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12-21-09 Town Council PacketSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING DECEMBER 21, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: JOINT MEETING WITH THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD AND ORDINANCE NO. 24, SERIES OF 2009 — AMENDING THE 2010 BUDGET FOR THE MARKETING AND SPECIAL EVENTS FUND FOR THE TOWN OF SNOWMASS VILLAGE Time: 75 Minutes) ACTION REQUESTED OF COUNCIL: Discussion of Budget philosophy and review of proposed changes to the Marketing and Special Events budget and approve, modify or deny first reading of Ordinance No. 24, Series of 2009. Susan Hamley .......................... Page 1 TAB A ) Item No. 5: UPDATE FROM ASPEN SKIING COMPANY ON SUMMER OPERATIONS Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Receive input and comment. Aspen Skiing Company ............ Page 12 TAB B) Item No. 6: ARTS ADVISORY BOARD — TOWN HALL ART PROJECT UPDATE Time 15 Minutes) ACTION REQUESTED OF COUNCIL: Receive input and comment. Lisa Vogel ................................ Page 34 TAB C) Item No: 7: DISCUSSION ON ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE STAND IN BASE VILLAGE PLAZA Time: 30 Minutes) 12-21-09 Page 2 of 2 ACTION REQUESTED OF COUNCIL: Receive input and comment. Public hearing and action on January 4, 2010. Chris Conrad ............................ Page 39 TAB D) Item No. 8: DISCUSSION ON MINOR PUD AMENDMENT: PARCEL D. EAST VILLAGE PUD Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Receive input and comment. Public hearing and first reading on January 4, 2010. Chris Conrad .......................... Page 44 TAB E) Item No. 9: FIRST READING — ORDINANCE NO. 23, SERIES OF 2009 — COMCAST FRANCHISE AGREEMENT Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny First reading of Ordinance No. 23, Series of 2009 John C. Dresser, Jr. ................. Page 55 TAB F) Item No. 10: MANAGER'S REPORT Time: 10 Minutes) Russell Forrest.......................... Page 97 TAB G) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 100 (TAB H) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 103 TAB 1) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4 hours excluding items 1 — 3, and 11 —13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Susan Hamley, Tourism Director DATE: December 21, 2009 SUBJECT: MARKETING, SPECIAL EVENTS & GROUP SALES BUDGET DISCUSSION I.Purpose and Actions Requested of Council: The 2010 Marketing budget has changed since its official adoption by Council in November 2009. The revised budget needs to be reviewed by Council and an action to adopt it as referenced in Ordinance No. 24 Series of 2009 is requested. Council has also asked for a presentation from the Marketing, Special Events & Group Sales Board MSE&GSB) and Staff regarding their philosophies behind the 2010 budgets, as well as to agree a process for regular communications that allows Council to be comfortably informed. II.Background The MSE&GS Board approved the proposed 2010 Marketing budget in October 2009 to accommodate the timing of the formal Council budget approval process. Approval was made with the caveat that the Board was not in full agreement on the proposed budget, primarily related to four major categories: Winter Marketing, Winter Events, Summer Marketing and Summer Events. Subsequent small group meetings with Board Members, Town Manager and Staff were held to review various budget scenarios in detail, and the outcome was a budget which was unanimously approved by the Board in its December 2009 meeting. In the December 21, 2009 meeting, the MSE&GS Board and Staff will present a strategic framework to Council to share historical performance, 2010 direction, and long term goals. Ill. Options for Council's Consideration Option 1: Approve the budget as proposed and referenced in Ordinance No. 24 Series of 2009. Option 2: Request modifications to the budget as proposed and referenced in Ordinance No. 24 Series of 2009. Option 3: Deny the budget as proposed and referenced in Ordinance No. 24 Series of 2009. SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 24 SERIES OF 2009 AN ORDINANCE AMENDING THE 2010 BUDGET FOR THE MARKETING AND SPECIAL EVENTS FUND FOR THE TOWN OF SNOWMASS VILLAGE. WHEREAS,the Town Manager, has submitted a 2010 Revised Budget;and WHEREAS,the 2010 budget,revenues and expenditures have varied from budgeted amounts;and WHEREAS, revenues for the chili pepper& brew fest and other events have changed and expenditures have increased due to the appropriation of the additional revenues and use of the reserve fund;and WHEREAS, the Town of Snowmass Village Home Rule Charter requires adjustments to the budget when circumstances change relating to the budget. NOW,THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village,Colorado: Section One: Revised Budget That the Town of Snowmass Village 2010 budget be adjusted to the 2010 revised budget for the Marketing and Special Events Fund,a true and accurate copy of which is attached hereto. Section Two: Appropriation That the 2010 revised budgeted revenue is hereby appropriated for expenditure during the 2010 budget year. Section Three: Effective Date This Ordinance shall become effective upon adoption in accordance with Article X, Section 9.11 (e)of the Home Rule Charter. INTRODUCED, READ AND ADOPTED on first reading by the Town Council of Snowmass Village, Colorado on the 21 st day of December,2009 with a motion made by and seconded by and by a vote of_in favor to_opposed. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of Snowmass Village, Colorado on the 4th day of January, 2010 with a motion made by and seconded by and by a vote of_in favor to_opposed. A roll call was taken, those in favor were those opposed were TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon,Town Clerk TOWN OF SNOWMASS VL1A6E MARKETING AND SPECIAL EVENTS FUND 8UD6ET SUMM MARY 2010 2008 2009 2009 2010 2010 2011 2012 2013 2014 DESCRIPTION Aerie) BUD6ET REVISED VARIANCE PROPOSED WNaed VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED CARRYOVER 624, 698. 44 $ 433, 406. 22 $ 433, 406. 22 0. 00) $ 261, OD3. 22 $ 261, 003. 22 0. 00 $ 307, 953. 22 $ 365, 969. 22 $ 507, 225. 22 $ 724, 723. 22 REVENUES 3, 895. 648. 76 $ 3156, 607. 00 $ 3065, 097. 00 ($ 9151D. D0) $ 3, 067. 097. 00 $ 3, 154, 000. 00 $ 86, 903. 00 $ 3136, 953. 00 $ 3233499. 00 $ 3, 337641. 00 $ 3440, 457. 00 EXPENDITURES 4086940. 98) ($ 3270, 000. 00) ($ 3237, 50000) $ 32, 50000 ($ 7020, 147. 00) ($ 3, 150, 000. 00) ($ 129, 853. 00) ($ 3078, 937. 00) ($ 3092243. 00) ($ 3, 120, 143. 00) ($ 3, 143, 097. 00) ENDING PALANCE 433406. 22 $ 32001322 $ 261003. 22 ($ 59910. 00) $ 307, 953. 22 $ 265, 003. 22 ($ 42. 950. 00) $ 365, 969. 22 $ 507, 225. 22 $ 724723. 22 $ 1022083. 22 2010 Appropriation from 2008 2009 2009 5 2010 2010 2011 2012 2013 2014 Ymr End Carrva. Acrid BUDGET REVISED VARIANCE PROPOSED Remo. d VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED RESERVE( 10% ef Reve .) $ 389564. 88 $ 315660. 70 $ 306. 509. 70 ($ 9, 151. 00) $ 306, 709. 70 $ 315, 400. 00 $ 8690. 30 $ 313, 695. 30 $ 323, 349. 90 $ 333, 764. 10 $ 344, 045. 70 UNAPPROPRIATED RESERVE 43, 841. 34 $ 4, 35252 ($ 45, 506. 48) ($ 49. 859. 00) $ 1, 243. 52 ($ 50, 396. 78) ($ 51, 640. 30) $ 52, 273. 92 $ 183, 875. 32 $ 390, 959. 12 $ 678037. 52 Year Ed Appropriation $ 433, 406. 22 $ 320013. 22 $ 261, 00322 ($ 5901000) $ 307 953. 22 $ 265. 003. 22 $ ( 42950. 00) $ 365969. 22 $ 507. 225. 22 $ 721, 72322 $ 1. 022, 08312 As of November 25, 2009 PROPOSED 2010 MARKETING BUDGET Expenses ( K) 2009 Proposed 2010 0 NET Comments Payroll 443 459 16 2 furlough days each ( 41K); 1% cost of living incr held till June ( 4K) Payroll Overtime 5 5 0 Not incremental; out of payroll; use as comp time Payroll Benefits 171 193 22 Cost of benefits increase per TOSV Training 5 3 2 Cut skills& team retreat training; keep stakeholder meetings light f& b Dues & Membership 1 2 1 ACRA memberships; add CADMO Travel 12 9 3 Do more GoToMeetings. com; still need face- to- face sales PERSONNEL SERVICES 637 671 34 Contract Service 30 Weekly flyer distribution both seasons; big summer event poster distribution throughout Valley& regionally( front range, Denver, GJ); 25 5 roofing system storage Audit 2 2 0 TOSV Obligation Equipment Re airs 0 1 1 Something will break Telephone 7 7 0 Cost of doing business; includes Transit Center& kiosk Utilities 2 2 0 Not included in Rent PURCHASED SERVICES 41 37 4 Building Lease Payments 80 80 0 Required TOSV Rent Miscellaneous 15 Obligation for TOSV Services: police, roads, trash, etc.; 2009 at 15K; 20 5 more events in 2010 means increase Supplies- Events 16 Radio & truck rentals; pop- ups get destroyed by weather; sandwich boards walk off; lumber & nails for risers; soft fencing as needed; 6K+ in stage scrims ( for sponsors who provide 10x that number in revenue); possible more egress supplies; laminating film for signs & 12 4 creds; misc supplies ( cords, zip ties, stakes, etc.) Supplies- Office 14 Mostly toner& paper to print flyers, posters, other marketing materials in- house vs professional print; fulfillment mailing envelopes, 8 6 saves$ Vehicle Parts 1 1 0 Postage 35 Guest fulfillment; eliminated poster mailings & doing just online 15 20 downloads; encourage guests to go online OPERATING & MAINTENANCE 161 136 25 Qf O E. ui merit puter is 6+ years old and ready to croak Fanny Hill FixinglWatering 7 Obligation for Fanny Hill events: dirt, rocks, grass, watering all 7 0 summer; can' t predict what to expect when snow melts each ear ONE- TIME EXPENDITURES 15 11 4 ADMINISTRATION 854 855 1 Signage 15 At least one bridge banner/ week in winter& summer ( produce and TOSV fee to hang); Main Street banners; special banners, i.e. text to win; family activity sandwich board signs; some Board members requested add1 signage re: activities in Snowmass, i.e. potential kiosk purchase; all other signage & creds done inhouse with printer & 14 1 laminator Promotional Items 25 Advertising with longevity; giveaways for lodges to use at shows; 20 5 token thank you' s for guests Summer Marketing Increase$ 30K+++ in ' 10 to promote summer more if$ available; decrease Aspen/ Snowmass Summer Planner by$ 20K moving to publisher" owner;" new events require more marketing; annual 481 460 21 commitment with Outside and T& L gets more for less Winter Marketing 575 Separate detailed plan; strategic changes each year; Increase$ 20K 555 20 if more$ available Guest Services Training 15 Cost for Stars Moment, Monthly and Season winner$ awards, plaques & ads; no updated How To this year; nothing left for other training; don' t want to pull out and become Faces of just Aspen, Snowmass needs to be part of this program; build back up in the 13 2 future to increase guest services quality( stated Board priority Consumer Shows 0 0 0 Add targeted shows back in when $ available Photography 8 Expensive but current& compelling imagery is essential to sell Snowmass Village; reduce shoots this season; hired one 5 3 photographer& negotiated even better deal Television 4 0 4 Don' t need a new show, current one is still fresh RRC Occupancy 10 M- Trip partner program; in process of identifying set of reports and re- negotiating pricing; adding and fine- tuning; discounts realized in 16 6 previous years are completed Online Marketing 93 Website redesign & D3000 done in 2009; the world is shopping & buying online; optimization of key sites is required to capture their attention and make a Snowmass decision & transaction easier; continued maintenance and enhancements; monthly eblasts; doing most social marketing in- house, i. e. facebook, twitter, texting, promos like You Need A Vacation, etc.); hosting 7- 8 sites & database 60 33 m mt/ segmentation; etc.; building 2 more ISponsorship Tools i 61 5 1 Lod ing, feeding of& misc in sponsor sales process Airport Ambassador 01 1 IDesire to add back in someday, looking at Denver connection to 0 0 improve guest service a md rr NMN r 2 HW Y Q Arts & Crafts Show 8 0 8 Becomes the arts element of new summer culinary/ cultural event Blast the Mass 15 Our role in getting the event here; they' re losing money and decided to leave; figured a new plan to keep them here & happy and remain 15 0 within $ 15K Balloon Festival 45 Can' t do a partial event. Requirements include official Balloonmeister coordination; pilot lodging & dinner; insurance; fuel; major volunteer coordination; etc.; could eliminate Glow music for a lesser quality 45 0 40 event but would reduce impact Summer Event Contractor 40 25 15 1 Reworking arrangement TBD; more incentive- based Free Concert Series 150 150 0 80 Going from 6 to 8 concerts; change sound quality, talent, etc. JAS Labor Day 175 Contribution has ranged from $ 166K to$ 200K the past 6 summers; 150K in 2010 based almost exclusively on our overall reduced budget yet there are fewer days of the event, fewer guests and less occupancy; averages about $ 180K/ year; NEW: if moving to BM, 150 25 rework $ based on occupancy performance goals Chili Pepper& Brew Fest 223 Labor- intensive event given many moving parts, i.e. ICS cooks, local cooks, our chili; brewers, vendors; performers; etc.; Continues to grow( 1. 2K year one, 6- 7K today) and with it more security, ticket sellers and scanners, ID checkers & wrist- banders, chili & servers, porta- potties, bartenders, tents, ops labor; increasing talent($ plus lodging, meals, other rider requirements) impacts attendance ( can' t 225 2 50 1help weather) towards goal of continuing to grow occupancy in June. Family Fun Fest 0 0 0 JPossibly bring back someday Independence Celebration 15 0 15 No fireworks $ 10K min or it's lame); Add back in if possible Small Seasonal Activities 70 Family activities, i. e. storytelling, sing- a- longs, kids krafts both seasons; ACES hikes & walks; new summer activities, i.e. Savor Snowmass, Family Saturdays, Friday music, Chalk It Up; Family 70 0 Zone at 2 more Thursday night concerts JAS Block Party 2 1 1 Activity at Labor Day booth G3 Gravity 14 0 14 No event this was late invoice for' 08 expense Oktoberfest 10 Could eliminate but it fills the gap between Labor Day& Balloon& 10 0 8 Wine Fest so helps keep merchants open Winter Events 150 70K sponsorship with SkiCo for Big Air, Hi- Fi concert, other; Rest Holiday activities; Mardi Gras; Winterskol; St. Paddy' s day; Ad- hoc 110 40 108 sidewalk sales et al 1 Transportation 27 2009 landed at 30K; anticipating add' I TOSV shuttle service summer 38 11 2010 with more events Summer Chairlift 34 Request Council to ask SkiCo turn on the three year running of a 0 34 summer lift requirement IF-. anny Hill s age p Hoping nothi- n breaks: made more solid this year NEW: FREE SUMMER CONCERT 0 15 15 TBD; Saturday of Smith Fest weekend NEW: PD CULINARY ARTS FEST 100 100 35 Higher demo, poised for growth; net$ 35K NEW: SMITH FEST ACTIVITIES 10 10 Contests coordination & prizes, room rentals, misc NEW: SUPPORT FOR PRODUCEF 0 Miscellaneous support for event promoters who bring their programs 10 101 to our venue and take risk& reward - YOGA & MUSIC WEEKEND Winter X- Games 85 85 01 ESPNIX needs to see full community support SPECIAL EVENTS 1 10641 1059 5 Public Relations 50 Minimum to support p.r. efforts, i.e. media relations, fams, releases 50 0 on wire, etc.; Increase$ 20K if more$ available Rebate 38 38 0 Community rebate PUBLIC RELATIONS 88 88 0 TOTAL EXPENSES 32381 3150 88 TOTAL FUNDS 3065 3154 90 Balance 174 4 178 PROPOSED 2010 MARKETING BUDGET Revenues ( K) 2009 Proposed 2010 0 Town Sales Tax 2828 2828 0 Arts Fair 6 0 6 Moves into new Culinary event Balloon Fest 2 5 3 Chili Pepper& Brew Fest 146 175 29 Likelv hi her, weather is an unknown; 160K in 2009 Snowmass Wellness Experience 81 0 8 This was 2008 revenue that didn' t hit the books until 2009 Oktoberfest 21 2 0 NORBA National 0 0 0 Free Concert 60 75 15 More concerts forsponsorship benefits; more bar revenue General Sponsorships 7 0 7 Tough sponsor times; bonus ifit happens NEW: PD Culinary Arts Fest 0 65 65 First year event in tough economic time Co- Op Reimbursement 2 0 2 Winter Events 2 2 1 0 Subtotal 30631 3152 90 0 Interest Income 2 2 0 0 TOTAL 2 2 0 0 TOTAL FUNDS AVAILABLE 3065 3154 90 Carryover 434 261 Revenue 3, 065 3, 154 Expenditure 3, 238 3, 150 Total Remaining 261 265 10% Reserve 306 315 Unappropriated 46 50 Take From Reserve 50 50 Total Remainin 4 0 Major categories impacted Admin & smaller categories cut MEMORANDUM TO: Snowmass Village Town Council FROM: Victor Gerdin, Aspen Skiing Company DATE: December 21, 2009 SUBJECT: Summer Operations at Elk Camp for 2010 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Receive input and comment. 11. BACKGROUND Each summer and winter season the Aspen Skiing Company provides the Snowmass Village Town Council with an update for the upcoming season. Attachments: H11Wa3 Ing I SONVIHOIH N3dSV I NIVIN( lOW N3dSV I SSdWMONS 0 OZ aol dweo 113 le suoijeaadC) aauauanS anoi AO 83, 140d 3N1SSVWMONSW, N3dSd f11W0311fl8 I SONHHOIN N3dSV I NId1NnOW N3dSV I SSVWMONS 90- ZO aaueuipa0 pounoo uMol AS01 ul, paainbaN/ panoaddd ueld a0: 1sew uie} unow ssewmouS £ OOZ ui posodoad sjsan6 aawwns aol sailiunlioddo aaow aallo sedols allue6 s eaadpauueld sai} ini} ae 10 JSIJ anlsuagaadwoo dwe: D 1113 it! suoijeaadp jewwriS 0 oz L+ f10j JU 13' 00d 3HlSSVWMONS ' , N3dSU K1IW 131ifI8 I SONVIN91N N3dSV I NIa1NnOW N3dSb I SSVWMONS algel! ene sa! l! un} aoddo janbue8 sa!}! n!} oe ssewmouS/ uedsy dweo Q sa! I! n!} oy AI! We_ Q sl! eal g — 5UI ! q panaas jj! j/ elopuo J Q sl! eal 0 — bu!! q panaas elopuoE) Q auueznS ajeo — abeaana8 pooJ Q aann/ SAep C — uo! jeaado I1! la! ey: D 03 Q 99m/ sAep L — uo! jeaado elopuoE) OD 0 W JOI SGII! All3e 10 ISi- 1 dweO M13 le suoijaaadp aawLunS 0 LOZ anoi AO a3, MOd 3H1SSVWMONS ( } N3dSd Himnins I SQNVIHDIH N3dSV I NIVINROW N3dSV I SSVWMONS sainsolo 6uivay6! l of alq! ldeosns ssa apssaood yp y, aayleann luewelou! 5uunp elgeljojwoo pue WJenn — uoileaado ragleam 11V w uaapl! uo Ilews pue Apapla AIle! oadse) slj! la! ego uo ainsodxe jo ln} jeaj slsanb aawwns jams- uou ao} elgeljojwoo — aou pasolou3S96nluenpV elopuoO dweo ) 113 41! suoi4eiedp jewwriS 0 OZ anOA AO HIMOd 3N1SSVWMONS ( ', AIM ffltWa311( ls I SONVIHOIH N3dSV I NIV1NnOW N3dSV I SSVWMONS s/! eal ouidle y6iy Xsee uo 5u1Vu 11NUMOp eaad ssawepl! M fiuipuroaans ayj pue s1leg uooaew all jo sMain Inji] nea8 uO! jena1a JOOJ 00£ ' G , f 01 ssaooy1euivaaal elopuoE) w04 sseooe /( se_ SOMM 11! J iieuo 3iu, aC) S dweo X113 dweo X113 it! suoijeaadp jewwriS 0 oz d1f10J JO dJY0d JailSSVWMONS ' ` MSd i1IWH31!( 18 I SONVICH N3dSV I NIVINnOW N3dSV I SSVWMONS ssaoae e/ opuoEslanbueq pue sa. 1lied alenud aoj uo! jeaado leuoil! pp y uo. Ileiedp Alie( j saa) iiq pue sa0> 1iq ao1 slui9LUgse4a8 Apunpoddo 5uiu! p u. IeiunoW- u p auueznS , 1e0 — 06eaana8 T pooh dweo 1113 IEr suoijeaadp jewwriS 0 oz a110j AO 83,' A. bd 3HlSSdWMONS ' N3dSd H11WH311f18 I SONV1HOlH N3dSV I NIVINOOW N3dSV I SSVWMONS apps Isea auj uo slieal bullsixa Ile pue Iieaj Juauauaan05 01 u01109uu03 opis Jsann auj uo slieal 5ullslxa Ile buissaooe slleal UjA- X syj 01 u0113auu03 ng pue Ilen ayj 01 slueosep aleipawialul sMopean ayj le slleal eoljoeid aauuiba8 apnloul sly6llg5iy wE) IsAs Beal eqi , elopuo! D ayj jo dol ayj woa3 algelleAe slleal a lq jo salp + 5 I- aq Il! m aaaul Sliea1, aM ! g uielunow dwe:) 1113 le suoijaaadp aauawnS 0 OZ anoJ JO 83MOd 3NlSSVWMON SO ) N3dSd CIO cx- C/) lc= H c M N N cn N z c w O E Z 4 M N N N N N csa W a Q Cn n cn w O 1&0 C O LAJz r a Y V U p aVCE a P°vl yy[ 1, . s, v '• J y ~ 4'fit cS ar ea o °va n J iJ 2 , w',• iW, \ IC r N AM ck W F- 'm 'i I- m Is IN X ASPEN ) SNOWMASS ThF POO. FR OF FOUR j Beginner Loop A beginner bike loop will t offer novice riders a place to warm up and/ or learn key riding skills. A6 Chu Riding lessons will most likely be available. so SNOWNIASS I ASPEN MOUNTAIN I ASPEN HIGHLANDS I BUTTERMILK ASPEN - ) SNOWMASS T[ F POV. FP OF FOUR jYY Available Summer 2010 This " skills" loop on y ' Fanny Hill will offer practice for basic bike handling skills . . . as well y. as bike access between the Mall and Base Village SNOWMASS I ASPEN MOUNTAIN I ASPEN HIGHLANDS I BUTTERMILK C/) N L r 5C O E O W L N N H U) 4- d O O (6 N cn 4-1 cnLL Z L O m W 0 U) z Cn O 4-1 _0 O x a Q N cn r V O a N 0 0 ( D Jr cn 7 oQ.l Lao G lf. CIO it of In 9rp '6 F,y* • "y, pa f 1 B app a - a i R n Q a a a t ` " 5 1 n l4 A '+ on A = D e U 3 i f ASPEN J) SNOWMASS i THE POWER OF FOUR Connection to East Side 1 Connect to East Side Trail system offers easy link to biking and hiking on all AWL existing East Side trails including:GOVERNMENT POWERLINE SEQUAL v. 16 a . Y{ , F in^ Qr• 3 9JO ^ pp IFS STARK' S CFO BLAKE w a— a° 9 °°° P 1 0 ANAEROBIC NIGHTMARE a . 3 . ° o OWL CREEK p`° with shuttle options available back the Mall/ BV. SNOWMASS I ASPEN MOUNTAIN i AShli HIGHLANDS I UUi0ALK COO.) C x C/a CXJ cc cc W W y S Lai Lai cu arc CD r a d 1 U) t n G7 c( RVJ d N o 0) > c N o L O o V Q) ti p' C N O o U I— F E Ml r— 11 0 O LAJ Cc y U 1 N Q p o0 0 C jCO20 a i p p v 0a Y O L) Q OU Q L c L i L Ncc s Q U) 10 U) p p n ui z LL I-U LL aW i d. loom y1 am.• 1 ,. 44 J et,kd- cop) Q O Q 4-1 cn O X cn mow0N L O dg O 7C)art cuZ c s CL. C.07 LUE Cl) Q U1 ti C..) VJ Q U1 r Q O Q) cn i U N (U _ i 0 Q Q N N ki o F t. f ASPEN •. ) SNOWMASS TNF PO. FP OF FOUR f Sierra Loop i EC Summit HI KI Sierra Loop and EC Summit Trails Hikers will enjoy a 3. 5 Mile loop, l{ with views of the Hanging Valley Wall, that starts and ends at the Gondola terminal. Stronger hikers can continue to the summit via the Summit Trail 3. 0 miles one way) for stunning views of the Maroon Bells. On weekends hikers can either s ride lift up & hike down or hike up ride lift down . SNOWhMASS I ASPEN MOUNTAIN i ASPEN HIGHLANDS I BUTTERMILK c/7 p Q o p 4— W N C p rL.' '- ic 6 cn c6 C> L N m to N D p z O 4-1 Z O 6 O O W C c/) U- -0 x Q W Q 4-1 OL s_ O L cn C 4 cn MN ` O _ O N U N a-' LL z N cn O_ N _T O N O 2m 0 W i a- wi y'• 4.,. tl":. ,. I `vr'g{.i: c94.• o C6a 111 C•R i p i 11 11(t a..,i{ LL 6 C e '.'bi ' • a b T' ` . b' 4 4 $ Cn a`l '1 r. .. vo'4 Ch B"a¢},' • III c/7 Elk$4 jjt it rJ J .. ff _ P f Tf COO a P v-rC9'•'++D e v yl n^C L + n Y• 1 D'V h f 0 9 T ASPEN +) SNOWMASS f THE POWER OF FOUR e 1 r Rabbit Run Trail Rabbit Run is the existing winter snowshoe trail and will be available for a short, 3/ 4 mile, hiking je loop through the forest r and meadows near the Rabbit„' Gordola Top Terminal. HI KI N( 3 SNOWNIASS I ASPEN MOUNTAIN I ASPEN HIGHLANDS I BUTTERMILK cn ol Q O CD LO V N a) (n K (n s c/3 O — Q z E x W V U U a hti. I 0 • y \ pt i pf rr n,fr. ZE CL 40 Y •R Y Q `\ice yj H11W031i( 18 I SONUH91N N3dSV I NIV1N( lOW N3dSV I SSVWMONS ssewmouS uadsy dweJ inn paslnaodns speoi 5u! js'/ xe uo 5Lf! paeoqu' lejunoW elgellene uoisinaadns/ uoijonajsui bulllas leinjeu puod suarrqAea u'/ 5uiys d S* E]- o- , inn dlusaauljed algissod papinb- jles ao papinb Isileinjeusanol wnjeN dwe : D MI3 it? suoijeaadp jewwriS 0 OZ anoJ Jo dW, 10d JHiSSVWMONS ' N3dSV 1111Wl13J. 1f1S I SONUN91H N3dSV I NIVINflOW N3dSd I SSVWMONS e! opuoE) jo wolloq of dol J/ o5 as/ p sl! npe pue sp! aoj gsna ou! leuaipe la! ego snnopeaw aeau aur/ odweiL aeBun8 gd! g aa 5Z eu! ua, al dol aeau eM 5u/ gcu// j e. sa11! n!} oe „ an! jaadjaju!„/ punoj5Aejd auueznS aje: D aeau eaay Ae/ d s, uaapllLlj ueld buiieaadp aawwnS to nnainaa S:: jSfI leuil buipued saiIini} ae aaglp dwe: D ) 1I3 } e suoijeaadp jewwnS 0 OZ HnOj AO 83,' AOd 3HlSSMONS ' N3dSd MEMORANDUM TO: Snowmass Village Town Council FROM: Barbara Peckler, Administrative Assistant DATE: December 21, 2009 SUBJECT: ARTS ADVISORY BOARD I. PURPOSE AND ACTION,REQUESTED OF COUNCIL A. Review a presentation from Michael Clapper with detailed technical drawings and material samples of the design and schedule of completion concerning the Town Hall Art Sculpture created by Michael Clapper called Transparency; B. Appropriate existing funds in the amount of $22,500.00 (the remaining balance in the Arts Advisory Board Town Budget) along with $50,000 from the Arts Advisory personal fundraising account (sale of pavers and chairlifts) for the purpose of funding the Town Hall Art Sculpture. II. DISCUSSION At the October 20th, 2008 Council meeting Arnold Mordkin made the motion to approve awarding the commission to Mr. Clapper and spending $5,000 to begin schematic design. It was approved by a vote of 4 in favor to 0 opposed (Merc absent). The Arts Advisory Board has submitted a photo, proposed budget and balance sheet for SAAB (attached) for review. SAAB originally allocated $50,000 to the Town Hall piece from the Town in 2008 which was at that time estimated at $100,000. In 2009 when it became apparent the economic recession would preclude any additional funds being added from the Town, SAAB asked the artist to reduce the cost though value engineering to an overall budget of$75,000. SAAB now has reallocated an additional $25,000 from the SAAB account (total of$50,000) to meet the revised budget of$75,000. III. STAFF RECOMMENDATION The Arts Advisory Board (SAAB) recommends that the Council give final approval for the Michael Clapper"Transparency" sculpture and authorize the Town of Snowmass Village to make payments up to $75,000.00 for the art sculpture. Narrative of the Sculpture "Transparency" for the People of Snowmass Village My intent with the sculpture"Transparency" is to create an interactive sculptural installation for the people of Snowmass Village. The public will engage with the work physically as seating, and metaphorically and visually as a series of open windows between the Village of Snowmass's administration and the citizenry that it serves. To illustrate this concept I will create a composition of stone and steel. Three large steel rings, or windows,will be strategically placed so that they frame key views of Snowmass Village on the opposite hillside.They will be made from carbon steel and will be allowed to acquire a rust finish in keeping with the architecture of the Valley. On the Town Hall side of the rings I'll place a composition of stone elements. Visually,they will form a loose cluster, or composition, and will seem to fan out toward the steel rings. The stones will be placed at bench height and will serve as seating for the governmental employees and for the public at large. While sitting on the seating stones, one will be able to take in the various views created by the careful placement of the windows.The stones will be remnants of Yule Marble taken from sites within the town of Marble. Utilizing the rough, patinated edges of the remnants, the tops of the stones will be polished. I envision the landscaping that surrounds the stainless steel rings to remain one of green grass. The area surrounding the stones will be the same so that the composition will seem to simply set upon the lawn in front of the Town Hall. I hope you share my vision of Snowmass's latest public art project. I feel that through minimal styling and rich metaphor we can create a timeless work of art that is as meaningful as it is beautiful. Sincerely, Michael Clapper II Budget for Proposed Sculpture "Transparency" carbon steel, rust finish) Design Fee:7,000 Consultation: (Structural Engineer) 1,300 Sub Contractors: (all concrete footers) 9,700 Sub Contractors: (steel fabrication & install by demiurge) 31,865 Sub Contractors: (landscaping) 2,000 Artist's Work: (marble-cut, polish, transport & install) 13,955 Insurance: 600 Overhead: 1,100 Photography: 80 Plaque: 400 Contingency Fee: 7,000 TOTAL: 75,000 TOWN BUDGETED ARTS ADVISORY BOARD BALANCE X,P EySE ACCOUNTS Budget YTD Totals B_ud_ et Ba_lanc_e Consultant(001-0200-409-02-08) Miscellaneous (001-0200-409-04-12)500.00 $ 1 500.00 Cash Purchases (001-0708-510-06-35) $25,000.00 $ Michael Clapper 2,500.00) 22 500.00 TOTAL 25,500.00 $ E 237000100 C SAAB FINANCES 9-30-09 ESCROW ACCOUNTS Artwalk (001-0000-200-03-49)24,191.12 Revenues 2005 Donations 17,028.99 2005 Proceeds from Chairwalk 20,970.00 2007 Silvertree Check for Plaque 126.25 2008 Sales 1,050.00 TOTAL REVENUES 39,175.24 Expenses 2005 Expenses 14,216.62) 2007 ASI Modulex-Plaque 267.50) Ad Vogele Designs 500.00) TOTAL EXPENSES 14,984.12) Rotary Donation (001-0000-200-03-52) $ 1,000.00 Paver Project(001-0000-200-03-65)81,434.78 Revenues 2006 Paver Sales 3,945.00 2007 Paver Sales 87,410.00 2008 Paver Sales 1,250.00 TOTAL SALES 92,605.00 2006 SAAB Budget Used 500.00 TOTAL REVENUES 93,105.00 Expenses Britta Gustafson-Brochure 1,072.00) Colorado Mtn News Media 113.88) Colorado Mtn News Media 887.75) Aspen Daily News 594.19) Pyramid Printing 1,207.95) Aspen Daily News 114.46) Colorado Mtn News Media 1,380.01) Postmaster 117.00) Pyramid Printing 1,223.92) Colorado Mtn News Media 1,159.15) Colorado Mtn News Media 1,183.40) Oldfield Refund 75.00) Postmaster 179.17) Colorado Mtn News Media 306.60) Silvertree 125.00) Jim Kehoe 693.24) r Profit Resources 1,237.50) l TOTAL EXPENSES 11,670.22) MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 21, 2009 SUBJECT: DISCUSSION ON ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE STAND IN BASE VILLAGE PLAZA ACTION REQUESTED OF COUNCIL: Receive input and comment. Public hearing and action on January 4. Applicant: The Magic Buzz Coffee and Chai Company Planner:Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Magic Buzz Coffee and Chai Company, Scott Calliham proprietor, is requesting an Annual Temporary Use Permit ATUP") to locate a 1971 Volkswagen Bus, retrofitted to serve as a commercial coffee sales kiosk, in the Base Village Plaza for one (1) year including the 2009-10 Ski Season. Action Requested: To review the application and provide staff with direction. The Applicant will be available to provide an overview the project and respond to questions. The Public Hearing and consideration of a resolution authorizing the permit are scheduled for January 4, 2010. BACKGROUND: A copy of the application has been placed in your council boxes. A copy is available for public viewing at the Planning Department. Two (2) possible locations are shown within the application with "Option 1" being preferred by the Applicant. 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval at their December 9, 2009 meeting. Please refer to Resolution No. 18, Series of 2009, included as Attachment 1 of this packet. Exhibit "A" of the resolution has not been included within this packet as it is the application document placed in the Town Council boxes. 3. APPLICABLE REGULATIONS. Section 16A-5-260, Temporary uses, of the Snowmass Village Municipal Code sets forth the review standards that should be addressed by the Applicant. STANDARDS: Section 16A-5-260(d) Review Standards. The Town Council may approve the proposed annual temporary use if it complies with the following standards: 1. Use shall be appropriate. The proposed temporary use shall be appropriate in the particular location, taking into consideration the nature of the use, its 1 relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. 2. Use shall comply with policies and regulations. The proposed temporary use shall comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws. 3. Applicant's skills and experience. The applicant shall demonstrate that he or she possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner. 4. Written approval. The applicant shall obtain written approval from all reviewing agencies having jurisdiction over the proposed temporary use. 4. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Items for discussion may include: a. Consistency with the Base Village PUD. The Base Village PUD provided specific authorization for food and beverage facilities within the plaza area. Granted, the current economy has affected the ability of several operations to be open this ski season. ATUP approval was granted in February, 2008 for a kiosk, operated by Related WestPac, as it was felt then that it would be appropriate to allow coffee and limited food service there to better serve the guests. The Applicant needs to demonstrate that this modification is consistent with or an enhancement of the Base Village PUD and that it is appropriate at the proposed location taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. Planning Commission Recommendation: The Planning Commission believed that the Applicant needs to satisfactorily demonstrate to the Town Council that the proposed use is appropriate in relation to surrounding uses such that it is more complimentary rather than competitive in the service it will provide to the guests. Staff Recommendation: Staff points out that the ATUP process is truly intended for temporary" uses rather than fixed facilities. It does provide a way to allow operations to commence on a trial basis; however, it is recommended that a Minor PUD Amendment be processed for this facility to remain at the proposed location for more than one (1) year. b. Proposed Locations: The application identifies two (2) possible locations for locating the facility. One is proximate to Fanny Hill near Liquid Sky/Junk and the other is near the gondola adjacent to the Aspen Skiing Company ski conditions display board. The Applicant prefers to be adjacent to the ski slope. Planning Commission Recommendation: Recommended approval of"Option 1" adjacent to the ski slope. Staff Recommendation: Staff agrees with the Planning Commission recommendation. 2 c. ATUP Permit Renewal: ATUP's may be administratively renewed following initial approval provided there have been no issues regarding the operation and no substantive modifications to the terms of the original permit are being proposed. Planning Commission Recommendation: The Planning Commission recommends that the permit should not be administratively authorized for renewal without Planning Commission and/or Town Council review and approval. Staff Recommendation: Staff considers this as potentially becoming a fixed facility and recommends that a Minor PUD Amendment application be submitted for review and approval prior to the expiration of this permit. ATTACHMENTS: Planning Commission Resolution No. 18, Series of 2009. HANDOUTS: Magic Buzz Coffee and Chai Company application. 3 ATTACHMENT 1 SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 18 SERIES OF 2009 A RESOLUTION RECOMMENDING APPROVAL WITH CONDITIONS AN ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE AND CHAI FOR A COFFEE SALES KIOSK TO BE LOCATED IN THE PLAZA AT BASE VILLAGE. WHEREAS, the Magic Buzz Coffee and Chai Company,Applicant, is requesting approval of an Annual Temporary Use Permit("ATUP")that would allow a commercial coffee sales kiosk to be located in the Base Village Plaza; and WHEREAS, Section 16A-5-260 of the Town of Snowmass Village Municipal Code Municipal Code") provides a mechanism for the Town to consider activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town, such as temporary activities of a civic, educational or cultural nature or entertainment-oriented activities; and WHEREAS, Section 16A-5-260(b) of the Municipal Code establishes a Review Procedure for Annual or Administrative Temporary Use Permits; and WHEREAS, Section 16A-5-260(c)Application Contents of the Municipal Code sets forth the minimum contents for temporary use applications; and WHEREAS, Section 16A-5-260(d)of the Municipal Code establishes the Review Standards for temporary use permits; and WHEREAS, the Applicant submitted an application for a Temporary Use Permit within Base Village on November 13, 2009 to the Town of Snowmass Village Planning Department; and WHEREAS, a public meeting was held by the Planning Commission on December 9, 2009 to receive public comment. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: Findings. The Planning Commission finds that: 1.The application has been submitted in accordance with requirements of Section 16A-5-260, Temporary uses of the Municipal Code. 2.The proposal does not conflict with the Purposes of temporary uses within the Town. 3.The proposed temporary use application does meet the provisions of the Review Procedure set forth in Section 16a-5-260(b) of the Municipal Code. 4.The proposed temporary use does comply with the Review Standards established in Section 16A-5-260(d) of the Municipal Code. Section Two: Action. In accordance with the findings stated in Section One of this Resolution,the Planning Commission recommends that Town Council approve with conditions the Annual Temporary Use Permit for Magic Buzz Coffee and Chai Company to allow a commercial coffee PC Reso 09-18 Page 2 sales kiosk to be located in the Base Village Plaza, as described in Exhibit "A", subject to the recommendations outlined in Section Three of this Resolution. Section Three: Recommendations. The Planning Commission makes the following recommendations to Town Council for consideration in their review and action regarding the proposed temporary use permit for the kiosks to be located within the Base Village project: 1. Approve the kiosk as shown as Option A in the Application, with the following minor adjustments and/or clarifications: a. That a condition be applied requiring that no improvements be placed within the fire lane and that final review and approval be given by the Aspen Skiing Company and Snowmass-Wildcat Fire Protection District prior to commencing operations. b. That the ATUP be granted for a one (1) year period provided the Town receives no substantive complaints regarding the operation. Should complaints be received that are not addressed by the Applicant, the Planning Director may require that modifications be made to this permit or recommend to the Town Council that the permit be rescinded. c. No additional signage permitted, with the exception of the existing signage shown in the application and a two (2) square foot menu board, without approval by the Planning Director pursuant to the Base Village Comprehensive Sign Plan. d. Deliveries should be scheduled to minimize impacts during morning ingress and evening egress. e. That the permit should not be administratively authorized for renewal without Planning Commission and/or Town Council review and approval. f. That all Pitkin County Environmental Health Department requirements be satisfied prior to and during operation. 2. The Applicant needs to satisfactorily demonstrate to the Town Council that the proposed use is appropriate in relation to surrounding uses such that it is more complimentary rather than competitive in the service it will provide to the guests. INTRODUCED, READ AND APPROVED, as amended, by the Planning Commission of the Town of Snowmass Village on December 9, 2009 upon a motion by Planning Commission Member Gustafson, the second of Planning Commission Member Slrkus, and a vote of 4 in favor and 0 against. Commissioners Purvis, Yokum and Faurer were absent. TOWN OF SNOWMASS VILLAGE PLANNING COMMIS ION ATTEST: Don Crouch, Vice Chairman Kristi Holliday, Secretary Attachment: Exhibit A - Annual Temporary Use Permit MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 21, 2009 SUBJECT: DISCUSSION ON MINOR PUD AMENDMENT: PARCEL D, EAST VILLAGE PUD. Applicant: CLA Snowmass Office Company, LLC Planner:Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: CLA Snowmass Office Company, LLC ("Applicant') is requesting Minor PUD Amendment approval to amend the East Village PUD for Parcel D. The proposal involves a change the use of the existing one-story building formerly the Snowmass Land Company offices)to permit the use of the parcel for single- family residential use. Action Requested: To review the application and provide staff with direction. The Applicant will be available to provide an overview the project and respond to questions. The Public Hearing and first reading consideration of a ordinance has been scheduled for January 4, 2010. BACKGROUND: A copy of the application has been placed in your council boxes. A copy is also available for public viewing at the Planning Department. The parcel has a lot area of 43,429 square feet, approximately 1.0 acre, and it is currently zoned Mixed-Use/Planned Unit Development (MU/PUD). The existing one-story building was originally approved and constructed to house the offices of the Snowmass Land Company (SLC). The stone-and- glass structure has a total floor area of approximately 7,925 square feet; the main office level has about 4,445 square feet and the basement/storage area includes almost 3,480 square feet. 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval at their October 7, 2009 meeting. Please refer to Resolution No. 15, Series of 2009, included as Attachment 1 of this packet. 3. APPLICABLE REGULATIONS. The proposal is being processed as a Minor Amendment of a Final PUD Application in accordance with Section 16A-5-390(1)b., Minor amendment, of the Snowmass Village Municipal Code. Review Standards that apply to this application include: 1) Section 16A-5-390(3) Review standards 2) Section 16A-5-300(c)General Restrictions 3) Section 16A-5-310 Review standards 1 4. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Items for discussion may include: a. Land Use. The East Village PUD permitted the location of this office building within the Two Creeks Ski Area for the primary purpose of allowing the developer, being the Snowmass Land Company, to establish a location for their offices. The Applicant proposes converting the parcel to residential use representing that the use of the current building is no longer viable for office use. A vicinity map and the applicable PUD provisions have been included as Attachment 2 of this packet. The Applicant needs to demonstrate that this modification is consistent with or an enhancement of the East Village PUD and that residential use is appropriate at this location taking into consideration the nature of the use, its relationship to surrounding land uses and its impact with respect to environmental, social and economic matters. Planning Commission Recommendation: The Planning Commission believed that the Applicant satisfactorily demonstrated that changing the use to residential should be permitted subject to their recommended floor area limitations. Staff Recommendation: It should be noted that the Applicant is requesting that the building be permitted to remain in use for office purposes until such time a lot purchaser intends to convert the existing structure or construct a new building for residential use. While the amended PUD Guide may be formatted to enable this flexibility, specific language has not yet been provided by the Applicant. The PUD Guide will be provided for consideration in conjunction with the first reading of the ordinance on January 4, 2010. b. Floor Area: It should be noted that the existing structure is actually 7,925 square feet in size but the East Village PUD specifies a 4,250 square foot limit for the office building. As an office building the basement is not considered calculable floor area. The Applicant agrees with the Planning Commission that the existing basement could be permitted to be reasonably modified to enable residential conversion but that any structure replacing the existing office building mass and scale should be limited to 5,500 square feet. Planning Commission Recommendation: Recommended approval of the floor area limitations stated on Page 3 of their resolution. Staff Recommendation: Staff agrees with the Planning Commission recommendation. Specifically, it states: a. If the footprint of the existing foundation is maintained in its present configuration, the maximum above-grade floor area is 4,447 sq. ft. and the maximum below-grade floor area is 3,478 sq. ft. The below-grade floor area may be habitable if it satisfies applicable Building Code requirements related to light and access. The foundation may be altered by the installation of doors, windows, light wells and the like in areas where the foundation is exposed and by the installation of decks or overhangs above the foundation; provided that, if the installation of any such decks or overhangs results in additional floor area, there will be a corresponding reduction in the existing below-grade floor area. b. If the footprint of the existing foundation is altered, except for the installation of doors, windows, light wells and the like, or the installation of decks and overhangs 2 above the foundation, the habitable floor area shall be limited to 5,500 sq. ft., with no more than 4,447 sq. ft. of habitable floor area on or above grade. c. The first 700 sq. ft. of garage space shall be exempt from the above floor area calculations. If the existing building is demolished and a new single-family residence is constructed, the property shall be eligible for additional floor area through the provisions of the Floor Area Excise Tax. c. Setbacks: Attachment 3 shows a proposed building envelope being fifteen (15)feet from all property lines. Planning Commission Recommendation: The Planning Commission accepted the Applicant's building setback proposal. Staff Recommendation: Staff is concerned with permitting the construction of a new single family residence that could be 5,500 square feet in size, predominantly single story and with a 28 foot height limit within the proposed building envelope. Attachment 2 shows a proposed westerly setback line being thirty (30)feet from the existing building. It is recommended that the front yard setback be increased from fifteen (15) feet to twenty (20)feet and that the west setback be as shown on Attachment 3. d. Floor Area Excise Tax (FRET): The Town Council should consider whether this lot should be eligible for FAET (up to 550 square feet) at such time it is converted to residential use. Planning Commission Recommendation: The Planning Commission recommended that FAET only apply if the existing building is demolished and a new residence is constructed with an approved floor area (FAR)of 5,500 square feet and that the maximum FAST floor area of 550 square feet must be contained in the lower below- grade level. Staff Recommendation: Staff generally agrees with the Planning Commission recommendation. e. Accessory Units: Should Accessory Units be allowed for this particular property? Accessory Caretaker Units (ACU) are 350-750 square feet and utilize the maximum allowable floor area unless additional area is obtained under the floor area excise tax; ACUs may be rented to qualified employees for a minimum term of six (6) months and short-term or vacation-type rentals are not permitted. Accessory Employee Units (AEU) may be 350-1,000 square feet in size. Since they involve allowing "bonus"or additional floor area that exceeds the maximum allowable floor area, the AEU must be occupied by a qualified employee for a minimum of eight (8) months each calendar year. Planning Commission Recommendation: The Planning Commission recommended allowing an Accessory Caretaker Unit(ACU), that is considered calculable floor area subject to limitation, and prohibit an Accessory Employee Unit(AEU). Staff Recommendation: Staff agrees with the Planning Commission recommendation. 3 Design Review: The Applicant has agreed that any single family residence be reviewed by the Snowmass Homeowner's Design Review Committee ("Design Committee"). Planning Commission Recommendation: The Planning Commission recommended that any proposed new residential structure be subject to review by the Design Committee. Staff Recommendation: Staff agrees with the Planning Commission recommendation. 5. NEXT STEPS: Based on the discussion, the Applicant may be requested to provide additional information and/or clarifications. Staff intends to provide a Draft Ordinance for consideration at the January 4, 2010 Town Council Meeting. ATTACHMENTS: 1) Planning Commission Resolution No. 15, Series of 2009. 2) Vicinity Map and East Village PUD provisions. 3) Parcel D proposed setback map. HANDOUTS: CLA Snowmass Office Company, LLC application. 4 ATTACHMENT 1 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 15 SERIES OF 2009 A RESOLUTION TO THE SNOWMASS VILLAGE TOWN COUNCIL WITH RECOMMENDATIONS CONCERNING THE PARCEL D, EAST VILLAGE PUD APPLICATION FOR A MINOR AMENDMENT OF A FINAL PLANNED UNIT DEVELOPMENT (PUD). WHEREAS, CLA Snowmass Office Company, LLC, a Colorado Limited Liability Company, ("Applicant') submitted an application for a Minor Amendment of a Final Planned Unit Development (PUD) to the Snowmass Village Planning Department on August 5, 2009; and WHEREAS, the Planning Department deemed the application complete for review purposes pursuant to Town of Snowmass Village Municipal Code ("Municipal Code") Section 16A-5-50; and WHEREAS, the Planning Department prepared a Staff Memorandum outlining the scope of the project along with the review process and distributed them to Planning Commission members on September 11, 2009; and WHEREAS, Planning Commission reviewed the land use application, received presentations by Town Staff and the Applicant at a regular meeting on September 16, 2009 and after discussion then moved to continue the meeting; WHEREAS, Planning Commission reviewed the land use application, evaluated the proposed options and considered direction by Town Staff at a regular meeting on October 7, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: General Findings. The Planning Commission finds that: 1) Submission: Applicant has submitted the Minor Planned Unit Development PUD) Preliminary Plan application, in accordance with the provisions set forth in Section 16A-5-300(b)(1) Major or minor PUD of the Municipal Code. 2) Content: The application contained the Minimum Contents as required by Municipal Code Section 16A-5-40; Section 16A-5-390(2) Procedures for minor amendment of a final PUD and included written and graphic materials of sufficient detail that the application was deemed complete for review. PC Reso 09-15 Page 2 3) Public Process: Planning Commission held two (2) public meetings, on September 16 and October 7, 2009, to review the land use application, and to formulate its recommendations to Town Council in accordance with the responsibilities and procedures prescribed in the Municipal Code. There were no public comments or inquiries concerning this proposal. 4) Municipal Code Requirements: Subject to the recommendations in Section Three of this Resolution, a majority of the Commissioners found that the land use application was in compliance with the Review Standards established in the following Sections of the Municipal Code: a) Table 5-3 Criteria for Classifying PUDs, meets criteria as a Minor PUD; b) Section 16A-5-300(c), General Restrictions; c) Section 16A-4-310 Off-street parking standards; e) Section 16A-5-310 Review standards; and f) Section 16A-5-390(3) Review Standards Section Two: Action. In accordance with the findings stated in Section One of this Resolution, the Planning Commission recommends that Town Council approve the Minor Amendment to the Final Planned Unit Development (PUD) for Parcel D, East Village PUD, subject to the recommendations outlined below in Section Three of this Resolution. Section Three: Recommendations. Planning Commission makes the following recommendations to Town Council for consideration in their review and action regarding the Parcel D, East Village PUD proposal: 1. Zoning: Maintain the existing Mixed Use/PUD (MU/PUD) zoning for the parcel rather than rezoning it to SF-30 Single-Family Residential. 2. Land Use: Amend the Parcel D-Land Use Summary Chart, Section A. Permitted use by right to include: Single-family detached dwelling unit; and to eliminate Professional offices as a use by right. Allow the Office (0) use to continue as a non-conforming use until the building is converted to a single-family residence. 3. Structures and Setbacks: Change the Parcel D-Land Use Summary Chart, Section B. Major Structures: a. One major structure with a building envelope as shown on the revised setback map; maximum height for primary structures shall be twenty-eight (28) feet and accessory structures shall be eighteen (18) feet. PC Reso 09-15 Page 3 4. Floor Area: Revise Parcel D-Land Use Summary Chart, Section C. Land Use Parameters as follows: a. If the footprint of the existing foundation is maintained in its present configuration, the maximum above-grade floor area is 4,447 sq. ft. and the maximum below-grade floor area is 3,478 sq. ft. The below-grade floor area may be habitable if it satisfies applicable Building Code requirements related to light and access. The foundation may be altered by the installation of doors, windows, light wells and the like in areas where the foundation is exposed and by the installation of decks or overhangs above the foundation; provided that, if the installation of any such decks or overhangs results in additional floor area, there will be a corresponding reduction in the existing below-grade floor area. b. If the footprint of the existing foundation is altered, except for the installation of doors, windows, light wells and the like, or the installation of decks and overhangs above the foundation, the habitable floor area shall be limited to 5,500 sq. ft., with no more than 4,447 sq. ft. of habitable floor area on or above grade. c. The first 700 sq. ft. of garage space shall be exempt from the above floor area calculations. If the existing building is demolished and a new single-family residence is constructed, the property shall be eligible for additional floor area through the provisions of the Floor Area Excise Tax. 5. Parking: Parking ratio of 1 parking space/bedroom. 6. Floor Area Excise Tax (FAET): This provision only applies if the existing building is demolished and an new residence is constructed with an approved floor area (FAR) of 5,500 square feet, the maximum FAET floor area of 550 square feet must be contained in the lower below-grade level. 7. Accessory Units: Allow an Accessory Caretaker Unit (ACU) pursuant to Municipal Code Section 16A-3-230(1); and prohibit an Accessory Employee Unit (AEU) as set forth in Municipal Code Section 16A-3-230(2). 8. Design Review: Require that the property be required to become an active member in the Snowmass Homeowner's Association and that all architectural and landscape plans be subject to review and approval by the Design Review Board in addition to meeting all Town Municipal Code requirements. PC Reso 09-15 Page 4 INTRODUCED, READ AND APPROVED AS AMENDED by the Planning Commission of the Town of Snowmass Village on October 7, 2009 upon a motion by Planning Commission Member Donna Aiken, the second of Planning Commission Member Tom Yocum, and a vote of 6 in favor and 0 against. Planning Commission member Don Crouch recused himself from the proceedings. TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Bob Purvis, Chairman ATTEST: Kristi Holliday, Planning Commission Secretary r ATTACHMENT 2 17 Percel G% rs Parcel C Loki Parcel B w wA<,.y r t 44 N.14Aam. 1 / 11 Iw.l./,<R, IF I Parcel ffy 7 A/ 1 1 to el/vaea ((\ '" 11 Par ki It 1' \ - ` • 'i l ' / t nom., I n rcePel/l..li 36 0 4/malrIf, eJlnoe arcel H E 7 Iv 1 1 sexnsR eveA.,.,• t/ II / 'IY° ! f`/y' ,_ ParcelnJSA II 4 II IAI I 1 Pa- rcel'1D,Out senFm 'Pareel 2 Final Land 'Use Plan- East Village Plarined Uni Deelo meat .,f_- - a,Village POO Snowmasp Villugc,Colorado wopvmwa: I«vp aao IlvaaW:«rvsp: umarma.lx»: c, auamxlnaaa>.er. D,meum rag,• 1,' LIlllll(1R\IW InFa1 Wu$i{{f NIRad11p 11.Y,5F 11. M m vlua.cmxa neDnq cw.r ran .cw.w:.,..o '1:.-xs e.cu.r:,run M..aa/nsm 3ln IV'/ifaw 1 x.11o i410wf-0f11 p•. 0 East Village Planned Unit Development Land Use Plan Map Approved as part of the Final Lend Use Plan by Ordinance No.6, Series of 1994,Town of Snowmass Village, Colorado. 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CAST SETBM CK 11NE WwoE PuNNEP IMT PENEEOPYEMr, 71M R W OME NEI/. Of 1SCnw S, \ 1105 RBSW Of TIE B1X P.Y.. TOWN R / A SNOMMES W ACE. COUNTY 01 MIMM. T STALE OF COL W. i n i•.'' FM. NAfiINNwT ASSOCAM TOWN COUNCIL COMMUNIQUE Meeting Date: December 21, 2009 Agenda Item: First Reading Ordinance 23, Series of 2009 — AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH COMCAST OF COLORADO/FLORIDA INC. Presented By: John Dresser, Town Attorney Core Issues: 1) Renewal of the Cable TV Franchise with Comcast. 2) Access Capital Terms require repayment by subscribers and may only be used for capital costs General Info: The current Cable TV Franchise Agreement expires December 31, 2009. The term for the renewal is 7 years. Council Options: 1. Approve the.first reading of the Ordinance as proposed; 2. Amend the Ordinance at first reading and approve the amended Ordinance; or 3. Deny the Ordinance at first reading. Staff Recommendation: Approve the Ordinance as proposed. I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 23 5 SERIES OF 2009 6 7 8 AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH 9 COMCAST OF COLORADO/FLORIDA INC. 10 11 12 WHEREAS, the Town Council is authorized to grant franchises pursuant 13 to the provisions of Article XII of the Town of Snowmass Village Home Rule 14 Charter; and 15 16 WHEREAS, pursuant to Ordinance No. 2, Series of 1995, the Town 17 Council granted a franchise to TCI of Northern New Jersey, Inc. to build, 18 construct, operate and maintain a cable television system within the Town; and 19 20 WHEREAS, performance under the existing franchise has occurred in 21 accordance with the terms and conditions of the franchise as approved by 22 Ordinance No. 2, Series of 1995; and 23 24 WHEREAS, Town staff has negotiated a proposed renewal of the 25 franchise with Comcast of Colorado/Florida, Inc., the successor to TCI of 26 Northern New Jersey, Inc.; and 27 28 WHEREAS, the Town Council finds that the preservation of the health, 29 safety and welfare of the citizens and guests of Snowmass Village requires 30 continuation of cable television service; and 31 32 WHEREAS, the Town Council finds that the proposed Franchise 33 Agreement with Comcast of Colorado/Florida, Inc. promotes the health, safety 34 and welfare of the citizens and guests of the Town of Snowmass Village. 35 36 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 37 Snowmass Village as follows: 38 39 1. Grant of Franchise. A franchise is hereby granted to Comcast of 40 Colorado/Florida, Inc., commencing January 1, 2010 and terminating on 41 December 31, 2017, in the format and according to the terms and conditions as 42 are set forth in the Cable Franchise Agreement attached hereto as Exhibit "A" 43 and incorporated herein by this reference. 44 45 2. Direction to Town Manager. The Town Manager is hereby directed 46 to execute the Franchise Agreement on behalf of the Town and to take such 1 47 actions as are necessary and proper to carry out the intentions of the Franchise 48 Agreement and to administer those functions contained in the Franchise 49 Agreement. 50 51 3. Severability. If any provision of this Ordinance or application hereof 52 to any person or circumstance is held invalid, the invalidity shall not affect any 53 other provision or application of this Ordinance which can be given effect without 54 the invalid provision or application, and, to this end, the provisions of this 55 Ordinance are severable. 56 57 INTRODUCED, READ AND ADOPTED by the Town Council of the Town 58 of Snowmass Village, Colorado, on December 21, 2009 on first reading, upon a 59 motion made by Council Member the second of Council Member 60 and by a vote of in favor and _opposed. 61 62 INTRODUCED, READ AND ADOPTED by the Town Council of the Town 63 of Snowmass Village, Colorado, on January 4, 2010 on second reading, upon a 64 motion made by Council Member the second of 65 Council Member and by a vote of _ in favor and _ 66 opposed. 67 68 69 70 TOWN OF SNOWMASS VILLAGE 71 72 73 74 By: 75 Bill Boineau, Mayor 76 77 78 ATTEST: 79 80 81 82 Rhonda B. Coxon, Town Clerk 83 84 85 APPROVED AS TO FORM: 86 87 88 89 John C. Dresser, Jr., Town Attorney 2 TOWN OF SNOWMASS VILLAGE, COLORADO CABLE FRANCHISE AGREEMENT December 21, 2009 CABLE FRANCHISE AGREEMENT This Cable Franchise Agreement ("Agreement" or"Franchise") is entered into in the Town of Snowmass Village, Colorado, this _ day of 2009, by and between the Town of Snowmass Village hereinafter (the "Town" or"Grantor") and Comcast of Colorado/Florida, Inc., who is hereinafter known as "Grantee". The Town and Grantee are sometimes referred to hereinafter collectively as the"parties." SECTION 1. RECITALS 1.1 The Town is authorized to exercise all of the powers as provided by law. 1.2 Pursuant to Federal law, the Town has the authority to grant franchises to companies to build and operate cable systems in the Town. 1.3 The Town has reviewed Grantee's performance under the prior Agreement and the quality of service during the prior Agreement term, has identified the future cable-related needs _ and interests of the Town and its citizens, has considered the financial, technical and legal qualifications of Grantee, and has determined that Grantee's plans for operating and maintaining its System are adequate, in a full public proceeding affording due process to all parties. 1.4 The Town has a legitimate and necessary regulatory role in-ensuring the availability of cable service, technical capability and reliability of systems in its jurisdiction, the availability of local programming(including Public, Educational and Governmental Access programming) and quality Customer service. 1.5 The Town is authorized by applicable law to grant one or more nonexclusive Agreements to construct, operate and maintain cable systems within the boundaries of the Town. NOW, THEREFORE, in consideration of the mutual promises made herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Town and Grantee do hereby agree as follows: SECTION 2. DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. Access" means the availability for Noncommercial use by various public, educational and governmental agencies, institutions and organizations in the community, including the Town and its designees, of Channels on the System designated for such use as permitted under applicable law: 1 A) "Public Access"means Access where local institutions or residents are the primary users having editorial control over programming and services. B) "Educational Access"means Access where Schools are the primary users having editorial control over programming and services. C) "Governmental Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. D) "Public, Educational and Governmental Access" or"PEG Access"means the availability for Noncommercial use of capacity on a Channel or Channels on the Cable System by various governmental and educational agencies and institutions and public organizations, groups and individuals, including the Town and its designees. Access Channel" means any Channel, or portion thereof, designated for Noncommercial Access purposes or otherwise made available to facilitate or transmit Access programming. Affiliate" when used in connection with Grantee means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. Agreement" means the document in which this definition appears, that is executed between the Town and Grantee, containing the specific provisions of the authorization-granted and the contractual and regulatory agreement created hereby. Bad Debt"means amounts lawfully owed by a Subscriber and accrued as revenues on the books of Grantee, but not collected after reasonable efforts by Grantee. Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of local television broadcast signals and Access programming. Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and as amended by the Telecommunications Act of 1996, and any amendments thereto. Cable Operator"means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly or through one or more Affiliates own a significant interest in such Cable System or who otherwise control or are responsible for, through any arrangement, the management and operation of such a Cable System. Cable Service" means the one-way transmission to Subscribers of Video Programming, or other programming service and Subscriber interaction, if any, that is required for the selection or use of such Video Programming or other programming service. Cable System" or"System"means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service that includes Video Programming and that is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit 2 the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public Right-of-Way; (3) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title 11 of the Communications Act(47 U.S.C. Section 201 et seq.), except that such facility shall be considered a cable system (other than for purposes of Section 621(c) (47 U.S.C. Section 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with federal laws and regulations; or(5) any facilities of any electric utility used solely for operating its electric utility systems. When used herein, the term "Cable System" or"System" shall mean Grantee's Cable System in the Franchise Area unless the context indicates otherwise. Channel" means a cable channel as defined in 47 U.S.C. Section 522 (4). Designated Access Provider" means the entity or entities designated by the Town to manage or co-manage PEG Access Channel(s) and facilities. The Town may be a Designated Access Provider. Expanded Basic Service"means the level of cable programming services received by most Subscribers above Basic Service and does not include premium or pay-per-view services. FCC" means the Federal Communications Commission or its lawful successor. Franchise Area" means the incorporated area within the jurisdictional boundaries of the Town. Gross Revenues" means any and all revenue derived directly or indirectly by Grantee, or by Grantee's Affiliates as determined in accordance with GAAP (generally accepted accounting principles) from the operation of the Grantee's Cable System to provide Cable Services in the Franchise Area. Gross Revenues include, by way of illustration and not limitation, monthly and other fees charged Subscribers for Cable Services including Basic Service, Expanded Basic Service, any Tiers of Cable Service, Premium Service, digital service, HDTV service, pay-per- view, Cable Service installation, disconnection, reconnection and change-in-service fees, Leased Access Channel fees, all Cable Service lease payments from the Cable System, late fees and administrative fees, payments received by the Grantee from programmers for carnage of Cable Services on the Cable System, revenues from rentals of converters or other Cable System equipment, advertising revenues (including local, regional and national advertising carried on the Cable System in the Franchise Area and net of commissions paid to an advertising agency), revenues from program guides, additional outlet fees, franchise fees, revenue from interactive or other services to the extent they are considered Cable Services under federal or State law, and revenues from home shopping. Gross Revenues shall include revenue received by any entity other than the Grantee where necessary to prevent evasion or avoidance of the obligation under this Agreement to pay the franchise fees. Gross Revenues shall not include (i) Bad Debt, provided, however, that all or part of any such Bad Debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; or(ii) any taxes on services furnished by the Grantee that are imposed directly on any Subscriber or user by the State, Town or other governmental unit and that are collected by the Grantee on behalf of said governmental unit; or(iii) the Initial Capital Contribution and monthly Capital Contributions as 3 required by subsection 10.5 of this Agreement. The franchise fees are not a tax, and are therefore included in Gross Revenues. Headend" or"Hub"means any facility for signal reception and dissemination on the System,. including cables, antennas, wires, satellite dishes, monitors, switchers,modulators, processors and other related equipment and facilities. Noncommercial" means those products and services that are not promoted or sold. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving financial support to produce and transmit Video Programming on an Access Channel or from acknowledging a contribution, subject to applicable law. Person" means any natural person, sole proprietorship, partnership,joint venture, association, limited liability entity or corporation, or any other form of entity or organization. Premium Service" means Video Programming or other programming service choices (such as movie Channels) offered to Subscribers on a per-Channel basis. Right-of-Way" or "Rights-of-Way"means land acquired or dedicated to the public or hereafter acquired or dedicated to the public and maintained under public authority or by others including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements, dedicated utility strips and similar public property or other property dedicated for compatible uses now or hereafter held by the Town within the Franchise Area which shall entitle the Grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the Cable System. School"means any State-accredited K-12 public educational institution excluding home schools. State" means the State of Colorado. Subscriber" or"Customer" means any Person who lawfully receives Cable Services provided by Grantee by means of the System with Grantee's express permission. A) "Commercial Subscriber" means any Subscriber other than a Residential Subscriber. B) "Residential Subscriber"means any Person who receives Cable Service delivered to single units (as opposed to those on a bulk billing basis). Tier" means a category of Cable Services provided by the Grantee for which a separate periodic rate is charged. Video Programming" means programming provided by,or generally considered comparable to programming provided by, a television broadcast station or cable programmer. SECTION 3. GRANT OF AGREEMENT 4 3.1 Grant A) The Town hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way within the Franchise Area to construct, operate, maintain, reconstruct, repair and upgrade a System for the purpose of providing Cable Services, subject to the terms and conditions set forth in this Agreement and applicable law. This Agreement shall constitute a right to provide the Cable Services required by and to fulfill the obligations set forth in this Agreement. B) The Grantee, through this Agreement, is granted the right to operate its System using the Town's Rights-of-Way within the Franchise Area in compliance with all construction codes and regulations. The Grantee specifically agrees to comply with the provisions of generally applicable Town ordinances; provided that in the event of a conflict between the provisions of ordinances and this Agreement, the express provisions of this Agreement shall govern. Subject to federal and State preemption, the express provisions of this Agreement constitute a valid and enforceable contract between the parties. C) This Agreement shall not be interpreted to prevent the Town from imposing other conditions, to the extent permitted by law, including additional compensation conditions for use of the Rights-of-Way, should Grantee provide service-other than Cable Service. D) Grantee promises and guarantees, as a condition of exercising the privileges granted by this Agreement, that any Affiliate offering Cable Service in the Franchise Area, or directly involved in the management or operation of the System in the Franchise Area, will comply with the terms and conditions of this Agreement. E) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not include or be a substitute for: 1) Any other authorization required for the privilege of transacting and carrying on a business within the Town that may be required by laws of the Town. 2) Any agreement or authorization required by the Town for Rights-of-Way users in connection with operations on or in Rights-of-Way or public property including, by way of example and not limitation, street cut permits; or 3) Any agreements for occupying any other property of the Town or private entities to which access is not specifically granted by this Agreement including, without limitation, agreements for placing devices on poles, in conduits or in or on other structures. F) This Agreement is intended to convey limited rights and interests only as to those Rights-of-Ways in which the Town has an actual interest. It is not a warranty of title or interest in any Rights-of-Way; it does not provide the Grantee with any interest in any particular location within the Rights-of-Way; and it does not confer rights other than as expressly provided in the grant hereof. 5 G) This Agreement is an express authorization to provide Cable Services only and does not authorize or prohibit Grantee's provision of non-Cable Services, telecommunications services or information services in the Franchise Area. This Agreement is not a bar to the imposition of any lawful conditions on Grantee with respect to non-Cable Services, telecommunications services or information services. This Agreement does not relieve Grantee of any obligation it may have to obtain from the Town an authorization to provide non-Cable Services, telecommunications services or information services or relieve Grantee of its obligation to comply with any such authorization(s) that may be lawfully required. 3.2 Use of Rights-of-Way A) Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across, through, below and along the Rights-of-Way within the Franchise Area, such wires, cables (both coaxial and fiber optic), conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System for the provision of Cable Services within the Franchise Area. B) Grantee must install System facilities in a manner that minimizes interference with the use of the Rights-of-Way by others including others that may be installing communications facilities. 3.3 Duration The term of this Agreement and all rights,privileges, obligations and restrictions pertaining thereto shall be for seven (7) years, unless lawfully terminated sooner as hereinafter provided. 3.4 Effective Date A) The effective date of this Agreement shall be 2009. B) The grant of this Agreement shall have no effect on the Grantee's duty under the prior agreement or any ordinance in effect prior to the effective date of this Agreement to indemnify or insure the Town against acts and omissions occurring during the period that the prior agreement was in effect, nor shall it have any affect upon liability to pay all franchise fees for any prior years) that were due and owed under a prior agreement. Except as indicated in this Subsection 3.4 (B), Ordinance No. shall be of no further force or effect. 3.5 Competitive Equity A)The Grantee acknowledges and agrees that the Town reserves the right to grant one(1) or more additional franchises or other similar lawful authorization to provide Cable Services within the Franchise Area; provided, the Town agrees that, within ninety(90) days of the Grantee's request, it shall amend this Franchise to include any material terms or conditions that it makes available to a new entrant for a Cable System, or provide relief from existing material terms or conditions, so as to ensure that the regulatory and financial burdens on each Cable Operator are materially equivalent. For the purposes of this Subsection 3.5(A) 6 material terms and conditions" include, but are not limited to: Franchise Fees; insurance; System build-out requirements; security instruments; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive Cable Operator so long as the regulatory and financial burdens on each entity are materially equivalent. Video Programming services delivered via wireless, Direct Broadcast Satellite, SMATV or any entity that does not use the public Rights-of-Way are specifically exempted from the requirements of this Subsection. B)Notwithstanding any provision to the contrary, if the Franchise is not modified as set forth in Subsection 3.5 (A) above, then at any time prior to the commencement of the Grantee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non-wireless facilities based Cable Operator, legally authorized by state or federal law, makes available for purchase by Subscribers or Customers, Cable Services or multiple Channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the Town, then the term of Grantee's Franchise shall, upon ninety(90) days written notice from Grantee, be shortened so that the Franchise shall be deemed to expire on a date thirty six (36) months from the first day of the month following the date of Grantee's notice. Grantee shall immediately thereafter secure franchise renewal rights pursuant to Section 626 of the Cable Act with no further notice to the Town required. The Town and Grantee shall then enter into proceedings consistent with Section 626 regarding the renewal process with respect to this Franchise. The Town and Grantee shall have all rights and obligations provided under said Section 626. C)Notwithstanding any provision to the contrary, should any non-wireless facilities based entity provide Cable Service within the Franchise Area during the term of this Franchise, without a franchise granted by the Town, then Grantee may assert, at Grantee's option, that this Franchise is rendered commercially impracticable and invoke the modifications procedures in Section 625 of the Cable Act. 3.6 Familiarity with Agreement The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreement granted herein, that it has carefully read and fully comprehends the terms and conditions of this Agreement and is willing to and does accept all reasonable risks of the meaning of the provisions, terms and conditions herein. 3.7 Effect of Acceptance By accepting the Agreement, the Grantee: (1) acknowledges and accepts the Town's legal right to issue and enforce the Agreement; (2) accepts and agrees to comply with each and every provision of this Agreement subject to applicable laws; and (3) agrees that the Agreement was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. 7 3.8 Police Powers Grantee's rights hereunder are subject to the lawful police powers of the Town to adopt and enforce laws, ordinances, resolutions and regulations necessary to the safety, health and welfare of the public, and Grantee agrees to comply with all generally applicable laws, ordinances, resolutions and regulations lawfully enacted. SECTION 4. FRANCHISE FEES AND FINANCIAL CONTROLS 4.1 Franchise Fees As compensation for the use of the Town's Rights-of-Way, Grantee shall pay as a franchise fee to the Town, throughout the duration of this Agreement, an amount equal to five percent (5%) of Grantee's Gross Revenues. Accrual of such franchise fees using the Gross Revenue definition provided herein shall commence within sixty(60) days after the effective date of this Agreement. During such sixty(60) day period, Grantee shall continue to accrue and pay franchise fees based upon the Agreement in effect with the Town prior to this Agreement. 4.2 Payments Grantee's franchise fee payments to the Town shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30 and December 31. Each quarterly payment shall be due and payable no later than forty-five(45) days after said dates. 4.3 Acceptance of Payment No acceptance of any payment shall be construed as an accord by the Town that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the Town may have for further or additional sums payable or for the performance of any other obligation of Grantee. 4.4 Franchise Fee Reports Each payment shall be accompanied by a written report to the Town verified by an authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee's Gross Revenues and the computation of the payment amount. Upon written request, Grantee shall, no later than thirty(30 days after the end of each calendar year, furnish to the Town a statement of Gross Revenues and all payments, deductions and computations for the year just ended. 4.5 Audits On an annual basis, upon thirty(30) days prior written notice, the Town shall have the right to conduct an independent audit of Grantee's records reasonably related to the enforcement of this Agreement and to calculate any amounts determined to be payable under this Agreement. Provided Grantee cooperates in making all relevant records available to Town's representative upon reasonable advance written request, the Town will in good faith attempt to complete each 8 audit within six (6) months, and the audit period shall not be any greater than the previous three 3) years. Any undisputed amounts due to the Town as a result of the audit shall be paid within thirty(30) days following written notice to the Grantee by the Town, which notice shall include a copy of the audit findings. If an underpayment is discovered as the result of an audit, Grantee shall pay, in addition to the amount due, interest at the prime rate as listed in the Wall Street Journal on the date the payment was due calculated from the date the underpayment was originally due until the date the Grantee sends the payment. If the audit shows that franchise fees have been underpaid by ten percent (10%) or more in a calendar year, Grantee shall pay the cost of the audit up to a maximum of$ 10,000. 4.6 Financial Records Grantee agrees to meet with a representative of the Town upon request to review Grantee's methodology of record-keeping, financial reporting, the computing of franchise fee obligations, the understanding of which the Town deems necessary for reviewing reports and records that are relevant to the enforcement of this Agreement. 4.7 Interest on Late Payments In the event any payment is not received within forty five(45) days from the end of the calendar quarter, Grantee shall pay, in addition to the payment or sum due, interest on the amount due at the prime rate as listed in the Wall Street Journal calculated from the date the payment was due until the date the Grantor receives the payment. 4.8 Additional Commitments Not Franchise Fees No term or condition in this Agreement shall in any way modify or affect Grantee's obligation to pay franchise fees. Although the total sum of franchise fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional commitments are excluded from franchise fees and are not to be offset or credited against any franchise fee payments due to the Town,nor do they represent an increase in franchise fees to be passed through to Subscribers pursuant to federal law. 4.9 Payment on Termination If this Agreement terminates for any reason, the Grantee shall file with the Town within thirty 30) calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. Within thirty(30) days of the filing of the certified statement with the Town, Grantee shall pay any unpaid amounts as indicated. If the Grantee fails to satisfy its remaining financial obligations as required in this Agreement, the Town may do so by utilizing the funds available in security provided by the Grantee. 9 4.10 Bundling The Town acknowledges that, during the term of this Agreement, Grantee may offer to its Subscribers a bundled or combined package of services consisting of Cable Services and non- Cable Services. The Grantee may not unfairly or unlawfully allocate prices for bundled services for the purpose of evading payment of franchise fees to the Town. If a dispute arises between the parties regarding this matter, the Town and Grantee will meet within ten (10) days of such notice to the other and discuss such matters in good faith in an attempt to reach a reasonable compromise thereof. 4.11 Tax Liability The franchise fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the Town, the State or the United States including, without limitation, sales, use, utility and other taxes, business license fees or other payments. Payment of the franchise fees under this Agreement shall not exempt Grantee from the payment of any other generally applicable license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the Town, State or the United States. SECTION 5. ADMINISTRATION AND REGULATION 5.1 Authority The Town shall be vested with the power and right to administer and enforce the requirements of this Agreement and the regulations and requirements of applicable law in the public interest, including the Cable Act, or to delegate that power and right of administration, or any part thereof, to the extent authorized under federal, State and local law, to any agent in the sole discretion of the Town provided written notice thereof is given to the Grantee. Grantee shall have the right to appeal to the Town Council any adverse determination made by the Town delegate. 5.2 Rates and Charges All of Grantee's rates and charges related to or regarding Cable Services shall be subject to regulation by the Town(if the Town so elects to regulate)to the full extent authorized by applicable federal, State and local laws. 5.3 No Rate Discrimination A) All of Grantee's rates and charges shall be published (in the form of a publicly- available rate card), and shall be non-discriminatory as to all Persons of similar classes, under similar circumstances and conditions. Nothing herein shall be construed to prohibit: 1) the temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; or 10 2) the offering of reasonable discounts to similarly situated Persons. B) The Grantee's late fee and disconnection policies and practices shall be non= discriminatory, and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the Franchise Area without regard to the neighborhood or income level of the Subscribers. 5.4 Filing of Rates and Charges A) Upon written request, Grantee shall provide the Town a complete schedule of applicable rates and charges for Cable Services provided under this Agreement. B) On an annual basis, Grantee shall upon written request provide a complete schedule of current rates and charges to lease a Leased Access Channel. The schedule shall include a description of the price, terms and conditions established by Grantee for Leased Access Channels. 53 Performance Evaluation A) Evaluation sessions may be held by the Town during the term of this Agreement within thirty(30) days of the Town's written request to Grantee, but no more often than annually. B) All evaluation sessions shall be open to the public and announced at least one week in advance in a newspaper of general circulation in the Franchise Area. C) Topics that may be discussed at any evaluation session may include, but are not limited to, Cable Service rates, liquidated damages, free or discounted Cable Services, application of new technologies, System performance, Cable Services provided, programming offered, Customer complaints, privacy, amendments to this Agreement,judicial and FCC rulings, line extension policies, and the Town's or Grantee's rules; provided that nothing in this subsection shall be construed as requiring the renegotiation of this Agreement or any provision hereof. SECTION 6. FINANCIAL AND INSURANCE REQUIREMENTS 6.1 Indemnification A) General Indemnification. Grantee shall indemnify, defend and hold the Town, its elected officials, officers, Councils, commissions, agents and employees, harmless from any action or claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorneys' fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, defamation and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction or any other act done under this Agreement, by or for Grantee, its agents or its employees, or by reason of any neglect or omission of Grantee, its agents or its employees. The Town's fees and expenses shall include the reasonable value of any services rendered by the Town Attorney's 11 office or any other employees of the Town or its agents. Grantee shall consult and cooperate with the Town while conducting its defense of the Town. B) Duty of Defense. The fact that Grantee carries out any activities under this Agreement through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this subsection. C) Duty to Give Notice and Tender Defense. The Town shall give the Grantee timely written notice of any claim or the commencement of any action, suit or other proceeding covered by the indemnity in this Agreement. In the event any such claim arises,the Town or other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Town shall cooperate fully therein; provided, however, no settlement shall be made on behalf of the Town without the Town's written consent. D) Separate Representation. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the Town and the counsel selected by Grantee to represent the Town, another attorney shall be selected. 6.2 Insurance Requirements A) General Requirement. Grantee shall at its own expense purchase and maintain the insurance required herein with companies duly licensed to do business in the State of Colorado, possessing a current A.M. Best, Inc. Rating of"A-" or better. B) Minimum Insurance Limits. Grantee must maintain during the Agreement and for a period of twelve (12) months after expiration, termination or nonrenewal thereof, insurance in effect in accordance with the minimum insurance limits herein set forth by the Town. The Grantee shall provide a certificate of insurance for the following minimum insurance limits: 1) Commercial General Liability: Three million dollars ($3,000,000) aggregate limit per occurrence for bodily injury, personal injury and property damage and three million dollars ($3,000,000) products and completed operations. 2) Automobile Liability: One million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. 3) Employer's Liability: Five hundred thousand dollars ($500,000). 4) Workers Compensation Insurance in accordance with State law requirements. 5) Umbrella or Excess Liability Insurance: Five million dollars 5,000,000). Grantee shall be responsible for judgments, settlements, damages, costs, attorneys' fees and expenses that exceed the limits of Grantee's insurance coverage. 12 C) Endorsements. 1) All policies shall contain, or shall be endorsed so that: a) The Town shall be designated as an additional insured. b) The Grantee's insurance coverage shall be primary insurance with respect to the Town, its elected officials, officers, Councils, commissions, agents and employees. Any insurance or self-insurance maintained by the Town, its elected officials, officers, Councils, commissions, agents and employees shall be in excess of the Grantee's insurance and shall not contribute to it. c) Grantee's insurance shall apply separately to each insured against. whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. 2) The insurance shall not be cancelled or materially altered so as to be out of compliance with the requirements of this subsection without thirty(30) days written notice first being given to the Town. If the insurance is cancelled or materially altered so as to be out of compliance with the requirements of this subsection, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in the amounts required, for the duration of this Agreement and thereafter as applicable. D) Verification of Coverage. The Grantee shall furnish the Town with certificates of insurance naming Town as an additional insured. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received by the Town within thirty(30) days of acceptance of this Agreement by Grantee. The Grantee hereby warrants that its insurance policies satisfy the requirements of this Agreement. 6.3 Self-Insured Retentions If Grantee changes its policy to include a self-insured retention, the Grantee shall give written notice of such change to the Town. The Town's approval will be given if the self-insured retention is consistent with standard industry practices. Any self-insured retention of the policies shall not in any way limit Grantee's liability to the Town. 6.4 Bond A) Grantee shall provide a Performance Bond in the amount of Ten thousand dollars 10,000) to ensure the faithful performance of its responsibilities under this Agreement and applicable law including, by way of example and not limitation, its obligation to relocate and remove its facilities and to restore Town Rights-of-Way and other property. Grantee may be required to obtain additional bonds in accordance with the Town's ordinary practices. The bond shall be in a form reasonably acceptable to the Town's Risk Manager. Grantee shall pay all 13 premiums or costs associated with maintaining the bond, and shall keep the same in full force and effect at all times. B) The bond shall not be cancelled or materially altered so as to be out of compliance with the requirements of this subsection without thirty(30) days written notice first being given to the Town. If the bond is cancelled or materially altered so as to be out of compliance with the requirements of this subsection, Grantee shall provide a replacement bond. Grantee agrees to maintain a continuous uninterrupted bond in the amounts required for the duration of this Agreement or thereafter as specified in this Agreement. SECTION 7. CUSTOMER SERVICE 7.1 Customer Service Standards Customer Service Standards may be adopted separately by ordinance or resolution by the Town. In any event, Grantee shall comply with the customer service standards as outlined by federal law namely 47 CFR Section 76.309) and as those may be amended from time to time. The Town agrees to provide written notice to Grantee if it intends to enact customer service standards more stringent than those contained in 47 CFR Section 76.309. To the extent Grantee makes available a payment center so that Customers may have an opportunity to pick up and return equipment, pay bills and ask questions of representatives of Grantee, if Grantee elects to close such payment center, it shall provide thirty(30) days advance notice of such closure to the Town. 7.2 Subscriber Privacy Grantee shall comply with privacy rights of Subscribers in accordance with applicable federal and State laws. SECTION 8. REPORTS AND RECORDS 8.1 Open Records The Town shall have access to, and the right to inspect, any books and records of Grantee and its Affiliates that are reasonably related to the enforcement of the provisions of this Agreement. Such review shall be at the Grantee's business office during normal business hours and on a non- disruptive basis. Such notice shall specifically reference the Section or subsection of the Agreement that is under review so that the Grantee may organize the necessary books and records for easy access by the Town. Grantee shall not deny the Town access to any of Grantee's records on the basis that Grantee's records are under the control of any Affiliate. The Town may, in writing, request copies of any such records or books, and Grantee shall provide such copies within thirty(30) days of the receipt of such request except for those documents deemed proprietary and confidential. One copy of all reports and records required under this or any other subsection shall be furnished to the Town at the sole expense of Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within thirty(30) days of receipt of such request, that the Town inspect them at Grantee's office. If any books or records of Grantee are not kept 14 in a local office and not made available in copies to the Town upon written request as set forth above, and if the Town determines that an examination of such records is necessary for the enforcement of this Agreement, then all reasonable Town travel expenses incurred in making such examination shall be paid by Grantee. 8.2 Confidentiality A) Notwithstanding anything to the contrary set forth in this Agreement, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. Grantee shall not be required to provide Customer information in violation of Section 631 of the Cable Act or any other applicable federal or State privacy law. For purposes of this subsection, the terms "proprietary or confidential" include, but are not limited to, information relating to the Cable System design, Customer lists, marketing plans or financial information unrelated to the calculation of franchise fees. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Town's representative. B) Grantee shall be responsible for clearly and conspicuously identifying the books, records and maps which are confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. If the Town receives a demand from any Person for disclosure of any information designated by Grantee as confidential, the Town shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time, but before the proposed release. Unless otherwise ordered by a court or agency of competent jurisdiction, the Town agrees that, to the extent permitted by State or federal law, it shall deny access to any of Grantee's books or records marked confidential or proprietary as set forth above. 8.3 Records Required Grantee shall provide to the Town upon written request: A) A full and complete set of"route"maps, showing the general location of all System equipment installed or in use in the Rights-of-Way, that are generated in Grantee's normal course of business; B) A copy of all FCC filings on behalf of Grantee that relate to the operation of the System in the Franchise Area; and C) A list of Grantee's Cable Services, rates and Channel line-up. 8.4 Copies of Federal and State Reports Upon reasonable written request, Grantee shall submit to the Town copies of any pleading, applications, notifications, communications and documents of any kind submitted by Grantee or its Affiliates to any federal, State or local courts, regulatory agencies and other government bodies if such documents directly relate to the operation of Grantee's System within the 15 Franchise Area. Grantee shall submit such documents to the Town no later than thirty(30) days after receipt of the Town's request. 8.5 Complaint File and Reports A) Grantee shall keep an accurate and comprehensive compilation of any and all Customer complaints escalated to the Town and provided to Grantee, and Grantee's actions in response to those complaints, in a manner consistent with the privacy rights of Subscribers. Upon written request of at least thirty(30) days written notice, this file shall be made available to the Town during normal business hours. B) Also, upon written request, but no more often than once annually, Grantee shall provide an executive summary report to the Town within thirty(30) days of the Town's written request that shall include the following information: 1) Nature and type of Customer complaints escalated to the Town and provided to Grantee; 2) A summary of unplanned service interruptions or Cable System outages lasting longer than four hours; 3) Phone activity report of complaints escalated to the Town and provided to Grantee; 4) Video Programming changes (additions/deletions); 5) Such other information as reasonably requested by the Town and related to the enforcement of this Franchise. 8.6 False Statements Any intentional false or misleading statement or representation in any report required by this Agreement shall be a material breach of this Agreement and may subject Grantee to all remedies, legal or equitable, that are available to the Town under this Agreement or otherwise. SECTION 9. PROGRAMMING 9.1 Broad Programming Categories Grantee shall provide at least the following broad categories of programming to the extent such categories are reasonably available: A) Educational programming; B) News, weather and information; C) Sports; 16 D) General entertainment including movies; E) Children, family oriented; F) Arts, culture and performing arts; G) Foreign Language programming; H) Science/documentary; and I) PEG Access programming. 9.2 Deletion of Broad Programming Categories Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the Town. 9.3 Obscenity Grantee shall comply with applicable laws related to obscenity. 9.4 Parental Control Device Upon request by any Subscriber, Grantee shall make available a parental control or lockout device, traps or filters to enable a Subscriber to prohibit viewing of a particular Cable Service during periods selected by the Subscriber. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and upon request thereafter. 9.5 Complimentary Cable Service A) The Grantee shall provide without charge within seven(7) days of a written request, a Standard Installation and one outlet of Basic Service and Expanded Basic Service(and any necessary converter) to Town buildings now existing or hereafter constructed within the Franchise Area, provided that the buildings are either owned or leased and occupied by the Town, fire station(s), police station(s), libraries or School(s), or the Town's Designated Access Provider and provided further that they are already served by the Grantee's Cable System or are within one hundred twenty five (125) aerial feet or sixty(60) underground feet (a"Standard Installation") of its Cable System. A Standard Installation does not include exceptional circumstances such as those involving railroad crossings or going under rivers: B) The Cable Service provided shall only be used for lawful purposes, shall not be used for commercial purposes or to entertain public or private groups and shall not be located in public areas (except for those outside of the Town Council's Meeting Room and displaying content related to the Town Council meetings). Complimentary cable services shall not be used in areas where the Town would normally enter into a commercial contract, by way of example and not limited to: recreation center work out facilities and community housing. The Town shall 17 take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that results in the inappropriate use thereof. Grantee shall have the right to discontinue complimentary cable service hookups that do not comply with this Franchise provided that 30 days written notice is first given by Grantee to the Town and if there is continued noncompliance with Subsection 9.5(B), then Grantee may discontinue complimentary cable service hookups that do not comply with this Franchise. C) Unless it currently exists, the Grantee shall not be required to provide a free outlet to the above buildings where a non-Standard Installation is required, unless the Town or building owner/occupant agrees to pay the incremental cost of any necessary Cable System extension and non-Standard Installation. D) If additional outlets of complimentary Cable Service are provided to buildings beyond those required herein, the building owner/occupant shall pay the usual installation fees and recurring charges associated therewith. It is agreed, however, that for those existing complimentary accounts as of the date hereof there shall not be any recurring charges except for the converter boxes used for Premium Services or any similar additional services associated therewith. E) The monetary value of complimentary Standard Installations, converters and Cable Service provided by the Grantee pursuant to this subsection shall not be offset against any franchise fees payable to the Town. 9.6 Leased Access Channels Grantee shall offer Leased Access Channel capacity on such terms and conditions and rates as may be negotiated with each lessee subject to the requirements of Section 612 of the Cable Act and the rules and regulations of the FCC. 9.7 Continuity of Service It shall be the right of all Subscribers to continue to receive Cable Service from Grantee insofar as their financial and other obligations to Grantee are satisfied. Grantee shall use its best efforts to ensure that all of its Subscribers receive continuous, uninterrupted Cable Service. SECTION 10. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 10.1 Access A) Grantee shall continue to make available and maintain throughout the term of this Franchise, at no additional charge, one(1) Access Channel that shall be shared by the Town, City of Aspen and Pitkin County and which is currently carried on the Cable System. Additionally, Grantee shall continue to make available and maintain throughout the term of this Franchise at no additional charge, two (2)Access Channels that shall be shared by the Town, the City of Aspen and Pitkin County and which are currently carried on the Cable System. 18 B) In the event Grantee makes any change in signal delivery technology which directly affects the signal quality or transmission of any Access Channel programming or services, the Grantee shall, at its own expense, take necessary technical steps, acquire new equipment and, in addition, provide the necessary assistance so that the Access facilities and equipment may be used as intended by the Access providers, including, among other things, so that live and taped programming can be cablecast with as good or better signal quality than existed prior to such change. C) Notwithstanding anything in this Franchise to the contrary and irrespective of whether there is effective competition from DBS (satellite) or Cable Operators who operate a Cable System or telephony providers who also deliver Video Programming services, the Public, Educational and Governmental Access Channels shall be carried on the Basic Tier and there shall not be any initial or recurring charges in connection with them or converter boxes or equipment necessary to view them, unless applicable law otherwise allows. 10.2 Triggers for an Additional Access Channel The Town may require Grantee to make available no more than one (1) additional activated downstream Access Channel when all (excluding the Channel that carries airport programming) of the existing Access Channels required by Subsection 10.1 are used for locally scheduled programming(but excluding character generated and filler programming, e.g., video bulletin board, NASA, AM/FM Radio Programming), during fifty percent(50%) of the hours between 10:00 A.M. and 10:00 P.M., Monday through Friday during any consecutive ten(10)week period. It is understood and agreed that as between Aspen, Pitkin County and the Town of Snowmass Village, there may be only 1 additional activated downstream Access Channel during this current Franchise term. Upon a showing that this threshold has been met, after a Public Hearing and opportunity for citizen input, Grantee shall make available, within four(4) months of the Town's written request, one (1) additional Access Channel for Access programming purposes. Locally scheduled programming under this Subsection means only non-commercial, not for profit, non-competitive, government, educational or public access programming that is created or produced within Aspen, the Town of Snowmass Village or Pitkin County. Such programming shall not be considered as counting toward the calculation in this Subsection 10.2 after three(3) cablecasts (initial, first repeat and second repeat). The Town acknowledges that some other programming services may need to be moved or deleted to accommodate such additional Access Channel. 10.3 Management and Control of Access Channels The Town may authorize Designated Access Providers to control, operate and manage the use of any and all Access facilities including, without limitation; the programming of Access Channels. The Town or its designee may formulate rules for the operation of the Access Channels, consistent with this Agreement. Nothing herein shall prohibit the Town from authorizing itself to be a Designated Access Provider or from assigning several Designated Access Providers with similar types of programming to share Access Channel space. 19 10.4 Access Channel Numbers Grantee will use commercially reasonable efforts to minimize the movement of Access Channel numbers. Grantee shall provide to the Town a minimum of sixty(60) days notice prior to any relocation of an Access Channel, unless the change is required by federal law or for a demonstrable technical reason, in which case Grantee shall give the Town at least thirty(30) days written notice. In addition, Grantee shall provide the Town with ninety (90) thirty second promotional spots on the System during a thirty (30)day period prior to the date of the change in the location of an Access Channel. The Town or its designee shall have sole responsibility to produce and deliver the spots to Grantee on a timely basis and in a cablecast-ready state. Such spots shall promote the Access Channel and the Channel relocation only for the purpose of notifying Subscribers of the change in Channel designation, and shall not include any mention of any third party or other sponsors. Placement of the spots shall be based on available inventory. All spots are subject to Grantee's approval, such approval not to be unreasonably withheld or delayed. If Designated Access Providers can demonstrate significant economic impact due to rebranding, Grantee and Town shall meet and attempt in good faith to address Grantee paying for some of the rebranding costs. 10.5 Access Capital Costs A) Within thirty(30) days of receiving written notice and after the Effective Date of this Agreement, Grantee shall provide a one-time contribution of$6,198 to the Town (the Initial Capital Contribution") which the Town and/or its Designated Access Providers (at Town's discretion) may use only for capital purposes (studios, facilities, equipment, equipment used for video streaming government meetings, etc.) for PEG Access. Alternatively, the Town may elect to defer receiving the Initial Capital Contribution. If it does make this election to defer, the Town shall notify Grantee in writing within thirty(30) days of the Effective Date. If the Town elects to receive the Initial Capital Contribution at a later date the Town shall have a public hearing. If the Town elects to receive the Initial Capital Contribution at a later date as provided herein, it shall notify Grantee in writing and Grantee shall thereafter have sixty(60) days to pay the Initial Capital Contribution to the Town. The Town understands that, pursuant to federal law, Grantee intends to collect the Initial Capital Contributions from Residential Subscribers as a separate line item on Subscribers' bills in addition to the price for Cable Service. B) When the Initial Capital Contribution specified in subsection (A) is fully recovered by Grantee, the Grantee shall provide to the Town up to $0.50 per month per Residential Subscriber for Access capital (payable quarterly as the "Quarterly Capital Contribution"), Grantee shall not be responsible for paying the Quarterly Capital Contribution with respect to gratis or Bad Debt accounts. C) Each Quarterly Capital Contribution payment shall be due and payable no later than forty-five (45) days following the end of the quarter from when the Quarterly Capital Contribution takes effect. The Town shall have discretion to allocate the Initial Capital Contribution and Quarterly Capital Contribution in accordance with applicable law, provided that the Town submits a summary of capital expenditures from the Initial Capital Contribution and Quarterly Capital Contribution to Grantee within sixty(60) days of the end of each calendar 20 year. The Town may adjust the amount of the Quarterly Capital Contribution (not to exceed $.50 per Residential Subscriber per month) on an annual basis, or choose to waive collection of the Quarterly Capital Contribution, provided that Grantee is given ninety (90) days advance written notice. D) The Town and Grantee agree that recovery of the Initial Capital Contribution and subsequent Quarterly Capital Contributions shall be referred to on Subscribers' bills as a"PEG Fee", or language substantially similar thereto. E) To the extent the Town has made or makes Access capital investments using Town funds prior to receiving necessary Initial Capital Contribution and Quarterly Capital Contribution funds, the Town is entitled to apply the Initial Capital Contribution and Quarterly Capital Contribution payments from Grantee toward such Town capital investments. It is further agreed that the Initial Capital Contribution and Quarterly Capital Contributions must be applied toward or used for Access Programming equipment and facilities in the Town, Pitkin County or the City of Aspen. F) The Initial Capital Contribution and Quarterly Capital Contribution payments are not an advance against any franchise fee payment, and there shall not be any offset or credit against any franchise fee payment. G) Grantee agrees that at the end of the initial seven (7) year term and if the Agreement is extended for an additional seven (7) years, Grantee shall provide an additional capital contribution matching the Initial Capital Contribution and will continue collecting and remitting the Quarterly Capital Contribution to the Town so long as the Town elects to receive same. Grantee shall recoup the additional initial capital contribution and Quarterly Capital Contributions under the same recovery terns and conditions as the Initial Capital Contribution and Quarterly Capital Contributions as set forth above. 10.6 Technical Quality The Grantee shall maintain all Access Channels consistent with the quality of Grantee's other Channels on the same tier of service. The Grantee shall provide routine maintenance and repair and replace, if necessary, any of Grantee's equipment required to carry a quality signal from the Access facilities to Subscribers. Should the Town or its Designated Access Provider elect to upgrade any of the equipment at its facilities, the Town or its Designated Access Provider shall be responsible for upgrading the equipment at its costs. 10.7 Return Lines Grantee shall, at its expense, maintain the existing operating return lines sufficient to enable character generated, prerecorded and live cablecasts from Town of Snowmass Village located at 130 Kearns Road, Snowmass Village, CO 81615; Pitkin County Airport located at 233 East Airport Road, Suite A, Aspen, CO 81612; Colorado Mountain College; RAFTA and the GrassRoots TV Studio located at 110 E. Hallam Street in Aspen; to the Headend to enable the distribution of Access programming to Subscribers. Grantee shall not be required to maintain return lines to the GrassRoots TV studio if the Town ceases to use GrassRoots as a Designated 21 Access Provider. Upon written request of the Town, Grantee shall construct and maintain additional fiber optic return lines, at Town's expense, from other locations within the Franchise ' Area which deliver Access programming to Subscribers. SECTION 11. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION 11.1 Construction A) Subject to applicable laws and this Agreement, Grantee shall perform all maintenance, construction, repair and upgrades necessary for the operation of its System in the Rights-of-Way. All work regarding Grantee's System shall, regardless of who performs the work, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities and for excavating and laying any facilities within the Rights-of-Way. Grantee shall pay all applicable fees upon issuance of the requisite permits by the Town to Grantee. B) As a condition of any permit so issued, the Town may impose such conditions and regulations as are necessary for the purpose of protecting any structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, protection of the public and the continuity of pedestrian or vehicular traffic. C) In the event that emergency repairs are necessary, Grantee shall immediately notify the Town of the need for such repairs. Grantee may initiate such emergency repairs and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency, or as soon as reasonably practical. 11.2 One Call Notification Prior to doing any work in the Rights-of-Way, Grantee shall follow established procedures, including contacting the Utility Notification Center of Colorado and comply with all applicable State statutes. Grantee shall also comply with generally applicable ordinances and permitting requirements before digging in the Rights-of-Way. 11.3 Restoration of Rights-of-Way A) Whenever Grantee disturbs the surface of any Rights-of-Way for any purpose, Grantee shall promptly restore the Rights-of-Way to a condition reasonably comparable to the condition of the Rights-of-Way immediately prior to such disturbance, normal wear and tear excepted. When any opening is made by Grantee in a hard surface pavement in any Rights-of- Way, Grantee shall promptly refill the opening and restore the surface as required by its permit. B) If the Grantee fails to promptly restore the Rights-of-Way, the Town may, after providing reasonable notice to Grantee, refill or repave any opening made by Grantee in the Rights-of-Way, and the reasonable expense thereof shall be paid by Grantee. The Town may, after providing reasonable notice to Grantee, repair any work done by Grantee that, in the determination of the Town, does not conform to applicable Town specifications. The reasonable cost thereof, including the costs of inspection and supervision, shall be paid by Grantee. All 22 excavations made by Grantee in Rights-of-Way shall be properly safeguarded for the prevention of accidents. All of Grantee's work under this Agreement shall be done in compliance with all rules, regulations and generally applicable ordinances of the Town. 11.4 Maintenance A) Grantee's System shall be constructed and maintained in such a manner as not to interfere with sewers, water pipes or any other property of the Town, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in Rights-of-Way by,or under,the Town's authority. B) Grantee shall provide and use any equipment necessary to control and carry Grantee's signals so as to prevent damage to the Town's property or property belonging to any Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities and equipment to keep them in good repair and a safe and presentable condition. C) The Grantee's transmission and distribution System, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to unnecessarily hinder or obstruct the free use of Rights-of-Way or other public property. D) Grantee shall give reasonable notice to private property owners of construction work in adjacent Rights-of-Way. 11.5 Reservation of Rights-of-Way Nothing in this Agreement shall prevent the Town or public utilities from constructing any public work or improvement. All such work shall be done insofar as practicable so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. A) Movement of System For and By the Town. The Town shall have the right to require Grantee to relocate, remove, replace,modify or disconnect Grantee's facilities and equipment located in the Rights-of-Way or on other property of the Town in the event of an emergency or when necessary to protect or further the health, safety or welfare of the general public, and such work shall be performed at Grantee's expense consistent with applicable law. In conjunction with the foregoing, Grantee shall be treated in a similar manner with respect to other providers with overhead utilities. Except during an emergency, the Town shall provide reasonable notice to Grantee, not to be less than ten (10)business days, and allow Grantee the opportunity to perform such work. If the Grantee fails to complete this work within the time prescribed and to the Town's reasonable satisfaction, the Town may cause such work to be done and bill the cost of the work to the Grantee. Grantee shall remit payment to the Town within thirty(30) days of receipt of an itemized list of those costs. 23 If the Town requires Grantee to relocate its facilities located within the Rights-of- Way, the Town shall make a reasonable effort to provide Grantee with an alternate location in the Rights-of-Way. B) Movement for Other Permittees. At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to allow the moving of a building, vehicle, equipment or other item. The cost of such temporary change must be paid by the permit holder, and Grantee may require the estimated payment in advance. 11.6 Rights-of-Way Vacation If any Rights-of-Way or portion thereof used by Grantee is vacated by the Town during the term of this Agreement, unless the Town specifically reserves to Grantee the right to continue the use of vacated Rights-of-Way, Grantee shall, without delay or expense to the Town, remove its facilities from such Rights-of-Way and restore,repair or reconstruct the Rights-of-Way where such removal has occurred. In the event of failure, neglect or refusal of Grantee to restore, repair or reconstruct such Rights-of-Way after thirty(30) days written notice from the Town, the Town may do such work or cause it to be done, and the reasonable cost thereof shall be paid by Grantee within thirty(30) days of receipt of an invoice and documentation. 11.7 Undergrounding of Cable ' A) Where electric and telephone utility wiring or other underground wiring is installed at the time of System construction or when such overhead wiring is subsequently placed underground, all System lines, wiring and equipment shall also be placed underground by Grantee concurrently or within a reasonable time thereafter at no expense to the Town, subject to applicable law including, but not limited to CRS 29-8-101 et seq. In areas where either electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. If funds exist, are set aside for such purpose, or provided by a third party, Grantee shall be entitled to seek reimbursement for its share of funds to offset the cost of placing its facilities underground. Nothing contained in this subsection shall require Grantee to construct, operate and maintain underground any ground-mounted appurtenances including,but not limited to, pedestals. B) The Grantee shall utilize existing conduit wherever possible, C) The Town shall not be required to obtain easements for the Grantee. D) The Grantee shall participate with other providers in joint trench projects to relocate its overhead facilities underground and remove its overhead facilities in areas where utilities are being converted to underground facilities. 24 11.8 Construction and Use of Poles Grantee shall use existing poles when the installation of facilities above-ground is permitted. In the event Grantee cannot obtain the necessary poles pursuant to a pole attachment agreement, and only in such event, then, subject to the Town's prior written consent, it shall be lawful for Grantee to make all needed excavations in the streets for the purpose of placing, erecting, maintaining, repairing and removing poles needed for the maintenance or extension of Grantee's System. The Town shall have the right to require Grantee to change the location of any pole within Rights-of-Way when, in the opinion of the Town, the public health, safety or welfare requires such change, and the expense thereof shall be paid by Grantee. 11.9 Tower Specifications Antenna supporting structures ("towers") shall be designed for proper loading as those industry specifications may be amended from time to time. Antenna supporting structures shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, State or local codes or regulations. 11.10 Tree Trimming Upon obtaining a written permit from the Town, Grantee may prune or cause to be pruned any tree or other natural growth in the Rights-of-Way that interferes with the System. 11.11 Standards A) All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. The Grantee must comply with all federal, State and local safety requirements, rules, regulations, laws and practices, and deploy all necessary devices as required by applicable law during construction, operation and repair of its System. By way of illustration and not limitation, Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. B) Grantee shall ensure that all cable drops are properly bonded and grounded at the home, consistent with applicable code requirements. All non-conforming or non-performing cable drops shall be replaced by Grantee as necessary. C) All installations of equipment, lines and facilities shall be durable and installed in accordance with good engineering practices and of sufficient height to comply with all federal, State and local regulations, ordinances and laws. D) Any opening or obstruction in the Rights-of-Way or other public places made by the Grantee in the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible at night. 25 E) Grantee and the Town agree that nothing in this Agreement shall give Grantee the right to construct new poles without prior Town approval. Furthermore, nothing contained in this Agreement gives Grantee a right of pole attachment to Town facilities or facilities owned by third parties. 11.12 Stop Work On notice from the Town that any work is being conducted contrary to the provisions of this Agreement, or in an unsafe or dangerous manner as determined by the Town, or in violation of the terms of any applicable permit, laws,regulations,ordinances or standards, the work may immediately be stopped by the Town. The stop work order shall: A) Be in writing; B) Be sent to Grantee by mail at the address given herein; C) Indicate the nature of the alleged violation or unsafe condition; and D) Establish conditions under which work may be resumed. 11.13 Work of Contractors and Subcontractors Grantee's contractors and subcontractors shall be licensed and bonded in accordance with local ordinances, regulations and requirements. Work by contractors and subcontractors shall be subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf, and shall ensure that all such work is performed in compliance with this Agreement and other applicable law, and shall be jointly and severally liable for all damages caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. 11.14 Joint Trenching/Boring To the extent it is technically and economically feasible, Grantee shall joint trench or share bores or cuts and work with other providers (such as, but not limited to, telecommunications, gas and electric companies), licensees, permittees and franchisees so as to reduce the number of Right- of-Way cuts within the Town. 11.15 GIS Mapping and As-Built Maps Upon thirty(30) days written request of the Town, Grantee shall within a reasonable timeframe comply with any generally applicable ordinances, rules and regulations of the Town regarding geographic information systems mapping for users of the Rights-of-Way. 26 11.16 Notice to Property Owners Except for emergency situations, Grantee shall provide at least two (2) days prior written notice to property owners before commencing work on public or private property. Grantee may provide such notice by door hangers or other reasonable means. SECTION 12. SYSTEM DESIGN A) The Cable System has been previously upgraded and is capable of 750 MHz and is capable of delivering high quality signals that meet FCC technical quality standards regardless of a particular manner in which the signal is transmitted. Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of, these specifications throughout the Agreement. B) The Cable System shall be two-way capable, provided that the Grantee reserves the right to use the bandwidth in the future for other uses based on market factors. C) Equipment must be installed so that all closed captioned programming received and transmitted by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. D) Grantee acknowledges that the minimum Cable System design and performance requirements set forth in this Agreement are enforceable, to the extent allowed by law. SECTION 13. TECHNICAL STANDARDS 13.1 Technical Performance The technical performance of the Cable System shall meet all applicable technical standards authorized or required by law including, without limitation, FCC technical standards as they may be amended from time to time, regardless of the transmission technology utilized. The Town shall have the full authority permitted by applicable law to enforce compliance with these technical standards. 13.2 Inspection of Facilities The Town may inspect any of Grantee's facilities and equipment located in the Rights-of-Way or on other public property at any reasonable time during business hours upon at least twenty-four 24) hours notice, or, in case of an emergency, upon demand without prior notice. Where inspection is warranted, the Town shall have the right to charge generally applicable inspection fees therefore. If an unsafe condition is found to exist, the Town, in addition to taking any other action permitted under applicable law, may order Grantee to make the necessary repairs and alterations specified therein and correct the unsafe condition within the time specified by the Town. The Town has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so within the time specified and to charge Grantee the cost therefore. In such event, the Town shall not be liable for any damage to any portion of Grantee's Cable System. 27 13.3 Cable System Performance Testing A) Grantee shall, at its expense, perform all tests on its Cable System required by law and maintain written records of its test results. Upon advance request, all required technical performance tests may be witnessed by representatives of the Town. Copies of such test results will be provided to the Town upon written request. B) Grantee shall promptly take such steps and measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Agreement. Sites shall be re-tested following correction until satisfactory results are obtained. 13.4 Additional Tests A) Where there exists a demonstrable ongoing pattern of poor technical performance, then upon thirty(30) days prior written notice, the Town may require Grantee to conduct proof- of-performance tests on test points located within the Franchise Area and provide results of such tests within thirty(30) days after completion thereof. B) Grantee shall cooperate with the Town in performing the testing described-in subsection (A) and shall prepare the results and a report. Such report shall include the following information: 1) the nature of the complaint or problem that precipitated the special tests; 2) the Cable System component tested; 3) the equipment used and procedures employed in testing; 4) the method, if any, in which such complaint or problem was resolved; and 5) any other information pertinent to said tests and analysis that may be reasonably required. SECTION 14. SERVICE EXTENSION 14.1 Service Availability A) Grantee shall provide a standard installation of Cable Service within seven (7) days of a request by any Person within its Franchise Area. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee(if applicable), receipt of a written request by Grantee or receipt by Grantee of a verified verbal request. Grantee shall provide Cable Service: 1) with no line extension charge except as specifically authorized elsewhere in this Agreement; 28 2) at a non-discriminatory installation charge for a Standard Installation, consisting of a one hundred twenty-five (125) foot aerial drop or sixty(60) feet for an underground drop connecting to the exterior demarcation point for Subscribers, with additional charges for non-standard installations computed according to a non-discriminatory methodology; and 3) at non-discriminatory monthly rates for all Residential Subscribers. B) No Customer shall be refused service arbitrarily. However, for unusual circumstances, such as a Customer's request to locate the cable drop underground with a distance of more than sixty(60) feet or the existence of more than one hundred twenty-five (125) aerial feet of distance from the distribution cable to connection of service to Customers, or a density of less than twenty-five (25)residences per 5280 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. Customers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction bome by such potential Customers be paid in advance. C) Grantee shall, subject to the line extension distance criteria set forth above and upon request (but subject to Grantee recouping a reasonable amount of its construction costs) make Cable Service available to all commercial establishments located within the Town at the expense of such commercial establishments. 14.2 Service to Multiple Dwelling Units The Grantee shall provide Cable Service to multiple dwelling units in accordance with an agreement with the property owner, this Agreement and all applicable laws. Additionally, Grantee shall use best efforts to provide Cable Service to Customers in the Franchise Area that are billed on a bulk billing basis. SECTION 15. STANDBY POWER AND EMERGENCY ALERT SYSTEM 15.1 Standby Power Grantee shall provide standby power generating capacity at the System Headend capable of providing at least twenty-four(24) hours of emergency operation. Grantee shall maintain standby power supplies throughout the System rated for at least four(4) hours duration. 15.2 Emergency Alert Capability A) Grantee shall provide an Emergency Alert System ("EAS") in accordance with and as required by applicable laws and regulations. 29 B) Grantee shall ensure that the EAS is functioning properly at all times. It will test the EAS periodically, in accordance with federal and State regulations. Upon request, Grantee will advise the Town of the testing schedule so that the Town may be present for the tests. SECTION 16. BREACHES OF AGREEMENT 16.1 Procedure for Remedying Agreement Violations A) If the Town believes that Grantee has failed to perform any material obligation under this Agreement or has failed to perform in a timely manner, the Town shall first informally discuss the matter with Grantee. If this discussion does not lead to resolution of the problem, the Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty(30)days from the receipt of such notice to: 1) respond to the Town, contesting the Town's assertion that a default has occurred; 2) cure the default; or 3) notify the Town that Grantee cannot cure the default within thirty(30) days because of the nature of the default. In the event the default cannot be cured within thirty 30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the Town in writing and in detail as to the exact steps that will be taken and the projected completion date. Upon ten(10)business days prior written notice, either the Town or Grantee may call a meeting to discuss the alleged default. In such case, if matters are not resolved at such meeting, the Town may set a hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty(30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default, or the Town orders a hearing in accordance with subsection (A)(3), the Town shall set a public hearing to investigate said issues or the existence of the alleged default. The Town shall notify Grantee of the hearing in writing, and such hearing shall take place no less than thirty(30) days after Grantee's receipt of notice of the hearing, which notice shall specify the time, place and purpose of such hearing. At the hearing, Grantee shall be provided an opportunity to be heard, to present and question witnesses and to present evidence in its defense. The determination as to whether a default or a material breach of this Agreement has occurred shall be within the Town's sole discretion,but any such determination shall be subject to appeal to a court of competent jurisdiction. C) If, after the public hearing,the Town determines that a default still exists,the Town shall order Grantee to correct or remedy the default or breach within ten(10) days of Town notification or within such other timeframe as the Town shall determine. The Town's decision shall be provided to the Grantee in writing, setting forth the reasons supporting the 30 Town's actions. In the event Grantee does not cure within such time to the Town's reasonable satisfaction, the Town may: 1) take steps to collect on the Performance Bond; 2) assess and collect monetary damages in accordance with this Agreement; 3) commence revocation procedures consistent with subsection 16.4 herein; or 4) pursue any other legal or equitable remedy available under this Agreement or applicable law. 16.2 Alternative Remedies and Immunity A) Neither the existence of other remedies identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the right of the Town to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement of Grantee's obligations by means of specific performance, injunctive relief or mandate. B) The Town specifically does not, by any provision of this Agreement, waive any right, immunity, limitation or protection otherwise available to the Town, its elected officials, officers, Councils, commissions, agents or employees under federal, State, or local law including, by way of example, Section 635A of the Cable Act. 16.3 Assessment of Liquidated Damages A) Because it may be difficult to calculate the harm to the Town in the event of a breach of this Agreement by Grantee, the parties agree to liquidated damages as a reasonable estimation of the actual damages in certain instances. Nothing in this subsection is intended to preclude the Town from exercising any other right or remedy in accordance with applicable law. B) Prior to assessing any liquidated damages, the Town shall give Grantee written notice and a thirty(30) day right to cure. C) The first day for which liquidated damages maybe assessed, if there has been no cure after the end of the applicable cure period, shall be the day of the violation. D) Liquidated damages shall be as follows: 1) One hundred dollars($100.00)per day for material departure from the FCC technical performance standards; 2) One hundred dollars ($100.00)per day for failure to provide the Access Channels or any equipment related thereto or funding which is required; 3) One hundred dollars($100.00) per day for failure to comply with any other material requirement of this Agreement; 31 Liquidated Damages may not be assessed for more than one hundred twenty(120)days. 16.4 Material Violations A) In addition to pursuing any other legal or equitable remedy available under this Agreement or applicable law, the Town may revoke this Agreement and rescind all rights and privileges associated with this Agreement in any of the following circumstances: 1) If Grantee fails to perform any material obligation under this Agreement; 2) If Grantee willfully fails for more than three(3)days to provide continuous and uninterrupted Cable Service except for Force Majeure; 3) If Grantee attempts to evade any material provision of this Agreement or to practice any fraud or deceit upon the Town or Subscribers; or 4) If Grantee fails to provide the insurance,performance bond or other security required by this Agreement. B) Prior to pursuing legal or equitable remedies and forfeiture or termination of the Agreement, the Town shall give written notice to the Grantee. The notice shall set forth the exact nature of the noncompliance. Grantee shall have thirty(30)days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the Town has not received a timely and satisfactory response from Grantee,it may then seek legal and equitable remedies and a termination of the Agreement in accordance with this subsection. C) The Town shall conduct a public hearing. 1) At least thirty(30) days prior to the public hearing, the Town Clerk shall issue a public hearing notice that shall establish the issue(s)to be addressed in the public hearing; provide the time, date and location of the hearing; provide that the Council shall hear any persons interested therein; and provide that the Grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence,to be represented by counsel and to question witnesses. 2) A verbatim transcript may be made by a court reporter of such proceeding and the cost shall be paid by Grantee and Town on a 50150 basis. 3) Within thirty(30) days after the close of the hearing, the Town Council shall issue a written decision. D) Grantee shall be bound by the Town Council's decision unless an appeal to a court of competent jurisdiction is filed within thirty(30)days of the date of the Town Council's decision. Grantee and the Town shall be entitled to such relief as the court may deem appropriate. 32 16.5 Purchase or Removal A) If this Agreement is lawfully terminated or revoked,the Town may, subject to applicable law: 1) Require Grantee to maintain and operate its Cable System on a month-to- month basis until a new cable operator is selected; or 2) Purchase Grantee's Cable System in accordance with federal law. B) The Town may order the removal of the above-ground Cable System facilities and such underground facilities from the Franchise Area at Grantee's sole expense within a reasonable period of time as determined by the Town. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Rights-of-Way, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment and without affecting electrical or telephone wires or attachments. The indemnification, insurance and bond(s)shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor. C) If Grantee fails to complete any removal required by subsection 16.5 (B)to the Town's satisfaction, after written notice to Grantee, the Town may cause the work to be done and Grantee shall reimburse the Town for the costs and expenses incurred within thirty(30)days after receipt of an itemized list of the costs and expenses,or the Town may recover the costs and expenses through the Grantee's security instruments if Grantee has not paid such amount within the foregoing thirty(30) day time period. Any costs and expenses incurred by the Town regarding such removal shall include reasonable attorneys' fees and costs and expenses for work conducted by the Town staff or its agents. SECTION 17. ABANDONMENT If the Grantee abandons its Cable System during the Agreement,the Town,at its option,may operate the Cable System; designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the Town, or until the Agreement is revoked and a new franchisee is selected by the Town; or obtain an injunction requiring the Grantee to continue operations. If the Town is required to operate or designate another entity to operate the Cable System, the Grantee shall reimburse the Town or its designee for all reasonable costs, expenses and damages incurred. SECTION 18. RENEWAL AND TRANSFER 18.1 Renewal The Town and Grantee agree that any proceedings undertaken by the Town that relate to the renewal of the Agreement*shall be governed by and comply with the provisions of Section 626 of the Cable Act, unless the procedures or substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or State law. 33 18.2 Transfer A) This Agreement and the Cable System shall not be assigned, transferred, sold, or disposed of, in whole or in part,by voluntary sale, sale and leaseback,merger,consolidation, exchange of stock, by provision of a management agreement, or otherwise, or by forced or involuntary sale, without the prior written consent of the Town, which shall not be unreasonably withheld, delayed or conditioned. B) Prior written approval of the Town shall also be required where a controlling interest in Grantee is to be acquired during this Agreement in any transaction,or series of transactions, by a Person or group of Persons, none of whom owned or controlled Grantee, singularly or collectively on the effective date of the Agreement. The term "controlling interest"as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. C) The approval of a sale, transfer or change in control in one instance shall not render unnecessary approval of any subsequent sale,transfer or change in control. D) Approval of a sale,transfer or change in control by the Town does not constitute a waiver or release by the Town of its rights under this Agreement or applicable law. E) A transfer of this Agreement shall be conducted in accordance with federal law and the requirements set forth in this Agreement. The Town may request any information it deems reasonable to evaluate the financial,technical and legal qualifications of the proposed transferee or new controlling party. Any unresolved Agreement compliance issues shall be resolved prior to completing any transfer, assignment or change in control unless the transferee elects to assume liabilities for such unresolved Agreement compliance issues. Grantee, the proposed transferee and new controlling party shall provide the information requested by the Town in a timely manner. F) The Town's consent to a sale,transfer or change in control shall not be unreasonably withheld, delayed or conditioned. G) Notwithstanding anything to the contrary in this subsection, the prior approval of the Town shall not be required for any sale, assignment or transfer of the Agreement or Cable System to an infra-company Affiliate; provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the Town and must agree in writing to comply with all of the provisions of the Agreement. Further, Grantee may pledge the assets of the Cable System for the purpose of financing without the consent of the Town;provided that such pledge of assets shall not impair or mitigate Grantee's responsibilities and obligations under this Agreement. SECTION 19. MISCELLANEOUS PROVISIONS 19.1 Equal Employment and Non-discrimination Throughout the term of this Agreement, Grantee shall fully comply with all equal employmeht and non-discrimination provisions and requirements of federal, State and local laws. 34 19.2 Notices Throughout the term of this Agreement, each party shall maintain and file with the other an address for the delivery of notices and communications by mail. All notices and communications shall be sent to such respective address(es), and such shall be effective upon the date of mailing. At the effective date of this Agreement: The Grantee's address shall be: Comcast of Colorado/Florida, Inc. 8000 East Iliff Avenue Denver, CO 80231 Attn: Government Affairs With a Copy to: Comeast 281 Metcalf Road, Suite 110 Avon, CO 81620 Attn: General Manager The Town's address shall be: The Town of Snowmass Village Snowmass Town Hall 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Attention: Town Attorney 19.3 Captions and Headings The captions and headings of the sections and subsections set forth herein are intended solely to facilitate the reading hereof. Such captions and headings shall not affect the meaning or interpretation of this Agreement. 19.4 Costs and Expenses to be Borne by Grantee Costs and expenses to be home by Grantee shall include all of the Town's publication and hearing costs related to this Agreement. 19.5 Attorneys' Fees If any action or suit arises in connection with this Agreement, excluding subsequent franchise renewal proceedings, the prevailing party shall be entitled to recover all of its reasonable attorneys' 35 fees, consultants' fees, costs and expenses in connection therewith, in addition to such other relief as the court may deem proper. 19.6 Binding Effect This Agreement shall be binding upon the parties hereto, their permitted successors and assigns. 19.7 Authority to Amend This Agreement may be amended at any time by written agreement between the parties. 19.8 Venue Venue for any judicial dispute between the Town and Grantee arising under or out of this Agreement shall be in the United States District Court for the District of Colorado or Pitkin County District Court in Aspen,Colorado. 19.9 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship wittrthe other. 19.10 Non-Waiver The failure of the Town at any time to require performance by Grantee of any provision hereof shall in no way affect the right of the Town hereafter to enforce the same. The waiver by the Town of any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 19.11 Governing Law This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, the Cable Act, any applicable rules, regulations and orders of the FCC, and any other applicable local, State and federal laws(as such now exist, are later amended or subsequently adopted). 19.12 Actions of the Town or Grantee In any action by the Town or Grantee mandated or permitted under the provisions hereof, it shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld. 36 19.13 Force Majeure Notwithstanding any other provision of this Agreement,the Grantee shall not be liable for delay in the performance of, or failure to perform, in whole or in part, its obligations pursuant to this Agreement due to an event or events reasonably beyond the ability of the Grantee to anticipate and control. "Force majeure"includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances and work delays caused by waiting for utility providers to provide access to utility poles to which Grantee's facilities are attached. 19.14 Severability If any Section, subsection, paragraph or provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other Section, subsection,paragraph or provision of this Agreement, all of which will remain in full force and effect for the term of the Agreement. 19.15 Entire Agreement This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral and written negotiations between the parties. PASSED AND APPROVED THIS _ DAY OF 12009. THE TOWN OF SNOWMASS VILLAGE COLORADO By Title ATTEST: Town Clerk Accepted and approved this_day of 2009. COMCAST OF COLORADO/FLORIDA, INC. By Title 37 ATTEST: Secretary 38 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: DECEMBER 21, 2009 Comprehensive Plan The Town received very light feedback on the Comprehensive Plan during the week of December 7"'. Public comments and or observations included: Comprehensive Plan does not provide many carrots to developers— (comment from a developer) Question from public: Is the Comprehensive Plan a regulatory document or a guiding" document? (staff answered this question) Online comment from public: "I suggest an appendix dealing with the likelihood that the Base Village will or will not be built out by 2011. Everything depends on that." Comment from public: 'There should be a steam room at the Rec Center." The Planning Department also finalized maps and graphics for the plan and those graphics are being incorporated into the final document. In addition, final technical edit have occurred on the document. To ensure graphics get accurately integrated with the document staff has scheduled first reading of the Plan on January 4 . Pending Strategic Actions Last Updated — December 14, 2009 Staff Action Status Date to follow-up w/ Contact I I I Council Land Use Comp. Plan Comprehensive Completed Comp Plan sent to the January 4, 2009 Team Plan Update professional technical editor. Final edit being completed and then sent to Winton for production. John Dresser Demolition Council asked that an ordinance be prepared January 4, 2009 to provide a period of time to review demolition permits before demolition of a building occurred. Council agreed that staff should develop language for future PUDs to identify critical integral components of a PUD that must continue to exist over time. In addition, John Wilkinson requested that staff bring back a landmark ordinance for discussion in the future. Other Land Use Other Land Use Code Improvements should Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housing Housing Draw Site/Land On February 17 the Town Council asked that Revisit in Summer of Department Inventory a Land Inventory to identify potential housing 2010 sites be completed after the Town completes its budget process for 2010. On November 2, 2009 the Council directed staff to take no action on this topic other than to continue identifying sites that should be further investigated. Council asked that this project be revisited in the summer of 2010. Housing Housing Policy The consultant has completed a rational Department nexus study and can begin to work with the January 4, 2009 Town on a new housing policy. The Planning Commission is also reviewing housing goals as part of the Comp. Plan review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2)a review of deed restriction policy. Housing Excise Tax Schedule a work session to discuss the February 16, 2010 Excise Tax and its application Joe C Natural Disasters On 11/3/08 Council asked that staff further Follow up with a Terri and Cost evaluate criteria for allowing some costs from resolution on January Everest) Recovery in Deed property damage incurred by natural disasters 19, 2010 to provide Restricted For in deed-restricted homes to be recovered an allowance upon Sale Housing upon the resale of the home. Examples of resale for a % of the criteria discussed included: cap on recovery cost of repairing the based on a % (percent) value of the home and units. requirements for comprehensive insurance. Finance Marianne Credit Card Provide options and implications for allowing February 1, 2010 Usage customers to use credit cards for all TOSV functions. Marianne GID Mil Levy Discuss option to increase the GID mil levy for March 1, 2009 Base Village with the GID Advisory Committee and return back to the GID with options. Other Hunt Soccer Field Council asked staff to work with the Nordic December 2009 lighting for Nordic Council to see if the Nordic Council at their Skiing cost could provide lighting that meets the Town Code to support night time skiing Russ and Negotiate access Direction has been provided to staff to John easement for negotiate for an easement. Skittles Mark Kittle Remodels Council asked on 11/16 for the Chief Building March 2010 triggering Official to bring back options for requiring the sprinkling sprinkling of buildings with a remodel. Staff was asked to research options and what other communities have done on this issue. This came up with the Building Code update. In addition, Council asked on December 7, 2009 to come back with a discussion on banning shake shingles Lesley and Investigate Determine the steps for developing a sister February 16, 2010 Susan process for city relationship creating a Sister City Relationship 5th Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JANUARY 4, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 03, SERIES OF 2010 — INTERVIEW AND APPOINT BOARDS AND COMMISSIONS MEMBERS: Time: 30 minutes with interviews) ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 3, Series of 2009 Rhonda B. Coxon .............................................Page 1 (TAB A) Item No. 5: RESOLUTION NO. 4. SERIES OF 2010 — GRANTS Time: 30 minutes) A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR BUDGETED FOR GRANT CONTRACTS TO THE CHARITABLE AND HUMAN SERVICE ORGANIZATIONS ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 4, Series of 2010 Rhonda B. Coxon CONSENT AGENDA ITEMS 6 &7 Item No. 6: RESOLUTION NO. 01, SERIES OF 2010 — DESIGNATING PUBLIC NOTICE BOARDS: Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 1, Series of 2010 Rhonda B. Coxon ... ........................Page (TAB -) Item No. 7: RESOLUTION NO. 02, SERIES OF 2009 — APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE, SETTING THE TERM OF OFFICE AND COMPENSATION Time: 15 minutes) 01-04-10 TC Page 2 of 3 ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 2, Series of 2010 Rhonda B. Coxon..............................Page (TAB -) Item No.8: HOUSING MITIGATION REQUIREMENTS Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Review policy options and provide direction to staff to develop an ordinance Chris Cares, Joe Coffey Item No. 9: SECOND READING OF ORDINANCE NO.24, SERIES OF 2009 Time: 15 minutes) AN ORDINANCE AMENDING THE 2010 BUDGET FOR THE MARKETING AND SPECIAL EVENTS FUND FOR THE TOWN OF SNOWMASS VILLAGE ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance 24, Series of 2009. Marianne Rakowski Item No. 10: FIRST READING — ORDINANCE NO. 22, SERIES OF 2009 COMPREHENSIVE PLAN Time:15 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny first reading of Ordinance No. 22, Series of 2009 Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, David Peckler) Page ........................................ (TAB ) Item No: 11: PUBLIC HEARING - RESOLUTION NO. 5, SERIES OF 2010 ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE STAND IN BASE VILLAGE PLAZA Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify , or Deny Resolution No. 5, Series of 2010 Chris Conrad Item No. 12: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 25, SERIES OF 2010 MINOR PUD AMENDMENT: PARCEL D, EAST VILLAGE PUD Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny First reading of Ordinance No. 25, Series of 2009 Chris Conrad Item No. 13: PUBLIC HEARING AND SECOND READING - ORDINANCE NO. 11, SERIES OF 2009 Time: 15 minutes) 01-04-10 TC Page 3 of 3 APPROVING MINOR PUD AMENDMENT FOR STONEBRIDGE CONDOMINIUMS. PUBLIC COMMENT ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 11, Series of 2009 Chris Conrad Item No. 14: MANAGER'S REPORT Time: 10 minutes) Russell Forrest..............................................Page 52 (TAB F) Item No. 15: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 59 (TAB G) Item No. 15: APPROVAL OF MEETING MINUTES FOR: Page 61 (TAB H) Item No. 16: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 70 (TAB 1) Item No. 17: ADJOURNMENT NOTE: Total time estimated for meeting: Appoox 3 hours 30 minutes excluding items 1-3 and 10 —12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. If the Meeting ends before 9:00 p.m.) Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Town Council Meeting 3:30 p.m. 0 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Town Council Christmas Meeting Town Hall Closed 4:00 p.m. 27 28 29 30 31 New Year's Eve Valffliffim E Sun Mon Tue Wed Thu Fri Sat 1 2 TOWN HALL CLOSED DUE TO NEW YEARS DAY HOLIDAY! 3 4 5 6 7 8 9 Town Council Meeting 4:00 .m. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Town Council Meeting 4:00 C.M. O' l 24 25 26 27 28 29 30 31 ON1133W IIONf10DNMOl 600Z ' Zaaawaaaa 3JdIlIA 3snaNizzns DIJdW3H1210:Jdn1 L ' ONW311 HOJ1N3WHOdlld WINDIHO 1 W -1.,, N G C014 & NAI COMPANY APPLICATION FOR A TEMPORARY USE PERMIT WITHIN BASE VILLAGE 1j, Submitted November)10 2009 00 ftCEIVED DEC 15 2009AimSnowmassW.geCommunityDevelopment Table of Contents Introduction-General Data-Written Description Section 1 Additional Information Section 2 Compliance with Review Standards - Procedures Section 3 Legal Description Appendix A Disclosure of Ownership Appendix 6 Consents of Owners/Stakeholders Appendix C Vicinity Map - Site Drawing- Site Characteristics Appendix D Application Form - Evidence of Fee Payment Appendix E Menu and Merchandise Appendix F Page 2 ltmnr R'F WPx SECTION 1 INTRODUCTION: The Magic Buzz Coffee and Chai Company is designed to be a fun and playful addition to the Base Village economic and social environment. We propose to offer only 'fair-trade' and 'direct-sourced' Farm Friendly coffee and espresso of the highest quality, along with items of logo'd merchandise made from sustainably produced and/or repurposed materials (i.e. Wallet made of re- purposed mountain bike tire; Cap/Visor made from recycled plastic fibers). The kiosk utilizes the enclosed shell of a fully restored 1971 Volkswagen Bus exterior. For sanitary reasons the engine, electrical and mechanical have all been removed and a full-service stainless steel espresso bar has been installed. The unique look and history of'The Bus' adds an engaging character to the business environment, and most everyone who travels to Snowmass Village relates in some way to the wayfaring adventurer symbolized by the camper-van. The spirit and nostalgia of the "Road Trip" remains in the style presentation. Our main desire is to provide a daily opportunity for patrons to enjoy quality coffee, tea, and a light food item in conjunction with a warm greeting from a local resident with enthusiasm for the town and local lifestyle. The concept of the 'The Magic Buzz' was conceived in the Aspen/Snowmass Valley and the development work was undertaken with the help of friends, fellow residents and visitors who personify the wayfarer's spirit. Thank you for your consideration, 4611-- Scott Calliham Proprietor Strange is our situation here upon earth. Each of us comes here for a short visit, not knowing why,yet sometimes seeming to divine a purpose. From the stand point of daily life, however, here is one thing we do know:that we are here for the sake of each other..... Many times a day I realize how much my inner and outer life is built upon the labors of others, both living and dead,and how earnestly I must exert myself in order to give in return as much as I have received and am still receiving." Albert Einstein F Yf'N ANNUAL TEMPORARY USE PERMIT APPLICATION IN ACCORDANCE WITH SECTION 16A-5-260 /TOSV LAND USE CODE GENERAL DATA: Magic Buzz Brewing, LLC PO Box 6545 Snowmass Village, CO 81615 Ph. (970) 948-7150 Name, Address and Telephone Number ofApplicant Scott E. Calliham PO Box 5802 169 Terrace Drive Snowmass Village, CO 81615 Ph. (970) 948-7150 WRITTEN DESCRIPTION: The Applicant requests approval for an annual temporary use permit for a coffee/espresso kiosk or `retail merchandising unit' (RMU) within Base Village for the 2009/2010 ski season. Type of Retail The Magic Buzz will offer `Fair-Trade' and Organic coffee and espresso of the highest quality, light food items such as bagels, along with items of logo'd merchandise made from sustainably produced and/or repurposed materials (i.e. Wallet made of re-purposed mountain bike tire; Cap/Visor made from recycled plastic fibers). Ownership Magic Buzz Brewing, LLC will own the Kiosk (RMU) and related items. Page 4 low- Deliveries Delivery hours will be limited so as not to interfere with peak morning and afternoon traffic hours. Sales goods will be stocked from off-site locations and brought to the Kiosk (RMU) during approved delivery hours. As needed the delivery vehicles will park in the underground loading area and comply with parking requirements of that area. Hours of Operation Operating hours will be between 7AM and 5PM, 7 days a week during ski season and the Kiosk (RMU) is secured with lockable doors and windows. Retail and non-perishable items can be left on-site overnight. Trash Receptacles No additional trash receptacles will be needed or added to the plaza area. As a company focused on recycling and sustainability, we will limit our trash output and encourage patrons to use the available recycling receptacles. There will be a small receptacle within the RMU for the use of the operator. Seating The Kiosk (RMU) will have one chair in the interior of the unit for use of the operator. No additional seating will be provided or needed. Signage Signage will be located on/in the RMU, and a menu no greater than 12"x24" will be displayed on the unit. Parking The RMU will not generate additional patron parking as it is an ancillary retail outlet used as convenience shopping for people already within Base Village, Again as a sustainably oriented business, operator will be encouraged to and likely use public transportation. Location The Magic Buzz' RMU will be located to optimize service for guest's and residents as they ski and move through Base Village. We will use existing electrical outlets and the RMU will not be in or near the fire lane. We will build a platform to surround the RMU that will give it a permanent and fixed look, yet be easily dismantled when necessary. Please see Section 2 for location specifications. Page 5 IB EWJHIK Character The Magic Buzz will typify the character of the Village and add and engaging attraction to what would otherwise be a dead space blocked by fencing to keep traffic from circulating to or from the ski hill over hazardous grounds. The unique look and history of`The Bus' adds an engaging character to the business environment, and most everyone who travels to Snowmass Village relates in some way to the wayfaring adventurer symbolized by the camper-van facade. The spirit and nostalgia of the Road Trip" remains in the style presentation. The Applicant believes that the approval of this RMU will positively impact the guest and residents experience in Base Village while the majority of the retail remains pending or under construction. SECTION 2 ADDITIONAL INFORMATION: 2.1 Legal Description The legal description of the site is attached hereto as Appendix A. 2.2 Disclosure of Ownership Ownership of this parcel is by `Base Village Master Association' as a Limited Common Element(LCE Unit 1100) recorded per Condo Map. Description is attached hereto as Appendix B. Property Owner consents, as well as Stakeholder consents, to the submission of this Application are attached hereto as Appendix C. 2.3 Insurance A General Liability Policy of one million dollars ($1,000,000) will be in effect for the proposed temporary use. TOSV will be named as additional insured and an Indemnity Agreement will be executed upon approval of the Temporary Use. Page 6 B P f W l'sN[61 2.4 Vicinity May Please see Appendix D attached hereto. 2.5 Site Drawings A Site Drawing and (admitted/ypoor/ydone1 Photoshop rendering is included as part of Appendix D. 2.6 Other Maps The Applicant requests that the Planning Director waive the submission of other maps because the requested amendment will not change the maps submitted in connection with the Application. 2.7 Notice of Traffic Disruption The temporary use of the Kiosk (RMU) will not involve disruptions of normal traffic flow. It will, in fact, add an engaging attraction to what would otherwise be a dead space blocked by fencing to keep traffic from circulating to or from the ski hill over hazardous grounds. 2.8 Liquor License No liquor license is necessary as no liquor will be sold at the RMU. 2.9 Application Fee All required application fees have been submitted to the Town of Snowmass Village. Please see Appendix E. 2.9.1 Application Form The Application Form is completed and included in Appendix E. Page 7 ACRE W 4'N 61 SECTION 3 COMPLIANCE WITH REVIEW STANDARDS AND CONDITIONS: 3.1 Use Shall Be Appropriate The proposed use is in accordance with the surrounding retail commercial and residential, and the RMU will be used to support and enhance the vitality of the commercial corridor in Base Village while the majority of the retail remains pending or under construction. There will be no negative environmental impact from the use of this RMU. 3.2 Use Shall Comply With Policies And Regulations The proposed temporary use of the RMU will comply with the TOSV adopted policies and regulations and will no violate any applicable state, county or federal laws. 3.3 Applicant's Skills And Experience The Magic Buzz Coffee and Chai Company" was an operating small business in the Snowmass Village Mall for a short time in 2005. We provided an everyday opportunity for patrons of Snowmass Village to enjoy a "grab-it-and-go"food or beverage item along with a warm greeting from a local resident with enthusiasm for the magnificent surroundings and mountain lifestyle. The response to this simple coffee kiosk was nothing short of astonishing. The image of the fully restored Bus' facade elicited an emotional response that far outstripped the simple food and beverage items that we were serving. The stories from and nostalgia for a `wayfaring traveler' lifestyle, and talk of a more cooperative and meaningful existence made it clear that there was something more to be pursued from this business that was originally thought possible. After an unfortunately long hiatus, we want to bring this experience back to Snowmass Village with a deeper and more meaningful brand connection, and a broad identification with the TOSV's Environmental Sustainability Plan. 3.4 Written Approval Contained in Appendix C `Consents of Owners/Stakeholders'. IWO Page 8 Imp. 3.5 REVIEW PROCEDURE'S: 3.5.1.B Site Characteristics Please see Appendix D for photos of Site Characteristics. 3.5.1.E Water and Sanitation The RMU will not generate any additional sanitation requirements. Water usage is minimal and accessed from potable Base Village Master Association sources. The food/beverage operation will meet all standards required by the health department. 3.5.1.F Food and Beverage Service A sample menu (draft) is available for review in Appendix F as well as a sampling of merchandise. 3.6 CONDITIONS SUBSEQUENT: 3.6.4 Penalties Violation of any term or condition shall subject permittee to penalties set forth in Section 1-72 of Municipal Code. In addition, where probable cause exists to suspect a violation will pose a threat to public health, safety or welfare, the Chief of Police is hereby authorized to revoke temporary use permit and require any activity cease and desist immediately. Page 9 APPENDIX A LEGAL DESCRIPTION BASE VILLAGE PUD, SNOWMASS VILLAGE, COLORADO, AS SHOWN ON THE BASE VILLAGE PUD FINAL PLAT RECORDED FEBRUARY 2, 2006, IN BOOK 77, PAGE 30, AT RECEPTION NO. 520483 OF THE PITKIN COUNTY, COLORADO RECORDS F W PiN APPENDIX B DISCLOSURE OF OWNERSHIP AS SHOWN AS UNIT 1000 OWNED BY BASE VILLAGE MASTER ASSOCIATION m LARGE PLANNED COMMUNITY MAP LOTS PDLAOE P.U. D. SUMMSION, LOCATED IN S6ORON S. TOWKSFI FD SOl1fN. HANOE m WEST OFTFR m P.M. AND PARCEL 10. 7NE SNOWMAM CLUB PNASE I AND IIR, ISg p.U. p,g{ igp[ yLSWcDrIm TPA IN rmw OF iii1 OP SFL' Ii0N 34 T95. M5W OPtlie THE PN.. TOWN OF SNOWMASSIVIIV GEOCOWry OFPKf LSTAI' OF COLORADO t TIM WAN CWEfl( I. IW cd- uE Wmi rAmr w w 11 vcua. or mmwa y' CWT PEAK a rrics4 v°y • gym mW.. W9. su. m fs CS':yf. r taoaa M H 19 w /` ' ar. mm EW31I Y / i ter i' II; w,. . yI r l S r TA 0W e wo Ar exovwe. F LGDGY LOT. LLC r v BWI911 EW:IX um uA r. lq 1 fA.. LLE CFZryppp .Olf AID ib is jfi( i LEGEM e mGL7 Se i W a b roY yS6IM TRCN- mr •• BASE VILLAGE PATIO EASEMENT LOCATED IN LOT 1, BASE VILLAGE P.U.D., RECEPTION NO. 520483 LOCATED IN THE SW 1/4 OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P.M. TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO BASE VILLAGE P.U.D REC. NO. 520483 LOT 1 7PATIOEASEMENT2' 161 SF 0.004 AC BUILDING 3ABC\ op LIMITS OF LCEC---`7// `A-\- / FOOTPRINT POINT °A° g N7g 54'04" 14.B , W LfNE A 73 86'41'09"W C 215.30' LINE TABLE POINT OF BEGINNING uNE LENGTH BEARING PATIO EASEMENT "1" L1 21.75' N10'30'17"W 488 SF L2 16.00' 534'00'00°E 0.011 AC L3 13.75' S5942'53nW 0 1-4 13.11' N34'18'29"W QQ`nv L5 15.06' N72'48'41"E L6 9.66' S301 7'07°E ro CURVE TABLE CURVEI LENGTH I RADIUS DELTA CH BRG CHORD C11 55.16' 1 45.10' 70'04'53" N76'42'39"W 51.79' PARCEL N SUBDIVISION Z C23 1 50.16' 1 100.81' 28'30'25" 36612'21"E 49.64' Also Known as The Enclave N 2 JL 1 POC: SW OOR SEC 1 T IOS R 86W, FOUND 2-3/4' METAL BASIS OF CAP ON PIPE STAMPED US GENERAL LAID OFFICE SURVEY BEARINGS S2 S1 S11 S12 193V N00'01'31"E 2 WITNESS COR TO W 1/4 COR SEC 1 AND 2 T IDS R 86W 2703.93' FOUND 2-1/2' METAL CAP ON PIPE STAMPED 'US GENERAL 1 LAND OFFICE SURVEY S2 S1 1/4 WC 1930- JO' 0 W. 80' DRAWN BY: LAW CHECKED BY: DJC TETRATECH SCALE: 1'=100' DATE: MARCH 13,2008 2 of 2410SFrenchStreet, P.O. Box 1659, P:\PRQIECTS - SURVEIN AND PROJECTS R2\ Breckenridge CO 80424 TEL 970 453-6394 Fax 970 453 4579 PROJECT#:5294.008.85 Phase I Infras W eture As-Butits v Dq2* y d- k7w 9 S BIFVI,N6 APPENDIX C CONSENTS OF OWNERS/STAKEHOLDERS Consent letters from Aspen Skiing Company, Related WestPac, and Base Village Master Association f9 Base Village Master Association Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 November 9, 2009 Re: Letter of Consent for Temporary Use Application for Base Village Dear TOSV, Base Village Master Association consents to the submittal of an application for a Temporary Use Permit for the operation of `The Magic Buzz' kiosk within Base Village at Snowmass. Best Regards, Scott Stenman President Base Village Master Association Post Office Box 7550 84 Carriage Way Snowmass Village, CO 81616 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK A.S_P-E N_ _S-N-O-lN M-A-S.S_ ASPEN SKIING COMPANY Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 November 9, 2009 Re: Letter of Consent of Temporary Use Application for Base Village Dear TOSV, Aspen Skiing Company consents to the submittal of an application for a Temporary Use Permit for the for the operation of"The Magic Buzz' kiosk within Base Village at Snowmass. Best Regards Steve Sewell Snowmass Area Manager Aspen Skiing Company P.O.Box 1248 Aspen,CO 81612.1248 970.925.1220 www.aspensnowmass.eom RELATED W ESTPAC Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 November 9, 2009 Re: Letter of Consent for Temporary Use Application for Base Village Dear TOSV, Related WestPac. LLC and Base Village Owner, LLC consent to the submittal of an application for a Temporary Use Permit for the operation of `The Magic Buzz' kiosk within Base Village at Snowmass. Best Regards, Dwa e o ero Presi nt Related WestPac Vice-President Base Village Owner 16 Kearns Road, P.O. Box 6565, Snowmass Village, CO 81615 • (970) 922-0556 • (970) 922-0561 fax • www.retated.com B 9'EV PN6 APPENDIX D VICINITY MAP / SITE DRAWINGS / SITE CHARACTERISTICS Area Map, Photoshop rendering, and Photos of bare site oilc: i ssewmouS 7e saouap! sab posoM AOlaa! A q£ t a OH MOID— uogoapoJ Aay1 eyl qeb ssewmouS le seouap! saa posaa AomlA M ai! l3" MS altl Bpi ssewmouS saouap! saa IIaN al; yl a41 9 AIS p! nbl' Ounr oqe£ 0OV210100 39VIIIA 3SV8 AOIUOD! eAiuV aql pue J a6pol head IwldeJ og S S V W M O N S asnoH a6epjeJ— uogoai! oJ AeN ayl L g a6pol> ead loa! deJ qz s40l o6! lel— uopoallOJ AaN a41 9 V a6POl dead lo7! deJ eZ V ssewmous 11ON ap8T a41 S asnogowt aql+ g 06po' 1 uapAeH I 1 t2,lt 1 ry r p m i i . t, t I 1 oo S ITS OPAtW t 0 w rf r, 1• Ti V' ' 1 o NV— r.s'l1 dn--, ti[I#AN• 4 1 ^ 2- 5 IZ or 10 1( z. P xf3, 44Faak`:" 4 cyY ,,{' Ia", ts ' C. n u d ' awl r 1. 4 e 2.3 . A J i q . i t Y.=.... f;v.. SOLI t arke a N cAte i 6a.,• rte, y I may,. vi E Aliz T°+ Myy ' IVie. LIMrvA n f ASS SINI Y C l ..`II II S, .i. Irk\%' •q IV NII N 710.. •. / ./. \I i r< ti5 IZd' 8 I9tlHd; V1 i-:; r1h• 3 r ON1133W IIDNf10DNMOl 6002 ` Z2138W333a and39nIIin 1Sd3 ' Cl13 :)21dd 1N3WaN3Wd and210NIW 8 ' ONW311 MOJ1N3WHOdlld 18420d Iroulbiap 1 1 East Village Parcel D Minor PUD Amendment Application December, 2009 1 1 1 CLA SNOWMASS OFFICE COMPANY LLC Box 620 Basalt, CO 81621 Town of Snowmass Village, Mayor and Town Council Chris Conrad, Planning Director Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 December 15, 2009 Re: Minor PUD Amendment for the Two Creeks Office Building Dear Mayor, Town Council Members, and Planning Director, tPlease consider this letter an introduction and Executive Summary for a proposed Minor PUD Amendment and Comprehensive Plan update of Parcel D of the East Village Planned Unit Development. Parcel D is an approximately one acre parcel near the base of the Two Creeks ski lift and contains an office building with approximately 4,400 square feet above grade and approximately 3,400 square feet of basement space. The Applicant is requesting that the PUD be amended and that the Future Land Use Map of the Comprehensive Plan be updated to permit the existing office building to be converted to a single family residence. The Applicant, CLA Snowmass Office Partners, LLC, is majority owned by Jim Chaffin, Jim Light, and their families who have been local residents for over 30 years. The office building on Parcel D has an unusual history that traces back to its original developer, the Snowmass Land Company (SLC). In 1994, SLC was developing the East Village and Two Creeks areas and wanted an onsite office to house its staff. Parcel D was approved as part of the overall PUD for an office building. SLC engaged Bill Poss Architects to design the existing building as a development and sales facility with a feel that is as much residential as it is office in order to demonstrate a level of quality for the homes that would eventually be built in the surrounding project. Today, it is unlikely that an urban planner would recommend commercial as a use for Parcel D. If"smart growth" development is defined as that which is economically sound, environmentally friendly, compatible with neighboring uses and supportive of community livability, then smart growth would not suggest a commercial use for Parcel D. Parcel D is not convenient to regional (RFCA) bus lines so employees in the building have little choice but to drive to work by car. And Parcel D's distance from services or restaurants means employees usually get in their car to go to other appointments. Moreover, the existing office building provides no skier services, retail sales or other t 1 commercial benefits to the surrounding areas, which are more than adequately served by the Aspen Skiing Company's building at the base of the Two Creeks lift. We believe the proposed amendment is consistent with the Town's Enviromnental Sustainability Plan that calls for reduced single occupancy vehicle trips. To be clear, the proposed amendment will not result in a shortage of available office space in Snowmass. The existing office building is only office on the main floor (the basement is storage space). Moreover, the construction of the new town hall in 2006 added approximately 23,000 additional square feet of commercial space and resulted in additional available space in various buildings throughout the market. We are requesting that the PUD for Parcel D be amended to allow residential use of the Floor Area that currently exists on the property. In addition, we are requesting that the existing office use remain a permitted use until such time as the building is converted to residential. The proposed change of use will require an update of the Comprehensive Plan so that update is included in the application. The proposed modification is an enhancement of the PUD and offers several benefits to the Town and the neighborhood. First, the traffic impacts of the building will be greatly reduced, as the number of car trips generated by residential is lower than that of the existing office use. Second, the employee housing provided at the time of the original approvals is well above that required to mitigate the employees generated by a single family residence, so the amendment may reduce pressure on existing employee housing. Third, the maximum allowed building height will be reduced from 38 feet to 28 feet to bring the parcel in line with surrounding residential uses. The proposed amendment will not change the character of the PUD. To the contrary, residential use will be more consistent with the surrounding residential neighborhood, and we have proposed that the property be subject to review by the Design Review Board. We look forward to presenting this project to the Planning Commission and Town Council and appreciate your consideration of this application. Sincerely, CLA owmass Office C any, L C Andrew Light 1 EAST VILLAGE PARCEL D MINOR PUD AMENDMENT APPLICATION 1.1 Introduction This application proposes a Minor PUD Amendment to the East Village PUD (Ordinance No. 6, Series of 1994) with respect to Parcel D, and a Comprehensive Plan update to permit the amendment. The Applicant, CLA Snowmass Office Company, LLC, is an entity controlled by Jim Chaffin and Jim Light and their families. The Applicant is requesting approval to convert the existing office building on Parcel D to single family residential and to allow the existing office use to continue until the residential conversion occurs. The specific proposed modifications to the Base Village PUD are described in more detail in the Summary below. The proposal described herein is entitled to be reviewed by the Town as a Minor PUD Amendment. As illustrated in the Application, the proposed amendments are minor in nature, do not aversely effect neighboring properties, promote community objectives and are consistent with the Town's applicable review standards. 1.2 Written Description/Summary of PUD Amendment Parcel D is an approximately one acre parcel near the base of the Two Creeks ski lift and contains an office building with 4,447 square feet of Floor Area above grade and approximately 3,478 square feet of Floor Area in the basement. The Applicant is requesting that the PUD be amended to permit the existing office building to be converted to a single family residence. The Applicant requests that the PUD amendment specify that a) a garage of up to 700 square feet may be added as exempt Floor Area and b) the existing square feet of basement space(but not any new basement space) may be daylighted or made otherwise habitable. In addition, the Applicant proposes a development agreement or other agreement that will allow the existing office use to remain a permitted nonconforming use until such time as the building is converted to residential. The proposed amendment will require an update of the Comprehensive Plan so that update is included in the application. Parcel D is surrounded by MU-PUD zones with residential and commercial uses. The proposed amendment will be consistent with the scale and character of the neighborhood and is justified by both changed conditions on Parcel D and the amendment's contribution to resolving community needs (reduction in vehicle trips and an effective increase in affordable housing). The office building on Parcel D has an unusual history that traces back to its original developer, the Snowmass Land Company(SLC). In 1994, SLC was developing the East Village and Two Creeks areas and wanted an onsite office to house its staff. Parcel D was approved as part of the overall PUD for an office building. SLC engaged Bill Poss Architects to design the existing building as a development and sales facility with a feel that is as much residential as it is office in order to demonstrate a level of quality for the homes that would eventually be built in the surrounding project. Today, conditions have changed, there is no longer a need for a project sales office in Parcel D, and it is unlikely that an urban planner would recommend commercial as a use for Parcel D. If 1 smart growth" development is defined as that which is economically sound, environmentally friendly, compatible with neighboring uses and supportive of community livability, then smart growth would not suggest a commercial use for Parcel D. Parcel D is not convenient to regional RFTA) bus lines so many employees in the building have little choice but to drive to work by car. And Parcel D's distance from services means employees usually get in their car to go to other appointments. Moreover, the existing office building provides no skier services, retail sales or other commercial benefits to the surrounding areas, which are more than adequately served by the Aspen Skiing Company's building at the base of the Two Creeks lift. We believe the proposed amendment is consistent with the Town's Environmental Sustainability Plan that calls for reduced single occupancy vehicle trips. Finally, the amendment would reduce Parcel D's impact on existing employee housing. Two primary community needs - reduced traffic and greater availability of employee housing—are helped to be resolved by the proposed amendment. 1.2.1 Enhancements to the PUD/No Adverse Impacts The proposed amendment will not change the character of or have any adverse impacts on the surrounding neighborhood and will provide the following benefits that are enhancements to the PUD. Lower Traffic Impacts. The change in use from office to residential will reduce the automobile trip generation of Parcel D because office use generates more automobile trips than residential use. Standard trip generation estimates suggest that office use produces 1 I daily trips per thousand square feet and that single family residential generates 8 to 10 daily trips per unit, so the trip generation at Parcel D would decrease from approximately 47 trips to approximately 9 trips. The subject parcel is not convenient to any RFTA bus lines and therefore all employees must drive cars to work. In addition, the parcel is not convenient to any services and employees typically drive their cars whenever they leave the office. Residential use is more consistent with the surrounding neighborhood. Affordable Housing. The proposed amendment will reduce pressure on affordable housing by reducing the employee generation of Parcel D. The following illustrates how the employee housing mitigation in the original PUD compares to the mitigation that would be required today for a single family residence. 1 East Village Parcel D Minor PUD Amendment 2 TWO CREEKS AFFORDABLE HOUSING ANALYSIS Ordinance 6of 1994 Employee Housing Mitigation Original PUD Square Feet 4250 Jobs per 1000 SF 3.78 Total Jobs 16.1 Jobs per Employee 1.3 Total Employees 12.4 Housed in Smass 60% Employees in Smass 7.4 in Restricted Housing 600/6 Employees in Restricted Housing 4.4 SF per Employee 411 SF Mitigated 1,828 2009 Code Single Family Employees per Lot 1.58 Employee Mitigation 45% Employees to Mitigate 0.7 SF per Employee 448 Total SF Required 319 As a result, the employee housing mitigation provided for Parcel D is more than five times that which would be required for a single family residence today. 1.3 Description of Proposed Amendments to Ordinance 6. Series of 1994 The following are changes proposed to the Land Use Plan for Parcel D. Change in the Permitted Uses by Right. Add Single Family Residential as a permitted use Increase Maximum Allowable Building Square Footage. The maximum square footage will be increased from 4,250 to the actual Floor Area (as defined in the Town code) that exists in the current building. The current Floor Area is 7,924 and is detailed in Exhibit 1. In addition, the PUD will specify that a) a garage of up to 700 square feet may be added as exempt Floor Area and b) the existing square feet of basement space (but not any new basement space) may be daylighted or made otherwise habitable. t East Village Parcel D Minor PUD Amendment 3 Decrease in Minimum number of parking spaces. The minimum number of parking spaces will be decreased from 14 to 2. Decrease in Maximum building height. The maximum building height will be decreased from 38 feet to 28 feet to conform with the residential character of the surrounding neighborhood. 1.4 Sections 16A-5-390 (2) , 16A-5-40 (b), and 16A-5-220(d): Minimum Contents 1) Name, Address, Telephone Number CLA Snowmass Office Company, LLC Attn: Andrew Light PO Box 620 Basalt, Colorado 81621 970) 927-0847 Name, Address, Telephone Number of Applicant CLA Snowmass Office Company, LLC PO Box 620 Basalt, Colorado 81621 970) 927-0847 2) Legal Description The legal description of the Project site is provided in the Title Commitment. 3) Disclosure of Ownership Exhibit 2 includes a Title Commitment evidencing ownership of Parcel D. 4) Written Description A written description of the proposed project is included in Section 1.2. 5) Vicinity Map t A vicinity map is included as Exhibit 3. 6) Application Form t 1 East Village Parcel D Minor PUD Amendment 4 1 The Application Form is included and provided in Exhibit 4. 7) Survey Map/Improvement Survey. An improvement survey is provided in Exhibit 5. 8) Zone Districts. A map showing present zone districts is provided in Exhibit 6. 9) Existing Uses. The existing use on Parcel D is office. To the west beyond open space is single family residential in Fox Run. To the north is a parking lot. To the south is a ski run and additional single family residential. To the east is the Two Creeks base facility and then the Owl Creek Townhomes. 10) Petition. Not applicable since no property other than that owned by the Applicant is included. 1.5 Compliance with Land Use Code Review Standards 1) Land Use Code Requirements (Section 16A-5-300(c)) a) Minimum Land Area. The proposed revisions do not affect the minimum land area within Parcel D of the East Village PUD or the overall East Village PUD. b) Location. Parcel D is located within the East Village PUD. c) Uses. The proposed revisions to Parcel D will be compatible with the underlying zoning if the PUD is amended as requested. d) Maximum Buildout. The revisions to Parcel D will result in an increase in unit equivalency of 3 units and the reduction of 4250 square feet of commercial area. e) Dimensional Limitations. Building height and the scale and mass of Parcel D will not change as a result of the proposed revisions. The height limit will be reduced and the FAR will increase slightly but will still be lower than that of most of the surrounding residential units. f) Community Purposes. The conversion of Parcel D from office to residential will produce several community benefits including lower traffic generation and reduced employee generation. g) Parkin affraffic. Parking requirements and trip generation have been reevaluated in light of the conversion from office to residential. Standard trip generation estimates of 11 daily trips per 1000 square feet of office and 8 to 10 daily trips per single family unit suggest that the daily trip generation will decrease from East Village Parcel D Minor PUD Amendment 5 approximately 47 trips to approximately 9 trips. Parking will be provided to satisfy code for the new use. h) Road Standards. The proposed revisions to Parcel D do not impact the road standards set forth in the East Village PUD. 2) Review Standards. As initially approved, Parcel D was determined to be in compliance with the Review Standards set forth in Section 16A-5-310 of the Town's Land Use Code. As revised by this application, Parcel D will continue to be in compliance with those standards as described below: a) Consistency with Comprehensive Plan and East Village PUD Plan. The proposed Amendment to the PUD is consistent with the neighboring residential uses in the Two Creeks neighborhood and will be consistent with the Comprehensive Plan if it is updated as requested in this application. b) Preservation of Community Character. The proposed new language in the PUD will ensure that the external characteristics of the Building on Parcel D will not be materially impacted. The setbacks will be maintained and the maximum height will be reduced. c) Creative Approach. The change from office to residential use represents a more creative use of Parcel D and is more consistent with the Town's Environmental Sustainability Plan as it will reduce single occupant automobile trips. d) Landscaping. The Landscape Plan will continue to satisfy the requirements of Section 16A-5-310(4) of the Town's Land Use Code. e) Compliance with Development Evaluation Standards. Parcel D will continue to satisfy the Town's Development Evaluation Standards. f) Suitability for Development. Parcel D continues to be suitable for the development as proposed, considering its topography, environmental features and the lack of natural or manmade hazards. g) Adequate Facilities. Parcel D will continue to satisfy the Adequate Facilities t requirements of the Land Use Code with respect to the availability of utilities, access for fire protection, vehicular and pedestrian circulation, convenient location with respect to police and fire protection, emergency medical services and schools, and the ability to accommodate transit facilities and services. h) Spacial Pattern Shall be Efficient. Since the location of the building on Parcel D 1 will not change as a result of the proposed revisions, Parcel D will continue to East Village Parcel D Minor PUD Amendment 6 t 1 satisfy the efficient spacial pattern requirements as set forth in Section 16A-5- 310(8) of the Town's Land Use Code. i) Phasing. Phasing is not applicable. 1.6 Deferral of Redevelopment Plans. The Town's submission data requirements for this Application require a development plan which describes improvements, access, parking, landscaping, property lines, walkways, etc. A Development Plan for the Property and the existing structure are on file with the Town and provide the information required. The Applicant proposes to defer preparation of plans and drawings for conversion of the Office Structure to a residence until after the Minor PUD Amendment isapproved. Applicant expects that staff review of such redevelopment plans, in order to ensure compliance with the amended PUD, will be a condition of approval. 1 1 1 1 1 t East Village Parcel D Minor PUD Amendment 7 f................._.-_-.-._-........-..--..........._-- f o. 1 i - • v,. a...•...,...,. l > r o.,>..,.,... aw •. y l 1 r . t i 1 V FM6. su. rw e.s. v m 1,t t l Q l . b. sn COl t• D. EA1:mw r eY N '' i'tti41X I..> . it" i i i. .......... ...... aiu;.td Town of Snowmass Village P.O. Box 5010 Snowmass Village,CO 81615 December 14,2009 Re, letter of Consent for Temporary Use Application for Base Village Dear TOSV, The Sweet Life consents to the submittal of an application for a Temporary Use Permit for the operation of The Magic Buis'kiotk within Base Village nt Snowm3m Best Regards, len fifer IIayCS `-' Co-rounder/Owner The Sweet Life Telluride, CO w:wl.thesweetli$citto,soin Smnwrmss Villoge, CO 970-726-8789 970-923-9903