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08-17-09 Town Council Packetlid, SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AUGUST 17, 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: KRABLOONIK UPDATE Time: 60 minutes) Follow up on the following issues: Presentation from State Inspector Previous Inspection Reports Facilitated Site Inspections Matrix from Animal control stating Town policies Packet Information from last meeting ACTION REQUESTED OF COUNCIL: Direction to staff regarding legislative actions. Art Smythe .............................Page 1 TAB A) Item No. 5: PUBLIC HEARING AND DISCUSSION — SNOWMASS CLUB CMPLOYEE HOUSING 60 minute) Consideration of a Minor PUD Amendment concerning a proposed employee housing unit at the Snowmass Club. ACTION REQUESTED OF COUNCIL: Hear a presentation by the applicant of the proposal, open the public hearing, receive public comments, and provide directives to staff in preparing an ordinance with findings and conditions for consideration at a subsequent meeting. Jim Wahlstrom .......................Page 48 TAB B) Item No. 6: RESOLUTION NO. 19, SERIES OF 2009 — SUPPORTING GOCO PLANNING GRANT APPLICATION FOR ENTRYWAY PARKS AND RECREATION Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny t 08-17-09tc Agenda Page 2 of 3 Resolution No. 19, Series of 2009 Jason Haber ..........................Page 62 TAB C) Item No. 7: RESOLUTION NO, 20, SERIES OF 2009 — SUPPORTING GOCO MINII-GRANT APPLICATION FOR ENTRYWAY PARKS AND RECREATION IMPROVEMENTS Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 20, Series of 2009 Jason Haber .......................... Page 6 TAB D) Item No. 9: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..........................Page 68 TAB E) Item No. 10: APPROVAL OF MEETING MINUTES FOR: JUNE 1, 2009 AND JULY 6, 2009 Page 71 TAB F) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 98 TAB G) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 101 TAB H) Item No. 13: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6- 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(()(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided i 08-17-09tc Agenda Page 3 of 3 further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 2.5 hours excluding items 1-3 and 11-14) 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: Art Smythe, Police Department DATE: August 17, 2009 SUBJECT: Krabloonik Update I.PURPOSE : The purpose of this presentation is to provide additional information to the Town Council regarding dog sled operations and the regulation of these businesses by the Colorado State Department of Agriculture. II. BACKGROUND: On June 15, 2009 The Voices for Krabloonik group made a presentation to Council that included a request to consider the adoption of additional local ordinances to regulate kennel operations. At the request of Council, the following additional information is being provided to assist in your consideration of this request: Dr. Anderson, DMV the Program Administrator for the State's Pet Animal Care Facilities Act (PACFA) Program has been invited to attended this session and will be prepared to answer your questions regard their inspection and licensing of dog sled operations including the Krabloonik Kennels. Addendum A: copies of the State's inspection reports of the Krabloonik facility, 2002 to current. Addendum B: survey matrix compiling information gathered by the Animal Services Department regarding operational practices of other sled dog operations. Addendum C: includes the July 15th memorandum and the request for to develop and approve a Town ordnance on this topic, the remaining portion of this memorandum is available on Town's web site for June 15th Town Council Packet Addendum D: Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act. Addendum "A" COLORADO DErARTMENT OF AGRICULTURE COD"ION OF ANIMAL INDUSTRY Lfi 700 KIPLING ST., SUM 4000 LAKEWOOD, CO 80215 TELE:303-239-4161 PET ANIMAL CARE FACILITIES INSPECTION REPORT d Facility Name Krabloonik Kennels Facility ID 3708 Facility Address Lot 45,The Divide PUD Date of Inspection 11/21/2002 City SNOWMASS VILLAGE State CO Zip 81615- Type of Inspection Routine Notes:No violations observed. Type of Violation Category of Violation Comments Due Date PACFA inspector Siguturc) Faedgtp Representathe Signature) Monday,Dm=ber 02,2002 Page I of I MANG-2005 12:43PY 'FROM- T-270 P.002/005 F-303 STATE OF COLORADO DEPARTMENT OF ACMULTURE A' Aedlnnrinduatry 700 alpha Street,SWte 4000 Lakewood,CaWado SM15-S W r 303)239-4161 to 303)239.4164 FAX http://www.ag.ctats.to.W 0111 C wen, CWw mm cm anentCamu7sslaiel April 28,2005 Mr. Dan MacEachen Krabloonik,Inc. P.O.Box 5517 Snowmass Village 91615 Dear Mr.MacEachen, Enclosed you will find a copy of the report I prepared following the inspection that we made on April 12,2005. As your inspector,employed by the PACFA program,I must stay within the limits of the PACFA Statute and its rules and regulations when inspecting a facility and creating a report. Cen ainly the industry generated PACFA statute was written for the sole purpose of protection of pet ai limals through the minimum standards written- When we write a violation that requires a correction,we intend that the correction will be of benefit to the animals. I believe that is truly the case with your facility in spite of the public pressure. When a facility has no violations to the rules or makes corrections when necessary,in a timely manner,the outcome is better animal care and perhaps fewer concerns on the part of the public. PACFA rules require at least 6 feet of chain to tethor dogs. Though your chains ace withi a 6 inches of the 6-foot requirement,you need to lengthen them to 6 feet. The rules require that you have a perimeter fence around your Tethered dogs to protect ar d contain them. You can fence in your whole facility or create yards around groups of dogs. Eitht r way,you will be able to turn out compatible dogs to exercise,(as you expressed a desire to do)an(I create a friendlier environment for the dogs and the public. Your puppies will love the freedom t.nd will not be bothering the skiers. You may need to add a cantilever to prevent your dogs from climbing or jumping the fences when they are exercising. You indicated that you plan to replace the benches with doghouses,similar to the new to xaced areas of your facility. Providing a doghouse for each dog meets the requirements of shelter for th s dogs but the doghouses do not provide the shade required in the summer time. You explained that thp:dogs can't be worked in the summer due to their intolerance to beat,so shade is not only a PACFA requirement but also necessary to maintain the health of the dogs in the summer. You have some areas that have doghouses on top of the benches providing both shade and shelter. MAMO-2006 12:I8Pa FROiI- T-270 P.003/006 F-303 I have also seen doghouses built with an extended roof that the dogs can get under for sh;Lde. I have a picture of another mushing facility that I will send. These people have created an attracwtc shelter that serves as a shelter and shade and the dogs seem to like them and use them. I appreciate your commitment to creating changes in your facility that will improve the well being of your dogs. I also appreciate that you allowed the animal control officers to accompany u.. They are the people most likely to receive complaints from the public and will need to respond. I:tso appreciate your willingness to work more closely with Dr.Dolginow to perform your eutl mnasia. Please call if you have any questions about this inspection report,letter or timetable for cirrections. We are willing to allow you time to correct the violations but we must see progress and a final result. If you can't meet the deadlines indicated,please send us a time line that you will be able o meet for our review. Sincerely, Cynthia Thompson PACFA inspector 303-239-4161 office 303-886-6996 cell cc: Laurie Smith,ACO Snowmass Village MAY-16-2005 12:48PM FROM- T-M PA04/005 . F-303 COLORADO DEPARTMENT OF AGRICULT11RE DIVISION OF ANIMAL INDUSTRY O-COlO 700 KIPLING ST.,SUITE 4000 LAKEWOOD,CO 80215 TELE:303-239-4161 o, PET ANIMAL CARE FACILITIES INSPECTION REPORT Facility Name XRABLOONIX INC. Facility lD 3708 Facility Address 4250 DIVIDE RD. Date of Inspection 4/]2r-0)5 City SNOWMASS VILLAGE State CO Zip 81615- Type of Inspection Routin: Notes: Type of Violation Category or Violation Comments Due Date Animal Caro Dog Breeder(small seal 12.00 C. 2, h. 4/12/2005 Each per animal shall be observed by the animal caretaker in charge,or by someone under the caretaker's direct supervision,on a daily basis. Sick, diseased or injured dogs shall be provided with tinily veterinary care or disposed of in a humane manner,pursuant to§ 35-80- 102(7). 35-80.102(7) "Euthanasia"means to produce a humane death by techniques accepted by the American veterinary. medical association. PACFA Impettor Sionstu k) facility Reoreunhtive Signatare) WedaeM,y,May 04,2005 Pege I oft WY,-16-2005 12:49PM FR011 T-2i0 P.005/005 F-363 Shelter from Dog Breeder(small seal 12.00 B. Le.(1) 8/12/2005 Elements Shelter from Sunlight. A shaded area will be provided to all dogs housed in an outdoor primary enclosure to allow protection from the direct rays of the sum. The shaded area provided shall be of a size directly proportional to the size of the dog being protected and shall be positioned so that maximum shade protection is provided. 12.00 B. 1. e. (2) Shelter from Rain or Snow. A shelter will be provided to allow all dogs housed in an outdoor primary enclosure to remain dry during rain or snow. 12.00 B. 1.e.(3) Shelter from Cold Weather. Shelter shall be provided which is a moisturo-proof s-awture of suitable size to accommodate the animal and allow retention of body heat, made of durable material with a solid floor raised off the ground. For sled dogs a solid raised floor shall not be required. Replacement of benches with dog houses only may not provide enough shade to he directly proportional to the size of the dogs for summertime exposure to the swt. A combination of the resting benches with the dog houses on top seems to be the best solution for shade and sheher.° Runs& Peuts Dog Breeder(small seal 12,00 B. 1. c.(2)(b) 8/13/2005 If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used sball be so placed or attached that they cannot become entangled with the chains of other dogs and any other objects. Such chains should be a minimum of 6 feet and of a type cormnonly used for the size dog involved and shall be attached to the dog by means of a well-fined, nontightening collar or hauncss. All tethering chains shall have a swivel. 12.00 B. 1. e.(2)(c) If tethering is used,a fence perimeter shall surround the entire tethering area to prowet the tethered dogs from predators,stray animals and humans. PAC VA Impeder F*darY RtryommnK sbv mo) Wvckwd",Mey 04,2005 Pap 2 of 1Mt-15-2005 12:46PM FROM- T-270 P.0021005 F-363 STATE OF COLORADO DEPARTMENT'OF AMMLTURE P",6. Antnsa4lndu try 7001It n92rmt,swtr 000 t aewoo(,rdoradoaazlsa000 Wv`,( 303)234-4161 303)239.4164 FAX f htW.J/www.ag.stats.ce.us / _ 6s0cwem Dn. o April 28,2005 Mr. ban MacEachen Krabloonik,Inc. P.O.Box 5517 Snowmass Village 81615 Dear Mr.MacEaehen, Enclosed you will find a copy of the report I prepared following the inspection that we m sde on April 12,2005. As your inspector,employed by the PACFA program,I must stay within the limits of the PACFA Statute and its rules and regulations when inspecting a facility and creating a report. Censinly the industry generated PACFA statute was written for the sole purpose of protection of pet animals through the minimum standards written When we write a violation that requires a correi:6on,we intend that the correction will be of benefit to the animals. I believe that is truly the case with your facility in spite of the public pressure. When a facility has no violations to the rules or makes corrections when necessary,in a timely manner,the outcome is better animal care and perhaps fewer concerns on the part of the public. PACFA Hiles require at least 6 feet of chain to tether dogs. Though your chairs are withi a 6 inches of the 6-foot requirement,you need to lengthen them to 6 feet. The rules require that you have a perimeter fence around your.tethered dogs to protect ar d contain them. You can fence in your whole facility or create yards around groups of dogs. Eithr r way, you will be able to turn out compatible dogs to exercise,(as you expressed a desire to do)and create a friendlier eavironmont for the dogs and the public. Your puppies will love the freedom r.nd will not be bothering the skiers. You may need to add a cantilever to prevent your dogs from climb)ng or jumping the fences when they are exercising. You indicated that you plan to replace the benches with doghouses,similar to the new to Taced areas of your facility.Providing a doghouse for each dog meets the requirements of shelter for the dogs but the doghouses do not provide the shade required in the summer time. You explained that tln:dogs can't be worked in the summer due to their intolerance to heat,so shade is not only a PACFA requirement but also necessary to mainWu the health of the dogs in the summer. You have some areas tl iat have doghouses on top of the benches providing both shade and shelter. MA1f-164005 12:48PM FROM- T-270 P.003/005 F-383 I have also seen doghouses built with an extended roof that the dogs can get under for shale. I have a picture of another mashing facility that I will send. These people have created an attracti'te shelter that serves as a shelter and shade and the dogs seem to like them and use them. I appreciate your commitment to creatmg changes in your facility that will improve the well being of your dogs. I also appreciate that you allowed the animal control officers to accompany tv.. They are the people most likely to receive complaints from the public and will need to respond. I r]so appreciate your willingness to work more closely with Dr.Dolginow to perform your eud mnasia. Please call if you have any questions about this inspection report,letter or timetable for c;rrections. We are willing to allow you time to correct the violations but we must see progress and a final result. If you can't meet the deadlines indicated,please send us a time line that you will be able'D meet for our review. Sincerely, CynthiaCynthia Thompson PACFA inspector 303-2394 161 office 303-886-6996 cell cc: Laurie Smith,ACO Snowmass Village N -161•2005 12:48PN FROW T-2T0 P.004/005 . F-363 COLORADO DEPARTMENT OF AGRICULTURE: DLV1SION OF ANIMAL INDUMY OE_o 700 KIPIING ST.,SUITE 4000 LAKEWOOD CO 80215 TELE; 303-2394161 vu.r, PET ANIMAL CARE FACILITIES 1NSPEMONREPORT r 1i. T Facility Name KRABLOONIK INC. Facility To 3708 Facility Address 4250 DIVIDE RD. Date of Inspection 4/12120)5 City SNOWMASS VEMAGE State CO Zip 81615- type of Inspection Rowin: Notes: Type of Violation Category of Violation Comments Due Date Animal Caro Dog Breeder(small seal 12.00 C.2. h. 4/12/2005 Each pet animal shall be observed by the animal caretaker in charge,or by someone under the caretaker's direct supervision,on a daily basis. Sick,diseased or injured dogs shall be provided with timely ve mmary care or disposed of in a humane manner, pursuant to§35-80- 102(7). 35-80-102(7) "Euthanasia"means to produce a humane death by techniques accepted by the American veterinary. medical association. PACFA Impeeur Sipura •1 Facility Rev.rurnhtive Siparim) WedoaMy,n(ay M,2005 Page I oft NAY-10.-2005 I2:49PM FROM- T-2T0 P-005/005 F-303 Shelter from Dog Breeder(small scat 1200. B. 1.e. (1)8/1212005 Elements Shelter from Sunlight. A shaded area will be provided to all dogs housed in an otado cr primary enclosure to allow protection from the direct rays of the sum. The shaded area provided shall be of a size directly proportional to the size of the dog being protected and shall be positioned so that martimum shade protection is provided- 12.00 B. 1.e. (2) Shelter from Rain or Snow. A shelter will be provided to allow all dogs housed in an outdoor primary enclosure to retrain dry during rain or snow. 12.00 B. 1.e.(3) Shelter from Cold Weather. Shelter shall be provided which is a moisarro-proof structure of suitable size to accommodate the animal and allow retention of body hear, made of durable material with a solid floor raised off the ground. For sled dogs a solid raised floor shall not be required. Replaeca>ttnt of bunches with dog houses only may not provide enough shade to he directly proportional to the size of the dogs for summertime exposure to tho sun. A combination of the ruing benches with the dog houses on top sterns to be the best solution for shade and shelter." Runs& Pens Dog Breeder(small seal 12.00 B. 1. c.(2)(b) 8/12/2005 If dog houses with chains are used as primary euclosures for dogs kept outdoors,the chains used shall be so placid or attached that they cannot become entangled with tho chains of other dogs and any other objects. Such chains shoald be a minimum*F6 feet and ofa type cofrunoniy used for the size dog involved and shall be attached to the dog by means of a well-fitted, nontightening collar or h"All 12.00 B. 1.c- (2)(c) If tethering is used,a fence perimeter shall surround the entire tethering area to protect the rethered dogs from predators,stray animals and humans. tPACVA Ia RpUtbe IP1caNr acv.mnrc sApurmm) Wrdnudny.May 04.2005 pa{c 1 M'2 Friday 10-14-2005 Phone call from PACFA: The inspector for our area, Kyran Cadmus, called and updated us about the requirements for Krabloonik. Per PACFA, Dan is hiring two additional employees to build doghouses. PACFA has required him to have a platform and a doghouse for each dog. Dan has until 12-1-05 to complete this. Dan is in violation of PACFA rules without a perimeter fence. Dr. Rohr put Dan on probation for this matter and Dr. Rohr recognizes that Dan is in violation of their rules. If there are dogs running loose onto the ski hill or animals getting out of the area, they may require the fence. Or...if there are animals getting inside thea rea and causing problems, they may require the fence. C9LORAD0 DEPARTMENT OF AGRICULTURE F CplDIVISIONOFANIMALINDUSTRYO700KIPLINGST.,SUITE 4000 4 . LAKEWOOD,CO 80215 TELE: 303-239-4161 PET AMMAL CARE FACILITIES INSPECTION REPORT l 011 Facility Name KRABLOONIK INC. Facility ID 3708 Facility Address 4250 DIVIDE RD. Date of Inspection 007 City SNOWMASS VILLAGE State CO Zip 81615- Type of Inspection Routine Notes:Animal care is good.Feeding,watering and waste removal was being performed during my insepetion despite the large snow fall last night. Type of Violation Category of Violation Comments Due Date Animal Care Dog Breeder(small seal 12.00 B. 1.c.(2)(a) 4/15/2007 No female dogs in whelp or with puppies shall be tethered. Two females with puppies were being tethered and need to be placed in an enclosure which can contain the puppies and the female without the use of a tether.Enclosures used to house the older puppies(—6 months- 1 year old)would be adequate for this." C.. r n %140r4 n I-a r Le-; ird-y PACFA Inspector Signature) Facility Representative Signstam) Wednesday,Mnmb 14,2007 Page I ON Capacity/ Dog Breeder(small scal 12,00 B. 1.c.(2)(b) 2/282007 Perimeter Fence/ If dog houses with chains are used as primary enclosures for dogs kept outdoors,the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs and any other objects. Such chains should be a minimum of 6 feet and of a type commonly used for the size dog involved and shall be attached to the dog by means of a well-fitted,nomightening collar or harness. All tethering chains shall have a swivel. 12.00 B. 1.c.(2)(c) If tethering is used,a fence perimeter shall surround the entire tethering area to protect the tethered dogs from predators,stray animals and humans. These have been determined to be non-critical violations. If the dog houses are added or reorganized in the future the chain length shall be no less than 6 feet." n J4ct VAnY1 i eA --n Farr (1 fr_ PACFArmpeetorSigaatore) Facility Repro ntatiwSigwtore) Wedncsday,Match 14.2W7 Page 2 of 2 STATE OF COLORADO Colorado Department of Agriculture Division of Animal Industry 700 Kipling Street,Suite 4000 y lekcw^ood,CO 80215-5000 r 303)239.1161 w Bill Ritter,Jr.,Governor John R.Stulp,Commissioner Sheldon R f e ty Commissioner Facility Name KRABLOONIK INC. Facility ID 3708 Facility Address 4250 DIVIDE RD. Date of Inspection 51 12008 SNOWMASS VILLAGE CO 81615 Type of Inspection Complaint Notes: Because of a repeat critical violation(12.00 C.2.d.),the inspection notes were reviewed by the PACFA staff and the inspection was deemed failed A stayed fun:of$500 was executed. Please read,sign and return attached tethering exemption(required annually). Type of Violation Storage Category of Violation Dog Breeder(small scale) Due Date: 7/1/2008 12.00 E.1iI Le. Storage. Supplies of food and bedding shall be stored off the floor or in waterproof closed containers and protected against infestation or contamination by vermin. Raise bags of food off of any floor or store in waterproof closed containers. Repair storage tent to provide protection of food from elements." Type of Violation Vetennary Care Category of Violation Dog Breeder(small scale) Due Date. 7/1/2008 12.00 F. 1.c. Veterinary Trcatment Records. Treatment records shall be kept on all dogs that receive any medications and/or immunizations used in the treatment or prevention of illness,or the treatment of injury,while in the care of the dog breeder facility. These records shall include the idcntification of the dog receiving medical treatment,the(tame of the medication and/or immunization used,the amount of medication used,and the time and date on which the medication and/or immunization was administered. These records shall be I kept at the dog breeder facility for a period of 60 days after the sale of the dog. Please fax veterinary treatment record for dog with bite wound(medicated with Domitor,Antisedan and cephalexin). Include all details outlined above. This is a request for information only." la J O b PACFA Inspector Signature)Facility Repraeatative Sigoatura) Jennifer Leslie 1789 Tuesday,June 17,2008 page I of 3 Facility 3708 KRABLOONiK INC. Continued Type of Violation Veterinary Care Category of Violation Dog Breeder(small scale) Due Date: 516/2008 12.00 C.2.h. Each pet animal shall be observed by the animal caretaker in charge,or by someone under the caretaker's direct supervision,on a daily basis. Sick,diseased or injured dogs shall be provided with timely veterinary care or disposed of in a humane manner, pursuant to Q 35-80-102(7). Please provide veterinary care for dog with"prolapsed uterus"and dog with lesion near right hip. 1 would suggest having the persons in daily contact with the dogs report health status of dogs(remarkable or unremarkable)to supervisor." Type of Violation Exercise&Socialization Category of Violation Dog Breeder(small scale) Due Date: 5/6/2008 12.00 C.2.d. Puppies under the age of 4 months shall not be housed in the same primary enclosure,rum,or exercise area with adult dogs other than then dam or foster dam,unless under direct supervision. Per written correspondence from PACFA inspector Erica Isakson dated March 14,2007,females with puppies were to have enclosures similar to those used for the younger dogs for safety reasons. This matter was to be resolved by April 15,2007. However,pups as young as 10 weeks old were"at large"during the inspection. And,they,were not always under direct supervision. Pups under 4 months of age must be directly supervised under these circumstances to prevent injury or worse." Type of Violation Feeding/Watering Category of Violation Dog Breeder(small scale) Due Date: 5/612008 12.00 C. 1.c. Open food and water containers shall be accessible to the pet animal and located to minimize contamination by excreta Disposable containers may be used if discarded after each use. Self feeders and waterers may be used if cleaned regularly. Very few dogs were fed out of dishes. Most were fed by placing food on walking surfaces. This is less than desirable in terms of disease/parasite control. The dogs cannot help but walk through urine/feces. This allows for infegtation/re-infestation if dogs have a parasite load. Suggest using puppy pans for feeding." Type of Violation Structure&Construction Category of Violation Dog Breeder(small scale) Due Date: 5/612008 12.00 B. 1,e.(4) Drainage. Outdoor enclosures shall be so designed and constructed to suitably demonstrate drainage to eliminate natural or other excess water,regardless of surfacing material. The majority of housing had adequate drainage. There were some problem areas. Addressing this issue will be ongoing based primarily on snowpack,run-off and min Consider adding or changing substrate where drainage is currently inadequate." PACFA Inspector Signature)Facility Representative Signature) Jennifer Leslie 1789 Tuesday,June 17,2008 Page 2 of 3 Facility 3708 KRABLOONIK INC. Continued Type of Violation Enclosure Category of Violation Dog Breeder(small scale) Due Date: 5/612008 12.00 B. 1.c.(2) Facilities that breed,train or house Alaskan dog breeds or Alaskan breed crosses,specifically for the purpose of pulling dog sleds, may request the Commissioner in writing for a waiver of the prohibition against dog houses with chains(tethering)as a primary enclosure. Such a request for waiver shall be submitted annually with each application or reapplication for licensure. Granting such waiver is in the sole discretion of the Commissioner. 12.00 B. 1.c.(2)(a) No female dogs in whelp or with puppies shall be tethered. 12.00 B. 1.c.(2)(b) If dog houses with chains are used as primary enclosures for dogs kept outdoors,the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs and any other objects. Such chains should be a minimum of 6 feet and of a type commonly used for the size dog involved and shall be attached to the dog by means of a well-fitted,nontightening collar or harness. All tethering chains shall have a swivel. 12.00 B. 1.c.(2)(c) If tethering is used,a fence perimeter shall surround the entire tethering area to protect the tethered dogs from predators,stray animals and humans. Please see correspondence dated Marchl4,2007 from PACFA inspector Erica Isakson(copy attached). Note comments regarding tethers and perimeter fence." PACFA Inspector Signature)Facility Representative Signature) Jennifer Leslie 1789 Tuesday,June 17,2008 Page of STATE OF COLORADO Colorado Department of Agriculture Division of Animal industry p9 700 Kipling Street,Suite 0000 S Lakewood,CO 80215.8000 303)239.4161 Ply s s as Bill Riner,Jr.,Govemor John R.Smlp,Commissioner Sheldon R Jones,Deputy Commissioner Facility Name KRABLOONIK INC. Facility ID 3708 Facility Address 4250 DIVIDE RD. Date of Inspection 9/3/2008 SNOWMASS VILLAGE CO 81615 Type of Inspection Complaint Notes: Unannounced,complaint-based investigation(44273 and#4318)conducted by Program Director(Kate Anderson,DVM),lead inspector(Cindy Thompson)and I at approximately 11:30 a.m. Licensee was not on site. Justin,one of the Krabloonik,Inc.,employees.addressed our immediate questions. The inspection was considered"passed". Type of Violation Enclosure Category of Violation Dog Breeder(small scale) Due Date: 9/4/2008 12.00 B. 1.c.(2) Facilities that breed,train or house Alaskan dog breeds or Alaskan breed crosses,specifically for the purpose of pulling dog sleds, may request the Commissioner in writing for a waiver of the prohibition against dog houses with chains(tethering)as a primary caciosure. Such a request for waiver shall be submitted annually with each application or reapplication for lieensure. Granting such waiver is in the sole discretion of the Commissioner. 12.00 B. 1.c.(2)(a) No female doge in whelp or with puppies shall be tethered. 12.00 B. 1.c.(2)(b) If dog houses with chains are used as primary enclosures for dogs kept outdoors,the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs and any other objects. Such chains should be a minimum of 6 feet and of a type commonly used for the size dog involved and shall be attached to the dog by means of a well-fitted,nontightening collar or harness. All tethering chains shall have a swivel. 12.00 B. 1,c.(2)(c) If tethering is used,a fence perimeter shall surround the entire tethering area to protect the tethered dogs from predators,stray animals and humans. Refer to correspondence dated March 14,2007 from PACFA inspector Erica Isakson. Note comments regarding tethers and perimeter fence. Tethers were spot-checked,today. They varied in length from 5'to 57', Lengthening lethers as enclosures are presently situated would increase the likelihood of dogs causing harm to each other." 42772,B, A/ 9 B Je, .T afa.6 rot7 0 PACPA Inspector Signature) Facility Represmtaav Jennifer Leslie 1835 Wednesday,September 10,2008 Page I of 2 Facility 3708 KRABLOONIK INC. Contlnued Type of Violation Shelter from Elements Category of Violadon Dog Breeder(small scale) Due Date: 9130/2008 12.00 B. ANIMAL ENCLOSURE STANDARDS 12.00 B. 1. Primary Enclosure Defined. Primary enclosures am those animal enclosures in which the animal rests or sleeps. Such enclosures may be used temporarily or Permanently. 12.00 B. 1. a. Primary enclosures shall be structurally sound and maintained in good repair. They shall be constructed and maintained to enable the animals to remain dry and clean. Roofs on some of the dog houses need to be repaired." Type of Violation Veterinary Care Category of Violation Dog Breeder(small scale) Due Date: 9/412008 There are dogs in need of veterinary care. Quincy's(see complaint #4318)tongue has an abnormal appearance. Blanca,has what appears to be a mammary tumor. Pinky has red,watery eyes and red gums. Piesces has a yellow discharge from the left eye. C.H. has symptomatic nose and eyes. The dog located 3 enclosures from the food room was drooling and had glossitis. Marble and Pumpkin had from limb injuries and were being medicated with cephalexin. It is unclear to me if a licensed veterinarian evaluated these two dogs." Type of Violation Feeding/Watering Category of Violation Dog Breeder(small scale) Due Date: 9/4/2008 12.00 C. 1. Food and Water. 12.00 C. 1.a. Pet animals shall be fcd consistent with the nutritional needs for the age of the animal,at least once a day,except when under special vetcriary care. The food shall be of such nutritional value necessary to meet the normal daily requirements for the eondition and sim of the animal. Perishable food shall be refrigerated Several dogs are too this One of these dogs,"Nellie",is lactating. If increasing caloric intake docawt cause the desired increase in weight within a reasonable timefranw,seek veterinary taro as there may be an underlying medical condition. Sharp-edged water cans need to be replaced to protect dogs from irliury." J(.4 PACFA Inspector Slgmnture)Facwty Represtdanve Slgmature) Jennifer LesBe 1835 Wednesday,September 10,2008 Page 2 of 2 STATE OF COLORADO Colorado Department of Agriculture Division of Animal Industry op. 700 Kipling Street,Suite 4000 Lakewood,CO 80215-8000 303)2394161 a s ma` Bill Ritter,Jr.,Governor John R.Stulp,Commissioner Sheldon R.Jon ,Qeputy Commission Facility Name KRABLOONIK INC. Facility ID 3708 Facility Address 4250 DIVIDE RD. Date of Inspection 5/ 12008 SNOWMASS VILLAGE CO 81615 Type of Inspection Complaint Notes: Because of a repeat critical violation(12.00 C.2. d.),the inspection notes were reviewed by the PACFA staff and the inspection was deemed failed. A stayed fine of$500 was executed. Please read,sign and return attached tethering exemption(required annually). Type of Violation Storage Category of Violation Dog Breeder(small scale) Due Date: 7/1/2008 12.00 E.0 Le. Storage. Supplies of food and bedding shall be stored off the floor or in waterproof closed containers and protected against infestation or contamination by vermin. Raise bags of food off of any floor or store in waterproof closed containers. Repair storage tent to provide protection of food from elements." Type of Violation Veterinary Care Category of Violation Dog Breeder(small scale) Due Date: 711/2008 12.00 F. 1.c. Veterinary Treatment Records. Treatment records shall be kept on all dogs that receive any medications and/or immunizations used in the treatment or prevention of illness,or the treatment of injury,while in the care of the dog breeder facility. These records shall include the identification of the dog receiving medical treatment,the name of the medication and/or immunization used,the amount of medication used,and the time and date on which the medication and/or immunization was administered. These records shall be kept at the dog breeder facility for a period of 60 days after the sale of the dog. Please fax veterinary treatment record for dog with Site wound(medicated with Domitor,Antisedan and cephalexin). Include all details outlined above. This is a request for information only." 3 t PACFA Inspeetor Signature) Par y Representative Signature) 3: Jennifer Leslie 1789 is Tuesday,June 17,2008 Page I of 3 Lit: n Facility 3708 KRABLOONIK INC. Continued Type of Violation Veterinary Care Category of Violation Dog Breeder(small scale) Due Date: 516/2008 12.00 C.2.h. Each pet animal shall be observed by the animal caretaker in charge,or by someone under the caretaker's direct supervision,on a daily basis. Sick,diseased or injured dogs shall be provided with timely veterinary care or disposed of in a humane manner, pursuant to§ 35-80-102(7). Please provide veterinary care for dog with"prolapsed uterus"and dog with lesion near right hip. I would suggest having the persons in daily contact with the dogs report health status of dogs(remarkable or unremarkable)to supervisor." Type of Violation Exercise&Socialization Category of Violation Dog Breeder(small scale) Due Date: 5/6/2008 12.00 C. 2.d. Puppies under the age of months shall not be housed in the same primary enclosure,run,or exercise area with adult dogs other than their dam or foster dam,unless under direct supervision. Per written correspondence from PACFA inspector Erica Isakson dated March 14,2007,females with puppies were to have enclosures similar to those used for the younger dogs for safety reasons. This matter was to be resolved by April 15,2007. However,pups as young as 10 weeks old were"at large" during the inspection. And,they were not always under direct supervision. Pups under 4 months of age must be directly supervised under these circumstances to prevent injury or worse." Type of Violation Feeding/Watering Category of Violation Dog Breeder(small scale) Due Date: 5/6/2008 12.00 C. Le. Open food and water containers shall be accessible to the pet animal and located to minimize contamination by excreta. Disposable containers may be used if discarded after each use. Self feeders and waterers may be used if cleaned regularly. Very few dogs were fed out of dishes. Most were fed by placing food on walking surfaces. This is less than desirable in terms of diseasc/pamsite control. The dogs cannot help but walk through urine/feces. This allows for infestation/re-infestation if dogs have a parasite load. Suggest using puppy pans for feeding." Type of Violation Structure&Construction Category of Violation Dog Breeder(small scale) Due Date: 5/6/2008 12.00 B. I.e.(4) Drainage. Outdoor enclosures shall be so designed and constructed to suitably demonstrate drainage to eliminate natural or other excess water,regardless of surfacing material. The majority of housing had adequate drainage. There were some problem areas, Addressing this issue will be ongoing based primarily on snowpack,run-off and rain. Consider adding or changing substrate where drainage is currently inadequate." f t P,iCFCFA faspee[or Signature) Facility Representative Signature) Jennifer Leslie 1784 tf: Tuesday,June 17.2008 Paget of t Facility 3708 KRABLOONIK INC.Continued Type of Violation Enclosure Category of Violation Dog Breeder(small scale) Due Date: 5/6/2008 12.00 B. 1. c.(2) Facilities that breed,train or house Alaskan dog breeds or Alaskan breed crosses,specifically for the purpose of pulling dog sleds, may request the Commissioner in writing for a waiver of the prohibition against dog houses with chains(tethering)as a primary enclosure. Such a request for waiver shall be submitted annually with each application or reapplication for licensure. Granting such waiver is in the sole discretion of the Commissioner. 12.00 B. 1. c.(2)(a) No female dogs in whelp or with puppies shall be tethered. 12.00 B. 1.c. (2)(b) If dog houses with chains are used as primary enclosures for dogs kept outdoors,the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs and any other objects. Such chains should be a minimum of 6 feet and of a type commonly used for the size dog involved and shall be attached to the dog by means of a well-fitted,nontightening collar or harness. All tethering chains shall have a swivel. 12.00 B. 1.c. (2)(c) If tethering is used,a fence perimeter shall surround the entire tethering area to protect the tethered dogs from predators,stray animals and humans. Please see correspondence dated March 14,2007 from PACFA inspector Erica Isakson(copy attached). Note comments regarding tethers and perimeter fence." 1.t PACFA inspe<ioir Signature) Faeitiry Representative Signature) Jennifer Leslie 1789 Tuesday,June 17,2008 Page 3 of.1 Survey of Commercial Sled Dog Operations June 2009 z, Years ni+ Number Acres Acres for Tether k r _` Number rName of Business Location of mm Exercise; ocwsonar Busters v aOwned Dos ' Len tht, 4.? x Su er. xerciie - pens Dog rightsPr Dogs9, u_ Dogs Red Runner Sled Tours Steamboat Spr 10 26 40 2 6 ft 4-5 dogs at time. 50 x 100 yard pen. 2 unk Tether or 1 acre fenced yard from Lucky Cat Dog Farm Gunnison 20 27 20 1 6 ft 1 yes 8 am to 3 pm. Problem dogs on a zip line. Durango Dog Ranch Durango area 10 40 30 3 Tether @night Does not feel dogs need exercise in summer. 1 yes Dogs kept in 2 acre pen in day. Cosmic Cruisers Gunnison 15 71 260 4 6ft No exercise if> 50 degrees. 5 Dogs rotated into 2.5 acre pen. yes No exercise if> 45 degrees. Dog Sled Rides of WP Winter Park 14 84 6 1 6 ft 15 dogs at a time, every other day in a pen. 1 yes No exercise> 60 degrees. Mountain Mushers Bond 20 A 90 80 unk 8 ft 0 unk Owner doesn' t believe in summer exercise. Snowcap Sled Dogs Breckenridge 25 150 40 3/ 4 g ft Exercise 2 times a week. 0 yes Cooler part of the day Chocpaw Expeditions CANADA 35 375+ 25 6 6 ft If temperature is cool, 40- 45 dogs at a time 1 yes in a1 acre pen before 12 noon only. y nm a G Consensus of Most Facilities Tethers are critical to keep the dogs safe. to A 6 foot tether is good for pivoting and keeping dogs from getting entangled. Dogs will fight even in long established exercise groups. Dogs are not exercised daily even when owners have exercise pens. It is very difficultto walk sled dogs on a leash. From April to October, all facilities are concerned with dogs overheating during exercise. Addendum "C" MEMORANDUM TO: Snowmass Village Town Council FROM: Staff DATE: June 15, 2009 SUBJECT: Krabloonik I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Voices for Krabloonik Dogs(VKD) has a presentation and requests that Council consider local ordinances to regulate tethering and reproduction of animals. II. SUMMARY OF PROJECT VKD alleges that the dogs at Krabloonik are subject to cruel and inhumane treatment and requests that TOSV undertake local government regulation and oversight to enhance the standard of care for all animals in Snowmass Village. III. BACKGROUND VKD has spent a great deal of time discussing ways to improve the standard of care including an advisory committee including citizens,Dan MacEachen and TOSV representatives. To date,there has not been a report or recommendation submitted by the advisory committee. IV. APPLICABLE REGULATIONS Krabloonik is regulated by the State of Colorado under the Pet Animal Care Facilities Act (PACFA) V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV enact local legislation to regulate dog care at Krabloonik? How would enforcement be accomplished and funded? VI. STAFF RECOMMENDATIONS AND FINDINGS VKD delivered the packet materials to TOSV late on Friday afternoon and Staff only had time to prepare this summary in advance of the packet deadline. Staff has not conducted research or background to verify facts and representations contained therein and therefore cannot make any findings or recommendations on the substance of the materials contained in the packet. Town Council is asked to discuss and determine a course of action for this issue. Options include: request a report from the advisory committee;conduct hearings on the issue in order to gain feedback from citizens on the issue; direct staff to prepare legislation on this subject with direction from Council;any combination of the above; or determine a suitable course of action in Council's discretion. Agenda Item: Krablooniks Packet Table of Contents: Addendum A. 1. Cover letter addressed to Town Council. Goals, Issues, Solutions 2. Proposed Ordinances for Snowmass Village Addendum B. 1. Letters in support of ordinances from Senator Gail Schwartz, Representative Kathleen Curry,The Humane Society of the United States Colorado Director Holly Tarry 2. Letters from Colorado Department of Agriculture and a state dog breeding application with information confirming local ordinances super cede state regulations Addendum C. 1. Packet contains information on communities throughout the United States that have imposed ordinances protecting animals in their community Addendum D. 1. Article and letter from sled dog experts that support exercise and un- tethering sled dogs Addendum E. 1. Photos and conditions of sled dogs at Krabloonik in comparison to photos and conditions of sled dogs at Eden Mills Vermont, a sled dog operation outside a resort community in Vermont May 27,2009 Town of Snowmass Village Council 1 l 130 Kearns Rd. Snowmass Village CO 81615 RE: Welfare of Krabloonik Sled Dogs/Ordinances Dear Mayor and Council Members, We are kindly requesting to be placed on the agenda for the Town Council Meeting scheduled for June 15, 2009 at which time we would like to cover the following topics: I. Review Establishment of Groups Concerned with the Welfare of Krabloonik Sled-Dogs A. Mission of Voices for Krabloonik Group B. Mission and goals of Krabloonik Advisory Committee C. Challenges of both Voices for Krabloonik and Krabloonik Advisory Committee II. Issues to Resolve A. Dogs chained year-round B. Lack of any exercise at least 7 months a year C. Overpopulation D. Spay/Nueter E. Watered/Fed daily F. Review how other dog-sled operators care for their dogs. III. Possible Solutions A. Establish local ordinances through TOSV 1. Tethering ordinance-daily time off chain a. Explanation of Pet Animal Facility Act(PACFA) and Department of Agriculture's"tethering waiver"for sled dogs b. Local ordinance would supercede state laws 2. Spay and Neuter ordinance B. Non-profit to purchase Krabloonik and run facility year-round as a sled-dog history and education center and animal sanctuary C. Improvements made voluntarily by Krabloonik's operator Over the past year local citizens have spent a great deal of time and effort discussing ways to improve the standard of care for the sled-dogs. Krabloonik's operator, Dan MacEachen, has repeatedly cited a lack of funding as his reason for not making the changes necessary to improve the living conditions for the sled-dogs. Despite this claim,he continues to breed and had been operating over his lawful limit of 250 dogs. Differences in ideology exist between Mr. MacEachen, and both Voices and the Krabloonik Advisory Committee on what is considered humane treatment of these sled- dogs. Both Voices and the advisory committee feel it is cruel and inhumane to tether these dogs for seven months with no exercise. The majority of your constituents would like to see several large fenced-in areas where the dogs can run freely for designated time periods each week. We hope each of you agree that this is a necessity. One of the main goals of the advisory committee was to see that the fenced-in areas were in place by the beginning of this summer. Due to Mr. MacEachen's claim of a lack of funding and inadequate staffing to maintain and supervise the dogs,it appears nothing will change. We come before you to ask for your help in establishing regulations that will raise the standard of care not only for"working"dogs at Krabloonik,but for all pets in our community of Snowmass Village. Hundreds of other communities in America, including Denver,already have ordinances in place. We will provide the council with an information packet which will include letters from our state representatives,The Humane Society of the United States,and the Department of Agriculture. These letters encourage you to move forward with local government regulation and oversight to enhance the Standard of care for all animals in Snowmass Village. We will also provide a sample anti-tethering ordinance which limits the number of hours an owner can keep their pet or working dogs chained per day. It is our desire to establish a rational and reasonable ordinance that will protect our community's animals. We hope you will embrace this opportunity to become a leader and insist that all animals are cared for in a way that positively reflects the values and caliber of the Town of Snowmass Village. Regards, Bill Fabrocini Lee Ann Vold fabrocini.bill(a)comcast.net Iceannvold(a,comcast.net 970-948-8301 Ordinance Request Sled Dogs Key issue: Neglect Dogs tethered 24 hours per day on five foot chains for up to seven or eight months straight without any form of exercise or ability to interact with other dogs. Sled dogs are pack animals and thrive on interaction and running in a group Lack of oversight and supervision secondary to limited staff. This often results in poor conditions such as lack of water. Water bowls are often spilled over and/or dogs become thirsty again in the hot afternoons. Lack of staffing makes it difficult to ensure adequate water is available. 250 plus dogs complicate this matter. Solutions: Exercise Pens for social interaction and exercise Increase staff labor to provide daily oversight,transport dogs into and out of pens, and work with the dogs to find out which ones are compatible(as do other sled dog operations) Sled Dog Operation Challenges: Dog fighting Un-neutered and spayed dogs(more aggressive) Number of Dogs(250) Additional staff labor Financial matters to pay for labor and pens Ordinance Challenge How do you provide an environment for 250 dogs to have time off of chains on a daily basis for social interaction and exercise Proposed Ordinances for Snowmass Village in regards to tethering and sterilization Ordinance number 1 concerning tethering: This ordinance prohibits the fixed point tethering of dogs for 24 hour periods. Dogs must be removed from the tether for a period of at least 1 hour in a 24 hour period and allowed to exercise and/or move freely unrestricted by the tether. Such exercise shall include removing the dog from the dog's primary enclosure and either leash walking or giving the dog access to an enclosure at least four times the size of the primary enclosure allowing the dog free mobility for the entire exercise period, but shall not include the use of a treadmill or similar device, unless prescribed by a veterinarian. The exercise requirements in this subsection shall not apply to a dog certified by a veterinarian as being medically precluded from exercise. When tethered for periods of longer than one hour the tether must be at least six feet in length and attached to a properly fitting collar or harness. Ordinance number 2 concerning spaying and neutering 1)No dog breeder shall,at any one time,maintain on premises licensed by the Pet Animal Care Facility Act,more than fifty unsterilized dogs that are over six months of age. 2)No dog breeder shall breed any dog unless a veterinarian certifies that the dog is in suitable health for breeding. Such certification shall be obtained annually for each dog sought to be bred. Final points: Enforcement of ordinances, by whom, procedures and protocols Penalties for violating ordinances Addendum "D" COLORADO DEPARTMENT OF AGRICULTURE Animal Industry Division Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act 8 CCR 1201-11 1.00 DEFINITIONS AND ABBREVIATIONS A. "PACFA"-the Pet Animal Care and Facilites Act, §§ 35-80-101 through 117, C.R.S. (1999 Supp.). B. "Commissioner"-the Colorado Commissioner of Agriculture. C. "Department" -the Colorado Department of Agriculture. D. "facility"-those portions of all buildings, yards, pens, and other areas at a single location in which any animals are kept, handled, or transported for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading or otherwise transferring animals. E.person"-an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust; partnership, or association, or any other legal entity. F. "water resistant"-that which repels water. The following materials and substances shall be considered water resistant: painted or sealed wood surfaces; sealed concrete; sealed cement blocks; stainless steel; vinyl flooring; glass;treated or sealed paneling; fiberglass; tile; tile blocks; and other materials approved by the Commissioner on a case by case basis after demonstrating that the material is water resistant. G. "isolation" -the separation, for the period of communicability, of infected animals from others in such place and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those which are susceptible or which may spread the agent to others. H. "isolation area" -a place separate where conditions can be established to adequately control or contain modes of transmission of disease such as (but not limited to)contamination with feces and bodily secretions, fomites, and arthropod vectors. I.isolation room" - same as isolation area above but a contained environment separated with full walls and doors,having a separate air environment exhausting outside with no admixture in the general circulation. J.Ferret hobby breeder facility"-any facility which transfers no more than twenty-four ferrets per year or breeds no more than two litters per year, whichever is greater. 1 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRANelcome.do. K.sell, transfer, or adopt underage animals" -the acceptance by a licensee or exchange between licensees of underage animals which have been abandoned or relinquished shall not constitute a sale, transfer, or adoption for the purposes of PACFA §35-80-108. In such acceptance or exchange, the underage animals shall be kept with the dam, whenever possible. L.zoological park"-a facility accredited by the American Zoo and Aquarium Association and/or licensed as a zoological park pursuant to§ 33-4-102(13)(a), C.R.S., as amended. M. "research institute"-a governmental or private institution that uses or intends to use live animals in research, tests, or experiments for scientific investigation or in a systematic search for facts. N. "nonhuman primate"-all animals in the families Lemuridae, Indriidae, Daubentoniidae, Lorisidae, Tarsiidae, Cebidae, Callithricidae, Cercopithecidae, and Pongidae. 2.00 APPLICATION FOR LICENSURE AND CONDITIONS FOR LICENSURE A. Any person operating a pet animal facility as defined in § 35-80-102(11)of PACFA must have a valid license issued by the Commissioner in accordance with PACFA and these rules and regulations. B. Any person seeking a license under PACFA shall apply on a form furnished by the Commissioner. The applicant shall provide all information requested on the form, including, but not limited to, a valid mailing address through which the applicant can be reached, and a valid premises address where animals, animal facilities, and records are located. All premises, facilities, or sites where an applicant operates or keeps animals shall be shown on the application form. The application shall be filed with the Commissioner and must be accompanied by the appropriate fee, as set forth in Section 4.00 below. C. An applicant shall obtain a separate license for each separate physical facility requiring a license by PACFA. D. Pursuant to§ 35-80-103(2), the following are exempt from the licensing fees and inspection requirements of PACFA and these rules and regulations: 1. Any veterinary hospital which boards pet animals for the purpose of veterinary care only and does not actively solicit boarding in any way, 2. Any research facility, circus, or publicly or privately owned zoological park or petting zoo, licensed or registered under the provisions of the federal "Animal Welfare Act of 1970," 7 U.S.C. §2131, et seq., as amended; 3. Any bird hobby breeder facility as defined in § 35-80-102(1) of PACFA, canine hobby breeder as defined in § 35-80-102(2), feline hobby breeder facility as defined in § 35-80- 102(8), small animal hobby breeder facility as defined in§ 35-80-102(12), or any other hobby breeder facility as defined in Section 1.00 above; 4. Any pet animal training facility where the pet animal owner or such owner's designee, other than a training facility operator, is present during the duration of the animal's stay; 2 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act" is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: hftp://www.sos.state.co.us/CCRANelcome.do. 5. Any kennel operated for the breeding or sale or racing of racing greyhounds that are not intended to be companion pets; 6. Any facility licensed pursuant to Article 60 of Title 12, C.R.S.for the racing of greyhounds; 7.Any wildlife regulated by the Colorado Division of Wildlife or the Colorado Department of Natural Resources; and 8.Livestock, as defined in § 35-80-102(9) of PACFA. For the purposes of PACFA, pigeons shall be considered livestock, specifically, poultry. 9. Any owner, breeder, handler, or trainer while exhibiting or competing at any event licensed, regulated, or sanctioned by the American Kennel Club, United Kennel Club, or any other nationally recognized registering organization. E. A license shall be issued to any applicant who has met the requirements of PACFA, paid the required annual license fee, and passed the application inspection or annual inspection, except as set forth in § 35-80-112 of PACFA and Section 9.00 below. 3.00 FACILITY LICENSE REQUIREMENTS A. Each applicant for a pet animal facility license shall submit an application providing all required information in the form and manner required by the Commissioner. B. Each location of a pet animal facility shall be separately licensed. The classifications of licensure are: Retail and Wholesale Pet Animal Dealership; Dog Breeder Facility; Bird Breeder Facility; Cat Breeder Facility; Pet Grooming Facility; Pet Animal Boarding and/or Training Facility; Animal Rescue Facility; Animal Shelter; Small Animal Breeder Facility; and Ferret Breeder Facility. C. If a pet animal facility operates under more than one business name from_a single location: 1.No additional pet animal facility license shall be required for the different business names; 2.The pet animal facility operator must maintain separate records pursuant to§ 35-80-107 and to these rules and regulations for each business name; and 3.The name of each business providing services that are related to those of a pet animal facility shall be listed with the Commissioner on the application in the form and manner designated. The Commissioner may require that a separate fee be paid for each such business name. D. If a pet animal facility operates more than one business from a single location,which businesses would constitute more than one classification of licensure: 1. The classification of licensure issued shall be that which has the highest annual fee. 3 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: hftp://www.sos.state.co.us/CCRNVelrome.do. 2.In the event the annual fees are the same, the classification of licensure issued shall be that to which the licensee devotes the majority of the licensee's facility space. 3.Each business operated, no matter the classification of licensure held, shall comply with all rules and regulations pertaining to each classification which would correspond to the business. For example, a pet animal boarding facility holds a Pet Animal Boarding Facility license, but from the same location performs grooming services. Such facility must comply with both the Pet Animal Boarding Facility rules and regulations and the Pet Grooming Facility rules and regulations; the boarding business regulated by the former and the grooming business regulated by the latter. E. Licenses issued pursuant to PACFA and these rules and regulations shall not be transferable. F. A license issued under PACFA and these rules and regulations shall be valid unless. 1. The license has been revoked or suspended pursuant to§ 35-80-112 of PACFA and Section 9.00 of these rules and regulations; 2. The license is voluntarily surrendered by written request of the licensee to the Commissioner, and such surrender is accepted by the Commissioner; 3. The license has expired or has otherwise terminated by operation of law as set forth in § 35- 80-106 and Section 3.00 G of these rules and regulations; or 4. The applicant or licensee failed to pay the license fee or the instrument of payment was returned from the bank. G. There will be no refund of fees if a license is invalidated for any reason before its expiration. H. All licenses shall expire each year on the first working day of March and will automatically terminate at midnight April 1. If the renewal application is not postmarked on or before the first working day of March for the year of renewal, a penalty fee of 10 percent (10%) of such renewal fee will be assessed. No license shall be renewed until the renewal fee and any penalty fee are paid. Any person whose license has been automatically terminated shall not conduct any activity for which a license is required by PACFA until all requirements for issuing such license have been met and a valid license has been duly issued. I.Any person who seeks reinstatement of a license that has been automatically terminated must follow the procedures required of new applicants for a license, as set forth in Section 2.00. J.A license which is invalid under PACFA and Section 9.00 of these rules and regulations shall be returned to the Commissioner. If the license cannot be found, the licensee shall provide a written statement to the Commissioner so stating. 4.00 LICENSE FEES 4 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos,state.co.us/CCRANelcome.do. A. In addition to the application for a license or a license renewal, each applicant or licensee shall submit to the Commissioner an annual license fee and the fee for any additional business name as set by the Commissioner. B. Any applicant whose check is returned by the bank will be referred to collections through the State's collections process. An application or renewal which is accompanied by a check that is returned by the bank will be deemed an incomplete application or renewal, and no license will be issued. C. If the license fee for a public animal shelter is overly burdensome, a public animal shelter may petition the Commissioner yearly, at each application, in written form, to waive said fee. D. The PACFA license fees shall be: 1.Pet Retail/Wholesale$280; 2. Aquarium only$225; 3.Pet Boarding/Training $280; 4.Network Pet Boarding Facility$180; 5.Pet Handler$80; 6.Pet Grooming $225; 7.Pet Animal Shelter$280; 8.Dog Breeder Small Scale Operation $250; 9.Dog Breeder Large Scale Operation $280, 10. Cat Breeder$225; 11. Common Bird Breeder$80; 12. Uncommon Bird Breeder$180; 13. Small Animal Breeder$250; 14. Pet Animal Rescue$80. 5.00 ANNUAL REPORT BY LICENSEE Each year, within thirty (30) days prior to the expiration of every license (the first working day of March), the licensee shall file with the Commissioner an application for license renewal and the appropriate fee. The following facilities shall also submit an annual report on form(s)furnished by the Commissioner: dog 5 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRNVelcome.do. breeder facility, bird breeder facility, cat breeder facility, animal shelter, animal rescue, ferret breeder facility, and small animal breeder facility. 6.00 COPIES OF RULES AND REGULATIONS A copy of PACFA and these rules and regulations will be available to all applicants, upon request, and at the expense of the applicant. 7.00 NOTIFICATION OF CHANGE CONCERNING LICENSURE INFORMATION A licensee shall promptly notify the Commissioner by mail of any change in the name, address, substantial control or ownership in the operation of the licensed business, or of additional sites, within fifteen (15) days of the change. 8.00 ACTIVITY BY PERSONS/FACILITIES WHOSE LICENSES HAVE BEEN SUSPENDED OR REVOKED A. Any person whose license has been suspended or revoked shall not conduct any activity for which a license is required by PACFA during the period in which the suspension or revocation is in effect. B. Any person whose license has been suspended or revoked may apply in writing to the Commissioner for reinstatement of that person's license. 9.00 DISCIPLINARY ACTIONS AND DENIAL OF LICENSURE A. A license will not be issued to any applicant who: 1.Is not in total compliance with PACFA and these rules and regulations, including payment of fees. a.An initial applicant for licensure will be allowed a maximum of three(3) inspections within a time period to be determined by the Commissioner. Failure of these three inspections will result in denial of licensure, requiring the applicant to reapply. The initial license fee shall not be returned upon denial of licensure, and any subsequent reapplication(s) shall be accompanied with the proper license fee. b. An initial applicant shall not conduct any activity for which a license is required by PACFA until such license is issued. C.Subsequent applications by a person who has been denied a license under this Section shall be considered as an initial application, subject to the provisions of Section 2.00 above. d.Persons denied a license under this Section may reapply after twelve (12) months from the date of the last failed inspection. 6 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRfVVelcome.do. e. Any applicant whose initial license has been denied may request a hearing in accordance with PACFA and the State Administrative Procedure Act for the purpose of showing why the application should not be denied. If the license denial is upheld, the applicant may reapply for licensure twelve months from the date of the denial. 2.Has had a license revoked within the prior two years or is currently under suspension. B. In addition to those grounds set forth in § 35-80-112 of PACFA, the Commissioner may issue letters of admonition, deny, suspend, refuse to renew, restrict, or revoke any license for the following grounds: 1.Submitting falsified information or making a material and deliberate misstatement on the application for any original license or for any renewal license, including, but not limited to, failing to identify all facilities, failing to provide full violation history, or providing a false name or address. 2.Making false or fraudulent statements or providing false or fraudulent records to the Commissioner. 3.Having been fined, sentenced to jail, convicted, or having entered a plea of guilty or plea of no contest under any local, state or federal law pertaining to the importation or capture of animals, or cruelty, neglect or abuse of animals. 4.Failure to comply with any provisions of these rules and regulations. 5.Refusal to allow the inspector designated by the.Commissioner free and unimpeded access upon consent or upon obtaining an administrative search warrant to inspect those portions of all buildings, yards, pens, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of PACFA or these rules and regulations and to all records required to be kept and may make copies of such records for the purpose of carrying out any provision of PACFA or these rules and regulations. 6.Failure on three (3) reinspections for an original violation within a single license year. 10.00 INSPECTIONS A. All facilities licensed under PACFA may be inspected upon application, routinely thereafter, and upon a complaint to the Commissioner or the Department about a particular facility. The validity of the complaint will be determined by the Commissioner. B. All licensees or applicants for licensure or license renewal must make their respective facilities, animals, and records available for inspection during business hours or at other times mutually agreeable, in writing, to the Commissioner. The licensee or applicant shall also provide the inspector with sufficient space to examine records and write the inspector's report. If the licensee's or applicant's facilities, animals, procedures, or records do not meet the requirements of PACFA or these rules and regulations, the licensee or applicant will be advised in writing of 7 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRIwelcome.do. existing deficiencies and the corrective measure that must be completed in a timely manner to be in compliance with PACFA and these rules and regulations. The licensee or applicant shall submit a written plan to complete the required corrective measures. Failure on three (3) reinspections for an original violation within a single license year shall constitute an additional ground for discipline, as defined in Section 9.00 immediately above. C. Should the licensee require the inspector to wear special clothing, or to perform special sanitization measures beyond those specified in the rules and regulations that follow, the licensee shall provide all such special clothing or special sanitization measures at the licensee's own expense. D. Each licensee shall keep and maintain records in the form and manner designated by the Commissioner. Such records shall be retained for a period of two years and shall be kept at the address specified in the license application. E. An applicant for a license or a licensee shall not interfere with, threaten, abuse (including verbal abuse), or harass any inspector, or state or federal official while such inspectors or officials are carrying out their duties. F. Refusal to allow reasonable access for routine inspection or complaint investigation may result in a failed inspection and the use of an administrative search warrant. 1.00 RETAIL AND WHOLESALE PET ANIMAL DEALERSHIP REGULATIONS A. CILITY STANDARDS 1. finition of Pet Animal Dealership. "Pet animal dealership" as used h in means any p or premise used in whole or in part, whether on a permanent emporary basis, forth a or exclusive purpose of either wholesale commerce etail sale, trading, bartering, herwise transferring pet animals to the public. a.Licensure etail and wholesale pet animal erships. There shall be one subclassificati r pet animal dealerships Retail Aquarium Only nimal De ships: Facilities that trade, sell, barter, or otherwise transfer mly fish quatic pet animals, not including reptiles and amphibians, to the public etermination of licensing of facilities within this subclassification shall t the discretion of the Commissioner. b.Bird hobby breeder nine hobby breeder , line hobby breeders, and small animal hobby br ers who do not transfer pet als in excess of the limits established in CFA§ 35-80-102 or ferret hobby ers who do not transfer over 24 fer per year shall not be considered a pet an dealership. C.In a on to the traditional pet shop or wholesaler, pet animal d hips shall i de the keeping for transfer or the transfer of pet animals at temp cilities ("temporary pet animal dealerships")such as flea markets, mobi 8 This y of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet A al Care and Facilities Act" is provided as a convenience to the public by the Colorado Department of riculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCR/Welcome.do. 2. Vehicles. a. icles used p in the transportation of pet animals shall be equipped to provide fresh air to all a eing transported without injurious drafts. b.The animal cargo space shall be so cons r aintained so as to minimize the ingress of exhaust from the vehicle's engi 12.00 DOG BREEDER FACILITY REGULATIONS A. FACILITY STANDARDS J 1.License Requirements: No person shall operate a dog breeder facility unless the person holds a valid license issued by the Commissioner pursuant to PACFA and Sections 2.00 and 3:00 of these rules and regulations. The twelve month license period shall commence the first working day of March and must be renewed on or before the first working day of March the following calendar year. 2.Structural Plan Evaluation: a.Plan Submission. Detailed plans and specifications will be submitted to the Department whenever it is proposed to erect or extensively remodel any dog breeder facility, specifically any remodeling that requires a building permit and affects a minimum of 25% of the square footage of the existing facility.'Plans pertaining to upgrades which are only electrical or plumbing in nature will not require a plan submission. Each dog breeder facility or any person intending to become a dog breeder facility shall be responsible for submitting all plans and specifications. Plans shall be approved or disapproved by the Department, typically within 10 working days of submission. Approval of plans and specifications is necessary before construction can begin and final approval of the constructed facility is necessary before operation can start. b.Plan Specification Content Requirements. Final plans and specifications shall comply with these regulations and shall include descriptions of the ventilation system, plumbing fixtures, and floor, wall, and ceiling finishes. It is not necessary for plans and specifications to be professionally drawn, providing the plans are legible, drawn or sketched to consistent scale, with dimensions indicated, accurately depicting the intended construction or remodeling. 3.General Standards: a.Interior Surfaces. The interior facility surfaces shall be constructed and maintained so that they are water resistant and can be cleaned and sanitized. These surfaces need not extend more than 18 inches beyond the perimeter of any animal enclosure or sink. Floors directly beneath all animal enclosure areas, except where those enclosures are of solid sides or so constructed as to prevent 33 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act" is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRM/elcome.do. the leakage of urine or feces, must be of a material which is water resistant and can be cleaned and sanitized. b.Electric Power. Electric power shall be provided. C.Water. Potable water shall be provided for drinking purposes, with back flow prevention devices installed on any threaded faucets where hoses may be attached for cleaning the facility or on the main water line serving the facility. d.Washrooms and Sinks. Accessible washrooms or sinks shall.be provided to maintain personal hygiene among animal caretakers. A sink in good repair or a dishwasher shall be provided for washing and sanitizing. e.Waste Water Disposal. Waste water from indoor facilities shall be disposed of by connection to a sanitary sewer or any state, county, or locally approved water disposal system. A method shall be provided to rapidly eliminate excess water. I.Protect animals kept there from injury, ensure containment of pet animals within the pet animal facility and restrict entry of other animals and humans from outside by either a building or a fence designed to be escape-proof. B. ANIMAL ENCLOSURE STANDARDS 1.Primary Enclosure Defined. Primary enclosures are those animal enclosures in which the animal rests or sleeps. Such enclosures may be used temporarily or permanently. a.Primary enclosures shall be structurally sound and maintained in good repair. They shall be constructed and maintained to enable the animals to remain dry and clean. b.The floors of the primary enclosures shall be constructed to prevent injury to the animals'feet and legs. Enclosures for dogs may have wire flooring provided that the wire is of adequate gauge to prevent sagging under the weight of the animals, and the mesh is small enough to prevent the animals'feet from passing through. C.Dog Houses with Chains. 1) The use of dog houses with chains (tethering) as a primary enclosure is prohibited. 2) Facilities that breed, train or house Alaskan dog breeds or Alaskan breed crosses, specifically for the purpose of pulling dog sleds, may request the Commissioner in writing for a waiver of the prohibition against dog houses with chains (tethering)as a primary enclosure. Such a request for waiver shall be submitted annually with each application or reapplication for licensure. Granting such waiver is in the sole discretion of the Commissioner. 34 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRMelcome.do. a) No female dogs in whelp or with puppies shall be tethered. b) If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs and any other objects. Such chains should be a minimum of 6 feet and of a type commonly used for the size dog involved and shall be attached to the dog by means of a well- fitted, nontightening collar or harness.All tethering chains shall have a swivel. c) If tethering is used, a fence perimeter shall surround the entire tethering area to protect the tethered dogs from predators, stray animals and humans. d.Indoor Facilities or Portions thereof. 1) Heating and Cooling. Housing for pet animals shall be sufficiently heated or cooled when necessary to protect animals from cold or heat to provide for their health. The ambient temperature shall be consistent with the requirements of the specific pet animals. Heating shall be deemed necessary when the inside temperature of the facility falls below 50 degrees Fahrenheit for a period of 4 consecutive hours and cooling shall be deemed necessary when the temperature of the facility rises above 90 degrees Fahrenheit. The ambient temperature shall be consistent with the requirements of the specific breed, the age of the animal, or that to which the animal is acclimated. Ambient temperatures below 50 degrees Fahrenheit may be acceptable for dogs so acclimated. 2) Ventilation. Housing for pet animals shall be ventilated with fresh or filtered air to minimize odors and moisture, and to provide for the health and comfort of the animals at all times. Means shall be provided to exhaust the air from the animal area to the outside of the building, which may be by natural or mechanical means. 3) Lighting. Housing for pet animals shall have well distributed natural or artificial light for routine inspections, and to facilitate routine cleaning and the proper care and maintenance of the pet animals. 4) Only the portions of the building or home designated as a dog breeding facility need meet the requirements set forth in this subparagraph d. e.Outdoor Facilities or Portions thereof. 1) Shelter from Sunlight. A shaded area will be provided to all dogs housed in an outdoor primary enclosure to allow protection from the direct rays of the sun. The shaded area provided shall be of a size directly proportional 35 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act'is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at B CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRNVelcome.do. to the size of the dog being protected and shall be positioned so that maximum shade protection is provided. 2) Shelter from Rain or Snow. A shelter will be provided to allow all dogs housed in an outdoor primary enclosure to remain dry during rain or snow. 3) Shelter from Cold Weather. Shelter shall be provided which is a moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat, made of durable material with a solid floor raised off the ground. For sled dogs a solid raised floor shall not be required. 4) Drainage. Outdoor enclosures shall be so designed and constructed to suitably demonstrate drainage to eliminate natural or other excess water, regardless of surfacing material. f.Spatial Requirements. 1) Temporary primary enclosures will have a minimum length equal to the length of dog from the tip of its nose to the base of its tail and shall allow a minimum clearance in height at the shoulders of 3 inches, while the dog is standing normally and permit the dog to turn around and lie down. The primary enclosures with these dimensions are to be used only when the dog is sleeping or eating,when the run or exercise areas are being cleaned, during behavior modification, or when the caretaker is absent from the facility for a period of less than 10 hours. These primary enclosures are not to be used for exercise or socialization areas. Primary enclosures with these dimensions will be used to house one dog only at any given time. Confinement in an enclosure of this size shall not exceed 18 hours per day. 2) Permanent primary enclosures which are used for housing other than when the dog is sleeping or eating, or when the exercise areas are being cleaned, and which do not have access to a run or exercise area shall be larger to allow the dogs additional space. Minimum space standards measured from the outside of the enclosure or by using the manufacturer's published list of measurements): Size of Doq Min. Space Hei ht Extra Small <10 inches high) 4.5 s . ft. 18 in. Small <16 inches high) 6 s . ft. 18-24 in. Medium <22 inches high) 9 s . ft. 24-33 in. Large <26 inches high) 12 s . ft. 33-39 in. Extra Large <30 inches high) 16 s . ft. 39-45 in. Giant (any dog >30 inches high) 20 s . ft. 45-48 in. 36 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act'is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRIwelcome.do. If more than one dog occupies these primary enclosures, space will be figured for the first dog, with each additional dog needing one-half of the minimum space required. 3) Whelping Areas. A whelping area will allow the mother to lie stretched out on her side, permitting all puppies to nurse. The number of puppies and the temperament of the mother will be an additional factor in determining the size of the whelping area. The bitch should have enough room to leave the whelping nest. As the puppies grow, the calculations for additional dogs as specified in Subsection B1f(2) immediately above shall apply. 4) Nursery. Primary enclosures for puppies from weaning to age 4 months will be large enough to accommodate all occupants, allowing them to turn around, stand up, lie down, exercise normal postural movements, and to encourage socialization and exercise. The calculations for additional dogs as specified in Subsection B1f(2) above shall apply. 5) Runs or primary enclosures that are indoor/outdoor in combination shall be deemed one exercise run or primary enclosure for measuring purposes and shall be measured from the extreme inside to the extreme outside. 6) Runs and Exercise Areas. The length of runs and exercise areas shall be a minimum of three times the length of the dog from the tip of the nose to the base of the tail; the width shall be not less than one-third of this figure plus six inches; and the height shall be 1Y:times the height of the dog at the shoulders, with the maximum required height of 48 inches and the minimum allowed of 18 inches. All dogs housed in temporary primary enclosures as specified in Subsection B1f(1) above shall be provided with runs or exercise areas and shall be permitted a minimum of 60 minutes of exercise within a 24 hour period. The licensee shall document in writing, and keep on file while the dog is in the facility, evidence of the exercise of these dogs. a) Runs and exercise areas may have wire flooring provided that the wire is of a gauge adequate to prevent sagging under the weight of the animal or injury to the animal's feet, and the mesh is small enough to prevent the animal's feet from passing through. b) Exercise areas do not need shelter or dog houses if they are not primary enclosures, but must have shade provided with the shaded area of a size directly proportional to the size of the dog to be shaded. 37 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act°is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRANelcome.do. 7) Turn out pens, paddocks, extra large exercise areas, or open fields will be permitted for supervised.training or exercise. Since dogs will not be left unsupervised, no shelter, dog house, shade or other structures are required to be in these areas. C. CARE AND HANDLING OF PET ANIMALS 1.Food and Water: a.Pet animals shall be fed consistent with the nutritional needs for the age of the animal, at least once a day, except when under special veterinary care. The food shall be of such nutritional value necessary to meet the normal daily requirements for the condition and size of the animal. Perishable food shall be refrigerated. b.Except when under special veterinary care, if potable water is not continually available to dogs, it must be offered to the dogs as often as necessary to prevent dehydration or heat prostration. C.Open food and water containers shall be accessible to the pet animal and located to minimize contamination by excreta. Disposable containers may be used if discarded after each use. Self feeders and waterers may be used if cleaned regularly. d.Other Cleaning. Water and food containers and all other utensils shall be cleaned and sanitized using heat or chemical sanitizing solution.A dishwasher which utilizes heat or chemical sanitizing solution may suffice. These containers shall be cleaned and sanitized as often as necessary to maintain sanitary conditions. 2.Classification and Separation: a.Housing. Animals housed together in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions. b.Females in season (estrus) shall not be kept in the same primary enclosure, run, or exercise areas with males, except for breeding purposes. C.Any dog exhibiting an aggressive behavior shall be housed individually in a primary enclosure, run, or exercise area. d.Puppies under the age of 4 months shall not be housed in the same primary enclosure, run, or exercise area with adult dogs other than their dam or foster dam, unless under direct supervision. e.No more than 5 dogs over six months of age may be housed in any one common area at any one time. Facilities may request annually, in writing, from the Commissioner a waiver from this requirement if they can demonstrate provision for the safety of dogs housed within common areas. 38 This copy of the text of the'Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act" is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http:l/www.sos.state.co.us/CCR/Welcome.do. f.Any bitch in whelp will be housed individually in a primary enclosure, pen, or exercise area a minimum of one week prior to the whelping date. g.Pet animals under quarantine or treatment for a suspected communicable disease shall be physically separated from other susceptible animals to minimize the dissemination of disease. h.Each pet animal shall be observed by the animal caretaker in charge, or by someone under the caretaker's direct supervision, on a daily basis. Sick, diseased or injured dogs shall be provided with timely veterinary care or disposed of in a humane manner, pursuant to§ 35-80-102(7). i. Dogs shall be groomed to prevent severely matted hair and overgrown nails and so that they have freedom of movement and can perform normal bodily functions. D. TRANSPORTING DOGS 1.Enclosures to Transport Dogs. a.Temporary enclosures, such as compartments, transport cages, or crates, if used to transport dogs shall be secured, water resistant,well constructed of cleanable material, and designed to protect the health and ensure the safety of the animals. Such enclosures shall have ventilation to ensure the comfort and health of the dogs at all times. b.Such enclosures shall be constructed or positioned in the vehicle in such a manner that: 1) Each animal in the vehicle has access to sufficient air for normal breathing. 2) The openings of such enclosures are accessible at all times for emergency removal of the animals. 3) The animals are afforded protection from the elements. 4) The animal areas of the vehicle shall be heated or cooled when necessary to prevent hypothermia or hyperthermia of the dogs being transported. C.Enclosures used to transport dogs shall be large enough to ensure that each animal contained therein has sufficient space to turn, stand, and lie down. Animals which are not conditioned to each other may not be transported in the same primary enclosure. d.Animals shall not be placed in enclosures over other animals in transit unless such enclosure is fitted with a floor of a material which prevents animal excreta from entering lower enclosures. 39 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act" is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCR/Welcome.do. e.Enclosures used to transport dogs shall be cleaned and sanitized between trips, or more often if necessary. f.Dogs shall be removed from the vehicle while in active transport a minimum of every 8 hours and allowed to urinate, defecate, and obtain exercise. The licensee shall document in writing, and keep on file while the dog is in the facility, evidence of the exercise of these dogs. 2.Food and Water. Food and water shall be provided consistent with the requirements of Subsection C above. 3.Classification and Separation. The same requirements of Subsection C above apply. 4. Vehicles. a.Vehicles used primarily in transporting dogs shall be equipped to provide fresh or filtered air to all animals being transported without injurious drafts. b.The animal cargo space shall be so constructed and maintained as to minimize the ingress of exhaust from the vehicle's engine. E. SANITATION 1.General Standards. a.Cleaning of Pet Animal Enclosures 1) Dogs shall be protected from exposure to water or chemical solution used in cleaning the primary enclosure. All surfaces of occupied primary enclosures shall be cleaned and sanitized as often as necessary to reduce disease hazards and odors, and to maintain sanitary conditions. 2) Hard Surfaced Runs and Pens. Cleaning shall be accomplished by washing all soiled surfaces with a detergent, followed by a safe and effective sanitizer. 3) Runs, Pens, and Exercise Areas. Gravel, sand, or soil shall be sanitized by removing the soiled gravel, sand, or soil and replacing it when the material is permeated with urine and/or fecal matter that is not removable without removing the material, or when odors are present. b.Housekeeping. Premises (building and grounds)shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices. Premises shall remain free of accumulations of trash. C.Waste Disposal. Animal and food wastes, bedding, dead animals, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and.nuisances are minimized. Such wastes shall be removed 40 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCR/Welcome.do. at least weekly from the facility. As to dead animals, the licensee may wish to refer to§ 25-1-612, C.R.S., as amended and any local ordinance or rules and regulations concerning proper disposal. d.Pest Control. Insects, parasites, and avian and mammalian pests shall be controlled. e.Storage. Supplies of food and bedding shall be stored off the floor or in waterproof closed containers and protected against infestation or contamination by vermin. 2. Whelping Areas/Nursery a.Whelping areas and nurseries shall be kept clean and sanitized to minimize disease spread by infectious agents. b.When a separate whelping area/nursery is provided, only a visual inspection by the Department will be conducted if whelping is in progress or if the nursery is occupied. If entry is deemed necessary by the inspector, then unused, clean protective clothing and footwear must be worn. F.RECORDS 1.Requirements: a.Sales Records. Records of all sales or disposition of pet animals shall be kept by the breeder facility for two years from the date of the transaction, with the records kept at the address specified in the license application. Sales records shall include the date of transaction, breed, specific identifying characteristics (if available), gender and date of birth or age of the dog, and the name and address of the purchaser. b.Purchase Records. Records of purchases shall also be maintained for at least 2 years, with the records kept at the address specified in the license application. Purchase records shall include the date of the transaction, the name and address of the seller, and the number, breed, specific identifying characteristics (if available), gender and date of birth or age of the animals received. C.A maintenance record shall be kept on each dog housed permanently at the facility. These records shall include the name of dog, breed, date of birth, gender, color and any other identifying characteristics. d.Veterinary Treatment Records. Treatment records shall be kept on all dogs that receive any medications and/or immunizations used in the treatment or prevention of illness, or the treatment of injury,while in the care of the dog breeder facility. These records shall include the identification of the dog receiving medical treatment, the name of the medication and/or immunization used, the amount of medication used, and the time and date on which the medication 41 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRNVelcome.do. and/or immunization was administered. These records shall be kept at the dog breeder facility for a period of 60 days after the sale of the dog. e.Written disclosure of all treatments involving immunizations, medications, anthelmintics (dewormers) and all other treatments for parasites, administered thirty days prior to transfer, shall be provided to the purchaser of the dog at the time of the sale. A record detailing the product used, the dosage and the date administered shall be provided to the purchaser at the time of sale. f.Availability. The above records shall be available to any inspector authorized by the Department at all reasonable times during business hours, or at other mutually agreeable times. g.Yearly Reports. The licensee shall report to the Commissioner on a yearly basis the numbers of transfers and litters to accurately determine licensing status. These figures shall be reported as set forth in Section 5.00 of these rules and regulations. G. SALE OR TRANSFER 1.Reasonable care shall be taken to release for sale, trade or adoption only those dogs that are free of undisclosed disease, injury or abnormality. 2.It is unlawful to sell, transfer or adopt dogs under the age of 8 weeks. H. INSPECTIONS The facility inspector shall follow Department protocols concerning disinfection of footwear. 13.00 BIRD BREEDER FACILITY REGULATIONS A. LICENSE 1.Bird Facility. Any person engaged in the operation of breeding and raising birds who transfers more than 30 birds per year must hold a valid license issued by the Commissioner pursuant to PACFA and Sections 2.00 and 3.00 of these rules and regulations. The twelve month license period shall commence the first working day of March and must be renewed on or before the first working day of March the following calendar year. 2.Licensure for Psittacine Bird Breeders. There shall be two subclassifications for psittacine bird breeder licenses: Psittacine Subclassification#1: Common Psittacines: Budgerigars, Cockatiels, Love Birds Psittacine Subclassification #2: 42 This copy of the text of the"Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act"is provided as a convenience to the public by the Colorado Department of Agriculture and does not constitute an official publication of these Rules. The official version of these Rules is published by the Office of the Secretary of State in the Colorado Code of Regulations at 8 CCR 1201-11 and may be obtained from the following website: http://www.sos.state.co.us/CCRANelcome.do. PUBLIC HEARING NOTICE TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: Monday, August 17, 2009 TIME: During a meeting which begins at 4:00 P.M. or at such time thereafter that the item appears on the agenda of the Town Council. WHERE: Town Council Chambers Town Hall, 151 Floor 0130 Kearns Road Snowmass Village, CO WHY: To receive public comment on an application by the Aspen Skiing Company proposing a Minor Planned Unit Development (PUD) for Snowmass Club Employee Housing on Lot 1, Parcel 4 of the Snowmass Club P.U.D. Subdivision, generally located east of Clubhouse Drive and the existing tennis structure and above the existing loading dock area for the Club. CODE: The application is being processed in accordance with Section 16A-5-390, Amendment of Final PUD, of the Town of Snowmass Village Land Use and Development Code. INFO: The application proposes adding an approximate 2,872 square foot 10-bedroom dormitory style, seasonal employee housing unit with common area on the second level exterior deck space above the Club building's loading and service area, which is next to the tennis structure, together with a requested mitigation credit, plus the conversion of an approximate 672 square foot storage room on the same level to an office. Further information regarding the proposal is available for inspection at the Town of Snowmass Village Planning Department or by telephone at (970) 923-5524 during normal business hours. Written comments are encouraged and will be accepted until the close of the public hearing. For inclusion of written comments in the staff report, submissions must be received a minimum of 10 days prior to the public hearing to the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attention: Jim Wahlstrom, Senior Planner Additional public hearings may be held before the Town Council at later dates, for which only published notice may occur. Town Clerk Telephone: 923-3777 Internet access to Council email: hftp://www.tosv.com Citizen Feedback Hotline: 922-6727 clerk aC )tosv.com Printed in the Snowmass Sun on July 29, 2009. MEMORANDUM TO: Town Council members FROM: Planning Department DATE: August 17, 2009 meeting SUBJECT: Snowmass Club Employee Housing Minor PUD Amendment This meeting is for the purpose of beginning a review of the proposed employee housing unit at the Snowmass Club via a Minor PUD Amendment application dated May 11, 2009, which was updated August 1, 2009 with supplemental information provided to the Planning Commission and staff, processed pursuant to Municipal Code Section 16A-5-390, Amendment of Final PUD. The unit is proposed on the second level of the existing Snowmass Club building location on Lot 1 of the Snowmass Club PUD Subdivision near the tennis structure. Applicant: Aspen Skiing Company, represented by: Mr. Don Schuster, Vice President of Real Estate Development; Dana Dalla Betta, Project Manager Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED. The purposes of the meeting are to: a. Hear a presentation of the proposal by the applicant; b. Conduct a detailed review of the proposed changes; and c. Consider the comments and recommendations of the Town staff; No action is required for this meeting other than to provide direction to staff in preparing findings and possible conditions for placement in a subsequent ordinance. 11. BACKGROUND. In April 2000, Ordinance No. 3, Series of 2000, Council approved the Final PUD for the Snowmass Club Phase I project, which included demolition of the previous 76 room lodge for 30 fractional condominium units on Lot 2, Parcel 4 in addition with expansion of the Club floor area to 55,998 square feet that includes the athletic club, retail, restaurant, meeting and public space on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision together with demolition, relocation and expansion of the golf course maintenance facility, the provision of up to 500 parking spaces on Parcels 4 and 10, and 61 new employee housing units housing up to 154 bedrooms, known as Club Commons I on Parcel 12. 1 In April 2002, Ordinance No. 3, Series of 2002, granted approval to the Snowmass Club Phase II Final PUD that included building 21 fractional condominium units in two buildings on Lot 3, Parcel 4 as well as a new tennis structure and reconfiguration of on-site parking on Lot 1, Parcel 4 of the Snowmass Club Phases I & II Re-plat. The proposal also included redevelopment of the golf course and replacement clubhouse on Parcel 10, Brush Creek stream restoration and new trail connections. The current application was initially received on May 12, 2009 and deemed complete as of May 26, 2009. The application was referred for review and comment to the Planning Department, the Town Attorney's Office, the Building Department, the Housing Department, the Transportation Department, Public Works, the Town Engineer, the Town's Environmental consultant, the Snowmass Water and Sanitation District, and the Snowmass-Wildcat Fire Protection District. Comments were requested by June 15, 2009. The referral agencies that responded in writing included the Planning Department via this report and the Town's Environmental consultant (see the letter dated May 29, 2009 in the updated application notebook behind the 'Construction Management' tab). III. SUMMARY DESCRIPTION OF PROJECT. A summary of the proposed changes in the Minor PUD Amendment application includes: Adding a 10-bedroom dormitory style, seasonal employee housing unit with common area on the second level exterior deck space all containing 2,872 square feet above the Club building's loading and service area, which is next to the tennis structure. The applicant is seeking a mitigation credit for the housing. Expanded dining/locker room facilities of 511 square feet for the existing employees. Converting 672 square feet of existing storage space into office space, also on the second level of the Club building. IV. APPLICABLE REGULATIONS. Amendment to Final PUD. For the proposed changes to qualify as a 'Minor Amendment' pursuant to Code Section 16A-5-390(1)b, meaning a one-step review before the Planning Commission and the Town Council, the amendments must comply with the review standards outlined below per Section 16A-5-390(3): a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. 2 d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. The Town Council should be satisfied that the above criteria have been met and state as such as findings in their ordinance. If such criteria cannot be met, such proposal should be considered a major amendment to the Final PUD triggering the need for Preliminary Plan and Final PUD reviews at minimum and additional application submission requirements. Final PUD Guide land uses and development parameters. As the proposed employee unit is located on Lot 1 of the Snowmass Club PUD Subdivision, which is currently zoned 'PUD,' the allowed land uses and development parameters include: Permitted uses: Athletic Club, Restaurant, Tennis Complex, Child Care Facility, Offices, Restricted Housing. Number of Units: 1 Unit Size: 1,691 square feet Athletic Club and Restaurant Parking: 56 Spaces North Surface Parking: 40 Spaces According to the Schedule of Uses in the Land Use Code, 'Dormitory' style units are most typically an allowed usage, or by special review, in Mixed-Use PUD, a Mixed- Use, or Multi-Family zone districts. Public Notification. Pursuant to Section 16A-5-60, Minor PUD Amendments require a 15-day notice period. The notice of the public hearing was published in the Snowmass Sun on July 29, 2009. The applicant delivered the signed affidavits for the mailing and posting of the public hearing notice. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOGETHER WITH SUMMARY OF FINDINGS AND RECOMMENDATIONS CORE ISSUES: The application attempts to demonstrate compliance with the Municipal Code's review and approval criteria. Staff finds that for a Minor PUD Amendment level of review the following core issues should be reviewed, with the critical ones being: Employee housing requirements /mitigation Parking Building massing and architectural design Location. The proposed unit with 10-bedroom would be located above the existing loading dock area for the Club. 3 Planning Commission findings/ recommendations: The Planning Commission expressed no issues concerning the location of the proposed employee housing unit. Staff comment/ recommendation: It would appear that another location other than a receiving area, which would likely take early morning deliveries, might be better suited for residential uses. Noise, vibrations and odors may be a concern with the residents. Buildout. Since the proposal would be for employee housing, the number of units and bedrooms would not require an increase to the Town's Buildout Chart. Planning Commission findings/ recommendations: None provided on this issue. Any required buildout variation is subject to Town Council prerogative. Staff recommendation: The additional unit should not necessarily trigger an amendment to the Town's Buildout Chart as there is no specific square footage designation for the type of usages proposes. The proposed addition of 3,383 gross square feet represents roughly 3% of the total floor area in Parcel 4 of 110,787 square feet. Employee Housing Requirements/ Mitigation. For the proposed unit with 10 bedrooms, the applicant is requesting a mitigation credit of 2,872 square feet, including the bedrooms, bathrooms and unit common area, but not including the changes to the employee dining room. In combination, these areas average to 287 square feet per employee, thus meeting the minimum seasonal housing square footage of 224 square feet for private and common living space. A 672 square foot office is proposed in lieu of the existing storage space. Even though the application states that such expanded office space would trigger no new employees, per the Code such an office space would generate an employee housing requirement of 498 square feet (e.g., 672 SF x 3.68/1,000 SF x 448 x 0,45%). In accordance with the 1999 Phase I Club approvals, it revealed that there was no employee housing mitigation required at the time and that the Club Commons I project was being provided by the applicant to create as many units as possible to help satisfy the town-wide demand for restricted housing. As a result of this history, staff finds that there should be no credit for an existing office space in a conference space within the Club if the storage area on the second level would be converted to an office. Staff finds that the added office, whether currently existing or proposed for relocation to the storage room area, has not been previously mitigated. Planning Commission findings/ recommendations: The proposed unit of 2,872 square feet, includes the 10 bedrooms, bathrooms and unit common area, but not including the changes to the employee dining room. The combination of these areas with the living and common area average to 287 square feet per employee, thus fulfilling the minimum seasonal housing square footage of 224 square feet for private and common living space. 4 In consideration of past approvals and historic context, the applicant should not receive credit for previously locating the existing office space in the Capital conference room, as is now proposed to be relocated in the converted storage space, as that office usage was not previously mitigated or accounted for in 1999. Pursuant to the Land Use Code, the Town Council, at its sole discretion, may grant to the developer employee housing credits in exchange for developable land. Considering such standard and the representations made by the applicant, the housing credit should be assigned solely to the future planned redevelopment of the Elk Camp Restaurant as suggested by the applicant. If the housing is not fully occupied, the Town should have the ability to fill unoccupied bedrooms to any qualified Snowmass Village employee on a seasonal basis. Staff recommendation: The mitigation credit if approved, should only be in the amount of 2,374 square feet to account for the Code required employee housing generated by the conversion of the storage space into an office. Also, the proposed mitigation credit assumes a future development would be approved that has an employee housing requirement. If the housing credit is granted, it would be subject to review by the Town of a proposed development application, if approved. Parking. According to the application materials, the residency in the new units will be restricted to those employees who do not own a vehicle and that requirements would be written into lease agreements which will prohibit any on-site parking for the employee housing units. Plannina Commission findings/ recommendations: In consideration of the alternative parking section of the Municipal Code, the existing parking facilities on the site are already constrained as far as meeting the parking demands, and the new employee unit with 10-bedrooms, despite the applicant restricting residents in this unit to not having vehicles by lease agreement, could increase the level of activities, guest or visitor arrivals to the site. Therefore, the applicant should provide an enhanced parking management strategy that also identifies the addition and installation of a minimum five (5) new parking spaces proximate to the Club. Staff recommendation. The proposed lease agreement language should be submitted for review. The concern is that employees may obtain a vehicle for usage later and attempt to store it elsewhere within the Town rather than on-site, which already has a constrained parking situation. Architecture/Building Elevations: The application materials provide the before and after floor plans and building elevations together with colored perspectives illustrating the proposed changes. Planning Commission findings/ recommendations: The proposed second level employee unit addition above the loading dock appears discreet and would not noticeably increase the scale and mass of the Club building as a whole as viewed from surrounding buildings and public ways. The building 5 elevations and exterior finishes for the proposed unit addition appear to acceptably demonstrate compatibility of design with the main Club building. Staff comments/ recommendations: The colored perspectives provided from Clubhouse Drive and Highline Road appear to show that the addition would blend with the existing exterior finishes and color schemes on the existing Club. The addition would appear to not necessarily increase the mass of the structure as viewed from these perspectives because the predominant backdrop shows the existing three-story Club facilities and condominium complex. Construction Management. The application initially provided a construction management plan that was subsequently updated to respond to the Town's Environmental consultant comments dated May 29, 2009 (see the updated application notebook behind the 'Construction Management' tab). Planning Commission findings/ recommendations: The updated Construction Management Plan appears satisfactory and adequately complies with Ordinance No. 12, Series of 2007. Staff recommendation: The applicant's response dated June 1, 2009 and received June 29, 2009 to the initial Town environmental consultant's comments were satisfactorily addressed concerning compliance with town-wide construction management plan requirements in Ordinance No. 12, Series of 2007. See the second round response from the Town's Environmental consultant dated June 30, 2009. See both correspondence pieces in the updated application notebook behind the Construction Management' tab. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1: Aerial photo of affected site; 2. Subdivision plat of the affected area; 3. Site plan superimposing the lot line boundaries; and 4. Signed Planning Commission Resolution No. 12, Series of 2009. Separate Enclosure: Application notebook dated May 11, 2009, updated August 1, 2009 to incorporate supplemental information provided to the Planning Commission, as well as 11" x 17" drawing sets of the before and after floor plans and building elevations together with colored perspectives illustrating the proposed changes. VII. NEXT STEPS Continue the public hearing to the next meeting; and If desired, direct staff to prepare an ordinance for consideration at the next meeting. 6 ATTACHMENT 1 Snowmass Club Employee Housing TC Report 08-17-09 nt t SWSD f Property 6 SPO tllFe• d Tennis Building o4goO P Location for Phase I proposed employee condominium dormitory style unit units Phase II fractional units Snowmass Club t 20' SNOWMASS WATER AND SANITATION I I O' DISTRICT EA PAGE 7n 1 i 0 yob ATTACHMENT Z BOOK 283, PACE s A Snowmass Club Employee Housing TC Report 08-27-09 mar Pair 4F Anolivivlw cor2 N89°47'28NE 41.60 BOOK 343, PAGE 53 0 \ o z LOT 2 3` p, R 0 eAREA=/1.378 AC. f c,, fI U, BOOK to e APPROX f SANITARY SEWER EASEMENT 3 BOOK 484, PAGE 897 fJ sg70' HOLY CROSS I 1 WAITER D SANITATIONMELECTRIC K 27 EASEMENT S24°04'52"E \ 'DISTRICT EASEMENTBOOK273, PAGE 778 / 32.36' I \ PER RECORDED PUT 20' SNO,WMASS 7 O O I I' 11 3¢,/ ;.wv i C _F 1 WATER AND SANITATION DISTRICT EASEMENT i a i N19 34 05 W QS• `S I If V \ BOOK 285, PAGE 353 / N y'94.75' e? S"M, ENT ii' --' .'' 64.68' I I SI9°46'36"E S25°52'42"W 23.43' A I N a' HOLY CROSS WATER SANITATION 64.35 ELECTRIC .PAC ENT PER RECORDED EASEMENT S71°03'42"W BOOK 273, PACE 778 20' ELECTR 3jABB 35 FOOT SNOWMASS O PER RECORDED PUT WAR AND SANITATIONAA BOOK DISTRICT EASEMENT 20' RAN EASEMENTBOOK283. PACE 773 I TO TRANSFORMER PAD PER RECORDED PUT n RD WADISTRICT BOOK 21 0 N Y 3 LIMIT OF EASEMENT -- C I RCL E 158.( 100 YEAR FLOW N000531 re)OF BRUSH CREEK 14)PER RECORDED PLAT L=277.05' N LIMIT OF EFL66b11OFYEARFLOOD N M Lf) --_--__ J +, F W ND BENT 37520 0" OF BRUSH CREE) O REBAR CFI=S80e26'46"W PER RECORDED I 0 272.17' 10' GENERALUTILITYEASEMENT L=279.32' f J L 0 mii 1 " i wG`\ I 11i I`1 T/i.. ' f CI 4 J I' 0 i.1.. f.T\J I N s r1.•Y ., i:: L a? i7/ w''" f, 'off.' 4srr• n\. w-. l • u y I Fl 4 n ATTACHMENT 4 TOWN OF SNOWMASS VILLAGE Snowmass Club Employee Housing PLANNING COMMISSION TC Report 08-17-09 RESOLUTION No. 12 SERIES OF 2009 A RESOLUTION PROVIDING RECOMMENDATIONS TO THE TOWN COUNCIL CONCERNING THE SNOWMASS CLUB EMPLOYEE HOUSING MINOR PLANNED UNIT DEVELOPMENT(PUD) AMENDMENT. WHEREAS, in April 2000 via Ordinance No. 3, Series of 2000, Town Council approved the Final PUD for the Snowmass Club Phase I project, which included demolition of the previous 76 room lodge for 30 fractional condominium units on Lot 2, Parcel 4 in addition with expansion of the Club floor area to 55,998 square feet that includes the athletic club, retail, restaurant, meeting and public space on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision together with demolition, relocation and expansion of the golf course maintenance facility, the provision of up to 500 parking spaces on Parcels 4 and 10, and 61 new employee housing units housing up to 154 bedrooms, known as Club Commons I on Parcel 12; and WHEREAS, in April 2002 via Ordinance No. 3, Series of 2002, Town Council granted approval to the Snowmass Club Phase II Final PUD that included building 21 fractional condominium units in two buildings on Lot 3, Parcel 4 as well as a new tennis structure and reconfiguration of on-site parking on Lot 1, Parcel 4 of the Snowmass Club Phases I & II Re-plat, which proposal also included redevelopment of the golf course and replacement clubhouse on Parcel 10, Brush Creek stream restoration and new trail connections; and WHEREAS, the Aspen Skiing Company, sole member and manager of the Snowmass Club Associates, LLC ("Applicant") initially submitted on May 12, 2009 a Minor PUD Amendment dated May 11, 2009 that was deemed complete as of May 26, 2009 for referral and review purposes, which application proposes adding an approximate 2,872 square foot 10-bedroom dormitory style, seasonal employee housing unit with common area on the second level exterior deck space above the Club building's loading and service area, which is next to the tennis structure, together with a requested mitigation credit, plus the conversion of an approximate 672 square foot storage room on the same level to an office; and WHEREAS, the application was referred for review and comment to the Planning Department, the Town Attorney's Office, the Building Department, the Housing Department, the Transportation Department, Public Works, the Town Engineer, the Town's Environmental consultant, the Snowmass Water and Sanitation District, and the Snowmass-Wildcat Fire Protection District, with review comments were requested by June 15, 2009; and WHEREAS, the Planning Commission was scheduled to review the application on July 1, 2009 and on July 15, 2009 to consider the application, consider staff comments and recommendations, and to take action upon this resolution; and PC Reso 09-12 Page 2 of 4 WHEREAS, the application was reviewed and processed in accordance with the provisions outlined in Sections 16A-5-390 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: Findings and Recommendations. The Planning Commission hereby generally finds or recommends that: General Findings— 1) The submission requirements for the application were adequately provided pursuant to Sections 16A-5-40 and 390 of the Municipal Code, and included written and graphic materials in sufficient detail to deem the application complete for review. 2) The application does not appear to conflict with other goals, objectives and policies of the Comprehensive Plan adopted by Ordinance No. 22, Series of 1999, in that: a) It would help to encourage and support a variety of affordable housing types, sizes and price ranges to serve the needs of all employees; b) It would provide seasonal housing as intended to be available to single-season employees; c) It would integrate employee units into an existing Town neighborhood; d) It would integrate employee housing into commercial development located in close proximity to services and jobs; e) It would be consistent with the policy of not giving "credits" in-lieu of actual housing units to satisfy development mitigation requirements; and f) It encourages employers to construct or acquire their own employee housing. Architectural Building Design — 3) According to Section 16A-4-340, 'Building design quildelines to improve community character,' the proposed second level employee unit addition above the loading dock on the east side of the Club building and next the tennis structures appears discreet and would not noticeably increase the scale and mass of the Club building as a whole as viewed from surrounding buildings and public ways, and the building elevations and exterior finishes for the proposed unit addition appears to acceptably demonstrates compatibility of design with the main Club building. Off-Street Parking — 4) In accordance with Section 16A-4-310, 'Off-street parking standards,' in the alternative parking section of the Municipal Code, the existing parking facilities on the site are already constrained as far as meeting the parking demands, and the new employee unit with 10-bedrooms, despite the applicant restricting residents in this unit to not having vehicles by lease agreement, such proposed housing could increase the level of activities, guest or visitor arrivals to the site. Therefore, the applicant should provide an enhanced parking management strategy that also identifies the addition and installation of a minimum five (5) new parking spaces proximate to the Club. PC Reso 09-12 Page 3 of 4 Employee Housing— 5) Pursuant to Section 16A-5-410, Restricted housing requirements, of the Municipal Code, the proposed unit of 2,872 square feet, including the 10 bedrooms, bathrooms and unit common area, but not including the changes to the employee dining room, the combination of these areas living and common area average to 287 square feet per employee, thus fulfilling the minimum seasonal housing square footage of 224 square feet for private and common living space. 6) According to the 1999 Phase I Snowmass Club applications, the proposed improvements at that time would not generate employees which were additional to those that operated the Club in 1999, despite that fact that the Club facilities increased from 41,029 to 55,998 square feet for the athletic club, retail, restaurant, meeting and public space. Therefore, if the requested mitigation credit of 2,872 square feet is applied for the proposed unit, then the 672 square foot conversion from storage to office space that would generate an employee housing requirement of 499 square feet (e.g., 672 SF x 3.68/1,000 SF x 448 x 0.45%) should be debited from the requested 2,872 square foot housing credit. As a result, pursuant to the presentation made by the applicant at the July 1, 2009 meeting and according to the Municipal Code methods for calculating required employee housing, the applicant should not receive credit for previously locating the existing office space in the Capital conference room, as is now proposed to be relocated in the converted storage space, as that office usage was not previously mitigated or accounted for in 1999. 7) According to Section 16A-4-420(2)c, 'Other means' and subsection 2, 'Land for credits,' of the Municipal Code, the Town Council, at its sole discretion, may grant to the ' developer employee housing credits in exchange for developable land. Considering such standard, the applicant represented at the meeting on July 1, 2009 that they had no need for such employee housing to meet the demands at the Club at this time, and the applicant requests to building the employee housing with the intent to occupy it depending on the demand elsewhere or until new development is proposed, reviewed, approved and built. If this is the case, the housing credit should be assigned solely to the future planned redevelopment of the Elk Camp Restaurant as suggested by the applicant. If the housing is not fully occupied, the Town should have the ability to fill unoccupied bedrooms to any qualified Snowmass Village employee on a seasonal basis. Other Core Issues— 8) The Construction Management Plan appears satisfactory and adequately complies with Ordinance No. 12, Series of 2007. 9) The proposed application seems to satisfactorily qualify as a 'Minor Amendment' pursuant to Code Section 16A-5-390(1)b, meaning a one-step review before the Planning Commission and the Town Council, the amendment appears to satisfactorily comply with the review standards outlined below per Section 16A-5- 390(3) as follows: PC Reso 09-12 Page 4 of 4 a) The proposed amendment seems consistent with, or an enhancement of, the original PUD approval; b) The proposed amendment appears to not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or appears to have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property; c) The proposed amendment would not appear to change the basic character of the PUD or surrounding areas; and d) The proposed amendment seems to comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. Section Two: Action. The Planning Commission recommends that the Town Council grant the approval, subject to implementation of the recommendations in Section One of this resolution, of the Minor PUD Amendment, and subject to Town Council's comprehensive review of the application. Section Three: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ, AND APPROVED, as amended, by the Planning Commission of the Town of Snowmass Village on July 15'", 2009 upon a motion by Planning Commission Member Sirkus, the second of Planning Commission Member Crouch, and upon a vote of 6 in favor and 0 against (Planning Commission Member Yocum absent). TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION z t_ Bob Purvis, Chairman ATTEST: krist4iolliday, Planning 091nmission Secretary MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director Hunt Walker, Public Works Director DATE: August 17, 2009 SUBJECT: RESOLUTION NO. 19, SERIES OF 2009—SUPPORTING GREAT OUTDOORS COLORADO (GOCO) PLANNING GRANT APPLICATION FOR THE ENTRYWAY PARKS AND RECREATION PLAN I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL Approve Resolution No. 20, Series of 2009, supporting the grant application for a Local Parks and Outdoor Recreation Planning Grant from the State Board of the Great Outdoors Colorado for the Snowmass Village Entryway Parks and Recreation Plan. This resolution is a required application component for grant eligibility. II. DISCUSSION Great Outdoors Colorado (GOCO) requires a resolution of support from the governing body of any agency submitting a 2009 Local Parks and Outdoor Recreation Planning Grant application. The 2009 Planning Grant cycle has an August 26, 2009 application deadline. Staff is in the process of developing a Local Parks and Outdoor Recreation Planning Grant application in request of$75;000 for an Entryway Parks and Recreation Plan. The plan will examine opportunities concerning the rodeo arena and contestant parking area, the pond and wetlands, and the Town's 7- Star parcel. Plan components are envisioned to include an outdoor multi-purpose arena, wetland and pond enhancements, such as a new nature trail and enhanced fishing and boating opportunities, as well as, perhaps, an environmental education center. GOCO will fund up to 75% of eligible planning costs up to $75,000. Staff anticipates that the proposed planning effort will cost approximately $100,000; therefore, $75,000 is being requested. As such, a community match totaling $25,000 will need to be provided by the Town. At least $10,000 of the required match shall be a cash contribution, while the remaining $15,000 may be provided as cash or in-kind services. The resolution states that the required match would be appropriated upon being awarded the requested grant. Grant awards are expected to be decided on December 2, 2009. III. STAFF RECOMMENDATION Approve Resolution No. 19, Series of 2009, and direct staff to proceed with submitting the proposed 2009 Planning Grant application. 1 Town of Snowmass Village 2 Town Council 3 4 Resolution No. 19 5 Series of 2009 6 7 8 Supporting the Grant Application for a Local Parks and Outdoor Recreation 9 Planning Grant from the State Board of the Great Outdoors Colorado for 10 the Snowmass Village Entryway Parks and Recreation Plan 11 12 WHEREAS, the Town of Snowmass Village is requesting SEVENTY FIVE 13 THOUSAND DOLLARS ($75,000) from Great Outdoors Colorado to complete a 14 site-specific plan to design new recreational facilities and amenities to complete 15 the Snowmass Village Entryway Parks and Recreation Complex, and 16 17 WHEREAS, Great Outdoors Colorado requires that the Town council of the 18 Town of Snowmass Village state its support for the Great Outdoors Colorado 19 grant application for the Entryway Parks and Recreation Plan. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE by the Town Council of the 22 Town of Snowmass Village, that: 23 24 Section One: The Town Council of the Town of Snowmass Village strongly 25 supports the application to Great Outdoors Colorado for the Snowmass Village 26 Entryway Parks and Recreation Plan. 27 28 Section Two: The Town Council of the Town of Snowmass Village 29 acknowledges that the grant application includes matching funds which the Town 30 of Snowmass Village is solely responsible to provide if a grant is awarded. 31 32 Section Three: The Town Council of the Town of Snowmass Village will 33 appropriate those matching funds and authorizes the expenditure of funds 34 necessary to meet the terms and obligations of any Grant awarded. 35 36 Section Four: This resolution shall be in full force and effect from'and after its 37 passage and approval. 38 39 Section Five: Severability. If any provision of this Resolution or application 40 hereof to any person or circumstance is held invalid, the invalidity shall not affect 41 any other provision or application of this Resolution which can be given effect 42 without the invalid provision or application, and, to this end, the provisions of this 43 Resolution are severable. 44 45 1 46 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 47 Snowmass Village on August 17, 2009 upon a motion by Council 48 Member I the second of Council 49 Member and upon a vote of in favor 50 and opposed. 51 52 53 TOWN OF SNOWMASS VILLAGE 54 55 56 57 58 Bill Boineau, Mayor 59 60 ATTEST: 61 62 63 64 65 Rhonda Coxon, Town Clerk 66 67 68 APPROVED AS TO FORM: 69 70 71 72 73 John Dresser, Town Attorney 2 MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director Hunt Walker, Public Works Director DATE: August 17, 2009 SUBJECT: RESOLUTION NO. 20, SERIES OF 2009 — SUPPORTING GREAT OUTDOORS COLORADO (GOCO) MINI-GRANT APPLICATION FOR ENTRYWAY PARKS AND RECREATION IMPROVEMENTS I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL Approve Resolution No. 20, Series of 2009, supporting the grant application for a Mini-Grant from the State Board of the Great Outdoors Colorado for the Snowmass Village Entryway Parks and Recreation Improvements. This resolution is a required application component for grant eligibility. II. DISCUSSION Great Outdoors Colorado (GOCO) requires a resolution of support from the governing body of any agency submitting a 2009 Mini-Grant application. The 2009 Mini-Grant cycle has an August 26, 2009 application deadline. Staff is in the process of developing a Mini-Grant application in request of$45,000 for improvements to the Entryway Parks and Recreation Complex. Such improvements are expected to include benches, picnic tables, and shade trees and/or structures to be disbursed throughout the existing park areas. A new Frisbee golf course is also expected to be included in the request. The total project cost of a Mini-Grant project cannot exceed $60,000, and the maximum grant request for a Mini-Grant is $45,000. As such, a community match totaling $15,000 will need to be provided by the Town. At least $6,000 of the required match shall be a cash contribution, while the remaining 9,000 may be provided as cash or in-kind services. The resolution states that the required match would be appropriated upon being awarded the requested grant. The resolution also states that the Town expects to retain ownership of the underlying land for the next 25 years, and that the Town will continue to maintain the proposed improvements in a high-quality condition over time. Grant awards are expected to be decided on December 2, 2009. ill. STAFF RECOMMENDATION Approve Resolution No. 20, Series of 2009, and direct staff to proceed with submitting the proposed 2009 Mini-Grant application. I Town of Snowmass Village 2 Town Council 3 4 Resolution No. 20 5 Series of 2009 6 7 8 Supporting the Grant Application for a Mini-Grant from the State Board of 9 the Great Outdoors Colorado for the Snowmass Village Entryway Parks 10 and Recreation Improvements 11 12 WHEREAS, the Town of Snowmass Village is requesting FORTY FIVE 13 THOUSAND DOLLARS ($45,000) from Great Outdoors Colorado to develop new 14 recreational facilities and amenities to complete the Snowmass Village Entryway 15 Parks and Recreation Complex, and 16 17 WHEREAS, the Town Council of the Town of Snowmass Village supports the 18 Great Outdoors Colorado grant application for the Entryway Parks and 19 Recreation Improvements. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE by the Town Council of the 22 Town of Snowmass Village, that: 23 24 Section One: The Town Council of the Town of Snowmass Village strongly 25 supports the application to Great Outdoors Colorado for the Snowmass Village 26 Entryway Parks and Recreation Improvements. 27 28 Section Two: The Town Council of the Town of Snowmass Village 29 acknowledges that the grant application includes matching funds which the Town 30 of Snowmass Village is solely responsible to provide if a grant is awarded. 31 32 Section Three: The project site is owned by the Town of Snowmass Village and 33 is fully expected to be owned by the Town of Snowmass Village for the next 25 34 years. 35 36 Section Four: The Town Council of the Town of Snowmass Village will 37 appropriate those matching funds and authorize the expenditure of funds 38 necessary to meet the terms and obligations of any Grant awarded. 39 40 Section Five: The Town Council of the Town of Snowmass Village will continue 41 to maintain the Snowmass Village Entryway Parks and Recreation Improvements 42 in a high quality condition and will appropriate funds for maintenance in its annual 43 budget. 44 45 Section Six: The Town of Snowmass Village has the ability to complete this 46 project and has demonstrated this ability in numerous past projects, including the 1 47 Snowmass Village Recreation Center Project completed in 2006 and the 48 Entryway Park skateboard park, volleyball courts, basketball court, tennis courts, 49 playground, parking lot, transit center, and information booths completed in 2008 50 and 2009. 51 52 Section Seven: This resolution shall be in full force and effect from and after its 53 passage and approval. 54 55 Section Eight: Severability. If any provision of this Resolution or application 56 hereof to any person or circumstance is held invalid, the invalidity shall not affect 57 any other provision or application of this Resolution which can be given effect 58 without the invalid provision or application, and, to this end, the provisions of this 59 Resolution are severable. 60 61 62 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 63 Snowmass Village on August 17, 2009 upon a motion by Council 64 Member I the second of Council 65 Member and upon a vote of in favor 66 and opposed. 67 68 69 TOWN OF SNOWMASS VILLAGE 70 71 72 73 74 Bill Boineau, Mayor 75 76 ATTEST: 77 78 79 80 81 Rhonda Coxon, Town Clerk 82 83 84 APPROVED AS TO FORM: 85 86 87 88 89 John Dresser, Town Attorney 2 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: August 17, 2009 Aspen School District Housing Proposal On August 17'h, staff anticipates providing Council with an update on discussions to date on the Aspen School District's proposal to develop an affordable housing project beside Anderson Ranch. Distinguished Budget Presentation Award for the 2009 Budget Document. The Town of Snowmass Village received the Distinguished Budget Presentation Award for the 2009 Budget Document. This award is presented from an independent panel of reviewers on behalf of the Government Finance Officers Association. This award is the highest form of recognition in governmental budgeting and its attainment represents a significant achievement by the Town's organization. This award was made possible by the work of the Town's Finance Department. Summary of Ongoing and Pending Strategic Actions Last Updated—July 28, 2009 Staff Action Status Date to follow-up w/ Contact Council Land Use Comp. Plan Comprehensive Completed sections with edits will be Will be scheduled Team Plan Update forwarded to Council and staff will provide a with Council until memo on a chapter that highlights major approved. Ongoing changes in each chapter prior to it being discussed with the Town Council Chris Conrad Local Retail Tool Council asked that an ordinance be prepared August 17, 2009 John Dresser Box & Demolition 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 land mark ordinance for discussion in the future. Russ Tree Ordinance Frame goals and provide alternative August 17 approaches to tree protection. Staff has several ordinance examples available for Council. Trees on single-family lots are protected through the Snowmass HOA, which does regulate tree removal. Most PUDs in Snowmass have Landscape Plans that provide some level of protection from tree removal. 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 Department Inventory a Land Inventory to identify potential housing sites be completed after the Town completes is June budget review. This project would cost approximately $16,000 based on a proposals from Design Workshop. No funding is currently appro riated for this project. Housing Housing Lottery/ The Housing Committee has received September 14, 2009 Department Guidelines direction from Council on housing policy issues to review. They had an initial discussion with Council on July 27`h to the discuss lottery process. The Council asked that a follow-up discussion be scheduled. Housing Housing Policy The consultant has completed a rational Department nexus study and can begin to work with the Council has asked Town on a new housing policy. The Planning that this occur after Commission is also reviewing housing goals the Council as part of the Comp. Plan review. Staff will completes review of schedule two agenda items based on the input Comp. Plan or at from Council on October 6 (these could be on least the housing the same dates)which would be 1) policy chapter. 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 worksession to discuss the Excise September 21, 2009 Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further September 21, 2009 Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed-restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a % (percent) value of the home and requirements for comprehensive insurance. Budget/Finance Finance Monitoring Staff will provide the next comprehensive Staff received Department Revenue financial update for 2009 as part of the feedback to solicit discussions for the 2010 budget. feedback at the Community Picnic on August 14'". Russ, Community On July 6 Council asked that staff plan a Prior to Labor Day Marianne,Meeting on State public meeting to provide input on the weekend. Susan of Economy economy and for them to solicit feed back to develop the budget Environment/Sustainability Jason Haber Review of REOP On October 20, 2008, Council passed a October 2009 fee schedule motion directing staff to schedule this review for March 2, 2009. On March 2, Council asked that the fees and language for PUDs be reviewed prior to November 2009. 1 2 SNOWMASS VILLAGE 3 REGULAR MEETING MINUTES 4 MONDAY, JUNE 1, 2009 5 6 CALL TO ORDER AT 300 P.M. 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on 8 Monday June 1, 2009 at 3:05 p.m. 9 Item No. 1 ROLL CALL 10 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. 11 Arnold Mordkin arrived at 5:17 p.m. COUNCIL MEMBERS ABSENT:All Council Member were present. 12 Russ Forrest, Town Manager, Hunt Walker, Public Works Director, John Dresser, Town Attorney, Rhonda B. STAFF PRESENT: Coxon, Town Clerk, Jason Haber, Economic Resource Director, Jim Wahlstrom, Senior Planner; Susan Hamley, Marketing Director; Chris Conrad, Planning Director; David Peckler, Transit Manager. 13 Edgel Pyles, Joan Bemis, Marty Pickett, James Light, Jeanie Woods, Randy Woods, Hunt O'Hanian, Doug PUBLIC PRESENT: Casebeer, Robin Riggs, Tom Yocum, Greg Woods and other members of the Public interested in today's Agenda items. 14 Item No. 2 PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda Items. 15 Item No. 3 COUNCIL UPDATES 16 Council Member Butler thanked Town Manager Russ Forrest and Economic Resource Director 17 Jason Haber and volunteers for the wonderful job in reconstructing the Shepherds Hut at the 18 corner of the entrance to Town Hall. This project was done in conjunction with the 28th Annual 19 Town Clean Up Day. Council also thanked Town Clerk Rhonda Coxon for organizing this event. 20 Council Member Wilkinson spoke to the local paper talking about the Town Council having 21 secret meetings. He disagrees with that statement and noted the proceeding was completely 22 legal and followed statute requirements. 23 Madeleine Osberger representing the Snowmass Sun stated for the record that the Executive 24 Session was not noticed but decided during the meeting. 06-01-09tc Page 2 of 8 25 CONSENT AGENDA ITEMS NO. 4 AND 5 26 Item No. 4 RESOLUTION NO. 11, SERIES OF 2009 - IGA FOR ENCHANCED 9-1-1 27 EMERGENCY TELEPHONE SERVICE 28 This item was removed from the Consent Agenda to allow Town Council to ask questions 29 regarding the item. 30 31 Police Chief Art Smythe explained the need for these two Resolutions and the service 32 connected to each. 33 34 John Wilkinson made the motion to approve Resolution No. 11, Series.of 2009; IGA for 35 Enhanced 9-1-1 Emergency Telephone Service Reed Lewis seconded the motion. The motion 36 was approved by a vote of 4 in favor to 0 opposed. 37 38 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. 39 40 Voting Naye: None. 41 42 Item No. 5 RESOLUTION NO. 12 SERIES OF 2009 - IGA FOR CONTINUED OPERATION OF 43 THE ASPEN-PITKIN COUINTY COMMUNICATIONS CENTER 44 John Wilkinson made the motion to approve Resolution No. 12, Series of 2009, IGA for 45 Continued operation of the Aspen-Pitkin County Communications Center. Markey Butler 46 seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. 47 48 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. 49 50 Voting Naye: None. 51 52 Item No. 6 CONTINUATION OF PUBLIC HEARING AND DISCUSSION - SNOWMASS 53 CHAPEL CONSIDERATION OF PROPOSED RE-ZONING TO 'MIXED-USE-1' (MU-1), 54 TOGETHER WITH ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES 55 AND A LOT LINE ADJUSTMENT, PLUS A FINAL RE-PLAT OF THE PROPERTY WITHIN 56 EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH SUBDIVISION AND 57 A_ 58 PORTION OF PARCEL 10 OF THE SNOWMASS CLUB SUBDIVISION, IN ASSOCIATION 59 WITH THE PROPOSED SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED 60 UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT 61 VARIATIONS 62 At 3:26 p.m. 63 Mayor Boineau opened the continued Public Hearing. 64 65 Senior Planner Jim Wahlstrom stated the purpose for this meeting would be to follow up on the 66 core issues, concerns or comments expressed by the Town Council at the meeting on May 18, 67 2009 to determine if the applicant or staff has adequately provided supplemental information to 06-01-09tc Page 3 of 8 68 the satisfaction of the Council. Also to consider the applicant's proposed amendment to the 69 parking management adjustments per the separate attached staff report and Resolution No. 13, 70 Series of 2009. 71 The Town Council had a lengthily discussion regarding the Chapel parking agreement and 72 stated that the agreement for the parking will be attached as an exhibit to the parking plan. The 73 Town Council has nothing to do with the negotiations of this third party agreement between the 74 Chapel, Anderson Ranch and the Fire District. 75 Council Member Lewis asked to see a valet parking plan, there was not consensus of the Town 76 Council for this request. 77 78 Robin Riggs a Snowmass Village Resident and member of the Environmental Advisory Board 79 (EAC) suggested to consider parking a the Rodeo Lot. 80 81 Chief Steve Sowles representing the Snowmass Wildcat Fire District spoke in favor of the PUD 82 for the Chapel. 83 84 Jim Light a Snowmass Village Resident and owner of Chaffin and Light Real Estate spoke to 85 how much can be legislative and the chapel needs to be raising money this summer for it's 86 success. 87 88 89 RESOLUTION NO. 13 SERIES OF 2009 - SNOWMASS CHAPEL AMENDMENT TO THE 90 FINAL PUD APPLICATION 91 John Wilkinson made the motion to approve Resolution No. 13, Series of 2009, Snowmass 92 Chapel Amendment to the Final PUD Application. Reed Lewis seconded the motion. The motion 93 was approved by a vote of 4 in favor to 0 opposed. 94 95 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. 96 97 Voting Naye: None. 98 99 The Town Council consensus was to not send this back to the Planning Commission and 100 consider option one in the Resolution not option two. Doug 101 Dotson representing the applicant will provide additional information regarding a waiver for the 102 REOP program. 103 104 Edgel Pyles the Chaplain of the Snowmass Chapel feels that the previous and present Town 105 Council have treated the Snowmass Chapel terribly and it has been nine years and two million 106 dollars in this process. 06-01-09tc Page 4 of 8 107 He also spoke to the Snowmass Chapel parking lot and stated for the record the Snowmass 108 Chapel owns the parking lot and for twenty years has worked with the Chapel neighbors and he 109 does not feel the Town needs to be involved in the friendly relationship. 110 Town Attorney John Dresser stated that the use of other areas within the Town for parking such 111 as the Rodeo Lot and the Intercept Lot require permits and agreements in advance of usage. 112 113 At 5:01 p.m. 114 Mayor Boineau continued the Public Hearing to the Regular Meeting of the Snowmass Village 115 Town Council on June 15, 2007. 116 117 TOWN COUNCIL TOOK A 10 MINUTE BREAK AT THIS TIME 118 119 Item No 7 2009 BUDGET CONTINGENCY UPDATE 120 Town Manager Russ Forrest and Finance Director Marianne Rakowski were present to discuss 121 the Contingency Budget for 2009. The Finance Director has been working closely with the 2009 122 Budget since June of 2008. After a September meeting with the Town Council the policy 123 direction given was to minimize the impacts on the general public and keep all full time staff. 124 Each department was asked to develop three scenarios 10, 15 and 20 percent budgets. 125 In December of 2008 staff present to Town Council a 10 percent contingency budget, after 126 looking at occupancies in January the 20 percent contingency budget was put in place. 127 Now staff is looking at an 85% reduction in the RETT fund and preparing for a 30% reduction in 128 sales tax and a freeze of town employee salaries. 129 Finance Director Marianne Rakowski reviewed the revenues and the expenditures for the five 130 funds in the Town budget and took questions from the Town Council. 131 At 5:17 p.m. Council Member Mordkin arrived 132 Transit Manager David Peckler and Hunt Walker spoke to the reductions in their departments 133 due to the reduction in RETT and all the necessary cuts. 134 Item No. 8 FIRST READING OF ORDINANCE NO. 6, SERIES OF 2009 135 Reed Lewis made the motion to approve First Reading of Ordinance No. 6, Series of 2009 - 136 Supplemental Budget John Wilkinson seconded the motion. The motion was approved by a vote 137 of 4 in favor to 0 opposed. 138 139 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, and Markey Butler. 140 141 Voting Naye: None. 142 143 TOWN COUNCIL TOOK A BREAK AT THIS TIME 144 At 6:30 p.m. 145 06-01-09tc Page 5 of 8 146 Item No. 9 PROPOSED MARKETING SPECIAL EVENTS AND GROUP SALES 147 DEPARTMENT NAME CHANGE 148 Marketing Director Susan Hamley by request of the Marketing, Special Events and Group 149 Sales Board and staff is asking that this long name be changed to Snowmass Tourism, this 150 is an internal change only not a logo change. 151 Arnold Mordkin made the motion to approve the departmental name from Marketing, Special 152 Events and Group Sales to Snowmass Tourism. Markey Butler seconded the motion. The 153 motion was approved by a vote of 3 in favor to 2 opposed. 154 155 Voting Aye: Reed Lewis, Markey Butler, and Arnold Mordkin. 156 157 Voting Naye: Mayor Bill Boineau, and John Wilkinson. 158 159 Item No.10 COMPREHENSIVE PLAN - ENVIRONMENTAL RESOURCES CHAPTER 6 Keith 160 Long a Snowmass Village resident and owner of Aspen Sports commented on the fact that 161 Town Council was concerned about $4,000 for running the Skittles but approved the Marketing 162 Department paying $60,000 to lease the Bedford Ball Room. He is also in favor of the Skittles 163 being run and noted his store in Base Village may not be open seven days a week. Long also 164 would like to discuss waste management within the Town of Snowmass Village at a future date. 165 Robin Riggs a Snowmass Village resident spoke to the matter of views and ridgeline and stated 166 there should be a definition, and the original Comprehensive Plan did speak to views from 167 Brush Creek road. 168 Town Manager Russ Forrest and Economic Resource Director Jason Haber spoke to Chapter 6 169 of the Comprehensive Plan Environmental Resources. This section is a synopsis of the current 170 state of the natural environment in Snowmass Village. It address the state of the following 171 environmental components: Elevation, Slope, Aspect, Geology/Soils, Vegetation, Hydrology, 172 Water & Sanitation, Wildlife, Open Space and Environmental Sensitivity. 173 Town Council reviewed Chapter 6 page by page and provided changes, comments and 174 concerns for staff to work on. 175 Item No. 11 FIRST READING OF ORDINANCE NO. 7 SERIES OF 2009 - EXTENDING THE 176 MORATORIUM 177 Reed Lewis made the motion to approve First Reading of Ordinance No. 7, Series of 2009, 178 Extending the Moratorium. Arnold Mordkin seconded the motion. The motion was approved by a 179 vote of 4 in favor to 0 opposed. 180 181 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, and Markey Butler. 182 183 Voting Naye: None. 184 185 Item No. 12 MANAGER'S REPORT 186 Energy Audit 187 Town Manager Russ Forrest stated that over a year ago the Facility Maintenance Division, 188 through the Technology and Efficiency Fund, purchased Energy Tracking Software to monitor 06-01-09tc Page 6 of 8 189 utility costs of the Town's facilities including the Operations Facility, Recreation Center, Town 190 Hall, Town Park Bus station, Snowmelt Road, and the Parcel C garage. Using the information 191 from the energy tracker staff has made efficiency improvements to the Town's facilities which 192 are projected (this additional savings is not budgeted) to save over $100,000 in utility costs 193 system wide in 2009. To further find energy savings, Nick Reitter, Facility Maintenance 194 Superintendent, is proposing to contract for an energy audit of all of these facilities for a cost of 195 up to $26,000 which would be paid for by the projected utility savings mentioned above. There 196 is a strong possibility that Holy Cross could fund up to 50 percent of the cost of an audit. Once 197 the audit is completed staff will prioritize which energy efficiency improvements, recommended 198 by the audit report, should be implemented. The intent would be to use the Town's Holy Cross 199 Community Enhancement Fund, which currently has a balance of approximately $500,000 to 200 fund the improvements:The Director of Public Works and the Town Manager would like to thank 201 Nick Reitter for his ability to find energy savings that both help the Town's bottom line and the 202 environment. In addition, we very much appreciate his innovation in continuing to pursue ways 203 to improve energy efficiency and find renewable sources of energy for the Town's facilities. This 204 initiative is consistent with the Town's 2009 Environmental Implementation Plan which was 205 adopted as part of the Town of Snowmass Village Sustainability Plan. Mayor Boineau would like 206 to recognize staff at the beginning of meetings and invite the staff to be present. 207 Roundabout 208 In the spring of 2008 the Road Division installed six speed bumps, at a cost of approximately 209 $2,500, around the inside apron of the Roundabout. The intent was to mimic the original design 210 of the roundabout by slowing traffic down by not allowing vehicles to cut through the center of 211 the roundabout. After observing the roundabout last summer it was determined, not surprisingly, 212 the roundabout operated as designed with the speed bumps. Over the winter the speed bumps 213 were damaged by plows compromising the ability of the roundabout to function properly. The 214 damaged speed bumps became unsafe for vehicles and bicycles. Instead of installing new 215 speed bumps the Road Division intends in early June to pour a raised concrete apron on top of 216 the existing colored apron to the specifications of the original roundabout design. Since the 217 Road Division has employees experienced in laying concrete, they will pour the apron "in 218 house" with some outside labor. It was determined by the Town Engineer and Road Division 219 that it wasn't necessary to remove and replace the original apron; therefore, the cost of the job 220 shouldn't exceed $12,000 which will be funded by the Road Fund. The Road Division feels this 221 will be a safety improvement and a provide more attractive and less maintenance intensive 222 solution for the roundabout apron. The Town Council was in agreement to replace the speed 223 bumps that needed replacing. 224 EOTC Retreat 225 Town Manager asked if the Town Council would be available on Thursday, August 6, 2009 for a 226 EOTC summit. All Council Members are available. David Peckler will relay this information to 227 the other parties. 228 Item No. 13 AGENDA FOR NEXT TOWN COUNCIL MEETING 229 Staff and Town Council review and commented on the future agenda. 230 231 Item No. 14 APPROVAL OF MEETING MINUTES FOR MAY 4. 2009 06-01-09tc Page 7 of 8 232 Arnold Mordkin made the motion to approve the Minutes of May 4, 2009 John Wilkinson 233 seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. 234 235 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, and Markey Butler. 236 237 Voting Naye: None. 238 239 Item No. 15 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 240 There were no items discussed at this time. 241 242 Item No. 16 EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items 243 Determining positions relative to matters that may be subject to negotiations, developing 244 strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and 245 Snowmass Village Municipal Code Section 2-45(c)(5); and 246 Conferences with an attorney for the purposes of receiving legal advice on specific legal 247 questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 248 2-45(c)(2); 249 At 8:26 p.m. 250 Mayor Bill Boineau made the motion to enter closed session Arnold Mordkin seconded the 251 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 252 253 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold 254 Mordkin. 255 256 Voting Naye: None. 257 258 At 9:11 p.m. 259 John Wilkinson made the motion to approve reconvening to the Regular Meeting of the 260 Snowmass Village Town Council Reed Lewis seconded the motion. The motion was approved 261 by a vote of 5 in favor to 0 opposed. 262 263 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold 264 Mordkin. 265 266 Voting Naye: None. 267 268 Item No. 17 ADJOURNMENT 269 At 9:12 p.m. 06-01-09tc Page 8 of 8 270 Reed Lewis made the motion to adjourn the Regular Meeting of Snowmass Village Town 271 Council Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in 272 favor to 0 opposed. 273 274 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler, and Arnold 275 Mordkin. 276 277 Voting Naye: None. 278 279 Submitted By, 280 281 282 Rhonda B. Coxon, Town Clerk 283 I SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 MONDAY, JULY 6, 2009 4 5 CALL TO ORDER AT 400 P.M. 6 7 Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Village Town 8 Council at 4:00 PM. on Monday, July 6, 2009. 9 10 Item No. 1: ROLL CALL 11 12 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed 13 Lewis, and Markey Butler 14 15 Arnold Mordkin arrived at 7:07 P.M. 16 17 STAFF PRESENT: John Dresser, Town Attorney; Russ 18 Forrest, Town Manager; Hunt Walker, 19 Public works Director; John Dresser, Town 20 Attorney; Jason Haber, Economic Resource 21 Director, Donna J. Garcia- Spaulding, Deputy 22 Town Clerk; Brandi Lindt, Assistant Finance 23 Director; and Susan Hamley, Marketing 24 Director; 25 26 PUBLIC PRESENT:Doug Dotson, Phil Vaughn, Randy Woods, 27 Joan Bemis, David Corbin, Steve Alldredge, 28 Scott Stenman, Mel Blumenthal, Todd 29 Manns, Ellen Anderson, Madeleine 30 Osberger, Jack Hatfield, John Mele, Jim 31 D'Agustino, Bob Purvis, Carolyn Purvis, 32 Mak Keeling, Dave Belleck, Chonnie 33 Jacobson, Bruce Smith, Colleen Doyle, Diana 34 Sirko, Laura Kornasiewicz, Doug Casebeer, 35 Paul Collings, John Barrrett, Jim Light, Greg 36 Long, Robin Riggs, Rick Balentine, and other 37 members of the public interested in today's 38 Agenda items. 39 40 NOTE:Mayor Bill Boineau stated for the Record that there are a few Pitkin 41 County Commissioners present at today's meeting and welcomed 42 them to Snowmass Village. 43 44 Item No. 2: PUBLIC NON-AGENDA ITEMS 45 46 Aspen School District 47 Dr. Diana Sirko, Superintendant for the Aspen School District and Laura Kornasiewicz, 48 Aspen School District Board of Education Member in charge of Housing Acquisition. 49 Both ladies stated that they felt it was important to attend today's Town Council meeting 50 to pledge to work closely with Snowmass Village in hopes of creating a hybrid land 07-06-09tc Minutes Page 2 of 19 51 review process. Dr. Sirko stated that as they look at a process that would honor 52 concerns by the Town of Snowmass Village, as well as honoring any concerns that the 53 school district is required to address. She further stated that "They have great 54 confidence in their ability to work together as two entities in identifying and fulfilling the 55 critical steps that are needed." She stated that their voters approved both teacher and 56 staff housing and both proudly serve Snowmass Village. In short she stressed that they 57 are on the same page and desire high quality education for children. 58 59 Mayor Boineau stated that the Town of Snowmass Village has been receiving some 60 mixed messages and there may be some things that Council may not understand, what 61 the State authorizes. Mayor Boineau reported that he read on their web site that there 62 might be 18 - 22 housing units down there so he is glad for the dialogue between 63 Council and the Aspen School District. 64 65 Dr. Sirko stated that they wanted to make sure that there is a clear message to work 66 together, since we all have the same responsibilities to our community. 67 68 The Town Manager Russ Forrest reported that there have been a number of productive 69 discussions and the goal now is to get clarity in terms of what the desired process is and 70 the school district has expressed their intent to work with the Town. Forrest stated that 71 the first step is the meeting between the Town Attorney John Dresser, the Planning 72 Director, Chris Conrad and Julian Woods, the District's Planner to understand what 73 pieces of information are coming in at what time. He further stated that the intent now is 74 to understand the scope of the project, receive Town Council direction and then staff 75 would craft an intergovernmental agreement for Council consideration. 76 77 Council Member John Wilkinson stated his appreciation to the Aspen School District 78 Representatives coming in for open public dialogue. Wilkinson explained that as part of 79 the Town of Snowmass Village's legislative mandate we like to preserve the Town's 80 Land Use Code and make sure that whatever goes there is based upon the Town 81 Comprehensive Plan. He applauded them for purchasing the property and stated that it 82 is an appropriate place for employee housing being that it is close to the bus route. He 83 further stated that both of his children attended the Little Red Schoolhouse Daycare 84 Center, which is right around the corner. Lastly, Wilkinson stated that he would like to 85 make sure that as these discussions take place that communication is done in a public 86 forum and that whatever goes in down there fits in with our community neighborhood. 87 88 Part-time Residents Advisory Board (PTRAB) 89 Mel Blumenthal reported that there will be a PTRAB meeting tomorrow beginning at 90 1:00 p.m. and the same time on Wednesday. Of particular interest, tomorrow's meeting 91 will be a two-panel discussion regarding property values and the state of the real estate 92 values within Snowmass with particular emphasis on Base Village and how it may 93 impact the community. Secondly, Blumenthal stated that the second panel discussion 94 would cover the setting of mill levees. 95 96 He reported that the Board feels very fortunate to have some of the key taxing districts 97 present including a Representative from the Colorado Mountain College, Bill Boineau: 98 Snowmass Village Mayor, Mel Blumenthal, Fire and Safety District, John Wilkinson, 07-06-09tc Minutes Page 3 of 19 99 General Improvement District, Russ Forrest: Town of Snowmass Village Representative; 100 Scott Stenman, Metro Districts and Pitkin County Open Space and Trails. 101 102 Enclave Homeowner's Association 103 Blumenthal took a few moments to makes a distinction between the local Related 104 WestPac people headed by Dwayne Romero, Jim D'Augstino, Mak Keeling, and Scott 105 Stenman stating that those people have bent over backward to satisfy their concerns 106 about the construction activity that goes on around them and complimented them on 107 their efforts as members of our community "They are not the New Yorkers" and 108 everyone at the Enclave is appreciative of them for the attention and sensitivity they 109 have displayed. 110 I I I Chair of the Financial Advisory Board (FAB) 112 Rick Griffin commented on some feedback he is receiving. He stated that this Board has 113 been going through a process for five months that will not be done until sometime during 114 the month of July. The PTRAB only meets twice a year and they have asked him if he 115 could give them some idea of what the process is and some idea where the group might 116 be going as far as advising staff. He stated that they have been very lucky to have 117 some great presentations, lucky that staff and the FAB are basically on the same page 118 and if there are no objections from anybody, Griffin stated that he will make that meeting 119 and report to Council on the 15"' of this month. 120 121 Mayor Boineau disclosed that he and Griffin had a conversation during lunch today, 122 when he told Rick that he was upset to hear through the local paper that a report would 123 be coming out that shed a different light on the FAB and he would appreciate knowing 124 what was going on first and requested that anyone else on a Town appointed board 125 needs to come to Town Council first. 126 127 The Town Manager provided background information for the public and stated that the 128 FAB was asked by Town Council to look at the Town's three major projects including 129 Town Hall, Rodeo Place and the Entryway and this has been done in a very 130 collaborative, collegial manner and that it is going to be a product 131 report in terms of lessons learned. 132 133 Item No. 3: COUNCIL UPDATES 134 135 Faraway Road Paving 136 Council Member Butler inquired of where the paving is taking place on Faraway Road. 137 In response the Town Manager stated that he would find out and report findings to 138 Council. 139 Snowmass Village Rotary Club - Flags 140 Butler thanked the representatives involved with the Snowmass Village Rotary Club, 141 who handed out flags during the Aspen parade. 142 143 Susan G. Komen - Ride for the Cure 144 Council Member Wilkinson reminded the community that the Susan G. Komen - Ride for 145 the Cure bike race will be coming to Snowmass Village on August 22nd and this event is 146 trying to match the amount of riders they had last year and have a new coarse half way 147 up to Lenado. 07-06-09tc Minutes Page 4 of 19 148 149 Savor Snowmass - Snowmass Mall 150 Council Member Lewis invited the community to the mall location for the Savor 151 Snowmass event on Saturday July 11`"from 1:00 p.m. until 3:00 p.m. This event invites 152 the locals to come out to support the local retailers. There will be cooking 153 demonstrations, tastings, and retail sales bargains. 154 155 Item No. 4: INCIDENT COMMAND SYSTEM (ICS-402) 156 157 Representatives for the Incident Command System (ICS-402), Todd Manns and Ellen 158 Anderson passed out a hand out that would certify interested individuals for today's 159 class. Manns and Anderson began conducting the training and provided Council with a 160 PowerPoint presentation and overview for Executive Senior Officials. 161 162 NOTE:At 5:05 P.M. Town Council took a 10-minute break and reconvened at 163 5:15 p.m. 164 165 Item No. 5: RESOLUTION NO. 16, SERIES OF 2009 - PART TIME RESIDENTS 166 ADVISORY BOARD APPOINTMENTS 167 168 The Town Manager Russ Forrest reported that George Bletsas has requested that his 169 name be introduced as a full-time member and stated that Victor Rauch has applied to 170 fill the at large position. 171 172 There being no further discussion, Council Member Lewis made a motion to approved 173 Resolution No. 16, Series of 2009 - Part Time Residents Advisory Board Appointments, 174 seconded by Council Member Butler, The vote passed with 4 in favor and 0 opposed. 175 Council Member Mordkin had not arrived today's meeting yet. 176 177 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler, 178 179 Voting Nay: None. 180 181 Item No. 6: CONTINUATION OF PUBLIC HEARING AND FIRST READING - 182 ORDINANCE NO, 9. SERIES OF 2009 -SNOWMASS CHAPEL 183 184 Mayor Bill Boineau opened the Public Hearing meeting at 5:17 p.m. 185 The Town Senior Planner Jim Wahlstrom provided Council with background information 186 and stated that the applications are being processed pursuant to Section 16A-5-220, 187 Amendment to the Official one District Map and section 16A-5-360, Final Plan of the 188 Town of Snowmass Village Land Use and Development Code. The property on Lots 1 189 and 2A encompasses 3.99 acres, not including the impacted area onto Parcel 10 (golf 190 course) of the Snowmass Club Subdivision. 191 192 Wahlstrom stated that the purpose of today's meeting would be to open the continued 193 public hearing and consider public comments on the follow up items concerning the 194 Final PUD or the first reading of the ordinance; review any remaining core issues; and 195 determine if the language along with the findings, conditions and action sections in the 196 ordinance are consistent with Town Council's understandings. 07-06-09tc Minutes Page 5 of 19 197 198 Wahlstrom stated that during the June 15, 2009 meeting, Council requested a joint 199 recommendation from the Economic Resources director and the Fire District concerning 200 the waiver request from the building efficiency and REOP standards in regard to areas 201 that might possibly be allowed to be snow melted. Wahlstrom explained that the 202 Snowmass-Wildcat Fire Protection District is not mandating the snow melting of the fire 203 lane located directly in front of the new Chapel or the adjoining sidewalks. However, the 204 Fire District shared in their letter dated June 26, 2009 to staff, that as is the case with 205 almost any assembly occupancy, snow melting in the immediate vicinity would enhance 206 the safety of people from slip and fall accidents and in the Chapel's case provide for the 207 uninterrupted emergency vehicle access after heavy snowfalls. Wahlstrom referred 208 Council to Chief Mele's letter included in today's packet of information. 209 210 The Town Attorney explained that the Fire District was uncomfortable stating what 211 qualifies as an exemption of energy fees and will defer the energy usage concerns to 212 staff and Town Council. 213 214 Council Member Butler and Dresser discussed the legal ramifications and determined 215 that this is a private entity with strong public use. After discussion, Butler stressed that 216 she is for community cause, while Dresser referred everyone to packet page 21 217 expressing the Fire Chief John Mele's statements. 218 219 The Fire Chief John Mele was present for comment and stated "I don't think you need 220 me to tell you that the prudent man would agree with the fact that if you have a snow 221 melted side walk in front of a public assembly occupancy that you're going to reduce slip 222 and fall accidents." Mele stated that the Fire District does respond to several of these 223 during the winter time and we do have some serious fractures from them. Mele further 224 stated "So is there a community benefit - yes, was I hesitant to draw the line on a map 225 where I specifically think and falls would occur- yes." He further stated "Please 226 understand our hesitation to do that and it was always proposed to be snow melted and 227 we were always comfortable that that it guaranteed us emergency access for the fire 228 trucks and side walk would accommodate for safe walking." 229 230 Wahlstrom stated that in terms of the Subdivision Improvements Agreement (SIA) there 231 is one significant change that the Applicant pointed out with their recent update of the 232 SIA. He referred Council to Exhibit C of the attached ordinance and Attachment 3. It 233 relates to the initiation of construction in that previously the Applicant noted that 234 construction would not begin until 90% of funds were available however, depending on 235 how fundraising goes, the Applicant would like the possibility of installing the utilities 236 earlier. The Applicant has since revised the SIA that would allow the Applicant the 237 opportunity to complete the utilities upon demonstration that the funds are available to 238 complete that work and to restore the site. The building permit would be dependent 239 upon 90% of the funds available to complete the building addition. Wahlstrom stated 240 that this was a concern previously raised by staff and neighbors as such re-grading, 241 utility work or infrastructure could potentially lie fallow until a formal permit is issued for 242 the building addition. He stated that the proposed language in the revised SIA should 243 be acceptable provided such initial utility work is completed and the site restored in the 244 interim, especially if there is significant lag time between this work and the issuance of a 245 permit for the building addition. 07-06-09tc Minutes Page 6 of 19 246 247 Wahlstrom addressed the carillons bell noise issue and stated that due to additional 248 provisions in the Final PUD Guide concerning carillon concerts, additional noise related 249 mitigation concerns were expressed at the meeting on June 15, 2009 and staff has 250 added conditions to the ordinance for Council's review. 251 252 The Applicant Doug Dotson and the Town Attorney, John Dresser commented on the 253 requirement to have a super-majority vote on the topic. Dresser explained that Council 254 Member Mordkin has recused himself from this subject and a super-majority voting 255 required 75% of the seated and voting Council Members. He explained that if 256 Councilman Wilkinson were absent any action taken by the Council at that point would 257 have to be unanimous quorum so that maybe the Applicant has to take into 258 consideration for having the benefit of a full Council. 259 260 Dotson explained that one of the things they are proposing is to change the 261 development agreement regarding the parking agreement. He stated that Anderson 262 Ranch and the Chapel have agreed to language that would go into the development 263 agreement. Dotson addressed the Renewable Energy Offset Program (REOP) 264 condition and stated that there are provisions requiring this facility to provide public 265 access to its facility and requested Council's approval to exempt them from this 266 requirement. With regard to the Letter of Credit referred to in Condition No. 2, Dotson 267 stated that this letter has already been submitted and he is ready to begin working with 268 Town staff in preparations for second reading. He stated that they would complete the 269 civil plans as outlined in Condition No. 3. The Vesting Property as outlined in Condition 270 No. 4d) breaks the vesting down into two five-year periods, with the first five years the 271 Chapel would be granted a vesting and after that it would be subject to the developer 272 having completed its fund raising, executed all the agreements, and a grading permit will 273 have been issued in an effort to move forward, then a second five years would be 274 granted by the Town. Dotson stated that if they have the funds then they are going to 275 be under construction so the second five-year vesting period is not necessary but the 276 ten years vesting is acceptable. He commented on Condition 12) and stated that they 277 are concerned with what constitutes unreasonable noise regarding the operation of the 278 carillons, which is a new restriction that they did not contemplate previously. He further 279 stated that they understood that the Chapel would come back to Council to work out 280 solutions to discuss carillon concert plans and scheduling in advance of such concerts 281 however they would prefer that Council would accept the language given to them 282 previously. 283 284 Council Member Lewis referred his colleagues to packet page 12, b), where the 285 Applicant is telling Council that they will not use both facilities at the same time and 286 inquired of how legal this statement is. Dotson stated that all the information listed 287 under Parking Provisions and the Parking Lot Agreement has already been discussed 288 under the Preliminary Planning stages during 2005. Dotson further stated that they 289 have written into the development agreement that the Chapel would management the 290 parking. 291 292 NOTE: Mayor Boineau took public comment at this time. 293 294 Hunter O'Hanian President of Anderson Ranch Arts Center 07-06-09tc Minutes Page 7 of 19 295 O'Hanian stated that Anderson Ranch has been a very good neighbor and has worked 296 cooperatively with the Chapel and they very much want to see this project succeed. He 297 addressed two issues of concern including 1)Construction Management Plan, that they 298 have worked out many of the details and feel that the impact upon Anderson Ranch 299 programs will be minimal; and 2)parking. The deed to the parking lot is in the name of 300 the Chapel; however, the Ranch has a permanent easement for egress and ingress. 301 O'Hanian reported since 1998 there has been a parking lot use and management 302 agreement between the Chapel and the Ranch and in particular today's conversations 303 define what the sense of the agreement was, which is that the parking lot is to be used 304 primarily for the Ranch programs Monday through Friday and all in agreement to 305 remove the limitation of 20 spaces and allow the. 306 307 Robin Riggs, Local Resident 308 Riggs addressed Town Council Resolution No. 9, Series of 2006 and referred Council to 309 packet page 15 regarding the Carillon bells. She clarified that use of the bells would be 310 between 8:00 a.m. to 8:00 p.m.; one occurrence per activity; limited to a maximum use 311 of two times per week day, three times on Saturday and four times on Sunday; however 312 if there are significant complaints from the community the Town Council the Chapel 313 would discontinue use of the Carillons bells at noon time on week days and Saturdays. 314 Riggs read the resolution and requested that Council be flexible with times, days and 315 usage of the bells. 316 317 Dotson reported that the original language is still in the ordinance and the change is 318 based upon the concerts provision including within the PUD Guide Agreement referred 319 to on packet page 51 of today's packet of information. 320 321 Shawnee Jacobson. Local Resident 322 Jacobson stated concerns about the building being located within a residential 323 neighborhood, with children taking naps and going to bed at early hours of the night and 324 the bells are loud beyond the perimeter of the property. Lastly, she requested that a 325 sound test be conducted. 326 327 Jim Light, Chapel Board Member 328 Light stated that setting a new cut off time between 6:00 p.m. or 7:00 p.m. can be 329 discussed in an effort to avoid a nuisance. Dotson invited the Town Council for a site 330 visit and listen to the bells and judge for themselves. 331 332 Greg Long, Local Resident 333 Long reminded everyone that Council voted on and passed the resolution referred to 334 earlier on September 2006, which states that the bells can not run for more than one 335 minute at a time 336 337 The Town Council, staff and the Applicants began going through the ordinance line-by- 338 line making changes and amendments regarding the steeple height proportion; waiver 339 from Building Efficiency and the Renewable Energy Offset Program (REOP) and 340 keeping appropriate language in; up-dating the Letter of Credit; vesting property rights; 341 and taking out item 12) completely. 342 07-06-09tc Minutes Page 8 of 19 343 After much discussion Town Council requested that the Applicant make an effort to 344 mitigate a partial plan for snow melting sidewalks; put in taller trees to create a buffer; 345 work on the language regarding the Renewable Offset Program; set a date for Council 346 to listen to the Carillon bells; further discuss concert details; and have the Applicant 347 present to Council the best practices during a meeting in the near future. 348 349 There being no further discussion at this time Mayor Boineau continued the Public 350 Hearing to the July 20, 2009 Town Council meeting for Second Reading. 351 352 Item No. 7: UPDATE ON PHASE 2B RODEO PLACE HOMES 353 354 The Town Housing Manager Joe Coffey stated that today the Council is requested to 355 provide direction to staff on the Rodeo Place Phase II B purchase price for each home 356 in the range that would be advertised. Coffey explained the Phase II B consists of two, 357 2-bedroom homes and two, 3-bedroom homes; ads will be placed in the Snowmass Sun 358 Newspaper for four weeks to determine the market demand for the four homes and 359 these results will be presented to Council during the August 3, 2009 Town Council 360 meeting. Coffey further requested permission from Council to add Pitkin County to the 361 first round of advertising along with Snowmass. He explained that in the past we have 362 only advertised for Snowmass Village employees first and the second thirty-days 363 advertisement has been opened up to Pitkin County. He further explained that upon 364 Council approval and if there is a sufficient market demand, the Town Manager will then 365 execute a contract with Rudd Construction to build the homes. If there is sufficient 366 market demand the Town Council is requested to provide the Town Manager with 367 direction on whether to execute a contract with Rudd Construction to build the homes. 368 Coffey referred Town Council to the background information included in today's packet 369 of information. 370 Resort Opportunities & Investments LLC Representative Bob Kaufman reported that 371 they are expecting the construction documents to be completed by the third week in the 372 month of July so by the August 3rd Council meeting they will have a final number from 373 Rudd Construction. 374 375 The Town Manager explained that the methodology used in setting the sales price was 376 based on comparing the price per square foot of gross living area and the percentage of 377 the finished square foot to the homes in Phase I and Phase II A, adjusted for how much 378 was finished. He summarized that staff took Phase I as a point of departure and 379 inquired of Council of whether staff should advertise simultaneously for Pitkin County 380 and whether there is a threshold for Pitkin County employees. 381 382 NOTE:Arnold Mordkin arrived at 7:07 P.M. 383 384 The Mayor and Council Members Butler, Lewis and Mordkin were not in agreement with 385 opening this opportunity up to Pitkin County employees and that these homes are 386 available for Snowmass employees only. Council Member Wilkinson was not opposed 387 and stated that the Sinclair Meadows townhouses stay available for Snowmass 388 employees only as well as business owners be able to own housing for their employees. 389 Mordkin stated concern with winter construction. 390 07-06-09tc Minutes Page 9 of 19 391 After further discussion, Council majority stated approval of testing the market demand 392 for Snowmass Village only and find out what the costs would be to dismantle the 393 construction site. Mordkin further requested that the advertisement include information 394 to the community that there is a possibility that the homes may not be built. 395 396 Mel Blumenthal, Part-time Resident 397 Blumenthal stated that there is a difference between what the Town is doing with the 398 Snowmass Village people to determine interest versus Pitkin County. He clarified that 399 this is employee housing that we are subsidizing here in the community not in Pitkin 400 County so to make a decision to build it is irrelevant of how much demand there might 401 be "If we already have the houses up and we can not fill them that is a different story." 402 403 Council Member Lewis inquired as to whether or not the Town has sufficiently provided 404 the community with information on the housing guidelines and stated that he feels that 405 there are probably more people who could qualify. The Town Manager Russ Forrest 406 stated that staff could certainly provide more information to the community and invite a 407 banker spokesman to provide input as well. 408 409 Carolyn Purvis, Financial Advisory Board Member (FAB) 410 Purvis reported that the FAB has been spending quite a lot of time looking at Town 411 capital projects and on July 151" they will be finalizing a report to Council including 412 findings and recommendations on a list of projects including Rodeo Place Phase I and 413 suggested that Council not make too many decisions before reviewing these findings. 414 415 Item No. 8: UPDATE ON BASE VILLAGE COMMITTMENTS 416 417 The Town Manager Russ Forrest stated that the purpose of this discussion is to review 418 the physical, financial and operational risks associated with the slow-down or 419 termination of work at Base Village. `These risks are in no way a reflection on staff from 420 Related West Pac in Snowmass and I do hope that the comments and direction that 421 comes out of this encourages and compels constructive action from lending institutions 422 and entities in New York that will be watching us tonight." In addition, when staff saw 423 that construction in Building 7 was not moving forward they attempted to identify 424 remedies and/or enforcement options where possible to reduce the risk to the 425 community. 426 427 Forrest reported that staff created a detailed matrix of all the potential risks associated 428 with Related WestPac stopping or slowing construction and have identified the most 429 significant risks including the following: Building 7, has a set of remedies within the 430 Development Improvement Agreement; Building 13B and 8 do not have concrete 431 remedies and are much more difficult in compelling the Developer to move forward with 432 a privately owned building; financial issues; operational issues; employee housing; the 433 Round-about; Wood Road; and landscaping issue, which involves a action on Brush 434 Creek Road in which Related is taking steps to correct and remedy. He further 435 requested Council direction on enforcement and follow up action that they would like 436 staff to take recognizing appropriate remedies identified within the memo. 437 07-06-09tc Minutes Page 10 of 19 438 In response to an inquiry by Councilman Mordkin, Forrest defined what he means by 439 "risk" and explained that what staff attempted to do was identify any issue small or large 440 that could have a potential impact on the community because of a lack of follow through. 441 442 In response to an inquiry by the Mayor, the Town Attorney John Dresser stated that 443 within the Base Village Development Agreement the Developer and the Town identify 444 conditions subsequent to the continued existence of vested property rights and have 445 identified with four series of agreements between the Developer and the Town including 446 Base Village services, Subdivision Improvement Agreements, Base Village Funding 447 Agreement, and Base Village Restricted Housing Agreement. Dresser read the 448 following: The continued existence and duration invested in property rights recognized 449 in this agreement is subject to the condition that no material default by Developer shall 450 occur identified within those four agreements and if a material default shall occur then 451 as provided in 16A-590C of the Municipal Code Book the vested rights shall be forfeited 452 for the purposes here shall mean a failure by the Developer to perform any of its 453 obligations under any of the four agreements as specified or the ordinance in any 454 material that remains uncured or the expiration of any applicable cure period as such 455 default is conclusively determined by a Court of competent jurisdiction in a final non- 456 appealable judgment or order. 457 Council and staff began the arduous process of identifying each of the risks involved 458 page-by-page beginning on packet page 171 and discussed enforcement options to 459 exercise. 460 461 BUILDING 7 462 The Town Manager Russ Forrest explained that a bond is in place for $2,000,000 463 to complete the interim Building 7 and staff has notified Related that work had not 464 commenced on Building 7 as of the beginning of May, 2009 at which time Related 465 will be in default of the agreement on July 4t" if construction does not commence. 466 Staff will send a default notice at that time pursuant to the development agreement 467 after July 4th. They will then have 14 days after that two-month period of inactivity to 468 cure the default. They would not have a building permit and staff intends to pursue 469 every remedy available in the development agreement to ensure compliance. The 470 performance bond is intended to pay for completion of the project if the developer 471 fails to complete the scope of work approved by interim Building 7. 472 473 In response to an inquiry by Mayor Boineau, Forrest stated that if Related does 474 not comply then the Town would begin to make a claim. He acknowledged to Town 475 Council and to the community that staff does not expect to see these improvements 476 in place for the upcoming ski season. 477 478 After further discussion, Forrest clarified that at the direction of Council staff will 479 proceed with enforcement of the Development Agreement. Council Member Butler 480 emphasized that staff"push beyond a reasonable doubt every stop gap that we can 481 possibly get on this Building 7 and the sooner the better because I think that if we 482 get the right builder, that we potentially open at mid-season. So, I don't want to say 483 it won't be open and push-push-push because this means so much to this 484 community." 485 486 Forrest reported that the Transportation Director has met with RFTA and informed 07-06-09tc Minutes Page 11 of 19 487 them that they will not have access to the building. There is an operational concern 488 in terms of the approximate 170 new potential employees from the Viceroy Hotel 489 who will be going from the bus stop on Brush Creek Road up to the Viceroy Hotel. 490 We need to be cognizant of this from a safety standpoint. 491 492 Councilwoman Butler requested that the developer use something other than the 493 white plastic sheet covering Building 7, as this is unacceptable. 494 495 BUILDINGS 13B AND 8 496 Forrest reported that construction on both of these buildings has stopped. Hypo 497 Bank is the primary lender on both buildings and has not authorized further 498 expenditures on these two projects. He stated that other equity partners may also 499 have top approve before construction can commence on these and other buildings. 500 The parking garage under 13B (is shared with 13A) must be completed to facilitate 501 parking for 13A Viceroy Hotel parking. The Developer needs to get approvals from 502 both the Fire and Town Building & Planning Departments. Building 8 is partially 503 completed and is an eyesore. Staff does not see any immediate solution for 504 compelling the developer to move forward with the construction of these two 505 structures. Another strategy can be developed to create an Urban Renewal 506 Authority (URA) and obtain a private development partner to complete the project. 507 Forrest explained that an URA provides a legal means to condemn a property for 508 economic purposes. Forrest stated that this is an involved two-step process that he 509 has been involved with in the past. The two-step process involves creating an 510 authority and then creating a plan for an area being condemned using the word 511 'Blight' and from a financial standpoint would necessitate having a financial partner. 512 513 From the standpoint of what guests could say about Snowmass as a destination 514 resort, Butler requested that staff be prepared with an answer to the question "What 515 are those concrete structures that have nothing on them except an orange wrap?" 516 She was brainstorming and suggested that the Snowmass Arts Advisory Board 517 might be able to come up with some ideas. 518 519 After further discussion, Forrest explained that another reason municipalities use 520 an Urban Renewal Authority (URA) is to collect a revenue source called tax and 521 financing with the premise of putting taxable property value back into the property. 522 Council consensus approved that the Town Manager proceed with the URA process 523 and requested that the Town Manager provide them with a primer of detail involved, 524 and place this as an Agenda item for the August 3, 2009 Town Council meeting. 525 526 ROUND-ABOUT 527 The Planning Director Chris Conrad stated that the round-about is not complete and can 528 be found in the Funding Agreement, which specified that the parties intended to begin 529 construction on the round about and Wood Road Bridge in May 2007 with completion in 530 November 2007. The Town consented to moving this improvement to 2010 in the 531 Construction Management Plan and there is an expectation by the Town that the work 532 should commence next summer. Related WestPac maintains that there is no obligation 533 except to the extent that the Funding Agreement specifies that the "...Developer may 534 not obtain a certificate of occupancy for any of Buildings 5, 9AB or 9C in Phase 2B of 535 the Project or for any building in any subsequent phase of the Project ...until the round- 07-06-09tc Minutes Page 12 of 19 536 about is substantially completed and the bridge in accordance with the design building 537 agreement or the Town otherwise agrees ..." 538 539 Conrad further stated that staff believes that there is a technical default of the Funding 540 Agreement in that required documents pursuant to the agreement were not provided in 541 a timely manner. In addition, Building 13B (Viceroy Hotel Phase 11) was permitted to 542 move from Phase 3 and Construction Management Plan amendments were approved 543 by the Town with the expectation that the round-about would commence construction in 544 2010 to address anticipated traffic impacts associated with Base Village buildout. 545 546 In response to an inquiry by Councilman Lewis, if the buildings don't get built before we 547 have the round-about does that take value away from the property if they were to be 548 condemned and sold? 549 550 NOTE:Mayor Boineau took public comment at this time. 551 552 Mel Blumenthal, Part-time Resident 553 Blumenthal stated strong approval in exercising our rights and inquired if all we are 554 going to have is 13A would traffic studies have triggered the need for the round-about 555 and if it does not "Should we really be pressing the round-about issue?" 556 557 The Public Works Director Hunt Walker stated that staff researched this to see if it was a 558 trigger and determined that the round-about was needed at full buildout so "I would say 559 strictly from a traffic standpoint, that 13A does not trigger it and that we could operate 560 safely until full buildout, when the round-about is required." 561 562 Bob Purvis, Planning Commission Member 563 Purvis commented on two issues: "1)Signaling to those who we wish to hear what we 564 intend to do that they might wish we didn't do - it's called getting their attention and 2) 565 Knowing if we get their attention what we'd like to talk to them about accomplishing." He 566 stated that "he didn't think that today's discussions were going to be about how to 567 complete Base Village by the middle of 2010. First, get 13A opened and operating 568 'Although holding an occupancy permit might not be something that the Aspen Skiing 569 Company and/or CORE would like to see but I wouldn't put that one back in the drawer 570 quite yet frankly.' And 13B frankly, if I were you I could care less about 13B in 2010, 571 2011 - 1 could care a lot as I've heard you folks say about finishing 7, building real 572 representation at least interim because the guts of that are your mobility and vertical 573 circulation and doing something with A and quite frankly some of you will know I don't 574 care whether you build it or ball it up but just either make it built or make it green and 575 that's what I think the program is." "You guys have got to put everything on the table 576 and I'm sure Mel didn't mean that he wanted you to take the round-about off the table as 577 the default in one of the four critical issues - that contains default under the Funding 578 Agreement but get the attention of the folks that you want to come to the staffs table 579 and makes some meaningful progress in the direction of getting done what you want 580 done now in the near and immediate term. And then part three is if they don't wake up 581 they don't come to the table or they come to the table and they can't produce because 582 they're all nice guys and I frankly like them all, which I can't necessarily say that about 583 some of the folks that they find themselves working with. And if they don't those who 07-06-09tc Minutes Page 13 of 19 584 need to come to the table and produce appropriate results well you've already explained 585 what you intend to do. Then I would agree with Arnie and Markey." 586 587 Dwayne Romero, Related WestPac Representative 588 Romero stated that "He just wanted to echo some of Bob's comments and I would agree 589 that the purpose of the intent is three fold 1)To get the attention, 2) Is to gather as staff 590 has been constructively trying to do for the last seven months, gather with the right 591 parties and individuals at the table to discuss steps going forward in a very productive 592 and in my personal opinion a very proactive manner to both fix interim problems and 593 then look at the longer vision for the next several years here in Snowmass Village. 1 594 want to add that we have experienced our own frustrations and I want to add that we 595 own our own delays or failures so you're not going to hear any quibble or some sort of 596 explanation away but we do have sincere intent and are doing this on a daily basis. In 597 fact this week I'll be flying tomorrow night to New York to meet with Hypo and Related at 598 Hypo's offices in this particular dialogue obviously will stay very constructive and 599 positive with valuable set of input and will be echoed among other things. And it is our 600 continued purpose as we've said to you since December, is our continued purpose to 601 continue to try to make optimal progress not just for developers and not just for banks 602 but for our community. So, that translates to our little reduced team on the ground here 603 today is to focus on keeping the funding and keeping the actions and the operations 604 alive around the Viceroy building 'I say that sincerely' keeping things in place - that is 605 no easy task for us at the moment. Secondarily, is to the extent that we can stabilize 606 and secure the site as we talked about back in April - we talked about Building 8 and the 607 temporary suspension of 8 and the stoppage of 8 how can we address and amend that 608 to the extent that we can make it somewhat respectable and we are also talking to other 609 parties. I'm not at liberty to go any further than that but we are trying to find resolution 610 and resolve that works for all of us as a community. I'll add this final statement and just 611 take it as kind of a personal statement, as a community citizen here, living in the Valley, 612 knowing that I'm raising my children here, and knowing that I intent to be here for the 613 long haul I am at least thankful that we still have a developer that we're talking to and 614 we are collectively getting attention. That's statement number one, statement number 615 two is I'm very happy that we still have a funding source - albeit injured and reduced it 616 too is still alive and it too is still kicking and it has a firm intent just as we do to finish that 617 piece that we can finish, the Viceroy. We're also finishing on the side 'Just FYI' we are 618 finishing Sinclair Meadows with another set of commitments and resolve and a funding 619 source that's healthy and is current and we fully intent to finish that. And as staff has 620 reported all these other little pick-up items as individuals maybe not that important but 621 are very important, such as landscaping and committing to a quality package of 622 landscaping and not delivering you a damaged bill of goods - those are the kind of day- 623 to-day conscious efforts that we're focusing upon. Romero summarized as follows: we 624 get the attention, we want to have the continued dialogue with the right kind of people at 625 the table and we want to try and find resolve. And as we go forward through the rest of 626 the memo if you're so inclined to hear from me I'd love to provide additional inputs if you 627 feel that to be constructive." 628 629 WOOD ROAD 630 The Town Manager stated that pursuant to the 2009 Construction Management Plan 631 (CMP), the lower portion of Wood road (Viceroy to Wood Road Bridge) should be 632 repaired and resurfaced. He stated that there is a strong likelihood this will occur prior to 07-06-09tc Minutes Page 14 of 19 633 any Viceroy opening or occupancy and the Town has taken the position in the CMP that 634 the rest of Wood Road should be repaired to the Crestwood and completely refinished 635 to Fanny Hill Cabins in 2010. Related WestPac proposes to upgrade each segment of 636 Wood road only when future buildings along Wood Road come on-line. He stated that 637 the Wood Road progress should be reviewed as part of the 2010 construction 638 management plan. 639 640 Councilmen Lewis, Mordkin and the Mayor stressed the importance of the Town getting 641 the resolve for whatever benefit the community could receive in the short run by getting 642 the Viceroy up and running. This should not be outweighed by the detriment the 643 community has to face and if it means that the Viceroy does not come online then so be 644 it. 645 646 LANDSCAPING 647 The Town Manager reported that staff has completed an inspection of landscaping 648 located in and around Brush Creek that was planted by Related WestPac in 2008 and 649 staff now sees multiple trees that are dying and shrubs that were not planted; the Town 650 has not accepted the improvements. Related is currently working on the site to address 651 landscaping deficiencies and not completing the landscaping could also be a default in 652 the Base Village Subdivision Improvement Agreement and staff would propose 653 declaring a default if the landscaping is not completed and accepted by the Town. 654 655 FINANCIAL ISSUES 656 The Town Manager Russ Forrest referred Town Council to packet page 173 depicting 657 the detail of the current bills owed to the Town by Related. Forrest emphasized that the 658 total is significant and amounts to $640,260.35 and that one of the bills is a commitment 659 from Related to pay for civil/access road work for the New Town Hall in the amount of 660 $130,000.00; he stated "this is not a Base Village fee but a bill we believe Related 661 owes." He stated that the other associated fees do relate to Base Village as depicted in 662 the matrix summary of bills owed by Related WestPac. Forrest pointed out that Related 663 owes $232,297.35 as an occupancy fee for the opening of the Base Village garage, this 664 is a fee that helps pay for other road impacts throughout the Town. 665 666 In response to an inquiry by Town Council, the Planning Director Chris Conrad 667 explained that when his department receives a land use application the Applicant signs 668 an agreement that sets forth a base-rate fee that they owe for an application of that 669 type, which is drawn down by our hourly fees, attorney fees and consultant fees; when 670 the Applicant has uses that base-rate amount the bill is due in arrears in a flat-rate fee 671 on the monthly billing cycle. The Town Manager explained that the Building Fees on the 672 matrix in the amount of$119,730.00 is the plan review fee for Building 8 and "what 673 typically happens is the Applicants wants to come in and build it and that is when they 674 pay; usually the Applicant is knocking down your door to pay the fee and pick up the 675 building permit." Conrad stated that the Planning Department would not accept another 676 land use application until all the related fees in the past have been paid current. 677 678 Councilman Mordkin clarified that the ultimate authority for collections is that the Town 679 has is in the event that someone wants to occupy the building and can not due to unpaid 680 fees, which means that a Certificate of Occupancy cannot be issued and this is where 681 the Viceroy issue comes in. 07-06-09tc Minutes Page 15 of 19 682 683 In response to an inquiry the Councilman Lewis, Forrest stated that staff is pursuing 684 collection of all these bills, placing liens on property for lack of payment on the bills is an 685 action that could be taken and withholding occupancy on the Viceroy until associated 686 planning, legal, and building fees for the Base Village PUD are paid for could be an 687 option staff will investigate. The Town Attorney John Dresser stated that the Town 688 Code provides that "...no building permit or Certificate of Occupancy shall be issued..." 689 690 In response to an inquiry by Mayor Boineau, the Town Manager Russ Forrest and the 1591 Planning Director Chris Conrad stated that the Town does not owe anyone money to an 692 outside entity. 693 694 Related WestPac Representative Dwayne Romero stated that they have classified 695 financial issues being discussed today into three distinct buckets/categories including 696 the following: 1) Waiting additional backup, 2) Disputes in progress and 3) Non-issues 697 in which they are simply working from cash flow and have prioritized accordingly. 698 699 Mel Blumenthal commented that discussions concerning financial issues are going too ° 700 fast for him and inquired "if in fact this is a breach/default of a contract/ 701 agreement, what out of the $640,260.35 is currently due and payable?" 702 703 Forrest stated that "In my own opinion, outside of the $130,000.00 for the Town Hall 704 access road, which I still believe they owe us' the rest are fees they need to pay." 705 706 The Town Attorney answered from a legal standpoint and stated that "it is hard to know 707 what hat Pat Smith was wearing all the time but I believe that the Town Hall access road 708 was tied to the development of the Snowmass Center, which is owned by Brush Creek 709 Capital Holding so to put this into the Related WestPac bills is appropriate and staff is 710 informing the Town Council that we believe that obligation is still out there and is still 711 due." He further explained that he does not believe this is the basis to withhold the 712 Certificate of Occupancy on the Viceroy and the rest are fees that relate directly to the 713 Base Village PUD as a whole and remedies apply to it as a whole and is a breach of the 714 Fee Agreement. 715 716 OPERATIONAL 717 Forrest stated that the primary operational impact of the work stoppage at Base Village 718 is not having the Transportation Facility. He reported that staff does not anticipate the 719 facility being available for the 2009/2010 ski season even if Related WestPac receives 720 financing approval in the next month. He further explained that a concern of not having 721 this facility is that employees of the Viceroy using RFTA will walk along Brush Creek 722 Road to Wood Road to gain access to the Hotel. In addition, guests coming to Base 723 Village will not have RFTA services without interim Building 7. 724 725 Forrest further stated a longer term issue within the matrix is that if development stands 726 as it is today will there be issues in terms of funding within the Metro District and the 727 G.I.D.? 728 729 EMPLOYEE HOUSING 07-06-09tc Minutes Page 16 of 19 730 The Planning Director Chris Conrad reported that there currently are five completed 731 employee hosing units in Base Village and Related WestPac has postponed selling 732 them at this time. He further stated that staff believes that these units may be at risk as 733 restricted housing if Related continues to be unable to offer them for sale as there is the 734 possibility that they can not clear liens or they becomes unavailable as a result of 735 foreclosure. Conrad stated that if we take the employee housing mitigation that is 736 required for all the buildings completed and add in 13A it is over 90,000 square feet of 737 employee housing; if Club Commons II and Sinclair Meadows when completed will 738 provide approximately 79,000 Square Feet leaving an 11,000 Square foot shortfall; 739 Sinclair Meadows should definitely be completed before the Viceroy as a requirement; 740 staff has confirmed that 8,360 Square feet of housing credits were acquired by Related 741 from the Aspen Skiing Company at the time Base Village was purchased, therefore, it is 742 essential that these units be made available prior to any Certificate of Occupancy for 743 Building 13A in order for the completed buildings to have been mitigated. 744 745 Related WestPac Representative Dwayne Romero stated that they are fully aware that 746 the units have to be as Conrad specified made available prior to Certificate of 747 Occupancy, they did have them put to the market then back out, due to the seller 748 disclosure issue. Candidly, Romero stated that they are at that point where they are 749 having deep discussions with lenders, who have let them know that seller disclosure - 750 no contracts may actually put purchasers in some level of jeopardy so we told them that 751 until they can get some level of clarity just pull them back off. Romero stated that there 752 are two units that need a dedicated laundry room, which is being constructed as he 753 spoke here today and they will get them completed and make them available with that 754 dedicated laundry room. He further reported that evidence that Related or potential 755 successors have the ability to acquire the additional 30,571 square feet of housing 756 credits required by the Housing Agreement has never been provided to the Town, which 757 remains a serious concern. The inability of Related to ensure that the credits are readily 758 available to satisfy future development in Base Village and for these and other technical 759 reasons, it is staffs opinion the Housing Agreement is in default. 760 761 Brush Creek Land Company, LLC Representative Don Schuster confirmed that they 762 have an agreement with Related WestPac executed at closing and under the terms of 763 that agreement Related has an option to purchase from Aspen Skiing Company (ASC) 764 30,000 square feet of the 42,105 square feet acquired from Snowmass Land Company; 765 they have not yet closed on that transaction. Schuster clarified that Brush Creek Land 766 Company is the holder of the 42,105 square feet and the agreement that he referenced 767 is a three-party agreement between Related WestPac, ASC and Brush Creek Land 768 Company LLC, which is still in existence. 769 770 After further discussion, Council consensus approved the following for immediate action: 771 1)The financial items that need to be cured, 2)Proceed with issuance of the Default 772 Letter on Building 7; Development Agreement and 3)Proceed with the Urban Renewal 773 Authority condemnation and obtain a private development partner, as well as provide 774 Council with how this process would be conducted. 775 776 Council consensus for the next steps to proceed forward with are as follows: 1)Relative 777 to the Certificate of Occupancy on the Viceroy, when the Applicant takes care of the 778 financial issues, then complete Sinclair Meadows and Wood Road; 2)Release the 07-06-09tc Minutes Page 17 of 19 779 Certificate of Occupancy for the five Employee Housing units and 3)Landscaping, which 780 is only 50% complete. 781 782 The Town Attorney John Dresser, Town Manager Russ Forrest and Council Member 783 Butler discussed the triggers for the vesting rights and determined that the default of the 784 following four agreements are triggers for continued vested property rights: 1) Base 785 Village Restricted Housing Agreement, 2) Base Village Funding Agreement, 786 3)Subdivisions Improvement Agreements, and 4) Base Village Services Agreement. 787 Forrest stated that the affected projects associated with these four triggers are the 788 Employee Housing units, as well as the landscaping. 789 790 After this Council consensus determined that they would be better prepared to discuss 791 the Vesting Rights issue within a two-week time period. 792 793 Mel Blumenthal requested an explanation of what exactly is involved with extending the 794 Vesting Rights another ten years. In response, the Town Attorney John Dresser 795 reported that duration of the Vesting Rights period expires November 3, 2014 and if the 796 developer has completed Phase 2B (including Buildings 4AB, Buildings 5, 9A, 9B, and 797 9C, with underground parking in the main parking structure and the Aqua Center) as 798 defined within the ordinance the vested price shall be expended upon expiration of 799 another ten-year time period of November 3, 2024. 800 801 NOTE:Mayor Boineau took Public Comment at this time. 802 803 Rick Balentine, Local Resident and Base Village Sub-contractor 804 Balentine stated that he has concerns about what he is reading in the local newspaper, 805 reminded Town Council that a lot of work has been performed in Base Village which 806 contractors have not gotten paid since last year by Related WestPac, which amounts to 807 hundreds of thousands of dollars. He further inquired of Council whether the Town's 808 obligation agreements include a way to enforce payment to the contractors. In 809 response, the Town Attorney stated that the contractors have their rights exercised 810 under the Mechanics and Material man's Liens offered through the State of Colorado; 811 the Town is not a party to contracts between Related WestPac and contractors. The 812 entire Town Council expressed how very sad this news makes them feel. 813 814 Lastly, Council Member Butler expressed that she has valued and enjoyed all the 815 people working on the ground projects relating to Base Village, who are very much a 816 part of the fabric of this community. 817 818 Item No. 9: MANAGER'S REPORT 819 820 IGA PROCESS 821 The Town Manager Russ Forrest clarified that Council would still like staff to proceed to 822 IGA predicated on the Aspen School district giving us some good information to help 823 create this process. 824 825 ETHICS CODE 826 Forrest reported that there have been some a-mails regarding the Ethics Code 827 standards being changed. 07-06-09tc Minutes Page 18 of 19 828 829 Mayor Boineau stated that he feels this Council has an even better Ethics Code than 830 what the State requires and he does not understand why a request to change it is 831 coming forth. 832 833 Council Member Wilkinson explained that not one member of this council has been 834 totally trained with regard to legislative action. The rest of Council disagreed with 835 Wilkinson's statement. 836 837 Wilkinson stated that there have been times in recent history when fellow council 838 members should have recused themselves and did not, when there was a financial 839 interest being discussed. 840 841 Mayor Boineau stated that the Ethics as they stand are pretty good. Wilkinson stated 842 "Well then we need to enforce them because individuals in this room need to disclose 843 that and recues themselves." Council Member Mordkin stated that the problem is that it 844 is entirely up to each council person involved as to whether or not a recusal is 845 necessary and would influence their decision one way or another. 846 847 The Town Attorney and Wilkinson discussed Section 292 of the Municipal Code 848 referring to Council Code of Ethics and determined that the Town had already adopted 849 the State regulations and practices a more restrictive code of ethics. 850 851 After further discussion, Council majority did not support Wilkinson's request to change 852 the Town Code of Ethics, since the Town of Snowmass Village's Code of Ethics is 853 higher than the State's. 854 855 Merchant's Meeting 856 Forrest provided Council with information on the last Merchant's Meeting and reported 857 that they are having a following up meeting Wednesday, July 81" at 9:00 a.m. in front of 858 Fuel Restaurant. He reported that the merchants may also ask the Marketing Special 859 Events & Groups Sales (MSE&GS) Board to potentially fund over a quarter(1/4) million 860 dollars of their contingency funds. 861 Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING 862 863 The Town Manager stated that Item No. 4 on the July 20`h Agenda is a placeholder for 864 potential discussions with the Aspen School District Board on employee housing. 865 866 Item No. 11: APPROVAL OF MEETING MINUTES FOR APRIL 6. 2009 867 868 Reed Lewis requested a correction to page 5 of the Minutes from loose to lose. 869 870 There being no further amendments or discussion, Reed Lewis make a motion to 871 approve as amended the meeting Minutes of April 6, 2009, Markey Butler seconded the 872 motion. The motion was approve by a vote of 5 in favor and 0 opposed. 873 874 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 875 Markey Butler. 07-06-09tc Minutes Page 19 of 19 876 877 Voting Naye: None. 878 879 Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 880 881 SNOWMASS TOURISM BOARD SEAT 882 Reed Lewis requested that staff investigate whether or not it is prudent for Related 883 Westpac to sit on the Tourism Board. Town Attorney John Dresser stated that he would 884 report findings to Council in the near future. 885 886 RETAIL BUSINESS TURNED AWAY 887 Reed Lewis reported that he received some disturbing information from a party 888 interested in opening up a new business at the mall and was turned away by Related 889 WestPac, since Related didn't want saturation of the same kind of businesses at the 890 mall location. Lewis stated that the Town Council as a governing body would like to see 891 more businesses everywhere in town and the retail community is trying to work through 892 this tough economy. There are already an alarming number of empty spaces with 893 businesses shutting their doors because it is more expensive for them to keep utilities 894 on than stay open. 895 896 Item No. 13: ADJOURNMENT 897 898 Arnold Mordkin made the motion to adjourn the Regular Meeting of July 6, 2009, Reed 899 Lewis seconded the motion. The vote was approved by 5 in favor and 0 opposed. The 900 Meeting adjourned at 9:40 p.m. 901 902 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 903 Markey Butler. 904 905 Voting Naye: None. 906 907 908 Respectfully Submitted By: 909 910 911 912 Donna J. Garcia-Spaulding, CMC 913 Deputy Town Clerk 5th DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING SEPTEMBER 14, 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: CONTINUATION OF PUBLIC HEARING AND SECOND READING — ORDINANCE N0, 9, SERIES OF 2009 —SNOWMASS CHAPEL Time: 60 minutes) THE RE-ZONING TO 'MIXED-USE-1' (MU-1) TOGETHER WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS (Continued from the July 20, 2009 Meeting) Jim Wahlstrom ..................... Page 1 TAB A) Together with" Item No. 5: RESOLUTION NO. 14, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) SUBDIVISION EXEMPTIONS INVOLVING LAND EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION Jim Wahlstrom ..................... Page 176 TAB B) Together with" Item No.6: RESOLUTION NO. 15, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) A FINAL RE-PLAT LOTS 1 AND 2 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION, INCORPORATING THE ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION, TOGETHER WITH THE RE-PLAT OF LOT 2A OF 08-17-09 Page 2 of 3 THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION RE-PLAT A." ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 9, Series of 2009, together with Resolution No. 14, Series of 2009 and Resolution No. 15, Series of 2009 Jim Wahlstrom ..................... Page 184 TAB C) Item No. 7: INFORMATIONAL PRESENTATION ON URBAN RENEWAL AUTHORITY (URA) 60-minute) ACTION REQUESTED OF COUNCIL: Receive presentation by outside Council. John Dresser Item No. 8: RODEO PLACE PHASE 2B Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Determine if there is market demand to allow the Town Manager to enter into a contract with Rudd Construction for Phase 2B Joe Coffey ............................. Page 210 TAB E) Item No. 9: COMPREHENSIVE PLAN — Time:45 minutes) ACTION REQUESTED OF COUNCIL: Review red-lined version of of all Chapters and Chapter 10 Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB --) Item No.10: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page (TAB--) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 12: APPROVAL OF MEETING MINUTES FOR: Page (TAB--) Item No.13: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No.14: ADJOURNMENT 08-17-09 Page 3 of 3 NOTE: Total time estimated for meeting: Approximately 4.5 hours excluding items 1-3 and 10 —14) 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. Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Town Council EOTC - Meeting SMV 4:00 p.m.CONF. 0 CENTER 9 10 11 12 13 14 15 Town Picnic REC CTR 4:00 — 7:00 pm 16 17 18 19 20 21 22 Town Council Meeting 4:00 p.m. 23 24 25 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Labor Day 13 14 15 16 17 18 19 Town Council Meeting 4:00 p.m. 0 1 20 21 22 23 24 25 26 27 28 29 30 Town Yom Kippur Council begins Meeting 4:00 p.m. Yom Ki it SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN A)S N 0 W M A S S,. ASPEN SKIING COMPANY Minor PUD Amendment Snowmass Club Employee Housing Submitted7o: Town of Snowmass Village Post Office Box 5010 Snowmass Village, CO 81615 App(icant: Donald Schuster Aspen Skiing Company Post Office box 1248 Aspen, CO 81612 970-923-8752 UpdA+cd August 1, 2009 RECEIVED wl s v"wi44al 1104 JUL 3 0 1009 h NOMI Ur>mlN 110V1 JIFVV/mQ1 Q cmdge Community Development P.O.Box 1248 V191Vltil SNbA1 Aspen,CO 81812.1248 970.825-1220 MAI 11 1 UPIwww.aspensnowmass.eom s m"M R%,OW NW SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN (S N 0 W M A S S. ASPEN SKIING COMPANY i• May 11, 2009 Chris Conrad Planning Director Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Re: Minor PUD Amendment Snowmass Club Employee Housing Dear Chris: Please find attached our submission of a Minor PUD Amendment for the Snowmass Mountain Club Employee Housing project. The Minimum Contents and relevant floor plans are contained within as well as the construction management plan. We look forward to your review and consideration of this application. Please do not hesitate to contact me with questions, comments or requests for additional information. Sincerely, s: Dana Dalla Betta Project Manager 970-923-8710 ddallabetta @aspensnowmass. com P.O.Box 1248 Aspen,CO 81612-1248 970.925.1220 www.aspensnowmass.com HMO R.1k ft, MAL DESCR Mom A TRACT OF LAND WCAIED IN SEOW TOWNSHIP IQ, SOUTH. RANCE 86 WEST. SECI)*.,31, TOMAtSFI fk- SOUTFI, RAW-5 VEST. AND SECTION 64 TOOM41P IO SOlFiSt} RAi?CE'e ._WEST'# tX'TH PRINpPAt IfERIDiAN. TOWN' OF SNONAM LAW. MWTY'OF;PITKIN, STATE OF COLORADO. BONO MORE PARWAARLY DESCOtIBEO AS FOGIAWS; PARCEL 10. T4 SNOw"SS CM SUBDIMSUON AS RECORDED IN PLAT BOOK 9 AT PACT: 32 EXCEPT ; OUT PARCEL A. THE HOMESTEAD AT SNOW1,tASS REPLAT AS RECORDED IN PLAT BOOK 24.AT PACE 2. ALSO EXCEPT; THE SNOMKIASS (Jg SUBDIWSIOIC. PARCEL 10. FILINO I, LOT 1 AS RECORDED IN PLAT BOOK 16 AT PACE 52. ALSO EXCEPT; THAT PORTION THEREOF CONVEYED BY SNORMASS CLUB ASSOICATES. A COLORADO GENERAL PAR.TMERS41. To THE TOW OF SNOMMASS VILLAGE, A NOME RULE MUNICIPALITY. BY OEEB RECORDED FEgWARY 22, 1990. IN BOOK 614 AT PACE $16. ALSO EXCEPT. THAT PORTION THEREOF DESCRIBED AS FOLLOWS BFpNNL((Q AT TINE NORTHWEST CORNER OF LOT 12 PARCEL I, FuNG N0. 4 Of SAID SNOWY AU CIAIS StIftMSLON: THQIt Htl'S3'S3'E. 53:00.F•'FI:Y; THENCE $ '05.'Y7"E, V417 FEET; TNEFiOE Sf 'S3'#3!hY. 49.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 12: THENCE 70w..,+ LO4 THE NORTwMy BOUNDARY LINE OF SAID LOT 12 A D15YANCE OF 21tui FEEL' To THE POINT OF 8E01IIIMNO. TOOETHER .CMTM LOT 4 PARCEL <. TK Vfq%%ASS CM P.UA.. BE" A REPLAT OF A PORTION OF PARCEL 4 AS RECOkbM IN 11LAT BOOK 52 AT PAGE 78. TOGETHER M6Tk THE SNOWMASS'CLUS SUWrOCK LOT S. PARCEL 3 FILING 4 AS RECORDED IN PLAT BOOK 14 AT P"AOE s. - ' SNCML6AAS$ CLUB /tSSOgk S, k gRApO.UML'tEB UABIUrY OWCPANr HEREBY REPLAT; Tiff PROOtOTY . 715 TRACT A. FARCES. ID, LOT L PARCEL 4 AND LOT 3. PARCEL 4. YK SdOir Aa. oAM'$,.wj& ( ,k t #EPLAT AND DOES HEREBY DEDICATE THE as&ENTS AS SHOMIN MEREdN TO THE TOMN OF SNOMI,CASS YILLAG'E. SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK A S P E N Cf S N O W M A SS. ASPEN SKIING COMPANY May 4, 2009 Mr. Chris Conrad Planning Director Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Re: Snowmass Club Employee Housing Dear Chris: 1 am an authorized representative of Aspen Skiing Company. 1 am also an attorney licensed to practice law in the State of Colorado. Aspen Skiing Company is the sole member and manager of Snowmass Club Associates, LLC. ("SCA"). SCA is the owner of the real property which is the subject of the above referenced land use application. That property is specifically described on the attached legal description. A title commitment further evidencing SCA's ownership of referenced property is available for inspection in my office. There are no mortgages, deeds of trust or other pledges encumbering the subject property. Snowmass Club Associates, LLC, consents to the filing of the referenced land use application and the granting of the actions requested in the application. A letter of agreement and authorization from Snowmass Water and Sanitation District is also included in this application. SCA authorizes Don Schuster to act on its behalf in the processing of the application. Sincerely, Davi Bella& Sr. Vice President P.O.Box 1248 Aspen,CO 81612-1248 970.925-1220 www.aspeosnowmass.com w ALTA Commitment For Title Insurance a v s Tide INSURANCE AUTHORIZED AGENT: PITKIN_COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3F9 FLOOR ASPEN, COLORADO 81611 970-926-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: TJ Davis - (tjd @sopris.net) Tom Twitchel( - (tomt@sopris.net) Joy Higens - (joy @sopris.net) Brandi Jepson - (brandi @sopris.net) - Closing & Title Assistance Issued By ML TitleMII/6YRI. y i VY0. tle Home Office: 5600 Cox Road Glen Allen, Va. 23060 B 1004.268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 20,2009 at 8:00 AM Case No. PCT22479L 2. Policy or Policies to be issued: a)ALTA Owner's Policy-(6/17/06) Amount$0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA b)ALTA Loan Policy-(6117106) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: SNOWMASS CLUB ASSOCIATES, LLC,A COLORADO LIMITED LIABILITY COMPANY 4, The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 1, PARCEL 4,THE SNOWMASS CLUB PHASE I AND II REPLAT,according to the Plat thereof recorded July 24, 2002 in Plat Book 61 at Page 29 as Reception.No. 470198. PITKIN COUNTY TITLE,INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925.1766 Phone/970.925-6527 Fax unless the Insuring 877-217.3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned; t SCHEDULE B-SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a)Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record to-wit:' THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. ' 2. Easements, or claims.of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens,.encumbrances, adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district., 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 21, 1892 in Book 55 at Page 30. 8. Terms, conditions, provisions and obligations as set forth in Snowmass Water and Sanitation District Outfall Sewer Easement recorded January 19, 1968 in Book 232 at Page 493. 9. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed recorded April 22, 1971 in Book 254 at Page 827. 10. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 22, 1971 in Book 254 at Page 831. 11. Terms, conditions, provisions and obligations as set forth in Agreement recorded September 28, 1971 in Book 258 at Page 164. 12. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed recorded May 22, IP2 in Book 263 at Page 766. 13. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed recorded July 26, 1972 in Book 265 at Page 353. 14. Easement and right of way for an electric transmission or distribution line or system,as granted to Holy Cross Electric Association, Inc., in instrument recorded March 21, 1973 in Book 273 at Page 776. 15. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed recorded February 3, 1978 in Book 343 at Page 52. Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 16. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument recorded April 25, 1978 in Book 346 at Page 745. 17. Terms, conditions, provisions,obligations and all matters as set forth in Ordinance No. 8, Series of 1980 by Town of Snowmass Village recorded April 23, 1980 in Book 388 at Page 44. 18. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc.,in instrument recorded August 19, 1981 in Book 412 at Page 733. 19. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 27, 1982 in Book 420 at Page 365. 20. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 11, Series of 1982 by Town of Snowmass Village Town Council recorded July 19, 1982 in Book 429 at Page 431. 21. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 38, Series of 1983 by Town of Snowmass Village Town Council recorded May 27, 1983 in Book 445 at Page 911. 22. Terms, conditions, provisions,obligations and all matters as set forth in Ordinance No.31, Series of 1983 by Town of Snowmass Village Town Council recorded January 5, 19134 in Book 458 at Page 543. 23. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded July 17, 1984 in Book 469 at Page 789. 24. Terms, conditions, provisions and obligations as set forth in Landscape Easement recorded August 7, 1984 in Book 471 at Page 79. 25. Terms, conditions, provisions and obligations as set forth in Designation of Successor and Assign recorded January 14, 1985 in Book 479 at Page 717. 26. Terms, conditions, provisions and obligations as set forth in Designation of Successor and Assign recorded January 14, 1985 in Book 479 at Page 738. 27. Terms, conditions, provisions, obligationsand all matters as set forth in Ordinance No. 8, Series of 1985 by Town of Snowmass Village Town Council recorded March 21, 1985 in Book 483 at Page 199. 28. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 19, 1985 in Book 484 at Page 894. 29. Terms, conditions, provisions and obligations as set forth in Instrument recorded December 2, 1986 in Book 523 at Page 893. Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 30. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded January 22, 1990 in Book 612 at Page 374. 31. Terms, conditions, provisions and obligations as set forth in Memorandum of Agreement recorded April 20, 1990 in Book 618 at Page 724. 32. Terms, conditions,provisions and obligations as set forth in Public Trail Easement recorded August 31,1990 in Book 628 at Page 625. 33. Terms, conditions, provisions and obligations asset forth in Drainage and Detention Pond Easement recorded August 31, 1990 in Book 628 at Page 634. 34. Terms, conditions, provisions and obligations as set forth in Golf Play Easement recorded August 31, 1990 in Book 628 at Page 645. 35. Terms, conditions,provisions and obligations as set forth in Easement Agreement recorded December 23, 1991 in Book 665 at Page 232. 36. Terms, conditions, provisions and obligations as set forth in Agreement recorded April 9, 1993 in Book 708 at Page 354. 37. Easement and right of way for an electric transmission or distribution tine or system,as granted to Holy Cross Electric Association, Inc., in instrument recorded September 5, 1996 as Reception No. 396719. 38. Terms, conditions, provisions and obligations as set forth in Release and Assignment recorded December 29, • 1999 as Reception No. 439042. 39. Terms, conditions,provisions and obligations as set forth in Subdivision Improvement Agreement recorded January 26, 2000 as Reception No. 439869 and First Amendment thereto recorded December 13, 2000 as Reception No.449599. 40. Terms, conditions, provisions and obligations as set forth in Snowmass Water and Sanitation District and Snowmass Club Associates, LLC Access Agreement recorded June 18,2002 as Reception No. 468829. 41. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement recorded June 26, 2002 as Reception No. 469187 and First Amendment thereto recorded July 6, 2004 as,Reception No.499404. 42. Terms,,conditions, provisions and obligations as set forth in Snowmass Club Recreational Use Agreement recorded June 26, 2002 as Reception No. 469188. 43. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Town of Snowmass Village Town Council recorded July 9, 2002 as Reception No.469684 as Resolution No. 01. Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 44. Terms, conditions,provisions, obligations and all matters as set forth in Resolution of the Town of Snowmass Village Town Council recorded July 9, 2002 as Reception No.469685 as Resolution No. 03. 45. Terms, conditions, provisions and obligations as set forth in Snowmass Club Associates, LLC and Town of Snowmass Village Grant of Emergency Access recorded July 24, 2002 as Reception No. 470197. 46. Terms, conditions, provisions and obligations as set forth in Agreement to Reserve Right-of-Way and Easement Area and Termination of Ancillary Improvements Agreement recorded October 4, 2002 as Reception No.473038. 47. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc:, recorded December 23, 2002 as Reception No. 476374. 48. Terms, conditions, provisions and obligations as set forth in Right-of-Way Grant recorded May 30, 2003 as Reception No. 483408. 49. Those terms,conditions, provisions, obligations,easements,restrictions,assessments and all matters as set forth in Protective Covenants for Snowmass Club recorded January 30, 2004 as Reception No. 493998, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 50. Easements,rights of way and all matters as disclosed on Plats of subject property recorded April 15, 1980 in Plat Book 9 at Page 32, Plat recorded July 25, 1991 in Plat Book 27 at Page 5, Plat recorded July 24, 2002 in Plat Book 61 at Page 29 and Plat recorded December 14,2007 in Plat Book 85 at Page 96. 51. Those terms, conditions, provisions, obligations, easements, restrictions,assessments and all matters as set forth in Declaration of Covenants, Conditions and Restrictions for Base Village recorded December 14, 2007 as Reception No, 544882,deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status,or national origin. 52. Terms, conditions,provisions and obligations as set forth in Snowmass Water and Sanitation District Easements recorded in Book 263 at Page 773, Book 263 at Page 775 and in Book 285 at Page 353. 53. Terms, conditions, provisions and obligations as set forth in twenty foot road easement recorded in Book 343 at Page 52 and in Book 412 at Page 733. 54. Terms, conditions, provisions and obligations as set forth in Holy Cross easement recorded in Book 412 at Page 739. 55. Terms, conditions, provisions and obligations as set forth in Holy Cross easements recorded as Reception No. 438857 and Reception No.438858. 56. Terms, conditions, provisions and obligations as set forth in emergency access easement recorded as Reception No.467267. Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 57. Terms, conditions, provisions and obligations as set forth in access easement and emergency services easement recorded as Reception No. 468829. 58. Terms, conditions, provisions and obligations as set forth in Holy Cross easement recorded as Reception No. 474474. k. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: 1) The Deed of Trust, if any, required under Schedule B-Section 1. 2)Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit)(i)of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage... NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction,the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14(CRS 10-11-122) a)The Subject Real Property may be located in a Special Taxing District; b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurers Authorized Agent; c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123(HB 01-1088), this is to advise: a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s)of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Information we receive from you, such as your name, address, telephone number, or social security number; Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Effective Date: 5/1/2008 Fidelity National Financial, Inc, Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: Information we receive from you on applications or other forms, such as your name, address;social security number, tax identification number, asset information, and income information; Information we receive from you through our Internet websites, such as.your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property,.information from lenders and other third parties involved in such transaction, account balances, and credit card information; and Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction, To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested,for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know.that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 501 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 Snowmass Club Employee Housing Addition Preliminary Plan Submission Minor PUD Amendment: Snowmass Club Phase II Project Description This written project description is submitted in response to the Town of Snowmass Village Land Use code submission requirements per Section 16A-5-40(b). General Project Background: The proposed project utilizes a currently underutilized exterior deck space at the existing Snowmass Club for use as expanded employee dining facilities and employee housing. In addition, this application requests the approval to change 672 SF of existing storage space into office space as a permitted use. The project is located in the Club building of the Snowmass Club which was approved as part of the Snowmass Club Phase I and II Re-plat PUD, Parcel 4, Lot 1 recorded July 9, 2002. The building currently contains one restricted housing unit. The proposed addition will increase the total number of employee housing units to 2. The configuration of the proposed unit meets the definition of dormitory housing and/or a dwelling unit per Section 16A-2-20. The Town of Snowmass Village Comprehensive Plan allows for 60 units total on Parcel 4. There are currently 53 units on Parcel 4. This application brings the total unit count to 54. As part of this approval, we are requesting mitigation credit for 2,872 SF of restricted housing. Pursuant to Section 16A-4-410(d), this square footage exceeds the requirement for housing 10 seasonal employees (287 SF per employee vs. 224 SF required). Mitigation credit would be applied towards future development pursuant to the employee housing regulations in place at the time of such approvals. Seasonal employee housing is extremely valuable to Aspen Skiing Company and this addition will continue our efforts to increase our seasonal bed base adjacent to our resorts. Project Location: The Snowmass Club is located at 0239 Snowmass Club.Circle within the Town of Snowmass Village. The Snowmass Club building is located on Parcel 4, Lot 1 of the Snowmass Club Phase I and II PUD Re-plat. The project specifically is located on the North East side of the existing Club building, above the existing loading dock area. The project is located along the #t3 Route of the Town of Snowmass Village Shuttle and is within walking distance to the RFTA and TOSV bus stops on Brush Creek Road as well as the Aspen Skiing Company provided shuttle service from Club Commons parking lot. 1 Development Program: The project consists of the following: 1 Employee Housing Unit consisting of 2,872 SF of space on the second floor of the existing Club Facility. The unit includes (4) Bedroom/Bathroom Suites with associated common space and kitchen/laundry facilities.There is one 'Type A' handicap accessible bedroom and bathroom provided. Each suite consists of 2-3 bedrooms with a dedicated bathroom. Further detail follows. 511 SF of expanded Employee Dining area off the existing Employee Dining Room on the second floor for use by existing SMC employees. 672 SF of converted office space (formally designated storage) on the second floor of the existing Club facility for use by existing SMC employees. The total Gross Floor area proposed to be added with this project is 3,383 SF. The added employee housing unit is broken down as follows: Item Type Sq Ft Shared Living/Dining Areas N/A 1,102 Suite 1 2 Bed/1 bath 348 Suite 2 3 Bed/1 bath 553 Suite 3 2 Bed/1 bath 339 Suite 4 3 Bed/1 bath 530 TOTAL 2,872 SF Further detail comparing this application to the current PUD approval in place can be found on Page 5 of this document. Site plan/Landscaping: The proposed project is located entirely within the building footprint of the existing Snowmass Club Building. As such, there will be no changes the hardscape, landscape or parking layout as currently provided. The proposed project creates no impacts to natural hazard or resource areas and will not change any of the existing grading or drainage. Architecture: The addition will be located on an existing exterior concrete deck which is over the existing loading dock for the facility. The proposed project was designed to blend with the existing structure in scale, form, finishes and fenestration. The front elevation will align with the existing adjacent elevation. In no place shall the addition exceed the height of the existing structure. The exterior siding will consist of a board and batten and shake siding to match existing. Timber details will be added at the entry to the Employee Dining room to tie into trellis details found elsewhere on the building (at the exterior pools and restaurant decks). The bedroom bays mimic details which can be 2 found on the adjacent condominium buildings. The grouping of windows within these bays is also typical of the existing structure. The addition will be visible from the condominium building though it will not adversely affect the residents. The windows looking out to the new addition are all within corridors and secondary guest bedrooms. The addition will be visible from Highline Drive and from the Water and Sanitation Building. The efforts made to blend the addition with the existing structure combined with the height remaining below the existing structure should mitigate any concerns or adverse affects. Proposed Variations: The proposed project generally complies with the TOSV Land Use Code per Chapter 16 with the exception of the parking requirements. We are requesting a waiver of the parking requirements as per Section 16A-4-310 and are proposing no additional parking as a result of this addition. Residency in the new units will be restricted to those employees who do not own a vehicle. Requirements will be written into lease agreements which will prohibit any on site parking for the employee housing units. This provision will be enforced in fines spelled out within the lease. Aspen Skiing Company does not anticipate this restriction to be an issue. We typically have a large number of seasonal employees, both domestic and international, who do not arrive with a vehicle. Those employees who do have a vehicle will be accommodated at other employee housing facilities owned by ASC. Based on this proposed variation, we are also requesting a waiver for any transportation impact analysis. Additional Review Criteria: Fiscal Impact: Based on the proposed uses within the project and the minor size of the project, we are requesting a waiver of the Fiscal Impact Report requirement. Provision for Services (Water, Waste, Utilities etc): The Town of Snowmass Village Solid Waste Department and the Snowmass Water and Sanitation District have both agreed to provide service for the proposed addition. All solid waste will be accommodated within the existing trash compactor currently servicing the Snowmass Club. Will Serve letters are attached. There is sufficient electrical and gas service to the property to meet the demand of the new space. Additional meters may be installed to the existing service lines to account for proper expense allocations. Energy Conservation Plan: The project will be constructed with The Aspen Skiing Company's goals towards energy conservation. The addition to the employee dining facility will be run off the existing 3 Snowmass Club mechanical systems. The Employee Housing portion will be heated via a roof mounted hot water coil unit. The space will be separated into 3 different zones to provide adjustment based on solar exposure. Cooling will be provided through the addition of an economizer which will take advantage of the times where the outside air temperature is cooler than the interior. All appliances installed will meet Energy Star ratings. Interior and exterior lighting will be selected with efficiency in mind. Bathroom fixtures installed will be low flow and meet all applicable codes and guidelines. Transportation, Access, Parking and Circulation: As noted in the previous section, residents in this complex will not be allowed to have a vehicle. As such, they will utilize both public and private transportation options while residing at the Snowmass Club. Residents will have several transportation options including: Utilizing the existing private shuttle provided for employees by Aspen Skiing Company at the Club Commons employee housing complex Utilizing the Town of Snowmass Village Town Shuttle Utilizing RFTA bus service available on Brush Creek Road Air Quality: Due to the minor size of this addition, we are requesting a waiver of any Air quality impact studies. Geologic Report: As noted previously, the project does not impact any area outside of the existing building footprint has no geological or soil related concerns. As such we are requesting a waiver for the submission of a soils report as the structural engineer has determined the existing foundation of the Club building will support the proposed addition. Brush Creek Impact report: Although this project is within the Brush Creek impact area, there are no changes to the building footprint or drainage and thereby no impact to Brush Creek. As such, we are requesting an exemption to the Brush Creek impact report requirement. Construction Management Plan: Please see the attached written and graphic construction management plan and construction schedule included with this application. Restricted Housing: The project mainly consists of restricted housing and associated employee facilities. As such, there is no restricted housing mitigation required. The expanded office space will be used to relocate existing employees into new space and will not create a demand for new employees. 4 Comparison of Approved vs Proposed PUD: As noted, the project is part of the original Snowmass Club PUD, specifically Parcel 4, Lot 1. Lot 1 Development Standards as approved are as follows: Item As currently approved As proposed Lot Size: 18.854 Acres More or less No Change Athletic Club, Restaurant, Tennis Complex, Child Care Facility,Offices, Permitted Uses: Restricted Housing No Change Number of Units 1(2 bedrooms) 2(12 bedrooms total) Unit 1-16915F more or less(existing) Unit 2-2872 SF more or Unit Size 1,691 SF more or less less(proposed) N umber of Outdoor Tennis Courts 11 No Change Outdoor court Surface Area 158,000 SF more or less No Change Existing Tennis Pro Shop 1,000 SF more or less No Change Number of Indoor Tennis Courts 2 No Change Tennis Building Site Coverage 15,368 5F more or less No Change 44'above grade and 10% of the structure may exceed 44'with a max. Maximum Tennis Building Height height of 48 feet No Change No Change-Addition is located above existing Athletic Club and Restaurant Site Coverage 24,5005F building footprint Open Space Percentage 95%more or less No Change No Change-see request for variation within Athletic Club and Restaurant Parking 56 Spaces written description Club Surface Parking 15,000 SF more or less No Change North Surface Parking 40 spaces No Change Note: information provided for"currently approved" is based on the Snowmass Club Phase II PUD Amendment/PUD Guide. Please see attached Exhibit A for a revised PUD guide including this proposed project. Review standards for an amendment to a final PUD: a.Consistent with original PUD: The changes requested within this application are an expansion only of existing approved uses per the original PUD. There is no request to add uses not previously approved. b.No substantially adverse impact: The proposed changes will not adversely impact the Snowmass Club or its users. As described, the new addition is located such that it will not adversely impact the current residential owners or members. Access to the Club will remain the same. The expanded 5 employee dining facility and locker rooms will enhance the employee experience at the Snowmass Club. C.Not change character: The proposed changes will not change the character of the existing PUD or surrounding areas. As described the building was carefully designed to ensure it will blend with the existing structure. d.Comply with other applicable standards: a. Section 16A-5-300C, General Restrictions: The proposed amendment generally complies with all provisions within this section. b. Section 16A-5-310, Review Standards: i. Consistency with Comprehensive plan: The proposed project generally meets the intentions of the Comp plan. The proposed uses are consistent for this parcel as well as the number of units allowable under the Comp plan. The project also specifically addresses points within the Comp plan including: "the provision of affordable housing alternatives, which meet the needs, and preferences of the community" and by adding appropriate density to an existing project furthering the Comp plan's goal to encourage development "within established, built up areas." ii. Preservation of Community Character: the project does not propose to add or change any uses which are not currently approved under the existing PUD and as such will have no change to the community character. iii. Creative Approach: The project creatively utilizes underutilized existing space to avoid expanding beyond the existing building structure. iv. Landscaping:The project is not proposing any changes to the landscaping. v. Compliance with Development evaluation standards: The project generally complies with the Development standards per Article IV with the exception of the aforementioned parking variation. The project complies with the requirements for seasonal housing, providing 287 SF of living area per employee. A minimum of 224 SF of living area is required per section 16A-4-410 (d). vi. Adequate Facilities: The project creates no issues in respect to utilities, transit or emergency services. vii. Spatial Patterns: There is no change to the existing access or services to the Snowmass Ciub as part of this application. viii. Phasing: The project will be developed at one time per the construction schedule provided. 6 Exhibit A: Parcel 4, The Snowmass Club Phase I and II Replat, Lot 1 PUD Guide: Updated to include the elements of the Minor PUD Amendment approvals and Staff Comments Lot 1 Development Standards as proposed in Minor PUD Application: Lot Size: 18.854 acres more or less Permitted uses: Athletic Club, Restaurant, Tennis Complex, Child care Facility, Offices, Restricted housing Snowmass Club Building: 59,381 SF Snowmass Club FAR Breakdown: Club Facilities (Athletic Club, Restaurant, Retail, Meeting areas, Public Space Administration, Employee areas) 54,818 SW Snowmass Club Restricted Housing (per breakdown below): 4.563 SF Total 59,381 SF Number of Restricted Housing Units: 2 Unit Size: Unit 1: 1,691 square feet more or less Unit 2: 2,872 square feet more or less Number of Beds: Unit 1: Two Unit 2: Ten Number of Outdoor Tennis Courts: 11 Outdoor court Surface Area: 158,000 square feet more or less Existing Tennis Pro Shop: 1,000 square feet more or less Number of Indoor Tennis Courts: 2 Tennis Building Site Coverage: 15,368 square feet more or less Maximum Tennis Building Height: 44 feet above grade and 10 percent of the structure may exceed 44 feed with a maximum height of 48 feet. Athletic Club and Restaurant Site Coverage: 24,500 square feet more or less Athletic Club and Restaurant Parking: 56 spaces The previous ordinance listed the Club facility square footage at 55,998 SF. The figure of 54,818 has been arrived at as follows:original 55,998 SF-1,691 SF(restricted housing broken out separately)+511 SF(employee dining facility added in 2009 application)=54,818 SF Club Surface Parking area: 15,000 square feet more or less North Surface Parking: 40 spaces North Surface Parking Area: 10,800 square feet more or less Roadways and Driveways Surface Area: 45,200 square feet more or less Landscaped Area: 551,412 square feet more or less Open Space Percentage:95.0% more or less Calculated per Snowmass Village Land use code definition Total Land Area: 821,280 SF Open Space areas per code: Outdoor Court: 158,000 SF Club surface parking: 15,000 SF North surface parking: 10,800 SF Roads and Driveways: 45,200 SF Landscaped area: 551,412 SF Total"open space": 780,412 SF 780,4121821,480=95.0% Additional Requirements: Vertical articulation in the east and west elevations will be provided and shadow lines will be incorporated into roof details. Page 1 of 1 Dalla Betta, Dana From: Dave Ogren [dogren@tosv.com] Sent: Monday, May 04, 2009 2:36 PM To:Della Bette, Dana Subject: RE: Snowmass Club Minor PUD Amendment application This should work you have plenty of extra capacity in trash compactor just make sure that this does not interfere with the loading dock and trash area. Thanks Dave 0 From: Dalla Betta, Dana [mailto:ddallabetta @aspensnowmass.com] Sent: Monday, May 04, 2009 1:31 PM To: Dave Ogren Subject: Snowmass Club Minor PUD Amendment application Dear Dave, I am preparing an application for a minor PUD amendment for an addition proposed at the Snowmass Club. We are proposing to add approximately 3,380 SF of space to the existing Snowmass Club- the addition will be located on an existing concrete deck. I have attached a floor plan for your review but the addition consists of the following: 4 Employee Housing Suites (10 bedrooms total) each with 1 bathroom Kitchen Facilities Laundry (2 stackabte W/D units) Associated living areas Approximately 500 SF of expanded employee dining facilities (for seating only- all existing equipment to remain) Approximately 650 SF of remodeled office space on the main level. This area is not included in the floor plans- it is currently used as storage space. We will be requesting permission to use this space as office as pan of the application. 1 am writing to request confirmation that the Town of Snowmass Village Solid Waste Department has the capacity to serve the new space. Don Schuster told.me that I should contact you for this request. Could you please provide confirmation that this addition will not cause issues with your facilities? Please let me know if you have any questions or require any additional information relating to this request. Thank you, Dana Dana Dalla Betta Project Manager Planning and Development Department Aspen Skiing Company Phone: 970.923.8710 Cell: 970.456.6601 Fax: 970.923.9617 ddallabetta@asDensnowmass.com 5/5/2009 May,8,2009 S N O W M A S S WATER & SANITATION Town of Snowmass Village S T " I ` T Attn: Chris Conrad Community Development Department P.O. Box 5010 Snowmass Village,Colorado 81615 Re: Snowmass Club Minor PUD Amendment—Snowmass Club Employee Housing Addition, A1.22 Dear Mr.Conrad, The Snowmass Water and Sanitation District is capable of providing potable water and sanitary sewer service to the Snowmass Club Employee Housing Addition project. All of the property contained within the submission is within the District boundaries. Per the District's Rules and Regulations,the Snowmass Club will be required to pay System Development Fees prior to the provision of water and sanitary service. Please feel free to contact me with any questions or concerns. Sincerely, y . District Manag Cc: Dana Dalla Betta file SNOWNIASS WATER& SAINTFATION DISTRICT • POST OFFICE BOX 5700•0177 CLUBHOUSE DR1VE•SNOWMASS VILLAGE•COLORADO}11615 TELEPHONE 970.923.2056• FACSIMILE 970.923.6271 •www.swsd.org D E9p! M0 1fW I wDd I R smmi 04 aoa• o Gana i , ti i I v li S a r-- W Metton L• OVA Creak own Hum tom/ i l f/ En II l FeNi 9 M iyy Wood Run Ii ta• LM o Mtn Sphg lA autpEieel/ WMte iver National Forest M Ca ey^' G' M I It I F Nab Swb i f g z aa S i. d• pICq$cu sus I O O O AA a i i tryp' a 4t,r •• o r', ' f rt +^:.,r s 4:, fY.h 1 "' S r 1q(i./r/.it r/!(fli jf lf)!e w ki 4 tf \' i i' I+( f ""} i ,(' a ..ate .fin, s '(i r`y.x ' it x , ti> ' 1,A •I , t, ,Ir,.. 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T. fxD IKV MI V n.• M 1 E% ZSTIN6 EAST ELEVATION Ln o. nN, iga CORG rl I I I 0m fu 3 CZ C E ! nU r. .. i _..:.. r U R• mi 1L.' V i R: S C °- in E%$ 5TSN6 NOATN ELEVATION Q cn Q CD V i Nuo I V I. r — _ — _ — _ — _ — n. snL XJ L.fI L]i M1MS PRt h W u. D 111111111 Noll u la In Y 4a! fxpOlm GWw6! IpgYl M.- e 2258]]:] TL oD= s A2. 10 f E% 25YN6 v T ELA' ATSON En E0 E 6 e II II II 11 II I II a I I I I I II I I t I I I h II I p I I IY le to L I I la I. I Iy I 7 I I RI g O RIS Iq SIO e ely pl. °I I Pls:la 7Z P6 P_ Sri F E:eR 8 nay£ 3} S GL t1 5 o y n l BUILDING s ELEVATIONS I ASnOWIISSClub I A 0 Aspen Skiing Company t I--` m archisruction®e 0239 Snowmass Club Circle, Snowmass, CO 81615 m t4 E ASPEN4) SNOWMASS. Addition Perspective ASM SKIING COMPANY atchl, on, 1, tf N ASPEN)) SNOWMASS. Highline Drive Perspective ASPEN SKIING COMPANY archistruction- SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN(S N O W M A S S_ ASPEN SKIING COMPANY Jtine I. 2009 own of Snowmass Village fin Wahlstrom, Sr. Planner PO Box 5010 130 Kearns Rd Snowmass Village, CO 81615 Re: Response to Preliminary Plan Review Submittal Dunlop Environmental Consulting: In respect to the request for further clarification regarding the proposed project's compliance with ordinance #12 please see the following information compiled based on Section 18-10-1. The applicant understands they will need to attend a Preconstruction meeting as required in Section 18-10.3 I.Site Survey- a detailed plan drawing has been provided clarifying items i-xxi as requested in section I of Ordinance #12. Due to the minimal scope of this project and considering it will be built within the existing bounds of a structure, this plan has been drawn by the applicant. 2.US Army Corps of Engineers 404 Permit- Not required. Snowmass/Wildcat Fire Protection District- On March 18, 2004 The Aspen Skiing Company and,the project architect, The Nccuan Company, met with Steven Sowles and John Mcle to review the proposed project. They were generally in agreement with the proposal and requested we closely monitor any parking in the fire lanes both during and after construction. The parking plan is further detailed within the Site Survey. Further comment would likely be provided by the department through the referral comments. 4.Storwater, Erosion and Sediment Control plan- this provision is not applicable to the proposed project as the construction scope is limited only to existing built area. There will be no impact to the current capturing or retention of stormwater at the Snowmass Club site. 5.Colorado Stormwater Construction Permit- Not required 6.Noise Mitigation Plan- The general contractor shall notify all trades of the regulations governing hours of construction and noise levels as per Sections 18-3 and 18-10.2(e) in the Municipal Code. 7.Waste Management and Recycling Plan- the location of the construction duntpster is shown on the Site survey. All efforts will be made to separate and recycle wood, metal, sheetrock and cardboard products during construction through the provision ofseparated bins. Daily trash from workers will be contained in a bear-proof trash can. Any hazardous materials such as paints or stains will be appropriately disposed of All trash will be removed from the P.D.Box 1248 Aspen,CO 81812.1248 970.9254220 Ymr.aspensnsrmaseeam site either by the contractor or by a contracted waste removal company during approved working hours. S.Tree Preservation Plan- Not required. No trees will he disturbed during construction 9.Fugitive Dust Control Plan- Any dust created during construction will be mitigated with sweeping and water as needed. 10. Air Quality Monitoring Plan- as per the PUD Application, Applicant is requesting a waiver of this requirement due to the minor size of the project. 11. Construction Interruption Landscape Plan- applicant requests a waiver of this requirement due to the lack of impact on the surrounding landscape. 12. Notice of Adjoining Property Owners- applicant is prepared to notify all adjacent land owners once directed by Staff. 13. Project information and Signage Plan- the project will have a sign posted during construction which will provide relevant details pursuant to Section 16A-4-5 10. There is no permanent Signage associated with the project. Please let nre know if there are any questions on this or the attached expanded construction management plan. Thank you, Dana Dalla Betta Project Manager Aspen Skiing Company Planning and Development Snowmass Club Employee Housing addition: Notes: 1. 4 parking spaces will be provided for construction use. All other construction traffic Construction Management Plan will be shuttled and parked at the Black Saddle Parking lot er 2. Temporary Fencing will be installed as needed to protect existing landscaping within Sh limits of disturbance 3. Material Storage will be contained to the deck area or to the loading dock. Materials C will be brought on site as needed and staged off site at the Black Saddle 4. Dumpsters will be located in the loading dock area with care to avoid disruption of delivery schedules s@ 5. All construction traffic will access the site via Clubhouse Drive from either Highline Drive or Brush Creek. Construction traffic will not be routed through front entry circle 6. Portable sanitary facilities will be provided in the loading dock area Limits of I disturbance ( 2) Parcel Portable Lot 2 facilities ( 6 Materialstorage ( 3 Q Pa f 11 ss cz 5 • g t Nea,{° c Area of T t 00, skIo renovation acaece G` cG\ e m Parcel 4 G\ ub lSMcl t` ema rs ass F otp, r ovat% or Lot 1 s° 0\ 69 en X St% V9 ed dv< g v crar9 fY Page 1 of 3 Dalla Betta, Dana From: Dunlopenv@aol.com Sent: Tuesday, June 30, 2009 3:33 PM To:jwahlstrom@tosv.com; Della Betta, Dana; Schuster, Don Cc: cconrad@tosv.com Subject: Re: Snowmass Club Employee Housing Minor PUD Arndt Jim, The applicant has satisfactorily responded to the comment I made in my May 21, 2009 review of the project. My comment was the applicant should respond to conditions established by Ordinance 12, 2007. Contact me should additional questions arise. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, MPH, REHS PO Box 6289 73 Sinclair Ln Snowmass Village, CO 81615 Phone/Fax (970) 923-4820 Cell Phone (970) 379-4026 Dunlopenv@aol.com In a message dated 6/29/2009 4:50:48 P.M. Mountain Daylight Time,jwahlstrom@tosv.com writes: Dana, I do not recall seeing the attachments earlier. Were they sent digitally, hard copied or sent elsewhere earlier in June despite my name being on the correspondence? Jim From: Dalla Betta, Dana [mailto:ddallabetta @aspensnowmass.com] Sent: Monday, June 29, 2009 4:25 PM To: Jim Wahlstrom; Schuster, Don Cc: Chris Conrad Subject: RE: Snowmass Club Employee Housing Minor PUD Arndt Jim, Thank you for the agenda and comments. Please see the attached response to the feedback from Dunlop Environmental Consulting. 7/29/2009 1}t.. ? I, i j'IIt(INPw4'?1v`:@, F, COiN,Sf 1ERNG, NNO. I rivir nttucntal ilid 1't;hlic hlr lttfi.i?ly;nniit;; for,Ilw Flmlre. I'i.criritcs), I1ur,ic+p May 31, 2009 Pt ssidti.urt Town of Snowmass Village Jim Wahlstrom, Sr. Planner PO Box 5010 130 Kearns Rd Snowmass Village, CO 91615 nnuruuity F ervlorc:rr: Re: Proposed Snowmass Club Employee Housing Dormitory Style Unit Addition Dear Mr. Wahlstrom: Dunlop Environmental Consulting, Inc (DEC)has reviewed the above mentioned development proposal as per your request. There appears to be minimal environmental impacts associated with this project based on the.following findings: There will be no increased vehicular use in the area by the occupants of the living units. A condition of occupancy is that the person does not have a vehicle as per the applicant. There are no natural resources such as waterways in the immediate vicinity of the project. The dormitory style living matrix provides basic living facilities summarized as 10 individual bedrooms with a shared kitchen, dining room and living room. There are no solid fuel burning devices present. As with any construction activity within the Town of Snowmass Village limits, past development has been required to provide a construction management plan (CMP). The applicant for this project has presented a brief CMP. It is recommended the applicant review Ordinance No. 12 series of 2007 that establishes standards and regulations for construction management. A response to each section of Ord. 12 by the applicant or applicant's representative will be helpful in determining compliance with the ordinance. This concludes findings of this review. If additional information is provided regarding the CMP DEC will be available to further assist. Sincerely, Thomas S. Dunlop, MPH, REHS a:a t)ffite 13t;x 622 y :1^;'ntaas Village,i'.o!oaxdu> ifil 4 I LSA Office..21-id Fax (9 1) 923.820 kd r+:rte Fort Collins Denver 2620 E.Prospect Road,Suite IDO 1621 Eighteenth Street,Suite Fort Collins,CO 80525 250 970)493.8747 Denver,CO 80202 970)493.5869 FAX 303)296.0383 archistruCtions 303)296-0382 FAX Snowmass Club Addition—Employee Housing Preliminary Construction Management Plan for Minor P.U.D. Submission Safety All subcontractors must go through The Neenan Company Project Star process orientation and will be supplied with handbook of safety regulations.TNC safety program example is attached. Work Hours Work Hours are 6 days a week 7:00am—6:00pm Monday—Saturday for exterior construction per the Town of Snowmass Village regulations and subject to approval by The Snowmass Club Management and Homeowner's Association. Interior construction work hours will be subject only to prior approval from The Snowmass Club Management and Homeowner's Association. Also notification to TOSV Construction Coordinator will be required. Holiday and special events as determined by TOSV will be observed and may require adjusted working hours. Dates and times of such events will be posted within the jobsite and notification from The Neenan Company will be provided in advance to all subcontractors on the site. Prior to commencing of construction The Neenan Company shall designate responsible parties to provide direct communication with the appropriate TOSV personnel and provide responses to complaints. TNC will provide weekly updates of information to TOSV on general construction activities and schedules. The TOSV Construction Information will be notified of all major deliveries included but not limited to hauling of export material, import of backfill material,concrete pours, precast, and pre-fabricated material deliveries.Construction general information updates will also be distributed to the Construction Information Department. Garbage and Disposal All trash and debris resulting from the construction at the site will be contained within a dumpster located within the Snowmass Club property. The Neenan Company is aware of the wildlife issues that are present in the area and will make every effort to secure and keep a clean jobsite. ON 225BA-002 Fort Collins Denver f 2620 E.Prospect Road,Suite 100 1621 Eighteenth Street.Suite Fort CnWns,CO 80525 250 970)4938747 Denver,CO 80202 970)4935869 FAX 303)296.0383 archistructions 303)296.0362 FAX Deliveries All deliveries will be made via Clubhouse Drive and Snowmass Club Circle.All deliveries will be in accordance with the Master CMP of TOSV. Public notice shall be provided a minimum of 1 week in advance of all public trail closures. Restrooms Onsite sanitary facilities will be provided by TNC during the construction. These will be securely placed and maintained throughout the construction. Parking Parking will be provided for no more than 2 long term spaces and 2 short term/unloading spaces. All other construction workers will be transported from outside parking areas via public and private means. Utilities Temporary water and electric will be available at the second floor deck and connected to temporary facilities as needed. All utilities at the site are existing, and at this time utility construction will not require main line disruptions, road cuts or public right of way access. Construction Fencing Site fencing will be installed as needed for security and safety. Project Phasing Initial project construction schedule is attached hereto. CDN 225BA-002 THE HUMANE SOCIETY OF THE UNITED STATES orricrss raw rnge,:q. CWMW,dv1 rv.W Ie"LA a,5M N. July 9, 2009w,h t:m,a,Eq s•.w e,vNr° v.rw•.rcdw en.M d RO 6il.M.n mV°'QJ District Attorney Martin Beeson aq°s.rdaa sq. 109 8"Street x n xa.q Suite 308 4dN,N rJMM M a. wa°wvN Glenwood Springs,CO 81601 e uur wsa°wn MrM 4Jn STW VICE RS Nr f wab'., Dear Mr. Beeson: tmtx Ike ertlmr w, I am writing to request that you pursue an investigation into an animal cruelty incident for an r"a a"n`e°`° act of cruelty to a dog that took place at Krabloonik sled-dog operation in Snowmass Village on Mn w Tim,T.k a^,; March 30, 2009. On that date two eye-witnesses reported a dog sled riding away from Krabloonik with one of the dogs being dragged by the others. Further,on March 5, 2009 an anonymous reporting party noted a similar incident. In follow-up interviews with the operationPrNh'+varom W. bran owner, Dan MacEachen,an animal control officer learned that MacEachen is aware that young N dogs are dragged often during training. Intentionally dragging dogs is clearly a violation of local and state animal cruelty statute which states:as,¢v alR a, sn,M,te.an s n.u ere:a-as I8-9-202.Cruelty to animals-a¢eravated erndty to animals-ne¢leet of nnimab-offenses. M C Mbv 1) (a) A person wmmils cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives. V,TM'4,;,.overloads,overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a w+s mn,tsa manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or sm'''R,,P6, reckless manner,engages in a sexual act with an animal,or otherwise mistreats or neglects an animal,or causes or procuresnm+rc ASra.rbanp g Y P Rai s it to be done,or,having the charge or custody of any animal,fails to provide it with proper food,drink,or protection from thelow=Aaar-s wrrM Y Ca tq, weather consistent with the species, breed,and type of animal involved,or abandons an animal. [EMPHASIS ADDED TO hot r.,eu.rr PERTINENT SECTIONS). kNw u sdM Cmorb+/+u at r,"' 'M"w .a The attached picture taken by one of the witnesses,depicts this act of cruelty. Dragging this dog owraoss for the amount of time that the witnesses describe is cruelty under the statute and we urge ourua,4ww Aip Y g Y r" office to investigate and charge this crime. tn:LOer."En. UM Ai son Mi W(M tq. c wLA_ CPA I've spoken directly with the animal control officer who took the information from the witnesses i.mh uaMry wn,vs x. in this case and learned she decided not to file charges. However,there was no substantialaw;trl IeaNS 1'L4+Lt4nro MarytM.r investigation into this matter. You'll note in regard to the March 301"incident that the animal e.4 L,vaawr control officer's only evidence to base her determination that the dog in question was not 4w-of Pao, wrl.rys injured was the musher's own account of which dog was involved. In my phone conversation uviv 4 4 nw with the animal control officer she explained the musher told her the dog was only down for a 9Re1LVL few seconds and that he could not safely stop the sled on the ski slope. However the two eye- witness accounts dispute that account and state the dog was dragged for at least 30 secondsiHWan'eMl Mp Celebrating Animals I Confronting Cruelty Northern Rockies Regional Office 490 N.31st St.,Suhe 215 Billings,MT 59101 tp06.255:7161 f406.255.7162 humanewdety.org Atl fV THE HUMANE SOCIETY OF THE UNITED STATES OmanAkaN'Cnr E%.c ° 'LwIrMM11wMyM q 1I4 x, Mnm,.ana n.ll 4 r t.% R no and that the musher had two different safe opportunities to stop the sled and help the dog but chose not to. They saw the musher stop the sled and start up again with the dog down and k9N A.N'n Et;. a1W, alerted him,as he rode passed them,to the dog's condition,yet he failed to stop the sled. It is rnntm P g draggedalsoclearfromthepicturesthatthedowasdraed for a sizeable distance and that the swwunn«m w,.a musher entered the trees where it would be safe to stop had he been concerned about the V.lwl wx),x, dog's welfare.Eh»'AY..vt SIAfINR MffIDENrf hJ"M1lyt„a There were two passengers in the sled at the time but the animal control officer did not make contact with these key witnesses. According to the report, instead of collecting the passenger m W.Grs- m.n information from Krabloonik and contacting the passengers directly the animal control officerSnryIhI!mW asked an Y ee oemployee f Krabloonik to contact them for her. The Krabloonik employee did notm,:Mr.INxm„w tian report the passenger's account back to the investigator and she did not follow up further to W,Iw,k reach them directly.eo nn cu Sin rK n.+ry'v There is clear evidence, not only of this case of abuse, but a pattern of abuse at Krabloonik. Krabloonik's owner, Dan MacEachen has a history of violence and neglect toward his sledding dogs and a pattern of facility violations with the state regulatory agency that licenses his uremcM.. operations. In 1988 Mach Eachen plead no contest to animal cruelty. He was charged for W.4°m beating one of his sled dogs in the head causing fractured bones in her face and permanentW. WNpv"n blindness in one eye. There have also been more recent firsthand accounts of dog beatings atGvarysarVA:.:t AddmG Pa]µN.D,SNP Krabloonik. rdwar mq.,) vxbv sNa rLDa;ea Imo trw.5+*ry3erxN Imrr.">v',.'aa,.,n Accordingly, I urge your office to provide a real investigation into this case. The witness are rtiD available to speak with your office. This crime should be charged not only for the sake of the DemonsINMIY1kOarM EW animal that was dragged but to make it clear that this kind of behavior is a crime in the state of Pmm Ndrtl AU hM A.6Mt Colorado.nk Lllw tIm U,."I d ,c„a,to- At The Humane Society of the United States we have a history of working with prosecutors onr+m4r uvma ND,trn.x. 41^Wn M.Lliut FW. D.,Qy E.,c.MP cruelty cases and can offer a host of resources if needed. Please visit our prosecutor resource YI,L+E,NSV.0 page at www.humanesociety.org/iustice and feel free to contact me directly at 303-475-4605 or Y+i•I,M:Da+rl WE N N htarry @humanesocietv.org..WE NSnwm L.NIPi IWrr MVviv4+,T:1 Please also visit http://www.mushwithpride.org/Guidelines/`Exercise.htm for sled do exerciseNorma WMr. I g W ,.E guidelines from Colorado Mountain Mushers' member organization "Mush with Pride". It's 4nbrp l'+mti clear from this site that dragging sled dogs is not an industry standard. Celebrating Animals I Confronting Cruelty Northern Rockies Regional Office 490 N.31st St.,Suite 215 Billings,MT 59101 t!406.255.7161 f 406.255.7162- humanesociety.org THE HUMANE SOCIETY r. OF THE UNITED STATES O"Kfes Mee w'Con.fq moor Me I.,r+Nr 11.1 L,Ll FA I've attached the following for your review:WIM" av+ wv,S)tevu:EW MOR M YpM!nP1 Snowmass Village Police report regarding March 5'h incident B Snowmass Village Police report regarding March 30"incident 1'.,C',.a,,fsCa First-hand eye-witness account of March 30r"incident SNIP Pictures of March 30`"incident aew M.cmren MU. Media accounts of MacEachen's 1988 animal cruelty charge 4,eMI4.,lwr.t erma.•)r•!wn@,I Retype of 1998 media accounts sn.nJ.eu Srwm RFSIBFMf Firsthand account of 2007 incident If NUrnmr)te M•A+a 0'n+uv. Pn.u4 b:n MVJ 1tl Ir06t•Y m• +Thank you for your attention to this matter. I look forward to your response, Ir w cma,M.o. A+w+NePvtire N+ahJ rohv pa'e[wn tw:aon Kmmanr.rsN fm.)vrt-avaY ruav lNUwMixvminn nr.'nn PJ RPwul Holly Tarry Colorado Director tbw•+glYMr eNr.rc n.Irw•a a'.-iP.•o n maly•lewan Iw L n..'0.nw rCn rey,M renvr.GM.u Cc: omJm.PP N rxao LrJ'Iw1 A'T LVry1NLfAf( Senator Gail SchwartzrxxrtmvVnl:. bvt G FcPP M 0.SPlln rn.,P aermxn4 Representative Kathleen Curryco-s.,sNOd+a MOMY SP,a 0.h,[.n, IrHdlnmu+Py i.n I um u iYa. m-.y+-m eunr: el+n I.Nttb'K m n W'L aNacn kwN aliFClaB3InYIfeNM4t4l LW P aW GWtlAfN FMJ&+qtr Fro L BhStlW Eq 0W).Badr.q W Cape, e .C.w 4,sw.cPJ. me k+I,ltx ewIrnr.Pt NU,)NA, 1'J!J14nr N.1/ilu'I.(W. Cult[IPVId l YL\:+f.Wgro NafLN.Pohl L UtpanA ko 34NMIkolyWIVWI'Jl iknll Ird11 M u w4"rou w•I.w t q+:nn Mn. IIV. a wee )hwa:tw. aP.r ulr w.so-pvmvrr worm 1. so•:e o.wtin u a Celebrating Animals I Confronting Cruelty Northern Rockies Regional Office 490N,31st St.,Suite 215. Billings,MT 59101 t 406.255.7161 f406.255.7162 humanesociety.org THE HUMANE SOCIETY OF THE UNITED STATES IrI;IM July 21, 2009 tl.w vl.+<fu-1 p..(y,rrweg Al D.IY6 1'0: 13111 Ritter John W. Bothers Governor Attorney GeneralIvJ .It iaitn 136 State Capitol 1525 Shennan.St. Denver, CO 80203 7th Floor Denver, CO 80203 LA. Dear Governor Ritter and Attorney General Sulhers:Cn. v..Mn 1' barael A:4lirC. On behalf of The Humane Society of the United States, the nation's largest animal nRrr vla RRrsmn'rs protection organization with more than 170.000 members and supporters in uaa Wrn I Colorado, I am writing to you regarding animal cruelty allegations against thennVa:'bt Krabloonik dog sledding facility and the continued failure of PAFCA (Pct Animal Care and Facilities Act) officials to properly administer regulations regarding Krabloonik. Considering the vast scope of the cruelties alleged at Krabloonik, I urge your offices to filly investigate this situation and to take immediate action to ensure the health of the dogs at Krabloonik, as the evidence warrants; including the n1•.,.vRU'_n.as revocation of Krabloonik's stateaninlal care facility license, asstipulated byre.x nvnm PAFCA regulations. nn.,..:..or.: Over the last several years,The 14, SUS lias received numerous complaints frontrnwRIraa members of the public regarding the care of Krabloonik's dogs. After being made aware of the cruelty allegations against Krabloonik. The FISUS',state director for Colorado, Holly'farry,contacted Kate Anderson, the administrator of PACFA. Through these discussions, we have learned that Krabloonik has repeatedly been fibund in violation of PACFA, a.s well as the riles and regulations promulgated4.tirt.m4x'YAl s" a° thereunder by the Commissioner ofthe Department of Agriculture, for improper care of the nearly 300 dogs housed at the facility. Additionally; Krabloonik's R, owner, Dan MacEachen, has a history of animal cruelty, including a "no contest" plea lo.a serious charge of animal cruelty. LIrrAM149rtriau•. DI11[ClOR1IrvPrtKRl:y 1%i?q In 1988 Mr. MacEachen pied no contest to a charge ofanimal cruelty in Pilkin1'Ir.0 AtY.' County after beating one of his sled dogs so badly that she suffered broken bones in her face and permanent blindness in one eye. Although the Department of Agriculture was made aware of this.incident, it unfortunately detennincd that thelm,wr,tx•+ ns'"IIYr.41 AA111 L nNr„M l,e• „• incident did not justify revocation of Krabloonik's current license: [Bee attached Letter, 4/8/2008.]Z. 1 V.nlcnZ.A„, W.J.1 M.tro-.rp:,Iq J” I lowever, the PACFA Commissioner has the discretion to deny;suspend, refusev<+Ir..rmn renewal of, restrict or revoke a license in response to a"no contest" plea to anylavM•.n.:,S P IaI PAD local, state or.federal law.pertaining to cruelty, neglect or abuse of animals'[See attached PACFA Regulations 9.0.0(B)(3)]. The PACFA Commissioner's failure to1t,L'A revoke Krabloonik's license in response to MacF.achen s no contest" plea to Celebrating Anlrnals I Confronting Cruelty a • ,.,RT 21001.Street,NW Wa5hington, DC 20037 t202.452.1100 f202.778.6132 humanesocietyorq animal cruelty has, we feel, resulted in further ongoing.abuses and animal suffering at Krabloonik. Also, on every application for license renewal filed by Krabloonik between 2001 and 2009, it failed to disclose,Mr. MacEachen's"no contest" plea to animal cruelly charges sec attached Krabloonik 2001-2003; 2005-2007 and 2009 Applications], despite the fact that disclosure is mandatory. PACFA applications.specifically ask whether the applicant or applicant's principals, partners,officers, or agents [have] .,. entered a plea of no contest under any local;state or federal law pertaining to cruelty, neglect or abuse of animals." FACIA regulations require applicants to provide all information requested by the Commissioner when applying or reapplying for a license. [SeePACFA Regulations 2,00(13) and 3.00(A)], and they provide that a license may be denied, suspended. refused renewal, restricted or revoked frr "submitting falsified information or making a material and deliberate misstatement on the application". [See PACFA Regulations 9.00([3)(1)]. Yet the April 8 letter from the Department of Agriculture inexplicably argues that MacF.achen "has not committed any violation of the rules and regulations or of PACFA's organic, statutory act," directly contradicting PACFA's own evidence. In addition to Maclachen's "no contest' plea several years ago, there have been recent and.ongoing reports of ntushers overworking the dogs and beating them excessively. [See attached Animal Control 3/5/2009 and 3730/09 witness accounts; as well as February 25 witness email]. Additionally, Krabloonik has received immense,media scrutiny for shooting underperforming dogs and tossing their bodies into'what newspapers have described as the "shit pit." According to media reports, both older dogs and poorly- perfonning, younger, healthy dogs are shot in the back of the.head, dumped into the pit and then covered witli feces. [See attached Aspen Daily News article, 4/4/2005.1 The PACFA file of Krabloonik reveals a 2005 Department of Agriculture inspection report detailing several violations of PACFA regulations, including: Shelters providing inadequate protection from sun, rain, snow and cold; Tethers too short and prone to getting tangled; Lack of perimeter fencing, as required by the regulations. Although this report was sent to Krabloonik demanding correction of the aforementioned violations by 8/12/2005 [see attached Lciter, 4/28/2005], no follow up was done to confirm the violations were corrected. A 2007 inspection report [see attached inspection Report, 2/28/20071 found several violations still at Krabloonik, including: Tethers too short and prone to getting tangled; Lack of perimeter fencing, as required by the regulations; Fennale dogs with pups kept tethered rather than inside enclosures, as required tinder the ruffles. Although the deadline for compliance for the above violations was April 15, 2007, a 2008 inspection report [see attached Inspection Report; 5/5/2008] found continued violations, including: Puppies roaming freely among the general adult population, despite Krabloonik having been advised that the"matter was to be resolved by April 15, 2007;" Tethers too short and prone to getting tangled; Lack of perimeter fencing; as required by the regulations(while referring to a 3/14/2007 letter stating that compliance was unnecessary); food poured onto the ground and walking surfaces instead of bowls, so that it became easily contaminated; Food and bedding stored improperly; Inadequate drainage for the shelters; Lack of veterinary care for a dog with a prolapsed uterus and another dog with an open wound; The last of'the aforementioned violations not only violate PACPA regulations but, arguably, Colorado's animal cruelty law, which states, 1) (n) A person.commits cruelty.to animals if he or site knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic ortepcutcd serious physical harm, carries or confines in or upon any vehicles in a cruel.or reck less.manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody-of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed,and type of animal involved, or abandons an animal. Colo. Penal Code § 18-9-202. The 5/5/2008 Inspection Report concluded that KTabloonik had "failed" its inspection and stipulated a deadline for corrections by 5/6/2008. Yet, the Department of Agriculture again perlortned no follow-up to ensure compliance. Furthermore, no immediate order was made for the veterinary care of the sick or injured dogs, and the Department did not contact local animal control regarding the alleged, clear violations of state animal cruelty laws. Four months later, an inspection report (see attached Inspection Report, 9/3/2008] again found numerous violations, including: Tethers too short and prone to getting tangled. Lack of perimeter fencing, as required by the regulations (again, referring to the 3/14/2007 letter'stating that compliance was unnecessary). Violations of feeding requirements. Violations of veterinary care regulation, deemed by the Department to he a required compliance regulation., including: Several of the dogs that were "too thin;" A dog with an apparent mammary tumor; Three dogs with apparent infections. Two dogs with limb injuries. Even thought Krabloonik had'failed'its.previous,.5/5/2008 inspection for lack of veterinary care, and despite the fact that the number of animals lacking veterinary care at Krabloonik actually increased at its subsequent inspection, the Department considered Krabloonik to have "passed"its 9/3/2008 inspection. While Krabloonik was given a deadline of9/4/2008 to correct its violations, again,no follow-up was done to ensure corrections were made and no one was contacted regarding possible animal cruelty statute violations. Most recently, an April 2009.letter from PACFA to Krabloonik [sec attached Letter, 4/18/2009] details Krabloonik's long history of violations. Inexplicably and astonishingly, the same letter goes on to state that Krabloonik had"complied with regulations in all areas with the exception of two basic requirements: tether length and the presence of a perimeter fence."The letter concludes by advising Krabloonik, p]lease be aware that future violations involving injuries or the lack of timely veterinary care could result in restriction, suspension, or revocation of your license. It is important that you and your staff provide humane care to minimize the risk of illness or injury to the animals in your facility. It is also important that you continue to correct non-compliant issues in the time period allowed. Not only has Krabloonik failed to "continuc[d] to correct non-compliant issues in the time period allowed," but the facility has continued to violate both provisions of the PACFA regulations and, we believe, Colorado's animal cruelly law. Over the four years in which the Department of Agriculture.has been documenting_ Krabloonik's violations, Krabloonik has continued to be noncompliant,.and the Department'has made no attempt to use any of the remedies provided by PACFA to ctisure compliance, which include: Suspension; revocation or restriction of a current'license; denial of a license renewal application; issuance of a cease-and-desist order; application,for a permanent injunction; administrative tines. We feel this serious lack of oversight and enforcement of mininmm regulations for animal cue at Krabloonik serve to perpetuate these abuses by allowing noncompliance to continue without consequence.Had there not been supposed oversight by the Department of Agriculture,animal control or law enforcement officers may have investigated Krabloonik based upon the number of citizen complaints. The likely resultant animal cruelty charges would have allowed for seizure of the animals and possible closure of this facility. Unfortunately, the continual rubber-stamping of a facility that fails to comply with minimum animal care standards has allowed animal suffering to continue and escalate. In efforts to resolve the issue, 1-iolly "Tarry presented The FISUS' concerns to PACFA Administrator Dr. Kate Anderson [see Email, 8/19/2008]. In response to'i'le FISUS' correspondence, Dr. Anderson stated, Tethers have been measured by the inspectors and are not less than 5 feet and some are longer, Since the facility was in existence betorePACFA.we have accepted this tether length as not adversely affecting animal welfare. If the length were 6 to 12 inches longer it would not change the situations for the dogs. The implication that these minimum standards can be negotiated is troublesome PACFA regulations clearly state tethers should be'a minimum of 6 feet lsee attached PACFA Regulations 12.0013.Lc.(2)(b)]. Under PACFA, the Commissioner has a mandatory obligation to enforce every provision of the Act. C.R.S.A. § 35-80-111(1). Among these provisions is the requirement that facilities comply with every regulation promulgated by the Commissioner in order to obtain or maintain a license. C.R.S.A. § 35-80-104. Dr. Anderson's statement therefore directly contradicts PACFA's mandates. Any suggestion of discretion as to whither to enforce mandatory minimum.provisions makes the Act and the regulations'promulgated thereunder meaningless. Further, it undermines the authority of the Office of the Commissioner,the Department ol'AgriUlturc, and the Colorado legislature; which clearly intended for PACFA's regulations to be filly enforced in addition to Colorado's animal crueity:statutes. Yet as previously noted, the current lack of meaningful oversight of PACFA "regulations actually deters enforcement ofaninhal cruelty laws. This was certainly not the intent of those who created the PACFA regulations. Despite Krabloonik's citations.for PACFA violations, and the abundance of evidence that suggests Krabloonik has committed cruelty violations as well. the facility has been allowed to.remain noncompliant. PACFA officials have had ample authority tind`opportunity to revoke, suspend, orrostrict Krabloonik's license, yet has failed to take any'disciplinary action whatsoever Like much of the public,-we are seriously concerned that the dogs at Krabloonik continue to suffer unabated, directly thwarting the will and intent of the.legislature in die creation. of PACFA. We therefore strongly urge your office to investigate the continued approval of Krabloonik's license in light of its repeated, blatant violations of PACFA regulations. We feel an immediate investigation is necessary to ensure the health and safety of the dogs at Krabloonik. the I-ISUS has decades of experience assisting with the prosecution of animal cruelty cases, and we would like to offer our assistance with this case, including providing evidence and information we have obtained on Krabloonik's alleged criminal and regulatory violations. In addition to working with law enforcement to ensure appropriate criminal charges as warranted by the evidence, we would also like to help ensure. enforcement of PACI-A standards. I hope that you wil l contact me at any time at (33.01) 721-6403. or achynowcth liumanesociety.org; should you feel you could benefit from our assistance in this case. Additionally;1 encourage you to visit our prosecutor's wcbpagc: www.hwiianesocietv.orOjustice, which has a number of resources to guide prosecutors through a successful prosecution of animal abuse cases. Thank you again for your attention to this case, acid I look forward to reporting a positive outcome to our many, concerned members. Sincerely, Ann Chynowcth, Esq. Senior Director of Animal Cruelty and Fighting Campaign cc 'rrey.Rogers, Chief Legal Counsel to the Governor Diana Black. Deputy Attorney General for Business and Licensing Senator Gail Schwartz. District 5 Representative Kathleen Curry, District 61 lit u AC o sue. 8/'I 09 PART-TIME RESIDENTS ADVISORY BOARD August 14, 2009 Mayor Bill Boineau Town Council Town of Snowmass Village Snowmass Village, CO 81615 Dear Mayor Boineau and Town Council Members: The Part Time Residents Advisory Board encourages the Town of Snowmass Village Town Council to collaborate with Pitkin County Board of County Commissioners in the development of a clean energy local improvement district. The establishment of such a special district would be directly beneficial for all residents of Snowmass Village, including part time residents, who wish to increase the energy efficiency of their homes but who may be discouraged by the initial costs of doing so. We also strongly support the development of mechanisms that will enable multi-family dwelling units, such as Home Owners Associations and condominium member associations to take advantage of clean energy financing, since individually and as corporate entities, they are also property owners and as such pay property taxes, and are thereby eligible to participate. Sincerely, Part-Time Residents Advisory Board Greer Fox, Chair John Barrett George Bletsas Mel Blumenthal Mery Claire Butler Colleen Doyle