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11-02-09 Town Council PacketOV1914401C SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING NOVEMBER 2, 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: SECOND READING — ORDINANCE NO. 16, SERIES OF 2009 Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve. Modify or Deny second Reading of Ordinance No. 16, Series 2009 consenting to the improvement for renewable energy. Dylan Hoffman ......................... Page 1 TAB A) Item No. 5: SECOND READING — ORDINANCE NO. 12, SERIES OF 2009 — AMENDING THE 2009 BUDGET Time 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Second Reading of Ordinance No. 12, Series of 2009. Marianne Rakowski .................. Page 4 TAB B) Item No. 6: SECOND READIING -ORDINANCE NO. 15 SERIES OF 2009 -AN ORDINANCE DESIGNATED BY THE SHORT TITLE "2009 REFUNDING BOND ORDINANCE" Time 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 15, Series of 2009. Marianne Rakowski/Russ Forrest.....Page 6 (TAB C) Item No. 7: RESOLUTION NO. 31, SERIES OF 2009 - ASPEN SCHOOL DISTRICT HOUSING PROJECT Time 90 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 31, Series of 2009 John Dresser/Russ Forrest ...... Page 39 (TAB D) 11-02-09 TC Agenda Page 2 of 3 Item No. 8: PUBLIC HEARING FIRST READING — ORDINANCE NO. 11, SERIES OF 2009 STONEBRIDGE CONDOMINIUMS MINOR AMENDMENT TO A FINAL PUD Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Open Public Hearing and Continue to December 7, 2009 Regular Town Council Meeting. Chris Conrad ............................ Page 65 TAB E) Item No. 9: CONTINUATION OF PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 14 , SERIES OF 2009 — SNOWMASS CLUB EMPLOYEE HOUSING Time 45 minutes) ACTION REQUESTED OF COUNCIL: Consideration of a Minor PUD Amendment for a proposed employee housing unit at the Snowmass Club Jim Wahlstrom ......................... Page 67 TAB F) Item No. 10: FIRST READING — ORDINANCE NO. 17, SERIES OF 2009 AN ORDINANCE AMENDING THE COMPOSITION OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD Time 15 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance No. 17, Series of 2009 Russ Forrest ............................. Page 94 TAB G) Item No. 11: COMPREHENSIVE PLAN Time: 120 minutes) ACTION REQUESTED OF COUNCIL: Review red-lined version of all Chapters, final review. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, David Peckler) Page 98 TAB H) Item No. 12: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page 99 TAB 1) Item No. 13: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 103 (TAB J) Item No. 14: APPROVAL OF MEETING MINUTES FOR: JULY 27, 2009 AND SEPTEMBER 14, 2009 Page 106 TAB K) 11-02-09 TC Agenda Page 3 of 3 Item No. 16: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 126 (TAB L) Item No. 17: 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 further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 18: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4 hours and approx 45 minutes(excluding items 1-3 and 15 —17) 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: Sustainability Committee Recommendation DATE: November 2, 2009 SUBJECT: SECOND READING OF ORDINANCE NO. 16, SERIES OF 2009 — CONSENTING TO THE IMPROVEMENT FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY PURPOSES TO ANY RESIDENTIAL OR COMMERCIAL PROPERTY WITHING THE TOWN BY THE COUNTY OF PITKIN I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Council is asked to conduct a Second Reading of Ordinance No. 16, Series of 2009, consenting to the improvement for renewable energy and energy efficiency purposes to any residential or commercial property within the Town by the County of Pitkin. II.BACKGROUND The purpose of this Ordinance is to allow the Town of Snowmass Village to opt in to the local improvement district for the Energy Smart Loan Program. On September 1, 2009 the Pitkin Board of County Commissioners approved a resolution referring ballot measure 1A. The question to be posed to the voters on November 3, 2009 will be the authority for Pitkin County to issues bonds in the amount of$7 million to create the "Energy Smart Local Improvement District" arising under Section 20 of Article X of the State Constitution. If Referendum 1A passes, Pitkin County will create the Energy Smart Loan Program. This program will provide low interest loans to property owner to make energy efficiency and renewable energy improvements to their properties. The loans would then be repaid as a special assessment to the owner's property taxes. This Ordinance allows the Town of Snowmass Village to opt in to this program, thereby making the loans available to the property owners within the Town's municipal boundary. IV Staff Recommendations: Approve, Modify or Deny Second Reading of Ordinance No. 16, Series of 2009 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 16 SERIES OF 2009 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, CONSENTING TO THE IMPROVEMENT FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY PURPOSES TO ANY RESIDENTIAL OR COMMERCIAL PROPERTY WITHIN THE TOWN BY THE COUNTY OF PITKIN. WHEREAS, pursuant to part 6 of article 20 of title 30, Colorado Revised Statutes, as amended (hereinafter the "Act"), Pitkin County has authorized a local improvement district for the purpose of encouraging, accommodating, and financing Energy Efficiency Improvements and Renewable Energy Improvements (both as defined in the Act); and WHEREAS, Pitkin County via the Pitkin County Energy Smart Local Improvement District (the "District") desires to encourage, accommodate and provide financing for Energy Efficiency and Renewable Energy Improvements ("EE/RE") (the "Project") pursuant to the Act for the purpose of accomplishing the Project, including paying all costs necessary and incidental thereto; and WHEREAS, the Town Council of the Town of Snowmass Village, Colorado, (the "Council") approved Resolution No. 26, Series of 2009 in support of "Referendum 1A" that creates the energy smart loan program and support from the Snowmass Sustainability Committee, and WHEREAS, this Council finds that giving such consent to allow such participation is in the best interests of the residents and property owners of the Town, the Council finds as follows: Section 1. The Town hereby consents, as provided in Section 30-20-603(1)(a), Colorado Revised Statutes, as amended, to energy efficiency and renewable energy systems and improvements being installed upon any private property within the Town through Pitkin County's Energy Smart Local Improvement District, pursuant to the Act, in order that owners of properties located anywhere within the Town may voluntarily agree to participate in the District's program. Section 2. Any future consents that may be necessary or desirable for properties hereinafter included within the Town of Snowmass Village may be given by ordinance or resolution as this Council in its discretion determines. Section 3. The officers of the Town shall take such other steps or actions necessary or reasonably required to carry out the terms and intent of this Ordinance and Consent. Section 4. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. Section 5. All actions not inconsistent with the provisions of this Ordinance heretofore taken by the Council and the officers of the Town regarding this matter hereby are ratified, approved, and confirmed. Section 6. This Ordinance shall be in full force and effect fifteen (15) days after approval at second reading. INTRODUCED, READ, AND APPROVED, as amended, on First Reading by the Town Council of the Town of Snowmass Village, Colorado on this 1V day of October 2009, upon a motion made by Council Member Butler and the second by Council Member Lewis, upon a vote of 4 in favor and 0 opposed. Council Member Mordkin was absent. READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the Town of Snowmass Village, Colorado on this 2nd day of November 2009, upon a motion made by Council Member and the second by Council Member upon a vote of_ in favor and_opposed TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney ATTEST: Rhonda B. Coxon, Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowski, Finance Director Russ Forrest, Town Manager DATE: November 2, 2009 SUBJECT: Second Reading of Ordinance No. 12, Series of 2009 Amending the 2009 Budget for all funds of the Town of Snowmass Village I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance amending the 2009 Budget for all funds of the Town of Snowmass Village IL BACKGROUND A. Per the Home Rule Charter, the Town Council adopts the budget by resolution, but any amendments to the original budget must be by ordinance. This ordinance amends the 2009 budget and authorizes the appropriation of those funds. The Financial Advisory Board reviewed the budget on September 16, 2009 and recommends adoption of the 2009 revised budget. 2009 General Fund Budget Summary 2009 revised operating revenues are projected lower than budget by $334,548. The revised revenues reflect a decrease in sales tax revenues, building department fees and transfers in. 2009 revised operating expenditures are projected lower than budget by $451,981 as a result of lower fuel costs, utilities and personnel costs. The 2009 revised budget is projected to end the year with an additional $67,287 in fund balance. III. STAFF RECOMMENDATION Adoption of Ordinance No. 12, Series of 2009. Note: Copy of the 2009 revised budget is available at the Town Clerks office. SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 12 SERIES OF 2009 AN ORDINANCE AMENDING THE 2009 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE. WHEREAS,the Town Manager, has submitted a 2009 Revised Budget;and WHEREAS,the 2009 budget, revenues and expenditures have varied from budgeted amounts;and WHEREAS,sales tax revenues,planning and building department fees and transfers in from other funds are revised lower than budgeted and General Fund expenditures were revised lower due to decreases in personnel costs, vehicle gas&oil, and utilities; and WHEREAS,the Town of Snowmass Village Home Rule Charter requires adjustments to the budget when circumstances change relating to the budget. NOW,THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village,Colorado: Section One: Revised Budget That the Town of Snowmass Village 2009 budget be adjusted to the 2009 revised budget, a true and accurate copy of which is attached hereto. Section Two: Appropriation That the 2009 revised budgeted revenue is hereby appropriated for expenditure during the 2009 budget year. Section Three: Effective Date This Ordinance shall become effective upon adoption in accordance with Article X, Section 9.11 (e)of the Home Rule Charter. INTRODUCED, READ AND ADOPTED on first reading by the Town Council of Snowmass Village, Colorado on the 19th day of October,2009 with a motion made by Wilkinson and seconded by Butler and by a vote of 4 in favor to 0 opposed. Council Member Mordkin absent. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of Snowmass Village, Colorado on the 2nd day of November, 2009 with a motion made by and seconded by and by a vote of_in favor to_opposed. A roll call was taken,those in favor were those opposed were TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon,Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowski, Finance Director Russ Forrest, Town Manager DATE: November 2, 2009 SUBJECT: Second reading of Ordinance No. 15, Series of 2009 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second reading of Ordinance No. 15, Series of 2009 to refinance existing bonds to obtain a lower interest rate. Action Needed: Approval of Second reading of Ordinance No. 15, Series of 2009. 11. BACKGROUND Staff began working with Russ Caldwell of DA Davidson to look for opportunities to refinance existing bonds to achieve a lower interest rate, lower bond payments and a net savings to the Town. Calvin Hansen of Sherman and Howard is acting as the Towns Bond Counsel. The Droste bonds and the Mountain View 11 bonds both were eligible to be refunded under the above criteria. Both bonds were sold on Monday, October 27`h and will close on November 19`h. The Droste bonds have a net PV savings of$587K and the Mountain View 11 bonds have an estimated net PV savings of$94K. They came in with an additional $20,670 in net PV savings. Staff informed the FAB of the refinancing during the FAB Budget Meeting. The maturity dates of both bonds remain the same. Ill. STAFF RECOMMENDATIONS Staff recommends approval of Ordinance No. 15, Series of 2009. STATE OF COLORADO COUNTY OF PITKIN SS. TOWN OF SNOWMASS VILLAGE The Town Council of the Town of Snowmass Village, Pitkin County, Colorado met in public, regular session in full conformity with law and the ordinances and rules of the Town in the Council Chambers, Snowmass Village Town Hall, 16 Kearns Road, in the Town, on Monday, October 19, 2009 at 4:00 p.m. Upon roll call the following were found to be present, constituting a quorum: Present: Mayor: Bill Boineau Members: Markey Butler Reed Lewis Arnold Mordkin John Wilkinson Absent: There were also present: Town Manager: Russell Forrest Finance Director: Marianne Rakowski Town Clerk: Rhonda B. Coxon Town Attorney: John C. Dresser, Jr. Thereupon, the following proceedings, among others, were had and taken. The following ordinance was then introduced, copies of which had previously been distributed to each Council member and to those persons in attendance at the Council meeting, whereupon the ordinance was read by title only: 001920.0201PU BFIN/1018172.4 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 15 SERIES OF 2009 AN ORDINANCE DESIGNATED BY THE SHORT TITLE "2009 REFUNDING BOND ORDINANCE'; AUTHORIZING THE TOWN OF SNOWMASS VILLAGE, COLORADO TO CONTRACT AN INDEBTEDNESS ON ITS BEHALF AND UPON ITS CREDIT BY THE ISSUANCE OF ITS GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,415,000 FOR THE PURPOSE OF REFUNDING THE TOWNS OUTSTANDING MULTIFAMILY HOUSING GENERAL OBLIGATION BONDS, SERIES 1998 AND ITS OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1999A AND SERIES 19998; PROVIDING DETAILS CONCERNING THE BONDS, THEIR FORM, THEIR SALE AND FUNDS RELATING THERETO; PROVIDING FOR THE LEVY OF GENERAL AD VALOREM TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BONDS; AND PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Snowmass Village, Pitkin County, Colorado (the 'Towri) is a municipal corporation duly organized and existing under the laws of the State of Colorado (the State)and in particular under the provisions of Article XX of the Constitution of the State and the Charter of the Town (the'Chartet); and WHEREAS, the Town has previously issued its Multifamily Housing General Obligation Bonds, Series 1998 (the "Series 1998 Bonds) which are currently outstanding in the principal amount of$1,110,000; and WHEREAS, issuance of the Series 1998 Bonds was approved at a Town election held on November 4. 1997 in accordance with Section 10.5 of the Towris Home Rule Charter (the Chartet); and WHEREAS, the Series 1998 Bonds maturing on and after November 15, 2008 are subject to redemption on November 15, 2007 or on any date thereafter at a redemption price equal to 100% of the principal amount of the Bonds redeemed plus accrued interest thereon to the redemption date without premium; and WHEREAS, the Town has previously issued its General Obligation Bonds, Series 1999A the"Series 1999A Bond)which are currently outstanding in the principal amount of $3,845,000 and its General Obligation Bonds, Series 1999B (the"Series 1999B Bond) which are currently outstanding in the principal amount of$990,000; and WHEREAS, issuance of the Series 1999A Bonds and the Series 19998 Bonds were approved at a Town election held on November 3, 1998 in accordance with Section 10.5 of the Charter; and WHEREAS, the Series 1999A Bonds and Series 19998 Bonds maturing on and after December 15, 2010 are subject to redemption on December 15, 2009 or on any date thereafter 2 001920.020/PUBFIN/10181 72.4 at a redemption price equal to 100% of the principal amount of the Bonds redeemed plus accrued interest thereon to the redemption date without premium; and WHEREAS, the Town Council (the "Council") has determined that it is in the best interests of the Town and its citizens to issue its general obligation refunding bonds, in two series, for the purpose of refunding all of the outstanding Series 1998 Bonds maturing on and after November 15, 2010 and all of the outstanding Series 1999A Bonds and Series 1999B Bonds (together, the "Refunded Bonds") and to exercise its prior redemption options; and WHEREAS, the Council has determined, and does hereby declare: A. The projects financed with the proceeds of the Refunded Bonds serve a valid governmental purpose and are necessary and in the best interests of the Town; and B. The Town shall issue its `Town of Snowmass Village, Colorado, General Obligation Refunding Bonds, Series 2009A" and its 'Town of Snowmass Village, Colorado, General Obligation Refunding Bonds, Series 2009B" (together, the 'Bonds") for the purpose of refinancing the Refunded Bonds (the 'Refunding Project') and paying the cost of issuance of the Bonds; and C. Pursuant to Article X, Section 20(4) of the State Constitution, the Bonds may be issued without an election if they are issued at a lower interest rate; and D. The Town hereby determines that subject to the parameters set forth herein the Bonds shall be issued at a lower interest rate; and E. All action preliminary to the authorization of the issuance of the Bonds has been taken; and WHEREAS, the Council has determined, and hereby determines, that the Bonds shall be sold to the Purchaser in accordance with the terms hereof and the Sale Certificate described herein, and that such sale is to the best advantage of the Town; and WHEREAS, the Council hereby adopts the provisions of the Supplemental Public Securities Act, Article 57 of Title 11 of Colorado Revised Statutes, as amended, in connection with the issuance of the Bonds; and WHEREAS, there have been filed with the Town Clerk: i) the form of Bond Purchase Agreement (the "Bond Purchase Agreement') between the Town and the Purchaser; ii) the form of Preliminary Official Statement (the "Preliminary Statement')for the Bonds; iii) the form of the Continuing Disclosure Agreement (the "Continuing Disclosure Agreement') to be executed by the Town in connection with the issuance of the Bonds; iv) the form of the Paying Agent and Registrar Agreement between the Town and the American National Bank (the "Paying Agent Agreement'); and 3 001920.020/PUBFIN/1018172.4 v) the form of the Escrow Agreement between the Town and American National Bank (the "Escrow Agreement"). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE: Section 1. Short Title. This ordinance shall be known as and may be cited by the short title "2009 Refunding Bond Ordinance" (the "ordinance"). Section 2. Definitions. The terms defined in this section shall have the designated meanings for all purposes of this ordinance and of any ordinance amendatory hereof or supplemental hereto, or relating hereto, except where the context by clear implication otherwise requires: a) Beneficial Owner means any person for which a Participant acquires an interest in the Bonds. b) Bond Fund means the special account known as the "Town of Snowmass Village, Colorado, General Obligation Refunding Bonds Series 2009 Bond Fund" created in Section 13 hereof. c) Bonds means the Series 2009A Bonds and the Series 2009B Bonds as issued pursuant to this ordinance. d) Charter means the home rule charter of the Town as from time to time amended. e) Code means the Internal Revenue Code of 1986, as in effect on the date of delivery of the Bonds. f) Continuing Disclosure Agreement means the Continuing Disclosure Agreement dated as of November 1, 2009 between the Town and American National Bank, which enables the Purchaser to comply with Rule 15c2-12 of the Securities and Exchange Commission. g) Council means the Town Council of the Town, which is its governing body exercising legislative powers, and any successor governing body of the Town. h) County means Pitkin County, Colorado. i) Depository means any securities depository as the Town may provide and appoint, in accordance with the guidelines of the Securities and Exchange Commission, which shall act as securities depository for the Bonds. 0) DTC means The Depository Trust Company, New York, New York, and its successors and assigns. k) Escrow Agent means American National Bank, and its successors. and assigns. 4 001920.020/PUBFIN/1018172.4 1) Escrow Fund means the special account known as the "Town of Snowmass Village, Colorado, General Obligation Refunding Bonds Series 2009 Escrow Fund" created in Section 13 hereof. m) Federal Securities means bills, certificates of indebtedness, notes, bonds or other obligations which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America (or an ownership interest in any of the foregoing). n) Fiscal Year means the 12 months commencing on the first day of January of any calendar year and ending on the last day of December of the same calendar year. o) Official Statement means the final Official Statement prepared in connection with issuance of the Bonds. p) Outstanding means, as of any date of calculation, all Bonds theretofore executed, issued and delivered by the Town except: W Bonds theretofore canceled by the Town, by any paying agent or otherwise on the Town's behalf, at or before such date; ii) Bonds in lieu of, or in substitution for which, other Bonds shall have been executed, issued and delivered by the Town and authenticated by the Paying Agent unless proof satisfactory to the Paying Agent is presented that any such Bonds are duly held by the lawful registered owners thereof; or iii) Bonds deemed to have been paid within the meaning of Section 19 hereof. q) Participant means any broker-dealer, bank or other financial institution from time to time for which DTC or another Depository holds the Bonds. r) Paying Agent or Registrar means American National Bank, in Denver, Colorado, or its successors and assigns, acting as registrar, transfer agent and paying agent for the Bonds. s) Preliminary Official Statement means the Preliminary Official Statement with respect to the Bonds. t) Purchaser means D.A. Davidson & Co. u) Record Date means the close of business on the first day (whether of not a business day) of the calendar month in which any interest payment is due on the Bonds. v) Refunding Project means the refunding of all of the outstanding Series 1998 Bonds maturing on and after November 15, 2010 and of all of the outstanding Series 1999A Bonds and Series 1999B Bonds. w) Registered Owner or registered owner means the registered owner of any Bond as shown on the registration records kept by the Paying Agent. 5 001920.020/PUBFIN/1018172.4 x) S&P means Standard & Poor's, a Division of The McGraw-Hill Companies, Inc. y) Sale Certificate means a certificate executed by either the Mayor or the Town's Finance Director dated on or before the date of delivery of the Bonds, setting forth (i) the date of the Bonds and the maturities of the Bonds of each series, (ii) the aggregate principal amount of the Bonds of each series, (iii) the rates of interest on the Bonds, (iv) the amount of principal of the Bonds of each series maturing on each date, (v) the price at which the Bonds will be sold and (vi) whether the payment of the principal of and interest on the Bonds will be secured by a municipal bond insurance policy, all subject to the parameters and restrictions contained in this ordinance. z) Series 1998 Bonds means the Town's outstanding Multifamily Housing General Obligation Bonds, Series 1998. aa) Series 1999A Bonds means the Town's outstanding General Obligation Bonds, Series 1999A. bb) Series 1999B Bonds means the Town's outstanding General Obligation Bonds, Series 19998. cc) Series 2009A Bonds means the "Town of Snowmass Village, Colorado, General Obligation Refunding Bonds, Series 2009A" as issued pursuant to this ordinance. dd) Series 2009B Bonds means the "Town of Snowmass Village, Colorado, General Obligation Refunding Bonds, Series 200913" as issued pursuant to this ordinance. ee) Special Record Date means a special date fixed by the Paying Agent to determine the names and addresses of registered owners for purposes of paying interest on a special interest payment date for the payment of defaulted interest. ff) State means the State of Colorado. gg) Supplemental Act means the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. hh) Term Bonds means Bonds that are payable on or before their specified maturity dates from sinking fund payments established for that purpose and calculated to retire such Bonds on or before their specified maturity dates. ii) Town means the Town of Snowmass Village, a municipal corporation located in the County and the State, and being a political subdivision of the State, or any successor municipal corporation. Section 3. Authority for this Ordinance. This ordinance is adopted by virtue of the Town's powers as a home rule city operating pursuant to Article XX of the State Constitution, the Charter and the Supplemental Act. Pursuant to Article XX of the State Constitution and the Charter, all statutes of the State which might otherwise apply in connection with the Refunding Project and the Bonds, excepting the provision of the Supplemental Act, are hereby superseded. 6 001920.020/P U B F I N/1 018172.4 Section 4. Authorization. For the purpose of providing funds to defray the costs of the Refunding Project, including the costs of issuance of the Bonds, the Council, on behalf of the Town and upon the credit thereof, shall issue its 'Town of Snowmass Village, Colorado, General Obligation Refunding Bonds, Series 2009A" and its "Town of Snowmass Village, Colorado, General Obligation Refunding Bonds, Series 20096" in an aggregate principal amount of not to exceed $5,515,000. Proceeds of the Series 2009A Bonds shall be allocable to the refunding of the Series 1999A Bonds and the Series 1999B Bonds. Proceeds of the Series 2009B Bonds shall be allocable to the refunding of the Series 1998 Bonds maturing on and after November 15, 2010. The Bonds are issued pursuant to the Charter and the provisions of the Supplemental Act, which recital shall be conclusive evidence of their validity and the regularity or their issuance Section 5. Bond Details. The Bonds shall be issued in fully registered form in denominations of $5,000 and any integral multiple thereof (provided that no Bond may be in a denomination which exceeds the principal coming due on any maturity date and no individual Bond may be issued for more than one maturity). The Bonds shall be dated as of their date of delivery. The Series 2009A Bonds shall be lettered "R" and shall be numbered separately from 1 upward and the Series 2009B Bonds shall be lettered "RR" and shall be numbered separately from 1 upward. The Bonds shall mature, be payable, bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable to the registered owners of the Bonds from their date to maturity and be sold, all as provided in the Sale Certificate; provided that (i) the Bonds shall not be subject to redemption prior to maturity at the option of the Town, (ii) the Bonds shall mature no later than December 15, 2019, (iii) the net effective interest rate on the Bonds shall not exceed 5.00%, (iv) the net interest cost of the Bonds shall not exceed $1,650,000, (v) the aggregate principal amount of the Bonds shall not exceed $5,515,000, (vi) the purchase price of the Bonds shall not be less than 99% of the original principal amount of the Bonds, and (viii) there must be a net present value savings. Interest on the Bonds shall be payable to the registered owners of the Bonds from their date to maturity or prior redemption at the rates per annum set forth in the Sale Certificate, payable semiannually on June 15 and December 15 in each year, commencing June 15, 2010, except that Bonds which are reissued upon transfer, exchange or other replacement shall bear interest from the most recent interest payment date to which interest has been paid, or if no interest has been paid from the date of the Bonds. The Bonds shall mature serially on December 15 as provided in the Sale Certificate. The principal of any Bond shall be payable to the registered owner thereof as shown on the registration records kept by the Registrar upon maturity or prior redemption of the Bonds upon presentation and surrender at the principal office of the Paying Agent. If any Bond shall not be paid upon such presentation and surrender, it shall continue to bear interest at its stated interest rate until the principal thereof is paid in full. Payment of interest on any Bond shall be made to the registered owner thereof by check or draft mailed by the Paying Agent, on each interest payment date (or, if such interest payment date is not a business day, on the next succeeding business day), to the registered owner thereof at his or her address as it last appears on the registration records kept by the Registrar on the Record Date, but any such interest not so timely paid shall cease to be payable to the person who is the registered owner thereof at the close of business on the Record Date and shall be payable to the person who is the registered owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the Bonds not less than ten days 7 001920.020/PUB F IN/1018172.4 prior thereto by first-class mail to each such registered owner as shown on the Registrar's registration records on a date selected by the Paying Agent, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any Bond by such alternative means as may be mutually agreed to by the registered owner of such Bond and the Paying Agent. All such payments shall be made in lawful money of the United States of America, without deduction for services of the Registrar or Paying Agent. Section 6. Prior Redemption. a) The Bonds are not subject to optional redemption prior to maturity by the Town. b) The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the times, in the amounts, and at the prices set forth in the Sale Certificate. On or before the thirtieth day prior to each sinking fund payment date, the Registrar will proceed to call the Term Bonds (or any Term Bond or Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the next December 15, and give notice of such call without further instruction or notice from the Town. At its option, to be exercised on or before the sixtieth day next preceding each sinking fund redemption date, the Town may (a) deliver to the Registrar for cancellation Term Bonds of such series then subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of such series then subject to mandatory sinking fund redemption on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and canceled by the Registrar and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the Town on such sinking fund redemption date and the principal amount of Term Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The Town will on or before the sixtieth day next preceding each sinking fund redemption date furnish the Registrar with its certificate indicating whether or not and to what extent the provisions of (a) and (b) above are to be availed with respect to such sinking fund payment. Failure of the Town to deliver such certificate shall not affect the Registrar's duty to give notice of sinking fund redemption as provided in this Section. c) In the case of Bonds of a denomination larger than $5,000, a portion of such Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the Owner of such Bond, authenticate and issue a replacement Bond or Bonds of the same series for the unredeemed portion thereof. d) Notice of any redemption shall be given by the Paying Agent in the name of the Town by sending a copy of such notice by first-class, postage prepaid mail, not more than 60 days and not less than 30 days prior to the redemption date to the Purchaser and to each Registered Owner of any Bond all or a portion of which is called for redemption at his or her address as it last appears on the registration books kept by the Registrar. Failure to give such notice by mailing to the Registered Owner of any Bond or to the Purchaser, or any defect therein, shall not affect the validity of the proceedings for the redemption of any other Bonds. All official notices of redemption shall be dated and shall state: 8 001920.020/PUB FIN/1018172.4 1) CUSIP numbers of Bonds to be redeemed; 2) the redemption date; 3) the redemption price; 4) if less than all Outstanding Bonds are to be redeemed, the identification of the Bonds (and, in the case of partial redemption, the respective principal amounts and interest rate)to be redeemed; 5) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and 6) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office as shall be designated by the Paying Agent. Prior to any redemption date, the Town shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Town shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Paying Agent at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for partial redemption of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of the same series, maturity and interest rate in the amount of the unpaid principal. All Bonds which have been redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued. In addition to the foregoing notice, further notice may be given by the Paying Agent in order to comply with the requirements of any Depository holding the Bonds but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Section 7. Execution and Authentication. The Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Mayor of the Town, shall be sealed with the manual or facsimile impression of the seal of the Town, and shall be attested by the manual or facsimile signature of the Clerk of the Town. The Bonds bearing the manual or facsimile signatures of the officers in office at the time of the signing thereof shall be the valid and binding obligations of the Town notwithstanding that before the delivery of the Bonds or before the issuance of the Bonds upon transfer or exchange, any or all of the persons whose signatures appear on the Bonds shall have ceased to fill their respective offices. The Mayor and the Clerk of the Town shall by the execution of a signature certificate pertaining to the Bonds adopt as and for their respective signatures the facsimiles thereof appearing on the Bonds. The Mayor and the Clerk of the Town may each adopt as and for his or her facsimile signature the facsimile 9 001920.020/PU BFIN/1018172.4 signature of his or her predecessor in office in the event that such facsimile signature appears upon any of the Bonds. No Bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form hereinafter provided, has been duly manually executed by the Paying Agent. The Paying Agent's certificate of authentication shall be deemed to have been duly executed by it if manually signed by an authorized representative of the Paying Agent, but it shall not be necessary that the same representative sign the certificate of authentication on all of the Bonds issued hereunder. By authenticating any of the Bonds initially delivered pursuant to this ordinance, the Paying Agent shall be deemed to have assented to the provisions of this ordinance. Section 8. Registration, Transfer and Exchange of Bonds. Records for the registration and transfer of the Bonds shall be kept by the Registrar. Upon the surrender for transfer of any Bond at the Paying Agent, with a written instrument of transfer satisfactory to the Paying Agent duly executed by the registered owner or his duly authorized attorney, the Paying Agent shall authenticate and deliver in the name of the transferee or transferees a new Bond or Bonds of the same series and of a like aggregate principal amount and maturity bearing a number or numbers not previously assigned. Subject to Section 9 hereof, Bonds may be exchanged at the Paying Agent for an equal aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. The Paying Agent shall authenticate and deliver a Bond or Bonds which the registered owner making the exchange is entitled to receive, bearing a number or numbers not previously assigned. The Paying Agent may impose reasonable charges in connection with exchanges or transfers of Bonds, which charges (as well as any tax or other governmental charge required to be paid with respect to such transfer) shall be paid by the registered owner requesting such exchange or transfer. The person in whose name any Bond shall be registered on the registration records kept by the Registrar shall be deemed and regarded as the absolute owner thereof for the purpose of making payment thereof and for all other purposes; and payment of either principal or interest on any Bond shall be made only to or upon the written order of the registered owner thereof or his legal representative, but such registration may be changed in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such Bond to the extent of the sum or sums so paid. If any Bond shall be lost, stolen, destroyed or mutilated, the Paying Agent shall, upon receipt of such evidence, information or indemnity relating thereto as the Town and the District may reasonably require, authenticate and deliver a replacement Bond or Bonds of the same series and of a like aggregate principal amount and of the same maturity bearing a number or numbers not previously assigned. If such lost, stolen, destroyed or mutilated Bond shall have matured or is about to become due and payable, the Paying Agent may pay such Bond in lieu of replacement. Whenever any Bond shall be surrendered to the Paying Agent upon payment thereof, or to the Paying Agent for transfer, exchange or replacement as provided herein, such Bond shall be promptly canceled by the Paying Agent, and counterparts of a certificate of such cancellation shall be furnished by the Paying Agent to the Town. 10 001920.020/PU B F IN/1018172.4 Section 9. Book Entrv. a) Notwithstanding any contrary provision of this ordinance, the Bonds of each series shall initially shall be evidenced by one Bond for each maturity and interest rate in denominations equal to the aggregate principal amount of the Bonds of such series, maturity and interest rate. Such initially delivered Bonds shall be registered in the name of"Cede & Co." as nominee for DTC, the Depository for the Bonds. The Bonds may not thereafter be transferred or exchanged except: 7) to any successor of DTC or its nominee, which successor must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), Colorado Revised Statutes and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended; or 2) upon the resignation of DTC or a successor or a determination by the Council that DTC or such successor or new Depository is no longer able to carry out its functions, and the designation by the Council of another Depository institution acceptable to the Council and to the Depository then holding the Bonds, which new Depository institution must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), Colorado Revised Statutes and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended, to carry out the functions of DTC or such successor new Depository; or 3) upon the resignation of DTC or a successor or new Depository under clause (2) of this paragraph (a), or a determination of the Council that DTC or such successor or new Depository is no longer able to carry out its functions, and the failure by the Council, after reasonable investigation, to locate another qualified Depository institution under clause (2) to carry out such depository functions, or upon determination by the Council that use of a Depository is no longer in the best interests of the registered owners of the Bonds. b) In the case of a transfer to a successor of DTC or its nominee as referred to in clause (1) or (2) of paragraph (a) hereof, upon receipt of the Outstanding Bonds by the Registrar together with written instructions for transfer satisfactory to the Registrar and Paying Agent, a new Bond for each maturity of the Bonds then Outstanding shall be issued to such successor or new Depository, as the case may be, or its nominee, as is specified in such written transfer instructions. In the case of a resignation or determination under clause (3) of paragraph (a) hereof and the failure after reasonable investigation to locate another qualified Depository institution for the Bonds as provided in clause (3) of paragraph (a) hereof, and upon receipt of the outstanding Bonds by the Registrar, together with written instructions for transfer satisfactory to the Registrar, new Bonds shall be issued in authorized denominations as provided in and subject to the limitations of Section 8 hereof, registered in the names of such persons, as are requested in such written transfer instructions; however, the Registrar and Paying Agent shall not be required to deliver such new Bonds within a period of less than 60 days from the date of receipt of such written transfer instructions. c) The Town, the Registrar and the Paying Agent shall be entitled to treat the registered owner of any Bond as the absolute owner thereof for all purposes hereof and any applicable laws, notwithstanding any notice to the contrary received by any or all of them and the Town, the Registrar and the Paying Agent shall have no responsibility for transmitting payments or notices to the Beneficial Owners of the Bonds held by DTC or any successor or new depository named pursuant to paragraph (a) hereof. 11 001920.020/PUBFIN/1018172.4 d) The Town, the Registrar and the Paying Agent shall endeavor to cooperate with DTC or any successor or new Depository named pursuant to clause (1) or (2) of paragraph (a) hereof in effectuating payment of the principal amount of the Bonds upon maturity when due by arranging for payment in such a manner that funds representing such payments are available to the Depository on the date they are due. e) Upon any partial redemption of any of the Bonds, Cede & Co. (or its successor) in its discretion may request the Town to issue and authenticate a new Bond or shall make an appropriate notation on the Bonds indicating the date and amount of prepayment, except in the case of final maturity, in which case the Bond must be presented to the Registrar prior to payment. The records of the Paying Agent shall govern in the case of any disputes as to the amount of any partial prepayment made to Cede & Co. (or its successor). Section 10. Negotiability. Subject to the registration provisions hereof, the Bonds shall be fully negotiable and shall have all the qualities of investment securities, and the registered owner or owners thereof shall possess all rights enjoyed by the holders of investment securities under the provisions of the Uniform Commercial Code. Section 11. Form of Bonds, Certificates and Registration Panel. The Bonds, Paying Agent's certificate of authentication, form of assignment and legal opinion certificate shall be in substantially the following forms with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this ordinance, or be consistent with this ordinance and necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto: 12 001920.020/PU BFIN/1018172.4 Form of Bond) UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), TO THE TOWN OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY BOND ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF PITKIN TOWN OF SNOWMASS VILLAGE, COLORADO GENERAL OBLIGATION REFUNDING BOND SERIES [2009A] [2009B] No. [R-_j [RR-_j INTEREST RATE MATURITY DATE DATED AS OF CUSIP December 15, _ 2009 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS On the faith, credit and behalf of the Town of Snowmass Village, Colorado (the "Town), the Town Council of the Town (the "Council") hereby acknowledges the Town indebted and promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, on the Maturity Date specified above and to pay interest thereon on June 15 and December 15 in each year commencing June 15, 2010, at the Interest Rate per annum specified above, until the Principal Amount is paid or payment has been provided therefor. This bond will bear interest payable to the Registered Owner at the Interest Rate specified above from the most recent interest payment date to which interest has been paid, or, if no interest has been paid, from the date of this bond. The principal of this bond is payable upon presentation and surrender hereof at the principal office of the Town's Paying Agent (the Paying Agent"), presently American National Bank, in Denver, Colorado. If this bond shall not be paid upon such presentation and surrender, it shall continue to bear interest at the Interest Rate specified above until the principal hereof is paid in full. Interest payable to the Registered Owner of this bond will be paid on each interest payment date (or, if such interest payment date is not a business day, on the next succeeding business day), by check or draft mailed by the Paying Agent to the person in whose name this bond is registered on the registration records of the Town maintained by the registrar (the "Registrar"), presently American National Bank, in Denver Colorado, at the address as it last appears thereon at the close of business on the first day(whether of not a business day) of the calendar month in which any interest payment is due 13 001920.020/PUBFIN/1018172.4 the "Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the registered owner hereof at the close of business on the Record Date and shall be payable to the person who is the registered owner hereof at the close of business on a Special Record Date, as defined in the ordinance adopted by the Council on November 2, 2009 authorizing this bond (the "Bond Ordinance"), for the payment of any defaulted interest. Such Special Record Date shall be fixed by the Paying Agent whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the bonds of the series of which this is one (the "Bonds") not less than ten days prior thereto. The Paying Agent may make payments of interest on this bond by such alternative means as may be mutually agreed to by the registered owner hereof and the Paying Agent. All such payments shall be made in lawful money of the United States of America without deduction for the services of the Registrar or Paying Agent. The Bonds are not subject to optional redemption prior to maturity by the Town. Insert Term Bond provisions here as determined pursuant to the Sale Certificate.] The Bonds are issued in fully registered form, in denominations of $5,000 and any integral multiple thereof (provided that no bond may be in a denomination which exceeds the principal coming due on any maturity date and no individual bond may be issued for more than one maturity). The Town, the Registrar and the Paying Agent may deem and treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of making payment and for all other purposes. The Bonds are not transferable or exchangeable, except as set forth in the Bond Ordinance. The Bonds are issued by the Town, upon its behalf and upon the credit thereof, for the purposes of defraying wholly or in part the costs of refunding the Town's outstanding Multifamily Housing General Obligation Bonds, Series 1998 maturing on and after November 15, 2010 and the Town's outstanding General Obligation Bonds Series 1999A and Series 1999B (the Refunding Project"), and paying certain costs associated with the issuance of the Bonds, all under the authority of and in full conformity with the Charter of the Town, the Constitution and laws of the State of Colorado and pursuant to the Bond Ordinance duly adopted by the Council and made a law of the Town prior to the issuance of this bond. The Bonds are also issued pursuant to Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act"). Pursuant to Section 11- 57-210 of the Supplemental Act, this recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value. It is hereby certified, recited and warranted that all the requirements of law have been complied with by the proper officers of the Town in the issuance of this bond; that the total indebtedness of the Town, including that of this bond, does not exceed any limit of indebtedness prescribed by the Charter of the Town or the Constitution or laws of the State of Colorado; and that provision has been made for the levy and collection of annual taxes sufficient to pay the interest on and the principal of this bond when the same become due. The full faith and credit of the Town are hereby irrevocably pledged for the punctual payment of the principal of and the interest on this bond. 14 001920.020/PU BFIN/1018172.4 This bond shall not be valid or obligatory for any purpose until the Paying Agent shall have manually signed the certificate of authentication hereon. 15 001920.020/PUB FIN/1018172.4 IN TESTIMONY WHEREOF, the Town has caused this bond to be signed and executed on its behalf by the facsimile signature of its Mayor; has caused the facsimile of the seal of the Town to be affixed hereon and has caused this bond to be executed and attested with the facsimile signature of its Town Clerk, all as of the date specified above. FACSIMILE SEAL) Facsimile Signature) Mayor Attest: Facsimile Signature) Town Clerk End of Form of Bond) 16 001920.020fPUBFIN/10 18 172.4 Form of Certificate of Authentication) This is one of the Bonds described in the Bond Ordinance, and this bond has been duly registered on the registration records kept by the undersigned as Paying Agent for the Bonds. Date of Authentication: By Authorized Representative End of Form of Certificate of Authentication) 17 00 1 920.020/PUBFIN/1018172.4 Form of Assignment) For value received, the undersigned hereby sells, assigns and transfers unto the within bond and all rights hereunder and hereby irrevocably constitutes and appoints to transfer the same on the records of the Paying Agent, with full power of substitution in the premises. Dated: Signature Signature Guaranteed: Name and address of transferee: Social Security or other tax identification number of transferee: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. End of Form of Assignment) 18 001 920.020/PUBFIN/1 018172.4 Form of Legal Opinion Certificate) STATE OF COLORADO COUNTY OF PITKIN SS.LEGAL OPINION CERTIFICATE TOWN OF SNOWMASS VILLAGE I, Rhonda B. Coxon, Town Clerk of the Town of Snowmass Village, Colorado (the Town"), do hereby certify that the following legal opinion of Sherman & Howard L.L.C., Attorneys at Law, Denver, Colorado, to wit: Insert opinion in submargins, including complimentary closing and Vs/ Sherman & Howard L.L.C.") is a true, perfect and complete copy of a manually executed and dated copy thereof on file in the records of the Town and that the opinion was dated and issued as of the date of delivery of and payment for the Bonds of the series of which this bond is one. IN WITNESS WHEREOF, I have caused to be hereunto set the facsimile of my signature and the facsimile of the seal of the Town of Snowmass Village, Colorado.. Facsimile Signature) Town Clerk . FACSIMILE SEAL) End of Form of Legal Opinion Certificate) 19 001920.020/PU BFIN/1 018172.4 Section 12. Delivery of Bonds. When the Bonds have been duly executed and authenticated, they shall be delivered to the Purchaser on receipt of the agreed purchase price. The Paying Agent initially shall register the Bonds in the name of "Cede & Co." on behalf of DTC. The funds realized from the sale of the Bonds shall be applied solely for the purposes set forth in Section 13 hereof and for no other purposes. Neither the Purchaser nor the registered owners shall be responsible for the application or disposition by the Town, or any of its officers, of any of the funds derived from the sale of the Bonds. Section 13. Disposition of Bond Proceeds; Other Town Moneys. The net proceeds of the Bonds, including without limitation the accrued interest on the Bonds, shall be deposited promptly by the Town and shall be accounted for in the following manner and are hereby pledged therefor: a) Accrued interest, if any, received in respect of the Bonds shall be credited to the fund hereby created and designated as the 'Town of Snowmass Village, Colorado, General Obligation Refunding Bonds Series 2009 Bond Fund" to be applied to the payment of interest on the Bonds as the same shall become due. b) An amount sufficient, together with available Town moneys, if any, to effect the Refunding Project shall be deposited in a fund hereby created and designated as the Town of Snowmass Village, Colorado General Obligation Refunding Bonds Series 2009 Escrow Fund." The Escrow Fund shall be held by the Escrow Agent and disbursed pursuant to the Escrow Agreement to effect the Refunding Project. c) An amount equal to the remaining proceeds of the Bonds shall be deposited in a separate account to be applied to defray the costs of issuance and sale of the Bonds, d) After completion of the Refunding Project and payment of all issuance expenses, or after adequate provision therefor is made, any unexpended balance of the proceeds of the Bonds shall be deposited in the Bond Fund. Section 14. Payment of Princioal and Interest: Ad Valorem Tax Covenant. If necessary, prior to the collection of taxes for such purpose, the principal of and interest due on the Bonds shall be paid from the general fund of the Town or from any funds of the Town available for that purpose. There shall be levied on all taxable property in the Town at the time and in the manner provided by law, in addition to all other taxes, direct annual taxes sufficient to reimburse said fund or funds and to pay the principal of and the interest accruing on the Bonds promptly as the same shall become due and such taxes, when collected, shall be applied solely for the purpose of the payment of the principal of and interest on the Bonds, respectively, or to reimburse such funds, and for no other purpose whatever until the indebtedness so contracted under this ordinance shall have been fully paid, satisfied and discharged. Said taxes when collected shall be used solely for the purpose of paying the principal of and interest accruing on the Bonds as the same respectively mature, provided that nothing herein contained shall be construed as to prevent the application of any other funds belonging to the Town and available for that purpose, and upon such payments being made, the levy or levies herein provided may thereupon to that extent be diminished. Said direct annual taxes levied to pay said principal and interest shall be in addition to any and all other taxes levied to effect the purposes of the Town. The sums herein provided to pay the interest on the Bonds and to discharge the principal thereof for each year shall be included in the annual budget to be adopted and passed by the Council in each year respectively. No statutory or constitutional provisions enacted after the 20 001920.020/PUBFIN/1018172.4 issuance of the Bonds shall in any manner be construed as limiting or impairing the obligation of the Town to levy ad valorem taxes without limitation of rate and in an amount sufficient to pay the principal of and interest on the Bonds when due. The Bonds shall constitute the general obligations of the Town and the full faith and credit of the Town are hereby irrevocably pledged for the punctual payment of the principal of and interest on the Bonds. The foregoing provisions of this ordinance are hereby declared to be the certificate of the Council to the Board of County Commissioners of the County showing the aggregate amount of taxes to be levied for the purposes aforesaid by the Board of County Commissioners of the County from time to time, as required by law, for the purpose of paying the principal of the Bonds and the interest thereon as the same shall hereafter become due. Section 15. Tax Levy. It shall be the duty of the Council annually at the time and in the manner provided by law for levying other taxes, if such action shall be necessary to effectuate the provisions of this ordinance, to ratify and carry out the provisions hereof with reference to the levy and collection of taxes; and the Council shall require the officers of the Town to levy, extend and collect such taxes in the manner provided by law for the purpose of payment of the principal of the Bonds and the interest accruing thereon. Such taxes, when collected, shall be kept for and applied only to the payment of the principal of and the interest on the Bonds as herein specified. Section 16. Covenants with Bondholder. a) The Town covenants for the benefit of the registered owners that it will not take any action or omit to take any action with respect to the Bonds, the proceeds of the Bonds, any other funds of the Town or the facilities to be financed with the proceeds of the Bonds if such action or omission (i) would cause the interest on the Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Code, (ii) would cause the interest on the Bonds to lose its exclusion from gross income for federal income tax purposes under Section 55(b)(2) of the Code except to the extent such interest is required to be included in the adjusted current earnings adjustment applicable to corporations under Section 56 of the Code in calculating corporate alternative minimum taxable income, or (iii)would cause interest on the Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present State law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Code and State law have been met. b) The Town covenants for the benefit of the owners of the Bonds that it will comply with the Continuing Disclosure Agreement in accordance with its terms. Any registered owner, or, so long as the Bonds are registered in the name of the Depository, any Beneficial Owner, may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligation under this subsection; provided that the Town shall incur no pecuniary liability for failure to comply with this subsection. Section 17. Investment of Funds. Any moneys in any fund or account established by this ordinance may be deposited, invested or reinvested in any manner permitted by law. Such deposits or investments shall either be subject to redemption at any time at face value by the holder thereof at the option of such holder, or shall mature at such time or times as shall most nearly coincide with the expected need for moneys from the fund or account in question. Such deposits or investments of moneys in any such fund or account shall be deemed at all times to 21 00 1 920.020/PUBFIN/1018172.4 be a part of the applicable fund or account. The income or losses accruing on such deposits or investments in any such fund or account shall be deemed to be part of the applicable fund or account. Section 18. Successor Registrar or Paving Agent. The Registrar or Paying Agent and any successor Registrar or Paying Agent may at any time resign from its duties by giving thirty days' written notice by registered or certified mail to the Town and the registered owner of each Bond as shown by the registration records, but such resignation shall not take effect until the appointment of a successor Registrar or Paying Agent, as applicable, by the registered owners of the Bonds or by the Town. The Registrar or Paying Agent may be removed at any time by the Town or by an instrument or concurrent instruments in writing delivered to the Registrar or Paying Agent and to the Town and signed by the registered owners of at least a majority in aggregate principal amount of outstanding Bonds. In case the Registrar or Paying Agent shall resign or be removed, or be dissolved, or shall be in course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the registered owners of at least a majority in aggregate principal amount of outstanding Bonds by an instrument or concurrent instruments in writing signed by such registered owners, or by their attorneys-in-fact duly authorized, a copy of which shall be delivered personally or sent by registered mail to the Town. In case of any such vacancy, the Town, by an instrument executed, attested and sealed on behalf of the Town, shall appoint a temporary Registrar or Paying Agent, as applicable, to fill such vacancy until a successor Registrar or Paying Agent shall be appointed by the registered owners in the manner above provided, and such temporary Registrar or Paying Agent so appointed by the Town shall immediately and without further act be superseded by the Registrar or Paying Agent, as applicable, appointed by the registered owners; provided, however, that, in the event the temporary Registrar or Paying Agent appointed by the Town shall not be superseded by a Registrar or Paying Agent, as applicable, appointed by the registered owners within three months from the effective date of appointment by the Town, the Registrar or Paying Agent appointed by the Town shall be deemed to be the Registrar or Paying Agent, as applicable. The same entity may be appointed to serve as both Registrar and Paying Agent hereunder. Section 19. Defeasance. When the principal and interest due in connection with any Bond have been duly paid, all obligations hereunder with respect to such Bond shall be discharged, and such Bond shall no longer be deemed to be outstanding for any purpose of this ordinance. Payment of such Bond or any portion thereof shall be deemed made when the Town has placed in escrow with a commercial bank exercising trust powers, an amount sufficient including the known minimum yield from Federal Securities in which such amount may be wholly or in part initially invested) to meet all requirements of principal of and interest on such Bond as the same becomes due to maturity. The Federal Securities shall become due or be callable at the option of the holder at or prior to the respective times on which the proceeds thereof shall be needed, in accordance with a schedule agreed upon between the Town and such bank at the time of creation of the escrow. In the event that there is a defeasance of only part of the Bonds, the Paying Agent shall, if requested by the Town, institute a system to preserve the identity of the individual Bonds or portions thereof so defeased, regardless of changes in Bond numbers attributable to transfers and exchanges of Bonds and the Paying Agent shall be entitled to reasonable compensation and reimbursement of expenses from the Town in connection with such system. 22 001920.020/PUBFIN/1018172.4 Section 20. Escrow Fund Sufficiency. If for any reason the amount in the Escrow Fund shall at any time be insufficient for the purposes of Section 13(b) hereof and of the Escrow Agreement, the Town shall forthwith, from moneys available therefore, deposit in the Escrow Fund such additional moneys as shall be necessary to permit the payment of the bond requirements of the Refunded Bonds as provided in the Escrow Agreement. Any excess proceeds released from the Escrow Fund may be used for any public purpose. Section 21. Redemption of the Refunded Bonds. The Council has elected and does hereby declare its intent to exercise on the behalf and in the name of the Town its option to redeem the Series 1998 Bonds maturing on and after November 15, 2010 on the date provided in the Escrow Agreement and to redeem the Series 1999A Bonds and the Series 1999B Bonds on the date provided in the Escrow Agreement. The Town hereby authorizes and directs the Escrow Agent acting as paying agent and registrar for the Refunded Bonds to give notice of refunding and defeasance of the Refunded Bonds to the registered owners of the Refunded Bonds in accordance with the provisions of the ordinances authorizing the issuance of the Refunded Bonds. Section 22. Delegation of Powers. The Mayor or the Chief Financial Officer have the authority to accept the proposal of the Purchaser to purchase the Bonds and to execute the Sale Certificate and the Bond Purchase Agreement, as well as the authority to make determinations in relation to the Bonds contained in the Sale Certificate subject to the parameters and restrictions contained in Section 5 of this ordinance. The Mayor, Clerk and other officers of the Town hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance including without limiting the generality of the foregoing, the original or additional printing of the Bonds (including the opinion of bond counsel thereon) in such quantities as may be convenient, the execution of the Paying Agent Agreement, the Escrow Agreement, the Sale Certificate, the Continuing Disclosure Agreement, the execution of such certificates as may be required by bond counsel or the Purchaser relating to the execution of the Bonds, the tenure and identity of the Town officials, the assessed valuation and indebtedness of the Town, the receipt of the Bond purchase price and the absence of litigation, pending or threatened, if in accordance with the facts, affecting the validity thereof and the absence and existence of factors affecting the exclusion of interest on the Bonds from gross income for federal income tax purposes. The approval hereby given to sign the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any instrument by the appropriate officer of the Town herein authorized shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof. Section 23. Supplemental Ordinances. The Town may, without the consent of or notice to the registered owners, adopt one or more ordinances supplemental hereto, which supplemental ordinances shall thereafter form a part hereof, for any one or more of the following purposes: a) To cure any ambiguity, or to cure, correct or supplement any formal defect or omission or inconsistent provision contained in this ordinance, to make any provision necessary or desirable due to a change in law, to make any provisions with respect to matters arising under this ordinance, or to make any provisions for any other purpose if, in each case, such provisions are necessary or desirable and do not materially adversely affect the interests of the owners of the Bonds; 23 001920.020/PUB FIN/1018172.4 To qualify this ordinance under the Trust Indenture Act of 1939. Section 24. Charter Information. Pursuant to Section 10.12 of the Charter, the Council hereby makes the following declarations. a) The total valuation for assessment of the taxable property within the Town, as shown by the last assessment thereof, is $515,189,480. b) The amount of the Town's total bonded indebtedness outstanding and unrefunded as of the date hereof is $19,045,000; should the Bonds proposed herein be issued, the Town's total bonded indebtedness outstanding will be not greater than $18,945,000 and its total outstanding general obligation indebtedness will be not greater than $13,000,000 provided, that the Town also will have outstanding certain limited tax bonds in the principal amount of$3,745,000, which amount is in addition to the $13,000,000). c) The percentage of debt to assessed valuation (including the Bonds) is 3.7%. d) The Bonds are to be rated "AA-" by S&P. e) The maximum annual debt service on the Bonds shall not exceed 697,850, representing 2.57% of the Town's 2009 budgeted general fund expenditures of 27,113,763 (all Town Funds). The Town intends to pay the Bonds from ad valorem tax revenues. f) The Bonds are issued to reduce debt service on the Refunded Bonds and reduce the burden on taxpayers. Section 25. Approval of Preliminary Official Statement and Authorization of Final Official Statement. The distribution and use of the Preliminary Official Statement is hereby ratified, approved and confirmed. The Purchaser is authorized to prepare or cause to be prepared, and the Mayor is authorized and directed to approve, on behalf of the Town, a final Official Statement for use in connection with the offering and sale of the Bonds. The execution of a final Official Statement by the Mayor shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. Section 26. Parties Interested Herein. Nothing herein expressed or implied confers any right, remedy or claim upon any person, other than the Town, the Council, the Registrar, the Paying Agent, the Escrow Agent and the registered owners of the Bonds. All the covenants, stipulations, promises and agreements herein contained by and on behalf of the Town shall be for the sole and exclusive benefit of the Town, the Council, the Registrar, the Paying Agent, the Escrow Agent and the registered owners of the Bonds. Section 27. Ratification. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council, the officers of the Town and otherwise taken by the Town directed toward the Refunding Project and the sale and delivery of the Bonds for such purpose hereby is ratified, approved and confirmed, including, without limitation, the distribution of the Preliminary Official Statement and the Mayor is hereby authorized to execute the final Official Statement in substantially the form of the Preliminary Official Statement presented to the Council and the Purchaser is authorized to distribute the final Official Statement. 24 001920.020/P U B F I N/1 018172.4 Section 28. No Recourse Against Officers and Agents. Pursuant to Section 11-57- 209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such officer, or agent for payment of the principal of and interest on the Bonds. Such recourse shall not be available either directly or indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and as a part of the consideration of their sale or purchase, any person purchasing or selling such Bonds specifically waives any such recourse. Section 29. Limitations on Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings of the Town in connection with the authorization and issuance of the Bonds, including but not limited to the adoption of this ordinance, shall be commenced more than thirty days after the authorization of the Bonds. Section 30. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any such by-law, order, resolution or ordinance, or part thereof, heretofore repealed. Section 31. Severability. If any section, subsection, paragraph, clause or other provision of this ordinance for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this ordinance. Section 32. Ordinance Irrepealable. After any of the Bonds are issued, this ordinance shall constitute an irrevocable contract between the Town and the registered owners of the Bonds and this ordinance shall be and shall remain irrepealable until the Bonds shall be fully paid, canceled and discharged, except as herein otherwise provided. Section 33. Effective Date and Publication. This ordinance shall be in full force and effect fifteen (15) days after final passage and adoption by the Council as required by the Charter. This ordinance following first reading shall be published by title and summary thereof in a newspaper of general circulation in the Town. After introduction and adoption at second reading, the ordinance shall be published a second time by title and summary thereof in a newspaper of general circulation in the Town, and a true and accurate copy of the ordinance shall be posted in the office of the Town Clerk for 30 days. Such notices shall be in substantially the following form: 25 001920.020/P U B F I N/1 018172.4 Form of Publication) OFFICIAL NOTICE IS HEREBY GIVEN [that on 2009, the Town Council approved upon first reading an ordinance titled as follows] [that on 2009, the Town Council adopted an ordinance titled as follows]: AN ORDINANCE DESIGNATED BY THE SHORT TITLE "2009 REFUNDING BOND ORDINANCE'; AUTHORIZING THE TOWN OF SNOWMASS VILLAGE, COLORADO TO CONTRACT AN INDEBTEDNESS ON ITS BEHALF AND UPON ITS CREDIT BY THE ISSUANCE OF ITS GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,415,000 FOR THE PURPOSE OF REFUNDING THE TOWN'S OUTSTANDING MULTIFAMILY HOUSING GENERAL OBLIGATION BONDS, SERIES 1998 AND A PORTION OF ITS OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1999A AND SERIES 1999B; PROVIDING DETAILS CONCERNING THE BONDS, THEIR FORM, THEIR SALE AND FUNDS RELATING THERETO; PROVIDING FOR THE LEVY OF GENERAL AD VALOREM TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BONDS; AND PROVIDING OTHER MATTERS RELATING THERETO. The proposed Ordinance provides for the issuance of General Obligation Refunding Bonds secured by the Town's full faith and credit and general taxing power. [The Ordinance will be before the Town Council on second reading for approval on 2009.] (The Ordinance has been adopted after second reading, in accordance with the Town Charter, and will become effective fifteen (15) days after adoption.] IN TESTIMONY WHEREOF, the Town Council of the Town of Snowmass Village, Colorado has caused this notice to be dated this 2009. SEAL) s/ Rhonda B. Coxon Town Clerk Snowmass Village, Colorado End of Form of Notice) 26 001920.020/PUBFIN/1 018172.4 INTRODUCED AND APPROVED this 2009 on first reading. Mayor SEAL) Attest: Town Clerk 27 001920.020/PUBFIN/1018172.4 Whereupon it was duly moved and seconded that the foregoing ordinance be now approved upon first reading. The question being upon the adoption of said motion and the approval of the ordinance on first reading, the roll was called with the following result: Those Voting Yes: Those Voting No: Those Absent: The presiding officer thereupon declared that there having been an affirmative vote of a majority of the members of the Council present, the ordinance was approved on first reading. Mayor SEAL) Attest: Town Clerk 28 001920.020/PUB FIN/1018172.4 INTRODUCED, APPROVED and ADOPTED this_ ' 2009. Mayor SEAL) Attest: Town Clerk 29 001920.020/PUBFIN/1018172.4 Whereupon it was duly moved and seconded that the foregoing ordinance be now approved and adopted upon second reading. The question being upon the adoption of said motion and the approval and adoption of the ordinance on second reading, the roll was called with the following result: Those Voting Yes: Those Voting No: Those Absent: The presiding officer thereupon declared that there having been an affirmative vote of a majority of members of the Council present, the ordinance was approved and adopted on second reading. Mayor SEAL) Attest: Town Clerk 30 00 1 920.020/PUBFIN/1018172.4 STATE OF COLORADO COUNTY OF PITKIN SS. TOWN OF SNOWMASS VILLAGE I, Rhonda B. Coxon, Town Clerk of the Town of Snowmass Village, Colorado (the Town"), do hereby certify: 1. The foregoing pages numbered -1- through -28-, constitute a true, correct, complete and compared copy of the proceedings of the Council insofar as such minutes relate to an ordinance designated by the short title "2009 Refunding Bond Ordinance", a copy of which is set forth in such minutes. 2. The ordinance was published by title and summary in Snowmass Sun, being a newspaper published and of general circulation in the Town on 2009 after first reading and on__, 2009 after adoption. 3.The Mayor and other members of the Council were present at such meetings and voted on the passage of the ordinance as in such minutes set forth. All members of the Council were given due and proper notice of the meetings. Such meetings were public meetings. 4.No other proceedings were adopted nor was any other action taken or considered at such meetings pertaining to the ordinance or the Bonds therein authorized. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town on this 2009. Town Clerk SEAL) 31 00 1 920.020/PUBFIN/1018172.4 Attach Affidavits of Publication, by Title and Summary, of 2009 Bond Ordinance) 32 001920.020/PUBFIN/1018172.4 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: November 2, 2009 SUBJECT: Resolution No. 31, Series of 2009 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Complete review of Aspen School District Owl Creek Road employee housing project and formulate recommendations to the Board of Education. II.SUMMARY OF PROJECT Town Council is conducting this review pursuant to the IGA with the School District. III. BACKGROUND A. Planning Commission Resolution No. 16, Series of 2009 provided the concerns, comments and recommendations of the Planning Commission to the Town Council. B. Council received the Project presentation from the District design team and began the review of the Project on October 26, 2009. IV. APPLICABLE REGULATIONS The Project is being compared to the dimensional limitations of the MF zone district V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Formulate concise recommendations in the form of Resolution No. 31 for transmittal to and consideration by the Board of Education pursuant to the IGA. VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the particular recommendations its desires to provide to the School District. It may be desirable to determine the importance to TOSV of each recommendation. Pursuant to the IGA Town Council is to transmit its findings and recommendations to the School Board by November 10, 2009. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION No. 31 5 SERIES OF 2009 6 7 A RESOLUTION PROVIDING THE RECOMMENDATIONS OF THE 8 TOWN COUNCIL TO THE ASPEN SCHOOL DISTRICT CONCERNING 9 THE PROPOSED EMPLOYEE HOUSING ON PARCEL 14 OF THE 10 SNOWMASS CLUB PLANNED UNIT DEVELOPMENT (PUD). 11 12 WHEREAS, an Intergovernmental Agreement (IGA) between the 13 Town of Snowmass Village ("TOSV") and the Aspen School District 14 ("ASD" or "Applicant') details the submission requirements for an 15 employee housing application, the review process, and the scheduling 16 before the Town Planning Commission and Town Council; and 17 18 WHEREAS, prior to or during the discussions or negotiations 19 involving the IGA, the Applicant submitted on August 19, 2009 and 20 updated on September 10, 2009 an application with plans and drawings 21 describing or illustrating the proposal for three (3) buildings with 15 22 dwelling units including 24 bedrooms and 32 parking spaces on a site 23 containing 0.87 acre or 37,932 square feet within Parcel 14 of the 24 Snowmass Club PUD, also known as 5131 Owl Creek Road, as further 25 described or illustrated in attached Exhibits "A" and "B" incorporated 26 herein; and 27 28 WHEREAS, the application was referred to affected Town 29 Departments and outside referral agencies in advance for review and 30 comment during the month of September 2009; and 31 32 WHEREAS, on October 7, 2009 the Applicant submitted updated 33 plans and drawing to respond to some of the review comments received; 34 and 35 36 WHEREAS, on October 21, 2009, the Planning Commission heard 37 a presentation of the development proposal by the Applicant, reviewed the 38 submittal package, heard testimony and provided comments concerns and 39 recommendations to the Town Council by adopting Planning Commission 40 Resolution No. 16, Series of 2009; and 41 42 WHEREAS, the application was processed, reviewed and 43 'commented on by the Planning Commission pursuant to Colorado 44 Revised Statutes Section 22-32-124 and the IGA. 45 1 46 NOW, THEREFORE, the Town Council having heard the presentation of 47 the Applicant, the comments of the public, the reports of Town staff and 48 the referral entities regarding the Application, makes the following findings 49 and recommendations to the Applicant: 50 51 Section One. General Findings. The Town Council generally finds that: 52 53 (1) The application sufficiently incorporates the submission items 54 outlined in the IGA. 55 56 (2) Meeting schedule notices and display ads were provided for the 57 general public, and the proposed plans were exhibited at the Town 58 Hall for public viewing. 59 60 (3) The IGA provides for Town review to make findings and make 61 recommendations regarding the development proposal's 62 compliance with Snowmass Village Municipal Code Sections 16A- 63 5-300(c) General Restrictions and 16A-5-310 Review Standards 64 insofar as feasible. 65 66 (4) The development proposal is not consistent with the underlying 67 zoning parameters set forth in Parcel 14 of the Snowmass Club 68 PUD or the Town's Comprehensive Plan. However, it appears to 69 be more productive at this time, considering the IGA between the 70 two entities, to review the proposed employee housing project on 71 its own merit and against the parameters of the Multi-family (MF) 72 zone district. 73 74 (5) Considering that the existing PUD standards established a density 75 of approximately 2.3 DU/acre, the proposed development with a 76 proposed density of 17.25 dwelling units per acre does not appear 77 compatible with the existing PUD standards. However, the proposal 78 results in a logical and orderly development pattern within the 79 overall community, as a result of the proposal being on the edge of 80 or adjacent to other multi-family developments to the south, 81 southeast and east with two to three story buildings and the 82 dormitory facilities on the adjacent Anderson Ranch property to the 83 west and therefore appears compatible with the neighborhood 84 character and surrounding uses. 85 86 (6) The Applicant has sufficiently demonstrated that the project would 87 remain employee housing controlled by ASD pursuant to the IGA. 88 The Applicant has agreed in the IGA to record a Declaration of 89 Covenants burdening the Property to ensure that the proposed 90 housing remains affordable housing and in the event the Applicant 91 transfers the Property to a buyer who does not wants to continue 2 92 the employee housing use, such a Buyer shall be required to gain 93 Town land use approval prior to changing such use. 94 95 (7) Pursuant to Section 16A-5-300(c)(1), Minimum land area, (2) 96 Location, and (3) Uses, of the Municipal Code, the proposal 97 appears to comply with these standards. 98 99 (8) Pursuant to Section 16A-5-300(c)(4), Maximum buildout, of the 100 Municipal Code, the application is not consistent with this General 101 Restriction. No Future Land Use, Future Units or Commercial 102 Square Footage Specified (Residential or Commercial) are 103 allocated by the Comprehensive Plan's Buildout Chart. However, if 104 the project is designated for employee housing, the buildout 105 provisions have not necessarily applied on past development 106 proposals. 107 108 (9) Pursuant to Section 16A-5-300(c)(5), Dimensional limitations, of the 109 Municipal Code, the subject parcel is located within Parcel 14 of the 110 Snowmass Club PUD with a specified maximum building height of 111 32 feet above natural grade. This is the underlying zoning 112 parameter and the height limitation under the MF zone district is 38 113 feet. . According to the Roof Height Calculations (Sheet A1.1 of 114 application drawings), all three (3) buildings exceed 32 feet, but 115 come very close to complying with the 'MF' zone height limitation of 116 38 feet. Roof Point B2 manually calculates to being approximately 117 38.08 feet above existing grade. 118 119 (10) Pursuant to Section 16A-5-300(c)(6), Community purposes, of the 120 Municipal Code, the application does not include a proposed 121 variation to exceed the maximum buildout or allowable height limit. 122 Provision of restricted housing is a Community Purpose. 123 124 (11) Pursuant to Section 16A-5-300(c)(7), Standards for granting 125 variations, of the Municipal Code, the application does not include a 126 proposed variation to exceed the maximum buildout or allowable 127 height limit. 128 129 (12) Pursuant to Section 16A-5-300(c)(8), Parking, of the Municipal 130 Code, the application does not meet the 1.5 spaces per bedroom for 131 restricted units. The standard for the MF zone district is 1 space 132 per bedroom. The project has 24 bedrooms/providing 32 spaces. 133 The Land Use Code would require 36 spaces at 1.5 spaces per 134 bedroom for deed restricted housing and 24 spaces at 1 space per 135 bedroom for the MF Zone District. There are also 21 spaces that 136 partially extend into the Owl Creek Road right-of-way, and one of 137 those spaces are designated for the for the planned work shuttle 3 138 van/bus to be utilized by the ASD employees to commute to the 139 various school district facilities. 140 141 (13) Pursuant to Section 16A-5-300(c)(9), Road standards, of the 142 Municipal Code, there appears to be a sight distance problem that 143 currently exists for west-bound vehicles leaving the project site. It 144 would appear that at least one evergreen and possibly two (2) Aspen 145 trees within the right-of-way may need to be removed or cropped. 146 Also, there appears to be minimal snow storage capability designed 147 into the site. 148 149 (14) Pursuant to Section 16A-5-310(1), Consistency with Comprehensive 150 Plan, of the Municipal Code, the project does not appear consistent 151 with the Comprehensive Plan as the Future Land Use Map 152 indicates that the property should be Commercial and the Build-out 153 Chart does not provide for "Future Land Use", "Future Units" or 154 Commercial Square Footage" (Residential or Commercial). 155 However, if the project is designated for employee housing, the 156 buildout provisions have not necessarily applied on past 157 development proposals. 158 159 (15) Pursuant to Section 16A-5-310(2), Preservation of community 160 character, of the Municipal Code, the development proposed for the 161 PUD appears to be consistent with the standards of Section 16A-4- 162 340, Building Design Guidelines to Preserve Community Character, 163 and appears generally compatible with the character of some of the 164 existing land uses in the area and would not adversely affect the 165 future development of the surrounding area. 166 167 (16) Pursuant to Section 16A-5-310(3), Creative approach, of the 168 Municipal Code, the development proposed appears to represent 169 an acceptable approach to the development and use of land and 170 related physical facilities to produce better a development and to 171 provide benefits for residents of the PUD and the public in general. 172 173 (17) Pursuant to Section 16A-5-310(4), Landscaping, of the Municipal 174 Code, the proposed landscaping for the project appears to provide 175 sufficient buffering of uses between the project and the neighboring 176 properties to minimize noise, glare and other adverse impacts, but 177 not sufficient landscaping to buffer the project between the project 178 and Owl Creek Road. 179 4 180 (18) Pursuant to Section 16A-5-310(5), Comply with development 181 evaluation standards, of the Municipal Code, the proposal seems to 182 have complied with most of the applicable provisions of Article IV of 183 the Development Code's Development Evaluation Standards. 184 185 (19) Pursuant to Section 16A-5-310(6), Suitability for development, of 186 the Municipal Code, the proposal seems to be suitable for 187 development, considering its topography, environmental features 188 and any natural or man-made hazards that affect its development 189 potential. 190 191 (20) Pursuant to Section 16A-5-310(7), Adequate facilities, of the 192 Municipal Code, the Applicant has not sufficiently addressed how 193 solid waste will be dealt with. The only facility shown is located 194 nearby on the Anderson Ranch property, and no application has 195 been submitted as to Anderson Ranch's plans to replace it. The 196 school district also has not provided information regarding any mutual 197 use agreement, and the new facility on Anderson Ranch property is 198 not exempt from the Town's Land Use approval requirements. 199 Further, the Town's Transportation Department has identified impacts 200 that this project will have upon Town Transit services. 201 202 (21) Pursuant to Section 16A-5-310(8), Spatial pattern shall be efficient 203 concerning roads and water and sewer lines, (9) Phasing, of the 204 Municipal Code, these standards do not appear applicable to this 205 infill development proposal. 206 207 (22) The applicant appears to have provided an adequate construction 208 management plan. 209 210 Section Two: Recommendations. The Town Council makes the 211 following recommendations to the Aspen School District fro inclusion or 212 incorporation into the Project: 213 (1) Council recommends obtaining a License Agreement from the 214 Town to permit the parking, or any other improvements, to extend 215 into the Owl Creek Road right-of-way prior to issuance of a 216 Certificate of Occupancy. 217 218 (2) Council recommends that the project strive to meet the parking 219 standards for a restricted housing project and further recommends 220 as methods to meet said parking standards: 5 221 a. A minimum of one parking space should continue to be 222 reserved for the District's work van/bus/shuttle to permit 223 appropriate access and turn-around capability; 224 b. Creating additional parking spaces where feasible; 225 c. Consideration of a carport structure with an assigned carport 226 for each unit along the southern boundary and towards the 227 western corner of the site with individual storage units 228 included in each carport much like the adjacent Fairway 229 Three complex that would provide additional storage for 230 residents and minimize unsightly storage in more visible 231 areas of the project. Such a carport structure would need to 232 address access to the right-of-way in order for the Town's 233 Public Works Department to store snow and maintain the 234 adjacent ditch. 235 d. A cooperative parking management plan with Anderson 236 Ranch that maximizes the use of the driveway for parking 237 either by daytime or nighttime uses when the driveway area 238 is not being utilized by Anderson Ranch for deliveries. 239 e. The provision of a work shuttle for residents of the project 240 and employees of the District. 241 f. The use of a permit system for residents to ensure 242 availability to residents and prevent unauthorized parking. 243 g. Prohibit the storage or parking of recreational vehicles, 244 snowmobiles, recreational motorcycles, and trailers. 245 h. Provide a designated parking or storage area for bicycles in 246 order to prevent unsightly outdoor storage on balconies, 247 patios or porches. 248 249 (3) Council recommends that the Applicant coordinate an adequate 250 sight-distance triangle off of Owl Creek road at the project exit with 251 the Town's Public Works Department prior to issuance of a Certificate 252 of Occupancy. 253 254 (4) Council recommends applicant provide an adequate snow storage 255 plan will be implemented that will not adversely impact surrounding 256 properties, the Town right-of-way or drainage plan. 257 258 (5) Council recommends the proposed building design of the modular 259 construction be revised to include: 260 261 a. The sloping roof forms as presented are preferred to flat 262 roofs as they reflect the character of the surrounding 263 property and promote mountain architecture. Town Council 264 is very concerned about the flat and inverted roof forms due 265 to snow load and leaks. These forms also do not reflect the 6 266 surrounding architecture or the Town codified preference for 267 mountain architecture. 268 b. While solar energy collection is encouraged, such collection 269 devices should be discreet, not excessively encroach 270 beyond the roof lines and should not increase the height of 271 the buildings. 272 c. Compatibility with the surrounding properties in terms of the 273 use of the materials, finishes and color palette to blend and 274 soften the visual effect of the buildings with the surrounding 275 buildings rather than materials, finishes and colors that make 276 a statement that attracts attention to the size and mass of 277 the buildings. Materials that reflect natural mountain 278 materials such as stone and timbers should be included in 279 the project. 280 d. Revisions should be made to the architecture that provide 281 more articulation and fenestration in the building design and 282 refrain from creating more monolithic structures. 283 284 (6) Council recommends that the storage space planned on the lower 285 basement levels of the buildings be increased and additional 286 storage space elsewhere, such as within the recommended carport 287 structure, should be explored. Council recognizes that he provision 288 of one storage area for each unit within the buildings is an 289 improvement over the previous storage areas plan. 290 291 (7) The landscape plan design and mitigation of existing trees in the 292 proposed plan presented by the Applicant appears acceptable 293 among the proposed buildings and between adjacent properties, 294 but Council recommends increasing the plant material buffering 295 near the southwest portion of the site and in the area between the 296 recommended carport structure and Owl Creek Road, or if the 297 carport structure is not finally included in the Project, then additional 298 landscaping is needed between the parking area and Owl Creek 299 Road. 300 301 (8) Council recommends the Applicant shall sufficiently address how 302 solid waste, and especially recycling, will be dealt with on the site. If 303 off-site trash facilities are proposed to be shared, then the applicant 304 should detail how such sharing of facilities will occur. Such proposed 305 details shall be reviewed by the Town to ensure proper access, 306 design and capacity for the collection of solid waste prior to issuance 307 of a Certificate of Occupancy. 308 309 (9) Council recommends the Applicant agree to a cost share the 310 placement of a shuttle stop along the south side of Owl Creek Road 311 opposite the project. 7 312 313 (10) Council recommends the Applicant adequately respond to the 314 review comments, as outlined in attached Exhibit "C" incorporated 315 herein and such response should be confirmed by the referral 316 agencies. 317 318 Section Three: Severability. If any provision of this Resolution or 319 application hereof to any person or circumstance is held invalid, the 320 invalidity shall not affect any other provision or application of this 321 Resolution which can be given effect without the invalid provision or 322 application, and, to this end, the provisions of this Resolution are 323 severable. 324 325 INTRODUCED, READ, AND APPROVED, as amended, by the Town 326 Council of the Town of Snowmass Village on November 2, 2009, upon a 327 motion by Council Member the second of 328 Council Member and upon a vote of _ in 329 favor and _ opposed. 330 331 TOWN OF SNOWMASS VILLAGE 332 333 334 335 Bill Boineau, Mayor 336 337 338 ATTEST: 339 340 341 342 Rhonda B. Coxon, Town Clerk 343 344 345 APPROVED AS TO FORM: 346 347 348 349 John C. Dresser, Jr., Town Attorney 350 351 352 353 354 355 356 Referenced Exhibits attached: 357 Exhibit "A" — Land Use and Development Parameters 8 358 Exhibit "B" — Project information and selected drawings/plans 359 Exhibit "C" —Town Departments and Referral Agency review comments 360 361 362 9 Exhibit "A" Planning Commission Resolution No. 09-16 Page 1 of 4 Aspen School District Employee Housing Project Land Use and Development Parameters PROJECT OVERVIEW Legal Description: Generally described as Lot 1, Parcel 6, Filing No. 1, The Snowmass Club Subdivision, excluding a 0.155 acre portion platted as part of Anderson Ranch. Also part of Parcel 14 of the Snowmass Club PUD. Site area: 0.87 acre or 37,932 SF. Dwellings: 15 employee housing units. Unit Mix:Seven 1-bedroom units averaging 755 s.f. in size; six 2-bedroom units averaging 945 s.f.; and two 3-bedroom units averaging 1,337 s.f. in size. Bedrooms: 24 Parking:32 provided (36 required if zoned MF at 1.5 spaces per bedroom) Density: 17.25 DU/acre proposed; However, it is unclear whether there is future buildout density proposed in the basement levels of Buildings B and C. Per existing PUD,the existing density is 2.3 DU/acre. Floor Area: Per application, heated and storage spaces totals 16,891 SF and unheated space totals 3,076 SF. Total Calculable Floor Area (per Municipal Code—per plans dated 08-17-09): Building A: 4,677 SF total calculable floor area including units, storage areas and the stairway on 1" floor level; Exempt spaces are decks per 12% rule, mechanical rooms and stairs on upper levels. Building B: 6,889 SF total calculable floor area including units, storage areas and the stairway on 1"floor level, plus the 'TBD' area of 1,611 SF with separate entries and over 5'-6" clearance in the basement level; Exempt spaces are decks, mechanical rooms and stairs on upper levels. Building C: 5,955 SF total calculable floor area including units, storage areas and the stairway on 1' floor level; Exempt spaces are decks, mechanical rooms and stairs on upper levels, Including crawl space on lower level if under 5'-6". Total: 17,521 SF (calculable floor area) Exhibit "A" Planning Commission Resolution No. 09-16 Page 2 of 4 FAR: 0.46:1 (per the calculable floor area): 0.39:1 per application; 0.75:1 if zoned MF Building Coverage: 8,712 SF or 0.2 acre per the existing PUD; Not accounted for in the application Maximum Height: Maximum 32 feet per the existing PUD; Height variation not noted in application to exceed 32 feet; There would be a 38 feet maximum if property were zoned 'MF,'but it does not exist. Minimum Lot Area: Minimum of 30,500 SF required 'if zoned MF; The lot is 37,932 SF in size. Minimum Lot Area Calculations: Lot Size: 0.87 Acre 37,897.2 S.F. Minimum Lot Area: 3,000 S.F. 1st Bedroom:22,500 S.F. 10 Additional Bedrooms: 5,000 S.F. TOTAL Min.Lot Area Required: 30,500 S.F. Meets Minimum Lot Area Requirement CURRENT'PUD' ZONING The current underlying zoning for the parcel is "PUD" Planned Unit Development ("PUD"). It is actually a portion of Parcel 14 according to the Snowmass Club PUD Land Use Plan Map. The zoning parameters established for that parcel include: Permitted Use: Cultural Facilities/Professional Offices Permitted Building Square Footage: 13,000 sq. ft. Maximum Building Height: 32 feet above natural grade Maximum Building Coverage: 0.20 Acres Residential is not a use permitted by the existing PUD standards. The project exceeds the 32 foot height limit specified in the Snowmass Club PUD for this parcel. Clan of ftmd Land Vase Kill 18/ 11/ 09 p" Oposed Land[ Ile%= S2Bi OM Creek Rd.. Land the: Lad Coverage SF Open Space jITp! n: LQ4 Residential 0. 871 100% 1 37, 8971 321 Inc. 2 ADA I 31, 406 83% 1 is, 3361 4156 Dwelling Urdu Build) S.F. I.Basemena Unro Bedrooms SF: i bed 0146ed SF: Z bed aZ- bed SF: 3 bed a 34md SF: Sub- Tctal SF. unheated Su0d1 A: 34' B' 4, 742 out 4 7 1, 596 2 921 1 1, 139 1 3, 656 802/ 4, 410 BWldin 0: 37'- 10' 6, 758 ent 6 9 2172 3 2766 3 0 D 4, 938 1, 11115, 770 BWIEing C: 36'9' 5, 569 5 8 1, 443 2 2, 887 3 0 0 4, 330 1, 163/ 4, 988 Totals 17, 069 5 Z4 5, 211 7 6574 7 1, 139 1 12, 924 3, 076/ 15, 168 FARCakWatlans TMISF POW FAR SF Accessible Units Units 12, 924 12924 1 T A Decks, W. Stain 3, 075 369 3 Type 8 Includes Storage and Mechanical Storage/ Mechanical 2, 244 5% 112. 2 Total SFI 18, 243 13, 405 ZF sq s' Z,. hw Anaryals• e Allowed, Max. Allowable SF 28, 449 SF 790- Based on a comparison with Lot Area Any MF zoning which seems Wbe FAR 0. 75: 1 the most similar zoning to use Max. Height 38' as the framework for a PUD Required parking 36 Mln. Side Yard Setback TBD Min. Front Yard Setback TED Wm. Rear Yard Setback TED Min. tot Width 50' S' Building foot rint b6, 491 s.f. Min. Open Space 25% Max. Hel ht Access. Bldg. IB' 10' Reflects wrrent setback of existing buildings C CID O r Q Oa E Z 0 cg c " m L = m K c oCL W w o a ¢ i UNIT EQUIVALENCY( UE) ASPEN SCHOOL DIS7pICf UETURE SF: I BED UE RL- D SUBTOTAL SF: 2 BED UE M23E0 me- TOTAL SF: 3 BED UE R3 RED SU& TOTAL TOTAL LIE FOR I BED UEFOR2- BED UEFOR3 RED UE URdNGA 1, 596 0.75 2 L 921 0.5 0.5 1, 139 055 1 0. 2.5 IEDING B 2, 172 135 3 2. 766 215 6.75 0 a 0 10. BUILDINGS iµ 3 0.7 2 2, 667 2.5 7.S a a 0 9 OPALS 5, 211 7 6. 6, 574 M75 1, 239 1 amg 22. C 0 Oa d7 Q o V E z O a0000tC cca K c o W m m a ¢ Exhibit "B" Planning Commission Resolution No. O9-16 SELECTED PLANS AND DRAWINGS ASPEN SCHOOL DISTRICT EMPLOYEE HOUSING I I LUPPFNf E6T NfP VIFNOIR ERelmm, DIBflNCEWMW!i w EEEDrmc FAIRWAY tr.. THREE TOWNHOM 1 1 1 CUM)E 1 ANDERSON RANCH 11 1 1 v-r --- IpWR4fER7 . pwl Greek Road ASD AFFORDABLE HOUSING 5131 OWL CREEK ROAD, SNOWMASS VILLAGE, CO SITE PLAN 9.30.09 MH sw[:r,ro.r I 1 I III// lWilt1',1 r 1 l \ I , I111 i 71 11 / 1 \/ I / UI'p\ l I / 1 \ l u h 1111j11.— \ i .f 1 Q11j111\III \ I\\O \\ \\\\ iii/ OO I 1 I / ' J r// 1 _ l Il; lllliiiiill/.1 a IUY it 11 I mill dill lr`-1 l I r II 11 I Irr i naYY458Rtotttt8 I[SdS Y y stp yp @ F H7 3g 0 6Q} I g g gg g p yz E e5 i6•ee66 6 ea8 e a4 s d $ e '6 E i6 0 jj yy i eaasfy B pa i d D E ASPEN SCHOOL DISTRICT NO. 1 EMPLOYEE HOUSING 5131 OWL CREEK ROAD SNOIWAASS VILLAGE,COLORADO 81815 I ROOF HEIGHT CALCULATIONS IWABIOW BLDC4Fi6T PROPOSED PROPOSED .80STM E70STM KEY SRO) GRADE GRADE GRADE GRADE Al 8188.10 8153.50 34AG 8155.50 32.60 A2 8182.50 8158.00 24.50 8159.00 23.50 A3 8174.50. 8162.13 12.37 8168.44 16.06 A4 8188.10 8164.00 24.10 8156.00 32.10 A6 I 818529 1 8153.50 31.78 11 . 8153.70 31.69 81 8187.77 8158.00 29.77 8151.50 3821 82 8189.83 8168:13 33.70 8153.00 38.83 ED 8189.83 815813 33.70 815200 37.83 84 8187.77 815333 34,44 8150.88 36.88 B5 8184.77 8151.48 33.11 8163.60 31.17 00 8184.16 815025 33.81 8152.61 31.55 .,. 87 8189.83 8162.50 37.33 8153.40 36.43 E38 8189.83 8152.00 37.83 8152.00 3783 C1 819127 8154.50 36.77 8150.06 3521 C2 .8186.89 8155.30 31A9 8152.70 34.19 C3 6173.33 8162.42 20.91 8151:51 2132 C4 8185.35 8152.42 32.93 8151.35 34.00 05 8188.56. 8158.92 31.64 8454`.10 . 34A6 . CS- ., 8191.27 8157.17 34.10 8156.96 34.32 . C7 8185.35 8150.83 34.72 8154.00 31.35 C8 8170.86 8150.83 20.22 8151.47 1 1838 Exhibit "C" Planning Commission Resolution No. 09-16 TOWN DEPARTMENTS AND REFERRAL AGENCY REVIEW COMMENTS ASPEN SCHOOL DISTRICT EMPLOYEE HOUSING MEMO To: Chris Conrad,Planning Director Fro nr David Peolder,Transportation Director Date: September 21,2009 Re: Aspen School District Employee Housing As I have noted in the past the incremental development In this area gives me concern.My comments on previous applications express the same Issue. I wish that a comprehensive look at the potential development of the parcels In this area could be determined, so that the transit infrastructure could be planned oMprehensively. The expansion of the residential units (the school district application, the proposed expansion of the Fire Department employee housing,and the potential for Anderson ranch to expand housing or redevelop entlrely)in the area will put pressure on the bus service to make stops on the opposite side of Owl Creek road.The demand will be from residents coming back for the MaNBase Village, the pharmacy/grocery store, visiting friends in other employee housing units, and/or getting access to the ski slopes from Two Creeks portal. The problem is that the Base Village Bulld-Out Traffic Projections, Figure 10, projects the volume on Owl Creek road to roach 4,700 Daily Traffic Volume (DM, it Is a safety recommendation for transit stops to be made off the road once the DTV is greater than 4,000.We will be asked to make pick ups and drop offs on the south side of Owl Creek road for the reasons noted above.We will be looking to agrhsolis*a stop somewhere along the road aor=form the Fire House,or at Meadow(larch across for Faimay Three. There are bus stops on the golf course side of the road In both locations today. There will be significant demand for stops at both locations because of the different access points and activities served. I would recommend that some attempt to reach agreement between the users on what would work best for all parties conoemed,and a cost sharing agreement be proposed to construction the stops that are deemed necessary. Below are quotes from my previous memos on the parkingMansit issues for this area. June 9,2009-Snowmass Chapel Parking Amendment As I have said before, the three organizations collectively should share their future visions on re)development and programming to ensure that the infrastructure will be adequate to support all the final uses. Future demand for access is a real concern.Just as a new proposed use for the overflow parking lot(the reason for this amendment to the parking plan)has changed the current parking plan, so to will growth in successful programming and the expanding of facilities will also create additional demands for parking m the future. If the Town had a better understanding of the future development around the parking lot,it would help the decision making tremendously.However,such a process may not be practical or an element of this land use review.As shown In the Final Planned Unit Development Plan and PUD Guide there are roughly 103 parking spaces proposed,with some 12 additional spaces available along the eastern boundary. I understand then that the total parking on the site will be 115 spaces. Page 1 December 16, 1997-Addition of Employee Units at the Firehouse There has been incremental development in this area over the years. Anderson Ranch has constantly been adding class rooms and housing units. The commercial buildings adjacent to Anderson Ranch have recently been remodeled.The Snowmass Chapel was constructed in the early 1990's and is now expanding. The Fairway III employee housing project was consttoted in the early 1990's.The firehouse expanded their building and housing in the mid 1980's.In addition to the development at this location,Fox Run subdivision was developed in the mid 1980's, the Two Creeks ski area portal opened in the early 1990's, and the Two Creeks/Pines subdivisions where approved in the early 1990's. All of these developments in and of themselves are not a significant impact to transit services, but I would suggest that collectively they are having an impact. Page 2 O-Wtiif§ D - e Memo To:Chris Conrad From: Joe Coffey Date: September 22,2009 Re: Aspen School District Employee HouskV Chris, 1 do have some concerns and recommendations for the Aspen School District Employee Housing.I have listed these below and please feel free to contact me If you need more Information. The parking rado appears to be 124 per bedroom or 31 spaces for 25 bedrooms.This will leave six spots for visllors If each bedroom has a car.My experience with one bedroom units Is that most of the one bedroom units will have two care because they are usually occupied by two people.Snow storage can also take up a few spots unless there Is a snow storage area.To prevent overflow parking this parking lot may requlre additional management time. The plans show 11 storage closets for 15 units.I suggest that the storage closets are reduced in size or redesigned to create 15 storage closets or one for each unit 1 am not sure if each unit has a washer and dryer hook-up.This will necessary since there is not a common laundry room. Is the dumpster shed sized appropriately for both trash and recycling bins? Energy Efficiency I am sure the School District Is probably considering some of the following Items but i wanted to make sure these Items are diseased. Use Energy Star rated appliances Dual-flush toilets High efficiency bollem 996 or higher Programmable setback thermostats Energy star rated light fixtures Solar panels to assist with the hot water heating or domestic hot water supply Photovoltaic panels for reducing electric consumption Heat tapes regulated with time docks loynene Foam insulation or a high R-value Insulation for walls,floors and ceilings Sustainabiiity Use of Cement board or composite board siding and trim Energy efficient doors and windows(Low—E glass) 40 year or greater fife roofing materials Recyded carpet and pad Trex or a similar recycled product for decks and walkways Steel grates and stairs greatly reduce snow removal time low—Voc palms and finishes Page 2 MEMORANDUM SCRMUESER 190ReeR I MEYER TO: Chris Conrad, Town of Snowmass Village Dean Gordon,SGM FROM: Lee Barger,SGM DATE: September 24,2009 SUBJ.- Project#91004E.024 Traffic Review Aspen School District Phase H I reviewed Section VI of the Engineering Report for the Aspen School District Phase II redevelopment on Owl Creek Road and have the following continents, 1. I am comfortable with the methodology used for the trip generation calculations. I would have preferred to see existing counts from the site rather than ITE computations for office space,but that will suffice. 2. Summary bullet #1 is a little misleading. The change in use reduces the traffic generated by the parcel by 56%. it does not reduce the traffic at the Brush Creek/Owl Creek intersection by 56°/a as the statement implies. The net reduction in trips at the intersection is 5 trips in the AM and PM peaks. 3. Summary bullets #2 and #3 discuss planned shuttle services to serve school district employees reducing trips, but there is no guarantee that the residents will be employees. Furthermore, each unit may have a roommate/spouse who works elsewhere. Can improvements be made to allow safer pedestrian access to the adjacent transit stops on Owl Creep 4. The parking space requirement appears to be exceeded by 8 spaces with this project(33 spaces for 25 bedrooms). 5. Although this is an existing site, I would like to check the sight triangles at the access point to be sure that the evergreen and aspen trees lining the north side of Owl Creek Road, west of the site,do not obstruct the views to the west. The site driveway should provide at least 300 feet of clear sight lines to the east and west along Owl Creek Road. 118 W.6°Street.Suite 200 Schmumer Gordan Meyer,Im 970)945•!009 Glenwood Springs,CO 81601 970)945.5948 FAX MEMORANDUM DATE: September 21,2009 TO: Chris Conrad, Planner Director cconradMtosv.com FROM: Dean Gordon, Town Engineer Richard Goulding RE: Aspen School District Employee Housing ( 5131 Owl Creek Road) Please find, herein, my comments on the above-referenced application. The comments are based on the submission,dated August 27, 2009,as well as the supplemental Information dated,September 11, 2009. At this point, SGM has the following comments with regard to the engineering report, civil sheets C1-C3 and the landscape drawings: Cl: An existing 36'culvert that connects to the Owl Creek's roadside ditch is shown not t0,halve bend in it. From observations on a field visit this does appear to be the case. The applicant should confirm exactly what Is happening within the culvert as it would be used to collect onsite drainage if the current parking lot grading Is to remain. C2: Basin 1 is draining off the site towards a neighboring structure that has a depressed patio. This could be a flooding problem. The applicant should consider a way to mitigate this. C2: The contours in Basin 1 on the West side do appear to tie back to the existing terrain. A retaining wall is shown on L-1 but the grading plan should contain all such Information. Spot elevation for all curbs and flatwork should be shown on later submission as well as horizontal control. C2: Is it the Intent of the design to maintain the grades already In the upper parking lot that spills runoff Into the road side ditch? C2: The existing offsite ditch along the Eastern properly line Is very shallow in sections. Since the project is Intending to use this as a conveyance for onsite runoff to Brush Creek, 1 think it would be good practice to calculate the upstream runoff and combine It with what the Aspen School District site will add in order to ensure the ditch In it present condition has sufficient capacity. A failure in this ditch could lead to flooding of the adjacent homes. The drainage report uses a value of 2.17 inches/hours and 4.35 inches/hours, respectively,for the rainfall intensity of 5 and 100 year events. This seems to be quite low. Please confirm where these values where obtained or calculated from. This will Impact the amount of storage required to maintain historical rates of runoff. IIIWJWID C1EPM 24.Amen BOW ptsYIG1+621A9memo lu wrlo0 E44 The drainage report showed the storage capacity required for each basin. Please indicate, on the site plan,where the runoff is to be stored. The way It is graded right now, runoff is leaving the site from all basins onto the neighboring properties. C3: Does the applicant have the ability to grant an easement for the new W sanitary sewer on the neighboring property? C3: There are no shallow utilities shown in this submission. Please show their location at the next submission. is a geotechnlcal report going to become available for review to define grading recommendation, ability of soil to percolate water, pavement design recommendations among other items? Please indicate, on the plans,where the applicant is Intending to store snow plowed from the parking lots. RBG- I.d19%19=gL .w 24.AVM Shop 0001p1-00mpwnwvd.W: MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: November 2, 2009 meeting SUBJECT:PUBLIC HEARING: STONEBRIDGE CONDOMINIUMS MINOR AMENDMENT TO A FINAL PUD APPLICANT: Stonebridge Condominiums REPRESENTATIVE: Steve Vandel, Guy & Associates I.PURPOSE. Staff is requesting that the public hearing for this item that was published in the October 14, 2009 issue of the Snowmass Sun for the November 2, 2009 meeting be continued to the November 16, 2009 agenda at minimum or that the item be re- scheduled for purposes of preparing new public hearing notices. The planner that was assigned this application is no longer with the Town, and remaining staff request additional time to review and better understand the application prior to presenting it before the Town Council along with the Planning Commission recommendations. II. APPLICATION REGULATIONS. The public hearing notice for this item was published in the Snowmass Sun on October 14, 2009. As of the time of this report, staff was attempting to determine if the mailing and posting of the hearing notice was completed by the applicant, including the execution of the required affidavits. SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING 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: November 2, 2009 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Council Chambers 130 Kearns Road, New Town Hall, 1" Floor Snowmass Village, CO WHY: To receive public comment on an Minor PUD Amendment application submitted by Slonebridge Condominium Association, Inc. Applicant is seeking to: 1) demolish the existing 1,937 sf, 18'-2" tall pool building that includes a 2-bedroom employee rental unit and redevelop a new, 4,574 sf, 28'-4" high fitness center that contains two (2), 1-bedroom employee rental units ; 2) renovate the pool deck area; 3) construct a new ski storage room attached to the 600 Building; and 4) establish a pedestrian walkway connection to Base Village. Town Council will consider First Reading of the Ordinance on October 19, 2009; the public hearing will occur at Second Reading of the Ordinance on November 2, 2009. CODE: Application will be processed pursuant to the Town of Snowmass Village Municipal Code, Section 16A-5-390, Amendment of Final PUD. INFO: Additional information regarding the proposal is available for inspection at the 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 Council packet, submissions must be made one week prior to the public hearing to the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attn: Bob Nevins, Planner Telephone: (970) 923-3777 Internet Access to Council email: http://www.tosv.com Citizen Feedback Hotline: (970) 922-6727 or clerkptosv.com Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on October 14, 2009. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: November 2, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING: Snowmass Club Employee Housing Minor PUD Amendment The application is being processed pursuant to Municipal Code Section 16A-5-390, Amendment of Final PUD, proposing a seasonal housing unit on the second level of the existing Snowmass Club building located on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision. 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. Purpose: a. The purpose of the meeting would be to review the first reading of attached Ordinance No. 14, Series of 2009, and the accompanying exhibits, including the proposed Bargain and Sale Deed and the Employee Housing Restrictive Covenant provided by the Applicant pursuant to discussion at the Town Council meeting on October 5, 2009; and b. Re-open the hearing and consider comments from the public; and Action: Approve, approved with conditions, or deny the first reading of the ordinance, which may be amended at the meeting. II. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Correspondence dated October 26, 2009 regarding applicant comments on the draft ordinance (Note: Staff did not change the draft language as requested by the applicant; staff plans to visit the site to better understand their parking issues prior to the meeting, time permitting); and Ordinance No. 14, Series of 2009, with referenced exhibits that include: a) Exhibit A—vicinity maps; b) Exhibit B— Updated land use and development parameters for Lot 1, Parcel 4; c) Exhibit C — Floor plan and/or building elevations of employee housing unit and the storage to office conversion; d) Exhibit D — Bargain and Sale Deed; and e) Exhibit E — Employee Housing Restrictive Covenant. I Separate Handout: Applicant's supplemental packages that also includes the agreements plus correspondence and plans showing conceptual parking locations and related photograph. III. NEXT STEPS Continue the public hearing to the next meeting to consider the second reading of the ordinance. 2 Email 10-26-09 Don Schuster Snowmass Club / Aspen Skiing Company Jim, sorry that I didn't get you any comments before 10 today; My only thoughts that I would like to discuss with council is that we believe we can only realistically find 3 parking spaces without impacting landscaped areas and I thought the last I heard was that the credits would not just be applicable tow the Elk Camp restaurant but to any future need. Don Donald M Schuster Vice President Real Estate Development Aspen Skiing Company PO Box 1248 Aspen, Co 81612 970-923-8752 office 970-379-2427 mobile 970-923-9617 fax Original Message----- From: Jim Wahlstrom [mailto:jwahlstrom @tosv.com] Sent: Friday, October 23, 2009 3:51 PM To: Dalla Betta, Dana; Schuster, Don; Chris Conrad; John Dresser Subject: S'mass Club Emp Housing Attached is a draft of Ordinance No. 09-14 and the referenced exhibits, including the Bargain and Sale Deed and the Employee Housing Restrictive Covenant scheduled for TC review on 11/2. Any comments? I would need in hand no later than 10:00 AM, Monday, 10/26. The packet is due to Town Clerk that day. Jim I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 14 5 SERIES OF 2009 6 7 AN ORDINANCE APPROVING THE SNOWMASS CLUB EMPLOYEE 8 HOUSING MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT. 9 10 WHEREAS, in April 2000 via Ordinance No. 3, Series of 2000, Town 11 Council approved the Final PUD for the Snowmass Club Phase I project, which 12 included demolition of the previous 76 room lodge for 30 fractional condominium 13 units on Lot 2, Parcel 4 in addition with expansion of the Club floor area to 14 55,998 square feet that includes the athletic club, retail, restaurant, meeting and 15 public space on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision together 16 with demolition, relocation and expansion of the golf course maintenance facility, 17 the provision of up to 500 parking spaces on Parcels 4 and 10, and 61 new 18 employee housing units housing up to 154 bedrooms, known as Club Commons 19 1 on Parcel 12; and 20 21 WHEREAS, in April 2002 via Ordinance No. 3, Series of 2002, Town 22 Council granted approval to the Snowmass Club Phase II Final PUD that 23 included building 21 fractional condominium units in two buildings on Lot 3, 24 Parcel 4 as well as a new tennis structure and reconfiguration of on-site parking 25 on Lot 1, Parcel 4 of the Snowmass Club Phases I and II Re-plat, which proposal 26 also included redevelopment of the golf course and replacement clubhouse on 27 Parcel 10, Brush Creek stream restoration and new trail connections; and 28 29 WHEREAS, the Aspen Skiing Company, sole member and manager of the 30 Snowmass Club Associates, LLC ("Applicant") initially submitted on May 12, 2009 31 a Minor PUD Amendment dated May 11 , 2009 that was deemed complete as of 32 May 26, 2009 for referral and review purposes, which application proposes 33 adding an approximate 2,872 square foot 10-bedroom dormitory style, seasonal 34 employee housing unit with common area on the existing second level exterior 35 deck space above the Club building's loading and service area, which is next to 36 the tennis structure, together with a requested mitigation credit of 2,373 square 37 feet, plus expanding the dining/locker room facilities by 511 square feet for the 38 existing employees and converting an approximate 672 square foot storage 39 room on the same level to an office; and 40 41 WHEREAS, the Planning Commission reviewed the application on July 1, 42 2009, and on July 15, 2009 passed Resolution No. 12, Series of 2009, making 43 its recommendations to the Town Council; and 44 45 WHEREAS, the public hearing notice was published in the Snowmass 46 Sun on July 29, 2009 for the initial Town Council meeting on August 17, 2009 to TC Ord 09-14 Page 2 of 7 47 hear a presentation of the proposal by the Applicant, consider Town staff and 48 Planning Commission recommendations and public comments along with the 49 application review, and subsequently, the public hearing was continued to 50 October 5 and then to November 2, 2009; and 51 52 WHEREAS, the application was reviewed and processed in accordance 53 with the provisions outlined in Sections 16A-5-390 of the Municipal Code. 54 55 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the 56 Town of Snowmass Village, as follows: 57 58 Section One: Findings and Recommendations. The Town Council hereby 59 finds that: 60 61 General Findings — 62 63 1) The submission requirements for the application were adequately 64 provided pursuant to Sections 16A-5-40 and 390 of the Municipal Code 65 and included written and graphic materials in sufficient detail to deem the 66 application complete for review. 67 68 2) The application does not appear to conflict with other goals, objectives 69 and policies of the Comprehensive Plan adopted by Ordinance No. 22, 70 Series of 1999, in that: 71 72 a) It would help to encourage and support a variety of affordable housing 73 types, sizes and price ranges to serve the needs of all employees; 74 b) It would provide seasonal housing as intended to be available to 75 single-season employees; 76 c) It would integrate employee units into an existing Town neighborhood; 77 d) It would integrate employee housing into commercial development 78 located in close proximity to services and jobs; 79 e) It would be consistent with the policy of not giving "credits" in-lieu of 80 actual housing units to satisfy development mitigation requirements; 81 and 82 f) It encourages employers to construct or acquire their own employee 83 housing. 84 85 Architectural Building Design — 86 87 3) According to Section 16A-4-340, 'Building design auildelines to improve 88 community character,' the proposed second level employee unit addition 89 above the loading dock on the east side of the Club building and next the 90 tennis structure is discreet and would not noticeably increase the scale 91 and mass of the Club building as a whole as viewed from surrounding 92 buildings and public ways, and the building elevations and exterior TC Ord 09-14 Page 3 of 7 93 finishes for the proposed unit addition acceptably demonstrates 94 compatibility of design with the main Club building. 95 96 Off-Street Parking — 97 98 4) In accordance with Section 16A-4-310, 'Off-street parking standards,' in 99 the alternative parking section of the Municipal Code, the existing parking 100 facilities on the site are already constrained as far as meeting the parking 101 demands. The new employee unit with 10-bedrooms, despite the 102 Applicant restricting residents in this unit to not having vehicles by lease 103 agreement, could increase the level of activities, guest or visitor arrivals to 104 the site. 105 106 Employee Housing — 107 108 5) Pursuant to Section 16A-5-410, Restricted housing requirements, of the 109 Municipal Code, the proposed unit of 2,872 square feet, includes the 10 110 bedrooms, bathrooms and unit common area, but does not include the 111 changes to the employee dining room involving 511 square feet of area. 112 The combination of the living and common areas in the unit average to 113 287 square feet per employee, thus satisfactorily fulfilling the minimum 114 seasonal housing square footage of 224 square feet for private and 115 common living space. 116 117 6) According to the 1999 Phase I Snowmass Club applications, the proposed 118 improvements at that time would not generate employees which were 119 additional to those that operated the Club in 1999, despite that fact that 120 the Club facilities increased from 41,029 to 55,998 square feet for the 121 athletic club, retail, restaurant, meeting and public space. Therefore, the 122 672 square foot conversion from storage to office space that would 123 generate an employee housing requirement of 499 square feet (e.g., 672 124 SF x 3.68/1,000 SF x 448 x 0.45%) shall be debited from the requested 125 2,872 square foot housing credit. Therefore, in accordance to the 126 Municipal Code methods for calculating required employee housing, the 127 Applicant shall not receive credit for previously locating the existing office 128 space in the Capital conference room, as is now proposed to be relocated 129 in the converted storage space, as that office usage was not previously 130 mitigated or accounted for in 1999. In a supplement dated September 15, 131 2009, the Applicant amended their application to debit the employee 132 housing requirement of 499 square feet for the conversion of the storage 133 space to office and lessened the requested amount of housing mitigation 134 credit to 2,373 square feet, which is acceptable. 135 136 7) According to Section 16A-4-420(2)c, 'Other means' and subsection 2, 137 Land for credits,' of the Municipal Code, the Town Council, at its sole 138 discretion, may grant to the developer employee housing credits in TC Ord 09-14 Page 4 of 7 139 exchange for developable land. Considering such standard, the Applicant 140 represented that they had no need for such employee housing to meet the 141 demands of the Club at this time, and the Applicant requests building the 142 employee housing with the intent to occupy it depending on the demand 143 elsewhere or until new development is proposed, reviewed, approved and 144 built, which arrangement is acceptable subject to the operational 145 restrictions in the attached Exhibit "E" of the Employee Housing 146 Restrictive Covenant. 147 148 Other Core Issues — 149 150 8) The Construction Management Plan appears satisfactory and adequately 151 complies with Ordinance No. 12, Series of 2007. 152 153 9) The proposed application qualifies as a `Minor Amendment' pursuant to 154 Code Section 16A-5-390(1)b, meaning a one-step review before the 155 Planning Commission and the Town Council, and the amendment 156 satisfactorily complies with the review standards outlined below per 157 Section 16A-5-390(3) as follows: 158 159 a) The proposed amendment is consistent with, or an enhancement of, 160 the original PUD approval; 161 b) The proposed amendment does not have a substantially adverse 162 effect on the neighborhood surrounding the land where the 163 amendment is proposed, nor has a substantially adverse impact on the 164 enjoyment of land abutting upon or across the street from the subject 165 property; 166 c) The proposed amendment would not change the basic character of 167 the PUD or surrounding areas; and 168 d) The proposed amendment acceptably complies with the other 169 applicable standards of this Division 3, Planned Unit Development, 170 including but not limited to Section 16A-5-300(c), General Restrictions, 171 and Section 16A-5-310, Review Standards. 172 173 Section Two: Action. The Town Council hereby grants the approval of the Minor 174 PUD Amendment, subject to compliance with or implementation of the conditions 175 in Section Three of this ordinance. 176 177 Section Three: Conditions. The Town Council makes the following conditions 178 for the Applicant to comply with or implement: 179 180 1) The Applicant shall provide an enhanced parking plan that identifies and 181 includes the addition and installation of a minimum five (5) new parking 182 spaces proximate to the Club prior to an issuance of a Certificate of 183 Occupancy for the new employee dwelling unit. 184 TC Ord 09-14 Page 5 of 7 185 2) The residents of the new employee dormitory-style dwelling unit shall not 186 be eligible to obtain resident parking permits for the Town public parking 187 lots per the meaning of Section 8-25(1) of the Municipal Code, with the 188 further the understanding that the Applicant would restrict residents in this 189 unit to not having vehicles by lease agreement. 190 191 3) The housing credit of 2,373 square feet shall be assigned solely to the 192 future planned redevelopment of the Elk Camp Restaurant, as was 193 previously suggested by the Applicant. 194 195 4) If the housing is not fully occupied, the Town shall have the ability to fill 196 unoccupied bedrooms to any qualified Snowmass Village employee on a 197 seasonal basis, as more specifically explained in the Employee Housirig 198 Restrictive Covenant in attached Exhibit "E." 199 200 5) As offered by the Applicant, the Applicant shall complete and execute the 201 following agreement and covenant, and on behalf of the Town and prior to 202 execution by a Town official(s), the Town Attorney shall review the 203 following agreement and covenant for acceptable form and content, for 204 recording purposes at the Applicant's expense following final execution: 205 206 a) Bargain and Sale Deed, with its referenced exhibits; and 207 b) Employee Housing Restrictive Covenant 208 209 6) The Applicant shall complete all actions or matters, which in the opinion of 210 the Planning Director and the Town Attorney, are necessary to satisfy or 211 dispense with the completion, execution and/or recording of all 212 documents, including the agreement and covenant, necessary to 213 implement the conditions of this Ordinance and the requirements of the 214 Municipal Code, prior to the issuance of a building permit or a Certificate 215 of Occupancy, depending on which is more applicable. Should 216 disagreements arise that cannot be resolved between Town Staff and the 217 Applicant, the matter shall be referred to the Town Council for final 218 direction and/or determination. 219 220 7) Following execution, this ordinance and its exhibits shall be recorded, at 221 the Applicant's expense, with the Pitkin County Clerk and Recorder. 222 223 8) Under the direction of the Planning Director, periodic reviews in the field of 224 the construction details associated with the project shall occur as 225 reasonably necessary to determine compliance with the design character 226 standards specified within the PUD approval. The Applicant shall make 227 field adjustments if such adjustments are determined by the Planning 228 Director to be necessary to comply with the PUD Amendment. The 229 Planning Director may refer matters of this type to the Town Council for TC Ord 09-14 Page 6 of 7 230 direction as necessary to ensure consistency with the representations 231 made by the Applicant during the PUD review process. 232 233 9) Certain refinements, modifications, or amendments to the Construction 234 Management Plan may be required by the Town in response to impacts, 235 complaints or concerns which were not apparent at the time application 236 was made. In addition, the Applicant may find it necessary to notify the 237 Snowmass Village Planning Department of necessary additions, 238 modifications, or amendments to the plan during the course of 239 construction. The changes may be permitted with written approval of the 240 Planning Director, who may refer the matter to the Town Council for final 241 determination. 242 243 Section Four: Severability. If any provision of this Ordinance or application 244 hereof to any person or circumstance is held invalid, the invalidity shall not affect 245 any other provision or application of this Ordinance which can be given effect 246 without the invalid provision or application, and, to this end, the provisions of this 247 Ordinance are severable. 248 249 Section Five: Enforcement. Obligations herein this Ordinance shall be binding 250 on the Applicant, its affiliates, successors and assigns. 251 252 INTRODUCED, READ, AND APPROVED on First Reading by the Town 253 Council of the Town of Snowmass Village, Colorado on this 2nd day of November 254 2009, upon a motion made by Council Member and the second by 255 Council Member upon a vote of in favor and opposed. 256 257 READ, APPROVED AND ADOPTED on Second Reading by the Town 258 Council of the Town of Snowmass Village, Colorado on this 16th day of 259 November 2009, upon a motion made by Council Member and the 260 second by Council Member upon a vote of in favor and 261 opposed. 262 263 TOWN OF SNOWMASS VILLAGE 264 265 266 267 Bill Boineau, Mayor 268 269 ATTEST: 270 271 272 273 Donna J. Garcia-Spaulding, CMC 274 Deputy Town Clerk 275 TC Ord 09-14 Page 7 of 7 276 APPROVED AS TO FORM: 277 278 279 280 John C. Dresser, Jr., Town Attorney 281 282 283 Attached Exhibits or proposed for insertion or reference thereof 284 285 Exhibits to Ordinance No. 14, Series of 2009, incorporated herein: 286 Exhibit "A" — Vicinity maps 287 Exhibit "B" — Development parameters 288 Exhibit "C — Selected drawings from the application 289 Exhibit "D" — Bargain and Sale Deed with its exhibits 290 Exhibit "E" — Employee Housing Restrictive Covenant 291 292 293 EXHIBIT "A" Town Council Ordinance No. 14, Series of 2009 Page 1 of 3 SWSD r T Property K Tetmis 8uliding 4 Location for proposeii employee Inium Phase I f dormifory style unit condom units Phase II fractional units Snowiness Club j,Y i jJ'A 20' sNOlwASS EXHIBIT "A" WATER AM M a WWT JEASMdr"°"7MMW2nPAGE Town Council Ordinance No. 14, Series of 2009 Page 2 of 3 mar PRINT of, B£Gyww G LOT S r Ny$ `` [ Y{ N PAGE 53 LOT a 3 I bC; I7EA=/.378 AC f W4K PACE 1107 y ASS NSA EI.EGIRTVC FA54lFNTj/ Yt' WATER AHD SANITATION 6008 273, PAGR 776 tIL ` RECOROEA O PLAT r WATER AND1 S NRTATICr 7i 34 ow 4OS sa J 1 asTRcr , PACErgr BOOR 265. PAGE 353 WROMft 11,41 2J. 1 1 I i am' 6NOMYAiB 1 1M MINT ow LU ft1A 779 i 2TELEPHONEC E SC*1TAV T , ; 38 MOT SNOWLASS PER'RECLROED PLAT f i WATER AND SMOTATIONN Os WTTEEASEMEN773 TO 6 pAD q PER tYi j Sm 3 1U 3W0 IE R SOT -- C I RCl E 15 or PA.ATSH cREEa y N00°83 PER RECORDED PLATT L-27/.05' LIWT Or MW R l42S.0D' 1.00 YEAR FLOOFrOLWOSENT N 3 RMARR C-37'2100 n i BRUSM WC) 04 CNrS802846 W PER RECORDED i LLLFFF 272.17' n r t0' Gf11"eRAL L & V'RLIIY EASEMI Lm279.32' EXHIBIT "A" Town Council i Ordinance No. 14, Series of 2009 m Page 3 of 3 I i N i TOTAL FAA=4 OM WAO4 IG4f,av fC1%1 I I p LLLJJJ r hir 2y 1 .e.:/ 7 M 0. 11 i Th ' l\ V \ @( gyp, 1! rte. 11-T Y ) EXHIBIT "B" Town Council Ordinance No. 14, Series of 2009 Page 1 of 3 Summary of the proposed changes Snowmass Club Employee housing Minor PUD Amendment 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, requiring 499 square feet of employee housing. Housing mitigation credit granted for 2,373 square feet, assigned to the future Elk Camp Restaurant redevelopment on Snowmass Mountain. Employee housing restricted to no resident vehicles on the site. Updated Land Uses and Development Parameters Parcel 4, Lot 1 Snowmass Club Phases I and 11 Replat Updates bolded) 1. The Snowmass Club Phases I and II Replat, Lot 1, is a re-plat of Parcel 4 of the Snowmass Club Subdivision, as recorded in Plat Book 52 at page 79 County of Pitkin and Plat Book 55, Pages 15-25 County of Pitkin. 2. Lot 1 was increased from one to two employee dwelling units. The initial unit was constructed in Phase I of the Snowmass Club P.U.D. Amendment and is managed and owned by SCA. The Snowmass Club Phase II P.U.D. Amendment restricted by covenant the initial dwelling unit pursuant to Ordinance No. 3, Series of 2002, approving the Snowmass Club Phase II Final P.U.D. Amendment. The second employee unit containing 10 seasonal dormitory-style bedrooms shall be restricted pursuant to Ordinance No. 14, Series of 2009, and its Employee Housing Restrictive Covenant. 3. Lot 1 Land Uses and Development Parameters (updates bolded): Lot Size: 18.854 acres more or less Permitted uses: Athletic Club, Restaurant, Tennis Complex, Child Care Facility, Offices, Restricted Housing*. Number of Units: 2 EXHIBIT "B" Town Council Ordinance No. 14, Series of 2009 Page 2 of 3 Unit Size: 1,691 square feet for the initial unit; 2,872 square feet for second unit on the second level Note: 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 or 6% of the Club floor area to 55,998 square feet that includes the athletic club, retail, restaurant, meeting and public space on Lot 1 of Parcel 4; Also, with conversion of 672 SF of office space, only 2,373 SF was allowed for an employee housing mitigation credit) 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 feet with a maximum height of 48 feet Athletic Club and Restaurant Site Coverage: 24,500 square feet more or less Open Space Percentage:95.0 percent more or less Athletic Club and Restaurant Parking: 56 Spaces Club Surface Parking Area: 15,000 square feet more or less North Surface Parking: 40 Spaces Additional Parking: 5 to be installed EXHIBIT "B" Town Council Ordinance No. 14, Series of 2009 Page 3 of 3 North Surface Parking Area: 10,800 square feet more or.less, not including the 5 additional spaces Roadways and Driveways Surface Area: 45,200 square feet more or less Landscaped Area:551,412 square feet, not including the 5 additional spaces Additional Requirements: Vertical articulation in the east and west elevations will be provided and shadow lines will be incorporated into the roof details. 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. EXHIBIT "C" Town Council Ordinance No. 14, Series of 2009 Page 1 of 2 i LJ 0 oils o V b b I 91 i D SECOND FLOOR PLAN Snowmass Club i Aspen Skiing Company N 0239 Sna mass Club Orde,Snawmass,CO 81615 EXHIBIT 96c" Town Council Ordinance No. 14, Series of 2009 Page 2 of 2 tx, 4pi K 11 0' ILDING Snowmass Club 0239 Snowma Club Circle,Snowmm,CO 81615 u v ELEVATIONS Aspen Skiing Company EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 1 of 5 Recording Requested By: Snowmass Club Associates, LLC Upon Recording Return To: Town of Snowmass Village Housing Department 555 Deerfield Drive Snowmass Village CO 81615 BARGAIN AND SALE DEED SNOWMASS CLUB ASSOCIATES,LLC, a Colorado limited liability company, whose address is PO Box 1248, Aspen CO 81612, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to the Town of Snowmass Village Housing Department, whose address is 555 Deerfield Drive, Snowmass Village CO 81615, the following real property in Pitkin County Colorado: a one percent (.01) interest in a portion of Lot 1, Parcel 4, Snowmass Club P.U.D. as more particularly described in the attached Exhibit A, incorporated herein by this reference; together with all appurtenances thereto; and subject to those covenants, agreements and reservations set forth the attached Exhibit B attached hereto and incorporated herein by this reference. ryeRECEV EL" OCT 19 1009 onowmasb vmage Dated:2009 community Development SNOWMASS CLUB ASSOCIATES, LLC A Colorado Limited Liability Company By: Aspen Skiing Company, L.L.C., A Colorado Limited Liability Company By: David E. Bellack Senior Vice President 00)41686.DOC/2)2) EXHIBIT "D" Town Council STATE OF COLORADO ) Ordinance No. 14, Series of 2009 ss Page 2 of 5 COUNTY OF PITKIN The foregoing in was acknowledged before me this—day of 2009, by David E. Bellack, as Senior Vice President of Aspen Skiing Company, L.L.C., as sole Member of Snowmass Club Associates, LLC. My commission expires Witness my hand and official seal. Notary Public AGREED AND ACCEPTED subject to those covenants, agreements and reservations set forth on Exhibit A attached hereto and incorporated herein by this reference. TOWN OF SNOWMASS VILLAGE HOUSING DEPARTMENT By: Joe Coffey X%JPJ .IJ11 j r OCT 19 2009 STATE OF COLORADO ) o"wn a„ r age ss Community Development COUNTY OF PITKIN The foregoing instrument was acknowledged before me 200 ,by Joe Coffey, as of the Town of Snowmass Village Housing Department. My commission expires Witness my hand and official seal. Notary Public t00141686.DOC/2121 EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 3 of 5 Exhibit A to Bargain and Sale Deed Exhibit A will be provided post project completion and will include a survey of Parcel 4/1_ot 1 and the newly constructed employee housing unit to further clarify the 1% ownership interest. OCT 19 2009 a,cyt Community Development EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 4 of 5 Exhibit B to Bargain and Sale Deed 1.The Town's ownership of.a one percent interest in a portion of Lot 1 as shown in Exhibit A ("Lot I") only gives the Town the right to enforce the covenants and restrictions contained in the Employee Housing Restrictive Covenant(Lot 1) recorded as Reception No. in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Housing Agreement"). 2.The record owner of the remaining interest in Lot I shall have full right and authority to manage, lease or mortgage Lot 1 from time to time to any person and on any terms the owner may consider appropriate, provided that any such lease or mortgage shall be subject to the Town's one percent ownership interest in Lot 1 for purposes of enforcement of the Housing Agreement. Any lease of the employee housing rental units on Lot 1 shall be subject to the terms and conditions of the Housing Agreement, and with respect to such leases, the record owner of the remaining interest in Lot 1 shall not be obligated to obtain the prior written consent or approval of the Town of Snowmass Village,Colorado. Any other lease will require the prior written consent or approval of the Town of Snowmass Village, Colorado, which consent or approval will not be unreasonably withheld or delayed. Any mortgage or deed of trust proposed by the record owner of the remaining interest in Lot 1 will require the prior written consent or approval of the Town of Snowmass Village, Colorado, which consent or approval will not be unreasonably withheld or delayed. 3.The record owner of the remaining interest in Lot 1 shall be obligated to maintain in force and effect at all times casualty insurance on Lot 1 in the amount of the full insurable value of Lot I from time to time, and to provide evidence of such insurance coverage to the Town upon request. 4.The Town shall have no liability to third persons arising solely out of its ownership interest in Lot 1, and the record owner of the remaining interest in Lot 1 hereby agrees to indemnify, defend and hold harmless the Town from and against any and all claims, liabilities, damages, costs and expenses that the Town may suffer or incur arising solely out of its ownership interest in Lot 1. 5.The Town shall be obligated to re-convey its one percent interest in Lot 1 to the then-record owner of the remaining interest in Lot 1 if and when the Colorado legislature passes a law that legalizes the imposition of rent restrictions in the manner set forth in or a manner similar to that set forth in the Housing Agreement. This obligation shall remain effective for the\ q period of the lives of David E. Bellack and Mike Kaplan and their now living children plus 21 / years. Upon any such re-conveyance, Lot 1 shall remain subject to the terms and provisions of the Housing Agreement. 6.The Town shall have the unilateral right (i) to convey its interest in Lot 1 to a housing authority if one is ever formed by the Town, and/or(ii) to re-convey its interest in Lot 1 to the record owner of the remaining interest in Lot 1. Otherwise, the Town shall not transfer or encumber its interest in Lot 1. i00141686.D0C/2t2t OCT 19 1009 Ouwuu,eas vumge Community Development EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 5 of 5 7.These covenants and restrictions shall be binding upon and inure to the benefit of record owner of the remaining interest in Lot I and the Town of Snowmass Village, Colorado and their respective successors and assigns, and shall be deemed covenants running with the title to Lot I. OCT 19 2009 VI NWA Lazo Lu+eye Community Development 100141686.DOC 1 2121 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 1 of 4 Recording Requested By: Snowmass Club Associates, LLC Upon Recording Return To: David E. Bellacka;n U Aspen Skiing Company P.O. Box 1248 OCT 19 1009AspenCO81612 J..,,... -SS Vi1agQ Canmunity t}evetopmentEMPLOYEEHOUSINGRESTRICTIVECOVENANT SMC Parcel 12, Lot 1) THIS COVENANT (the "Agreement") is made and declared by SNOWMASS CLUB ASSOCIATES,LLC, a Colorado limited liability company, whose address is PO Box 1248, Aspen CO 81612, hereinafter referred to as "SCA", for the benefit of the Town of Snowmass Village,Colorado, a home rule municipal corporation, hereinafter referred to as the "Town." WITNESSETH: WHEREAS, SCA is the owner of certain real property situate in the Town of Snowmass Village, County of Pitkin, State of Colorado located on Parcel 12, Snowmass Club Replatting of Parcel 4 and Parcel 12 filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado in Plat Book 52 at Page 79 (the "SCA Property"); WHEREAS, in conjunction with the approval of Ordinance No. _, Series of 2009, SCA (the "Owner") offered and agreed to restrict the use of a portion of Lot 1, Parcel 4 of the SCA Property to the sole use of employee housing, which portion of Lot 1 is depicted on the attached Exhibit A, incorporated herein by this reference; and WHEREAS, Owner has offered and agreed that the beneficiary of the restriction on use is the Town; and WHEREAS, Owner desires to restrict the use of a portion of said Lot 1 for the benefit of the Town on the terms and conditions as hereinafter set forth; WHEREAS, the development project consists of 10 employee housing bedrooms each a "Unit" and collectively the "Units") and associated common areas and bathrooms with a minimum square footage of 2,872 s.f. located on the second floor of a portion of the Snowmass Club on the SCA Property, with no free market housing(the "Proiect") and no parking; i 00139977.DOC/5 i 1 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 2 of 4 NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other good and valuable consideration, the receipt and adequacy of which are acknowledged by Owner, Owner hereby covenants as follows: 1. Seasonal Housing. Aspen Skiing Company employees who work in the Town will have primary use rights for the seasonal housing Units in the Project. If seasonal housing beds are available after the primary use rights of the Aspen Skiing Company have been accommodated, the seasonal housing beds will become available to any Town employee on a seasonal basis pursuant to the Town Housing Office Policies and Procedures as may be in effect from time to time. 2. Additional Restrictions. The Project and priority for availability of seasonal housing within the Project shall also be restricted to: (i) employees within the Town; (ii) employees within Pitkin County, Colorado; and then (iii) other employees, such as but not necessarily limited to,employees or students of profit or nonprofit organizations, provided they are not housed for short-term occupancy. 3. Enforcement. If Owner is in default in the performance of Owner's obligations, the Owner shall have the right to cure said default within thirty (30) days after written notice is given by the Town to the Owner specifying the nature of the default. If the Owner does not timely cures such default after written notice is given from the Town to the Owner, then the Town shall be entitled to seek such relief as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs involved in any such action, including reasonable attorney fees and costs of suit. Any written notice required to be given to Owner shall be given by first class mail, postage prepaid, to the following addresses: If to SCA: Paul Cherrett SNOWMASS CLUB ASSOCIATES,LLC P.O. Box 1248 Aspen, Colorado 81612 With a copy to: David E. Bellack, Senior Vice President ASPEN SKIING COMPANY OCT 19 2009P.O. Box 1248 uwi'1tls' vWaAspen, Colorado 81612 Community Development Owner may notify the Town in writing of any change in address to which notices to the Owner shall be given. Town may notify the Owner in writing of any change in address to which notices to the Town shall be given. 4. Amendment. This Agreement and any exhibits may only be amended by written instrument signed by the Town and the Owner. i 00139977.DOC 151 2 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 3 of 4 5. Binding. This Agreement shalt oe nmoing upon auu inure to the benefit of the Town and the Owner, and their respective successors and assigns. 6. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties on the subject matter dealt with herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. Any modification or amendment must be in a written form and executed in the same manner as this Agreement. IN WITNESS WHEREOF, Owner has caused this Employee Housing Restrictive Covenant to be signed by its Member. SNOWMASS CLUB ASSOCIATES, LLC By: Aspen Skiing Company, LLC, By. ji Cr Ali >vyDavidE. Bellack Senior Vice President OCT 19 2009 STATE OF COLORADO ) dye ss Community Development COUNTY OF PITKIN The foregoing instrument was acknowledged before me this_day of 2009 by as for Aspen Skiing Company, as sole Member of Snowmass Club Associates, LLC. WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires: Notary Public 1 OOI39977.DOC/5) 3 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 4 of 4 Insert for Exhibit "A" Employee Housing Restrictive Covenant OCT 19 2009 Ji IVYV!}iy$j vinageCommunityDevelopment i 00139977.DOC/S i 4 MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest DATE: November 2, 2009 SUBJECT: ORDINANCE NO. 17, SEREIS OF 2009, AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XIV OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE, REVISINGTHE COMPOSITION OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD OF THE TOWN OF SNOWMASS VILLAGE 1.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 17, Series of 2009 il. BACKGROUND The Town Council pursuant to a recommendation by the Marketing, Group Sales and Special Events Board of the town of Snowmass Village, determined that the effectiveness of the Marketing, Group Sales and Special Events Board would be served by modifying the composition of the this board. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 17 SERIES OF 2009 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XIV OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE, REVISING THE COMPOSITION OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD OF THE TOWN OF SNOWMASS VILLAGE TO DELETE THE EX-OFFICIO MEMBER OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD OF THE TOWN OF SNOWMASS VILLAGE WHEREAS, the electors of the Town of Snowmass Village determined that the Town would benefit from instituting a lodging tax and directed the revenue from such a tax be used for sales and marketing programs to attract guests and groups to the Town of Snowmass Village as a whole; and WHEREAS, the Town Council has determined that a desirable method to provide broad and diverse representation for all interested parties to achieve such purposes and goals is to revise the composition of the Marketing, Group Sales and Special Events Board of the Town of Snowmass Village; and WHEREAS, the Town Council, pursuant to a recommendation by the Marketing, Group Sales and Special Events Board of the Town of Snowmass Village, determined this position is no longer needed; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village that the following Sections of Chapter 2, Article XIV shall be hereby amended as follows: 1.That "Sec. 2-313. Composition." shall be amended to read as follows: The Marketing, Group Sales and Special Events Board shall consist of seven (7) members. The members of the Board, subject to the provisions of Section 2-316 of this Code, shall be the following: 1) one nominee of the Snowmass Village lodging industry nominated from the lodging businesses that were members of the Snowmass Village Resort Association by virtue of a covenant or other restriction on the real property upon which the business was operated, 2) one nominee of the Snowmass Village lodging industry nominated from the lodging businesses in Snowmass Village; 09-17TC Ordinance Page 2 of 3 3) one nominee of the Snowmass Village lodging industry nominated from the lodging businesses in Base Village; 4) one nominee of the Snowmass Village retail industry; 5) one nominee of the Snowmass Village food and beverage industry; 6) two (2) members at-large; and 2. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, AMENDED, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on First Reading on the 2nd day of November, 2009 upon a motion by Council Member the second of Council Member and upon a vote of_ in favor and opposed. READ, APPROVED AND ADOPTED as amended by the Town Council of the Town of Snowmass Village on Second Reading on the 16'" day of November 2009 upon a motion by Council Member the second of Council Member and upon a vote of_in favor and_opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk 09-17TC Ordinance Page 3 of 3 APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney ikilkho MEMO To: Town Council From: Russ Forrest, David Peckler, Susan Hamley, Lesley Compagnone, Chris Conrad Date: November 2, 2009 Re: Final Red Line Review of the Comprehensive Plan 1.PURPOSE Today Council needs to do a final red line review of the Comprehensive Plan, focusing only on the changes in red. These were the agreed upon edits made throughout the spring and winter review sessions. 2.TIMELINE Here is the proposed timeline needed to get the Comprehensive Plan completed by January 4`h, 2009. November 9'h — Finalize and approve the red-lined version November 101h—To technical editor for final, professional edit November 16'h—To Winston to make digital/Internet version December 7'h— Digital format complete Week of December 7'h and 14'h — Series of"online" public meetings and an Open House in Town Hall. Public can view the close-to-final version online as well as hard copy. We will have the ability to take feedback on our website in the comments/forms section. At the Open House, the public can give us feedback in person too. December 21"— First reading of Ordinance January 4'h— Second reading of Ordinance 3. FORMAT FOR FINAL The primary medium for the final version of the Comprehensive Plan Update will be digital. The goal is to have a user-friendly and interactive document that can be burned on to a disk and/or downloaded from the Web. Traditional hard copies will be available, but there will be fewer of them as we will rely on several new technologies to deliver this information. The economic and environmental savings of using this medium are unmatched. TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: November 2, 2009 Land Inventory for Housing See Memo from Joe Coffey. Pending Strategic Actions Last Updated — October 27, 2009 Staff Action Status Date to follow-up w/ Contact I I Council Land Use Comp. Plan Comprehensive Council has requested one more public Will be scheduled Team Plan Update meeting be held for final input. Deadline set with Council until for Dec. 316`for final chapter edits from approved. Ongoing Council. John Dresser Demolition Council asked that an ordinance be prepared November 16, 2009 to provide a period of time to review demolition permits before demolition of a building occurred. Council agreed that staff should develop language for future PUDs to identify critical integral components of a PUD that must continue to exist over time. In addition, John Wilkinson requested that staff bring back a landmark ordinance for discussion in the future. Russ Forrest Tree Ordinance Frame goals and provide alternative November 16, 2009 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 November 2, 2009 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 proposal from Design Workshop. No funding is currently appropriated for this project. Housing Housing Lottery/ The Housing Committee has received Committee has Department Guidelines direction from Council on housing policy completed it review issues to review. They had an initial of the high priority discussion with Council on July 27`"to the issues identified by discuss lottery process. The Council asked the Town Council 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 December 21, 2009 Town on a new housing policy. The Planning Commission is also reviewing housing goals as part of the Comp. Plan review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Housing Excise Tax Schedule a work session to discuss the December 7, 2009 Excise Tax and its application Joe C Natural Disasters On 11/3/08 Council asked that staff further December 7, 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. Other Rhonda &Eliminate ex- Council requested that this position be November 2, 2009 Susan officio member on eliminated which has to be done by Hamley Marketing Board Ordinance. Russ and Negotiate access John easement for Skittles Housing Dept. Memo To: Russell Forest From: Joe Coffey Date: October 23, 2009 Re: Council Direction for Proceeding with an Employee Housing Land Inventory Report During the past few years the Council and staff have discussed the need for a detailed report showing all the possible future employee housing building sites remaining in the Town of Snowmass Village. This report would address the density and the possible construction impacts and restraints on each parcel. Identifying the type of housing most suitable for each site would also help with planning future housing projects. After reviewing the potential for housing at the draw site, Richard Shaw of Landscape Workshop suggested at the February 17,2009 Town Council meeting that a land inventory study would be very beneficial to the Town in developing future employee housing. Due to the high cost of building employee housing on the Upper Draw site,the Town Council indicated their interest in all the other possible sites located in Snowmass Village. A land inventory could also be useful for other future public uses. The Town Council consensus from the February 17, 2009 meeting was that this would be a valuable project. However,Council asked that staff hold off on engaging a contractor until after the summer budget meetings had be concluded. There are funds budgeted in 2009 to perform this inventory report with a not to exceed amount of 20,500.00 dollars. Design Workshop provided a proposal to complete a land inventory for less than 20.500.00. The Housing department could also do a competitive Request for Proposals for this scope of work.Staff is requesting Council direction for proceeding with the Employee Housing Land Inventory Report. Funds are available in the excise tax fund for the project and staff in the Housing Department is also now available to manage the project. It also is a recommended project in the draft Comprehensive Plan. Design K'urk,hap. Inc. Landscape Archiiermrr. Lund Phuming IJrLan Design Strategic.Serricus October 26, 2009 Russell Forest I.0 I•:a,, >lain Stn••t Town Manager-Town of Snowmass Village A,I..•, ,0.1orad„P.O. Box 5010 I;Ir l I Snowmass Village, Co 81615 n,l II rforrest @tosv.com Fl.c.,indle Re: Site Analysis Proposal-Additional Services 070 020-13::7 Town of Snowmass Village Affordable Housing shcvi 11, Dear Russ, I.I• Please find for your consideration the included proposed scope of work to evaluate 25 Id,kr'f sites for the suitable of affordable housing. This scope is in response to your requestah,n•. made at the Upper Draw meeting on November 6, 2008 to.investigate opportunities for affordable housing within the town in addition to the Upper Draw property. Our Sall tasks will include: Task 1: Site Identification for the properties listed in the Draft 2008 Comprehensive Plan the 1997 Inventory of Possible Employee Sites for 5nowmass Village report, and a few additional sites with potential for development. Task 2:Site Evaluation of factors such as access, utilities,topography, zoning, environmental constraints and etc. Task 3:Site Potential Analysis determining the acres of usable land,density possibilities,total units, parking availability, and feasibility of development. Task 4:Site Comparison to rank the best opportunities regarding number of units, acres of developable land, constraints, costs,timeliness,and quality. The scope of work will be completed on a time and materials basis anticipated not to exceed$20,500.This proposal is an additional service to the January 18, 2008. Reno-Smith Architects LLC, and Design Workshop contract authorized with Director of Housing Department,Joe Coffey for the Design Services Proposal:The Draw Site- Housing. Sincerely, C4"0,'/ Richard Shaw Design Workshop- DESIGNWORKSHOP 5" DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING NOVEMBER 16, 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: RESOLUTION NO. 22, SERIES OF 2009 — CCOT 5311 RURAL ADMINISTRATIVE AND OPERATING GRANT CONTRACT Time: 10 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution 22, Series of 2009 David Peckler Item No. 5: RESOLUTION NO. 21, SERIES OF 2009 — FEDERAL TRANSIT ADMINISTRATION GRANT CERTIFICATIONS AND ASSURANCES Time: 10 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution 21, Series of 2009 David Peckler Item No. 6: VILLAGE WIDE AREA NETWORK Time 30 minutes) ACTION REQUESTED OF COUNCIL: Motion to approve gratn application from Mitchell & Company. Mitchell & Company Item No. 7: JOINT MEETING WITH ASPEN SCHOOL DISTRICT TO DISCUSS TOWN COUNCIL RESOLUTION NO. 31, SEREIS OF 2009 Time 90 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution 31, Series of 2009. John Dresser/Russ Forrest 11-16-09 TC Agenda Page 2 of 3 Item No. 8: FIRST READING - ORDINANCE NO. 13, SERIES OF 2009 - AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30%) WITHIN LOT 1, RODEO PLACE SUBDIVISION Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Discussion and approval with conditions or denial of Second Reading Chris Conrad Item No. 9: PUBLIC HEARING RESOLUTION NO. 27, SERIES OF 2009 —A RESOLUTION AMENDING RESOLUTION NO. 39, SERIES OF 2006 CONCERNING THE RODEO PLACE SUBDIVISION Time:5 minutes) ACTION REQUESTED OF COUNCIL: Public Hearing, discussion and Approval, Approval with Conditions or Denial of the Resolution Chris Conrad Item No. 10: CONTINUATION OF PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 14 , SERIES OF 2009 — SNOWMASS CLUB EMPPLOYEE HOUSING Time 45 minutes) ACTION REQUESTED OF COUNCIL: Consideration of a Minor PUD Amendment for a proposed employee housing unit at the Snowmass Club Jim Wahlstrom Item No. 11: COMPREHENSIVE PLAN — Time:45 minutes) ACTION REQUESTED OF COUNCIL: Review red-lined version of Chapters 8 and 2 Transportation and Community Character and Vision. Begin review of Chapter 1. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB --) Item No. 12: FIRST READING OF ORDINANCE NO. 3, SERIES OF 2009 ADDRESSING HISTORICAL PRESERVATION Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 3, Series of 2009 John Dresser ...............................Page (TAB--) Item No. 13: SECOND READING — ORDINANCE NO. 17, SEREIS OF 2009 AN ORDINANCE AMENDING THE COMPOSITION OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD 11-16-09 TC Agenda Page 3 of 3 Time 15 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second t Reading of Ordinance No. 17, Series of 2009 Russ Forrest Item No. 14: MANAGER'S REPORT Time: 10 minutes) TREE ORDINANCE Russell Forrest.......................... Page (TAB--) Item No. 15: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 16 APPROVAL OF MEETING MINUTES FOR: Page (TAB--) Item No. 17: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 18: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 5 hours excluding items 1-3 and 7 —10) 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. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, JULY 27, 2009 CALL TO ORDER AT 400 P.M. Mayor Boineau called to order the Special Meeting.of the Snowmass Village Town Council on Monday, July 27, 2009 at 4:04 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. COUNCIL MEMBERS ABSENT:Markey Butler. STAFF PRESENT: Russ Forrest, Town Manager; Chris Conrad, Planning Director; Jason Haber, Economic Resource Director; Susan Hamley, Marketing Director; Rhonda Coxon, Town Clerk PUBLIC PRESENT: Lisa Vogel, Page Shuck, Bob Purvis and other members of the public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS There were no public non agenda items. Item No. 3 COUNCIL UPDATES Lodging Taxes Council Member Wilkinson raised concerns with an article in the newspaper regarding people who are not paying their lodging taxes. The Town Manager Russ Forrest assured him the Finance Department will be investigating this matter. Rick Griffin a resident of Snowmass Village and a Snowmass Village Realtor stated that the Snowmass Homeowners Association does remind homeowner of the tax in Snowmass Village. Item No. 4 HOUSING ADVISORY COMMITTEE RECOMMENDATIONS The Housing Advisory Committee was given the task by the Town Council and the Housing Department to discuss three specific areas which include Item 1 Lottery Procedures, Item 2 Sale and Rental Units to School and Hospital employees and Item 3 Unit Size # of people required per bedroom. Housing Manager Joe Coffey and Sally Sparhawk from the Housing Advisory Committee were available to present the Committee's recommendations regarding the lottery process for the 07-27-09tc Special Meeting Page 2 of 3 Housing Guidelines. The changes are in the 4th and 5th steps of the guidelines which are included in today's packet, the purpose of housing is to keep it in Snowmass Village and to allow two people to apply for a three bedroom before it goes to Pitkin County. Opening up to Special District created a very long discussion and it was decided by the Housing Advisory Committee to keep them in the Pitkin County lottery. Town Council had a lengthily,discussion regarding the Special District prioritization and Businesses owned units. Arnold Mordkin made the motion to approve the acceptance for all the Lottery recommendations but he would like the Town Attorney present and have further discussion regarding the Special Tax District and Pitkin County element. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, and Arnold Mordkin. Voting Naye: and John Wilkinson. Item No. 5 COMPREHENSIVE PLAN - CHAPTER 3 COMMUNITY ARTS, CHAPTER 4 REGIONAL AND COMMUNITY ECONOMICS AND CHAPTER 5 COMMUNITY SERVICES, FACILITIES AND AMENITIES Economic Resource Director Jason Haber explained that today's review will consist of Chapters 3 - Community Arts, Chapter 4 - Regional and Community Economics, Chapter 5 - Community Services, Facilities and Amenities, and Chapter 10 -Actions and Implementation. The chapters were drafted by the Planning Commission to be concise and consistent with the format of the updated Comprehensive Plan. Staff is asking that Town Council review and comment on key elements of the chapters, Strategic Objectives, Background and Policies. At this time Town Council reviewed the chapters line by line, and page by page, and provided language changes to staff. The Town Council asked that the word "Village" be added after Snowmass throughout the entire document and that the Marketing Group Sales and Special Events be changed to Tourism Office. Town Council provided language and grammatical changes throughout the chapters. Item No. 6 MANAGERS REPORT New Shuttle Buses Council Member Lewis stated that the new buses the Town has purchased are very loud. Town Manager Russ Forrest stated there are issues with these buses and they will be addressed. Housing Guidelines Council Member also asked if the new housing guidelines passed today would be in affect for the Sinclair Meadows lottery, the Town Manager responded they would. Next Agenda The Town Manager reviewed the agenda for the Regular Meeting of August 3, 2009. 07-27-09tc Special Meeting Page 3 of 3 EOTC The EOTC Strategic Planning session will be at the Snowmass Conference Center Thursday, August 16, 2009 at 9:00 a.m. Item No. 7 ADJOURNMENT At 6:45 p.m. Arnold Mordkin made the motion to adjourn the Special Meeting of the Snowmass Village Town Council on July 27, 2009. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, SEPTEMBER 14, 2009 Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Town Council at 4:00 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Markey Butler COUNCIL MEMBERS ABSENT: Arnold Mordkin was absent STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Terri Everest, Housing Secretary; and Donna J. Garcia- Spaulding, Deputy Town Clerk PUBLIC PRESENT: Paul Benedetti, Dwayne Romero. Scott Stenman, Bob Kaufman, Dave Belleck, Randy Woods, Jeanne Woods, Robert de Wetter, Michael O'Connor, Brian Olson, Julian Woods, Diana Sirko, Laura Kornasiewicz, Gilbert Sanchez, Greg Long, Chad Griller, Robin Riggs, Caroline Gibson, Jami Downs, Greg Woods, Bill Dietz, Paul Collins, Susan Benner, Jeff Eaelson, Rick Griffin, Phil Vaughn, Quint Nichol, Eben Clark, Jim D'Agostino, Patty Smith, Robert Grundy, Allen Morse, and other members of the public interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS Dwayne Romero Provided Town Council with a brief update of action items Related West Pac is pursuing at Base Village. He stated that the Viceroy Building 13A is on schedule for a T.C.O. by the end of October and they are preparing to open the entire hotel by Thanksgiving weekend. He reported that the CORE Group and the Viceroy Management team lead have received over 800 applicants over last three weeks and their hope is to hire approximately 75 - 90 individuals. They also expect to begin the sales contract closing 09-14-09tc Page 2 of 17 process within two to three weeks in anticipation of closing towards the end of the year. Sinclair Meadows is on schedule to be completed later this month and a lottery is scheduled for this Wednesday and looking at closing mid-to-late October. Capital Peak has five employee housing units in Phase 1 element of the project, with five units completed back in the spring of 2009. Romero provided Council with a quick up-date regarding the Fee Schedule and stated that there was a debits and credits review conducted in July, as well as outstanding balance from the developer to the Town, they have worked in cooperation with staff to clean up the ledger, made some payments and identified some errors between the debits and credits but they have now been able to focus on the items that are still yet to be resolved. Finally, the existing retail and restaurant plans have been tremendously altered and have had a difficult start over the past 13 to 14 months so they are trying to apply a comprehensive approach with each of the operators in an effort to try to stabilize their businesses for second season survivability. Council Member Lewis stated that he understands that the economic downturn has impacted every business in this community; he inquired about whether Related West Pac would look into a comprehensive plan to deal with those renters within Related Westpac's commercial property? Romero stated there are two responses 1) He understands the point and they are to date working in a one off basis specifically at mall and also at the center, where they know they have been presented with stress in terms of operators needing to relook at their leases for modifications and have been handling these on a one-on-one basis and 2) Stepping back and try to apply a more consistent one size fits all. He further explained that each lease has different details involved; restaurant operators are different from retail shops. Council Member Wilkinson made it clear that we have serious issues that need to be resolved sooner than later in order to approve of the Certificate of Occupancy. Item No. 3: COUNCIL UPDATES Wine Maker's Dinner - Wine Festival Council Member Butler announced that the Wine Makers dinner is this Friday. Then on Saturday, September 19th is the Wine Festival up at the mall. Balloon Festival Butler invited one and all to the Balloon Festival on September 18th through September 20th. 09-14-09tc Page 3 of 17 Condolence Thanks Butler thanked Town Council for their condolences over the recent loss of her father-in- law. Ruedi Water & Power Authority Council Member Lewis reported that he recently attended a Ruedi Water & Power Authority meeting and presented the Comprehensive Roaring Watershed Report and Study for Town records. Lewis reported that this study is from the Continental Divide to the Colorado River and through the Tri-County areas, including all the towns. Zebra Muscle Lewis further explained that another issue we need to education boaters about is the Zebra Muscle problem occurring in a lot of water sports lakes within the State of Colorado. Part of the remedy for boaters is to be sure to wash their boat before putting it into the water. He stated that the RW&PA is current discussing how much money to put into the educational process. After further discussion, Lewis requested that the Town Manager work with Rachel Richards from the County because RW&PA will be asking municipalities for monetary donations and perhaps there is something that Snowmass and Pitkin County can work out with new tax relating to rivers and water ways. Labor Day Festival Mayor Bill Boineau stated "We just finished with the Jazz Aspen/Snowmass - Labor Day Festival and everything worked out very well and attendees enjoyed it very much." He stated that a lot of hard work went into this event and thanked staff and everyone else involved. He reported that the only negative comment he received was that we need a better system for egress out of the event. CASTA Mayor Boineau reported to the community that Snowmass had a Colorado Association of Transit Agency (CASTA) meeting with a number of people attended from the Roaring Fork Valley, Snowmass Village and from across the State of Colorado. The Town Manager was pleased to announce that the Town of Snowmass Village Transportation Department received $90,000 grant monies in addition to what was asked for. Item No. 4: INFORMATIONAL PRESENTATION ON URBAN RENEWAL AUTHORITY URA) The Town Attorney John Dresser introduced Paul Benedetti, who is presenting to Town Council on the State of Colorado law regarding Urban Renewal Authorities, with an eye to fixing some of the Town projects. Dresser further stated that Mr. Benedetti's is an 09-14-09tc Page 4 of 17 Attorney Expert practicing exclusively in this area within the State of Colorado. He passed out an outline prepared by Mr. Benedetti, announced that a copy of this outline is available for the public to view and pointed out that the site map relating to this discussion is out for Council to view. Paul Benedetti, Urban Renewal Authority (URA) Attorney provided Town Council with a brief background of his credentials and stated that he has been working in this specialized field for many years and can provide the Council with a copy of his resume upon request. He further commented that an URA is a corporate body similar to a Housing Authority and is not a government entity; it is a public corporation, with a ruling by the Court of Appeals and is not subject to TABOR; it is a body that does not levy taxes but it uses increases in tax revenues in an effort to increase an assessed value of urban renewal areas to pay for project costs; the financing method it uses is one of allocation of tax money. He stated that there is a simple method for forming an Urban Renewal Authority by means of getting 25 electors to sign a petition, a public hearing must be held with proper publication in the newspaper of that hearing, and you have to find that there are one or more blighted areas within the Town. He referred Council to packet page three regarding blight designation. He stated that he has noticed an increase in interest in URAs, due to the tough times we all are experiencing. Blight Designation has to have four of the areas listed on packet page three for approval of a plan, such as in-adequate street layout, faulty lot layout, unsanitary or unsafe conditions, deterioration of site improvements, unusual topography, in-adequate public improvements, title defects, dangerous conditions due to fire or other causes, unsafe buildings, due to building code violations, in-adequate facilities, existence of factors that require high levels of municipal services, and environmental contamination; it is required to have four of these elements to approve a plan. He explained that an unsafe condition can satisfy two of these factors in the statute because of fire or flood endangerment. In response to an inquiry by Council Member Butler, Benedetti stated that one would not just go in and take the land because an URA has nothing to do with public ownership and referred Town Council to the T.I.F. Chart included in his handout today. Benedetti explained that the base year of total assessed valuation is established and every year after that hopefully there is an increase in assessed value and what is allocated to URA the part between the red line stair steps and the green line. The Assessor then sends out to the tax payers (not imposing extra taxes), they just pay the total assessed value and the money is divided between the taxing bodies and the URA the taxing bodies get everything below the red line and the URA gets everything between the red and the green line); and every other year there is an assessment for inflation a proportion increase for taxing bodies to share as one goes along. 09-14-09tc Page 5 of 17 Benedetti stated that when you form the Authority you don't worry about T.I.F. or the public hearing to approve the plan but once you get to the point of the.conditions survey, most urban renewal plans are simple to implement. You can have more stringent design guidelines if you desire and most cities rely upon their codes, ordinances and policies. Make sure that you are following the Comprehensive Plan, regarding what you are going to do about T.I.F. for property taxes because the State has legislation over property taxes and then it is up to the municipality if want to throw in sales tax increments; "if the municipality is Home Rule you can decide from the Statute." Benedetti further explained that an impact study for the county has to be conducted. Aspen Skiing Company Representative Don Schuster inquired if an URA has ever been implemented or applied to a special district, such as a GID or Metro District. In Response, Paul Benedetti stated that it can be and it could help pay for public infrastructure. The Town Attorney John Dresser emphasized the timing of how an URA works and stated that one does not necessarily have to do anything with it right away and it is always subject to change at the Legislator; every session has amendments, revisions or repeals introduced, while it is a tool it may not be there for ever. He stated that various districts and counties are not strongly in favor of using this tool for the municipalities, Council Member Butler thanked Paul Benedetti for coming, stated that this information has been extremely helpful from the Town Council's perspective and requested approximately 30-days for this information to settle. Council consensus requested that staff make a list of options for Council review. NOTE: Council took a 5-minute break and reconvened at 5:25 p.m. Item No. 5: SNOWMASS VILLAGE AND ASPEN SCHOOL DISTRICT IGA- FOR SNOWMAS VILLAGE HOUSING SCHOOL SITE The Town Manager Russ Forrest explained that the School District purchased a piece of land between Anderson Ranch and Faraway Three, they are now proposing a Housing project for their teachers and the Town has been engaged in discussions concerning what the appropriate process would be based upon certain State of Colorado statutes that relate to school district projects, as well as how to respect the spirit of the Town's Land Use Review process. The Draft IGA lies out the proposed schedule for process, submittal requirements and fees. The Town Attorney John Dresser stated that he received a call from the Aspen School District's Attorney stating he does not desire to change the two items that have not been 09-14-09tc Page 6 of 17 agreed upon between staff and the School District. He emphasized that the purpose of today's meeting is for discussion purposes only and staff will be bringing a draft resolution forward, which is subject to Council review and approval. Dresser further reported to Town Council that the only three items which did not reach agreement are as follows: 1) Located on page 2, 7th Whereas clause (in red lettering) regarding the units that need to remain as affordable housing and not be converted to another form of ownership or use, 2) The request for deed restriction and in connection with this concern (located within the next paragraph) the 8th Whereas, which expresses the School District's desires and 3) Utility costs (item number 3.12, second-to-last page of handout); the School District requested a waiver of all fees associated with the Plan Review process or any Town tax on building materials. He emphasized that any fees charged for consultants that are not employed by the Town be paid by the School District. Dresser continued stating that the Town is concerned with the Transportation Impact Analysis, which is somewhat streamlined and reduced in scope. He explained that it was agreed upon, that the School District could base their Transportation Impact Analysis upon the March 2004 Snowmass Base Village Report, which is different from what the Town Planner and the Town Manager agreed to in concept, there be a comparison of the site based upon the above mentioned Report in order to identify the incremental impacts to all public street intersections impacted by the proposed development and for the private property identified within the Report. The Aspen School District Representatives introduces themselves and included Julian Woods, Diana Sirko, Gilbert Sanchez, Principal and Laura Kornasiewicz , Housing Project Representative. Ms. Sirko stated concern with the Level of Service (LOS) with all intersections; "They had agreed that this was not applicable to us so the Town Attorney's statement regarding this was a little bit of a surprise to them today" and requested further discussion on this item. She stated concern with the Permanent Restriction issue and explained what is difficult for them is they can not say for all time, that they can guarantee needs would not change in any way in terms of changing it into a pre-school as an example) some day so the permanent restriction component is of grave concern to their attorney and they desire to know where the common ground in resolving this issue might be. Laura Kornasiewicz, Housing Project Representative stated "As stewards of the tax payer's dollars their future Board must be willing and able to make decisions concerning the District's assets based upon the needs at that particular time; the two words permanently restrict' were the ones that created an issue for their Board as well as for the Aspen City Council; they can not foresee a need to change a use for this small Employee Housing Development, however, they simply cannot tie the hands of future board and administrators by permanently restricting the property as is the Town's 09-14-09tc Page 7 of 17 desire." After further discussion, Mayor Boineau requested that staff and the Applicants draft language regarding the "permanently restricted" issue, since the School District is willing to accept less than permanently restricted, IGA impacts to the community, for discussion during the October 5th Town Council meeting. NOTE: Town Council took a 10-minute Break and reconvened the Regular meeting at 6:10 p.m. Council Member Wilkinson and the Town Attorney John Dresser discussed particulars regarding dispute resolution issues that might occur on November 2nd election time concerning things that remain in dispute between the Aspen School Board and Town Council; Council will adopt a resolution and there will be recommendations that certain things need to be complied with before there is a resolution of approval, that resolution would go before the School Board and on November 2nd the School Board and Town Council would meet during a joint meeting to hear details relating to unresolved issues and if they can not come to resolution during that meeting that the final arbiter could be District Court of Appeals or Supreme Court. NOTE: Mayor Bill Boineau opened up the meeting for Public comment. Local Resident, Cullen Morse Requested that all parties protect the quality of life and impacts for the residents and inquired if the Town Council should decide not to accept the agreement, how would things proceed from there and is this agreement the only option that the public has to work with the School District on this project? Aspen School District Representative Julian Woods stated they have not come to any conclusions concerning this possibility at this time, they are hoping that they can get through the IGA together with the Town. She further stated that the State of Colorado Statutes allow for the School District to provide a Site Development Plan to the local Planning Commission or Town Council for review, this review is strictly to allow them to know that the project is proceeding and to allow them an opportunity to provide some feedback; they can also request that the School Board hold a public hearing if necessary. From there it is up to the School Board to decide if they are ready to proceed and submit the site Development Plan to the State as part of a permit process. The Town Attorney John Dresser clarified that the School Board is a political subdivision of the State and they have to comply with the Open Meeting Act, which states that the public may attend any School Board meeting and if the School Board accepts public input individuals may provide it at that time. Mayor Boineau invited Mr. Morse to attend all the public meetings held by the Town Council here in Snowmass Village and express 09-14-09tc Page 8 of 17 his views. Parent of youth within the Aspen School District, Mary Daly stated that she respects the School District's Mission statement "Treat others as they would like to be treated" and stressed that the students would certainly be highly impressed when their school board members live by that statement and following the existing rules and guidelines of the Town of Snowmass Village, as the School Board's leading by example affects all the students the parents represent. She thanked the School Board Members for their fine example. Local Resident, Jackie Morse reported the Town Council is constantly reiterating that the housing is specifically for teachers and clarified that it is School District employee housing available for anybody within the School District who needs housing, such as bus drivers or maintenance personnel. Acting as Spokesperson for neighbors within her neighborhood, Morse stated that they have parking concerns and need more parking spaces per resident. There being no further comment from the public staff and Town Council continued there discussions. The Town Attorney John Dresser reported that he talked to the School District's Attorney this morning, who was emphatic that the troublesome word is "permanently." Dresser shared that he is trying to think of a way that the Town's concern is addressed as well as the School District and inquired of the Applicant and Council if the language within the deed restriction was changed to reflect the ownership remains with the School District and if they wanted to sell it they would have to receive the Town's permission. Then there would also be a restriction of the use restriction limited to the school purposes identified within the State Statutes. In other words, leaving out specifics with the understanding that certain issues are going to be raised during the review process, take out the words "permanently restricted;" leave in both paragraphs stating that the Town desires to ensure that School District employees will be housed; it won't be converted into another form of ownership but another use etc. He reminded everyone that this is strictly a recital to identify things to be discussed during the up- coming Town Council meeting as part of the review process. In response, Laura Kornasevits clarified on the language stating the Town's desire the "less than permanently restricted" and stated that they are amiable to compromise that will allow the IGA to continue to move forward. Mayor Boineau directed staff to draft language that meets some middle ground and take it to the School Board prior to the October 5th Town Council meeting. The Mayor directed the Town Manager to move forward with the newspaper 09-14-09tc Page 9 of 17 advertisement lining out the schedule of meetings between the Town Council and Aspen School Board. The Town Manager Russ Forrest referred Council and the Applicant to item 3.12 and stated that staff will find out what that cost is, see if that would be acceptable and include the "not to exceed" number in and continue further discussions relating to costs. Gilbert Sanchez with Studio of the Architects stated that he looks forward to presenting to Town Council during the October 5th meeting. Sanchez reported that the direction he received from the School Board was the need to comply with character of the existing town, quality of life and all the things that Snowmass Village represents. In that regard they took the Town zoning code under Tab number 6 depicting a matrix that lays out the dimensions of the project and they have been successful in meeting those and mindful to enhance the character of the community. NOTE: Town Council took a 15-minute break and reconvened the Regular meeting at 6:37 p.m. Item No. 6: CONTINUATION OF PUBLIC HEARING AND SECOND READING - ORDINANCE NO, 9, SERIES OF 2009 -SNOWMASS CHAPEL Senior Town Planner Jim Wahlstrom stated that this item was continued from the August 3rd Town Council meeting and nothing has changed from that meeting. He provided Council with a few follow-up items including a needs assessment to be completed by the Applicant, who has provided a letter that explains public uses that occur within the Chapel facilities and staff has provided excerpts from the previous preliminary plan and resolution from 2006, with a similar list of uses that had occurred in Chapel proposal management plan. Secondly, Wahlstrom stated the PUD Guide was revised in the carillon bells section for further clarification regarding concerts in its relationship to the 15-foot limitation and language has been revised accordingly; landscape plan was modified again per Council for three 125-foot spruce evergreen trees on Parcel 10 and in the front of the building to be placed in these locations; and the Housing Advisory Committee's development agreement was revised to show less restrictions of standards for the usage of community purpose space and clarifying the type of organ being proposed, whether it be a fisk organ or one of a similar type musical instrument. He reported that staff has edited version of the ordinance, as well as final versions prepared for Council's review. Mayor Bill Boineau opened the Public Hearing at 6:40 p.m. In response to an inquiry by Council Member Markey Butler, Chapel Representative Philip Long stated that the carillon bells are true carillon bells, which are playable by hand or electronically. Butler further inquired if there are attractions for families and 09-14-09tc Page 10 of 17 whether there will be an opportunity for the public to observe the inside of the carillon bells, as this is such a wonderful experience. Long stated "Yes, this is the Chapels intension." NOTE: At this time Mayor Bill Boineau opened the meeting up for public comment. There being no comments from the public, Council and staff proceeding forward making amendments and additions to the actual ordinance. John Wilkinson made the motion to approve Ordinance No. 9, Series of 2009, Markey Butler seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Markey Butler. Voting Naye: Reed Lewis. NOTE: Town Council took a 15-minute break and reconvened the Regular meeting at 6:37 p.m. Item No. 7: RESOLUTION NO. 14, SERIES OF 2009 - SNOWMASS CHAPEL Senior Planner Wahlstrom reported that this item serves as documentation of the Applicant's proposed land exchanges with the adjacent owner of Parcel 10, which also involves a lot-line adjustment; the Applicant is showing changes in square footage and by acre for that lot-line adjustment and this exemption is documentation of those adjustments. NOTE: Staff and Council determined that the packet information and ordinance for this item was excluded from today's Council notebooks. The Town Attorney John Dresser recommended that discussion of Resolution No. 14, Series of 2009 be continued to the next Town Council meeting. Mayor Bill Boineau continued discussion of both item numbers 7 and 8 to the October Town Council meeting. Item No. 8: RESOLUTION NO. 15, SERIES OF 2009 - SNOWMASS CHAPEL NOTE: Staff and Council determined that the packet and ordinance information for this item was excluded from today's Council notebooks. The Town Attorney John Dresser recommended that discussion of Resolution No. 14, 09-14-09tc Page 11 of 17 Series of 2009 be continued to the next Town Council meeting. Mayor Bill Boineau continued discussion of both item numbers 7 and 8 to the October Town Council meeting. Item No. 9: HOUSING LOTTERY POLICY The Housing Secretary Terri Everest and Housing Advisory Committee Representative Rick Griffin were present to answer question Town Council might have of them. The Town Attorney John Dresser explained according to the Housing Regulations, the rules are allowed to be changed by the Housing Director with the advice and consent of the Town Council. Rick Griffin and Terri Everest provided Council with an update of the Housing Advisory Committee (HAC) activities. Griffin reported that HAC has been meeting weekly for the past several months and developed the recommendations included in today's packet of information (please refer to either Granicus or obtain a hard copy from the Clerk's Department for particulars). The HAC Representatives and Town Council began the process of shifting through the details of the recommendations from HAG, how the lottery works, defined terminology of emergency responders, R.O. hybrid in the Crossings, and appropriately amending language relating to the Fair Housing Guidelines. After further discussion, Council Member Butler moved for approval of the Housing Lottery Policy, with clarification of the definition of First Responders and to change the Fair Housing Guidelines recommendation relating to the lottery, Council Member Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Item No. 10: UPDATE ON RODEO PLACE PHASE II HOUSING The Town Manager Russ Forrest provided Town Council with a brief update and reported that the Town had a successful lottery for Phase 2-A; had seven individuals for four homes, who were informed that there was additional potential opportunities and they should make their thoughts known to the Town and Council; all three of the individuals that did not win expressed strong interest in purchasing a future unit. Forrest referred the Council to copies of the Town Budget for Phase 2-B, which is based 09-14-09tc Page 12 of 17 upon moving forward; right now the Town has a couple of additional entitlement issues on two of the homes. We have two homes that are ready to move forward right now including: three-bedroom units, two of those families out of three qualify for a three- bedroom unit at this time. The Architect Representative Bob Kaufman provided Town Council with background information as to how we arrived at today's discussion. The Housing Secretary Terri Everest stated that the Housing Department will be holding a lottery for Capital Peak and for Sinclair Meadows on Wednesday, September 16th at 5:00 p.m. Everest reported that there are 11 applicants for Capital Peaks and 26 applications for Sinclair Meadows for the 21 units. Sinclair Meadows Lottery Applicant Jeff Eaelson stated that he is in the lottery for Sinclair Meadows and is also looking into going to the Rodeo Place Phase II Housing, where his family would prefer to live. Council Member Butler clarified that the thinking was that we would not go with demand for Sinclair and Capital Peak and recommended moving forward, since the Town obviously has demand. Kaufman reported what the budget would be for the two homes that calculated out to 102,750,000.00. Mayor Boineau stated that Resort Opportunities & Investments LLC (ROI) is doing well with the budgets coming in below what was proposed. Boineau stated that he is still concerned with having too much inventory because the Town will be left sitting with unsold units. The Town Manager stated "From a market standpoint and in terms of moving forward, the Town does need to re-verify that we can't move forward until the entitlement work is completed today, then come back during the second meeting in October after the Town Budget has been re-verified and assess the level of demand after the Sinclair Meadows/Capital Peak numbers are in." The Housing Secretary Terri Everest reported at Rodeo Place they had two applicants out of seven that were also in Sinclair Meadows and one of those applicants got a home; in Capital Peak they have approximately three people that are in Sinclair Meadows. Town Manager Forrest reported that staff needs to re-advertise for Phase 2B, since the Town did not receive applicants for these units. Council Member Wilkinson stated that he would prefer waiting to see what happens with the lottery for these two 09-14-09tc Page 13 of 17 units. Council Members Lewis and Butler requested that this item be discussed tonight. The Mayor stated that he could approve going with the two units right now and requested that after the dust settles staff place it on the Agenda for the October 19, 2009 Town Council meeting for further discussion. Council Member Butler made the motion to approve and move forward with two of the homes proposed, with a Budget of $102,750,000. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, and Markey Butler. Voting Naye: John Wilkinson. Item No.11: MANAGER'S REPORT The Town Manager provided Town Council with the proposed 2010 Budget schedule. October 7, 2009 The Town Attorney John Dresser reported that October 7th is a Planning Commission meeting and this Board will need the Council Chambers at 4:00 p.m., which is an important meeting for them providing the IGA goes through. Forrest reported that the key issues involved in those discussions will be revenue assumptions and the fund balance that the Town wants to maintain. Council Member Butler reported that she will need to leave the October 7th meeting early due to another board meeting she has scheduled. Council consensus agreed to the time frame of 8:30 a.m. to 3:30 p.m. for the October 7th Budget schedule. September 28, 2009 Forrest explained that the September 28th Budget meeting has been cancelled per the Yom Kippur holiday observation. Forrest stated that he would also like to understand any goals for next year that Town Council may have. The Town Attorney John Dresser cautioned Council that holding a meeting on Yom Kippur would be considered an act of disrespect for Council Member Mordkin, since Town Council already previously agreed not to have a meeting on that date and recommended that.a special meeting be scheduled for later that week. 09-14-091c Page 14 of 17 Forrest reported that there is a special meeting scheduled for October 26, 2009 to review the School District IGA resolution, this means that we have two special meetings during the month of October. After further discussion, Town Council agreed to the October meetings schedule as presented today. Ex-Officio Member of the Marketing, Group Sales & Special Events (MGS&SE) Board Forrest provided Town Council with an up-date regarding the Ex-Officio Member on the MGSE Board and stated that Ordinance No. 6, Series of 2007 allows the appointment of an Ex-Officio Member to the MGSE Board and removal of this member requires a change to the ordinance. Council Member Lewis requested that staff proceed with removal of this position and change of the ordinance, since the current Ex-Officio Member has not been attending meetings and has not been respectful of others on that Board. Dresser clarified what Lewis' request and read from the Town Municipal Code book the following: The purposes are marketing, creation of special events, public relations, sales of marketing to attract group reservations and for development of tourism for the benefit of the Town as a whole. He clarified that the current Ex-Officio Member has not full-filled its purpose of tourism for the benefit of the Town as a whole. Dresser further clarified that there are seven Board Members and one Ex-Officio position; Council Member Lewis is requesting this position be deleted from Section 2.313. After further discussion, Council consensus approved proceeding forward with removal of the Ex-Officio position. Council Member Lewis requested that staff have the ordinance drafted and ready for presentation following discussions at the same meeting. Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING Mayor Boineau added an item to the October 5th Town Council Agenda regarding the School District Approval of the IGA as a joint meeting between the Town Council and Aspen School District Board Members. Dresser stated that the Snowmass Chapel would be added to this meeting as well. Item No. 13: APPROVAL OF MEETING MINUTES FOR JULY 20, 2009 Council Member Wilkinson recused himself, since he was not present for the July 20, 2009 Town Council Meeting. Council Member Butler stated that she felt these minutes were well done. 09-14-09tc Page 15 of 17 Council Member Lewis stated for the Record that he submitted minor changes to Deputy Town Clerk Donna Spaulding prior to today's meeting. Council Member Lewis made the motion to approve the meeting minutes of July 20, 2009, Council Member Butler seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Council Member Wilkinson had recused himself and Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, and Markey Butler. Voting Naye: None. Item No.14: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Rim Trail Benches Council Member Lewis stated that he has noticed, when someone dies a bench is put up in remembrance of that person and he is certain that not all the benches going up are going through the proper channels. He reported that there is a bench directly on the Powderhorn Trail ditch trail made of concrete and white rocks and he respectfully added that things are starting to look tacky. After further comments Lewis requested that Town staff implement a process that ensures proper process by which memorials are set up in the Town and investigate whether this particular memorial was given authorization. After further discussion, Council consensus stated that they are not in favor of such memorials and suggested perhaps a plaque at the proper site or a memorial garden be implemented. FDIC - Related Westpac Council Member Butler stated that she has been following the financial news coming out of New York and in the spirit of cooperation she would like to know what is going on with Related; the fact that three of the principles appear to be applying to purchase a bank through FDIC. She further inquired of her colleagues and staff whether there is some way the Town can write a letter to the FDIC and put them on alert concerning the owners for Related, as she is very concerned with the ethical practices of Related. Butler further stated "This is a privately held enterprise owned by the three individuals and I'm just a little upset and Related needs to give us an update as to what their intent is." She stated that she would personally write a letter to the FDIC. The Mayor stated "We need to move forward with the $2Million Performance Bond soon so that half way through the season it is up and running, rather than at the beginning of the season." The Town Attorney stated that writing a letter to the FDIC is something this Council may do and cautioned Town Council that if they are going to write about having ownership 09-14-09tc Page 16 of 17 across the street, that Council be certain the people they are going to write about actually have ownership interest in the companies that are operating across the street; he added that ownership might be difficult to do at this point. Forrest suggested that Council request Related to appear before them with an up-date on the global solution to the problem, as the Town continues to pursue issues related to cleanup prior to Certificate of Occupancy issuance for the Viceroy Hotel, prior to handling the issue on Building 7 and prior to writing the FDIC letter. In response to an inquiry by Council Member Butler, Dresser stated that it is very difficult to identify the ownership partners, since it could very well be a multi-state corporate search that proves to be very expensive to pursue and the Town needs to be certain of any action they might want to take because anything the Town writes that is not absolutely 100% truthful could give rise to liability even to the effect that it would pierce Council's governmental amenity. Council Member Mordkin The Mayor reported that he had a meeting with Mr. Mordkin concerning his future plans as a Council Member and Mordkin reported that he spoke to the Pitkin County Judge, who has agreed to change his schedule so that he can participate more regularly as a Council Member and this change would be made during the month of November. Dresser reported that Mordkin is at the state District Attorney's Conference in Keystone tonight. Building across the Street with Sheets Council Member Wilkinson reported that he has received many comments from the community regarding the building with the sheets over it and the community would like to know what is going to happen and stated that "We need a plan of action." Council Member Butler stated that this Town Council deserves an explanation of how this issue will be taken care of and address the safety of our Town. Item No 15: EXECUTIVE SESSION At 8:30 p.m. Council Member Lewis made a motion to move into Executive Session, Council Member Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. 09-14-09tc Page 17 of 17 Personnel matters, except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting, pursuant to C.R.S. 24-6-402(4)(f)(I) and Snowmass Village Municipal Code Section 2-45(c)(6); 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 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(c)(2); At 9:14 p.m. Council Member Butler made a motion to reconvene the Regular Town Council meeting, Council Member Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Item No.16: ADJOURNMENT There being no further discussion, Council Member Butler made the motion to adjourn the Regular Town Council meeting, Council Member Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. The meeting adjourned at 9:15 p.m. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Respectfully Submitted By: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk FSun led [ Thu Fri Sat 1 2 3 4 5 6 7 Town Council Meeting 4:00 p.m. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Town Council Meeting 4:00 p.m. 22 23 24 25 26 27 28 THANKSGIVING Town Hall Offices Closed 29 30 1 1 • Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Town Council Meeting 4:00 p.m. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Town Council Christmas Meeting 4:00 p.m.Am 27 28 29 30 31 New Year's Eve Idiw 11 • NA SNOWMASS CLUB EMPLOYEE HOUSING MINOR PUD AMENDMENT SUPPLEMENTAL INFORMATION PROVIDED BY APPLICANT OCTOBER 19, 2009 IN RESPONSE TO TOWN COUNCIL COMMENTS AND CONCERNS) FOR CONSIDERATION WITH ORDINANCE 09-14 AT TOWN COUNCIL MEETING 11-02-09 ct Dalla Bette Dana IZECT'll Mts' From: Della Betta, Dana Sent: Thursday, October 15, 2009 12:50 PM OCT 1 9 2 9To: Jim Wahlstrom; Schuster, Don Cc: BELLACK, DAVE Snowmass vd age Subject:RE: S'mass Club Employee Housing Cc m unity Development Attachments: SMC Bargain and Sale Deed 1% (00141686.2).DOC; Employee Pousing Restrictive Covenant (00139977-5).DOC; Photo 2.jpg; smc parking.JPG; smc parking overall site plan.JPG Dear Jim, Please see the attached documents for submittal to Town Council: Draft- Bargain and Sale Deed Draft- Employee Housing Restrictive Covenant-we included the total square footage of the employee housing unit (2,872 SF) instead of the square footage which would be provided as mitigation credit as the covenant refers to the whole of the 10 bedroom unit, not the credit associated. I assumed the credit could be addressed_' instead in the ordinance. If you'd like to see this changed, please let me know. Site plan and associated detail plan related to adding parking spaces proximate to the Snowmass Club Please let us know if you have any questions or require any further information prior to the Council meeting on November 2nd. I will contact you at the start of next week to schedule a site visit to review the parking further (I can't quite tell the forecast yet). Thank you, Dana From: Jim Wahlstrom [mailto:jwahlstrom @tosv.com] Sent:Tuesday, October 13, 2009 8:31 AM To: Schuster, Don; Dalla Betta, Dana Subject: RE: S'mass Club Employee Housing Don, I forwarded the suggestions below to the Town Attorney's Office this morning to gather their input. I'm not certain that I'll get a response from an email inquiry without draft documents in hand, and it might be better for the applicant to simply submit their proposal on paper for referral and review purposes. If I gather comments in time after a referral, I'll forward to your attention and to Town Council via the staff report. I know that you may be attempting to get feedback ahead of time, but not sure we have the time frame to get that done unless the TC meeting were continued to 11/16. Town staff has early 10-day in advance deadlines to get reports in for TC meetings. Speaking of a site visit, please call to arrange a time for it, preferably on a nice day. Thank you, Jim From: Schuster, Don [mailto:DSCHUSTER @aspensnowmass.com] Sent: Friday, October 09, 2009 11:52 AM To: Jim Wahlstrom; Dalla Betta, Dana Cc: Chris Conrad Subject: RE: S'mass Club Employee Housing t Recording Requested By: Snowmass Club Associates, LLC Upon Recording Return To: Town,of Snowmass Village Housing Department 555 Deerfield Drive Snowmass Village CO 81615 BARGAIN AND SALE DEED SNOWMASS CLUB Assomms,LLC, a Colorado limited liability company, whose address is PO Box 1248, Aspen CO 81612, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to the Town of Snowmass Village Housing Department, whose address is 555 Deerfield Drive, Snowmass Village CO 81615, the following real property in Pitkin County Colorado: a one percent (.01) interest in a portion of Lot 1, Parcel 4, Snowmass Club P.U.D. as more particularly described in the attached Exhibit A, incorporated herein by this reference; together with all appurtenances thereto; and subject to those covenants, agreements and reservations set forth the attached Exhibit B attached hereto and incorporated herein by this reference. Dated: 2009 SNOWMASS CLUB ASSOCIATES, LLC A Colorado Limited Liability Company By: Aspen Skiing Company, L.L.C., A Colorado Limited Liability Company By: David E. Bellack Senior Vice President 100141686.DOC/2121 STATE OF COLORADO ) ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this _day of 2009, by David E. Bellack, as Senior Vice President of Aspen Skiing Company, L.L.C., as sole Member of Snowmass Club Associates, LLC. My commission expires Witness my hand and official seal. Notary Public AGREED AND ACCEPTED subject to those covenants, agreements and reservations set forth on Exhibit A attached hereto and incorporated herein by this reference. TOWN OF SNOWMASS VILLAGE HOUSING DEPARTMENT By: Joe Coffey STATE OF COLORADO ) ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me 200_,by Joe Coffey, as of the Town of Snowmass Village Housing Department. My commission expires Witness my hand and official seal. Notary Public 100141686.1)OC/2121 Exhibit A to Bargain and Sale Deed Exhibit A will be provided post project completion and will include a survey of Parcel 4/Lot 1 and the newly constructed employee housing unit to further clarify the 1% ownership interest. Exhibit B to Bareain and Sale Deed 1.The Town's ownership of a one percent interest in a portion of Lot 1 as shown in Exhibit A ("Lot 1") only gives the Town the right to enforce the covenants and restrictions contained in the Employee Housing Restrictive Covenant(Lot 1) recorded as Reception No. . I in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Housing Agreement"). 2.The record owner of the remaining interest in Lot 1 shall have full right and authority to manage, lease or mortgage Lot 1 from time to time to any person and on any terms the owner may consider appropriate, provided that any such lease or mortgage shall be subject to the Town's one percent ownership interest in Lot 1 for purposes of enforcement of the Housing Agreement. Any lease of the employee housing rental units on Lot 1 shall be subject to the terms and conditions of the Housing Agreement, and with respect to such leases, the record owner of the remaining interest in Lot I shall not be obligated to obtain the prior written consent or approval of the Town of Snowmass Village, Colorado. Any other lease will require the prior written consent or approval of the Town of Snowmass Village, Colorado, which consent or approval will not be unreasonably withheld or delayed. Any mortgage or deed of trust proposed by the record owner of the remaining interest in Lot 1 will require the prior written consent or approval of the Town of Snowmass Village, Colorado, which consent or approval will not be unreasonably withheld or delayed. 3.The record owner of the remaining interest in Lot 1 shall be obligated to maintain in force and effect at all times casualty insurance on Lot 1 in the amount of the full insurable value of Lot 1 from time to time, and to provide evidence of such insurance coverage to the Town upon request. 4.The Town shall have no liability to third persons arising solely out of its ownership interest in Lot 1, and the record owner of the remaining interest in Lot 1 hereby agrees to indemnify, defend and hold harmless the Town from and against any and all claims, liabilities, damages, costs and expenses that the Town may suffer or incur arising solely out of its ownership interest in Lot 1. 5.The Town shall be obligated to re-convey its one percent interest in Lot 1 to the then-record owner of the remaining interest in Lot 1 if and when the Colorado legislature passes a law that legalizes the imposition of rent restrictions in the manner set forth in or a manner similar to that set forth in the Housing Agreement. This obligation shall remain effective for the period of the lives of David E. Bellack and Mike Kaplan and their now living children plus 21 years. Upon any such re-conveyance, Lot 1 shall remain subject to the terms and provisions of the Housing Agreement. 6.The Town shall have the unilateral right (i) to convey its interest in Lot 1 to a housing authority if one is ever formed by the Town, and/or(ii) to re-convey its interest in Lot 1 to the record owner of the remaining interest in Lot 1. Otherwise, the Town shall not transfer or encumber its interest in Lot 1. 100141686.DOC/2 2 7.These covenants and restrictions shall be binding upon and inure to the benefit of record owner of the remaining interest in Lot 1 and the Town of Snowmass Village, Colorado and their respective successors and assigns, and shall be deemed covenants running with the title to Lot 1. 100141686.DOC 1 2121 Recording Requested By: Snowmass Club Associates, LLC Upon Recording Return To: David E. Bellack Aspen Skiing Company P.O. Box 1248 Aspen CO 81612 EMPLOYEE HOUSING RESTRICTIVE COVENANT SMC Parcel 12,Lot 1) THIS COVENANT(the "Agreement") is made and declared by SNOWMASS CLUB ASSOCIATES,LLC, a Colorado limited liability company, whose address is PO Box 1248, Aspen CO 81612, hereinafter referred to as "SCA", for the benefit of the Town of Snowmass Village, Colorado, a home rule municipal corporation, hereinafter referred to as the "Town." WITNESSETH: WHEREAS, SCA is the owner of certain real property situate in the Town of Snowmass Village, County of Pitkin, State of Colorado located on Parcel 12, Snowmass Club Replatting of Parcel 4 and Parcel 12 filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado in Plat Book 52 at Page 79 (the "SCA Propertv'"); WHEREAS, in conjunction with the approval of Ordinance No. _, Series of 2009, SCA (the "Owner") offered and agreed to restrict the use of a portion of Lot 1, Parcel 4 of the SCA Property to the sole use of employee housing, which portion of Lot 1 is depicted on the attached Exhibit A, incorporated herein by this reference; and WHEREAS, Owner has offered and agreed that the beneficiary of the restriction on use is the Town; and WHEREAS, Owner desires to restrict the use of a portion of said Lot I for the benefit of the Town on the terms and conditions as hereinafter set forth; WHEREAS, the development project consists of 10 employee housing bedrooms each a "Unit" and collectively the "Units") and associated common areas and bathrooms with a minimum square footage of 2,872 s.f. located on the second floor of a portion of the Snowmass Club on the SCA Property, with no free market housing (the "Proiect") and no parking; 100139977.DOC/51 1 NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other good and valuable consideration, the receipt and adequacy of which are acknowledged by Owner, Owner hereby covenants as follows: 1. Seasonal Housing. Aspen Skiing Company employees who work in the Town will have primary use rights for the seasonal housing Units in the Project. If seasonal housing beds are available after the primary use rights of the Aspen Skiing Company have been accommodated, the seasonal housing beds will become available to any Town employee on a seasonal basis pursuant to the Town Housing Office Policies and Procedures as may be in effect from time to time. 2. Additional Restrictions. The Project and priority for availability of seasonal housing within the Project shall also be restricted to: (i) employees within the Town; (ii) employees within Pitkin County, Colorado; and then (iii) other employees, such as but not necessarily limited to, employees or students of profit or nonprofit organizations, provided they are not housed for short-term occupancy. 3. Enforcement. If Owner is in default in the performance of Owner's obligations, the Owner shall have the right to cure said default within thirty (30) days after written notice is given by the Town to the Owner specifying the nature of the default. If the Owner does not timely cures such default after written notice is given from the Town to the Owner, then the Town shall be entitled to seek such relief as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs involved in any such action, including reasonable attorney fees and costs of suit. Any written notice required to be given to Owner shall be given by first class mail, postage prepaid, to the following addresses: If to SCA: Paul Cherrett SNOWMASS CLUB ASSOCIATES,LLC P.O. Box 1248 Aspen, Colorado 81612 With a copy to: David E. Bellack, Senior Vice President ASPEN SKIING COMPANY P.O. Box 1248 Aspen, Colorado 81612 Owner may notify the Town in writing of any change in address to which notices to the Owner shall be given. Town may notify the Owner in writing of any change in address to which notices to the Town shall;be given. 4. Amendment. This Agreement and any exhibits may only be amended by written instrument signed by the Town and the Owner. 100139977.DOC/51 2 5. Binding. This Agreement shall be binding upon and inure to the benefit of the Town and the Owner, and their respective successors and assigns. 6. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties on the subject matter dealt with herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. Any modification or amendment must be in a written form and executed in the same manner as this Agreement. IN WITNESS WHEREOF, Owner has caused this Employee Housing Restrictive Covenant to be signed by its Member. SNOWMASS CLUB ASSOCIATES, LLC By: Aspen Skiing Company, LLC, By: David E. Bellack Senior Vice President STATE OF COLORADO ) ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this_day of 2009 by as for Aspen Skiing Company, as sole Member of Snowmass Club Associates, LLC. WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires: Notary Public 00139977.DOC/51 3 w r a I J I I a Y M i.. a 02008 Europa Tec hnolupiru I It,. r 70. 2001 EY•• k' y 3 ilia. 4"" 9 j, prel bad Ohl Z— rrun. wy7i a? r. rww- eh. e u a. aed• soa I i}++_.,-,`- • r). n. n p yau- . urrs. ra sca oeow. 60 I —_-- N. cw Cau. 4e d nut ply ilia k • w4a ran L, ._ Nouva Cse 6" dI'- M i— A46Q& two. roc+) I t I s cra 13]) - `!- l.t...} C. rA: Uod- P r( gpl :. I-.. 12, y ie r. rMY i