Loading...
11-17-14 Town Council PacketsSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING NOVEMBER 17, 2014 1. 4:00 P.M. CALL TO ORDER AND ROLL CALL OLD BUSINESS 2. PROCLAMATIONS AND PRESENTATIONS: None at this time 3. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved by a roll call vote. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. RESOLUTION NO. 36, SERIES OF 2014 — A RESOLUTION APPROVING THE INITIAL 2015 BUDGET FOR THE PITKIN COUNTY' /2 CENT TRANSIT SALES AND USE TAX ACTION REQUESTED OF COUNCIL: Approval of Resolution No. 36, Series of 2014 - -David Peckler .. ............................... ...........................Page 5 B. Minutes — A request to approve the minutes from: • September 22, 2014 — Regular Meeting • October 06, 2014 — Regular Meeting • October 20, 2014 — Regular Meeting ........................Page 10 TOWN COUNCIL WILL TAKE A SHORT BREAK AT THIS TIME NEW BUSINESS 4. CALL TO ORDER AND ROLL CALL A. Clerk to administer Oaths for Mayor and New Council Members 5. PROCLAMATIONS AND PRESENTATIONS: 11- 17 -14tc Agenda Page 2 of 4 A. RESOLUTION NO. 39, SERIES OF 2014- A RESOLUTION EXPRESSING APPRECIATION TO JASON HABER FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE TOWN COUNCIL ACTION REQUESTED OF COUNCIL: Approval of Resolution No. 39, Series of 2014 - -Mayor Butler ... ............................... ...........................Page 29 B. RESOLUTION NO. 38, SERIES OF 2014- A RESOLUTION EXPRESSING APPRECIATION TO BILL BOINEAU FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE TOWN COUNCIL, SNOWMASS VILLAGE PLANNING COMMISSION, LIQUOR LICENSING AUTHORITY AND MAYOR OF THE TOWN OF SNOWMASS VILLAGE ACTION REQUESTED OF COUNCIL: Approval of Resolution No. 38, Series of 2014 - -Mayor Butler .. ............................... ...........................Page 30 C. ASPEN SKIING COMPANY SEASONAL UPDATE (Time: 40 Minutes) ACTION REQUESTED BY COUNCIL: Listen to presentation and provide questions or comments. • Mike Kaplan, President /CEO — Introductory Remarks • David Perry, Senior VP, Mt Division — Business Overview • Steve Sewell, GM Snowmass Mountain — Snowmass Ops /Summer - -Mike Kaplan .. ............................... ...........................Page 32 6. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comment by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 7. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved by a roll call vote. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 11- 17 -14tc Agenda Page 3 of 4 A. REVIEW DRAFT AGENDAS FOR: December 1, 2014 — Regular Meeting December 8, 2014 — Special Meeting December 15, 2014 — Regular Meeting ....................Page 33 B. REVIEW OF CALENDARS 1) December 2) January 3) February ....... ............................... ...........................Page 40 C. Update to Town Council on Staff Decision Regarding Implementation of the Securities and Exchange Commission's Municipalities Continuing Disclosure Cooperative Initiative - -John Dresser .......... ............................... ...........................Page 43 8. PUBLIC HEARINGS QUASI- JUDICIAL HEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi - judicial capacity. When acting as a quasi - judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi - judicial must limit its consideration to matters which are places into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 1) Staff Presentation. Staff will present an overview of the project, comments and reports received from review agencies, and offer a recommendation. 2) Applicant Presentation. The petitioner is asked to present the proposal. Presentations should be brief and to the point and cover all of the main points of the project. 3) Public Input (limit of 5 minutes per person). People speaking should step up to the microphone and state their name and address. Speakers should be to the point and try not to repeat the points of others have made. 4) Applicant Rebuttal. The Mayor will ask for the applicant's rebuttal. During this brief time, the applicant should answer the questions raised by the public. 5) The hearing is then closed to public comments. 6) Questions from the Council. After a Council member is recognized by the Mayor, they may ask questions of the staff, the applicant. 7) Make a motion. A member of the Town Council will make a motion on the issue. 8) Discussion on the motion. The Town Council may discuss the motion. 9) Vote. The Town Council will then vote on the motion. A. RESOLUTION NO. 37, SERIES OF 2014 — A RESOLUTION CONCERNING WAIVERS AND /OR DEFERRALS OF SKETCH PLAN REQUIREMENTS AND CERTAIN PRELIMINARY PLAN 11- 17 -14tc Agenda Page 4of4 REQUIREMENTS FOR A MAJOR PUD AMENDMENT REGARDING BASE VILLAGE. (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Town Council is being asked to consider a resolution to allow the Snowmass Acquisition Company, LLC to waive the Sketch Plan step for their Major PUD Amendment, along with other submittal requirements, and the deferral of other submittal requirements until Final PUD submission - -Julie Ann Woods, Community Development Director ........... Page 50 9. PUBLIC HEARINGS: No Policy Related Hearings 10. ADMINISTRATIVE ITEMS: A. 2015 HOUSING RENOVATIONS — PRESENTATION OF CREEKSIDE APARTMENTS /BUILDINGS 100, 200, 900, 1000 &1100 SCHEMATIC DESIGN AND CONSTRUCTION AND COST ESTIMATE (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: The Housing Department is requesting Councils approval to proceed with the Design Development phase, based on the Schematic Design and Construction Cost Estimate presented today. - -Joe Coffey, Housing Director ........ ...........................Page 72 B. Possible Action to set a Meeting Date to Discuss the potential assignment of the Krabloonik Lease and Purchase Option. - -John Dresser .......................... ............................... Page 86 C. Update to the Town Council regarding pending litigation between the Town and Richard C. Goodwin. -- John Dresser ............................. ...........................Page 98 11. TOWN COUNCIL REPORTS AND ACTIONS A) Discuss Process to Fill Town Council Vacancy....... Page 99 B) Nominate a Mayor Pro- Tem .... ...........................Page 101 C) Reports /Updates 12. ADJOURNMENT AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: Resolution No. 36, Series of 2014 — Elected Officials Transportation Committee's Proposed 2015 Sales and Use Tax Budget Presented By: David Peckler, Transportation Director Core Issues: Staff requests Council's approval of Resolution No. 36, Series of 2014 to adopt the initial 2015 Elected Officials Transportation Committee budget for the Pitkin County 1/2 Cent Sales and Use Tax. Description: The Aspen City Council, Pitkin County Commissioners and Snowmass Village Town Council met together as the Elected Officials Transportation Committee ( "EOTC ") on October 16, 2014. The proposed 2015 budget for the 1/2 -cent transit sales and use tax was approved by the EOTC at that meeting, see the Resolution's attachment. The Proposed 2015 budget summary: Total 2015 Revenues $ 5,634,000 Total 2015 Expenditures $ 8,558,107 Annual Surplus (Deficit) $ (2,924,107) Cumulative Surplus $ 6,761,221 The following items in the 2015 budget were approved separately at the EOTC meeting: 1. $15,000 increase in the contribution for transportation associated with X -games (from $100,000 to $115,000). 2. $69,758 increase in the subsidy paid to RFTA for the No -Fare Aspen, Snowmass and Woody Creek bus service. 3. $2.9 million for the Rubey Park Transit Center remodel to be funded from the Savings Fund for the Aspen Area. Financial Impact: Cumulative Surplus for the EOTC is now at $6,761,221 Council Options: Approved the Resolution Amend the Resolution and Approve it Do Not Approve the resolution Staff Approve the resolution. Recommendation: 1 -17 -14 TC Packet I TOWN OF SNOWMASS VILLAGE 2 3 RESOLUTION NO. 36 4 SERIES OF 2014 5 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 7 COLORADO, APPROVING THE INITIAL 2015 BUDGET FOR THE PITKIN COUNTY 1/2 8 CENT TRANSIT SALES AND USE TAX 9 10 WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and 11 the Pitkin County Board of County Commissioners (the "Parties ") have previously 12 identified general elements of their Comprehensive Valley Transportation Plan (the "Plan ") 13 which are eligible for funding from the Pitkin County one -half cent transit sales and use 14 tax; and 15 16 WHEREAS, by intergovernmental agreement dated September 14, 1993, the 17 Parties agreed: 18 19 a. To conduct regular public meetings as the Elected Officials Transit Committee 20 ( "EOTC ") to continue to refine and agree upon proposed projects and 21 transportation elements consistent with or complimentary to the Plan; and 22 23 b. That all expenditures and projects to be funded from the County -wide one -half 24 cent transit sales and use tax shall be agreed upon by the Parties and 25 evidenced by a resolution adopted by the governing body of each party; and 26 27 WHEREAS, at the EOTC meeting held on October 16, 2014, the Parties 28 considered and approved the attached initial 2015 budget for the Pitkin County one -half 29 cent transit sales and use tax; and 30 31 WHEREAS, the Town of Snowmass Village Council now desires to ratify the 32 budget approval given at the EOTC meeting by adoption of this resolution. 33 34 NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of 35 Snowmass Village, Colorado, that the attached initial 2015 budget for the one -half cent 36 transit sales and use tax is hereby approved as summarized below: 37 38 Total 2015 Revenues $ 5,634,000 39 Total 2015 Expenditures $ 8,558,107 40 41 READ, APPROVED, AND ADOPTED by the Town Council of the Town of 42 Snowmass Village, Colorado on the 17th day of November, 2014, upon a motion made by 43 Council Member , the second of Council Member 44 , and upon a vote of in favor and opposed. 45 46 47 11 -17 -14 TC Packet 6 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 14 -26tc Reso Page 2 of 2 APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Rhonda Coxon, Town Clerk TOWN OF SNOWMASS VILLAGE 11 -17 -14 TC Packet 7 EOTC BUDGET AND MULTI -YEAR PLAN EOTC Transit Project Funding Initial Actual Budget Budget Plan Plan Plan Plan 2013 2014 2015 2016 2017 2018 2019 FUNDING SOURCES: a) Pitkin County 1/2% sales tax 4,185,934 4,433,000 4,665,000 4,888,000 5,059,000 5,236,000 5,419,000 b) Pitkin County 1/2% use tax 613,034 878,000 918,000 946,000 974,000 1,003,000 1,033,000 c) Investment income & misc. 41,522 56,000 61,000 149,000 290,000 366,000 420,000 Total Funding Sources 5,040,490 5,367,000 6,634,000 5,983,000 6,323,000 6,605,000 6,872,000 FUNDING USES: {) Use tax.colfection costs � - 46 874 111788 86100 87 863 90,283 92 991 95 781; 2) Adminlstfative cost alloca2ton & meeltng cdsfs ' 18 725 18 827 17 937 18 475. 19 029 19 BDO 26188 2a} � Planning relreai. s 6 800 r -. .: � 3} Cali nde m I)ett of btis sto�1 safet�imprvs ` 5,527 8 000 10 000 10 300. 1D 809 � pr92T 11 265= 4� X Galitaslranstt aubsirly, 100 000 100 000 116 000 1 15 000' 115 OOp f15 000 115 000+ 5} BrusF1 Gree)4 ltliejcept Lot operabDg costs '16 057 35 000 36 000 37r,OBD 38192. 39 398 " 40 51 B � 6) RFTA:oontnbution:(81 04°/a of 112f %sales tax} � 3,392281 3 592 503 3 772,412 3961 235 4 099 814 4 243 25q q 391 558 7) No fareAapen Snowlpaes Woody Greek busservice year round `651 900 551 900 551 900 551 9DD 551 900? 8) Nc4are bus service winter, spnng, fall 478,148 476,211 - 9) No -fate bus service - summec(funded from Snowmess'Villege Savings) 75,689 75,689 D a $s an:saos s Q 025 DDD ti jAA6 ped$ Dross ng des 9p& eginneeg 525pkadva ceditptnAsp$n Save s 12bj d�esEgn�,l�$nd Use.& �-�nal p$m)It�inp� -�� 13 Re tonal Travel Pa$ems stud 30,000 Total Uses 6,383,237 5,104,826 8,668,107 4,914,122 5,120,026 5,277,970 5,441,407 EOTC ANNUAL SURPLUS /(DEFICIT) (1,342,747) 262,174. (2,924,107) ' 1,068,878 1,202,974 1,327,030 .1;430,583 wEO.T_C CUMULNATIVE `S_URPLEUSiFUND1BALANCE'`" ;a' `ra y_,`i3,�s�ra „aa •9;42315' ,� ....91885; 828`, .;:6;761,221,:4,;; "7;830)A00 .. ,- ":9;033;073 - -'; 10,360,j04 Revenue orolecrlons: a) sales tax 7.0% 5.9% 5.0% 5.0% 3.5% 3.5% 3.5% b) use tax 3.6% 8.0% 4.5% 3.0% 3.0% 3.0% 3.0% c) investment earnings rate 0.5% 0.5% 0.6% 2.2% 3.7% 4.1% 4.1% DISTRIBUTION OF ANNUAL SURPLUS 976,893 1,068,878 1,202,974 :. .1,327,030 1,430,593 25% to Snowmass Village Savings until restored to 56,278,787 243,973 267,220 300,743 263,047 - remainder to Aspen Savings 731,920 801,659 902,230 1,063,983 1,430,593 10=014 11 -17 -14 TC Packet 8 15 EOTCx1,x EOTC BUDGET AND MULTI -YEAR PLAN Annual Surplus to be allocated Actual Budget Budget Plan Plan Plan Plan Savings Fund for Snowmass Village Area 2013 2014 2015 .2016 2017 2018 2019 less summer no- fare service (75,689) (75,689) 813,034 878,000 918,000 946,000 974,000 1,003,000 1,033,000 less 12 of advance to capital pool (1,022,860) 290,000 366.DO0 ern nnn (650.0001 13.900.0001 plus reimbursement of advance to capital pool - - 243,973 267,220 300,743 263,047 Savings Fund for Snowmass:Village Area , 5,279,493 .:'5,203,804 5,447,777 -_ :.:5,714,997 <:.6,015,740 -.:: 6,278,787.. .6,278,787. Annual Surplus to be allocated Actual Budget Budget Plan Plan Plan Plan Calculation of amount allocated to Savinas Fund for Aspen Area 2013 2014 2015 2018 20iZ 2018 958,716 1,074,983 Annual surplus remaining after reimbursement of advances - _ -- �- _- 2019 Atkin County 1/2% sales tax 4,185,934 4,433,000 4,655,000 4,888,000 5,059 000 5,236,000 5,419,000 Pitkin County 12% use tax 813,034 878,000 918,000 946,000 974,000 1,003,000 1,033,000 Investment income & misc. 61,000 149,000 290,000 366.DO0 ern nnn Annual Surplus to be allocated 1,419,504 1,438,074 975,893 1,068,878 1,202,974 1,327,030 1,430,593 Annual 2/3's allocation to Aspen Savings through 2014 946,336 958,716 1,074,983 Annual surplus remaining after reimbursement of advances - _ -- �- _- remaining balance to reimburse Aspen Savings for advance to capital pool 1,074,983 - 274,265 902,230 1,063,983 1,430,593 plus reimbursement for $250,000 pedestrian crossing funding 36,542 29,147 184,311 - - _ less 12 of advance to capital pool (1,022,860) - - - - _ - plus reimbursement of advance to capital pool - - 547,609 527,374 less Rubev Park funded from Aspen Savinas (204.216) (650.0001 13.900.0001 Actual Budget Budget Plan Plan Plan Plan Advances from Aspen and Sngwmass Viliaae Savinas Funds .. 2013 2014 20j5 2016 2017 2018 2019 ,;,�' remaining balance to reimburse Snowmass Savings for advance to capital pool 1,074,983 1,074,983 831,010 563,790 263,047 - _ -- �- _- remaining balance to reimburse Aspen Savings for advance to capital pool 1,074,983 1,074,983 527,374 - - remaining balance to reimburse Aspen Savings for 2011 -12 $250,000 advance 213,458 184,311 -1- onager .�;. ;�`;. ... rte. w-� �. y;,'� „s -' R>.;...- Calcilatton of arno nY�Ildca %d to tlTscretionanrfantlfna 1fiI%AafBr 20111 4 �1 204 r� ` %�m EOTC ANNUAL SURPLUS (after funding operations) (1,342,747) 262,174 less annual 2/3's allocation to Aspen Savings through 2014 (946,336) (958,716) plus advance for capital projects pool 2,045,720 - plus Rubey Park planning funded from Aspen Savings 204,216 650,000 plus summer no -fare bus service funded from Sowmass Village Savings 75,689 75,689 Remaining annual discretionary funding 36,542 29,147 less reimbursement to Aspen Savings for $250,000 ed crossing funding 36 542 29,147 Net annual discretionary fundino after reimbursements - - 10222014 11 -17 -14 TC Packet 9 15 EOTC.xlsx I SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 SEPTEMBER 22, 2014 4 5 CALL TO ORDER AT 400 P.M. 6 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 8 Council on Monday, September 22, 2014 at 4:02 p.m. 9 10 A complete live recording of this meeting can be found at www.tosv.com under Town 11 Council Meetings. This will be archived indefinitely allowing you to view at any time. 12 13 14 Item No. 1 ROLL CALL 15 COUNCIL MEMBERS Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and PRESENT: Chris Jacobson. 16 COUNCIL MEMBERS All council members were present. ABSENT: 17 Council Member Jacobson arrived at 4:07 p.m. 18 19 STAFF PRESENT: Clint Kinney, Town Manager Marianne Rakowski, Finance Director; John Dresser, Town Attorney; Kelly Vaughn, Communications Director, Brian Olson, Chief of Police; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Gary Roseneau, Jeff Jandegian, Jane Head, Jeff Head, Marueen John Lewis, William Jobe, Greg Rulon, Jim Korpela, Steve Alldridge, Tom Goode, Norm Clark, Hilda Clark, Cherrie Ziegler, Doug Ziegler, Linda Koones, Don Schuster, Mary Griffin, Tag Liebel, Kim Hartman, Rick Griffin, Dwayne Romero, Bob Hollenbach, Jerome Simeck, Steve Sewell, Scott Calliham, Gert VanMorsel, Mark Vogele, Randall Bone, Nancy Shapiro, Andrew Light, Jill Beathard and other members of the Public interested in items on today's Agenda. 20 21 22 Item No. 2 PUBLIC NON - AGENDA ITEMS 23 24 William D. Jobe a resident of 152 Antler Ridge Lane in Snowmass Village is requesting 25 that Snowmass Village change the current law for some trails within Snowmass Village 26 to allow dogs to be off leash. He spoke specifically the Ditch Trail and to using signage 11- 17 -14TC Packet 10 09- 22 -14TC Minutes Page 2 of 6 27 to advise that the trail is an off leash trail. This would need to be an Ordinance to 28 change within the Town limits. Council directed staff to put this on a future agenda. 29 30 Item No. 3 COUNCIL UPDATES 31 32 Council Member Butler spoke to the Community Health Board is looking into the Ebola 33 Virus. 34 35 Item No. 4 BRUSH CREEK/WOOD ROAD ROUNABOUT UPDATE 36 37 Public Works Director Ann Martens introduced Town Engineer Dean Gordon from SGM, 38 Traffic Engineer Lee Barger of SGM, Yancy Nichol of Sopris Engineering and Vice 39 President of Related Construction Jack Donavan. She stated that this is an update on 40 the Brush Creek/Wood Road Roundabout design for the last year. The developer is 41 planning on turning in final construction designs by October 1, 2014. Dean Gordon 42 provide a brief history of the roundabout, with the construction of Base Village it was 43 made very clear that no red lights or four lanes of traffic were not acceptable to 44 residents. This began the birth of the roundabout. He provided the design and 45 reviewed the constraints which included, the Conoco, the Point site and wetlands 46 boundary. He stated his job going forward is to eliminate the conflicts and mitigate as 47 best as possible. The current grades are very challenging and many competing interest 48 which include traffic movements, transit needs, pedestrian concerns, busses, people 49 who have never been here and employees getting on and off buses. From a design 50 standpoint there are alot of needs and issues and we are trying to recognize and 51 address everyone's needs for a very complex situation. 52 53 At this time Yancy Nichol spoke to all the restraints of the site, he noted first it is an oval 54 not a round site. Another challenge is provide two accesses to the Conoco site and 55 to accomplish that they will need to cut into the point site which is Town Land to provide 56 one from Brush Creek and one on Upper Kearns. He then reviewed the landscape 57 plan and the grading issues which is still being refined. He pointed out the contours and 58 the grade of the roundabout, because of buses this needs to be a three or four percent 59 grade. He noted that roundabouts are all about right hand turns and eliminating left 6o hand turns. 61 62 Town Council commented at this time: 63 64 Council Member Butler inquired about overpass or underpass for pedestrians. She sees 65 this as a huge public safety issue. Transportation Director David Peckler responded. 66 67 Public Works Director Anne Martens spoke to the retaining wall options of 20 foot 68 retaining walls and the 6 to 12 feet retaining walls, or the third option of no retaining 69 wall. No retaining wall would impact the Point site more than the retaining wall 70 options. Staff recommends the 6 to 12 feet retaining wall. The realignment and the wall 71 is impacting the Point site by 7,000 square feet. 11 -17 -14 TC Packet 11 09- 22 -14TC Minutes Page 3 of 6 72 73 Town Council took Public Comment at this time: 74 75 Jeff Head a resident of Snowmass Village and part owner of the Snowmass Conoco 76 stated that a left hand turn into the station from Brush Creek Road is need and he also 77 noted that the station is losing 8 vehicle spots and he asked that the Council please 78 consider the least amount of impact to station as possible. He thinks this need more 79 work needs to be done. He reminded everyone that when this roundabout was 8o planned and the Station was not supposed to be there they were to be at the Entry 81 Way. The roundabout configuration could make or break the Station's future. 82 83 Jeff Jandegian part owner of Snowmass Conoco gas station stated there are flaws in 84 this design. He noted that a left turn is very important to their business, they have 85 public restrooms and they are also used as an information center. The engineers said it 86 just needs to fit the site, and he noted that there is concern about crosswalks in 87 roundabouts. He also stated taking parking spots is a huge concern to the Station. 88 89 Gary Rosenau a long time resident of Snowmass Village spoke to the need of 90 Snowmass Conoco and their services, especially the tow trucks which are critical to the 91 community an our guests. They would like to stay in business and he would also like 92 them to stay in business. 93 94 The Town Engineer Dean Gordon spoke to the impact on the Point Site and 95 the discussion ended with comments from Public Works Director Anne Martens in 96 regards to the next steps. Council also asked that more detailed information on the 97 Point Site impact come back to Council. 98 99 Item No. 5 SNOWMASS ICE AGE DISCOVERY CONCEPT PLAN AND FEASIBILITY loo STUDY 101 102 Tom Cardamome and John Rigney presented the Concept Plan and Feasibility Study 103 produced by Amaze Design in collaboration with Barrie Projects and Algonquin 104 Advisors. They noted that this project began in May of 2014 with generous funding 105 ($25,000) from the Town of Snowmass Village and additional funding from private 106 contributions. At this time they reviewed the Executive Summary from this group and 107 then the conclusion of the concept. The next steps were also discussed. 108 1o9 Item No. 6 RESOLUTION NO. 31, SERIES OF 2014 - A RESOLUTIONOF THE TOWN 110 COUNCIL OF THE TOWN OF SNOWMASS VILLAGE AUTHORIZING THE 111 EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE FINANCIAL 112 SUPPORT OF THE COLORADO WEST REGIONAL MENTAL HEALTH CENTER DBA 113 MIND SPRINGS HEALTH DETOX CENTER OPERATED IN PITKIN COUNTY 114 115 Chief of Police Brian Olson stated that this Resolution allows entering into an 116 Intergovernmental Agreement for the Financial Support of the Colorado Regional 11 -17 -14TH Packet 12 09- 22 -14TC Minutes Page 4 of 6 117 Mental Health Center doing business as Mind Springs Health Detox Center operated 118 within Pitkin County. He noted that entering into this agreement will provide detox 119 services for the Town of Snowmass Village population. 120 121 Markey Butler made the motion to approve Resolution No. 31, Series of 2014 entering 122 into and IGA for financial support for providing detox services. Fred Kucker seconded 123 the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 124 125 Voting Aye: Jason Haber, Fred Kucker, Markey Butler, Bill Boineau, and Chris 126 Jacobson. 127 128 Voting Nay: None. 129 Item No. 7 PUBLIC HEARING - SECOND READING OF ORDINANCE NO. 3,SERIES 130 OF 2014 - AN ORDINANCE REGARDING A MINOR PUD AMENDMENT TO BASE 131 VILLAGE INVOLVING REQUESTED VESTED RIGHTS EXTENSION, AND 132 COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS, AND TIMEFRAME FOR 133 COMPLETION OF CERTAIN PRIVATE IMPROVEMENTS 134 135 At 6:40 p.m. Mayor Boineau opened the Public Hearing which was continued from 136 August 18, 2014 Council Meeting. 137 138 Council Member Kucker stated that this is supposed to be the second reading of 139 Ordinance No. 3, Series of 2014, but due to the amount of redlines and changes for the 14o documents that have been submitted for this meeting he does not feel he can make a 141 decision at this time. Council Member Butler agreed. 142 143 Mayor Boineau stated that the Council is not comfortable making a decision on this 144 application today, and would like to table or continue this item to a future meeting. 145 Dwayne Romero stated that he appreciates the staffs continued work and participation 146 and would hope that a vote could be made at the October 6, 2014 meeting. Council 147 Member Haber asked that the applicant provide staff with all documents required in 148 advance of the meeting for second reading. 149 150 Markey Butler made the motion to approve continuing the Public Hearing and second 151 reading of Ordinance No. 3, Series of 2014, to the October 6, 2014 meeting at 4:00 152 p.m. Fred Kucker seconded the motion. The motion was approved by a vote of 5 in 153 favor to 0 opposed. 154 155 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 156 Jacobson. 157 158 Voting Nay: None. 159 Item No. 8 AGENDA FOR NEXT TOWN COUNCIL MEETING * October 6, 2014 - Regular Meeting 11 -17 -14 TC Packet 13 09- 22 -14TC Minutes Page 5of6 • October 20, 2014 - Regular Meeting • November 17,2014 - Regular Meeting 160 Council and staff reviewed the future Council agendas and noted that the 161 EOTC Meeting will now be in Snowmass Village in the Town Council Chambers from 162 2:00 p.m. to 4:00 p.m. and the Candidate Forum sponsored by Aspen Journalism will be 163 the same day October 16, 2014 in the Council Chambers at 5:30 p.m. 164 165 Item No. 9 MANAGER'S REPORT 166 167 Town Manager Clint Kinney spoke to his Friday weekly updates that he will send out 168 covering various issues. He stated that per prior discussion with the Council he will be 169 changing the Council agendas slightly and the changes will be reflected in the upcoming 17o agendas. 171 172 Item No. 10 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS • September • October • November 173 174 At this time the Council officially welcomed Town Manager Clint Kinney to his first 175 Council Meeting. 176 177 Item No. 11 EXECUTIVE SESSION: 178 179 Council did not convene into Executive Session 180 181 Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) 182 and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss 183 one item: 184 185 a) Conferences with an attorney for the purposes of receiving legal advice on 186 specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass 187 Village Municipal Code Section 2- 45(c)(2); 188 189 Provided, there is an affirmative vote of two - thirds of the quorum present 190 at this meeting to hold an Executive Session and for the purposes of 191 considering item (a) above. Provided further, that no adoption of any 192 proposed policy, position, resolution, regulation, or formal action shall 193 occur at this Executive Session. 194 195 196 Item No. 12 ADJOURNMENT 11 -17 -14 TC Packet 14 197 198 199 200 201 202 203 204 205 206 207 209 210 211 212 213 09- 22 -14TC Minutes Page 6 of 6 At 7:15 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, September 22, 2014. Chris Jacobson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Submitted By, Rhonda B. Coxon, CMC Town Clerk 11 -17 -14 TC Packet 15 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 OCTOBER 6, 2014 J, CALL TO ORDER AT 410 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town s Council on Monday, October 6, 2014 at 4:10 p.m. 9 10 Item No. 1 ROLL CALL 11 12 13 14 15 COUNCIL MEMBERS Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and PRESENT: Chris Jacobson. COUNCIL MEMBERS None ABSENT: STAFF PRESENT: Clint Kinney, Town Manager; Marianne Rakowski, Finance Director, John Dresser, Town Attorney; Kelly Vaughn, Communications Director; Julie Ann Woods, Community Development Director; Andy Worline, Recreation Center Director, Rhonda B. Coxon, Town Clerk and Anne Martens, Public Works Director. PUBLIC PRESENT: Jeff Jandegian, Cathy Jandegian, Gary Rosenau, Richard Goodwin, Jeff Head, Paul Fee, Steve Alldredge, Don Upper, Pike Peterson, Lisa Price, Stuart Nathan, Joe Krabacher, Greg Rulon, James Herrel, Bob Sirkus, Tom Yocum, Chuck Bond, Don Schuster, Jack Dondvan, Tom Cardamone, Arnie Mordkin, Gert Van Morsel, Stan Clauson, Lisa Vogel, Jerome Simecek, Shawn Gleason, Mary Beth Blake, Bianca Hooker, Gracie Oliphant and other members of the Public interested in today's Agenda items. 16 v Item No. 2 PUBLIC NON - AGENDA ITEMS 1s 19 Gary Roseneau a long time resident of Snowmass Village wanted to remind everyone 20 to get their flu shots this year. Town Clerk Rhonda Coxon noted that flu shots will be 21 available to the public on October 30th in the Town Council Chambers from 3:30 p.m. to 22 6:00 p.m. for $20.00 a shot and $30.00 for the mist. 23 24 Jeff Head a resident of Snowmass Village and part owner of the Snowmass Village 25 Conoco asked that the process please be slowed down and be sure that the current 26 plan is the right plan and to see if a roundabout is actually necessary at this time. He 27 noted that there are a lot of design errors and many people are concerned about the 11 -17 -14 TC Packet 16 10- 06 -14TC Minutes Page 2 of 8 28 access and there are concerns regarding the school bus stop also. He also asked for a 29 Community Public Meeting. 30 31 Paul Fee a nineteen year resident of Snowmass Village, spoke to the discussion of the 32 Gas station which was to be moved to the Entry Way, and it needed to stay where it is, 33 he pointed out the necessity of the gas station to the residents and the visitors of this 34 community. He stated the station is being pushed in this process because they were not 35 supposed to be in this location. He noted there is need for this to be a rush for 36 completion, a failing business is not going to sit wait to see it fails. Don't be steam rolled 37 by this process. 38 39 Bobbie Carson a resident of Snowmass Village is just asking that the public get a 40 chance to see the design before it is actually is approved, on record saying there 41 will definably be a public outreach. 42 43 Tom Yocum with Below 32 and Chuck Bond a resident of Snowmass Village are before 44 Council today to offer two different solutions for the Ice Rink for this year. Bond has 45 been the supporter of the Ice Rink for the last five years and he is asking what the 46 direction of the Town will be this winter season. He spoke to the two options provided 47 to the Council. This item will be placed on the agenda for October 20, 2014. Finance 48 Director Marianne Rakowski will have some projections of how to pay back the loan. 49 5o Richard Goodwin a resident of Snowmass Village on Fair Way Drive and an owner of a 51 unit in Capitol Peak spoke to the Metro District which is an item on today's agenda 52 and the Mayor asked he wait until that item to comment. 53 54 Madeleine Osberger reminded and invited all members of the public to attend the 55 Candidate Forum on Thursday, October 16th in the Town Council Chambers beginning 56 at 5:30 p.m. 57 58 Pike Peterson a resident of Snowmass Village would like to echo the issues that Paul 59 Fee spoke to. He also noted with all the projects facing Town Council please move 60 forward with the building projects. 61 62 Item No. 3 COUNCIL UPDATES 63 64 Council Member Jacobson commented on the continuation of the Public Hearing for 65 Ordinance No. 3, Series of 2014 being at 4:00 p.m. on the Council agenda, and it ends 66 up being later on the Agenda. He hopes those wanting to comment during the Public 67 Hearing will be patient and wait for that item. 68 69 Mayor Boineau asked if the Town of Snowmass Village has an Ordinance in regards to 70 panhandling within Snowmass Village. Council consensus was to bring this back as a 71 discussion item on a future Council agenda. 72 11- 17 -14TC Packet 17 10- 06 -14TC Minutes Page 3 of 8 73 Mayor Boineau noted there is a RFTA meeting on Thursday in Carbondale and he nor 74 Council Member Butler can attend. 75 76 Council Member Haber noted that a lot of storage for the trails department is taking 77 place at the park behind the Rodeo Grounds. There was Council consensus to look into 78 why this is being used for storage and infringing on park space. 79 8o The Council agenda was missing an item 4. 81 82 Item No. 5 NOVEMBER 4 2014 ELECTION UPDATE 83 Town Clerk Rhonda Coxon noted the Pitkin County Clerk and Recorder Janice Vos 84 Caudill called and apologizes that she is not able to attend tonight's meeting and asked 85 if she may be moved to the October 22, 2014 meeting. 86 87 Mayor Boineau note that this an all -mail ballot election and the ballots will be mailed out 88 on October 14, 2014. Council Member Butler had questions regarding the last day to 89 register to vote, residency requirements and early voting. 90 91 Item No. 6 PUBLIC HEARING - 2015 ROAD MILL LEVY FUND 92 93 At 4:54 p.m. Mayor Boineau opened the Public Hearing for comments from the Public 94 on the 2015 Road Mill Levy Fund. Public Works Director Anne Martens stated that the 95 2015 Road Fund Projects are in today's packet on page five for Council review. She 96 stated that in spring of 2015 staff will inspect the roads, confirm the project list or make 97 appropriate adjustments to stay within the allotted project budget. The bid package will 98 assembled in April with the intention to have a project under construction in late May or 99 early June. There being no comments from the Public Mayor Boineau closed the Public loo Hearing at 4:55 p.m. 101 102 Item No. 7 PUBLIC HEARING AND RESOLUTION NO. 30 SERIES OF 2014 - 103 APPROVING THE 2015 BUDGET A RESOLUTION SUMMARIZING EXPENDITURES 104 AND REVENUES FOR THE TOWN OF SNOWMASS VILLAGE AND ADOPTING FOR 105 THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND 106 ENDING ON THE LAST DAY OF DECEMBER, 2014 AND APPROPRIATING SUMS 107 OF MONEY TO THE VARIOUS FUND FOR THE 2015 BUDGET YEAR. 108 109 110 Finance Director Marianne Rakowski noted that the changes from the Budget Meeting 111 with Council have been incorporated within Resolution No. 30, Series of 2014. 112 113 At this time Mayor Boineau opened the Public Hearing for comments from the Public on 114 the 2015 Budget for the Town, there being no comments Mayor Boineau closed the 115 Public Hearing at this time. 116 11 -17 -14 TC Packet 18 10- 06 -14TC Minutes Page 4 of 8 117 Council Member Butler questioned the salaries between genders and if they are 118 equitable, and the Finance Director will look into this matter. 119 12o Fred Kucker made the motion to approve Resolution No. 30, Series of 2014 approving 121 the 2015 Budget for the Town of Snowmass Village. Jason Haber seconded the 122 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 123 124 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 125 Jacobson. 126 127 Voting Nay: None. 128 Item No. 8 FIRST READING - ORDINANCE NO. 02, SERIES OF 2014 - AMENDING 129 THE 2014 BUDGET AN ORDINANCE AMENDING THE 2014 BUDGET FOR ALL 13o FUNDS FOR THE TOWN OF SNOWMASS VILLAGE 131 132 133 Finance Director Marianne Rakowski noted that all changes discussed at the Budget 134 Meeting have been incorporated in the Ordinance. 135 136 Fred Kucker made the motion to approve the First Reading of Ordinance No. 2, Series 137 of 2014, amending the 2014 Budget for the Town of Snowmass Village. Markey Butler 138 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 139 140 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 141 Jacobson. 142 143 Voting Nay: None. 144 Town Council took a break at this time. 145 Item No. 9 PUBLIC HEARING - SECOND READING OF ORDINANCE NO. 3,SERIES 146 OF 2014 - AN ORDINANCE REGARDING A MINOR PUD AMENDMENT TO BASE 147 VILLAGE INVOLVING REQUESTED VESTEDRIGHTS EXTENSION AND 148 COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS, AND TIMEFRAME FOR 149 COMPLETION OF CERTAIN PRIVATE IMPROVEMENTS 150 151 Community Development Director Julie Ann Woods stated the Applicant is Snowmass 152 Acquisition Company LLC and the first order of business for the Council would be to 153 accept the amendments that were submitted at the September 22, 2014 Council 154 Meeting. 155 156 Fred Kucker made the motion to approve the amendments to the application from 157 Snowmass Acquisition Company LLC, Markey Butler seconded the motion. The motion 158 was approved by a vote of 3 in favor to 2 opposed. 11 -17 -14 TC Packet 19 10- 06 -14TC Minutes Page 5 of 8 159 160 Voting Aye: Bill Boineau, Markey Butler, and Fred Kucker. 161 162 Voting Nay: Jason Haber, and Chris Jacobson. 163 At 5:13 p.m. Mayor Boineau opened the Continued Public Hearing from September 22, 164 2014. 165 166 Woods noted that staff and the applicant have spent many hours reviewing the 167 agreements in detail and stated that staff has provided documents that they feel is in 168 the best interest of the Town. She noted that they are attached today as agreements 2A 169 and 3A which are the development agreement and subdivision improvement 17o agreement. She noted the funding agreement was included into the development 171 agreement and the subdivision improvement agreement. 172 173 The applicant representative Dwayne Romero spoke to a matrix or tracking tool of the 174 timeline milestone will work with staff to provide this as soon as possible along with a 175 letter of agreement that the applicant will continue snow removal until the snowmelt is 176 installed. At this time Romero and staff provide a few slides on a PowerPoint 177 presentation which is in responses to staff comments for the development agreement 178 and the subdivision improvement agreements and he noted most of these are language 179 clarifications. Romero reviewed each response and staff commented on each of the 180 points. This was a very lengthy discussion. 181 182 Town Council took comments from to Public at this time. 183 184 Bob Sirkus a resident of Snowmass Village and a Member of the Snowmass Village 185 Planning Commission and speaking on behalf of a member of Planning Commission, 186 regarding timelines the public improvements where in conjunction with 187 construction otherwise you may have to redo some of the public improvements. 188 189 Arnie Mordkin a resident of Snowmass Village spoke to the "buy back" he thinks it is a 190 bad idea, and he also commented on the vested rights, and why the original language 191 was there. 192 193 Lisa Vogel a resident of Snowmass Village part of the first days of Base Village, as 194 someone in the business anyone would be crazy to do business here after 195 watching videos of these meetings, hope they will all see the way to approve vesting 196 right for the future of this Village. 197 198 Richard Goodwin a resident of Snowmass Village spoke to not seeing an urgency to 199 push this and maybe give the applicant 60 days and move this on to the new Council Zoo and maybe get some of the retired Developers together and help Council get through 201 these agreements. 202 11 -17 -14 TC Packet 20 10- 06 -14TC Minutes Page 6of8 203 Stan Clauson a resident of Snowmass Village spoke to allowing the developer move 204 forward and get this project to move forward and approve the extension of vested 205 rights. Council should take comfort in the work staff has done and move forward with no 206 further delays. 207 208 Bianca Hooker a resident of Snowmass Village stated she has been here since the 209 resort opened. She noted that she voted against Base Village but now we have some 210 new identity we need to continue to move forward She spoke to the "Aspen Factor" of 211 our location, this is our chance to complete what we have to help us move forward. 212 213 At this time Council and the applicant continued the review of the applicant's response 214 to staff comments and this portion began discussion on the subdivision development 215 agreement. 216 217 Town Council took a break at this time. 218 219 Mayor Boineau took comments from the public: 220 221 Jeff Jandegian part owner of the Snowmass Conoco spoke to what commitment or 222 guarantees can he get from Dwayne Romero to make the access he needs for the 223 Conoco. Romero stated he would continue to work with Jandegian business concerns. 224 225 Council and the applicant now continued with response to staff comments for the 226 subdivision improvements agreement. 227 228 Fred Kucker made the motion to approve the amendments to Ordinance No. 3, Series 229 of 2014. Markey Butler seconded the motion. The motion was approved by a vote of 3 230 in favor to 2 opposed. 231 232 Voting Aye: Bill Boineau, Markey Butler, and Fred Kucker. 233 234 Voting Nay: Jason Haber, and Chris Jacobson. 235 At this time Council Member Jacobson read a four page letter into the record regarding 236 this application and complaints on the process of this application and possible ex -parte 237 conversations by some of the current Council Members in regards to the application 238 before Council today. This was a lengthy statement is available in full attached to the 239 approved set of minutes. 240 241 Council Members responded to Council Members Jacobson statement. 242 243 Mayor Boineau took comments from the Public: 244 245 Arnie Mordkin a resident of Snowmass Village spoke to the ex -parte communications 246 and this absolutely does not show any type of trust to the community if you do not do 11 -17 -14 TC Packet 21 10- 06 -14TC Minutes Page 7 of 8 247 things in public meetings. He also provided an example of doing things in Executive 248 Session. 249 250 Council Member Haber spoke to repeated actions by some of the Council 251 Member in violation of trust and we are compromised to make a decision this evening. 252 He stated some additional choices and actions that should or could be taken tonight by 253 the Council; recusable, defer to next Council, or table and defer to another Council 254 meeting. 255 256 Bob Sirkus a resident of Snowmass Village spoke to the stink of politics, and this was 257 nothing but a delay of a vote and avoid approval of this application, and this shows very 258 bad taste in the middle of campaign season. 259 26o Don Shuster a representative of the Aspen Skiing Company spoke to small town 261 conversations and speaking to the happenings of discussions between the Council 262 members and members of the Aspen Skiing Company and they are not part of the 263 application. 264 265 At this time Town Attorney John Dresser reviewed the amendments agreed to by the 266 Council and the applicant. 267 268 Fred Kucker made the motion to approve by roll call vote the second reading of 269 Ordinance No. 3, Series of 2014 regarding a Minor PUD amendment to Base Village. 270 Markey Butler seconded the motion. The motion was approved by a vote of 3 in favor 271 to 2 opposed. 272 273 Voting Aye: Bill Boineau, Markey Butler, and Fred Kucker. 274 275 Voting Nay: Jason Haber, and Chris Jacobson. 276 At 8:19 p.m. Mayor Boineau closed the Public Hearing. 277 278 Item No. 10 MANAGER'S REPORT 279 28o Town Manager Clint Kinney spoke to some agenda changes and using Consent 281 Agenda and formalize Public and Council comments in one section of the agenda not 282 two. Council directed staff to move forward with the changes to future agendas! 283 284 Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING • October 20, 2014 • November 17,2014 • December 1, 2014 • December 8, 2014 • December 15, 2014 11- 17 -14TC Packet 22 10- 06 -14TC Minutes Page 8 of 8 285 At this time Council reviewed the agendas for the remainder of the year. 286 287 Item No. 12 APPROVAL OF MEETING MINUTES FOR * September 8, 2014 - Regular Meeting 288 Jason Haber made the motion to approve the Regular Minutes for the Snowmass 289 Village Town Council for Monday, September 8, 2014. Fred Kucker seconded the 290 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 291 292 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 293 Jacobson. 294 295 Voting Nay: None. 296 Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS • October • November • December 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 Council reviewed the calendars and Council Member Butler asked that the John Bemis Thanksgiving Community Pot Luck be added to the November calendar. At 8:19 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, September 22, 2014. Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Submitted By, Rhonda B. Coxon, CMC Town Clerk 11- 17 -14TC Packet 23 I SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 OCTOBER 20, 2014 4 5 1. 4:00 P.M. CALL TO ORDER AND ROLL CALL 6 7 COUNCIL MEMBERS Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and PRESENT: Chris Jacobson. COUNCIL MEMBERS All council members were present. ABSENT: STAFF PRESENT: Clint Kinney, Town Manager; Marianne Rakowski; Finance Director; Kelly Vaughn, Communications Director; Andy Worline, Recreation Center Director; Rhonda B. Coxon, Town Clerk and Anne Martens, Public Works Director. 10 11 PUBLIC PRESENT: Steve Alldredge, Tom Yocum, Joan Bemis, Mary Beth Blake, 12 Deidre Boineau, Robert Kemp, Julie Rogan, Lisa Vogele, Mark 13 Vogele and other members of the Public interested in today's 14 Agenda items. 15 16 2. PROCLAMATIONS AND PRESENTATIONS 17 18 A. November 4, 2014 Election Update 19 -- Janice Vos Caudill, Pitkin County Clerk 20 21 Pitkin County Clerk and Recorder Janice Vos Caudill is here today to review the 2014 22 November 4, 2014 election procedures for the Town of Snowmass Village 23 constituents. She noted that the entire state of Colorado as of 2013 is now entirely 24 mail ballot. Caudill reviewed the timelines for the election and what will happen the 25 night of the Election. She also provided the Elections Website which is 26 www.pitkinvotes.org. Caudill answered some questions of the Council and provided the 27 entire timeline for the Council. The Aspen Ambulance District question should not have 28 appeared on the Snowmass Village ballot but they do have system in place to handle 29 the results. 30 31 B. AIRPORT AIR SERVICES PLANNING STUDY 32 (Time 45 Minutes) 33 ACTION REQUESTED OF COUNCIL Listen to presentation and 34 provide feedback to Pitkin County. 35 - -Jon Peacock, Pitkin County Manager 36 37 Jon Peacock the Pitkin County Manager provided a PowerPoint Presentation regarding 38 the Aspen Pitkin County Future Air Service Planning Study. He reviewed the study 11 -17 -14 TC Packet 24 10- 20 -14TC Minutes Page 2 of 5 39 overview which included what is the changing technology of future commercial aircraft 40 serving ASE. What can ASE do to best sustain future commercial air service? How 41 would ASE accommodate these operations? What are the impacts and benefits to the 42 airport and community? What is best for the future health of the community? 43 44 Then there were three Study Phases and Peacock provided information regarding the 45 problem statements, the study objectives, methodology, and regulatory environment, 46 FFA design Group D -III, Airport and Aircrafts. 47 48 The findings included Airspace Analysis, Separation Standards, Modification of 49 Standards, Wingspan Restriction and Second Fixed Base Operator. 50 51 At this time they reviewed the alternatives and the pros and cons of each. 52 53 They narrowed the process by eliminating what does not meet the FAA standards, then 54 what meets the FFA standards with significant impacts, the alternatives that meets '55 FFA standards with major operational impact and then the alternatives that meets 56 standards to the extent possible with only reasonable impact which would be 8a and 12 57 a. Slides were available for both of the alternatives. 58 59 The next items discussion was cost components. The conceptual cost, summary of the 60 Phase II Findings, the next steps, the potential project schedule and the necessary local 61 and federal approvals. 62 63 Peacock noted that there will be two open houses for Council and Community members 64 to attend. 65 66 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to 67 comment by the public regarding item that do not otherwise appear on this 68 agenda. Generally, the Town Council will not discuss the issue and will not take an 69 official action under this section of the agenda. 70 71 There were no comments from the Public at this time. 72 73 4. CONSENT AGENDA These are items where all conditions or requirements have 74 been agreed to or met prior to the time they come before the Council for final action. A 75 Single Public Hearing will be opened for all items on the Consent Agenda. These items 76 will be approved by a single motion of the Council. The Mayor will ask if there is anyone 77 present who has objection to such procedure as to certain items. Members of the 78 Council may also ask that an item be removed from the consent section and fully 79 discussed. All items not removed from the consent section will then be approved 80 following a roll call vote. A member of the Council may vote no on specific items without 81 asking that they be removed from the consent section for full discussion. Any item that 82 is removed from the consent agenda will be placed on the regular agenda. 83 11 -17 -14 TC Packet 25 10- 20 -14TC Minutes Page 3 of 5 84 85 A. SECOND READING - ORDINANCE NO. 02, SERIES OF 2014 - AMENDING 86 THE 2014 BUDGET AN ORDINANCE AMENDING THE 2014 BUDGET FOR 87 ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE ACTION 88 REQUESTED OF COUNCIL Approve, the second Reading of Ordinance No. 02, 89 Series of 2014. 90 -- Marianne Rakowski 91 92 93 B. Minutes - A request to approve the minutes from 94 September 22, 2014 Special Meeting 95 96 97 C. RESOLUTION NO. 35, SERIES OF 2014 - A RESOLUTION APPROVING 98 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF SNOWMASS 99 VILLAGE AND PITKIN COUNTY SOLID WASTE CENTER FOR RECYCLING 100 ACTION REQUESTED OF COUNCIL Approve Resolution No. 35, Series of 101 2014. 102 - -Anne Martens, Public Works Director 103 104 105 D. REVIEW OF DRAFT AGENDAS FOR 106 * November 17, 2014 - Regular Meeting 107 * December 1, 2014 - Regular Meeting 108 * December 8, 2014 - Special Meeting 109 110 111 E. REVIEW OF CALENDARS 112 • October 113 • November 114 • December 115 116 117 Chris Jacobson made the motion to approve by a roll call vote all items on the consent 118 agenda. Jason Haber seconded the motion. The motion was approved by a vote of 5 in 119 favor to 0 opposed. 120 121 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 122 Jacobson. 123 124 Voting Nay: None. 125 5. PUBLIC HEARINGS QUASI - JUDICIAL HEARINGS 126 Public Hearings are the formal opportunity for the Town Council to LISTEN to the public 127 regarding the issue at hand. For land use hearings the Council is required to act in a 11 -17 -14 TC Packet 26 10- 20 -14TC Minutes Page 4 of 5 128 quasi - judicial capacity. When acting as a quasi - judicial body, the Council is acting in 129 much the same capacity as a judge would act in a court of law. Under these 130 circumstances, the judicial or quasi - judicial must limit its consideration to matters which 131 are places into evidence and are part of the public record. The Council must base their 132 decision on the law and the evidence presented at the hearing. 133 No Hearings Scheduled 134 135 136 6. POLICY /LEGISLATIVE PUBLIC HEARINGS 137 No Hearings Scheduled 138 139 140 7. ADMINISTRATIVE REPORTS 141 A. Parks Open Space and Trails 142 * Ice Rink Update 143 - -Andy Worline 144 145 Parks and Recreation Director Andy Worline provided information regarding the Ice 146 Rinks for this year. Worline provided four options for Council consideration. 147 148 1) Continue ongoing Entryway Planning process; designated area for permanent 149 skating option. 150 2) Allow Below 32 to operate Ice Rink. Equipment, staff, scheduling and insurance 151 provided by Below 32 (Rental of facility to Below 32) 152 3) Provide a small, more cost effective operation that could be achieved by flooding the 153 basketball courts at an estimated cost of $27,000 154 4) Provide a much larger rink located in the rodeo area at a cost of $140,000 155 156 Council Member Haber wants the same operation as last year with a shade structure. 157 This was the consensus of the Council at this time. 158 159 Tom Yocum from Below 32 stated that the Rodeo Board is looking for a new tent and 160 they are again repeating the offer of the 250 thousand proposal again. He is suggesting 161 the Town share the cost of the tent with the Rodeo Board. 162 163 Bill Boineau made the motion to approve $40,000 to run the operation as last year with 164 adding some type of shading option if feasible, this could be from the Holy Cross funds. 165 Jason Haber seconded the motion. The motion was approved by a vote of 5 in favor to 166 0 opposed. 167 168 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 169 Jacobson. 170 171 Voting Nay: None. 11 -17 -14 TC Packet 27 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 o 10- 20 -14TC Minutes Page 5 of 5 8. TOWN COUNCIL REPORTS AND ACTIONS REPORTS /UPDATES Council Member Kucker stated that this is his last meeting as a Town Council he thanked staff and then went on to discuss the comments of Council Member Jacobson from the October 6, 2014 Town Council Meeting and he read a prepared statement as a rebuttal to these comments which is attached to this set of minutes for the record. Council Member Kucker left the meeting at this time and stated this is his last meeting of his term as a Snowmass Village Town Council Member. Council Member Jacobson spoke to Council Member Kucker comments, and said they were inaccurate, and it can be watched on the Web streaming. Mayor Boineau state that the State Department has available grants for fishing and this may be a resource for the Entry Way. Council Member Butler thanked Mayor Boineau and Council Member Haber for their contributions to the Town Council. 9. ADJOURNMENT At 6:16 p.m. Chris Jacobson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, October 20, 2014. Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, and Chris Jacobson. Voting Nay: None. Submitted By, Rhonda B. Coxon, CMC Town Clerk 11 -17 -14 TC Packet 28 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 39 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO JASON HABER FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE TOWN COUNCIL WHEREAS, Jason Haber was elected by the voters of Snowmass Village in November of 2010 to serve as Council Member on the Snowmass Village Town Council; and WHEREAS, Jason Haber has served the last four years with dedication and loyalty to this community; and WHEREAS, Jason Haber's hard work, excellent attendance record, and sincerity have been an asset to the community; and WHEREAS, Jason Haber's fairness and common sense have been positive for both the Town Council and the community; and WHEREAS, Jason Haber has demonstrated a strong commitment to the business community, the environment, and the employees of this Town; and WHEREAS, Jason Haber's leadership and straight- forward approach to government, and commitment to environmental issues will be missed. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: The Citizens of Snowmass Village, the Snowmass Village Town Council and the entire Town Staff hereby express their sincere gratitude and appreciation to Jason Haber for his dedication, loyalty, and excellence in his efforts to promote a strong community and to enhance the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 17th day of November, 2014 with a motion made by Council Member Butler and a second by Council Member Madsen and by a vote of 4 in favor to 0 opposed. ATTEST: TOWN OF SNOWMASS VILLAGE RHONDA B. COXON, Town Clerk MARKEY BUTLER, Mayor 11- 17 -14TC Packet 29 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 38 SERIES OF 2014 A RESOLUTION EXPRESSING APPRECIATION TO BILL BOINEAU FOR HIS SERVICE AS A MEMBER OF THE SNOWMASS VILLAGE TOWN COUNCIL, SNOWMASS VILLAGE PLANNING COMMISSION, LIQUOR LICENSING AUTHORITY AND MAYOR OF THE TOWN OF SNOWMASS VILLAGE. WHEREAS, Bill Boineau was appointed by the Snowmass Village Town Council in 1991 to the Snowmass Village Liquor Licensing Authority and served until November of 1994; and WHEREAS, Bill Boineau was elected by the voters of Snowmass Village in November 1994 and served as a member of the Snowmass Village Town Council a four - year term through November of 1998; and WHEREAS, Bill Boineau was appointed to the Snowmass Village Planning Commission in January of 2001 and served until January of 2002; and WHEREAS. Bill Boineau was elected by the voters of Snowmass Village in November of 2002 and served as a member of the Snowmass Village Town Council for a four -year term through November of 2006; and WHEREAS, Bill Boineau was appointed to the Snowmass Village Planning Commission in January of 2007 and served until November of 2008; and WHEREAS, Bill Boineau was elected by the voters of Snowmass Village to three consecutive two -year terms from 2008 through 2014 as Mayor for the Town of Snowmass Village; and WHEREAS, Bill Boineau's hard work, excellent attendance record, and sincerity have been assets to the community; and WHEREAS, Bill Boineau's fairness and common sense have been positive for both the Town Council and the community; and WHEREAS, Bill Boineau has demonstrated a strong commitment to the business community, the environment, and the employees of this Town; and WHEREAS, Bill Boineau's leadership and straight - forward approach to government, and insight into the needs of the community will be greatly missed. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: The Citizens of Snowmass Village, the Snowmass Village Town Council and the entire Town Staff hereby express their sincere gratitude and appreciation to Bill Boineau for his dedication, loyalty and excellence in his efforts to promote a strong community and to enhance the quality of life for our citizens. 11- 17 -14TC Packet 30 14 -38 Reso Page 2 of 2 INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 17th day of November, 2014 with a motion made by Council Member Butler and a second by Council Member Madsen and by a vote of 4 in favor to 0 opposed. ATTEST: TOWN OF SNOWMASS VILLAGE RHONDA B. COXON, Town Clerk MARKEY BUTLER, Mayor r x TOSV Council Meeting — Mon., 11/17/14 Aspen Skiing Company Business Update ASC participants and attendees: Mike Kaplan, David Perry, Steve Sewell, Don Schuster, David Corbin Topics: • Mike Kaplan - Introduction, Overview and Goal Discussion • Steve Sewell - Recap of Summer, 2014 Season; discussion of summer activities and infrastructure; 2014 — 2015 Winter Season preview (including night time activities, tubing, Burnt Mtn. Egress Trail, etc.) • David Corbin — Future Planning Projects, including future summer activities and winter enhancements such as High Alpine Lift replacement, snowmaking, Gwyn's remodel, etc. • David Perry — Business and Marketing overview, including occupancy rates and projections, air service updates, etc. • Questions / Discussion 11 -17 -14 TC Packet 32 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING DECEMBER 01, 2014 2. PROCLAMATIONS AND PRESENTATIONS: A. PRO CHALLENGE UPDATE (Time: 20 Minutes) ACTION REQUESTED OF COUNCIL: Listen to presentation and provide feedback. - -Nancy Lesley, Director of Special Events B. RESOLUTION NO. 34, SERIES OF 2014 — A RESOLUTION EXPRESSING APPRECIATION TO FRED KUCKER FOR HIS SERVICE AS A TOWN COUNCIL MEMBER OF THE TOWN OF SNOWMASS VILLAGE (Time: 10 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 34, Series of 2014 - -Mayor 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comment by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. Minutes — A request to approve the minutes from: October 06, 2014 — Regular Meeting B. RESOLUTION NO. 33, SERIES OF 2014 — A RESOLUTION ESTABLISHING MEETING DATES FOR REGULAR TOWN COUNCIL MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTHS OF JANUARY 2015 THROUGH DECEMBER 2015 11 -17 -14 TC Packet 33 12- 01 -14tc Agenda Page 2 of 3 (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 33, Series of 2014. -- Rhonda B. Coxon C. REVIEW DRAFT AGENDAS FOR: • December 8, 2014 — Special Meeting • December 15, 2014 — Regular Meeting • January 5, 2015 — Regular Meeting 5. PUBLIC HEARINGS QUASI- JUDICIALHEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi - judicial capacity. When acting as a quasi - judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi - judicial must limit its consideration to matters which are places into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. 1) Staff Presentation. Staff will present an overview of the project, comments and reports received from review agencies, and offer a recommendation. 2) Applicant Presentation. The petitioner is asked to present the proposal. Presentations should be brief and to the point and cover all of the main points of the project. 3) Public Input (limit of 5 minutes per person). People speaking should step up to the microphone and state their name and address. Speakers should be to the point and try not to repeat the points of others have made. 4) Applicant Rebuttal. The Mayor will ask for the applicant's rebuttal. During this brief time, the applicant should answer the questions raised by the public. 5) The hearing is then closed to public comments. 6) Questions from the Council. After a Council member is recognized by the Mayor, they may ask questions of the staff, the applicant. 7) Make a motion. A member of the Town Council will make a motion on the issue. 8) Discussion on the motion. The Town Council may discuss the motion. 9) Vote. The Town Council will then vote on the motion. No Hearings Scheduled 6. POLICY /LEGISLATIVE PUBLIC HEARINGS: No Hearings Scheduled 7. ADMINISTRATIVE REPORTS: 8. TOWN COUNCIL REPORTS AND ACTIONS A) REPORTS /UPDATES B) REVIEW OF CALENDARS 11 —17-14 TC Packet 34 12- 01 -14tc Agenda Page 3 of 3 1) November 2) December 3) January 11 -17 -14 TC Packet 35 SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING DECEMBER 08, 2014 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comment by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. A. RESOLUTION NO. 32 SERIES OF 2014 — LEVYING P TAXES FOR THE TOWN OF SNOWMASS VILLAGE A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2015 TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO; AND TO PAY GENERAL OBLIGATION BOND PRINCIPAL, INTEREST AND RELATED COSTS; AND FOR THE TOWN'S 'ROAD IMPROVEMENT PROGRAM; AND FOR TRANSPORTATION SERVICES AND THE CONTRIBUTION TOWARDS THE DROSTE PROPERTY PURCHASE FOR THE 2015 BUDGET YEAR (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Review, modify, approve, deny Resolution No. 32, Series of 2014 -- Marianne Rakowski, Finance Director 5. POLICY /LEGISLATIVE PUBLIC HEARINGS: No Hearings Scheduled 11 -17 -14 TC Packet 36 12- 08 -14tc Special Agenda Page 2 of 2 6. TOWN COUNCIL REPORTS AND ACTIONS A) REPORTS /UPDATES B) REVIEW OF CALENDARS 1) November 2) December 3) January 11 -17 -14 TC Packet 37 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING DECEMBER 15, 2014 3. PUBLIC COMMENT This section is set aside for the Town Council to LISTEN to comment by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. 4. CONSENT AGENDA These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 5. PUBLIC HEARINGS QUASI- JUDICIALHEARINGS Public Hearings are the formal opportunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi - judicial capacity. When acting as a quasi - judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi - judicial must limit its consideration to matters which are places into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing, 1) Staff Presentation. Staff will present an overview of the project, comments and reports received from review agencies, and offer a recommendation. 2) Applicant Presentation. The petitioner is asked to present the proposal. Presentations should be brief and to the point and cover all of the main points of the project. 3) Public Input (limit of 5 minutes per person). People speaking should step up to the microphone and state their name and address. Speakers should be to the point and try not to repeat the points of others have made. 4) Applicant Rebuttal. The Mayor will ask for the applicant's rebuttal. During this brief time, the applicant should answer the questions raised by the public. 5) The hearing is then closed to public comments. 6) Questions from the Council. After a Council member is recognized by the Mayor, they may ask questions of the staff, the applicant. 7) Make a motion. A member of the Town Council will make a motion on the issue. 8) Discussion on the motion. The Town Council may discuss the motion. 9) Vote. The Town Council will then vote on the motion. 11 -17 -14 TC Packet 38 12- 15 -14tc Agenda Page 2 of 2 6. POLICY/ LEGISLATIVE PUBLIC HEARINGS: 8. TOWN COUNCIL REPORTS AND ACTIONS A) REPORTS /UPDATES B) REVIEW OF CALENDARS 1) December 2) January 3) February 11 -17 -14 TC Packet 39 2 16 23 John Bemis Community Thanksgiving Potluck Westin Hotel 30 Tree Lighting Snowmass Chapel 5:00 p.m. 11 -17 -14 TC Packet Wed 5 12 19 2014 Thu Fri D 13 7 14 21 Sat 1 15 22 December I , 1 -17 -14 TC Packet 41 11 -17 -14 TC Packet 42 AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: Update to Town Council on Staff Decision Regarding Implementation of the Securities and Exchange Commission's Municipalities Continuing Disclosure Cooperative Initiative Presented By: Clint Kinney, Town Manager John Dresser, Town Attorney Marianne Rakowski, Finance Director Core Issues: The Security and Exchange Commission (SEC) has created an amnesty program (of sorts) called the Municipalities Continuing Disclosure Cooperative (MCDC) Initiative. The program is designed to encourage municipalities to self - report any material misstatements or fraudulent behavior. The major draw -back to the program is that it pre- determines any settlement terms. Through an independent third party review of our reporting, we found we made at least one reporting mistake. We do not believe the mistake was remotely material. As such, we do not plan to utilize this program to self - report and then subject ourselves to predetermined settlement terms. Description: A description of the program and other back ground provided by our Bond Counsel, Sherman and Howard, is attached for review. Financial Impact: There is no direct fiscal impact with this decision. However, should the SEC determine that we did have a material misstatement, that determination could affect future bond issuances. We do not anticipate this to be the case. Council Options: 1) Continue forward with staff recommendation to not report 2) Direct staff to report utilizing the MCDC Process Staff It is Staff's recommendation, including the recommendation of our Bond Recommendation: Counsel Sherman and Howard, to not self - report under the initiative. 1- 17 -14TC Packet 43 633 Seventeenth Street, Suite 3000, Denver, CO 80202 Telephone: 303.297.2900 Fax: 303.298.0940 www.shermanhoward.com SHERIMAN6HOWARD Calvin T. Hanson Sherman & Howard L.L.C. Direct Dial Number: 303.299.8234 E -mail: chHanson @shermanhoward.com Town of Snowmass Village, Colorado SEC Continuing Disclosure Initiative To the Members of the Town Council: Introduction For some time the Securities and Exchange Commission (SEC) has been concerned by what it perceives as "potentially widespread violations of the federal securities laws by municipal issuers and underwriters." In March the SEC announced its Municipalities Continuing Disclosure Cooperation Initiative (the "Initiative ") under which program the SEC through its Division of Enforcement is offering what it describes as lenient treatment for those municipal issuers and underwriters who self- report violations to the SEC prior to September 9, 2014 at 11:59 p.m. The deadline for issuers has been extended to December 1, 2014. The Initiative's focus is on the failure by municipal issuers to disclose accurately whether they have complied with their continuing disclosure obligations when involved in a subsequent public offering. The purpose of the following is to inform the Council of staff's investigation and conclusions. The Initiative The SEC is generally prohibited from regulating the municipal bond market other than through the anti -fraud provisions of the Securities Act of 1933 and the Exchange Act of 1934. In order to increase its control over the market the SEC adopted Rule 15c2 -12 (the "Rule ") which prohibits underwriters from purchasing or selling municipal securities without obtaining from municipal issuers a commitment to provide certain ongoing disclosures about the municipal issuer's financial condition. Continuing disclosure agreements or undertakings are the vehicle for implementing the Rule. Each agreement is customized to fit the particular credit being offered provided, however, a list of certain material events are required to be included in each agreement. A municipal issuer that has undertaken an obligation to make filings (now made on a web site commonly known as EMMA) must disclose in any subsequent offering whether it has 11- 17 -14TC Packet 44 materially compiled with its obligations. The SEC maintains that failure to report a material misstatement or omission is negligent or fraudulent behavior. The SEC also asserts that when an underwriter fails to discover in its due diligence process past failures to comply with the Rule when involved in a new offering it has failed to form a reasonable basis for believing the truthfulness of the representations in the official statement. As described in the SEC release the Enforcement Division charged an Indiana school district for falsely stating it had complied with the Rule (the school had in fact made no filings) and the school and the underwriter consented to a cease and desist order from committing or causing any future violations and were assessed monetary penalties. I will not repeat the potential penalties and procedures set forth in the Initiative but will add that the statute of limitations limits the "look- back" period to five years. Misstatements or omissions before that period are not subject to review. If, however, a violation occurred when publishing an official statement within the five year window the covered period reaches back five additional years. In other words a misstatement or omission made after December 1, 2009 is a misstatement or omission about what has gone on over the five years prior to December 1, 2009. A controversy surrounding the Initiative is the SEC's decision to pit municipal issuers and underwriters against each other. This has been described by SEC officials as a "modified prisoner's dilemma" meaning if one party reports the other may be compelled to report. In Town's case your underwriter, D.A. Davidson & Co., reported that the Town misstated its compliance with the rule in an Official Statement published on November 3, 2009. The transaction closed on December 19, 2009. The securities offered were the Town's General Obligation Refunding Bonds, Series 2009A and Series 2009B. Town staff retained Digital Assurance Certification to review the Town's filing history. Like many issuers DAC reported there was a least one reporting error. The SEC has not told the market what the SEC considers a material error so staff cannot tell whether this would be deemed to be material. Recommended Action While Sherman & Howard L.L.C. has not made any determination as to the materiality of the error's, Town staff believes the best course of action is not to self- report under the Initiative. Aside from the difficulty in deciding whether the Town made a material misstatement or omission, the statute of limitations on that statement or omission as to the Town runs no later than November 20tH Sincerely, Calvin T. Hanson Dated: November 11, 2014 11 -17 -14 TC Packet 45 SEC.gov I Municipalities Continuing Disclosure Cooperation Initiative http: / /www. sec.gov/ divisions / enforce /municipalities - continuing -dis Search SEC Documents Go Company Fflings I More Search Options r. ABOUT DIVISIONS ENFORCEMENT REGULATION EDUCATION FILINGS NEWS Municipalities Continuing Disclosure Cooperation Initiative Division of Enforcement U.S. Securities and Exchange Commission I. Introduction The Municipalities Continuing Disclosure Cooperation Initiative (the "MCDC Initiative ") is Questionnaire intended to address potentially widespread violations of the federal securities laws by municipal issuers and underwriters of municipal securities in connection with certain representations about continuing disclosures in bond offering documents. Municipalities Continuing Disclosure Cooperation Initiative Questionnaire As described below, under the MCDC Initiative, the Division of Enforcement (the for Self- Reporting Entities "Division ") of the U.S. Securities and Exchange Commission (the "Commission ") will recommend favorable settlement terms to issuers and obligated persons involved in the offer or sale of municipal securities (collectively, "issuers ") as well as underwriters of such offerings if they self -report to the Division possible violations involving materially inaccurate statements relating to prior compliance with the continuing disclosure obligations specified in Rule 15c2 -12 under the Securities Exchange Act of 1934 (the "Exchange Act").' H. Background Rule lSc2 -12 generally prohibits any underwriter from purchasing or selling municipal securities unless the issuer has committed to providing continuing disclosure regarding the security and issuer, including information about its financial condition and operating data.z Rule 15c2 -12 also generally requires that any final official statement prepared in connection with a primary offering of municipal securities contain a description of any instances in the previous five years in which the issuer failed to comply, in all material respects, with any previous commitment to provide such continuing disclosure. The Commission may file enforcement actions under either Section 17(a) of the Securities Act of 1933 (the "Securities Act "), and /or Section 10(b) of the Exchange Act against issuers for inaccurately stating in final official statements that they have substantially complied with their prior continuing disclosure obligations. In such instances, underwriters for these bond offerings may also have violated the anti -fraud provisions to the extent they failed to exercise adequate due diligence in determining whether issuers have complied with such obligations, and as a result, failed to form a reasonable basis for believing the truthfulness of a key representation in the issuer's official statement. For instance, on July 29, 2013, the Commission charged a school district in Indiana and its underwriter with falsely stating to bond investors that the school district had been properly providing annual financial information and notices required as part of its prior bond offerings.3 Without admitting or denying the Commission's findings, the school district and underwriter each consented to, among other things, an order to cease and desist from committing or causing any violations of Section 10(b) of the Exchange Act and Rule 10b -5. The underwriter also agreed to pay disgorgement and prejudgment interest of $279,446 as well as a penalty of $300,000. The Commission has in the past emphasized that the likelihood that an issuer will abide by its continuing disclosure obligations is critical to any evaluation of its covenants. An underwriter's obligation to have a reasonable basis to believe that the key representations in a final official statement are true and accurate extends to an issuer's representations concerning past compliance with disclosure obligations. Indeed, this provision of Rule 15c2 -12 was specifically intended to serve as an incentive for issuers to comply with their undertakings to provide disclosures in the secondary market for municipal securities, and also assists underwriters and others in assessing the reliability of the issuer's disclosure representations. Moreover, the Commission has in the past stated that it believes that it is doubtful that an underwriter could form a reasonable basis for relying on the accuracy or completeness of an issuer's ongoing disclosure representations without the underwriter affirmatively inquiring as to that filing history, and the underwriter may not rely solely on a written certification from an issuer that it 11 -17 -14 TC Packet 46 11/12/2014 5:06 1 SEC.gov I Municipalities Continuing Disclosure Cooperation Initiative http: / /www.see.gov/ divisions / enforce /municipalities - continuing -dis has provided all filings or notices.' Based on available information, and as highlighted in the Commission's August 2012 Municipal Market Report, there is significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal securities law violations involving false statements concerning such compliance may be widespread. 11 -17 -14 TC Packet III. The MCDC Initiative A. Who Should Consider Self- Reporting to the Division? To be eligible for the MCDC Initiative, an issuer or underwriter must self -report by accurately completing the attached questionnaire and submitting it within the following applicable time periods: • For underwriters, beginning March 10, 2014 and ending at 12:00 a.m. EST on September 10, 2014; and • For issuers, beginning March 10, 2014 and ending at 5:00 p.m. EST on December 1, 2014. Information required by the questionnaire includes: • identification and contact information of the self- reporting entity; • information regarding the municipal securities offerings containing the potentially inaccurate statements; • identities of the lead underwriter, municipal advisor, bond counsel, underwriter's counsel and disclosure counsel, if any, and the primary contact person at each entity, for each such offering; • any facts that the self- reporting entity would like to provide to assist the staff in understanding the circumstances that may have led to the potentially inaccurate statement(s); and • a statement that the self- reporting entity intends to consent to the applicable settlement terms under the MCDC Initiative. Submissions may be made by email to MCDCsubmissions @sec.gov, by fax to (301) 847 -4713 or by mail to MCDC Initiative, U.S. Securities and Exchange Commission, Boston Regional Office, 33 Arch Street, Boston, MA 02110. C. Standardized Settlement Terms the Division Will Recommend To the extent an entity meets the requirements of the MCDC Initiative and the Division decides to recommend enforcement action against the entity ( "eligible issuer" or "eligible underwriter "), the Division will recommend that the Commission accept a settlement which includes the terms described below.5 1. Types of Proceedings and Nature of Charges For eligible issuers, the Division will recommend that the Commission accept a settlement pursuant to which the issuer consents to the institution of a cease and desist proceeding under Section 8A of the Securities Act for violation(s) of Section 17(a)(2) of the Securities Act.6 The Division will recommend a settlement in which the issuer neither admits nor denies the findings of the Commission. For eligible underwriters, the Division will recommend that the Commission accept a settlement pursuant to which the underwriter consents to the institution of a cease and desist proceeding under Section 8A of the Securities Act and administrative proceedings under Section 15(b) of the Exchange Act for violation(s) of Section 17(a)(2) of the Securities Act. The Division will recommend a settlement in which the underwriter neither admits nor denies the findings of the Commission. 2. Undertakings For eligible issuers, the settlement to be recommended by the Division must include undertakings by the issuers. Specifically, as part of the settlement, the issuer must undertake to: • establish appropriate policies and procedures and training regarding continuing disclosure obligations within 180 days of the institution of the proceedings; • comply with existing continuing disclosure undertakings, including updating past delinquent filings within 180 days of the institution of the proceedings; • cooperate with any subsequent investigation by the Division regarding the false statement(s), including the roles of individuals and /or other parties involved; C1Vi 11/12/2014 5:06 SEC.gov I Municipalities Continuing Disclosure Cooperation Initiative http: / /www. sec.gov/ divisions / enforce /municipalities - continuing -diq 11- 17 -14TC Packet • disclose in a clear and conspicuous fashion the settlement terms in any final official statement for an offering by the issuer within five years of the date of institution of the proceedings; and • provide the Commission staff with a compliance certification regarding the applicable undertakings by the issuer on the one year anniversary of the date of institution of the proceedings. For eligible underwriters, the settlement to be recommended by the Division must include undertakings by the underwriters. Specifically, as part of the settlement, the underwriter must undertake to: • retain an independent consultant, not unacceptable to the Commission staff, to conduct a compliance review and, within 180 days of the institution of proceedings, provide recommendations to the underwriter regarding the underwriter's municipal underwriting due diligence process and procedures; • within 90 days of the independent consultant's recommendations, take reasonable steps to enact such recommendations; provided that the underwriter make seek approval from the Commission staff to not adopt recommendations that the underwriter can demonstrate to be unduly burdensome; • cooperate with any subsequent investigation by the Division regarding the false statement(s), including the roles of individuals and /or other parties involved; and • provide the Commission staff with a compliance certifications regarding the applicable undertakings by the Underwriter on the one year anniversary of the date of institution of the proceedings. 3. Civil Penalties For eligible issuers, the Division will recommend that the Commission accept a settlement in which there is no payment of any civil penalty by the issuer. For eligible underwriters, the Division will recommend that the Commission accept a settlement in which the underwriter consents to an order requiring payment of a civil penalty as described below: • For offerings of $30 million or less, the underwriter will be required to pay a civil penalty of $20,000 per offering containing a materially false statement; • For offerings of more than $30 million, the underwriter will be required to pay a civil penalty of $60,000 per offering containing a materially false statement; • However, no underwriter will be required to pay a total amount of civil penalties under the MCDC Initiative greater than the following: • For an underwriter with total revenue over $100 million as reported in the underwriter's Annual Audited Report - Form X -17A -5 Part III for the underwriter's fiscal year 2013: $500,000; • For an underwriter with total revenue between $20 million and $100 million as reported in the underwriter's Annual Audited Report - Form X -17A -5 Part III for the underwriter's fiscal year 2013: $250,000; and • For an underwriter with total revenue below $20 million as reported in the underwriter's Annual Audited Report - Form X -17A -5 Part III for the underwriter's fiscal year 2013: $100,000. D. No Assurances Offered with Respect to Individual Liability The MCDC Initiative covers only eligible issuers and underwriters. The Division provides no assurance that individuals associated with those entities, such as municipal officials and employees of underwriting firms, will be offered similar terms if they have engaged in violations of the federal securities laws. The Division may recommend enforcement action against such individuals and may seek remedies beyond those available through the MCDC Initiative. Assessing whether to recommend enforcement action against an individual for violations of the federal securities laws necessarily involves a case -by -case assessment of specific facts and circumstances, including evidence regarding the level of intent and other factors such as cooperation by the individual. E. No Assurances for Entities That Do Not Take Advantage of MCDC Initiative For issuers and underwriters that would be eligible for the terms of the MCDC initiative but that do not self -report pursuant to the terms of the MCDC Initiative, the Division offers no assurances that it will recommend the above terms in any subsequent enforcement recommendation. As noted above, assessing whether to recommend enforcement action necessarily involves a case -by -case assessment of specific facts and circumstances, but entities are cautioned that enforcement actions outside of the MCDC initiative could result in the Division or the Commission seeking remedies beyond those described in the initiative. For issuers, the Division will likely recommend and seek M. 11/12/2014 5:061 SEC.gov I Municipalities Continuing Disclosure Cooperation Initiative http: / /www. sec.gov/ divisions / enforce /municipalities - continuing -dis financial sanctions. For underwriters, the Division will likely recommend and seek financial sanctions in amounts greater than those available pursuant to the MCDC Initiative. Questions regarding the MCDC Initiative may be directed to MCDCinquiries @sec.gov. Recommendations by the Division to the Commission are subject to approval by the Commission. z The issuers' agreement to make such disclosures is memorialized in a written undertaking frequently called a Continuing Disclosure Agreement. The Continuing Disclosure Agreement requires that issuer to file annual financial information and notices of certain material events with the Electronic Municipal Market Access, or EMMA, an electronic information repository system maintained by the Municipal Securities Rulemaking Board (MSRB), which is accessible to all investors on the internet. 3 In the Matter of West Clark Community Schools, AP File No. 3 -15391 (July 29, 2013); In the Matter of City Securities Corporation and Randy G. Ruhl, AP File No. 3 -15390 (July 29, 2013). a See "Municipal Securities Disclosure," Securities Exchange Act Release No. 34961 (November 10, 1994), 59 FR 59590, supra notes 50 -54 (November 17, 1994). See also "Amendments to Municipal Securities Disclosure," Securities Exchange Act Release No. 34- 62184A (May 26, 2010), 75 FR 331100, supra n. 348 -362 (June 10, 2010). 5 The standardized settlement terms of the MCDC Initiative are only applicable to inaccurate statements concerning compliance with continuing disclosure obligations. The MCDC Initiative and the standardized settlement terms are not applicable to other material misstatements in final official statements or related communications or other misconduct. Any other potential misconduct is subject to investigation and separate enforcement action, if appropriate. If enforcement action is taken, entities may be subject to additional remedies for that misconduct, including additional financial sanctions. 6 Violations of Section 17(a)(2) require a finding of negligent conduct. Modified: July 31, 2014 Site Map I Accessibility I Contracts I Privacy I Inspector General I Agency Financial Report I Budget & Performance I Careers I Contact FOIA I No FEAR Act & EEO Data I Whistleblower Protection I Open Government I Plain Writing I Links I Investor.gov I USA.gov 11 -17 -14 TC Packet 11/12/2014 5:06 1 AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: RESOLUTION NO. 37, SERIES OF 2014: A RESOLUTION CONCERNING WAIVERS OF SKETCH PLAN REQUIREMENTS AND DEFERRALS OF CERTAIN PRELIMINARY PLAN REQUIREMENTS FOR A MAJOR PUD AMENDMENT REGARDING BASE VILLAGE. Presented By: Julie Ann Woods, Director Community Development Department Core Issues: 1. Purpose / Action: The applicant is seeking requests for Waivers and Deferrals of certain submission items required by the Municipal Code for a Major PUD Amendment application involving Base Village. The applicant is seeking a waiver of the Sketch Plan application (a three -step process is required for Major PUD Amendments) in order to move directly into the Preliminary Plan step. The applicant is also seeking waivers of certain requirements and deferral of certain other documents until Final PUD submittal. Town Council may approve, approve with conditions or deny attached Resolution No. 35, Series of 2014, as may be modified at the meeting. Reference the applicant's requests for waivers and deferrals of certain application material in letter dated November 10, 2014, labeled as Exhibit `A' in the attached Resolution 37 (Attachment 1). Note that these requests for submission item waivers and deferrals do not necessitate evaluation of the proposed PUD changes at this time. A detailed review will take place once the applicant formally submits a complete Preliminary Plan (if waiver of Sketch Plan is approved) for subsequent referral and evaluation purposes. However, it may be useful for Town Council to review the Base Village PUD plan as entitled (Attachment 2) and as currently proposed by the applicant (Attachment 3) for reference only. In addition to the waiver of the Sketch Plan step, the applicant is seeking the waiver or deferral of the following: a) acceptance of computer generated three dimensional imagery in place of block models (Section 16A -5 -340 (c)(2)(c)(e)(3)); b) deferring condominium association documents until Final PUD submission (Section 16A- 5- 340(c)(2)(1)); c deferring the submittal of a Construction Management 11- 17 -14TC Packet 50 TC Staff Report Base Village Major PUD Amendment Waiver and Deferral Requests November 17, 2014 Plan until Final PUD submission (Section 16A -5 -340 (c)(2)(t)); and d) deferring of the subdivision plat amendment until Final Plan submittal. The applicant submitted a Preliminary Plan application for the Base Village PUD on October 15, 2014, and the plans were reviewed for completeness by the Community Development Department. An application will not be deemed complete until Town Council approves the waiver and/or deferral of the above submittal requirements. This is the action Town Council will be considering as drafted in the attached Resolution 37, Series of 2014. The applicant and Staff met on November 3, 2014 to review the completeness comments and discuss Staff's concerns that the proposed plans indicate the elimination of Lot 4, the Community Purpose facility site, and reconfiguration of Lot 6 (Buildings 10a and 10b), which Staff feels is a significant change to the PUD that warrants more discussion. Further, Staff expressed that there should be further community discussion centered on the "plaza area" that is now proposed as the new location for an aquatic facility that would serve to partially satisfy the "community purpose" for the Base Village, in lieu of Lot 4. It is Staff's opinion that the proper step for community discussion is the Sketch Plan stage. Staff did indicate to the applicant that, given Town Council's previous adoption of Resolution 28, Series of 2013 (Attachment 4) that waived Sketch Plan for the then - proposed Limelight Snowmass Hotel, Staff would continue to support this waiver for the Limelight, allowing that project to proceed directly into a Preliminary Plan review. However, the opportunity to discuss the adjacent "plaza area ", including the proposed relocation of the aquatic facility and possible alternative community purposes, would be best handled at the Sketch Plan stage. Similarly, although the change in use to a "vacation club" and fractional timeshare use was introduced during the pre- sketch meetings held last May and June, no other detailed community discussion regarding this change to Buildings 6, 7 and 8 have been considered. Again, a change of use should be discussed at the Sketch Plan step. The applicant has indicated that they are willing to go through a three -step process to further review the Lot 4 and Lot 6 reconfiguration of the plan only, but insists on requesting the waiver of Sketch Plan for the remainder of Base Village. N 11 -17 -14 TC Packet 51 TC Staff Report Base Village Major PUD Amendment Waiver and Deferral Requests November 17, 2014 Staff recommends that the Sketch Plan step be waived for the Limelight Snowmass Hotel on Lot 2 only, along with the waiver and /or deferral of items a) through d) above, for Lot 2 only. Consistent with the intent of the Land Use Code pertaining to Major PUD Amendments, Staff recommends that the remainder of the Base Village PUD be required to go through a full three - step review process, starting with Sketch Plan, as cited in Sec. 16A -5 -320 (a), for "...the Town and the applicant to engage in an exploratory discussion of a development proposal, to raise issues and concerns and to examine alternative approaches to the development of the property." A three -step process will add approximately three months to the review process. Attached for your reference are tentative schedules outlining a three -step process with Council action expected in August 2015 (Attachment 5) and a streamlined two -step process (Attachment 6) with Council action expected in May 2015. 2. Project Review Status: a. History of Prior Pertinent Actions: On October 7, 2013 and pursuant to Resolution No. 28, Series of 2013 (Attachment 4), Town Council agreed with staff that the proposed changes to Base Village, Lot 2 warranted a Major PUD Amendment. However, Town Council waived the Sketch Plan process. b. Current Process - Step Description: At the pre - application conference it was determined that the applicant could make their requests for waivers and deferrals of certain preliminary plan application submission requirements. This Staff report only addresses the waiver and deferral requests at this time. c. Other Relevant Background Information: Record documents include the Town of Snowmass Village Land Use Code (LUC). 3. Review of Procedures and Evaluation Criteria applicable per the LUC: Overview: Section 16A -5 -50, `Staff review of application,' in the Common Review Procedures of Article I, Division I, states in subsection (a)(1): ... "The Town Council, upon the recommendation of the Planning Director, may authorize the waiver or deferral of the requirement to submit certain application items if determined that they are not necessary to commence review of the application. The 11 -17 -14 TC Packet 52 TC Staff Report Base Village Major PUD Amendment Waiver and Deferral Requests November 17, 2014 1 -17 -14 TC Packet 53 authorization of the waiver or deferral request by the Town Council shall occur by adopting a resolution at a regularly scheduled meeting and shall reserve the right for the Town to require that any material initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal..." Staff recommends that the Sketch Plan step be waived for the Limelight Snowmass Hotel (Buildings 4ab and 5) on Lot 2 only, along with the waiver and /or deferral of items a) through d) above on Lot 2 only. Pursuant to the last condition in the draft resolution, the Town Council would have the option of requesting the waived and deferred reports if deemed needed during the course of the Preliminary Plan review. Staff further recommends that the remainder of the Base Village PUD be required to go through a full three -step review process, starting with Sketch Plan (Sec. 16A -5 -320 (a)). Attachments: 1. Resolution No. 37, Series of 2014, with Applicant's letter of request for waivers and deferrals dated November 10, 2014 as Exhibit `A.' 2. Map showing current configuration of Base Village as entitled. 3. Map showing current configuration of Base Village as proposed. 4. Resolution No. 28, Series of 2013 approving Limelight Snowmass Hotel waiver of Sketch Plan. 5. Proposed Schedule for three -step process (Sketch through Final PUD). 6. Proposed Schedule for two -step process (Preliminary and Final PUD only). Financial Impact: There would be no direct financial impact to the Town regarding this matter. However, the applicant's vesting for the Base Village PUD was tied to a series of milestones that would move forward certain public improvements, presuming an action on the PUD Amendment application would be taken by Town Council no later than May 31, 2015. If Council decides not to waive the Sketch Plan step, it is unlikely that action on the application can occur by the May 31, 2015 date. The applicant would then have an additional year to install public improvements such as the roundabout, Wood Road improvements and the ice melt system at the parking garage entrance /exit on Wood Road. The installation of these capital improvements could have an initial positive financial impact on the Town, although on -going maintenance will become the res on ibility of the Town, once the improvements are accepted. 1 -17 -14 TC Packet 53 TC Staff Report Base Village Major PUD Amendment Waiver and Deferral Requests November 17, 2014 1 -17 -14 TC Packet 54 Council Options: Town Council may approve, approve with conditions or deny the request for the waivers and deferrals, pursuant to attached Resolution No. 37, Series of 2014. The Town Council may consider the following options, from a conservative approach to a less conservative approach: Option 1: Require the entire Base Village PUD to move through a three -step process, beginning with Sketch Plan. (Proposed Action: Council would deny the waiver of the Sketch Plan step by voting no on the resolution). Option 2: Allow the Limelight Snowmass Hotel project (Buildings 4ab and 5) to proceed with preliminary PUD and require the remainder of the Base Village PUD to go back through a three -step process, beginning with Sketch Plan, as recommended by Staff. (Proposed Action: Council would act on the resolution as drafted). Option 3: Allow what has been previously started in Base Village to proceed (Lots 2 and 3, including Buildings 4ab, 5, 6, 7, and 8) with Preliminary Plan and require the remainder of the Base Village PUD to go back through a three -step process, beginning with Sketch Plan. (Proposed Action: Council would amend the resolution to allow the deferrals and waiver of Sketch Plan for Lots 2 and 3 only, which would then be allowed to proceed with Preliminary PUD). Option 4: Allow all of Base Village PUD to move forward with Preliminary PUD, as requested by the applicant. (Proposed Action: Council would amend the resolution to approve all of the waivers and deferrals as requested by the applicant, allowing the entire Base Village PUD to proceed with Preliminary PUD). Staff Approve Resolution No. 37, Series of 2014, as presented. This will Recommendation: allow Buildings 4ab and 5 to go directly into the Preliminary Plan step and require the remainder of the project to go to the Sketch step. "I move to approve Resolution No. 37, Series of 2014 concerning Recommended 1 -17 -14 TC Packet 54 TC Staff Report Base Village Major PUD Amendment Waiver and Deferral Requests November 17, 2014 Motion: waiver and deferral requests of certain submittal requirements for a Major PUD Amendment for Base Village." 11 -17 -14 TC Packet 55 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 4 RESOLUTION No. 37 5 SERIES OF 2014 6 7 A RESOLUTION CONCERNING WAIVERS OF SKETCH PLAN REQUIREMENTS 8 AND DEFERRALS OF CERTAIN PRELIMINARY PLAN REQUIREMENTS FOR A 9 MAJOR PUD AMENDMENT REGARDING BASE VILLAGE. 10 11 WHEREAS, the Snowmass Acquisition Company, LLC ( "SAC ") and the 12 Community Development Director ( "CDD ") held informal meetings to discuss the 13 proposed application at the Pre - application conference which was held September 14 18, 2014 and continued to September 23, 2014; and 15 16 WHEREAS, the CDD, in a written summary of the Pre - application conference 17 issued September 30, 2014, determined that the proposed application was a Major 18 Amendment to the Base Village Planned Unit Development ( "BVPUD ") pursuant to 19 the Criteria for Classifying PUDs as Major or Minor in Table 5 -3 of Section 16A -5 -300 20 of the TOSV Land Use and Development Code ( "LUDC "); and 21 22 WHEREAS, on November 10, 2014, SAC submitted a list of requested waivers 23 or deferrals of certain Preliminary Plan submission requirements including the waiver 24 of the Sketch Plan step for the BVPUD, which Major Amendment to the BVPUD 25 requires the three -step application process (Sketch, Preliminary and Final PUD); and 26 27 WHEREAS, the Town Council heard the request of SAC pursuant to the 28 provisions of 16A -5 -80 of the LUDC on November 17, 2014; and 29 30 WHEREAS, the Town Council agreed with staff's position classifying the 31 proposal as a Major PUD Amendment, but waived the submission of the Sketch Plan 32 for the Major PUD process for the Limelight Snowmass Hotel (Buildings 4ab and 5) 33 proposed on Lot 2 only, indicating that this portion of the project would not benefit 34 from the Sketch Plan step as Town Council had previously approved a waiver of 35 Sketch Plan request for a similar Limelight Hotel project from the Aspen Skiing 36 Company, pursuant to Resolution No. 28, Series of 2013; and 37 38 WHEREAS, the Town Council agreed with staff's position classifying the 39 proposal as a Major PUD Amendment, but chose not to waive the submission of the 40 Sketch Plan for the Major PUD process for the remainder of the BVPUD, indicating 41 that the remaining portion of the project would benefit from the Sketch Plan step 42 where, specifically, the Community Purpose site on Lot 4 and the proposed changes 43 to development on Lot 6, among other items, should be further discussed; and 11 -17 -14 TC Packet 56 Attachment 1 TC Reso 37, 2014 Page 2 of 4 44 45 WHEREAS, Municipal Code Section 16A- 5- 50(a)(1) states, "The Town 46 Council, upon the recommendation of the Planning Director, may authorize the waiver 47 and /or deferral of the requirement to submit certain application items if determined 48 that they are not necessary to commence review of the application "; and 49 50 WHEREAS, Municipal Code Section 16A- 5- 50(a)(1) further states, "The 51 authorization of the waiver or deferral request by the Town Council shall occur by 52 adopting a resolution at a regularly scheduled meeting and shall reserve the right for 53 the Town to require that any material initially waived or deferred may be required to 54 be submitted by the applicant at any time during the review process if needed to 55 evaluate the applicant's proposal'; and 56 57 WHEREAS, the waiver and /or deferral requests by SAC were scheduled for 58 consideration by the Town Council at its regular meeting on November 17, 2014, to 59 receive evidence and comment from Town Staff, SAC and to provide an opportunity 60 for comment from the public. 61 62 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 63 Snowmass Village, as follows: 64 65 Section One: Submission Requirements involving Waivers and Deferrals. The 66 waivers and deferrals of certain Preliminary Plan submission requirements requested 67 by SAC, as attached hereto as Exhibit "A" and incorporated herein by this reference, 68 are hereby conditionally approved, as set for the below, within the meaning of 69 Municipal Code Section 16A- 5- 50(a)(1). 70 71 Section Two: Conditions of Waivers and Deferrals. The approval of this 72 Resolution shall be subject to SAC satisfying the following Conditions: 73 74 1. The waiver of Sketch Plan shall be for the Limelight Snowmass Hotel (Buildings 75 4ab and 5) on Lot 2 only. 76 77 2. The Sketch Plan for the remainder of the BVPUD is not waived, thus requiring a 78 full three -step review process. 79 80 3. The requested waivers and deferrals noted on the attached Exhibit `A' for: 81 a) accepting computer generated three dimensional imagery in place of block 82 models (Section 16A -5 -340 (c)(2)(c)(e)(3)); 83 b) deferring condominium association documents until Final PUD submission 84 (Section 16A- 5- 340(c)(2)(1)); 85 c) deferring the submittal of a Construction Management Plan until Final PUD 11 -17 -14 TC Packet 57 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Attachment 1 TC Reso 37, 2014 Page 3 of 4 submission (Section 16A -5 -340 (c)(2)(t)); and d) deferring of the subdivision plat amendment until Final Plan submittal; is hereby approved for Lot 2 only. 4. Town Council reserves the right to require that any materials initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal and the impacts on the Base Village project as a whole. Such determination by the Town Council shall occur in accordance with the procedure set forth in of Section 16A- 5- 50(a)(1) of the Municipal Code Section Three: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on November 17, 2014 upon a motion by Council Member , the second of Council Member , and upon a vote of in favor and against. ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney Attachments: 11 -17 -14 TC Packet 58 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Markey Butler, Mayor Attachment 1 TC Reso 37, 2014 Page 4 of 4 128 Exhibit A Letter from Snowmass Acquisition Company dated 129 November 10, 2014 requesting waivers and deferrals 130 11 -17 -14 TC Packet 59 SNOWMASS ACQUISITION COMPANY LLC 16 Kearns Road, 3rd Floor PO Box 6565 Snowmass Village CO 81615 November 10, 2014 Julie Ann Woods Community Development Director Town of Snowmass Village 130 Kearns Road Snowmass Village CO 81615 Dear Julie Ann: The Application submitted by SNOWMASS ACQUISITION COMPANY LLC ( "Applicant ") on October 15, 2014 for a PUD amendment to the Base Village project requests the waiver of Sketch Plan review. The major amendments to the PUD anticipated by this Application propose no material change to height, massing, building locations, building footprints, and the like, and accordingly the Applicant proposes to waive the sketch plan requirements of the full PUD process. In connection with the Application, the Applicant has requested additional waivers or deferrals of submission requirements as outlined in Section 16A 5- 340(c)(2) for the preliminary PUD plan submission. The application proposes certain amendments to the PUD, including changes to the buildings approved for Lot 2 and Lot 3 of Base Village. This request is consistent with the Aspen Skiing Company's request for specific waivers and /or deferrals of certain Preliminary Plan Requirements for a Major PUD Amendment regarding Base Village, Lot 2. Town Council ratified this request with Resolution No. 29 Series of 2013. We request that the Town waive or defer the following: 1. As to Section 16A 5- 340(c)(2)(c) comparison to the sketch plan, we request that there not be any sketch plan review. 2. As to Section 16A 5- 340(c)(2)(c)(e)(3), Applicant requests that the Planning Director accept computer generated three- dimensional imagery in place of block models. 3. As to Section 16A 5- 340(c)(2)(1) condominium association documents, Applicant requests a deferral to Final Review. 4. As to Section 16A 5- 340(c)(2)(t), construction management plan, Applicant requests a deferral until Final Plan submission. BUS RE /5361814.1 11 -17 -14 TC Packet 60 5. As to Section 16A 5-430(3), Plat, Applicant requests a deferral until Final Plan submission. Please contact me if you have any questions. Thank you. SNOWMA CQUISITION COMPANY LLC A Delaw�ljeimited liability company M N BUS-RE/5361814 I 11 -17 -14 TC Packet 61 b / XV - - A,tta.r,-h mint 2 O �M 63 ^tt.a(-,hrn�nt � ''I LU a W NJ w ralill O�A l E► J TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 28 SERIES OF 2013 - ,' 1 .� -.�. :� 1 1 i• A 1 WHEREAS, the Aspen Skiing Company ( "ASC ") requested a Pre - application conference with the Town Of Snowmass Village ( "TOSV ") Community Development Director ( "CDD ") to obtain information and guidance on TOSV development procedures and standards as well as to determine what provisions of the TOSV Development Code apply to the proposed development; and WHEREAS, ASC and the CDD held informal meetings to discuss the proposed application prior to the Pre - application conference which was held August 13, 2013; and WHEREAS, the CDD, in a written summary of the Pre - application conference issued August 20, 2013, determined that the proposed application was a major amendment to the Base Village Planned Unit Development ( "BVPUD ") pursuant to the Criteria for Classifying PUDs as Major or Minor in Table 5 -3 of Section 16A -5 -300 of the TOSV Land Use and Development Code ( "LUDC "); and WHEREAS, Section 16A -5- 390(1) of the LUDC, "Amendment of a final PUD ", requires the CDD to make a determination classifying a proposed application as an administrative, minor or major amendment to a PUD; and WHEREAS, Section 16A -5 -30 of the LUDC provides that the Pre - application conference is the time the CDD shall make the determination classifying a proposed application as an administrative, minor or major amendment to a PUD which classification them determines the proper review process for the proposed application; and WHEREAS, Section 16A -5- 390(1) of the LUDC, "Amendment of a final PUD ", provides that the determination by the CDD classifying the proposed application as an administrative, minor or major amendment to a PUD may be immediately appealed to the Town Council pursuant to Section 16A -5 -80 of the LUDC; and WHEREAS, ASC has submitted a written appeal of the determination of the CDD classifying the proposed application as a major amendment to the BVPUD; and WHEREAS, Town Council heard the appeal of ASC pursuant to the provisions of 16A -5 -80 of the LUDC on October 7, 2013. 11 -17 -14 TC Packet 64 TC Reso 28 -13 Appeal of Community Development Director Determination Page 2 of 2 Section One: Findings. Following careful evaluation of the written appeal submitted by ASC, other materials and testimony of ASC, TOSV staff comments and recommendations, together with public comments, the Town Council finds that: 1. That there is substantial evidence in the record to support the determination of the CDD classifying the proposed application as a major amendment to the BVPUD. 2. The determination is inconsistent with the applicable provisions of the LUDC and needs to be modified. Section Two: Action. The Town Council hereby affirms the determination of the CDD classifying the proposed application as a major amendment to the BVPUD per the findings of fact in Section One, Findings, with the following modification: TOSV hereby waives the requirement of Sketch Plan review as provided in Section 16A -5 -320 and upon submission of the application by ASC, the application shall begin with Preliminary Plan review pursuant to Section 16A -5 -340 and be followed by Final Plan review pursuant to Section 16A -5 -360. INTRODUCED, READ, AND ADOPTED, on the motion of Town Council member Butler and the second of Town Council member Kucker by a vote of five (5) in favor, and none (0) opposed, on this 7th day of October, 2013, TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor A T: r� Rhonda Coxon, Clerk APPROVED AS TO FORM: 11 -17 -14 TC Packet 65 11 -17 -14 TC Packet 66 �:i a' N 1 1 c7 z z W c� z H r 0 � rf' N uj g J uim y O z °- F— F- u O Z Ln ry CL H Z W p O Z W _Z � Z Q W LLJ Z O Z F- Q W C7 c~n Q J J 0 N OO Co > W Vi z Q €s! Z d- W LU O €p W O �s O Cl- a- 11 -17 -14 TC Packet 66 �:i a' N 1 1 11 -17 -14 TC Packet 67 C1, 4o Q t- m o� �-, -• ^7 Of :E N m '2 Co Co N W I.J.. VS 0'J ti N VS m t� m m O L LJ H 11 Cq 10 N V w Q � Cam] 11 .O-i c m q M 4o Q t- m o� �-, -• ^7 Of :E N m '2 Co Co N W I.J.. VS 0'J ti N VS m t� m Cw7 00 n N Chi i- 71 ti a; �-+ N N ip Co Z .Oy Co IO N C7 m o L r N N N (n G' ' L['9 Lf'S Lr) LC Li m LO ,�, r• ;.,C1 3- , r- ;'O C}' :.CS '.C7- . C} C3, ti ti N N" N go Uj N m M LI7 LL] Lr) -NO F- N c o LJ.1 LCl ' Ln '., Lf"S: LP} ' Lfi : 'Lh L('Y - Lf'i a- r L!"S ` . , Lf'Y` .-� +a-, .r- tS'f t- ' L['Y �Lo N r CS C>i-' ;.rr -'C} N ' ., ;.r" ;. ,� LLB '-+ CO ri "M. ,.: r i' , : ' cf sf „d �f Ln : ., J ' LC) Cr Co c i LLJ m F ,7, �-• 00 LJ LLJ O N N � N m N LJJ V O V ko 11 -17 -14 TC Packet 68 Cw7 z e 2 a 2 ® z Q 3 2 a = a 2 2 b » _ = a 2 2 ®= e g g LIJ « r 2 g N d z = 2 5 2 a = 2 g 2 LL 00 ell 11 3 c e e 2 00 e . w Ln Ln S 4 a m= 2 q$ a ®= 3 g 9 » ®= s 2 5 + > 2 g @ ¥ = s 2 § S. � z e 9 e 2 + » Q 3 2 + m = 3 2 2 \ « = 2 Q g z > 2 g 2 Iq Co » c 2 2 \ a x 2 3 2 » e = 5 % \ 2 z « Q 5 2 z = 3 2 2 + = a Q 3 Iq ., z \ e a e \ ]] —]7 —]4 TG Packet 69 �Ar) Ln, 0, '0", O�: CN, LLJ Lr-j LLJ Cal -,N, V) Ln LLJ 0 F- u z — Ln LL- LLJ V) C) < U LLI C) C:� LIJ A LLJ < LLJ LLJ zry LIJ CL > < C) C) CL Co M #101% LU af LLJ LLJ U u LLI Uj Cr- 0 < � = I V o CL 0- -11 �Ar) Ln, 0, '0", O�: CN, Lr-j ''os: _4 -,N, 11 — 17-14 TC Packet 70 11 -17 -14 TC Packet 71 N O-1 P7 U- �z m o to ^t ti " O W W _ - N m IN m G Ln ,-+ GO 1,-0 N m Ln Ln N N ti N N to L N Ln .-� UJ L^ N C {may N N F L7 ti ti F C7 m O C N y Go LfJ G7 CJ 3 r-I N 00 iD N l N ~ � N N GS Co L^ CIO N m N m W LL Ln U.) M N Go In t� N O ti N L_ m L y N M C�o ;mom Om Cq N >- � L- F- m ti cOi nj ON Cq G e {y N v5 GD Co O L- `'� O L n7 17 N N OD to Co L-. S m N Co N . uj 11 t0 N m G1 itO N M N N Z N N Ln L- '-7' N N cn L .-1 7 N ti L7 N G. N N C7 m O N Co rq N Pl F N N m m 1, O L W N N -N OD N O Q Z N n7 O c:7 m O Ln 10 O L- c� N .0 m ti GO L7 N '�'t' ti N �--! Co L7 N -�'+ 1111 h N O m 0 i- n7 O J m 0 N m tiN m 2 U N G]_� N N LLI L Cr, m ti N O n ^ `mom, i^7 U � Q n n—- N Q n to ,N� N 11 -17 -14 TC Packet 71 N AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: 2015 Housing Renovations - Presentation of Phase I, Creekside Apartment Buildings 100, 200, 900, 1000 & 1100 Schematic Desian and Estimated Construction Cost Budget Presented By: Joe Coffey, Housing Director & Bob Kaufmann, Kaufmann Construction, Jim Kehoe, Charles Cunniffe Architects Core Issues: Presentation of the Creekside renovation schematic design and estimated construction budget. The renovation team will request Council approval to continue with the design development to reach our goal of beginning construction in April of 2015.Council will be presented the final pricing before a Guaranteed Maximum Price Construction Contract (GMP) is signed after the first of the year. Description: Council approved the selection of Charles Cunniffe Architects in June and since that time we have been working on the schematic design and material selection to make the buildings energy efficient and sustainable with low cost on -going maintenance expenses. Jim Kehoe of Cunniffe Architects will present a brief power point presentation today showing the proposed building renovations. The exterior renovations give the buildings a complete new appearance and they are similar to other free - market residential complexes in the Village. The Creekside rental units are anticipated to be 30 % -35% more efficient after the renovations. During this phase, we also conducted an RFQ /P process, with interviews to select a Construction Manager / General Contractor. After reviewing the qualifications of five local construction firms, Crystal Springs Builders was selected to perform the pre - construction services. Financial The first phase of the renovation work (Soft & Hard Costs) is Impact: estimated to cost $3,025,000 for buildings 100, 200, 900, 1000 & 1100. This phase consists of five buildings (45 units), with a cost of $605,000 per building. This price includes site work and two new trash dumpster sheds. Staff recommends that the first phase of the Housing Renovations be funded utilizing the Housing Excise Tax Funds. Council This is an informational item only. No Council action is required. Options: Assuming the Council still supports this project, the Renovation Team will continue on to the next phases — Design Development (DD) and Construction Documents (CDs). The project cost will be re- estimated at the end of DD and hard bid at the end of CDs. Staff This is an update on an on -going project. No motion or Council Recommendation: action is needed. Unless otherwise directed by the majority of Council, staff will continue with the design process and development 11 -17 -14 TC Packet 72 Housing Memo Page 2 of 2 1 -17 -14 TC Packet 73 of the construction documents necessary to begin the renovation project in April 2015. Attachments: Cunniffe Architects, Creekside Renovations Presentation 1 -17 -14 TC Packet 73 C O GJ m cn O > O N 4a � N . MM>^ i dA 7� W CU U Cu b " E 4-+ 3 tW C ++ 4— E C C O N Q) Cl C O O O co E N E- 3 N m O V N •N — O C m C -C cn aj � V Q7 V N C N a-:+ Cu .0 C O aj 'C Z •N (� N � 4-j 'ca � •C _ +j i > O O a� O c� O O N I— E N L 0 O X 0) 11 -17 -14 TC Packet 74 N 4-+ C O O L Q. .E > L N O V 7N z O O W Z_ of LU J ..1 SQ O Vf LL O Z O UI- qW ¢2 MESC U< LLJ 0 LIJ w w a �i U! y 41O RN 1- 17 -14TC Packet 75 V ly- yU W� U< Z _0 0 Z u^i I y W ``C) Y W LU LL A N N a 43 4 °z RN 1 -17 -14 TC Packet 76 {Wl LL 2 2 U 1�- yU W U< Z O O Z /W^/ ry W ''C) `v JJ Y W /W^/ ry a N 4 H a 4Ro O 11 -17 -14 TC Packet 77 W 4. 4 I 2 7 VN NOqW ¢S tS.)< Z O Q O Z W ry W `v JJ Y W ^W ry A Fa H H a 43 40 o 0 11 -17 -14 TC Packet 78 W 4 4 Z 2 U� fAV W� VC Z O O Z / W/'�� L.G. W 'C) v // \l/ W W ry a t th 4 Yl 14 �O 00 11- 17 -14TC Packet 79 LLW LL 2 2 �y vF- yU W,3 J t,1( Z O Q O Z NW 1 y W 'Q v W NW 1 y A N N a 43 4o 04" 1 -17 -14 TC Packet 80 z _0 F-- Q 0 z W ry W Q W W ry rai N �O 4 tiZ Rio 4W t 2 Z U 1�- WW Z MC3 0 SS U< W J W DC O z z _0 F-- Q 0 z W ry W Q W W ry rai N �O 4 tiZ Rio 1- 17 -14TC Packet 81 z O F- Q O z w ry W 0 V) w W ry a u 4:E H H 43 4 °z 040 LLLLW LL S 2 mw UF- }UV ¢_ z 0 a W J W a w z O F- Q O z w ry W 0 V) w W ry a u 4:E H H 43 4 °z 040 11 -17 -14 TC Packet 82 z 0 I- Q O z W ry W C) V) W W ry iA 4:E N �O 4Z ON W tt Z yU MCI U� W z (U 0 vi a w J W F-' 0 Ln z 0 I- Q O z W ry W C) V) W W ry iA 4:E N �O 4Z ON 11 -17 -14 TC Packet 83 z _O Q O z W ry W Q W W ry i' 4:E Nl 't,O NN W LL 2 Z ,W J� zU< O W J W Ln W z _O Q O z W ry W Q W W ry i' 4:E Nl 't,O NN 1 -17 -14 TC Packet 84 W LL LL _ Z 2 v� NV J� mm U< Z _0 Q 0 Z LU LL W ''0 Y W LU LL N u 43E 4z =W o_ f y A � � i m € s E U / m —, c r I O F V N C = N — S n O � LL - T o LL Cn 0 w W Q W 2 ro 2 I I O N J , W t :i = M 0 I m t/1 Z V W z W J J a W 11- 17 -14TC Packet 85 L�J N O N U W N cn O Cl 0 a-J N L: U U U w V) U X 4J 00 N N 01 O U Lr) N = I-, w CC N Cir- O n O m N o� 00 O i m U / m —, U O_ N C7 d' N = � CC .N N U U w V) U X 4J 00 N N 01 O U Lr) N = I-, w CC N Cir- O n O m N o� 00 9. 'n 2 �N Uh NwUw �C <U U< z _O I— J V) z rz _V V) w 0 LU a_ O J ui w 4H 2 ,O Fl IA i -J —, O_ N .N CO L L Q CU Q� 4- y. N L O O t/1 `n Q O >� L Q > W W 'i N m 4 9. 'n 2 �N Uh NwUw �C <U U< z _O I— J V) z rz _V V) w 0 LU a_ O J ui w 4H 2 ,O Fl IA MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: November 17, 2014 SUBJECT: Proposed Krabloonik sale I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The prospective Buyers of Krabloonik have requested time before Council to discuss and gain Council approval for an assignment of the Lease and Purchase Option to become the owners /operators of Krabloonik. II. BACKGROUND Owner Dan MacEachen has been negotiating with Danny and Gina Phillips, Krabloonik's current operators to consummate a sale of Krabloonik which would make the Phillips the owner /operators and allow Mr. MacEachen to retire from the business. Therecontingencies in the contract that have taken some time to work through and the issue is now ripe for decision. III. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS This is only a request to schedule the discussion IV. STAFF RECOMMENDATIONS AND FINDINGS Based on the effort put forth to date by Buyer and Seller, Staff recommends that Council place this discussion/ approval on an agenda in December. 11- 17 -14TC Packet 86 KRABLOONIK LEASE AND OPTION 25 THIS LEASE (the "Lease ") is effective the day of '2006, between TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipality ( "Landlord "), whose address is P. O. Box 5010, Snowmass Village, Colorado 81615, and KRABLOONIK, INC., a Colorado corporation, whose mailing address is P. O. Box 5517, Snowmass Village, Colorado 81615 ( "Tenant "). WITNES SETH THAT, Landlord does hereby lease to the Tenant and the Tenant does hereby rent from the Landlord the Premises and Inclusions described below. TO HAVE AND TO HOLD for the term and at the rental and upon the conditions and covenants hereinafter set forth. TERM AND RENEWAL. The ermsf this Lease shall commence on q 1 2 2006 and shall expire on 2-5 , 2026, or on such earlier date as this lease may terminate as provided below. PREMISES AND INCLUSIONS. The Premises consists of Lots 45 and 51, the Divide Subdivision, according to the First Amended Plat of Lots 42, 45 and 47 of the Divide , Subdivision (the "Amended Plat ") thereof recorded I I Z.< _, 2006, in Plat Book at Page , of the Pitkin County records. The Inclusions consists of all improvements on the Premises and all fixtures and equipment located upon or within the improvements. 3. USE. Tenant shall not occupy or use the Premises or any part thereof, nor permit or suffer the same to be occupied or used for any purpose except as a restaurant and sled dog kennel similar in scope and nature to the current operation, known and referred to as " Krabloonik Restaurant" and " Krabloonik Kennels." Consistent with past operations, the Krabloonik Restaurant shall be open for dinner business at least one hundred (100) days during each ski season. Except where prevented by weather or other circumstances beyond the control of Tenant, the Krabloonik Kennels dog sled operation shall be open for business at least one hundred (100) days during each ski season and will not operate during the summer season. The extent of the operation of the Krabloonik Restaurant during the summer months shall be determined by Tenant, in its sole discretion. 4. RENT. Tenant shall pay Landlord as rent for the entire Lease Term the amount of $200.00, payable upon execution of this Lease. 5. EXPENSES. a. Tenant shall pay all expenses relating to utility services provided to or for the Premises during the term of the Lease. Tenant shall pay such utility charges in a timely fashion and shall not permit any liens to be asserted or filed against the Premises. Tenant shall be solely responsible for posting any deposits required by utility providers and for paying any service initiation fees. 11 -17 -14 TC Packet 87 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 2 b. Tenant shall reimburse Landlord for all real estate taxes assessed to the Premises. The parties anticipate that the Premises will be exempt from real estate taxes since it is owned by a municipality, but that Tenant will be responsible for the payment of property taxes based upon its personal property and/or leasehold improvements. Tenant shall also reimburse Landlord for the cost incurred by Landlord for its casualty and liability insurance for the Premises. At such time as Landlord is able to determine the amount of real estate taxes and insurance reimbursement for which Tenant is responsible, Landlord shall provide Tenant with a statement of such expenses. Tenant shall provide payment of the amount due within thirty (30) days following receipt of such a statement. The obligation to reimburse Landlord for real estate taxes and insurance expenses shall survive the expiration of the term of this Lease and shall be considered additional rent and the failure to pay such additional rent within the time provided above shall be considered a default of this Lease. 6. INSURANCE. a. Tenant, at Tenant's expense, shall obtain and keep in full force for the benefit of the Landlord, during the term hereof, general public liability insurance, insuring the Landlord against any and all liability or claims of liability arising out of, occasioned by or resulting from any accident in or about the Premises, for injuries to any person or persons. The policy shall be written on an occurrence basis and contain coverage at least as broad as that provided under the then most current Insurance Services Office (ISO) commercial general liability insurance form which provides the broadest coverage. Each policy shall specifically include the Premises and all areas, including sidewalks, adjoining or appurtenant to the Premises. The insurance coverage shall be in an initial amount of not less than $1 million per occurrence limit, $1 million general aggregate limit, $1 million personal and advertising limit, and $1 million products /completed operations limit, which coverage limits may be effected with umbrella coverage. b. The policy or policies of insurance shall be delivered to the Landlord, together with evidence of the payment of the premiums therefore, not less than thirty (3 0) days after commencement of the term hereof or of the date when the Tenant shall enter into possession, whichever occurs sooner. At least fifteen (15) days prior to the expiration or termination date of any policy, the Tenant shall deliver a renewal or replacement policy with proof of payment of the premium thereof. C. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord from and for any and all payments, expenses, costs, attorney fees and from 11 -17 -14 TC Packet 88 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 3 and for any and all claims and liability for losses or damage to property or injuries to persons (collectively, "Claims ") occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the occupancy by the Tenant and the conduct of the Tenant's business. d. The Tenant waives all rights of recovery against the Landlord or Landlord's agents, employees or other representatives, for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. The Tenant shall obtain from the Tenant's insurance carriers and will deliver to the Landlord, waivers of the subrogation rights under the respective policies. Landlord shall be named as an additional insured under all policies of insurance called for herein. 7. ASSIGNMENT. Except as provided below, there shall be no assigning of this Lease, or subleasing of any part of the leased property without -the specific written consent of the Landlord. After , 2016, Tenant may assign this Lease to a qualified operator of the Krabloonik Restaurant and dog sled business upon the consent of Landlord, which consent shall not be unreasonably withheld. 8. MAINTENANCE AND REPAIRS. The Tenant has examined the Premises and the Inclusions and has entered into this Lease without any representation on the part of the Landlord as to the condition thereof. Tenant is relying upon its own inquiry as to applicable zoning and other land use regulations, if any, governing the permitted uses of the Premises. In addition to the obligations described above, Tenant shall take good care of the Premises and Inclusions and shall, at the Tenant's own cost and expense, make all repairs, including painting and decorating, and shall maintain the Premises and Inclusions in good condition and state of repair, and at the end or other expiration of the term hereof; shall deliver up the Premises and Inclusions in good order and condition, ordinary wear and tear from a reasonable use thereof, and damage by the elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yards, entrances and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash and refuse. In addition, Tenant.shall be responsible, at its expense, to plow snow from the parking lot to be constructed on Lot 51 of the Divide Subdivision, as- needed, in order for the parking lot to provide vehicle parking for permitted day skiers when the Campground Lift is in operation in addition to patrons of the Krabloonik Restaurant and Krabloonik Kennels. In case of destruction of, or any damage to the glass in the Premises, or the destruction of, or damage of any kind whatsoever to the Premises or Inclusions, caused by the carelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees 11 -17 -14 TC Packet 89 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 4 or successors, or any cause not directly attributable to the neglect of Landlord, the Tenant shall repair the'said damage or replace or restore any destroyed parts of the Premises, as speedily as possible, at the Tenant's own cost and expense. 9. ALTERATIONS. Subject to the terms and conditions of prior land use approvals, including the Divide PUD Approval, Ordinance No. 13, Series of 2004, and the provisions of the Amended Plat, Tenant may alter, improve, install fixtures upon or expand the Krabloonik Restaurant and structures utilized in the sled dog kennel operation, including the construction of an additional dwelling unit for an employee of the Krabloonik Restaurant and/or dog sled operation without Landlord's consent. Unless otherwise provided by separate written agreement of the parties, all such alterations, additions or improvements when made, installed in or attached to the said Premises, shall belong to and become the property of the Landlord and shall be surrendered with the Premises as part thereof upon the expiration or sooner termination of this Lease. All work with respect to any permitted alterations, additions, or improvements shall be done at Tenant's sole expense in a good and workmanlike manner, strictly in accordance with the plans and specifications approved by Landlord. Tenant shall, at its own expense, obtain all necessary building or other permits or approvals required by appropriate governmental authorities prior to beginning such work. If any mechanics' or other liens shall be created or filed against the leased Premises by reason of labor performed or materials furnished for the Tenant in the alteration, addition or repair to any building or improvement, the Tenant shall within ten (10) days thereafter, at the Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any Notices of Intention that may have been filed. Failure to do so shall entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, or to remove or discharge of record any lien or liens together with any Notices of Intention at Tenant's- sole cost and expense, in addition to such as are permitted by law. Any goods, inventory, or other personal property of Tenant not affixed to the Premises and not removed by Tenant upon termination of this Lease, or upon any quitting, vacating or abandonment of the Premises by the Tenant, or upon the Tenant's eviction, shall be considered abandoned and Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 10. DISPOSAL OF DOG WASTE. Dog waste will be collected on a daily basis, placed in heavy duty plastic bags or other suitable containers and either (i) deposited in the dumpster located Lot 44 of the Divide Subdivision which is shared with the Aspen Skiing Company for subsequent transfer to the Pitkin County Landfill no less often than weekly, or (ii) hauled directly to the Pitkin County Landfill on a daily basis. Tenant shall insure that the contents of the shared dumpster shall be collected at least weekly for transfer to the Pitkin County Landfill. Dog waste shall not be allowed to accumulate or be stored on the Premises. 11- 17 -14TC Packet 90 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 5 Subject to Landlord's approval, which shall not be unreasonably withheld, dog waste which is placed in heavy duty plastic bags or other suitable containers may be deposited in a dumpster to be located on Lot 51 for subsequent transfer to the Pitkin County Landfill no less often than weekly. 11. PURCHASE OPTION. Provided that Tenant, by and through its President, Dan MacEachen, has continuously operated the Krabloonik Restaurant and Kennels pursuant to this Lease for at least ten (10) years after its commencement, Tenant will have the option (the "Option ") during the remaining term of the Lease (the "Option Period ") to purchase Lot 45 of the Divide Subdivision and all improvements located thereon from the Landlord. The "Option Price" will be determined by the formula described below which is intended to assure that the Landlord will be recover the full value of its investment in Lot 45. That investment consists of the net present value of the Lease and the net proceeds realized by MacEachen Holdings, LLC from the sale of Lot 42, of the Divide Subdivision, both of which will be adjusted to reflect changes in economic conditions between the date on which said Lot 42 was conveyed by Landlord to MacEachen Holdings, LLC and the date on which the Option is exercised. During the Option Period, Tenant may exercise the Option by providing written notice of election ( "Notice of Election ") to the Landlord and by tendering the Option Price within ninety (90) days thereafter. Upon tender of the Option Price, Landlord shall convey Lot 45 to Tenant, or its assigns, by special warranty deed, free and clear of monetary liens and subject only to those encumbrances and title exceptions in effect on the date that Lot 45 was conveyed by MacEachen Holdings, LLC to the Landlord. The Option Price shall be the sum of (i) the net present value of the Lease on the date of Closing for the period of time from that date to the date of the Notice of Election and (ii) the net proceeds from the sale of Lot 42 adjusted to reflect the increase or decrease in the market value of Lot 42 between the date of Closing and the date of the Notice of Election. The following formulae and assumptions shall be utilized to determine the Option Price: (1) For the purpose of determining the net present value of the Lease, it is assumed that the annual rent for year one of the Lease is $84,000.00, that the annual rent will be inflated at a rate of 3% per annum and that a discount rate of 10.5% will be applied. (2) Net proceeds from the sale of Lot 42 equals the gross sales price received by MacEachen Holdings, LLC less costs of sale. Costs of sale consist ofreal estate commissions, direct marketing costs, closing costs, the cost to reclaim the existing parking lot and the costs associated with the Town's affordable housing mitigation 11 -17 -14 TC Packet 91 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 6 requirements for Lot 42. Such costs will not include any costs incurred by MacEachen in processing amendments to the Divide PUD or in the design and construction of a new parking lot on Lot 51. The net proceeds will be adjusted in accordance with the following formula: (NP x PI) + NP = Option Price where NP equals net proceeds and PI equals the percentage increase in the market value of Lot 42. The percentage increase shall be determined in accordance with the following formula: (X -Y)= Y =PI where X is the average actual value of land and improvements for all improved lots within the Divide PUD as determined by the most recent determination of value by the Pitkin County Assessor immediately prior to the date of Notice of Election, and Y is the average actual value of land and improvements for all improved lots within the Divide PUD as determined by the most recent determination of value by the Pitkin County Assessor immediately prior to Closing. 12. COMPLIANCE WITH LAW. The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements, and directives of the federal, state, and municipal governments or public authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the said Premises, their use and occupancy, and, in particular, the requirements of Ordinance No. 13, Series of 2004 (including any amendments thereto or modifications thereof), and the provisions of the Amended Plat and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage or injury, all at Tenant's own cost and expense. Tenant shall not use the Premises for any purposes deemed unlawful, disreputable, or extra hazardous. 13. CASUALTY. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the Premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. In no event, however, shall the provisions of this clause become effective or be applicable if the fire or other casualty and damage shall be the result of carelessness, negligence or improper conduct of the Tenant or Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant's liability for payment of rent and the performance of all the covenants and conditions and terms hereof on the Tenant's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by 11 -17 -14 TC Packet 92 Krabloonik Lease and Option Town of Snowmass Tillage, Colorado, and Krabloonik, Inc. Page 7 the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord's costs and expenses .to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement. 14. INSPECTION AND REPAIR The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter into and upon the said Premises or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as maybe necessary for the safety and preservation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs. Tenant expressly waives and releases any claim, demand, or cause of action it might have by reason of any inconvenience, annoyance to Tenant, his guests, licensees, or invitees arising from any maintenance, alteration or repair to any portion of the Premises, the building in which it is located, or the property upon which it is situated. Tenant grants to Landlord the right to temporarily discontinue utilities or any of them at any such time or times as may be necessary by reason of any such maintenance work, alteration or repair. In the event Landlord makes repairs to the Premises, where such repairs are necessitated by circumstances other than Tenant's negligence or willful acts or omissions, such repairs shall be performed as diligently as possible so as to cause a minimum of interference with Tenant's use and enjoyment of the Premises. 15. REIMBURSEMENT. If the Tenant shall fail or refuse to comply with or perform any conditions or covenants of this Lease, the Landlord may, if the Landlord so elects, carry out and perform such conditions or covenants, at the cost and expense of the Tenant, which cost and expense shall be payable to Landlord on demand as additional rent. This remedy shall be in addition to such other remedies as the Landlord may have under this Lease. 16. DEFAULT. a. If there should occur any default on the part of the Tenant in the performance of any conditions or covenants herein contained, or if, during the term hereof, the Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefor, or for damages, and whether or not this Lease has been terminated, re -enter the said Premises and again possess the same; and as agent for the Tenant or otherwise, re -let the Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorneys' fees and costs, as the Landlord may have 11 -17 -14 TC Packet 93 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 8 incurred in reentering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re -entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees, and costs; the same to be paid as such deficiencies arise and are ascertained each month. b. Upon any default, or if Tenant be adjudicated a bankrupt, insolvent or placed in receivership, or should proceedings be instituted by or against the Tenant for bankruptcy, insolvency, receivership, agreement of composition or assignment for the benefit of creditors, or if this Lease or the estate of the Tenant hereunder shall pass to another by virtue of any court proceedings, writ of execution, levy sale, death of Tenant, or by operation of law, the Landlord may, if the Landlord so elects, at any time thereafter, terminate this Lease, upon giving to the Tenant or to any trustee, receiver, assignee, personal representative, or other person in charge of or acting as custodian of the assets or property of the Tenant, ten (10) days notice in writing, of the Landlord's intention to do so. Upon the giving of such notice, this Lease and the term hereof shall end on the date fixed in such notice as if the said date was the date originally fixed in this Lease for the expiration hereof; and the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise, without liability for damages. Provided, however, during said ten (10) day period, Tenant shall be entitled to cure any default for which Landlord has issued notice, and if such default is cured within the ten (10) day period, Landlord shall not be entitled to terminate this Lease. Furthermore, should a default exist which requires more than ten (10) days to cure, with the exception of default in the payment of rent or the maintenance of required insurance, Tenant shall be entitled to a reasonable additional period of time within which to effect such cure so long as Tenant diligently, continuously and in good faith attempts to cure such default at the earliest possible time. C, No right of redemption shall be exercised under any present or future law of the State ofColorado, in case the Tenant shall be dispossessed for any cause, or ifthe Landlord shall, in any other manner, obtain possession of the Premises in consequence of the violation of any of the covenants and agreements of the Tenant. To the extent that statutorily required three (3) day demand for possession or payment of rent may be deemed a right of redemption, the right of Tenant to pay rent and cure a default in the payment of rent hereunder shall not be deemed waived by this paragraph. 11 -17 -14 TC Packet 94 Krabloonik Lease and Option Town of S'nowmass Village, Colorado, and Krabloonik, Inc. Page 9 d. With the exception of Tenant's failure to pay rent as required herein, for which no notice or demand is required, Tenant shall not be deemed to be in default unless and until Landlord has issued a written notice of default to Tenant in accordance with the terms of this Lease Agreement. 17. ATTORNEYS' FEES. Tenant shall pay, upon demand, reasonable attorneys' fees and all other expenses incurred by the Landlord in enforcing any provision of this Lease, or in any action or proceeding by reason of a default under this Lease or incurred by reason of any action to which Landlord shall be made a party because of this Lease, all of which may be awarded to Landlord as part of any such action or proceeding. In the event of any litigation between the parties surrounding the enforcement of any term or condition of this Lease, the party ultimately prevailing therein shall be entitled to recover all reasonable costs and attorneys' fees. In the event of any such litigation between the parties, the parties agree to waive the right to request a jury trial. 18. LANDLORD NOT LIABLE. The Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or any other person as a consequence of the failure, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like, or of the electrical, gas, power, conveyor, refrigerator, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other Tenant or this or any other Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to any interference with, interruption of, or failure, beyond the control of the Landlord, of any service to be famished or supplied by the Landlord, except as a consequence of Landlord's actual negligence. 19. QUIET ENJOYMENT. Subject to the terms of this Lease, Landlord covenants and represents that the Landlord is the owner of the Premises herein leased and has the right and authority to enter into, execute and deliver this Lease; and does further covenant that the Tenant, on paying the rent and performing the conditions and covenants herein contained, may peaceably and quietly have, hold and enjoy the leased Premises for the term aforementioned. 20. CUMULATIVE REMEDIES. The various rights, remedies, options and elections of the Landlord, expressed herein, are cumulative, and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this Lease or to exercise any election or option or to resort or have recourse to any remedy herein conferred or the acceptance by the Landlord of any installment or rent after any breach by the Tenant, in any one or more instances, shall not be construed or deemed to be a waiver or a relinquishment 11 -17 -14 TC Packet 95 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 10 for the future by the Landlord of any such conditions and covenants, options, elections or remedies, but the same shall continue in full force and effect. 21. HOLDING OVER. This Lease shall expire of its own accord without notice at the end of the term, or any renewal, as herein specified. If, after the expiration of this Lease, Tenant remains in possession of the Premises with the Landlord's consent, such holding over shall be a tenancy -at -will at a rental equal to 115% of the last monthly rental provided in this Lease, and otherwise subject to all the obligations and conditions of this Lease. 22. SEVERABILITY. The terms, conditions, covenants and provisions of this Lease shall be deemed to be severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction of by operation of any applicable law, it shall not affect the validity of any other clause or provision herein, but such other clauses or provisions shall remain in full force and effect. 23. NOTICES. All notices required under the terms of this Lease shall be given in person or by mailing such notices by certified or registered mail, return receipt requested, to the address of the parties shown at the beginning of this Lease, or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received three (3) days after the date of certification or registration. 24. ENTIRE LEASE. This Lease contains the entire contract between the parties. No representative, agent or employee of the Landlord has been authorized to make any representations or promises with reference to the within letting or to vary, alter or modify the terms hereof. No additions, changes or modifications, renewals or extensions hereof shall be binding unless reduced to writing and signed by the Landlord and the Tenant. 25. REFERENCES. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. 26. BINDING EFFECT. All terms, covenants and conditions herein contained shall be for and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators, personal or legal representatives, successors and assigns respectively; provided, however, the term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner of the building in which the Premises is located and, in the event of any transfer of such interest, Landlord herein named shall be automatically freed and relieved from and after the date of such transfer or conveyance of all liability with respect to 11 -17 -14 TC Packet 96 Krabloonik Lease and Option Town of Snowmass Village, Colorado, and Krabloonik, Inc. Page 11 performance of any covenants or obligations thereafter to be performed under this Lease, it being intended hereby that the covenants and obligations of Landlord contained in this Lease or provided by law shall be binding on Landlord, its successors and assigns, only during and with respect to their respective successive periods of ownership. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year set forth below. TOWI,OF SNO S VILL , COLORADO By: 4;Jr D Kc4 j7-jL,,A--P1u--"a Date: -r.- -� c - Tenant: KRABLOONIK, INC. By � Daniel MacEachen, President Date: "� U cp FX1ient \MacEachen\Krab1oonik Lease and Option 091906.wpd 11- 17 -14TC Packet 97 AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: Update to the Town Council Regarding Pending Litigation Between the Town and Richard C. Goodwin Presented By: John Dresser, Town Attorney Core Issues: The Town Attorney will update the Council on the pending litigation Description: Financial Impact: Council Options: Staff Recommendation: 11 -17 -14 TC Packet 98 AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: Discuss and Decide on a Process to Fill the Existing Vacancy on Town Council Presented By: Rhonda B. Coxon, Town Clerk Core Issues: In the November 4, 2014 Election, Markey Butler received the highest votes for Mayor of Snowmass Village. Once she is sworn in as the Mayor, this creates a vacancy for the remaining 2 years of her term as a Council Member. Council Options: The Snowmass Village Home Rule Charter Section 3.8 Vacancies states the following: An elected officer shall continue to hold office until a successor is duly qualified. An elective office shall become vacant whenever any officer is removed, recalled, dies, becomes incapacitated, resigns, ceases to be a resident of the Town or is convicted of a felony. Within thirty (30) days after a vacancy occurs, the remaining Council Members shall choose by majority vote a duly qualified person to fill such vacancy on an interim basis until the next municipal election. If three or more vacancies exist simultaneously the remaining Council shall, at the next regular meeting of the Council, call a special election to fill such vacancies, provided there will not be a general municipal election within ninety (90) days; The process to fill the vacant Town Council position is completely dictated by the Town Council. The Council is free to undertake any process it deems most appropriate; including simply appointing an individual. Because the process to fill the vacancy is completely up to the Council, there are many options available to the Council. They include: 1. In the past the Clerk has published and posted a notice and requested interested electors to submit applications for consideration for appointment as a member of the Town Council. The Council interviewed the interested parties and appointed the elector for the remainder of the vacant term. 2. Simply appoint an individual the majority of Council can agree upon. 1 -17 -14 TC Packet 99 1 -17 -14 TC Packet 100 The Charter mandates that the vacancy be filled by December 17. In order to avoid a special meeting, whatever process is decided upon, the Council should be designed so that the Council makes the appointment no later than the December 15th meeting. Staff Staff recommends option 1) publishing and posting a notice to Recommendation: request interested electors apply by application and Council interview appoint. If this is the approach the Council agrees with, the Council will need to set a date they would like to have applications turned in and will also need to set a date and time to hold interviews. 1 -17 -14 TC Packet 100 AGENDA ITEM SUMMARY TOWN OF SNOWMASS VILLAGE Meeting Date: November 17, 2014 Agenda Item: Town Council Reports and Actions NOMINATE AND ELECT A MAYOR PRO TEM Presented By: Clint Kinney, Town Manager Core Issues: In Section 3.7 of the Snowmass Village Town Charter is states; The Mayor Pro Tem shall be elected from the Council membership by a majority vote of the entire Council. Said elections shall take place at the organizational meeting following each general municipal election. The Mayor Pro Tem shall serve until the next organizational meeting unless sooner removed by majority vote of the entire Council. In the absence or disability of the Mayor, the Mayor Pro Tem shall perform all duties, and have all powers of the Mayor. If a vacancy occurs in the office of the Mayor Pro Tem, the Council shall elect a successor. Description: As the Town Charter requires, this agenda item creates the time for a discussion to occur on the appointment of a Mayor Pro Tem. Following the discussion, it would be appropriate for a motion to be made appointing a Councilor to the position. That motion would then be seconded and voted on. Financial Impact: N/A Council Options: Make a motion to elect a Council member to the Mayor Pro Tem position. Staff N/A Recommendation: 1- 17 -14TC Packet 101