Town Council Regular Meeting Tuesday, July 13, 2021, 7:00 PM Council Chambers 150 Ski Hill Road Breckenridge, Colorado
THE TOWN OF BRECKENRIDGE IS NOW HOLDING HYBRID MEETINGS. THIS MEETING WILL BE HELD IN PERSON AT BRECKENRIDGE TOWN HALL. ALL MEMBERS OF THE PUBLIC ARE INVITED TO ATTEND. MASKS ARE RECOMMENDED FOR UNVACCINATED INDIVIDUALS. IN PERSON ATTENDEES MUST NOT ACCESS THE VIRTUAL MEETING WHILE IN COUNCIL CHAMBERS. This meeting will also be broadcast live over Zoom. Log-in information is available in the calendar section of our website: www.townofbreckenridge.com. Questions and comments can be submitted prior to the meeting to [email protected].
I. CALL TO ORDER, ROLL CALL
II. APPROVAL OF MINUTES A. TOWN COUNCIL MINUTES - JUNE 22, 2021
III. APPROVAL OF AGENDA
IV. COMMUNICATIONS TO COUNCIL A. CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) B. BRECKENRIDGE TOURISM OFFICE UPDATE
V. CONTINUED BUSINESS A. SECOND READING OF COUNCIL BILLS, SERIES 2021 1. COUNCIL BILL NO. 16, SERIES 2021 - AN ORDINANCE AMENDING SECTION 9-1- 5 OF THE BRECKENRIDGE TOWN CODE, KNOWN AS THE “TOWN OF BRECKENRIDGE DEVELOPMENT CODE,” CONCERNING THE MEASUREMENT OF BUILDING HEIGHT IN FLOODPLAIN AREAS IN LAND USE DISTRICTS 31 AND 43 2. COUNCIL BILL NO. 17, SERIES 2021 - AN ORDINANCE CONCERNING A FOR RENT WORKFORCE HOUSING PROJECT AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND OTHER DOCUMENTS
VI. NEW BUSINESS
1 A. FIRST READING OF COUNCIL BILLS, SERIES 2021 1. COUNCIL BILL NO. 18, SERIES 2021 - AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 8 OF THE BRECKENRIDGE TOWN CODE CONCERNING THE BUILDING CODES OF THE TOWN OF BRECKENRIDGE BY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 2020 EDITION 3. COUNCIL BILL NO. 19, SERIES 2021 - AN ORDINANCE AMENDING SECTION 4-1- 8-1 OF THE BRECKENRIDGE TOWN CODE CONCERNING UNREASONABLE NOISE EMANATING FROM AN ACCOMMODATION UNIT 4. COUNCIL BILL NO. 20, SERIES 2021 - A DEVELOPMENT AGREEMENT FOR A BONUS ROOM IN THE WELLINGTON NEIGHBORHOOD B. RESOLUTIONS, SERIES 2021 1. RESOLUTION NO. 16, SERIES 2021 - A RESOLUTION MAKING SUPPLEMENTAL AND REDUCED APPROPRIATIONS TO THE 2021 TOWN BUDGET 2. RESOLUTION NO. 17, SERIES 2021 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN, SUMMIT COUNTY GOVERNMENT, THE TOWN OF BLUE RIVER, AND THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION C. OTHER
VII. PLANNING MATTERS A. PLANNING COMMISSION DECISIONS
VIII. REPORT OF TOWN MANAGER AND STAFF
IX. REPORT OF MAYOR AND COUNCIL MEMBERS A. CAST/MMC (MAYOR MAMULA) B. BRECKENRIDGE OPEN SPACE ADVISORY COMMITTEE (MS. GIGLIELLO) C. BRECKENRIDGE TOURISM OFFICE (MR. KUHN) D. BRECKENRIDGE HERITAGE ALLIANCE (MR. KUHN) E. WATER TASK FORCE (MAYOR MAMULA) F. BRECKENRIDGE CREATIVE ARTS G. BRECKENRIDGE EVENTS COMMITTEE (MS. SAADE) H. CHILD CARE ADVISORY COMMITEE (MS. OWENS) I. WORKFORCE HOUSING COMMITTEE (MR. CARLETON) J. SOCIAL EQUITY ADVISORY COMMISSION
X. OTHER MATTERS
XI. SCHEDULED MEETINGS A. SCHEDULED MEETINGS FOR JULY, AUGUST AND SEPTEMBER
XII. ADJOURNMENT
2 TOWN OF BRECKENRIDGE TOWN COUNCIL Tuesday, June 22, 2021 PAGE 1 1 of 4
I) CALL TO ORDER, ROLL CALL Mayor Mamula called the meeting of June 22, 2021 to order at 7:00pm. The following members answered roll call: Ms. Saade, Ms. Gigliello, Mr. Carleton, Mr. Kuhn, Mr. Bergeron, Ms. Owens and Mayor Mamula.
II) APPROVAL OF MINUTES A) TOWN COUNCIL MINUTES – JUNE 8, 2021 With no changes or corrections to the meeting minutes of June 8, 2021 Mayor Mamula declared they would stand approved as presented.
III) APPROVAL OF AGENDA Mr. Holman stated there was one change to the agenda, which was the addition of RESOLUTION NO. 15, SERIES 2021 - A RESOLUTION ESTABLISHING A LOCAL BID PREFERENCE POLICY IN CONNECTION WITH THE AWARD OF TOWN CONSTRUCTION CONTRACTS.
IV) COMMUNICATIONS TO COUNCIL A) CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) Mayor Mamula opened Citizen's Comment. Meeting attendees were encouraged to email their comments in advance of the meeting to the Mayor.
There were no comments and Citizen's Comment was closed.
B) BRECKENRIDGE SKI RESORT UPDATE Ms. Jody Churich, the new COO of Breckenridge Ski Resort, introduced herself and presented her background in the snow sports and action sports industries. She stated Breckenridge Ski Resort stayed open as long as possible, and thanked the Town, County and Public Health for the partnership during the COVID year. She stated the resort opened summer operations this weekend, and Vail Resorts just announced a $15 minimum wage. She also stated they are working with other resort groups to focus on climate change, with the goal of using 100% renewable energy by 2030. Ms. Churich also stated that Mr. Rob Katz and his foundation just donated $29.3 mil to address racial justice.
C) BRECKENRIDGE CREATIVE ARTS UPDATE Ms. Tamara Park, representing BCA, stated there is a lot of activity going on with the NRO arrival, and the launch of the drive-in movie series. She stated this week is a big week with the Colorado Creative District redistricting process, which helps to create a diverse economy and the BCA will host the Colorado Tourism Office to show our economic impact. She further explained the program of local block parties, and Youth on Record, and introduced Stephen Brackett, the director of that program. Mr. Brackett stated bringing music to a community is very valuable, and the block parties are useful for neighborhood residents who don’t typically attend concerts, so they generate a new interest in arts and music. He further stated that connecting through music is very healing and the bridge is made in the community.
V) CONTINUED BUSINESS A) SECOND READING OF COUNCIL BILLS, SERIES 2021 - PUBLIC HEARINGS 1) COUNCIL BILL NO. 15, SERIES 2021 - AN ORDINANCE APPROVING A LEASE WITH S.C.Y.H., INC. CORPORATION (310 Wellington Road) Mayor Mamula read the title into the minutes. Mr. Berry stated there were no changes to this ordinance from first reading.
Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed. Mr. Carleton stated SCYH is appreciative of the Town and believes there are many kids who will benefit from this lease.
Mr. Bergeron moved to approve COUNCIL BILL NO. 15, SERIES 2021 - AN ORDINANCE APPROVING A LEASE WITH S.C.Y.H., INC. CORPORATION (310 Wellington Road). Mr. Carleton seconded the motion.
3 TOWN OF BRECKENRIDGE TOWN COUNCIL Tuesday, June 22, 2021 PAGE 2 2 of 4 The motion passed 7-0.
VI) NEW BUSINESS A) FIRST READING OF COUNCIL BILLS, SERIES 2021 1) COUNCIL BILL NO. 16, SERIES 2021 - AN ORDINANCE AMENDING SECTION 9- 1-5 OF THE BRECKENRIDGE TOWN CODE, KNOWN AS THE “TOWN OF BRECKENRIDGE DEVELOPMENT CODE,” CONCERNING THE MEASUREMENT OF BUILDING HEIGHT IN FLOODPLAIN AREAS IN LAND USE DISTRICTS 31 AND 43 Mayor Mamula read the title into the minutes. Mr. Truckey stated this ordinance would change the way the Town measures building height the flood plain, specifically in the McCain and Block 11 properties.
Mayor Mamula clarifed that it would be a minimum of one foot above flood plain.
Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.
Mr. Bergeron moved to approve COUNCIL BILL NO. 16, SERIES 2021 - AN ORDINANCE AMENDING SECTION 9-1-5 OF THE BRECKENRIDGE TOWN CODE, KNOWN AS THE “TOWN OF BRECKENRIDGE DEVELOPMENT CODE,” CONCERNING THE MEASUREMENT OF BUILDING HEIGHT IN FLOODPLAIN AREAS IN LAND USE DISTRICTS 31 AND 43. Ms. Gigliello seconded the motion.
The motion passed 7-0.
2) COUNCIL BILL NO. 17, SERIES 2021 - AN ORDINANCE CONCERNING A FOR RENT WORKFORCE HOUSING PROJECT AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASEAGREEMENT, AND OTHER DOCUMENTS Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance would be an action to issue municipal debt and is required by Charter. He further stated this ordinance would issue COPs for $10 million. All documents are available for review in the Clerk’s office.
Mayor Mamula opened the public hearing. There were no additional comments and the public hearing was closed.
Mr. Bergeron moved to approve COUNCIL BILL NO. 17, SERIES 2021 - AN ORDINANCE CONCERNING A FOR RENT WORKFORCE HOUSING PROJECT AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASEAGREEMENT, AND OTHER DOCUMENTS. Ms. Saade seconded the motion.
The motion passed 7-0.
B) RESOLUTIONS, SERIES 2021 1) RESOLUTION NO. 14, SERIES 2021 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH SUMMIT COUNTY GOVERNMENT AND THE TOWNS OF BLUE RIVER, DILLON, FRISCO, MONTEZUMA AND SILVERTHORNE REGARDING THE IMPLEMENTATION OF FIRE RESTRICTIONS IN SUMMIT COUNTY, COLORADO Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance would be an action to issue municipal debt and is required by Charter. This ordinance would issue COPs for 10 million. All documents are available for your reading at the Clerk’s office.
Mayor Mamula opened the public hearing. There were no additional comments and the public hearing was closed.
Mr. Bergeron moved to approve RESOLUTION NO. 14, SERIES 2021 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH SUMMIT COUNTY GOVERNMENT AND THE TOWNS OF BLUE RIVER, DILLON, FRISCO, MONTEZUMA AND SILVERTHORNE REGARDING THE
4 TOWN OF BRECKENRIDGE TOWN COUNCIL Tuesday, June 22, 2021 PAGE 3 3 of 4 IMPLEMENTATION OF FIRE RESTRICTIONS IN SUMMIT COUNTY, COLORADO. Mr. Kuhn seconded the motion.
The motion passed 7-0.
2) RESOLUTION NO. 15, SERIES 2021 - A RESOLUTION ESTABLISHING A LOCAL BID PREFERENCE POLICY IN CONNECTION WITH THE AWARD OF TOWN CONSTRUCTION CONTRACTS Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance would establish a bid policy for use in Town-awarded construction contracts. He further stated staff recommends approval of this ordinance.
Mayor Mamula opened the public hearing. There were no additional comments and the public hearing was closed.
Mr. Bergeron moved to approve RESOLUTION NO. 15, SERIES 2021 - A RESOLUTION ESTABLISHING A LOCAL BID PREFERENCE POLICY IN 8 CONNECTION WITH THE AWARD OF TOWN CONSTRUCTION CONTRACTS. Mr. Carleton seconded the motion.
The motion passed 7-0.
C) OTHER
VII) PLANNING MATTERS A) PLANNING COMMISSION DECISIONS Mayor Mamula declared the Planning Commission Decisions would stand approved as presented.
B) PLANNING COMMISSION APPOINTMENTS Planning Commission Appointments were recommended in the memo in the packet Mr. Bergeron made the motion to appoint Mr. Allen Fretcher and Mr. Mark Leas to the Planning Commission, both to fill terms ending in October of 2022. The motion passed 7-0.
VIII) REPORT OF TOWN MANAGER AND STAFF Reports of Town Manager and Staff were covered during the afternoon Work Session.
IX) REPORT OF MAYOR AND COUNCIL MEMBERS Reports of Mayor and Council Members were covered during the afternoon Work Session. A. CAST/MMC (MAYOR MAMULA) B. BRECKENRIDGE OPEN SPACE ADVISORY COMMITTEE (MS. GIGLIELLO) C. BRECKENRIDGE TOURISM OFFICE (MR. KUHN) D. BRECKENRIDGE HERITAGE ALLIANCE (MR. KUHN) E. WATER TASK FORCE (MAYOR MAMULA) F. BRECKENRIDGE CREATIVE ARTS G. BRECKENRIDGE EVENTS COMMITTEE (MS. SAADE) H. CHILD CARE ADVISORY COMMITEE (MS. OWENS) I. WORKFORCE HOUSING COMMITTEE (MR. CARLETON) J. SOCIAL EQUITY ADVISORY COMMISSION
X) OTHER MATTERS Other Matters were covered during the afternoon Work Session.
Mr. Bergeron welcomed the new reporter from the Summit Daily News.
XI) SCHEDULED MEETINGS A) SCHEDULED MEETINGS FOR JUNE, JULY AND AUGUST
XII) ADJOURNMENT With no further business to discuss, the meeting adjourned at 7:35pm. Submitted by Helen Cospolich, CMC, Town Clerk.
5 TOWN OF BRECKENRIDGE TOWN COUNCIL Tuesday, June 22, 2021 PAGE 4 4 of 4 ATTEST:
______Helen Cospolich, CMC, Town Clerk Eric S. Mamula, Mayor
6 Memo
To: Mayor and Town Council Members From: Town Attorney Date: July 7, 2021 (for July 13th meeting) Subject: Council Bill No. 16 (Building Height in Floodplain Ordinance)
The second reading of the ordinance concerning the measurement of buildings located in floodplain areas in Land Use Districts 31 and 43 is scheduled for your meeting on May 26th. There are no changes proposed to the ordinance from first reading.
I will be absent from the meeting on Tuesday, but Mark Truckey will be happy to discuss this ordinance with you.
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7 1 FOR WORKSESSION/SECOND READING – JULY 13 2 3 NO CHANGE FROM FIRST READING 4 5 Additions To The Current Breckenridge Town Code Are 6 Indicated By Bold + Double Underline; Deletions By Strikeout 7 8 COUNCIL BILL NO. 16 9 10 Series 2021 11 12 AN ORDINANCE AMENDING SECTION 9-1-5 OF THE BRECKENRIDGE TOWN CODE, 13 KNOWN AS THE “TOWN OF BRECKENRIDGE DEVELOPMENT CODE,” CONCERNING 14 THE MEASUREMENT OF BUILDING HEIGHT IN FLOODPLAIN AREAS IN LAND USE 15 DISTRICTS 31 AND 43 16 17 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 18 COLORADO: 19 20 Section 1. The introductory paragraph of the definition of “Building Height 21 Measurement” in Section 9-1-5 of the Breckenridge Town Code is amended to read as follows: 22 23 BUILDING HEIGHT MEASUREMENT: Building height is measured in one of 24 the following three (3) ways (A, B or C); all are measured from a point on the 25 roof to a point on the grade directly below. Measurement is taken from points 26 around the outside edge of the building's perimeter to natural or proposed grade, 27 whichever yields a greater dimension, and from within the building's foundation 28 perimeter to natural grade. For buildings within floodplain areas in land use 29 districts 31 and 43, measurement shall be to proposed grade, provided that 30 the proposed grade is the minimum rise in grade needed to raise the building 31 one foot above base flood elevation. In the case of non-natural or highly 32 irregular topography due to past mining impacts or other manmade impacts within 33 the existing site development area (see illustration below), an average slope may 34 be used. 35 36 Section 2. Except as specifically amended hereby, the Breckenridge Town Code, and the 37 various secondary codes adopted by reference therein, shall continue in full force and effect. 38 39 Section 3. The Town Council hereby finds, determines and declares that it has the power 40 to adopt this ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, 41 Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal 42 zoning powers); (iii) Section 31-15-103, C.R.S. (concerning municipal police powers); (iv) 43 Section 31-15-401, C.R.S.(concerning municipal police powers); (v) the authority granted to
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8 1 home rule municipalities by Article XX of the Colorado Constitution; and (vi) the powers 2 contained in the Breckenridge Town Charter. 3 4 Section 4. This ordinance shall be published and become effective as provided by Section 5 5.9 of the Breckenridge Town Charter. 6 7 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 8 PUBLISHED IN FULL this ____ day of _____, 2021. A Public Hearing shall be held at the 9 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 10 ____, 2021, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 11 Town. 12 13 TOWN OF BRECKENRIDGE, a Colorado 14 municipal corporation 15 16 17 18 By: ______19 Eric S. Mamula, Mayor 20 21 ATTEST: 22 23 24 25 ______26 Helen Cospolich, CMC, 27 Town Clerk 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 500-430\Building Height in Floodplain Ordinance (07-07-21)(Second Reading)
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9 Memo
To: Mayor and Town Council Members
From: Tim Berry, Town Attorney
Date: June 29, 2021 (for July 13th meeting)
Subject: Council Bill No. 17 (Authorizing Issuance of COPs For New Housing Project)
The second reading of the ordinance to authorize the Town to issue its Certificates of Purchase (COPs) to fund the new housing project on Block 11 is scheduled for your meeting on July 13th. There are no changes proposed to the ordinance from first reading.
I will be unavailable to attend the meeting on Tuesday, but I am certain that Rick can answer any questions that you may have about this ordinance.
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10 1 FOR WORKSESSION/SECOND READING – JULY 13 2 3 NO CHANGE FROM FIRST READING 4 5 COUNCIL BILL NO. 16 6 ORDINANCE NO. __ 7 SERIES 2021 8 9 AN ORDINANCE CONCERNING A FOR RENT WORKFORCE 10 HOUSING PROJECT AND IN CONNECTION THEREWTITH 11 AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN 12 TOWN PROPERTY, AND THE EXECUTION AND DELIVERY 13 OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND 14 OTHER DOCUMENTS.
15 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF 16 BRECKENRIDGE, COLORADO:
17 Section 1. Recitals.
18 A. The Town of Breckenridge, in Summit County, Colorado (the 19 “Town”), is a duly organized and existing home rule municipality of the State of Colorado (the 20 “State”), created and operating pursuant to Article XX of the State Constitution and the Town’s 21 Home Rule Charter (the “Charter”).
22 B. Pursuant to Section 11.10 of the Charter, the Town Council of the 23 Town (the “Council”) is authorized to enter into lease-purchase and installment-purchase 24 agreements as a means of acquiring any real or personal property for public purposes.
25 C. Pursuant to Section 15.4 of the Charter, the Council is authorized to 26 lease, for such time as the Council shall determine, real or personal property to or from any person, 27 firm or corporation, public and private, governmental or otherwise.
28 D. Pursuant to Title 1, Chapter 11 of the Town’s municipal code, any 29 real estate leases which are longer than one year shall be approved by ordinance.
30 E. The Town owns vacant real property described as all of Lot 6B of the 31 Final Plat of A Resubdivision of Lot 4, 5, and 6, Denison Placer Subdivision (recorded 8/8/18 at 32 #1177006), and a small part of Lot 7, Final Plat of Dennison Placer Subdivision (recorded 9/9/17 33 at #1152112), Town of Breckenridge, Summit County, Colorado (the “Property”); and
34 F. Because the demand for workforce housing in the Town exceeds the 35 supply, the Council hereby determines that it is in the public interest and is a public purpose for the 36 Town to finance the acquisition, construction, installation, equipping of for rent workforce housing 37 on the Property, including any legally permitted costs and expenditures in connection therewith, all 38 for public purposes, and as authorized by law (the “Project”).
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11 1 G. The Council hereby determines that it is in the best interests of the 2 Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”) 3 between the Town, as lessor, and UMB Bank, n.a., as lessee (the “Trustee”) and lease back the 4 Trustee’s interest in the Property pursuant to the terms of a Lease Purchase Agreement (the “Lease”) 5 between the Trustee, as lessor, and the Town, as lessee.
6 H. The Trustee will execute and deliver an Indenture of Trust (the 7 “Indenture”) pursuant to which there will be executed and delivered certain certificates of 8 participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate 9 interests in the right to receive certain revenues including rental payments made by the Town under 10 the Lease.
11 I. The Town’s obligation under the Lease to pay Base Rentals and 12 Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute 13 a currently budgeted expenditure of the Town; will not constitute a mandatory charge or 14 requirement in any ensuing budget year; and will not constitute a general obligation or other 15 indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the 16 Town within the meaning of any constitutional, statutory, or Charter limitation or requirement 17 concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory 18 payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the 19 Lease shall be in effect.
20 J. The Supplemental Public Securities Act, part 2 of article 57 of title 21 11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including 22 the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental 23 Act to an issue of securities.
24 K. There will be prepared and distributed in connection with the sale of 25 the Certificates a Preliminary Official Statement (the “Preliminary Official Statement”) relating to 26 the Certificates as approved by the Finance Director of the Town.
27 L. No member of the Council has any conflict of interest or is interested 28 in any pecuniary manner in the transactions contemplated by this ordinance
29 M. There have been filed with the Town Clerk proposed forms of: (i) 30 the Site Lease; (ii) the Lease; and (iii) a Continuing Disclosure Certificate (the “Continuing 31 Disclosure Certificate”) to be delivered by the Town.
32 N. Capitalized terms used herein and not otherwise defined shall have 33 the meanings set forth in the Lease and the Site Lease
34 Section 2. Ratification and Approval of Prior Actions. All action heretofore 35 taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents, 36 or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation 37 of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and 38 confirmed.
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12 1 Section 3. Finding of Best Interests. The Council hereby finds and determines, 2 pursuant to the Constitution and laws of the State and the Charter, that the implementation of the 3 Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary, 4 convenient, and in furtherance of the Town’s purposes and are in the best interests of the 5 inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option 6 Price (as defined in the Lease), and the Council hereby authorizes and approves the same.
7 Section 4. Supplemental Act Election; Parameters. The Council hereby elects 8 to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the 9 Certificates, and in connection therewith delegates to the Mayor, any other member of the Council, 10 the Town Manager, or the Finance Director the independent authority to make any determination 11 delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the 12 Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such 13 determinations, including without limitation, the term of the Site Lease, the rental amount to be 14 paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be 15 paid by the Town pursuant to the Lease, subject to the following parameters and restrictions:
16 (a) the Site Lease Term shall end no later than December 31, 2051;
17 (b) the Lease Term shall end no later than December 31, 2041;
18 (c) the maximum annual repayment cost of Base Rentals payable by the Town 19 shall not exceed $750,000, and the total repayment cost shall not exceed $14,000,000;
20 (d) the aggregate principal amount of the Base Rentals payable by the Town 21 under the Lease with respect to the Certificates shall not exceed $10,000,000;
22 (e) the purchase price of the Certificates shall not be less than 95% of the 23 aggregate principal amount; and
24 (f) the maximum net effective interest rate on the interest component of the 25 Base Rentals relating to the Certificates shall not exceed 3.00%.
26 Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby 27 delegates to each of the Mayor, the Town Manager or the Finance Director the authority to 28 acknowledge any contract for the purchase of the Certificates between the Trustee and the 29 Purchaser, and to execute any agreement or agreements in connection therewith. In addition, each 30 of the Mayor, the Town Manager or the Finance Director is hereby authorized to independently 31 determine if obtaining an insurance policy for all or a portion of the Certificates is in the best 32 interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a 33 commitment relating to the same and execute any related documents or agreements required by 34 such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby 35 authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the 36 best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance 37 policy and execute any related documents or agreements required by such commitment.
38 Section 5. Approval of Documents. The Site Lease, the Lease, and the 39 Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the
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13 1 Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute 2 and deliver such documents in substantially the forms and with substantially the same contents as 3 the proposed forms of such documents on file with the Town Clerk, with such changes as may 4 hereafter be approved by the Mayor, the Town Attorney, or the Town Manager.
5 Section 6. Official Statement. The Town Manager or the Finance Director are 6 each independently authorized to prepare or cause to be prepared a Preliminary Official Statement 7 (in substantially the form of the Preliminary Official Statement June 9, 2020 prepared in 8 connection with the Taxable Certificates of Participation, Series 2020A and the Tax-Exempt 9 Certificates of Participation, Series 2020B with such changes as are necessary to reflect current 10 information regarding the Town and the sale of the Certificates) for use in connection with the 11 offering and sale of the Certificates is hereby authorized, ratified, approved, and confirmed. The 12 Town Manager or the Finance Director are each independently authorized to prepare or cause to 13 be prepared, and the Mayor is authorized and directed to approve, on behalf of the Town, and 14 execute a final Official Statement for use in connection with the offering and sale of the Certificates 15 in substantially the form of the Preliminary Official Statement, but with such amendments, 16 additions, and deletions as are in accordance with the facts and not inconsistent herewith. The 17 execution of a final Official Statement by the Mayor shall be conclusively deemed to evidence the 18 approval of the form and contents thereof by the Town.
19 Section 7. Authorization to Execute Collateral Documents. The Mayor, the 20 Town Manager, the Finance Director, and other appropriate officials or employees of the Town 21 are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates, 22 documents, instruments, and other papers and to perform all other acts that they deem necessary 23 or appropriate, in order to implement and carry out the transactions and other matters authorized 24 by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and 25 acts of any official of the Town, if so required by any documents in connection with the matters 26 authorized by this ordinance. The appropriate officers of the Town are authorized to execute on 27 behalf of the Town agreements concerning the deposit and investment of funds in connection with 28 the transactions contemplated by this ordinance. The execution of any instrument by the 29 aforementioned officers or members of the Council shall be conclusive evidence of the approval 30 by the Town of such instrument in accordance with the terms hereof and thereof.
31 Section 8. No General Obligation Debt. No provision of this ordinance, the 32 Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official 33 Statement shall be construed as creating or constituting a general obligation or other indebtedness 34 or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, 35 statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any 36 ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to 37 make any payment with respect to the Certificates except in connection with the payment of the 38 Base Rentals and certain other payments under the Lease, which payments may be terminated by 39 the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates 40 shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond 41 the then current fiscal year or constitute or give rise to a general obligation or other indebtedness 42 or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, 43 statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect 44 Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates
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14 1 shall be construed or interpreted as creating an unlawful delegation of governmental powers nor 2 as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of 3 Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or 4 indirectly obligate the Town to make any payments beyond those budgeted and appropriated for 5 the Town’s then current fiscal year.
6 Section 9. Reasonableness of Rentals. The Council hereby determines and 7 declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under 8 an economic compulsion to renew the Lease or to exercise its option to purchase the Property 9 pursuant to the Lease. The Council hereby determines and declares that the period during which 10 the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does 11 not exceed the remaining useful life of the Property.
12 Section 10. No Recourse against Officers and Agents. Pursuant to Section 11- 13 57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town 14 acts in good faith, no civil recourse shall be available against such member, officer, or agent for 15 payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse 16 shall not be available either directly or indirectly through the Council or the Town, or otherwise, 17 whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. 18 By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, 19 any person purchasing or selling such certificate specifically waives any such recourse.
20 Section 11. Charter Controls. Pursuant to Article XX of the State Constitution 21 and the Charter, all State statutes that might otherwise apply in connection with the provisions of 22 this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the 23 provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any 24 such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to 25 the authority of Article XX of the State Constitution and the Charter.
26 Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the 27 Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such 28 inconsistency. This repealer shall not be construed to revive any other such bylaw, order, 29 resolution or ordinance of the Town, or part thereof, heretofore repealed.
30 Section 13. Severability. If any section, subsection, paragraph, clause, or other 31 provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or 32 unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect 33 any of the remaining provisions of this ordinance, the intent being that the same are severable.
34 Section 14. Effective Date, Recording and Authentication. A true copy of this 35 ordinance shall be numbered and recorded in the official records of the Town, authenticated by the 36 signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and 37 the Town’s municipal code. In accordance with Section 5.9 of the Charter, this ordinance will 38 take effect thirty days after final publication.
39
40
5
15 1 INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND 2 ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS 22ND 3 DAY OF JUNE, 2021. A copy of this ordinance is available for inspection in the office of the 4 Town Clerk.
5
6 (SEAL)
7 ATTEST: TOWN OF BRECKENRIDGE, COLORADO
8 ______9 Town Clerk Mayor
10
11 APPROVED IN FORM:
12 ______13 Town Attorney 14
6
16 1 INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON SECOND READING 2 FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE PUBLISHED BY TITLE 3 THIS 13TH DAY OF JULY, 2021. A copy of this ordinance is available for inspection in the 4 office of the Town Clerk. 5
6 (SEAL)
7 ATTEST: TOWN OF BRECKENRIDGE, COLORADO
8 ______9 Town Clerk Mayor
10
11 APPROVED IN FORM:
12 ______13 Town Attorney
7
17 1 STATE OF COLORADO ) 2 ) 3 COUNTY OF SUMMIT ) SS. CERTIFICATE OF TOWN CLERK 4 ) 5 TOWN OF BRECKENRIDGE )
6 I, Helen Cospolich, the Town Clerk of the Town of Breckenridge, Colorado, do 7 hereby certify:
8 1. That the foregoing pages are a true and complete copy of the ordinance (the 9 “Ordinance”) introduced and passed on first reading by the Council constituting the governing 10 board of the Town of Breckenridge, Colorado (the “Council”), had and taken at an open, regular 11 meeting of the Council on June 22, 2021, convening at the hour of 7:00 p.m., and finally passed 12 on second reading by the Council following a public hearing held at an open, regular meeting of 13 the Council on July 13, 2021, convening at the hour of 7:00 p.m., with both such meetings held at 14 the Town Hall in Breckenridge, Colorado, and as recorded in the regular book of official records 15 of the proceedings of the Council kept in my office.
16 2. Notice of the meeting of June 22, 2021, in the form attached hereto as 17 Exhibit A, was posted at the Town Hall, not less than 24 hours prior to such meeting in accordance 18 with law.
19 3. Copies of the Ordinance were made available to the public and to members 20 of the Council prior to the June 22, 2021 regular meeting, and the Ordinance was introduced and 21 read by title only at the June 22, 2021 meeting.
22 4. The passage of the Ordinance on first reading on June 22, 2021, was duly 23 moved and seconded and the Ordinance was approved by at least four (4) affirmative votes of the 24 Council members present at the meeting as follows:
Name Voting “Yes” Voting “No” Absent Abstaining Eric Mamula, Mayor Jeffrey Bergeron, Mayor Pro Tem Dick Carleton Carol Saade Erin Gigliello Dennis Kuhn Kelly Owens 25 26 5. The members of the Council were present at such meeting and voted on the 27 passage of the Ordinance on first reading as set forth above.
8
18 1 6. Following approval on first reading, the Ordinance was published in full 2 with notice of the public hearing on the Ordinance to be held at the open, regular meeting of the 3 Council on July 13, 2021 at 7:00 p.m. at the Town Hall. The affidavit of publication is attached 4 hereto as Exhibit B.
5 7. Notice of the meeting of July 13, 2021, in the form attached hereto as 6 Exhibit C, was posted at the Town Hall, not less than 24 hours prior to such meeting in accordance 7 with law.
8 8. The passage of the Ordinance on second reading on July 13, 2021, was duly 9 moved and seconded and the Ordinance was approved by at least four (4) affirmative votes of the 10 Council members present at the meeting, as follows:
Name Voting “Yes” Voting “No” Absent Abstaining Eric Mamula, Mayor Jeffrey Bergeron, Mayor Pro Tem Dick Carleton Carol Saade Erin Gigliello Dennis Kuhn Kelly Owens 11 12 9. The members of the Council were present at such meeting and voted on the 13 passage of the Ordinance as set forth above.
14 10. Following passage on second reading, the Ordinance was published by title 15 with a notice to the public that copies of the Ordinance were available at my office. The affidavit 16 of publication is attached hereto as Exhibit D.
17 11. There are no bylaws, rules, or regulations of the Council which might 18 prohibit the adoption of the Ordinance.
19
9
19 1 WITNESS my hand and the seal of said Town affixed this July 13, 2021.
2 (SEAL) 3 4 Town Clerk
5
6
7
10
20 EXHIBIT A
(Attach Notice of June 22, 2021 Meeting)
A-1
21 EXHIBIT B
(Attach Affidavit of Publication Following Approval on First Reading)
B-1
22 EXHIBIT C
(Attach Notice of July 13, 2021 Meeting and Public Hearing)
C-1
23 EXHIBIT D
(Attach Affidavit of Publication Following Final Passage)
D-1
24 Memo
To: Town Council From: Dennis Shults, Building Inspector III Date: 7/7/2021 for meeting of July 13, 2021 Subject: Adoption of the National Electric Code (First Reading)
On August 1, 2020, the State of Colorado adopted the newest National Electric Code (NEC); the 2020 version. Whenever the Colorado Electrical Board adopts a new edition of the NEC (which is published every 3 years), that edition becomes the electrical code of record one year later. Local municipalities may be more, but not less stringent than the State Code. The Town is currently on the 2017 NEC (which was the previous most updated version).
A summary of the most important changes that the 2020 NEC provides:
• Emergency exterior disconnects for all single and multifamily dwellings. This will allow first responders to shut off all of the power to a house;
• Maximum number of exterior disconnects will be limited to one (previously this was six), again to assist first responders in shutting off all power;
• Surge protection on all dwelling units to be provided at the meter or main panel. This will apply to both new construction as well as panel upgrades;
• Ground Fault Circuit Interrupter (GFCI) protection will need to be added to dishwashers and sump pumps;
• Additional GFCI protection is required on larger 240V appliances in wet locations or near water (e.g. Exterior air conditioners and dryers); and
• Tamper resistant outlets which were required in all residential units will now be required in certain commercial spaces (e.g. hotels, motels, dormitory units and assisted living facilities).
Staff recommends Council approve the first reading of the Ordinance attached, adopting the 2020 National Electric Code (NEC). Staff will be available to answer any questions at the meeting.
1
25 1 FOR WORKSESSION/FIRST READING – JULY 13 2 3 Additions To The Current Breckenridge Town Code Are 4 Indicated By Bold + Double Underline; Deletions By Strikeout 5 6 COUNCIL BILL NO. ______7 8 Series 2021 9 10 11 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 8 OF THE BRECKENRIDGE 12 TOWN CODE CONCERNING THE BUILDING CODES OF THE TOWN OF 13 BRECKENRIDGE BY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL 14 CODE, 2020 EDITION 15 16 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 17 COLORADO: 18 19 Section 1. Item H in the list of codes adopted by reference in Section 8-1-3 of the 20 Breckenridge Town Code is amended as follows: 21 22 H. National Electrical Code, 20172020 Edition, published by the National Fire 23 Protection Association. 24 25 Section 2. Section 8-1-11 of the Breckenridge Town Code is amended to read as follows: 26 27 8-1-11: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: There 28 are no amendments to the National Electrical Code, 20172020 edition. 29 30 Section 3. Except as specifically amended hereby, the Breckenridge Town Code, and the 31 various secondary codes adopted by reference therein, shall continue in full force and effect. 32 33 Section 4. The Town Council finds, determines, and declares that it has the power to 34 adopt this ordinance pursuant to: (i) Section 31-15-601, C.R.S.; (ii) Section 5.13 of the 35 Breckenridge Town Charter; and (iii) the powers granted to home rule municipalities by Article 36 XX of the Colorado Constitution. 37 38 Section 5. This ordinance shall be published and become effective as provided by Section 39 5.9 of the Breckenridge Town Charter. 40 41 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 42 PUBLISHED IN FULL this ____ day of _____, 2021. A Public Hearing shall be held at the 43 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 44 ____, 2021, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 45 Town. A copy of the adopted code is available for inspection at the office of the Town Clerk.
26 1 2 TOWN OF BRECKENRIDGE, a Colorado 3 municipal corporation 4 5 6 7 By: ______8 Eric S. Mamula, Mayor 9 10 ATTEST: 11 12 13 14 ______15 Helen Cospolich, CMC, 16 Town Clerk 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 500-431 2020 National Electrical Code Ordinance (07-06-21)(First Reading)
27 Memo
To: Breckenridge Town Council Members From: Rick Holman, Town Manager Date: 6/25/2021 Subject: Amendment to Town Code Concerning Unreasonable Noise Emanating from an Accommodation Unit
The Town Business and Occupational License and Tax (BOLT) code details “Special Conditions of License” for all accommodation units. As written, a licensee is in violation of the code provisions when a person occupying an accommodation unit creates unreasonable noise, audible from another property the person has no right to occupy. A violation is tied to the Town Disorderly Conduct code (subsection 6-3C-1A2) and the existing noise ordinance (Title 5, Chapter 8). Staff has been evaluating Short Term Rental license noise complaints and has found that the threshold for a violation is difficult to meet and does not accommodate the intent of the special license conditions related to noise.
After consideration, staff recommends the following changes: - As noted above, current code requires identification of the person creating the unreasonable noise. The propose revision removes this requirement as it is often difficult to distinguish an individual creating the unreasonable noise. - To meet the threshold of disorderly conduct, noise must be audible from a distance of 100 feet. In many situations homes are closer than 100 feet and with this provision in place a noise occurring within a lesser distance would not be considered a violation. The proposed revision removes the reference to the disorderly conduct code. - The Town noise ordinance relies on decibel readings that are also difficult to attain during the moment of a complainant finds the noise to be unreasonable. The proposed revision removes this reference. - Staff recommends replacing the removed language with a condition that simply prohibits unreasonable noise from an accommodation unit, to include the unit and it’s associated property.
In the event a licensee is believed to have violated the accommodation license noise provision, the hearing officer will be responsible for determining if the noise was unreasonable. The hearing officer will consider: 1) the time of day, 2) location of the noise in relation to the complainant, and 3) all other relevant factors.
I will be available during the work session on July 13 to answer any questions.
1
28 1 FOR WORKSESSION/FIRST READING – JULY 13 2 3 Additions To The Current Breckenridge Town Code Are 4 Indicated By Bold + Double Underline; Deletions By Strikeout 5 6 COUNCIL BILL NO. ___ 7 8 Series 2021 9 10 AN ORDINANCE AMENDING SECTION 4-1-8-1 OF THE BRECKENRIDGE TOWN CODE 11 CONCERNING UNREASONABLE NOISE EMANATING 12 FROM AN ACCOMMODATION UNIT 13 14 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 15 COLORADO: 16 17 Section 1. Section 4-1-8-1(A)(3) of the Breckenridge Town Code is amended to read as 18 follows: 19 20 4-1-8-1: SPECIAL CONDITIONS OF LICENSE - ALL 21 ACCOMMODATION UNITS: 22 23 A. Special Conditions: Except as provided in subsection G of this section, in 24 addition to the other requirements of this chapter, the owner of an accommodation 25 unit licensed pursuant to this chapter shall, as a condition of such license, be 26 subject to the following requirements: 27 28 . . . 29 30 3. While occupying an accommodation unit, no person shall: a) make, cause or 31 control unreasonable noise upon the accommodation unit which is audible upon a 32 private premises that such occupant has no right to occupy in violation of 33 subsection 6-3C-1A2 of this Code, or b) violate title 5, chapter 8 of this Code. No 34 unreasonable noise shall be permitted to emanate from an accommodation 35 unit or the real property upon which an accommodation unit is located. In 36 determining whether a particular noise is unreasonable, the Hearing Official 37 shall consider: (i) the time of the day that the noise emanated from the 38 accommodation unit; (ii) the location of the noise in relation to the location of 39 the person who heard such noise; and (iii) all other relevant factors. 40 41 4. No accommodation unit shall be operated in such a manner as to constitute a 42 nuisance pursuant to title 5, chapter 1 of this Code.[DELETED] 43
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29 1 Section 2. Section 4-1-8-1(B) of the Breckenridge Town Code is amended to read as 2 follows: 3 4 B. Owner Liable: Compliance with the special conditions set forth in Subsection A of 5 this Section shall be the nondelegable responsibility of the owner of an 6 accommodation unit; and each owner of an accommodation unit shall be strictly 7 liable for any violation of the special complying with the conditions set forth in 8 Subsection A of this Section occurring on the premises of the owner’s 9 accommodation unit. 10 11 Section 3. Except as specifically amended hereby, the Breckenridge Town Code, and the 12 various secondary codes adopted by reference therein, shall continue in full force and effect. 13 14 Section 4. The Town Council hereby finds, determines and declares that this ordinance is 15 necessary and proper to provide for the safety, preserve the health, promote the prosperity, and 16 improve the order, comfort and convenience of the Town of Breckenridge and the inhabitants 17 thereof. 18 19 Section 5. The Town Council finds, determines, and declares that it has the power to 20 adopt this ordinance pursuant to the authority granted to home rule municipalities by Article XX 21 of the Colorado Constitution, and, particularly, Section 12.1 of the Breckenridge Town Charter. 22 23 Section 6. This ordinance shall be published and become effective as provided by Section 24 5.9 of the Breckenridge Town Charter. 25 26 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 27 PUBLISHED IN FULL this ____ day of _____, 2021. A Public Hearing shall be held at the 28 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 29 ____, 2021, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 30 Town. 31 32 TOWN OF BRECKENRIDGE, a Colorado 33 municipal corporation 34 35 36 By: ______37 Eric S. Mamula, Mayor 38 39 ATTEST: 40 41 42 ______43 Helen Cospolich, CMC, 44 Town Clerk 45 46 47 4-5-Accommodation Unit Noise Ordinance Amendment_5 (06-25-21)(First Reading)
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30 Memo
To: Town Council From: Chapin LaChance, AICP Planner II, Community Development Dept. Date: 7/7/2021 Subject: First Reading of proposed Development Agreement between the Town of Breckenridge and Taryn Power/Zachary Himmelman regarding proposed bonus room at 63 Bridge St. (Wellington 2 Sub #1 Block 5 Lot 29A)
Taryn Power and Zachary Himmelman have applied for a Development Agreement concerning a bonus room they are planning to construct at their property in the Wellington Neighborhood. The attached Development Agreement has been prepared by the Town Attorney for the Council’s initial review.
Proposal
Taryn and Zachary own an existing 1,295 sq. ft. deed-restricted duplex with a 484 sq. ft. two-car garage, and plan to construct a 484 sq. ft. bonus room above the garage. Below is a summary of the floor area calculations:
Density
Existing: 1,295 sq. ft.
Allowed per Wellington Master Plan: 1,600 sq. ft. (305 sq. ft. remaining)
Proposed with 484 sq. ft. bonus room addition: 1,780 sq. ft. total (exceeds allowed by 179 sq. ft.)
Mass
Existing: 1,779 sq. ft.
Allowed per Wellington Master Plan: 1,920 sq. ft. (141 sq. ft. remaining)
Proposed with 484 sq. ft. bonus room addition: 2,263 sq. ft. (exceeds allowed by 343 sq. ft.)
The following items are requested of the Town by the applicant:
1. Exempt the project from compliance with Policy 2 (Absolute) Land Use Guidelines,
2. Exempt the excessive 179 sq. ft. of density from the assignment of negative points under Policy 3 (Relative) Density/Intensity,
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31 3. Exempt the excessive 343 sq. ft. of mass from the assignment of negative points under Policy 4 (Relative) Mass,
4. Town to transfer 0.18 SFEs of density to the property,
5. Allow the maximum capital improvements to increase from 10% of the initial sale price to $50,000 or 50% of the cost of the bonus room, whichever is less,
6. Waiver of the following fees:
• Development Agreement application fee,
• Development Permit application fee,
• Building Permit application fee,
• Water Plant Investment Fee.
The following items are proposed by the applicant as public benefits:
1. The applicant agrees to enter into a Restrictive Covenant and Agreement requiring the bonus room to be rented to and occupied by a Qualified Occupant for a monthly rental (including utilities) equal to or lesser than an amount that is affordable to individuals earning 80% AMI. A Qualified Occupant is an employee working 30 hours or more (15 hours or more of paid employment for persons 55 or greater) for a business located in and serving Summit County.
Staff Analysis
Under the Development Code, the project would fail Policy 2 (Absolute) Land Use Guidelines for not complying with the Wellington Master Plan. The proposed 1,780 sq. ft. of total density would exceed the density recommended by the Master Plan of 1,600 by 179 sq. ft. , or approximately 11%, which would also normally warrant negative twenty (-20) points under Policy 3 (Relative) Density/Intensity. Additionally, the project would exceed the mass recommended by the Master Plan of 1,920 by 343 sq. ft., or approximately 18%, which would normally warrant negative twenty five (-25) points under Policy 4 (Relative) Mass. The applicant would be required to obtain and transfer the 0.18 SFEs of density required to cover the requested amount of mass (1,886 sq. ft. of density needed for 20% mass bonus of 2,263 sq. ft.), which has a current value of approximately $117,000.
The property is subject to the Wellington Phase 2 Restrictive Covenant, which restricts the capital improvements to 10% of the initial sale price. This allowance has already been used when the previous owner constructed the existing garage, so under the existing Covenant the applicant would not be allowed to recover any expense for construction of a bonus room. The proposed Development Agreement would allow the owners to recover the lesser of $50,000 or 50% of the project by adding the bonus room as a capital improvement should they sell the property. The Town’s Housing Manager recommends this restriction in order to maintain the intended affordability of the property. The 80% AMI restriction proposed by the applicant will serve to ensure affordability of the bonus room for local employees. The Housing Division will provide the Restrictive Covenant and Agreement to the Council prior to second reading.
If the Council is comfortable with this proposal, staff does anticipate other similar requests in the Wellington Neighborhood. The attached Development Agreement may be used as a template for future requests.
Questions for Council
1. Does the Council support the proposed Development Agreement?
Council Action
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32 Approval of a Development Agreement is entirely at the discretion of the Council. Staff finds that the proposal enables the Town to attain a public benefit not otherwise required by the Development Code, and recommends the Council approve the Development Agreement on first reading.
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33 Development Agreement Proposal for 63 Bridge Street
Owners: Taryn Power & Zachary Himmelman
Breckenridge Town Council,
We are the owners of 63 Bridge Street, an existing 1,295 sq. ft. deed-restricted duplex located in the Wellington Neighborhood. We would like to construct a bonus room above our existing 2-car garage. The existing Wellington Master Plan only allows for 1,600 sq. ft. of livable density and 1,920 sq. ft. of mass for this lot which leaves only 305 sq. ft. of density and 141 sq. ft. of mass remaining for the bonus room. We are requesting a Development Agreement to allow for additional density and mass to construct the bonus room above the garage into a space that is better suited for long-term living. We request an additional 180 sq. ft. of density and 343 sq. ft. of mass, bringing the total allowed density to 1,780 sq. ft. and total allowed mass to 2,263 sq. ft. We also request an increase in our resale capital improvement amount from 10% of the initial sale price to 50% of the cost of constructing the bonus room, or $50,000.00, whichever is less. Additionally, we request the Town’s waiver of the Development Agreement application fee, Development Permit application fee, Building Permit application fee, and the Water Plant Investment Fee.
In exchange for the allowance of additional density, mass, and resale capital improvements, we propose to place a rental deed restriction onto the bonus room. This benefits the Town of Breckenridge as we will be building an additional deed-restricted, long-term rental unit. Thank you for your consideration.
Sincerely,
Taryn Power & Zachary Himmelman
34 1 FOR WORKSESSION/FIRST READING – JULY 13 2 3 COUNCIL BILL NO. ___ 4 5 Series 2021 6 7 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH 8 ZACHARY DAVID HIMMELMAN AND TARYN ELIZABETH POWER 9 (63 Bridge Street) 10 11 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 12 COLORADO: 13 14 Section 1. Findings. The Town Council of the Town of Breckenridge finds and 15 determines as follows: 16 17 A. Zachary David Himmelman and Taryn Elizabeth Power (collectively, the “Owner”) 18 own the following described real property in the Town of Breckenridge, Summit County, 19 Colorado: 20 21 LOT 29A, BLOCK 5, RESUBDIVISION PLAT OF LOT 29, BLOCK 5, 22 WELLINGTON 2, FILING NO, 1, RECORDED MAY 25, 2007 AT 23 RECEPTION NO. 856372 OF THE RECORDS OF THE CLERK AND 24 RECORDER OF SUMMIT COUNTY, COLORADO; 25 26 also known as 63 Bridge Street, Breckenridge, Colorado 80424 27 28 (“Property”). 29 30 B. The Owner proposes to construct a 484 feet bonus room addition above the existing 31 garage located on the Property. Such work is referred to in this ordinance as the “Project.” The 32 improvements to be constructed pursuant to the Project are referred to as the “Unit.” The Unit is 33 considered a “Bonus Room” under the Wellington Neighborhood Master Plan. 34 35 C. A duplex residence is currently located on the Property. Owner owns one of the 36 duplex units as described above. 37 38 D. There is not sufficient density remaining on the Property to allow for the construction 39 of the Project. Therefore, a development agreement is necessary in order to authorize the Project. 40 41 E. A proposed development agreement between the Town and the Owner has been 42 prepared, a copy of which is marked Exhibit “A”, attached hereto and incorporated herein by 43 reference (“Development Agreement”). 44
35 1 F. The Town Council has received a completed application and all required submittals 2 for a development agreement; had a preliminary discussion of such application and submittals; 3 and determined that it should commence proceedings for the approval of the Development 4 Agreement. 5 6 G. The Town Council has reviewed the proposed Development Agreement. 7 8 H. As the commitment proposed by the Owner in connection with the Development 9 Agreement, the Owner will execute and deliver to the Town a Restrictive Covenant and 10 Agreement (“Restrictive Covenant”). The Restrictive Covenant shall provide that the Unit shall 11 be rented to and occupied only by a Qualified Occupant for a monthly rental (including utilities) 12 equal to or less than an amount that is affordable to individuals earning 80% or less of the 13 applicable Area Median Income. Such proposed commitment is found and determined by the 14 Town Council to be adequate. 15 16 I. The approval of the proposed Development Agreement is warranted in light of all 17 relevant circumstances. 18 19 J. The procedures to be used to review and approve a development agreement are 20 provided in Chapter 9 of Title 9 of the Breckenridge Town Code. The requirements of such 21 Chapter have substantially been met or waived in connection with the approval of the proposed 22 Development Agreement and the adoption of this ordinance. 23 24 Section 2. Approval of Development Agreement. The Development Agreement between 25 the Town, Zachary David Himmelman and Taryn Elizabeth Power (Exhibit “A” hereto), is 26 approved, and the Town Manager is authorized, empowered, and directed to execute such 27 agreement for and on behalf of the Town of Breckenridge. 28 29 Section 3. Notice of Approval. The Development Agreement shall contain a notice in the 30 form provided in Section 9-9-13 of the Breckenridge Town Code. In addition, a notice in 31 compliance with the requirements of Section 9-9-13 of the Breckenridge Town Code shall be 32 published by the Town Clerk one time in a newspaper of general circulation in the Town within 33 fourteen days after the adoption of this ordinance. Such notice shall satisfy the requirement of 34 Section 24-68-103, C.R.S. 35 36 Section 4. Police Power Finding. The Town Council finds, determines, and declares that 37 this ordinance is necessary and proper to provide for the safety, preserve the health, promote the 38 prosperity, and improve the order, comfort, and convenience of the Town of Breckenridge and 39 the inhabitants thereof. 40 41 Section 5. Authority. The Town Council finds, determines, and declares that it has the 42 power to adopt this ordinance pursuant to the authority granted to home rule municipalities by 43 Article XX of the Colorado Constitution and the powers contained in the Breckenridge Town 44 Charter. 45
36 1 Section 6. Effective Date. This ordinance shall be published and become effective as 2 provided by Section 5.9 of the Breckenridge Town Charter. 3 4 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 5 PUBLISHED IN FULL this ____ day of ______, 2021. A Public Hearing shall be held at the 6 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 7 ____, 2021, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 8 Town. 9 10 TOWN OF BRECKENRIDGE 11 12 13 By:______14 Eric S. Mamula, Mayor 15 16 ATTEST: 17 18 19 20 ______21 Helen Cospolich, CMC, 22 Town Clerk 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 1800-530\Development Agreement Ordinance (07-07-21)(First Reading)
37 1 2 DRAFT June 30, 2021 DRAFT 3 4 5 APPROVAL OF THIS DEVELOPMENT AGREEMENT CONSTITUTES A VESTED 6 PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, COLORADO REVISED 7 STATUTES, AS AMENDED 8 9 10 DEVELOPMENT AGREEMENT 11 12 This Development Agreement (“Agreement”) is made as of the ____ day of 13 ______, 2021 (“Effective Date”) between the TOWN OF BRECKENRIDGE, a 14 Colorado municipal corporation (the “Town”), and ZACHARY DAVID HIMMELMAN and 15 TARYN ELIZABETH POWER (collectively, the “Owner”). The Town and the Owner are 16 sometimes collectively referred to in this Agreement as the “Parties,” and individually by name 17 or as a “Party.” 18 19 Recitals 20 21 A. The Owner owns the following described real property in the Town of Breckenridge, 22 Summit County, Colorado: 23 24 LOT 29A, BLOCK 5, RESUBDIVISION PLAT OF LOT 29, BLOCK 5, 25 WELLINGTON 2, FILING NO, 1, RECORDED MAY 25, 2007 AT 26 RECEPTION NO. 856372 OF THE RECORDS OF THE CLERK AND 27 RECORDER OF SUMMIT COUNTY, COLORADO; 28 29 also known as 63 Bridge Street, Breckenridge, Colorado 80424 30 31 (“Property”). 32 33 B. The Owner proposes to construct a 484 feet bonus room addition above the existing 34 garage located on the Property. Such work is referred to in this Agreement as the “Project.” The 35 improvements to be constructed pursuant to the Project are referred to as the “Unit.” The Unit is 36 considered a “Bonus Room” under the Wellington Neighborhood Master Plan. 37 38 C. A duplex residence is currently located on the Property. Owner owns one of the 39 duplex units as described above. 40 41 D. There is not sufficient density remaining on the Property to allow for the construction 42 of the Project. Therefore, a development agreement is necessary in order to authorize the Project.
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38 1 2 E. Pursuant to Chapter 9 of Title 9 the Breckenridge Town Code the Town Council has 3 the authority to enter into a development agreement. 4 5 F. The commitment proposed by the Owner in connection with this Agreement is set 6 forth hereafter and is found and determined by the Town Council to be adequate. 7 8 G. The Town Council has received a completed application and all required submittals 9 for a development agreement; had a preliminary discussion of such application and submittals; 10 determined that it should commence proceedings for the approval of this Agreement; and, in 11 accordance with the procedures set forth in Section 9-9-10(C) of the Breckenridge Town Code, 12 has approved this Agreement by non-emergency ordinance. 13 14 Agreement 15 16 1. Subject to the provisions of this Agreement, the Town’s Planning Commission1 is 17 hereby authorized to review and approve the Owner’s Development Permit Application for the 18 Project (“Development Permit Application”), subject to compliance with all other applicable 19 development policies of the Town. 20 21 2. So long as the Development Permit Application is not materially amended prior to the 22 Planning Commission’s final decision, the following provisions of the following policies of the 23 Town’s Development Code2 shall not be applied to the Development Permit Application: 24 25 A. Section 9-1-19-2A, “Policy 2 (Absolute) Land Use Guidelines”; 26 B. Section 9-1-19-4R, “Policy 3 (Relative) Density/Intensity;” and 27 C. Section 9-1-19-4R, “Policy 4 (Relative) Mass. 28 29 3. In consideration of the Owner’s commitments as described in Section 5 of this 30 Agreement, the Town agrees to provide, at no cost to the Owner, the 180 square feet of density 31 required for the Project. For avoidance of doubt, no negative points shall be assessed against the 32 Development Permit Application under either Section 9-1-19-3R, “Policy 3 (Relative) 33 Density/Intensity” or Section 9-1-19-4R, “Policy 4 (Relative) Mass,” of the Breckenridge Town 34 Code with respect to the 180 square feet of density to be provided by the Town for the Project. 35 36 4. Except as specifically provided in Section 2, above, all other requirements of the 37 Development Code shall be applied to the Development Permit Application in accordance with
1 The term “Planning Commission” as used in this Agreement includes the Town Council of the Town of Breckenridge, if the decision of the Planning Commission on the Development Permit Application is “called up” by the Town Council pursuant to Section 9-1-18-5 of the Development Code. In the event of a call up, the Town Council shall make the final decision on the Development Permit Application. 2 Chapter 1 of Title 9 of the Breckenridge Town Code
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39 1 the Planning Commission’s normal process for evaluating an application for a development 2 permit. 3 4 5. As the commitment encouraged to be made in connection with a Development Permit 5 Application for a development agreement pursuant to Section 9-9-4 of the Breckenridge Town 6 Code, prior to the issuance of a certificate of occupancy for the Project the Owner shall execute 7 and deliver to the Town a Restrictive Covenant and Agreement in substantially the form that is 8 marked Exhibit “A”, attached hereto, and incorporated herein by reference (“Restrictive 9 Covenant”). The Restrictive Covenant shall provide that the Unit shall be rented to and occupied 10 only by a Qualified Occupant for a monthly rental (including utilities) equal to or less than an 11 amount that is affordable to individuals earning 80% or less of the applicable Area Median 12 Income. 13 14 6. The Project shall not be considered to be an Accessory Dwelling Unit under the 15 Development Code. 16 17 7. An additional parking space is not required for the Project under the Town’s Off- 18 Street Parking Ordinance3 or the Wellington Neighborhood Master Plan that is applicable to the 19 Property. 20 21 8. The Town agrees to waive the following fees in connection with the Project (i) the 22 application fee for this Agreement; (ii) the application fee for the Development Permit; (iii) all 23 building permit (and inspection) fees; and (iv) the Plant Investment Fee (PIF). 24 25 9. Notwithstanding anything to the contrary contained in the Amended and Restated 26 Phase II Wellington Neighborhood Employee Housing Restrictive Covenant and Agreement 27 dated March 25, 2014, and recorded May 23, 2014, at Reception No. 1055483 of the records of 28 the Clerk and Recorder of Summit County, Colorado, as amended, the Town agrees that when 29 the Owner sells the Property an amount equal to fifty percent (50%) of the cost of constructing 30 the Project, or Fifty Thousand Dollars ($50,000.00), whichever amount is less, may be added to 31 the maximum amount for which the Property may be sold. No interest shall be allowed on such 32 amount. The Owner agrees to submit verification acceptable to the Town of the actual amount 33 spent to construct the Project. 34 35 10. The term of this Agreement shall commence on the Effective Date and shall end, 36 subject to earlier termination in the event of a breach of this Agreement, eighteen (18) months 37 from the Effective Date unless prior to such date the Development Permit Application has finally 38 been approved by the Town, and the development permit for the work on the Property has been 39 executed and signed by the Owner. 40 41 11. Except as provided in Section 24-68-105, C.R.S. and except as specifically provided 42 for herein, the execution of this Agreement shall not preclude the current or future Development
3 Chapter 3 of Title 9 of the Breckenridge Town Code
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40 1 Permit Application of municipal, state, or federal ordinances, laws, rules, or regulations to the 2 Property (collectively, “laws”), including, but not limited to, building, fire, plumbing, 3 engineering, electrical, and mechanical codes, and the Town’s Development Code, Subdivision 4 Standards4, and other land use laws, as the same may be in effect from time to time throughout 5 the term of this Agreement. Except to the extent the Town otherwise specifically agrees, any 6 development of the Property shall be done in compliance with the then-current laws of the Town. 7 8 12. Nothing in this Agreement shall preclude or otherwise limit the lawful authority of 9 the Town to adopt or amend any Town law, including, but not limited to the Town’s: (i) 10 Development Code, (ii) Comprehensive Plan, (iii) Land Use Guidelines, and (iv) Subdivision 11 Standards. 12 13 13. This Agreement shall run with the title to the Property and be binding upon the 14 Owner and Owner’s successors and assigns. 15 16 14. Prior to any action against The Town for breach of this Agreement, the Owner shall 17 give the Town a sixty (60) day written notice of any claim of a breach or default by the Town, 18 and the Town shall have the opportunity to cure such alleged default within such time period. 19 20 15. The Town shall not be responsible for, and the Owner shall have any remedy against 21 the Town if the Project is prevented or delayed for reasons beyond the control of the Town. 22 23 16. The Owner not shall commence work on its Project until Owner obtains such other 24 and further Town permits and approvals as may be required from time to time by applicable 25 Town ordinances. 26 27 17. No official or employee of the Town shall be personally responsible for any actual or 28 alleged breach of this Agreement by the Town. 29 30 18. The Owner agrees to indemnify and hold the Town, its officers, employees, insurers, 31 and self-insurance pool, harmless from and against all liability, claims, and demands, on account 32 of injury, loss, or damage, including without limitation claims arising from bodily injury, 33 personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind 34 whatsoever, which arise out of or are in any manner connected with this Agreement, if such 35 injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in 36 part by, the negligence or intentional act or omission of the Owner; any subcontractor of the 37 Owner, or any officer, employee, representative, or agent of the Owner or of any subcontractor 38 of the Owner, or which arise out of any worker’s compensation claim of any employee of the 39 Owner, or of any employee of any subcontractor of the Owner; except to the extent such liability, 40 claim or demand arises through the negligence or intentional act or omission of the Town, its 41 officers, employees, or agents. The Owner agrees to investigate, handle, respond to, and provide 42 defense for and defend against, any such liability, claims, or demands at the sole expense of the
4 Chapter 2 of Title 9 of the Breckenridge Town Code
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41 1 Owner. The Owner also agrees to bear all other costs and expenses related thereto, including 2 court costs and attorney’s fees. 3 4 19. If any provision of this Agreement shall be invalid, illegal, or unenforceable, it shall 5 not affect or impair the validity, legality, or enforceability of the remaining provisions of the 6 Agreement. 7 8 20. This Agreement constitutes a vested property right pursuant to Article 68 of Title 24, 9 Colorado Revised Statutes, as amended. 10 11 21. No waiver of any provision of this Agreement shall be deemed or constitute a waiver 12 of any other provision, nor shall it be deemed to constitute a continuing waiver, unless expressly 13 provided for by a written amendment to this Agreement signed by the Parties; nor shall the 14 waiver of any default under this Agreement be deemed a waiver of any subsequent default or 15 defaults of the same type. 16 17 22. This Agreement shall be recorded in the office of the Clerk and Recorder of Summit 18 County, Colorado. 19 20 23. Nothing contained in this Agreement shall constitute a waiver of the Town’s 21 sovereign immunity under any applicable state or federal law. 22 23 24. Personal jurisdiction and venue for any civil action commenced by any Party to this 24 Agreement shall be deemed to be proper only if such action is commenced in the District Court 25 of Summit County, Colorado. The Owner expressly waives any right to bring such action in or to 26 remove such action to any other court, whether state or federal. BOTH PARTIES WAIVE ANY 27 RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION TO ENFORCE, INTERPRET OR 28 CONSTRUE THIS AGREEMENT. 29 30 25. Any notice required or permitted hereunder shall be in writing and shall be sufficient 31 if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: 32 33 If to the Town: Rick G. Holman, Town Manager 34 Town of Breckenridge 35 P.O. Box 168 36 Breckenridge, CO 80424 37 38 With a copy (which 39 shall not constitute 40 notice to the Town) to: Timothy H. Berry, Esq. 41 Town Attorney 42 P.O. Box 2 43 Leadville, CO 80461 44
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42 1 If to the Owner: Zachary David Himmelman 2 Taryn Elizabeth Power 3 P.O. Box 9896 4 Breckenridge, CO 80424 5 6 Notices mailed in accordance with the provisions of this Section 25 shall be deemed to have been 7 given upon delivery. Notices personally delivered shall be deemed to have been given upon 8 delivery. Nothing herein shall prohibit the giving of notice in the manner provided for in the 9 Colorado Rules of Civil Procedure for service of civil process. 10 11 26. This Agreement shall be interpreted in accordance with the laws of the State of 12 Colorado without regard to principles of conflicts of laws. 13 14 27. This Agreement constitutes the entire agreement and understanding between the 15 Parties relating to the subject matter of this Agreement and supersedes any prior agreement or 16 understanding relating to such subject matter. 17 18 TOWN OF BRECKENRIDGE, a Colorado 19 municipal corporation 20 21 22 23 By: ______24 Rick G. Holman, Town Manager 25 26 ATTEST: 27 28 29 30 ______31 Helen Cospolich, CMC, Town 32 Clerk 33 34 35 36 ______37 Zachary David Himmelman 38 39 40 ______41 Taryn Elizabeth Power 42
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43 1 STATE OF COLORADO ) 2 ) ss. 3 COUNTY OF SUMMIT ) 4 5 The foregoing was acknowledged before me this _____ day of ______, 6 2021 by Rick G. Holman, as the Town Manager, and Helen Cospolich, CMC, as the Town Clerk, 7 of the Town of Breckenridge, a Colorado municipal corporation. 8 9 Witness my hand and official seal. 10 11 My commission expires:______12 13 14 ______15 Notary Public 16 17 18 19 20 STATE OF COLORADO ) 21 ) ss. 22 COUNTY OF SUMMIT ) 23 24 The foregoing was acknowledged before me this _____ day of ______, 25 2021, by Zachary David Himmelman and Taryn Elizabeth Power. 26 27 28 Witness my hand and official seal. 29 30 My commission expires:______31 32 33 ______34 Notary Public 35 36 37 38 39 40 41 42 43 44 45 46 47 1800-530\Development Agreement_4 (06-29-21)
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44 Memo
To: Breckenridge Town Council From: Finance Department Date: 7.13.20 Subject: Supplemental and Reduced Appropriations to the 2021 Town Budget
Background
The Town Council approves a budget each year. From time to time, it is necessary to make changes to the budget as circumstances necessitate. These changes must be adopted by Council resolution. Below is a list of those changes and attached is the official resolution submitted for approval.
A supplemental appropriation is required for the payment of new debt service: 2021 Certificates of Participation for a workforce housing project known as Block 11 Apartments. While the exact amount of the debt service payment is still unknown, we have included an amount that is greater than the estimated payment in order to ensure sufficient budget authority will be available to make this future payment in December of 2021. The authorization of additional budget authority through this supplemental appropriation was requested by the Town’s Bond Counsel.
Supplemental Appropriations to the 2021 Budget
Below is a list of changes to the 2021 budget:
Capital Program: Revenue: COP Proceeds $ 10,000,000 Transfer-In from Affordable Housing Fund 1,205,057 Total Capital Fund Revenue Increase $11,205,057
Expenditure: Housing Capital Total Expense $ 11,205,057 Total Capital Fund Expenditure Increase $11,205,057
Affordable Housing: Expenditure: Transfer-Out to Capital Fund $1,205,057 Debt service for 2021 COP: Principal 70,000 Interest 82,650 Debt Issuance Cost 150,000 Total Affordable Housing Fund Expenditure Increase $ 1,507,707
45 RESOLUTION NO. ____
SERIES 2021
A RESOLUTION MAKING SUPPLEMENTAL AND REDUCED APPROPRIATIONS TO THE 2021 TOWN BUDGET
WHEREAS, the Town Council of the Town of Breckenridge desires to amend the Town's 2021 budget by making reduced appropriations in the amount of $11,205,057 in revenue and $12,712,764 in expenditures; and
WHEREAS, pursuant to Section 10.12(a) of the Breckenridge Town Charter, the Finance Department, on behalf of the Town Manager, has certified that there are available for appropriation revenues in excess of those estimated in the Town's 2021 budget or revenues not previously appropriated in an amount sufficient for the proposed supplemental appropriations; and
WHEREAS, pursuant to Section 10.12(c) of the Breckenridge Town Charter, the Town Council determines that it is necessary and appropriate to reduce certain appropriations previously made in the adopted 2020 budget, all as more fully set forth hereafter; and
WHEREAS, a public hearing on the proposed revised appropriations was held on July 13, 2021, in accordance with the requirements of Section 10.12(a) of the Breckenridge Town Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, COLORADO that:
Section 1. The 2021 budget is amended, and revised appropriations for the amended 2021 Town budget are made as follows:
Capital Fund (003): Revenue: COP Proceeds $ 10,000,000 Transfer-In from Affordable Housing Fund 1,205,057 Total Capital Fund Revenue Increase $ 11,205,057
Expenditure: Housing Capital Total Expense $ 11,205,057 Total Capital Fund Expenditure Increase $ 11,205,057
Affordable Housing Fund (007): Transfer-Out to Capital Fund $1,205,057 2021 COP Principal 70,000 Interest 82,650 Debt Issuance Cost 150,000 Total Affordable Housing Fund Expenditure Increase $ 1,507,707
46 Section 2. This Resolution shall become effective upon its adoption.
RESOLUTION APPROVED AND ADOPTED THIS 13th DAY OF JULY 2021.
ATTEST TOWN OF BRECKENRIDGE
By______By______Helen Cospolich, Town Clerk Eric Mamula, Mayor
APPROVED IN FORM
By______Town Attorney Date
47 Memo
To: Breckenridge Town Council Members From: Shannon Smith, Town Engineer Date: 7/7/2021
Subject: Resolution to Adopt IGA
This resolution is to adopt an Intergovernmental Agreement between Summit County Government, the Town of Blue River and the Colorado Department of Transportation for the State Highway 9 Access Control Plan (ACP). The ACP includes the Boreas Pass Rd/Broken Lance Intersection within Town limits and extends south to Carroll Lane in unincorporated Summit County.
1 48 1 FOR WORKSESSION/ADOPTION – JULY 13 2 3 RESOLUTION NO. _____ 4 5 SERIES 2021 6 7 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 8 THE TOWN, SUMMIT COUNTY GOVERNMENT, THE TOWN OF BLUE RIVER, AND 9 THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION 10 11 WHEREAS, the Town of Breckenridge, Summit County Government, the Town of Blue 12 River and the State of Colorado, Department of Transportation (individually an “Agency” and 13 collectively, the “Agencies”) are authorized by the provisions of Article XIV, Section 18(2)(a), 14 Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each 15 other for the performance of functions that they are authorized by law to perform on their own; 16 and 17 18 WHEREAS, each Agency is authorized by Section 43-2-147(1)(a), C.R.S., to regulate 19 access to public highways within its jurisdiction; and 20 21 WHEREAS, the coordinated regulation of vehicular access to public highways is 22 necessary to maintain the efficient and smooth flow of traffic without compromising pedestrian 23 and alternative modes of transportation circulation, to reduce the potential for traffic accidents, to 24 protect the functional level and optimize the traffic capacity, to provide an efficient spacing of 25 traffic signals, and to protect the public health, safety and welfare; and 26 27 WHEREAS, the Agencies desire to provide for the coordinated regulation of vehicular 28 access for the section of Colorado State Highway 9 between M.P 77.49 and M.P. 86.26 (Carroll 29 Lane to Broken Lance Drive) (hereinafter referred to as the “Segment”), which is within the 30 jurisdiction of the Agencies; and 31 32 WHEREAS, the Agencies desire to collaborate to assure all transportation modes 33 including pedestrian, bicycle, vehicle, and mass transit are given sufficient consideration and 34 adequate funding support with each transportation improvement project that affects access within 35 the identified project limits; and 36 37 WHEREAS, the Agencies are authorized pursuant to Section 2.12 of the 2002 State 38 Highway Access Code, 2 C.C.R. 601-1 (the “Access Code”) to achieve such objective by written 39 agreement among themselves adopting and implementing a comprehensive and mutually 40 acceptable highway access control plan for the Segment for the purposes recited above; and 41 42 WHEREAS, the development of the Access Control Plan adheres to the requirements of 43 the Access Code, Section 2.12; and 44
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49 1 WHEREAS, a proposed Intergovernmental Agreement between the Agencies has been 2 prepared, a copy of which is marked Exhibit “A”, attached hereto, and incorporated herein by 3 reference; and 4 5 WHEREAS, the Town Council has reviewed the proposed Intergovernmental Agreement 6 and finds and determines that it would be in the best interest of the Town to enter into such 7 agreement. 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF 10 BRECKENRIDGE, COLORADO, as follows: 11 12 Section 1. The proposed Intergovernmental Agreement the Town of Breckenridge, 13 Summit County Government, the Town of Blue River and the State of Colorado, Department of 14 Transportation (Exhibit “A” hereto) is approved, and the Mayor is hereby authorized, 15 empowered, and directed to execute such agreement for and on behalf of the Town of 16 Breckenridge. 17 18 Section 2. This resolution shall become effective upon its adoption. 19 20 RESOLUTION APPROVED AND ADOPTED THIS _____ DAY OF ______, 2021. 21 22 TOWN OF BRECKENRIDGE, a Colorado 23 municipal corporation 24 25 26 27 By:______28 Eric S. Mamula, Mayor 29 30 ATTEST: 31 32 33 34 ______35 Helen Cospolich, CMC, 36 Town Clerk 37 38 APPROVED IN FORM 39 40 41 42 ______43 Town Attorney date 44 45 46 800-132\ IGA Resolution (06-24-21) 47
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50 Routing #: 21-HAA-XE-03014 OLA #: 351001632
EXHIBIT “A”
INTERGOVERNMENTAL AGREEMENT AMONG THE COUNTY OF SUMMIT, THE TOWN OF BLUE RIVER, THE TOWN OF BRECKENRIDGE, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION
THIS AGREEMENT (hereinafter referred to as the "Agreement") is entered into effective as of the date defined below by and among the County of Summit, the Town of Blue River, the Town of Breckenridge (hereinafter referred to collectively as the "County and Towns"), and the State of Colorado, Department of Transportation (hereinafter referred to as the "Department"), said parties being referred to collectively herein as the "Agencies."
RECITALS:
WHEREAS, The Agencies are authorized by the provisions of Article XIV, Section 18(2)(a), Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each other for the performance of functions that they are authorized by law to perform on their own; and
WHEREAS, Each Agency is authorized by Section 43-2-147(1)(a), C.R.S., to regulate access to public highways within its jurisdiction; and
WHEREAS, The coordinated regulation of vehicular access to public highways is necessary to maintain the efficient and smooth flow of traffic without compromising pedestrian and alternative modes of transportation circulation, to reduce the potential for traffic accidents, to protect the functional level and optimize the traffic capacity, to provide an efficient spacing of traffic signals, and to protect the public health, safety and welfare; and
WHEREAS, The Agencies desire to provide for the coordinated regulation of vehicular access for the section of Colorado State Highway 9 between M.P 77.49 and M.P. 86.26 (Carroll Lane to Broken Lance Drive) (hereinafter referred to as the "Segment"), which is within the jurisdiction of the Agencies; and
WHEREAS, The Agencies desire to collaborate to assure all transportation modes including pedestrian, bicycle, vehicle, and mass transit are given sufficient consideration and adequate funding support with each transportation improvement project that affects access within the identified project limits; and
WHEREAS, The Agencies are authorized pursuant to Section 2.12 of the 2002 State Highway Access Code, 2 C.C.R. 601-1 (the “Access Code”) to achieve such objective by written
51 Routing #: 21-HAA-XE-03014 OLA #: 351001632
agreement among themselves adopting and implementing a comprehensive and mutually acceptable highway access control plan for the Segment for the purposes recited above; and
WHEREAS, The development of this Access Control Plan adheres to the requirements of the Access Code, Section 2.12.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein contained, the Agencies agree as follows:
1. The Access Control Plan dated May 2021 for the Segment (hereinafter referred to as the “Access Control Plan”) is attached hereto as Exhibit A and incorporated herein.
2. The Agencies shall regulate access to the Segment in compliance with the Access Control Plan, the Highway Access Law, section 43-2-147, C.R.S., (the “Access Law”) and the applicable sections of the Access Code. Vehicular access to the Segment shall be permitted when such access is in compliance with the Access Control Plan, the Access Law and the applicable sections of the Access Code.
3. Accesses that were in existence in compliance with the Access Law prior to the effective date of this Agreement may continue in existence until such time as a change in the access is required by the Access Control Plan or in the course of highway reconstruction. When closure, modification, or relocation of access is necessary or required, the Agency(ies) having jurisdiction shall utilize appropriate legal process to affect such action.
4. Actions taken by any Agency with regard to transportation planning and traffic operations within the areas described in the Access Control Plan shall be in conformity with this Agreement. Per Section 2.12 (3) of the Access Code, design waivers may be approved if agreed upon by the Agencies having jurisdiction.
5. Parcels of real property created after the effective date of this Agreement that adjoin the Segment shall not be provided with direct access to the Segment unless the location, use and design thereof conform to the provisions of this Agreement.
6. This Agreement supersedes and controls all prior written and oral agreements and representations of the Agencies concerning regulating vehicular access to the Segment. This agreement may be amended only in writing executed by the Agencies with express authorization from their respective governing bodies or legally designated officials. To the extent the Access Control Plan, attached as Exhibit A to this Agreement, is modified by a change, closure, relocation, consolidation or addition of an access, the Agencies may amend the attached Exhibit A so long as the amendment to the Access Control Plan is executed in writing and amended in accord with the Access Law and Access Code. The Access Control Plan Amendment Process has been included in Exhibit B. This Agreement is based upon and is intended to be consistent with the Access Law and the Access Code as now or hereafter constituted. An amendment to either the Access Law or the Access Code that becomes effective after the effective date of this Agreement and that conflicts irreconcilably with an
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express provision of this Agreement may be grounds for revision of this Agreement.
7. This Agreement does not create any current financial obligation for any Agency. Any future financial obligation of any Agency shall be subject to the execution of an appropriate encumbrance document, where required. Agencies involved in or affected by any particular or site-specific undertaking provided for herein will cooperate with each other to agree upon a fair and equitable allocation of the costs associated therewith, however, notwithstanding any provision of this Agreement, no Agency shall be required to expend its public funds for such undertaking without the express prior approval of its governing body, director, and if required, state controller. All financial obligations of the Agencies hereunder shall be contingent upon sufficient funds therefore being appropriated, budgeted, and otherwise made available as provided by law.
8. Should any one or more sections or provisions of this Agreement be judicially determined to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various provisions hereof are severable.
9. This Agreement supersedes and controls all prior written and oral agreements and representations of the Agencies and constitutes the whole agreement between them with respect to the subject matter of this instrument. No additional or different oral representation, promise or agreement shall be binding on either Agency. This Agreement may be amended or terminated only in writing executed by the Agencies on express authorization from their respective governing bodies or legally designated officials.
10. By signing this Agreement, the Agencies acknowledge and represent to one another that all procedures necessary to validly contract and execute this Agreement have been performed, and that the persons signing for each Agency have been duly authorized by such Agency to do so.
11. No portion of this Agreement shall be deemed to constitute a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions of the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et. seq. Nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement.
12. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
13. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one original Agreement. Facsimile signature shall
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be as effective as an original signature.
14. Effective Date. The Effective Date of this Agreement shall be the date of the last party to sign.
15. Notwithstanding any provision in this Agreement, including all Exhibits, to the contrary, the initial term of this Agreement shall be five (5) years from the Effective Date in paragraph 14 (“Initial Term”) with up to nine (9) five-year extensions (each five-year extension referred to in this paragraph as an “Extension”). An Extension shall automatically commence on the five-year anniversary of the Effective Date of the prior term unless a Party provides timely notice to all other Parties of an intent to terminate. To be timely, a notice of intent to terminate must be sent via U.S. Mail postage prepaid to each Party at the last known address not less than one hundred and twenty (120) days prior to the end of the Initial Term or an Extension. Upon issuance of a timely notice to terminate:
i. At least ninety (90) days prior to the end of the Initial Term or an Extension, the Agencies shall meet to discuss the operation of the Agreement, the basis for any termination, and whether the basis for termination may be addressed or remedied to permit the extension of the Agreement.
ii. The Agencies shall have sixty (60) days to resolve any issues with the Agreement and determine whether the Agreement can be extended.
iii. Not less than thirty (30) days prior to the end of the Initial Term or an Extension, all Agencies must agree in writing to extend the Agreement.
If the Parties fail to extend the Agreement as provided in subparagraphs i-iii above, the Agreement shall terminate at the end of the then current term.
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IN WITNESS WHEREOF, the Agencies have executed this Agreement effective as of the day and year last above written.
County of Summit, Colorado ATTEST:
______Commissioner, County of Summit County Clerk
APPROVED AS TO FORM:
______County Attorney Date
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Town of Blue River, Colorado ATTEST:
______Mayor, Town of Blue River Town Clerk Date
APPROVED AS TO FORM:
______Town Attorney Date
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Town of Breckenridge, Colorado ATTEST:
______Mayor, Town of Breckenridge Town Clerk Date
APPROVED AS TO FORM:
______Town Attorney Date
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State of Colorado Department of Transportation
______Chief Engineer Date
CONCUR:
______Regional Transportation Director Date
58 “EXHIBIT – A” SOUTH SUMMIT COLORADO STATE HIGHWAY 9 MP 77.49-MP 86.26 ACCESS CONTROL PLAN JANUARY 2020
The County of Summit, the Town of Blue River, the Town of Breckenridge, and the State of Colorado Department of Transportation
I. PURPOSE The purpose of this Access Control Plan is to provide the Agencies with a comprehensive roadway access control plan for the pertinent segment of Colorado State Highway 9 between MP 77.49 and MP 86.26 (Carroll Lane to Broken Lance Drive).
II. AUTHORITY The development of this Access Control Plan was completed pursuant to the requirements of the Access Code, Section 2.12, and adopted by the attached Agreement.
III. RESPONSIBILITIES It is the responsibility of each of the Agencies to this Access Control Plan to ensure that vehicular access to the Segment shall only be in conformance with this Access Control Plan. The cost of access improvements, closures and modifications shall be determined pursuant to section 43-2-147(6) C.R.S., the Agreement, and this Access Control Plan. All access construction shall be consistent with the design criteria and specifications of the Access Code.
IV. EXISTING AND FUTURE ACCESS A. The attached table provides a listing of each existing and future access point in the Segment. For each access point the following information is provided: location, description of the current access status, the future configuration ("Future Configuration"), and the condition(s) for change ("ACP Table"). All access points in the Segment are defined in the ACP Table by the approximate Department reference point (in hundredths of a mile) based on CDOT Highway Segment Description Milepost for Colorado State Highway 9 at Carroll Lane MP 77.49. All access points are located at the approximate centerline of the access (+/- 50 feet) unless otherwise noted in the ACP Table. Exhibits graphically illustrating the Future Configuration are attached for reference. In case of discrepancy between the Access Control Plan, the graphic depictions of the Future Configuration and the ACP Table, shall be resolved in the following order of precedence: 1. Access Control Plan; 2. ACP Table; 3. Graphic depictions of Future Configuration.
B. All highway design and construction will be based on the assumption that the Segment will have a sufficient cross section to accommodate all travel lanes and sufficient right-of-way to accommodate longitudinal installation of utilities.
V. ACCESS MODIFICATION Any proposed access modification, including but not limited to adding a new access, must be in compliance with this Agreement and the Access Code design standards unless the Agency or Agencies having jurisdiction approves a design waiver under the waiver subsection of the Access Code.
59 Exhibit A South Summit Colorado State Highway 9 Access Control Plan
Any access to Colorado Highway 9in the Segment which requires modification or closure pursuant to this Access Control Plan may be brought into conformance with this Access Control Plan, when a formal written request documenting reasons for the change is presented and only so long as the Agency(ies) having jurisdiction and the Department concur. The existence of one or more of the following conditions may justify an Agency's request for access modification:
a. The access is determined to be detrimental to the public’s health, safety and welfare; b. The access has developed an accident history that in the opinion of the Agency(ies) having jurisdiction or the Department is correctable by restricting the access; c. The access restrictions are necessitated by a change in road or traffic conditions; d. The Agency(ies) having jurisdiction approved a change in the use of the property that causes a change in the type of access operation as defined by the Access Code; e. A highway reconstruction project provides the opportunity to make highway and Future Configuration access improvements in support of this Access Control Plan; or f. The existing development does not allow for the proposed street and road network.
Access construction shall be consistent with the design and specifications of the Access Code.
60 “EXHIBIT - B” SOUTH SUMMIT COLORADO STATE HIGHWAY 9 (MP 77.49-MP 86.26) ACCESS CONTROL PLAN AMENDMENT PROCESS
1. A request for an amendment of the Access Control Plan may be initiated by one of the Agencies. The initiating Agency will be responsible for the costs associated with completing and documenting the Amendment.
2. Amendment requests must be submitted to and agreed upon by the Agencies having jurisdiction: . The property or properties that are directly affected by the proposed amendment must be located within a jurisdiction’s boundaries or within the boundaries of a legally recognized planning area, such as a Growth Management Area, for the jurisdiction to be considered an Agency having jurisdiction. Because the Segment is a state highway, the Department is an Agency having jurisdiction.
3. An amendment request shall include hard copy and electronic files of the following:
a) Description of the proposed amendment to the Access Control Plan, ACP Table or exhibits b) Justification for the proposed amendment c) Traffic Impact Study or analysis, depending upon the magnitude of the change requested. Any Agency having jurisdiction can request a Traffic Impact Study or analysis if such document has not been included in the amendment request. d) Amended ACP Table e) Amended Access Control Plan Exhibit(s)/Map(s)
4. The Agencies shall review the submittal concurrently for completeness and for consistency with the access objectives, principles, and strategies described in the South Summit Colorado State Highway 9 Access and Conceptual Trail Design Study (Stolfus & Associates, Inc., January, 2020) report for this corridor and with the design criteria and permit process of the State Highway Access Code.
5. Prior to approval of an amendment, all property owners directly affected by the amendment must be notified in writing and be given thirty (30) calendar days to state any objections. If an objection is lodged, approval of the amendment must be referred to the Agencies respective governing bodies. Depending on the magnitude of the change requested, a public meeting may be required. Any Agency can request a public meeting. The Agency initiating the amendment request shall be responsible for all public notification and public process, unless otherwise agreed to by the Agencies.
6. Amendments must be approved in writing by the following authorized designated officials: Regional Transportation Director for the Department, County Manager, and/or Town Manager, if so authorized by their elected officials. At the authorized designated official’s discretion, approval may be referred to their respective governing bodies identified below:
a) Chief Engineer for the Department; b) Board of County Commissioners for Summit County; c) Town Council for the Town of Breckenridge; and
61 Exhibit B South Summit Colorado State Highway 9 Access Control Plan Amendment Process
d) Board of Trustees for the Town of Blue River.
7. A written amendment must include the following:
a) Declarations page defining the parties, effective date, and details of the amendment. Refer to sample amendment attached to the Agreement as Exhibit C. b) Signatures page for authorized designated officials. Refer to Exhibit C. c) Proposed amendment to Access Control Plan, ACP Table and any exhibits. The ACP Table and any exhibits should be replaced in their entirety.
A signed amendment must be attached to the original Agreement.
8. If all Agencies having jurisdiction do not agree on a proposed amendment, the content of the Access Control Plan, in effect at the time the amendment was requested, remains intact.
62 Memo
To: Breckenridge Town Council Members From: Mark Truckey, Director of Community Development Date: July 7, 2021 Subject: Planning Commission Decisions of the July 6, 2021 Meeting
DECISIONS FROM THE PLANNING COMMISSION MEETING, July 6, 2021:
CLASS A APPLICATIONS: 1. Placer Flats Master Plan 2nd Amendment, 190 Stan Miller Drive & 13445 State Hwy 9, PL-2020- 0045 A proposal to modify the existing Placer Flats Master Plan to change total density exceptions, parking space allocations, open space uses, architectural guidelines regarding compatibility, the number of separate businesses allowed in one building, metal siding, roof materials, and roof form. Approved, see second memo.
2. Breck Central Market, 190 Stan Miller Drive, PL-2020-0044 A proposal to construct a 12,600 sq. ft. commercial building including 2,850 sq. ft. of office and 9,251 sq. ft. of commercial restaurant, as well as parking, landscaping, and realignment of the recreation path. Approved, see third memo.
CLASS B APPLICATIONS: None.
CLASS C APPLICATIONS: None.
TOWN PROJECT HEARINGS: None.
OTHER: None.
1
63 Memo
To: Town Council From: Chapin LaChance, AICP – Planner II Date: July 7, 2021 for meeting of July 13, 2021 Subject: Placer Flats Master Plan 2nd Amendment Class A Development Permit Application: Planning Commission Approval Summary
The existing Placer Flats Master Plan encompasses two (2) lots, including the Breckenridge Building Center property and the adjacent vacant lot to the south, north of the Second Water Treatment Plant. The applicant proposes a modification of the existing Placer Flats Master Plan to allow total density exceptions, change shared parking space allocations, allow detention ponds as an open space use, and modify architectural guidelines regarding compatibility (metal accents, siding, roof materials, and roof form), and to remove the limitation of the number of separate businesses allowed in one building. Preliminary Hearings on the Placer Flats Master Plan 2nd Amendment were held on March 17, 2020, May 19, 2020, and April 6, 2021. A Final Hearing was held on June 1, 2021, and was continued to the July 6 meeting.
At the Final Hearing continuance on July 6, the Planning Commission approved the Class A Development Permit application with a vote of 7-0, with Findings and Conditions of Approval.
Staff will be available at the meeting to answer any questions.
1
64 Memo
To: Town Council From: Chapin LaChance, AICP – Planner II Date: July 7, 2021 for meeting of July 13, 2021 Subject: Breck Central Market Class A Development Permit Application: Planning Commission Approval Summary
The applicant proposes to construct a 12,600 sq. ft. commercial building at 190 Stan Miller Dr., south of and adjacent to the Breckenridge Building Center. The project includes 2,850 sq. ft. of office and 9,251 sq. ft. of commercial restaurant, as well as parking, landscaping, and realignment of the recreation path. Preliminary Hearings on the Breck Central Market Class A Development Permit application were held on March 17, 2020, May 19, 2020, and April 6, 2021. A Final Hearing was held on June 1, 2021, and was continued to the July 6 meeting
At the Final Hearing continuance on July 6, the Planning Commission approved the Class A Development Permit application with a vote of 7-0, with Findings and Conditions of Approval.
Staff will be available at the meeting to answer any questions.
1
65 Highfield Tr
Linden Ln Shores Ln
Tiger Rd
Dewey Placer
Marksberry Way Buffalo Ter Long Ridge Dr
Stan Miller Dr
Marks Ln
Gold Run Gulch Rd Clubhouse Dr Clubhouse
Silver Cir
Shekel Ln
SageDr
Lake Edge Dr
Hamilton Ct Glen Eagle Loop Discovery Hill Dr
Mumford Pl
Fairways Dr Westerman Rd
Highway 9 Gold Run Rd Preston Way
Coyne Valley Rd Golden Age Dr
Denison Placer
Byron Ct Evans Ct
Peabody Ter
Highlands Dr
Fletcher Ct
Floradora Dr
McGee Ln
Barney Ford
Airport Rd
Rounds Rd
Dyer Trl
Spencer Ct Tassels Lp Valley Brook St
Forest Cir SCR 452
SCR 450 Main St N St Main
Peerless Dr Reiling Rd Park Ave N
Breckenridge North J66 Peak Eight Rd
Timber Trail Rd
SCR 709 SCR 708
Boulder Cir
Settlers Dr
Highwood Cir
Ski Hill Rd Grandview Dr
Windwood Cir
Union Tr Iliff Ct Christie Ln Beavers Dr Peak Nine Rd Lomax Dr Peerless Dr Bluff Ct
Four Oclock Rd
Kings Crown Rd Sawmill Rd
Woods Dr
Village Rd Amber Ct Park Ave N Park Ave S
Airport Rd Gold King Way White Cloud Dr Broken Lance Dr
Watson Ave Watson Columbine Rd Main St N Main St S Luisa Dr Snowberry Ln Ridge St S French St N
WellingtonRd
Lincoln Ave
French St S Briar Rose Ln
Red Feather Rd Tomahawk Ln Adams Ave E Harris St S Hwy 9 High St N High St S Gold Flake Ter N
Riverwood Dr
Corkscrew Dr Carter Dr Royal Tiger Rd
Pine St N Hermit Dr Pine St S Klack Rd Sunbeam Dr Boreas Pass Rd
Reiling Rd
Sheppard Cir
Campion Tr
Bright Hope BrooksideDr Ln
Rachel Ln
Locals Ln Sisler Green Stables Dr
Grey Ln
Wolff Lyon RdFrench Gulch Rd Bridge St
Logan Dr J Breckenridge South 67 Town of Breckenridge Date 07/06/2021 Planning Commission Regular Meeting Page 1
PLANNING COMMISSION MEETING
The meeting was called to order at 5:45 p.m. by Chair Beckerman. Ms. Puester noted that due to technical issues the Zoom meeting was not functioning but the meeting would proceed in person and staff would continue working on the technical issues.
ROLL CALL Christie Mathews-Leidal Mike Giller Jay Beckerman Mark Leas Tanya Delahoz Steve Gerard Allen Frechter
APPROVAL OF MINUTES With the changes below, the June 15, 2021 Planning Commission Minutes were approved.
Mr. Giller: Change from previous minutes to say “waive”.
APPROVAL OF AGENDA With no changes, the July 6, 2021 Planning Commission Agenda was approved.
PUBLIC COMMENT ON HISTORIC PRESERVATION ISSUES: • None
FINAL HEARINGS: 1. Placer Flats Master Plan 2nd Amendment (CL), 190 Stan Miller Drive & 13445 State Hwy 9, PL-2020- 0045 Mr. LaChance presented a proposed modification of the existing Placer Flats Master Plan to change total density exceptions, parking space allocations, open space uses, and architectural guidelines regarding compatibility, the number of separate businesses allowed in one building, metal siding, roof materials, and roof form.
Commissioner Questions for Staff: Ms. Leidal: In the parking notes in the upper right hand corner, the new parking spaces on Lot 1 shall be constructed by the people of Lot 1. Is that correct? (Mr. LaChance: Yes). Mr. Leas: The 43 parking spaces, are those being given up by the existing parking lot at the BBC? (Mr. LaChance: Right now there is an existing Agreement and Easement that authorizes 30 spaces for the vacant Lot 1 on the BBC property, Lot 2. Those are existing spaces. The applicant is required to install 13 additional spaces on Lot 2. The majority of those 13 spaces are along Stan Miller Dr. Ms. Delahoz: No questions. Mr. Frechter: No questions. Mr. Gerard: In the Master Plan notes, sub paragraph F., last sentence regarding brick material should be corrected to include “exceed”. (Mr. LaChance: The Commission can make a motion to add that as a Condition of Approval). Mr. Beckerman: No questions.
Danny Teodoru, Timberline Law: Thank you all very much. We have had quite a few Hearings. Have worked with staff to address remaining issues. We agree to Condition of Approval for added language in the Master Plan. In terms of parking spots, these lots were platted and developed together. There is a Master Parking and Maintenance Agreement stating we have no less than 30 spots but could have more if needed. We have worked with the owners of Lot 1 for a revision to the Parking Agreement to allow 43 spaces. We are building those. We are working with the Lot 2 owners on maintenance and allocations. It is already contemplated in the existing Agreement and the plat that
68 Town of Breckenridge Date 07/06/2021 Planning Commission Regular Meeting Page 2
it may be more than 30 spaces. The architect can address how the adjustment was made. Would like to work through any remaining issues today because we need to get an approval or denial today. A continuance would be detrimental to moving forward on this project. We thank staff and Mr. LaChance has done a terrific job working with us.
Mark Provino, Architect: Can speak to parking during the Hearing for the Breck Central Market site plan review.
Mr. Beckerman opened the meeting to Public Comment. No comment was heard and comment period was closed.
Commissioner Comments: Ms. Leidal: Thoroughly reviewed and presented. Support the analysis and the suggested added condition. Mr. Giller: Good project. Applicant, agent and staff have done thorough job. Look forward to the project. Ms. Delahoz: Agree. Mr. Frechter: Was not on Commission for previous meetings but was following so good job fixing the parking issues. Mr. Gerard: Better project for the added time taken to redesign. Mr. Leas: Looks like a thorough project. Mr. Beckerman: Support the project.
Mr. Gerard made a motion to approve the Placer Flats Master Plan 2nd Amendment with an added Condition of Approval to add the word “exceed” to plat note F prior to 10%. Seconded by Ms. Delahoz. The motion passed 7-0.
2. Breck Central Market (CL), 190 Stan Miller Drive, PL-2020-0044 Mr. LaChance presented a proposal to construct a 12,600 sq. ft. commercial building including 2,850 sq. ft. of office and 9,251 sq. ft. of commercial restaurant, as well as parking, landscaping, and realignment of the recreation path.
Commissioner Questions for Staff: Ms. Leidal: Town Council will review this next week and we will hold the Development Permit until the Agreement has been submitted to the Town? (Mr. LaChance: Exactly.) Master Plan modification basically allows this project to go forward. Site plan does not meet the current Master Plan. I think a Condition of Approval prior to issuance of a Building Permit that the Master Plan modification mylar should be submitted and recorded so that it becomes effective so that this project can proceed. So if we can add a new Condition of Approval #11 prior to issuance of a Building Permit that the Master Plan modification mylar should be submitted to the satisfaction of the Town and recorded with the Summit County Clerk and Recorder and renumber thereafter.
Danny Teodoru, Timberline Law: Additional Condition of Approval is fine with us. Worked closely with Chapin and Tim Berry on the Agreement and it is in final form. Minor changes to the legal description for the rec path easement. We intend to get this executed and recorded as soon as possible.
Mark Provino, Architect: The parking field on Lot 2 has been shifted 3.5’ to the west. That moved parking encroachments out of the 150’ setback. Lost parking spot on Lot 1. On page A201.1 there is a diagram that shows the reallocation of
69 Town of Breckenridge Date 07/06/2021 Planning Commission Regular Meeting Page 3
market vs. office space to reduce parking count. East wall of the building moved inward slightly to create the same relationship to the walkways and parking. No changes to west elevation. North elevation saw some minor repositioning of the windows. East elevation high wall changed. Metal siding area is now recalculated. South elevation thinned slightly. Stair from rooftop terrace shifted slightly. Added window.
Commissioner Questions for Applicant: Ms. Leidal: All parking spaces meet the 9’ x 18’ minimum size and 25’ drive isle minimum correct? (Mr. Provino: I can confirm that they do.) Mr. Beckerman: When the required parking spaces were recalculated, can you show what changed? (Mr. Provino: Eastern wall moved westerly and the western elevation of office area moved west, increasing volume, and reduced market space.)
Mr. Beckerman opened the meeting to Public Comment. No comment was heard and comment period was closed.
Commissioner Comments: Ms. Leidal: Thanks for the revisions and explanation. Support the project with the additional condition about making the Master Plan modification effective. Mr. Giller: Good project, meets Development Code. These nuances were worked through to get rid of exceptions and non-conforming items. Project is much better. Ms. Delahoz: Appreciate the changes and the collaborative effort. I support the project. Mr. Frechter: No comments. Mr. Gerard: Nice addition to the north end of town. I knew the applicant could come up with a way to get rid of exceptions that would have set bad precedent. Mr. Leas: Good looking building. Mr. Beckerman: Thank you for your patience as we worked through this. Thank you for all your work. Great project.
Ms. Leidal made a motion to approve the Breck Central Market with an additional condition #11 “Prior to issuance of a Building Permit, applicant shall submit a 24x36 mylar copy of the final Master Plan modification as approved by the Planning Commission at final hearing, and notice of the Master Plan approval shall be recorded with the Summit County Clerk and Recorder.” The motion was seconded by Mr. Gerard. The motion passed with a vote of 7-0.
*Zoom recording and meeting started, delayed due to technical difficulties*
PRELIMINARY HEARINGS: 1. Breckenridge Grand Vacations Gondola Lots Master Plan (CK), 350, 355 & 415 North Park Avenue, PL- 2021-0052 Mr. Kulick presented a Master Plan proposal for the North Gondola Lot, North Gold Rush Lot and South Gold Rush Lot with 143 SFEs of density, featuring condominium, townhome, commercial, hotel and workforce housing uses. The Master Plan will also include roadway and pedestrian improvements, including a roundabout at the intersection of Park Avenue and French Street, a new gondola, and a parking structure. The following specific questions were asked of the Commission: 1. Internal Circulation - Staff now recommends awarding positive three (+3) points related to the pedestrian circulation improvements proposed. Does the Commission agree? 2. Parking - a. Staff recommends positive one (+1) point for providing two joint parking facilities. Does the Commission concur? b. Does the Commission share staff’s concerns with the amount of extra parking on the South Gold Rush site but believe it should be reviewed during a site-specific Development Permit
70 Town of Breckenridge Date 07/06/2021 Planning Commission Regular Meeting Page 4
review. 3. Architecture – a. Does the Commission have any feedback related to the proposed architectural guidelines? Does the Commission support awarding negative three (-3) points under Policy 5/R for the use of brick or other non-natural materials up to 75% per façade. b. Does the Commission agree that language should be added to the Master Plan to give the ability assess additional negative points under Policy 5/R at site-specific reviews, for non- natural materials beyond 75% per façade and excessive dissimilarity? c. Does the Commission believe that brick should be eliminated altogether from the duplex structures on the South Gold Rush lot in favor of stone bases that are much more typical outside of the Historic? 4. Infrastructure – Does the Commission agree that four (+4) positive points should be awarded for the proposed round-about because it was listed in the 2019 Capital Improvements Plan, not the current 2021 plan? 5. Council Goals - Does the Commission agree that since the majority of the associated improvements will be located in the ROW and outside of the applicant’s property, positive three (+3) points should be awarded for meeting a Council Goal of constructing a roundabout at the intersection of French Street and Park Avenue? 6. Recreation – Does the Commission agree positive three (+3) points should be awarded under Policy 20/R, for providing the Gondola Plaza public park? 7. Open Space - Does the Commission support awarding six (+6) positive points, for a fee simple dedication to the Town of the designated wetland area? 8. Building Height – Should the Gondola Terminal be granted an exemption from Building Height? 9. Additional Comments – Does the Commission have any additional questions or comments on the proposed master plan? 10. Final Hearing—Is the Commission comfortable with the master plan next coming to the Commission for a Final Hearing? 11. Added Question during the hearing: Does the Commission support positive points under 25R for the gondola?
Bill Campie, DTJ Design Thankful to staff for direction so far. Listening to as many comments as possible from the last meeting and will do the same here. We are hoping to create language that better gets to the goal of the project. We are not intending on creating concrete Townhomes so we can adjust that language. We are not trying to mimic Main Street but make a unique space that still fits in Breckenridge. Working to craft language to match our intention. Will get into more specifics next meeting. Staff did a good job explaining the gondola process. We looked for lots of feedback from the community and the neighbors. A number of parking agreements exist that restrict what we can do. A stoplight would have hit many of our goals but does not necessarily match Town goals. Looked at moveable walkways and similar options but they were not feasible given the constraints. Other precedent of similar situations such as Winter Park. Very successful. Easier for people and much faster than walking. Many gondolas are being built in non-ski environments since they function well for people moving. We have the intention of making the park a nice urban space. It is external to the project and adjacent to public uses. Also functions as breathable space for the gondola load area and works to handle overflow. Happy to update language to better defined words. Important project to the Town. CDOT will be very influential in the design of the roundabout in terms of size, lane area, etc.
Commissioner Questions / Comments: Ms. Leidal: How much wetland area is being disturbed and where is the mitigation. (Mr. Campie: We are still working with the Corps and will better determine that later. Will likely mitigate off-site. Options elsewhere that may offer more benefit.) The check-in facility by the Townhomes are just for the Townhomes? (Mr. Campie: Yes, maybe with restrooms.) Are
71 Town of Breckenridge Date 07/06/2021 Planning Commission Regular Meeting Page 5
you opposed to reducing parking in that area? (Mr. Campie: Will want to better finalize uses and square footages before determining that. We wanted to represent the most impact now.) Mr. Giller: Can you expand on the architecture direction? (Mr. Campie: Intention is to reduce the modern aspects. The bigger hotel concept building was reduced. We heard that connecting the building designs was preferable, the architecture was too varied. Less brick buildings. Will be spending more time on that. Want it to be a part of Breckenridge and make sense. Less mining influences, more classic influences.) Ms. Delahoz: Can you expand on how you are building on the institutional buildings in Breckenridge? (Mr. Campie: Will need to work through that more.) Mr. Frechter: It would be nice to have a pedestrian bridge over the river. Is there an opportunity to explore that more? Will you consider how Phase 2 would access a pedestrian bridge to Town? (Mr. Campie: The applicant is happy to work with the Town but the Town may need to lead in this regard.) Mr. Gerard: On sheet 5 of 8, I’m wondering if you could show the existing gondola towers on the plan. (Mr. Campie demonstrated the locations on the screen.) (Mr. Campie: Will show those on the plan in the future.) In the area of the SW townhomes you have a park and all of the other activities, can you remove items that you don’t want to propose? (Mr. Campie: Want to show maximum total impact now. It may change when proposed at a site plan level.) The north parking lot shows recreational space, is that public or private. (Mr. Campie: That is intended to be private.) Do you think that the delivery area will conflict with car access to the underground parking area. (Mr. Campie: We have tried to minimize that. They would have the ability to control delivery times and the parking is not as intense as a hotel use for example. We would not have 2 semis there for example.) Do you see semis pulling into N Depot Rd and backing to the dock? (Mr. Campie: Yes. That has been modeled and shown to perform as intended.) Mr. Leas: Do you have any examples of gondola usage in other similar situations where pedestrians have the alternative to walk? (Mr. Campie: Will provide more info at next meeting.) Mr. Beckerman: How are the SFE numbers lower than the unit count? (Mr. Campie: The SFE is just a square footage count. If the units are smaller then we can build more and still stay under the limit.) There is no possibility for a ski back for the garage correct? (Mr. Campie: The wetlands and grade would not allow it to function.) (Mr. Kulick: The town has looked at it extensively but determined that it is not feasible even with a bridge/pier system.) What would the operational hours/days be for the gondola? (Mr. Campie: Gondola will be fully public. Will determine operating hours based on hours of garage operation. I understand that it will be intended to alleviate pedestrian traffic across Park Ave. during times where it may be an issue. Have also been in contact with CDOT about the gondola approval.) Would crossing 4 lanes instead of 2 present major issues? (Mr. Campie: Will refer to consultants. Have worked with many in the process as well as Town Engineers. Safety is the most important to everyone. The lane numbers are determined by nearby projects and project needs here. Don’t believe that only 2 lanes are feasible.) Town Council has wanted to reduce overparking. Would you able to control/monitor garage spaces and increase wayfinding between the S. Gondola lot and the Gold Rush lot? (Mr. Campie: I don’t know the specifics but will work with the Town to increase efficiency and make sure communication is clear.) Will the north gondola lot parking be underground? (Mr. Campie: Yes, other than the drop off spaces.)
Public Comment:
Del Nordstrom, 103 Woods Dr.: Our neighborhood is directly adjacent to the Gold Rush lots and our only access is though the development
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area so we are very interested in the project. The project is in LUD 9 & 10 which encourages natural spaces and uses of the lowest nuisances. We believe that this proposal is significantly against the zoning guidelines and should receive the maximum negative point award (-12). We don’t believe that there is any way to predict the usage of the gondola and people will make traffic issues on the nearby streets worse. Positive points for circulation should not be awarded. There is an option to ski back but it is not great. There is a path on the existing ski back run that accesses Woods Dr. and Mountain Thunder which we believe people will use instead of the gondola.
Commissioner Questions / Comments: Ms. Leidal: 1. Yes, for the sidewalks. Gondola is mitigation due to structure location. 2.A. Yes. Want to make sure we are not setting bad precedent. 2.B. If you are showing it on the Master Plan we are approving it. It is more than necessary and negative points should be awarded under 7/R for site disturbance. 3.A/B. Concerned about letting it go to 75% brick. I don’t think it is appropriate in Town nor adjacent to Historic District. -6 points. 3.C. Yes. 4. No. I don’t support it or agree with the point award as it just mitigates the impact. 5. Yes. 6. Would like to defer comments. We don’t know what we are getting or how public it will be. 7. No. Not +6 points. It is a benefit to the neighbors and could be filled with Army Corps approval. 8. No, no precedent. 9. I agree with Staff about preserving the trees along S. Park Ave and using a barrier to control pedestrian crossing. Points should not be awarded for the Gondola under 25/R since it is mitigation based on the proposed location. 10. No this is not ready for a final hearing. Mr. Giller: 1. Yes 2.A. Yes 2.B. Defer, possibility of over parking. 3.A. Compatibility with Breckenridge is important. Project language does not match. 3.B. 75% is too much. Concrete is a no go. 3.C. Brick can be compatible but depends on massing and overall style. 4. Yes. 5. Yes 6. Need metrics. 7. +3, maybe +6. 8. Yes. 9. Would like to see the renderings again. 3, maybe +6 points for transit. 10. No Ms. Delahoz: 1. Yes. 2.A. Yes 2.B. Yes, share concern. 3.A. Support -3, better language needed. B. 75% is too much. 3.C. Less 4. Yes 5. Yes. 6. Yes. 7. Yes. 8. Yes, with Council approval. 9. Will follow staff recommendation on transit. 10. Comfortable given how willing the applicants have been with previous hearings. Mr. Frechter: 1, Yes 2.A Yes 2.B. Yes 3.A. No, unless applied to a specific building. 3.B. Nothing beyond 75%. 3.C. Yes 4. Yes. Maybe more. 5. Yes. 6. Yes, would like to see more specifics. 7. No, 3 only. 8. Yes. Possibly with condition. 9. Consider location of a pedestrian bridge. 10. Little experience but if applicant can respond to all comments then yes. 11. No, may be better solutions. Mr. Gerard: 11. Maybe 3 points. 1. Yes 2.A. 2.B. Great concern with extra parking. Should be removed from site plan. 3.A. No. Should be in development permit process. 75% is a lot. 4. No. 5. Yes 6. Need more info. +3 points at site development. 7. Yes. 8. No. 9. 95% gondola usage is highly unlikely. 10. No. Mr. Leas: 1. Yes. 2.A. Yes 2.B. Developer should have flexibility. 3.A. Don’t agree with 75%. Points better issued at development plan. 4. No. 5. Yes. 6. Yes. 7. Yes. 8. No. 9. None. 11. Need to withhold for now. 10. No. Mr. Beckerman: 1. Yes. 2.A. Yes. 2.B. Concern for TC. Reduce parking. 3.A. Development permit level, not eliminated. 4. Yes. 5. Yes. 6. No. 7. Yes. 8. Will defer to staff. 9. BGV is a great partner. Need to be careful in making sure we treat this the same as any other. 10. No, recommend another prelim. 11. +6 is warranted.
OTHER MATTERS: 1. Town Council Summary Mr. Truckey gave an overview of the 6/22 Town Council meeting including First reading of building height in flood plain ordinance and discussion on McCain Master plan changes.
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2. Class D Majors Q2 2021 (Memo Only) 3. Class C Subdivisions Q2 2021 (Memo Only)
ADJOURNMENT: The meeting was adjourned at 9:48 pm.
______Jay Beckerman, Chair
74 Scheduled Meetings Shading indicates Council required attendance – others are optional The Council has been invited to the following meetings and events. A quorum may be in attendance at any or all of them. July 2021 Tuesday, July 13th, 2021 11:00am Alta Verde Ground Breaking Tuesday, July 13th, 2021 3:00 pm / 7:00 pm Council Chambers First Meeting of the Month Friday, July 16th, 2021 9:00am - 10:00am Coffee Talk with BSR Seven's Restaurant Tuesday, July 27th, 2021 3:00 pm / 7:00 pm Council Chambers Second Meeting of the Month August 2021 Tuesday, August 10th, 2021 3:00 pm / 7:00 pm Council Chambers First Meeting of the Month Tuesday, August 24th, 2021 3:00 pm / 7:00 pm Council Chambers Second Meeting of the Month Other Meetings July 13th, 2021 Board of County Commissioners Meeting 9:00am / 1:30pm Workforce Housing Committee 10:30am July 14th, 2021 Breckenridge Heritage Alliance Noon July 15th, 2021 Transit Advisory Council Meeting 8:00am July 19th, 2021 Social Equity Advisory Commission 9:00am Breckenridge Creative Arts 1:00pm July 20th, 2021 Board of County Commissioners Meeting 9:00am Liquor & Marijuana Licensing Authority 9:00am Planning Commission Meeting 5:30pm July 22nd, 2021 Breckenridge Tourism Office Board Meeting 8:30am RW&B Board Meeting 3:00pm July 26th, 2021 Open Space & Trails Meeting 5:30pm July 27th, 2021 Board of County Commissioners Meeting 9:00am / 1:30pm July 28th, 2021 Summit Stage Transit Board Meeting 8:15am Summit Combined Housing Authority 9:00am August 3rd, 2021 Board of County Commissioners Meeting 9:00am Planning Commission Meeting 5:30pm August 4th, 2021 Breckenridge Events Committee 9:00am I-70 Coalition 10:00am Childcare Advisory Committee 3:00pm August 10th, 2021 Board of County Commissioners Meeting 9:00am / 1:30pm Workforce Housing Committee 10:30am
75 1 of 2 Scheduled Meetings Shading indicates Council required attendance – others are optional The Council has been invited to the following meetings and events. A quorum may be in attendance at any or all of them.
August 11th, 2021 Breckenridge Heritage Alliance Noon August 12th, 2021 I-70 Coalition 9:30am Upper Blue Sanitation District 5:30pm August 16th, 2021 Social Equity Advisory Commission 9:00am August 17th, 2021 Board of County Commissioners Meeting 9:00am Liquor & Marijuana Licensing Authority 9:00am Planning Commission Meeting 5:30pm August 19th, 2021 Transit Advisory Council Meeting 8:00am August 23rd, 2021 Breckenridge Creative Arts 3:00pm Open Space & Trails Meeting 5:30pm August 24th, 2021 Board of County Commissioners Meeting 9:00am / 1:30pm August 25th, 2021 Summit Stage Transit Board Meeting 8:15am August 26th, 2021 Breckenridge Tourism Office Board Meeting 8:30am Northwest CO Council of Governments 10:00am RW&B Board Meeting 3:00pm September 1st, 2021 Police Advisory Committee 7:30am Breckenridge Events Committee 9:00am Childcare Advisory Committee 10:00am September 7th, 2021 Board of County Commissioners Meeting 9:00am Planning Commission Meeting 5:30pm September 9th, 2021 I-70 Coalition 10:00am Upper Blue Sanitation District 5:30pm TBD Water Task Force Meeting 8:00am Art Installation Meeting 2:00pm QQ - Quality and Quantity - Water District 1:15pm
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