HomeMy WebLinkAboutagenda.council.regular.20090126CITY COUNCIL AGENDA
January 26, 2009
5:00 P.M.
Call to Order
Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters maybe adopted together by a single motion)
a) Resolution #5, 2009 -Contract -Carl Walker Inc. -Parking Garage Roof
Renovation
b) Resolution #4, 2009 -Contract - Sopris Engineering Burlingame Ranch Phase I -
Storm Drainage
c) Resolution #6, 2009 -Approving Three Trees Easement Agreement
d) Board Appointments
e) Minutes -January 12, 2009
VII. First Reading of Ordinances
a) Ordinance #2, 2009 -Release of Buckhorn Arms Zoning Restrictions P.H. 2/9
VIII. Public Hearings
a) Ordinance #38, 2008 -South 7~h Annexation withdrawn
b) Ordinance #39, 2008 - 201 South 7~' Zoning withdrawn
c) Resolution #7, 2009 -Growth Management Allotments Rollover
d) Resolution #3, 2009 -Aspen Valley Hospital Conceptual PUD
IX. Action Items
X. Executive Session
XI. Adjournment
Next Regular Meeting February 9, 2009
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
~I~
To: Aspen City council
From: Frank Peters
Re: Request to rename the Yellow Brick Park the Charles Brandt Park
On March 7, 2001 Aspen lost Chuck Brandt to cancer. At the time he was 61,
athletic, and fully engaged in serving his community. His trail of good works may have
ended then, but the benefits he left behind have not. It is not too late for us to now honor
him, his family, and his service.
Our collective community memory may sometimes be short, and time has a way
of moving on. But some of the better things in Aspen, which we now may take for
granted, didn't' happen by themselves. The preservation of the Yellow Brick School and
park is an example. It was not long ago that this beehive of activity for young children
was a rundown and abandoned middle school building with a playground full of cracked
asphalt and weeds, surrounded by a rusty chain link fence.
To be sure there were many important players in the effort to bring the Aspen
City Council and the Aspen School District together to preserve and rehabilitate the
Yellow Brick for childcare, and install a safe, fun playground for younger children.
Rachel Richards and John Bennett come to mind on the city side, devoting time and
effort to the cause. On the School District side, Chuck Brandt, in his characteristically
calm, quiet, and thoughtful way, was an important leader.
Back to some history. When the Aspen School District built a new elementary
school at the district campus in the early 1990s it vacated the red brick and yellow brick
buildings in town. The City of Aspen soon moved to buy the red brick building to use as
an arts and recreation center, floating a bond issue to raise the money for the purchase
and renovation. The yellow brick building's fate however was to remain in limbo for
several more years.
After moving out, the Aspen School District leased the empty Yellow Brick to the
newly-formed Early Learning Center for $1 a year, but with the caveat that there would
be no School District money to support maintenance, repair, or replacement of the
building and its systems. It was acknowledged at the time that this was a temporary
affair, and that the School District was planning to sell the building to raise money for the
District budget. It looked like the property would become a row of second homes.
Chuck Brandt, who at the time was serving on the School District Board, became
a founding board member of the Early Learning Center. These were not easy times. The
ELC had little money, an old building, a leaky roof, and an uncertain fixture. The first
director lasted a few months. Meetings were conducted in a drafty old classroom, with
single pane windows, around a battered Formica table. But at a time when the benefits of
early childhood education were just being recognized, Chuck Brandt already had the big
picture. Chuck took this short-straw job because he was committed to the welfare and
education of the kids of the community. As if he didn't already have enough to do. For
the childcare center it was invaluable to have someone of Chuck's stature at the ELC,
someone who also had significant influence on the School Board.
Rachel Richazds took the lead from the city side in working out a preservation
deal with the school district to trade land, cash, and playing field improvements for the
Yellow Brick site. The negotiations were neither quick nor easy. In Rachel's words,
Chuck Brandt "was a leader" on the District side in making the deal happen. An
agreement did come together, the Yellow Brick building got a new roof, windows, and
mechanical equipment, the School District received valuable land and improvements, and
the decomposing asphalt became the landscaped playground it is today.
For the record, both former council person and mayor Rachel Richards and
former Mayor John Bennett support this request. We'd all rather have Chuck Brandt still
with us than to be talking about naming a pazk after him. But he's gone, and this is what
we have. It is a small gesture, but it will have meaning for the community as it
remembers its history, and it will, late but eventually, honor the Brandt family name.
Obituary of Charles Brandt from the Aspen Times
Charles Templeton Brandt Sr. succumbed to cancer on March 7 after a
long battle. He was 61.
In 1961, he graduated from Wabash College in Indiana. After graduating
from Hastings School of Law in San Francisco in 1961, Chuck and his wife,
Emmy Lou, moved to Aspen to run her family's new ski lodge.
In 1966, Brandt started to work for the law offices of Holland £t Hart in
Aspen, and he soon became a partner with the firm. After 31 years with
the firm, he left to open his own taw firm and practice taw with his
family.
A familiar face at local land-use hearings, Brandt was known for taking a
reasonable approach to the issues involved, maintaining a pleasant
demeanor while still representing his clients' interests. He was highly
regarded by his clients and colleagues.
He served with the Aspen Valley Land Trust for many years in an effort to
preserve open space in the Roaring Fork Valley. In addition, he dedicated
countless hours to his passion of improving education for valley children
and had served as president of both the Aspen Country Day School board
and the Aspen School District board.
An avid athlete, Chuck participated in community runs, bike races and
uphill challenges and had a love of scuba diving.
He is survived by his wife, Emmy Lou Brandt, sons C.T., Garret and Gray,
his mother, Helen Rapley, and brother Bill Brandt of Sacramento,
daughter-in-taw Leslee Brandt and grandchildren Bobby and Katie
Brandt.
A memorial service is planned for Saturday, March 17, at 10 a.m. at the
Aspen School District theater in the Aspen Middle School building on
Maroon Creek Road. In lieu of flowers, contributions are being made in
Chuck's name to the Aspen Foundation, 110 E. Hallam St., Suite 126,
Aspen, CO 81611.
While the family is requesting that no fresh flowers be brought to the
service, they would welcome native wildflower seeds to be spread along
with Chuck's ashes.
CHARLES T. BRANDY & ASSOCIATES, P.C.
ATTORNEYS AT LAW
Colorado National Bank Building
420 East Main Street, Suite 204
Aspen, Colorado 51611
Telephone 970-925-5196 Jeanne S. White
Charles T. Brandt Fax 970-925-4559 Travis S. Thornton
RESUME
CHARLES T. BRANDY. MARRIED TO EMMY LOU BRANDY. FATHER OF THREE BOYS
OCCUPATION -ATTORNEY
- 31 YEARS WITH HOLLAND & HART, PARTNER FOR 25 YEARS
- PRFVATE PRACTICE SINCE JUNE 1, 1997
ASPEN RESIDENT FOR 33 YEARS WITH THE EXCEPTION OF TWO YEARS IN DENVER WITH
HOLLAND & HART FROM 1966 TO 1968
LEGAL SPECIALTIES -REAL ESTATE TRANSACTIONAL AND LAND USE APPROVAL WORK
REPRESENTATIVE CLIENTS:
THE CONSERVATION FUND, JOHN P. MCBRIDE, MITCHELL DEVELOPMENT COMPANY,
BOB GILLMAN AND RELATED ENTITIES, ASPEN VILLAGE, 1NC., AND ARMAND AND
CELESTE BARTO5
CN1C ACTIVITIES:
PRESIDENT, ASPEN DISTRICT BOARD OF EDUCATION (MAY, 1988 TO NOVEMBER, 1995)
MEMBER BOARD OF DIRTORS OF THE ASPEN EDUCATION FOUNDATION (1990 TO
NOVEMBER, 1996)
PRESIDENT OF BOARD OF TRUSTEES, ASPEN COUNTRY DAY SCHOOL (197R-984)
MEMBER AND OFFICER OF ASPEN HISTORICAL SOCIETY BOARD OF TRUSTEES
MEMBER AND OFFICER OF ASPEN VALLEY IMPROVEMENT ASSOCIATION
MEMBER BOARD OF DIRECTORS OF THE ASPEN VALLEY LAND TRUST
RECREATIONAL INTERESTS:
ROAD AND MOUNTAIN BIKING, SNOW SHOEING AND CROSS COUNTRY SK11NG
C:AIJara\CTR Assoda[es\Pecsonal Resume.doc
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
John Laatsch, Asset Project Manager
Scott Miller, Capital Asset Director
January 14, 2009
January 26, 2009
vl a,
Rio Grande Parking Garage Roof Renovation Design
REQUEST OF COUNCIL: Asset Staff requests Council's approval of Resolution #..r.~... a
contract for Professional Design Services with Carl Walker, Inc. for the Design of the Roof
Restoration to the City's Parking Garage. The cost of the contract with Carl Walker is $85,500.
Total cost of the design portion of this project is $130,000-including the design contract,
Capital Asset Management staff time, and contingency costs.
PREVIOUS COUNCIL ACTION: No previous action has been authorized except the contract
with Walker Pazking Consultants for the Rio Grande Pazking Plaza Condition Review Report in
1998. An updated report was obtained by Walker Parking Consultants in 2005 and again in
2007. The budget established for design and construction of this project in 2009 is $2,000,000.
BACKGROUND:
The City of Aspen Civic Master Plan recommended the repair and replacement of the roof of the
Rio Grande Parking Plaza in order to avoid further damage to the structure and costs to the city
caused by the significant amount of water leaking through the roof and into the pazking facility.
In April of 1998 Walker Pazking Consultants were retained to review and report on the condition
of the gazage. The goal was to protect the investment and to maximize the useful life of the
pazking structure in a cost effective and efficient manner. Short and long term repair
recommendations were made both for the plaza and the parking structure. The Walker Parking
Consultants report, titled Condition Review, noted drainage issues both on the plaza level and
into the structure.
The 2005 Walker Pazking Consultants report titled Plaza Level Walk-Through Assessment
recommended complete removal of the existing plaza wear surface, sod, concrete and sidewalk
pavers associated with the plaza to the limits of the foundation wall of the facility. The
recommendations further included the installation of a new waterproofing system and concrete
wear surface on top of the garage roof and a new plaza design surface. A good, protective
waterproofing system was strongly recommended in order to extend the service life of the
Page 1 of 2
facility. In 2007, Walker Parking Consultants completed a supplemental report that reiterated the
necessity for a protective waterproofing system and included an "Opinion of Probable Repair
Costs" of $1,920,000.
Afrer completion of the competitive bid process in September 2008, we received three proposals
from qualified firms for the necessary drainage and waterproofing design work. Carl Walker,
Incorporated was selected as the preferred consultant after extensive evaluations and interviews.
DISCUSSION: The repair of the roof protective system is vital to maximize the life of the
garage and to avoid further damage and deterioration of concrete and electrical systems. The
design work outlined in the scope of work of the attached contract is necessary to establish the
contract documents, finalize the design, and detail the necessary repair work. Once the design
work for the renovations is complete, staff will evaluate project budget and timing issues in order
to determine the most appropriate time to solicit bids for the renovation work--either later in
2009 or in 2010.
FINANCIALBUDGET IMPACTS: The estimated cost of the design project is $145,000
which includes Cazl Walker's contract of $85,500, Capital Asset Management staff time,
contingency costs, and anticipated coordination with the Pitkin County Library. Future budget
impacts may include the cost of construction for the renovation of the gazage roof, plaza
redesign, garage repairs, improvements to Galena Street, and the Library alley. $2,000,000 has
been approved in the 2009 Asset Management Plan for this project.
ENVIRONMENTAL IMPACTS: There are no adverse environmental impacts during the
design phase of this project. The design will incorporate innovative approaches to stormwater
management and the overall project is intended to prolong the life of this valuable facility.
RECOMMENDED ACTION: Staff recommends City Council approval of the contract with
Carl Walker, Inc. for a sum not to exceed $85,500.
ALTERNATIVES: Council may direct staff to postpone the execution of this contract or
consider re-advertising for new proposals.
PROPOSED MOTION: I move to approve Resolution # 5 contracting with Carl Walker,
Inc. for the design of the roof restoration of the City's municipal pazking gazage.
CITY MANAGER COMMENTS:
ATTACHMENTS: Professional Services Contract
Page 2 of 2
RESOLUTION # S
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND CARL WALKER INCORPORATED SETTING
FORTH THE TERMS AND CONDITIONS REGARDING DESIGN SERVICES
FOR THE CITY OF ASPEN GARAGE ROOF RESTORATION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Carl Walker Incorporated, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Carl Walker Incorporated regarding
design services for the city of aspen garage roof restoration a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held January 26, 2009.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and CARL WALKER, INC. ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than MAY 12, 2009. Upon request of the City, Professional shall submit, for the
City's approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by
Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as
otherwise mutually agreed to by the parties the payments made to Professional shall not initially
exceed $85,500 . Professional shall submit, in timely fashion, invoices for work performed. The
City shall review such invoices and, if they aze considered incorrect or untimely, the City shall
review the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi¢nability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be
liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefore, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
PS1-971.doc Page l
termination. Upon any termination, all finished or unfmished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepazed by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Aeainst Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the awazd or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work aze under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error,
mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any
officer, employee, representative, or agent of the Professional or of any subcontractor of the
Professional, or which arises out of any workmen's compensation claim of any employee of the
Professional or of any employee of any subcontractor of the Professional. The Professional agrees
to investigate, handle, respond to, and to provide defense for and defend against, any such liability,
claims or demands at the sole expense of the Professional. If it is determined by the final judgment
of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part
PS]-971.doc Page 2
by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse
the Professional for the portion of the judgment attributable to such act, omission, or other fault of
the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this pazagraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
PS1-971.doc Page 3
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance tamed by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and aze available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
PS1-971.doc Page 4
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or
written representations, agreements, wazranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
City Manager ~~ r~ ~ M,~Co ~ v. e l 1 ~ R~ .
City of Aspen Cazl Walker, c.
130 South Galena Street 2460 West 26~' Avenue, Suite 500-C
Aspen, Colorado 81611 Denver, Colorado 80211
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
teen, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbeazance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. Illeeal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
PS1-971.doc Page 5
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
aze incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
aze merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who aze
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
PS1-971.doc Page 6
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
anew employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
PS1-971.doc Page 7
(ix) If Professional operates as a sole proprietor, Professional hereby sweazs or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument folly executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there aze no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
ATTESTED BY: CITY OF ASPEN, COLORADO:
By:
Title:
WITNESSED BY:
Date:
By:
Title: / ~ C9- ~Y` PSi d ~Q~' 1'
Date:
PSI-971.doc Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
Scope of Work includes items identified in the City of Aspen's Request for Proposals, Redesign
and Restoration of the City of Aspen Rio Grande Parking Garage Plaza and Structure Deck,
Article 1, Engineers's Services and Responsibilities, pazagraphs 1.1 through 1.2.9, and
Addendum No. 1, September 2, 2008.
Phase 1 - Plannina/Desi¢n Development
During this phase the plaza layout will be proposed and refined and construction phasing, sequencing,
and other City requirements will be considered relative to their effect on the design. Specifically, the
following tasks will be performed:
A. Plan and Chair aKick-off meeting with the design team and the City to establish
communication channels for the project and review the City's goals for the project.
B. Complete a site evaluation to review all items included in the proposed scope in order to
verify our concurrence with the recommendations provided by previous consultants.
C. Review existing drawings, specifications, evaluation reports, submittals, and other pertinent
information, as available.
D. Review City requirements that will affect construction such as noise restrictions, dust and
fume control, etc. It will be important that these items are reviewed prior to Construction
Document preparation and are incorporated into the Specification to minimize inconvenience
to the users of the facility and adjacent buildings.
E. Develop construction sequencing requirements so that the impact on the adjacent buildings is
minimized throughout the duration of the project.
F. Prepaze preliminary design plans and details and submit to the City for review. Preliminary
plans will provide sections, elevations, and details as necessary to show the preliminary
design intent.
G. Based on City input refine the plaza plan and perform preliminary planting layout.
H. Review different methods for construction phasing with the specific goals being to minimize
construction cost and construction schedule and maximize the use of the facility during
construction.
I. Prepare an itemized opinion of probable construction cost based on the preliminary design
and factors prevailing or predictable for the proposed bidding period.
J. Prepare a detailed project schedule of remaining design, contractor bidding, and construction.
PS1-971.doc Page 10
K. Attend a meeting with the City to review the proposed plaza layout and other aspects of the
design development documents in order to agree upon a scope of work and budget entering
into the construction document phase.
Phase 2 -Construction Document Preparation Phase
During this phase, we will finalize the construction documents, including drawings and specifications,
for use in competitive bidding, permitting, and construction. The Construction Documents will be based
on the agreed project scope, phasing, and budget objectives. Specifically, we will provide the following
services:
A. Specific project phasing requirements and construction controls will be incorporated into the
construction package
B. Finalize drawings including all plans, sections, and details necessary for bidding,
construction, and permitting. These drawings will include all aspects of the project including
restoration, landscape, architectural, civil, mechanical, and electrical.
C. Finalize specifications required to complete the work. These specifications will include the
front end specifications (i.e., Bid Forms, General Conditions, General Requirements, etc.) and
technical (product) specifications necessary for bidding and construction.
o Our unique Carl Walker specifications have been developed in-house and updated
over time based on our experience to maximize performance of products for each
specific repair condition. Our specifications include the best performing materials,
proven applications procedures, and warranty and testing requirements.
D. Prepare and submit final statement of probable construction cost based on final construction
documents.
E. Prepare Fnal construction schedule based on final contract documents.
Phase 3 - Biddine
During this phase we will assist in the bidding process and evaluation of Contractor bids. Specifically
we will perform the following services:
A. Assist the City in notifying qualified Contractors.
B. Be available to respond to Contractors' questions, and if necessary, issue project addenda.
C. Attend and chair a prebid conference on site. Meeting minutes will be prepared and
distributed.
D. Tabulate and review Contractor bids.
E. Provide our comments and recommendations for the award of the contract.
PS1-971.doc Page 11
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
CARL WALKER INC. HOURLY BILLING RATES
QA/QC Technical Advisor $207.00/ hour
Principal-in-Charge $180.00/ hour
Plaza Restoration Specialist $162.00/ hour
Restoration Specialist $162.00/ hour
Restoration Specialist $141.00/ hour
Project Manager $114.00/ hour
Senior Clerical $ 80.00/ hour
CAD Designer $ 63.00/ hour
Clerical $ 55.00/ hour
STUDIO INSITE HOURLY BILLING RATES
Principal $165.00/ hour
Senior Project Leader $115.00/hour
Sr. Landscape Architect/ Planner $100.00/ hour
Project Leader $90.00/hour
Designer /Planner $75.00/ hour
Landscape Architect $65.00/ hour
Administration/ Clerical $60.00/ hour
Intern $45.00/ hour
PS1-971.doc Page 12
V'l b
MEMORANDUM
TO: Mayor and City Council
FROM: John Laatsch, Asset Project Manager
THRU: Scott Miller, Capital Asset Director
DATE OF MEMO: January 20, 2009
MEETING DATE: January 26, 2009
RE: Burlingame Ranch Phases I , II and III: Continuation of
Irrigation Pipe and Extension of Storm Drainage System
REQUEST OF COUNCIL: Asset Staff requests Council approval of Resolution #..
approving the contract for Professional Design Services with Sopris Engineering, LLC in the
amount of $44,500 for irrigation and storm water management system improvements that would
serve both Phase I and Phase II of the Burlingame Ranch project.
BACKGROUND AND PREVIOUS COUNCIL ACTION: In 2004 the City of Aspen issued
an RFQ for Burlingame Ranch Affordable Housing development teams. A competition was held
among the finalists, and Shaw Builders LLC was selected based on a number of factors,
including design, cost considerations, and schedule. A developer model contract was executed in
2005 and a Notice to Proceed was signed by the City in June with a completion date of
November 2006, extended later to June 2007.
The contracts for design and construction for Phase I address the outflow of the irrigation ditch
water that is available to the project landscape irrigation system by overland surface discharge
within the azea refereed to as LOT C and Basin 1. With the City's purchase of the land known as
LOT C for a park, this overland surface discharge is no longer available for the irrigation
discharge, nor is any surface discharge able to flow over Double Bar X property, thereby
requiring a pipe conveyance of the irrigation ditch flow through the Burlingame Ranch Common
property to a discharge location consistent with natural overland flow.
A supplemental irrigation supply system that will be available to the project is the Water Reuse
Line that, when complete, will deliver treated water from the Aspen Sanitation District to the
City Golf Course. While Phase I of the Burlingame project incorporated the placement of the
Water Reuse Line through the property, it did not provide for a connection from the line to the
Burlingame landscape irrigation pumping chamber. The Water Reuse Line was envisioned as the
Page I of 3
irrigation water source of choice to supplement the irrigation ditch water rather than the city
potable supply.
The third component of this work will be to continue the storm drainage system that collects
stormwater runoff from Harmony Road, from the future Phase II & III areas of the project, and
from the associated Deer Hill area of the watershed for conveyance to an agreed-upon location on
the Double Bar X property.
DISCUSSION: There are two alternative approaches that maybe considered for this project.
Option One: The design scope of the contract could be limited to the design of the irrigation
ditch to pass through the Burlingame Ranch common space from the project irrigation tank to a
dischazge point on the east side of the property. This irrigation work will meet the needs for a
sufficient volume of affordable water to irrigate the project's landscape requirements to serve all
three Phases of the Burlingame project. Option Two (recommended): The design scope of the
contract could include the work described in Option One, as well as the Reuse Water line tap and
extension of the stormwater drainage system, which would also serve all three Phases of the
Burlingame project. The comprehensive design approach described in Option Two allows for
integration of these systems into one constmction effort or for completion of only the irrigation
pass through line at this time. The comprehensive design approach further permits the
opportunity to take advantage of attractive construction bid pricing that may provide a savings to
the City.
The inclusion of the three elements into one project design will likely reduce the construction
cost of doing them individually and will complete the objective of providing sufficient and
affordable inrigation water and storm drainage for all three phases of the Burlingame Ranch
project. Until the irrigation ditch continuation is provided, the ditch water is not available to the
project. The only supply of water currently available for the landscape irrigation of Phase I is
potable water. The expense of this water is higher than reuse or irrigation water and may not be
sufficient to meet the long-term needs of the project.
The timing of this proposed work will facilitate integration of the Lot C Pazk Design, access to
the imgation ditch for the pazk's needs, connection to water reuse line, and completion of the
storm water management runoff pipe system in a way that will take advantage of an opportunity
for a creative integral water management design to serve both the Park and Burlingame Ranch.
Proceeding with this project now allows the City to take advantage of the purchase and design of
Lot C, the good working relationship with the owners of the Double Bar X property, and the
inclusion of the Water Reuse Line to make a more integrated and cost-effective design now
possible.
Asset staff obtained preliminary designs from the ShawPossDHM team for this design project
but after careful consideration and because of the timing of the completion of Phase I, we
decided to contract separately for both the final design and construction of this irrigation and
storm water management project. We now would like to proceed with the design work, obtain
cost estimates and bid documents and construct these improvements early in 2009.
Page 2 of 3
FINANCIAL/BUDGET IMPACTS: The cost for Option One of this project will be
approximately $100,000-$150,000 including a design fee of $15,000-$20,000. The cost for
Option Two would be $300,000-$500,000 including a design fee of $44,500. Funding for this
project would come from the Housing Development Fund. If Council approves this project and
the attached contract, a supplemental budget request would be included in the next supplemental
appropriation ordinance.
ENVIRONMENTAL IMPACTS: Incomplete or inadequate storm water systems can
negatively impact streams and rivers. The design work will include the necessary environmental
protection during construction of the facilities.
RECOMMENDED ACTION: Staff recommends that City Council approve this contract with
Sopris Engineering LLC for the sum of $44,500 to provide comprehensive system design (Option
Two) that includes irrigation ditch pass through, Reuse Water line tap and the extension of the
storm water drainage system to serve Burlingame Phases I, II and III.
ALTERNATIVES: Council may opt for Option One at this time or Council may direct staff to
continue to work through issues with Shaw Builders before proceeding with alternate contractors.
This may have the benefit of avoiding dispute costs, but could extend project completion dates
and may result in increased costs due to delays in design and construction.
PROPOSED MOTION: I move to approve Resolution #
CITY MANAGER COMMENTS:
ATTACHMENTS: Professional Services Contract
Page 3 of 3
RESOLUTION #~
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND SOPRIS ENGINEERING SETTING FORTH THE
TERMS AND CONDITIONS REGARDING BURLINGAME RANCH
IRRIGATION DITCH AND STORMWATER MANAGEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Sopris Engineering, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Sopris Engineering regarding
Burlingame Ranch irrigation ditch and stonnwater management a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held January 26, 2009.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and SOPRIS ENGINEERING, LLC ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and caze and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than February 6, 2009. Upon request of the City, Professional shall submit, for
the City's approval, a schedule for the performance of Professional's services which shall be
adjusted as required as the project proceeds, and which shall include allowances for periods of time
required by the City's project engineer for review and approval of submissions and for approvals of
authorities having jurisdiction over the project. This schedule, when approved by the City, shall not,
except for reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by
Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as
otherwise mutually agreed to by the parties the payments made to Professional shall not initially
exceed $44,500.00. Professional shall submit, in timely fashion, invoices for work performed. The
City shall review such invoices and, if they aze considered incorrect or untimely, the City shall
review the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be
liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may temunate this Agreement, without
specifying the reason therefor, by giving notice, in writing addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
PS1-97Ldoc Page 1
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work aze under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, aze available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
PS 1-971.doc Page 2
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance-with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision:
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,OOQ00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
PS1-971.doc Page 3
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carved by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seg., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
PS 1-971.doc Page 4
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Sopris Engineering, LLC
502Main Street Suite A3
Carbondale, Colorado 81623
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbeazance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbeazance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
PSl-97Ldoc Page 5
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who aze
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
PS1-971.doc Page 6
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
PSt-971.doc Page 7
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seg., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
ATTESTED BY: CITY OF ASPEN, COLORADO:
By:
Title:
Date:
PROFESSIONAL:
WITNESSED BY: ~~/J F.,R(•~,.ni`!~ LC r
~_.
By: i~~•~4~
Title: ~l~~ ~,~ /
Date: /a/~ /ve
~~
PS1-971.doc Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(To be completed prior to execution of Agreement)
PS1-971.doc Page !0
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed prior to execution of Agreement)
PS1-971.doc Page ]1
EXHIBIT "A" to Professional Services Agreement
Scope of Work
SE will provide professional engineering services as presented below. SE will primarily focus on
performing engineering studies and preliminary designs within site limits, and finalize them as detailed
construction drawings suitable for bidding. These designs will include drawings and specifications in order
to implement all of the proposed improvements.
Site Grading: Utilizing the pazcel C and the project azea, this work will include prepazation of grading
plans and details, and design of site specific BMPs both for construction phase and post construction
performance of the site. The performance measures will be in compliance with the City of Aspen's adopted
municipal BMPs prior to the SE's signature date on this agreement. SE will identify overall site earthwork
quantities upon completion of the final designs for those areas subject to disturbance and alteration. We
will evaluate geotechnical and/or soil investigation reports the owners may provide; and we will
incorporate the recommendation as appropriate for the final design of the improvements.
Site Drainage: SE will perform a review and evaluation of the previous drainage studies and designs
provided by others, take into consideration the offsite impacts, perform drainage basin analysis, and
identify runoff from tributaries impacting the project site. These tributaries aze limited to runoff from the
Harmony Drive Storm Sewer System, runoff from the southern section of the future Phase-II Project, and
runoff generated on the project site south of the Forge Road. SE will further analyze project site impacts on
the adjacent and the downstream properties, and existing conveyance routes up to the outfall point at about
the east property line. Using this information, we will prepare a final design for stormwater collection
routes and conveyance corridors, and for the facilities for on-site stormwater management practices
including sediment control and TSS removal. We will provide critical cross sections of the future drainage
collection and conveyance system, as well as quantities of all open and closed (piped) stormwater
conveyance runs.
Irrigation Water Supply: As required by the City, SE will complete the design of the raw water
irrigation delivery line from the reclaimed water main, the configuration of an existing irrigation ditch, a
proposed water feature pond and overflow/bypass line; and SE will provide details as necessary to
construct this new system. This work will be coordinated with our landscaping consultant and the City's
Pazks Department to incorporate all desired landscaping features.
Landscaue Architecture
Our Landscape Architect's work will include coordination and interface tasks with the City Pazks
Department staff in order to produce final designs with concurrence from the Parks Department. The final
designs will be incorporated in our set of plans and details.
Project Start-Up: This task will include astart-up meeting with the City, reviewing drawings and
improvements completed todate, and outlining the landscaping work under this proposal.
Initial Planning: This will include coordination with Parks Department and SE's project team to
complete an overall plan that will address routing of stormwater from the Phase-I Burlingame
development, alignment of the ditch, and the interface between the two projects from an aesthetic and
functional basis. It is anticipated that the Parks Department will take the lead on the design of Lot C
including the water feature proposed for that parcel; and SE will lead the civil engineering work for the
coordination between the two projects. The landscape architect will look at improvements to the landscape
plantings and retaining that will be required as a result of the work under this contract.
Construction Documents: The landscape architect will prepare construction level documents for the
landscape improvements in this area. Changes to the irrigation system or design of that system are not
included in this estimate. The work will consist of a landscape plan with associated details
EXHIBIT "B" to Professional Services Agreement
Sopris Engineering, LLC
Rate Schedule
Calendar Year: 2008
Total project charges are based on hourly rates, plus direct job expenses as follows:
Personnel Charges
Principal Engineer, Principal Surveyor
Project Manager
Project Engineer (P.E.), Survey Manager (L.S.)
Design and/or Field Engineer, Survey Supervisor
Technician, Field Observer, Party Chief
Technical Typist, Clerical
Three-man Survey Crew
Two-man Survey Crew
Robotic Survey Crew
GPS Survey Crew
Courtroom Expert Testimony
Court and Deposition Preparation
Deposition
Computer Charges
Computer Plots
Miscellaneous Charges
Photocopies
Blackline/Blueline prints
Mylar Sepias
Vehicle Mileage
Overnight Delivery (in state)
Overnight Delivery (out of state)
Outside Consultants or sub-Contractors
Other Direct Project Expenses
Travel Expenses:
Airfare, lodging, meals, car rental, telephone, parking fees, etc.
$170.00/hr.
$120.00/hr.
$105.00/hr.
$90.00/hr.
$80.00/hr.
$50.00/hr.
$160.00/hr.
$140.00/hr.
$140.00/hr.
$180.00/hr.
$250.00/hr.
$170.00/hr
$200.00/hr
$20.00/ea.
$0.15/ea.
$1.50/ea.
$20.00/ea.
$0.50/mi.
$25.00/ea.
$40.00/ea
Billed at Our Cost plus 10%
Billed at Our Cost
vim
ALPERSTEIN & COVELL, r.c.
A T T O R V E Y 5 A T L A W
DONALD W. ALPERSTEIN
CYNTHIA F. COVELL
VEIL E. AYERVAIS
ANDREA L. 6ENSON
GILBERT Y. MARCHAND, JR.
Of Counsel
TO:
CC:
FROM:
RE:
DATE:
Background
Aspen City Council
1600 BROADWAY, SUITE 2350
UEN V ER, COLORADO 80202-4921
MEMORANDUM
Steve Barwick, City Manager
Tohn Worcester, City Attorney
Cynthia F. Covell, water counsel
Phil Overeynder, Utilities Director
dwaLalperstei ncovel Lcom
cl'c~a alpersteincovell.com
nea(a~ alperstei ncovel Lcom
alb(2alperstcincavell.com
TELEPHONE (303) A94-AI91
FAX (303) 8fi1-0420
Si Johnson Ditch: Agreements with Three Trees LLC and M.S. 4610 LLC
January 21, 2009
Three Trees LLC owns property located at 1 Toby Lane, outside the City limits. In
September, 2008, the City approved an amendment to an existing extratemtorial water service
agreement for provision of City water to this property. That water service agreement provided
for service for 6.0 ECUs, contingent upon completion of several other agreements with Three
Trees LLC and others for (1) easements, including a vehicular access easement (the "Approach
Road") to allow motorized equipment to access the Si Johnson Ditch for major repair projects;
(2) construction of a road platforni on the vehicular access easement; and (3) repairs, at Three
Trees' cost, to the piped portion of the Si Johnson Ditch. These negotiations were ongoing at the
time the Amendment to Water Service Agreement was conditionally approved. The related
contracts have now been completed, and are provided for City Council approval.
Master Agreement.
The Master Agreement outlines the overall plan of the parties to provide for conveyance
of easements, conshTrction of the Approach Road, and the pipeline repair project. The Master
Agreement also provides for execution of the Amended Water Service Agreement (which has
been done) azid conveyance of an interest in the Si Johnson Ditch from Westchester Investments,
Inc. to Tlu~ee Trees LLC, and formation of a ditch company.
2. Si Johnson Ditch Access Easement Agreement. This easement agreement provides the
City with easement sights across the Three Trees property and the M.S. 4610 properties. Two
alternative routes are conveyed for use of motorized vehicles and equipment on the Approach
Road for purposes of major ditch repairs. In addition, a portion of the easement on the M.S.
4610 property is the historic ditch access road which the City has claimed as an easement. The
Easement Agreement confirms the ditch access road historic easement, and its use for both
vehicular access for major repairs and foot access for routine operations. The easements will be
surveyed.
The City's 2008 settlement with the Quashas provides for a foot access route across the
Quasha property for routine operations and maintenance of the Si Johnson Ditch, but limits
vehicles to the staging area at the southern end of the property. The vehiculaz access provided
across the Three Trees and M.S. 4610 properties will provide the needed vehiculaz access for
major repairs.
3. Aereement to Create Ditch Comnanv. The articles of incorporation and bylaws for the
proposed Si Johnson Ditch Company are attached. This company will operate, maintain and
repair the ditch infrastructure, and deliver the parties' water rights. Each owner of an interest in
the Si Johnson Ditch will continue to own its interest in both the water rights and the ditch
infrastructure. The City, which owns 75% of the Si Johnson Ditch water rights, will also hold
75`% of the stock of the ditch company. In the past, the City has maintained the ditch and
delivered the water, and has not been reimbursed by the other water right owners. After
formation of the ditch company, the City will, by contract with the ditch company, operate and
maintain the ditch, and to deliver water, and the stockholders will be assessed their pro-rata shaze
of these costs. Other stockholders will be Westchester Investments, Inc. and Three Trees LLC.
The Forest Service, which owns a small interest in the ditch, has advised that it will likely not be
a stockholder.
4. Aereement to Transfer Ditch Shares and Water Ri¢hts. Westchester Investments, Inc. has
agreed to transfer a portion of its Si Johnson Ditch water rights to Three Trees LLC, and Three
Trees will become a shareholder of the ditch company. The City is not transferring any of its
water rights in this transaction.
5. Construction Aereement. The Constmction Agreement provides for constmction of the
Approach Road and for the pipeline repair project. Both projects have evolved since last fall.
This agreement provides for Three Trees to pay the sum of $134,000 to the ditch company for the
pipeline repair project. This is the amount bid for the pipeline repair project, and the bids are
good through 2010.
Three Trees will also use best efforts to construct the Approach Road by October 15,
2009. Tlu-ee Trees has escape hatches for acts of nature, if the project will cost more than
$200,000, or if permitting delays or litigation prevent completion by October 15, 2009. If Three
Trees is unable to complete construction by October 15, 2009, it will deposit $200,000 into an
escrow account. Three Trees will then have one more year -until October 15, 2010, to construct
the road itself.
If Three Trees does not complete the Approach Road by October 15, 2010, the $200,000
will be released to the ditch company. The ditch company may, for example, seek a temporary
construction easement from another property owner. Whether or not the Approach Road is
constructed by Three Trees, the City will have the easements so that it could be constructed in the
future if the City and ditch company wish to do so.
6. Amended Water Service Aureement. This has already been executed. A copy is
attached.
Recommendation. The Water Department and the City's consultant, Chazles Peterson, have
reviewed the easements azid the construction and repair projects. They believe that these
agreements and the proposed construction projects will provide meaningful benefit to the City.
Even if Tlu-ee Trees fails to construct the Approach Road, the City will have a dedicated
easement, and, via the ditch company, funds with which to purchase alternatives access if
necessary. Without these agreements, the City (and the other owners of the Si Johnson Ditch)
would be required to fund the entire cost of the pipeline repair project, and to purchase or
condemn vehicular access rights as needed. Once the pipeline repair and stabilization project is
done, it is anticipated that the pipeline will not need major repairs for many years, absent a
catastrophic event.
Staff recommends approval of the above-described agreements.
RESOLUTION NO. tU
Series of 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AGREEMENTS BETWEEN AND AMONG THE CITY, THREE TREES LLC,
M. S. 4610 LLC AND WESTCHESTER INVESTMENTS, INC. FOR EASEMENTS AND
CONSTRUCTION AND REPAIR PROJECTS FOR THE SI JOHNSON DITCH.
WHEREAS, on September 22, 2008, the City Council approved Ordinance No. 29, Series
of 2008, on second reading, thereby approving an Amendment to Water Service Agreement,
authorizing provision of additional City water service to property owned by Three Trees LLC
located at 1 Toby Lane, in Pitkin County; and
WHEREAS, said Amendment to Water Service Agreement was contingent upon execution
and performance of a number of other agreements whereby Three Trees LLC and M. S. 4610 LLC
would provide certain easements and perform or pay for certain road construction and irrigation
system repairs to the Si Johnson Ditch; and
WHEREAS, the agreements providing for the easements, road construction and irrigation
system repairs have been negotiated and provided to City Council for review; and
WHEREAS, City staff has recommended approval of the agreements, which are identified
as the Master Agreement, the Articles of Incorporation and Bylaws of the Si Johnson Ditch
Company, the Si Johnson Ditch: Access Easement Agreement; and the Si Johnson Ditch Approach
Road Construction and Pipeline Repair Agreement; and
WHEREAS, City Council has had the opportunity to obtain such advice and information
as it deems appropriate and necessary regarding these agreements,
BE IT RESOLVED, by the City Council of the City of Aspen, that the Master Agreement,
the Articles of Incorporation and Bylaws of the Si Johnson Ditch Company, the Si Johnson Ditch:
Access Easement Agreement; the Si Johnson Ditch Approach Road Construction and Pipeline
Repair Agreement (collectively, "Agreements") are hereby approved. All City officials and
employees are hereby directed to take such actions as are necessary and appropriate to fulfill the
obligations of the City pursuant to the Agreements. The Mayor, City Manager, City Clerk and
the Water Director are hereby authorized and directed to execute the Agreements, and any related
documents necessary or desirable to effectuate the transactions provided for in the Agreements,
as contemplated by this Resolution, provided, that neither the Agreements nor any other
documents are authorized for execution until the City Attorney and any other attorney retained
by the City for this transaction aze satisfied that legal concerns of the City have been properly
addressed.
Dated:
APPROVED by the City Council of the City of Aspen on the day of ,
2009.
Mayor
Attest:
City Clerk
F:\Client Files\Aspen\Three Trees WSA\resolution re agreements 2009.wpd
vii
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, City Clerk
DATE: January 21, 2009
RE: Board Appointments
I have attached applications for:
Child Care Advisory Committee -Sue Way and Kristen Tullar
Open Space and Trails -Sarah Shaw
Historic Preservation Committee -Mike Hoffman (reappointment)
Board of Adjustment -Frederick Head and Charles Patterson
The application deadline for these was October and December. Please
advise whether you would like to interview any or all of the above
candidates; readvertise for any of the Boards; appoint on consent calendar.
By adopting the consent calendar, Council is making the following
appointments:
Child Care Advisory Committee -Sue Way and Kristen Tullar
Open Space and Trails -Sarah Shaw
Historic Preservation Committee -Mike Hoffman (reappointment)
Board of Adjustment -Frederick Head and Charles Patterson
CITY OF ASPEN
APPOINTMENT APPLICATION
!rt/
STREET ADDRESS)
MAILING ADDRESS-
HOME PHONE ,~5. ,
CELL PHONE 2~~f_
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
+*• Planning 8 Zoning Commission
+ Board of Adjustment
Board of Examiners 8 Appeal
+~ Historic Preservation Commission
Wheeler Board of Directors
Commercial Core 8 Lodging
+ Roaring Fork Trensit Agency
+ Housing Authority
+ Liquor License Authority
Child Care Advisory Committee
+ Open Space Advisory Board ,~_
Citizen Budget Task Force
** HISTORIC PRESERVATION COMMISSION OR P 8 Z APPLICANTS, PLEASE ATTACH A
BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON:
1.) Aspen Area Community Plan - on which aspects you may agree or disagree
2.) Growth in Aspen and the Aspen Area
3.) Affordable Housing
+ CITY RESIDENCY REQUIREMENT IS 1 YEAR
IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT ~~«~ ~~ ~~
EMPLOYMENT PREVIOUS TWO YEARS: ~~~ S2~A~LfI ~~idfrtanc ~1Gltil~tl~'
STREET ADDRESS PREVIOUS TWO YEARS: ~ltite GfS Q~gYei
INVESTMENTS AND/OR LANDHOLDINGS IN PITKIN COUNTY: X220 /LfOGGLfFd/11 (/1BGI/ bYi t~
i daalre the aooointment for the following reasons: ~ IyQS ~ ~~~ ~/ ~~`~~
• CL6tGt'
j cc S~ ~ rpr,~ S paw a.~d fur/r on a dozy hd~l s !
APPLICATION FOR APPOINTMENT
CI,T)Y OF ASPEN BOARD OR COMMISSIONS
NAME ~:.~ ~ C ~I V G ~p
ET ADDRESS O~S~ ~~~ '-'`~'1 ' ~~l`~
STRE
MAILING ADDRESS C ~~ ~ ~ ~ A ~'~ 1 C ~
HOME PHONE /FAX ~(Q3 "a~ ~ WORK PHONE /FAX ~ a 3~ OS ~ Z
~~lx~ qa3 -Oya~
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
Child Care Advisory Committee -Kids First Advisory Board
EMPLOYMENT PREVIOUS TWO YEARS: -~~ S ~(C6 ~a /L1
STREET ADDRESS PREVIOUS TWO YEARS: N
INVESTMENTS AND/OR LAND HOLDINGS IN PITKIN COUNTY: N Q
I DESIRE THE APPOINTMENT FOR THE FOLLOWING REASONS:
~ ~~,o~ in-~ c rn~ ~ ~u~cQ ua,Q/ Gh,~~~e.,
t~~~ ~ icv~. C a-~~ ~ S oc~ ~~
~ -~ cc. c~ ~ cQ
SIGNATURE: ~(,(.Q W DATE: ~ 6 ~ Q~
Please return to City of Aspen -Kids First Phone: 920-5363, Fax: 920-5407
215 North Garmisch, Suite 1, Aspen, CO 81611
CITY OF ASPEN
APPOINTMENT APPLICATION
STREET ADDRESS '1 va. - "" "
MAILING ADDRESS 8 n a S a Gd
HOME PHONE 0- WORK PHO~E
CELL PHONE 3 b E-MAIL ~ ~~Gnm[:a ~ . nF~
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
+"* Planning 8 Zoning Commission
+ Board of Adjustment
Board of Examiners 8 Appeal
+** Historic Preservation Commission
Wheeler Board of Directors
Commercial Core ~ Lodging
+ Roaring Fork Transit Agency
+ Housing Auihoriiy
+ Liquor License Authority
Child Care Advisory Committee
+ Open Space Advisory Board
** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A
BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON:
1.) Aspen Area Community Plan - on which aspects you may agree or disagree
2,j ~aroyufh in Aspen end t}ta At*~!! Arga
3.) Affordable Housing
+ CITY RESIDENCY REQUIREMENT IS 1 YEAR
t~15
IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT
INVESTMENTS AND/OR LANpHOLRINGS, IN PI'~KIN COUNTY: l~I~ hl~sbcv~i~ ana
CITY OF ASPEN
APPOINTMENT APPLICATION
NAME ~sl~~
STREET ADDRESS ~ ~ ~_ ~~
MAILING ADDRE S ~ `~ ~
HOME PHONE ~ - 6 WORK PHONE _ yY z--
CELL PHONE 3 (9 - ? 9 3 J E-MAIL ~ ~.o ~g~ ~ qa~ a e` ' c'at~
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
+** Planning & Zoning Commission
+ Board of Adjustment
Board of Examiners & Appeal
+** Historic Preservation Commission L~
Wheeler Board of Directors
Commercial Core & Lodging
+ Roaring Fork Transit Agency
+ Housing Authority
+ Liquor License Authority
Child Care Advisory Committee
+ Open Space Advisory Board
** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A
BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON:
7.) Aspen Area Community Plan - on which aspects you may agree or disagree
2.) Growth in Aspen and the Aspen Area
3.) Affordable Housing.
+ CITY RESIDENCY REQUIREMENT IS 1 YEAR
IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT,
EMPLOYMENT PREVIOUS TWO
o..., nJ~Ln~ c.S ~
(~'~ J I C1 7
l ~
STREET ADDRESS PREVIOUS TWO YEARS: S~~e °~S 4 ovp
INVESTMENTS AND/OR LANDHOLDINGS
I desire the
for the
,~ s
PITKIN COUN~Y:_
JI171`~M~ v//~~~. - B piaP ao
/ l [!(cam 'f'7 Cs~..'~tn/~ G~nLG~~e ~jt~ Ca n ~L~~
W d/la ^~ 1 .J
CITY OF ASPEN
APPOINTMENT APPLICATION
STREET ADDRESS
MAILING ADDRESS ~ ~ ~ C O _,9
HOME PHONE cl~ S ' 7_?~ WORK PHONE
CELL PHONE 27-1 ' ?,(o L~ E-MAIL ~1~
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
+** Planning & Zoning Commission
+ Board of Adjustment ~.-
Board of Examiners 8~ Appeal
+** Historic Preservation Commission
Wheeler Board of Directors
Commercial Core & Lodging
+ Roaring Fork Transit Agency
+ Housing Authority
+ Liquor License Authority
Child Care Advisory Committee
+ Open Space Advisory Board
** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A
BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON:
1.) Aspen Area Community Plan - on which aspects you may agree or disagree
2.) Growth in Aspen and the Aspen Area
3.) Affordable Housing
+ CITY RESIDENCY REQUIREMENT IS 1 YEAR
IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT {2~ ~ t E
EMPLOYMENT PREVIOUS TWO YEARS: C- (~ Q L -
STREET ADDRESS PREVIOUS TWO
~.
INVESTMENTS ANDIOR LANDHOLDINGS IN PITKIN COUNTY: mCt~l~ {kf~liLc ~
I desire the appointment for the following
RI('NATURE• ~~I ~-l ~ DA'
CITY OF ASPEN
~Q / _ APPOINTMENT APPLICATION
NAME Cam'.-uhGe~ ~~~~0~ - - - -~ ii.i
STREET ADDRESS 11 o~/ / y e- S r~ ~ w ~ ~~
MAILING ADDRESS
HOME PHONE ~ ~' = 7-g 7 ~ WORK PHONE ~ Zg ~
CELL PHONE E-MAIL a ate "S Q'~COO °~'+~
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
+** Planning 8 Zoning Commission
+ Board of Adjustment .~-
Board of Examiners & Appeal
+~* Historic Preservation Commission
Wheeler Board of Directors
Commercial Core 8 Lodging
+ Roaring Fork Transit Agency
+ Housing Authority
+ Liquor License Authority
Child Care Advisory Committee
+ Open Space Advisory Board
** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A
BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON:
1.) Aspen Area Community Plan - on which aspects you may agree or disagree
2.) Growth in Aspen and the Aspen Area
3.) Affordable Housing
+ CITY RESIDENCY REQUIREMENT IS 1 YEAR
IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT
EMPLOYMENT PREVIOUS TWO YEARS:_~ o '' ~ "`°'"`~
STREET ADDRESS PREVIOUS TWO
INVESTMENTS ANDIOR LANDHOLDINGS IN PITKIN COUNTY:
~L n.,o f~,..v 'ti q'- 7 00 ~.t.J liCo,o /~u:~ ~~e /~
O
I desire the appointment for the followg
Zo
vna.
>~e~~~
®~~
Memorandum
TO: Mayor and Members of Council
FROM: James R. True
DATE: January 20, 2009
RE: Buckhoru Arms LLC
Attached for your consideration and review is a proposed Ordinance which, if adopted, would
release an obligation on the part of the owner of the Buckhoru Lodge to file a deed restriction
that limits the Floor Area Ratio on the property. This is submitted pursuant to a Petition filed on
November 20, 2008, by representatives of The Buckhoru Arms LLC, tenants of the owner. The
obligation to file a deed restriction dates back to an ordinance passed by the City Council in
1983. That ordinance, Ordinance 27 (Series 1983), rezoned the property from Office to
Commercial Lodge (CL). However, the rezoning was conditioned upon the recording of a deed
restriction that provided an additional limitation on the floor azea ratio. That deed restriction was
never recorded and the ordinance itself was not recorded. The petition of the present tenants on
the property, submitted by Mitch Haas for The Buckhoru Arms LLC, to release the restriction is
attached hereto. Attached to the petition is a copy of Ordinance 27 (Series 1983). These
documents set forth the terms of the deed restriction and the present restrictions contained in the
CL zone.
Planning staff reviewed the case files and record related to the Buckhoru Lodge. Staff was able to
go back to 1964 and track the history of zoning since then. The Zoning Map of 1964 indicates that
the parcel was zoned Commercial C-1. In 1974, the pazcel was re-zoned to Office (O) as part of a
lazger rezoning of town. This created anon-conformity on the Buckhom Lodge parcel because the
building included commercial spaces and nine (9) lodge rooms, and lodge uses were non-
confirming in the Office zone district. The commercial space was conforming.
In 1981/1982, the City began efforts to preserve lodges in town, and created the Lodge Preservation
zone district (at the time this was L-3, it is now known as LP). Many properties in town were
rezoned to this L-3 district, but the Buckhoru Lodge decided not to rezone to the L-3 zone district
because it would have made the commercial uses on the property non-conforming (essentially
switching one non-conformity for another). Instead, in 1983, the owners Simon and Norma Kelly
submitted a request to rezone the property to the Commercial Lodge (CL) zone district.
Ordinance 27, Series of 1983 officially rezoned the property to CL, with a limit on the FAR to 1:1
(the CL district permitted 2:1 at the time), and a requirement to retain parking. The FAR limit was
placed on the pazcel in response to concerns from the Planning and Zoning Commission that a 2:1
FAR would be out of character with the surrounding properties.
In 1995, the owners requested a rezoning to C-1. The land use application from 1995 indicates the
owners intended to keep the commercial uses on the ground floor and convert the nine (9) second
floor lodge uses to office uses. That application was tabled and no official action appears to have
been taken on the application.
The attached ordinance would release the obligation on the part of the owner of the Buckhorn
Lodge property to file a deed restriction that limits the Floor Area Ratio on the property. The
decision to adopt this ordinance is entirely within the discretion of the Council. The petition was
submitted by owners of the building and the tenants of the landowner. Since the present
landowner is the same owner who agreed to the deed restriction in 1983, the petitioner's have not
set forth, and I do not believe they could azgue, any detrimental reliance on the failure to record
the deed restriction. Their issue is with their landlord. Thus, if the Council does not wish to
release the limitation, then the Council could still direct the landlord to record the deed
restriction and seek enforcement of that in Court.
It has been suggested that the Council could simply undo the rezoning that took place in 1983.
Although the Office zone no longer exists, the present iteration of that zone does exists. If the
rezoning is undone, then this property becomes zoned "mixed use". Staff does not believe that a
mixed use zoning is appropriate for this property. However, staff does not express an opinion
one way or another on whether the obligation to record the deed restriction should be released.
This is within the discretion of the Council.
ACTION REQUESTED: A Motion to approve Ordinance No. Z ,Series of 2009
CITY MANAGER'S COMMENTS:
cc: City Manager
Community Development
ORDINANCE N0. Z
(SERIES OF 2009)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL RELEASING
OBLIGATION TO ENTER A DEED RESTRICTION REGARDING FLOOR AREA
RATIO RESTRICTIONS ON THE EASTERLY 9.27 FEET OF LOT Q, ALL OF
LOTS R & S, BLOCK 105 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
WHEREAS, pursuant to Ordinance 27 (Series of 1983), the Aspen City Council
approved the application to rezone the following described property from "O" (Office) to
"CL" (Commercial Lodge):
THE EASTERLY 9.27 FEET OF LOT Q, ALL OF LOTS R & S, BLOCK
105 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
and,
WHEREAS, the owner of the property above-described, as an inducement to the
City Council to grant his rezoning application voluntarily agreed to maintain a 1 to 1
extemal floor area ratio on the site; and,
WHEREAS, as a condition of the approval the owner of the property was to
prepaze and record a deed restriction approved by the City Attorney; and,
WHEREAS, the owner never recorded such deed restriction; and,
WHEREAS, the "O" (Office) zone is now known as Mixed Use; and
WHEREAS, the CL zone district in its present status is an appropriate zone
designation for this property; and,
WHEREAS, the circumstances which led to the requirement of the deed
restriction aze no longer applicable; and,
WHEREAS, the City Council finds that the proposed release of the obligation of
the owner to provide a deed restriction is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
The Aspen City Council hereby releases the obligation of the owner of the property to
prepare and record a deed restriction on the property limiting the external floor area ratio
to 1:1.
Page 1
Section 2•
The number of pazking spaces required by Ordinance 27, Series of 1983, shall remain in
effect. However, no additional restrictions other than those set forth in the zone district shall
be applicable to the property.
Section 3•
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the City Council, aze hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4•
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6. A public hearing on this Ordinance will be held on the 9`h day of February 2009
in the city Council Chambers, 130 South Galena,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of January, 2009.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of ~ 2009.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
Page 2
HAAS LAND PLANNING, LLG
November 20, 2008
Mayor Ireland and the Aspen City Council
c/o Mr. James R. True, Assistant City Attorney
130 South Galena Street
Aspen, CO 81611
Via email to: Jim True(rilci.asnen.co.us
RE: Buckhorn Arms Zoning Restrictions
Deaz Jim, Mayor Ireland and Councilpersons:
I am writing this letter on behalf of The Buckhorn Arms, LLC ("Petitioner"). The
Petitioner owns the Buckhorn Arms building located on the northwest corner of Cooper
Avenue and Original Street in Aspen and has a 99-yeaz ground lease on the land
underlying this building. The Petitioner bought the Buckhorn Arms building and entered
into the ground lease in 2000. The members of Petitioner are Mazk Campisi (the owner of
the local Dominos Pizza franchise) and John Hoffman and Terrence McGuire (the owners
of Johnny McGuire's Deli). They joined together in extendmg themselves and buying the
Buckhorn Arms building to be able to control their destiny as local small business owners.
The Buckhorn Arms partners recently began planning for a redevelopment of the
Buckhorn Arms property into a small 14-unit condominium lodge with new ground floor
spaces for their existing businesses (leaving enough ground floor space for one additional
business). In working on their plan, they were recently advised of along-forgotten,
unrewrded ordinance from 1983 that the City's Historic Preservation Planner discovered.
Ordinance 29, Series of 1983 ("Ordinance 29"), was adopted to rezone the Buckhorn
Arms property from Office (O) zoning to Commercial Lodge (CL) zoning. A copy of
Ordinance 29 is enclosed with this letter.
To the surprise of both City Planning staff and the Buckhorn Arms partners, Ordinance
29, in addition to rezoning the Buckhorn Arms property, contains a special provision
purporting to limit the Floor Area Ratio ("FAR") on the property to a 1:1 ratio.
Ordinance 29 also required that a special notation be placed on the City's official zoning
map and that the owner of the property work with the City Attorney to record a covenant
limiting the FAR. The discovery of these special provisions in Ordinance 29 was shocking
because the Commercial Lodge (CL) zone district currently permits a Floor Area Ratio
(FAR) ratio of up to 2.5:1 and nothing to the contrary has ever been recorded. Not only
was the covenant contemplated by Ordinance 29 never recorded, even Ordinance 29 itself
was not recorded (as is the City's current practice for such ordinances). What's more,
there is nothing on the City's official zoning map to indicate that there are any special
restrictions applicable to the Buckhorn Arms property. Instead, the official zoning map
• 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO 8161 1
• PHONE: (970) 925-7819 FAX: (970) 925-7395
November 20, 2008
Buckhorn ArmsLo~aing Petition
Page 2
merely indicates the property is within the Commercial Lodge (CL) Zone District.
The Petitioner believes that the FAR limitation included in Ordinance 29, to the extent
it might have ever been in effect, is no longer in effect and has been superseded. For this
reason, the Petitioner is petitioning the City Council to take action to recot~ize and/or
declaze that the FAR ]imitation in Ordinance 29 is no lop er in effect. To this end, the
Petitioner requests that the City Council coordinate with City staff to take up this matter
at its next available City Council meeting following whatever public notices aze
determined to be needed.
At the time that the City Council takes up this request, the partners in Petitioner will
be prepared to make a presentation supporting their requested action on Ordinance 29. In
the meantime, they respectfully ask City Council to consider the following key facts:
• Before buying the Buckhorn Arms building and entering into a 99-yeaz ground lease
for the property in 2000, the Buckhorn Arms partners engaged in significant due
diligence. John Hoffman and Terrence McGuire met with the City's planning staff to
confirm the zoning as being Commercial Lodge (CL) with athen-allowed FAR of 2:1.
They also checked the City's official zoning map and noted the property was
designated as being in the Commercial Lodge (CL) zone district. No hint of
Ordinance 29 emerged in these investigations and it is apparent that it was long-
forgotten by all concerned until it recently turned up again.
• The Petitioner is not looking to get any new entitlement. Instead, the Petitioner is just
asking for confirmation of what both the City Council and the City's planning staff
have already believed to be the case for some time. In 2005, the City Council
completely rewrote the Commercial Lodge (CL) zone district regulations (Section
26.710.200 of the Land Use Code) to allow an FAR of 3:1 (since reduced in 2007 to
the current 2.5:1). The stated purpose of this change was "to provide for the
establishment of mixed-use commercial and lodge development by permitting
commercial uses on the ground floor with lodging development above." (Ordinance
9, Series of 2005.) At this time (as is stiIl the case today), there were only three
properties located in the Commercial Lodge (CL) zone district. These were the
Buckhorn Arms property, the North of Nell building, and the Aspen Squaze building.
In rewriting the Commercial Lodge (CL) regulations, the City Council concluded that
an FAR of 3:1 for these properties was "consistent with the goals and elements of the
Aspen Area Community Plan." (Ordinance 9, Series of 2005.) The City staff
supported this conclusion. Neither the staff report, the minutes of the City Council
deliberations, nor the City Council action itself from 2005 include any hint that the
new FAR for one of the three Commercial Lodge (CL) properties would be irrelevant
or moot because of the 1983 restriction. City Council cleazly understood its zoning
action in 2005 to be having the effect of establishing an FAR of 3:1 for the Buckhorn
Arms property. Though the City Council later acted in 2007 to reduce the allowable
NovemFier 20, 2008
Buckborn Arms Zarring Petition
Page 3
FAR in the Commercial Lodge (CL) district to 2.5:1 (see Ordinance 1Q Series of
2007), there is again nothing in the relevant staff report or City Council minutes to
suggest that the new 2.5:1 FAR would not apply the Buckhorn Arms property. The
simple fact is that as recently as 2007 the City Council was quite comfortable with and
found it appropriate to establish an FAR of 2.5:1 for the Buckhorn Arms property.
Nothing has changed since 2007 except for the discovery of an ordinance that no one
realized existed.
• The current iteration of the Commercial Lodge (CL) zone district regulations include
incentives for lodging development with smaller average room sizes for the purpose of
encouraging "a continued vitality and long-term sustainability of the local economy."
(Ordinance 10, Series of 2007.) These incentives, which are implemented through the
GMQS special review procedures, are impossible to achieve if an FAR limit of 1:1 is
imposed on the Buckhorn Arms property. To achieve the incentives for at least 14
lodge rooms (one lodge unit for every 500 square feet of lot area, as required) at 500
sq. ft. per room would require 7,000 sq. ft. of floor area not even counting circulation
or a lobby area, not to mention ground floor commercial space. Yet the Buckhorn
Arms property has only 6,927 sq. ft. of land area. Even with 400 sq. ft. average room
sizes, the minimum required 14 lodging rooms would use 5,600 sq. ft. of floor area,
leaving essentially nothing for other uses, especially after the necessary circulation and
other miscellaneous areas are incorporated into the design.
Thank you very much for your consideration of this request. Should you have any
questions or desire any additional information, please contact me at (970) 925-7819 or by
email at mhaas@sopris.net. We look forward to reviewing this matter with you in person
at a public meeting.
Very truly yours,
Haas Land Planning, LLC
f t
Mitc
Owner/Manager
Attachment: Ordinance No. 27 (Series of 1983)
Qmly Documenis/City Applications/Buckhom Lodge/Council Zoning Petition_l 1-20-08
..,
.-
RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE N0. 27
(series of 1983)
AN ORDINANCE RE20NING THE EASTERLY 9.27 FEET OF LOT Q, ALL OF IATS
R & S, BLOCK 105, IN AND TO THE CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO, FROM "O" (OFFICE) TO "CL" (COMMERCIAL-LODGE)
WHEREAS, an application has been submitted to rezone the fol-
lowing described property from "0" (Office) to "CL" (Commercial
Lodge=
TheEasterly 9.27 feet of Lot 4, all of Lots R & S, Block 105
City and Townaite of Aspen,
Pitkin County, Colorado
and,
WHEREAS, the property owner as an inducement to the City
Council to grant his rezoning application has agreed on behalf of
himself, his heirs, successors and assigns to the establishment of
a restriction of 1 to 1 external floor area ratio permanently on
the site, and
WHEREAS, the City Council finds therequested rezoning to
°CL" (Conunercial Lodg e)to be compatible with surrounding zone
districts and land use in the vicinity of the site, and
WHEREAS, the "CL" (Commercial Lodge) zone is a proper zone
for this site due to its proximity to both rnmmercial and lodging
uses and because the current use of the site is commercial and
lodge, and
WHEREAS, the Aspen Planning and Zoning Commission recommended
that the site not be rezoned and has expressed a concern that a
"CL" (Commercial Lodge) cone designation would allow an exces-
sively large structure to be placed on the site, and
WHEREAS, the property owner has voluntarily agreed to main-
twin a 1 to 1 external floor area ratio permanently on the site,
and
.,
..
RECORD OF PROCEEDINGS 100 Leaves
WHEREAS, having considered the recommendation of the Planning
and Zoning Commission the City Council desires that the easterly
9.27 feet of Lot 4, all of Lots R and S, Block 105, in and to the
City and Townsite of Aspen, Pitk in County, Colorado, be rezoned
from "O" (Office) to "CL" (Commercial-Lodge),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 7
That it does hereby rezone to use the following described
property from "0" (Office) to "CL" (Commercial-Lodge), aubj ect to
the regulations applicable to said zone district as described in
Chapter 24 of the Municipal Code of the City of Aspen, as now
exists or may hereafter be amended:
Easterly 9.27 feet of Lot Q, all of Lots R and S,
Block 105, City and Townsite of Aspen,
Pitkin County, Colorado
and that, as agreed to by the owner of the property on behalf of
himself, his successors and assigns, as an inducement to the City
Council to grant such rezoning, the owner shall restrict the
external floor area ratio governing said property to a maximum of
7;1 and retain the present number of legal parking spaces, which
restrictions shall be evidenced by a deed restriction approved as
to form by the City Attorney and recorded by the owner.
Section 2
That the Zoning District Map be and hereby is amended to
reflect the rezoning described in Section 7 and that the City
Engineer is hereby authorized and directed to amend said map to
reflect the aforesaid rezoning.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
.-.
RECORD OF PROCEEDINGS 100 Leaves
Section 4
A public hearing on t/h~e ordinance shall be held on the ~~
day of ~ , 1983, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15
days prior to which hearing notice of the same shall be published
once in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the ~ day of
ij , 1983.
Herm'a~ , M
ATTEST:
athryn S. och, City Clerk p~
BINALLY adopted, passed and approved this O day of
1983///,//~~/~ ~J'~
/dG
ATTEST:.
Kathryn S, och, City Clerk
r
,•.~
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
ss CERTIFICATE
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and fore going ordi nance was
introduced, read in full, and passed on
reading at a regular meeting of the City ouncil of the
City of Aspen on / /iQ.Ly ~ 19 Q j and published
in the Aspen Times a weekly newspaper ofgeneral circulation
publ((i~~sh__ed in the City of Aspen, Colorado, in its issue of
/f! ~a , 19~, and was finally adopted
and a/p~ ~~at"a~re~g7ular meetpi2ng of the City Council on
C~C~LC. Un-Grt.4 0 19 O / ,_ and ordered published as
Ordinance No. ~_, Series of 19~, of said City, as
provided by law.
IN WITNESS WHEREOF, i have hereunto set my hand and
the seal of said City of Aspen, Colorado this ,,~3 day
of 19~~
_ Kathryn ^~! Koch, City Clerk
S E A L
Deputy City Clerk
MEMORANDUM
vll-db
TO: Mayor Ireland and Aspen Courrn/~cil
FROM: Errin Evans, Current Planner~i'~
THRU: Jennifer Phelan, Deputy Community Development Director
_ ..7.:
DATE OF MEMO: January 16`", 2009
MEETING DATE: January 26`h, 2009
RE: 201 S. 7`h Street -Annexation Petition and Zoning Designation Request
APPLICANT /OWNER:
Guyasuta Seventh Street LLC
REPRESENTATIVE:
Sheri Sanzone, Bluegreen
LOCATION:
Address - 201 S. 7th Street; Legal
Description - Lot 3, Adams
Subdivision;
Parcel Identification Number- 2735-
123-15-003
CURRENT ZONING cS¢ USE
Located in the Moderate Density
Residential (R-15) zone district, within
Pitkin Countv containing a single
family home.
PROPOSED LAND USE:
This is an annexation request. As par[
of this request the Applicant is
proposing a Map Amendment to zone
the property with a City of Aspen zone
district zone designation Moderate
Density Residential (R-] 5).
STAFF RECOMMENDATION:
There is no recommendation at this time.
SUMMARY:
The applicant has petitioned for annexation and applied
for a zoning designation. We had scheduled a public
hearing; however the applicant is not yet ready to
proceed at this time.
t
Photo of the
Revised 1/16/2009
~ to Page 1 of 2
Staff Comments
Ordinance No. 38 and 39 Series of 2008 are being withdrawn from the Council Agenda for
January 26`h, 2009. A date will be set at later time to reschedule a public heazing for this
application. There is a portion of the property that belongs to Pitkin County via a warranty deed.
This issue needs to be resolved and the County is required to give the applicant permission to
grant the property to the City. Once this issue is resolved the applicant will be able to create final
annexation plat for Council review.
The applicant is aware of this issue and has agreed to withdraw the meeting until a final plat is
ready. When a final plat is ready, the applicant will come again before Council for First Reading
to set a new public hearing date.
Revised 1/16/2009
Page 2 of 2
V111G
MEMORANDUM
TO: Mayor Ireland and Aspen City Council 1
FROM: Chris Bendon, Community Development Director~\ JV' `' '
RE: Growth Management Allotment Carry-Forward Review -Public Hearing
Resolution No. ~, Series of 2009
DATE: January 26, 2009
SUMMARY:
Tonight's hearing, is a review of the "unused" growth allotments from 2008 and a
decision on the amount to "carry-forward" to the 2009 growth management yeaz. Each
year, a certain amount of growth is allotted for potential projects. The available allotment
is a combination of the standard annual allotment and the carry-forwazd allotment.
Available development _ annual Carry-forward
allotments allotment + allotment from prior
year
Applications for growth management review may only be submitted to the City on one of
two submission dates -February 15 or August 15. The City's Land Use Code specifies
the annual allotments in various land use categories as follows:
Deve% ment T Annual Allotment
Residential -Free-Market 18 units
Commercial 33,300 net leasable s uare feet
Residential -Affordable Housin No annual limit
Lod in 112 illows
Essential ublic facili No annual limit
Growth allotments granted in 2008 aze summarized in Exhibit A. According to the Land
Use Code, "the City Council shall determine the amount of unused and unclaimed
allotments, for each type of development, and may assign the unused allotment to become
part of the available development allotment for future projects. There is no limit, other
than that implemented by the City Council, on the amount of potential growth that may be
carried forwazd to the next year."
City Council may carry-forwazd up to 18 free-mazket residential allotments, 5,259 square
feet of commercial space, and 112 lodging pillows which went unclaimed in 2008.
The Land Use Code provides criteria for this carry-forwazd review. The City Council
may carry forward any portion of the previous year's unused allotment, including all or
none. "The City Council shall consider the following criteria in determining the
allotments to be carried forward:
1. The goals and objectives of the Aspen Area Community Plan.
2. The community's growth rate over the preceding five-yeaz period.
3. The ability of the community to absorb the growth that could result from a
proposed development utilizing accumulated allotments, including issues of scale,
infrastructure capacity, construction impacts and community character.
4. The expected impact from approved developments that have obtained allotments,
but that have not yet been built.
Considering these criteria, staff recommends that none of the potential growth be carried
forwazd.
RECOMMENDATION:
Staff recommends City Council approve Resolution No. ~, Series of 2009, carrying-
forwazd none of the unused 2008 growth management allotments.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Resolution No.~, Series of 2009.
ALTERNATE MOTION:
"I move to approve Resolution No. "I ,Series of 2009, with the following amendments
ATTACHMENTS:
Proposed Resolution No.~Series 2009
A - Summary of 2008 growth management allotments
2
RESOLUTION N0.
(SERIES OF 2009)
A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE
"CARRY-FORWARD" GROWTH MANAGEMENT ALLOTMENT FOR 2009.
WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.D
and 26.470.040F, the City Council shall review, during a public hearing, the prior year's
growth summazy, consider a recommendation from the Community Development
Director, consider comments from the general public and shall, via adoption of a
resolution, establish the number of unused and unclaimed allotments to be carried
forwazd and added to the annual allotment; and,
WHEREAS, pursuant to said sections and considering the following criteria, the
Community Development Director has provided a recommendation to carry-forward
none of the unused growth management allotments from 2008:
l . The goals and objectives of the Aspen Area Community Plan.
2. The community's growth rate over the preceding five-yeaz period.
3. The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, constmction impacts and community character.
4. The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
and,
WHEREAS, during a regular meeting on January 26, 2009 the City Council
considered the recommendation by the Community Development Director, comments
from the general public at a public heazing, and the above criteria; and,
WHEREAS, the City Council finds that the decision to carry forward none of the
unused growth allotments from 2008 meets or exceeds all applicable standards and is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO: That the City Council carries forward none of
the unused growth management allotments from 2008 to be available in 2009.
RESOLVED, APPROVED, AND ADOPTED FINALLY this day of
2009.
Approved as to form: Approved as to content:
City Attorney Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
N
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MEMORANDUM ~I ~r
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director 1 ~ VII-An
FROM: Jennifer Phelan, Community Development Deputy Directo~`P
RE: Aspen Valley Hospital -Master Facilities Plan (401 Castle Creek Road) -
Conceptual Planned Unit Development -Resolution No. 3, Series 2009 -
Public Hearine (continued from January 26, 2009)
MEETING
DATE: January 26, 2009
SPECIAL NOTE: Based upon issues raised at the January 12`h hearing, some of the topics
to be covered on the 26`h have been rescheduled for February 9`h to allow the applicant and
staff adequate time to respond.
APPLICANT /OWNER: PLANNING AND ZONING COMMISSION
Aspen Valley Hospital, David RECOMMENDATION:
Ressler, CEO The Planning and Zoning Commission recommends
conceptual approval of a Planned Unit Development with
REPRESENTATIVE: conditions.
Leslie Lamont, Lamont Planning
Serv1CCS. STAFF RECOMMENDATION:
Staff recommends that the hearing be continued to
LOCATION: February 9, 2009 at the conclusion of the hearing.
Parcel C, Aspen Valley Hospital
District Subdivision, commonly
known as 401 Castle Creek Road.
CURRENT ZONING S[ USE
Located in the Public (PUB) zone
district. Lot C contains 19.1 acres
or approximately 832,085 sq. ft. of
lot area.
PROPOSED LAND USE:
The Applicant is requesting to
develop a master plan for the
redevelopment and expansion of the
hospital campus.
Page 1 of 8
Photo of the hospital's main entry.
LAND USE REQUESTS AND REVIEW PROCEDURES'
As noted in the January 12` staff memo, the Conceptual Planned Unit Development review for
the proposed master facilities plan of the hospital is being divided into three hearings with
individual topics as noted below: ~;' i
January 12, 2009: Project Overview: Opei'atiq{alNeeds, Program, Trends, Phasing,
Architecture & Design
January 26, 2009: Employee Housing, Site Improvements (grading, drainage,
trail location), Noise Analysis, Housekeeping items
February 9, 2009: Transportation (parking generation, trail easement, site, roads, bikes,
trails, parking garage), Miscellaneous Items, Conditions of approval,
Vote
February 23, 2009: Additional meeting, if necessary
Again the purpose of Conceptual PUD is to allow the Council the opportunity to identify any
major questions or concerns that you would like to have the Applicant address further, either at
this stage of review (conceptual) or at a later more specific stage of review (final).
PROJECT SUMMARY:
The Applicant, Aspen Valley Hospital District, LLC` has requested approval to redevelop and
expand the existing hospital campus which was annexed into the city in 2003. The focus of the
proposal is on Parcel C of the campus, whexg~,he hospital, senior center/assisted living
(Whitcomb Terrace), ambulance bam, heli-pad and the hospital CEO's residence is located.
Parcel A of the campus includes the Schultz building and Mountain Oaks employee housing.
Pazcel C contains approximately 19.1 acres or 832,085 square feet. A site map is provided on the
next page per Figure 1.
The Applicant would like to redevelop the parcel taking into account a twenty year program life
cycle with an anticipated 2016 build-out timeline. The following tables compare existing and
proposed development for the site and the buildings on the campus.
Table 1. Existine and Proposed Conditions
Existin Conditions Pro osed Conditions
Pazcel Area 832,085 s . ft. 832,085 s . ft.
Building Footprint
(residence, hospital, bus barn,
& hase I) 90,849 sq. ft. 171,164 sq. ft.
O en S ace 550,536 s . ft. 471,067 s . ft.
Surface arking 175 ~ . 110*
Notes: * The proposed surface area does not includ~~azking structure spaces, with parking
gara e s aces the total a uals 339 s aces. , a(v'
Page 2 of 8
Table 2: EX1Stlrlf? all[1 Prnnn CPfl (:rncc Qniiara Fart of Tlr.,rl.....,, o.,t
Existin Facili Pro osed Total at Build-Out
Below Grade 5,000 24,558 29,558
Above Grade 70,700 96,121 166,821
Med. Office 0 17,716 17,716
Sub-Total 75,700 138,395 214,095
Parkin Gazage 0 76,000 76,000
Total 75,700 214,395 290,095
y,,t.
F~ure 1: Subject Site
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Emaloyee Housin¢/Generation:
As an essential public facility, the Planning and Zoning Commission determines the employee
generation for a project. The "City Council may assess, waive, or partially waive, affordable
housing mitigation requirements as is deemed appropriate." Although employee generation rates
(based upon a zone district) can be used as a guideline, the land use code notes that "each
operation shall be analyzed for its unique employee needs." The proposal for the hospital
redevelopment and expansion can be divided into two components: expansion/remodel of the
hospital and development of medical offices.
Employee generation is a growth management review that is evaluated during the Final PUD
application (steps 3 and 4 of the development Y~view process). At a conceptual level, the
Page 3 of 8
1'4
Applicant is requesting that the city agree to certain considerations in analyzing the employee
generation of the hospital. When the hospital evaluates its employee generation for the
redevelopment and expansion of the hospital, the Applicant is proposing to consider the effects
of volume, support services, decompression, and increased efficiency when determining the
number of employees generated per phase of redevelopment. The Applicant has described these
terms as follows:
• Volume: Certain functions within the hospital are volume driven based upon the seasonal
nature of the community so the number of FTEs fluctuates over a yeaz.
• Sunnort Services: Other functions in the hospital are not census/volume driven such as
housekeeping and will not fluctuate during a yeaz.
• Decompression: Some of the renovation and expansion of the hospital will allow for patients
and staff to be served in lazger spaces that meet current service standazds, but will not
increase the number of employees of the hospital.,;..,
• Increased Efficiencv: "Increasing the size of t#>~ facility will allow the hospital to utilize
technology that enables Hospital staff to perform functions more efficiently. Therefore an
increase in space does not necessarily increase fhe number of employees. Also, the Hospital
currently has excess staffing capacity that will allow for considerable volume growth, related
to increased community demand and physical capacity, without any impact on staffing levels
or employees generated."
The Applicant is proposing to develop approximately 12,401 sq. ft. of net leasable medical office
space using a Mixed Use zone district employee generation rate of 3.7 employees per 1,000 sq.
ft. of net leasable azea developed. However, during the Planning and Zoning Commission review
of the application, the Commission recommended that the medical office space generation be
evaluated by auditing other medical offices.
The Commission also considered the Applicant's request to receive credit for past employee
housing efforts. The Applicant is requesting credit for the housing. at Mountain Oaks, the
Beaumont and the single family house on Pazcel C that the hospital either voluntarily built or
purchased. When the hospital was originally developed no employee mitigation was required.
The Applicant is proposing subtracting from the credit any subsequent employee generation
mitigation that was required for changes to the existing facility. As noted in the memo from Ms.
Cindy Christensen of the Aspen/Pitkin Housing authority (Exhibit F), a more thorough review
of the existing credits will need to be underta~Cer'~ to clazify how many credits the existing
buildings generate, how many have credits have a~fually been used by the hospital and what is
lefr.
Staff Comments and Recommendation: With the proposed expansion and remodel of the hospital,
important threshold questions that affect the context of final review should be resolved so that
clear direction can be provided to the Applicant on how employee generation should be
evaluated. The Applicant can then propose how any potential housing mitigation is anticipated
to be provided During the Planning and Zoning Commission's review, the Commission provided
policy recommendations to the City Council on how mitigation should be undertaken. The
following recommendation was included in Resolution No. 23 (Series of 2008:
"The consideration of volume, support services, decompression and increased efficiency as
outlined in the Conceptual Application dated January 2008 is appropriate in determining
Page 4 of 8
Employee Generation. Medical office space employee generation should be evaluated by
auditing other medical offices. Existing Employ'ee's Housed credits can be used for Employee
Generation mitigation; however, a detailed inventory of the total number of employees
housed, credits that have been used, and those remaining shall be provided. "
It is anticipated that the Applicant will inform the reviewing bodies at Final PUD application as
to the number of staff they need to operate the hospital for a year once all phases of development
are complete based upon the size of the facility they are proposing, as well as discuss what they
see occurring, staffing wise, over time. Since the Applicant notes that some of the expansion is
for decompression purposes, to right-size the facility, staff anticipates the Applicant will discuss
the following issues at Final PUD: Will compression occur again over time? How does the
Applicant anticipate the hospital will or will not expand over time?
At the hearing or during the course of the review, Staff would like the Applicant to provide
additional information on the medical office space so that the Council can better understand the
need for office space on the campus, potential impacts of locating the offices on the campus and
long-term expectations of the developed space. Specifically, Staff would like the Applicant to
address how many offices do they expect to create on the campus and why 17, 000 sq. ft. is the
desired gross square footage for the offce space? These answers as well as how the Applicant
anticipates mitigating for potential employee gene~>`dtion will need to be detailed in the final
PUD application. ~''
t ;,,
Staff Recommendation for evaluating employee generation:
• Employee Housing Credits. Staff recommends that the hospital be provided a credit for the
existing affordable housing that was developed and not associated with any prior
expansion/redevelopment of the hospital. Additional research will need to be undertaken to
clarify how many employees the existing affordable housing accommodates, how much of the
credit has been used for past expansions/redevelopment, and what is the resulting credit.
• Medical O ice Space. Staff recommends that the Applicant audit other medical office spaces
in town to provide a realistic number of employees generated for a medical office rather than
using an employee generation rate codified by the land use code.
• Accounting. An accounting method needs to be developed to track whether the assumptions
of employee generation are correct over time such as an audit requirement. Staff recommends
after each phase of development is complete that acheck-in with the city is required to verify
that employee generation assumptions are correct.
Site Imarovements (gradin¢, draina¢e trail loeationl•
Pazcel C can be roughly divided into two parts: the developed hospital on the south portion of the
parcel and the open, more natural portion of the .~#arcel to the north. The existing meadow is
proposed to be improved upon to accommodate the need for additional drainage. Drainage is
proposed to be carried from the south, through a series of inlets, to the north into a series of
detention basins. The basins will be dry except when detaining storm water.
With regazd to trail location, two trails currently exist on the site: the Nordic trail and the pedestrian
trail that loosely pazallels Castle Creek Road. Some realignment of the Nordic trail is necessary and
the Applicant is working with the Pazks Department and neighbors to finalize an appropriate
Page 5 of 8
realignment. Changes to the pedestrian trail aze also proposed. The Applicant had suggested
realigning and re-grading the trail at two vehicular entry points on the site and to reconstruct a
section of trail between Whitcomb Terrace and the detention basins to accommodate equipment
access to the basins for snow management and for regular maintenance. It is noted in the application
(Exhibit E from the January 12a' memo) submitted by the Applicant (exhibit G of their appendix)
that snow removal can be accommodated primarily in the middle storage basin. A new trail is
proposed to loop within the proposed drainage basins'.°~'he proposed detention basins are illustrated
in Figure 2, below. ~ ~~'~
,.
Staff Comments and Recommendation.• During the Planning and Zoning Commission's review of
the application, the City Engineer and Parks Department noted that use of the detention ponds
for snow storage is of concern. Engineering recommends that adequate snow storage be
provided within the proposed parking areas. The Parks Department has concerns of vehicular
use on the pedestrian trail. The department does not allow vehicles on trails, with the exception
of city maintenance and emergency vehicles. These comments are attached in Exhibits G and K
The Planning and Zoning Commission recommended that further evaluation of snow storage
and vehicular use of the trail be considered prior tq~final application. Since the Commission's
review, the Applicant has been working with 'tla~ Parks and Engineering Departments on
potential alternatives. ~ f'
r"
Page 6 of 8
Staff Recommendation:
• Snow Storage/Drainage Based upon the concerns voiced by both the City Engineer and Parks
Department, staff recommends that an alternative solution for snow storage be developed that
minimizes the development of hardscape features and vehicular access. Further, a
comprehensive drainage report will be required at final review.
• Nordic Trail. Staff recommends that the Nordic trail alignment needs to approved by the Parks
Department and address the proximity concerns of neighbors at final review,.
Noise Analysis:
The Applicant is proposing to relocate the heli-pad onto part of the expanded hospital's roof in
Phase III of the proposed redevelopment. Currently, the pad is located at grade near two
entrances of the hospital on the south side of the parcel. The relocated heli-pad will be on the
southwest portion of the property. As noted by the Applicant, the noise analysis notes "that a
relocation of the heli-pad will not cause a difference in the decibel levels when a flight for life
helicopter is taking off."
Staff Comments and Recommendation: The relocation of the hell pad to the roof will create a
safer landing environment for the helicopter, minimizing potential conflicts with vehicles and
people. Staff recommends that the new roof location be conceptually approved by the Council.
Housekeeoine Items:
Parallel with the east property boundazy is a 100 foot wide pedestrian, bicycle and road easement
that encumbers the subject property. Within this easement are other utility and trail easements.
Additionally, an area is identified on the site as `Employee Housing Phase II' near Whitcomb
Terrace. As proposed, the parking structure will encroach into both of these azeas. Development
cannot occur (at least in the easement) until the easement is removed. The previous
encumbrances to the property can be superseded (and removed) by the recordation of a new plat.
A history of the easement and delineated housing site aze included on pages 35 and 40 of the
application (Exhibit E from the January 12`" memo). The applicant surmises that the 100 ft.
easement was required prior to the construction of"`i'he bike /pedestrian trail. The project was
originally approved in the county, which requiret~?~evelopment to be 100 feet from a major
roadway (Castle Creek Road). The employee lrou§ing `parcel' was required to memorialize the
housing component associated with the foririer''master plan; however, the Beaumont was
purchased instead.
Staff Comments and Recommendation: The 100 feet wide easement appears to be unnecessary
as there are existing, separate easements for utilities and the trail. However, the removal of the
easement will allow development to be located closer to the pedestrian trail which may impact
the quality of the pedestrian experience. The employee housing site may not be necessary
depending on the hospitals plans for affordable housing.
Staff Recommendation:
• Provide Additional Research. Staff recommends that the 100 foot easement be removed with the
consent of other departments such as utilities, engineering and parks. The employee housing
parcel' may also be removed dependent on additional research. The Applicant needs to
thoroughly research the employee housing parcel' and how it relates to the approval of the
Page 7 of 8
original master plan so that the City clearly understands what, if any, affordable housing
mitigation was reguired for the original master plan,,;if it was developed (Beaumont/Mtn. Oaks),
and if additional affordable housing is required how it will be provided. This information should
be submitted at the Final PUD application. ,
rlgure S: luu root Wlde Easement and AH `Yazcel'
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RECOMMENDATION: At this point and time, Staff recommends the City Council continue
the public heazing to February 9, 2009.
CITY MANAGER COMMENTS:
PROPOSED MOTION: "I move to continue the hearing on the AVH Master Facilities plan to
February 9, 2009."
ATTACHMENTS:
EXHIBIT A -PUD Review Criteria (provided 1 /26/09 and 2/9/09)
EXHBIT B -Planning and Zoning Commission Resolution No. 23, Series of 2008
(provided 1/26/09)
EXHBIT C -Planning and Zoning Commission minutes: July 1 S~, July 15`h, August 5`h
and August 19, 2008 (provided 1/26/09)
EXHIBIT D -Map of hospital district boundaries (provided 1/26/09)
EXHBIT E -Application dated January 2008 (provided 1/26/09)
EXHIBIT F - APCHA Referral dated July 3, 2008
EXHIBIT G -Engineering Referral dated May 17, 2008
EXHIBIT H - Pazks Department Referral
EXHIBIT I - Drafr snow storage/drainage design changes
~~
Page 8 of 8
EXHIBIT A
Chapter 26.445, PLANNED UNIT DEVELOPMENT
Sec. 26.445.050. Review Criteria conceptual, Snal, consolidated and minor PUD.
A development application for conceptual, final, consolidated, conceptual and final or
minor PUD shall comply with the following standards and requirements. Due to the
limited issues associated with conceptual reviews and properties eligible for minor PUD
review, certain standards shall not be applied as noted. The burden shall rest upon an
applicant to show the reasonableness of the development application and its conformity
to the standards and procedures of this Chapter and this Title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff believes that a number of the goals in the Aspen Area Community Plan are met
at a conceptual level including: "containing development...to ensure development is
contained and sprawl minimized," "maintain and improve the appeal of walking and
bicycling," and "protect and enhance the natural environment." The development is
located with the urban growth boundary, has multimodal opportunities for getting to
the hospital, and minimizes the development footprint of the site.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
The proposed development is on a large tract of land that acts as a campus setting for
the hospital, senior housing, ambulance barn, and health and human services building.
The property is close to open space and some dense neighborhoods. The development
is an expansion of an existing use. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area. C„
Staff believes that this development will not adversely affect the future development
of the area. Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Not Applicable at this point in the review. The Applicant will be required to make a
Growth Management Application as part of the Final PUD. Under the current
proposal, the application will be reviewed as an essential public facility, and may
Exhibit A -PUD Review Criteria
Page 1 of 10
;,
require growth management approval for the development of new commercial
space/medical clinics (net leasable) and the development of affordable housing.
B. Establishment of Dimensional Requirements:
The ftna[ PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized.
The PUD development plans establish dimensional requirements for all properties in a
PUD. The dimensions of the PUD shall be memorialized during the Final PUD review.
I. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the property:
a. The character of, and compatibility with, existing and expected future
land uses in the surrounding area.
The dimensional requirements allow for the expansion of the hospital while
minimizing the footprint of the hospital and maintaining open space. At a
conceptual level, the proposed building expansion and its location on the site
is compatible with the chazacter of the area.
b. Natural or man-made hazards.
No known natural hazazds exist on the lot. The relocation of the heli-pad will
reduce a potential man-made hazard. Staff finds this criterion to be met.
c. Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and signiftcant vegetation and
landforms.
Most of the development proposed is.within azeas of the site that have already
been impacted by developrrtent. The .a, p~plicant is proposing to maintain a lazge
percentage of open space and natur'al'vegetation on the site. Staff finds this
criterion to be met. ~'
d. Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
The applicant is proposing a service loop road with certain improvements to
separate circulation by use. Improvements with regard to vehiculaz circulation
Exhibit A -PUD Review Criteria
Page 2 of 10
aze proposed as well as pedestrian improvements. At a conceptual level, staff
finds this criterion to be met.
iij
2. The proposed dimensional requiretneiz'tslpermit ascale, massing, and quantity
of open space and site coverage appropriate and favorable to the character of
the proposed PUD and of the surrounding area.
The Applicant is proposing to concentrate the redevelopment to an azea that is
already developed, minimizing the impact of the new development and maintaining
a lazge amount of undeveloped land on the site. As noted earlier, a large portion of
the site is undeveloped and the proposal will maintain that feeling of openness.
Staff finds this criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based
on the following considerations:
a. The probable number of cars used by those using the proposed
development including any non-residential [and uses.
b. The varying time periods of use, whenever joint use of common parking
is proposed.
c. The availability of public transit and other transportation facilities,
including those for pedestrian ~cess and/or the commitment to utilize
automobile disincentive tec~rniques in the proposed development.
d. The proximity of the proposed development to the commercial core and
general activity centers in the city.
The Applicant provided a summary of the parking needs analysis in the application.
The consultant undertaking the analysis considered alternative modes of
transportation that can be used to get to the hospital and reduced the estimated
number of off-street parking spaces needed for the redevelopment. Staff finds this
criterion to be met.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if.•
a. There is not sufficient water pressure, drainage capabilities or other
utilities to service the proposed development.
b. There are not adequate roads to ensure fire protection, snow removal
and road maintenance to the proposed development.
8
The applicant is not proposing any housing'~for this review. Staff finds this criterion
not applicable.
Exhibit A -PUD Review Criteria
Page 3 of 10
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if.•
a. The [and is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water
pollution. '+'
c. The proposed deve[opmenf will /~t-ve a pernicious effect on air quality in
the surrounding area and the City.
d. The design and location of any proposed structure, road, driveway or
trail in the proposed development is not compatible with the terrain or
causes harmful disturbance to critical natural features ojthe site.
The applicant is not proposing any housing for this review. Staff finds this criterion
not applicable.
6. The maximum allowable density within a PUD may be increased if there exists
a signiftcant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns
and with the sae's physical constraints.
a. The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b. The site's physical capabilities can accommodate additional density and
there exists no negative physical Characteristics of the site, as identified
in Subparagraphs 4 and 5, abai~g, those areas can be avoided or those
characteristics mitigated }}
c. The increase in maximu~fr deh~sity results in a development pattern
compatible with and complimentary to, the surrounding existing and
expected development pattern, land uses and characteristics.
Notes:
a. Lot sizes for individual lots within a PUD may be established at a higher
or lower rate than specified in the underlying Zone District as long as,
on average, the entire PUD conforms to the maximum density provisions
of the respective Zone District or as otherwise established as the
maximum allowable density pursuant to a final PUD Development Plan.
b. The approved dimensional requirements for all lots within the PUD are
required to be reflected in the final PUD development plans.
The applicant is not proposing any housing for this review. Staff finds this criterion
not applicable.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and mgn-i~iade features and the adjacent public
~,~;
fy.
Exhibit A -PUD Review Criteria
Page 4 of 10
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
A large portion of the site is undeveloped and in a natural state. The redevelopment is
proposed to maintain that feel and limit the developed area of the 19 acre site. Staff
finds this criterion to be met.
2. Structures have been clustered to appropriately preserve signiftcant open spaces
and vistas.
„ .'
As mentioned previously, a large portion of the site is undeveloped and in a natural
state. The redevelopment is proposed so as to maintain that feel and limit the
developed area of the 19 acre site. Staff finds this criterion to be met.
3. Structures are appropriately oriented to public streets, contribute to the urban
or rural context where appropriate, and provide visual interest and engagement
of vehicular and pedestrian movement.
The proposed building is generally oriented towards the public street but is set back
from the street which contributes to the more open feel of Castle Creek Road.
Existing vegetation currently screens the hospital.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
The City of Aspen Fire Marshal has reviewed the proposal, and has noted that final
details on the service loop road will be necessazy in the future. Staff finds this
criterion to be met at a conceptual level.
5. Adequate pedestrian and handicapped excess is provided.
According to the Application, the project will comply with all applicable
requirements. Improvements are being proposed for the pedestrian trail. Staff finds
this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
According to a letter submitted by the Applicant's engineer, site drainage will be
handled with retention ponds in the more natural, undeveloped area of the site. Staff
finds this criterion to be met at a conceptual level.
Exhibit A - PUD Review Criteria
Page 5 of 10
~ _ , 4~~t.
7. For non-residential [and uses, spaces 'between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
The Application has developed the master plan to accommodate the multiple
functions at the site: helicopter access, ambulance and service access, as well as
patient access. Staff finds this criterion to be met.
D. Landscape Ptan.
The purpose of this standard is to ensure compatibility of the proposed landscape with
the visual character of the city, with surrounding parcels, and with existing and
proposed features of the subject property. The proposed development shall comply with
the following:
The Applicant provided a draft landscaping plan as part of the original Conceptual
application. An updated version will be provided as part of the Final PUD Application.
1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
:Fe,.
The Applicant has provided some copcept'ual landscaping on the site plan in the
application and has developed the landscaping to correspond with the two
development zones of the project: developed and natural. A number of new plantings
are proposed with a more intensive/traditional landscaping near the hospital and
natural grasses, serviceberty and gambel oak in the natural areas. A final landscape
plan will be submitted as part of the Final PUD application. Staff finds this criterion
to be met.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
The undeveloped area of the site provides a natural open setting. Enhancements in
this area need to preserve these features.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
U,.
The Applicant will provide a final landscape; plan in with the Final PUD. This will
ensure existing landscaping is preserved ot;initigated for if it is to be removed. Staff
finds this criterion to be met.
E. Architectural Character.
1. Be compatible with or enhance the visual character of the City, appropriately
relate to existing and proposed architecture of the property, represent a
Exhibit A -PUD Review Criteria
Page 6 of 10
character suitable for and indicative of the intended use and respect the scale
and massing of nearby historical and cultural resources.
A vaziety of materials aze being proposed for the redevelopment of the hospital: glass,
masonry, and stone. As an institutional type of use, the conceptual design reflects the use
of the building with a palette of materials that fit',~,.vell on the site.
~,
,: : ~~.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade and vegetation and by use of
non- or less-intensive mechanical systems.
The Applicant has noted that the building is expected to be designed to achieve LEED
certification and that it is anticipated that the building is designed and constructed in an
environmentally sustainable way. Staff finds this criterion to be met.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require signiftcant maintenance.
The Applicant has submitted a conceptual plan for snow removal and storage as part of
the application. A final detailed plan will be required to be addressed at final application
Staff finds this criterion to be met.
F. Lighting.
I. The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
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aesthetic concerns.
2. All exterior lighting shall in compliance with the outdoor lighting standards
unless otherwise approved and noted in the final PUD documents. Up-lighting
of site features, buildings, landscape elements and lighting to call inordinate
attention to the property is prohibited for residential development.
The Applicant will comply with all lighting regulations in place. Amore detailed
plan will be provided as part of the Final PUD.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed PUD, the following criteria
shall be met:
The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to tk¢ property's built form, and is available
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to the mutual benefit of the various lari~'uses and property users of the PUD.
Exhibit A -PUD Review Criteria
Page 7 of ]0
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development
There aze no common park, open space or recreation azeas proposed by the Applicant.
The site contains the existing Nordic trail, apd Pedestrian trail that have easements
allowing for public use on private property~'~hanges or improvements to these two
trails will need to be approved by city staff. The Applicant is proposing a new passive
use azea in the vicinity of the proposed retention ponds. There is no public access
easement being proposed at this time for the passive use azea. Staff finds this criterion
to be met at a conceptual level.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustifted financial burden. The proposed utilities and public facilities associated with
the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
The Water, Sanitation, and Electric Departments reviewed this application and
determined there is adequate service for this development. This will be addressed in
greater detail at Final PUD.
2. Adverse impacts on public infrastructe"by the development will be mitigated
by the necessary improvements at the~sa~l`~e cost of the developer.
At this time no adverse impacts on the public infrastructure are anticipated. This will
be addressed in greater detail at Final PUD.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
This criterion will be addressed at Final PUD when a finalized site plan and
associated materials aze available for City Departments to review.
I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible, does not
unduly burden the surrounding road network, provides adequate pedestrian and
Exhibit A -PUD Review Criteria
Page 8 of 10
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recreational trail facilities and minimizes the use of security gates. The proposed access
and circulation of the development shall meet the following criteria:
1. Each lot, structure, or other [and use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian
way, or other area dedicated to public or private use.
Staff believes that all structures and uses will have appropriate access to a public
street. A thorough traffic impact analysis with final application will detail any
necessary improvements related to access. Staff finds this criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff believes the conceptual design of adding a service access road, potential
improvements to Doolittle Drive and a ne""~ parking circulation scheme will ease
congestion at this site. Staff does find this criterion met.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access to
significant public lands and the rivers are provided through dedicated public
trail easements and are proposed for appropriate improvements and
maintenance.
The proposed development has existing trail easements on the property. Staff finds
this criterion to be met.
4. The recommendations of the Aspen Area Community Plan and adopted specific
plans regarding recreational trails, pedestrian and bicycle paths, and
transportation are proposed to be implemented in an appropriate manner.
The Pazks department has reviewed the application and Found that no additional
easements are necessary at a conceptual level. Staff finds this criterion to be met.
S. Streets in the PUD which are propose or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
There aze no internal streets proposed as part of this PUD. Staff finds this criterion to
be met.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for
lots within the PUD, are minimized to the extent practical
Exhibit A -PUD Review Criteria
Page 9 of 10
There aze no gates or guard posts proposed as part of this PUD. Staff finds this
criterion to be met.
J. Phasing of Development Plan. (does not apps to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is
proposed, each phase shall be defined in the adopted final PUD development plan.
Does not apply to conceptual review; however, the applicant is proposing a phased final
development plan.
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Exhibit A -PUD Review Criteria
Page 10 of 10
MEMORANDUM
TO:
FROM:
DATE:
RE:
Jennifer Phelan
Cindy Christensen, Housing
July 3, 2008
ASPEN VALLEYHOSPITAL MASTER FACILITIES PLANREVIEW
Pazcel ID No. 2735-123-07-801
ISSUE: The applicant is seeking approval for redevelopment of the Hospital property and for
approval of use of credits from existing affordable housing.
BACKGROUND: The applicant has divided the development into four phases to be constructed in
sequence.
Phase I was completed and included the expansion of Obstetrics on the north side of the building.
The plan called for approximately 5,700 new squaze feet and 4,252 squaze feet of renovated space
for a total of 9,973 square feet.
Phase II proposes atwo-story addition and will include the following:
Basement Second loading and receiving area
Food service receiving
15~ Floor 27 new patient caze rooms
Nuclear medicine
Relocated food service, including dining azea
Reception area
Central plant additions
Gift shop
Expanded intensive caze unit (four rooms)
Cardiopulmonary ~,~
Same day surgery
2"a Floor Cardiac rehabilitation and physical therapy space
Specialty clinics
Oncology
Administration offices
Medical office space
Also 3-level pazking gazage for a total of 234 spaces
1
Partial construction of a loop service road
Water line expansion `
Access improvements to the Senior Center and improvements on Castle Creek
Meadow, wetland and drainage improvements
Realignment of the Nordic Trail
Partial reconfiguration of the existing visitor parking lot
Phase III is on the west side of the existing building and includes atwo-story addition.
151 Floor Emergency department expansion
Imaging department expansion
Expanded surgical suite
Central plant upgrades
2"a Floor Medical office space
Patient family services with overnight accommodations for families
Roof heli-pad with a vestibule and elevator
Phase IV will include a new primary entrance and foyer added at the south side. The patient drop-
off azea will be revised to allow for direct RFTA bus~service. Upgrades of the Castle Creek Road
and Doolittle Drive aze to be included in this phase. Also included is the relocation or expansion of
the medical foundation office and the creation of achapel/meditation room.
The total project is broken down in phases below:
Phase I Renovated New Total
Basement 0 0 0
Level One 4,252 5,721 9,973
Level Two 0 0 0
Med. Office 0 0 0
Total 4,252 5,721 9,973
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Phase II Renovated New Total
Basement 168 10,074 10,242
Level One 22,728 18,630 41,358
Level Two 0 21 884 21,884
Med. Office 0 , 9,035 9,035
Total 22,896 59,623 82,519
Phase III Renovated New Total
Basement 0 10,671 10,671
Level One 25,149 32,715 57,864
Level Two 0 11,043 11,043
Med. Office 0 8,681 8,681
Total 25,149 63,110 88,259
Phase IV Renovated New Total
Basement 3,509 .3,813 7,322
Level One 15,574 X128 21,702
Level Two 0 0 0
Med. Office 0 0 0
Total ]9,083 9,941 29,024
The following charts outline the total gross square footage for renovation and expansion:
Renovation:
Renovated
Below Grade 3,677
Above Grade 67,703
Medical Office 0
Total 71,384
(a:
Expansion:
Existing Facility New Total @ buildout
Below Grade 5,000 24,558 29,558
Above Grade 70,700 96,121 166,821
Medical Office 0 17,716 17,716
Subtotal 75,700 138,395 214,095
Pazking Gazage* 76,000 76,000
Total 75,700 214 „ 95 290,095
*The pazking gazage is to contain 234 spaces.
Credits: The Hospital has been proactive in providing housing for their employees. Mountain
Oaks contains 21 rental units and was built and is managed by the Hospital. The Hospital built a
single-family home for the administrator of the Hospital and now owns what was the Beaumont
Lodge that provides 25 rental dwelling units for employees. All of the units the Hospital manages
were voluntarily built or existed and not required for employee housing mitigation. Credits have
also been used in the past for expansion of certain areas of the Hospital. Below is a table showing
what the applicant believes is available. Housing Staff has a document that shows the balance of
credits differently than provided by the applicant.
Current Housing for Mitigation # of Employees
Purposes Housed Less Total
Expansions Credits
Mountain Oaks 37.25
CEO Housing 3.50. .
Beaumont (11 hotel rooms) 29.~lQ:
Subtotal 70.25
ER, Waiting Room, Lab (pre-1997) 2.0
Basement Conf Fac. (pre-2000) 2.6
Subtotal 4.6
Total Available 65
A memo provided by Ted Guy in August 2000 stated that the prior expansions of the Hospital in
1996 and 1998 generated 23.85 employees. Mountain Oaks houses 37.25, therefore, there is a
credit of 13.4 FTE's. The Conference Facility generated 2.6 employees, thereby taking the credits
down to 10.8. Of record, Staff shows that the Beaumont has 10 rooms broken down to mitigate for
18.5 FTE's, which would provide a total of 32.8 credits for use by the applicant. Staff met with
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Leslie Lamont, the planner for the application, to review the balance of the credits. It has been
established that some of the use of the credits noted in Ted Guy's memo was for development that
was not done; therefore, the credits noted are close to what is available. The credits for the
Beaumont, however, are high as all of the units were counted as studios and some aze dorm rooms.
The employee generation rate for a dorm unit is less than for a studio. Staff will verify what is
available prior to final.
MITIGATION:
The Hospital is defined as an "Essential Public Facility. Section 26.104.100 states, "A facility
which serves an essential public purpose is available for use by or benefit of, the general public and
serves the needs of the community." This section also states that a proposal done for an Essential
Public Facility shall be evaluated for actual employee generation. The applicant believes that there
aze factors that should be considered in evaluating the employee generation rate for mitigation
purposes. They aze as follows:
• Volume -The number of FTE's changes from: low seasons (spring and fall) to high seasons
(winter and summer).
• Support Services -There are administrative needs supporting basic functions of the
Hospital that aze not volume/census driven and will not fluctuate during different seasons.
• Decompression -Many Hospital employees' function within confined spaces. The
renovation and expansion will provide more room to perform the duties for some of the
existing number of employees.
• Increased Efficiency -Increasing the facility will allow the Hospital to take advantage of
technology that will enable the Hospital staff to perform functions more efficiently;
therefore, some of the increased space will not increase the number of employees.
The medical office space is proposed to add approximately 17,716 gross squaze feet of leasable
space for local physicians. The applicant used the employee generation rate associated with mixed-
use projects. According to the applicant's calculations, the medial office space will generate 46
FTE's, calculated as follows:
12,401 *squaze feet X 3.7 - 1,000 = 45.88 FTE's
(* 17,716 gross square feet was reduced by 30% for corridors, etc.)
i
Staff believes the employee generation rate that should be used is Public, which generates 3.9
FTE's per 1,000 squaze feet. Staffs calculation foi• the medical office space alone, utilizing the
same squaze footage of 12,401, calculates out as follows:
12,401 square feet X 3.9 _ 1,000 = 48.36 FTE's
s
This is just one azea of the total expansion of the hospital. If the total new expansion squaze footage
were used to calculate the mitigation requiremenYat 100%, 539.74 FTE's would need to be
mitigated. ''
138,395 total squaze feet X 3.9 _ 1,000= 539.74 FTE's
Obviously, this figure is unreasonable. The Hospital is requesting that the City accept the housing
credits as part of their mitigation requirement and that Staff will work with them to come up with a
reasonable method to calculate the actual employee generation number. This can be done in the
form of an employee audit after one-yeaz completion of each phase of the project; however, it is
Staff's experience that the current employee generation figures aze not being provided to Housing
prior to construction and that the audits aze being forgotten in other cases.
RECOMMENDATION: The Board reviewed the application at their regular meeting held July 2,
2008 and recommended approval with the following conditions:
1. Credits shall be allowed to be used as part of the employee mitigation requirement.
2. Credits will need to be verified and approved by Staff' prior to final application.
3. Up-to-date employee numbers shall be provided to APCHA prior to final application.
4. Staff will meet with the applicant's representatives, prior to final application, as to the
methodology that will be used in calculating the employee generation rate for this Master
Facilities Plan.
',
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Jennifer Phelan
From: Tricia Aragon
Sent: Saturday, May 17, 2008 11:37 AM
To: Jennifer Phelan; Trisha Nelson
Subject: AVH DRC Comments
Attachments: Framework for Establishing Quality of Service.doc; Site Transportation Impact Study Report
outline.doc
Jennifer:
I am unable to provide a complete review of the land use application for AVH. Below is a list of the information needed to
complete my review:
o The traffic impact analysis (TIA) needs to be completed according to the attached outline. A quality of service
evaluation in the TIA will be performed according to the attached outline.
o A comprehensive drainage report must be completed according to the engineering department's design criteria.
This analysis must account for all off site basins and must consider the downstream facilities. It must also identify
whether or not these facilities are sized appropriately. The report must also include the analysis of drainage along
Castle Creek Road.
o The plan proposes raising Castle Creek road. The validity of this proposal still needs to be provided.
The following are general comments:
o Using the detention pond is not an appropriate use for snow storage. Adequate now storage areas within the
parking areas must be provided for. Additionally the use of the trail for snow removal operations is not the
appropriate use of this trail.
o The phasing drawings currently show all phases on one drawing. This drawing needs to be broken out in to
multiple drawings that show existing conditions and one phase per sheet.
o Currently the TIA recommends improvements to the entrance at Doolittle Drive. These improvements must be
shown on the drawings. The improvements recommended in the TIA are the hospital's responsibility (I need verify
with John Worcester).
o There is a 100 foot pedestrian, biking and road easement on the property. There is a question as to whether or
not any hospital improvements can occur in this easement.
Trish Aragon, P.E.
City Engineer
City of Aspen
130 S. Galena
Aspen, CO 81611 ~ y c''
Phone: (970) 429-2785
Fax: (970) 920-5081
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Aspen Valley Hospital
Parks Department Requirements:
1. An approved tree permit will be required before any demolition or access
infrastructure work takes place. Please contact the City Forester at 920-5120.
Mitigation for removals will be paid cash in lieu or on site. The overall mitigation
for removals during this phase of improvements already has a carry over from the
construction of the Obstetrics Unit.
2. A vegetation protection fence shall be erected at the drip line of each individual
tree or groupings of trees on site. This fence must be inspected by the city forester
or his/her designee (920-5120) before any construction activities are to
commence. No excavation, storage of materials, storage of construction backfill,
storage of equipment, foot or vehicle traffic allowed within the drip line of any
tree on site. There should be a location and standazd for this fencing denoted on
the plan.
3. The Parks Department is concerned about the lack of spacing for several proposed
Blue Spruce Trees. New locations and planting plan should be designed to reflect
appropriate spacing away from the new structure, existing vegetation and each
individual plant species. Parks Department can provide red lines to the applicants
landscape architects.
During the construction of the Obstetrics Unit a small portion of the pedestrian
trail, located at the hospitals current entrance, was realigned and partially
landscaped. This area needs to be completed with the addition of irrigation,
seeding and other vegetation if applicable. The applicant should design and
present this improvement for approval by the Pazks Department.
Once a final alignment for the Nordic trail is determined and approved by the
Pazks Department the alignment and use shall be memorialized with a trail
easement granted by the Hospital to the City of Aspen for use as a trail easement.
This should be identified (called out) on the site plans and in a signed easement
document. Support of the proposed Master Plan Facility is contingent on
acquiring an easement.
6. The proposed Nordic alignment is causing concern to one of the neighbors
adjacent to the proposed alignment. The applicant has to work through the
neighbors concerns and present the proposed solutions to the parks Department.
Support of the proposed Master Plan Facility is contingent on addressing these
concerns.
7. The current proposed Nordic alignment does not show a workable connection to
the existing trail connection located across Castle Creek Road. The connections
and toms have to be able to allow for the operation of a snow cat based on the
machines specifications and capabilities to properly groom, this includes the
overall skiing experience. Support of the proposed Master Plan Facility is
contingent on creating a workable connection and trail alignment.
It is critical that that the construction of the detention ponds and the trail
alignments are completed prior to the start of the winter seasons. Pazks will not
allow any construction activities of any kind to take place within the Nordic
alignments, or around the Nordic alignments. Construction impacts to these azeas
will greatly reduce the skiers experience and more importantly viability of the
snowpack.
9. It was discussed that the 2"d detention pond would be used for the storage of snow
removed from the property. This is not acceptable to Pazks and Nordic. Traffic
on the Nordic trail is limited to Nordic users and grooming equipment only. Any
other users will greatly decrease the skiing experience and decrease the viability
of the snow conditions. Re-alignment of the Nordic trail from the proposed
alignment might help address the need to store snow. As is proposed Parks can
not support the proposed project until this potential conflict is addressed.
10. Parks and Trails is also concerned with the proposed changes to the intersection
of the Hospital and Doolittle Drive.. The ~toposed changes will increase the
number of trail crossing conflicting with traffic and change the alignment of the
trail crossing castle creek road from Marolt to the bus stop. These are important
concerns to workout and make sure it does not create dangerous situations
between pedestrians and vehicles. The applicant should utilize the expertise of a
traffic engineer to review the plans and determine the best way to intermix the
uses.
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