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HomeMy WebLinkAboutagenda.council.regular.20101012 CITY COUNCIL AGENDA October 12, 2010 5:00 P.M. I) CaII to Order II) 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 may be adopted together by a single motion) a) Resolution #79, 2010 — Solar PV contract Phase I I and Phase 111 — Water Plant b) Resolution #80 2010 — ARC water features contract c) Resolution #81, 2010 — 1102 Waters Ave. — Extension of Ordinance #48 negotiation period d) Resolution #82, 2010 — Amendment to Three Trees LLC, M.S. 4610 — Si Johnson Ditch e) Resolution #83, 2010 - Meadowood Raw Water Service Agreement VII) First Reading of Ordinances a) Ordinance #23, 2010 — 1102 Waters Ave. — Historic Landmark Designation, Historic Landmark Lot Split and Ord. #48 negotiation VIII) Public Hearings a) Ordinance #15, Series of 2010 — Castle Creek Energy Center ( cont'd to Nov. 8 b) Council determination of Aspen Modern styles IX) Action Items X) Information Items XI) Adjournment Next Regular Meeting October 25, 2010 ✓ Stick to top priorities ✓ Foster a safe, supportive, innovative environment that encourages creativity and acceptable risk - taking ✓ Create structure and allow adequate time & resources for citizen processes. Demonstrate and invite active listening V I MEMORANDUM TO: Mayor and City Council FROM: Sam Irmen, Efficiencies/Utilities Coordinator THRU: Phil Overeyender, Utilities & Environmental Initiatives Director DATE OF MEMO: October 1, 2010 MEETING DATE: October 12, 2010 RE: The City of Aspen Water Department Treatment Facilities Solar Photovoltaic Energy System REQUEST OF COUNCIL: Staff requests the award of a contract to Sol Energy for the design and installation of a photovoltaic solar system at the Aspen Water Treatment Facility. The total contract award is for $304,795 and encompasses a 72kW Photovoltaic (PV) system with an Electric Vehicle (EV) charging station rough -in. PREVIOUS COUNCIL ACTION: This is the completion of a solar PV array at the Aspen Water Treatment Facility. The Solar PV Phase I contract was approved by council in summer 2008 per Resolution 2008 -46. BACKGROUND: The proposed Solar Photovoltaic Project for the Aspen Water Treatment Facility is the installation of additional solar panels (phases II and III) on the 2 MG Clearwell located at the water treatment campus. Phase I, a 21 kW system, was completed in 2008. This proposed project, Phases II & III, consists of a 72 kW add -on to the existing 21 kW system, with a rough -in for a future EV plug -in charging station. Combined, all phases will eventually provide the Water Treatment facilities with a total of 93 kW. DISCUSSION: Phases II & III of the solar photovoltaic installation at the Aspen Water Treatment Facility will combine with the existing Phase I to give us a total 93 kW of zero emission power generation. Also, included in this project is the rough -in wiring for a future EV plug -in charging station at the Aspen Water Treatment Facility. Combined with a matching grant (up to $150,000) from the Governor's Energy Office (GEO), the City of Aspen plans to invest $154,795 ($304,795 total) for the implementation of Phases II & III. FINANCIAL/BUDGET IMPACTS: Cost estimates in 2010 for Phases II & III were $300,000 for 42 kW of additional solar power generation. We have been awarded a Governor's Energy Page 1 of 2 Office (GEO) New Energy Economic Development (NEED) grant that will match us dollar -for- dollar up to $150,000, giving us the opportunity to increase the scope of this project to a 72kW system. The $150,000 provided by the GEO grant will be used for materials, with the remaining $154,795 provided by the City of Aspen to be utilized to cover the remaining costs for materials, as well as labor, training and all other incidentals. With the award of this grant, we will be able to install nearly three- and - one -half times, (72kW), the amount of solar power existing in Phase I of this project for approximately the same price. ENVIRONMENTAL IMPACTS: By converting sunlight directly into energy through the use of photovoltaic cells, we will reduce our carbon emissions as well as our carbon footprint. Furthermore, we will also eliminate our exposure to energy price volatility. The projected energy savings for Phases II & III are 4,488 tons of carbon emissions over 50 years. Combined with Phase I (1,309 tons of carbon emissions over 50 years), the completed system will have a 50 -year projected carbon emission reduction of 5,797 tons. Annually, the photovoltaic system will produce 134,052 kWh per year, and the average annual consumption of the Aspen Water Treatment Facility is roughly 204,000 kWh per year. RECOMMENDED ACTION: Staff recommends the award of contracts for Phases II & III of the solar photovoltaic system at the Water Treatment facility to Sol Energy of Carbondale, Colorado, in the amount of $304,795 for the design and installation of a 72 kW solar energy system with rough -in wiring for an EV plug -in charging station. ALTERNATIVES: Seek out other renewable energy projects in place of this PV proposal. Based on the final bid and the 50% matching grant of $ 150,000, the proposed PV installation is a cost effective renewable energy project. The grant is not transferrable to other energy projects and would be forfeited. Also, we could reduce this project in scope, to the originally proposed 42kW system. The overall cost for this proposal is $200,045, therefore reducing the overall cost, but using only $100,022.50 of the GEO NEED grant. PROPOSED MOTION: I move to approve Resolution # 7 9 CITY MANAGER COMMENTS: Page 2 of 2 RESOLUTION # ;'cl (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND SOL ENERGY LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING EQUIPMENT AND INSTALLATION OF SOLAR PHOTOVOLTAIC SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Sol Energy LLC, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Sol Energy LLC regarding Equipment and Installation Of Solar Photovoltaic System for the city of Aspen, 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, October 12, 2010 Kathryn S. Koch, City Clerk ,, W r , The Ott 4 eu CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 ehr119xeetf70eTee PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2010 -060. AGREEMENT made as of 12th day of October, in the year 2010. BETWEEN the City: Contract Amount: The City of Aspen Procurement: $235,536.00 c/o Water Department professional Services: $ 69,259.00 130 South Galena Street Aspen, Colorado 81611 Total: $304,795.00 Phone: (970) 920-5055 If this Agreement requires the City to pay an amount of money in excess of And the Professional: $25,000.00 it shall not be deemed valid until it has been approved by the City Sol Energy LLC Council of the City of Aspen. c/o Ken Olson r fi rnunril Aoor PO Box 217 Carbondale, CO 81623 Date: October 12, 2010 Phone: 970-309-3087 Resolution No.: For the Following Project City of Aspen Water Treatment Facilities Solar Photovoltaic Energy System Phase II & 11 Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Fee Schedule. The City and Professional agree as set forth below. Page 0 Agreement for Procurement and Professional Services SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB 500 Doolittle Drive, Aspen, Colorado 81611). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Detailed Warranty information is listed in Exhibit A. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. 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 December 31, 2010, with the installation and operation of all the equipment no later than December 31, 2010. 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. 8. 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 rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non - Assignabilitv. Both parties recognize that this Agreement is one for personal services and cannot be transfencd, assigned, or sublet by either party without prior written consent of the Agreement for Procurement and Professional Services Page 1 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. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of 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 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. 12. 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 are 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. 13. 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 are 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 Agreement for Procurement and Professional Services Page 2 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 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. 14. 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. Agreement for Procurement and Professional Services Page 3 (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 ($1,000,000.00) 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. (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 carried 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, conditions, and minimum limits are 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 certificate 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. Agreement for Procurement and Professional Services Page 4 15. Citv'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 Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are 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. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. 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 are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. 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. 19. Waiver. The waiver by the City of any teen, 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 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 forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding 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 BB 07 -1073) and 06 -1023 that added 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 Agreement for Procurement and Professional Services Page 5 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 are 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 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, Agreement for Procurement and Professional Services Page 6 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) Ten-ninate 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. (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 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. 21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or Agreement for Procurement and Professional Services Page 7 bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 22. Fund Availabilitv. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. 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 Agreement for Procurement and Professional Services Page 8 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 first written above. CITY OF ASPEN, COLORADO: PRIFESSIONAL: / e [Signature] [Signature] By: By: h 1. f 2 - OLSclq [Jame] [Name] (� Title: Title: f ( D r Date: Date: 3 *.' ZDIO Approved as to form: City Attorney's Office • 1PW -9/29/ 2010 - 6568448 -M:\ city \ purchasing \Templates \Procurement & Prof Sery \Procurement & Prof Serv.doc Agreement for Procurement and Professional Services Page 9 Exhibit A List of Equipment to be Purchased Conergy P 230 PA aluminum frame photovoltaic modules Sunny Boy 5000 /6000 /7000 inverters And 2099 V - Mounting hardware Schletter PV Max 3 racking system See the attached Specification sheets and Warranty details. SQ Lenergy Your Power. Your Choice. Section 3 Specifications Equipment Specifications and warranties r -.IVs :if), inn. FL, m 0. Imo Conergy P 230PA C01-IERG The Conergy P 230PA offers high output levels at an attractive price /perrormance ratio. Equipped with 60 efficient, polycrystalline cells, they have proven their value In practical applications and years of operation. They are characterized by high yields and a long service lite. Conergy P production Is certified to ISO 9001 International quality standards and Conergy continually monitors the producton process to Insure product quality. These high- etficiency modules are powerful and versatile enough for any application from residential through utility scale. Solar modules in the Conergy P- series are also available with monocrystalline and polycrystalline cells In other power classes and different module dimensions. Features: I Attractive price/performance ratio .. _ -•... , - . -. 1 HIgh- effclency3 -busbar cells 1 Cer09ed to UL1703, IECIEN61215, 61730 1 High-performance. *3% power tolerance _ 1 5 -year product warranty Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 128 SO !energy Your Power. Your Choice. -- f r II ill HI.- I I i .... ri d =e. on., all Conergy P 230PA Ini C011ERG 1 . 000 031 8l Module dimensions IM (LxWxH) 1652x 1000x 50mm/65.0 z 39.4 x 2.0 In Cd dimensions 156 x 156min/6.14 x 6.141n / cable Number of cells 60 scomm Module weight 22 kg148.5 U Static wmtl/snow load 5400PA/113psf Glass Tempered, A/8 coating I. holes Junction box IP65 Class es eoundmgh°k hdes 8S llsmm p45n"n Cable 900mn/35.4inPV Wire, 4 inn? - 0 Connector Ampheod H4 (MC4 canpatlMe) Certifications operating certification cULus, IEC 61215 Ed.2 Fee safety classification Class C Warranty Material and 5 years SI worxnmrdip warranty a so Power warranty 1 90%/12 years Aae.ena°a, Mnun Power warranty 2 80%25 years 1 Conergy P = 230PA 240 .. BA s.na srz.2,4 LICTo _ Rated power (Pa 230W 75 el c -: raa- 220 7A fir' : s Power tolerance ±3% 65 FT :,-4 :3,- 2001120 6A - v c3^r 180 3GOA Module eftidmrey 13S0% 55 1.,..i. , Q,„ 160 Maximum power voltage (V„,,) 30.00V 5A a;' ^' `' 1 10 .. \ Maxim power eurrenl(I„) 7.67A U 4A ;',.'„=TTY f-�_ 0. 35 in-^; IDe Open circuit voltage (Vd 36.8V 3 State r. A0 Short C sunset a 8.34A 2A ea Nominal Operating Cell 15 40 Temperature 15.3°C/I73.5 °F 11 20 T e m p e r a t u r e coefficient (P.) - 0.45%/°C 0 0 2 4 6 : 18 12 14 16 1B 20 22 24 26 28 30 32 34 76 0 Voltage Temperature coefficient (V.) -0.32%/°C Temperature coeflclent (1.) +0.04%PC — Current vs. Voltage -40°C •+85°C / — Power vs. Voltage = Operating kmperature range -40°F- +136 °F - filmdom system cottage 600V(OLy1000V filmdom MaxImrmr Series Fuse Rating 16A r 'M$ dTwCea4nu16TC)10Wwhm.25 lS Spectral tendT .... .. .. �. +Ammea Staked cat c. www.00nergy.com Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 129 SO 'energy Your Power. Your Choice. Limited Warranty Conergy P Series Photovoltaic Modules COIIERGJ in thin the Installation Manual or, it not Note: These warranty ferns apply Independently of specified therein. with industry best and as a supplement to the statutory and contractual methods and practices. guarantee rights which Inc buyer may enforce against 3. the Solar Modules were not used in its respective direct seller. accordance with the published technical speclicatlons. § 1 Limited Warranty 4. the Solar Modules were not used in accordance with Inc published of use, A. Conergy, Inc., 2480 West 26 Avenue, purpose Modules were not properly Denver, Colorado 80211 (hereinafter referred Inc stored befse and during Installation. to as - Conergy"). places the highest demands on Inc quality of Its products. Therefore, 6. interferences with modification or Conergy warrants only to the original retail changes to the Solar Modules or their purchaser ("Customer") that Inc Conergy P accessories were made without the Series Photovoltaic Modules ( "Solar Modules" express written consent of Conergy, or 'Modules" or "Products ") of type: 7. the Solar Modules were exposed to a. Conergy P160-S180M extraordinary environmental or other b. Conergy P 220 -K225P conditions (such as acid rain, salt c. Conergy P220 -S230P spray or heightened salt content In the d. Conergy 13220 -K230P ambient air or other pollution, excess e. Conergy P220 -S235P voltage, magnetic fields or similar will be free from defects in workmanship and influences) material for a period of 5 years. 8. the Module was subject to a force majeure (e.g. 5ghtnang strike, hag, fire, B. This limited warranty statement sets font vandalism or natural catastrophes) or Conergy's total and exclusive warranty other circumstances which are beyond obligation. Conergy does not assume. nor Conergy"s control. authorize any person to assure for It any other liability In connection with the sales of its D. In Inc case or a warranted situation, Conergy Products shall. at is sole discretion, enter repair or replace the Solar Module or provide additional C. This limited warranty may be transferable upon Solar Modules to rake up the loss In pave, if sale 01 Inc Product so long as Inc Product any. Conergy wil acquire legal We to each remains instated in is original location during Solar Module for which a replacement has the applicable warranty period. Any such been supplled. If Inc Solar Module in question transfer will not cause Inc beginning of any is no longer manufactured. Conergy is then new warranty period, nor shall the original entitled to deliver another type of Solar Module . terms or warranty period of this gorged which may be different In size. color, she warranty be extended by any such transfer. To and/or power. transfer Inc limited warranty, the transfers E. Replacement or repairs under terms of this warranty tl sham provide written notice. including (1) Inc transferee's full legal name, (2) Installation ty not renew or extend the original address, (3) date of transfer and (4) a copy of warranty period. . Inc relevant purchase orders) fa the Product. to the Customer Service address indicated in § F. Conergy's total and aggregate liability, if any, 4 below. in damages or otherwise. shall not exceed Inc . purchase price or Inc Solar Module as paid by § 2 Warranted Performance the Customer. Conergy guarantees to the Customer, that the Solar § 3 Territorial Scope / Warranty Period Modules will generate no less than 90% of the This applies geographically minimum power as specified m T is Limited Warranty Inc the Module's respective Solar Modules m and installed hi the data sheet to for a period s 12 years and no less than 80% 01 the minimum power as specified In Inc United States of Amerka and Canada. Module's respective data sheet for a period of 25 years. This guarantee covers exclusively loss of B. The warranty period begins on the day of performance due to cell degradation. Any loss of � (date of commercial hwolce) by Inc periomnance mat Is caused by material or progressive defects is not covered. § 4 Procedures hi the Event of a Complaint • A. The loss of performance must be determined by a testing unit authorized by Conergy by In the event that a Solar Module exhibits a defect or means of a valid test procedure conducted at defects which am covered under this Lingted Warranty, Standard Testing Conditions (STC). men please promptly contact Conergy Customer Service at 868486.6611. B. This warranty does not cover adverse effects on the Solar Modules which arise because: Please have the following information available when 1. the Solar Modules were not molesting us: assembled In accordance with the - Your name. address. postal code and a assembty instructions provided in the telephone number where we can reach you. respective Installation Manual, - The model description and serial number of 2. the Solar Modules were not the relevant Module (both Items may be round transported, installed, assembled. on the label of the hodtde). tested, operated or serviced in - Purchase receipt containing the purchase date accordance with instructions provided and vendors address. Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 132 50Lene Your Power. Your Choice. • - warranty Certificate of the faulty Module (e D. The foregoing provisions state Conergys available). entire liability. and the Customers exclusive - The date of installation. remedy, for any breach of warranty. express or - The location and address of the installation- implied- IN NO EVENT WILL CONERGY BE - A complete listing of the observed defects. the UABLE FOR ANY CONSEQUENTIAL OR device or test equipment readings and any INCIDENTAL DAMAGES ARISING FROM OR additional information that could help in OUT OF THE INSTALLATION OR USE OF analyzing the defect ANY PRODUCT. OR ANY BREACH OF - The size of the entire installation (in kWpy WARRANTY; WITHOUT LIMITING THE FOREGOING. CONERGY SHALL NOT BE Upon request. please provide Conergy with the LIABLE FOR PERSONAL INJURY, following documents and intonation: PROPERTY DAMAGE, LOST PROFIT. LOST • - Photos of the defective or damaged Module REVENUE. HARM TO REPUTATION. LOSS - The circuit diagran(s) of the Installation OF DATA, ADVERTISING OR - Test and recording equipment readings (for MANUFACTURING COSTS, OVERHEAD complaints based on reduced power)_ COSTS. LOST CUSTOMERS, OPERATIONAL DISRUPTIONS OR COSTS The stab of Conergy Customer Service will Inform you RESULTING FROM DISASSEMBLY. of any additional steps and will supply you with your INVESTIGATION. DISPOSAL, own. individual complaint number. Please provide this REINSTALLATION OR TRANSPORTATION number during any discussion related to the OF THE DEFECTIVE MODULE OR DOWN - processing of your complaint. TIME RESULTING FROM THE INSTALLATION OR USE OF ANY PRODUCT If the staff members at Conergy Customer Service OR ANY BREACH OF WARRANTY. Some request that you send Conergy purchase states do not allow the exclusion or limitation documentation which is more specifically defined of incidental or consequential damages. so the durng discussions. then please send this information above limitation or exclusion may not apply to either by mall or by fax to the following address: You- ' Conergy Customer Service E. This limited warranty statement shall be 2480 W. 2e Avenue. Suite 26B governed by the internal taws of the state of Denver. CO 80211 Colorado. without reference to conflict of laws Fax 720. 2794664 principles. The United Nations Convention on Contracts for the International Sale of Goods Please note that Conergy cannot accept tine delivery of shall not apply to Nis limited warranty any Solar Module without prior written authorization by statement. Any and all disputes arising out of Conergy. or relating to Nis IpNted wannty statement. any breach of warranty. the Product. or the § 5 Warranty Limitations and Final Provisions Installation esolved through resolved binding ablation conducted A. This Limited Warranty does not apply if the In Denver, Colorado. U.S.A. detects or discrepancies In the condition of the Solar Modules are not material and such defects or discrepancies are insignificant with respect to the value or conforming use of the Solar Modules. • B. Conergy is not liable for any delays or failure to provide the warranty performance listed in § 1 11 that delay or failure is caused by force majeure. war, war -like conditions. terrorism. earthquake, civil unrest, strikes, epidemics. fire. flooding or other similar cidlmstances which are beyond Conergys control. • C. THE WARRANTIES STATED HEREIN ARE IN • LIEU OF ALL OTHER EXPRESS WARRANTIES. IF THE CUSTOMER IS A BUSINESS OR ENTITY. ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARE DISCLAIMED. IF THE CUSTOMER IS A CONSUMER WHO PURCHASES THE • PRODUCT FOR PERSONAL, FAMILY OR . HOUSEHOLD PURPOSES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD IDENTIFIED IN § 3. ABOVE Some states do not allow imitations on how long an Implied warranty lasts. so the • above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other fights which vary from state to state. Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 33 • SMA SUNNY BOY 5000US / 6000US / 7000US / 8000US 4 4 • • Highest CEC efficiency in its class • Sealed electronics enclosure & • Ideal for residential or commercial • Integrated Toad -break rated OpticoolTM applications lockable DC disconnect switch • Comprehensive SMA • Sunny Tower compatible • Integrated fused series string communications and data • 10 year standard warranty combiner collection options • UL 1741 /IEEE -1547 compliant eft' US SUNNY BOY 5000US /6000US /7000US / 8000US The best in their class Our US series inverters utilize our proven technology and are designed specifically to meet IEEE -1547 requirements. Sunny Boy 6000US, Sunny Boy 7000US and Sunny Boy 8000US are also compatible with the Sunny Tower. Increased efficiency means better performance and shorter payback periods. All four models are field - configurable for positive ground systems making them more versatile than ever. Throughout the world, Sunny Boy is the benchmark for PV inverter performance and reliability. I Technical Data SB 5000US SB 6000US SB 7000US SB 8000US Recommended Maximum PV Power (Module STC) 6250 W 7500 W 8750 W 10000 W DC Maximum Voltage 600 V 600 V 600 V 600 V Peak Power Tracking Voltage 250 -480 V 250 -480 V 250 -480 V 300 -480 V DC Maximum Input Current 21 A 25 A 30 A 30 A g 1 Number of Fused String Inputs 3 (inverter), 4 x 20 A 3 (inverter), 4 x 20 A 3 (inverter), 4 x 20 A 3 (inverter), 4 x 20 A - (DC disconnect) (DC disconnect) (DC disconnect) i (DC disconnect) PV Start Voltage 300 V 300 V 300 V 365 V y AC Nominal Power 5000 W 6000 W 7000 W 8000 W AC Maximum Output Power NA @ 208 V 5000 W 6000 W 7000 W 7700 W@ 240 V o 8000 W @ 277 V AC Maximum Output Current (@ 208, 240, 277 V) 24 A, 21 A, 18 A 29 A, 25 A, 22 A 34 A, 29 A, 25 A N /A, 32 A, 29 A AC Nominal Voltage Range 183 - 229 V n 208 V 183 - 229 V@ 208 V 183 - 229 V @ 208 V N/A @ 208 V 211 - 264 V @ 240 V 211 - 2641/0240 V 211 - 264 V@240 V 211 - 264 V @ 240 V a 244 - 305 V @ 277 V 244 - 305 V@ 277 V 244 - 305 V@ 277 V 244 - 305 V@ 277 V AC Frequency: nominal /range 60 Hz / 59.3 - 60.5 Hz 60 Hz / 59.3 - 60.5 Hz 60 Hz / 59.3 - 60.5 Hz 60 Hz / 59.3 - 60.5 Hz Power Factor (Nominal) 0.99 0.99 0.99 0.99 3 i. PeaklnverterEfficiency 96.8% 97.0% 97.1% 96.5% 1 CEC Weighted Efficiency 95.5% @ 208 V 95.5% @ 208 V 95.5% @ 208 V N/A @ 208 V a 95.5% @ 240 V 95.5% @ 240 V 96.0% @ 240 V 96.0%@ 240 V a 1 95.5% @277V 96.0% @277V 96.0% @277V 96.0 % ©277V - Dimensions: W x H x D in inches 18.4 x 24.1 x 9.5 18.4 x 24.1 x 9.5 18.4 x 24.1 x 9.5 18.4 x 24.1 x 9.5 f Weight / Shipping Weight 141 Ibs / 148 Ibs 141 Ibs / 148 Ibs 141 Ibs / 148 Ibs 148 Ibs / 152 Ibs 1 Ambient Temperature Range -13 to 113 °F -13 to 113 °F -13 to 113 °F -13 to 113 °F Power consumption at night 0.1 W 0.1 W 0.1 W 0.1 W Topology Low frequency transformer, Low frequency transformer, Low frequency transformer, Low frequency transformer, t true sinewave true sinewave true sinewave true sinewave Cooling Concept OpthCooITM, OptiCooITM, OptiCootTM, OptiCootTM . forced active cooling forced active cooling Forced active cooling forced active cooling Mounting Location: indoor / outdoor (NEMA 3R) •/• •/• •/• •/• o LCD Display • • • • Communication: RS485 / wireless 0/0 0/0 0/0 0/0 1 F Warranty: 10 years / 15 years / 20 years 6/0/0 610/0 .1 •/O /O a Compliance: IEEE -929, IEEE -1547, UL 1741, UL 1998, FCC Part 15 A & B • • • • Specifications for nominal conditions • Included 0 Optional $ NOTE: US inverters ship with gray lids. : Efficiency Curves 9,m96.md. manes I a ear _ 98 all ammo 1- � T des from aqK s..1 q - v... ddr ma m.,.d c 96 daq ,` B , Saw, Parisi 9/ 7 92. /' - Urv' 250 V DC -- Uw'310V DC 4111111111111•119 i a 90. 6. ddm Awag. and " . do bmdamlC 93 9d 1 r 88 g P hvmi.lm _ 86 SB 200W5 I 1 - n n .e..u . sb aaa lit P4aoar i n I O 1000 2000 3000 4000 5000 6000 7000 P,,c [W] Z 7 a TeI. +1 916 625 0870 Toll Free +1 888 4 SMA USA www.SMA - America.com SMA America, LLC SMA SMA Factory Warranty 10 Year Warranty A ten year warranty applies to the following products: SB 700 -US, SB 2000HF -US, SB 2500HF -US, SB 3000HF -US, SB 3000 -US, SB 3800 -US, SB 4000 -US, 5B 5000 -US, SB 6000 -US, 5B 7000 -U5, 58 8000 -U5, 5B 8000TL -U5, 5B 9000TL -U5, 5B 10000TL -US, Sunny Tower 36/42/48, WB 3000 -US, WB 5000 -US, WB 6000 -US, WB 7000 -US, WB 8000 -US purchased after November 1, 2009. 5 Year Warranty A five year warranty applies to the following products: SB 1100U, SWR 1800U, SWR 2100U, SWR 2500U, SB 3300U, SB 3800U, SB 6000U, SI 4248U, SI 5048U. A five year warranty also applies to 5MA Bluetooth® Repeater, Sunny Beam with Bluetooth®, Sunny WebBox, Sunny WebBox with Bluetooth®, Sunny SensorBox, SC /SB Combiner Boxes purchased after April 1, 2005. Extended Warranty For the following devices you can acquire an extension of 5 or 10 years on the SMA factory warranty, from the date of the original warranty period. 5 Year Extended Warranty: Sunny Boy 2000HF- US /2500HF- US /3000HF -US Sunny Boy 8000TL- US /9000TL- US /10000TL -US Sunny Boy 700 -U5, Sunny Boy 3000 -US /3800 -US /4000 -US Sunny Boy 5000 -US /6000 -US /7000 -US /8000 -U5 Windy Boy 3000 -US /3800 -US Windy Boy 5000 -US /6000 -US /7000 -US /8000 -US Sunny Island 4248U/5048U 10 Year Extended Warranty: Sunny Boy 2000HF- US /2500HF- US /3000HF -US Sunny Boy 8000TL- US /9000TL- US /10000TL -US Sunny Boy 70005, Sunny Boy 3000 -US /3800 -US /4000 -US Sunny Boy 5000 -US /6000 -US /7000 -US /8000 -US Windy Boy 3000 -US /3800 -US Windy Boy 5000 -US /6000 -US /7000 -US /8000 -US Sunny Island 4248U/5048U N Please contact the SMA service hotline for more details at +1 916 625 0870 or by fax +1 916 625 0871. The SMA factory warranty covers any repair or replacement part costs incurred during the agreed period, beginning on the device's purchase date, subject to the conditions listed below. This is not associated with the 1 8 durability warranty. 0 Warranty Conditions If a device becomes defective during the relevant SMA factory warranty period, one of the following services, as selected by SMA, will be performed at no charge for materials or labor costs: • Repair at SMA, or • Repair On -Site, or • Exchange for a Replacement Device (of equivalent value according to model and age). In the case of an exchange, the remainder of the warranty eligibility will be transferred to the replacement device. In such an event, you would not receive a new certificate, as your eligibility is documented at SMA. For determination of warranty eligibility, please submit a copy of the purchase receipt, or a copy of the warranty certificate, and if applicable, evidence of the warranty extension. The type label on the device must be completely legible. Otherwise, SMA is entitled to refuse to provide warranty services. Please report defective devices to our service hotline at +1 916 625 0870 or by fax to +1 916 625 0871 providing a brief description of the fault. On workdays, we generally send an equivalent replacement device, packaged appropriately for transport, within 48 hours. The defective device is to be packed in this transport packaging for return transport to SMA. If the warranty applies, and if SMA has a branch, or service partner, in the country in which the device is operated, the transport costs are covered by SMA. Exclusion of Liability Warranty claims and liability for direct or indirect damage are excluded if arising from: • Transport Damage, • Incorrect Installation or Commissioning, • failure to Observe the Maintenance Regulations and Intervals, • Modifications, Changes or Attempted Repairs, • Incorrect Use or Inappropriate Operation, • Insufficient Ventilation of the Device, • failure to Observe the Applicable Safety Regulations, • force Majeure (e.g. lightning, overvoltage, storm, fire), or • Cosmetic Shortcomings (which do not influence the supply of energy) Further - reaching or additional claims due to direct or indirect damage, especially claims for compensation for damages due to loss of profits or due to costs arising from disassembly and mounting, are excluded if no legally mandatory liability applies. In addition, our general terms and conditions of delivery apply. They can be downloaded from www.SMA- America.com. If requested, we can also send you a copy of our general terms and conditions of delivery. Please contact our service hotline at +1 916 625 0870. N 0 SMA Solar Technology America, LLC 6020 West Oaks Boulevard, Suite 300 y Rocklin, CA 95765 Tel. +1 916 625 0870 Tel. +1 877 697 6283 (Toll free, available for USA, Canada and Puerto Rico) Fax +1 916 625 0871 Service @SMA - America.com www.SMA - America.com SoLenergy iir % /1\ Your Power. Your Choice. Altemative Racking Option Since installing the original 21 kW PV system, in 2008, pricing on the 2° galvanized steel pipe has , increased significantly. As a more cost effective option, we recommend consideration of the Schletter PV MAX 3 racking system. This system is especially designed for applications where there is an existing concrete slab for attachment. It is very similar to the DPW rack in the way that it attaches via flanges screwed into the concrete. As you can see from the picture, the racking configuration is slightly different from the DPW rack but with the arrays at the same height and tilt angle, the overall look would be very similar and it would cost $0.22 per installed Watt Tess than the DPW racking. The cost for a PV system using this racking altemative has been provided in the cost section. The standard warranty for this option is 10 years and it is possible to purchase a warranty extension up to 25 years. I 1 I , °J 0 be. 7 # t% ul j � \ 1; ' Front: 1 Concrete dowel pq4� a sea 0 F Iv IP i , `Y s 4y " � Rear: 2 Concrete dowels r 1 Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 114 j 'a 1- 1 G On h e___ y�y - m % 0 0 00 g n n Ul GI s- C 0 O a O 1--b-1 c b I —I I-a-i r 0 Hz* - H CU N N 6.. 0 a O ry .._ SOLenergY Your Power. Your Choice. Monitoring: Any new PV capacity can be added to the existing Fat Spaniel Monitor at no additional cost to the City. The current monitoring contract is a five year contract that started in September of 2008. The display would show statistical information and graphics for the existing array, and new arrays, on the same dashboard. The City would be able to demonstrate the total energy production of the entire integrated system, to the public, via a kiosk in a public building and /or via a link on the City website. For energy production and tracking purposes, City personnel are able to download current and historical production data and can specify custom date parameters as the increments of time that the information should be displayed in — hourly, weekly, monthly, and annually. Below is a spreadsheet downloaded from the Fat Spaniel website, demonstrating monthly production of the existing 21 kW system from September 2008 to August 2010: System Energy Output Site Name: Aspen Water Treatment Plant Time Zone: US Mountain Creased By katharine. rushton Report 26. S i+} , 7...... ; a.._w ,�, .e. ;� Interval Sum t r -; � 2x z t - """O`rll�iirt 01/09/2008 0 455.12 01/102008 0 2900.5 01/112008 0 1627.37 01/122008 0 616.7 01/012009 0 1031.23 01/022009 0 2403.4 01/032009 0 3207.96 01/04/2009 0 3073.86 01/05/2009 0 2961.34 01/062009 0 2672.89 01/07/2009 0 3132.18 01/082009 0 3259.72 01/09/2009 0 2611.47 01/102009 0 2293.77 01111/2009 0 2466.53 011122009 0 1331.72 01/012010 0 1696.12 011022010 0 1792.41 01 /03/2010 0 3247.69 01/042010 0 2729.1 01/052010 0 3305.48 01/06/2010 0 3073.32 01/07/2010 0 3156.83 01/082010 0 2547.74 Total 57594.45 Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 116 'SoLenergy Your Power. Your Choice. Option 3 - 72 kW - Production Estimates. Using a derate factor of 0.82 , a module orientation of 194° and a tilt of 40 °, the year one production calculation for the 72kW array is 112,332 kWh/yr. With a derate factor of 0.79, the year one production calculation for the 72 kW array is 144,067 kWh/yr. PV Watts calculation data demonstrating these production figures has been provided below: Option 3 - 72 kW, with 0.82 Derate Factor. Station Identification I - Results _ ;City: !Eagle I Solar AC Energy I ----11C Month Radiation Energy Value State: Cdorado I (kIllabO3ry) (kWh) ($) La ____ � - 39.65° 1 4 1 8052 II 676.37 I ,Longitude 1 10692° w I 2 4.95 1 8247 II 692.75 l Elevation: __ - 19SSm - ._ -3 5.47 9897 11 83135 1; PV System Specifications 4 6.17 10476 1 879.98 II DC Rating: 171.8 kW 1 5 6.15 I 10353 II 869.65 11 inc to AC Dente Factor. 10.820 I v 6 6.52 1 10326 11 86738 1! :AC Rating: 158.8 kw 1 I 7 6:24 10039 L 84328 U Away Type: Fixed Tik 1 8 ! 6.38 10430 1 876.12 II 1 Array Tilt: 140.0° 1 9 6.21 1 9922 11 833.45 1 I AaayA dL 180.0° 101 5.73 I 9710 I 815.64 I ) (Energy Specifications 11 4.46 I 7698 II 646.63 II Cost of Electricity 8.4 p'kWh 12 ' -- 3.87 7182 I 60329 11 Y ear . 5.53 1 112332 I 9435.89 1, Option 3 - 72 kW. with 0.79 Derate Factor Station Identification 1 P Results City 1Eag1e i Solar AC Energy :State: - Colorado Month 4 OARadiation �� Value { ;Latitude: 39.65° N 1 _ 4.35 1 7753 I 651.25 II ( Longitude: 110692° W 1 2 1 - 4.95 7940 1 666.96 J1 ,Elevation: 1985m i----- 3 j 5.47 f 9531 11 800.60 I PV System Specifications 4 6.17 j 10058 I 84739 Ii rDCRa' �- 71.81 ' L m€ 1 5 6.15 9965 I 837.06 1 DC to AC Dente Factor. 10.790 . 1 6 : 6.52 1 9939 II 834.88 11 'AC Rating: - �_ 156.7 kW 1 7 1 6.24 I 9663 11 811.69 11 Array Type: - Fixed Tilt 8 6.38 10041 1 843.44 11 Any Tilt: 40.0 9 j 6.21 9555 1 802.62 ii II Away Azimuth: 1180.0 1 10 1 5.73 1=1 1 785.48 11 Energy Specifications 11 I 4.46 II 7411 I 622.52 11 Cost of Electricity. 18.4 c4:Wh 1 12 1 3.87 11 580.69 11 I Year ' 5.54 11 108152 II 9084.77 11 Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 51 SO Lenergy �i %A U. Your Power. Your Choice. Shading Analysis For the most part, the clarifier cover is free of any significant shading. The original array was placed 17.5 feet away from the front of the pad, to avoid shading from the building to the south. A new array to the west of the original would also be completely unshaded. Shading analyses were performed using the solmetric shading analysis tool. Pictures were taken at the NW and NE comers of the clarifier cover. The results demonstrate that photovoltaic arrays in these locations will experience some shading from the trees to the side of the pad in these locations. Should the City decide to maximize the size of the PV system and fill the available space, we recommend that the trees in these comers be removed. Shading Analysis — NW Comer of Clarifier Cover. ,.' -:4 01111111.11.1n — r 0 r r Y � t k; k J ,.. F oA r :. s.l: Access Awal: 99% %a7 -OSt: 9011 as... 4 ,,:;:; llarAP- f7% "'" :I k Data by Solmetric StrEye"• — www.solrretric.com Monthly solar amass: (Find; Tilt =39r: *zS 1aM) 90% 93% t9% 9T% g% em 9l% iI Jan Feb Mar Apr May Jun 3d Aug Sep Oet nor Dee Data by Solmeb'ic SrrEye' — www.solmetrk.com Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 152 SOLenergy Your Power. Your Choice. Shading Analysis — NE Comer of Clarifier Cover. 4 � � 1. :00 MOD � •160 Si l t 18: j . • z .,iV -r r s •. Sdar Aasf - Aewal: 816 - N. �• 0211 ' .. Me-Ap: tlx D at a by Solmetric Sw&ye" — www.solmetrk.com Mo n thly solar accent (Fixed; Tit =art A:Im =1sr) 8A6 %% 81% i ul n h ii II u 8296 82% 8A6 i i I. lan Feb Nor A pr Mp lun .l:A Aug Sep Oct Ho* Dec Data by Dalmatia SunEye" -- www.solmetric.com Inter row shading calculations Options 1, 2, and 3 each have several rows of PV arrays. Each row has been precisely placed to avoid shading from the array in front of it. Inter row shading calculations were performed using the minimum sun angle which will occur at 9am and 3 pm on the winter solstice. it;", ........ 13'8" - _ 13 ,. 89" - S9 _.. . • l0 5" 22 10 1 10 5" Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 53 50Lenergy Your Power. Your Choice. d 05* 1 Lis p i It O \ J a t Is") e. if , fl N y • 3 dQ ► mat t el 6„ L a W aQ L a 4 t W o ° 4) t O U r.. o a ' C G es I :9 in i 4 ea la ea E in i 9Z a a - Z ° � w *r. • s E E It is d 121 es 4 1 •l ° Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 163 V9Ia6ed £L9L9 *00'alepuocpe0'LLZ 'cog O'd'011A _ y r l z -, y .# 4.' 1 ` a ti < #t�'1" J�` I,.c .l` S : � t ° 8 'P t _y � ,Y r f r YIrS T'`+ v 7e i _.,! MT �.) m L - : '_,_ „ ' .i . �,\.. i k ice, it G 2. - W ;- . 4i. 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Uc - , 1 O r �t ` .. � `s c.e+sr .ate' o n ..-c - { ; b V \ � 6 'a310113 m °A "iaMOd mg A2Jaual OS 99 I a6ed £Z919 '03 'aiepuocpe3 'L12)(09'0' d '311 A6.1au3 1 • - E .. — z rI. s i c 1.• O p GG1171F� p ® � I k r• � r ' v� : :4 r" • pE NI r L Fd a' ` N -� ', m m1 f p 1 L 4a1 ! ` I V 0 ta 44 Imo' x s :� 2 IBC oA Y y(�. 1 11 C v sr tit Y O .. • m a L I rtt'4 U > - y 0 .,i'"''',:\ i 'i O W 1:1 CrT4 o U y� ; i v y 3 u - i 2 Gr LZ Y = w O ,z z ?? . . � ,, K r a i' /' U C O . •p4 1 � , I c� O �y CA l i 3 0 - .4 't-', l 1 r i E< E Y ( tl 1 v E ' , W + i, • 0 CC U 0 V CS L I; *ma 0 a nflpit.O a Z' y 1 r. �O t k ^ . . °, � "�" y y 4 • O C . > - ,r . - 4 \ b y ao;o43 moA lamed JnoA ASaaualOS 99 1 abed £391.9 '03 'alepuogpe3 'LIZ x09 'p'd '311 M8 1 ■ 1 1 1 • ■ ■ 1 1 w a 1I! 1 ; s 1.P 4 4 € * M)IL6 -Z uolld0 - aullaugl uol ;ellf W� - 9 ' O9009 r i(8.1aua9Q5 EXHIB'rr C Option 3 - 72 kW Turn Key Photovoltaic System Equipment 72 kW PV system ( Modules, Inverters) $191,900 Mounting Hardware $38,147 Monitoring $ Balance of Systems $5,239 Equipment Total $235,286 Labor Installation $42,447 NC Electrical $5,764 Roofing $15,423 Testing/Commissioning $2,400 Training $725 Labor Total $66,759 Permits Pitkin County (estimate) $1,500 Permits Total $1,500 Taxes Pitkin County Use tax (0.5 %) nia Taxes Total $0 • Total Cost $303,545 Per Watt Cost $4.23 Invoicing 20% of the total contract cost shall be paid upon the "Notice to Proceed ". 50% shall be paid upon the delivery of the panels and inverters at the Water Treatment Plant located on Doolittle Road in Aspen, CO. The remaining 30% shall be paid upon the final conditioning and satisfactory performance evaluation. SOL Your Power. Your Choice. EV Charging Rough -in Cost asiespat Price Estimate for EV Charging Rough in SOLenergy City of Aspen Water Treatment Facility Your Power. Your Choice. 500 Doolittle Drive, Aspen, CO 81611 Materials ( conduit, wire etc) $250 Labor $250 A/C electrical $750 Total $1,250 Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Pagel 60 v t MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR THRU: JEFF WOODS, MANAGER OF PARKS & RECREATION DATE OF MEMO: SEPTEMBER 30, 2010 MEETING DATE: OCTOBER 12, 2010 RE: CONTRACT TO PURCHASE AND REPLACE WATER FEATURES AT THE ASPEN RECREATION CENTER REQUEST OF COUNCIL: Staff is requesting the approval of the attached contract for the amount of $33,780.00 with Rain Drop Products for the purpose of purchasing and replacing water features in the ARC family pool. PREVIOUS COUNCIL ACTION: Council approved funding for the purchase and replacement of Water Features in the Asset Management Plan during the 2010 budget process. BACKGROUND: The ARC opened in April of 2003. In the 71/2 years the ARC has been operating we have found certain issues regarding the operation of existing water features, that and a fresh look after 7'/ years will be nice at the ARC. The issues relating to the existing water features are this: • Water Spray ARCH: The existing water spray arch provides a continuous wall of water between the lazy river and the family pool. The issue is that the wall of water blocks the view of certain areas of the pool from the lifeguard's line of sight therefore creating a safety hazard if someone was in trouble while using the pool. This water feature sees little use due to the safety issue. • Water Massage: The current water massage puts out a large volume of water such that it is quite rough and something that users stray away from when activated. It is therefore used very little. • Water Geysers: currently the water geysers are a feature that is quite popular, but when activated it creates adverse consequences when kids sit on them. This causes us to shut down the pool for a period of time which becomes a customer issue. DISCUSSION: The addition/replacement of these water features will add new excitement to the experience of ARC users, eliminate safety issues, prevent nuisances to other patrons, and introduce a feature that includes toddlers to the fun elements of using the ARC pools. After 7'A years of operation, locals as well as guests will be pleased to see the changes and a fresh look at the ARC. These features will also fit the current pipe attachments with little or no modifications. The current pump sizes can also accommodate the features being added. Features being introduced: • Dumping Trough: Replacement of the water spray arch will be with the dumping trough found in your contract packet. This feature will fit in the same location and fill a trough with water then dumping it all at once when the trough is filled. The dump will happen quickly thus maintaining a sight line for the lifeguard in that area. • Water Cannon: Replacement of the water massage will be with a water cannon interactive feature for kids. There is plenty of deck space in this area so the kids can use the water cannon to spray each other. Very interactive for kids and parents, a huge hit in other pools and something that will generate a new excitement for kids at the ARC. • Old Salty: The introduction of Old Salty should help with the issues from the geysers. We will have a motion detector associated with Old Salty so when kids approach he will spout water at them, creating a fun feature and keeping or distracting the kids from sitting on the geysers. In addition Old Salty will cover one geyser as its water source, it's close enough to the other 2 geysers that we hope it will be generally more difficult for kids to sit on them. • Aqua Run: We always have patrons requesting a slide for small kids who are unable to navigate the large water slide attached to the family pool. Now their wishes will be answered by the introduction of this small feature for toddlers in the shallow end of the family pool, adding another exciting feature for the young ones. Staff believes that these features will create a new level of excitement at the ARC and thus generate additional revenues for future years. FINANCIAL/BUDGET IMPACTS: $48,000 was allocated in the AMP for the replacement of the water features. As you can see we are spending far less than was appropriated and staff feels we are receiving a fantastic price on this equipment and installation. There are no additional operational impacts to current funding levels. This equipment will not require any additional maintenance costs over the current features. ENVIRONMENTAL IMPACTS: No changes as far as any environmental impacts these features will have on the ARC operations. Water in the pool is circulated, filtered and supplemented when needed due to evaporation, splashing, and water carried away in swimsuits. The new features use the existing pumps, so energy used in operating these new features will be the same. RECOMMENDED ACTION: Staff recommends the approval of the contract for purchase of new water features at the ARC due to health and safety concerns at the ARC. In addition there is a new level of a fun factor these features will introduce at the ARC. ALTERNATIVES: We could continue to use the existing water features as they all function, but as mentioned earlier in this memo, they bring with them safety, health, and a lack of enjoyment in our wonderful Recreation Center. PROPOSED MOTION: I , motion to approve resolution # , a contract with Rain Drop Products, for the purchase of new water features in to be installed in the Aspen Recreation Center CITY MANAGER COMMENTS: ATTACHMENTS: "A" Contract for purchase and installation of new water features in the ARC. RESOLUTIONNO.60 Series of 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE PURCHASE AND INSTALLATION OF WATER FEATURES FOR THE ASPEN RECREATION CENTER, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there exists between the City of Aspen and RAIN DROP PRODUCTS LLC.; a mutual interest in providing New Water Features to be installed at the Aspen Recreation Center; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves this Procurement Agreement for the purchase and installation of water features to be located in the Aspen Recreation Center; and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th _ day of October _, 2010. 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 on the day hereinabove stated. Kathryn S. Koch, City Clerk H:\My Documents \Resolution.doc \C1/40.C■ta UIn The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 City Attorney's Office PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2010 -061. AGREEMENT made as of 12 day of October, in the year 2010. BETWEEN the City: Contract Amount: The City of Aspen c/o Aspen Recreation Center Procurement: $33,780.00 130 South Galena Street Professional Services: $ inclusive Aspen, Colorado 81611 Phone: (970) 920 -5055 Total: $33,780.00 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid Rain Drop Productions, LLC until it has been approved by the City P Council of the City of Aspen. c/o Mark Williams, President 716 Union Street City Council Approval: Ashland, OH 44805 Phone: 800 - 343 - 6063 Date: October 12, 2010 Resolution No.: For the Following Project: Aspen Recreation Center pool feature improvements Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Fee Schedule. The City and Professional agree as set forth below. Agreement for Procurement and Professional Services Page 0 SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB 0861 Maroon Creek Road, Aspen, Colorado 81611). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. The fountains manufactured by Rain Drop''' Products are warranted for five years from date of shipment against any defects in material or workmanship; excluding only normal wear and tear and improper operation or installation. The fiberglass reinforced plastic (FRP) and /or structural tubing furnished with the fountains has 25 -year unconditional warranty against rust and corrosion from the date of shipment. The liability of Rain Drop Products under this warranty is limited to the replacement or repair of defective material to the owner's designated location of such materials as they are covered by ty p Drop this warranty provided notice of such defect is delivered to Rain Dro Products, Ashlan d Ohio within the warranty period and within 15 days after such defect was discovered. Rain Dror Products shall not be liable for the shipping cost of return of such claimed defective materials to Rain' Drop Products odor shipping cost of replacement materials. Whether to replace or repair the feature is ultimately the decision of Rain Drop Products,LLC. This warranty is in lieu of all other warranties expressed or implied. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. 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 November 30, 2010, with the installation and operation of all the equipment no later than November 30, 2010. Upon request of the City, Professional shall submit, for the City's approval, a Agreement for Procurement and Professional Services Page 1 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. 8. 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 rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non - Assignability. Both parties recognize that this Agreement 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. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of 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 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. 12. 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 are 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 Agreement for Procurement and Professional Services Page 2 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. 13. 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 are 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 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. 14. 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 Agreement for Procurement and Professional Services Page 3 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 ($1,000,000.00) 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. (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 carried 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, conditions, and minimum limits are 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 certificate 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 Agreement for Procurement and Professional Services Page 4 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. 15. 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 Proper- ty /Casualty Pool. Copies of the CIRSA policies and manual are 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. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. 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 are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail retum receipt requested to the respective persons and/or addresses listed above. 18. 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. 19. 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 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 forbearance or indulgence. Agreement for Procurement and Professional Services Page 5 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding 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 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 are 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. Agreement for Procurement and Professional Services Page 6 (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 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 Agreement for Procurement and Professional Services Page 7 damages to the City of Aspen arising out of Professional's violation of Subsection 8- 17.5 -102, C.R.S. (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 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. 21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. Agreement for Procurement and Professional Services Page 8 23. 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 first written above. CITY OF ASPEN, COLORADO: P ' O [` `. ONAL: [Signature] [5 •' ature] • By: By: Ai& L [Name] [Name] Title: Title/ '7 a q � Date: Date: O V. ?: Approved as to form: City Attorney's Office Agreement for Procurement and Professional Services Page 9 EXHIBIT A Water Features Include: • Aqua Run • Dumping Trough • Water Fun Cannon • Old Salty • Remote Control Box • Bollard Activator - wireless Agreement for Procurement and Professional Services Page 0 q r ^_.�. 3.`x' =�i � " .- 1 a'i.3 ' � .. o 3 1 a.: - ^ .ter r } �¢ 5 -- rN' ,-- Aqua Ruxt . ; . ..L- - s. d � -y It *�p 30 ` a^ Zl gw e r . I _ d T • � F 2 Qsi n Drop Products LLc 1430.13 George Rd. Ashland, 0H 44805 * Phone- 419.207.1229 Toll Free - 800.343.6063 • Fax - 419.207.8902 www.rain- drop.com Aqua Run ARRN- 001.OM Specification 1 Revised 3 /12/08 Includes OMNIPOD �eY 1.0 GENERAL 4.0 INSTALLATION 1,1 The specified fountain slide shall be suitable for 4.1 Drawings and Instructions shall be supplied installation in SprayGrouids or Zero Entry Public by manufacturer for ease of installation. Swimming Facilities and shall be manufactured by Rain Drop Products. It shall operate at a water flow 4.2 Mounting shall allow the feature to be installed In rate of 75 gallons per minu Pumps and valves to existing or new (cured) concrete with stainless steel regulate flow shall be supplied separately. Installs- anchor wedges. For SprayGronds or pools an MNI- tion shag be supplied by others, PODS to mourn it at a later dale, take down for win - terization or for moving to another location is pro - 2.0 DESIGN: vided. 2.1 Construction: the feature shall be manufactured 5.0 WINTERIZATION from rigid fiberglass and other materials Inert to pool h sup to ctur ply high .1: Manufacturer ply strength PVC chemicals. Where metal or steel Is supplied as pad 5 and installation to instructions. igh of the component all such parts shall be manufa - plugs tured from 304 stainless steel, mild steel components (except valve body) shall not be used regardless of 6.0 WARRANTY rust preventative coatings. 6.1 Shall be tumished by manufacturer provid- 2.2 Piping)Stem: All piping connection shall be ing a guarantee against all defects In workman - mark from heavy -duty high tensile strength PVC. ship and material for a period of five years from the date of shipment, on all components. Ex- cluding only normal wear and tear and Improper 3.0 PACKAGING operation or installation. 3.1 Shall be packaged to protect against dam- age In transit. a a #Z Q°ZmT, �IT�IAtIm maw oc mm N ?OpCNV��c >.� z C : a tu rn mNym N mo -gym 111 -IIII -1 r_ Z - \ ` yz p 55DOZ DD N -IgD gi A 1 m r IT, 0 O nm O T. z z m c o 0 rp 9 '� >. p m 4 1F,' . _ III -11 1 1111111 N D- Q`LmA G'M ma:10 v _ m x� c� 04z-co z5i _. �. c� m9 ON C Too ry mr X cn 0 p D O < CO SO Q m< .,,,, m y2 m fn T N m loOgm za Z mo m 1r / n' �p 47Nr O m t •1. mm ��� m 1 K 4a 3 r q — — .. min ®Drop® 1 a€ TY' -LA TION DEMI M1 -.its-Products Lit P s TYPICAL INSTALLATION 1430 -B GEOR66 RD. ASMLANO. OH sums l , , Temem maun uxm maaaa — -- 1 \_ now -- } iv , ' a 5 >L e �„'&,,th. s + + •. a \ f 'i x `kb ,a -Ii-t.'0,-'-- '3 y , x '•= a ' „ * , la s 3 . u s .�,. Y'A' Dumping Trou • _ `y � -- f � f r k " �,, `�.. y �� y , � y �ss S "�2 � J fi �L1 + _ F ' _ k s f r Z . a f '4.4' -1 -^ t r 1 7 7 c A i w { L iF F 3 N i 7 ,if L ii 4 5 a , { ,gyp 4"'"-r°,- 'r f I � i i a , i rrA" ' a f S , � , ti c�yE . - Laa1/ a.a""S �` - ;i g,+ :� 9 - d ' , "Arr S- ° x d 4 g i .'S" i n % 5 '�. , ' .•„...44÷,- R' ` Syc - M"�i TM `„ ',' ,,,:.-,,W7,.. ,, 7 ' y f le _ m e rtk+ a .fir i `; �L i ....Ts.-- C 1 Custom ' Barn . 4 . , I a Theme i y , �r I -m ; -4 `1:20(3111 DITho . Products L ic — . 1430 -13 George Rd. Ashland, OH 44805 6 Phone - 419.207.1229 6 Toll Free - 800.343.6063 •Fax- 419.207.8902 •www.rain- drop.com Dumping Trough DMPT -001 Sp ecification Dumping Trough •OMNIPOD DMPT- 001.0M Revised 1/29/2009 1.0 GENERAL 3.0 PACKAGING 1.1 The specified water feature shag be suit- material with a smooth high gloss finish. Attach- 3.1 Shall be packaged to protect against dam - able for instailatlon in public swimming facilities ment flanges shall provide eight 3/4" bolt holes for age during transit. as well as SprayGrounds and shall be manufac- mounting at the base of the pipe and/or structural turd by Rain Drop Products. It shall operate at tubing. 4.0 INSTALLATION a water flow rate of 45 gallons per minute. Sup- plier shall fumish required features complete 2.3 Fasteners: shah be type 304 stainless steel for with all anchoring, fastening devices, required all 8 anchor bolt Anchor bolts for mounting to faun- 4.1 Drawings and instructions shall be supplied gaskets and base skirt. Pumps and valves to dation shall be expansion type anchor bolts. by manufacturer for ease of installation. regulate flow shall be supplied separately. Installation shall be supplied by others. 4.2 Mounting shall allow the feature to be in- 2.4 Structural Tubing Strength: stalled In existing or new (cured) concrete With 2.0 DESIGN Tensile Strength (Longitudinal) - 110,000 psi stainless steel anchor wedges. For Spray - Grounds or pools an OMNIPOD® to mount it at Compressive Strength (Longitudinal) - 50,000 psi a later date, take down far winterization or for 2.1 Construction: the feature shall be manu- Compressive Strength (Circumferential) - 26,000 psi moving to another location is provided. factured from rigid centricast fiberglass, molded fiberglass and other materials inert to pool 5.0 WINTERIZATION chemicals. Where metal or steel is suppled as 2.5 Base Skirt: shall be ABS Molded plastic made part of the component all such parts shall be In two piece construction to rigidly attach to stem. 5.1 Manufacturer to supply high strength PVC manufactured from 304 stainless steel, mild components and installation instructions. steel components (except valve body) shag not 2.6 Colors: shall be available from manufacturers be used regardless of rust preventative coat- color charts or with special colors upon request. logs. Colors are ultraviolet stabilized to inhibit fading. 2.2 Piping: and/or structural tubing shall be six inch rigid corrosion proof, reinforced fiberglass „ -- � ins ”' — ._ AMFLITlBLY XtlJ 680FgtlA0897i1 - £ SWISS HO 'ONtl7HStl'OU 111110110E10 111 - OT4 1l Sp pOdd -.'r _� 11‘1130 NOUVllVlSN1 M14AL ° C 4 d o Jcr V , :ia iwmmaiaoZu r i f _ me. . WI— 1 •xouuau , . ., 40diNW0 • Hef102LL 'JNidam ° _ =— ` J 6 D LL In LL Z ^� o E to. LL o e 1 L W V y w n D UbN 0 o 0 min. LC . W OH p S IN ; U H ------------------Iti 2 3¢ ■ .a 4 § b e - C r ] • 111 Elk 2 3 OI- cc J W o ':' 0 oc3 o ii ¢ a ° co ¢z O il. 7 LL = g Z p W 0 N ooh CC CC 0 EOM 0 o Zz w o 1-§ Z veer Nz 6 m -m Wl I- uea o ¢�¢P (050 Li Ca.g O. N 3 �Lll 0p L I0U J N O O7 Z tk g _� r AP ems 3 s .sck� n.�.� y „, t ,� q„, • 1'W : el-z- ��tia tie Water Fun Cannon r _ y5TV r (. t^Sa . 1 _ i _ / x� - I i ce * 1 � 4 b .<.-..,:...--: `.o x„"� ......6„..--..4.- -� - _ s. N'j+ 3� 4 ' M ` R a Y a^ l Ct s : .: �_ 1+ _ x �s y ` � a µ _ ' ` . V t. , a ., �, . ° i . 8 p ` 3 x w v, 34 `` ',y� - '� "' A ? $""`s d ' r 4 61J x. 4. 1 g-t;k zE�. . ; '`Vr n z s x _ E .e f - '� - *• i s��.; .e"'?sr �ti%+- . .E _,s'<- _ , �x ... s 'Y•F' x* t `� • • RI N _ �i ri c L,o m ''-'3' � Y -� >x . ¢ _- ( �....° } zT y3^j r r 3 be `" z114 I L i h R Aii 2:-:1::.,4,=2"i :Q4 i nn D •.•Products,LLC 716 Union Street Ashland, OH 44805 • Phone. 419.207.1229 • Toll Free. 800.343.6063 • Fax. 419.207.8902 + www.roin- drop.com Water Fun Cannon WFCN- 004 -OM Specification I Revised 12/16/2009 Includes OMNIPOD • 1.0 GENERAL material with a smooth high gloss finish. Attach- 3.0 PACKAGING ment flanges shall provide eight 3/4' bolt holes for mounting at the base of the pipe and/or 3.1 Shall be packaged to protect against dam - 1.1 The specified water feature shall be salt- structural tubing. able for installation in public swimming facilities age during transit. as well as SprayGrcunds and shall be manufac- tured by Rain Drop Products. It shall operate at 2.4 Fasteners: shall be type 304 stainless steel 4.0 INSTALLATION a water flow rate of 21/2 gallons per minute. for all anchor bolts, fasteners and bolt ring. Supplier shah furnish required features corn- Anchor bolts for mounting to foundation shall be plete with all anchoring, fastening devices, re- expansion type anchor bolts. 41 Drawings and Instructions shall be supplied quired gaskets and base skirt Pumps and by manufacturer for ease of installation. valves to regulate flow shall be supplied sepa 2,5 Base Skirt shall be ABS molded plastic rately. Installation shall be supplied by others. made in two piece construction to rigidly attach 4.2 Mounting shall allow the feature to be in- to stern. stalled in existing or new (cured) concrete with 2.0 DESIGN stainless steel anchor wedges. For Spray - 2.6 Colors: shall be available from manufactur- Grounds or pools an OMNIPOD'to mount it at 2.1 Construction: the feature shall be manu- ers color charts or with special colors upon a later date, take down for winterization or for lectured from rigid fiberglass, molded and other request. Colors are ultraviolet stabilized to in- moving to another location Is provided. materials inert to pool chemicals. Where metal hibit fading. 5.0 WARRANTY or steel is supplied as part of the component all such parts shall be manufactured from 304 stainless steel, mild steel components (except 5.1 Shall be furnished by manufacturer provid- vaNe body) shall not be used regardless of rust ing a guarantee against all defects in workman - preventative coatings. ship and material for a period of five years from the date of shipment, on all components. Ex- cluding only normal wear and tear and improper 2.2 Piping: and/or structural tubing shall be six operation or installation. Inch rigid corrosion proof, reinforced fiberglass , z , �C nm ` . • 1 .< - 6.0-M• 5 0 6 1 ® �m� Illrn � c _ §9 m • ��, ®-1 �_�� �,� ?9 p2 M z 0 �� °°& • = w r < 9 � `_ o MI ;A �m )- r >® § / ® = _ 9 3 _� > m m • < 2 m ; m ,D= § 7�(( , /_7� 9w � • • O • - . o § @ m o c � § � o 0 ` � z m / , „,,,,, ,Ni . 1/4.. 7 c ! .. ! ! ' r 2 1 of m ) . co on 0 . 0 Z . zm § -1 § » m oo gou Zm . 0 §( & m £ . / . ate mm ' -, c_ n Dpo tin | \ WATER INSTALLATION a �0U� La " �� ,. . .t . . . �_ fly ', "3, .F Z ` »y, ! $� ✓ J t --' v}mttipy_LMS "L -. . ;; 1 1 FW £ F P. {. " r; -s .. ..peas . r dx _4 > , t / j " F �, 3 yt E ,,,, - N , `n' lb. .. i ., }" .: t� �� h r ` Y• dy a1n rc� s_< 2 i l c �� t '� .yam riY. ;-.':-,-:;=.,-.,-- < + z :--Y-`,',-''::::.‘,_;;.: -tti' •,.� c . : i ms s / 1 ( Y r 1 /: g a T r Ti s. t ' "'4 r# mo , . _ � fv . y,. �- `'7 Y ' -'. '' x t '[ 't' T n 1 jam' y r m?T -r1sc; n LT = Old Salty Unit Price: S3,51 5 Flow Rate: 9 gpm Ra i n DImoptM , ..+— �Produlcts,L 716 Union Street Ashiond, OH 44805 • Phone. 419.207.1229 • Toll Free. 800.343.6063 • Fox. 419.207.8902 • www.rain- drop•com S Q f at n Spraying Fish SPFH -001 pecification Spraying Fish-OMNIPOD SPFH- O01 -0M Spraying Fish - MysticalFunTM SPFH - 001 -MF Revised 1/22/20091 • 1.0 GENERAL 2.3 Colors: shall only be supplied in the stan- 5.0 WINTERIZATION dard color as shown on the above pictured specified feature shall be suitable for rendering. 5.1: Manufacturer to supply high strength PVC 1.1 The s p components and installation Instructions. installation In SprayGrounds or Zero Entry Pub- lic Swimming Facilities and shall be manufac- 3,0 PACKAGING 6.0 FENRIREI FLOW OPTIONS tured by Rain Drop Products. It shall operate at a water flow rate of 5 gallons per minute. 3.1 Shall be packaged to protect against dam- 0.1 SPFH - 001: Standard Sprayin Fish feature only. Pumps and valves to regulate flow shag be e during transit. Shall operate at a flow rate of 5 GPM at 5 '- 0 ' Total supplied separately. Installation shall be sup a g g Dynamic Head ("TDB"). plied by others. 4.0 INSTALLATION 6.2 SPFH - 001 -0M: Standard Spraying Fish feature and OMNIPOD" adapter. Shag operate at a flow rate 2.0 DESIGN: of 5 GPM at 5. 0" Total Dynamic Head ("TDH"). 4.1 Drawings and instructions shall be supplied _ PFH - 001 -MF: Mystical Funw Spraying Fish 2.1 Construction: the feature shall be menu by manufacturer for ease of installation. feature only. Shall operate at a flow rate of .25 GPM lactlsed from rigid fiberglass and other materi- using high pressurellow volume pump and misting als inert to pool chemicals. Where metal or nozzles at outlets. steel is supplied as part of the component all 4.2 Mounting shag allow the feature to be in- such parts shall be manufactured from 304 stalled In existing or new (cured) concrete with stainless steel, mild steel components (except stainless steel anchor wedges. For Spray- valve body) shall not be used regardless of rust Grounds or pools an OMNIPOD•to mount it at preventative coatings. a later date, take down for winterization or for moving to another location is provided. , . , ,m x ' G m . . °° � 2 ig , n � m ��� . . m W WW . � ,, , p . ( 9 ( / § ■■ . § § e e ..t,_ ` \ ( � , , . § §§ § - $N . . / , k Q » DIM fit % �` , o I oD f a � »m__r , � � 0 2bLE , t �_ 1430-E §2 ° ASHLAND, � ■ • wimiol rip Drop@ --g Products,LLC AMMMIERNISAISIMingstsignesaitsv Adre 716 Union Street Ashland, 011 44805 • Phone. 419.207.1229 • Toll Free. 800.343.6063 • Fox. 419.207.8902 • www.rain- drop.com Central Processing Unit (Standard) CPU -A008 Specification Revised Nl6/101 L .1, i:legneDP f f pr'oduds 4 . o° 1.0 GENERAL Run to bypass the activation bollard and run 3.0 PACKAGING continuously, or Test/Manual Run as chosen by the system operator. 3.1 Shall be packaged to protect against dam 1.1 The Central Processing Unit (CPU) shall be P 9 responsible for controlling, distributing and tin- 2.3 Controls: The CPU shall be equipped with age during transit ing the distribution of water to the water fea- controls which allow each feature grouping to hues. be run individually or ht conjunction with any 4.0 INSTALLATION combination of water feature groupings as de- 2.0 DESIGN sired by the system operator. 4.1 Drawings and instructions shall be supplied 2.4 Outlets: The CPU shall provide from 7 to by manufacturer for ease of installation. 2.1 Construction: The CPU shall be housed in 12 outlets. a NEMA4 enclosure designed for wall mount 5.0 WARRANTY installation in an indoor or outdoor application. 2.5 Shutdown: The CPU shall be suppried with The CPU shall include all the necessary soft- pump Interconnects as specified, such intercon- 5.1 Shall be fumished by manufacturer provid- ware to provide a complete SprayGround op- netts shall shut down the feature pump or ing a guarantee against all defects In workman - era6on controlling the timing and frequency of pumps when operating program shuts down to ship and material for a period of one year from water distribution automatically to the specific prevent burnout. the date of shipment, on all components. Ex- water features In the system. It shall be cluding only normal wear and tear and improper equipped with a 24 -hour docking system for 2.6 Outputs: All control valve outputs are 24 operation or Installation. automatic daily activation and shut down of VDC. programming. 2.7 Size: Control Box shall be 16" X 17° X 8 2.2 Automatic Run: The CPU shall allow for 1/4" in overall dimensions. Automatic Run with bollard activation, Bypass • DlfCoVeR1'6 s. • • I M A6 14 p tl o ,) t W a Term The fountains manufactured by Rain Drop Products are warranted for five years from date of shipment against any defects in material or workmanship; excluding only normal wear and tear and improper operation or installation. The fiberglass reinforced plastic (FRP) and/or structural tubing furnished with the fountains has a 25 -year unconditional warranty against rust and corrosion from the date of shipment. The liability of Rain Drop Products under this warranty is limited to the replacement or repair of defective material to the owner's designated location of such materials as they are covered by this warranty provided written notice of such defect is delivered to Rain Drop Products, Ashland, Ohio within the warranty period and within 15 days after such defect was discovered. Rain Drop Products shall not be liable for the shipping cost of return of such claimed defective materials to Rain Drop Products or for shipping cost of replacement materials. Whether to replace or repair the feature is ultimately the decision of Rain Drop Products, LLC, This warranty is in lieu of all other warranties expressed or implied. "iletilleDPOP / ^Products,LLc 716 Union Street • Ashland, OH 44805 • 419 -207 -1229 • www.rain- drop.coin • EXHIBIT B Scope of Work A. Installation and start up of all water feature components and controls identified in Exhibit "A" Agreement for Procurement and Professional Services Page 13 Exhibi`l "C" Re i na D roP tM • .�.. r od U ct s, L 716 Union Sheet Ashland, OH 44805 • Phone. 419.2071229 • Toll Free. 800- 343.6063 • Fax. 419.207.8902 • www.rain-drop.com PURCHASE ORDER DATE: 9/20/2010 PURCHASER: . Aspen Recreation Center SHIPPING ADDRESS: Aspen Recreation Center BILLING ADDRESS: 0861 Maroon Creek Road 0861 Maroon Creek Road Aspen, CO 81611 Aspen, CO 81611 PHONE: (970) 544 -4100 FAX: (970) 5444137 ATTN: Erin Hutchings • REFERENCE #: 0015762 PROJECT: Aspen Rec. Center QUANTITY ITEM # DESCRIPTION UNIT PRICE TOTAL REPLACEMENT POOL FEATURES $8,100.00 $6,100.00 1 AQRN -001 AQUA RUN NO SIDE SPRAY ON AQUA RUN $8,200.00 $8,200.00 1 DMPT -001 DUMPING TROUGH-SPECIAL DUMPING TROUGH TO BE BUILT TO FIT OVER A LAZY RIVER $5,100.00 $5,100.00 1 WFCN -004 WATER FUN CANNON $5,500.00 $3,515.00 1 CFSF -001 CREATURE FEATURE -OLD SALTY $881.25 $3,525.00 4 BOL -A003 BOLLARD ACTIVATOR- WIRELESS EACH FEATURE TO BE CONTROLLED BY 1 (ONE) WIRELESS ACTIVATION BOLLARD 5W $4,500.00 1 CPU -A008 CONTROL BOX -PC REMOTE ACCESIBL CUSTOMER TO PROVIDE INTERNET ACCESS TO CONTROL BOX. RAIN DROP PRODUCTS TO PROVIDE WEB CAM FOR MONITORING OF FEATURES AT NO COST TO CUSTOMER. $0.00 $0 1 /CSER INSTALLATION SERVICES INSTALLATION COSTS ARE NO CHARGE TO CUSTOMER WITH PURCHASE OF RAIN DROP FEATURES Page 1of2 P fl as il 0 T -•• PPOdUCtS,LLC 716 Union StreetAshlond, OH 44805 • Phone. 419,2073229 • Toll Free. 800343 .6063 • Fox. 419.207.8902 • www.roin-droP•wn' PURCHASE ORDER DATE: 9/20/2010 • PURCHASER: Aspen Recreation Center SHIPPING ADDRESS: Aspen Recreation Center BILLING ADDRESS: 0861 Maroon Creek Road 0861 Maroon Creek Road Aspen, CO 81611 Aspen, CO 81611 PHONE: (970) 5444100 FAX: (970) 5444137 ATTN: Erin Hutchings REFERENCE #: 0015762 PROJECT: Aspen Rec. Center $32,940.00 • PRICE: F.O.B. Aspen, CO 81611 Freight: $840.00 Taxes: None Included - Extra if Applicable. Payment Terms: - Total Price: $33,780.00 Net 30 • $0.00 All prices are quoted for transactions tendered in cash /check. A surcharge of 2 112% will be accessed for credit card $33,780.00 transactions in excess of $20,000. CONDITION OF SALE: In the event of non - payment when and as due, Ram Drop Products, LLC may cease continued manufacturing or shipping until such payments with penalties, 11 any, or late payments are made by purchaser with no liability whatsoever on the part of Rain Drop Products. Should the purchaser fail to make subsequent payments as required, Rain Drop Products, LLC shall be entitled to retain payments previously made as liquidated damages. Quote Duration: 60 days Delivery Date: 5-6 weeks WARRANTY: As stated in the standard Rain Drop Products warranty attached hereto. There will be a 30% restocking fee applied to all returned goods. ACCEPTED BY: ORDERED BY: Rain Drop Products, LLC. Aspen Recreation Center 716 Union Street 0861 Maroon Creek Road Ashland, OH 44805 Aspen, CO 81611 Signature: Print Name: Title: Date: Page 2 of 2 • v 1 C MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director y0 FROM: Amy Guthrie, Historic Preservation Officer rr`" RE: 1102 Waters Avenue- Extension of Ordinance #48 Negotiation DATE: October 12, 2010 SUMMARY: In July 2007, Aspen City Council adopted an emergency ordinance, Ordinance #30, Series of 2007. That ordinance prohibited any exterior alterations, land use applications, or building permits affecting all non- landmarked buildings constructed at least 30 years ago, unless it was determined that no potential historic resource was negatively affected. The purpose of the Ordinance was to protect Aspen's significant architectural heritage; not only Victorians, but more modern structures as well. Ordinance #30 was in place for 5 months, during which time Council held numerous meetings to discuss the effect of the new regulations and potential amendments. In particular, Council wished to see the applicability of the Ordinance narrowed down dramatically from all properties over 30 years of age to a specific list researched by staff and found to potentially qualify for landmark designation. In December 2007, Ordinance #48, Series of 2007 was adopted to replace Ordinance #30. Ordinance #48 creates a formal list of potential historic resources in Aspen that may have historical, architectural, archaeological, engineering and cultural importance. Detrimental development or demolition actions affecting these properties will be limited while the City undertakes an evaluation of the historic preservation program via the HP Task Force. 1102 Waters Avenue is identified on the List of Potential Historic Resources as part of Ordinance #48. Owners of property listed on Ordinance #48 can still move forward with proposed projects if they: A. Submit the plans and seek staff determination that the work is exempt from delay under Ordinance #48 (routine maintenance work for example); or B. Submit plans and seek staff determination that the work, while not exempt from Ordinance #48, can move forward by voluntarily complying with Staff or HPC review (depending on the scope of work) of the project, or C. Refuse the option for HPC review and submit plans with the intention of triggering a 90 day delay period, during which time City Staff and Council will negotiate for appropriate preservation of the property. If the negotiation does not Resolution # , Series of 2010 1102 Waters Avenue Ordinance #48, 90 Day Negotiation Extension result in an agreement to landmark designate the property, the building permits will be processed as requested. In July 2010, the owners of 1102 Waters Avenue submitted an application for voluntary landmark designation, historic landmark lot split, and preservation benefits. The application has been reviewed by the Historic Preservation Commission, but could not be scheduled for City Council before the expiration of the negotiation period on October 19, 2010. Staff and the property owners request that the process be extended until November 22, 2010 to allow additional time to discuss options for the property. Staff appreciates the owners' efforts to consider preservation alternatives and we support taking additional time to work through the issue. STAFF RECOMMENDATION: Staff recommends that Council approve an extension of the time period to discuss voluntary historic designation and incentives with the owner of 1102 Waters Avenue to November 22, 2010. RECOMMENDED MOTION: "I move to adopt Resolution # \, Series of 2010: approving an extension of the negotiation period to discuss voluntary historic designation with the owners of 1102 Waters Avenue under Ordinance #48, Series of 2007 until November 22, 2010." CITY MANAGER COMMENTS: Resolution # J , Series of 2010 1102 Waters Avenue Ordinance #48, 90 Day Negotiation Extension A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE ORDINANCE #48, SERIES OF 2007, NEGOTIATION FOR HISTORIC DESIGNATION OF 1102 WATERS AVENUE Resolution No.% ) , Series of 2010 WHEREAS, 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado, is subject to Ordinance #48, Series of 2007. This Ordinance identifies potential historic resources and creates a review process for any proposed alterations. The Ordinance also establishes a framework for City Council to negotiate with the property owner to secure voluntary historic designation; and WHEREAS, the owner of 1102 Waters Avenue, Susan Geary Griffin, Bonnie Geary Grenney, and William Scott Geary are in the process of said negotiation. The owner triggered the negotiation period by submitting an application for a voluntary historic designation, historic landmark lot split, and preservation benefits. Ordinance #48, Series of 2007, provides Council with a 90 day period to discuss the application. Council is to be provided with a recommendation about the historic significance of the resource from the Historic Preservation Commission; and WHEREAS, the 90 day negotiation period for 1102 Waters Avenue will expire on October 19, 2010; and WHEREAS, a public hearing cannot be scheduled before City Council until October 25, therefore staff and the property owner are in agreement that more time is needed, and an extension of the negotiation to November 22, 2010 is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The negotiation period established by Ordinance #48, Series of 2007, as it affects the property at 1102 Waters Avenue, is hereby extended to November 22, 2010, the second regularly scheduled Council meeting in November. APPROVED by the Aspen City Council at its regular meeting on October 12, 2010. Approved as to form: John Worcester, City Attorney Attest: Mayor: Kathryn Koch, City Clerk Michael C. Ireland, Mayor HAAS LAND P ANNtNs G : LLC 201 N. MILL STREET, SUITE 108 - ASPEN, CO 81611 - (970) 925 - MHAAS @SOPRIS.NET ' To: Historic Thru: Amy Guthrie Date: July 15, 2010 Preservation and Sara Adams Updated Commission (HPC) September 13, 2010 Sub 1102 Waters Avenue, Aspen, Landmark Designation, Historic Lot Split, and Ordinance 48 Negotiation Foreword This application was originally submitted to the City of Aspen Community Development Department on July 21, 2010. After meetings and discussions with Amy Guthrie, Historic Preservation Officer, and City Engineer Tricia Aragon, the applicant has agreed to modify the requests made herein as follows: the applicant is no longer seeking the 500 square foot FAR bonus from the HPC; and the building envelopes have been adjusted to create greater setbacks from the Roaring Fork River. Introduction & Existing Conditions: This application volunteers Landmark Designation for 1102 Waters Avenue and assurances to its preservation in exchange for a Historic Lot Split approval and the granting of incentives available through Ordinance 48 negotiation. The home at 1102 Waters Avenue was built in 1967 and designed by Fritz Benedict, who many consider to be a founding father of the Modernist Movement of 20th century architecture in Aspen. The subject home was the "Ski Home of the Month" in the 1967 spring issue of Ski Magazine (see Exhibit 6 to read the full article, as written by Mr. Benedict). Readers of the magazine were invited to mail in $35 for a complete set of the working house /architectural plans. Fritz called this home's design the "Hillside House" and explained it as follows in Ski Magazine: Here is a deceptively small vacation house with the all important ingredient of expandability - equipped with double -deck bunks, it can sleep 11 people. Rough natural materials and strong, angular roof lines help the house cdmplement the mountain landscape. It is simple without being dull, and is completely honest. There are no false beams, fake peeling, plaster corners or Tyrolean gimmicky. The living room and kitchen form the heart of the house and are on the top floor. Fritz explains in the magazine article that one of the things he Learned while studying 1 under Frank Lloyd Wright at the Taliesen school was how part of the living room should have a low ceiling to get a real sense of shelter (a feeling of coziness). While a low ceiling was incorporated into the kitchen and entry area of the Hillside House, the living area feels spacious due to the fir beams sloping up the vaulted ceiling. The house also features a kitchen that is open to the living area; this element of the design was based on the thought that the person(s) doing the cooking should not be isolated. The bedrooms are located on the lower level, where double doors lead outside. The lower floor walls are concrete block, while the ceiling is stained fir beams and unfinished red cedar decking. The decking is also the flooring of the living room /kitchen level. A copy of the original building permit plan set for the subject house is attached hereto as Exhibit. 8. The design was meant to be adaptable to most mountain /hillside settings where topography allows both floor levels to be at ground level (on opposite sides). The home was built with rough and natural finishes that are easy to maintain yet blend with the mountain setting. The siding of the house is largely of concrete masonry blocks /units (CMU) for easy construction and maintenance. The home also features a "cold roof," which was an original Fritz Benedict innovation designed /engineered specifically for mountain homes. The roof is ventilated by two -inch stripping placed 16 inches apart. Unfinished cedar shingles are then laid over, leaving air space to prevent leaking. The subject property address is legally described as Lot 14, Calderwood Subdivision, and is owned by Susan Geary Griffin, Bonnie Geary Grenney, and William Scott Geary (collectively, the applicants). The applicants are the children of the original owner /developer of the property, who commissioned the design from Fritz Benedict. Fritz Benedict also happened to be the developer of the Calderwood Subdivision. See the 1967 General Warranty Deed from Benedict Land & Cattle. Co. to William J. Geary and Renee M. Geary (Book 261, Page 393) attached hereto as Exhibit 4. The property is situated within the R -15 Zone District. The Vicinity Map below shows the property's general location relative to the surrounding area. - "- t p / r 1 ( 1 / x yy •So,,,, 0 Dm., �.. t �k, de. f E Gat . � F „ r 'c . 1I 1 , '1i .. dig . . > y, 11 � # dl � i 8 f( ji a � p p ♦ aL 1 . � - W. 4 r; ," � i i iol.i5 'I 1 , GryHM on AI pow ihroDucal OAWHnVi 0 q 'roe Vicinity Map' - 1102 Waters Avenue 2 Section 26.415.025 of the City of Aspen Land Use Code (the Code) identifies a List of Potential Historic Resources (the "List "), "to prevent the loss of buildings, sites, structures, or objects...that may have historical, architectural, archaeological, engineering and cultural importance, and to limit the detrimental effect of development or demolition of these potential resources ... " The properties identified in Exhibit A of Ordinance No. 48, Series of 2007 constitute the "List," which includes 1102 Waters Avenue. Ordinance 48 was adopted to address the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability, and attractiveness as a destination. Owners of properties on the List, including 1102 Waters Avenue, cannot undertake any alterations, and neither building permits nor land use applications for alterations, demolition, or other similar development activity that substantially alters the potential Historic Resource may be accepted by the Community Development Department except as permitted in Section 26.415.025E. Said Code section provides for a ninety -day (90) negotiation period for properties on the "List." This 90 -day negotiation period is understood by the applicant, and the applicant further understands that this period may be extended an additional thirty (30) days by Resolution of the City Council. The filing of this application will trigger the start of this 90-day period. Ordinance 48 states that within the ninety -day negotiation period, "the Community Development Director shall offer to meet with the property owner to discuss the City's Historic Preservation Program and development and other benefits [emphasis added] that the property may be eligible to receive upon designation as a Historic Landmark" Furthermore, the Ordinance allows for the City Council to negotiate directly with the property owner or to direct the Community Development Director or other City staff as necessary to negotiate with the property owner to reach a mutually acceptable agreement for the preservation of the Resource. An owner who consents to designation of a listed property may concurrently submit any proposed development plans to be reviewed according to Chapter 26.415. As mentioned above, Ordinance 48 envisions a "mutually acceptable agreement" and "other benefits" when a property owner is pursuing Landmark status for their listed property. In exchange for the voluntary historic preservation of this property, the benefits that the applicant is seeking include the following: 1. Historic Landmark Lot Split approval. 2. Platting of building envelopes that thereafter supersede and replace otherwise applicable setback requirements, including those associated with Stream Margin Review, for each of the resulting lots. Any subsequent development within these building envelopes will not be subject to Stream Margin Review but will be subject to HPC review and approval. 3. A five hundred (500) square foot FAR bonus (no longer requested). 3 3. Waiver of the Affordable Housing (ADU or cash -in -lieu) mitigation requirements, the Park Dedication Fee, and a Parking Waiver for Lot Two (the vacant lot). 4. Ten (10) years of vested property rights. With the exception of the stream margin exemptions, all of the above - requested incentives are provided in Section 26.420.020(B) of the Code as already available developmental "benefits" that may be granted to landmark designated properties. Each of the requested incentives is discussed in detail below. Designation of Historic Properties The designation of properties to the Aspen Inventory of Historic Landmark Sites and Structures (the Inventory) is governed by Section 26.415.030 of the Code. In order to be eligible for designation, an individual building, site, structure, or object, or a collection of buildings, sites, structures, or objects must have a demonstrated quality of significance. Section 26.415.030(B)(2) states that, A property or district is deemed significant as a representation of Aspen's 20` Century, was constructed in whole or in part more than thirty (30) years prior to the year in which the application for designation is being made, possesses sufficient integrity of location, setting, design, materials, workmanship and association and is related to one or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional, or national history, b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified or documented, or c. A physical design that embodies the distinctive characteristics of a type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer, craftsmen or design philosophy that is deemed important. The City of Aspen's historic preservation program includes official context papers about the Post WWII architectural styles that have influenced the City, including Modernism. That paper describes Modernism as a style of architecture that began in the 20th century as a result of a clear philosophical shift in design practices and attitudes, and incredible changes in building technology. Fritz Benedict and Herbert Bayer are considered to be the two masters who had the largest influence on Modernism in Aspen. The home at 1102 Waters Avenue was designed by Fritz Benedict in 1967. The following information on Fritz Benedict was found in the City's context paper. "Frederic 'Fritz' Benedict was the first trained architect to arrive in Aspen at the end of World War II. Benedict had earned a Bachelor 's Degree and Master's Degree in Landscape Architecture at the University of Wisconsin before being invited to Frank Lloyd Wright's school, Taliesen, in Spring Green, Wisconsin in 1938." 4 "Benedict was known for setting buildings into the landscape in an unobtrusive and harmonious way, clearly derived from his landscape architecture education and the influence of Frank Lloyd Wright,. The most important of Benedict's works may best be defined by the examples that clearly represent Wrightian ideas, or where innovation was key." "Fritz Benedict was inducted into the College of Fellows of the American Institute of Architects in 1985, by election of his peers. This is a lifetime honor bestowed on registered architects who have made outstanding contributions to the profession, and only 5% of the profession receives this honor. The nomination submitted stated that Frederic `Fritz' Benedict left a legendary influence on design and construction in the Rocky Mountain West... (creating) classics of the mountain vernacular." He was given the Greg Mace Award in 1987 for epitomizing the spirit of the Aspen community, was inducted into the Aspen Hall of Fame in 1988 and the Colorado Ski Hall of Fame in 1995, and was given the `Welton Anderson' award for his contribution to Aspen's built environment by the Aspen Historic Preservation Commission in 1993. In all cases Benedict was recognized for being a pioneer of Aspen's rebirth as a resort community." "The Aspen Times stated at his death, 'Along with the late Walter and Elizabeth Paepcke and his Bauhaus trained brother -in -law Herbert Bayer, all of whom came to Aspen with a rare vision in the traumatic wake of World War 77, Benedict was one of the fathers of modern Aspen, a man whose architecture not only helped shape the city aesthetic, but whose personal commitment to the original dream of a special 'Aspen Ideal' made him the guarantor of the city's very soul."' The City's Historic Preservation Program conducts an Integrity Assessment in order to score a property's ability to convey its historic significance. Atotal of 100 points is the most a Modernist property can score in the categories of location, design, setting, materials, and workmanship. A score of 75 points is the minimum threshold needed for designation. The home at 1102 Water Avenue has not been officially scored but a review of the criteria reveals that it is clearly worthy of a perfect score of 100 for the foliowing reasons: • The structure is in its original location (5 points); • The original plan form, based on authenticating documentation (the original plans) is still intact (10 points) (the original plans are attached to this application); • The original roof is unaltered (10 points); • The original scale and proportions of the building are intact (5 points); • The original pattern of glazing and exterior materials is intact (10 points); • The horizontal or geometric form, minimalist detailing and features that relate the building to its environment are intact (10 points); • The physical surroundings are similar to that found when the structure was originally constructed (5 points); 5 • The original combination of exterior wall materials and glazing are intact (15 points); • All or most of the original door and window units are intact (10 points); • The structural composition that distinguishes the stylistic category of Modernism is intact. No decorative materials are used. Design is focused on rationality, reduction, and composition. Materials are generally manufactured and standardized (15 points); • The neutral or monochromatic color scheme and finishes that define Modernism is intact (5 points). The subject building's integrity assessment achieves a perfect score of 100. It was constructed more than thirty (30) years ago, and it is representative of Aspen's formative years as a world class ski resort town. The house also embodies the aesthetic achievements of Fritz Benedict, an icon of Modern Era Aspen architecture. As such this structure satisfies each and every facet of the standards for landmark designation, where only one of three standards need be satisfied before a building can be so designated. This property is clearly more than worthy of being designated a Historic Landmark. Ordinance 48 Negotiation 1. Historic Landmark Lot Split Section 26.415.110(A) of the Code provides an exemption from both Subdivision and the Growth Management Quota System, pursuant to 26.480.030 and 26.470.040, allowing owners of designated historic properties to divide their property into two lots. This application proposes historic landmark designation for the subject property. The standard application submittal requirements of Section 26.304 have been provided herein, including the accompanying exhibits. Pursuant to the provisions of Section 26.415.110(A), this application will be subject to a two-step review procedure, with duly noticed public hearings before the HPC and City Council. Once historically designated, the applicant intends to split the subject 10,781 square foot parcel into two separate lots. Lot 1 will have an area of 3,995 square feet and contain the historic structure. Lot 2 will be 6,786 square feet and be left vacant for future development subject to HPC review and approvals. While the original parcel in the current case has a Lot Size of 10,781 square feet, it has a Lot Area (after accounting for all applicable reductions) of 6,452 square feet for purposes of determining allowable Floor Area (FAR). Similarly, the Lot Area for purposes of determining allowable density is 9,403 square feet after accounting for all applicable reductions. The two types of Lot Area calculations for the subject parcel are as follows: Lot Size = 10,781sf Land below High Water Line (HWL) = 1,378sf 6 Land above HWL and within 0- 19.99% slope = 6,315sf Land above HWL and within 20- 29.99% slope = 274sf (50% = 137sf) Land above HWL and z30% slope = 2,814sf Lot Area for FAR: 10,781sf (Lot Size) - 1,3784 (area below HWL) 9,403sf - 2,814sf (Z30% slope area) 6,589sf - 137sf (1/2 of 20- 29.99% slope area) 6,452sf = Lot Area for purposes of calculating allowable FAR Lot Area for Density: 10,781sf - 1,378sf (below HWL) 9,403sf = Lot Area for purposes of determining allowable Density With regard to density, a historic landmark property in the R -15 Zone District requires 3,000 square feet of Lot Area per detached single - family dwelling unit, and a total of 6,000 square feet of Lot Area for a duplex or two detached single -family residences on one lot. Accordingly, the subject property, once designated, maintains adequate Lot Area (9,403sf) to accommodate one or two detached single - family residences, or a duplex. Although the applicant is proposing a Historic Lot Split, as part of this Ordinance 48 negotiation the applicant seeks to have the allowable FAR for each lot be based upon the resulting lot areas after the lot split as opposed to the allowable duplex FAR on the fathering parcel. The applicant is proposing to split the lot in the following manner: Lot 1 (the fathering parcel) retains 2,531 square feet of effective lot area for the purpose of determining allowable FAR; the new lot (Lot 2) will have 3,916 square feet of effective lot area for FAR calculations. After the lot split, Lot 1 (which will contain the historic resource) will be allowed 2,024 square feet of Floor Area, while Lot 2 will be allowed 2,656 square feet of Floor Area for a single - family home or 2,975 square feet of Floor Area for a duplex (see the floor area chart for the R -15 zone district in Section 26.710.050(D)(10) of the Code). A note explaining these allocations will be included in the Subdivision Exemption Agreement (the S.E.A.) and on the Subdivision Exemption Plat (the Plat) prior to recordation. Section 26.480.030(A)(4) provides that a request for a Historic Landmark Lot Split must meet the requirements of Section 26.480.030(A)(2), Section 26.470.070(C) [said section has since been amended and is now found at 26.470.060(1) & (2)], Section 26.415.120(A) [said section is now 26.415.110(A)] and the following standards: 7 a The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R -6, R -15, R -15A, RMF of 0 zone district. The subject parcel is over 10,000 square feet in size and is located in the R -15 zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on , the Subdivision Exemption Plat. The property is in the R -15 zone district, and all uses will remain and be restricted to residential in accordance with the zoning. The allowable FAR floor area will be divided as provided above. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a), (b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. As part of the Ordinance 48 negotiation the applicant will establish building envelopes for both of the Lots and these envelopes will replace otherwise applicable setback requirements, including those associated with Stream Margin Review. With designation of the building envelopes, any subsequent development within the established building envelopes will not be subject to Stream Margin Review. The proposed development will otherwise conform to all dimensional requirements of the R -15 zoning for a historic lot, and all development on the lots will be subject to HPC review. Code Section 26.480.030(A)(2) states that the split of a lot for the purpose of the development of one additional detached single - family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, is exempt from full subdivision review provided all of the following conditions are met. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Although this property is Lot 14 of the Calderwood Subdivision, this standard will not apply since the property will be listed on the Aspen Inventory of Historic Landmark Sites and Structures. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is 8 proposed will mitigate for affordable housing pursuant to Section 26.470.070(B). [Note incorrect citation should refer to Section 26.470.060(1) and (2).] The proposal involves the creation of two lots where only one currently exists. The minimum lot size in the R -15 zone district is 3,000 square feet for Iots created through approval of a Historic Landmark Lot Split. Lot One will retain the existing home and contain 3,995 square feet while the newly created, vacant Lot 2 will contain 6,786 square feet, thereby conforming to the dimensional requirements of the underlying R -15 zone district as applied to Landmark Designated properties. When the area below high water line is deducted from each lot in order to determine the allowable density, the effective Lot Areas become 3,397 square feet on Lot 1 and 6,005 square feet on Lot 2, leaving Lot 2 with the potential a duplex, subject to HPC review and approval. In addition, although Lot 1 will have 2,024 square feet of allowable Floor Area and the existing structure contains only approximately 1,500 square feet of Floor Area, the ability to add onto the structure will be severely hampered by the proposed lot split (i.e. there will be no practical location on the resulting lot for a significant addition. Therefore, if and when accurate FAR calculations are completed, the applicant will be in a position to seek approvals to sever one or more TDR from the property. Section 26.470.060(1) of the Code provides the Growth Management requirements for single - family and duplex development on historic landmark properties and states that, The development of one (1) or multiple single-family residences or a duplex on a parcel of land designated as an historic landmark and which contains an historic resource shall be approved by the Community Development Director. This review applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures and the development of new structures on historic landmark properties. No affordable housing mitigation shall be required provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Development Involving the Inventory of Historic Landmark Sites and Structures, and provided that the parcel contains an historic resource. The resulting Lot One will contain the historic resource and, therefore, no affordable housing mitigation is required. However, as further stated in the above -cited Code section, Development of a single-family or duplex structure on an historic landmark property that does not contain an historic resource (for example, a new house on a vacant lot which was subdivided from an historic landmark property) shall be subject to the provisions of Paragraph 26.470.060.2 - Single- Family and Duplex Dwelling units. The resulting Lot 2 will be a vacant lot and, thus, would be subject to the requirements of Section 26.470.060(2) of the Code, from which the applicant desires an 9 exemption. This incentive for designation is further discussed below, in Section 4. At the present time the applicant is not proposing to build on Lot 2. Code Section 26.420.020(B)(6)(e), which is still part of the Code that is currently on- line, states that, "Accessory Dwelling Units or cash in lieu fees shall not be required on properties where a 'Historic Landmark Lot Split' is approved after March 31, 2002." The current requirement for mitigation on the vacant parcel resulting from a historic landmark lot split is a relatively recent policy change. One of the incentives for designation requested later in this application involves the waiver of Section 26.470.060(1) and (2) for the resulting Lot 2, consistent with past policy until the relatively recent change that still is not reflected on the on -line version of the Land Use Code was enacted. This waiver is important for the applicants to designate the subject property as requiring the provision of an ADU or cash - in -lieu thereof imposes great physical and financial disincentives. The Code would require a stand - alone, detached ADU with its own parking when a new home is developed on Lot 2. Due to the proximity to the Roaring Fork River, the shape of the property and the angle of the adjacent street, a requirement to develop an ADU in the form of an additional structure would crowd the property and result in obscuring /compromising primary views of the Benedict - designed home in its setting. The alternative of developing an ADU attached to a primary residence is discouraged and disincentivized by the Code, which requires seeking a subjective Special Review approval to do so. Without granting of the requested waiver, the only other viable option provided by the Code is the payment of cash -in -lieu which, today, would cost approximately $168,000 (but these fees are expected to increase dramatically before a house is likely to be developed on Lot 2); this fee represents a substantial imposition on and disincentive to the applicant. Instead, the applicant is proposing to provide a substantial community benefit by landmark designating a building whose integrity assessment achieves a perfect score of 100, is representative of Aspen's formative years as a world class ski resort town, and embodies the aesthetic achievements of Fritz Benedict, an iconic architect of Modern Era Aspen architecture. c. The lot under consideration, or any part thereof was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a) [this citation is no longer correct], The subdivision exemptions provided for in Chapter 26.480 of the Code are: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and, 4) Historic Landmark Lot Splits. The subject property has never been the subject of a subdivision exemption under the provisions of Chapter 26.480 or a GMQS lot split exemption (a provision which no longer exists in the Code). d A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be 10 granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. A Plat will be reviewed by the Community Development and Engineering Departments for approval and recordation within 180 days of final land use approval. The Plat will include notes explaining that further subdivision is prohibited unless applicable approvals are obtained, and that any and all additional development must comply with the applicable provisions of the Code. It will also contain a note describing and referring to the approval documents (i.e., ordinances, resolutions, and S.E.A.) pursuant to which the Plat was prepared. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. The language of this criterion is understood and the applicant will comply. f In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. The existing dwelling will be a designated historic landmark and will not be demolished. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. The applicant does not propose to add any additional dwelling units to the property at this time, leaving only one residence and one vacant lot for the future development of another single - family residence or duplex, subject to HPC review and approvals. As such, compliance with this review standard is assured. 2. Establishment of Building Envelopes The applicant is seeking to have building envelopes established for each of the two resulting lots. These envelopes will replace otherwise applicable setback requirements, including those associated with Stream Margin Review. Section 26.415.110 of the Code enumerates some of the benefits available to historic properties. Subsection B thereof states that dimensional variations are allowed on projects involving designated properties to create development that is more consistent with the character of the historic property than would be required by the underlying zoning's dimensional standards. Ordinance 48 allows for negotiated benefits beyond those which 11 may be provided in the Code. Although the HPC is empowered to grant variances for designated properties to allow, in relevant part, (a) development in the side, rear and front setbacks; (b) development that does not meet the minimum distance requirements between buildings; and (c) up to five (5) percent additional site coverage, these limitations are inapplicable while merely offering some guidance in the case of an Ordinance 48 ninety- day negotiation. Traditional variances do not resolve all issues in the subject case. That is, due to the shape of the subject property and the proximity of the Roaring Fork River, if the required setbacks were imposed there would be nowhere on the resulting lots to build a new dwelling without remediation of a regulatory taking. That is, the otherwise applicable setbacks overlap, leaving no developable area in between. Therefore, the applicant is seeking to have building envelopes approved for both of the lots created by the Historic Landmark Lot Split to replace the need for any further Stream Margin Review or setback requirements. The proposed building envelopes ensure not only consistency with the spirit of the stream margin regulations but also that any and all future development on the resulting lots, while remaining subject to HPC review and approvals, will stay above and outside of the mapped 100 -year floodplain of the Roaring Fork River. In fact, after the discussions mentioned in the foreword to this application, the setback from the Roaring Fork River has been increased from that originally proposed and is now eight (8) vertical feet above the 100 -year floodplain. As a result of the increase setback from the river, the front -yard setback has been reduced from five (5) feet to zero. However, there is still a significant distance between the front lot line and the Waters Avenue roadway. Relative to the City's mapped top of slope and associated Stream Margin regulations, the proposed building envelope on Lot 1, where the historic resource is located, simply allows the structure to remain in its existing location (as a landmark structure, this is only appropriate). The City's mapped top -of -slope runs through the front side of the existing house, leaving nearly the entire structure below the mapped top -of- slope and encroaching on the stream margin. This is a historic condition and the proposed building envelope simply "grandfathers" it out of nonconforming status. Similarly, approximately half of the multi-family structure on the adjacent parcel to the north is located below the mapped top -of- slope. In fact, portions of this structure are within just a few feet of the actual river channel. If one draws a straight line connecting the southeast corner of this multi-family structure with the northeast corner of the subject historic resource, the proposed building envelope on Lot 2 ranges approximately fifteen feet to twenty-three feet (20' - 28') above the resulting line. In other words, the proposed Lot 2 building envelope ensures that any development therein will be setback from the river 20' -. 28' more than is the case with either adjacent structure. In this way, the 12 proposed building envelope is completely consistent with the spirit of Stream Margin Review by providing an appropriate and adequate setback from the river corridor. Furthermore, the proposed building envelopes provide adequate setbacks from property lines to ensure that future development will be in a similar pattern as and in character with the historic property while mitigating against the potential for adverse impact to the resource. The proposed building envelope on the vacant Lot 2 is delineated in a manner that maintains setbacks from the historic house and views of the resource from Waters Avenue. As such, the proposed building envelopes assure consistency with the standards by which the HPC reviews and approves setback variances. 3. Waiver of Affordable Housing Mitigation, Waiver of Park Dedication Fees, and a Parking Waiver for Lot Two Section 26.470.060(1) of the Code provides that, Development of a single-family or duplex structure on an historic landmark property that does not contain an historic resource (for example, a new house on a vacant lot which was subdivided from an historic landmark property) shall be subject to the provisions of Paragraph 26.470.060.2 - Single - Family and Duplex Dwelling units. Proposed Lot 2 will be vacant land and, thus, its development will be subject to the affordable housing mitigation requirements of Section 26.470.060(2) of the Code, from which the applicant desires an exemption. Section 26.420.020(B)(4) of the Code states that a waiver of Park Dedication Fees may be granted for development on properties listed on the Aspen Inventory of Historic Sites and Structures; this waiver is also requested. Finally, Section 26.420.020(B)(1)(e) of the Code allows for parking waivers and waivers of cash -in- lieu fees for sites unable to contain the underlying zoning's required number of on -site parking spaces. The Park Dedication fees were amended not all that long ago and are now relatively exorbitant, representing a substantial imposition on and disincentive to the applicant. As part of this Ordinance 48 negotiation, it seems appropriate for the applicant to be granted a waiver from the Park Dedication Fees that would be associated with new development on the vacant lot, (Lot 2) that will be created by this historic lot split. The constraints of this lot (proximity to the river, shape of the lot, steep slopes, etc.) will make on -site parking difficult and result in unnecessary crowding of the lot, whether a single- family home or duplex is built on the property in the future. Therefore, as part of this negotiation, the applicant is also requesting a parking waiver for both resulting parcels, as well as a waiver of any cash -in -lieu fees associated with parking. This is a specific benefit that is listed as a dimensional variance appropriate for landmarked properties. It should also be noted that Section 26.515.030 of the Code which provides the 13 required number of off -street parking spaces for different types of development, states that an existing deficit of parking may be maintained when a property is redeveloped. The existing home does not provide any off -street parking, resulting in an existing deficit of two (2) off -street parking spaces. • Another benefit of designation .enumerated in Code Section 26.420.020(B), which is still part of the Code that is currently on -line, states that, "Accessory Dwelling Units or cash in lieu fees shall not be required on properties where a 'Historic Landmark Lot Split' is approved after March 31, 2002." The current requirement for mitigation on the vacant parcel resulting from a historic Landmark lot split represents a relatively recent policy change. It is hereby requested as an incentive for designation that a waiver of Section 26.470.060(1) and (2) for the resulting Lot 2 be granted. This waiver is consistent with past policy until the relatively recent change that still is not reflected in the on -line version of the Land Use Code was enacted. This waiver is important for the applicants to designate the subject property as requiring the provision of an ADU or cash -in -lieu thereof in association with the future development of Lot 2 imposes great physical and financial disincentives. More specifically, Section 26.470.060.2(c) of the Code provides the affordable housing requirements for a vacant lot created by a Historic Lot Split when the subject lot does not contain a historic resource, as will be the case for Lot 2 in the current proposal. Said section of the Code states that, in order to qualify for single - family approval, the applicant shall have the five (5) following options: 1) Providing an above - grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3) Providing an off-site of ordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed - restricted in accordance with the AspentPitkin County Housing Authority Guidelines, as amended; 4) .Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 5) Recording a resident - occupancy (RO) deed restriction on the single-family dwelling unit being constructed. The Code requires a stand - alone, detached ADU with its own parking when a new home is developed on Lot 2. Due to the proximity to the Roaring Fork River, the shape of the property and the angle of the adjacent street, a requirement to develop an ADU in the form of an additional structure would crowd the property and result in obscuring and /or compromising primary views of the Benedict - designed home in its setting. The alternative of developing an ADU attached to a primary residence on Lot 2 is discouraged and disincentivized by the Code, which requires seeking a subjective Special Review approval to do so. Without granting of the requested waiver, the only other viable option provided 14 by the Code is the payment of cash -in -lieu which, today, would cost approximately $170,000 (but these fees are expected to increase dramatically before a house is likely to be developed on Lot 2); this fee represents a substantial imposition on and disincentive to the applicant. 4. Vested Property Rights Given the state of current economic times and the fact that Ordinance 48 is likely to be repealed and replaced with new, as of yet undetermined regulations in the coming years, the applicant seeks 10 years of vested property rights associated with the site specific development plan approved pursuant to this application so as to ensure an adequate degree of reliability on such approvals into the future. The community benefit of landmark designation will immediately be realized by the City and will never expire; 10 years of vested property rights in exchange is only reasonable. Summary It is the applicant's desire to see this completely intact, 1967 Fritz Benedict Ski Home of the Month preserved as a historic landmark. As incentives and in exchange for this preservation effort, the applicant seeks benefits that are enumerated in the Code as appropriate for designated landmarks. As stated in Code Section 26.420.010(A), Benefits to encourage good historic preservation practices by owners of historic properties is [sic] an important aspect of Aspen's historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premise supporting the creation of an innovative package of preservation tools that are unlike any other in the country. Ordinance 48 was adopted to address, through negotiation of incentives for designation, the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well being of the, residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability, and attractiveness as a destination. The applicant maintains a right under Ordinance 48 to reject City Council's proposed incentive package and, in doing so, have the subject property removed from the Ordinance 48 list of potential historic resources. It is felt that the requested incentives are fully appropriate and warranted in exchange for providing a substantial community benefit and valuable community asset by landmark designating a building whose integrity assessment achieves a perfect score of 100, is representative of Aspen's formative years as a world class ski resort, and embodies the aesthetic achievements of Fritz Benedict, an icon of Modern Era Aspen architecture. As such, it is earnestly hoped that the requested incentives will be granted and the subject property will be added to the Aspen Inventory of Historic Landmark Sites and Structures. 15 Exhibits: 1. Land Use Application & Dimensional Requirements Forms 2. Proof of Ownership 3. Pre- application Conference Summary 4. Authorization Letter 5. 1967 General Warranty Deed from Benedict Land & Cattle Co. to William J. Geary and Renee M. Geary (Book 261, Page 393) 6. Post WWII Modernism Context Paper 7. 1967 Ski Magazine Article S. Copy of Original Building Permit Plans 9. Mailing Addresses of Record for Property Owners' within a 300' Radius 10. Fee Agreement Attachments: • Existing Conditions Survey • Proposed Lot Split Exemption Plat 16 a°moi e°�aim WOO'ON3OH7NMM e " lia 4 `v', , oavuo'loo 'N3dSV to GSSZSbe rocmxva•aceesra roan Imam! ° \K; W Norm/mans OOOM213OT "`° Ain ° loom on VIDN 3AVIonne GOOMN3YJ 831831-8843,008-1 MI ats'amusl �( , :: J H;— ltl'ld Jl3Af1f18 J.N3W3/ r'?w °au"a4111}Ki rna ^s ©T�^�J 'OM 'ONR133NION3 J2i1Nf1OD H01H 4r�" VNO'1OO'N3d51 Nasvaa azva 'ox / 1 . 114 'u '? 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I+ P r 2 E5 9 1 a ! 119 1 1 5 1 $ 1 a i ii § E R g y 3 HI Q � p � j' iT * ' �' . � � ri g r !g ! 1 f i l Egg g 1 li �gI V i ppp p p p i � ql PA y l,,: A5 g¢ g �a ' T� rr 7 0 gx #qy 7 6R Si, ^ 0 4 g ' 8 . 5.e i 0 I ! A P 5 1 4 _ q n E EP ' ' E q ', g 3 E 3 � Alf g 1 p g � iI gg y - e j W R 4 , 6 7 118 Y tl f +� : „ •, & g �j om gi g yy 9F 99 g c $ 1 n ➢ 11 $ 1 J igu j $ 6 g ' R a$ 1 4' A "R a A 1 €i i !! 1 ' I li 0 k i 2 S WILLIAM GEAR( NO. DMZ flEV1910N O i,"6 ASPEN, COLORADO rAco UH Offnit, HIGH COUNTRY ENGINEERING, INC. Pn �4�,5:� �_ o b. Fr .w IMP SURVEY PLAT — i HC 1817 BLAKE AVENUE,EIE 101, 1A0092 &196) 'E 1 . l:LBNW000 07G -rA co weal ➢4eM.d]WINMVAO 6NVOl ^ R c z LOT 14 CALDERWOOD SUBDIVISION 1;.. _(U��:. a PHONE (970) 048.9]8• FAX (970) 0462689 492010 cwu2eucm en /� P CITY OF ASPEN, COLORADO ''Ie _■� W k'NR 11VW_HC rm.& 9� � om Q. S VS1_ EXHIBIT` fi • i mI�9 P e cif I �, V I I • I i I �I I I ''�!;''f` IpI 1 �� { t r>_�ll i< 1t �el :,/it. L'" 1 � 4, 11 X > 4 '.a t 2 t.. ... • . 5^ �' .1 • , 1 1i i � . 4 11•,••• - R i ° t { c . \ a �. i1F 11 I iN rY y� ^, s ^�.' S : . , . ` 1 } , q 7 -T • ( 'ti . � '- i i l-l k . u ' " ! C £�' -aai €sly . APi. i ;tat \ l ii, 4 i !i 7 i ! ry a e -7- -r _ ! ro �i t i.:4,,7 • i t j q o. ONYX/ y M r '� r �� ,� i5 _ L y1 . X9.1 I • � I l � / r -.J yr, '� j 1" .. -Tal �6' { 'F. t .�, 1 .. ya i o � I � a .l 4 , ! ur:,. F - I I. .I. / i`. y 1 i � _ 3 1! I , -5z T 41; .. '. .. A• p d c I(9 4 i ✓ k—c' li • 1 t. I - -.' �� .r 5� Y t VJY 1 fir I 3 i ! r I. • S • • , Here is a deceptively small vacation house with the ski house which is rented or used by the owners' all- important ingredient of expandability --- equipped friends. with double-deck bunks, it can sleep 11 people. There are many possible variations in the basic i Rough natural materials and strong, angular roof plan The living room remains, however, the same I lines help the house complement a mountain land- in all schemes —in the heart of the house and on scape. It is simple without being dull, and i tom the top Boor. A high expanse of sense grass c ptures s the i pletely honest There are no False beams false peeli vertical view. I learned from Frank Lloyd Wright I plrners or Tyrolean gimmickry. that part of the living room should have a low ro c j The house con- - ing to get a real � tains 1,200 square ( I aster co feet with 73 square s HOME -i� feelinog of helte rozi- a { feet of balcony and i -, �� ness). Even with a. porch. There is an � d I 4 l arge group, how - try �-!y+ .�, t ' i _ v, r I additional 216 0l i ® " age in stor- of sr- l� 1 1 j o A 7 �'I^u - er d oo nce m I age n the "ears" - � '^ e c ul feelithis have a ng, since (under the eaves). the fir beams slope ' This space, which Hillside House up ro a 12 -foot cell- I can locked, is im ARCHITECT .. FREDRIC. BENEDICT, A.LA. i i ed u very mportant in a 65 SPRING ISSUE. 1 9 — _ - i_ 67 • . . . . - • • . 1 . . . .. . - 3 SKI HOME totuituted . . ill . i - , • . I q • 1 Itia ' 0 i : , 1 Ki IcsEM Ina NY i IIIP 1 I 1 • ; •••••• • • I ® -- MI I • • I • ""... i l • UPPER FLOOR PLAN IMIIN . Linn -.01,11Kil 1 4.SSii.SMS I :;. ----- -r— Z_ .--,--. . ...r.. . • i Entry to the wain floor is at the back 1 ImMIIIII .t. I bingo, I 1 of the hotels. Storage space under the , ...i • "ear' on each side of the living room • I _1:4r._ __ _ 1 1 .., can be lacked if the home ii rented • L -- -__ al .____------- i . ..; • • 1 1 I . 1 i • 1 r-- _ • .• ._ I I 7— 8 - 1 . ± ..• I . • ; Inn =Ill NI an.- sTosicr - I 4 . . .: . . 111 It VW 1 71 . . • • ren.._ • 1 E ,'. dliall 1 . .1 • 1 :7 Ealli .. m 1 LOWER EL002t. PLAN C I b" • : 1. ansiai---- -I 1 Bedroonu are located on lower level • ,-: with double doors leading outside. If . horns is built on flat site, rather than f - Fr 1 J - : on a slope, wain entry can be through the beasatorage room in the back. _ II I - 11 id . likt _IL: L t -... -------II I , i l• II • "SKI HOME OF THE MONTH" NEW SERIES So great has been the interest of SKI readers in the possibilities of building a second home in the mountains, that the • magazine, commencing with this issue, is starting a new fen mre, "Ski Home of the Month." Leading ski home architects i have been asked ro design homes whose plans could be featured in SKI's pages. Several of these designs will appear in SKI during the 1967-68 publishing season, and ar least one home will actually be built during the coming summer. If you • wish to have a complete set of working plans (suitab)e for a contraaor) of architect Benedict's home featured in this issue, write ro SKI Magazine, 235 East 45th St., New York, N.Y. A set is $35, and $5 for each additional set. . . : . Readers are invited ro submit new ideas for details and conveniences that can be built ioro a ski home. 66 _ . . - • -- - -' - - • - - R s 3 ing the day as seats with bolsters, are • very impormoe with shingle roofs and would cost from $10 to $1.2 a square arranged along rite low walls. The fire- often overlooked by city arcbicects foot (or $12,000 to $20,400) depend- .. place is of the prefabricated metal mac working in mountain settings. ing on locality and site modidoris. It — either Majestic or Condon -King. A The plans show various arrange- should cost less in New England and Franklin stove is even more economy- menu: two bedrooms with one or two the southern Appaler iaost the cal and kt ent as a heat source baths, or three bedrooms and one bath. West. Places like Vail, Squaw i. The kitchen is open to the living If built on a gar site, the entry is on Valley and Jackson Hole are more ex- area so the cools are nor shut away. the lower floor, if built on a hill, one pensive than slow - growth areas. Costs, There are no conventional above -coun- enters at the top. The house would nor of course, can be pared by do -it -your- 'I ter cabinets, only open shelves for star- work well for a sire which is uphill self projects. Some wbrk cad be de- i ing colorful and decorative glasses, from the road because due entrance Petted moil later. If you are building i places, cups, etc. There is a pacdcal would be behind the house in an area without sewer, water, road reason for the open shelves: a vacation If a contractor built this house, it or power, costs would increase. i home will be used by people who are unfamiliar with the kitchen. Most food . - I , ' is stored in an insulated pantry. Here f6�c i • again there is a practical reason: if heat - • - . %^;- .5. - is turned off, food can be kept from I " - ° - = 1 - ' ' 1 freezing by leaving alight bulb burn- 1 ing in the pantry. ( 'f The envy or mud room has ski srot- ( 1 u L `: _ age space, hooks fax parkas and dry- { ... i ing clothing and a bench fax removing ' \ b . - boon. There is also a horizontal ski 3 w�: storage spate uncle[ the "ear?! with, an w : , .. : �' : _m,r;.r.', e. ' �: � I outside door. The balcony is shown { only four feet wide for economy. It • . ..�- ..._- . :.- ,�...,:,,.�., :<... :.•c -; ,..�+,- .p;.. ,.. :;: , could be extended to six feet. re '-'-"' 1 s - Many other features are very pp f 1 • dray as well as aestherially pleasing: - � u _ } T • r i ∎ rough and natural finishes 5t into the ff % �yl- 9 t A k I i rural setting and are easy m maintain; i'? .'r'r-- - , I .,..ii I) 1 h t = J r , . ,., 1 roof is unfinished cedar shingles or . tl +. i lit; e shake's; lower floor walls are concrete t t;,_yy II,LLr;��? .. • 1 block with Stucco or Plasrerrex and : -,• __,, - • upstairs walls are rough - sawn, unfio- . ' fished cedar plywood or shingles. All - the ceilings are made of sawed Doug- y � 6 • las fir barns bs and two-inch thick unfin- _ ished red cedar decking. The decking .. :: :,; • ... .: •. ` is also the flooring of the living room. Face the facts If the house is built into a south sloping hill, the earth will help retain About skiing and sunshine and your face. And about Sportan. . the hear from the sun (When I first Chill winter weather. Sun and wind. t oo much of this plus altitude moved to Aspen 20 years ago, I built with snow - glare, and sunburn -wise, the odds are against you. I a solar cabin and experimented to see Obviously you need protection. Without it you haven't a chance. • how long the heat could be corned off. We knew something had to be done and that something was Spar- Ic did not begin to freeze inside until tan. Because we found that burning rays are only those from 2800 - i six days barer.) In this house plumbing 3200 angstrom units, all we needed was a compound to filter them j is mncencr t a so it can be easily out. Sportan does just this. It's really very simple. Tiny microscopic drained. Hor air heat obviates drain- crystals are the screening agent. The base, a silicone emollient, has i ing that system. The roof i simple and a water proofing action to prevent dryness and chapping. there are no valleys to ice e up. Drip j from eaves only occurs where people We know you don't want to sit around with a red face while every- do not walk. The roof should be von- - one else is skiing. So, help yourself. Try Spartan. At 51.25 it's rilared by means of two-inch stripping parka - pocket she. placed 16 inches apart. Shingles laid We hope you'll take our little message at face value. over this lone an air space malting a I "cold roof" which wont leak. This is dimroutedbyspm- obermeyer, /id., aspen co/orado a • . s SKI warm hands. If it works for you, j��b A n the e s also a Hot Dog sock m make C Q l v DAR BUBUNE all four of your extremities dry ... SINE SS aOd Warm. FEBRUARY, 1968 SI 2-4. Werner Cup, Steamboat • 4 CALLING BACK MINERAL KING GO-AHEAD? 10th Winter GS. m 6 -1 B: 10th venter Olympic Games, A big feature of the auto Indus try Mineral King was a resort dream Grenoble, France 1 in recent years has been the practice of the late Walt Disney — a great 10-i : Vail Trophy Vail, Colo.; G5 Of calling back cars which have man- alpine development ID be built in the . 14: Norge Jumping Tournament; ufacturing defects. This type of ton- Sierra Nevada of California inland Chseag °'Ill' cent for the consumer has spilled frond the Pacific Coast, about half- 1746: Wild W aJackson over into skiing where the distribu- wa y between Los Angeles 8 and San 1B: Hcle, Wyo.; d.; S S.. o DliH 5 Utahlntematiunal Jumping tors of the Austro-Matic binding • Francisco. Since Disney's death over Event, Baker Hill, Utah are inviting people who bought thew a year ago, Mineral King has rested 23-25 (WC) Adberg/Kandahar, �. bindings last season to have them more or less in limbo, principally be- 23-25: BeBatv Valleonix, Franco; S,DH qq corrected. It seems the binding re- cause Federal approval could not be ar y Cup, Bear Valley, 1 leased all right, but war difficult to WC $GS,DH obtained for an all- weather highway 23 -25: ( (WC) Oslo, Norway; 3,03 :1 get back into after a fall. The modi- to be rammed through six miles of 24-25: Adams Memorial, Mount ,i • cation is said to correct the dial- the Sequoia National Park to reach Orford, Que, Canada; 5, GS f catty, while Austro-Matic's 1968 the resort valley. Principal resistance ships, 24-25 : Nationaestby, Wiz ng Champion- -s binding doesn't have the roblem. England Kandahar, 1 to the road has come from conserve- 25: New England tionist groups led by the Sierra Club, Mad River Glen, Vt.; GS :! WICI DID THE WATER GOt resulting also in laterior Secretary MARCH, 1968 .( There's a new inner glove liner Udall's opposition. But in late De- 2 -1: Alpental , AL Cu called tke Hot Dog glove which camber, Udall gave way. 7725 Interior S, CS P pentat. Wash.; • : 1 can't hold much water itself, but is Department now is preparing right- 2 -3: Canadian Championships, .i great at "wicking the moisture away" of -way agreements to enable the Cal- Couingwvod, Ont Canada; as Beconta, the supplier puts it. ifornia Division. of Highways to S, G5 ) "Wickin a " refers td ing 2 -3: Sha and o ML, g y carry Meanwhile, with the two-lane highway. Championships, G S . ships,SUauon, Mt, • the moisture away from the fingers Meanwhile, Sierra Club forces are VL;SGS • k to the outer glove lining. The result studying further legal possibilities of 13-10: National Alpine Champion- . is dry bands, and dry hands are halting the road construction. shim Crystal hit t, Wash.; S '' . GS, DH x:. 4 ..= ? ;'..^. ��� 9 -1Di Quebec Kandahar, ML `. _ girl 'Lt's ii.; �v:. '�^�s'�..S..SI' ' • k - 4 , 1 1 ; ?`, {.'r w 4, . .`.ti Trembler :flit .: 7 ' I :.. , i t 4 4 ,t . ' r S, GS L Q Canada; r' �. .' = i • 1 'G.,. 4 '3 7 t '•' _ -D ".:f 4'. �s . '-/ IS -17: NationalVeieramChampion- p W S i e} .` x S , OS, Waterville Valley. NH; .ti 4, r, ` yY 4 r 1 � 1 , 1 ,t n 15 17: (WC) Roeh CuP, Aspen, Y 11.1:". -f` �/ 4, 4 Colo.; S. CS, DH � r p j t'.} / f �a, ( Y �„ 15-20: National Cross-country Week, IC ° '+ ■ / i i l ' ! (. i _ '" Steamboat Spring; Colo. �. ; qa f 4- 16-17: Wildcat Cup, Pinkham Notch, } N.H.; GS °� .t{,,. •: 4;.::-. 21 -23: National Intercollegiate °[�% <G ',? .)f11r'r • ' ` Championships, Steamboat Ste' . i �. -l: , � 1 1 Springs, Colo.; S, GS, DH r " , - t 2124: Madonna Cup Hahnenkamm- ( ;� - Jay Trophy, Jeffersonville and 4 r yd Jay Peak,VL; S, G5. DH h f s t 2234: International Meet Sun Iii FC 3 a. -' i s , ' , _r "' Valley. Idaho; S, GS. DH • l t t .• ti ,t ..f t 24: Crested Butte Cup, Crested t . ,J, ) 1 n: - ' Butt Colo.; GS "4-,.4`+42 zias Bare za d t 4,. , ili 1 24-25: Squaw Valley Alpine The Hillside House is a ski hone design by Aspen architect Fritz Benedict International, Squaw Valley, CalC 5, CS and utn•eder! to Bat readers in the Spring, 1967 issue of the magazine. At the 29-31: (W Duhinuricr Champion- . time, sneral readers wrote in and obtained plans for rise hone from architect ships. Rowland, B.C., Canada; Benedict. Last summer, Bill Geary built hinzself the Hillside House, shown V GS. DH above, in .4spex. The house costs between 3I 2,000 and 320,000 to build ABBREVIATIONS: WC is World Cup, S is Slalom, 03 is Giant Slalom, depending on luxuries desired. DH is Downhill. OM --•- - _ - .. __- - gro,,■4,t:17flo' k. . ?iot „ t,,Y yi 'cc a i ir5 „ cl E tvi i L i till 1 co rm a k 1 E en 63 1 0 ). 4 ' is t'A al lif 1/4 3 (,) h. i cai Z Q Q) 13 k Z , N M , \-.• r.1 .< \ , ii . 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MEMORANDUM TO: Aspen City Council CC: Steve Barwick, City Manager John Worcester, City Attorney FROM: Cynthia F. Covell, water counsel Phil Overeynder, Utilities Director RE: Si Johnson Ditch: Agreements with Three Trees LLC and M.S. 4610 LLC DATE: October 5, 2010 Background 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 extraterritorial water service agreement for provision of City water to this property, in return for 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 platform on the vehicular access easement; and (3) repairs, at Three Trees' cost, to the piped portion of the Si Johnson Ditch. Proposed Extension of Construction Deadline The agreements require the Approach Road to be constructed by Three Trees, at its cost, by October 15, 2010, or Three Trees must contribute $200,000 towards the construction of this road. Three Trees cannot construct the road by the deadline, and has asked for a one -year extension. City staff would prefer to have Three Trees construct the road, rather than pay the money to enable the City or Si Johnson Ditch Company to construct the road at some future date. Therefore, City staff is willing to agree to the extension. The delay in constructing the road is primarily due to the Pitkin County approval process. The County advised Three Trees that it would not approve the road because it is on a steep hillside, but the City, as a governmental entity, could request the County to conduct and expedited extent and location review under its new ordinance. The County is required to issue the permit after conducting this extent and location review. Therefore, City staff anticipates that the permit will be issued, and Three Trees can construct the road in 2011. 1 Three Trees has drafted a proposed First Amendment to the Agreements to provide for this one year extension. A copy is attached. Recommendation. Staff recommends approval of the First Amendment. 2 RESOLUTION NO. Series of 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE 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, the City is party to agreements recorded August 6, 2009 at Reception No. 561702, with Three Trees LLC, M.S. 4610 LLC and Westchester Investments, Inc. ( "Agreements ") whereby Three Trees LLC and M.S. 4610 LLC have agreed to perform or pay for certain road construction and irrigation system repairs to the Si Johnson Ditch; and WHEREAS, the Agreements require Three Trees LLC and M.S. 4610 LLC to either construct the Approach Road to the Si Johnson Ditch, or pay the sum of $200,000 to the Si Johnson Ditch Company by October 15, 2010; and WHEREAS, Three Trees LLC and M.S. 4610 LLC have asked that the deadline of October 15, 2010 be extended for one year, until October 15, 2011, because of construction and permitting delays; and WHEREAS, City staff has advised the City Council that the City and the Si Johnson Ditch Company will be best served by having the Approach Road constructed by Three Trees LLC and M.S. 4610 LLC, and therefore the City staff recommends extension of this deadline and approval of the First Amendment to the Agreements; and WHEREAS, City Council has had the opportunity to obtain such advice and information as it deems appropriate and necessary regarding the proposed First Amendment to Agreements, THEREFORE, BE IT RESOLVED, by the City Council of the City of Aspen, that the First Amendment to the Agreements is hereby approved. The Mayor, City Manager, City Clerk and the Utilities Director are hereby authorized and directed to execute the First Amendment, and any related documents necessary or desirable to effectuate the transactions provided for in the Agreements, as amended by the First Amendment. Dated: APPROVED by the City Council of the City of Aspen on the day of 2010. Mayor Attest: City Clerk FIRST AMENDMENT TO SI JOHNSON DITCH APPROACH ROAD CONSTRUCTION AND PIPELINE REPAIR AGREEMENT This First Amendment to the Si Johnson Ditch Approach Road Construction and Pipeline Repair Agreement ( "First Amendment ") is made and entered into this day of , 2010 by and between THREE TREES, LLC, a Colorado limited liability company ( "Three Trees "), M.S. 4610, LLC, a Colorado limited liability company ( "M.S. 4610 "), and the CITY OF ASPEN, COLORADO, a home rule Colorado municipality (the "City "), and WESTCHESTER INVESTMENTS, INC. ( "Westchester "), all collectively referred to below as the "Parties." WHEREAS, the Parties entered into the Si Johnson Ditch Approach Road Construction and Pipeline Repair Agreement effective August 6, 2009, a copy of which was recorded in the Office of the Pitkin County Clerk & Recorder on August 6, 2009, Reception No. 561706 ( "2009 Agreement "); and WHEREAS, pursuant to Paragraphs 2 and 3 of the 2009 Agreement, Three Trees agreed to use its best efforts to construct the Approach Road on or before October 15, 2010 and, if the road was not constructed, to contribute $200,000 to the Ditch Company by October 15, 2010; and WHEREAS, although Three Trees has used its best efforts to pursue the proposed construction project, additional time is required to complete the project; and WHEREAS, the Parties are willing to extend certain deadlines and change certain terms of the 2009 Agreement as set forth below, provided that except as amended herein, all prior agreements between the Parties shall remain in full force and effect. NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good consideration, the sufficiency of which is acknowledged, the Parties further agree as follows: 1. All defined terms herein shall have the same meaning as set forth in Paragraph A.1 of the 2009 Agreement. 2. The deadline set forth in Paragraphs B.2 and B.3 of the 2009 Agreement for completion of the Approach Road or payment of $200,000 in lieu thereof to the Ditch Company is hereby extended until October 15, 2011. However, should an emergency arise such that a Major Repair to the Ditch becomes necessary in the opinion of a Colorado- registered professional engineer retained by the City or the Ditch Company between the date of this First Amendment and the date that construction of the Approach Road commences, upon request of the City or the Ditch Company Three Trees shall immediately contribute $200,000 in good funds to the Ditch Company to be applied toward such Major Repair, in which case Three Trees shall no longer be obligated to construct the Approach Road. 1 3. Paragraph B.2 of the 2009 Agreement also contemplated that Three Trees would apply for approval from Pitkin County to build the Approach Road and that, if requested by Three Trees, the City would participate as a co- applicant. Since the City is majority owner of water rights decreed to the Si Johnson Ditch, and since water delivered through the ditch is utilized for a variety of public purposes, these provisions are hereby amended such that the City will apply to Pitkin County for location and extent review of the Approach Road construction project pursuant to Pitkin County Ordinance No. 008- 2010, Pitkin County Code Section 2- 30- 30(h)(10), and C.R.S. Section 30 -28- 110(1). Three Trees shall reimburse the City for any application or publication fees associated with such proceeding, and shall provide the City with all engineered drawings or other materials necessary for the City to complete the county's location and extent review process. The City shall file a complete location and extent review application with Pitkin County Community Development on or before December 15, 2010. Thereafter, the Parties shall cooperate to facilitate timely completion of the location and extent review process by Pitkin County. 4. Except as amended herein, all prior written agreements between the Parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment the date and year first above written. THREE TREES, LLC, a Colorado limited liability company By: Warren B. Kanders, Manager M.S. 4610, LLC, a Colorado limited liability company By: Warren B. Kanders, Manager CITY OF ASPEN, COLORADO, a Municipal Corporation and Home Rule City By: Title: WESTCHESTER INVESTMENTS, a Delaware Corporation By: Joan Burton Jensen Title: 2 STATE OF ) ) ss. COUNTY OF ) SUBSCRIBED AND SWORN to before me this day of , 2010, by Warren B. Kanders, Manager of Three Trees, LLC, a Colorado limited liability company. WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: STATE OF ) ) ss. COUNTY OF ) SUBSCRIBED AND SWORN to before me this _ day of , 2010, by Warren B. Kanders, for M.S. 4610, LLC, a Colorado limited liability company, Grantor. WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) SUBSCRIBED AND SWORN to before me this _ day of , 2010, by , City Attorney for the City of Aspen, Colorado, Grantee. WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: 3 STATE OF ) ) ss. COUNTY OF ) SUBSCRIBED AND SWORN to before me this day of , 2010, by Joan Burton Jensen, for Westchester Investments, Inc. Notary Public My commission expires: 4 VIe. MEMORANDUM TO: Mayor and City Council FROM: Andy Rossello, Utilities Engineer THRU: PhD Overeynder, Utilities & Environmental Initiatives Director DATE OF MEMO: October 7, 2010 MEETING DATE: October 12, 2010 RE: Meadowood Raw Water Tap and Water Use Agreement REQUEST OF COUNCIL: This agreement allows for the modification of Meadowood's Raw Water Agreement dated April 10, 1978. This Modification allows Meadowood to route their 100 GPM authorized irrigation flows through the Meadowood pond then to their irrigation system. This will not allow Meadowood to modify its current use as pursuant to the 1978 Raw Water Tap and Water Use Agreement. PREVIOUS COUNCIL ACTION: The City Currently has a Raw Water tap and Water Use Agreement with Meadowood from 1978. BACKGROUND: Meadowood has installed a Stormwater system which modified the existing delivery of their Raw Water supply through a pond. Since they are not allowed impoundments the new storm - system was designed to ensure that their agreed upon 100 gpm is not impounded and delivered as specified in the 1978 agreement DISCUSSION: This returns water flow back to the Holden Ditch and Marolt Open Space Pond nearest the roundabout. Consistent with our raw water usage plan FINANCIALBUDGET IMPACTS: There are no budget impacts as Meadowood will continue paying for raw Water Supplied there is no Financial Burden on the City. ENVIRONMENTAL IMPACTS: The environmental impacts of this agreement are minimal. The installation and completion of the Meadowood Storm System will allow for additional freshening waters and improvements to existing City facilities including additional sediment removal from existing Storm Flows. RECOMMENDED ACTION: Staff recommends that City Council review and execute this amendment to the 1978 Raw Water agreement. Page 1 of 2 ALTERNATIVES: Continue the existing agreement and not allow for Meadowood's Storm Water system to be completed. CITY MANAGER COMMENTS: Page 2 of 2 RESOLUTION NO. 83 Series of 2010 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN ASSIGNMENT AND ADDENDUM TO THE RAW WATER TAP AND WATER USE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE MEADOWOOD METROPOLITAN DISTRICTHONNEN EQUIPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an assignment and addendum to the raw water tap and water use agreement between the City of Aspen, Colorado and the Meadowood Metropolitan District, 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 One That the City Council of the City of Aspen hereby approves that assignment and addendum to the raw water tap and water use agreement between the City of Aspen, Colorado and the Meadowood Metropolitan District, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: , 2010. 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 , 2010. Kathryn S. Koch, City Clerk ASSIGNMENT AND ADDENDUM TO RAW WATER TAP AND WATER USE AGREEMENT This Assignment and Addendum to Raw Water Tap and Water Use Agreement is entered into this day of , 2010, in Aspen, Colorado, between the City of Aspen, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City "), and Meadowood Metropolitan District, a quasi - municipal corporation organized under the laws of Colorado, whose address is P.O. Box 8774, Aspen Colorado 81612 (hereafter "MMD "). WITNESSETH WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, all such laws, charter, ordinances, rules, regulations, policies and resolutions; and WHEREAS, the City provides raw water at the rate of 100 gallons per minute (gpm) for the benefit of MMD= s customers pursuant to a Raw Water Tap and Water Use Agreement dated April 10, 1978, between the City and Meadowood Homeowners Association ( "Meadowood HOA "); and WHEREAS, MMD is successor in interest to Meadowood HOA, and operates a raw water system for the benefit of the Meadowood HOA; and WHEREAS, MMD wishes to take delivery of the 100 gpm in a manner that will permit the water to continue to flow through the Meadowood pond and thence to the raw water irrigation at (location) for subsequent use by the City; and WHEREAS, the City is willing to allow the water to be delivered to its raw water irrigation system as provided herein.. THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and MMD agree as follows: 1. Continued Deliveries of Raw Water to MMD. The City will continue to deliver raw water at the rate of 100 gpm to MMD pursuant to the Raw Water Tap and Water Use Agreement, and the water shall be used by MMD as provided in said agreement. 2. Return Flows. Return flows from the use of the raw water will be delivered to the City's raw water irrigation system at The Marolt Open Space Pond nearest the Roundabout provided, however that the City may request that such return flows be delivered elsewhere in the event of emergency or required maintenance or repairs to the raw water irrigation system at the delivery location. If the City wishes to have the return flows delivered elsewhere, it shall give at least 24 hours notice to MMD, except during an emergency, for which no notice is required. 3. Assignment. MMD has provided evidence to the City demonstrating that it is the assignee of Meadowood HOA and the City consents to the assignment of the Raw Water Tap and 1 Water Use Agreement dated April 10, 1978 to MMD and the assumption by MMD of all of the rights and obligations therein described. 4. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. THE CITY OF ASPEN, COLORADO ATTEST: A Municipal Corporation and Home Rule City By By City Clerk Mayor APPROVED AS TO FORM: Aspen City Attorney Meadowood Metropolitan District By Title Attest: Title 2 '1(1 4 w MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: First Reading of Ordinance # Series of 2010, 1102 Waters Avenue Historic Landmark Designation, Historic Landmark Lot Split and Ordinance #48 Negotiation DATE: October 12, 2010 /f SUMMARY: 1 102 Waters Avenue was 1 *" � `" *' r p c constructed by the Geary family in 1967 K � : �`� ; " based on a design produced by Fritz - Benedict and marketed for construction around the country by Ski Magazine. It is identified on Ordinance #48, Series of 2007 as a "potential historic resource." Owners of property on Ordinance #48 have a few options if they wish to proceed with work. They can request staff or HPC approval for their immediate plans without actually agreeing to designation, they can volunteer for designation based on a package of incentives negotiated with City Council, or they can pass on designation and accept a 90 delay period for the processing of a permit to alter or demolish the building. The three Geary children still own and use the home, but would like to have individual living space on the property. The proposal before Council is voluntary landmark designation, preservation of the Benedict designed house, and creation of a new lot with a building envelope identified to accommodate either a single family house or a duplex in the future. The property is adjacent to the Roaring Fork River. It is flat along Waters Avenue, but approximately half the site drops off steeply to the river. In order to develop the proposed plan, the applicant requests exceptions from some areas of the Municipal Code, specifically Stream Margin review, allowable floor area, and setback requirements. Waiver of affordable housing mitigation and park dedication fees are also proposed, along with extended vested rights. 1 HPC reviewed the proposal on September 2?' and unanimously recommended Council approval with conditions, as listed in Exhibit A. HPC specified aspects of the application that require re- design, particularly the boundaries of the building envelope, and the allocation of floor area. If Council approval for designation, historic landmark lot split and preservation incentives are approved by Council, HPC will review any future plans for development on the site. STAFF RECOMMENDATION: Staff and HPC appreciate the applicant's willingness to consider preservation, rather than demolition of this modern home. It is recommended that Council find the criteria are met for Historic Landmark Designation and Historic Landmark Lot Split, in addition to preservation incentives as specified in the Ordinance. The preservation incentives that are recommended are not identical to those requested in the application. Amendments to the building envelope, and a reduced overall FAR are important to both staff and HPC's support for the project. APPLICANTS: Susan Geary Griffin, Bonnie Geary Grenney, and William Scott Geary. PARCEL ID: 2737 - 182 -66 -001. ADDRESS: 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen. ZONING: R -15, Moderate Density Residential HISTORIC DESIGNATION 26.415.030.B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of 20` century properties like 1102 Waters Avenue is evaluated according to the following criteria: A property or district is deemed significant as a representation of Aspen's 20th Century history, was constructed in whole or in part more than thirty (30) years prior to the year in which the application for designation is being made, possesses sufficient integrity of location, setting, design, materials, workmanship and association and is related to one (1) or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented, or c. A physical design that embodies the distinctive characteristics of a type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 2 Staff Finding: 1102 Waters Avenue was built in 1967, as one home in a subdivision laid out by Aspen architect Fritz Benedict. Benedict's role as a pioneer architect in postwar Aspen, and as an influential mentor to many designers who arrived here from the 50s and on, is well documented in the research paper "Aspen's Twentieth - Century Architecture: Modernism 1945- 1975." This particular vacation home was developed as a prototype for resorts around the country. It reflects both Modern and Wrightian tenets, is a response to the mountain environment and includes Benedict's ideas for dealing with the climate (the cold roof system he invented) and topography (digging the home into the hillside.) The sponsorship by Ski Magazine reflects Benedict's growing influence in the ski industry (he designed the master plans for Vail in 1962, Snowmass in 1967, and Breckenridge in 1971) and his increasing role as a developer. The building is unaltered from the original plan. Staff and the applicant agree that the integrity evaluation for this property warrants a perfect score of 100 points. Staff finds that the criteria for historic designation are met. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.120(A). Recent amendments to the code have rendered the latter two code citations inaccurate. Section 26.470.070(C) previously provided for Growth Management exemption of a new home on a Historic Landmark Lot Split parcel. The exemption is now found at Section 26.470.060(2). Section 26.415.120(A) refers to appeals of HPC decisions. The correct code citation is 26.415.110(A), which is procedures for review of Historic Landmark Lot Splits. The relevant code sections are addressed below. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single - family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; and Staff Finding: The property is located in a subdivision approved by the City, however there is an exemption from this standard for historic properties. 3 b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.470.070(B); and Staff Finding: The applicant proposes to create two lots. Lot 1, which will contain the Benedict house, is 3,995 square feet in size. Lot 2, where new development will occur, is 6,786 square feet in size. Both conform to the lot size requirements (minimum lot size of 3,000 square feet). This property is subject to numerous lot area deductions due to a portion of the property being crossed by the river, and the presence of steep slopes. The application indicates that the property qualifies for a single family home on Lot 1, and a single family home or duplex on Lot 2. c) The lot under consideration, or any part thereof was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a): and Staff Finding: The land has not received a subdivision exemption or lot split exemption. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. f) In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No demolition is proposed. 4 g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: No more than three total units are planned for this property. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT a.) The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R -6, R -15, R -15A, RMF or 0 Zone District. Staff Finding: The subject parcel is 10,781 square feet and is located in the R -15 Zone District. b.) The total FAR for both residences shall be established by the size of the parcel and the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. Staff Finding: FAR is based on the lot size of the "fathering," i.e. existing parcel. In this case, deductions are required due to the topography of the site. The allocation of a limited amount of FAR for an addition to the resource, and transfer of all remaining buildable area to a detached structure is an underlying goal of the Historic Landmark Lot Split. That is the proposal for 1102 Waters Avenue. A Historic Landmark Lot Split such as this would typically generate 3,763 total square feet of FAR to be shared between the parcels. As part of the Ordinance #48 negotiation, the applicant proposes that FAR be calculated based on the size of each newly created parcel, rather than the fathering parcel. Two small lots will garner more FAR than one large one because of the sliding scale that is used for FAR in the City (the larger a lot becomes, the less additional square footage is accrued, in order to have some form of a cap on maximum house size.) Calculating the FAR for each individual lot allows 2,025 for Lot 1 (historic house) and 2,975 for Lot 2 (vacant), for a total of 5,000 square feet of FAR. This is 1,237 square feet greater than the standard method for calculating FAR on a Historic Landmark Lot Split. This site has numerous physical constraints and the envisioned development requires setback variances. Neither Staff nor HPC supports the unorthodox FAR calculation that is proposed. The property should not receive more FAR than is typical for a Historic Landmark Lot Split. As a compromise, and an Ordinance #48 incentive, Staff and HPC support a variance that reduces the penalty for sloped areas on the site. HPC's specific recommendation was that no FAR be allocated to the historic house, beyond its current size. They found that preservation without future additions was appropriate. The exact FAR of the historic house has not been calculated. HPC supported the applicant's request for 2,975 square feet of FAR to be assigned to Lot 2. The property owner will retain the ability to request a 500 square foot FAR bonus from HPC in the future if the proposed new development, when presented, meets the bonus criteria. 5 c.) The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Paragraphs 26.415.120.B.1.a, b and c are only permitted on the parcels that will contains an historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Staff Finding: The development is expected to meet the dimensional requirements of the zone district except for variances to FAR, as described above, setbacks and parking, addressed below. Section 26.470.060(2), Administrative Applications for Growth Management. New houses on a landmark lot split property are exempt from Growth Management competition, but are deducted from the overall residential development ceiling levels. To receive an exemption, affordable housing mitigation is to be provided. The applicant has requested a waiver to remove the requirement to build an ADU(s) on site or pay cash -in -lieu. This request is addressed below. 26.415.110(A), Benefits. This section describes the review process for Historic Landmark Lot Splits. The process is being properly followed. Both HPC and Council will hold noticed public hearings, with Council making their final determination based on a recommendation from HPC. BUILDING ENVELOPES AND STREAM MARGIN EXEMPTION A specific plan for new construction on the site has not been prepared, however the applicant wishes to establish building envelopes, within which all construction activity will be confined, as part of the Ordinance #48 review. The proposed building envelopes will allow for development within the required front and side yard setback area. They also entail an exemption from the Stream Margin review that typically occurs before the Planning and Zoning Commission for properties along the Roaring Fork River. All properties that fall within the area subject to Stream Margin review, including this property, are required to identify a "top of slope" line, with all development setback 15' from the top of slope. In addition, a maximum height is established by a 45 degree angle originating from the top of slope. The applicant met with the City Engineer to determine an agreed upon top of slope line. While it was noted that much of the surrounding development, including the historic house, are set well below the top of slope, the City's modern standards for this issue are important policies. The City Engineer has agreed to support a waiver of the 15' building setback and 45 degree height limit at the top of slope based on existing site conditions. Staff and HPC support this position as well and believe that this is an important and valuable concession that creates a sensitive and feasible area to build on this property. SETBACK VARIANCES The criteria for granting setback variances, per Section 26.415.110.B of the Municipal Code are as follows: In granting a variance, the HPC must make a finding that such a variance: 6 a. Is similar to the pattern, features and character of the historic property or district; and /or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: With regard to setbacks, the zone district, which is generally comprised of parcels that are 15,000 square feet or larger in size, has a deep front yard setback requirement of 25'. In an effort to avoid impacts on the river, the applicant has placed the building envelope for Lot 2 at the front property line, meaning that little to no front setback can be expected. The property does have a significant area of right of way between the pavement and private property, which can provide a green foreground. Staff and HPC find that the front of the building envelope is appropriate in order to offset impacts to neighbors and the river as discussed above. The west sideyard meets the 10' setback requirement, and one of the conditions of HPC's approval was for the applicant to revise the proposed building envelope to provide a 10' east sideyard to conform with code as well. The building envelope requires a rear yard setback variance of 5' along the north, adjacent to neighboring condominiums. Staff and HPC support this placement, although some neighborhood objection has been received. Setback variances are within HPC's purview and they have approved the building envelope as described above. Council agreement is needed as part of the Ordinance #48 incentives discussion. It should be noted that the applicant's representative will demonstrate that almost no property in the Calderwood Subdivision conforms to setback requirements. ON - SITE PARKING The applicant is requesting all on -site parking for Lot 2 be waived. If Lot 2 is developed. as a duplex, four spaces would be required. In order to grant a parking waiver, HPC must find that the review standards of Section 26.415.110.0 of the Municipal Code are met. They require that: 1. The parking reduction and waiver of payment -in -lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. Staff Response: There is no on -site parking now, and none is required to be provided for the historic house. Staff understands that the applicant is contemplating at least constructing a one car garage for each unit that is constructed, however the building envelope is constrained and a garage may not be possible. 7 Staff and HPC support parking waiver for this project. Parking is available on the street. Parking variances are within HPC's purview and they have approved the waiver as described above. Council agreement is needed as part of the Ordinance #48 incentives discussion. FEE WAIVERS The applicant is requesting two fee waivers, which are policy matters to be weighed by Council. They are requesting that affordable housing mitigation, roughly $219,000 for Lot 2, be eliminated. They are also requesting waiver of Park Dedication fees, which are $4,429 for each new bedroom, be eliminated. Both the Housing Office and the Parks Department are opposed to the waivers, per their attached referral comments. Staff's notes that there is already a waiver of affordable housing mitigation fees in place when an owner adds a second, condominiumized unit on the same parcel as the historic resource (not on an adjacent lot.) Council may wish to consider a waiver given the fact that roughly $219,000 in affordable housing mitigation would not be assessed in that circumstance. HPC supported Council making some reduction. VESTED RIGHTS Once a land use approval is granted, it never expires, however it can become subject to new laws after a certain period of time. "Vested Rights" is the time period when the approval is protected from most changes that may be adopted (approvals are never protected from amendments to the Building Code, and some other life /safety issues.) The City is required to provide a 3 year vesting period. The applicant's request for 10 year vesting is a policy matter for Council. RECOMMENDATION: Staff and HPC appreciate the cooperative spirit of this application and recommend Council approve Historic Landmark Designation and Ordinance #48 negotiation with the modifications identified in the ordinance. CITY MANAGER COMMENTS: PROPOSED MOTION: "I move to approve Ordinance #L Series of 2010, on First Reading." Exhibits: Ordinance #_, Series of 2010 A. HPC Resolution #11, Series of 2010 B. Integrity Scoring Sheet C. Public comment D. Referral comments from Housing and Parks E. "Aspen's Twentieth- Century Architecture: Modernism 1945- 1975." (Previously provided to Council) F. Application 8 ORDINANCE # .4 3 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT, AND ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR PRESERVATION OF POTENTIAL HISTORIC RESOURCES FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE, LOT 14, CALDERWOOD SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737 - 182 -66 -001 WHEREAS, 1102 Waters Avenue, which is Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado, is included on Exhibit A to Ordinance No. 48, Series of 2007, as a potential historic resource. Said Ordinance is codified at Section 26.415.025 of the Municipal Code and provides for a ninety day period during which Council may negotiate with the property owner for a mutually acceptable agreement that preserves the resource; and WHEREAS, the property owners, Susan Geary Griffin, Bonnie Geary Grenney, and William Scott Geary, represented by Haas Land Planning, LLC, have voluntarily applied for Historic Landmark Designation, Historic Landmark Lot Split, and preservation incentives; and WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation period set forth in the Code, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the Potential Historic Resource. The property owner shall be provided notice of this meeting with the Historic Preservation Commission;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission on September 22, 2010; and WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation Commission considered the application and recommended Council approval of Historic Landmark Designation, a Historic Landmark Lot Split, building envelopes and related setback and Stream Margin variances, on -Site Parking variances and fee waivers with conditions as stated in HPC Resolution #11, Series of 2010; and WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation period set forth in the Code, "the Community Development Director shall confer with the City Council regarding the proposed building permit, the nature of the Potential Historic Resource, and the staff and Historic Preservation Commission's assessment of the Resource and the effects of the building permit upon the Resource. The property owner shall be provided notice of this meeting with the City Council; and 1102 Waters Avenue Ordinance #mss; Series of 2010 Page 1 of 7 WHEREAS, the property owners' representative met with City Council during a public hearing on October 25, 2010; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2), Subdivision Exemptions, Lot Split The split of a lot for the purpose of the development of one detached single - family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f) In the case where an existing single - family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single - family home; and 1102 Waters Avenue Ordinance # , Series of 2010 Page 2 of 7 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single - family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R -6, R -15, R -15A, RMF, or MU (formerly 0) zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Mixed Use (formerly Office) zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R -6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R -6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 26.470.070(C), GMQS Exemption, Historic Landmark Lot Split The construction of each new single - family dwelling on a lot created through review and approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings; and 26.415.010(D), Historic Landmark Lot Split A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council; and 1102 Waters Avenue Ordinance # , Series of 2010 Page 3 of 7 WHEREAS, in addition to Historic Landmark Designation and Historic Landmark Lot Split, the applicant has identified preservation incentives that are requested as part of the negotiation process. Those incentives include the establishment of building envelopes, within which all construction activity would be confined. The building envelopes would replace and supersede the otherwise required setbacks and replace the need for further Stream Margin review. The applicant requests that allowable floor area be calculated as if the newly created parcels were pre- existing lots of record. The applicant requests waiver of on -site parking requirements, waiver of Park Dedication Fees and Affordable Housing Mitigation/Cash -In -Lieu ADU Fees, and a vested rights period of 10 years; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff reports to the Historic Preservation Commission and City Council, performed an analysis of the application, found that the review standards for Historic Landmark Designation, Historic Landmark Lot Split, Setback variances and On -Site Parking variances had been met, and recommended approval. The staff report also addressed the proposed preservation incentives which are to be determined by Council; and WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation Commission considered the application for Historic Landmark Designation, Historic Landmark Lot Split, Setback variances and On -Site Parking variances, found the application was consistent with the review standards and unanimously recommended approval by a vote of seven to zero (7 to 0), with conditions. The HPC also discussed and clarified their recommendations to Council regarding incentives being negotiated through Ordinance #48, Series of 2007. WHEREAS, the City Council find's that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Historic Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves Historic Designation for 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado. Section 2: Ordinance #48, Series of 2007 Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby grants the following Land Use entitlements, conditioned upon the voluntary landmark designation of 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado: 1102 Waters Avenue Ordinance # , Series of 2010 Page 4 of 7 1. Lot 1, which contains the historic resource, shall be assigned a maximum FAR of 2,024 square feet. (NOTE: Neither staff or HPC supports the applicants' FAR proposal. The recommendation is that no FAR above and beyond what is necessary to encompass the existing construction shall be allocated to Lot 1. The house is to be preserved without any future additions. An accurate FAR calculation of the existing house, verified by the City of Aspen Community Development Department, shall be completed and noted on the Subdivision Exemption Plat as the maximum FAR for Lot 1.) 2. The allowable FAR for Lot 2 is to be established at 2,975 square feet. The applicant is eligible to apply for a 500 square foot FAR bonus from HPC in the future. This shall be noted on the Subdivision Exemption Plat. 3. Total allowable FAR has been determined by treating Lots 1 and 2 as pre- existing lots of record, an incentive requested as part of Ordinance #48 negotiations. (NOTE: According to the methodology for calculating FAR on a historic landmark lot splits, stated at Section 26.480.030(A)(4) of the Municipal Code, the property is permitted 3, 763 square feet of FAR, not 4,999 square feet as requested by the applicant. To the extent that the combination of the FAR that HPC has recommended be allotted to Lot 2 (2,975 square feet) and the existing construction on Lot 1, exact FAR unknown at this time, exceeds 3,763 square feet, staff and HPC recommend that Council waive the slope reduction calculation that affects the subject property, as a preservation incentive. Staff estimates that this variance is approximately 250 square feet of FAR, but without the applicants' measurement of the existing house, we cannot confirm this.) 4. Council hereby approves the proposed building envelopes and the associated setback waivers and Stream Margin Review exemptions that run with the envelopes. (NOTE: Staff and HPC recommend the east boundary of the building envelope on Lot 2 be amended so that there is a 10' setback from the property line that divides Lots 1 and 2.) 5. Council hereby affirms 14PC's waiver of all on -site parking requirements for the future development of Lot 2. 6. Council hereby waives all Affordable Housing and Park Development fees that will be generated by future redevelopment of this site. (NOTE: Based on the referral comments provided by the City of Aspen Parks Department and Aspen/Pitkin County Housing Authority, and the recommendation of the Aspen Historic Preservation Commission, it is recommended that Council deny the applicant 's request to waive all Affordable Housing and Park Dedication fees, but consider approving waiver of a portion of the fees associated with Lot 2 because the fathering parcel is eligible for a second free market unit exempt from GMQS.) Section 3: Severability 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 1102 Waters Avenue Ordinance # , Series of 2010 Page 5 of 7 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: Vested Rights The Land Use entitlements granted herein shall be vested for a period of ten (10) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of ten (10) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 1102 Waters Avenue Ordinance # , Series of 2010 Page 6 of 7 Section 6: Public Hearing A public hearing on the ordinance shall be held on the 25 day of October, 2010 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published 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 , 2010. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2010. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 1102 Waters Avenue Ordinance #_, Series of 2010 Page 7 of 7 - FAAAtL a - 7 E N A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) RECOMMENDING CITY COUNCIL APPROVAL OF HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT AND PRESERVATION INCENTIVES FOR THE PROPERTY LOCATED AT 1102 WATERS AVENUE, LOT 14, CALDERWOOD SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #11, SERIES OF 2010 PARCEL ID: 2737 - 182 -66 -001 WHEREAS, 1102 Waters Avenue, which is Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado, is included on Exhibit A to Ordinance No. 48, Series of 2007, as a potential historic resource. Said Ordinance is codified at Section 26.415.025 of the Municipal Code and provides for a ninety day period during which Council may negotiate with the property owner for a mutually acceptable agreement that preserves the resource; and WHEREAS, the property owners, Susan Geary Griffin, Bonnie Geary Grenney, and William Scott Geary, represented by Haas Land Planning, LLC, have voluntarily applied for Historic Landmark Designation, Historic Landmark Lot Split, and preservation incentives; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2), Subdivision Exemptions, Lot Split The split of a lot for the purpose of the development of one detached single - family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and 1102 Waters Avenue HPC Resolution #11, Series of 2010 Page 1 of 4 d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f) In the case where an existing single- family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single - family home; and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single - family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R -6, R -15, R -15A, RMF, or MU (formerly 0) zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Mixed Use (formerly Office) zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R -6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R -6 standards. 1102 Waters Avenue HPC Resolution #11, Series of 2010 Page 2 of 4 If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 26.470.070(C), CMQS Exemption, Historic Landmark Lot Split The construction of each new single - family dwelling on a lot created through review and approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings; and 26.415.010(D), Historic Landmark Lot Split A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council; and WHEREAS, the applicant has identified preservation incentives that are requested as part of the negotiation process. Those incentives include the establishment of building envelopes, within which all construction activity would be confined. The building envelopes would replace and supersede the otherwise required setbacks and replace the need for further Stream Margin review. The applicant requests that allowable floor area be calculated as if the newly created parcels were pre- existing lots of record. The applicant requests waiver of on -site parking requirements, waiver of Park Dedication Fees and Affordable Housing Mitigation/Cash -In -Lieu ADU Fees, and a vested rights period of 10 years; and WHEREAS, Amy Guthrie, in her staff report to HPC dated September 22, 2010, performed an analysis of the application, found that the review standards for the areas within HPC's purview, namely Historic Landmark Designation, Historic Landmark Lot Split, Setback variances and On- Site Parking variances had been met, and recommended approval. The staff report also addressed the proposed preservation incentives which are to be determined by Council; and WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation Commission considered the application for Historic Landmark Designation, Historic Landmark Lot Split, Setback variances and On -Site Parking variances, found the application was consistent with the review standards and unanimously recommended approval by a vote of seven to zero (7 to 0). The HPC also discussed and clarified their recommendations to Council regarding incentives being negotiated through Ordinance #48, Series of 2007. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends Council approval of Historic Landmark Designation, Historic Landmark Lot Split, Setback variances and On -Site Parking variances for 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado with the following conditions: 1102 Waters Avenue HPC Resolution #11, Series of 2010 Page 3 of 4 1. No FAR above and beyond what is necessary to encompass the existing construction should to be allocated to Lot 1, which contains the historic resource. The house is to be preserved without any future additions. 2. The allowable FAR for Lot 2 is to be established at 2,975 square feet, as proposed by the applicant. The applicant is eligible to apply for a 500 square foot FAR bonus from HPC in the future. 3. According to the methodology for calculating FAR on a historic landmark lot splits, stated at Section 26.480.030(A)(4) of the Municipal Code, the property is permitted 3,763 square feet of FAR. To the extent that the combination of the FAR that HPC has recommended be allotted to Lot 2 (2,975 square feet) and the existing construction on Lot 1 (exact FAR unknown at this time) exceeds 3,763 square feet, HPC recommends that Council waive the slope reduction calculation that affects the subject property, as a preservation incentive. 4. HPC supports the proposed building envelopes and the associated setback waivers and Stream Margin Review exemptions that run with the envelopes, with the condition that the east boundary of the envelope on Lot 2 be amended so that there is a 10' setback from the property line that divides Lots 1 and 2. 5. HPC grants waiver of all on -site parking requirements for the future development of Lot 2. 6. HPC recommends Council determine the appropriateness of fee waivers, but the HPC does recommend that Council consider reductions to the otherwise required fees. 7. HPC recommends Council determine the appropriateness of extending vested rights. APPROVED BY THE COMMISSION at its regular meeting on the 22" day of September, 2010. Sarah Broughton, Chair Approved as to Form: Jim True, Special Counsel ATTEST: Kathy Strickland, Chief Deputy Clerk 1102 Waters Avenue HPC Resolution #11, Series of 2010 Page 4 of 4 INTEGRITY ASSESSMENT- MODERNIST Integrity is the ability of a property to convey its significance. • LOCATION Location is the place where the historic property was constructed or the place where the historic event occurred. 5 - The structure is in its original location. 3 - The structure has been moved within the original site but still maintains the original alignment and proximity to the street. 0 - The structure has been moved to a location that is dissimilar to its original site. TOTAL POINTS (maximum of 5) STAFF SCORE: 5 • DESIGN Design is the combination of elements that create the form, plan, space, structure, and style of a property. BUILDING FORM 10 -The original plan form, based on authenticating documentation, is still intact. 6 - The plan form has been altered, but the addition would meet the design guidelines. 0 - Alterations and/or additions to the building are such that the original form of the structure is obscured. ROOF FORM 10 -The original roof form is unaltered. 6 - Additions have been made that alter roof form that would meet the current design guidelines. 0 - Alterations to the roof have been made that obscure its original form. SCALE 5 - The original scale and proportions of the building are intact. 3 - The building has been expanded but the scale of the original portion is intact and the addition would meet the design guidelines. 0 - The scale of the building has been negatively affected by additions or alterations. SOLID/VOID PATTERN 10 - The original pattern of glazing and exterior materials is intact. 6 - The original pattern of glazing and exterior materials has been altered but in a manner that would meet the design guidelines. 0- The original pattern of glazing and exterior materials is altered. CHARACTER- DEFINING FEATURES 10 — The horizontal or geometric form, minimalist detailing and features that relate the building to its environment are intact. 6 - There are minor alterations to the horizontal or geometric form, minimalist detailing and features that relate the building to its environment. 0 - There have been major alterations to the horizontal or geometric form, minimalist detailing and features that relate the building to its environment. TOTAL POINTS (maximum of 45) STAFF SCORE: 45 • SETTING Setting is the physical environment of a historic property. 5- The physical surroundings are similar to that found when the structure was originally constructed. 3 -There are minor modifications to the physical surroundings but the changes conform to the design guidelines. 0- The physical surroundings detract from the historic character of the building. TOTAL POINTS (maximum of 5) STAFF SCORE: 5 • MATERIALS Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. EXTERIOR SURFACES 15- The original combination of exterior wall materials and glazing are intact. 10 -There have been minor alterations to the original exterior wall materials and glazing made in a manner that conform to the design guidelines. 5- There have been major changes to the original combination of exterior wall materials and glazing. 0- All exterior wall materials and glazing has been replaced. DOORS AND WINDOWS 10- All or most of the original door and window units are intact. 5 - Some of the original door and window units have been replaced but the new units would meet the design guidelines. 0 - Most of the original door and window units have been replaced with units that would not meet design guidelines. TOTAL POINTS (maximum of 25) STAFF SCORE: 25 • WORKMANSHIP Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. COMPOSITION 15 -The structural composition that distinguishes the stylistic category of Modernism is intact. Detailing is reduced to composition of elements instead of decorative effects. No decorative elements are used. Design is focused on rationality, reduction, and composition. It is meant to separate itself from style and sentimentality. Materials are generally manufactured and standardized. The "hand" is removed from the visual outcome of construction. Surfaces are smooth with minimal or no detail at window jambs, grade, and at the roof edge. 10 -There have been some alterations to the structural composition that would meet the design guidelines 0 - There have been some alterations to the structural composition that would not meet the design guidelines FINISHES & COLOR SCHEME 5 - The neutral or monochromatic color scheme and finishes that define the stylistic category of Modernism is intact. 3 - There have been minor alterations to the neutral or monochromatic color scheme and finishes that define the stylistic category of Modernism. 0- There have been significant alterations to the neutral or monochromatic color scheme and finishes that define the stylistic category of Modernism. TOTAL POINTS (maximum of 20) STAFF SCORE: 20 MAXIMUM NUMBER OF POINTS= 100 MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS TOTAL STAFF SCORE: 100 POINTS Amy Guthrie From: Fonda Paterson [fondapaterson@mac.com] Sent: Wednesday, September 08, 2010 4:10 PM To: Amy Guthrie; Sara Adams Cc: Scott & Wendy Geary; Bonnie Grenney Subject: 1102 E. Waters historic designation To the Historic Preservation commission: We are in full support of the Geary, Grenney, Griffin application for historic designation of the Benedict designed ski chalet at 1102 E. Waters. Fonda & Charles Paterson 1104 E. Waters Ave. Aspen, CO Email secured by Check Point • 1 Amy Guthrie From: Rothschild, Andrew [arothschild @lewisrice.com) Sent: Wednesday, September 15, 2010 4:10 PM To: Amy Guthrie Cc: ivette rothschild; Steve Hach; blenddog @sopris.net mark @uhlfelder.com; novillus @earthlink.net; Mitch Haas Subject: 1102 Waters Ave. Amy -I met you in July at your office. My wife and I own Unit 16 at 1050 Waters. We are the two story unit immediately adjacent to 1102 Waters. I have met with Mitch Haas re: the Application filed by the Owners of 1102 Waters and my wife has talked to the. Owners about it. We appreciated the opportunity to discuss the Aplication with the Owners and Mitch Haas and we accept their information that they are pursuing the proposed Lot Split for their personal use. At the same time, we realize that, if successful in obtaining a Lot Split and building envelope, the Owners would be able to sell the Lot to a third party for development. While we are interested in being good neighbors, because of the possibility of a sale of the Lot to a third party, we focus our comments on the merits of the proposal. We are concerned primarily with the requested waiver of the Stream Margin Review and the requested variance from the property line setbacks. We believe these requests reflect the uncertainty of whether any structure is feasible on the proposed Lot under existing Aspen code and regulations. We expect the Historic Preservation Commission and, ultimately, the City Council to assess this Application consistent with the existing land use and zoning policies and requirements that have been applied to other comparable Applications. Thank you for considering our input. Andy Rothschild. My e-mail is arothschild@lewisrice.com and I can be reached at 314 -517 -4122. Andrew Rothschild arothsch Ildgblewisrice.com 600 Washington Avenue Suite 2500 St. Louls, Missouri 63101 314.444.7603 (direct) 314.612.7603 (fax) www.lewisrice.com This message, including attachments, Is from the law firm of Lewis, Rice & Fingersh, LC. m/s message contains information that may be confidential and protected by the attorney- client or attorney work product privileges. If you are not the Intended recipient promptly delete this message and notify the sender of the delivery error by return e-mail or call us at 314 - 444 -7600. You may not forward, print, copy, distribute, or use the Information in this message if you are not the intended recipient. ********"*""' IRS Circular 230 Disclosure: To comply with U.S. Treasury Department regulations, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (1) avoiding penalties that the IRS might attempt to impose on a taxpayer, or (ii) promoting, marketing or recommending to another party any transaction, arrangement, or other matter. There is no limitation by this Firm on the disclosure of the tax treatment or tax structure of any transaction, arrangement, or matter discussed herein by the intended recipient of this communication. Email secured by Check Point 1 Amy Guthrie From: Ned Sullivan [novillus @earthlink.net] Sent: Monday, September 13, 2010 6:49 PM To: Amy Guthrie Cc: HPC Subject: 1102 Waters Avenue application of 15 July 2010 Regarding the hearing for the 1102 E. Waters Avenue application of 15 July 2010, I would like to submit my written comments. Y am a downstream neighbor and full -time resident /owner of a unit at 1150 E. Waters Ave. While I would love to see the existing small house at 1102 E. Waters Ave. remain as is, I am opposed to some of the requested variances for the proposed lot split. Ideally, I would like nothing built there ever, but realize that that NIMBY notion is impossible. However, I feel that the proposed building envelope is too large, and the setback variance for the downstream "back" property line puts any potential new building much too close to the adjacent existing building (Townhouses by the River) at 1050 E. Waters Ave. There are also some mature, healthy spruce and cottonwood trees which would probably be adversely affected by building so close to the property line. I would have no objection to building right to the (front) lot line along E. Waters Ave., but am opposed to the potential size /mass of a new building on Lot 2, and the setback variance requested along the back property line adjacent to 1050 E. Waters Ave. The present owners of the as -yet undivided lot may need some incentives to preserve the existing F. Benedict - designed house, but don't need to be awarded the right to build a huge trophy home or duplex as a reward. I am hoping that some compromise can be agreed upon in the form of downsizing the bonus FARS and setback variances as requested. I will not be able to attend the hearing on 22 September, along with several other owners, but would like to have my thoughts and concerns on record for the hearing. I am sure that other people will comment on this subject as well, and I suspect that many others will also ask for denial of some of the requested "incentives ". Thank you for your consideration to this letter. Edward M. Sullivan Email secured by Check Point 1 Amy Guthrie From: Georgeann Waggaman [gwagg @rof.net] Sent: Friday, September 03, 2010 9:54 AM To: Amy Guthrie Subject: Waters Av Amy, I am very much in support of the Geary et al Cabin proposal for Waters Ave. I can understand as their families grow there is a need for more space. I think it will be wonderful to keep the A -Frame and have it designated Historical. It is unique, and an asset to our street. I think the Geary family are the best possible people to develop a new property, after all, they will have to live beside it and endure the construction more than any one! They love the land and the neighborhood and have no desire to overbuild. I fear what could be built there if they had to sell and someone with no sensitivity to the street came in to develop it. I encourage you to help make this go smoothly for them, this it what HPC is all about. Thanks, Georgeann Waggaman 1112 Waters Email secured by Check Point 1 Amy Guthrie From: M,T. [blenddog@sopris.net] Sent: Wednesday, September 01, 2010 7:33 AM To: Amy Guthrie; mark @uhlfelder.com; ivette rothschild; Steve Hach Subject: 1102 Waters Ave Amy, Good morning...long time no speak. Please pass on my comments to Sarah Broughton and HPC. I own unit #15 at 1050 Waters ave. I am the river level unit most adjacent to the proposed lot split at 1102 Waters Ave. When I bought my unit (whether for rental or personal use) I had every reasonable belief that if ever 1102 Waters ave was re- developed it would be done - - -as all property in the city -- according to the legal setbacks etc of the building code. I know first hand owning an HPC designated property DOES NOT GUARANTEE any future development rights. I am vehemently opposed to any granting of variances in decreasing stream and left side setbacks.{ Stream setback may actually not be encroachable without a comprehensive State riparian environmental impact study...} I am opposed to any variances in Height. I am not opposed to increased FAR or granting a variance to encroach on city right of way on the Waters Ave side of the subject property. I do not feel the applicant is entitled to 10 year vested rights or waiver of on site parking. Thank you for your time, Mark Tye 970 - 925 -7429 blenddo a,sopris. net The above comments are as an individual property owner. I am also on the HOA Board of 1050 Waters Ave and we are unanimously opposed to this application on the grounds of how it will negatively effect us as the most adjacent property owners... Email secured by Check Point 1 i Historical Preservation Commission September 20, 2010 Amy Guthrie Aspen, CO 81611 Dear Commission Members: Being a full time resident in the Calderwood subdivision on East Waters Avenue, I am in support of the Geary Family (Geary, Griffin, and Grenney) making their Fritz Benedict designed A- Frame ski chalet historic to preserve what Aspen was in the earlier days of skiing. In doing this, the family has asked for various concessions to be able to build another family home on the rest of the property. I understand why they need this special consideration of what they are asking; otherwise that lot would be near impossible to build on. Regards, \ \\1� `3 I l2 5Y-A/1 \ol 1Th MEMORANDUM TO: Amy Guthrie FROM: Cindy Christensen, Housing DATE: September 1, 2010 RE: 1102 WATERS AVENUE, HISTORIC LANDMARK DESIGNATION Parcel ID No. 2735- 182 -66 -001 ISSUE: The applicant is offering to voluntarily place a Historic Landmark on their 1967 home through the historic landmark process where the City provides incentives for this preservation - minded effort. BACKGROUND: The site is irregularly shaped, contains steep slopes, and is crossed by the Roaring Fork River. The applicant is seeking to establish building envelopes for future development whereby requesting waivers of affordable housing fees, park dedication fees, and on- site parking requirements. The Historic Preservation Committee will make recommendations to the City Council. The home was built in 1967 and designed by Fritz Benedict. The home was the "Ski Home of the Month" in the 1967 spring issue of Ski Magazine. In exchange for the voluntary historic preservation of the property, the benefits that the applicant is seeking include the following: 1. Historic Landmark Lot Split approval. 2. Platting of building envelopes that supersede and replace otherwise applicable setback requirements, including those associated with Stream Margin Review, for each of the resulting lots. Any subsequent development within these building envelopes will not be subject to Stream Margin Review but will be subject to HPC review and approval. 3. A 500 square foot FAR bonus. 4. Waiver of the affordable housing mitigation requirements, the park dedication fee, and a parking waiver for Lot Two (the vacant lot). 5. Ten years of vested property rights. The applicant is proposing to split the lot in the following manner: Lot 1 (the fathering parcel): Retains 2,531 square feet of effective lot area and retain the historic resource. After the lot split, Lot 1 will be allowed 2,024 square feet of floor area. Lot 1 contains the historic resource, therefore, no affordable housing mitigation is required. Lot 2: The new lot will have 3,916 square feet of effective lot area for FAR calculations. Lot 2 will be allowed 2,656 square feet of floor area for a single - family home or 2,975 square feet of floor area for a duplex. The applicant is also seeking a 500 square foot floor area bonus for Lot 2, enabling up to 3,156 square feet of floor area for a single - family residence or 3,475 square feet of floor area for a duplex. This resulting Lot 2 is a vacant lot and would be subject to the requirements of Section 26.470.060(2) of the Code, which requires affordable housing mitigation. The applicant desires and exemption from this requirement. The mitigation fee required for the two proposed developments are as following: • Single - family home — 2,656 square feet of FAR. At $73.74 per square foot payment -in -lieu fee instead of an ADU would be $195,853.44. If the requested 500 square foot FAR bonus is granted and used, the payment -in -lieu fee would increase to $232,723.44. • Duplex — 2,975 square feet of FAR. At $73.74 per square foot payment -in -lieu fee instead of an ADU would be $219,376.50. If the requested 500 square foot FAR bonus is granted and used, the payment -in -lieu fee would increase to $256,284.50. The applicant states that the fee represents a substantial imposition on and disincentive to voluntarily designate the home as a Historic Landmark and feels that this designation provides substantial community benefit. Code Section 26.420- 020(B) states, "Accessory Dwelling Units or cash in lieu fees shall not be required on properties where a 'Historic Landmark Lot Split' is approved after March 31, 2002." Therefore, on the fathering parcel, affordable housing mitigation is exempt. However, the current requirement for mitigation on the vacant parcel can be satisfied by one of five options: 1. Providing an above - grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2. Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3. Providing an off -site affordable housing unit within the Aspen Infrll Area accepted by the APCHA and deed - restricted in accordance with the APCHA Guidelines, as amended; 4. Paying the applicable affordable housing impact fee pursuant to the APCHA Guidelines, as amended; or 5. Recording a resident - occupancy (RO) deed restriction on the single - family dwelling unit being constructed. The applicant is requesting a waiver of all five options due to the following: 1. The Code requires a stand - alone, detached ADU with its own parking on the newly development Lot 2. According to the applicant, due to the proximity to the Roaring Fork River, the shape of the property and the angle of the adjacent street, this unit would crowd 2 the property and result in obscuring/compromising primary views of the Benedict - designed home in its setting. 2. Same as above. 3. Off -site units are not accepted by APCHA. 4. Impact fee have the potential to increase dramatically before a house is likely to be development on Lot 2 and the fee represents a substantial imposition on and disincentive to the applicant. 5. Sameas 4. Staff believes that the only viable option on this parcel would be the payment of the impact fee. Below are the design standards under Section 26.520: All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10 %) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10 %) of which must be closet or storage area. 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a) An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to special review; b) An ADU or carriage house must have separately accessible utilities. This does not preclude shared services; c) An ADU or carriage house shall contain a kitchen containing, at a minimum, an oven, a stove with two (2) burners, a sink and a refrigerator with a minimum of six (6) cubic feet of capacity and a freezer; and d) An ADU or carriage house shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower. 3. One (1) parking space for the ADU or carriage house shall be provided on -site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be stacked with a space for the primary residence. 4. The finished floor heights of the ADU or carriage house shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure. 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area shall qualify as a detached ADU or carriage house. No other connections to the primary residence or portions thereof, shall qualify the ADU or carriage house as detached. 6. An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. 3 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADU's and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, the International Building Code requirements related to adequate City of Aspen Land Use Code natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. (Ord. 53 -2003, § 2) 26.520.060. Calculations and measurements. A. Floor area. ADUs and carriage houses are attributed to the maximum allowable floor area for the given property on which they are developed, pursuant to Section 26.575.020, Calculations and measurements. B. Net livable square footage. ADUs and carriage houses must contain certain net livable floor area, unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of floor area inasmuch as it measures the interior dimensions of the unit. (Ord. No. 53 -2003, § 2) 26.520.070. Deed restrictions and enforcement. A. Deed restrictions. At a minimum, all properties containing an ADU or a carriage house shall be deed restricted in the following manner: • The ADU or carriage house shall be registered with the Aspen/Pitkin County Housing Authority. • Any occupant of an ADU or carriage house shall be qualified as a local working resident according to the current Aspen /Pitkin County Housing Authority Guidelines, as amended. • The ADU or carriage house shall be restricted to lease periods of no less than six (6) months in duration or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. A detached and permanently affordable Accessory Dwelling Unit or Carriage House qualifying a property for a floor area exemption, pursuant to Subsection 26.575.020.A.6, shall be deed restricted as a "for sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen /Pitkin County Housing Authority Guidelines, as amended and according to the following sales price limitations: 4 • Accessory dwelling units from 300 to 500 net livable square feet — Category 3 or lower. • Accessory dwelling units from 501 to 800 net livable square feet — Category 4 or lower. • City of Aspen Land Use Code • Carriage houses from 800 to 1,000 net livable square feet — Category 5 or lower. • Carriage houses from 1,001 to 1,200 net livable square feet — Category 6 or lower. Category sales prices shall be those specified in the Aspen/Pitkin County Housing Authority Guidelines, as amended. The initial developer may select the first qualified purchaser of the unit. Subsequent conveyances shall be according to the lottery sales procedures specified in the Aspen/Pitkin County Housing Authority Guidelines, as amended. Accessory dwelling units deed restricted to mandatory occupancy in exchange for a floor area bonus, prior to the adoption of Ordinance No. 46, Series of 2001, shall be continuously occupied by a local working resident, as defined by the Aspen /Pitkin County Housing Authority, for lease periods of six (6) months or greater, unless the owner is granted approval to remove that restriction pursuant to Subsection 26.520.090.A, Insubstantial amendments. The Aspen /Pitkin County Housing Authority shall provide a standard form for recording accessory dwelling unit or carriage house deed restrictions. The deed restriction shall be recorded with the County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU or carriage house. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting held September 1, 2010 and although the City Council is the final approval regarding exempting fees, the Board is recommending that the payment -in -lieu fee be required for any development on Lot 2. If an owner of Lot 2 is a qualified employee and provides documentation to that effect to the Housing Office, said owner /employee has the right to defer the mitigation payment until such time a non - qualifying buyer purchases the home. An Affordable Housing Impact Fee Deferral Agreement will be required to be recorded on the property in order to have the mitigation fee deferred. 5 Memorandum Date: August 18, 2010 To: Amy Guthrie, Community Development HPC From: Brian Flynn, Parks Department Re: 1102 Waters Ave, DRC review Parks Department Requirements: 1. Any future development, access infrastructure or demolition within the proposed envelopes will require an approved tree permit. Please contact the City Forester at 920 -5120. Mitigation for removals will be paid cash in lieu or on site. Per City Code 13.20. 2. With any future development 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 standard for this fencing denoted on the plan. This is critical and required at all times around the large spruce tree adjacent to the river corridor. Per City Code 13.20. 3. The Parks Department is not supporting waiving any impact fees associated with Lot 2. For the benefit of the historic resource, Parks would consider waiving fees if Lot 2 is developed by the family. If the lot is sold on the free market then the fees should be applicable to any non - family owned lot. 4. Parks is concerned with the blanket request to exempt stream margin requirements within the envelopes. Especially since the proposed envelope for lot 2 crosses over the top of slope. The Applicant should be required to keep the envelope within the top of slope at a minimum. The applicant should identify that no work of any kind associated with future development will be allowed outside of the envelopes. A utility and access plan should be identified and adopted in exchange for exemption of stream margin review. 5. The applicant shows a proposed landscape envelope. This is unclear what is intended for this space. These need to be outline and defined as to the uses and purposes and exact locations. The property is significantly impacting the site and river corridor and should be limited to the development envelopes with all construction and landscaping. Parks discourages allowing hardscape out side of the building envelopes. 6. Parks request that the applicant provide a fisherman's easement along the high - water marks of the Roaring Fork River. The AACP has identified the desire to provide a public trail along the length of the river corridor. Easements may not be used but should be acquired in order to facilitate this community goal. October 12, 2010 DELIVERED BY HAND Aspen City Council City Hall Aspen CO 81611 Castle Creek Hydro Update: Independent Review and Mediation Dear Honorable Mayor Mick Ireland and City Council members: We are well along initiating the two -step process: independent expert review through the Healthy Rivers and Streams program followed by a facilitated stakeholder mediation process. We understand that Council's consideration of the proposed subdivision, rezoning and other land use issues has been continued until November 8, 2010, which allows this two -step public process to get well underway. After Healthy Rivers and Streams Board approval on September 17, 2010, the board through County Attorney John Ely has selected and will engage an environmental attorney, water counsel, a water engineer /hydrologist, and an aquatic biologist for the independent expert review of the streamflow -- but not the land use, financial or other aspects of the City's project. For this purpose, we will work with City staff to assemble and furnish all studies and analyses pertaining to water rights, streamflow protection, FERC licensing, and other issues pertinent to healthy flows in Castle and Maroon Creeks. We will simultaneously assemble a public library of all relevant materials for those participating in the mediation process as well as other interested citizens. We are also well along in carefully convening those who might participate in the mediation sessions. In addition to certain landowners on Castle and Maroon Creek, we have confirmed the participation of a nationally prominent neutral mediator, key nonprofit leaders, respected local citizens with no direct stake in the controversy, and the independent experts. As for public agency participants, County Attorney John Ely will represent the Healthy Rivers and Streams program as well as the County, which holds senior water rights and owns key open space traversed by these two creeks. We invite the City of Aspen as the project proponent to also participate in the stakeholder mediation. We suggest that Mick Ireland, as Mayor, and Phil Overeyender, as Water Department Director, accept invitations to represent City interests. And we will continue to work with impacted landowners in an attempt to encourage participation, directly or through representatives, in such a mediation process. We will schedule these mediation sessions at The Aspen Institute as soon as we have a firm date for the completion of the independent expert review. We would hope that a firm schedule will be in place by no later than the Council's November 8, 2010 meeting. As the conveners of this two -step process, we appreciate the City's cooperation and support. We are hopeful that the proponents and opponents of the Castle Creek Hydro Plant can defer and ultimately avoid divisive legal or political conflict by joining together in a thoughtful, forward thinking community process to assure that every concern is analyzed and appropriately resolved. in erely, ,- Ruthie Brown Tim McFlynn 24 Ardmore Dr 5959 Snowmass Creek Road Aspen, CO 81611 Snowmass, CO 81654 MEMORANDUM If 111 * S TO: Mayor Ireland and Aspen City Council THRU: Jennifer Phelan, Community Development Deputy Direct& FROM: Sara Adams, Senior Planner W RE: Castle Creek Energy Center, Power Plant Road: Subdivision, Rezoning, Consolidated PUD Review, Growth Management for an Essential Public Facility, Second Reading of Ordinance No. 15, Series of 2010. (public hearing is continued from August 9th and September 13` MEETING DATE: October 12, 2010 continued to November 8, 2010 APPLICANT /OWNER: x� r�- ""` _ City of Aspen. REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC. t1S LOCATION: Lot 3 and Open Space 2A of the Marolt Ranch 7 fr - Open Space, along Power Plant Road beneath "' -, the Castle Creek bridge. CURRENT ZONING: • R -30, Low Density Residential. SUMMARY: The Applicant requests approval to construct a hydroelectric plant, aka the Castle Creek Energy Aerial view of proposed site. Arrow Center, on Power Plant Road adjacent to the indicates proposed location of the new City Shop building. The application includes the building. following reviews: subdivision to create a new lot and to remove the area from the open space STAFF RECOMMENDATION: inventory, rezoning from R -30 to the Public Staff recommends that City Council grant Zone, consolidated PUD review to determine approval for Subdivision, Rezoning, PUD dimensional requirements, Growth Management and Growth Management for an Essential Review for an Essential Public. The project is Public Facility for the Castle Creek Energy exempt from Stream Margin Review because it Center with conditions. is a utility and is essential for public health and safety. 1 Castle Creek Energy Center, Power Plant Road Second Reading of Ordinance No. 15, Series of 2010 10.12.10 NOTE: During the September 13, 2010 public hearing, Council encouraged Tim McFlynn and Ruthie Brown to pursue the public suggestion that a group of stakeholders gather to discuss the proposed Stream Health Monitoring Program that is an integral part of the proposed Castle Creek Energy Center. The proposed Stream Health Monitoring Program intends to protect and to evaluate the health of the streams (both Castle and Maroon) after the Castle Creek Energy Center begins operations. The citizen led group is making progress every day, but is not prepared to make a recommendation to City Council at this time. Staff and the applicant recommend that Council continue the public hearing to November 8, 2010 to allow further time for the citizen led group to convene. 2 Castle Creek Energy Center, Power Plant Road Second Reading of Ordinance No. 15, Series of 2010 10.12.10 V MEMORANDUM TO: Mayor and Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer Sara Adams, Senior Planner RE: AspenModern historic context papers- Public Hearing DATE: October 12, 2010 Aspen Modern SUMMARY: Context papers are a fundamental tool that the City has been using for almost a decade to document research on local history during the postwar era. In 2002, when papers were first created by the Community Development Department, Council endorsed three papers that addressed 1) Chalet, 2) Rustic and Pan Abode and 3) Modern and Wrightian design. It has been understood since that time that only styles represented in adopted context papers can be landmarked as examples of significant postwar architecture. At this meeting, City Council will be reviewing four papers addressing these same styles, reconfigured from the original versions and updated. The papers are 1) Chalet, 2) Rustic, 3) Pan Abode and 4) Modern (which includes International/Bauhaus, Wrightian/Organic and Modern Chalet). Council's decision as to which styles to include will form the basis for AspenModern, the City's postwar preservation program. During the recent re- evaluation of preservation practices, both the Historic Preservation Task Force and the Historic Preservation Commission supported the continued use of context papers as important background necessary to evaluate which properties in Aspen may have value. The Task Force did however question the importance of Pan Abode and Wrightian buildings, as well as a more recently identified style, Modern Chalet. They recommended that Council find these styles ineligible for landmark designation. HPC and Council determined that additional academic research should be available before making a decision about styles to include or exclude. In Spring 2010, Council approved $7,000 in funding for updated papers on Pan Abode, Modern and Modern Chalet properties, to be authored by expert consultants. The papers were completed this summer and the actual cost to the City was $4,800. Staff helped to reduce the expenditure by securing a $1,500 grant from the National Trust for Historic Preservation and by undertaking a significant amount of groundwork for the papers in- house, including reading all issues of the Aspen Times for five postwar era years to verify development trends, researching photographs, Assessor's records, and building permits. Staff provided graphic assistance with the Modem 1 paper, and located more than a dozen significant former Aspen architects and developers who were interviewed for first -hand accounts of this development period, in addition to current residents. The Task Force, which is no longer active, has not reviewed the new context papers in order to reconsider their recommendations. HPC reviewed the papers on September 22 and recommended that Council include all of the styles in the upcoming AspenModern ordinance. HPC stated that not every example of each style should be designated, but that the papers provide a meaningful basis for evaluation, and that all of the papers demonstrate the potential significance of these building styles. Staff recently created short videos to present the papers, which have been posted on the City website and YouTube. 24 viewers completed a survey following the film, providing public feedback that may be useful to Council. RECOMMENDATION: Staff recommends that Council adopt the four context papers attached as "Exhibit A," making 1) Chalet, 2) Rustic, 3) Pan Abode and 4) Modern (which includes International/Bauhaus, Wrightian/Organic and Modern Chalet) buildings eligible for inclusion in the AspenModern historic preservation program. These papers illustrate what postwar properties are worthy of preservation in Aspen. A proposed ordinance establishing the regulations for AspenModern is beginning review by the Historic Preservation Commission and Planning and Zoning Commission in October, and will be presented to Council in November. The ordinance will define how the City will endeavor to preserve postwar properties. Exhibit: A. AspenModern historic context papers B. Results of on -line survey 2 POSTWAR ARCHITECTURE VIDEOS - SURVEY RESULTS AS OF OCT. 1, 2010 Did you watch the video? Responses O 5 10 15 20 4 22 yes 0 no some of it 10101-1 2 Total Number of Responses for this Item: 24 Do you feel enough information was presented for you to form an opinion on the value of preserving examples of Aspen's postwar buildings? Responses O 5 10 15 i 15 yes SaillellS no 208 4 maybe Total Number of Responses for this Item: 24 Are the examples of Victorian era buildings still standing in town one of the things you appreciate about living in Aspen? (Would you miss them if they were gone ?) Responses O 5 10 15 yes 62 5% no 111.11frant maybe 1 H i don't live here '*° Total Number of Responses for this Item: 24 POSTWAR ARCHITECTURE VIDEOS - SURVEY RESULTS AS OF OCT. 1, 2010 Do you think the Victorian era buildings make Aspen a more attractive place to visit? Responses 0 5 10 15 20 yes - ... 79.1% 1 maybe 1 no opinion Total Number of Responses for this Item: 24 Are the types of postwar era buildings shown in the video one of the things you appreciate about living here? (Would you miss them if they were gone ?) Responses 0 2 4 6 8 10 12 14 yes _. 58.3% 1 no 2 maybe 16.6% t 4 4 i don't live here : Total Number of Responses for this Item: 24 Do you think the postwar era buildings make Aspen a more attractive place to visit? Responses 0 5 10 15 • • yes 70.8% no maybe _ 2UBr -. h0 no opinion i Total Number of Responses for this Item: 24 POSTWAR ARCHITECTURE VIDEOS - SURVEY RESULTS AS OF OCT. 1, 2010 Do you feel that any of the following types of postwar era properties discussed in the film are significant to Aspen's history? (Check one or more) Responses 0 5 10 15 20 25 1 ,1-, 20 m � _n chalet- 83 �... ..,�. ,. 23 modern (organic and bauhaus) 9 �p n 16 rustic y ,,,- 66 6 34 ..._ J pan abode _, -12KINIONNIS 13 0 none Total Number of Responses for this Item: 24 Do you think that archives (documents and photographs) and artifacts (objects) alone are enough information to represent Aspen to future generations? Responses 0 5 10 15 • yes 16.6% 15 no maybe 20.0 % '� no opinion s -= i Total Number of Responses for this Item: 24