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HomeMy WebLinkAboutagenda.council.regular.20110328 CITY COUNCIL AGENDA March 28, 2011 5:00 P.M. I. Call 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 #22, 2011 — May /June Election Polling Places b) Resolution #23, 2011 — Contract —ARC Locker Room Remodel Contract c) Resolution #24, 2011 — Contract — 2011 Concrete Replacement d) Minutes — February 28, March 1, 4, 14, 2011 VII. First Reading of Ordinances a) Ordinance #11, 2011 — Amending Energy Conservation Code P.H. 4/11 VIII. Public Hearings a) Ordinance #10, 2011 — Anderson Subdivision b) Resolution #25, 2011 — Ballot Question - Anderson Park c) Ordinance #3, 2011 — Engineering Fees d) Ordinance #4, 2011 — Community Development Fees IX. Action Items a) Wheeler Lease X. Adjournment Next Regular Meeting April 11, 2011 COUNCIL'S ADOPTED GUIDELINES ✓ 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 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. .. , . ... .. , 1 . 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If you have, you would and _rstand that every day and particularly weekends in Au • ust, are very important to paying bills and getting read to make it through another " shoulder season ". ANY _VENT that takes away from me selling a meal or drin : DIRECTLY affects my bottom line. Now I do have a solution if you insist on having this event... Why don't yo charge these guys rent ? Based on what I pay for an underground 1990 sq. ft. space, that should be around $180. '5 million a month, you could then split that money e enly and give it to all businesses that are directly affected. Thanks, Michael Beary Chef/ Owner /Dishwasher j Zocalito Latin Bistro 4 atearir" illestsr. I Aspen City Counsel, 1 This is an open letter from a long time business owner /op rator in Aspen. We all know our community is a small, but special place iat we call home. Part of the unique nature of this town is the small close kn t feel that develops from working together to give Aspen its charact T. Everyone plays party is not an event that helps promote the Aspen idea an'1 it hurts local businesses that are struggling to make ends meet in this w;ak economy. Our business at Su Casa was down almost 40% last year n the weekend of this event as compared to the previous three years. This iso translates into lost sales taxes and wages for local employees. These ar people who directly contribute their money back into our system year around. Please consider the situation your business operators in Aspen 2., trying to stress. Support events that bring people to town in a supplement rig way, not competing with part of your local business structure. No ito mention blocking streets and taking away parking from all the ge nl consumers on a summer weekend. Aspen is not a bar -b -que destination This event is using our town to promote themselves and their product L the expense of everyone that works here 51 other weekends a year. Hope this exercise in business reasoning will not fall on ceaf ears. We all think most special events add to our tourism offering package and help attract business. However, this particular event does not.' Thank you for listening, Mary Lynn Casper Chris Casper Wes Fleming 1 1 I I I " c C•_. u.,..,.... Aspen, Colorado 81611 970.920.188 Fax 970.920.1939 0 H PERFORMANCE SKI To: Aspen City Council From: Performance Ski Re: Aspen BBQ We are not in support of Aspen BBQ. It caused an inability for customers ) access our store. In addition, extreme amounts of smoke came into our store, and we closed f rr Iwo days because of smoke. Performance Ski 970- 925 -8657 I i I 408 South Hunter Aspen, CO 81611 Tel. 303- 925 -8657 =ax. 303- 920 -391 1 Ed Zane La Palape/ Zane's Tavem 308 South Hunter St 970- 379 -2522 To Whom it may concern: Regarding the BBQ Bash held last August, I am wholeheartedly geinst this event. Although security was evident, I think this event was poorly plan ed. There were no designated dining areas, which forced patrons to sit down and e t wherever they found space; sidewalks, curbs, benches belonging to businesses, sto front stairs, etc. People left their uneaten food, plates, cups, etc. on the sidewalk where they were sitting. The cooking areas blocked access to storefronts and re• aurants, and the constant smoke from the grills permeated every building with an open window. I fail to see how this event has any positive impact on the busin: ss community in Aspen. Although a couple Ski Company restaurants where inv. ved, I don't understand why we are closing the streets to allow out of town businesses o come in, set up, make money and leave. I saw no benefit to this event. All it seemed t do was take customers away from the restaurants in town during what is stil the summer season. Our restaurants experienced a 15 -20% decrease in sales from e same weekend the year before. This type of event would be more beneficial to the community it were held during the fall off- season involving local businesses. Making it a local ev t similar to Soupskol would give it a block -party feel that would draw people to Aspe i during an otherwise slow time of year. Sincerely (� I PO /J � Ed Zane La Palapa/Zane's Tavern • inkl C O F F E E° 3/28/11 To whom it may concern: I wish to express my dissatisfaction with The Aspen BBQ a nts and support its removal from the special event calendar. In addition to isrupting our daily operations, our sales were adversely affected during t e event taking much needed revenue out of town and into non -local vend rs hands. Thank you for your consideration. incerely, mit lhar Keith Herbert Founder ink! Coffee Aspen City Council/BBQ Page 1 of 2 March 27, 2011 To: Aspen City Council From: Eric and Sarah Lippincott/The Gallerie Boutique Re: BBQ scheduled for August 2011 Dear Aspen City Council, We are out of town and unable to attend in person so wanted o relay via letter our thoughts concerning the BBQ scheduled to occur in wgust that negatively impacts our business. Last August, our business sustained a 60% loss in sales the eekend of the bbq, compared to the previous year. August is historical! our busiest month, so this was a tremendous financial loss to our busine • The rest of the month was as strong as the previous year, which solidi ed that the BBQ directly impacted our sales. 1. We had to keep all of our doors closed becaus -'the smoke was so strong, it threatened to saturate our clot ing. 2. The BBQ's and vendors lined the sidewalks an• directly blocked any view of our store. 3. People attending the BBQ, sat on all stairwells t ) eat and further blocked access to our storefront, and litt. red the sidewalks outside of our store with trash As local business owners who work very hard to keep a busi es going in downtown Aspen, we ask that you not allow the event to take place outside our business, or other storefronts in town who would ':el the same effects. If the event is sponsored by The Little Nell, ca they please move it to in front of their hotel, or a park where it will not hurt other Aspen City CouncilBBQ Page 2 of 2 businesses during an extremely busy time. Thank you for your consideration, Eric and Sarah Lippincott • AJAX MOUNTAIN ASSOCIATES, LLC., 52o EAST DURANT STREET SUITE #2o7 ASPEN, CO. 81611 (97 (970) 9 20- 3693FAX MARCH 26, 2010 TO THE CITY COUNCIL OF ASPEN WE WISH TO EXPRESS OUR CONCERN REGARDING THE : BQ THAT IS HELD ON HUNTER STREET THE END OF AUGUST. THE SMOKE AND THE BQ SMELL STREAMS INTO THE STO • ' OF THE AJAX MOUNTAIN BUILDING THAT MOST CERTAINLY EFFECTS 1 .ABILITY TO DO BUSINESS ON THE BUSIEST TIME OF THE SUMMER. THERE ARE NOT ENOUGH TRASH CONTAINERS, CONSEQ y' . Y ALL THE TRASH ENDS UP ON OUR STAIRS AND WALKWAYS. THERE I NO SEATING, SO EVERYONE ENDS UP EATING ON OUR STAIRS AND WALKW S, LEAVING THE GARBAGE THERE. THE BLOCKING OFF OF THE STREET FOR THREE DAYS IS • I' +THER MAJOR EFFECT ON THE PEOPLE WHO RUN A YEAR ROUND BUSINE IN THIS BUILDING. IT IS DIFFICULT ENOUGH FOR PEOPLE TO DO B SINESS IN THESE ECONOMIC TIMES. WE HAVE TWO RESTAURANTS THAT MI _ART AS WELL CLOSE WHILE THIS EVENT IS GOING ON. PEOPLE WHO • ' COMING TO A BQ ARE NOT COMING TO EAT HEALTHY FOOD, OF WHICH THE' 'TWO RESTAURANTS, CAFE INK AND BIG WRAP ARE. WE WISH TO VOICE OUR OBJECTIONS, AND HOPE TO HAVE ''OU MOVE THIS EVENT AWAY FROM OUR BLOCK. VERY TRULY YOURS, 1 1 0 MOUNTAIN AAOCIATES, LLC., BRODIN PROPERTY MANAGER 1 Tole Bogie 110 - CS f•A 06 I Apt %, Co Mon 1 Ms«\ 28 Zol "A- v."...1 C.Actrn I 'r p lit/ �t o w. } r..,y1ect Fo let otb..,4- e resk � e .0.a} T was .f e Aw v s�" F b1 park., 5 e1.ed•Aed 0J :inG b Cook - e`c oe.lt � 1 ro��e \eels �peeaust • 41 q a ;i:ftcc Pro Ch.1\e Qe.Ge. ` 1 l eeae A 4 44"...A- i0 t...1 1 . e c.\ its V - falA t v�l n.9 er 1 1/ 1 The_ r2STa..ra.4s env, si Atka •'0 eArf,.._ Qs; . T k1�; ow nee d ' fie Ce5;de+. }s 004 l9v3 A SStS in sk- ;CL 'kb,t - t cr, e.. (le eie;.l\.1 ;n ÷1 tear%tas / . l� a c.c.1 esteS 1;Sl.wAe it � le0.s e a e ae4 a ow r at AL Q0-1 1r; c."` p aV t I n iv c-H Te.sk't es -f o taker in L r 'Jt tepasl . NL� A) •JV ∎ CI r1 o' c�� {lie ''i J fe it. 40 Al q I00 5;nesSe5 +4.4.:^) all k�.e ` o e„v efy °nt busy vittlt-Cv% 15 eleTl;w.eNl-41 t Here Vey) h. 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COLORADO 81611 -k a^ 970.925 -4213 FAX -_ • Patrick Garrett From: RFMC [rfmc@rfmountainclub.comj Sent: Monday, March 28, 2011 3:36 PM Jul , P'Elej JEWELERS To: AJ©ssopris.net Subject: FW: Please reconsider the Summer BBQ location � ( ?f South Hunter spen, CO 81611 1 (970) 925 -2025 From: RFMC Sent Monday, March 28, 2011 3:28 PM To: 'Al @sopris.net Subject: Please reconsider the Summer BBQ location Dear Council Members. I am writing to explain how last year's BBQ cook off effected our retail business. We are located at 409 So. Hunter St. First of all...... it basically hindered all foot traffic in front of our store. The crowd gathered and walked down the center of the street instead of on the sidewalk where our visitors can view our window dispirits. The interior of the store was totally smoke filled which made for a pretty unpleasant shopping experience if the customer was able to find their way to the front door. I believe that this is a great event for Aspen but feel that the location could be altered to make retailers who are paying such high rent not have to be put in a place of missing out on any valuable day-of doing business in this town. Please consider a more suitable place for this event. With Many Thanks, Marion and Patrick Garrett Aspen Jewelers ASPEN JEWELERS 409 South Hunter Aspen, CO 81611 Tel (970) 925 -2026 V MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: March 21, 2011 RE: Resolution #22, 2011— Polling Place Municipal Election Staff recommends adoption of Resolution #22, Series of 2011 which assigns two polling places for the May (and June) municipal elections — Rio Grande meeting room and the Schultz Building. C.R.S. 31 -10 -502 Establishing Precincts and Polling Places — (1) (a) The governing body of each municipality shall divide the municipality into as many election precincts for municipal elections as it deems expedient for the convenience of electors of said municipality and shall designate the location and address for each precinct at which elections are to be held. Municipal election precincts shall consist of one or more whole general election precincts wherever practicable, and clerks and governing bodies shall cooperate with the county clerk and recorder and board of county commissioners of their county to accomplish this purpose. In municipalities having wards, no precinct or part thereof shall be located within more than one ward, and each ward shall contain at least one precinct. The precincts shall be numbered consecutively beginning with the number one. The precincts and polling places established pursuant to this section shall remain until changed by the governing body. The city has had 3 or 4 polling places for past municipal elections. We have combined precincts 1 and 2 at Rio Grande in the past; this recommendation is to combine precincts 1, 2 and 3 at the Rio Grande and precincts 4 and 5 and those city voters in precinct 7 at the Schultz Building. These polling places are the same as used by the county in the November election in an effort to have voters know where to go to vote. Precincts 4, 5 and 7 have been combined for years and this recommendation is to move the polling place from Crossroad Church to the Schultz Building. Besides voter familiarity, with one or more precincts at a larger polling place, the judges can work together to better serve the voters and to help each other out if there are questions. By adopting the consent calendar, Council is approving Resolution #22, 2011, setting the polling places for the May (and June) election. RESOLUTION NO. 22 Series of 2011 A RESOLUTION ESTABLISHING TWO (2) POLLING PLACES FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD MAY 3, 2011, AND THE RUNOFF ELECTION TO BE HELD JUNE 7, 2011, IF NECESSARY, AND SETTING FORTH THE LOCATION OF THOSE PRECINCTS WHEREAS, the City Council ( "Council ") of the City of Aspen, Colorado (the "City ") in the County of Pitkin and State of Colorado, a municipal corporation duly organized and existing as home rule city pursuant to Article XX of the Colorado Constitution, will conduct a general municipal election, pursuant to Section 2.2 of the Aspen Home Rule Charter, on Tuesday, May 3, 2011; and WHEREAS, Section 2.7 of the Aspen Home Rule Charter, establishes a runoff election for the offices of Mayor or Council to be held in the same manner as the municipal election; and WHEREAS, Council has determined that the use of two (2) polling places for said general municipal election, which parallel the polling places used by Pitkin County for their most recent election, will foster consistency for the voters; and the same polling places will be used for the runoff election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The Council has determined that, solely for purposes of the general municipal election to be held May 3, 2011, and the runoff election to be held June 7, 2011, if necessary, there shall be two (2) polling places at the following locations: Polling Place 1 - Precincts 1, 2 and 3 - Aspen Youth Center, 455 Rio Grande Place Polling Place 2 - Precincts 4, 5 and the city voters in 7 — Schultz Building — 0405 Castle Creek Road 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 March 28, 2011. Kathryn S. Koch, City Clerk Vi b MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR CC: JEFF WOODS, MANAGER OF PARKS & RECRATION DATE OF MEMO: MARCH 14 2011 MEETING DATE: MARCH 28 2011 RE: CONTRACT APPROVAL FOR ARC LOCKER ROOM REMODEL DESIGN REQUEST OF COUNCIL: Staff is requesting approval of the attached Agreement for Professional Services with Hagman Architects for the design of the Aspen Recreation Center Locker rooms and the intent to renovate portions of the locker rooms in 2012. PREVIOUS COUNCIL ACTION: No previous action has been taken other than the approval of funds in the 2011 Asset Management Plan for the purpose of designing the renovations. Funds are earmarked in the 2012 AMP for the purpose of implementing the renovations. BACKGROUND: The ARC is 8 years old and with over 200,000 visits annually the use is becoming evident and wearing out certain components. This is typical for recreation centers to see the need for renovations in heavy use areas after this period of time. Hagman Architects were involved with the original team who designed the ARC and has familiarity with the facility. Furthermore; Hagman Architects designed the Snowmass Village Recreation Center and have experience with attention to materials in a recreation center which are both attractive and low maintenance. Also, Hagman Architects are familiar with environmentally friendly products and practices to be considered in such applications as a Recreation Center. DISCUSSION: At this time staff is seeing rust on lockers and partitions. Drains are leaking, the moisture is creating wear on wall materials, and counter tops are showing signs of deterioration as well. Staff's plan is to complete the drawing for renovation of the locker rooms and then in 2012 bid the project in order to receive the best price for the project. Staff's intent at this time in designing the locker rooms for renovation is to accomplish the following: • Identify improved and more energy efficient lighting • Identify and implement sturdy low flow water fixtures • Replace rusting lockers and partitions • Upgrade wall coverings with materials that won't circum to the moisture • Replace or repair drains as to not leak and cause damage to other areas of the building below • Upgrade counter tops for a nicer look and ability to handle wear • Use materials overall that are easier to clean, wear better in a public setting and reduce maintenance costs. • Overall, create a more attractive locker room which fits the Aspen image while paying attention to environmental issues, the ability to handle wear more readily, and easy to maintain. The plan for the design and implementation of the rocker room renovation: 1. Architect meets with staff to identify concerns and goals 2. Architect meets with ARC Advisory Committee to identify goals 3. Ideas, thoughts, concerns are solicited from patrons as to the design and materials 4. Renovation taking place in the fall of 2012. The idea for the process of design and renovating the locker rooms are to seek input so the project addresses staff as well as patron needs /wishes. At the same time staff wishes to create excitement in our patrons over the improvements they will see in their Recreation Center, thus easing the impact of renovation construction in the fall of 2012. FINANCIALBUDGET IMPACTS: The funds necessary for this design agreement are available in the 2011 AMP. Funding to complete the renovation at this time is earmarked in the 2012 AMP in the amount of $350,000. With these funds staff hopes to reduce utility costs somewhat through lighting improvements and low flow faucets. By paying particular attention to the materials being used in the renovation, staff hopes to reduce the maintenance costs for the locker rooms as well. Staff sees no increased cost arising from this project. Efficiencies in maintenance and some improved environmental aspects will be accomplished with no increased costs to operations. ENVIRONMENTAL IMPACTS: Environmental impacts will be minimal. As mentioned previously, staff will seek improved lighting and low water fixtures which will more environmentally efficient. While neither of these improvements is expected to be major energy reductions, they will improve the facilities efficiencies to some degree. No additional environmental impacts are anticipated. RECOMMENDED ACTION: Staff is recommending the approval of the attached Agreement for Professional Services with Hagman Architects. This will allow staff to bring the locker rooms up to a standard which we feel would reflect Aspen ideals. ALTERNATIVES: While the locker rooms are functional, we could continue maintaining what exists. We would have to ask the question, is this image what we want our Recreation Center in Aspen to reflect? PROPOSED MOTION: 1 , motion to approve the Agreement for Professional Services with Hagman Architects for the purpose of designing the renovations of the Aspen Recreation Center locker rooms. CITY MANAGER COMMENTS: 1, _.--.:_.. ' _.. filaa • a ° Y -X 'S • / II ✓k tai oa ATTACHMENTS: "A" Agreement for Professional Services RESOLUTION NO. 3 Series of 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE LOCKER ROOM DESIGN AT 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 HAGMAN ARCHITECTS; a mutual interest in providing drawings for the renovation of the Aspen Recreation Center locker rooms; 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 Agreement for Professional Services for the design of locker room renovations 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 28th day of March _, 2011. 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 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ( "City ") and Hagman Architects , ( "Professional "). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than September 30, 2011 . Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed and not to exceed $ 29300.00 (Twenty Nine Thousand Five Hundred & 00 dollars). The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "A" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $4.000.00. 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. 4. Non - Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub - contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying PS1- 971.doc Page 1 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. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work 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. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or 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 PS1- 971.doc Page 2 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. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims - made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non -owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a PS1- 971.doc Page 3 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, condi- tions, 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 certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. PS1- 971.doc Page 4 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. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: City Manager Hagman Architects City of Aspen 104 Midland Ave. 130 South Galena Street Basalt, Colorado 81621 Aspen, Colorado 81611 13. Non - Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98, pertaining to non - discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any 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. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8 -17.5 -101 & 24- 76.5 -101. PS1- 971.doc Page 5 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. (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. PSI- 971.doc Page 6 (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 PS1- 971.doc 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. 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be govemed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1- 971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: � WITNESSED BY: I i ► ulaft By: Dm titiosniettv Title: NC. f #L. Date: 3 PS1- 971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work PS1- 971.doc Page 10 EXHIBIT `B" to Professional Services Agreement PSI- 971.doc Page 11 HAGMAN ARCHITECTS PROPOSAL January 18, 2010 Tim Anderson Recreation Director City of Aspen Re: Aspen Recreation Center locker room remodel Dear Tim, Thank you for working with us, and we are pleased to this proposal estimate for the locker room remodeling project at the Aspen Recreation Center. As discussed, we've gone over the requirements and previous work in an effort to tailor this as close as possible to your goals. Attached is our Services Package that specifies what is included and excluded and the tasks. We prefer to be as closely involved as possible in all of our projects, but appreciate a client's desire to minimize costs. To that end, we have also included a Project Development Sequence that specifically addresses your project and level of services. Both documents are based on providing documents required for full services, and assume that we are involved throughout the design and construction process. The drawing package does not include Engineering and other consultant fees listed as we are assuming that Mechanical, Plumbing, and Electrical Engineering work will be design -build by the general contractor, but we have included a basic lighting plan which is an area that we find to be of particular importance. We will specify the types of fixtures to use, and work with the electrician to finalize the fixture selection. Our process as described in the development sequence will involve a Schematic Design Phase, Design Development and Construction Documents along with Bidding and Construction, assuming a 3 month construction schedule. We have tried to be as efficient with our time as possible so that all the work can move forward smoothly. Assuming a project cost of between $400,000.00 for both soft and hard costs, and after careful review of the services and the tasks included, we would propose a fixed fee of $29,500.00 for our work outlined which works out to approximately 7.3% of the construction cost. This assumes that there will be minimal revisions to the previous design concept and that we will not need to spend time designing completely new concept alternates. Of course if you choose to eliminate or modify any of the services listed herein, we can adjust the fee accordingly. Thank you again for the opportunity, and please let us know if you have any questions. Sincerely, Tim Hagman Tony Major Kurt Carruth Principal Associate Partner Associate Partner - 1* HAGMAN ARCHITECTS SERVICES PACKAGE 'A' This description contains a basic outline of drawings, specifications and services provided by Hagman Architects, which includes documentation required to remodel and refinished the existing locker rooms at the Aspen Recreation Center as outlined below and as described in the project development sequence. Services are based on continuing to develop the previous design documents from April of 2007: The following items are included: • Review of existing plans and design concept • Site walk through meetings as described in the development sequence • Meetings with the owner as outlined in the development sequence • Space planning, floor plans and documentation • Interior elevations, design and documentation • Interior color and material selections • Building systems description • Code research and documentation • General construction detailing • Ceiling design and documentation • Cabinets and casework layout, description and details • Locker specifications and details • Door or door hardware design and specifications (existing to be removed) • Interior trim description and specifications • Wall, ceiling and floor finish documentation and color coordination • Specifications- proprietary information • Coordination with plumbing systems • Plumbing fixture selection • Lighting design concept and specifications • Coordination with fire suppression system consultant • Government agency approvals except per below • Bidding and negotiation phase as outlined in the development sequence • Construction observation as outlined in the development sequence The following items are excluded or additional services: • Mechanical or HVAC engineering (design -build by the contractor) • Plumbing engineering and documentation (design -build by the contractor) • Other engineering services • Sound and media design or documentation • Fire suppression design or documentation (design -build by the contractor) • Steel, Cabinet, casework or other shop drawings (provided by the contractor) • Architectural renderings • Interior design and documentation other than above • Performance specifications • Government agency approvals for variances or other non - typical approvals • Physical models • Building information modeling over and above basic computer model 1 4 — 1* HAGMAN ARCHITECTS SEQUENCE ARC Locker Room Remodel Project Development Sequence Exhibit "B" Pre- Design Phase: Gathering information, creating a vision, setting goals 1. Gather Site Information – Detailed Site Analysis a. Assemble all previous documents and related materials for analysis b. Walk the site with the Owner to assess existing conditions, & new goals. (Meeting #1) c. Review & evaluate previous design documents for compatibility 2. Assemble Building Information a. Assemble all available information from site analysis b. Review and assess initial budget from the owner c. Determine governing agency requirements and town approval timelines Schematic Design: Refining the concept, building a framework, establishing design 1. Design Charette: Design Concept Ideas a. Assemble design criteria from programming meeting and walk through b. Review revised program for finishes, replacement of materials, etc. c. Refine the existing vision for architecture, character, and interior concept d. Prepare design concept presentation 2. Project Design Concept & Presentation Meeting a. Meet with owner to present & review project design scheme (Meeting #2) b. Review project program and goals, determine final requirements for all disciplines c. Review any issues with existing building d. Review project schedule, budget and related issues e. Discuss building systems, specifications and other requirements f. Discuss initial project schedule with milestones Design Development: design refinement, systems selection 1. Final Design Package a. Review comments from design concept presentation b. Assemble final design package c. Refine outline specifications d. Meet with owner to finalize and approve design package (Meeting #3) e. Determine final building construction systems and relationships g. Obtain authorization to proceed with Construction Documents • Note: significant revisions beyond this point are additional services Construction Documents: Team synergy, coordination, construction drawings 1. Final working drawings and specifications a. Develop remaining drawings and specifications for coordination b. Finalize all architectural and consultant proprietary specifications c. Meet with owner to review progress (Meeting #4) d. Coordinate any comments with consultants 2. Coordination Set a. Print drawing set for coordination of all drawings, systems, details and specifications b. All project team members check drawings thoroughly for potential conflicts and accuracy c. Return coordination set mark -ups to consultants for corrections d. Make all final coordination corrections 3. Building Permit Submittal & Bid Set a. Print and issue bid drawings and specifications for issue to bidders b. Bidding process as outlined under Bidding and Negotiation phase c. Selected Contractor to submit documents for building permit, and other department approvals d. Review the drawings with the owner and contractor as required 4. Issue Final Documents for Construction a. Print and issue construction drawings and specifications for issue to the contractor b. Include all plan check corrections from governing agencies c. Any value engineering revisions will be additional services d. Contractor submit final drawings to building department for issuance of permit e. Contractor finalizes pricing, establishing final price for all work a. All revisions and clarifications will be issued as supplemental instructions, from this point • Note: revisions beyond this point are additional services Bidding and Negotiation: Budgeting, analyzing pricing, value engineering 1. Selecting the Contractor a. Owner issues public notice to prospective bidders b. Finding a firm committed to the design vision, is critical for overall success and a smooth process 2. Bidding process a. Drawings are issued to the Owner for competitive bidding who issues drawings to the bidders b. Owner/ Architect walk through with prospective contractors c. All questions are directed to the Owner who will assemble them for the Architect to review d. The Architect assemble formal supplemental instructions to reply and clarify questions e. Requested revisions are additional services a. The contractor is instructed to provide multiple bids for each trade to insure competitive bidding b. A 5 to10% contingency is recommended for unforeseen expenses. 3. Bid opening and final Contractor selection a. Bids are opened at a formal opening including the Owner and the Architect (Meeting #5) b. Owner negotiates final price with the contractor c. Any and all value engineering revisions are additional services Construction Observation: Seamless process, On -site solutions, completion and delivery 1. Construction Process a. The contractor provides the construction schedule with milestones early in the project • The schedule includes a clear outline for a potentially short construction window • Any ordering of materials or deposits prior to ground breaking are included • A schedule of values and budget is included b. A defined shop drawing and submittal process is determined and agreed to by all parties. • The process includes a clear understanding of submittals required, and timing • The design team reviews all submittals for compliance with the contract documents c. The 3rd party relationship is maintained between owner, architect and contractor • The Architect, Owner and Contractor will have one point of contact for all questions • Flow of information is channeled through one representative for efficiency • All questions from subcontractors flow through the General Contractor d. Requests for information • *Note: additional information requested by the Contractor, beyond the contract documents and the services package are additional services. • All items are priced first with owner approval prior to proceeding • Approved items are issued to the contractor as supplemental instructions • RFI's are consolidated and distributed weekly Of possible) to reduce paperwork e. Supplemental instructions • * Note: revisions requested by the Owner are additional services • No -cost clarifications and revisions are issued as supplemental instructions • Any items affecting the budget are priced first before final issue • Supplemental instructions involving budget revisions become change orders • Supplemental instructions are issued on small sheets unless larger sheets are needed • Supplemental instructions are consolidated and issued weekly unless otherwise required f. Contractor payment application review • The Architect will review and certify monthly pay requests, based on construction progress • Review by the Architect does not include extensive Owner's representation unless contracted • Applications will include an updated schedule of values for all work completed and stored • All change orders are approved separately by the owner and Architect prior to payment • Final payment as described below 2. Construction Observation and On -site Solutions (3 months assumed) a. Architect site visits and observes construction beginning with completion of demolition • The Architect visits the site to review construction once per month • All on site discussions are directed through the General Contractor or his representative • Any issues observed by the design team are directed through the General Contractor • Sample review by Architect and Owner, including any consultants • Additional visits may be required at critical points in the construction process (additional) b. Project meetings • Meetings are held once per month at the site visit (4 total including punch list) • The Contractor provides a meeting agenda for items needing attention • Meeting notes of items discussed and decisions made are distributed by the Contractor • Field reports are included in the meeting notes and recorded by the Contractor • All participants have 5 days to respond to reports and notes with comments or discrepancies c. Problem solving and field revisions • The design team, Owner and Contractor will resolve issues and questions on site as required • Any decisions made are documented by the Contractor in the field report • Any proposed solutions that affect the budget are priced and approved prior to proceeding 3. Final Completion and Project Delivery a. Final walk through and punch list • The Architect will inspect the final work when the project is substantially complete • From his inspection, a punch list will be prepared indicating items left to finish • After the Contractor has completed the list, the architect will verify compliance • If any items remain, the Architect will issue one revised punch list • The other design team members will perform a similar exercise as contracted b. Substantial completion and final payment • With the completion of the punch list items, the Architect will certify final payment • The Contractor will also complete any outstanding tasks that remain v t cs MEMORANDUM TO: Mayor and Council FROM : Tyler A. Christoff, Project Manager, Engineering. THRU: Tricia Aragon, P.E., City Engineer . DATE OF MEMO: March 21 2011 MEETING DATE: March 28 2011 RE: 2011 Concrete Replacement Project Contract Approval SUMMARY: Staff recommends council approve the concrete replacement and pedestrian improvement contract with Gould Construction for the amount of $431,130.00. DISCUSSION: The 2011 Concrete Replacement Project combines Tabor funded pedestrian improvements as well as Curb and Gutter improvements into one project. These Pedestrian Capital improvements are an ongoing safety enhancement plan with the goal to develop and maintain safer pedestrian corridors in Aspen. Curb and gutter replacement functions throughout the City of Aspen to convey Stormwater and provide safe pedestrian facilities. The scope of the curb and gutter replacement is dependant on the scope of pavement replacement (mill and overlay). As the streets deteriorate the City replaces the pavement. Along with the pavement replacement, deteriorated curb and gutter is also replaced. This project aims to update this important City infrastructure as well as complete Tabor projects City Council directed staff to complete in 2008. The 2011 Concrete Replacement Project was advertised for bid on March 7th 2011. Two Bids were received and opened on March 21` 2011. Bids were received from two Contractors as summarized below: Gould Construction, Inc $431,130.00 Aspen Digger, Inc $519,778.00 Gould Construction was identified by staff as the lowest qualified bidder. Gould has submitted a bid of $431,130.00 for the construction of the project. BACKGROUND: Gould Construction has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that it is in the City's best interests to award the final design contract to this vendor. FINANCIAL IMPLICATIONS: Funding Tabor funding for ADA Improvements $446,060.20 2011 Curb and Gutter Replacement Project $340,000.00 TOTAL $786,060.20 Expenditures 2011 Concrete Replacement Project Contract $431,130.00 Staff Administration $ 40,000.00 Contingency $ 65,000.00 TOTAL $536,130.00 RECOMMENDATION: Staff recommends that Council approves the contract for $431,130.00 as mentioned above. 1' PROPOSED MOTION: "I move to approve Resolution No. -)+, Series of 2011." CITY MANAGER COMMENTS: gQ &.k.��.n...LQ� rrwyk 1 ` `s W)' --9' RESOLUTION # (Series of 2011) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING 2011 CONCRETE REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Gould Construction, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Gould Construction regarding 2011 Concrete Replacement Project, 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 March 28, 2011 Kathryn S. 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EA 69 0 IN A V 01 N V EA 69 69 EA - EEAA EA e CO W (T N W — EA l W co J— co — Co CO W CD A J N A CO N W CO CA J N Knott) O N O 1 J (0 00 J b A N W W O J A A CO O J T - co a) Co (lt N co N 0) J J (T CD O N A Cn A J CO O CO J CO N W W CO 0 O A N O J CO V CO O A (N O CO CA 0 (T A O O O N N O O O O N J CO 0 0 0 000000000000000000 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rer s n» sin dams CONTRACT FOR CONSTRUCTION Sift E rr THIS AGREEMENT, made and entered into on March 21, 2011 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City ", and Gould Construction, Inc. , hereinafter called the "Contractor ". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2011 Concrete Replacement Proiect — 2011 - 014 , and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Three Hundred Seventv - Six Thousand Eight Hundred and Thirty ($ 376,830.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97 -2) and in the CC1- 971.doc Page 1 * *CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4 -08 -040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his /her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his /her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC1- 971.doc Paget * *CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he /she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he /she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: City Engineering Department City Attorney ATTESTED BY: CONTRACTOR: DOLD 09112001 014 By: i: . It i s %! Title: I f Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1- 971.doc Page 3 "CC1 BID PROPOSAL FORM PROJECT NO.: 2011 -014 BID DATE: March 21, 2011 PROJECT: 2011 Concrete Replacement Project I PROPOSAL SUBMITTED BY: V b t 1 - c . l ,.n'flt vLTI a t n CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre - construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the BP1- 971.doc 'BP1 ge Contractors Initials 00000000000 0 0 0 0 0 0 0 0 0 o 0 o o o 0 0 0 0 0 0 0 o 0 0 0 o 0 0 0 o 0 0000000000000000000 0 0 IU O o 0 0 0 0 0 0 0 ao t o 0 0 0 0 0 0 0 M 0 O C 3 C L 1 . 0 CO N- (.0 1-66 nM r r V (or(OO N id (O co if) 05 r N N rtnr01LO N N r M LA (A 61 fA (A fA (A V! (A fA LA LA LA fA fA Vf fA fA fA to ( A O 000000000000000000 0 0 O 000000000000000000 O 0 t00 0OMto OOOON to Oto O t0(OO 0 ai 0 a N r r t 0 0 0 o 0 0 10 O) CO0 N 0 CO N N Y 0 0 0 N r r O LO c 0010 r (V r D V3 fff (A fA to (A to fA to Vf fA to ( A 61 fA EA f9 to 61 (A ? J J J J J C0 0 u)Cr) n .0 CO (+WWW J J -J LL +�' O O O O 0 0 0 0 0 0 �r r a - 7 V L L O m - N� r ONr M M O V V 0 N a >1 cF- O io d! NO 7 '0 A O " to a c CD m O > 4... O o m E o m CL o 0 . C X --'• W co a) w o_ -0 c C) C W a) a) o . 7 C v L c J-0 Q �r la CD O 0 a) 0 o. (, c a) v U -° (a 3 zg co O v'- n c fl. 0 O U O '- C N > a 'v a ( ° 0. 2 Ea CD Le m X c a u U U T4 m hi c co 7dF_ O _ o w 00 o) 4 , o . Y co o' d (NI V C N N N o c N a) > 0 0 0) E O N t d U ✓ UU U "�) m UZ Q y E T i_ o U N C L LL ' W 0 -o r f c o E d @ N N ^ d 8 N Q N . O C U co T U > N r ~ c > E la Y_ C C 0 3 O) r c c d O m o t a c_ r v - U 2 an d d o O m c 01 N0a o o. o 10 ov >>a ° c o c N c w m v c m c (a v' o v U 8 O N O O C O O C O c (n N 8 t U N d m O ` fa N to :+ 1-- U ( f0 la E a) la a) c c rn O C d N 2 C. c . ▪ o N 2 e> > .• N= a) >— a) E a) = c N d C.14)=4/7,-,-000000003,-(1/0 a . (n o o 0 dO w CO m (a O o_ a) a) o o ., o .- • - a) a) a) o c o w I. ./ _ r_ O 220m4'ce 2U cc c'U(nU m a os y 0 `in `in ._ v 2 = 0 0 O > C) DI as N 'ea .0 E NMr M r NN q' Nt() O L d'C 9 a 0 a 0 M M O 0 .1- 6 rr 0(V ONO ) O. Z r N O O o 0 0 0 (� r O 0 r 0 r 0 Q) O a m m E (O (ON N ' CO V (.0 CON N N V 0 2 . 0 0 a ° o 0. RI amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. By signing this document, Contractor 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 it does not employ illegal aliens. 7 I hereby acknowledge receipt of ADDENDUM(s) numbered through »y roAi L 3J /k /o & 3 :a3fin Item Number Description Quantity Unit 106 Material Testing 1 LS 626 -1 Mobilization 1 LS 630 Construction Zone Traffic Control 1 LS 609 -1 6" Curb and Gutter Type 2, Section IIB 4,400 LF 202 -1 Removal of curb and gutter 4,400 LF 202 -2 Removal of asphalt mat 500 SY 404 -3 Hot Bituminous Pavement (Grade SX) 500 SY 608 -1 Concrete Curb Ramp (sheet 202 Construction and Excavation Strds.) 20 EA 703 Structural Road Base 50 CY 412 -1 Concrete Sidewalk (4 ") 30 SY 601 -2 Miscellaneous Concrete Flatwork (up to 8" depth) 90 SY 601 -2 Miscellaneous Reinforced Concrete Flatwork (8" depth) 40 SY Reset Light Post (sheet ENG 213 -T Construction and Excavation 210 -1 Strds.) 5 EA 202-4 Remove concrete 200 SY 210 -2 Reset Inlet 4 EA 412 -5 Concrete Pan 100 SY 900 Snowmelted Sidewalk/ADA Ramps/Curb and Gutter 200 SF Concrete Grinding to address vertically displaced joints 150 LF tr Please provide a unit price for the Alternates listed below. Alternates may be used in appropriate locations, as determined by the City, as a substitute for the standard 6" Type II curb and gutter Alternate #1 609.03 -2 6" Granite Curb and concrete gutter 300 LF Alternate #2 609.03 -3 6" Steel -faced curb and concrete gutter 300 LF BP1- 971.doc 'BP1 Page 2 Contractors Initials TOTAL BID (not including Alternates) IN NUMBERS: $ Total Bid in Words: I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. ' J Authorized Officer: i e 1 V�Vfa . PE , Title: Full name signature: Company address: P. D. l�X- 1 - an C� Leluutvrfd7 3W Li S CO 61bO :. Telephone number: `1 � 4 � s Fax number: q't'y - Attested by: Subcontractor & Material Supplier List Name: MA SS Con.Crtitt , Phone #: — 5467 Address: w '/ /'Jf/1 Si ct , PA4 04 7. • 2 ape Service or Product: C._nrtc Adet C )6 Covik4e7bhe Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP1- 971.doc 'BP1 3 S7 Contractor's Initials • Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP1- 971.doc *BM e 4 Contractor's Initials AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2011 -014 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he /she does not now, nor will he /she in the future, violate the provisions of said Contract Documents, so long as he /she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he /she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal tl? Q)W ( ) f.FTP I )C_rI D tS Contractor By: ! ;talk / • STATE OF COLORADO ) / SS. COUNTY �/ � / Before me �j m l �) . C6,11 c II//, , a notary public and for Gtr n �.J County, Colorado pe nally appeared 1 24&+' .. 5, W -r --C- known to me personally to be the person(s) whose signature(s) in my presence this a/s f day of ifm , A.D. 2011. o l ``` �s g nII i n expires: /YWCA Z3 20 t 3 i 9 cfs : �� a � / /Public 21 N . ,, ,11111111\\ ACI- 971 .doc 'AC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF nib 1-11- ::a )SS. COUNTY OF Lin - 4 ) On this ;ICI day of /nAttvk , 20 // , before me appeared �Gr WAG to me personally known, who, being by me fir 4t duly sworn, id say that s /he is 1/•c-e- wcs,de." 1L of (--,out Forts -i Jac and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. / C" ublic G87q 6(,,,,,2/50(740 8/(d A dr ;,, iiiiii .•'� OCM'i My commission expires: inn-c Z-3, 2 v �'' w �rpr $gip m g a ii iii 111•1 CC1- 971 .doc Page 4 "CC1 City of Aspen Qualification Statement Project No.: 1. Firm Name, Business Address, Contact Pe 6 Telephone Number: 12. Year Present Firm 13. Date This Form / _ O, - WW / .fi C o nsfra c,E tan the Established: Prepared ) o Box 1 a.C' �y l0� g i 3/(01 1 W � J C/ � � -� S CO gi &Z :4. Type of Ownership: '1� small Business /� t. 7 L( `r fr -s q ; B. Minority Owned WFrre- L7 - 3R9 - C - &'O ; C. Women Owned per-ar-g_c lcP con &fu i 5. Names of not more than two principals to contact: Title /Telephone: / q70 37 g_ / ce // a) Msr.4'C. thou4G, Pi'es;senf- 9'0 9ys7 -2 '7/ %di/ b) Pthr T Were, Vi& Pres.•oed f 170 c p - ts - 9 / x /7 /e( - 7o - .3'79 s e et/ 6. Project Examples, Last 5 Years: TI - eA - ce, Cie- 194 Project Name, Location 6 Brief Description: Owner's Name, Address 6 Telephone: 1 Cost of Work', Date (X $1,000) : Completedl + + + 1. I 2. 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UU O C o O C ' III O O 'E y 0 c ` w a (O c 2 o a m _ .a ° a o a ¢ a s 8 o g a .a m.c n 2 1- a a > x J Ti 'c o o B 2 3 x 6 in- E - a P 9 u j m to 0 Vl C O a � � , n N. r N. N r 1- � p Q y l0 0 0 0 0 p n n n h O " y 0 00 0 90 N N N 0 i:l "6 F it 0 E 0 0 0 0 N N 0 0 0 N 0 0 0 0 ( 0 0 0 V C.t' T N C H C d c d O W d a C o 2 J d c • m 8 w co co c c w °a co w w hi 0 Y N -c c c LL N d • 0 = 0 Q < 5 . N = d a N d a - c 9 t W ,, co L K a 2 (n C Y ry ry L N y W w0 o) O O m O C O L N < f0 K m 0 0 7.) a o (0 a " a ' a = a C c A N 0- N 0 E 0- N oo 'O `o N W `o -`o (<21 `o Ua Ua o c O y o Y y o d 0 N N O a U a 0 % U a U 2 0 2 0 F w. -• •aF UF. <.• w w 8 U ; o o 8 c U o= 0 F ° F A Q 0 u U w U < < 5 o 0 O N O O o O (+) O) N O 0 O 0) O • O p N Y O( N p O (o co O A N 0) N n N r y M N N O) 69 69 W W T 0 c C C O E • = `0 0 c ` 2 2 0 9 O 8 O .0 Y N E LE cy F E N Z' E O 9! O o 7 U c< 0 U 0 £ o m w N F 1- U N d N c `o o j ; 0 2 15 o t — .$ o g O m .- ¢ c c a c 0 v ° _ 8 c n E ° > D ° 'c o W . N C y 'N ( d '. `0 3 w E 'K co E o tO e j N d dx o a '$ w = i d 2 ° o t m « 2 w 4, d co -- E m m y c m m c v 9 0 o = E a 5 m E U w o rr m N C C w 6 n a a a N O O O O 4 y t.0 in w O O O 0 Lot N N N N 4 4 ' C N N N N 0 0 0 a a = Grand Junction Pipe & Supply (Supplier) 970 - 241 -6622 P.O. Box 1849, Grand Junction, CO 81502 Contact: Les Mc Pherson Wagner Equipment (Parts & Rentals) 970 - 945 -1295 18000 Smith Road, Aurora, CO 80011 Lafarge (Concrete /Aggregate Supplier) 970- 963 -8808 P.O. Box 368, Glenwood Springs, CO 81602 Contact: Cheryl Christianson Wylaco Supply Company (Supplier) 800 - 441 -1785 315 Vallejo Street, Denver, CO 80223 Contact: Ed Rosendale Bonding Company /Insurance Company Employers Mutual Casualty Company c/o Hub International Southwest Agency Ltd 2742 Crossroads Blvd P.O. Box 60130 Grand Junction, CO 81506 Contact: Timothy Blanchard (970) 245-8011 Van Gilder Insurance Agency 700 Broadway, Suite 1000 Denver, CO 80203 Contact: Nancy Eggink (303) 831 -5147 I hereby authorize the firm to whom this information has been submitted to investigate the references listed pertaining to our credit and financial responsibility. 3 d en e 1. a, o Da' V.P ' Gould Construction, Inc. Vi` a. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Stephen Kanipe, Chief Building Official THROUGH: Chris Bendon, Community Development Director MEETING DATE: March 28, 2011 RE: Amendments to Ordinance Np It , Series of 2011 adopting the 2009 International Energy Conservation Code. REQUEST OF COUNCIL: Staff requests action from Council regarding amendments to Title 8, Chapter 8.46 Appendix A & B, the 2009 International Energy Conservation Code. SUMMARY: At second reading during the public hearing Paul Spencer offered comments to expand the renewable energy offsite beyond the city limits. At Council direction staff agreed to entertain those suggestions. Specific suggested code language addressing expanded offsite options was submitted to staff from Mr. Spencer. In that email he offered that the language was written during consultation and agreed upon with Holy Cross Electric. Staff then met with City department representatives from Asset Management, Utilities, and Engineering. The ad hoc group discussed and considered three primary options: 1) Amend language deleting "and CORE" and finalize a policy to specifically guide the applicant for an offsite installation within the City limits. 2) Delete the offsite option completely. 3) Include the Spencer language. The ad hoc group considered the merits of expanding offsite installations to include the Urban Growth Boundary or even the entire Roaring Fork Valley. Utilities and Asset offered that the Spencer language essentially expands the offsite boundary to the entire Holy Cross utility service area. Our group discussion concluded that option #2, deleting the offsite mitigation is the preferred direction. This supports the original concept of REMP in that if onsite mitigation is not chosen then the payment option is required. This does not deprive a permit applicant of choices. Every building site in the City has access to the onsite option in the ordinance as written; photovoltaic, solar thermal and Ground Source Heat Pumps as single systems or in any combination. The installation in all or part is credited toward onsite mitigation. Another choice the applicant has is to decrease the amount of exterior energy installed. 1 Option #1 is also available to Council. A specific policy is written to guide the applicant toward compliance. This is a process the building department staff is very familiar with in evaluating alternate methods and specifically addressed in the administrative section of the IECC. Option #2 supports onsite mitigation or the REMP payment option that has been in place since January 2000. The REMP funds are dispersed through grants screened by the CORE board with final approval by both the BOCC and City Council. This is a well established and respected process. BACKGROUND: Council approved Ordinance 8 of 2011 at the February 28, 2011 meeting. The ordinance included language to allow offsite mitigation renewable installation within the city limits. It was this provision that solicited public comment. Council directed building staff to clarify acceptable criteria for offsite mitigation and, if desired, solicit comment from stakeholders in the offsite mitigation discussion. RECOMMENDATION: Staff recommends supporting option #2 and approve of Ordinance No.11 Series 2011 on first reading. CITY MANAGER COMMENTS: 2 ORDINANCE NO. 11 (SERIES 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 8.46 OF THE ASPEN MUNICIPAL CODE TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE. WHEREAS, the City of Aspen is nationally recognized as a leader in developing, adopting and administrating progressive energy codes; and WHEREAS, in 1995 the City of Aspen was the first jurisdiction in the country to regulate exterior energy use; and WHEREAS, in 2000 the City of Aspen was the first jurisdiction in the country to adopt a mandatory Renewable Energy Mitigation Program; and WHEREAS, it is in the best interest of the citizens of and visitors to our community to continue and maintain a leadership role in energy code adoption and administration. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Title 8 Chapter 8.46 of the Aspen Municipal Code is hereby amended and shall read as follows: Chapter 8.46 International Energy Conservation Code Sec. 8.46.010. Adoption of the 2009 Edition of the International Energy Conservation Code. Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Energy Conservation Code, 2009 Edition, as published by the International Code Council except as otherwise provided by amendment or deletion as contained in Section 8.46.020 of this Chapter. At least one (1) copy of the International Energy Conservation Code shall be available for inspection during regular business hours in the City Clerk's Office, second floor of City Hall. Sec. 8.46.020. Amendments. The International Energy Conservation Code, 2009 Edition, the addition of Appendix A "Residential Renewable Energy Mitigation Program" and Appendix B "Commercial Renewable Energy Mitigation Program" as adopted by the City at Section 8.46.010, is hereby amended to provide and read as follows: 1 (a) Section 101.1 Insert: "City of Aspen' for [NAME OF JURISDICTION]. (b) Section 104.3 "Final Inspection" is hereby amended and to read as follows: Section 104.3 Required energy efficiency inspections. The building official, upon notification, shall make the inspections set forth in Sections 104.3.1 through 104.4.5. Section 104.3.1 Building thermal envelope. Specific items referenced in Section 402.4.1 and Section 502.4.3 shall be inspected and approved. Section 104.3.2 Fenestration. All fenestration as defined in Section 202 shall be labeled, inspected and approved before the gypsum board inspection. Section 104.3.3 Insulation. All above and below grade wall and ceiling cavity insulation shall be labeled, inspected and approved before the gypsum board inspection. Section 104.3.4 Other inspections. In addition to the inspections specified above other inspection shall include, but not be limited to, inspections for: duct system R- value, 14VAC and water- heating equipment efficiency and lighting compliance. Section 104.3.5 Final inspection. The building shall have a final energy efficiency inspection and not be occupied until approved. (c) Section 107.2 "Schedule of permit fees" is hereby amended and to read as follows: "A permit shall not be valid until the fees prescribed by Section 2.12.100 of this Code are paid in full." (d) Section 109 "Means of appeal" is deleted in its entirety and shall read as follows: "Section 109.1 Appeals shall be in accordance with Chapter 8.08 of this Code." (e) Add Section 110 "Liability" to read as follows: "The Building Official or his or her authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his or her duties. "This Code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof or City be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of 2 inspections authorized and carried out hereunder or by the issuance of any permits or certificates issued pursuant to this code." (f) Section 301 "Climate zones" is deleted in its entirety and shall read as follows: "The City of Aspen, Colorado shall use Climate Zone 7 in determining the applicable requirements from Chapters 4 and 5 ". (g) Section 402.4.2 Shall be amended as follows: Air sealing and insulation. Building envelope air tightness and insulation installation shall be demonstrated to comply with Section 402.4.2.1 . (h) 402.4.2.2 is deleted in its entirety. (i) Section 403.8 Snow Melt System Controls (Mandatory).shall be amended as follows: (Add) 403.8.1 "Snow Melt Slab Insulation. "R 10 insulation shall be installed under the area to be snow melted or R -5 insulation shall be installed under and at the slab edges of the area to be snow melted. (Add) 403.8.2 "Roof and gutter deicing ". Electric roof and gutter deicing systems shall be self regulating type cable and include automatic controls which limit the use of the system to daylight hours by means of a programmable timer. When installation exceeds manufacturers' design requirements electric roof and gutter deicing systems shall have automatic controls capable of turning off the system with when the outdoor temperature is above 50 degrees F and monitor moisture. Hydronic roof and gutter deicing systems shall have an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees F. (j) Section 503.2.4.5 Snow Melt System Controls. Shall be amended as follows: (Add) 503.2.4.5.1 "Snow Melt Slab Insulation. "R 10 insulation shall be installed under the area to be snow melted or R -5 insulation shall be installed under and at the slab edges of the area to be snow melted. (Add) 403.8.2 "Roof and gutter deicing ". Electric roof and gutter deicing systems shall be self regulating type cable and include automatic controls which limit the use of the system to daylight hours by means of a programmable timer. When installation exceeds manufacturers' design requirements electric roof and gutter deicing systems shall have automatic controls capable of turning off the system with when the outdoor temperature is above 50 degrees F and monitor moisture. Hydronic roof and gutter deicing systems shall have an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees F. Section 2. The International Energy Conservation Code is hereby amended by the addition of an Exhibit A 3 which shall read as follows: Appendix A "Residential Renewable Energy Mitigation Program" SECTION 101 SCOPE AND ADMINISTRATION Section 101.1 Scope. Residential snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Residential Renewable Energy Mitigation Program (RREMP) Appendix A. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit that include systems described in section 101.1. Residential Building is defined in IECC section 202. Section 101.2 Residential Renewable Energy Mitigation Program (RREMP) Option — Exterior energy use for residential snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201. Section 101.3 On -site Renewable Credits Option — Renewable credit options are calculated as directed by Section 301. Section 102 Payment option. The RREMP payment option is the difference in energy use calculated in section 202 and on -site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on -site renewable credits. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. Section 103 Credits for on -site renewable energy. This RREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on -site renewable energy (Section 301) with solar photovoltaics and/or solar hot water. Also the energy efficient technology of ground source heat pump systems (GSHP) is permitted for supplemental on -site energy. Micro -hydro and wind generation systems will be credited according to industry standard site specific production reports. The building official may approve offsite locations within the City of Aspen. Section 104 Pre - existing systems. Pre - existing snowmelt, pools or spas which are being overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel by inspection before demolition. The calculation of the credit shall be based on section 301. Section 105 - Residential Repairs. Repairs to building components, systems, or equipment which do not increase their pre- existing energy consumption need not comply with RREMP. All replacement mechanical equipment shall be Energy Star© rated. SECTION 201 EXTERIOR ENERGY USE CALCULATIONS Section 201.1 Snow melt energy consumption shall be calculated as a RREMP payment option at $34.00 4 per square foot divided by the boiler efficiency (AFUE). Electric snow melt energy consumption shall be calculated as a RREMP payment option at $34.00 per square foot. Exception: Areas critical to pedestrian ingress, egress or life safety may be snow melted with the approval of the building official. Section 201.2 Outdoor pool energy use shall be calculated as a RREMP payment option at $136.00 per square foot divided by the boiler efficiency (AFUE). Section 201.3 Spa energy use shall be calculated as a RREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package portable self contained spas not more than 64 square feet are exempt. Section 201.4 The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated in section 201.1. Section 202 The total RREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3. SECTION 301 ON - SITE RENEWABLE CREDITS Section 301.1 Photovoltaic Systems — On -site renewable credit shall be calculated as $6,250.00 per 1 KiloWatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on -site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association) , NABCEP (National Association of Board Certified Energy Professionals) or a licensed electrical contractor registered with the City of Aspen. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.2 Solar Hot Water - On -site renewable credit shall be calculated as $125.00 per 1 square foot of the system design. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association) , NABCEP (National Association of Board Certified Energy Professionals) or a licensed plumbing contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.3 Ground Source Heat Pump - On -site renewable credit shall be calculated as $1,400 per 10,000 BTU per hour of the system capacity. In order to use a GSI-IP for on -site renewable credit the GSHP system must supply at least 40% of the peak load for heating and cooling the building (Manual J or approved equivalent). A minimum COP of 3 at entering source water temperature maximum of 30 degrees and leaving load water temperature minimum of 110 degrees shall be the design criteria. Section 302 The total RREMP on -site renewable credit is the total sum of sections 301.1, 301.2 and 301.3. PUBLIC DOMAIN SOFTWARE Section 401 A free calculation program known as RREMP 2009 shall be made available to the public. 5 EXAMPLE CALCULATION FOR RESIDENTIAL RENEWABLE ENERGY MITIGATION PROGRAM Snowmelt Example (Snowmelt requested 800 sq. ft.) $34.00 *800/ .91 (efficiency rating of boiler) = $29,890.11 RREMP payment option for exterior energy use will be $29,890.11 ON -SITE RENEWABLE CREDITS 96 square feet of solar hot water panels *$125.00 per square foot = $12,000.00 RREMP payment option will be $17,890.11 OR 4.8 KW photovoltaic system *$6,250.00 per kilowatt = $30.000.00 RREMP payment option will be $0 Section 3. The International Energy Conservation Code is hereby amended by the addition of an Exhibit B which shall read as follows: Appendix B "Commercial Renewable Energy Mitigation Program" SECTION 101 SCOPE AND ADMINISTRATION. Section 101.1 Scope. Commercial snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Commercial Renewable Energy Mitigation Program (CREMP) Appendix B. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit that include systems described in section 101.1. Commercial Building is defined in IECC section 202. Section 101.2 Commercial Renewable Energy Mitigation Program (CREMP) Option — Exterior energy use for commercial snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201. Section 101.3 On - site Renewable Credits Option — Renewable credit options are calculated as directed by Section 301. Section 102 Payment option. The CREMP payment option is the difference in energy use calculated in section 202 and on -site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on -site renewable credits. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County 6 Commissioners. Section 103 Credits for on -site renewable energy. This CREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on -site renewable energy (Section 301) with solar photovoltaics and/or solar hot water. Also the energy efficient technology of ground source heat pump systems (GSHP) is permitted for supplemental on -site energy. Micro -hydro and wind generation systems will be credited according to industry standard site specific production reports. The building official may approve offsite locations within the City of Aspen. Section 104 Pre - existing systems. Pre- existing snowmelt, pools or spas which are being overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel by inspection before demolition. The calculation of the credit shall be based on section 301. Section 105 - Commercial Repairs. Repairs to building components, systems, or equipment which do not increase their pre- existing energy consumption need not comply with CREMP. Section 201 EXTERIOR ENERGY USE CALCULATIONS Section 201.1 Snow melt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot divided by the boiler efficiency (AFUE). Electric snow melt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot. Exception: Areas critical to pedestrian ingress, egress or life safety may be snow melted with the approval of the building official. Section 201.2 Outdoor pool energy use shall be calculated as a CREMP payment option at $170.00 per square foot divided by the boiler efficiency (AFUE). Section 201.3 Spa energy use shall be calculated as a CREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package portable self contained spas not more than 64 square feet are exempt. Section 201.4 The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated in section 201.1. Section 202 The total CREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3. Section 301 ON -SITE RENEWABLE CREDITS Section 301.1 Photovoltaic Systems — On -site renewable credit shall be calculated as $6,250.00 per 1 KiloWatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on -site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association), NABCEP (National Association of Board Certified Energy Professionals) or) or a licensed electrical contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. 7 Section 301.2 Solar Hot Water - On -site renewable credit shall be calculated as $224.65 per 1 square foot of the system design. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association), NABCEP (National Association of Board Certified Energy Professionals) or a licensed plumbing contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.3 Ground Source Heat Pump - On -site renewable credit shall be calculated as $1,400 per 10,000 BTU per hour of the system capacity. In order to use a GSHP for on -site renewable credit the GSHP system must supply at least 40% of the peak load for heating the building (Manual J or equivalent). A minimum COP of 3 at entering source water temperature maximum of 30 degrees and leaving load water temperature minimum of 110 degrees shall be the design criteria. Section 302 The total CREMP on -site renewable credit is the total sum of sections 301.1, 301.2 and 301.3. PUBLIC DOMAIN SOFTWARE Section 401 A free calculation program known as CREMP 2009 shall be made available to the public. EXAMPLE CALCULATION FOR COMMERCIAL RENEWABLE ENERGY MITIGATION PROGRAM Snowmelt area 1200 sq. ft. $60.00* 1,200/.92 (efficiency rating of boiler) = $78,260.87 Pool area 700 sq. ft. $170.00 *700 /.92(efficiency rating of boiler)= $119000.00 Spa area 80 sq. ft. $176.00 *80 /.92(efficiency rating of boiler)= $15,304.35 RREMP payment option for exterior energy use will be $222,913.04 ON -SITE RENEWABLE CREDITS 448 square feet of solar hot water panels *$125.00 per square foot = $56,000 20 KW photovoltaic system *$6,241.20 per kilowatt = $124,824.00 RREMP payment option will be $0 Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the Ordinance was held on the day of , 2011, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado Section 6: This ordinance shall become effective thirty (30) days following final adoption. 8 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28 day of March, 2011. Attest: Kathryn S. Koch, Michael C. Ireland, City Clerk Mayor FINALLY, adopted, passed and approved this day of 2011. Attest: Kathryn S. Koch, Michael C. Ireland, City Clerk Mayor Approved as to form: City Attorney 9 MEMORANDUM VIti TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning Director RE: 2 " Amended Plat, Anderson Subdivision - Subdivision Amendment — 2_d Reading of Ordinance 10, Series 2011— Public Hearing MEETING DATE: March 28, 2011 APPLICANT /OWNER: reconfiguration of the shape of both lots within City of Aspen (Lot 1) the subdivision. Orr Family Partnership (Lot 2) Figure 1: Vicinity Ma. REPRESENTATIVE: Brian Flynn, Open Space and Special v • projects Manager (Lot 1) 17. (04 _ 71 r`'� Alan Richman Planning + � Alan Richman, g , - ,; � „ g�. 126 Services (Lot 2)- I CO LOCATION:'• ? 0.-1014t, .� ` ' Lots 1 and 2, Anderson Subdivision, Lot • , 1 is commonly known as Anderson Park ' ',� _ ,I �' T.% ;c p , �y I,OS .. CURRENT ZONING & USE ola. { � i w . w�wi8 444. Ixss ;. � , gas Medium - Density Residential (R -6) zone ; -- 1737 10.5184W 14 district, with a Planned Unit Development (PUD) Overlay. Currently I Lot 1 contains Anderson Park with a .�i• ✓� "t'a`i �)� H . 4a7, cabin and outbuildings while lot 2 is undeveloped but approved for a single- F 2: View of Lot 2 from Anderson Park family residence. >; : - PROPOSED LAND USE: The current subdivision is approved for a total of two lots. No changes to the uses are proposed; only relocation of Lot 2. STAFF RECOMMENDATION' ` Approval with conditions. - SUMMARY: s d The Applicants request a subdivision amendment to relocate and reconfigure existing Lot 2, resulting in an overall { LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicants are requesting the following land use approval to redevelop the site: • Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (same number of lots) pursuant to Land Use Code Section 26.480 (City Council is the final review authority who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: In 1979, the Anderson Subdivision was approved by City Council. The approval allowed for the creation of two lots (Lots 1 and 2) from a parent parcel of 60,585 square feet. That same year Lot 2 was sold to the Orr family, subsequently Lot 1 was sold to the City in 1999. A plat amendment was recorded in 1996 to slightly reconfigure Lot 2 so that an utility easement was not located within it. Lot 1 is currently 54,493 sq. ft. and is a city park containing a cabin and outbuildings. Lot 2 is located in the southeast corner of the subdivision, contains 6,092 sq. ft. and is permitted to be developed with a single family residence. The Parks Department has been in an ongoing master planning effort for the park and has also been in negotiations with the Orr family with regard to the master planning process. Specifically, the two parties have been negotiating the reconfiguration of Lot 2 "in a manner that both parties' objectives could be met." In evaluating the site the Parks Department has ascertained that Lot 2 is located partly in an area of the subdivision that's identified as useable land due to the site's topography. A series of meetings have been held between both parties and the Open Space Board has been involved. The proposed lot reconfiguration before City Council moves Lot 2 to the northeast portion of the subdivision, closer to Highway 82 /Cooper Avenue, away from the useable land (Figure 3). Figure 3: Current and Proposed Lot 2 . ... / .I , / ' 1 4: ...- , p oi, ~ � r. ANDFR5ON " i ANURSON • d .� ii f, 7 PARK _ J PARK J 7 ! V r l LOT � t / 11- ' / , � • ! _ f / �4 F t,!Yti'i ,; s y L l o . l { l �� Iztr A i i j r CURRENT LOT 2 PROPOSED LOT 2 Page 2 of 4 The Applicants are requesting approval to amend the plat in order to reconfigure the two lots as shown in Figure 2 and in the draft plat (Exhibit A). Specifically, the Applicants would like to reconfigure the location and shape of Lot 2 while maintaining the existing lot size of 6,092 sq. ft.. With the new location of Lot 2 only a single family residence is permitted to be developed on the lot; however, the allowable Floor Area allocated for Lot 2 will be adjusted. Proposed Lot 2's topography includes some steep slopes along the proposed western boundary and the site is somewhat mounded and raised above both Highway 82 /Cooper Avenue and Riverside Drive. The following table (Table 1) compares the existing and proposed development with the dimensional requirements of the Medium- Density Residential (R -6) zone district for Lot 2 with regard to lot size and allowable floor area. Although both lots are the same size, due to the presence of steep slopes on the newly proposed lot, the maximum allowable floor area will be 2,470 sq. ft. which is 89 sq. ft. less than what the current lot can develop. Figure 4: Western edge proposed Lot 2 Figure 5: Southeastern edge proposed Lot 2 • ais Table 1: Dimensional Requirements with regard to lot size and Allowable Floor Area Dimensional Requirement Underlying Zone Existing Proposed District Requirements Lot 1 Lot 1 (SFR) (SFR) Minimum Lot Size 6,000 sq. ft. 6,092 sq. ft. 6,092 sq. ft. Minimum Lot Width 60 feet >65 feet >108 feet Lot Area adjusted for slope 3572.5 sq. ft. 3,253 sq. ft. reduction Allowable Floor Area 2,560.3 sq. ft. 2,470.84 sq. ft. STAFF COMMENTS: SUBDIVISION AMENDMENT: The Applicants are requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.080, Amendment to subdivision development order: "any amendment shall be approved by city Page 3 of 4 council, provided that the proposed change is consistent with the approved plat." The proposal before you is consistent with the approved plat as the number of lots (2) remain the same, the lot sizes: 54,493 (Lot 1) and 6,092 (Lot2) remain the same, and the permitted use of Lot 2 remains the same (single family residence). The Orr family and the Parks Department have been working together to develop a reconfigured Lot 2 that meets the goals of both parties. The Open Space Board has reviewed the proposal and supports it. As this reconfiguration of the subdivision constitutes a land trade of publicly owned land, the subdivision amendment requires an approval by the voters of Aspen as required by the city charter. As mentioned in the first reading memo, a separate agenda item related to approving the ballot language to facilitate the land trade will be introduced on March 28 Any approval of the plat amendment will be conditioned on a successful ballot measure as noted in the draft ordinance. Additionally, the application notes that the newly proposed Lot 2 "is mounded up by approximately 6 -8 feet above the elevation of Riverside Avenue ....and the Orr family will dig this mound to drop the house elevation to approximately street level. "This condition has been included in the ordinance. Finally, the Applicant has also agreed to ensure that any basement level shall not be exposed by a walk -out design or in some similar manner along the hillside shared with the park and this is also noted in the ordinance. REFERRAL AGENCY COMMENTS: The Fire Marshal, Aspen Sanitation District, and the Utilities Department have all reviewed the proposed application and any requirements have been included as conditions of approval where appropriate. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on second reading, approving with conditions, a subdivision amendment, for the 2 Amended Plat — Anderson Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.10, Series of 2011, upon second reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Draft Plat (provided on 2/28 on 3/28/11) EXHIBIT B — Draft Ballot Language (provided on 2/28) EXHIBIT C — Application (provided on 2/28) Page 4 of 4 ORDINANCE NO. (© (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT — ANDERSON SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718139801 and 273 718139002 WHEREAS, the Community Development Department received an application from the Orr Family Partnership represented by Alan Richman Planning Services and the City of Aspen Parks Department, requesting approval of Subdivision Amendment to replat the existing subdivision's lots; and, WHEREAS, the purpose of the replat is to relocate and reconfigure Lot 2 within the subdivision while maintaining the same lot sizes; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on March 28, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the, approving with conditions, the subdivision amendment which maintains two lots within the subdivision; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat — Anderson Subdivision which amends the configuration of Lots 1 and 2 within the existing subdivision. The Approval is conditioned on the following: Page 1 of 3 1) Approval of the exchange of property by the voters pursuant to charter section 13.4, of the home rule charter; and, 2) The residence to be developed on Lot 2 will be built so that the ground floor is approximately at the elevation of Riverside Drive. This will be memorialized with a measured and referenced elevation on the plat; and, 3) Any basement level shall not be exposed by a walk -out design or similar manner along Lot 2's western boundary that is shared with the park (Lot 1). Similarly, any grading that is undertaken will respect the natural topography and minimize any need for retaining walls. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28 day of March, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be 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 28 day of February, 2011. 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"4/ 4/ / 11 1 1, VI%I b Memorandum The Sift otnoeo Mr Rome* Mee TO: Mayor and Members of Council FROM: John P. Worcester DATE: March 28, 2011 RE: Anderson Park Land Exchange Ballot Question Attached for your review and approval is a resolution that, if approved, would refer to the voters at the May 3, 2011, municipal election a question seeking voter approval to exchange the lots at the Anderson subdivision discussed in a previous agenda item on tonight's City Council meeting. cc: City Manager RESOLUTION NO. c9-5 (Series of 2011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN QUESTION SEEKING AUTHORITY TO EXCHANGE CITY OWNED OPEN SPACE FOR AN EQUAL AMOUNT OF LAND WITHIN THE ANDERSON SUBDIVISION. WHEREAS, the City of Aspen owns certain property of approximately 54,500 square feet, commonly referred to and known as Lot 1 of the Anderson Subdivision, originally acquired for the preservation of open space and the future development of Anderson Park; and WHEREAS, a private party owns a parcel of land within the Anderson Subdivision designated as the "Lot 2" on the First Amended Plat of the Anderson Subdivision recorded in the Pitkin County Clerk and Recorder in Book 39, Page 101, as Reception No. 394519, a copy of which is appended hereto as Exhibit A; and WHEREAS, said "Lot 2" has an area of approximately 6,092 square feet and is located within the Anderson Subdivision so that it substantially interferes with the ability of the City owned lot to serve as public open space or for the future development of Anderson Park; and WHERES, the owner of said "Lot 2" has agreed to exchange his lot for a similarly sized parcel of land owned by the City within the Anderson Subdivision that would not interfere with the development of a future park; and WHEREAS, the development rights of the privately owned lot will not change by the proposed exchange; and WHEREAS, the City Council is scheduled to approve an amendment to the Anderson Subdivision to amend the location of Lot 2 within the Subdivision as more fully described in the Second Amended Plat appended hereto as Exhibit B, subject to voter approval of the following proposed ballot question; and WHEREAS, the Section 13.4 of the City of Aspen Home Rule Charter requires voter approval to sell, exchange, or dispose of real property in public use including property acquired for open space purposes; and WHEREAS, the City Council desires to obtain authorization from the electors of the City of Aspen to exchange lots with the private owner of a lot within the Anderson Subdivision to facilitate the development of the Anderson Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The following question, authorizing the City Council of the City of Aspen to exchange lots within the Anderson Subdivision with the private owner of a similarly sized lot, shall be placed on the ballot at the May 3, 2011, election: Shall City Council be authorized to exchange a City owned parcel of land within the Anderson Subdivision of approximately 6,092 square feet for a parcel of privately owned land of equal size within the Anderson Subdivision? • The exchange of land is being proposed to make the entire Anderson Subdivision land owned by the City function better as open space and the future development of Anderson Park. • The exchange of lands will not affect the development rights of the privately owned parcel of land. • A plat of the Anderson Subdivision graphically depicting the parcels of land proposed to be exchanged is available for public inspection during business hours in the City Clerk's Office. Yes No INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2011. 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 VI% c MEMORANDUM TO: Mayor and Council FROM : Trish Aragon, P.E., City Engineer THRU: Scott Miller, Capital Asset Director DATE OF MEMO: March 21, 2011 MEETING DATE: March 28, 2011 RE: Engineering Fees - Continued from March 14, 2011 Second Reading Ordinance #3, Series of 2011 SUMMARY: Staff is proposing Engineering Permit Review Fees to recover costs for staff time associated with building permits. This is a continuation of the second reading. PREVIOUS MEETINGS: At the January 3, 2011 work session, Council directed staff to proceed with a fee structure that included a subsidy for those services that were associated with activities related to public service. The first reading of the proposed engineering fees occurred on February 14, 2011. The second reading of the proposed engineering fees occurred on February 28, 2011. During this meeting, Council proposed a delayed effective date. Additionally Council requested that staff incorporate an incentive for compliance with the City's Construction Mitigation Program. Lastly Council requested a phased implementation where smaller projects receive a discount from the review fees. The second reading was continued on March 14, 2011. During this meeting Council requested a modification to the phased implementation. This modification included additional discounts for smaller projects. DISCUSSION: Currently, fees are not charged for the engineering staff time associated with building permit review and the related construction mitigation for these permits. By not charging engineering fees, development is receiving "free" engineering services from the City. These services are subsidized through a combination of the General Fund and the Stormwater Fund. Often times we will see an application multiple times through several iterations because we are not charging for this service. Staff is proposing to recover those costs associated with the staff time used toward building permits. Those services associated with public service will continue to be subsidized. Public service examples include pedestrian and transportation safety, stormwater program activities, right of way (ROW) support and capital projects. Based on the Department's activities, the costs to deliver development services was analyzed. This is shown in Exhibit A. The Engineering permit review fee proposed in Exhibit B, will vary depending on project size, i.e. the bigger the project the more time to review the application. Affected Area will be used for the calculation of the Engineering Review Fee. The affected area is the best way to apply an applicable fee to a project, because the engineering review includes an analysis of the site such as drainage, grading, stabilization. Additionally, the fee proposed will not be implemented until July 1, 2011 and will provide a discount for smaller projects. As a result, all basic permit reviews will only be charged at 25% of the rate shown. And minor permit reviews will only be charged at 50% of the rate shown. As part of the annual fee ordinance staff will revisit the fees with Council and at that time Council may decide to fully implement the proposed fees. A construction mitigation fee of $1 per gross square foot as shown in Exhibit B, is proposed to cover those services directly related to development. Gross square footage will be used for the calculation of the construction mitigation fee. Gross square footage was used because it relates directly to the amount of inspection needed for a project. Additionally, fifty percent of the construction mitigation fee will be collected at permit submission and the remaining upon permit issuance. As an incentive, a 10% refund of the construction mitigation fee will be available for clean sites. Furthermore, to help inform contractors and developers of what it means to have a "clean" site, the Engineering staff will offer training opportunities on the City's requirements for Construction Mitigation. This incentive will be refunded to qualifying sites at certificate of occupancy issuance. Examples of what the fees would look like for a variety of scenarios is presented in Community development's Memo. Exhibit C includes the estimated revenue of the proposed fees. Since the activities associated with building permit review is spread across two funds, (General Fund and the Stormwater Fund) the revenue will be distributed proportionally across these funds, refer to Exhibit C. FINANCIAL IMPLICATIONS: With the adoption of the proposed fees, approx. $710,000 of the costs associated with building permit and land use review would be recovered. RECOMMENDATION: Staff recommends approval of Engineering Development fees as proposed in the ordinance included in Exhibit E. PROPOSED MOTION: "I move to approve Ordinance # 3, Series 2011, amending the municipal code of the City of Aspen to create Engineering Development Fees." ALTERNATIVES: Council could approve larger or smaller fees. CITY MANAGER COMMENTS: Attachments Exhibit A - Engineering Department Cost per Billable Hour Calculation Exhibit B - Proposed Fee Structure Exhibit C - Revenue Estimate Exhibit D - Fee Ordinance Exhibit A 2011 Engineering Department Cost per Billable Hour Calculation y ... roll v ® «T Non Compensation Recoverable Recoverable Payroll $596,259 5389,233 $207,025 � ra St a rigr�cpenditures a1 a C_ . Non Avg. Expense Recoverable Recoverable Administration (15000) $260,930 $170,330 $90,600 Remodel Depreciation $120,000 $78,340 $41,660 Total Operating $380,930 5248,670 5132,260 Overhead Non Expense Recoverable Recoverable Overhead (IT and GF) $225,540 5147,230 578,310 Total Recoverable Non Type Total Expense Recoverable Payroll $596,259 $389,233 $207,025 Operating Expenditures $380,930 $248,670 $132,260 Overhead $225,540 $147,230 $78,310 Total $1,202,729 5785,133 5417,595 Billable Hours 2,954 Cost /Hour $265.82 1 Exhibit B Proposed Engineering Development Fee Structure Engineering Review Fee This fee structure shall apply to all permits submitted on or after July 1, 2011 Affected Area Fee Basic review* = 200 - 500 sq.ft. $530.00 Minor Review ** = 501 - 1000 sq.ft. $1325.00 Major Review = 1001 — 15,000 sq.ft. $1,590.00 + $2 per square foot over 2,000 Above 15,000 $1,590.00 + $2 per square foot over 2,000 and up to 15,000 + .10 per square foot over 15,000 *The Basic will not be fully implemented at this time, as a result this fee will be discounted by 75% ** The Minor Review will not be fully implemented at this time, as a result this fee will be discounted by 50% Additional plan review required by changes, additions, revisions to plans $265/hr (Minimum charge 1/2 hr) Construction Mitigation Fee This fee structure shall apply to all permits submitted on or after July 1, 2011 400 - 15,000 square feet - $1.00 x gross square footage of project. Above 15,000 square feet - $1.00 x gross square footage of project up to 15,000 sq.ft. + $.05 per square foot of project over 15,000 sf. Note: Fifty percent of the construction mitigation fee will be collected at permit submission and the remaining upon permit issuance. Incentive: For those sites that are clean for the duration of construction, a 10% refund of the Construction Mitigation Fee will be credited to the site when the certificate of occupancy is issued Exhibit C Revenue Estimate Fee Total Proposed Revenue Existing Revenue Proposed General Fund Proposed Stormwater Construction Mitigation Fee $156,240 $0 $156,240 $0 Land Use Engineering Review $212,000 $6,000 $184,800 $21,200 Building Permit Engineering Review $342,600 $0 $239,900 $102,700 ROW & Enc Fees $90,943 $90,943 $0 $0 'Total $801,783 $96,943 $580,940 $123,900 Note: This is a full year of estimated revenue so only two- thirds might be recognized in 2011. The amount above, maybe the amount expected for 2012. Additionally because 50% of the construction mitigation fee is collected up front, the revenue may be less than what is shown. It all depends on the completion of the project which could extend into multiple out years. Exhibit D Ordinance No. 3 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO CREATE ENGINEERING DEVELOPMNET FEES WHEREAS, The City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fee that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; Section 1. That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth International Building and Residential Code Permit fees, is hereby amended to include the following additional section: 2.12.100 (f) Engineering Development Fees Engineering Review Fee This fee structure shall apply to all permits submitted on or after July 1, 2011 Affected Area Fee Basic review* = 200 - 500 sq.ft. $530.00 Minor Review ** = 501 - 1000 sq.ft. $1325.00 Major Review = 1001 — 15,000 sq.ft. $1,590.00 + $2 per square foot over 2,000 Above 15,000 $1,590.00 + $2 per square foot over 2,000 and up to 15,000 + .10 per square foot over 15,000 *The Basic will not be fully implemented at this time, as a result this fee will be discounted by 75% ** The Minor Review will not be fully implemented at this time, as a result this fee will be discounted by 50% Additional plan review required by changes, additions, revisions to plans $265/hr (Minimum charge 1/2 hr) Construction Mitigation Fee This fee structure shall apply to all permits submitted on or after July 1, 2011 400 - 15,000 square feet - $1.00 x gross square footage of project. Above 15,000 square feet - $1.00 x gross square footage of project up to 15,000 sq.ft. + $.05 per square foot of project over 15,000 sf. Note: Fifty percent of the construction mitigation fee will be collected at permit submission and the remaining upon permit issuance. Incentive: For those sites that are clean for the duration of construction, a 10% refund of the Construction Mitigation Fee will be credited to the site when the certificate of occupancy is issued Section 2: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on the ordinance shall be held on the day of , in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of Mick Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved, this day of Mick Ireland, Mayor Attest: d MEMORANDUM V111 TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director DATE: March 28, 2011 RE: Community Development Fees — Continued from 3.14.11 2" Reading of Ordinance No. 4, Series of 2011 SUMMARY: Community Development is proposing changes to the fees charged to applicants for planning and building services. City Council reviewed the proposal on February 28 and March 14 Council directed staff to pursue a few amendments. Delayed effective date. City Council suggested the implementation of new ComDev fees be delayed. Staff is proposing September 1 for an effective date. (Engineering fees may be effective earlier.) Logistics of incentive program for "model" applications. ComDev is pursuing several changes to the overall permitting system. One change is expected to bring welcomed time savings to the Zoning Officer's review of building permits. Staff has been working with a few architects to develop a standard zoning submittal. The architects that have been involved have been very open and adaptable. Staff expects applications submitted in this new format will take less time to review. Staff recommends a 10% discount of the zoning review fee for projects submitted in this standard. Implementation will be relatively simple. Staff will do some outreach and possibly an open house or small group sessions to review the submission format. The submission format will be on the department's web site. Applicants will not be required to attend an open house or review session. Projects submitted in this format will be given a 10% discount on the zoning fees. The fee reduction is effective upon permit issuance. Reduced permit fees for "small" projects. Previous iterations of this proposal provided low flat fees for projects of S10,000 and less — that continues in tonight's proposal, lowering fees for these small projects (representing around half of the permits issued). Based on Council direction, staff is proposing a fee structure that provides a subsidy for projects of less than $200,000. Projects up to $50,000 will be assessed 25% of the service cost. Projects of $50,000 to $150,000 will be assessed 50% of the service costs. Projects of $150,000 to $200,000 will be assessed 75% of the actual costs. With this proposal in place, the overall subsidy of development services is about 20% or $800,000 per year. 1 An alternate scenario provides additional assistance for small projects. Projects up to $100,000 are assessed 25% of the service cost. Projects of $100,000 to $200,000 are assessed 50% of the service costs. This proposal represents an overall subsidy of % or about $ per year. Both scenarios focus the subsidy on small projects. On the residential side, this encourages small to moderate remodels — improvements that are typically for necessity or convenience of the owner. On the commercial side, this helps businesses refresh their image and stay current with trends — which are important for overall customer experience. Staff is comfortable with either option. The level of subsidy is manageable and focused on solid principles. Option A — low flat fees for _ _ General Fund Subsidy levels projects up to $10,000. sl,tsc000 8 :096 $10,001- $50,000 -- 25% of fee $ $50,001- $150,000 -- 50% of fee $150,001- $200,000 -- 75% of fee 5000,000 Projects above $200,000 pay full fees. 20% Subsidy = 2O% or $ 800,000 "Normal' Year 2011 Estimate 2012 Estimate 2013 Estimate ml Community Development ■I Enejneering — +— ComOev /Engineeriry Option B — low flat fees for General Fund Subsidy levels projects up to $10,000. 10A 51,850,000 $10,001- $100,000 -- 25% of fee 80% $2,035,000 $100,001 - $200,000 -- 50% of fee 60% Projects above $200,000 pay full 50 0,000 40� fees. 20% Subsidy = 2% or $930,000 0% "Normal" Year 2011 Estimate 2012 Estimate 2013 Estimate Coromunty Deve.coment >• Engineering — r— ComDev /Engineering . .. _._.. .. . . CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move the approval of Ordinance No. 4, Series 2011, implementing Option . 2 ORDINANCE NO. 4 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND CERTAIN MUNICIPAL FEES RELATED TO DEVELOPMENT APPLICATIONS. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth certain user fees for Building Permit and Inspection Services, is hereby amended to read as described in Exhibit A. Section 2. That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth certain user fees for Land Use Applications for planning or historic preservation review, is hereby amended to read as described in Exhibit B. Section 3. That Section 26.104.071 of the Municipal Code of the City of Aspen, Colorado, which section did set forth certain fees for historic preservation review, is hereby amended to read as follows: Sec. 26.104.071 — Reserved. Section 4. That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section sets forth certain fees for zoning review and inspection services of a building permit application, is hereby amended to read as described in Exhibit C. A public hearing on the ordinance was held on the 28 day of February, 2011, the 14 day of March, and the 28 day of March, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14 day of February, 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk 1 Sec. 2.12.100 — BUILDING PERMIT FEES Exhibit A The Chief Building Official may establish policies for estimating permit valuation, including policies and procedures for accepting applicant- submitted project valuation, which may include post - project audit and fee reconciliation requirements. Notwithstanding the building permit fee schedule, City Council may authorize a reduction or waiver of building permit fees, engineering review fees, or construction mitigation fees as deemed appropriate. The Community Development Director shall waive building permit fees for General Fund Departments of the City of Aspen consistent with City policy. The Community Development Director may reduce building permit review fees by no more than 50% for projects with a fee significantly disproportionate to the service requirements. The City may not waive or reduce fees collected on behalf of a separate government agency. The City may not reduce or waive a tax. This fee structure applies to applications submitted on or after September 1, 2011. Permit Valuation Fee Schedule Permit Valuation Fee based on Valuation $0 - $5,000 $25.00 Flat fee $5,001 to $10,000 $50.00 Flat fee $10,001 to $100,000 $50 plus 3.5% of permit valuation over $10,000 $100,001 to $250,000 $3,200 plus 2.5% of permit valuation over $100,000 $250,001 to $500,000 $6,950 plus 2.0% of permit valuation over $250,000 $500,001 to $1,000,000 $11,950 plus 1.65% of permit valuation over $500,000 $1,000,001 to $2,500,000 $20,200 plus 1.25% of permit valuation over $1,000,000 $2,500,001 to $5,000,000 $38,950 plus 1.0% of permit valuation over $2,500,000 $63,950 plus .75% of permit valuation over $Above $5,000,000 $5,000,000 and 0.5% of permit valuation over $10,000,000 Hourly Building Permit Review Fee $250 per hour Fees Due Upon Permit Acceptance: Plan Check Fee Small Projects: For 2011, projects with valuation 65% of the Permit Valuation Fee. between $10,001 and $50,000 shall pay 25% of the Plan Check, Energy Code fee, and Building Permit Fee. Projects between $50,001 and $150,000 shall Energy Code Review Fee pay 50% of the Plan Check, Energy Code fee, and 15% of the Permit Valuation Fee. Building Permit Fee. Projects between $150,001 and $200,000 shall pay 75% of the Plan Check, Energy Code fee, and Building Permit Fee. Fire Plan Check 65% of the Permit Valuation Fee. This fee is based on the valuation of the sprinkler system only Fees Dues Upon Permit Issuance: Building Permit Fee 100% of the Permit Valuation Fee. Fire Sprinkler Permit Fee 100% of Permit Valuation Fee. This fee is based on the valuation of the sprinkler system only REMP Fees - as applicable See Residential Renewable Energy Mitigation Program or Commercial Renewable Energy Mitigation Program, as applicable. Use Tax Deposit - City of Aspen 2.1% of value of materials for projects over $100,000 [(Project Valuation - $100,000.00) X .5] X 2.1% Use Tax Deposit - Pitkin County 0.5% of value of materials (Project Valuation X .5) X .5% Geographic Information Systems Fee Only applies to permits changing the footprint of a building. Interior work is exempt. $250.00 Fees Dues Upon Certificate of Occupancy or Final Inspection Fee Reconciliation Payment and reconcilliation of all plans review, change order, inspection fees as applicable. Adjustments in project valuation are subject to department policy. Use Tax Adjustment - City of Aspen Final Use Tax calculation minus Original Use Tax calculation Adjustment and reconcilitation occurs 30 days after issuance of a CO. Use Tax Adjustment - Pitkin County Pursuant to Pitkin County Use Tax Policy Change Order Fees Applications for change orders shall cause a new project valuation. The change order fees shall be based on this revised permit valuation. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Not all change orders will require additional fees in each fee category. A change order fee applies each time a change order is submitted. A change order may propose multiple changes and applicants are encourage to "bundle" their change order requests to minimize fees. Change Order Fee - Plans Examination Minor Change Order - Projects with a valuation of $500,000 or less. Greater of 5% of revised Permit Valuation Fee or $250 Major Change Order - Projects with a valuation more than $500,000. Greater of 10% of revised Permit Valuation Fee or $500 Change Order Fee - Energy Code 10% of original Energy Code fee Change Order Fee - Fire Sprinkler Pursuant to Aspen Fire Protection District Policy Special Services Fees Expedited/Phased Permit Fee - applies to the issuance of an Excavation /Foundation only 35% of the Permit Valuation Fee. Fee is in addition to fees due upon issuance of a full building permit. Reinspection Fee - Applies to inspection required after a failed inspection $250.00 per reinspection After Hours Inspection Fee $250.00 per hour, a minimum of two hours for any one inspection. Special Inspection Fee - Applies when no permit is required or no fee is otherwise established $250.00 per hour, a minimum of one hour for any one inspection. Building Permit Extension Fee - for each extension $125.00 Projects with a valuation of $500,000 or less. $250.00 Projects with a valuation of more than $500,000. Certificate of Occupancy Fee No charge Conditional Certificate of Occupancy - Valid for a limited period $250.00 for first CCO issued $500.00 for second CCO issued $1,000.00 for third and subsequent CCO issued. Issuance is at the discretion of the Chief Building Official Enforcement Fees and Penalties No Certificate of Occupancy or Conditional CO shall be issued until all fees have been paid in full. Violations of this policy are subject to fines, penalties, or assessments as assigned by the Municipal Court Judge Stop Work Order or Correction Notice Fee - Assesment for non - permitted work: 1st Infraction Double Permit Valuation Fee 2nd Infraction Four times the Permit Valuation Fee 3rd Infraction Contractor License subject to suspension or revocation plus eight times the Permit Valuation Fee. Enforcement Penalties and Fees For violations of the adopted building codes other than a stop work order or correction notice, the Chief Building Official may issue a Municipal Court citation. Fees, fines, and penalties by citation for violations of the Building Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Penalties may include: revocation of Contractor License(s); prohibition of any work on the property for a period of time; recovery of costs to the public for any required remediation of the site; additional Building Permit Review Fees; fees to recover administrative costs required by City staff to address the violation; and, other fees, fines, and penalties or assesments as assigned by the Municipal Court Judge. Renewable Energy Mitigation Fees RREMP (Residential) Exterior Energy Use Calculations Snowmelt: $34.00 per square foot divided by boiler efficiency (AFUE) Exception: Areas critical to pedestrian ingress, egress, or life safety may be snow melted with the approval of the Chief Building Official. Outdoor Pool: $136.00 per square foot divided by boiler efficiency (AFUE) Spa: $176.00 per square foot divided by boiler efficiency (AFUE) Package, or portable self- contained, spas not more that 64 square feet are exempt Roof and gutter deicing systems: The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated above. On -Site Renewable Credits Photovoltaic Systems: $6,250 per 1 KiloWatt of the system (certain restrictions apply). Solar Hot Water: $125 per 1 square foot of the system design Ground Source Heat Pump: $1,400.00 per 10,000 BTU per hour of the system capacity (certain restrictions apply). CREMP (Commercial) Exterior Energy Use Calculations Snowmelt: $60.00 per square foot divided by boiler efficiency (AFUE) Exception: Areas critical to pedestrian ingress, egress, or life safety may be snow melted with the approval of the Chief Building Official. Outdoor Pool: $170.00 per square foot divided by boiler efficiency (AFUE) Spa: $176.00 per square foot divided by boiler efficiency (AFUE) Package spas not more that 64 square feet are exempt Roof and gutter deicing systems: The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated above. On -Site Renewable Credits Photovoltaic Systems: $6,250 per 1 KiloWatt of the system (certain restrictions apply). Solar Hot Water: $224.65 per 1 square foot of the system design (certain restrictions apply). Ground Source Heat Pump: $1,400.00 per 10,000 BTU per hour of the system capacity (certain restrictions apply). ELECTRICAL PERMIT FEES Section A: Residential Fees This fee, based on the enclosed living area only, includes construction of, or remodeling or addition to a: single family home, duplex, condominium, or townhouse If you are ONLY changing or providing a service and not wiring any portion of the above, see section B below for correct permit fee. LIVING AREA Not more than 1,000 s.f. $115.00 1,001 to 1,500 s.f $172.50 1,501 to 2,000 s.f $230.00 More than 2,000 s.f Base fee of $230.00 plus $11.50 per 100 s.f over 2,000 Example: The home is 2,235 s.f. The base fee for 2,000 s.f. (of the 2,235 s.f. total) is $230 $230.00 The remaining 235 s.f. is rounded up to 300 s.f. (3 x $11.50 = $34.50) $34.50 Total fee is: $264.50 Section B: All Other Fees Including some residential installations that are not based on square footage (not in a living area, i.e. garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the total cost to customer, including electrical materials, items and labor - whether provided by the contractor or the property owner. Use this chart for a service connection, a temporary meter, and all commercial installations. Such fees shall be computed as follows: (See 'C' below for the permit fees for mobile /modular home and travel trailer parks). Valuation of Installation: (based on cost to customer of labor, materials, and items): Not more than $2,000.00 $115.00 $2,001.00 and above $11.50 per thousand OR FRACTION thereof PLUS $115.00 Example: The cost of installation is $5,150 (round up to $6,000) The base fee is calculated as: 6 x $11.50 = $69 PLUS $115 Total fee is: $184.00 Section 0: Mobile Homes and Travel parks, per space $115.00 Section D: Reinspections $57.50 Section E: Extra Inspections $57.50 Section F: Temporary Heat Release $57.50 MECHANICAL PERMIT FEES Permit Issuance and Heaters 1 For the issuance of each mechanical permit $62.50 2 For issuing each supplemental permit for which the original has not expired, been $25.00 canceled or had a final inspection Unit Fee Schedule (Note: the following does not include permit issuing fee) 1 Furnaces For the installation or relocation of each forced -air or gravity -type furnace or burner, $62.50 including ducts and vents attached to each appliance up to and including 100,000 Btu /h (29.3 kW) For the installation or relocation of each forced -air or gravity -type furnace or burner, $62.50 including ducts and vents attached to such appliance over 100,000 Btu/ h (29.3 kW) For the installation or relocation of floor furnace, including vent $62.50 For the installation or relocation of each suspended heater, recessed well heater or $62.50 floor- mounted unit heater 2 Appliance Vents $31.25 For the installation, relocation or replacement of each appliance vent installed and not included with unit heater 3 Repairs and Additions $31.25 For the repair of, or addition of each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical code 4 Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 $62.50 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu /h (29.3 kW) For the installation or relocation of each boiler or compressor over 3 horsepower $125.00 (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu /h (29.3 kW) to and including 500,000 Btu /h (293.1 kW) For the installation or relocation of each boiler or compressor over 15 horsepower $166.67 (52.7 kW) to and including 30 horsepower (105.5 kW) Or each absorption system over 500,000 Btu /h (146.6 kW) to and Including 1,000,000 Btu /h (293.1 kW) For installation or relocation of each boiler or compressor over 30 horsepower $250.00 (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu /h (293.1 kW) to and including 1,750,000 Btu /h (512.9 kW) For the installation or relocation of each boiler or compressor over 50 horsepower $312.50 (176 kW) or each absorption system over 1,750,000 Btu /h (512.9 kW) 5 Air Handlers For each air - handling unit to and including 10,000 cubic feet per minute (cfm) (4719 $31.25 Us), including ducts attached thereto Note: This fee does not apply to an air - handling unit which is a portion of a factory- assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in the Mechanical Code. For each air - handling unit over 10,000 cfm (4719 L /s) $62.50 6 Evaporative Coolers For each evaporative cooler other than portable type $31.25 7 Ventilation and Exhaust For each ventilation fan connected to a single duct $25.00 For each ventilation system which is a portion of any heating or air cooling system $31.25 authorized by a permit For the installation of each hood which is served by the mechanical exhaust, $31.25 including the ducts for such hood 8 Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but is $31.25 not classed in the other appliance categories, or for which no other fee is listed in the table. Other Fees - Mechanical Reinspection Fee - Applies to inspection required after a failed inspection $250.00 per reinspection After Hours Inspection Fee $250.00 per hour, a minimum of two hours for any one inspection. Special Inspection Fee - Applies when no fee is otherwise established $250.00 per hour, a minimum of one hour for any one inspection. Change Orders - Mechanical $250.00 per hour for any additional plan review required by changes, additions or revisions to previously submitted plans. Minimum of one hour. PLUMBING PERMIT FEES Permit Issuance 1 For the issuance of each plumbing permit $62.50 2 For issuing each supplemental permit for which the original has not expired, been $25.00 cancelled or finaled Unit Fee Schedule (does not include permit - issuing fee) 1 Fixtures and Vents For Each plumbing fixture or trap or set of fixtures on one trap (including water, $25.00 drainage piping and backflow protection thereof) For repair or alteration of drainage or vent piping, each fixture $12.50 2 Sewers, Disposal Systems and Interceptors For each building sewer and each trailer park sewer $250.00 For each cesspool $500.00 For each private sewage disposal system $1,000.00 For each industrial waste pretreatment interceptor, including its trap and vent, $62.50 excepting kitchen -type grease interceptors functioning as traps Rainwater systems, per drain (inside buildings) $31.25 3 Water Piping and Water Heaters For installation, alteration, or repair of water piping or water treating equipment, or $25.00 both. Fee for each. For each water heater including vent $31.25 4 Gas Piping Systems For each gas piping system of one to five outlets $12.50 For each additional outlet over five, each $6.25 5 Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices For each lawn sprinkler system on any one meter, including Back -flow protection $25.00 devices thereof. For atmospheric -type vacuum breakers or backflow protection devices not included in Item 1: 1 to 5 devices $25.00 Over 5 devices, each $6.25 For each backflow- protection device other than atmospheric -type vacuum breakers: 2 inches (50.88 mm) and smaller $31.25 Over 2 inches (50.88 mm) $50.00 6 Swimming Pools For each swimming pool or spa: Public pool $1,500.00 Public spa $750.00 Private pool $500.00 Private spa $250.00 7 Miscellaneous For each appliance or piece of equipment regulated by the Plumbing Code but not $31.25 classed in the other appliance categories, or for which no other fee is listed in this code Other Fees - Plumbing Reinspection Fee - Applies to inspection required after a failed inspection $250.00 per reinspection After Hours Inspection Fee $250.00 per hour, a minimum of two hours for any one inspection. Special Inspection Fee - Applies when no fee is otherwise established $250.00 per hour, a minimum of one hour for any one inspection. Change Orders - Plumbing $250.00 per hour for any additional plan review required by changes, additions or revisions to previously submitted plans. Minimum of one hour. Sec. 26.104.070 - PLANNING & HISTORIC PRESERVATION REVIEW FEES Exhibit B Hourly Review Fee $315 per hour No Charge Planning and Historic Preservation Services Applies to: $0 Pre - Application / Pre - Permit meetings Call -in, walk -in development questions GMQS - SF or Dx on Historic Landmark Historic Designation Hist. Pres. - Exempt Development Hist. Pres. - Minor Amendment, HPO Review Hist. Pres. - Minor Amendment, Monitor Review Development Order Publication Fee Note: Applicant meetings with the Zoning Officer or a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, city regulations, etc. An applicant shall be billed for any pre - application or pre - permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning /Zoning hourly billing rate. The applicant will be notified prior to any billing for pre - application or pre - permit service. Planning Review - Administrative, Flat Fees Applies to: Flat Fee 1 $79 GMQS - Temporary Food Vending Code Interpretation, formal issuance Historic Pres. - Cert of No Negative Effect Flat Fee 2 $158 Temporary Use, admin. Flat Fee 3 $315 GMQS - SF or Dx replacement - cash -in -lieu GMQS - SF or Dx replacement - ADU, admin. GMQS - Change -in -use for Historic landmark GMQS - Minor Enlargement for Historic landmark GMQS - Alley Store GMQS - Exemption from MF Housing Replacement Flat Fee 4 $630 Residential Design Variance, admin. GMQS - Minor Enlargement, non - historic Planning Review - Administrative, Hourly Fee Deposit Hours Deposit Applies to: 2 $630 Review of Condominium plats or amendments. Review time for City Attorney and other referral departments also applies and is billed at same hourly rate. Review time for City Engineer is billed at the rate stated below. Deposit Hours Deposit Applies to: 3 $945 Recordation Documents Review - review of subdivision plats, subdivision exemption plats (except condo), PUD plans, development agreements, subdivision agreements, PUD or SPA agreements, or amendments to recorded documents. Review time for City Attorney and other referral departments also applies and is billed at same rate. Review time for City Engineer is billed at the rate stated below. Deposit Hours Deposit Applies to: 4 51,260 Admin. Cond. Use or Special Review Admin. ESA or ESA exemption Admin. Subdivision - Lot Line Adjustment Admin. PUD or SPA Amendments Admin. Commercial Design Review Amendment Exempt Timesharing Plus hourly rate $315 per hour for staff review time in excess of deposit hours. If case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - Admin. reviews, as applicable $265 City Engineering, per hour. Billed with planning case $630 Aspen /Pitkin County Housing Authority, flat fee $630 City Parks Department, flat fee $630 City Environmental Health Department, flat fee Planning Review - One -Step, Hourly Fee Deposit Hours Deposit Applies to: 4 $1,260 Historic Pres. - Minor Development Historic Pres. - Major Development up to 1,000 s.f. Temporary Use, City Council Vested Rights Extension, City Council Appeals of Administrative or Board Decisions Deposit Hours Deposit Applies to: 6 $1,890 Historic Pres. - Major Development over 1,000 s.f. Historic Pres. - Demolitions and Off -Site Relocations Historic Pres. - Substantial Amendment Board of Adjustment variance Deposit Hours Deposit Applies to: 10 $3,150 Growth Management - Minor P &Z (incl. AH certificate) Conditional Use Special Review (incl. ADU @ P &Z) Environmentally Sensitive Area Review Residential Design Variance - P &Z Minor Subdivision - Lot Split, Historic Lot Split Deposit Hours Deposit Applies to: 14 $4,410 PUD Amendment - P &Z only SPA Amendment - P &Z only Commercial Design Review, Conceptual or Final Growth Management - Major P &Z, or City Council Subdivision "other" review - City Council only Plus hourly rate $315 per hour for staff review time in excess of deposit hours. If case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - one -step reviews, as applicable $265 City Engineering, per hour. Billed with planning case $945 Aspen /Pitkin County Housing Authority, flat fee $945 City Parks Department, flat fee $945 City Environmental Health Department, flat fee Planning Review - Two -Step, Hourly Fee Deposit Hours Deposit Applies to: 24 $7,560 Subdivision Land Use Code Amendment Rezoning or Initial Zoning (Annexations) Plus hourly rate $315 per hour for staff review time in excess of deposit hours. If case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - two -step reviews, as applicable $265 City Engineering, per hour. Billed with planning case $1,260 Aspen /Pitkin County Housing Authority, flat fee $1,260 City Parks Department, flat fee $1,260 City Environmental Health Department, flat fee • Planning Review - PUD and SPA, Hourly Fee Deposit Hours Deposit Applies to: PUD and SPA projects 32 $10,080 Planned Unit Development or PUD Substantial Amend. Specially Planned Area or SPA Substantial Amend. per hour for staff review time in excess of deposit hours. If Plus hourly rate $315 case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - PUD & SPA reviews, as applicable $265 City Engineering, per hour. Billed with planning case $1,575 Aspen /Pitkin County Housing Authority, flat fee $1,575 City Parks Department, flat fee $1,575 City Environmental Health Department, flat fee Planning Review - COWOP Review or Joint Applicant Applications for the City's COWOP process - Convenience or Welfare of the Public - shall be assessed land use review fees and /or a portion of joint planning costs as determined appropriate by City Council. If no such determination is made, the application shall be billed as a PUD. Special Services - Planning. Applies when no fee is otherwise established $315 per hour, a minimum of one hour for any one special project. Planning Review Deposit and Billing Administration The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with the additional costs incurred by the city when the processing of an application by the Community Development Department takes more time than is covered by the deposit. In the event the processing of an application by the Community Development Department takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee. The Community Development Director shall establish appropriate guidelines for the regular issuance of invoices and collection of amounts due. The Community Development Director shall establish appropriate guidelines for the collection of past due invoices, as required, which may include any of the following: 1) Assessment of additional late fees for accounts at least 90 days past due in an amount not to exceed 1.75% per month. 2) Cessation of application processing. 3) Review of past -due accounts with City Council. 4) Withholding the issuance of a Development Order. 5) Withholding the recordation of development documents. 6) Prohibition of the acceptance of building permits for the subject property. 7) Cessation of building permit processing. 8) Revocation of an issued building permit. 9) Other penalties, assessments, fines, or actions as may be assigned by the Municipal Court Judge. Flat fees for the processing of applications shall be cumulative. Applications for more than one land use review requiring an hourly deposit on planning time shall require submission of the larger deposit amount. The Community Development Director shall bill applicants for any incidental costs of reviewing an application at direct costs, with no administrative or processing charge. Land use review fee deposits may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination shall be made during the pre - application conference by the case planner. Hourly billing shall still apply. Review fees for projects requiring conceptual review, final review, and recordation of approval documents. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of recordation documents. Notwithstanding the planning review fee schedule, the Community Development Director shall waive planning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. This fee structure applies to applications submitted on or after September 1, 2011. Sec. 26.104.072 — ZONING REVIEW FEES Exhibit C General and Applicability Zoning review fees shall apply to all development requiring a building permit and all development not requiring a building permit but which requires review by the Community Development Department. The fee covers the Zoning Officer's review of a permit including any correspondence with the caseload planner, Historic Preservation Officer, the Deputy Director, the Director, or other city staff. A permit, amendment to a permit, or change order which requires a Floor Area, Height, net leasable, or net livable measurement by the Zoning Officer shall be considered a Major permit. All other permits are considered Minor permits. For the purposes of zoning fees, the square footage used to calculate the fee shall be the greater of the gross square footage affected by the permit or the gross square footage which must be measured to review the permit. All change orders and amendments to a permit require additional fees. A change order or amendment to an un- issued permit shall require payment of both fees (initial and change order). Official confirmation of existing conditions of a property which requires measurement of Floor Area, Height, net leasable area, or net livable area of a structure, prior to demolition or for other purposes, shall be considered a Major permit. For projects with multiple uses, the zoning review fee for each individual use shall be calculated based on the gross square footage of the use and added to determine the total project fee. Zoning review fees for major permits for properties within a Planned Unit Development shall be 125% of the fee schedule. This additional charge does not apply to demolition permits. Zoning referral fees - for official zoning comments on a planning application - shall be according to the fees policy for planning review. Notwithstanding the zoning review fee schedule, the Community Development Director shall waive zoning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or waiver of zoning review fees as deemed appropriate. This fee structure applies to applications submitted on or after September 1, 2011. 50% of Zoning Review Deposit Required For any Zoning fee of $500 or more, 50% of the fee is due at permit submittal. This deposit is non - refundable. The applicant shall pay the remaining 50% at permit issuance, which shall include any reconciliation of fees due. Special Services - Zoning Review Hourly Zoning Review Fee $315 per hour Pre - Permit or Pre - Application Meetings Applicant meetings with the Zoning Officer or a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, city regulations, etc. An applicant shall be billed for any pre - application or pre - permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning /Zoning hourly billing rate. The applicant will be notified prior to any billing for pre - application or pre - permit service. Zone District Confirmation Letter $315 Formal issuance of a letter confirming parcel's zoning only. Does not confirm legality of existing improvements or uses. Existing Conditions Confirmation Service subject to authorization by Community Development Director and may not be available. Fee based on a Major permit review for the type of land use. Does not confirm legality of existing improvements or uses. Requires submission of dimensioned drawings. Expedited Zoning Review Double Applicable Fee. Prioritizes project's zoning review over all other projects. Service subject to authorization by Community Development Director considering department workload, staffing, and effects on other projects. Change Order Fees - Zoning Review Applications for change orders shall require an additional Zoning Review Fee. A change order which does not require a new measurement of floor area, height, net leasable, or net livable shall be considered a Minor change order and assessed the minor fee. A change order which requires a new measurement of floor area, height, net leasable area, or net livable area shall be assessed the Major zoning fee. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Certificate of Occupancy or Final Inspection Fee - Zoning No charge Conditional Certificate of Occupancy - Zoning $315 for first CCO issued $630 for second CCO issued $945 for third or subsequent CCO issued. Business License Approval - Zoning No charge. Other fees may be required. Apply to City Finance. Special Review or Inspection Fee - Zoning. Applies when no fee is otherwise established $315 per hour, a minimum of one hour for any one review or inspection. Demolition Zoning Review Fees Minor Zoning Fee - Does not require measurement or confirmation of existing conditions. Square footage of Project Fee Up to 500 sq. ft. $63 501 to 2,500 sq. ft. $158 2,501 to 5,000 sq. ft. $236 Above 5,000 sq. ft. $315 Major Zoning Fee - If demolition requires measurement of the structure or confirmation of existing conditions, the fee will be the major fee according to the land use. Exterior Repair Zoning Review Fees Applies to Residential, Commercial, Lodging, Arts /Cultural /Civic /Institutional exterior repair work requiring a building permit or review by the Historic Preservation Officer. Does not apply to interior work. Does not apply to alteration. Fee is based on wall area or roof area being repaired. Does not apply to signs or awnings. Square footage of Repair Fee Up to 500 sq. ft. $32 501 to 1,000 sq. ft. $63 1,001 to 2,500 sq. ft. $158 Above 2,500 sq. ft. $315 Residential Zoning Review Fees Applies to single - family, duplex, accessory dwelling units, carriage houses, multi - family and residential units in a mixed -use building Minor Zoning Fee - Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 500 sq. ft. $315 501 to 2,500 sq. ft. $630 2,501 to 5,000 sq. ft. $945 Above 5,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 500 sq. ft. $315 + $.50 per sq. ft. of project 501 to 2,500 sq. ft. $630 + $.75 per sq. ft. of project 2,501 to 5,000 sq. ft. $945 + $.90 per sq. ft. of project Above 5,000 sq. ft. $1,260 + $1.00 per sq. ft. of project Major Residential permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major residential projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Commercial Zoning Review Fees Applies to commercial projects and commercial portions of a mixed -use project. Minor Zoning Fee - Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 500 sq. ft. $315 501 to 2,500 sq. ft. $630 2,501 to 5,000 sq. ft. $945 Above 5,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 500 sq. ft. $315 + $.50 per sq. ft. of project 501 to 2,500 sq. ft. $630 + $.75 per sq. ft. of project 2,501 to 5,000 sq. ft. $945 + $.90 per sq. ft. of project Above 5,000 sq. ft. $1,260 + $1.00 per sq. ft. of project Major Commercial permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major commercial projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Lodging Zoning Review Fees Applies to lodging projects and lodging portions of a mixed -use project. All fractional interest, timeshare, and exempt timeshare projects are considered Lodging for the purposes of this review fee. Minor Zoning Fee- Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 1,000 sq. ft. $315 1,001 to 5,000 sq. ft. $630 5,001 to 10,000 sq. ft. $945 Above 10,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 1,000 sq. ft. $315 + $.35 per sq. ft. of project 1,001 to 5,000 sq. ft. $630 + $.40 per sq. ft. of project 5,001 to 10,000 sq. ft. $945 + $.45 per sq. ft. of project Above 10,000 sq. ft. $1,260 + $.50 per sq. ft. of project Major Lodging permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major lodging projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Arts /Cultural /Civic /Institutional Zoning Review Fees Applies to Arts, Cultural, Civic and Institutional uses or portions of a mixed -use project with these uses. Minor Zoning Fee - Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 1,000 sq. ft. $315 1,001 to 5,000 sq. ft. $630 5,001 to 10,000 sq. ft. $945 Above 10,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 1,000 sq. ft. $315 + $.35 per sq. ft. of project 1,001 to 5,000 sq. ft. $630 + $.40 per sq. ft. of project 5,001 to 10,000 sq. ft. $945 + 145 per sq. ft. of project Above 10,000 sq. ft. $1,260 + $.50 per sq. ft. of project Major Arts /Cultural /Civic /Institutional permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major arts /cultural projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Signs and Awnings - Zoning Review Fees Individual Sign Permit Fee $63 per sign Multiple Sign Permit Fee $158 per business, unlimited number of signs Permanent Sandwich Board Sign $63 per sign * Must be in an approved sandwich board location Temporary Sandwich Board Sign $32 per one -week permit $158 for 8 one -week permits Awning Permit Fee $63 per awning * Includes signage Multiple Awning Permit Fee $158 per business review fee. Banner Installation Fee $63 Single banner * Banner fees collected $158 Double banner by the City Manager's Office Fence - Zoning Review Fee Single - Family and Duplex Residential $63 All other uses $158 Bear - Proof Trash Container - Combined Zoning & Building Review Fee Single - Family and Duplex Residential $63 All other uses $158 Enforcement Fees, Fines, and Penalties No Certificate of Occupancy or Conditional CO shall be issued until all fees have been paid in full. Failure to pay applicable fees is subject to fines, penalties, or assessments as assigned by the Municipal Court Judge. Non - Permitted Work Fee: Work done without a zoning approval (when one is required), without a building permit (when one is required), or work done counter to an issued zoning approval is subject to this enforcement fee. Non - permitted work fee is per infraction and per project. Additional hourly fees may be applicable to account for staff time. No other action on the project may occur until non - permitted work issue has been rectified to the satisfaction of the Community Development Director. Any correction requiring a building permit or zoning application shall also be subject to the Correction Order Fees described below. First infraction $315 plus, hourly fee for any staff time in excess of one hour. Second Infraction $630 plus, hourly fee for any staff time in excess of one hour. Third Infraction $945 plus, hourly fee for any staff time in excess of one hour. Correction Order Fee: This fee shall apply to any work required to correct a zoning violation or to permit work that has been accomplished without a permit or not covered by an issued permit. Infractions are per project. First infraction Double Zoning Review Fee, minimum of $500 Second Infraction Four times the Zoning Review Fee, minimum of $500 Third Infraction Eight times the Zoning Review Fee, minimum of $500. Subject to additional penalties by citation as assigned by the Municipal Judge. For any correction requiring a planning review, the planning review fees shall be increased according to the above schedule. Municipal Court Enforcement - Zoning Fees, fines, and penalties by citation for violations of the Land Use Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Zoning Enforcement Fee may include an assessment for administrative time required by the Zoning Officer to address the violation. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director DATE: March 28, 2011 RE: Community Development Fees — Continued from 3.14.11 2 " Reading of Ordinance No. 4, Series of 2011 SUMMARY: Community Development is proposing changes to the fees charged to applicants for planning and building services. City Council reviewed the proposal on February 28 and March 14` Council directed staff to pursue a few amendments. Delayed effective date. City Council suggested the implementation of new ComDev fees be delayed. Staff is proposing September 1 for an effective date. (Engineering fees may be effective earlier.) Logistics of incentive program for "model" applications. ComDev is pursuing several changes to the overall permitting system. One change is expected to bring welcomed time savings to the Zoning Officer's review of building permits. Staff has been working with a few architects to develop a standard zoning submittal. The architects that have been involved have been very open and adaptable. Staff expects applications submitted in this new format will take less time to review. Staff recommends a 10% discount of the zoning review fee for projects submitted in this standard. Implementation will be relatively simple. Staff will do some outreach and possibly an open house or small group sessions to review the submission format. The submission format will be on the department's web site. Applicants will not be required to attend an open house or review session. Projects submitted in this format will be given a 10% discount on the zoning fees. The fee reduction is effective upon permit issuance. Reduced permit fees for "small" projects. Previous iterations of this proposal provided low flat fees for projects of $10,000 and less — that continues in tonight's proposal, lowering fees for these small projects (representing around half of the permits issued). Based on Council direction, staff is proposing a fee structure that provides a subsidy for projects of less than $200,000. Projects up to $50,000 will be assessed 25% of the service cost. Projects of $50,000 to $150,000 will be assessed 50% of the service costs. Projects of $150,000 to $200,000 will be assessed 75% of the actual costs. With this proposal in place, the overall subsidy of development services is about * *% or $ ** *,000 per year. 1 An alternate scenario provides additional reductions. Projects up to $100,000 will be assessed 25% of the service cost. Projects of $100,000 to $200,000 will be assessed 50% of the service costs. This proposal represents an overall subsidy of % or about $ per year. Both scenarios focus the subsidy is on small projects. On the residential side, this encourages small to moderate remodels — improvements that are typically for necessity or convenience of the owner. On the commercial side, this helps businesses refresh their image and stay current with trends. Staff is comfortable with either option. The level of subsidy is manageable and focused on solid principles. Option A — low flat fees for projects up to $10,000. $10,001 - $50,000 -- 25% of fee $50,001 - $150,000 -- 50% of fee $150,001- $200,000 -- 75% of fee Projects above $200,000 pay full fees. Subsidy = % or $ Option B — low flat fees for projects up to $10,000. $10,001 - $100,000 -- 25% of fee $100,001 - $200,000 -- 50% of fee Projects above $200,000 pay full fees. Subsidy = % or $ CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move the approval of Ordinance No. 4, Series 2011, implementing Option ." 2