HomeMy WebLinkAboutagenda.council.regular.20111128 CITY COUNCIL AGENDA
November 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 #78, 2011 — New Year's Eve Fireworks Contract
b) Resolution #79, 2011 - 2012 EOTC Transit & Sales Use Tax Budget
c) Resolution #80, 2011 — Extending Construction Deadline Si Johnson Ditch
Vehicular Access
d) Minutes — November 14, 2011
VII. First Reading of Ordinances
a) Ordinance #37, 2011 — Adoption of International Fire Code P.H. 12/12
VIII. Public Hearings
a) Ordinance #32, 2011 — 2011 Supplemental Budget Appropriation
b) Ordinance #33, 2011 — 2012 Fees
c) Resolution #77, 2011 — 2012 Mil Levy
d) Ordinance #35, 2011 — Water Rate Adjustment
e) Ordinance #36, 2011 - Amending Electric Large Commercial Rates
f) Ordinance #19, 2011 - Aspen Walk (404 Park Avenue) Final Subdivision /PUD
continue to 1/23
g) Ordinance #30, 2011 - Castle Creek Energy Center Subdivision, PUD rezoning
continue to 12/12
IX. Action Items
X. Adjournment
Next Regular Meeting December 12, 2011
COUNCIL'S ADOPTED GUIDELINES
• Stick to top priorities
• Involve others in community problem solving
• Be thorough, deliberate and accountable for consequences when making decisions
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
VI&
TO: Mayor and City Council
FROM: Nancy Lesley, Director of Special Events and Marketing
THRU: Jeff Woods, Manager, Parks and Recreation
Richard Pryor, Aspen Police Chief
DATE OF MEMO: November 14, 2011
MEETING DATE: November 28, 2011
RE: New Year's Eve - Fireworks
REQUEST OF COUNCIL: Staff is requesting Council approve the Americana Fireworks
Display Company contract at $34,500 to provide the on mountain fireworks during New
Year's Eve.
PREVIOUS COUNCIL ACTION: Council has previously approved funding for the
fireworks.
BACKGROUND: Since 2006 the City's Special Events Department has worked closely with
the Aspen Police Department and the Parks Department to create a safe and fun New Year's
Eve for the community and guests during this holiday. A major factor of any New Year's Eve
is fireworks. For our celebration fireworks are "shot" off twice in the night. The "family
friendly" version which is approximately 20 minutes long happens at 8:30pm and the
"traditional" version at midnight for approximately 5 minutes. Staff first split the fireworks
into two shows in 2007 and received positive comments from the community and businesses.
By splitting the fireworks, this enables many families to bring the kids and come out and
watch the show. Staff received feedback that this had helped the early seating with some
restaurants and RFTA showed an increase in ridership early and on outbound busses
immediately following the show. Staff would like to continue this tradition.
DISCUSSION: The heart of any New Year's Eve celebration is the fireworks show.
Americana Fireworks Display Company has been the fireworks supplier and facilitator since
2007. They are also the fireworks company that Aspen Skiing Company uses and the Aspen
Chamber Resort Association uses. Because of these relationships, most importantly the Aspen
Skiing Company, Americana Fireworks is able to be more efficient with their set up and tear
down, which translates to a cost savings. Americana also has a very strong working
Page 1 of 2
relationship with the Aspen Fire Department utilizing the knowledge of local fire fighter Ken
Josling, who is the liaison during the New Year's Eve fireworks shows,
FINANCIAL /BUDGET IMPACTS: This expenditure is currently within the New Year's
Eve budget allotment.
'ENVIRONMENTAL IMPACTS: While bringing more people to town at an already -busy
time when PM -10 levels can be moderately high could be a concern, this event is not intended
to, nor is it likely to, bring more people to town. Because town is so full and parking is
limited, people already tend to use the bus on New Year's Eve to a much greater extent than
usual.
RECOMMENDED ACTION: Staff would like Council to approve this contract.
ALTERNATIVES: If Council disagrees with the direction above, staff will cancel the
fireworks.
CITY MANAGER COMMENTS:
Page 2 of 2 - -
RESOLUTION # O
(Series of 2011)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND AMERICANA FIREWORKS DISPLAY
COMPANY SETTING FORTH THE TERMS AND CONDITIONS
REGARDING FIREWORKS DISPLAY ON NEW YEAR'S EVE IN ASPEN,
COLORADO AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and Americana Fireworks Display
Company, a copy of which agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement
between the City of Aspen, Colorado, and Americana Fireworks Display
Company regarding fireworks display on New Year's Eve in Aspen, Colorado
for the city of Aspen, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, November 28, 2011.
Kathryn S. Koch, City Clerk
AMERICANA FIREWORKS DISPLAY COMPANY
P.O. BOX 700
SANDSTONE, MN 55072 -0700
CONTRACT
ASPEN NEW YEARS EVE FIREWORKS DISPLAY
DATE: DECEMBER 31, 2011 TIME: 8:30 P.M. AND MIDNIGHT
SITE: ASPEN MOUNTAIN, ASPEN, CO
INSURANCE: $5,000,000.00 CERTIFICATE OF INSURANCE TO BE SUPPLIED BY
AMERICANA COVERING PUBLIC LIABILITY AND PROPERTY DAMAGE.
PERMIT: FIREWORKS PERMIT TO BE SECURED BY SPONSOR
THROUGH YOUR LOCAL FIRE DEPARTMENT OR CITY HALL.
WEATHER: IN THE EVENT OF CANCELLATION DUE TO WEATHER, THE DISPLAY WILL
BE HELD ON THE FOLLOWING DAY UNLESS ANOTHER DATE IS
PREVIOUSLY AGREED TO (10% RESCHEDULING FEE WILL BE APPLIED)
CONTRACT NON CANCELABLE IN THE EVENT ANOTHER DATE IS NOT
DESIRED, 50% OF CONTRACT WILL BE PAID TO AMERICANA.
COST OF SHOW: $34,500.00 (THIRTY FOUR THOUSAND FIVE HUNDRED DOLLARS)
$ 8,500.00 (EIGHT FIVE HUNDRED) MIDNIGHT (5 MINUTE DURATION)
$26,000.00 (TWENTY SIX THOUSAND) 8:30 (15 MIN. DURATION)
ADDITIONAL COSTS: ACCOMMODATIONS FOR 6 PEOPLE FOR 4 NIGHTS DEC. 29 - JAN 1
SNOW CATS TO BE PAID BY SPONSOR.
DOWN PAYMENT: 50% DOWN PAYMENT DUE AT TIME OF CONTRACT
TERMS: BALANCE OF PAYMENT TO BE MADE TO THE DIRECTOR OF THE SHOW AT
CLOSE OF DISPLAY. LATE PAYMENT SUBJECT TO 1 -1/2% FINANCE CHARGE
PER MONTH OR PORTION THEREOF.
ACCEPTED BY RESPECTFULLY SUBMITTED,
CITY OF ASPEN AME t NA FI ORKS DISPLAY CO
9
DATE: . _ ft •r • TE: 9 / - //
SIGNATURE L ONARD BONANDER
PRINT NAME
IN THE EVENT THERE ARE ANY ADDITIONAL INSURED, PLEASE LIST BELOW (NAME, CITY, STATE)
ALL COSTS AND RESPONSIBILITY FOR FIRE SECURITY INSPECTION (ON SITE), PERMIT FEES,
SECURITY, AND PARK CLEAN UP IS NOT THE RESPONSIBILITY OF AMERICANA FIREWORKS
DISPLAY COMPANY. RETURN ONE SIGNED CONTRACT TO ABOVE ADDRESS.
v i',
MEMORANDUM
TO: Mayor and City Council
THRU: Randy Ready, Assistant City Manager
FROM: John D. Krueger, Director of Transportation
DATE OF MEMO: November 15, 2011
MEETING DATE: November 28, 2011
RE: EOTC 2012 1/2% Transit Sales and Use Tax Budget
REQUEST OF COUNCIL: Attached for your review and approval is a resolution and budget
which, if approved, would authorize the initial 2012 budget for the EOTC 1/2 cent transit sales and
use tax.
This resolution and the corresponding budget reflect decisions made by the Elected Officials
Transportation Committee ( "EOTC ") at its October 20, 2011 meeting.
EOTC Budget Summary -- See the attached Proposed 2012 Budget and Multi year Plan for details.
Total 2012 Revenues $4,723,660
Total 2012 Expenditures 3,839,590
Annual Surplus (Deficit) $ 884,070
Cumulative Surplus (Deficit) $11,044,505 .
Surplus designated for Entrance -to -Aspen $4,614,340
PREVIOUS COUNCIL ACTION:
City Council as a member of the EOTC approves the EOTC annual budget each year and any
additional funding requests as they are presented. City Council as a member of the EOTC approved
the 2012 budget at the October 20 EOTC meeting.
•
BACKGROUND:
The City of Aspen as a member of the EOTC is required to approve the budget by resolution. Each
other member of the EOTC is also required to approve the budget by resolution or ordinance before
the budget can be considered adopted.
DISCUSSION:
The mission of the EOTC is to "work collectively to reduce and/or manage the volume of vehicles
on the road system and develop a comprehensive, long -range strategy that will insure a convenient
and efficient transportation system for the Roaring Fork Valley." The 2012 budget provides for a
use of the funds in a manner consistent with the EOTC mission.
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FINANCIALBUDGET IMPLICATIONS:
There are no financial implications to the City as these are EOTC funds and not City funds.
ENVIRONMENTAL IMPACTS:
By encouraging mass transit and working to manage or reduce the number of vehicles on the road
system, the EOTC is having positive impacts on the environment.
RECCOMENDED ACTION:
Staff recommends that Council approve the attached resolution to approve the EOTC budget.
ALTERNATIVES:
Council can decide not to approve the 2012 EOTC budget and send it back to the EOTC for further
discussion and approval.
PROPOSED MOTION:
•
"I move to approve Resolution # WI to approve the 2012 EOTC Budget."
CITY M t GER COMMENTS:
ik. 'o / -noeD
ATTACHMENTS: EOTC Proposed 2012 Budget and Multi -Year Plan
•
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RESOLUTION NO.
SERIES OF 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE INITIAL 2012 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT
SALES AND USE TAX
WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners
and the Town Council of Snowmass Village (the 'Parties ") have previously identified general
elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for
funding from the Pitkin County one -half cent transit sales and use tax; and
WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed:
a. to conduct regular public meetings as the Elected Officials Transit
Committee ("EOTC") to continue to refine and agree upon proposed projects and
transportation elements consistent with or complimentary to the Plan; and
b. that all expenditures and projects to be funded from the County -wide one-
half cent transit sales and use tax shall be agreed upon by the Parties and evidenced
by a resolution adopted by the governing body of each party; and
WHEREAS, at the EOTC meeting held on October 20, 2011, the Parties considered and
approved the attached initial 2012 budget for the Pitkin County one -half cent transit sales and use
tax; and
WHEREAS, the City of Aspen wishes to ratify the approvals given at the EOTC meeting by
adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the attached initial 2012 budget for the one -half cent transit sales and use tax is
hereby approved as summarized below:
Total 2012 Revenues $4,723,660
Total 2012 Expenditures $3,839,590
RESOLVED, APPROVED, AND ADOPTED this 28th day of November, 2012, by the
City Council for the City of Aspen, Colorado.
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 November 28, 2011.
Kathryn S. Koch, City Clerk
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Proposed 2012 Budget and Multi -year Plan
EOTC Transit Project Funding Actual Revised Proposed
Estimate Budget Plan Plan Plan Plan
2010 2011 2012 2013 2014 2016 2016
FUNDING SOURCES:
a) Pitkin County 1/2% sales tax 3580,664 3,724,000 3,798,000 3,893,000 4,010,000 4,150,000 4,295,000
b) Pitkin County 1/2% use tax 815,178 820,000 850,000 810,000 800,000 840,000 882,000
c) Investment income & miss. 112,981 86,000 76,660 99,000 275,000 442,000 305,000
d) Brush Creek Lot rentals 12,550 4,000
Total Fundin.
FUNDING USES:
_ R £ ya h
c fis' x w a ttr - -*t9+•
r�1t Ynw r4;x, m:y� e a w v t
i ryg
•F: ° ?nW .1� 1 � 8(017,: � >, . "n'i , ° a ,• ,,,y3' t r ^a'
7) Snowmass Village transit improvements ($6.5 million total) 6,430,165
8) Buttermilk to Roundabout bus lanes, construction 475,922 canyover from 2009
9) No-fare Aspen - Snowmass -Woody Creek bus service (10/1/094(7/13) 551,071 553,838 563,838 275,881
10 SH82 & AABC• - destnan crossin• desi•n & en•ineenn 250,000
;. T a .
eN
EOTC CUMULATIVE SURPLUS/ • FICA FUND BALANCE 9,545,256 10,160,435 11,041,606 12,203,490 13,819,021 9,230,058 10,995,500
Revenue protections
a) sales tax - estimate 6.2% 4.0% 2.0% 2.5% 3.0% 3.5% 3.5%
b) use tax - estimate 18.0% 0.6% 3.7% -47% -1.2% 5.0% 5. 0%
c) investment earnings rate 1.12% 090% 0.75% 0.90% 2.25% 3 20% 3.30%
Calculation of amount allocated to Entrance - to - Aspen
Pitkin County 1/2% sales tax 3,580,664 3,724,000 3,798,000 3,893,000 4,010,000 4,150,000 4,295,000
Pitkin County 1/2% use tax 815,178 820,000 860,000 810,000 800,000 840,000 882,000
td 'rill c w 1111 r u ] } a -,
e a 1dw e - r -vr
, .,... -.: r . a v .c sY. - STS: -�. a . , e. . jit te. „�•a. cP. . - ks .J
Net revenue to be allocated 1,206,035 1,329,018 1,362,248 1,335,866 1,340,531 1,399,200 1,460,444
Annual 2/3's allocation to Entrance - to-Aspen 804,023 886,012 908,166 890,577 893,687 932,800 973,629
$50,000 per year reimbursement to ETA for 2011 $250,000 ped crossing funding 50,000 50,000 50,000 50,000
plus /minus remaining annual discretionary funding (23,528) (270,833) (24,095)
Year-end fund designated for Entrance -to - Aspen 3,115,091 3,730,270 4,614,340 5,554,917 8,498,604 7,481,404 8,505,033
Calculation of amount allocated to discretionary funding �
1 0.1 - .a 'f ;x'a' , .,. et 515;159 ' SOW- ' 1.45*$$ 1.41545}:' -`1 51 .444
plus use of designated fund balance for bus lanes construction carryover from 2009 475,922
plus use of designated fund balance for Snowmass Village transit improvements 6,430,165 -
less Annual 2/3's allocation to Entrance - to-Aspen (804,023) (886,012) (908,166) (890,577) (893,687) (932,800) (973,629)
Remaining annual discretionary funding (23,528) (270,833) (24,096) 268,408 721,844 908,400 791,815
less 50,000 per year reimbursement to ETA for 2011 $250,000 ped crossing funding (50,000) (50,000) (50,000) (50,000)
Net remainini annual discretiona fundin, after ETA reimbursement 218,408 671,844 858,400 741,815
remaining balance to reimburse ETA for 2011 $250,000 advance 250,000 260,000 200,000 150,000 100,000 50,000
Fund balance designated for Snowmass Village transit improvements 6,430,165 6,430,165 6,430,165 6,430,165 6,430,165 - - I
11/1812011 12 EOTC proposed budget xlsx
MEMORANDUM
TO: Mayor and City Council
FROM: Cynthia F. Covell, water counsel
THRU: David Hornbacher, Director of Utilities & Environmental
Initiatives
Phil Overeynder, Utilities Engineer, Special Projects
DATE OF MEMO: November 21, 2011
MEETING DATE: November 28, 2011
RE: One -year Extension of Deadline for Construction of Road
Platform for Si Johnson Ditch Vehicular Access
REQUEST OF COUNCIL: Approve Resolution No.(��O, series of 2011, approving execution
of the Second Amendment to Si Johnson Ditch Approach Road Construction and Pipeline Repair
Agreement, which authorizes a one -year extension of the deadline for Three Trees and MS 4610
to construct the road platform for the Si Johnson Ditch Approach Road pursuant to the parties'
agreements. The one -year extension will require completion of construction on or before
October 15, 2012.
PREVIOUS COUNCIL ACTION:
September 22, 2008: Council approved Ordinance No. 29, Series of 2008, on second
reading, thereby approving an Amendment to Water Service Agreement authorizing provision of
additional City treated water service to property owned by Three Trees LLC, located at 1 Toby
Lane in Pitkin County.
January 26, 2009: Council approved Resolution No. 6, Series of 2009, approving a
variety of agreements with Three Trees LLC and MS 4610 LLC whereby Three Trees LLC and
MS 4610 LLC agreed to (1) provide easements on their properties, including a vehicular access
easement (the AApproach Road@) to allow motorized equipment to access the Si Johnson Ditch
for major repair projects; (2) construct a road platform on the vehicular access easement on or
before October 15, 2010; and (3) repair, at Three Trees= cost, the piped portion of the Si Johnson
Ditch.
October 12, 2010: Council approved Resolution No. 82, Series of 2010, authorizing a
one -year extension of the deadline for construction of the road platform on the vehicular access
easement, due to construction and permitting delays encountered by Three Trees.
Page 1 of 4
June 13, 2011: City Council, as authorized by law, overruled Pitkin County denial of
City Location & Extent Review application for the Approach Road construction.
BACKGROUND:
The agreements approved by Council on January 26, 2009, required Three Trees to construct the
Approach Road to be constructed by Three Trees, at its cost, by October 15, 2010, or to
contribute $200,000 towards the construction of this road, which would then be undertaken by
the City or the Si Johnson Ditch Company at some future date. Three Trees was unable to
construct the road by the original deadline, primarily due to the Pitkin County approval process.
The County advised Three Trees that it the City, as a governmental entity, needed to request the
County to conduct an expedited extent and location review before the Pitkin County Planning
and Zoning Commission under a then- new ordinance regarding Location and Extent Reviews.
The City staff anticipated that the Location and Extent permit would be issued by the County,
and Three Trees could construct the road in 2011.
The County Planning and Zoning Commission denied the City's Location and Extent Review
application. As permitted by law, the City Council overruled that denial on June 13, 2011, and
authorized the City staff to move forward to have the Approach Road constructed. In overruling
the County denial, the City considered the importance of the Approach Road to provide vehicular
access to the Si Johnson Ditch for major repairs, and alternatives to the Approach Road
construction.
DISCUSSION: The City owns an interest in the Si Johnson Ditch which is used to irrigate
many prominent properties within the City limits, including the Benedict Music Tent, the Aspen
Institute and several west end parks. The ditch is an important City irrigation and aesthetic
feature. Like all ditches, it requires occasional major repairs which, in turn, require access by
trucks and other equipment. A portion of the Si Johnson Ditch that is located on a steep hillside
and suspended in a pipeline is particularly difficult to access when major repairs are required.
Three private parcels of land provide possible routes by which the City may gain vehicular access
to the ditch to complete major repairs. These parcels are owned by Three Trees, LLC, Alan
Quasha and Ilona Nemeth (collectively "Quasha "), and Edward H. Wachs, Jr.
City staff historically accessed the Si Johnson Ditch via the abandoned county road which
traversed the Quasha property. In late 2006, the Quashas began construction of a new home that
encroached on the historic access road. The foundation had been installed when the City
obtained an injunction requiring Quashas to cease further construction. The Quashas filed
various counterclaims against the City and City employees. The lawsuit was settled in
September, 2008, and included the Quashas' agreement that the City would have foot access to
the ditch via the Quasha property. While vehicles can be deployed on a portion of the Quasha
property (the "staging area "), the vehicles cannot get to the staging area via the foot access route.
At the time the Quasha settlement was being negotiated, Three Trees agreed to grant the City a
permanent easement through its property to provide the needed vehicular access to the staging
Page 2 of 4
area (the AThree Trees Approach Road@). The City agreed to amend its 1996 water service
agreement regarding the Three Trees property to authorize an additional amount of water use, in
return for the easement. Three Trees is obligated to construct, at its sole expense, the road
platform on the vehicular access easement. The agreements require construction to be completed
this fall.
Due to the steep grade of the proposed Three Trees access road, Three Trees, as a private
property owner, was unable to obtain a County permit to construct the road. As a government
agency, the City was subject to a Location and Extent review process, and made application for
approval in January 2011. After a noticed public hearing that took place at two County Planning
and Zoning Commission meetings in April, 2011, the Commission denied the application on the
basis that the proposed road did not comply with the AACP. The City Council overruled that
denial on June 13, 2011, as permitted by law, and required the City Engineering Department to
review the design drawings for the road platform construction to confirm that the road would not
further destabilize the slope above the Quasha property.
Since the Council action in June, Three Trees has evaluated its preliminary design drawings and
the associated costs, and is preparing the necessary information documentation for the City
Engineering Department. Three Trees has asked for an additional extension, until October 15,
2012, to complete construction of the road platform. If construction is not completed by that
date, Three Trees must pay the $200,000 to the Si Johnson Ditch Company, which may use the
money to construct the road platform itself, or to secure other means of vehicular access to the Si
Johnson Ditch for major repairs.
FINANCIALBUDGET IMPACTS: If Three Trees is not able to build the roadbed by
October, 15, 2012, Three Trees is required to pay $200,000 to the Si Johnson Ditch Company.
Staff believes that it will be more efficient and cost- effective for Three Trees to construct this
road platform in the upcoming construction season, as its construction crews and equipment are
already deployed on its property, and will be there in 2012. If the funds are paid to the Si
Johnson Ditch Company, it will be responsible for contracting for and overseeing construction of
the road platform on the existing easement, or for locating an alternative access route, and
undertaking any necessary contracting or eminent domain proceedings, as well as any required
construction. If this is the case, the City, as the majority shareholder of the Si Johnson Ditch
Company, would be assessed its share of any additional costs beyond the $200,000 payment.
Staff therefore believes that it is in the best interest of the City to grant one further extension of
time to Three Trees.
ENVIRONMENTAL IMPACTS: This memo requests an extension of one year for
construction of the road platform on the Si Johnson Ditch Access Road easement. The
environmental considerations regarding this road platform were considered when the City
Council approved the original contracts for this project in 2009, and also when Council overruled
the County's denial of approval of the City's Location and Extent Review application.
RECOMMENDED ACTION: Staff recommends that Council authorize a one -year extension
of the deadline for Three Trees to construct the road platform, to and including October 15, 2012.
Page 3 of 4
Both Three Trees and Westchester Investments, Inc., the third shareholder of the Si Johnson
Ditch Company, have approved this extension.
ALTERNATIVES: If this extension is not approved, Three Trees will be required to pay
$200,000 to the Si Johnson Ditch Company, and the Ditch Company will be solely responsible
for constructing the road platform or acquiring and constructing any alternative easement or right
of way.
PROPOSED MOTION:
I move that Council approve Resolution No.'Series of 2011, authorizing approval of the
attached Second Amendment to Si Johnson Ditch Approach Road Construction and Pipeline
Repair Agreement.
CITY MANAGER COMMENTS: de,C-elu.-"--µS ��j
Qka �i r i U
ATTACHMENTS:
Exhibit A — Resolution No., Series of 2011
Exhibit B: Second Amendment to Si Johnson Ditch Approach Road Construction and Pipeline
Repair Agreement (signed by Westchester Investments, Inc., Three Trees LLC and MS 4610
LLC)
Page 4 of 4
RESOLUTION NO. t<(/
Series of 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE SECOND AMENDMENT TO THE SI JOHNSON DITCH APPROACH
ROAD CONSTRUCTION AND PIPELINE REPAIR AGREEMENT, BETWEEN AND AMONG
THE CITY, THREE TREES LLC, M.S. 4610 LLC AND WESTCHESTER INVESTMENTS, INC.
WHEREAS, the City is party to several agreements recorded August 6, 2009 at Reception
No. 561702, with Three Trees LLC, M.S. 4610 LLC and Westchester Investments, Inc.
( "Agreements "), including the Si Johnson Ditch Approach Road and Pipeline Repair Agreement,
whereby Three Trees LLC and M.S. 4610 LLC have agreed to perform or pay for certain road
construction and irrigation system repairs to the Si Johnson Ditch; and
WHEREAS, the Agreements require Three Trees LLC and M.S. 4610 LLC to either construct
the road platform for the Approach Road to the Si Johnson Ditch, or pay the sum of $200,000 to the
Si Johnson Ditch Company by October 15, 2010; and
WHEREAS, by Resolution No. 82, Series of 2010, the Aspen City Council authorized an
initial Amendment to Si Johnson Ditch Approach Road and Pipeline Repair Agreement, to extend
that deadline for one year, until October 15, 2012, because of construction and permitting delays; and
WHEREAS, due to further permitting and construction delays, Three Trees and MS 4610
have requested a second amendment to the Si Johnson Ditch Approach Road and Pipeline Repair
Agreement, to extend the construction deadline for the road platform for one additional year, until
October 15, 2012; and
WHEREAS, City staff has advised the City Council that the City and the Si Johnson Ditch
Company will be best served by having the road platform constructed by Three Trees LLC and M.S.
4610 LLC, and therefore the City staff recommends extension of this deadline and approval of the
Second Amendment to Si Johnson Ditch Approach Road and Pipeline Repair Agreement; and
WHEREAS, City Council has had the opportunity to obtain such advice and information as it
deems appropriate and necessary regarding the proposed Second Amendment,
THEREFORE, BE IT RESOLVED, by the City Council of the City of Aspen, that the
Amendment to the Si Johnson Ditch Approach Road and Pipeline Repair Agreement is hereby
approved. The Mayor, City Manager, City Clerk and the Utilities Director are hereby authorized and
directed to execute the Second Amendment, and any related documents necessary or desirable to
effectuate the transactions provided for in said Second Amendment.
Dated:
APPROVED by the City Council of the City of Aspen on the day of
2011.
Mayor
Attest:
City Clerk
SECOND AMENDMENT TO
SI JOHNSON DITCH APPROACH ROAD CONSTRUCTION
AND PIPELINE REPAIR AGREEMENT
This Second Amendment to the Si Johnson Ditch Approach Road Construction
and Pipeline Repair Agreement ( "Second Amendment ") is made and entered into to be
effective October 15, 2011, regardless of the date of signature, by and between THREE
TREES, LLC, a Colorado limited liability company ( "Three Trees "), M.S. 4610, LLC, a
Colorado limited liability company ("MS. 4610 "), and the CITY OF ASPEN,
COLORADO, a home rule Colorado municipality (the "City "), and WESTCHESTER
INVESTMENTS, INC. ( "Westchester "), all collectively referred to below as the
"Parties."
WHEREAS, the Parties entered into the Si Johnson Ditch Approach Road
Construction and Pipeline Repair Agreement effective August 6, 2009, a copy of which
was recorded in the Office of the Pitkin County Clerk & Recorder on August 6, 2009,
Reception No. 561706 ( "2009 Agreement ") and a First Amendment to such agreement
( "First Amendment ") dated October , 2010 and recorded on 2010 at
Reception No. ; and
WHEREAS, pursuant to Paragraphs 2 of the First Amendment, Three Trees
agreed to use its best efforts to construct the Approach Road on or before October 15,
2011 and, if the road was not constructed, to contribute $200,000 to the Ditch Company
by October 15, 2011; and
WHEREAS, although Three Trees has used its best efforts to pursue the proposed
construction project, additional time is required to complete the project; in particular, the
land use approval processes related to the Approach Road took longer than expected in
2011 and Three Trees is still completing final design and specifications for the project;
and
WHEREAS, the Parties are willing to further extend certain deadlines and change
certain terms of the 2009 Agreement and the First Amendment thereto, as set forth below,
provided that except as amended herein, all prior agreements between the Parties shall
remain in full force and effect.
NOW THEREFORE, in consideration of the mutual promises set forth herein,
and other good consideration, the sufficiency of which is acknowledged, the Parties
further agree as follows:
1. All defined terms herein shall have the same meaning as set forth in
Paragraph A.1 of the 2009 Agreement.
2. The deadline set forth in Paragraph 2 of the First Amendment for
completion of the Approach Road or payment of $200,000 in lieu thereof to the Ditch
Company is hereby extended until October 15, 2012. However, should an emergency
arise such that a Major Repair to the Ditch becomes necessary in the opinion of a
1
Colorado- registered professional engineer retained by the City or the Ditch Company
between the date of this Second Amendment and the date that construction of the
Approach Road commences, upon request of the City or the Ditch Company Three Trees
shall immediately contribute $200,000 in good funds to the Ditch Company to be applied
toward such Major Repair and/or toward establishing access to perform the same. Upon
payment of said funds, Three Trees shall no longer be obligated to construct the
Approach Road and the future obligation of Three Trees regarding operation and
maintenance of the Ditch shall be limited to payment of its pro rata share of all future
Ditch Company assessments.
3. Except as amended herein, all prior written agreements between the
Parties shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment the
date and year first above written.
[this space left blank intentionally— signatures on following pages]
2
THREE TREES, LLC, a Colorado limited liability company
Mettytr
By: Warren B. Kanders, Manager
M.S. 4610, LLC, a Colorado limited liability company
WitAAA" •
By: Warren B. Kanders, Manager
STATE OF 14`\ )
)ss.
COUNTY OF Nv )
SUBSCRIBED AND SWORN to before me this 2 t day of November , 2011,
by Warren B. Kanders, as Manager of Three Trees, -LC, a Colorado limited liability
company,
WITNESS my hand and official seal.
I407AR >t+
STATE O N EW YORK )
No. 01JA6203693 .1�..... N" 1 / Jr. -"___ '
QUALIFIED IN QUEENS COUNTY Not: Public
COMMISSION EXPIRES APRIL 13, 2023
My commission expires: K . 1 tai , sa ` 3
STATE OF N `\ )
) ss.
COUNTY OF •\ )
SUBSCRIBED AND SWORN to before me this .% day of t.Yove ibeY , 2011,
by Warren B. Kanders, as Manager of M.S. 4610, LLC, a Colorado limited liability
company.
WITNESS my hand and official seal.
RAYw TnEJJ JADUNANDAN
NOTARY R016t?IC,ISTATE OF NEW YORK fj_
COMMISSION EXPIRES APRIL 13, 20‘..a. ` Not Public
My commission expires: It ` -13 , 3013
3
CITY OF ASPEN, COLORADO, a Municipal Corporation and
Home Rule City
By:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
SUBSCRIBED AND SWORN to before me this _ day of , 2011,
b , for the City of Aspen, Colorado.
WITNESS my hand and official seal.
[SEAL]
Notary Public
My commission expires:
4
WESTCHESTER INVES T , nelaware Corporation
: y: Eduardo Hernandez /
Title: Corporate Officer
STATE OF F1, gri. d t- )
) ss.
COUNTY OF / rfr.. / aalc.)
SUBSCRIBED AND SWORN to before me this 2 "day of $ ai4 ., b.e rf2011,
by Eduardo Hernandez, for Westchester Investments, Inc.
4.. DtJ
Notary Pu lic
My commission expires: ft-lYe 2, 2 0/C
I r -- OARYM.OTAZO
. tacos reaoansoeim
EXPREtJUneZE
0aded7lmMn.gPMaEnOnntNs
1
5
V1I
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Ed Van Walraven Executive Officer /Fire Marshal
DATE OF MEMO: November 20, 2011
MEETING DATE: November 28, 2011
RE: First Reading of Ordinance #37, Series of 2011
Fire Code and Fire Regulation Amendments: Title 8, Aspen Municipal
Code.
REQUEST OF COUNCIL: The Aspen Fire Protection District requests action from Council
regarding an Ordinance to adopt the 2009 International Fire Code (IFC) with typical amendments
as required to administer and enforce a body of fire code regulations.
SUMMARY: By adopting this Ordinance, the City of Aspen joins other jurisdictions in the
Roaring Fork Valley, the Western Slope, Colorado and the nation moving forward with uniform
fire code administration using the 2009 IFC. Aspen traditionally adopts new codes every six years.
We currently administer the 2003 codes edition.
BACKGROUND: Local architects, contractors and developers in the area have become aware
and are familiar with the 2009 IFC as more jurisdictions adopt or accept buildings designed to this
code edition. The new edition is ready for adoption.
The body of Title 11 essentially mirrors the existing elements but with one addition. The 2009
IFC language is refined to closely reflect current construction practice to safeguard public health
and safety and provide protection to fire fighters and emergency responders. The building
programming, allows for efficient design, advanced materials and integrated building systems.
This code supports our community culture and makes a step forward to simplify regulation with
streamlined policies and efficient building code administration.
RECOMMENDATION: Staff recommends approval of Ordinance #312,011 on first reading.
CITY MANAGER COMMENTS:
1
RECOMMENDED MOTION: "I move to read Ordinance #37, Series of 2011; I move to adopt
of Ordinance No. 37, Series of 2011, on first reading."
•
2
ORDINANCE NO. '14-
(Series of 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTIONS 11.04.020 AND 11.04.030 OF
THE ASPEN MUNICIPAL CODE, ADOPTING BY REFERENCE THE
INTERNATIONAL FIRE CODE, 2009 EDITION, AMENDING CERTAIN
SECTIONS OF SAID CODE, AND REPEALING SECTIONS OF THE
MUNICIPAL CODE INCONSISTENT THEREWITH.
WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the
2010 edition of the International Fire Code, to repeal existing fire code provisions, and
implement recommended changes to the 2090 edition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1
That Section 11.04.020 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and
reenacted to read as follows:
11.04.020 Adoption of the International Fire Code.
Pursuant to the power and authority conferred by the laws of the State of Colorado and the
Charter of the City of Aspen, Colorado, it is hereby adopted as the fire code of the City of Aspen,
Colorado, by reference thereto, the International Fire Code, 2009 edition, including the appendix,
except Sections A, E, F and G of said appendix of such code published by the International Code
Council Inc. 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795 all to have the
same force and effect as though set forth herein in every particular.
Section 2
That Section 11.04.030 of the Municipal Code of the City of Aspen, Colorado, is hereby
repealed and reenacted to read as follows:
Sec.11.04.030 Amendments.
The International Fire Code herein adopted shall be amended as follows:
Sec.. 101.1 Title.
These regulations shall be known as the Fire Code of the Aspen Fire Protection District,
hereinafter referred to as "this code."
Sec. 102.8 Subjects not regulated by this code.
Where no applicable standards or requirements are set forth in this code, or are contained
within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction,
compliance with the most current applicable standards of the National Fire Protection Association
or other nationally recognized fire safety standards, as approved, shall be deemed as prima facie
evidence of compliance with the intent of this code. Nothing herein shall derogate from the
authority of the fire code official to determine compliance with codes or standards for those
activities or installations within the fire code official's jurisdiction or responsibility.
Exception: When that current cycle is Tess than a year from the previous cycle, the
previous cycle may be used with the approval of the fire code official.
Sec.102.9 Matters not provided for.
Requirements that are essential for the public safety of an existing or proposed activity,
building or structure, or for the safety of the occupants thereof, which are not specifically
provided for by this code shall be determined by the fire code official. The most current NFPA
code cycle or other nationally recognized fire safety standards, as approved shall be utilized.
Exception: When that current cycle is less than a year from the previous cycle, the
previous cycle may be used with the approval of the fire code official.
Sec. 103.2 Appointment.
The fire code official shall be appointed by the chief appointing authority of the
jurisdiction; and the fire code official shall not be removed from office except for cause and after
full opportunity to be heard on specific and relevant charges by and before the appointing
authority. For the purposes of this code the term fire code official there may be inserted fire
marshal.
Sec. 104.6.3 Fire records.
The fire department shall keep a record of fires occurring within its jurisdiction and of facts
conceming the same, including statistics as to the extent of such fires and the damage caused
thereby, together with other information as required by the fire code official. Copies of all such
records shall be forwarded to the office of the fire marshal.
Sec. 104.10 Fire investigations.
The fire code official, the fire chief or other responsible authority shall have the authority
to investigate the cause, origin and circumstances of any fire, explosion or other hazardous
condition. Information that could be related to trade secrets or processes shall not be made part of
the public record except as directed by a court of law.
Sec.108.1 Board of appeals.
Appeals shall be in accordance with Section 8.08 of the Municipal Code of the City of
Aspen or Section Title 11 sec 04.040.112.1 of the Pitkin County Code.
Sec. 109.2.2 Compliance with orders and notices.
2
A notice of violation issued or served as provided by this code shall be complied with by the
owner, operator, occupant or other person responsible for the condition or violation to which the notice of
violation pertains.
(1) If the building or other premises is owned by one person and occupied by another, under
lease or otherwise, and the notice of violation requires additions to or changes in the
building or premises such as would be considered real estate and become the property of
the owner, said notice and order shall be directed to such owner of the building or
premises.
(2) Every notice of violation pursuant to this chapter shall set forth a time by which
compliance with the notice violation is required. The time specified shall be reasonable
according to the circumstances of the particular hazards or condition to which the notice
and order pertains. Immediate compliance may be required in any case which represents
extreme or imminent danger to persons or property.
(3) Except for cases where immediate compliance is required, violations pursuant to this
chapter may be appealed as set forth in Section 108.1.
(4) In cases where immediate compliance is required, the notice of violation so stating shall
be final and conclusive.
(Sec. 202 General Definitions.
"Guest" shall mean any person hiring or occupying a room or bed for living or
sleeping purposes.
Section 202 General Definitions.
"Street" shall mean any thoroughfare, alley or public space not less than sixteen (16) feet
in width which has been dedicated or deeded to the public for public use.
Sec. 307.1.1 Prohibited open burning.
Open burning that is offensive or objectionable because of smoke emissions or when atmospheric
conditions or local circumstances make such fires hazardous shall be prohibited. from May 31 to
October 1.
Exception:
Open burning may be permitted or prohibited at any time when in the opinion
of the fire code official the atmospheric conditions are conducive for safe
burning.
Sec. 308.3 Group A occupancies.
Open -flame devices shall not be used in a Group A occupancy.
Exceptions:
1. Open -flame devices are allowed to be used in the following situations, provided
approved precautions are taken to prevent ignition of a combustible material or injury to
occupants:
1.1. Where necessary for ceremonial or religious purposes in accordance with
Section 308.1.7.
1.2. On stages and platforms as a necessary part of a performance in accordance
with Section 308.3.2.
1.3. Where candles on tables are securely supported on substantial
noncombustible bases and the candle flames are protected.
3
2. Heat - producing equipment complying with Chapter 6 and the International
Mechanical Code.
3. Gas lights are allowed to be used provided adequate precautions satisfactory to the fire
code official are taken to prevent ignition of combustible materials.
4. The use of indoor pyrotechnic displays in a Group A occupancy shall be
prohibited.
Exceptions:
Indoor pyrotechnics shall be permitted if all the following
conditions are met:
(1) A permit shall be issued for each display.
(2) The building is fully equipped with an approved fire sprinkler
system.
(3) The building is fully equipped with an approved and
monitored fire alarm system.
(4) The display is handled and performed by a certified
pyrotechnician, possessing a valid certificate issued by the State
of Colorado.
(5) There are at least two standby personnel equipped with the
appropriate fire extinguisher and familiar in the use of that fire
extinguisher.
(6) A safety plan is filed and approved by the Fire Marshal's
office.
(7) In accordance with NFPA 160 and NFPA 1126
Sec. 308.3.2 Theatrical performances.
Where approved, openflame devices and pyrotechnic devices used in conjunction with theatrical
performances are allowed to be used when the following conditions are met:
(1) A permit shall be issued for each display.
(2) The building is fully equipped with an approved fire sprinkler system
(3) The building is fully equipped with an approved and monitored fire alarm
system
(4) The display is handled and performed by a certified pyrotechnician,
possessing a valid certificate issued by the State of Colorado
(5) There are at least two standby personnel equipped with the appropriate fire
extinguishers and familiar in the use of that fire extinguisher.
(6) A safety plan is filed and approved by the Fire Marshal's office.
(7) In accordance with NFPA 160 and NFPA 1 126
Sec. 310.9 Hotels, motels, rooming or lodging houses.
It shall be unlawful for any person to cause a fire through the use or misuse of tobacco in
any form or of matches or lighters used in connection therewith, in any hotel, motel, rooming
or lodging house. All managers or operators of hotels, motels, rooming or lodging houses
shall post in a conspicuous place within such hotel, motel, rooming or lodging house a copy
of Section 310.9 along with the penalty imposed for such violation. Any person violating said
section shall be guilty of a misdemeanor. Such posting shall be done at no expense to the
City.
Sec. 507.5.4.1 Snow removal.
4
Snow removal operations shall not prevent fire hydrants from being immediately
discernible or hinder gaining immediate access.
Sec. 903.2 Where required.
Approved automatic sprinkler systems in new buildings and structures shall be provided in the
locations described in Sections 903.2.1 through 903.2.14.
Exception:
Spaces or areas in telecommunications buildings used exclusively for
telecommunications equipment, associated electrical power distribution equipment,
batteries
and standby engines, provided those spaces or areas are equipped throughout with an
automatic smoke detection system in accordance with Section 907.2 and are separated
from the remainder of the building by not less than 1 -hour fire barriers constructed in
accordance with Section 707 of the International Building Code or not less than 2 -hour
horizontal assemblies constructed in accordance with Section 712 of the international
Building Code, or both.
Sec. 903.2.13 R -1, R -2.
Every apartment house, town house, lodging house, dormitory, convent, monastery,
rooming house, condominium or hotel two stories or more in height and containing four or more
dwelling units shall have installed therein an approved automatic sprinkler system throughout the
premises. Fire separations shall not constitute separate buildings for this purpose. This includes
all R -3 occupancies.
Sec. 903.2.14 One and two family dwellings and auxiliary buildings.
Any residential occupancy or auxiliary building, including attached garages, in excess of
5,000 square feet or in a location that is difficult to access as determined by the fire code official,
shall be equipped with an approved automatic fire sprinkler system including the installation of a
fire department connection.
For residential automatic fire sprinkler systems a minimum of a three sprinkler head hydraulic
calculation shall be submitted for approval, a larger number of sprinkler head calculation may be
required depending on the structural design. Fire separations shall not constitute separate
buildings for this purpose. This is includes all R -3 occupancies
Sec. 903.4 Sprinkler system supervision and alarms.
All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water
levels and temperatures, critical air pressures and water -flow switches on all sprinkler systems shall be
electrically supervised by a listed fire alarm control unit.
Automatic sprinkler systems protecting one, two or multiple family dwellings that are not
monitored shall operate in the following manner:
(1) All water flow activations shall be capable of sounding an interior audible alarm
notifying all occupants simultaneously.
(2) All water flow activations shall be capable of activating an exterior audible /visual
alarm. This alarm shall be located so as to be visible from the nearest fire department
access road. A second visual device may be required to delineate the fire department
connection.
(3) The activation of any water control device shall be capable of activating the light
portion only of the exterior audible /visual signal.
5
Exceptions:
1. Limited area systems serving fewer than 20 sprinklers.
3. Jockey pump control valves that are sealed or locked in the open position.
3. Control valves to commercial kitchen hoods, paint spray booths or dip tanks
that are sealed or locked in the open position.
4. Valves controlling the fuel supply to fire pump engines that are sealed or
locked in the open position.
5. Trim valves to pressure switches in dry, pre - action and deluge sprinkler
systems that are sealed or locked in the open position.
Sec. 903.4.2 Alarms.
Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler
water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the
smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building
in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system
shall actuate the building fire alarm system.
For one and two family dwelling and R - 3 occupancies: Interior audible water flow
signals capable of notifying all occupants simultaneously shall be provided. A visual and audible
water flow alarm shall be installed on the exterior of the building. This alarm shall be located so
as to be visible from the nearest fire department access road. A second visual device may be
required to delineate the fire department connection. Where the R -3 occupancy is a duplex,
triplex or greater, audible alarms shall notify all of the occupants simultaneously upon a water
flow activation. Exterior visual and audible alarms shall activate on the unit of origin only.
Sec. 906.1 Where required.
Portable fire extinguishers shall be installed in the following locations.
1. In new and existing Group A, B, E, F, H, I , M, R -1, R -2, R -4 and S occupancies.
2. Within 30 feet (9144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or dispensed.
4. On each floor of structures under construction, except Group R -3 occupancies, in
accordance with Section 1415.1.
•
5. Where required by the sections indicated in Table 906.1.
6. Special - hazard areas, including but not limited to laboratories, computer rooms and
generator rooms, where required by the fire code official.
Sec. 907.1.4 Designer requirements.
All plans for fire alarm systems submitted for approval shall have affixed the signature of
a NICET Level 3 or higher in the field of fire alarm design.
Exception:
Where the fire alarm system designer has the equivalent of NICET Level 3
training, all certificates and documentation shall be presented for compliance.
Sec. 907.1.5 Installer requirements.
All fire alarm system installations shall be supervised by a person having a NICET Level
2 or higher in the field of fire alarm installation.
Exception:
Where the fire alarm system installer has the equivalent of NICET Level
2 training, all certificates and documentation shall be presented for compliance.
6
Sec. 907.1.6 Required types of systems.
All fire alarm systems required by this code shall be addressable, analog systems.
Exception:
With the approval of the Fire Marshal a conventional system may be
used if that system is used only to monitor a fire sprinkler system.
Sec. 907.2.1 Group A.
A manual and automatic fire alarm system that activates the occupant notification system in
accordance with Section 907.6 shall be installed in Group A occupancies having an occupant load of 100
or more. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire
alarm system as required for the Group E occupancy
Sec. 907.2.2 Group B.
A manual and automatic fire alarm system shall be installed in Group B occupancies where one of
the following conditions exists:
1. The combined Group B occupant load of all floors is 100 or more.
2. The Group B occupant load is more than 50 persons above or below the lowest
level of exit discharge.
3. The Group B fire area contains a Group B ambulatory health care facility
Sec. 907.2.3 Group E.
A manual and automatic fire alarm system that activates the occupant notification system in
accordance with Section 907.6 shall be installed in Group E occupancies. When automatic sprinkler
systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire
alarm system.
Exceptions:
1. A manual fire alarm system is not required in Group E occupancies with an occupant
load of less than 50.
2. Manual fire alarm boxes are not required in Group E occupancies where all of the
following apply:
2.1. Interior corridors are protected by smoke detectors.
2.2. Auditoriums, cafeterias, gymnasiums and similar areas are protected by heat
detectors or other approved detection devices.
2.3. Shops and laboratories involving dusts or vapors are protected by heat detectors or
other approved detection devices.
2.4. The capability to activate the evacuation signal from a central point is provided.
2.5. In buildings where normally occupied spaces are provided with a two -way
communication system between such spaces and a constantly attended receiving station
from where a general evacuation alarm can be sounded, except in locations specifically
designated by the fire code official.
2.6 Where the building is equipped throughout with an approved automatic
sprinkler system and the alarm notification devices will activate upon sprinkler
water flow. Where the building is equipped throughout with an approved
automatic sprinkler system and the alarm notification devices will activate upon
sprinkler water flow and manual activation is provided from a normally occupied
location.
Sec. 907.2.7 Group M.
7
•
A manual and automatic fire alarm system that activates the occupant notification system in accordance
with Section 907.6 shall be installed in Group M occupancies where one of the following conditions exists:
1. The combined Group M occupant load of all floors is
500 or more persons.
2. The Group M occupant load is more than 100 persons
above or below the lowest level of exit discharge.
Exceptions:
1. A manual fire alarm system is not required in covered mall buildings
complying with Section 402 of the International Building Code
Sec. 907.2.8.1 Manual fire alarm system.
A manual fire alarm system that activates the occupant notification system in accordance with
Section 907.6 shall be installed in Group R -1 occupancies.
Sec. 907.2.8.2 Automatic smoke detection system.
An automatic smoke detection system that activates the occupant notification system in
accordance with Section 907.6 shall be installed throughout all interior corridors serving sleeping
units.and in all common areas, laundry rooms, and mechanical rooms.
Sec. 907.2.9 Where required.
Every apartment house, town house, lodging house, dormitory, convent, monastery,
rooming house, condominium or hotel two stories or more in height and containing four or more
dwelling units shall have installed therein an approved automatic and manually operated fire
alarm system so designed that all occupants of the building may be warned simultaneously. Fire
alarm systems shall be installed in accordance with I.F.C. Section 907.2 and nationally
recognized standards. Fire separations shall not constitute separate buildings for this purpose.
This includes all R -3 occupancies other than single family dwellings.
Sec. 907.2.9.1 Manual fire alarm system.
A manual fire alarm system that activates the occupant notification system in accordance with
Section 907.6 shall be installed in Group R - occupancies where they are two stories or more in
height and containing four or more dwelling units
Sec. 907.6.2.25 Interior alarms.
An inside audible alarm is to be installed whenever an alarm is required by Chapter 9 of
the International Fire Code and Chapter 9 of the International Building Codes. In the case of
public assembly areas with an occupant load of one hundred (100) or more persons or where, in
the opinion of the Building Official or the Fire Marshal, the installation of an inside alarm may
result in creating panic, the alarm signal shall be installed in an attended area (e.g. projection
booth, manager's office) from where there can be effectuated an orderly evacuation of the
assembly area pursuant to the system approved by the Building Official or Fire Marshal.
Sec. 907.6.2.3.1.2 Exterior visual requirements.
8
The exterior visual signals shall meet the following requirements:
(1) The light used shall be of the strobe type producing at least one million candle power,
or incandescent flashing type which can be plainly seen for at least 1,500 feet in all
directions of approach.
(2) Lights are to be red in color for systems equipped with a fire department connection
and yellow in color for systems not having a fire department connection.
(3) In systems with fire department connections the light is to be located at least 12ft.
above and as directly vertical to the fire department connection as possible. In systems
without fire department connections the light is to be located so as to be visible from the
nearest street.
(4) A sign with the words "Fire, Call Fire Department" (black on a white background and
large enough to be visible from the center of the adjacent street) shall be mounted
directly above the light.
(5) The light shall not replace the audible alarms but is to be used in conjunction with it.
(6) The visual and audio signal shall be together on a circuit separate from all others
except exit signs.
Sec. 913.4 Valve supervision.
Where provided, the fire pump suction, discharge and bypass valves, and the isolation valves on
the backflow prevention device or assembly shall be supervised open by one of the following methods:
1. Central- station, proprietary or remote- station signaling service.
2. Local signaling service that will cause the sounding of an audible signal at a constantly attended
location.
3. Sealing of valves and approved weekly recorded inspection where valves are located within
fenced enclosures under the control of the owner.
Sec. 1008.1.9.10 Stairway doors.
Interior stairway means of egress doors shall be openable from both sides without the use of a key
or special knowledge or effort.
Exceptions:
1. Stairway discharge doors shall be openable from the egress side and shall
only be locked from the opposite side.
2. This section shall not apply to doors arranged in accordance with Section
403.5.3 of the International Building Code.
3.In stairways serving not more than two stories, doors are permitted to
be locked from the side opposite the egress side, provided they are
openable from the egress side and capable of being unlocked
simultaneously without unlatching upon a signal from the fire command
center, if present, or a signal by emergency personnel from a single
location inside the main entrance to the building.
Sec. 1028.12 Seat stability.
In places of assembly, the seats shall be securely fastened to the floor,
Exceptions:
1. In places of assembly or portions thereof without ramped or tiered floors for
seating and with 75 or fewer seats, the seats shall not be required to be fastened
to the floor.
2. In places of assembly or portions thereof with seating
at tables and without ramped or tiered floors for seating,
9
the seats shall not be required to be fastened to the floor.
3. In places of assembly or portions thereof without ramped or tiered floors for
seating and with greater than 75 seats, the seats shall be fastened together in
groups of not less than three or the seats shall be securely fastened to the floor.
4. In places of assembly where flexibility of the seating arrangement is an
integral part of the design and function of the space and seating is on tiered
levels, a maximum of 75 seats shall not be required to be fastened to the floor.
Plans showing seating, tiers and aisles shall be submitted for approval.
5. Groups of seats within a place of assembly separated from other seating by
railings, guards, partial height walls or similar barriers with level floors and
having no more than 14 seats per group shall not be required to be fastened to
the floor.
6. Seats intended for musicians or other performers and separated by railings,
guards, partial height walls or similar barriers shall not be required to be
fastened to the floor.
Sec. 2204.3 Unattended self service motor fuel dispensing facilities.
Unattended self - service motor fuel dispensing facilities shall comply with Sections 2204.3.1
through 2204.3.7. A safety plan and safety equipment technical data shall be submitted for review
prior to approval. Unsupervised private dispensing shall be by permit only.
Sec. 3301.1.3 Fireworks.
The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 3304.
2. Manufacture, assembly and testing of fireworks as allowed in Section 3305.
3. The use of fireworks for fireworks displays as allowed in Section 3308.
4. The possession, storage, sale, handling and use of specific types of Division
1.4G fireworks where allowed by applicable laws, ordinances and regulations,
provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and
DOTn 49 CFR, Parts 100 -185, for consumer fireworks.
5. The storage, sale, use and handling of toy caps, sparklers and smoke
snakes shall be permitted.
Sec. 3301.2.4 Financial responsibility.
Before a permit is issued, as required by Section 3301.2, the applicant shall file with the
City of Aspen or Pitkin County a corporate surety bond in a principal sum equal to the amount
required by the Colorado state statutes, Pitkin County, or the City of Aspen, of persons engaging
in similar activities, or a public liability insurance policy for the same amount, for the purpose of
the payment of all damages to persons or property which arise from, or are caused by, the conduct
of any act authorized by the permit upon which any legal judgment results. The fire code official
may specify a greater or lesser amount when, in his opinion, conditions at the location of use
indicate a greater or lesser amount is required. Public agencies shall be exempt from this bond
requirement
Sec. 3301.4 Qualifications.
Persons in charge of magazines, blasting, fireworks display or pyrotechnic special effect
10
operations shall not be under the influence of alcohol or drugs which impair sensory or motor
skills, shall be at least 21 years of age and shall demonstrate knowledge of all safety precautions
related to the storage, handling or use of explosives, explosive materials or fireworks.
The handling and firing of explosives shall only be performed by the person possessing a valid
explosives certificate issued by the State of Colorado.
Sec. 3304.10.8 Storage exceeding 50 lbs.
Storage of explosives in quantities exceeding fifty (50) pounds shall be in a Type 1
magazine, except that a Type 3 magazine may be used for temporary storage of a larger quantity
of explosives at the site of blasting operations where such amount constitutes not more than one
day's supply for use in current operations. At the end of the day's operations any remaining
explosives shall be safely destroyed or returned to a Type 1 magazine.
Sec. 3304.10.9 Storage less than 50 lbs.
Storage of explosives in quantities of fifty (50) pounds or less shall be in Type I or Type
II magazine, except that explosives in any quantity when stored in remote locations shall be in
Type I, bullet resistant magazines.
Sec. 3308.1.2 Indoor pyrotechnic displays
The use of indoor pyrotechnic displays shall be prohibited.
Exception:
Indoor pyrotechnics shall be permitted if all the following conditions
are met:
(1) A permit shall be issued for each display.
(2) The building is fully equipped with an approved fire sprinkler system
(3) The building is fully equipped with an approved and monitored fire
alarm system
(4) The display is handled and performed by a certified pyrotechnician
and possessing a valid certificate issued by the State of Colorado
(5) There are at least two standby personnel equipped with the
appropriate fire extinguisher and familiar in the use of that fire
extinguisher.
(6) A safety plan is filed and approved by the Fire Marshal's office
(7) In accordance with NFPA 160 and NFPA 1126.
Sec. 3404.2.13.2.4 Above - ground tanks.
Hereafter no tank for the storage of flammable fluid in excess of ten (10) gallons shall be
erected, repaired, renewed or replaced either wholly or partially above ground. Where in the
opinion of the fire code official an existing tank constitutes a fire hazard through neglect or
disrepair, he shall order such tank removed; however, tanks or other facilities for the storage of
Class 6 fuel oil may be installed above ground if approved by the fire code official and in
accordance with existing codes and regulations pertaining to above ground storage.
I1
Sec. 3406.2.4 Capacity limits.
The capacity of permanent above - ground tanks containing Class 1 or 11 liquids shall not
exceed 1,100 gallons (4164 L). The capacity of temporary above -tanks containing Class 1 or 11 liquids
shall not exceed 500 gallons (1892 L). Tanks shall be of the single - compartment design.
A permit shall be obtained from the Fire Marshal for the storage or keeping of volatile inflammable
fluids in excess of five (5) gallons in any building and of ten (10) gallons on any premises. The Fire
Marshal is further authorized to issue temporary permits for the above ground storage of such fluids
in tanks which shall not exceed a five hundred (500) gallon capacity for the purpose of providing fuel
for heavy equipment used in building construction, earth moving, earth grading or similar operations
and such permits may be issued only for sites where there are not close hazards. Such temporary
permits shall be issued with the time limits set which shall conform to the reasonably necessary time
for completion of the individual job for which the permit is issued.
Sec. 3406.6.1.12 Delivery hose length.
The maximum length of the delivery hose used to connect the tank vehicles being filled
shall not exceed twenty (20) feet.
Sec. 3406.6.1.13Delivery vehicle capacity.
Tank delivery vehicles used for the delivery of flammable liquids as defined in this
article, having an aggregate capacity in excess of one thousand five hundred (1,500) gallons shall
be equipped with a single cargo tank mounted thereon, self - propelled and of the diesel powered
type.
Sec. 3406.6.1.14 Delivery vehicle single compartment capacities.
It shall be unlawful for any motor vehicle having a tank capacity in excess of five
thousand (5,000) gallons aggregate, or with any one compartment thereof in excess of two
thousand five hundred (2,500) gallon individual capacity, to deliver flammable liquids to any
place of storage within the corporate limits of the city.
Sec. 3406.6.1.15 Delivery periods.
It shall be unlawful for any motor vehicle transporting flammable liquids in excess of
five thousand (5,000) gallons, or any motor vehicle transporting LP gas in excess of two
thousand five hundred (2,500) gallons liquid, or any vehicle transporting explosives and other
dangerous articles, to remain within the city for a period exceeding one hour, unless as provided
herein.
Sec. 3406.6.1.16 Noncompliant motor vehicles.
It shall be unlawful for any motor vehicle other than a tank delivery vehicle as
defined herein to deliver flammable liquids, LP gas, or other dangerous articles to any place of
storage within the corporate limits of the city
Sec. 3803.4 Multiple LP - gas container installations.
12
Multiple LP -gas container installations with a total water storage capacity of more
than 180,000 gallons (681 300 L) [150,000- gallon (567 750 L) LP -gas capacity] shall be subdivided into
groups containing not more than 180,000 gallons (681 300 L) in each group. Such groups shall be separated
by a distance of not less than 50 feet (15 240 mm), unless the containers are protected in accordance with
one of the following:
1. Mounded in an approved manner.
2. Protected with approved insulation on areas that are subject to impingement of ignited
gas from pipelines or other leakage.
3. Protected by firewalls of approved construction.
4. Protected by an approved system for application of water as specified in Table 6.4.2 of
NFPA 58.
5. Protected by other approved means.
Where one of these forms of protection is provided, the separation shall not be less than 25 feet (7620 mm)
between LP - gas container groups It shall be unlawful for any motor vehicle having a tank capacity
in excess of two thousand five hundred (2,500) gallons liquid capacity to deliver LP gas to any
place of storage within the corporate limits of the city.
Sec. 3803.5 Noncompliant vehicles.
It shall be unlawful for any motor vehicle other than a tank delivery vehicle as defined
herein to deliver flammable liquids, LP gas, or other dangerous articles to any place of storage
within the corporate limits of the city.
Sec. 4603.6 Fire alarm systems.
An approved fire alarm system shall be installed in existing buildings and structures in
accordance with Sections 4603.6.1 through 4603.6.7 and provide occupant notification in
accordance with Section 907.6 unless other requirements are provided by other sections of this
code. All fire alarm systems shall be installed and in operation within one year of notification by
the fire prevention bureau.
Sec. 4603.6.5.1 Group R - 1 hotel and motel manual fire alarm system.
A manual fire alarm system that activates the occupant notification system in
accordance with Section 907.6 shall be installed in existing Group R -1 hotels and motels two
stories or more in height and with four or more dwelling units.
Sec. 4603.6.5.1.1 Group R - 1 hotel and motel automatic smoke detection system.
An automatic smoke detection system that activates the occupant notification system in
accordance with Section 907.6 shall be installed in existing Group R -1 hotels and motels
throughout all interior corridors serving sleeping rooms.
4603.6.6 Group R - 2.
An automatic and manual fire alarm system that activates the occupant notification system
in accordance with Section 907.6 shall be installed in existing Group R -2 a occupancies two
stories or more in height and containing four or more dwelling or sleeping units. Fire alarm
systems shall be installed in accordance with I.F.C. Section 907.2 and nationally recognized
standards. Fire separations shall not constitute separate buildings for this purpose.
13
Sec. 4604.5 Illumination emergency power.
The power supply for means of egress illumination shall normally be provided by the premises'
electrical supply. In the event of power supply failure, illumination shall be automatically provided from an
emergency system for the following occupancies where such occupancies require two or more means of
egress:
1. Group A having 50 or more occupants.
Exception: Assembly occupancies used exclusively as a place of worship and having an
occupant load of less than 300.
2. Group B occupancies with 100 or more total occupants. For high -rise buildings and
smoke proof enclosures, see the Building Code. Emergency systems shall be supplied
from storage batteries or an on -site generator set and the system shall be installed in
accordance with the requirements of the Electrical Code
3. Group E in interior stairs, corridors, windowless areas with student occupancy, shops and
laboratories.
4. Group F having more than 100 occupants.
Exception: Buildings used only during daylight hours
which are provided with windows for natural light in
accordance with the International Building Code.
5. Group I.
6. Group M.
Exception:
Buildings less than 3,000 square feet (279m2) in gross sales area on one story
only, excluding mezzanines.
7. Group R -1.
Exception:
Where each sleeping unit has direct access to the outside of the building at
grade.
8. Group R -2.
Exception:
Where each dwelling unit or sleeping unit has direct access to the outside of the
building at grade.
9. Group R -4.
Exception:
Where each sleeping unit has direct access to the outside of the building at
ground level.
Section 3
That the international Fire Code, 2009 edition, hereinabove adopted by reference is to govern the
maintenance of buildings and premises; to safeguard life, health, property and public welfare by
regulating the storage, use and handling of dangerous and hazardous materials, substances and
processes and by regulating the maintenance of adequate egress facilities.
Section 4
That three copies of the primary code and secondary code being considered for adoption by this
ordinance, all certified to be true copies by the Mayor and City Council, shall be on file with the
City Clerk and shall be open for public inspection in her office at the Aspen City Hall, Aspen,
Colorado, any weekday between the hours of 9 a.m. and 5 p.m., at least fifteen days preceding the
public hearing on this ordinance.
14
Section 5
That on passage of this ordinance and adoption of this code by reference, one copy of the Code
may be kept in the office of the chief enforcement officer instead of in the office of the City
Clerk. Following the adoption of this code, the City Clerk shall at all times maintain a reasonable
supply of copies of the code available for purchase by the public.
Section 6
Existing ordinances or parts of ordinances covering the same matters as embraced in this
ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent
the prosecution or punishment of any person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of this ordinance.
Section 7
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 8
A public hearing on the ordinance shall be held on the 12th day of December, 2011, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado. Pursuant to the provisions of Section 31-
12 -403, C.R.S., as amended, notice of the hearing shall be published at least twice, once at least
eight (8) days preceding the hearing and once at least fifteen (15) days preceding it.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of
the City of Aspen on the 28` day of November, 2011
Mick Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of , 2011
Mick Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
15
MEMORANDUM t'",�
UM
TO: Mayor and City Council
FROM: Ashley Ernemann, Assistant Finance Director
THRU: Don Taylor, Director of Finance
Steve Barwick, City Manager
DATE OF MEMO: November 21, 2011
DATE OF MEETING: November 28, 2011
RE: 2011 Budget Supplemental
Staff is requesting an amendment to the City's 2011 budget that increases the city -wide total
expenditure appropriation from 5106.5 to 5107.4 million, (See Attachment A). Net of inter fund
transfers, budget authority increases from $84.5 to $85.5 million.
Interfund transfers are required appropriations between City funds that do not reflect the true cost of
operations. Attachment D provides a detailed listing of budgeted 2011 interfund transfers.
The exhibit below outlines the supplemental requests impact on the City's overall appropriation
authority. The referenced attachments provide itemized listings of supplemental budget authority.
CITY OF ASPEN - 2011 FALL SUPPLEMENTAL BUDGET
Description Amount Location
2011 Adopted Budget: $106,489,550 See Attachment A
Total New Requests: $1,493,030 See Attachment B
Technical Adjustments: ($550,290) See Attachment C
Total Budget Requests: $942,740 See Attachment A
TOTAL ORDINANCE: $107,432,290 See Attachment A
Less Interfund Transfers $21,901,010 See Attachment D
NET APPROPRIATIONS: $85,531,280 See Attachment A
Different categories of requests include:
• Attachment B: "New Requests" of $1,493,030 include requests for formal appropriation of
funding issues previously reviewed by Council during this fiscal year and new requests.
Narrative justification of each new request is provided as part of this memorandum below as
well as in the memorandums at the end of this packet provided by departmental staff.
• Attachment C: This attachment details all of the technical adjustments in 2011, totaling
$550,290. Technical adjustments include accounting transactions needed to administer
decisions made by City Council or City policy, formal appropriations of previously approved
projects and oversights in budget entry.
• Attachment D: This attachment details interfund transfers for 2011, totaling $21,901,010.
Interfund transfers are required appropriations that do not reflect the cost of operations.
New Requests General Fund
Contributions - Contributions request totals $50,000. This funding request is for the payment to
American Airlines. Council previously approved this request and this is the formal appropriation. This
request will be funded from the General Fund cash reserves.
Building Department - The Building Department request totals $50,000. This funding request is
for legal counsel for a former inspector. The previous allocation of $100,000 has been spent. This
request will be funded from the General Fund cash reserves.
Environmental Health — The Environmental Health requests total $66,350. $2,600 is to fund the
cost of living increase. $3,750 is requested funding to pay the County for yard waste pick up at the Rio
Grande Recycle Center. See memo for additional details. $60,000 is funding to implement the new
bag fee ordinance. This request will be funded by the 2012 and 2013 fee collections. See memo for
additional details.
Police - The Police Department requests total $11,120. The $9,600 request is for grant funded
DUI enforcement shifts. The $1,520 funding is for reimbursement for an event at Aspen Meadows.
Special Events - The Special Events Department request totals $52,000. The $40,000 is for the
additional funding needed for the Pro Cycle Challenge for a total stimulus funding of $100,000. Council
previously approved this request and this is the formal appropriation. The $12,000 is for summer mall
entertainment which Council previously approved for 2011. Staff is requesting this become ongoing
funding. These requests will be funded from the General Fund cash reserves.
Recreation - The Recreation Department request totals $10,000. This request is for youth
scholarships funded by donations. See the memo for additional details on the request.
Aspen Ice Garden - The Aspen Ice Garden Department request totals $15,900. This funding
request is for electric charges paid to the City of Aspen which have not been previously charged. This is
a partial year request and the full amounts were included in the 2012 budget development process.
New Requests All Other Funds
Wheeler Opera House Fund - The Wheeler Opera House Fund request totals $665,000. This
funding request is for the Lease Space Renovation bringing the project total to $2.9 million. Council
previously approved this request and this is the formal appropriation. See the memo for additional
details on the request.
City Tourism Promotion Fund - The City Tourism Promotion Fund request totals $22,320. This
funding request is to complete a full repayment to the City of Aspen for an $80,000 loan given to ACRA.
This request is funded by the lodging tax collection being higher than the budgeted amount in 2010.
Transportation Fund - The Transportation Fund request totals $67,130. This funding request is
for the City's portion of a FASTER grant that funds ITS services on non -BRT buses. The system will be
installed on the City's fleet: 10 buses and six shuttles. The total cost of the system is $363,636. See the
memo for additional details on the request.
Housing Development Fund - The Housing Development Fund request totals $115,000. This
request is for securing completion of civil construction, hot water mechanical system commissioning
and pump and design changes, completion of committed improvements and additions to Phase 1
related to the density increase agreements, and subsidies to the HOA for damages to site
improvements. This request is funded by Housing Development's cash reserves. See the memo for
additional details on the request.
Kid's First Fund - The Kid's First Fund request totals $108,600. This funding request is for grant
funding for RRRECC. Grants were higher than anticipated. See the memo for additional details on the
request.
Parks and Open Space Capital Fund - The Parks and Open Space Capital Fund request totals
$6,710. This funding request is for the East of Aspen Trail project and is funded by a County
reimbursement.
Truscott Housing Fund - The Truscott Housing Fund request totals $15,000. This funding
request is for expenses resulting from higher than anticipated turnover and contracted labor. Expenses
such as snow removal and landscaping exceeded budget. This request will be funded by the Truscott
Fund's cash reserves. See the memo for additional details on the request.
Marolt Housing Fund - The Marolt Housing Fund requests total $50,000. The $20,000 request is
for increased utilities from higher than expected occupancy. This is an ongoing request. $30,000 is
requested for increased services from higher than expected occupancy. This is an ongoing request.
These requests will be funded by the Marolt Fund's cash reserves. See the memo for additional details
on these requests.
Asset Management Fund The Asset Management Fund requests total $187,900. The $54,000
funding request is for the replacement of the Marolt Housing road. The road was damaged during the
2007/2008 winter season when the Marolt Open Space was needed for snow storage. This request will
be funded from the Street Department's savings. The $133,900 funding request is for the two boilers
at the Red Brick. Council previously approved this request and this is the formal appropriation. This
project is funded by a building contingency fund of the Red Brick Council for the Arts. See the memo
for additional details on the request.
Technical Adiustments
Technical adjustments include accounting transactions needed to administer decisions made by
City Council or City policy, formal appropriations of previously approved projects and oversights in
budget entry. The technical adjustments in this packet total $550,290. The details related to these
adjustments can be found on Attachment C.
ORDINANCE NO.
(Series of 2011)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN
FUND EXPENDITURES OF $187,900, AN INCREASE IN THE GENERAL FUND OF $278,280,
AN INCREASE IN THE WHEELER OPERA HOUSE FUND OF $665,000, AN INCREASE IN
THE CITY TOURISM PROMOTION FUND OF $22,320, AN INCREASE IN THE
TRANSPORTATION FUND OF $67,130, AN INCREASE IN THE HOUSING DEVELOPMENT
FUND OF $115,000, AN INCREASE IN THE KIDS FIRST FUND OF $108,600, A DECREASE
IN THE STORMWATER FUND OF $500,000, AN INCREASE IN THE PARKS AND OPEN
SPACE CAPITAL FUND OF $6,710, A DECREASE IN THE ELECTRIC UTILITY FUND OF
$200,000, AN INCREASE IN THE PARKING FUND OF $100,000, AN INCREASE IN THE
TRUSCOTT HOUSING FUND OF $15,000, AN INCREASE IN THE MAROLT HOUSING FUND
OF $50,000, AND AN INCREASE IN THE HOUSING ADMINASTRITION FUND OF $26,800.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current year
revenues and /or unappropriated prior year fund balance available for appropriations in
the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND, WHEELER
OPERA HOUSE FUND, CITY TOURISM PROMOTIONAL FUND, TRANSPORTATION FUND,
HOUSING DEVELOPMENT FUND, KIDS FIRST FUND, STORMWATER FUND, PARKS AND
OPEN SPACE CAPITAL FUND, ELECTRIC UTILITY FUND, PARKING FUND, TRUSCOTT
HOUSING FUND, MAROLT HOUSING FUND, AND HOUSING ADMINISTRATION FUND.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
must be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and /or prior
year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN FUND,
GENERAL FUND, WHEELER OPERA HOUSE FUND, CITY TOURISM PROMOTIONAL FUND,
TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND, KIDS FIRST FUND,
STORMWATER FUND, PARKS AND OPEN SPACE CAPITAL FUND, ELECTRIC UTILITY FUND,
PARKING FUND, TRUSCOTT HOUSING FUND, MAROLT HOUSING FUND, AND HOUSING
ADMINISTRATION FUND. The City Council hereby makes supplemental appropriations as
itemized in the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion thereof.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND /OR POSTED ON
FIRST READING on the 14th day of November, 2011.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 28th day of November, 2011.
ATTEST:
Kathryn 5. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to Form:
John Worcester, City Attorney
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City of Aspen Attachment B
2011 Supplemental Budget
New Funding Requests All Requests are one - time unless otherwise noted.
Department / Fund New Request Description Amount Subtotal by
Dept.
... ,. _ .:m ..
City Contributions m "''. _
001.02.04300.84145 This is formal appropriation of the Council approved American Airline contribution. 550,000
Subtotal, City Contributions $50,000
Building
001.21.210000.82999 Legal counsel for the criminal defense of former City/County building inspector. The 550,000
approved funding of 5100,000 has been used; additional funding is required for legal
counsel expenses.
Subtotal, Building 550,000
Environmental Health
001.25.25500.80012 EH is unable to absorb the cost of living increase adjustment in their 2011 operational 52,600
budget this request brings payroll inline with COL increase.
001.25.25500.82999 EH is requesting funding to pay the County for yard waste pick up at the RIO Grande 53,750
Recycle Center. See memo for additional details.
001.25.25500.82xxx 183xxx EH is requesting funding to implement the new bag ordinance. This request is offset by $60,000
the fee collections in 2012 and 2013. See memo for additional details.
Subtotal, Environmental Health 566,350
Police
001.31.31200.80040 Grant funded overtime for DUI enforcement shifts. This request is 100% grant funded. $9,600
001.31.31200.80040 Request is for " rent -a- cop" reimbursement for the American Idol event at the Aspen $1,520
Meadows earlier in 2011. This request is 100% offset by a contract for service from the
Aspen Meadows.
Subtotal, Police $11,120
Special Events
001.70.71729.82900 This is formal appropriation of Council approved mall entertainment in 2011. Staff is 512,000
asking Council to approve this entertainment as an ongoing request.
001.70.71727.82900 This is formal appropriation of the approved funding for the Pro cycling Challenge. $40,000
Invoices are still coming in, this is the maximum funding needed to close out the event.
Subtotal, Special Events 552,000
Recreation Department
001.71.71400.84311 Youth scholarships funded 100% by donations from the Elks Lodge and Thrift Shop in the $10,000
amounts of 57,000 and $3,000 respectively. See memo for additional details.
Subtotal, Recreation Department $10,000
Aspen Ice Garden
001.74.'.82222 All City of Aspen facilities are now paying for electric and water utilities starting in 515,900
November of 2011. This requests is needed to pay these expenses for the remainder of
the year. Starting in 2012, the additional costs are built into the operational budget for
the Recreation Department.
Subtotal, Aspen Ice Garden $15,900
Subtotal, General Fund $255,370
WheelerUpera flDdaa Fupd . . _... . �., .� - .: ' .; ; :
120 94 94292.86001 Formal appropriation of additional funding for the Lease Space Renovation approved at 5665,000
the August 1, 2011 work session. See memo for additional details.
Subtotal, Wheeler Opera House Fund $665,000
CityTourhm Promotion Fund : = -
130.00.19000.82025 ACRA is repaying a 580,000 loan received in 2009 in full. This payment is funded 100% $22,320
from the dedicated lodging tax collections in 2010 and 2011.
Subtotal, City Tourism Promotion Fund $22,320
Transportation Fund
141.94.94648.86001 RFTA received a 51 million FASTER grant to implement ITS services on non -BRT buses 567,130
and to coordinate procurement and implementation with other transit agencies in the
region including ECO Transit, Glenwood Springs, The Town of Snowmass Village, the City
of Aspen, and RFTA. About 10 buses and 6 shuttles in the City of Aspen Fleet will be
outfitted with the AVL /CAD system The key objectives of this ITS system are to improve
efficiency, better monitoring of system performance, providing safe, convenient,
reliable, and user friendly transit services. The total cost of the system for Aspen's fleet
is 5363,636. The City of Aspen will only pay the local match on the grant of 567,130. See
memo for additional details.
Subtotal, Transportation Fund 567,130
City of Aspen Attachment B
2011 Supplemental Budget
New Funding Requests All Requests are one -time unless otherwise noted.
Department / Fund New Request Description Amount Subtotal by
Dept.
Housing Development Fund i .'
150.23.2312136001 Staff recommends appropriation from the Housing Development Fund's fund balance for $115,000
securing completion of civil construction, hot water mechanical system commissioning
and pump and design changes, completion of committed improvements and additions to
Phase 1 related to the density increase agreements, and subsidies to the HOA for
damages to site improvements. See memo for additional details.
Subtotal Housing Development Fund $115,000
Kids FGSt Fund
152.26.26200.84729 Grant funds from the State of Colorado Statewide Strategic Use Fund (SSUF) were $108,600
awarded and paid at a higher rate than we anticipated; we are asking for budget
authority to spend these funds for the purpose they were awarded. The RRREDC section
of the Kids First fund is all outside grant funding; expenditures and revenues are equal.
The fiscal year for the state is Julyl- June 30 so often these funds are awarded after our
budget is set for the year. This request will allow us to spend the amount equal to the
amount of revenues received for this program. See memo for additional details.
Subtotal, Kids First Fund: $108,600
Parks and Open Space Capit4 Fund `� ' .
340.94.81156.86001 East of Aspen Trail project is a joint City/County project. The project was completed in $6,710
July of 2011. The project ran over budget by $6, 710; this overage will be 10056 paid far
by a County reimbursement of these expenses.
Subtotal, Parks and Open Space Capital Fund $6,710
Truscott Housing Fund 1 i ^ r ` ..
491.01.45042.82999 Truscott has experienced a high volume of turnover this year. Turnovers create $15,000
additional expenses from sub contracted labor. Truscott also contracted out snow
removal and landscaping in 2011. See memo for additional details.
Subtotal, Truscott Housing Fund $15,000
Marolt H ousin g Fund .. _ - ' °i+ a_,.
492.01.45041.82222 Winter 2010 -2011 occupancy levels exceeded expectations by 3856. This increased $20,000
occupancy resulted in higher turnover and maintenance costs. Staff is requesting to
increase utility levels to equal occupancy levels. This is an ongoing request. See memo
for additional details.
492.01.45041.82999 Winter 2010 -2011 occupancy levels exceeded expectations by 3856. This increased $30,000
occupancy resulted in higher turnover and maintenance costs. Staff is requesting to
increase service levels to equal occupancy levels. This is an ongoing request. See memo
for additional details.
Subtotal, Marolt Housing Fund $50,000
Asset Management Plan Fum1 ?; ' ' S. ..._ zE, ..
000.91.94643.86001 Council approved a contract of $ 133, 854.50 for with All Valley Maintenance and $133,900
Mechanical to replace the two boilers that serve the building. This project is 100%
funded by building contingency fund set up by the Red Brick Council for the Arts. This
request is for the formal appropriation of this funding. See memo for additional details.
000.41.93915.86001 Replacement of Marolt Housing Road. This road was damaged during the 2007 /2008 $54,000
winter season when Marolt Open Space was needed for snow storage. This road will be
repaved with 3" overlay which will improve the structural strength and resolve the load
issue on the road. This project is 100% funded from the Streets Departments
departmental savings.
Subtotal, Asset Management Plan Fund $187,900
Total New Requests All Funds: $1,493,030
Total New Requests After Offsetting Funding Source: $1,086,380
* Italics Indicates offsetting funding source
City Of Aspen Attachment C
2011 Technical Adjustments
Department /Fund Technical Adjustment Description Amount Subtotal
Gen eratFund `::. -f . ,...
001.25.25000.xxxxx Council approved the radon grant request in the 2012 522,910
budget development process. Due to the timing of the
grant staff is requesting the funding to be appropriated in
2011. The Environmental Health Department has received
a radon grant from the Colorado Department of Public
Health and Environment (CDPHE) to educate citizens on
how to remediate their home for radon, whether it is a
single family home or multi - family complex. All costs will
be 100% reimbursed by CDPHE.
001.41.41000.88900 Moving funds from Street's departmental savings to the (554,000)
transfer line item to pay for re- pavement of the Marolt
Housing Road.
001.95.00000.95000 Transfer from the General Fund to the AMP Fund to fund 554,000
the repaving of Marolt Housing Road. This project is 100%
paid for by the Street Departmental savings.
Subtotal, General Fund 522,910
Stoimwater Fund ' .
160.94.94123.86001 2011 Water Quality Wetlands project has been combined ($500,000)
with the Parks RIO Grande Park Improvement Project. This
project is now budgeted in total in the Parks and Open
Space Fund and funded with a transfer from the
Stormwater Fund for their portion of the project.
Subtotal, Stormwater Fund (5500,000)
Par Fund
451.94.81153.86001 5100,000 of the 51,025,000 that was approved in the 2012 5100,000
budget development work sessions is requested to move
up to 2011. The total of the Galena Street Plaza has not
changed only the timing of work. See memo for additional
details.
Electrit .: ......
Subtotal, Water Fund 5100,000
431.95.00000.95001 Reduction in the franchise fee transfer from the Electric ($200,000)
Fund to the General Fund. Council approved this
reduction in the 2012 budget development work sessions
until 2016.
Subtotal, Electric Fund (5200,000)
Houshig'Administratjon Fund
620.95.00000.95492 5% of rent is paid to the Housing Administration Fund on a 526,800
yearly basis. In 2010, rental income was sufficiently lower
than the 2010 budget resulting in overpayment in 2010.
These funds will be transferred back to the Marolt Housing
Fund.
Subtotal, Housing Administration Fund $26,800
Total Technical Adjustment All Funds: ($550,290)
Attachment D
2011 INTERFuNDIRIOISFERS
Transfer From Transfer To Transfer Amount ?prongs. of Interfund Tr tgiskg
Wheeler Opera House Fund $88,490 Red Brick West End Project 10 Yr IF Loan
Information Technology Fund $74,440 Fund Capital Projects Transferred to Fund
Debt Service Fund 5926 Series 2005- STRR - AMP's Portion
Subtotal, Transfers $256,570
001 Genneral Fund
Information Technology Fund 5849,040 IT Overhead Payment
Information Technology Fund 5112,450 Fund IT Accumulated Departmental Savings
Information Technology Fund 525,830 Departmental Savings to Pay for Capital Project
AMP Fund 521,000 Police Dept. Savings to Pay for Detective Vehicle
AMP Fund 554,000 , Street's Savings to Pay for Marolt Road Repair
Parks and Open Space Fund 557,540 Partial Subsidy of Food Tax Refund
Employee Housing Fund 5240,000 City of Aspen Affordable Housing
Subtotal, Transfers 51,359,850
100 - Parks and Open WactrReat ,
Parks and Open Space Capital Fund 51,615,320 Capital Projects
Debt Service Fund 5837,400 Parks 2005 Open Space Bonds
Debt Service Fund 5537,130 2001 Sales Tax Revenue Bonds
Debt Service Fund 5290,690 2009 Sales Tax Revenue Bonds (Refunding '01)
Debt Service Fund 5950,730 Series 2005- STRR - Park's Portion
Golf Course Fund 5146,020 Series 2005- STRR - Golf s Portion
General Fund 56,970 Central Savings
General Fund 5884,110 Overhead Payment
Information Technology Fund 5100,840 IT Overhead Payment
Employee Housing Fund 563 860 City of Aspen Affordable Housing
Subtotal, Trannfers 55.433,070
2207 WIS& Opera House Fund
Employee Housing Fund 573,120 City of Aspen Affordable Housing
General Fund $8,970 Central Savings
General Fund 5353,960 Overhead Payment
Information Technology Fund 568,790 IT Overhead Payment
Subtotal, Transfers 5504,840
543, ..arampeatatlee Fund
Employee Housing Fund 58,440 City of Aspen Affordable Housing
General Fund 57,190 Central Savings
General Fund 573,980 Use Tax Positions
General Fund 5164,030 Overhead Payment
Information Technology Fund $24,720 IT Overhead Payment
Subtotal, Transfers 5278,350
150 Housing Oeve)opment tund
Housing Administration Fund 5188,940 Operations Subsidy (50% of total)
General Fund 5355,740 Overhead Payment
Information Technology Fund 516,480 IT Overhead Payment
Truscott Housing Fund 5709,590 Truscott I, 2001 Housing Bonds Subsidy
Parks and Open Space Fund flA1Q Percentage of Food Tax Refund
Subtotal, Transfers 51,285,160
552 -we rintawal
General Fund 5117,480 Overhead Payment
General Fund 53,430 Central Savings
Information Technology Fund 530,300 IT Overhead Payment
Employee Housing Fund 515,440 City of Aspen Affordable Housing
Parks and Open Space Fund $17,610 Percentage of Food Tax Refund
Subtotal, Transfers 5184,260
160 Stofm*atet Fund
General Fund 5145,970 Overhead Payment
General Fund 512,670 Central Savings
Parks and Open Space Capital Fund 5100,000 Joint Capital Project - Stormwater Ponds
Information Technology Fund 53,790 IT Overhead Payment
Employee Housing Fund 59,160 City of Aspen Affordable Housing
Water Utility Fund $45.000 Payback Start Up Costs
Subtotal, Transfers $315,590
421-Water Marty Fund . . .
General Fund 5524,970 Overhead Payment
General Fund 526,470 Central Savings
Information Technology Fund 5139,800 IT Overhead Payment
General Fund $1,000,000 Operations Facilities Land
Employee Housing Fund 5128,550 City of Aspen Affordable Housing
Parks and Open Space Fund 5150,000 Water Usage Conservation Program
Attachment D
_ 2071 INTERFUND TWWSFERS Transfer From Transfer TO Transfer Amount purpose of interfund Transfer
Renewable Energy Fund 52 802,030 Raw Water and Drainline /Penstock Projects
Subtotal, Transfers 54,771,820
433 El ect& U teR'y : FYnd „ „ . .`
Renewable Energy Fund 5426,640 Purchase of Hydroelectric Power
Renewable Energy Fund 5110,000 Purchase of Hydroelectric Power
General Fund 5223,090 Overhead Payment
General Fund 56,350 Central Savings
Information Technology Fund 510,040 IT Overhead Payment
Water Utility Fund 5183,580 Electric Utility portion of Utility Billing Services
Water Utility Fund 5116,480 1/2 of Global Warming Program
Employee Housing Fund 515,440 City of Aspen Affordable Housing
.....
General Fund . - $350 `= Franchise Fee
Subtotal, Transfers 51,341,620
444 Renew;biflu tgy Fund .. .. .
General Fund 533,910 Overhead Payment
Employee Housing Fund 14,n0 City of Aspen Affordable Housing
Subtotal, Transfers 538,490
451 Paddngiued .
General Fund 5345,030 Overhead Payment
General Fund 53,040 Central Savings
Information Technology Fund $54,730 IT Overhead Payment
Employee Housing Fund 540,520 City of Aspen Affordable Housing
Transportation Fund 5550.000 Transportation Fund Subsidy
Subtotal, Transfers $993,320
411 - GO1[ LYYrFe FUA4 .. .
General Fund 5169850 Overhead Payment
General Fund 52,480 Central Savings
Information Technology Fund 520980 IT Overhead Payment
Parks and Open Space Fund 524,660 Repayment of Golf Start Up Funding - IF loan
Employee Housing Fund 521,680 City of Aspen Affordable Housing
Subtotal, Transfers $247,650
491 - Truscott H011d11g Fund' ...
Housing Administration Fund 549,230 Overhead Payment
General Fund 558,500 Overhead Payment
Employee Housing Fund an) City of Aspen Affordable Housing
Subtotal, Transfers $113,250
492; - Maroit Housing Wnd ,.
General Fund 549,870 Overhead Payment
Information Technology Fund 53,790 IT Overhead Payment
Housing Administration Fund 531,850 Overhead Payment
Employee Housing Fund $4,510 City of Aspen Affordable Housing
Subtotal, Transfers $90,020
510 lnformatbnTedmo(ogy Fund _ , ,,
General Fund 5260,590 Overhead Payment
Funds 5729,870 Capital Projects - Double Budgeted
Funds 564,610 Capital Projects - Double Budgeted - lst Ord.
AMP Fund $89,460 Capital Projects - Double Budgeted - lst Ord.
Employee Housing Fund 533,770 City of Aspen Affordable Housing
Subtotal, Transfers $1,178,300
620 - kousingAdminispflgn Fund
General Fund $73,760 Overhead Payment
Marolt Housing Fund '+` Over Payment of 5% of Rent in 2010
Employee Housing Fund 947.920 City of Aspen Affordable Housing
Subtotal, Transfers 5148,440
622.. Smuggler Housing !taxi
Housing Administration Fund 52,390 Overhead Payment
General Fund $15,470 Overhead Payment
Subtotal, Transfers 517,860
._.. ..... _ _.. ...___ ...._.. _..
501 -Health lnsWabkE Fund .':� ... - :-
Employee Health Insurance Fund $3,341,490 Employee Health Insurance Premiums
Subtotal, Transfers $3,341,490
2011 TOTAL INTERFUND TRANSFERS $21,901,010
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Cantrell, Sr. Environmental Health Specialist
THRU: Lee Cassin, Environmental Health Director
DATE OF MEMO: October 20, 2011
MEETING DATE: November 14, 2011
RE: Supplemental Funding Request: Rio Grande Recycle Center
Yard Waste Bin Pick -Up
REQUEST OF COUNCIL: Environmental Health is requesting $3,750 of fall supplemental
funding to cover the expense of having the County pick up grass and leaves at the Rio Grande
Recycle Center.
PREVIOUS COUNCIL ACTION: In 2005, the city adopted a recycling ordinance that
prohibited putting grass and leaves in trash containers and required them to be composted,
mulched, or taken to the landfill for composting.
BACKGROUND: In previous years, the County picked up grass and leaves at the Rio Grande
Recycle Center as well as other recyclable materials at no cost to the City. With no notice, the
County began charging the City for grass and leaf bin pickup in mid 2011.
DISCUSSION: When the recycling ordinance was enacted, residents demanded a convenient
in -town location to drop off grass and leaves during the spring and fall clean up seasons. As a
result, the grass and leaf bin fills up more than once per week (especially in the fall). Staff feels
it is important to continue to offer this service for residents. In an effort to keep costs low,
Environmental Health is closely monitoring the Rio Grande center to catch illegal dumping of
yard waste by commercial landscape companies. This bin is only available for use by residents.
FINANCIALBUDGET IMPACTS: As directed by the City Manager, Environmental Health
is now paying the County directly for their service. It is estimated that 250 pickup trips will be
required between part of the spring season and all of the fall season; each trip costs $15, for a
total cost of $3,750. This is a one -time request because the County began charging the City in
mid 2011. A separate on -going supplemental request has been submitted for budget year 2012
which will cover a full year's charges.
ENVIRONMENTAL IMPACTS: The in -town grass and leaf drop off location is beneficial
because it helps residents avoid driving to the landfill to drop off their leaves, which would
Page 1 of 2
create air pollution and be in conflict with other City goals. Composting leaves helps extend the
life of the landfill and diverts what has historically been the second- largest source of volume at
the landfill (after construction waste).
RECOMMENDED ACTION: Staff recommends a budget supplemental in the amount of
$3,750 to cover the expense of having the County pick up grass and leaves at the Rio Grande
Recycle Center.
ALTERNATIVES: If Council does not approve the supplemental funding, the Environmental
Health Department will go over budget as invoices from the County have already been paid.
CITY MANAGER COMMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Cantrell, Sr. Environmental Health Specialist
THRU: Lee Cassin, Environmental Health Director
DATE OF MEMO: November 21, 2011
MEETING DATE: November 28, 2011
RE: Supplemental Funding Request: Single Use Bag Ordinance
Implementation Funds
REQUEST OF COUNCIL: Environmental Health is requesting $60,000 of fall supplemental
funding to cover the expense of implementing the new bag ordinance. A portion of this funding
will be used in 2011 to begin implementation and the bulk of the funding will be carried forward
to 2012. These funds will be reimbursed in 2012 and 2013 once the City begins collecting paper
bag fees.
PREVIOUS COUNCIL ACTION: On October 11, 2011 City Council adopted the Waste
Reduction Ordinance, requiring grocers to charge a $0.20 fee for paper bags and prohibiting the
distribution of plastic bags.
DISCUSSION: Beginning May 1, 2012 grocers will begin collecting $0.20 for paper bags. The
majority of this fee will be paid to the City each month. Before May 1, 2012, staff will spend 4 -6
hours each week working with hotels, grocers, CORE, the community, and other entities to
prepare for the May implementation date. Environmental Health will need funds to create
outreach materials, signs, newspaper ads, and radio ads. In addition, staff will need to purchase
reusable bags and design an education program for rental properties and hotels. These outreach
efforts will be vital to the success of the program. Without early education and ongoing efforts to
reach out to both visitors and locals, the Waste Reduction Ordinance will not have the desired
impact.
FINANCIAL/BUDGET IMPACTS: Approximately $10,000 will be expensed in 2011 on staff
time and designing the outreach campaign. The remaining amount will carry forward into 2012.
Revenues are expected to cover these costs, but will not be received until May. Refer to
attachment A for a detailed budget. This is a one -time request because the bag outreach program
will be self - funding after May, 2012.
ENVIRONMENTAL IMPACTS: The passage of the Waste Reduction Ordinance will have
lasting positive effects on the Roaring Fork Valley's environment by reducing waste, pollution,
Page 1 of 2
energy use, and wildlife hazards. However, without proper education and outreach, the ordinance
could cause confusion and lack of compliance.
RECOMMENDED ACTION: Staff recommends a budget supplemental in the amount of
$60,000 to cover the expense of implementing the Waste Reduction Ordinance, all of which will
be reimbursed to the fund with revenues collected starting in May of 2012.
ALTERNATIVES: If Council does not approve the supplemental funding, the Environmental
Health Department will not be able to conduct outreach and education, which would create
confusion and frustration by customers once the ordinance is in place.
CITY MANAGER COMMENTS:
Attachment A: Funding Needs for Bag Ban Implementation
Bags for locals $3000 ($3/bag estimated)
Bags for hotels and rental properties $28,000 (could be sold to recoup some costs)
Radio Ads $6,000
Newspaper Ads $8,000
Bag bins for distribution and collection $2,000
Signs for parking lots and stores $2,000
Stickers, hanger cards, magnets, etc. $1,500
Mail campaign $2,640
Services and Supplies Total $53,140
Staff Time
400 hrs $17/hr. $6800
Total $59,940
Page 2 of 2
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
THRU: DON PERGANDE, FINANCE DEPARTMENT
DATE OF MEMO: OCTOBER 21, 2011
MEETNG DATE: NOVEMBER 14, 2011
RE: SUPPLEMENTAL APPROPRIATION
Request of Council: Staff is requesting the appropriation of expenditures within the Recreation
Division's budget in the amount of $10,000 for youth scholarships. These scholarships are offset
by donations from the Elks Lodge and Thrift shop in the amounts of $7,000 and $3,000
respectively.
Background: Both the Elks and the Thrift Shop are quite generous in helping the Recreation
Division with youth scholarships each year. Until we know what the donation amount is, we are
unable to budget accordingly as the number can fluctuate from year to year.
Discussion: These scholarships are used to enable youth who might otherwise be unable to
participate in youth recreation programs due to financial hardships of the parents. Each
organization is very generous in helping the Recreation Division and these youth in being able to
access youth recreational programs provided through our organization.
Financial/Budget Impacts: There are no real impacts as the expenditures of $10,000 are offset
by donations in the same amount. The spending authority must be approved by City Council.
Recommendation: Staff recommends the approval of such funding so that donations received
from these two local organizations may be utilized for their intended purpose of youth
scholarships.
Peso si
MEMORANDUM
TO: Mayor and Council
FROM : Steve Bossart, Jeff Pendarvis Capital Asset Project Managers
THRU: Scott Miller, Capital Asset Director
DATE: August 1, 2011
13. 43 , pA MenTh ai
RE: Wheeler Opera House 2011 Remodel — Budget Authority and Contracts
SUMMARY REQUEST:
1. Staff requests City Council's approval to increase overall budget authority by $665,000
from $2,230,000 to $2,895,000 for completion of the project.
2. Approval to issue a "Notice to Proceed" on Phase 2 of the Wheeler Renovation Contract
with Aspen Construction Inc. (ACI), An increase of $322,526.37 for construction from
$1,995,734 to $2,318,260.37.
3. Approval to increase Design Contract with the team of Mills + Schnoering. An increase
of $105,500 for design and engineering from $211,100 to $316,600.
4. Approval of an increase for contingency and staff project management costs of
$236,973.63 as part of the overall budget supplemental request.
Revised Proiect Budget as of August 1, 2011
Budget Line Items May Budget Increase Current Budget
Aspen Constructors 51,995,734.00 $322,526.37 52,318,260.37
Design & Engineering $211,100.00 $4,500,00 $3117;600.00
Other:ACI
PreCon /Contingency /legal /testing /staff $23,166.00 $236,973.63 _ $260,139.63
total $2,230,000.00 $665,000.00 $2,895,000.00
EXECUTIVE SUMMARY
Exposure of actual conditions, plus lease refinements directed by City Council, effectively
changed the one original renovation project into three:
• Original basement /restaurant /retail renovation. This part of the project is under
budget. This is a direct result of the collaborative process as part of the Integrated
Project Delivery (IP») model.
1
•
• Lessee negotiations: additional design and engineering, range hood and duct, retail
modification including mechanical, electrical and plumbing.
• Replacements of the HVAC system for the Wheeler 2 floor lobby/bar, 2" and 3"
floor back of house, not included in the original scope of work.
While the new design and budget are greater than initially projected, the project
provides the City with a much improved and more efficient operating system, while
significantly reducing potential life safety and building safety hazards.
Demolition work on the Wheeler first floor and basement began well ahead of schedule in early
June, in order to better ensure that all spaces would be completed and open well in advance of
the busy holiday schedule. Once demolition reached a point that existing conditions were
revealed so that engineers and designers could finalizes scope and budget, all principals
associated with this project quickly realized that there would be significantly more work required
for the project, specifically related to design flaws and construction execution from the 1983 -84
renovation:
Exposing and revealing the existing conditions in the building also clarified and confirmed that
the HVAC system, which from this location serves the entire building (except the theater
auditorium), was past its useful life and should be replaced. Additionally, the reconfiguration of
the new kitchen requires a pathway for the ventilation system that necessitates removal of the
existing HVAC system.
This phase of demolition allowed the engineering and design work to be completed by our IPD
team (FMG, R &B, REG, BE), then ACI and the subcontractors were able to finalize the budget.
The total of the construction costs has been revised to $2,318,26037.
These scope clarifications along with additional concessions made to the tenants at Council's
direction (vent hood), plus the need to replace the HVAC system that is past the end of its useful
life have caused the need to increase the overall scope and budget of the project, and result in
requested project budget authority of $2,895,000,00.
Staff noted in the spring of 2011 that the budget had not been finalized.
"The current budget is $2.23 million. The Preliminary budget is being developed by the team
and may exceed $2.5 million, depending on direction from City Council. A scope change would
require additional funding in the future to complete the project " - Spring 2011 carry forward
request.
The Wheeler Renovation Project may be considered as three separate projects:
1. The original project scope for basement and I floor remodel.
2. Tenant concessions identified during Council deliberation of lease terms.
3. HVAC system replacement needed due to deficiencies in the HVAC system serving the
Wheeler 2 floor lobby/bar, 2 " and 3rd floor back of house.
2
• Staff recommends proceeding with all three aspects of this project as the most efficient and cost -
effective approach.
BACKGROUND
• The Integrated Project Delivery Construction Manager /General Contractor (IPD
CM/GC) approach used in this project has worked in early identification of serious
age - related defects in the Wheeler's overall mechanical system, that were significant
potential risks to the building and occupants. While this results in a current budget
increase, it avoids periodic and continuing demolition, repair, and replacement of
HVAC components for many years into the future. Further, this will have a very
positive impact on energy usage at the Wheeler. We have started conversations with
CORE, as this type of project is a viable candidate for REMP grant funding.
• Projects are governed by three primary parameters — cost, scope, and time, all with an
effect on quality. Time has been a key restraint in the Wheeler renovation with a
specific start and target finish date.
• The Phase 1 demolition portion is projected to come in with 10% savings, but the
demolition of the mechanical mezzanine revealed unforeseen conditions in the
mechanical systems from the 1984 remodel, and nearly three decades of wear, repair,
and modification causing the IPD team to reevaluate its approach for building
preservation, higher energy efficiency and safety
• Once ACI was selected, they produced subcontractor -based cost information on what
could best be estimated from assumptions and given limited ability for full
exploration of existing conditions, acknowledging that the Wheeler is 122 years old
and has undergone numerous system changes and alterations. Key findings by the
MEP (Mechanical Electrical & Plumbing) engineer, REG (Resource Engineering
Group) are briefly listed here: (see attached letter dated 7 /19/2011)
o All of the existing equipment located on the mezzanine level above the retail
space was discovered to be at or beyond the end of its useful service life.
o Multiple layers of retrofits and changes make the equipment nearly
impossible to properly service.
o Outside air pathway is undersized for effective operation — this resulted in
back- drafting of kitchen smells into other areas and inadequate air for other
ventilation units depending on operating hours — much of the ductwork had
been abandoned and other airways were restricted with no access for
inspection and maintenance (see photos).
o No exhaust air pathway — the system relied on leaks in the building
envelope itself — as improvements are made to floor systems and sound
proofing, this approach would•become more problematic.
o Early in the design it was assumed to be possible to re -use existing 2 and
third level equipment and ductwork in the mechanical loft (which serve
the 2 floor lobby/ bar, hallways, and back of house areas (these areas
were outside the outside the original scope of this project) — once
demolition revealed its real condition and routing it was determined almost
3
impossible to re-use the equipment and ducting — to do so was deemed
possibly even more costly.
o Many of these issues are potential building and life safety issues as well as
comfort and efficiency concerns.
o The revised design layout increased system costs by roughly 5 %, and HVAC
equipment costs by roughly 30%
o The new design will run more efficiently:
• The economizer will reduce operation of the roof mounted chiller
which currently runs year round — lack of economizer capabilities in
the current system caused the previous chiller to run year round, with
high energy use and caused its premature failure and emergency
replacement in May of this year
• Variable fan speed will result in year -round energy savings
• Variable control of each zone will allow for greater comfort with
independently adjustable supply temperature, and better efficiency
• The new equipment will provide a long and efficient lifespan
versus continued patching, repairs, and near term replacement
• Trane equipment was selected for the replacement chiller. The IPD team investigated
other manufacturer options for this work scope. Some initial cost benefits were
projected, but consistency of equipment and controls, plus future manufacturer
conflict potential led us back to Trane.
• Budget discrepancies, once identified, can be approached in two ways. One is to scale
down the design approach, and the other is to increase the budget.
• The team evaluated where some reductions might be taken. The design and finish of
the basement space is intentionally spare but workable. There are no extravagances or
areas for significant savings.
• The original project evolved to incorporate two additional components; HVAC
elements serving a significant portion of the greater Wheeler building, and refined
improvements to tenant spaces.
• Under the City's Integrated Project Delivery (IPD *) method, ACI was selected and
contracted for preconstruction services in the amount of $10,700.00. During the pre -con
period ACI offered alternative methods and suggestions on means, which reduced costs
and successfully accelerated schedule performance.
( *The Integrated Project Delivery (IPD) approach is the end result of the 2009
Construction Experts /Citizen Task Force/Staff recommendations, where the constructor
is selected through an early competitive bid process coinciding with conceptual design.
Benefits are added value to the City through the professional contractor
recommendations on methods and means, consequential cost reductions, and reduction in
construction period change order. This delivery methodology recognizes the positive
contributions of professional construction input and estimating early in design. This
concept has been in use in various versions and descriptions for many years, and is a
desirable approach in identEyingproblems, solutions, and alternative methods long
before commencement of construction work City of Aspen experience has proven this
method valuable in reducing construction period changes and cost increases. This
4
Council, this work was suspended and Council directed Wheeler and City staff to conduct an
updated comprehensive, third -party needs assessment at the earliest opportunity.
In September 2010, Wheeler and Capital Asset staff and Webb Management Services delivered
the fmal report on the needs assessment study. Council subsequently recommended that staff
continue the evaluation of future altemate sites, but proceed immediately with design and
planning of remodel work to the existing Wheeler basement office shop and storagespaces and
to the first floor restaurant and retail space. Council approved a continuation of the existing
design team contract, and the addition of a CM/GC at Risk (Construction Manager /General
Contractor) to the design and planning effort.
An RFP for the CM/GC was issued. A number of candidates were reviewed for proposed fees
and qualifications. Aspen Constructors Incorporated (ACI) was selected based on a combination
of fees, experience in the downtown core, experience with core historical buildings, retail and
restaurant work, and references. Since then, ACI has been an integral team member as design
proceeded, providing the cost and time saving recommendations the IPD (Integrated Project
Delivery) method intends.
• The Integrated Project Delivery (IPD) approach is the end result of the 2009 Construction
Experts/Citizen Task Force /Staff recommendations, where the constructor is selected through an
early competitive bid process coinciding with conceptual design. Benefits are added value to the
City through the professional contractor recommendations on methods and means, consequential
cost reductions, and reduction in construction period change orders.
The CM/GC concept is similar to the Council and community recommended IPD (Integrated
Project Delivery) program in that it recognizes the positive contributions of professional
construction input and estimating early in design. This concept has been in use in various
versions and descriptions for many years, and is a desirable approach in identifying problems,
solutions, and alternative methods long before commencement of construction work. City of
Aspen experience has proven this method valuable in reducing construction period changes and
cost increases. The selection process considered the contractor's experience and capabilities,
evaluated fee structure, with the intent to roll the selected CM /GC directly into the construction
contract.
DISCUSSION: ACI has worked with the design team at length, providing recommendations
•
and methods to improve efficiency and costs. ACI together with the architects, Wheeler staff,
and Asset staff, has provided its own extensive subcontractor review and competitive bid
process. As a result we now have a strong owner /user /design/construction team ready to move
forward in the permitting, and demolition. The target completion date for the work is late
November 2011 to allow the tenants and the Wheeler staff time to move and open for the
holidays.
Aspen Constructors Incorporated was the unanimous selection by the evaluation team based on
their approach, fee structure, Aspen core area experience, and historical buildings. Their efforts
to date during the preconstruction design work and Phase 1 Demolition Phase have convinced us
we made a good selection and we recommend execution of the next stage construction contract.
6
The contract format is the AIA A195 Owner Contractor Integrated Project Delivery Contact. We
have worked with outside counsel as well as the City attorney in developing this procurement
methodology, and have experienced superior results.
FINANCIAL IMPLICATIONS: The preliminary budget for the renovation, including design,
staff costs, and other expenses was $2.23 million. The final Guaranteed Maximum Price (GMP)
is $2,318,260.37, reflecting completed design and mechanical decisions. The total revised budget
for the project is now $2,895,000. Funding for the $665,000 supplemental budget request is
available in the Wheeler Fund.
RESOURCE IMPLICATIONS: Proceeding with the CM/GC IPD process and executing the
proposed contract saves time and money by moving the competitive process to the front of the
delivery process. It also adds the contractor/builder expertise in developing more efficient means
and methods. Phasing the work scope in the proposed fashion allows work to commence and
occupancy to occur as soon as possible. As noted in the earlier contract memo, postponement
would increase alternate office rental expenses and eliminate rental revenues on the restaurant
and retail spaces during most if not all of the 2011/2012 winter season.
While the new design and budget is greater than initially projected, it provides the City with a
much improved and more efficient HVAC operating system, while significantly reducing
potential life safety and building safety hazards.
RECOMMENDATION: Staff recommends approval of the AIA A195 Owner Contractor
Integrated Project Delivery contract Change Order for the Wheeler CM/GC for the Phase 2
scope, approval of the Change Order for the Wheeler Design and Engineering Contract, and
approval of the $665,000 overall supplemental budget request.
ALTERNATIVES: the proposed CM/GC IPD project delivery approach is the only alternative
to accomplishing the project goals on time.
PROPOSED MOTION: I move to approve the proposed AIA A195 Owner Contractor
Integrated Project Delivery contract Change Order with Aspen Constructors Inc. and to approve
the $665,000 supplemental budget request.
CITY MANAGER COMMENTS:
Attachments:
A- Copy of signed contract change order
B- REG letter dated July 19, 2011
C- ACI photos — existing condition exposed during demolition
D- ACI —Phase 2 Budget Study
E- Mills Schnoering Budget breakdown
F- Wheeler Opera House Fund (120) spreadsheet
G- Internal expense tracking and summary by vendor
7
RESOLUTION # S 3
(Series of2011)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT CHANGE ORDER FOR
REMODEL WORK IN THE WHEELER OPERA HOUSE, BETWEEN THE
CITY OF ASPEN. AND ASPEN CONSTRUCTOR INC. AND AUTHORIZING
THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract change
order for remodel work in the Wheeler Opera House, between the City of Aspen
and Aspen Constructors Inc., a true and accurate copy of which is attached hereto
as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
Change Order for remodel work in the Wheeler Opera House, between the City of
Aspen and Aspen Constructors Inc. a copy of which is annexed hereto and
incorporated herein, 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 8` day of August 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, August 8, 2011.
Kathryn S. Koch, City Clerk
; r i ll T ®
'•AIA Document G701T" - 2001 .
Change Order
PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER:®
Wheeler Opera House 2011 Remodel DATE: August 8, 2011 ARCHITECT: Ei
320 Bast Hyman Avenue
Aspen, Colorado 81611 CONTRACTOR •
TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 21024 FIELD: ❑
Aspen Constructors, Inc. CONTRACT DATE: May 4, 2011 •
309 A.A.B.C., Unit G CONTRACT FOR: Integrated Project Delivery OTHER ❑
Aspen, Colorado 81611 .
THE CONTRACT IS CHANGED AS FOLLOWS:
( Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives)
Contractor shall construct the Project in accordance with the following revised Contract Documents: .
Wheeler Tenant Improvements -21024 Construction Documents, revised 8-3-2011 •
The original Contract Sum was $ 1,995,734.00
The net change by previously authorized Change Orders • $ 0.00
The Contract Sum prior to this Change Order was $ 1,995,734.00
The Contract Sum will be increased by this Change Order in the amount of $ 322,422.00
The new Contract Sum Including this Change Order will be $ 2,318,156.00
The Contract Time will be increased by Zero (0) days.
The date of Substantial Completion as of the date of this Change Order therefore is December 1, 2011.
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have
been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order Is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
Rowland +Broughton Aspen Constructors, Inc. City of Aspen
ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name)
117 South Monarch Street 309 A.A.B.C., Unit 0 130 South Galena Street
As. - Colorado 81611 As �,• .. n do 81611 Aspen, Colorado 81611
Ae,y S /
0 ADDRESS ADDRESS
r/
:: (Signature) ' BY (Signature) , BY (Signature)
Sarah Broughton, Principal Michael Tanguay, President Steve Barwick, City Manager
(Typed name) (Typed name) (Typed name)
August , 2011 August 1 , 2011 August , 2011
• DATE DATE • DATE
•
AIA Document G701" — 2001. Copyright ®1979, 1987,2000 and 2001 by The Av,Y.i7i' i Iin itu a el Architects. All rights reserved. WARNING: This NA
Document 1e protected by U.9. copyright Law end Mtematlonai images. Unauthorized reproduction or distribution ethic AIA Document, or any
portion of It, may result In severe clog and criminal penalties, and will be prosecuted to the maximum extent possible under 1' `w. This document was
produced by AIA software at 15:14:49 on 07/29/2011 under Ord sr No.2898613965 1 whkh expires on 04/1112012, and Is not for recite.
User Notes: (1889510510)
MEMORANDUM
TO: Mayor and City Council
FROM: John D. Krueger, Director of Transportation
THRU: Randy Ready, Assistant City Manager
DATE OF MEMO: October 19, 2011
MEETING DATE: November 14, 2011
RE: Transportation Department
2011 Supplemental Budget Request
Local Match for the Inter - Regional ITS Purchase &
Coordination Grant
REQUEST OF COUNCIL: Transportation Staff is requesting approval of this one -time 2011
supplemental budget request in the amount of $67,130 as the local match for the City of Aspen's
share of the Inter - regional ITS Purchase and Coordination FASTER grant. If approved, this
supplemental budget request will enable the City of Aspen to be part of the inter - regional ITS
improvements to be used by RFTA, ECO Transit, Snowmass Village, and Glenwood Springs.
PREVIOUS COUNCIL ACTION: Council has taken no previous action on this supplemental
budget request.
DISCUSSION: This year, RFTA solicited proposals to provide an Automatic Vehicle Location
( "AVL ") and Computer -Aided Dispatch ( "CAD ") system, owned and operated by RFTA, that
will be integrated to varying degrees with Ride Glenwood, City of Aspen, Town of Snowmass
Village, and Eagle County Transit. All ITS technologies to be procured and integrated include:
• Automatic vehicle location (AVL);
• Computer -aided dispatch (CAD);
• Automated passenger counters (APCs);
• Real time arrival signs and information displays;
• Mobile wireless, and
• Transit signal priority.
Key objectives of this project are to improve efficiency of operations, to better monitor system
performance, and to provide convenient, safe, reliable user - friendly transit services, for RFTA
and for other transit agencies in the region.
Page 1 of 2
The proposed AVL /CAD system will provide RTFA customers with real -time arrival/departure
information at selected bus stop locations on visual displays. The displays will show predicted
arrival/departure times in whole minute increments and user - defined messages. Predicted
arrivaUdeparture times will be adjusted if a bus is running late. The capability of real -time
predicted arrival /departure times will be extended to web -based displays and mobile devices.
Displays will include a map view allowing customer to locate buses for a selected route or bus
stop location.
RFTA received a $1 million FASTER grant to implement improved ITS services on non -BRT
buses and to coordinate procurement and implementation with the other transit agencies in the
region. Approximately 16 buses used for City of Aspen service will be outfitted with AVL /CAD
at a total estimated cost of $363,636. FASTER funds will pay for approximately 60% of the cost,
and 5309 funds for approximately 22 %. RFTA will invoice City of Aspen for the remaining
18% local match of $67,130.
FINANCIALBUDGET IMPACTS: This supplemental budget request for $67,130 is not in
the 2011 Transportation budget. It is included in the 2011 budget forecast for the Transportation
Fund as part of the LRP. This is a one -time request and will not impact the budget in future
years. The amount requested is the local match for the grant of about 18% of the total cost.
ENVIRONMENTAL IMPACTS:
This improved ITS system will enable the City transit system to run more efficiently and may
reduce environmental impacts on the town. The benefits to users could increase ridership on the
local system and thus reduce the number of vehicles driving in town.
RECOMMENDED ACTION: Transportation staff recommends the approval of this one -time
supplemental budget request for 2011, in the amount of $67,130 as the City of Aspen's share of
the local match for the Inter - regional ITS Purchase and Coordination FASTER grant for the
purchase and coordination of the AVL /CAD system.
ALTERNATIVES:
If Council does not approve this supplemental request, the City of Aspen transit fleet will be
without this new and improved ITS system Aspen will not be part of the bigger inter- regional
system improvements and Aspen users will not get the benefits.
PROPOSED MOTION: I move to approve this one -time 2011 supplemental budget request
in the amount of $67,130 as the City of Aspen's share of the local match for the Inter - regional
ITS Purchase and Coordination FASTER grant for the purchase and coordination of an
AVL /CAD system.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: John Laatsch, Capital Asset Project Manager
Steve Bossart, Capital Asset Project Manager
THRU: Barry Crook, Assistant City Manager
DATE OF MEMO: November 8, 2011
DATE OF MEETING: November 14, 2011
RE: Supplemental Appropriation for Burlingame 1 Completion
REQUEST OF COUNCIL: Staff recommends the net appropriation from the 150 Fund
Balance for securing completion of civil construction, hot water mechanical system
commissioning and pump and design changes, completion of committed improvements and
additions to Phase 1 related to the density increase agreements, and subsidies to the HOA for
damages to site improvements. This supplemental appropriation request is in the amount of
$115,000.
The supplemental funding of $115,000 will allow funding for a variety of right of way
corrections, water line disconnects, repairs of other surface site features, retro - commissioning of
the mechanical systems, and installation of correctly sized variable speed pumps. Staff is
conducting negotiations of these costs with the developer - designer/builder. The City continues
to hold contract retainage until a final negotiated settlement is reached. Supplemental funds not
needed as a result of the negotiated settlement would be returned to the 150 Fund.
PREVIOUS COUNCIL ACTION: In October and November 2008 City Council jointly and
individually attended meetings with Staff and members of the Burlingame HOA. The HOA
Board had described open issues of landscaping, construction, and warranty issues. City staff has
been working with the original designer/builder team to encourage completion. Council agreed
to execute a resolution expressing City commitment to complete all open contract issues.
Project completion, final sign -offs on various project elements, developer schedule management,
and a few questions of quality had been ongoing issues at Burlingame. Since that time, roof
issues and some site issues have been satisfactorily resolved. Some civil site issues haven't been
, fully addressed due to access; heating system analysis has revealed oversized pumps and
resulting damage; and other site improvements were damaged during construction, reducing their
effective life.
BACKGROUND: In 2004, the City of Aspen issued an RFQ for the Burlingame Ranch
Affordable Housing development teams. A competition was held among the finalists, and a
design/build team was selected based on a number of factors, including design, cost
considerations, and schedule. A developer model contract was executed in 2005 and a Notice to
Proceed was signed by the City in June with a completion date of November 2006, extended
later to June 2007. Staff has continued its work with the developer to reach completion and is
currently negotiating settlement of a few remaining items.
DISCUSSION: Civil improvements such as underground drain lines have been photographed
and Engineering has identified some concerns. Homeowner's association sidewalks and other
surface site improvements may have a shorter service life due to imperfections and damage, but
Page 1 of 2
removal and replacement at this time is not warranted and would not be a prudent early disposal
of resources. Correct sizing of heating system pumps is important to avoid damage to the heating
system and noise issues with excessive water hammer. The retro - commissioning agent hired by
the City has identified other optional items to improve efficiency. These items would be up to the
HOA, funded through grants, or partially funded by the City.
FINANCIALBUDGET IMPACTS: The supplemental funding of $115,000 will allow
funding for a variety of right of way corrections, water line disconnects, repairs other surface
site features, retro - commissioning of the mechanical systems, and installation of the correctly
sized variable speed pumps. Staff is conducting negotiations of these costs with the
designer/builder. The City continues to hold contract retainage until a final negotiated settlement
is reached. Supplemental funds not needed as a result of the negotiated settlement would be
returned to the 150 Fund.
BURLINGAME RANCH PHASE I
MECHANICAL RETRODESIGN $75,000
RETRO COMMISSIONING $17,000
CITY PROJECT CLOSEOUT COSTS
SITE DRAINAGE $6,000
ADDRESS IMPROVEMENTS $3,000
PLAT AND SURVEY CORRECTIONS $9,000
UTILITY COSTS $2,000
HOA EXPENSES $3,000
TOTAL 2011 REQUEST $115,000
ENVIRONMENTAL IMPACTS: Provision of subsidies to the HOAs' reserve funds for
earlier replacement of site improvements is more energy and resource efficient than replacement
now. Right -sized variable speed pumps as recommended by the retro - commissioning team will
result in lower energy costs and longer component life.
RECOMMENDED ACTION: Staff recommends approval of this supplemental request for
$115,000 to cover these unforeseen conditions and issues, and to complete Phase 1 closeout. Any
amounts negotiated with the designer/builder will be returned to the 150 Fund. No retainage will
be released until all issues are complete or otherwise funded.
ALTERNATIVES: Staff could continue to use retainage as the sole incentive for the contractor
to complete all necessary work, but this strategy has not been effective in encouraging
completion.
PROPOSED MOTION: "I move to approve Ordinance # to allow City staff completion
of Burlingame Phase 1 ".
CITY MANAGER COMMENTS:
Page 2 of 2
MEMORANDUM
TO: Aspen City Council and Steve Barwick, City Manager
FROM: Kids First Advisory Board and Shirley Ritter
THRU: Barry Crook
SUBJECT: 2011 Fall Supplemental Request
DATE: March 11, 2011
SUMMARY: The purpose of this memo is to provide information to Aspen City Council Fall 2011
budget supplemental request.
Request #1 — Rural Resort Region Early Childhood Council grant revenue
As fiscal agent for the Rural Resort Region Early Childhood Council, Kids First was awarded a
Statewide Strategic Use Fund (SSUF) to do quality improvement assessments, coaching and training
activities in the 4- county region; Eagle, Garfield, Lake and Pitkin. This grant is a two -year grant for
$175,000. The grant was awarded from July 1, 2010 to June 30, 2012. Because of the difference in the
fiscal years between the State of Colorado and the City of Aspen, and because most of the revenues
and expenditures have hit this year, we are asking to approve budget authority of $108,600 to pay for
these services under the terms of the grant.
Kids First has received the Pitkin County share of this funding to help support the quality improvement
work we do with the childcare providers. In other counties it is contracted with organizations locally
doing the same work. This supplemental appropriation will allow us to match our revenues and
expenditures for this funding and for this purpose.
RECOMMENDED ACTION: Truscott management recommends that council approve the
supplemental request of $15,000 to cover temporary labor expense.
ALTERNATIVES: If Council does not want to approve the staff recommendation, the Truscott
maintenance team will return to previous work levels and could potentially see staff turnover if
the winter is any worse than the previous two.
PROPOSED MOTION: "I move to approve Ordinance # . . ."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Notes:
• Please use page numbers on all memos and attachments, especially for work sessions
• The memo should be as long as it needs to be — but remember, you're not writing a novel.
Use attachments for more detailed information, ordinances and resolutions, etc.
• Attachments: All attachments to the memo should be referenced somewhere in the body of
the memo. All attachments should be titled as "Attachment ", "Exhibit" or "Schedule" with
a letter following:
Attachments:
A- Exhibit One - Map ...
B - Property Description
C - Chart of Costs
D - Resolution #97 -1
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: John Mickles, Marolt Ranch Manager
THRU: Tom McCabe, Director of Aspen/Pitkin County Housing Authority
DATE OF MEMO: 27 September 2011
MEETING DATE: November 14, 2011
RE: Supplemental request for fund 492
REQUEST OF COUNCIL: The purpose of this request is to increase budget authority for two
separate line items within the Marolt Ranch Housing fund (492) in fiscal 2011. The line items
are the Utilities and Services areas. Occupancy was forecasted to be at a 56% level during the
winter of 2010 -2011 (based on 2009 figures). Occupancy averaged 94% for the December -April
winter period. The increased occupancy resulted in higher than expected utility and turnover
costs. This increase in expenses was offset by an additional $130,000.00 in rental revenue. At
this time winter 2011 -2012 is tracking slightly ahead of projections and any additional utility
consumption will be offset by additional increases in rental revenues.
PREVIOUS COUNCIL ACTION: During the budget process for fiscal 2011 both the utilities
and services areas were reduced by $90,000.00 and $30,000.00 respectively.
BACKGROUND: The seasonal employee housing market has been heavily impacted by the
recession. The first impacts were felt in 2009 and demand continued to weaken in fiscal 2010.
The data used in the 2011 budget process reflected this diminished demand. The winter of 2010-
2011 produced occupancies closer to the figures experienced in fiscal 2008. The increased
occupancy figures in the December through April period resulted in higher than expected
turnover costs. The seasonal turnover costs include housekeeping, painting, carpet cleaning,
window repair, counter repair, plumbing repair, furniture repair, boiler room maintenance,
power washing, blind cleaning, window cleaning, screen repair, grounds clean up, grounds
preparation, and irrigation start up. This particular property does two complete turnovers on an
annual basis averaging 200 apartment turnovers per year.
FINANCIAL /BUDGET IMPACTS: The requested increases in utilities and services will
return the budget authority to slightly less than 2009 levels. The requested increase in service
spending will be offset by a reimbursement of turnover costs by the Music Associates of Aspen.
The MAA reimburses the city for the costs associated with returning the property to a saleable
Page 1 of 2
condition at the end of each summer season, the MAA was billed $17,295.00 for the turnover.
The increase in utility spending will be offset by a reimbursement for Cafeteria utilities by the
MAA. The cafeteria utility costs tracked $1,780.00 above projections. If occupancy levels
continue to stabilize during the winter months then utility and service costs can be expected to
return to 2008 -2009 expense levels. The increased expenditures will be offset by an increase in
the rental revenue stream in the out years.
We recommend that the council approve this request to increase the budget authority for service
and utilities within the Marolt Ranch fund in fiscal 2011.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Notes:
• Please use page numbers on all memos and attachments, especially for work sessions
• The memo should be as long as it needs to be — but remember, you're not writing a novel.
Use attachments for more detailed information, ordinances and resolutions, etc.
• Attachments: All attachments to the memo should be referenced somewhere in the body of
the memo. All attachments should be titled as "Attachment ", `Exhibit" or "Schedule" with
a letter following:
Attachments:
A - Exhibit One - Map ...
B - Property Description
C - Chart of Costs
D - Resolution #97 -1
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Jeff Pendarvis
THRU: Scott Miller
DATE: September 19, 2011
MEETING DATE: September 26, 2011
RE: Red Brick Boiler replacement
REQUEST OF COUNCIL: Staff recommends that Council approves the contract with
All Valley Maintenance and Mechanical for $133,854.50 to replace the two boilers that
serve the building, plus contingencies. The Red Brick Council for the Arts has asked the
Capital Asset Department to assist with project management, procurement and
contracting.
BACKGROUND: The Red Brick building is heated by two 1.5 million BTU boilers that
serve the entire building including the gym. The boilers are twenty years old and are at
the end of their useful life. One of the two boilers failed this past Spring and has been
shut down while a plan to replace the boilers has been formulated. Extensive
reworking of the boiler is required to get it in service for the coming winter. A Request
for Proposals was released and the RB Council selected All Valley Maintenance's
proposal to install two 1.5 million BTU Patterson Kelly high efficiency boilers.
DISCUSSION: After numerous discussions about the cost benefit of repair verses
replacement of the boilers, The Red Brick Council decided to replace the existing boilers
with new high efficient boilers. McKinstry was commissioned to come up with the
specs for the project and write the scope with input from Jeff Rice and CORE.
FINANCIAL IMPLICATIONS: The contract is for $133,854.50. An additional 25%
contingency is prudent to budget for the project as this a retro fit and there could be
unforeseen conditions.
There is no direct impact the COA budget for the project. None of the funds for the
project come from a COA budget. There is staff time for project management.
The budget of and all costs associated with the project will be paid for from the Red
Brick Council for the Arts; the funds to pay for the project come from the building
contingency fund set up and managed by the RB Council.
Also, the RB Council has also applied to CORE for a grant and Source Gas for a rebate.
The potential funds from the grant and rebate are expected to pay up to 50% of the cost
of the project. The RB Council is prepared to pay for the entire project if the grant and
rebate monies do not materialize.
RECOMMENDATION: Staff recommends that Council approves the contract with All
Valley Maintenance and Mechanical for boiler replacement at the Red Brick Building for
$133,854.50.
ALTERNATIVE: The RB Council will proceed with repairing and maintaining the
exisinting boilers.
PROPOSED MOTION: "I move to approve Resolution No. , Series of 2011 ".
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and City Council
FROM: John Laatsch — Project Manager
THRU: Randy Ready — Assistant City Manager
Scott Miller — Capital Asset Director
DATE OF MEMO: November 4, 2011
MEETING DATE: November 14, 2011
RE: Galena Plaza
REQUEST OF COUNCIL: Pursuant to City Councils direction we are moving into the Detail
Design Phase of the Project and redistribution of funds from 2012 to 2011 will permit the hiring
of engineering consultants for civil and structural conceptual design.
PREVIOUS COUNCIL ACTION:
• February 1, 2011 Joint City Councit'BOCC direction to continue design of
Concepts
• July 19, 2011 City Council Work Session direction to continue with Criteria
Design Plans
• October 18, 2011City Council Work Session direction to continue with Project
Detail Design
BACKGROUND: City staff has carried the design load however we now need the expertise of
civil and structural engineers to move forward with any design efforts.
DISCUSSION: In April, 1998 Walker Parking Consultants were retained to review and report
on the condition of the garage to protect the investment and to maximize the useful life of the
parking structure in a cost effective and efficient manner. Short and long term repair
recommendations were made both for the rooftop Plaza and the parking structure. Drainage
issues for the plaza and the structure were noted in this report titled, "Condition Review."
We started a design and an open public process that included open houses, stakeholder meetings
and council work sessions using city staff for the primary design efforts. Now that we are in the
Page 1 of 2
Detail Design phase of work we have need to contract with engineering consultants as soon as
possible to achieve our design and repair goals.
FINANCIALBUDGET IMPACTS: This request does not change the overall project budget
nor does it change the scope of work for the 2012 project budget but rather permits staff to move
with deliberate steps to accomplish the work to be completed in 2012.
ENVIRONMENTAL IMPACTS: The environmental impacts are generally positive with
enhanced stormwater pickup, improved water quality, revitalized landscape and pedestrian
corridor enhancements. The deconstruction of the existing plaza in a manner that maximizes
material recycling while maintaining a safe and manageable project site will be analyzed and
further developed.
RECOMMENDED ACTION: To transfer $100,000 from the Project's 2012 budget to 2011.
ALTERNATIVES: We will delay the hiring of consultants until 2012.
PROPOSED MOTION: "I move to approve this Supplemental funding request to move
$100,000 from the 2012 approved budget to 2011 ".
CITY MANAGER COMMENTS:
ATTACHMENTS:
Page 2 of 2
VR Ib
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Ernemann, Assistant Finance Director
THRU: Don Taylor, Director of Finance
Steve Barwick, City Manager
DATE OF MEMO: November 21, 2011
MEETING DATE: November 28, 2011
RE: 2012 Fee Schedule
REQUEST OF COUNCIL: This is for the City Council to consider adoption of an ordinance that
makes changes to the various fee schedules that the City establishes for services rendered to
the public.
PREVIOUS COUNCIL ACTION: Each year the City Council adopts a new fee structure that brings
the fees up to date. Only sections with at least one fee with a proposed change are included in
the ordinance.
BACKGROUND: The City has a wide variety of fees that it charges for services it provides. In
some cases the fee represents 100% cost recovery. In other cases the fee represents only a
partial cost recovery with the balance of the costs viewed as general public benefit. These fees
are reviewed each year to insure that they are appropriately set. In 2011 for the first time, staff
instituted a Pricing Committee process to review all fees throughout the City. All Departments
and Funds that charge fees completed a fee analysis and presented a summary to the Pricing
Committee during a week of meetings. The Pricing Committee was comprised of a group of
peers with similar fees and representatives from Finance and the City Manager's Office.
DISCUSSION: The outcome of the Pricing Committee meetings shaped the fee and revenue
assumptions for budget development. There are memos from the various departments
attached to this memo outlining the proposed changes to the existing fee schedule. These fees
were vetted or recommended by the Pricing Committee. Each department was asked to
comment on the need for the fee increase and the affect that the fee increase may have. In
most cases the changes in the fees have been minimal.
FINANCIAL/BUDGET IMPACTS: Increased revenues are expected from the proposed fee
changes. The actual amount raised will depend on the volume of sales or services rendered.
RECOMMENDED ACTION: Staff recommends approval of the ordinance amending the fee
schedule as shown.
ALTERNATIVES: Any fee can be amended in any manner that the Council may desire.
PROPOSED MOTION: Move adoption of the ordinance attached which approves the 2012 fees
as proposed.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A) Comparison to prior year fees.
B) Memo from Steve Aitken on proposed Golf fees.
C) Memo from Tim Anderson on proposed Ice fees.
D) Memo from Kathy Tolle on proposed Police Department fees.
E) Memo from CJ Oliver on proposed Environmental Health Department fees.
F) Memo from Mary Lackner on proposed GIS fees.
G) Memo from Tim Ware on proposed Parking fees.
H) Memo from Stephen Ellsperman on proposed Parks fees.
I) Memo from Cindy Christensen on proposed APCHA fees.
•
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MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
THRU: Don Taylor, Finance Director
THRU: Ashley Ernemann, Assistant Finance Director
THRU: Jeff Woods, Parks and Recreation Manager
FROM: Steve Aitken, Director of Golf
DATE: October 31, 2011
RE: Aspen Golf Club Fee Changes
SUMMARY: The Aspen Golf Club strives to provide a quality affordable golf facility
for locals and guests. Its continued goal will be to operate annually with fiscal
sustainability. Commensurate with that end is a recommended modification of the
fees /rates for 2012 as submitted by the Golf Department and its Advisory Board.
PREVIOUS COUNCIL ACTION: City Council approved the Golf Fund fees /rates for
the 2011 season in December 2010.
DISCUSSION: The Aspen Golf Club continues to improve its facility and golfing
experience.. The following accomplishments attest to this:
• Nationally Ranked Golf Facility: In 2009 The Aspen Golf Club was ranked
the number 1 municipal golf course in the state of Colorado and 17 overall
in the country by Golf Week Magazine. In 2011 Aspen Golf Club continues
to rank number 1 in the state of Colorado and place in the top 25 in the
nation.
• Continued Golf Course Improvements: elements include- water feature
enhancements, wild flower plantings, native grassing, tee
additions /renovations and bunker improvements.
• Golf Shop Operations: Profitability of the operation has increased. Retail
sales have increased over 2010. The addition of the Rabito Golf School has
added additional revenue and generated new customers to the golf course.
• Alternative Types of Golf Passes: Over the past two years new passes have
been introduced that allowed greater flexibility for the customer and
profitability for the Golf Fund. Success in sales of our passes has increased
the overall profitability of the Golf Fund.
For 2012 improvements we are working on include:
• New Golf Carts
• New Maintenance Equipment
• Continued golf course improvements
Our Marketing Department continues to maintain and improve our competitive ability to
attract golfers. Before the season begins, local passes are actively marketed to establish
our base of local golfers. Hotel Concierges are contacted regularly, and a program is in
place to reward them for bringing guests to our golf course. ACRA, SAS and Ski.com
provide stay and play golf packages. The standard forms of marketing are also employed
where needed through newspaper, radio, Grassroots TV, intemet and e-mail.
The intent of the Golf Fund is to break even from an operating standpoint and in good
years to have a little left over to invest back into the golf course. Breaking even from an
operating standpoint means that we have enough to purchase maintenance equipment and
capital replacements for the golf course and clubhouse. The biggest challenge of the
Aspen Golf Club is to remain competitive with other area courses and to maintain a good
experience for local and visiting players alike.
Revenue needs to be realized from every golfer who plays the Aspen Golf Club. The
amount we need to break even is $54.87 per 18 -hole round, based on our historic average
of 26,000 rounds. Additionally, we need to continually emphasize marketing efforts to
increase play from visitors and groups. New golf carts and new maintenance equipment
will greatly assist in that emphasis.
The request for an increase in rates/fees is consistent with our financial goals. Local
passes are still affordable and competitive to area courses.
Summary of 2012 Proposed Fees:
• Platinum Pass ($1,949 Unlimited Golf, Range, Golf Cart and Tennis )
$50 increase from 2010.
• Gold Season Pass ($1,325 Unlimited Golf)
$50 increase from 2010. Purchase the Gold Season Pass by April 15, 2012 and
pay only $1,250.
2
• Silver Pass ($775 unlimited golf until June 15 and after Sept 14, June 16 to
September 14 before 8 AM and after 1 PM only) $45 increase from 2010.
Purchase the Silver Pass by April 15, 2012 and pay only $725.00
• Bronze Pass ($299 unlimited golf September 15 to close ) No change in pricing.
• The 20 -Punch Pass ($650 for 10, 18 Hole Rounds) $75 increase from 2010 price.
Purchase the 20 Punch Pass prior to April 15, 2012 and pay only $575.00
• The Jr. Pass ($185 unlimited golf for juniors) $10 increase from 2010 price.
• Maximum Greens Fee Rate ($147.50 Includes 18 Holes, Cart, and Practice Balls).
$12.50 increase from 2010.
The Aspen Golf Club's philosophy has been and continues to be that visitor revenues to
our facility support affordable local rates. It is our belief that these projected numbers are
achievable if Council approves the 2012 fee proposal.
FINANCIAL IMPLICATIONS: The recommended rate increases for Golf Passes
should yield an additional $19,000 in income based on 2011 sales.
RECOMMENDATION: Golf Staff and the Golf Advisory Board recommend the
proposed 2012 fees.
PROPOSED MOTION: I move to approve Ordinance #
CITY MANAGER COMMENTS
3
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
THRU: JEFF WOODS, MANAGER OF PARKS & RECREATION
DATE OF MEMO: OCTOBER 28, 2011
MEETING DATE: NOVEMBER 14, 2011
RE: 2012 RECOMMENDED FEES
Request of Council: Staff is requesting an increase of $10 /hour in 2012 to user groups
purchasing ice. This increase will bring pricing more in line with mountain town averages.
Discussion: A completed cost analysis identifies the cost to operate ice at over $300 /hour.
Most recreation fees are the highest of mountain towns with the exception of ice fees. The
pricing committee recommended a $10 /hour increase on ice fees. Currently user groups pay
$188 /hour, a $10 increase would generate $12,600 in additional revenues based upon current
usage.
Program Name Youth /Adult Aspen Low Mt Town High Mt Town Ave Mt Town
Aspen Junior Hockey Youth /Adult $188 $188 $250 $210
Aspen Skating aub Youth/Adult $188 $175 $220 $194
Figure Skating Youth /Adult $188 $175 $220 $194
LA Leagues Youth $188 $175 $200 $187
Adult $188 $220 $230 $225
Aspen Junior Hockey Youth /Adult $188 $188 $250 $210
Aspen Skating aub Youth /Adult $188 $175 $220 $194
Figure Skating Youth /Adult $188 $175 $220 $194
AG Leagues Youth /Adult $188 $190 $4,950 $1,164
Due to contractual agreements with the user groups the increase in pricing would not go into
effect until May 1, 2012, providing time to adjust their fees prior to the 2012/13 season.
Financial /Budget Impacts: As mentioned previously, this increase would generate
approximately $12,600 in additional revenue.
Recommended Action: Staff is recommending a $10 /hour fee increase for ice user groups in
2012 to bring ice costs more in line with mountain town averages.
Alternatives: If the $10 /hour fee increase is not approved an additional subsidy to the
Recreation Division budget of $12,600 would be requested.
MEMORANDUM
Date: November 3, 2011
To: Mayor & Council
Through: Ashley Ernemann
Through: Richard Pryor
From: Bill Linn
Subject: Revenue Increases for 2012
The anticipated revenue increases for the Police Department are as
follows:
Accident Report Fees
The charge for accident reports provided to at -fault drivers increases from
$10 to $12
Case Report Copy Fees
The charge for providing copies of case reports increases from $7 to $10
(plus a per -page fee of $.25 which is not changing).
Arrest History / Background Check Fee
The charge for arrest histories or background checks increases from $7 to
$10.
Audio File Fee
The charge for researching, preparing, editing, and recording audio files
(such as 9 -1 -1 recordings) increases from $15 to $25.
Data / Photo File Fee
The charge for researching, preparing, and recording data CDs (such as
photographic files from cases) increases from $15 to $25.
Considerations
With each fee increase, we considered the time required by our
employees, the resources used in completing the request and upon review
and approval of the City Pricing Committee.
MEMORANDUM
TO: Mayor and City Council
FROM: CJ Oliver, Senior Environmental Health Specialist
THRU: Lee Cassin, Environmental Health Director
DATE OF MEMO: November 7, 2011
MEETING DATE: November 14, 2011
RE: Fee adjustments for special event plan review and inspection.
DISCUSSION: The Environmental Health Department reviews plans and conducts inspections
of temporary and special events that serve food to the public. In 2011 the department met with
the pricing committee to review our fees and found that the fees for special event services did
not accurately reflect the cost to the department. After committee review and staff consideration
the fees will be adjusted for 2012 to reflect to true cost of providing those services. Repeat
events with the same food service providers will not be charged as there is no staff time involved
with reviewing these events. The fees will only affect new events or those which change their
food service arrangements from previous years.
The change in fees results in a lower amount being charged for reviewing the plans and
paperwork ($47 adjusted to $30) and a higher amount being charged for conducting the
inspection ($47 adjusted to $70).
FINANCIALBUDGET IMPACTS: The financial impacts of these fee changes will be
minimal as the fees for any single event would equate to $6.00 more being charged for a plan
review and event inspection. The old fees totaled $94.00 and the adjusted fees will total $100.
RECOMMENDED ACTION: Staff recommends that Council approve the proposed change to
the fee ordinance.
ALTERNATIVES: Council could direct staff to continue to use the old fee structure for special
event plan review and inspection.
PROPOSED MOTION:
Page 1 of 2
CITY MANAGER COMMENTS:
ATTACHMENTS:
Page 2 of 2
MEMORANDUM
To: Mayor and City Council
THRU: Don Taylor, Finance Director
FROM: Mary Lackner, GIS Manager
RE: GIS Services & Products 2012 Fees
DATE: October 28, 2011
The GIS Department GIS provides customer mapping services for the City of Aspen and Pitkin
County. The fees are established through the City of Aspen Municipal Code and collected by the
City. In 2010, the GIS Department generated $65,688 in revenue.
GIS fees were evaluated in the 2011 Pricing Committee process and are recommending that GIS
fees increase from 0% to 10% with an average increase of 3.6 %. The proposed fees listed below
reflect the increased fees.
2.12.053 Geographic Information System (GIS) Department fees.
Printed Maps
Large format (greater thanl l" x 17 ") $ 31.00 each
Small format (11 "x 17" or less) $ 12.00 each
Large format plotting $ 17.00 each
Custom Mapping & Analysis $ 150.00 hour
Minimum charge $ 75.00
Mailing Lists $ 120.00 per search
Plus $1.25 /per sheet of labels
Digital Data Services $150.00 hour
Minimum charge — conversion $ 75.00
Minimum charge per data layer* $ 35.00
* geographic extents vary per data layer
Data Subscription $1200.00
All layers excluding imagery and topography
Section 2.12.100
Geographic Information System (GIS) Fee
1. A GIS fee is assessed on all permits that add square footage. This fee is $220.
TO: Mayor and City Council
FROM: Tim Ware, Director of Parking
THRU: Randy Ready, Assistant City Manager
Don Taylor, Director of Finance
DATE OF MEMO: November 4, 2011
METTING DATE: November 14, 2011
RE: Proposed Parking Fee Increase
REQUEST OF COUNCIL: This is a request for City Council to consider adoption of an ordinance
that makes changes to the on- street parking meters and lodge parking permits for 2012.
PREVIOUS COUNCIL ACTION: Council reviewed the proposed rate increase at their October 25,
2011 work session. Staff was directed to include the increase in the 2012 budget.
BACKGROUND: The parking fund has historically only raised rates 20 -30% every five years. This
year the recommendation from the pricing committee was to start adjusting rates annually by
smaller incremental amounts.
DISCUSSION: There are only two programs that are being proposed for an increase: An
increase of $0.50 per hour on the second hour in the commercial core, and an increase of $0.50
on the cost of a lodge parking permit.
Section 2.12.060 Parking fees
Commercial core parking fees - First hour 2.00
Second hour 2.50
Third hour 3.00
Page I 1
Fourth hour 4.00
Lodge parking permits 2.50 /Permit
The proposed increase is 5% to the overall budget by adjusting the two programs. This will
allow the parking fund to continue with its portion of the Rio Grande Parking Plaza repair
funding.
FINANCIAL /BUDGET IMPACTS: The proposed increase will generate approximately $141,675 in
additional revenue.
ENVIRONMENTAL IMPACTS: Anytime there is a parking rate increase there is a certain number
of single occupant vehicles taken off the street. This results in less congestion, vehicle emissions
and reduces the PM10 levels.
RECOMMENDATION: Staff recommends City Council approve the 5% increase for 2012 to the
parking fund.
ALTERNATIVES: Council could choose not to approve or reduce the proposed increase and
instruct staff to find alternate funding options.
PRPOSED MOTION: I move to approve ordinance #_ that increases the parking fund by 5 %.
CITY MANAGER'S COMMENTS:
Page 2
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: STEPHEN ELLSPERMAN, PARKS AND OPEN SPACE DIRECTOR
THRU: JEFF WOODS, MANAGER OF PARKS & RECREATION
DATE OF MEMO: NOVEMBER 2, 2011
MEETING DATE: NOVEMBER 14, 2011
RE: 2012 PARKS AND OPEN SPACE RECOMMENDED FEES
Request of Council: The Parks and Open Space Department is requesting City Council approve
an increase in some specific fees as a portion of fee restructuring that the Department has
accomplished in an effort to ensure that fees are appropriate for various levels of service and
facilities use.
Discussion: The Parks and Open Space Department completed a comprehensive review and
cost analysis of fee structures that were currently in place. This analysis was completed in
order to ensure that current fees for various levels of service that the Department provides
were appropriate. In addition facility rental fees and special event fees were also reviewed to
understand how cost recovery for staff time and facility rehabilitation was being accomplished.
This review was accomplished through the 2011 Pricing Committee Project, and fees are
divided into three major categories: Event /Rental Fees, Development Fees, Tree Fees.
Through this process, a recommended fee structure for 2012 was accomplished and approved
by the 2011 Pricing Committee. The following is a breakdown of these fees:
Event Fees
Application - User $125.00
Application - Nonprofit $50.00
Business License - One Day $15.00
Business License - Two Days $25.00
Under 50 People $175.00
Under 50 People - Nonprofit Organizations $50.00
50 -100 People $400.00
50 -100 People - Nonprofit Organizations $200.00
101 -200 People $600.00
101 -200 People — Nonprofit Organizations $300.00
201 -500 People $3,500.00
201 -500 People - Nonprofit Organizations $500.00
Over 500 People $5,000.00
Over 500 People - Nonprofit Organizations $1,500.00
Exclusive Use of Park $7,500.00
Athletic Camps - Local Person $10.00
Athletic Camps - Non -Local Person $15.00
Athletic Tournaments /Event $750.00
Sports Classes /Day Care - Local Person $10.00
Sports Classes /Day Care - Non -Local Person $15.00
Installation of Flags on Main Street/Flag $15.00
Installation of Banners on Main Street/Banner $15.00
Filming - 1 -2 People, Camera & Tripod Only Free
Filming - 3 -10 People $50.00
Filming - 11 -30 People: Still $150.00
Filming - 11 -30 People: Video $250.00
Filming - 31-49 People: Still $250.00
Filming - 31 -49 People: Video $500.00
Filming - 50 and Over /Day $750.00
Tree Fees
Tree Removal Permit $75.00
Tree Removal Permit — Development $200.00
Tree Mitigation Fee $41.00
Development Fees
Encroachments — Minor Review $65.00
Encroachments — Major Review $130.00
Right of Ways — Minor Review $65.00
Right of Ways — Major Review $130.00
Landscaping and Grading Permit $65.00
Landscape, Tree and Natural Resource Review Fees /Sq Ft $0.03
Administration Case $630.00
One Step Case $945.00
Two Step Case $1,260.00
Planning Review — PUD and SPA $1,575.00
The goals of this fee structure include the following:
1) Full Recovery of Cost Related to Development. The current fee structure the Parks and
Open Space Department utilizes does not recover all costs related to development, and
in fact, subsidizes review time and staff activities related to review and direction. The
new fee structure is designed to recover these costs.
2) Recover Reasonable Amount of Cost For Services Provided. The Parks and Open Space
Department mission includes working with the community to allow special events and
rentals of facilities (parks, etc) as a venue for these activities. In addition, City Council
has provided direction to the Department that the economic vitality that special events
provide is an important reason to provide subsidy to these events. Historic community
events and activities is also an important part of Council's mission and subsidy for these
events has also been communicated to the Department. Full recovery of costs
associated with these activities is not reasonable; however, some recovery of costs is
reasonable. The Parks and Open Space Department completed a thorough analysis of
current fee structures and has recommended increases that provide reasonable amount
of cost recovery.
3) Fees have not been increased by the Parks and Open Space Department for five (5)
years.
Financial /Budget Impacts: The following increases in revenue are forecasted with the
proposed fee structure:
- Special Event Fee /Rental Fee: $12,600
- Tree Permit /Review Fee: $5,000
- Development Review Fees: $14,717
Recommended Action: Staff is recommending approval of the proposed Parks and Open Space
Fee Structure.
Alternatives: City Council could provide direction to the Parks and Open Space Department to
leave current fee structures in place, leaving subsidy levels for development and special events
at current levels.
MEMORANDUM
TO: Mayor and Council
FROM : Cindy Christensen, Housing Authority
THRU: Tom McCabe, Housing Authority
DATE OF MEMO: October 31, 2011
MEETING DATE: November 14, 2011
RE: Housing Application Fees
REQUEST OF COUNCIL: The Aspen/Pitkin County Housing Authority (APCHA) is
requesting City Council approve an increase in sales application fees and land use referral fees.
PREVIOUS COUNCIL ACTION: Each year the City Council adopts new fee structures that
bring fees up -to -date to reflect the cost of doing business. APCHA has not requested an increase
in fees since 2004.
BACKGROUND: The APCHA has a wide variety of fees; e.g., initial qualification fees for
both rentals and sales, requalification fees for rental units, requests to add capital improvements
onto maximum sales price which entail a site visit, etc. The fee structure for APCHA has
changed very little over the last 20 years.
DISCUSSION: The City Finance Department requested each department to conduct a pricing
fee exercise to see if the amount being charged covered the work being done. The fees in three
areas — sales bid packet fees, yearly update fees and land use referral fees — have not been
increased since 2004.
Current Proposed
Type of Fee Fee Fee
Initial Sales Bid Packet Fee $40 $50
Sales Packet Yearly Update Fee $40 $50
Sales Bid Fee $5 $5
Initial Rental Application Fee for APCHA Managed Prop. $40 $40
Annual Rental Application Fee for APCHA- Managed Tax Credit Prop. $40 $40
Bi- Annual Rental Requalification Fee for APCHA- Managed Prop. $40 $40
Initial Rental Application Fee for Prop. not APCHA Managed $25 $25
Bi- Annual Rental Requalification Fee for Prop. not APCHA- Managed $25 $25
Sales Refinancing Request that includes Site Visit $40 $50
Document Copy Fee per page $1 $1
Land Use Review — Minor $212 $400
Land Use Review — Major $410 $600
APCHA's cost of doing business has increased every year, especially staff costs, i.e., insurance,
wages, City overhead charges, etc. Increasing fee revenues will help to cover these increase in
costs.
FINANCIAL IMPLICATIONS: Over the last two years, the subsidy provided by the City
Council and Board of County Commissioners has remained flat during a period of increased
turnovers, legal challenges and transaction complexities.
RECOMMENDATION: APCHA would recommend that City Council approve the proposed
fee increases.
ALTERNATIVES: Service cuts in other APCHA responsibilities.
PROPOSED MOTION: I move to approve the 2012 fee changes requested by APCHA.
CITY MANAGER COMMENTS:
ORDINANCE NO. 33
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 INCREASE CERTAIN
MUNICIPAL 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 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:
2.12.010
That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Aspen Municipal Golf Course, is hereby amended to read as
follows:
Sec. 2.12.010 Aspen Municipal Golf Course Fees
The Aspen Municipal Golf Course user fees shall be as follows:
Early Season Regular Season
Platinum N/A $1,949.00
Gold $1,250.00 $1,325.00
Silver $725.00 $775.00
20 Punch $575.00 $650.00
Bronze $299.00 $299.00
Junior $185.00 $185.00
Senior Greens Fee — 9 Hole $33.75 $33.75
Senior Greens Fee — Resident $65.00 $65.00
Senior Greens Fee — Visitor $75.00 N/A
Green Fee — Max Rate N/A $147.50
Green Fee — Junior N/A $45.00
Green Fee — Guest of Member N/A $75.00
Golf Cart — 18 Holes N/A $21.00
Golf Cart — Members: 18 Holes N/A $19.00
Golf Cart — 9 Holes N/A $16.00
Golf Cart — Members: 9 Holes N/A $14.50
Golf Cart Punch Pass N/A $375.00
Pull Cart — 18 Holes N/A $16.00
Pull Cart — Members: 18 Holes N/A $14.00
Pull Cart — 9 Holes N/A $11.00
Pull Cart — Members: 9 Holes N/A $9.00
Rental Clubs — 18 Holes N/A $55.00
Rental Clubs — 9 Holes N/A $35.00
Locker for Season N/A $300.00
Range Large Bucket N/A $10.00
Range Large Bucket — Members N/A $9.00
Range Small Bucket N/A $8.00
Range Small Bucket — Members N/A $6.00
Range Punch Pass N/A $180.00
(Code1971, §2 -33; Ord. No. 44 -1991, §12; Ord. No. 77 -1992, §16; Ord. No. 68 -1994, §5; Ord. No. 53 -1995, §2; Ord. No. 43-
1996, §1; Ord. No. 49 -1998, §1; Ord. No. 45 -1999, §1; Ord. No. 57 -2000, §1; Ord. No. 5 -2002, §1; Ord. No. 47 -2002, §18;
Ord. No. 63 -2003, §8; Ord. No. 2 -2004, §1; Ord. No. 38 -2004, §10; Ord. No. 49 -2005, §12; Ord. No. 48 -2006, §1; Ord. No.
52 -2007; Ord. No. 29-2010, §12)
2.12.020
That Section 2.12.020 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for Aspen Ice Garden and Lewis Ice Arena, is hereby amended to read
as follows:
Sec. 2.12.020 Aspen Ice Garden and Lewis Ice Arena Fees
The Aspen Ice Garden and Lewis Ice Arena user fees shall be as follows:
Rent Entire Facility
Aspen Ice Garden $4,000.00
Lewis Ice Arena $4,000.00
General Rental /Hour and Camps /Hour
Aspen Ice Garden $250.00
Lewis Ice Arena $250.00
Non Profit Rental /Hour
Aspen Ice Garden $208.00
Lewis Ice Arena $208.00
Other Ice
Skate Sharpening $7.00
Skate Sharpening (Same Day) $10.00
Pick -Up Hockey $13.00
Pick -Up Hockey - 10 Visit $114.00
Freestyle - 20 Visit $180.00
Skating Classes $12.50
Locker Rental
Annual $250.00
Six Month $150.00
Monthly $25.00
(Code 1971, §2 -34; Ord. No. 44 -1991, §12; Ord. No. 77 -1992, §16; Ord. No. 67 -1993, §6; Ord. No. 68 -1994, §6; Ord. No.
53 -1995, §3; Ord. No. 43 -1996, §2; Ord. No. 49 -1998, §2; Ord. No. 45 -1999, §2; Ord. No. 57 -2000, §2; Ord. No. 47 -2002,
§16; Ord. No. 27 -2003; Ord. No. 63 -2003, §10; Ord. No. 2 -2004, §2; Ord. No. 38 -2004, §2; Ord. No. 49 -2005, §7; Ord. No.
48 -2006, §4; Ord. No. 52 -2007; Ord. No. 27 -2009, §3; Ord. No. 29 -2010, §3)
2.12.050
That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Aspen Police Department, is hereby amended to read as follows:
2.12.050 Aspen Police Department Fees
The City of Aspen Police Department shall charge the following fees for services rendered:
Law Enforcement Records
Accident Reports — In Person $12.00
Accident Reports — On Line $4.00
Case Reports $10.00
Per Copied Page $0.25
Arrest History/Background Checks $10.00
Microfilm Search $10.00
Per Copied Page $0.25
Communications Logging /Hour $25.00
Per Audio CD $25.00
Case Report/Accident Photos /CD $25.00
Aspen Police Department
Alarm User Permit $114.00
First False Alarm/Year $118.00
Second False Alarm/Year $237.00
Third and Fourth False Alarm/Year $358.00
All Bank Alarms $380.00
Late Fees $12.00
Central Alarm License Fee $314.00
Vehicle Inspection $20.00
Certified VIN Inspection $20.00
Off -Duty Security /Officer /Hour $95.00
Notary Fees $2.00
Dog Vaccination and License Fees
Annual Dog Tag Fees $17.00
Transfer Fee $17.00
Replacement Tag $4.00
(Code 1971, §2 -38; Ord. No. 77 -1992, §17; Ord. No. 68 -1994, §9-11; Ord. No. 53 -1995, §6 -10; Ord. No. 43 -1996, §5 -7; Ord.
No. 49 -1998, §6-8; Ord. No. 45 -1999, §6 -9, 20; Ord. No. 57 -2000, §5, §12; Ord. No. 47 -2002, §2; Ord. No. 63 -2003, §2; Ord.
No. 2 -2004, §3; Ord. No. 38 -2004, §1; Ord. No. 49 -2005, §1; Ord. No. 48 -2006, §8; Ord. No. 40 -2008; Ord. No. 27 -2009, §7;
Ord. No. 29 -2010, §7)
2.12.052
That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Environmental Health Department, is hereby amended to read as
follows:
Sec. 2.12.052 Environmental Health Department Fees
The City of Aspen Environmental Health Department shall charge the following fees for
services rendered:
Environmental Health Fees
Event Plan Review $30.00
Event Inspection Fee $70.00
Swimming Pool Plan Review $79.00
Restaurant Site Inspection $82.00
Food Safety Training $82.00
Large Childcare $100.00
Small Childcare $50.00
Zgreen Certification $25.00
Plan Review Application $100.00
Plan Review and Pre -Open Inspection: Simple $145.00
Plan Review and Pre -Open Inspection: Small $290.00
Plan Review and Pre -Open Inspection (Not to Exceed) $580.00
Equipment Review Application $100.00
Equipment Review Fee (Not to Exceed) $500.00
HACCP Plan - Written (Not to Exceed) $100.00
HACCP Plan - On -Site Evaluation (Not to Exceed) $400.00
Real Estate Review of Property (Not to Exceed) $75.00
Food Service License
No Fee License (School, Charitable Org, Penal, Church, Other) $0.00
Mobile Unit $225.00
Mobile Unit - Pre - Packaged $115.00
Temporary/Special Event Establishment $255.00
Temporary/Special Event (Pre- Packaged) $115.00
Restaurant - 0 -100 Seats $255.00
Restaurant - 101 -200 Seats $285.00
Restaurant - Over 200 Seats $310.00
Grocery Store - 0 -3,500 Sq Ft $115.00
Grocery Store - 3,501- 15,000 Sq Ft $180.00
Grocery Store - 15,001- 25,000 Sq Ft $200.00
Grocery Store - 25,001- 45,000 Sq Ft $235.00
Grocery Store - 45,001- 65,000 Sq Ft $290.00
Grocery Store - 65,001- 85,000 Sq Ft $415.00
Grocery Store - Over 85,000 Sq Ft $500.00
Grocery w /Deli - 0 -3,500 Sq Ft $207.00
Grocery w /Deli - 3,501- 15,000 Sq Ft $338.00
Grocery w /Deli - 15,001- 25,000 Sq Ft $360.00
Grocery w /Deli - 25,001- 45,000 Sq Ft $395.00
Grocery w /Deli - 45,001- 65,000 Sq Ft $450.00
Grocery w /Deli - 65,001- 85,000 Sq Ft $575.00
Grocery w /Deli - Over 85,000 Sq Ft $690.00
Oil and Gas Temp - 0 -50 (Initial License) $750.00
Oil and Gas Temp - 0 -50 (Renewal License) $275.00
Oil and Gas Temp - Over 50 (Initial License) $1,250.00
Oil and Gas Temp - Over 50 (Renewal License) $500.00
(Ord. No. 47 -2002, §4; Ord. No. 63 -2003, §2; Ord. No. 38 -2004, §3; Ord. No. 49 -2005, §2; Ord. No. 48 -2006, §10; Ord. No.
40 -2008; Ord. No. 15 -2009; Ord. No. 27 -2009, §9; Ord. No. 29 -2010, §9)
2.12.053
That Section 2.12.053 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Geographic Information Systems (GIS) Department, is hereby
amended to read as follows:
Sec. 2.12.053 Geographic Information System (GIS) Department Fees
The City of Aspen GIS division shall charge the following fees for services rendered:
Large Format Map (Greater than 11 "X17 ") $31.00
Small Format Map (11 "X17" or Less) $12.00
Large Format Plotting $17.00
Custom Mapping and Analysis /Hour $150.00
Minimum Charge $75.00
Mailing Lists /Search $120.00
Plus Per Sheet of Labels $1.25
Digital Data Services $150.00
Minimum Charge - Conversion $75.00
Minimum per Data Layer $35.00
Digital Submission Fee $220.00
Data Subscription $1,200.00
(Ord. No. 47 -2002, §5; Ord. No. 63 -2003, §3; Ord. No. 48 -2006, §11; Ord. No. 52 -2007; Ord. No. 27 -2009, §10; Ord. No. 29-
2010, §10)
2.12.060
That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Parking Fund, is hereby amended to read as follows:
Sec. 2.12.060 Parking Fees
The City of Aspen Parking Fund user fees shall be as follows:
Rio Grande Parking Plaza
Hourly Parking Rate $1.50
Maximum Daily Fee $15.00
Validation StickersNisit $5.00
Unlimited Use Monthly Pass $200.00
Lost Ticket Fee $15.00
Special Events Pass /Day $5.00
Access Replacement Card $20.00
Commercial Core Pay Parking
Between the Hours of 7:00 AM and 6:00 PM
First Hour $2.00
Second Hour $2.50
Third Hour $3.00
Fourth Hour $4.00
Single Space Meter Fees /15 Minutes $0.50
Between the Hours of 6:00 PM and 3:00 AM Free
Residential Permit Parking Program
Residential Day Pass $7.00
Space Rental Fee /Day $10.00
Resident Permits
First Two Permits for Residence and Guest Free
Third Permit $25.00
Fourth Permit $50.00
Fifth Permit (No More than Five Permits Shall be Issued) $100.00
Resident Guest Permit Free
Lodge Guest Permit $2.50
High Occupancy Vehicle Permit Free
Business Vehicle Permit/Six Months $500.00
Host Guest Replacement Permit Fee $25.00
Miscellaneous Parking Fees
Delivery Vehicle Permit/Year $100.00
Service Vehicle Meter Fees Deposit/Meter $50.00
Administration Fee $25.00
First Hour $1.00
Each Additional Hour $0.50
Daily Maximum $4.50
Construction Vehicle Permit - Residential /Month $40.00
Construction Vehicle Permit - Commercial Core /Day $25.00
Handicapped Parking Free
Permit Replacement $25.00
Tow Truck Cancellation Fee $25.00
Boot Fee $75.00
Towing Fee (Outstanding Tickets /Snow /Farmer's Market) $135.00
Towing Fee (72 Hour Violation /Abandoned Vehicles) $165.00
In -Car Meter Fee $35.00
Ticket Late Fee $10.00
Neighborhood Electric Vehicles* Free
The residential Permit Parking Program restrictions shall be in effect from 8:00 a.m. until 6:00 p.m., Monday through Friday
(official holidays excepted), unless otherwise specified.
Two six -month periods are established for the Business Vehicle Permit: Winter Season, November 1 through April 30; and
Summer Season, May 1 through October 31.
*Neighborhood Electric Vehicles (NEV's) are defined as follows: A low -speed electric vehicle which does not exceed speeds
of 20 -25 mph. The vehicle must have seat belts, headlights, windshield wipers, safety glass, tail lamps, front and rear turn
signals and stop lamps. These vehicles must have a vehicle identification number (VIN) and be state - licensed. NEV's are
only permitted within the City limits and on roads that have speed limits less than 40 mph.
(Code 1971, §2 -39; Ord. No. 36 -1994, §1; Ord. No. 68 -1994, §12; Ord. No. 53 -1995, §20; Ord. No. 43 -1996, §17; Ord. No.
49 -1998, §9; Ord. No. 45 -1999, §9; Ord. No. 57 -2000, §5; Ord. No. 4 -2002, §1; Ord. No. 47 -2002, §19; Ord. No. 63 -2003,
§15; Ord. No. 49 -2005, §Ord. No. 39 -2007)
2.12.080
That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Parks and Open Space Fund, is hereby amended to read as
follows:
Sec. 2.12.080 Parks and Open Space Fees
The City of Aspen Parks and Open Space Fund user fees shall be as follows:
V _
Event Fees
Application - User $125.00
Application - Nonprofit $50.00
Business License - One Day $15.00
Business License - Two Days $25.00
Under 50 People $175.00
Under 50 People - Nonprofit Organizations $50.00
50 -100 People $400.00
50 -100 People - Nonprofit Organizations $200.00
101 -200 People $600.00
101 -200 People - Nonprofit Organizations $300.00
201 -500 People $3,500.00
201 -500 People - Nonprofit Organizations $500.00
Over 500 People $5,000.00
Over 500 People - Nonprofit Organizations $1,500.00
Exclusive Use of Park $7,500.00
Athletic Camps - Local Person $10.00
Athletic Camps - Non -Local Person $15.00
Athletic Tournaments /Event $750.00
Sports Classes /Day Care - Local Person $10.00
Sports Classes /Day Care - Non -Local Person $15.00
Installation of Flags on Main Street/Flag $15.00
Installation of Banners on Main Street/Banner $15.00
Filming - 1 -2 People, Camera & Tripod Only Free
Filming - 3 -10 People $50.00
Filming - 11 -30 People: Still $150.00
Filming - 11 -30 People: Video $250.00
Filming - 31 -49 People: Still $250.00
Filming - 31 -49 People: Video $500.00
Filming - 50 and Over /Day $750.00
Tree Fees
Tree Removal Permit $75.00
Tree Removal Permit - Development $200.00
Tree Mitigation Fee $41.00
Development Fees
Encroachments - Minor Review $65.00
Encroachments - Major Review $130.00
Right of Ways - Minor Review $65.00
Right of Ways - Major Review $130.00
Landscaping and Grading Permit $65.00
Landscape, Tree and Natural Resource Review Fees /Sq Ft $0.03
Administration Case $630.00
One Step Case $945.00
Two Step Case $1,260.00
Planning Review - PUD and SPA $1,575.00
(Ord. No. 45 -1999, §11; Ord. No. 47 -2002, §6; Ord. No. 63 -2003, §14; Ord. No. 38 -2004, §5; Ord. 52 -2007)
2.12.120
That Section 2.12.120 of the Municipal Code of the City of Aspen, Colorado, which section
sets forth user fees for the Aspen - Pitkin County Housing Authority, is hereby amended to
read as follows:
Sec. 2.12.120 Aspen - Pitkin County Housing Authority Fees
The Aspen - Pitkin County Housing Authority user fees shall be as follows:
Initial Sales Bid Packet Fee $40.00
Sales Packet Yearly Update Fee $40.00
Sales Bid Fee $5.00
Initial Rental Application Fee (APCA- Managed Properties) $50.00
Annual Rental Application Fee (APCHA- Managed Tax Credit Properties) $40.00
Bi- Annual Rental Requalification Fee (APCHA- Managed Properties) $40.00
Initial Rental Application Fee (Not APCHA- Managed) $25.00
Bi- Annual Rental Requalification Fee (Not APCHA - Managed) $25.00
Sales Refinancing Request (Includes Site Visit) $40.00
Document Copy Fee /Page $1.00
Minor Review $400.00
Major Review $600.00
(Ord. No. 38 -2004, §4)
A public hearing on the ordinance shall be held on the day of , 2011, 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 , 2011.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of November, 2011.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
V(t%c
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Ernemann, Assistant Finance Director
THRU: Don Taylor, Director of Finance
Steve Barwick, City Manager
DATE OF MEMO: November 21, 2011
MEETING DATE: November 28, 2011
RE: 2012 Mil Levies
REQUEST OF COUNCIL: This is for the City Council to consider adoption of the proposed mil
levies for the 2012 budget.
PREVIOUS COUNCIL ACTION: City Council and staff completed three budget work sessions
reviewing the proposed 2012 budget and 2012 -2021 Asset Management Plan.
BACKGROUND: The proposed 2012 budget assumes that the City would levy property taxes for
the benefit of the General Fund, Asset Management Plan Fund and Stormwater Fund. The
General Fund and Asset Management mil levy are by law subject to the TABOR restrictions and
the Stormwater mil levy is calculated under the provisions of TABOR by City Council direction.
TABOR provides that the amount of revenue from property taxes cannot grow by more than
the amount attributable to inflation plus new construction. This keeps total property tax
revenue from changing as assessed valuations rise or fall. As assessed valuations rose in prior
years the City reduced its tax yield to the TABOR limits by implementing a temporary mil levy
credit. As property assessed valuations have recently declined the City is able to reduce the
amount of the credit in order to collect up to the TABOR limitation.
DISCUSSION: The proposed mil levies and their respective tax yield are shown in the table
below.
Page 1 of 2
2012 Temporary 2012 Mil Levy
2012 Tax Rate Credit Rate
General Property Tax 5.410 0.894 4.516
Stormwater Fund 0.650 0.000 0.650
Total 6.060 0.894 5.166
2011 Assessed Updated Mil Levy 2012 Property
Valuation Rate Tax
General Fund $1,277,062,500 2.123 $2,711,204
Asset Management Fund $1,277,062,500 2.393 $3,056,011
Total General Mil Levy 4.516 $5,767,214
Total Stormwater Mil Levy $1,277,062,500 0.650 $830,091
Refund /Abatements $1,277,062,500 0.070 $89,394
Total 2012 Property Tax 5.236 $6,686,699
RECOMMENDED ACTION: Staff proposes that the 2012 mil levies be adopted.
ALTERNATIVES: The proposed mil levies may be amended as the City Council may deem
necessary.
PROPOSED MOTION: Move adoption of the resolution attached which approves the 2012 mil
levies as proposed.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Page 2 of 2
RESOLUTON
(SERIES OF 2011)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO SETTING THE 2012 MUNICIPAL MIL LEVY RATES AND
CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR
PITKIN COUNTY.
WHEREAS, the City Manager, designated by Charter to prepare the budget, has
prepared and submitted to the Mayor and City Council the Annual Budget for the City of
Aspen, Colorado for the fiscal year beginning January 1, 2012 and ending December 31,
2012; and
WHEREAS, the net assessed valuation of the taxable property for the year 2011
in the City of Aspen returned by the County Assessor of Pitkin County was updated on
November 21, 2011, is the sum of $1,277,062,500; and
WHEREAS, said mil levy is calculated to produce gross ad valorem tax proceeds
in the amount of $6,908,908 for collection year 2012; based upon the assessed valuation
as determined by the County Assessor, and
WHEREAS, voter approval on November 6, 2007 established the City's
Stormwater Fund mil levy rate at an amount not to exceed 0.650 mils upon each dollar of
assessed valuation on all taxable property within the City annually with no date of
expiration, permitting collection of property tax revenues in excess of the mil levy
limitation provided in Article X, Section 20 or the Colorado Constitution for property tax
collection in all future years beginning in 2008; and
WHEREAS, said mil levy rate is calculated to produce gross ad valorem tax
proceeds in the amount of $830,091 for collection year 2012; based upon the net assessed
valuation of the City of Aspen as determined by the County Assessor, and
WHEREAS, the net assessed valuation of taxable property in Aspen decreased
approximately 25.9% between 2010 and 2011 assessment years, and
WHEREAS, a temporary reduction in property tax collections is desired by the
City Council in order to reduce the tax burden on owners of taxable property within the
City of Aspen while preserving the City's ability to increase property taxes to levels
previously authorized by City of Aspen voters as described above, and
WHEREAS, C.R.S. section 39 -1 -111.5 authorizes a local government to certify a
refund in the form of a temporary property tax credit or a temporary mil levy rate
reduction, provided that the certification includes the gross mil levy, the temporary
property tax credit or temporary mil levy rate reduction expressed in mil levy equivalents,
and the net mil levy and under C.R.S. section 39- 1- 111.5(4), the Assessor shall,
concurrent with delivery of tax warrants to the Treasurer, itemize duly certified
temporary property tax credits or temporary mil levy rate reductions in the manner set
forth in C.R.S. section 39 -1- 111.5(2), and under C.R.S. section 39 -1- 111.5(5) the tax
statements shall indicate by footnote which local government mil levies reflect a
temporary property tax credit or temporary mil levy rate reduction for the purpose of
effecting a refund.
SECTION 1
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF ASPEN, Colorado for the purpose of balancing the 2012 budget, and
providing a reasonable closing fund balance for said fiscal year, levies the following
taxes upon each dollar of the total valuation for assessment of all taxable property within
the City of Aspen for the year 2011; that a temporary mil levy rate reduction is
authorized; and that the individual mil levies are expressed in terms of the gross mil levy,
the temporary mil levy rate reduction shown in mil levy equivalents, and the net mil levy
as shown below, which includes a temporary credit of 0.894 for the General Property Tax
mil levy:
2012 Temporary 2012 Mil Levy
2012 Tax Rate Credit Rate
General Property Tax 5.410 0.894 4.516
Stormwater Fund 0.650 0.000 0.650
Total 6.060 0.894 5.166
2011 Assessed Updated Mil Levy 2012 Property
Valuation Rate Tax
General Fund $1,277,062,500 2.123 $2,711,204
Asset Management Fund $1,277,062,500 2.393 $3,056,011
Total General Mil Levy 4.516 $5,767,214
Total Stormwater Mil Levy $1,277,062,500 0.650 $830,091
Refund /Abatements $1,277,062,500 0.070 $89,394
Total 2012 Property Tax 5.236 $6,686,699
SECTION 2
The City Clerk is hereby directed to certify and deliver this Resolution to the Board of
County Commissioners for Pitkin County on or before December 15, 2011.
ADOPTED THIS 28, day of November 2011
Michael C. Ireland, Mayor
I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen,
Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution
adopted by the City Council at its meeting held on November 28, 2011, which Resolution
was adopted subsequent to public hearings on the City of Aspen's 2012 Proposed
Municipal Budget and prior to the final day established by law for the certification of the
tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9 of the Aspen
Home Rule Charter.
Kathryn Koch, City Clerk
•
CERTIFICATION OF VALUES
Name of Jurisdiction: CITY OF ASPEN V 011337 New District:
USE FOR STATUTORY PROPERTY TAX REVENUE LIMIT CALCULATIONS (5.5% LIMIT)
ONLY
In accordance with 395- 121(2)(a) and 39-5-128(1), C.R.S. The total Assessed Valuations for taxable year 2011
In On 08/24/2011 Are:
Previous Year's Net Total Assessed Valuation: $1,686,426,640.00
Current Year's Gross Total Assessed Valuation: 81,277,616,700
( -) Less TIP astdct increment, if any: $0.00
Current Year's Net Total Assessed Valuation: $1,277,616,700
New Construction': $3,814,900
Increased Production of Producing Mines"': 80
ANNEXATIONS/INCLUSIONS: $342,430
Previously Exempt Federal Property's. $0.00
New Primary Oil or Gas production from any 80.00
011 and Gas leasehold or land (29-1-3010)(b) C.R.S.)"':
Taxes collected last year on omitted property
as of August 1 (29-1 -301(1 Xa) C.R.S.): $0.00
Taxes Abated or Refunded as of August 1 $89,920.60
(39- 10- 114(1)(a)(IXB) C.R.S.):
This value reflects personal property exemptions IF enacted by the jurisdiction as authorized by Art. X, Sec.20(8)(b), Cob.
Constitution
*New Construction is defined as: Taxable real property structures and the personal property connected with the structure.
JuristNotion must submit a certification to the Division 01 Local Government In order for a value to be accrued (DLG52 & 52A)
"" Jurisdiction must submit an application to the Division of Local Government in order for avalue to be accrued. (DLG 52B)
USE FOR TABOR' LOCAL GROWTH CALCULATIONS ONLY
In accordance with the Art. X, Sec. 20, Colorado Constitution and 39- 5121(2)(b), C.R.S. The Actual Valuations for the taxable year 2011
In On 08/24/2011 Are:
Current Year's Total Actual Value of NI Real Property': $11,507,298,670
ADDITIONS TO TAXABLE REAL PROPERTY: $47,925,500
Construction of taxable real property Improvements'".
ANNEXATIONSANCLUSIONS: $1,180,800
Increased Mining Production'*': $0
Previously exempt property. $91,800.00
Oil or Gas production from a new well: $0
Taxable real property omitted from the previous year's tax $0
warrant. (Only the most current year value can be reported):
DELETIONS FROM TAXABLE REAL PROPERTY IMPROVEMENTS: $17,634,900
Destruction of taxable property improvements.
Disconnections/Exclusions: $
Previously Taxable Property 80.00
'This includes the actual value of all taxable real property plus the actual value of religious, private schools, and charitable real
property
Construction Is defined as newy constructed taxable real property structures.
"" Includes production from a new mine and increase In production of a producing mine.
NOTE Al levies must be certified to the Board of County Commissioners no later than December 15, 2011 .
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MEMORANDUM
TO: Mayor and City Council
FROM: Lee Ledesma, Utilities Operations Manager
THRU: David Hornbacher, Director of Utilities and Environmental Initiatives
Randy Ready, Assistant City Manager
DATE OF MEMO: November 21, 2011
MEETING DATE: November 28, 2011
RE: Water Rate Adjustment -- Effective January 1, 2012
REQUEST OF COUNCIL: City Council approval of a water rate adjustment increasing all
customer rates by five (5) percent effective January 1, 2012. The attached ordinance, Exhibit A,
amends Sections 25.08.080, 25.16.010, 25.16.011, 25.16.020 and adds Sections 25.16.014,
25.16.015, 25.16.016, 25.16.021 of Water Service General Provisions and Water Rates and
Charges for all city of Aspen water customers.
PREVIOUS COUNCIL ACTION: The last water rate increase for city of Aspen customers
occurred April 1, 2006. • The attached memo (see Exhibit B) to council dated January 31, 2006,
outlines the details of the last water rate adjustment adopted by city council.
BACKGROUND: During the water fund budget presentation October 17th, staff identified the
necessity to adjust water rates due to increased costs of operations and to meet projected capital
project requirements. Staff will initiate a comprehensive Utility Business Plan evaluation on the
Water Utility in 2012, as well as perform a Water Utility AMP and Infrasture Analysis. The
results of these two studies will be presented to council in 2012.
DISCUSSION: After five - and - one -half years since a rate change, the Water Rate adjustments
proposed in the attached ordinance are necessary to maintain the overall financial health of the
Water Fund as previously presented to Council during the budget process in October.
FINANCIALBUDGET IMPACTS: Revenue targets for the Water Fund as presented to
council during the October 17, 2011 budget meeting include a five percent rate adjustment
effective January 1, 2012. Without the proposed rate adjustment, revenue targets and fund
balance as presented will not be met in 2012 and in the subsequent out years.
Page 1 of 2
ENVIRONMENTAL IMPACTS: The increased costs associated with usage that occurs within
the two highest tier blocks will continue to encourage conservation of our water resources in the
Aspen community and service areas.
RECOMMENDED ACTION: Staff recommends approval of the ordinance to amend Water
Rates and Charges effective January 1, 2012.
ALTERNATIVES: Water rates can be amended in any manner the Council may desire.
PROPOSED MOTION: I move to adopt Ordinance #35, 2011 on second reading.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A: Water Service General Provisions and Water Rates and Charges Ordinance
amendment
Exhibit B: Memo to City Council dated January 31, 2006 to amend Water Rates effective
April 1, 2006.
Page 2 of 2
MEMORANDUM
TO: Mayor and Council
FROM: Phil Overeynder, Utilities Director
CC: Steve Barwick, City Manager
CC: John Worcester, City Attorney
DATE: January 31, 2006
RE: Proposed 2006 Revisions to Water and Electric Rates
SUMMARY: The proposed ordinance will implement rate revisions for Water and
Electric customers consistent with the recommendations of the Utility Business Plan.
The rates contain provisions to increase revenue from the highest level of water and
electric customers and will be used to fund conservation programs consistent with council
direction. If adopted by council under the proposed schedule, the ordinance would
become effective April 1, 2006. The first bills reflecting these changes would be dated
April 30, 2006. A copy of the 2006 updates to the Utility Business Plan, incorporating
the direction of council, is attached to this memo.
PREVIOUS COUNCIL ACTION: City Council considered the Utility Business Plan
for Water and Electric in late 2004. The plan included a series of rate revisions for the
utilities spread over a two -year period for electric and over a four -year period for water.
The plan recommendations were adopted through new rate structure and charges
implemented in the spring of 2005. Council held a work session in November 2005 to
review actual results from the first year of operation and to fine tune the rate
recommendations in view of actual revenue. New initiatives in the area of water and
electric conservation were discussed.
DISCUSSION: During the November 2005 Utility Business Plan work session, council
identified a number of objectives to be incorporated in the plan and rate - setting process.
No planned changes were identified for the electric rates other than those recommended
in the November 2005 work session. The draft Business Plan included reducing the
number of years for water rate increases from four years to two years, partially in
response to higher than expected revenue. In addition, Council expressed a desire to
further increase unit cost to the highest user groups of water customers ,with the
increased revenue going towards a water conservation fund. In addition, Council
believed it was desirable to increase the financial reserves in the water fund to deal with
water rights challenges in the Upper Roaring Fork drainage.
CURRENT ISSUES: The Water and Electric Utility Business Plan Study dated January
30, 2006, (2006 Study) presents two options to adjust rates. The additional revenue from
either of these would be used to fund conservation programs. Two scenarios are
presented beginning on page 4 of the 2006 Study, which is attached. Scenario 1 would
generate approximately $150,000. The additional revenue would be generated by
lowering the water consumption threshold for the top two blocks (blocks 3 and 4) and
through increased rates for consumption in these two upper tiers. Details of potential
conservation uses for these funds is also attached.
FINANCIAL IMPLICATIONS: The financial implications of the proposed rates are
detailed in the attached Long Range Financial Plans for the water and electric fund as
part of the 2006 Study. A comparison of the existing 2005 and proposed 2006 rates is
also included for both water and electric customers.
ENVIRONMENTAL IMPLICATIONS: The expanded conservation program
elements for both the water and electric funds will contribute to increased resource
efficiency, and support the City's Canary Initiative.
RECOMMENDATION: Staff recommends implementation of the 2006 water and
electric recommendations contained in the 2006 Study. Scenario 1 is recommended for
water rates.
ALTERNATIVES: During the most recent work session council requested an increase
in funding for the water conservation program, without specifying an amount to be
generated. Scenario 2 would generate approximately $80,000 annually as opposed to
Scenario 1 which would generate $150,000 additional revenue for this program.
PROPOSED MOTION: I move to adopt ordinance 255 20o t
CITY MANAGER COMMENTS:
ORDINANCE NO.
Series of 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND
CHAPTER 25.08, "WATER SERVICE — GENERAL PROVISIONS" AND CHAPTER 25.16, "WATER
RATES AND CHARGES ", OF THE MUNICIPAL CODE OF THE CITY OF ASPEN
WHEREAS, the City Council has adopted a policy of requiring all users of the water systems
operated by the City of Aspen to pay fees that fairly approximate the costs of providing such 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; and
WHEREAS, the City Council has determined that rates charged for water service should provide an
incentive for conservation of natural resources.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
That Section 25.08.080 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly rate reviews, is hereby amended to read as follows:
Sec. 25.08.080. Rate reviews.
(a) The monthly demand, out -of -city service, fire protection, variable and pumping charges in
Sections 25.16.010 and 25.16.020 shall be set annually in accordance with the following
criteria:
(1) The expected annual revenue from all such monthly charges plus the expected
annual revenue from utility investment charges shall recover the annual water budget
approved by City Council.
(2) The monthly demand charge per customer shall be based upon"
(a) The customer's ECU rating.
(b) The customer's billing area factor.
(c) The total weighted ECU served by the water utility at the beginning of the year.
(d) Forty percent (40 %) of the approved annual debt service for the water utility.
(e) That portion of sixty percent (60 %) of annual debt service not projected to be
recovered from utility investment charges.
(f) A portion of annual fixed wage, insurance and administrative costs approved for
the water utility.
(3) The demand charge shall also provide for a contingency fund based on water utility
costs and revenues in the previous year. This contingency fund shall not accumulate
from year to year.
(4) The monthly variable charge per customer shall be based upon:
(a) The thousands of gallons of ordinary water used by the customer during a three -
month meter - reading cycle.
(b) The total projected annual thousands of gallons of ordinary water use, including
an allowance for leakage and other losses.
(c) Those annual operation, maintenance or other costs approved for the water utility
not allocated to utility investment, demand, pumping or fire protection charges.
(5) The monthly pumping charge per customer shall be based upon:
(a) The thousands of gallons delivered to the customer via pumping during any
three -month meter - reading cycle.
(b) The number of pump stations required to deliver water to the customer.
(c) The total projected annual thousands of gallons to be delivered via pumping.
(d) The weighted average number of pump stations in the water system
(e) The projected annual power, repair, operation and maintenance costs approved
for all pump stations.
(6) Reserved.
(7) The monthly fire protection charge per customer shall be based upon:
(a) The customer's ECU rating/
(b) The customer's billing area factor.
(c) The total weighted ECUs served by the water utility at the beginning of the year.
(d) Those approved annual debt service and fixed operation and maintenance costs
allocated to fire protection.
(b) The base utility investment charge in Subsection 25.12.040(a) and projected annual
revenues from utility investment charges shall be reviewed by City Council each year and the base
utility investment charge shall be adjusted so as to allocate as nearly as practical forty percent (40 %)
of the annual debt service approved for the water system to on -line customers and sixty percent (60 %)
to future customers who may connect to the water system in the coming year.
(c) The billing area factors in Subsection (b) of Section 25.08.070 and the sixty percent/forty
percent (60 %/40 %) allocation in Subsection (b) of this Section shall be reviewed by council every
five (5) years in light of the asset value of the water system and of any major capital improvements to
this system and the billing area factors and the sixty percent/forty percent (60 %/40 %) allocation shall
be adjusted so that debt service and other fixed costs approved for the water system are allocated as
nearly as practical among billing areas and between on -line customers and future customers in
proportion to the benefits conferred by major capital improvements.
(d) No schedule of water rates and charges proposed pursuant to such annual or five (5) year
reviews shall be effective except after public hearing and thirty (30) days' notice to the public. Such
notice shall be given by keeping open for public inspection at the office of the Director of Finance the
proposed annual water budget and the proposed schedule of the rates and charges. In addition, notice
shall be given by publishing a notice of the availability of the proposed budget and rate schedule at
least once in a newspaper of general circulation in the billing area of the City water utility at least
thirty (30) days and no more than sixty (60) days prior to the date set for public hearing on the
adoption of the proposed schedule. The published notice shall also specify the date, time and place
for the public hearing on the proposed budget and rate schedule. The City Council may adjourn and
reconvene said hearings as necessary.
(e) For good cause shown, the City Council may adopt a new budget and rate schedule
without thirty (30) days' notice and public hearing by an order specifying the budget and rate
schedule, the circumstances necessitation the adoption of the rate schedule and budget without thirty
(30) days' notice and public hearing, the time when the changes shall take effect and the manner in
which the changes shall be published. (Code 1971, § 23 -43; Ord. No. 27 -1985, § 1; Ord. No.51-
1987, § 3; Ord. No. 18 -1988, § 2; Ord. No. 34 -1988, § 2,3; Ord. No. 39 -1993, § 3)
Section 2.
That Section 25.16.010 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water service rates, is hereby amended to read as follows
Sec.25.16.010. Monthly rates for metered water service.
All metered customers except temporary construction, grandfathered -in, and pre -tap customer
accounts shall pay the sum of charges one (1) through seven (7) that follow:
(1) A demand charge of four dollars and fifty -seven cents ($4.57) per ECU per month for
Billing Area 1; nine dollar and fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars
and fifteen cents ($9.15) per ECU per month for Billing Area 3; five dollars and seventy -one cents
($5.71) per ECU per month for Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month
for Billing Area 5; nine dollars and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars
and eighty -six cents ($6.86) per ECU per month for Billing Area 7.
(2) A variable charge of one dollar and sixty -nine cents ($1.69) per thousand (1,000) gallons
of the first five thousand (5,000) gallons of metered usage per ECU.
(3) A variable charge of two dollars and nineteen cents ($2.19) per thousand (1,000) gallons
of metered usage from five thousand one (5,001) to fifteen thousand (15,000) gallons per ECU.
(4) A variable charge of three dollars and twelve cents ($3.12) per thousand (1,000) gallons
for metered usage from fifteen thousand one (15,001) gal Ions to twenty thousand (20,000) gallons per
ECU.
(5) A variable charge of four dollars and sixty -eight cents ($4.68) per thousand (1,000)
gallons for metered usage in excess of twenty thousand (20,000) gallons per ECU.
(6) A pumping charge of one dollar and fifteen cents ($1.15) per thousand (1,000) gallons
pumped with service through one (1) pump station, two dollars and thirty cents ($2.30) per thousand
(1,000) gallons pumped with service through two (2) pump stations; and three dollars and forty -five cents
($3.45) per thousand (1,000) gallons pumped with service through three (3) pump stations.
(7) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for
Billing Area 1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and
sixty cents ($2.60) per ECU per month for Billing Area 3; one dollar and sixty -three cents ($1.63) per
ECU per month for Billing Area 4; two dollars and twenty -eight cents ($2.28) per ECU per month for
Billing Area 5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and
ninety -five cents ($1.95) per ECU per month for Billing Area 7.
Section 3.
That Section 25.16.011 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth bulk rates for metered service, is hereby amended to read as follows:
Sec.25.16.011. Bulk rates for metered water service.
(a) The demand charge for the filler hydrant bulk water sales pursuant to Subsection
25.08.020(e) shall be ten dollars and fifty cents ($10.50) per use.
(b) The variable charge for filler hydrant bulk water sales pursuant to Subsection 25.08.020(e)
shall be four dollars and sixty -eight cents ($4.68) per thousand (1,000) gallons. (Ord. No. 41-
2004,§3; Ord. No. 7 -2006, § 3)
Section 4.
That Section 25.16.014 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water rates for Temporary Construction accounts, is hereby added to read as follows:
Sect. 25.16.014. Monthly rates for temporary construction water service.
All temporary construction accounts shall pay the sum of charges one (1) and two (2).
(1) Four dollars and fifty -seven cents ($4.57) per ECU per month for Billing Area 1; nine dollar and
fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars and fifteen cents ($9.15) per
ECU per month for Billing Area 3; five dollars and seventy -one cents ($5.71) per ECU per month for
Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month for Billing Area 5; nine dollars
and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars and eighty -six cents ($6.86)
per ECU per month for Billing Area 7.
(2) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for Billing Area
1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and sixty cents
($2.60) per ECU per month for Billing Area 3; one dollar and sixty -three cents ($1.63) per ECU per
month for Billing Area 4; two dollars and twenty -eight cents ($2.28) per ECU per month for Billing Area
5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and ninety -five
cents ($1.95) per ECU per month for Billing Area 7.
Section 5.
That Section 25.16.015 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water rates for Grandfathered -In accounts, is hereby added to read as follows:
Sect. 25.16.015. Monthly rates for grandfathered -in water service.
All grandfathered -in accounts shall pay the sum of charges one (1) and two (2).
(1) Four dollars and fifty -seven cents ($4.57) per ECU per month for Billing Area 1; nine
dollar and fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars and fifteen cents
($9.15) per ECU per month for Billing Area 3; five dollars and seventy -one cents ($5.71) per ECU per
month for Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month for Billing Area 5; nine
dollars and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars and eighty -six cents
($6.86) per ECU per month for Billing Area 7.
(2) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for
Billing Area 1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and
sixty cents ($2.60) per ECU per month for Billing Area 3; one dollar and sixty -three cents ($1.63) per
ECU per month for Billing Area 4; two dollars and twenty -eight cents ($2.28) per ECU per month for
Billing Area 5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and
ninety -five cents ($1.95) per ECU per month for Billing Area 7.
Section 6.
That Section 25.16.016 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water rates for pre -tap accounts, is hereby added to read as follows:
Sect. 25.16.016. Monthly rates for pre -tap water service.
All pre -tap accounts shall pay the sum of charges one (1) and two (2).
(1) Four dollars and fifty -seven cents ($4.57) per ECU per month for Billing Area 1; nine
dollar and fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars and fifteen cents
($9.15) per ECU per month for Billing Area 3; five dollars and seventy -one cents ($5.71) per ECU per
month for Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month for Billing Area 5; nine
dollars and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars and eighty -six cents
($6.86) per ECU per month for Billing Area 7.
(2) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for
Billing Area 1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and
sixty cents ($2.60) per ECU per month for Billing Area 3; one dollar and sixty -three cents ($1.63) per
ECU per month for Billing Area 4; two dollars and twenty -eight cents ($2.28) per ECU per month for
Billing Area 5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and
ninety -five cents ($1.95) per ECU per month for Billing Area 7.
Section 7.
That Section 25.16.020 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly rates for unmetered water service, is hereby amended to read as follows:
Sec. 25.16.020. Monthly rates for unmetered water service.
(a) All unmetered customers shall pay a flat rate demand charge of seventy- three dollars
and ninety - two cents ($73.92) per ECU per month for Billing Area 1; one hundred seven
dollars and zero cents ($107.00) per ECU per month for Billing Area 2; one hundred
thirty -five dollars and seventy -five cents ($135.75) per ECU per month for Billing Area
3; seventy -five dollars and six cents ($75.06) per ECU per month for Billing Area 4;
seventy -seven dollars and thirty -five cents ($77.35) per ECU per month for Billing Area
5; seventy -eight dollars and fifty cents ($78.50) per ECU per month for Billing Area 6;
seventy -six dollars and twenty -one cents ($76.21) per ECU per month for Billing Area 7.
(b) With respect to the water rates and charges contained in Sections 25.166.010 and
25.16.020, in case of verifiable hardship and upon approval of both the Finance Director
and the Water Superintendent, special billing arrangements may be made.
Section 8.
That Section 25.16.021 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly rates for senior water service, is hereby added to read as follows:
Sec.25.16.021. Senior water rates.
(a) Any qualified senior citizen who so applies shall be entitled to a rebate and adjustment in the
individual water rates set forth in Sections 25.16.010 and 25.16.020.
(1) Qualified senior citizen shall be defined by the Pitkin County Social Services Department
in consultation with the Pitkin County Senior Services Council.
(2) Application for the rebate and adjustment shall be as established by the City Manager in
consultation with the Finance and Water Utility Departments. The City Manager shall first coordinate
with Pitkin County Social Services Department and the Pitkin County Senior Services Council as
necessary to ensure that qualified senior citizens are made aware of their eligibility for this program and
application procedure is conducive to their participation.
(3) Metered residences owned or leased by qualified senior citizens will be charged only
ninety percent (90 %) of the demand and fire protection charges set forth in Subsections 25.16.010
Paragraph one (1) and 25.16.010 Paragraph seven (7) and one hundred percent (100 %) of the variable and
pumping charges set forth in Subsections 25.16.010 Paragraph two (2) through Paragraph six (6) and as
determined by the service area factor and the ECU rating of the residence. Unmetered or flat rate
residence owned or leased by qualified senior citizens will be charged thirty percent (30 %) of the total
charge set forth in Subsection 25.16.020(a) as determined by the service area factor and the ECU rating of
the residence. (Code 1971, § 23 -102; Ord. No. 27 -1985, § 1; Ord. No. 48 -1986, § 1(A) (B); Ord. No. 51-
1987, §2; Ord. No. 1 -1988, §Ord. No. 8 -1990, § 2; Ord. 39 -1993, §7)
Section 9:
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 10:
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.
A public hearing on this ordinance shall be held on the 28` day of November, 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, a
minimum of 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 day of , 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of , 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
SJIIt e
MEMORANDUM
TO: Mayor and City Council
FROM: Lee Ledesma, Utilities Operations Manager
THRU: David Hornbacher, Director of Utilities and Environmental Initiatives
Randy Ready, Assistant City Manager
DATE OF MEMO: November 21, 2011
MEETING DATE: November 28, 2011
RE: Amend Electric Large Commercial Rates
REQUEST OF COUNCIL: City Council approve an amendment to electric large commercial
rates consistent with council direction for a four -year transition on large commercial customers to
cost -of- service as discussed during the September 26, 2011 Public Hearing on Electric Rate
Adjustments — Second Reading. Ordinance to amend Large Commercial rates is attached as
Exhibit A.
PREVIOUS COUNCIL ACTION: The ordinance approved on September 26 was for a two -
year, cost -of- service transition for large commercial customers. The attached ordinance is
intended to amend Section 25.04.040 of Electric Service Rates specifically as they apply to large
commercial customer class to correct Ordinance as adopted on September 26, 2011, which
inadvertently contained erroneous rates for large commercial customers.
BACKGROUND: This ordinance adjusts the large commercial rates from a two -year to a four -
year transition period consistent with council direction at the September 26`h Electric Adjustment
Public Hearing.
DISCUSSION: The Electric Rate Adjustments Second Reading memo to Council dated
September 26, 2011, outlines the recommendations of staff for the large commercial customer
class and reflects what city council approved during that Public Hearing. Subject council memo
is attached as Exhibit B.
FINANCIAL /BUDGET IMPACTS: Revenue targets for the Electric Fund as presented to
council during the first and second reading of the Electric Rate Adjustments would not match
actually revenues billed for this customer class.
Page 1 of 2
ENVIRONMENTAL IMPACTS: The objective of Aspen Electric is to provide 100 percent
renewable energy by 2015 in conjunction with the goals for emissions reductions set out in the
Climate Action Plan of the City of Aspen's Canary Initiative, which was adopted in 2007. The
Climate Action Plan calls for a reduction in greenhouse gas emissions of 30 percent by 2020 and
80 percent by 2050 using 2004 levels as a comparative base.
RECOMMENDED ACTION: Staff recommends approval of the ordinance amending large
commercial rates.
ALTERNATIVES: Not amend September 26 ordinance and proceed with two -year
implementation of cost -of- service for large commercial class.
PROPOSED MOTION: I move to adopt Ordinance #36, 2011.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A: Electric Service Rate Ordinance for Large Commercial customers
Exhibit B: Memo to City Council dated September 26, 2011 re: Electric Rate Adjustments
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: David Hornbacher, Director of Utilities and Environmental
Initiatives
THRU: Randy Ready, Assistant City Manager
Don Taylor, Finance /Administrative Services Director
DATE OF MEMO: September 19, 2011
MEETING DATE: September 26, 2011
RE: Electric Rate Adjustments — Second Reading
REVISIONS SINCE 1" READING: The following memo content is from the First
Reading memorandum presented to City Council on September 6 2011. This includes
exhibits A through G for reference.
For Second Reading, the revisions are:
• Within the Current Issues Section, a 4` bullet point was added addressing the
development of a retail rate adjustment mechanism that is tied directly to
wholesale rate changes.
• Exhibit C, Electric Rate Study Phase II Report was updated from the draft August
26, 2011 report to the final September 19, 2011 Report. There are no substantive
changes to the report.
• An Exhibit H is including which is the financial comparison for large commercial
users provided to Council at the 1 Reading.
REQUEST OF COUNCIL: The attached ordinance, Exhibit A, represents council's
directive to recover from each customer class (Residential, Small Commercial, Large
Commercial and City Facilities) the full cost of providing service to these classes.
The rate adjustments are based on Alternative 1 as presented during the September 6,
2011 council work session. Exhibit B is the September 6, 2011 work session council
memo and Exhibit C is the Phase II Electric Rate Study Report dated August 26, 2011.
Beginning in spring of 2010, staff and Red Oak Consultants have been analyzing the
Electric Fund revenues and expenditures to determine the proposed rate adjustments that
address current and projected expenses including increasing purchased power costs and
the continued actions promoting conservation and energy efficiency throughout our
electric service area.
1
The following table summarizes the electric rate adjustments for the next four years.
..ate...., .. :._.
*t# . ; . gy m,
Altemadve 1 - Cost of Service Transition
Residential 4.8% 5.0% 3.0% 2.4% 16.1% 4.0%
Small Commercial 4.3% 0.0% 0.0% 0.0% 4.3% 1.1%
Large Commercial 4.8% 1.5% 1.0% 0.5% 8.0% 2.0%
Small City Facilities 4.9% 3.0% 3.0% 2.1% 13.6% 3.4%
Large City Facilities 1.6% 2.0% 2.0% 2.0% 7.8% 2.0%
If adopted by council under the proposed schedule, the new ordinance would become
effective October 1, 2011 and the first bills reflecting these changes would be dated
November 30, 2011.
PREVIOUS COUNCIL ACTION: Existing rates have been in effect since April 2009.
The rates include availability, energy and demand charges. The existing availability
charge varies by amperage size and is consistent in all customer classes. The energy
charges for residential and small commercial customers currently use a four -tier rate
structure, with the cost per kWh lower in the first and second tier and higher in the third
and fourth tier to further encourage energy conservation and efficiency. Energy charges
for large commercial customers currently use a single tier rate structure with a demand
charge that is based on a minimum instantaneous demand of 30 kW in each 30 -day
billing cycle. This large commercial rate encourages users to shift their energy use to off -
peak hours but does not provide an incentive to reduce the overall usage of power. No
consistent rate recovery policy for city facilities has been created. Currently, a variety of
different billing mechanisms are used depending on the characteristics of each account.
The existing electric rates were also designed to provide additional revenue to purchase
renewable energy and offer energy efficiency programs and rebates to the Aspen
community.
BACKGROUND: In the fall of 2009, during Council's review of the 2010 budget, staff
requested a 4 percent rate increase to electric rates to become effective January 2010, to
offset the 5.8 percent purchase power increase that was implemented by MEAN at the
beginning of 2009. In the summer of 2010, staff returned to City Council, requesting an
electric rate increase during Phase I of the Electric Rate Study to offset both the 2009 and
2010 MEAN purchase power increase. Please review Exhibit "D" for further details on
the July 2010, Phase I Electric Rate Study work session with Council. Staff has been
requesting that City Council consider electric rate adjustments for the last three years to
reflect an announced increase in wholesale electric rates that were expected to
significantly affect the cost of power purchased from the Municipal Energy Agency of
Nebraska (MEAN) for the years 2009, 2010, 2011 and 2012. City Council elected to
defer consideration of any rate adjustments at that time because of the prevailing
2
economic conditions in the community at the time of the wholesale rate increases.
Energy purchases from MEAN constitute the largest cost of operation of the electric
utility. Wholesale rates for purchased power have now been raised an average of 7.5
percent in each of the last three years, contributing to a decline in the required Electric
Fund reserve over that time period.
DISCUSSION: During discussions leading up to the adoption of the 2009 inverted
block rates for the Electric Utility, a number of consensus viewpoints were identified.
Council's decision and consensus points from these previous discussions were as follows:
1) Increasingly higher electric usage is subject to higher rates. A four -tier block rate
structure is preferred. The maximum usage for each class is set through
identifying use patterns of comparable users (i.e. larger amperage electric service
given higher use allowance, which is similar to water rates).
2) Rate schedules should provide energy conservation incentives. Those that use
less than average users will pay less than average cost.
3) The additional revenues collected from higher electrical users should support the
initial /increased cost of running conservation programs and for adding renewable
energy to purchase power mix.
4) It is recognized that large commercial customers have more uniform electric
demands over time. Since wholesale rates are based on this factor, cost savings in
wholesale prices should be reflected in the rate for large commercial customers.
5) Service charges should reflect pro -rated fixed expenses, (i.e. Billing; Meter
Reading with AMR component; and, Cost of Lost Energy —i.e. transformer /line
losses).
6) A rate increase during the peak of the recession was unacceptable even though
wholesale rates for energy were going up rapidly and drawing down reserves and
cutting back on/delaying capital projects was preferred.
During the July 2010, Electric Utility Rate Study Phase I work session, Council identified
a number of objectives to be incorporated in Phase 11 of this study. Specifically requested
was determining the cost of providing electric service to each customer class for years
2012 through 2015 in order to produce sufficient revenue to meet annual Electric Fund
requirements for each of those years.
Currently there is not a separate rate class for City Facilities. New facilities that will be
connecting to the system, (ARC, Water Plant site, Golf and Parks sites) increase energy
sales with corresponding additional wholesale costs for the electric utility. Alternative 1
includes specific rates for a new City Facilities customer rate class, which considers
electric utility costs appropriate to this new class.
3
CURRENT ISSUES: Council supports developing an electric rate system (cost of
service) that is based on the cost to deliver power to specific customer groups. The Phase
II Rate study specifically identifies the cost to provide service to each rate class and is
shown as Alternative 1. Cost of Service is designed to transition from the current rate
system to a structure that recovers the costs specific to each of the four rate classes,
Residential, Small Commercial, Large Commercial, and City Facilities. The table shown
on page one of this memo summarizes the percentage change for each rate class. Note
that this percentage varies by rate class to achieve a cost of service structure.
1) Consistent with council direction, transition to Cost of Service is proposed as
follows:
a) Residential customer rates will transition over a six -year phase -in period reaching
full Cost of Service, and an additional 4 years to fully incorporate the Availability
Charge within their customer class for a total 10 -year implementation schedule.
b) Small commercial customer rates will transition over a six -year phase -in period
reaching full Cost of Service, and an additional 4 years to fully incorporate the
Availability Charge within their customer class for a total 10 -year implementation
schedule.
c) Large commercial customers will transition over a four -year phase -in period
reaching full Cost of Service, and, an additional 6 years to fully incorporate the
Availability Charge within their customer class, for a total 10 -year
implementation schedule. The transition from a 30 kW minimum peak demand to
a 50 kW minimum peak demand to qualify for the large commercial rate is
revised from two to four years.
d) City facilities customers will transition over a four -year phase -in period reaching
full cost of Service and six additional years to fully incorporate the Availability
Charge within their customer class, for a total 10 -year implementation schedule.
2) Council supports an electric rate structure where increased rates for energy
(kWh) focus on higher energy users in the third and fourth tier, maintaining a
smaller rate adjustment for lower usage electric customers in the first and
second tiers.
a) For Residential rates, currently the differences between tiers per kWh are: 45%
between 1 and 2 " tiers; 50% between 2 " and 3` tiers; and 50% between 3` and
4 tiers.
As proposed in Alternative 1: transition between tiers for Residential customers
would be: 50% between 1 and 2 " tiers; 50% between 2 and 3 tiers; and, 75%
between 3 and 4 tiers.
4
b) For Small Commercial rates, currently the differences between tiers per kWh are:
20% between 1st and 2 "d tiers; 50% between 2" and 3` tiers; and 50% between 3`
and 4 tiers.
As proposed in Alternative 1, transition between tiers for Small Commercial
customers would be: 25% between 1st and 2 tiers; 50% between 2 " and 3` tiers;
and, 60% between 3` and 4 tiers.
c) For Large Commercial, currently there is a single tier. As proposed, a second tier
is added.
3) The proposed change to the energy capacity (kW) definition for Large
Commercial customer class from 30 kW to 50 kW over a 4 -year phase -in period
is contained in attached ordinance
a) Existing large commercial accounts have a peak demand set at 30 kW. The
ordinance proposes a change of 35 kW effective January 2012; 40 kW effective
January 2013; 45 kW effective January 2014; and, 50 kW effective January 2015.
This change would also be consistent with the rate definitions of a 50 kW
minimum currently used by Holy Cross Energy. The financial analysis of phasing
in the Large Commercial change in peak demand from a two -year period to a
four -year period will be updated and presented at first reading.
4) Changes in future Wholesale Energy Cost
a) The Electric Rate study analysis included detailed information and projections of
wholesale rates from the City's energy supplier, M.E.A.N., the Municipal Energy
Agency of Nebraska. If in the future, the wholesale rates are outside of the
projected range, staff could then prepare for Council review a mechanism that
would adjust retail electric rates specific to electric wholesale rate adjustments.
FINANCIAL IMPLICATIONS: The financial implications of the proposed rates for
the two Alternatives are detailed in the attached Long Range Plans (LRPs) for the
Electric Fund (Exhibit "E ") and Renewable Fund (Exhibit "F ") as part of this 2011 Rate
Study. As stated previously, projected revenue from existing rates is estimated to total
approximately $7.03 million in 2012. A financial comparison of the existing electric rate
revenue with those proposed to be in effect by 2015 is attached and labeled Exhibit "G ".
ENVIRONMENTAL IMPLICATIONS: The objective of Aspen Electric is to provide
100 percent renewable energy by 2015 in conjunction with the goals for emissions
reductions set out in the Climate Action Plan of the City of Aspen's Canary Initiative,
which was adopted in 2007. The Climate Action Plan calls for a reduction in greenhouse
gas emissions of 30 percent by 2020 and 80 percent by 2050 using 2004 levels as a
comparative base.
5
RECOMMENDED ACTION: Alternative 1 of the Electric Utility Rate Study, as
outlined in the attached ordinance, is recommended as the best option to satisfy the
objectives of council. However, either Alternative 1 or Alternative 2 will produce
sufficient revenue to meet annual financial requirements identified in the City's Long
Range Plan for years 2012 through 2015, with an implementation date of November
2011.
ALTERNATIVES: Develop a rate adjustment not included in the alternatives presented
at this work session.
Exhibit A: Electric Rate Ordinance
Exhibit B: September 6, 2011 Work Session Council Memo
Exhibit C: September 19, 2011 Phase II Electric Rate Study Final Report
Exhibit D: July 2010 Phase I Electric Rate Study Report
Exhibit E: Electric Fund Long Range Plan
Exhibit F: Renewable Energy Fund Long Range Plan
Exhibit G: Comparison of existing Electric Rates with Proposed Alternative 1
Exhibit H: Financial Comparison of Large Commercial Classification Change, 30 kW
to 50 kW.
6
ORDINANCE NO. O`P
Series of 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
AMEND SECTION 25.04.040, ELECTRIC SERVICE RATES, OF THE MUNICIPAL CODE.
WHEREAS, the City Council has adopted a policy of requiring all users of the electric
systems operated by the City of Aspen to pay fees that fairly approximate the costs of providing
such services; and
WHEREAS, the City Council did adopt Ordinance No. 29, Series of 2011, which amended
the electric rates for all customers and which inadvertently contained erroneous rates for large
commercial customers; and
WHEREAS, the City Council desires to correct that error by amending Section 25.04.040 as
set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That Sections 25.04.040(xxii) through (xxxii) of the Municipal Code of the City of Aspen,
Colorado, which section sets forth monthly electric service rates for certain large commercial
customers, is hereby amended to read as follows:
25.04.040 Electric service rates.
(xxii) Effective November 1, 2011, and through December 2012, the retail service
rate for 100 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty-five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 100 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty (40) kW and
greater, shall be $0.0717 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0896 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 100 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty-five (45) kW
and greater, shall be $0.0695 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0869 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2015,
the retail service rate for 100 AMP large commercial customers, with operable
demand metering systems in place and measured usage of fifty (50) kW and
greater, shall be $0.0676 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0845 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.70 per kW of
metered peak usage for that meter reading cycle.
(xxiii) Effective November 1, 2011, and through December 2012, the retail service
rate for 200 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 200 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty (40) kW and
greater, shall be $0.0717 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0896 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 200 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty -five (45) kW
and greater, shall be $0.0695 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0869 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2015,
the retail service rate for 200 AMP large commercial customers, with operable
demand metering systems in place and measured usage of fifty (50) kW and
greater, shall be $0.0676 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0845 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.70 per kW of
metered peak usage for that meter reading cycle.
(xxiv) Effective November 1, 2011, and through December 2012, the retail service
rate for 300 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 300 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty (40) kW and
greater, shall be $0.0717 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0896 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 300 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty -five (45) kW
and greater, shall be $0.0695 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0869 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2015,
the retail service rate for 300 AMP large commercial customers, with operable
demand metering systems in place and measured usage of fifty (50) kW and
greater, shall be $0.0676 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0845 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.70 per kW of
metered peak usage for that meter reading cycle.
(xxv) Effective November 1, 2011, and through December 2012, the retail service
rate for 400 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 400 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty (40) kW and
greater, shall be $0.0717 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0896 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 400 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty -five (45) kW
and greater, shall be $0.0695 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0869 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2015,
the retail service rate for 400 AMP large commercial customers, with operable
demand metering systems in place and measured usage of fifty (50) kW and
greater, shall be $0.0676 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0845 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.70 per kW of
metered peak usage for that meter reading cycle.
(xxvi) Effective November 1, 2011, and through December 2012, the retail service
rate for 600 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 600 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty (40) kW and
greater, shall be $0.0717 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0896 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 600 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty -five (45) kW
and greater, shall be $0.0695 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0869 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2015,
the retail service rate for 600 AMP large commercial customers, with operable
demand metering systems in place and measured usage of fifty (50) kW and
greater, shall be $0.0676 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0845 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.70 per kW of
metered peak usage for that meter reading cycle.
(xxvii) Effective November 1, 2011, and through December 2012, the retail service
rate for 800 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 800 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty (40) kW and
greater, shall be $0.0717 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0896 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 800 AMP large commercial customers, with operable
demand metering systems in place and measured usage of forty-five (45) kW
and greater, shall be $0.0695 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0869 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2015,
the retail service rate for 800 AMP large commercial customers, with operable
demand metering systems in place and measured usage of fifty (50) kW and
greater, shall be $0.0676 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0845 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $9.70 per kW of
metered peak usage for that meter reading cycle.
(xxviii)Effective November 1, 2011, and through December 2012, the retail service
rate for 1000 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 1000 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty (40)
kW and greater, shall be $0.0717 per kWh for metered usage for first twenty -
nine thousand (29,000) kWh; and, $0.0896 for metered usage in excess of
twenty -nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 1000 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty -five
(45) kW and greater, shall be $0.0695 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0869 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.00
per kW of metered peak usage for that meter reading cycle. Effective January
1, 2015, the retail service rate for 1000 AMP large commercial customers,
with operable demand metering systems in place and measured usage of fifty
(50) kW and greater, shall be $0.0676 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0845 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.70
per kW of metered peak usage for that meter reading cycle.
(xxix) Effective November 1, 2011, and through December 2012, the retail service
rate for 1200 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty -nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 1200 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty (40)
kW and greater, shall be $0.0717 per kWh for metered usage for first twenty-
nine thousand (29,000) kWh; and, $0.0896 for metered usage in excess of
twenty -nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 1200 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty -five
(45) kW and greater, shall be $0.0695 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0869 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.00
per kW of metered peak usage for that meter reading cycle. Effective January
1, 2015, the retail service rate for 1200 AMP large commercial customers,
with operable demand metering systems in place and measured usage of fifty
(50) kW and greater, shall be $0.0676 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0845 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.70
per kW of metered peak usage for that meter reading cycle.
(xxx) Effective November 1, 2011, and through December 2012, the retail service
rate for 1600 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty-nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty-
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 1600 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty (40)
kW and greater, shall be $0.0717 per kWh for metered usage for first twenty -
nine thousand (29,000) kWh; and, $0.0896 for metered usage in excess of
twenty -nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 1600 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty -five
(45) kW and greater, shall be $0.0695 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0869 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.00
per kW of metered peak usage for that meter reading cycle. Effective January
1, 2015, the retail service rate for 1600 AMP large commercial customers,
with operable demand metering systems in place and measured usage of fifty
(50) kW and greater, shall be $0.0676 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0845 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.70
per kW of metered peak usage for that meter reading cycle.
(xxxi) Effective November 1, 2011, and through December 2012, the retail service
rate for 1800 AMP large commercial customers, with operable demand
metering systems in place and measured usage of thirty -five (35) kW and
greater, shall be $0.0730 per kWh for metered usage for first twenty-nine
thousand (29,000) kWh; and, $0.0913 for metered usage in excess of twenty -
nine thousand (29,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 1800 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty (40)
kW and greater, shall be $0.0717 per kWh for metered usage for first twenty -
nine thousand (29,000) kWh; and, $0.0896 for metered usage in excess of
twenty -nine thousand (29,000) kWh plus a demand charge of $8.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2014,
the retail service rate for 1800 AMP large commercial customers, with
operable demand metering systems in place and measured usage of forty -five
(45) kW and greater, shall be $0.0695 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0869 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.00
per kW of metered peak usage for that meter reading cycle. Effective January
1, 2015, the retail service rate for 1800 AMP large commercial customers,
with operable demand metering systems in place and measured usage of fifty
(50) kW and greater, shall be $0.0676 per kWh for metered usage for first
twenty -nine thousand (29,000) kWh; and, $0.0845 for metered usage in
excess of twenty -nine thousand (29,000) kWh plus a demand charge of $9.70
per kW of metered peak usage for that meter reading cycle.
(xxxii) Effective November 1, 2011, and through December 2012, the retail service
rate for 2000 AMP and above large commercial customers, with operable
demand metering systems in place and measured usage of thirty -five (35) kW
and greater, shall be $0.0730 per kWh for metered usage for first sixty -three
thousand (63,000) kWh; and, $0.0913 for metered usage in excess of sixty -
three thousand (63,000) kWh plus a demand charge of $7.00 per kW of
metered peak usage for that meter reading cycle. Effective January 1, 2013,
the retail service rate for 2000 AMP and above large commercial customers,
with operable demand metering systems in place and measured usage of forty
(40) kW and greater, shall be $0.0717 per kWh for metered usage for first
sixty -three thousand (63,000) kWh; and, $0.0896 for metered usage in excess
of sixty -three thousand (63,000) kWh plus a demand charge of $8.00 per kW
of metered peak usage for that meter reading cycle. Effective January 1,
2014, the retail service rate for 2000 AMP and above large commercial
customers, with operable demand metering systems in place and measured
usage of forty -five (45) kW and greater, shall be $0.0695 per kWh for metered
usage for first sixty -three thousand (63,000) kWh; and, $0.0869 for metered
usage in excess of sixty -three thousand (63,000) kWh plus a demand charge
of $9.00 per kW of metered peak usage for that meter reading cycle. Effective
January 1, 2015, the retail service rate for 2000 AMP and above large
commercial customers, with operable demand metering systems in place and
measured usage of fifty (50) kW and greater, shall be $0.0676 per kWh for
metered usage for first sixty -three thousand (63,000) kWh; and, $0.0845 for
metered usage in excess of sixty -three thousand (63,000) kWh plus a demand
charge of $9.70 per kW of metered peak usage for that meter reading cycle.
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 conducted 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.
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 4:
A public hearing on this ordinance shall be held on the 28 day of November, 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, a minimum of 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 day of , 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this _ day of , 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
Vitic
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Directory
FROM: Sara Adams, Senior Planner
RE: AspenWalk (404 Park Avenue and 414 Park Circle): Subdivision,
Final PUD Review, Second Reading, Ordinance No. 19, Series of 2011,
continued from July 11, 2011, July 25, 2011, Aug. 8, 2011, Sept. 12, 2011,
and October 24, 2011.
MEETING DATE: November 28, 2011.
APPLICANT /OWNER:
PFG Aspenwalk, LLC (404 Park STAFF RECOMMENDATION:
Avenue) and Aspen Pitkin County Staff recommends approval of Final PUD
Housing Authority (414 Park Circle) Subdivision, and a Vesting period of five years.
REPRESENTATIVE: SUMMARY:
Stan Clauson, Stan Clauson Associates The Applicant requests City Council approval of
Subdivision and Final PUD.
LOCATION:
Lot 3, Sunny Park Subdivision and Lot +!
5, Sunny Park Subdivision commonly so •
known as 404 Park Avenue and 414 Park
Circle, respectively.
•
CURRENT ZONING & USE — - - — ‘14
•
Located in the residential multi - family
(R/MF) zone district with a Planned Unit _ ; ssi
Development (PUD) overlay. 404 Park _ - - ` e • - -
Ave. contains 17,550 sq. ft. of lot area
while 414 Park Circle contains 15,224 404 Park Circle
sq. ft of lot area.
PROPOSED LAND USE:
The Applicant is requesting to merge lot
3 and lot 5 of the Sunny Park
Subdivision, develop a residential multi- ( ir '' ' N .
family building containing sub -grade •
parking, 17 affordable housing units and
14 free -market residential housing units �...•••+ i
for a total of 31 dwelling units. 414 Park Avenue
Aspen Walk – 404 Park Cir. & 414 Park Ave.
City Council – Staff Memo
11/28/2011
Page 1 of 2
UPDATE: The applicant requests a continuation of the public hearing to January 23, 2012 to
allow adequate time to address Council's concerns about the architecture and the displaced
Smuggler Mountain Apartment residents.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to continue the public hearing to January 23, 2011."
CITY MANAGER COMMENTS:
Aspen Walk — 404 Park Cir. & 414 Park Ave.
City Council — Staff Memo
11/28/2011
Page 2 of 2
1
STAN CLAUSON ASSOCIATES INC
, ' .,.7 landscape architecture. planning. resort design
>""
`+,,; 412 North Mill Street Aspen, Colorado 81611 1 970/925 - 2323 f. 970/920-1628
info @scaplanning.com www.scaplanning.com
21 November 2011
City of Aspen City Council
c/o Ms. Sara Adams, Senior Planner
City of Aspen Community Development Department
130 S. Galena Street, 3 Floor
Aspen, CO 81611
Re: AspenWalk / Request for Continuance
Dear Council Members:
On behalf of our client, PFG AspenWalk, please accept this request io continue the
Subdivision and Final PUD Review of the AspenWalk project (404 Park Avenue and 414 Park
Circle), currently scheduled for 28 November 2011, to the City Council meeting on 23 January
2012.
This continuance is requested to allow for additional time to prepare and internally review
possible modifications to the architecture of the building. We are seeking to respond to
comments received from City Council concerning the perceived mass of the building. A
minimum of a month's time is required to prepare the necessary drawings and to allow staff
an opportunity for review and comment on these modifications. With the holidays and
associated vacations that occur at this time of year, we feel that a hearing date in late
January will allow for a careful preparation and thoughtful review of the materials prior to
Council taking the matter up again.
Secondly, we request additional time to permit an update to the City Attorney on the current
status of project ownership. Following the foreclosure and appointment of a receiver for the
project, we feel it is important to provide John Worcester with clarification of the current
status of ownership prior to our Council hearing, along with clear assurance that the previous
ownership concerns voiced by the Council are still no longer an issue. By speaking first with
City Attorney, we hope he can advise Council with respect to any questions that may arise
regarding the ownership of the project, minimizing the amount of time needed for this issue at
the hearing.
Please call me with any questions.
Vely yours,
46►
Stan Cl.us n, AICP, ASLA
STAN CLAUSON ASSOCIATES, INC.
cc: Tom Salmen, PFG AspenWalk
Tom McCabe, Aspen - Pitkin County Housing Authority
Michael Staheli, Cordes & Company
V lit &
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Jennifer Phelan, Community Development Deputy Direct
FROM: Sara Adams, Senior Planner
RE: Castle Creek Energy Center, Power Plant Road: Subdivision,
Rezoning, Consolidated PUD Review, Growth Management for an
Essential Public Facility, Second Reading of Ordinance No. 30, Series of
2010.
MEETING DATE: November 28, 2011
APPLICANT /OWNER: -
City of Aspen.
•
REPRESENTATIVE:
Mitch Haas, Haas Land Planning, LLC.
i
LOCATION:
Lot 3 and Open Space 2A of the Marolt Ranch
Open Space, along Power Plant Road beneath
the Castle Creek bridge.
CURRENT ZONING:
R -30, Low Density Residential.
SUMMARY:
The Applicant requests approval to construct a
hydroelectric plant, aka the Castle Creek Energy Aerial view of proposed site. Arrow
Center, on Power Plant Road adjacent to the indicates proposed location of the new
City Shop building. The application includes the building.
following reviews: subdivision to create a new
lot and to remove the area from the open space STAFF RECOMMENDATION:
inventory, rezoning from R -30 to the Public Staff recommends that City Council grant
Zone, consolidated PUD review to determine approval for Subdivision, Rezoning, PUD
dimensional requirements, Growth Management and Growth Management for an Essential
Review for an Essential Public. The project is Public Facility for the Castle Creek Energy
exempt from Stream Margin Review because it Center with conditions.
is a utility and is essential for public health and
safety.
1 Castle Creek Energy Center, Power Plant Road
Second Reading of Ordinance No. 15, Series of 2010
11.28.11
NOTE: The applicant requests a continuation of the public hearing from November 28 to
December 12, 2011 to allow more time to address the questions raised during First Reading.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to continue the public hearing to December 12, 2011."
CITY MANAGER COMMENTS:
2 Castle Creek Energy Center, Power Plant Road
Second Reading of Ordinance No. 15, Series of 2010
11.28.11