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agenda.council.regular.20191008
1 AGENDA CITY COUNCIL REGULAR MEETING October 8, 2019 5:00 PM, City Council Chambers 130 S Galena Street, Aspen REGULAR CITY COUNCIL MEETINGS ARE NOW ON TUESDAY 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 scheduled for a public hearing. Please limit your comments to 3 minutes) V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VI.A.Resolution #103 and #108, Series of 2019 - Contract for Sewer Line Under Burlingame Park and associated documents VI.B.Resolution #104, Series of 2019 - Contract to Purchase Aspen Mini Storage Property Staff recommends approval of Resolution 104 of 2019 VI.C.Resolution #105, Series of 2019 - Body worn camera contract VI.D.Minutes - September 23, 2019 VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES 1 2 IX.PUBLIC HEARINGS IX.A.Ordinance #22, Series of 2019 - Establishment of Transferable Development Rights (TDR) - 616 1/2 West Main Street - TO BE CONTINUED TO OCTOBER 22, 2019 IX.B.Ordinance #25, Series of 2019 - prohibiting the possession of deadly weapons within city-owned buildings - TO BE CONTINUED TO OCTOBER 22, 2019 X.ACTION ITEMS X.A.Resolutions #109 and #110, Series of 2019 - Support of Propositions CC and DD XI.ADJOURNMENT 2 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Development Project Manager THRU: Scott Miller, Public Works Director DATE OF MEMO: September 30, 2019 MEETING DATE: October 8, 2019 RE: Resolutions #103 and #108 of 2019: Contract for Sewer Line Under Burlingame Park and associated documents REQUEST OF COUNCIL: Staff is requesting approval of attached Resolution #103 of 2019 and associated contract to install approximately 200 feet of 8” sewer line plus a manhole under Burlingame Park 2 which the City Parks Dept is currently constructing. Resolution #103 also authorizes supplemental budget authority for this work. Staff is also requesting approval of associated Resolution #108 of 2019 which authorizes the necessary sewer line easement and line extension agreement. These items are typical for sewer work with the Aspen San District. PREVIOUS COUNCIL ACTION: The sewer line to be installed is included in the existing planned development approvals for Burlingame Ranch under Ordinance 22 of 2011. DISCUSSION: City Parks staff has requested that this work be performed this fall so that the upper park (Park 2) can be completed and so that it will not have to be torn up and re-constructed when the full Burlingame Ranch Phase III housing construction project occurs starting in 2021. This specific area would likely be one of the first areas to be excavated in 2021, and in doing so this area of the new park would need to be excavated and then would need to be reconstructed at a cost of approximately $40,000. This sewer line will serve 223 and 225 Paepcke Drive when those buildings are constructed as part of Burlingame Ranch Phase III. Keep in mind that the City has approximately a $10 million investment in infrastructure already installed in the Phase III area of the project site, so this is by far not the first investment the City has made in infrastructure for Burlingame Ranch Phase III. The pool of qualified bidders for this work is limited to those contractors who are already approved to do work for the Aspen Consolidated Sanitation District. As such, the City sought bids from qualified contractors who are not only approved by Aspen San but who also are available to perform the work on short notice and who the City is not already using extensively on other projects. This limited the pool to two bidders: Stutsman Gerbaz Earthmoving $117,634 Aspen Digger $135,302 The reason why the total amount in the contract submitted is higher than the bid amounts listed above is because after the bids were received and compared, traffic control and flagging needed to be added to the scope to manage the Burlingame bus route and out engineer also realized that there was existing curb and gutter in the area which will need to be removed and replaced at an additional cost. These items were added to the contract after bids were received, but these would have been needed to be added to both bids equally. 3 Page 2 of 2 Due to the short notice and small scope, staff estimates that the premium being paid for this contract is some 25% to 30%. This is approximately equal to the amount being saved by not having to excavate and reconstruct this portion of the new park in the future. This will also allow the Parks team to complete their work and have the park ready for use and will limit the need to further disturb the area in the future. FINANCIAL/BUDGET IMPACTS: Funding is available from the 150 Fund. The attached resolution authorizes supplemental budget authority for this work plus engineering fees. RECOMMENDED ACTION: Staff recommends that Council approve Resolutions #103 and #108 of 2019 including the associated contract, supplemental budget, easement and line extension agreement. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Resolutions #103 and #108 of 2019 including the associated contract, easement and line extension agreement. 4 RESOLUTION #103 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING SUPPLEMENTAL BUDGET AUTHORITY AND APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND STUTSMAN GERBAZ EARTHMOVING, INC. AUTHORIZING THE 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 for construction between the City of Aspen and Stutsman Gerbaz Earthmoving, 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 the supplemental budget amount of $1 50,000 from the City’s 150 Housing Development Fund and the construction contract in the amount of $141,980 between the City of Aspen and Stutsman Gerbaz Earthmoving, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize th e City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of October, 2019. Torre, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held October 8, 2019. Linda Manning, City Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION #108 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN EASEMENT AND A LINE EXTENSION MODIFICATION AGREEMENT BETWEEN THE CITY OF ASPEN AND ASPEN CONSOLIDATED SANITATION DISTRICT AUTHORIZING THE CITY MANAGER TO EXECUTE SAID EASEMENT AND LINE EXTENSION MODIFICATION AGREEMENT. WHEREAS, there has been submitted to the City Council an Easement and a Line Extension Modification Agreement between the City of Aspen and the Aspen Consolidated Sanitation District, true and accurate copies of which are 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 the Easement and Line Extension Modification Agreement between the City of Aspen and the Aspen Consolidated Sanitation District, copies of which are annexed hereto and incorporated herein, and does hereby authorize th e City Manager to execute said Easement and Line Extension Modification Agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of October, 2019. Torre, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held October 8, 2019. Linda Manning, City Clerk 25 EASEMENT THIS EASEMENT is made this _____ day of ______________, 20____, by and between the (hereinafter referred to as "Grantor") and the Aspen Consolidated Sanitation District, a quasi- municipal corporation of the State of Colorado within the County of Pitkin (hereinafter referred to as "District"). WITNESSETH That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the District, its successors and assigns, an exclusive perpetual easement, twenty (20) feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines, manholes, and appurtenances thereto, as well as for ingress and egress over and across such easement; together with any and all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably be necessary for any of the aforsaid purposes, over, under and across the following described premises, situate in the County of Pitkin, State of Colorado, to-wit: located on certain parcel of land owned by the Grantor, situated in the , County of Pitkin, Colorado, described in Book , Page , of the records maintained by the Clerk and Recorder of Pitkin County, and more particularly described as: Grantor warrants that the Grantor has the lawful right to grant such an easement, 26 rights-of-way, and sewer mains and that the Grantor, and any successors and assigns, will, at no time, permit any building or other permanent improvement to be hereafter constructed over said easement. Following the completion of the purpose of any entry by the District upon said easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of entry thereon, except for trees, shrubs, plants, sidewalks, driveways, parking areas, or structural encroachments, whether temporary or permanent, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. The parties hereto acknowledge this easement is granted in exchange for an existing substantially identical easement to be abandoned to Grantor. Grantor acknowledges and agrees the surface of this easement, while it may be landscaped, shall be landscaped in a manner approved by the Grantee, so as not to interfere with Grantee's need for access to Grantee's facilities for all purposes contemplated by this agreement. IN WITNESS WHEREOF, the parties hereto have set there hands and seals the day and year first above written. Attest: GRANTOR: _________________________ By_________________________ 7LWOH Title STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing EASEMENT DEED was subscribed and sworn to before me this _________day of ____________, 20____, by________________________as______________________ of___________________________and by___________________________as______________________ of_______________________________________. Witness my hand and official seal. My commission expires___________________________. _____________________________________ Notary Public 27 475 PAEPCKE DRIVEBLDG 1 POD 'D'PARK B273 PAEPCKE DRIVEBLDG 7 POD 'C'L=20.04' R=192.50' T=10.03' =5°57'49" CD=S5° 35' 43"E C=20.03' S81° 25' 21"W 9 0 . 9 1 ' N81° 25' 21"E 1 1 1 . 5 3 'N7° 21' 19"W 89.91'S82° 38' 41"W 2 0 . 0 0 'S7° 21' 19"E 70.33'45' ROW MINING STOCK PARKWAY CONDOMINIUM 5TH SUPPLEMENT PARCEL 1 (BK. 85 PG. 48) PARK B 22,410 Sq Ft 0.514 Ac. BURLINGAME RANCH TRACT 3 187,421 sf 4,302 acres DESCRIPTION AREA A 64,245 sq. ft 1.475 acres (BK. 105 PG. 63) DESCRIPTION AREA C 52,365 sq. ft 1.202 acres (BK. 109 PG. 49) EXISTING 20-FT EASEMENT PER REC. # 598456 VACATED PER THIS INSTRUMENT LT3 20' SANITARY SEWER EASEMENT (HATCHED AREA) POINT OF BEGINNING SOUTHEAST CORNER OF PARK B CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM SOPRIS ENGINEERING - LLC A TRACT OF LAND SITUATED IN WEST HALF OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. SANITARY SEWER EASEMENT BURLINGAME RANCH PHASE II BUILDING 8 SANITARY SEWER MAIN SHEET 1 OF 1 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SCALE 1" = 40' 19203 8/30/2019 G:\2019\19203-BG Sewer\SURVEY\Survey DWGs\Working Base Dwgs\19203 ESMNT.dwg 20' WIDE SANITARY SEWER EASEMENT DESCRIPTION A 20 FOOT WIDE SANITARY SEWER EASEMENT LOCATED ON PORTIONS OF PARK B AND TRACT 3, ACCORDING TO THE FINAL PLAT OF BURLINGAME RANCH AFFORDABLE HOUSING, FILING NO. 1 FINAL SUBDIVISION PLAT - SECOND AMENDMENT AS RECORDED AS RECEPTION NO. 598456 OF THE PITKIN COUNTY RECORDS. SAID EASEMENT SITUATED IN SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARK B; THENCE S.81°25'21”.W ALONG THE SOUTHERLY BOUNDARY AND SOUTHERLY BOUNDARY LINE EXTENDED OF SAID PARK B, A DISTANCE OF 90.91 FEET; THENCE LEAVING SAIDSOUTHERLY BOUNDARY AND SOUTHERLY BOUNDARY LINE EXTENDEDS.7°21'19”.E, A DISTANCE OF 70.33 FEET; THENCE S.82°38'41”.W, A DISTANCE OF 20.00 FEET; THENCE N.7°21'19”.W, A DISTANCE OF 89.91 FEET; THENCE N.81°25'21”.E, A DISTANCE OF 111.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY MINING STOCK PARKWAY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY 20.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 192.50 FEET AND A CENTRAL ANGLE OF 5°35'43” WITH A CHORD BEARING OF S.5°57'49”.E FOR A DISTANCE OF 20.03 FEET, TO THE POINT OF BEGINNING. SAID SANITARY SEWER EASEMENT CONTAINING 0,000 SQUARE FEET, MORE OR LESS. 28 Page 1 of 11 LINE EXTENSION MODIFICATION AGREEMENT THIS LINE EXTENSION MODIFICATION AGREEMENT is made and entered into this ______ day of ________________, 2019, by and between the ASPEN CONSOLIDATED SANITATION DISTRICT, a quasi-municipal corporation of Pitkin County, Colorado (hereinafter “the District”), and the CITY OF ASPEN, a municipal corporation of the State of Colorado (hereinafter “Developer”) (both entities together hereinafter collectively referred to as the “Parties”). RECITALS: A. Developer is the owner of certain real property located within the District to be developed as an affordable housing project, known as Burlingame Ranch Phase 3, (hereinafter the “Project”). B. District is the owner of an existing wastewater collection and treatment system providing wastewater collection and treatment services to all property owners within the District. C. Developer desires to complete improvements to a park known as “Park 2,” part of Burlingame Ranch Phase 2a project, prior to development of the Project. D. Developer has designed a sanitary sewer line extension, approved by the District, to serve “Building 8” of the Project, which if constructed in its current planned location beneath Park 2, would require destruction of park improvements, should the designed sanitary sewer line extension (“Line Extension”) be installed at a future date. E. Developer desires to redesign, construct and install said Line Extension using a different alignment, so as to serve Building 8 of the Project prior to the Project’s final approval, which realignment allows completion of improvements to Park 2. F. District agrees to allow Developer to redesign, construct and install said Line Extension using a different alignment, upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of these premises and the promises of each of the Parties as set forth below, it is agreed: 1. Developer’s Obligations. a. Developer agrees to pay the District all reasonable expenses incurred by District in retaining District Engineer, District Counsel, and such other professionals to be retained by the District in performing work related to redesign, construction and installation of the Line Extension and review and acceptance thereof by the District. Throughout the term of this Agreement, prior to the first day of each calendar quarter, Developer shall provide the District with a schedule of work for the upcoming calendar quarter. b. Developer shall be responsible for preparation, at Developer’s expense, of designs and cost estimates of the Line Extension for the Project. Developer shall reimburse the District a sum of money determined by the District, as payment for review of the designs and cost estimates by the District Engineer. c. Developer shall notify or advise, in writing, all necessary local, state, and federal agencies with jurisdiction over the Project that Developer has submitted designs for the Line Extension. 29 Page 2 of 11 d. Following review of the designs and cost estimates, Developer shall prepare final designs, based upon suggested changes, if any, from the District Engineer. The set of final design plan documents and final cost estimates shall be delivered to the District Engineer at least thirty (30) days prior to the award of any contract for construction and installation of the Line Extension. e. Developer shall use only the District pre-qualified contractors for construction and installation of the Line Extension. If Developer desires to use a non-qualified contractor, Developer may submit to the District Manager, a District pre-qualification form and a written resume listing the contractor’s qualifications to the District Manager for review. The District, in its sole and absolute discretion, shall make a determination of the contractor’s qualifications within thirty (30) working days after receipt of the contractor’s resume and references and provide written notice of such determination to the Developer. f. Developer and its contractor shall be responsible for securing any and all necessary permits and approvals for construction of the Line Extension. The District agrees to cooperate with Developer in obtaining all necessary permits and approvals described in the preceding sentence. Any and all costs incurred by the District as a result of such cooperation shall be reimbursed to the District by the Developer in accordance with the terms of this Agreement. Developer and contractor shall be responsible for insuring all work is done in compliance with District rules, regulations, specifications, local ordinances, and state and federal laws, and insuring that such construction work is completed in a timely fashion. g. Developer and its contractor shall provide District with a detailed construction schedule for all work to be performed and shall meet regularly with the District, or its Engineer to discuss progress of the work, schedule construction observation by the District, or its Engineer, and keep District, or its Engineer informed as to the occurrence of any problems with construction of the Line Extension or deviation from the approved construction plans. Within five (5) days of an award of contract, Developer shall notify District, in writing, of the cost of the contract for installation of the Line Extension. h. It is mutually acknowledged and understood that Developer shall be solely responsible for all means and methods of construction employed in constructing and installing the Line Extension in accordance with the final design plans and specifications approved by the District Engineer. i. Developer and its contractor shall provide all statutorily-required performance, payment and warranty bonds for all work contemplated by this Agreement, except to the extent that Developer can establish, to the satisfaction of the District, that such construction work or any portion thereof is covered by a cash escrow agreement with Developer, Colorado, a copy of which shall be provided to the District, the terms of which agreement, by addenda or otherwise, permit the District to use such cash escrow or any portion thereof, to complete all construction work upon the Line Extension and appurtenances thereto, as intended by this Agreement. j. All required performance payment and warranty bonds shall ensure that the construction of the Line Extension was completed in full accordance with all applicable local and District specifications, and shall warrant and guarantee the construction work on the Line Extension for a period of two (2) years following conditional acceptance by the District, as well as insuring that all labor and materials used in such construction work have been paid for in full. 30 Page 3 of 11 k. Upon completion of the Line Extension and prior to the District issuing notice of “Conditional Acceptance” initiating Developer’s two-year warranty period, the Developer shall: (1) provide evidence of satisfactory completion of testing of all manholes and appurtenances thereto; (2) provide the District with copies of all other applicable tests performed including, without limitation, copies of any and all compaction tests required by approved plans or as required by the District Engineer; (3) provide evidence that all final grade adjustments required by the approved plans or requested by District Engineer have been accomplished; (4) secure televising and videotaping (CCTV) of the Line Extension, at Developer’s expense, through the District; (5) complete all Project Contract “punch list” items; (6) provide one (1) full set of preliminary “as-built” drawings for all work completed on the Project. Upon provision of the above items by Developer, and written notice thereof to the District, the work shall be deemed “conditionally accepted,” commencing the two-year warranty period; it being acknowledged and understood such Conditional Acceptance of the Line Extension shall not begin until any and all line extensions contemplated or required to serve the Project are completed, at which time, the District shall inspect the Line Extension and, if acceptable, shall include the Line Extension with all other line extensions installed to serve the Project in accordance with the contemplated, required Collection System Agreement for Project. l. Upon completion of the two-year warranty period, the District Engineer shall issue “Notice of Final Acceptance” of the Line Extension for conveyance of ownership and perpetual maintenance and repair responsibilities to the District, provided the following has been completed: (1) submission to the District of fully executed documents, as approved by District legal counsel, conveying to the District all right, title and interest in and to the Line Extension and all appurtenances thereto, except, however, for those segments deemed the “pressure system,” if any. Title to such system, as well as perpetual maintenance, repair, and replacement responsibility for such pressure system shall remain with Developer and its successors; (2) provision of evidence, acceptable to the District, that title to all personal property to be conveyed is free from any and all liens and encumbrances, including, without limitation, proper lien releases; (3) submission to the District of fully executed, final amended plat or appropriate perpetual easement documents containing dedication and conveyance language, using standard District formats, satisfactory to the District, giving the District the right to gain access to and the right to install, maintain, repair and replace any or all of the Line Extension and the right to use portions of the Project or such adjacent real property, as is reasonably necessary to conduct the business of the District; 31 Page 4 of 11 (4) provision of evidence acceptable to the District that such easements or other property rights will not be adversely affected by superior liens, mortgages, or other encumbrances; (5) completion of a second televising and videotaping of the Line Extension, to be performed at Developer’s expense, by the District, before the end of the two-year warranty period; (6) assignment to the District of any and all manufacturers’ warranties for parts and materials used in construction of the Line Extension; (7) provision of a set of final “as-built” drawings or “record” drawings, consisting of at least one mylar and two blueline drawings, all of which shall bear the seal of a Registered Professional Engineer licensed in the State of Colorado and a GIS survey of the line in place to be performed by the District, all at Developer’s cost; (8) final completion of all work items, including surface improvements and manholes. m. During the course of work on the Project and, if necessary, during the two-year warranty period, the Developer shall maintain and repair all temporary sewer lines and appurtenances thereto, required by construction, maintenance or repair of the Project. 2. District’s Obligations. a. District agrees to retain and make available for plan review, construction observation, document review, and approval, a Professional Engineer who is familiar with and shall act in accordance with the District’s rules, regulations, specifications, and requirements of wastewater collection systems (hereinafter “District Engineer”). District shall also retain and make available for review and consultation, its legal counsel (“District Counsel”), together with such other professionals as may be necessary to complete work on the collection system Project, pursuant to the terms of this Agreement. b. District agrees to perform all reviews and issue all approvals required under this Agreement in a reasonable and timely fashion. c. District shall maintain all monies paid by Developer pursuant to the terms of this Agreement in an interest-bearing District account. District reserves the right to prepare a final accounting of construction costs, District Engineer’s fees, and District Counsel fees, together with a final accounting of all rates, fees, tolls, and charges imposed by the District, based upon the actual costs incurred by the District and the final configuration of the Line Extension for the Project. If the actual amount of funds determined by the District to be due and owing from the Developer exceeds the amount previously paid by Developer hereunder, District shall bill Developer for the difference and Developer agrees to pay District said amount within thirty (30) days of receipt of such bill. Any and all amounts of rates, fees, tolls, or charges imposed by the District pursuant to this Agreement which remain unpaid by Developer or its successors after thirty (30) days following receipt of a bill therefor shall be deemed a superior perpetual lien upon all future Developer wastewater services. In no instance, shall the Developer be relieved of any obligation to pay the District in full for uncollected rates, fees, tolls and charges, together with penalties and interest thereon. In addition, the District reserves any and all rights it may have to disconnect or otherwise block wastewater collection service from the Developer’s property served by this Project. 32 Page 5 of 11 If the actual amount of funds determined by the District to be due and owing from the Developer is less than the amount previously paid by Developer hereunder, the District shall reimburse the Developer for the difference, within thirty (30) days of issuance of final acceptance. It is mutually acknowledged the amount of funds determined by the District to be due and owing to the District from the Developer pursuant to this Agreement, throughout the performance of this Agreement, are ESTIMATES ONLY. d. Neither the District nor the Developer shall be responsible or deemed to be in default under this Agreement on account of delays in the performance of this Agreement due to causes beyond the District’s or Developer’s control, as the case may be, and not occasioned by their fault or negligence, including, but not limited to, fires, floods, explosions, earthquakes; serious accidents of third Parties; strikes, riots, or insurrections; irreparable damage to sewer lines; any act of any government, governmental priorities, acts of God, or other public entity; failure of transportation; quarantine restrictions; or labor troubles causing cessation, slow- downs or interruptions of work provided any and all costs are beyond the District’s or Developer’s control, as the case may be. Any Party invoking the provisions of this subparagraph (d) shall provide appropriate notice, per paragraph 10 below, to the other Party. 3. Service Connections. a. If so required by circumstances, the Developer shall install all individual service connections to the Collection System within the Project in accordance with the District’s rules and regulations in effect at the time such connections are made. Total collection fees or other rates, fees, tolls, and charges of the District for such individual connections shall be paid in a manner prescribed by the District’s rules and regulations. b. Developer shall have the right to install “stub-outs” for service connections to any or all lots in the Project, at Developer’s expense. Prior to the time of installation of any stub-out, Developer, for itself or acting on behalf of potential, future users, shall pay to the District forty percent (40%) of the estimated current total connection fee then in effect, for that particular lot, known hereinafter as the “stub-out fee.” c. When stub-outs are installed, Developer’s engineer shall be responsible for establishing both the stub-out connection point and the point marking the end of the stub-out, with surveyed tie-ins for both points with two (2) swing ties from the nearest permanent feature such as a manhole or fire hydrant. The service line stub-out shall be extended to the individual parcel to be served, laid at the proper legal grade to a point identified by the approved plans, and extended above the surface of the ground and capped for future testing and location. The location of all stub-outs shall be field confirmed with the District’s Engineer prior to covering any such stub-out, and all information relating to the survey tie-ins of the above-referenced stub-out points shall be preserved in plan form on a separate mylar, to be provided to the District within ninety (90) days of installation of said stub-out. If Developer for itself or acting on behalf of potential, future users, elect not to use a previously installed stub-out: (1) the existing stub-out shall be excavated and capped off at the District’s main, at Developer’s or its successor’s expense; if this task is not accomplished, the District shall have the right to perform this work, at Developer’s or its successor’s expense and bill Developer or its successor for such work; and 33 Page 6 of 11 (2) Developer for itself or acting on behalf of potential, future users, shall lose the credit of the forty percent (40%) total connection charges previously paid and shall pay for a new total connection charge for the residence or other structure not utilizing previously installed stub-outs, at the rate in effect at the time the tap is to be made. d. In all other situations, a total connection fee due for any lot shall not be capped or fixed and the balance shall be computed in accordance with District rules and regulations and total connection fee rates in effect at the time the balance of such fee is paid. 4. Oversizing. a. It is mutually acknowledged and understood that Developer shall be responsible for the cost of installing 8-inch internal diameter main collection lines within the Project’s Line Extension. b. For any portion of the Line Extension, which District, in its sole discretion, requires a larger size pipe, the District shall reimburse or otherwise pay the Developer for the difference in cost between an 8-inch pipe-size and the desired larger diameter pipe-size. Reimbursable costs shall be for the material costs of the pipe only, which costs shall be derived from at least three competitive bids. Written proof of bids and a statement for the actual cost of the oversized pipe installed shall be provided to the District prior to the District becoming responsible for any oversizing payments hereunder. The District shall have a reasonable time not to exceed thirty (30) days within which to make payments, properly billed, hereunder. 5. System Impacts. The Parties hereto mutually acknowledge construction of the Collection System for the Project may have impacts upon the District’s existing public sanitary wastewater collection system, such impacts shall be addressed by Developer depositing funds in an account with the District on a proportionate basis, if determined necessary in the sole discretion of the District. 6. District’s Estimates. It is mutually acknowledged the amount of funds determined by the District to be due and owing to the District from the Developer pursuant to this Agreement, throughout the performance of the Agreement are “made in good faith.” 7. Status of Accounts. For all accounts established and maintained by the District pursuant to this Agreement, if any, the District agrees to provide Developer with account statements, showing the status of the funds maintained in said accounts. The Parties mutually acknowledge the District is a governmental entity and therefore its financial statements are subject to the statutory requirement of an annual audit. The District covenants that it will direct its auditors, on an annual basis, to specifically address the status of all such accounts by means of a detailed note to the District’s annual audit report. 8. Rules and Regulations. Except to the extent that terms of this Agreement are inconsistent therewith, in which case the terms of this Agreement shall be deemed controlling, any and all provisions of the District’s rules, regulations, and specifications regarding installation of the Collection System, District System Improvements connection thereto, and use thereof shall apply to the Developer, and its agents, independent contractors, related Parties, successors and assigns. 34 Page 7 of 11 9. Insurance. The Developer or its contractors and subcontractors shall provide the types and amounts of liability insurance not less than the following: a. Worker’s Compensation: Statutory b. Employer’s General Liability: $2,000,000.00, each person c. Comprehensive General Liability: (i) Bodily Injury: $1,000,000.00, each person $2,000,000.00, each occurrence (ii) Property Damage: $1,000,000.00, each occurrence $2,000,000.00, annual aggregate d. Comprehensive Automobile Liability: (i) Bodily Injury: $1,000,000.00, each person $2,000,000.00, each occurrence (ii) Property Damage: $1,000,000.00, each occurrence $2,000,000.00, annual aggregate e. Excess (Umbrella) Liability Coverage: $3,000,000.00 Notwithstanding any of the language of the Agreement to the contrary, any and all insurance policies required by the Agreement shall be “occurrence basis” policies, and each shall name the District as an “additional insured.” 10. Miscellaneous. a. Relationship of the Parties. By entering into this Agreement, the Parties are not creating, and shall not be deemed or construed as creating a joint venture, partnership, authority, or any other type of legal relationship, and each Party shall remain a separate and distinct entity for all purposes under this Agreement. Neither the fact of the existence of this Agreement nor the Parties’ performance of this Agreement shall in any manner alter either Party’s statutory and common law rights, powers, duties, and authorities, except to the extent expressly set forth in this Agreement. b. Headings and Captions. The headings and captions used in this Agreement are for the convenience of reference only and do not form a part of this Agreement. c. No Third Party Rights. This Agreement is not intended to, and shall not, confer rights on any person or entity not named as a Party to this Agreement, expressly including enforcement of any of the terms and conditions of this Agreement; all rights of action relating to such enforcement shall be strictly reserved to the Parties. d. Counterparts. This Agreement may be executed in counterparts and by facsimile or electronically by PDF, each of which shall be deemed an original and all of which shall constitute one and the same instrument. e. Assignment. This Agreement shall not be assignable by either Party hereto without the prior written consent of the other Party. This Agreement may only be assigned in whole and not in part. Any purported assignment in violation of the foregoing shall be void. f. Successors and Assigns. This Agreement, including, without limitation, all such terms and conditions hereof as survive termination, shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns, heirs, personal 35 Page 8 of 11 representatives and any entities resulting from reorganization, consolidation or merger of any Party hereto. g. Severability. If any covenant, term, condition or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition or provision shall not affect any other provision contained herein, the intention being that such provisions are severable. h. Non-Waiver. No waiver of any breach of any one or more of the conditions or covenants in this Agreement and no waiver of any condition or covenant in this Agreement by any Party shall be deemed to imply or constitute a further waiver of any other like breach or condition or covenant. No waiver shall be effective unless evidenced by a writing. i. Survival. All of the terms and conditions of this Agreement concerning indemnification, termination, remedies and enforcement of executory provisions or payments due and owing hereunder, shall survive termination of this Agreement. j. Governmental Immunity. Nothing contained herein shall be deemed or construed as a waiver or is intended to waive any protections which may be applicable to the Developer or the District or their respective officers and employees under the Governmental Immunity Act, C.R.S. § 24-10-101, et seq., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provision of the Colorado Constitution and applicable laws. k. Counterparts. This Agreement may be executed in counterparts and by facsimile or electronically by PDF, each of which shall be deemed an original and all of which shall constitute one and the same instrument. l. Merger/Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties herein with respect to the transactions contemplated hereunder and any and all prior agreements, written or oral, are merged herein. This Agreement may be altered and amended from time to time, only by a written instrument executed by each of the Parties hereto. m. Effective Date. This Agreement is effective as of the date the latter of which Party signs this Agreement. n. Legal Compliance. In performing the terms of this Agreement, the Parties shall comply fully with all applicable federal, state, and local laws, rules, regulations, ordinances, resolutions, or operating procedures. o. Dispute Resolution. In the event of any action for breach of or to enforce the provisions of, or otherwise involving any and all disputes or claims arising under or relating to this Agreement shall be submitted first to mediation. The Parties shall share equally the mediator’s fees and costs associated with the mediation and each Party shall pay its own attorneys’ fees, costs, and expenses related to the mediation. If the dispute is not resolved by mediation, either Party may commence a Court proceeding, with jurisdiction and venue lying exclusively in the District Court for the County of Pitkin, State of Colorado. Each Party waives its right to have such dispute decided by a jury trial. The prevailing Party shall be awarded its reasonable attorneys’ fees, costs, and expenses, including any attorneys’ fees, costs, expert witness fees and other reasonable expenses incurred in collecting or executing upon any judgment, order or award. 36 Page 9 of 11 p. Parties’ Warranties. The Parties hereby represent and warrant that all actions necessary to authorize execution of this Agreement, have been taken by each Party and that the person executing this Agreement on behalf of each Party, is duly authorized to do so and bind each Party to all of the terms, conditions and covenants contained herein. q. Further Acts. Each of the Parties agree to execute, acknowledge and deliver such further instruments, documents or certificates and do all things and acts as the other Party may reasonably require in order to carry out the intention of this Agreement and the transactions contemplated hereby. If this Agreement is terminated by any actions of the Parties, any and all executory obligations of either Party shall remain in full force and effect. 11. Notices. All notices, requests, and other communications hereunder shall be in writing and shall be deemed to have been duly given upon delivery thereof, by hand, to the appropriate addresses hereinafter set forth, as evidenced by a signed receipt for same, or as of the second business day after mailing, by United States Certified Mail, Return Receipt Requested, postage prepaid, addressed as follows: (a) To Developer: City of Aspen 130 South Galena Street Aspen, CO 81611 (b) To District: ASPEN CONSOLIDATED SANITATION DISTRICT 565 N. Mill St. Aspen, CO 81611 With a copy to: Robert Tibbals, Jr., Esq. P.O. Box 3112 Englewood, Co 80155 37 Page 10 of 11 12. Release Upon Assignment/Transfer. In the event Developer assigns or transfers its interest in the Project prior to the completion of all the work referred to above, Developer shall provide written notice to the District thereof and be forever and finally released and discharged from any further liability or obligation under this Agreement and the District agrees to look solely to the assignee for the performance of all covenants, obligations, terms and conditions and for any breach thereof. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. Aspen Consolidated Sanitation District Attest: By:___________________________________ Title: ______________________________ Secretary STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed to and sworn before me this _____ day of _____________, 2019, by _____________________________________, as Chairman and _____________________________________, as Secretary of the Aspen Consolidated Sanitation District. [ S E A L ] _________________________________ Notary Public My Commission expires: _______________ 38 Page 11 of 11 Developer: City of Aspen Attest: By:___________________________________ Title: ______________________________ Title: City Clerk STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed to and sworn before me this _____ day of _____________, 2019, by _____________________________________, as _____________________ and _____________________________________, as City Clerk of City of Aspen. [ S E A L ] _________________________________ Notary Public My Commission expires: _______________ 39 Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Project Manager THROUGH: Scott Miller, Public Works Director MEMO DATE: September 30, 2019 MEETING DATE: October 8, 2019 RE: Resolution #104 of 2019 - Purchase Contract for Aspen Mini Storage Property REQUEST OF COUNCIL: Staff is requesting approval of Resolution #104 of 2019 and attached contract to purchase property located at 105 Aspen Airport Business Center otherwise known as Aspen Mini-Storage. SUMMARY AND BACKGROUND: Staff has been working with the agent for the owners of the 3-acre Aspen Mini Storage property adjacent to the City’s lumberyard property near the Aspen Airport Business Center. Attached is a contract to purchase the property for a purchase price of $11 million. The attached purchase contract has been signed by City Manager, Sara Ott, and contains terms which state that the contract automatically terminates if notice of approval by Aspen City Council is not provided on or before 31 days after the contract was signed on September 23, 2019. In the contract, the City has the ability to terminate the contract and have $550,000 in earnest money returned pending numerous contingencies such as title objection, appraisal, environmental, inspection and other contingencies. Staff is currently commissioning an appraisal and an environmental site assessment along with additional due diligence. The seller is also providing due diligence items required under the contract. Closing is currently scheduled for February 20, 2020. DISCUSSION: The 3-acre Aspen Mini Storage property is located within the urban growth boundary but outside City limits. The property is immediately north of the City’s lumber yard property and could provide valuable through access from the lumber yard property to the AABC. The property meets the criteria for annexation into the City of Aspen. Inclusion of this property in the planning and design for the City’s lumberyard housing development will allow the City to better alleviate concerns related to the CDOT Access Control Plan and concerns heard during the community outreach process about adjacency to the AABC. The addition of this parcel to the project increases the developable area of the site to nearly 10 acres and will allow for more planning flexibility. Because the effort is still in the early stages of the project planning, it is not possible to know at this time what amount of affordable housing density will be located on the Aspen Mini Storage property 40 Page 2 of 3 or if including the Aspen Mini Storage property in the project will instead allow for more appropriate handling of circulation, parking and/or other concerns thus freeing up space for additional housing units to be located on the balance of the site. Staff plans to update the scope of work for the lumberyard community outreach and conceptual design effort to include this property and to seek participants in a series of stakeholder round table discussions on how to appropriately plan the addition of this property into the overall affordable housing development plan for this site. FINANCIAL/BUDGET IMPACTS: Funds for purchasing this property are available from the 150 Housing Development fund. Staff plans to include a discussion on the potential use of financing during the upcoming budget work session on October 14, 2019. The contract price, which is pending appraisal, was based on an analysis by the staff and also by the City’s real estate broker which was based on nearby comps and on the price paid by the City for other land purchases in years past as well as based on cash flows for the existing Aspen Mini Storage business, which is relevant to establish how the open market would value this property. It is also of note that the adjacent property to the east at 205 Aspen Airport Business Center is currently being developed as a commercial storage facility. 41 Page 3 of 3 Staff plans to manage the ongoing operation of the Aspen Mini Storage tenant leases on the same schedule as the existing lease at the lumberyard property. The monthly revenues from the tenant leases are approximately $60,000 per month. ENVIRONMENTAL IMPACTS: A Phase I ESA is in process. ALTERNATIVES: Council could choose to table approval of Resolution 104 of 2019 for further discussion at the October 22, 2019 regular meeting and still maintain the contract timeline. RECOMMENDATIONS: Staff recommends approval of Resolution 104 of 2019 and attached contract to purchase property located at 105 Aspen Airport Business Center otherwise known as Aspen Mini-Storage. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Contract to purchase property located at 105 Aspen Airport Business Center otherwise known as Aspen Mini-Storage. 42 RESOLUTION #104 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING SUPPLEMENTAL BUDGET AUTHORITY AND APPROVING A CONTRACT TO PURCHASE PROPERTY LOCATED AT 105 ASPEN AIRPORT BUSINESS CENTER OTHERWISE KNOWN AS ASPEN MINI-STORAGE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract to purchase property located at 105 Aspen Airport Business Center otherwise known as Aspen Mini-Storage, 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 the 2019 supplemental budget amount of $550,000 from the City’s 150 Housing Development Fund for earnest monies paid and the contract to purchase property located at 105 Aspen Airport Business Center otherwise known as Aspen Mini- Storage, a copy of which is annexed hereto and incorporated herein. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of October, 2019. Torre, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held October 8, 2019. Linda Manning, City Clerk 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 MEMORANDUM TO:City Council FROM:Richard Pryor THROUGH:Sara Ott MEMO DATE:09/30/2019 MEETING DATE:10/08/2019 RE:Adoption of Resolution # 105 - Body worn camera contract with Axon Enterprise, Inc of Scottsdale AZ. REQUEST OF COUNCIL: This is a request of council to approve Resolution # 105 (attachment “A”) adopting a contract for services to provide body worn cameras, sundry equipment and a cloud-based evidence storage and management system (attachment “B”). SUMMARY AND BACKGROUND: Since 2013 the police department has been testing body camera systems, taking a very cautious approach to implementation due to evolving policy and procedures, and evolutions in technology. Since October 2018 the department has been participating in a department wide free trial of the Axon body camera system and related cloud-based evidence management software. DISCUSSION: Police transparency and accountability have been in the public eye to a greater degree than ever due to instances of inappropriate conduct, excessive uses of force, and shooting deaths of community members across the country. In Aspen we are fortunate to have a very highly trained staff of police officers for whom such transgressions are a very rare exception or have never occurred. However, given the world-wide reach of Aspen incidents, the benefits of increased evidence collection and the expectation our community has for a high level of transparency, the body worn camera program will provide several benefits. Increased risk management – Both the public and officers tend to behave better when on camera, helping to deescalate situations. Good work is validated – video can be used as a training tool Case enhancement – increased opportunity to capture evidentiary details at a crime scene or comments and statements made to an officer. Accountability – when the community has a question regarding our performance, we may be better able to show an officer perspective. Some elements of the program that can be seen to be unfavorable are the following: Perceptions from both public and officers that cameras can intrude on privacy 68 The availability (subject to retention schedules) of video as a public record. The amount of administrative time to manage the data. Aspen community citizen survey data from 2015 and 2016 showed that 73% of respondents either somewhat or strongly supported implementing body cameras with perceptions that the cameras would provide objectivity, reduce conflict and improve safety. An internal Aspen police survey of staff showed that officers felt the cameras were somewhat or very useful, felt comfortable using the cameras, but didn’t necessarily feel they made a difference to relationships with the public. A note should be made that the cloud based “evidence.com” system will be used for all digital media storage and management as well as body camera video. This system allows for a far easier connection to the District Attorney’s office for “discovery” of digital media related to criminal cases. The body camera and evidence.com systems do not require IT department support. The contract includes equipment replacement and system support. FINANCIAL IMPACTS: Funding for this equipment and hosting will be absorbed within existing expenditure authority. With recognition of moving forward with the Evidence and Records Specialist position being funded via departmental savings, ~$42,000 in annual temporary and overtime labor resources can be reallocated to this contract expense without an increase to the overall budget. ENVIRONMENTAL IMPACTS: There are minimal environmental impacts. The cameras are rechargeable. ALTERNATIVES: Council could choose not to approve this contract and the department would relinquish its cameras. A lesser fee would be due to maintain the “evidence.com” system while transferring data to an alternate and yet unresearched platform. Council could authorize spending fewer dollars on fewer cameras, to provide for only front-line response coverage. RECOMMENDATIONS: Approve Resolution # 105 adopting the body worn camera contract with Axon Enterprise, Inc of Scottsdale AZ. CITY MANAGER COMMENTS: 69 Attachment “A” RESOLUTION # 105 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND AXON ENTERPRISE, INC OF SCOTTSDALE, AZ. WHEREAS, there has been submitted to the City Council a contract for Body Worn Camera and Evidence.com equipment and services, a contract between the City of Aspen and Axon Enterprise Inc., of Scottsdale, AZ, 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 Resolution # 105 adopting the contract for Body Worn Camera and Evidence.com equipment and services, a contract between the City of Aspen and Axon Enterprise Inc., of Scottsdale, AZ, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager, Sara Ott, to execute said agreement on behalf of the Aspen/Pitkin County Housing Authority and the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ____ day of _________ 2019. Torre, Mayor I, Linda Manning, 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, ___________2019. Linda Manning, City Clerk 70 CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2019-095. AGREEMENT made as of 30th day of August, in the year 2019. BETWEEN the City: Contract Amount: The City of Aspen c/o Aspen Police Department 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Axon Enterprise Inc c/o 17800 N. 85th Street Scottsdale, AZ 85255 800-978-2737 Summary Description of Items to be Purchased: Axon Body 3 Body Cameras, Storage, Warranty, Exhibits appended and made a part of this Agreement: If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: List of supplies, equipment, or materials to be purchased. Total: $191,391.50 71 The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 506 E. Main Street, Ste 102, Aspen, Colorado 81611) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Five year Technology Assurance Plan Warranty AB3. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 72 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 73 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 74 IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: Attest: By: __ _________________________ ______________________________ Aspen City Manager Linda Manning, City Clerk _______________________________ Date SUPPLIER: AXON ENTERPRISE, INC. B y:________________________________ ___________________________________ Title ___________________________________ Date 75 Payment Terms: Net 30 Delivery Method: Fedex -Ground Q-216113-43714.657KP Year 1 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85114 EVIDENCE.COM INCLUDED STORAGE (GB)-5 YEAR CONTRACT 1,360 0.00 0.00 0.00 80012 BASIC EVIDENCE.COM LICENSE: YEAR 1 PAYMENT 1 180.00 180.00 180.00 85110 EVIDENCE.COM INCLUDED STORAGE 10 0.00 0.00 0.00 Hardware 73202 AXON BODY 3 -NA10 34 699.00 174.75 5,941.50 74210 AXON BODY 3 -8 BAY DOCK 4 1,495.00 747.50 2,990.00 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 4 42.00 0.00 0.00 73253 5 Year Technology Assurance Plan Warranty AB3 Camera 34 0.00 0.00 0.00 73255 5 Year Technology Assurance Plan Warranty AB3 Dock 8 Bay 4 0.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 34 0.00 0.00 0.00 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 34 0.00 0.00 0.00 11534 USB SYNC CABLE, FLEX 2 34 0.00 0.00 0.00 Other 73460 EVIDENCE.COM UNLIMITED PLUS DOCK TAP: 5 YEAR 34 0.00 0.00 0.00 73461 Evidence.com Unlimited Plus License Annual Payment 34 1,068.00 1,068.00 36,312.00 Issued: 09/06/2019 Quote Expiration: 09/15/2019 Account Number: 108397 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Protect Life. PRIMARY CONTACT Linda Consuegra Phone: (970) 920-5400 Email: linda.consuegra@cityofaspen.com BILL TO Aspen Police Department -CO 506 E. MAIN STE. #102 Aspen, CO 81611 US SHIP TO Linda Consuegra Aspen Police Department -CO 506 E. MAIN STE. #102 Aspen, CO 81611 US SALES REPRESENTATIVE Kyle Panasewicz Phone: (480) 905-2071 Email: kylep@axon.com Fax: (480) 658-0673 Q-216113-43714.657KP 1 76 Year 1 (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Other (Continued) 71019 NORTH AMERICA POWER CORD 4 0.00 0.00 0.00 Subtotal 45,423.50 Estimated Shipping 0.00 Estimated Tax 0.00 Total 45,423.50 Spares Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware 73202 AXON BODY 3 -NA10 2 699.00 0.00 0.00 73253 5 Year Technology Assurance Plan Warranty AB3 Camera 2 0.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 2 0.00 0.00 0.00 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 2 0.00 0.00 0.00 11534 USB SYNC CABLE, FLEX 2 2 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80013 BASIC EVIDENCE.COM LICENSE: YEAR 2 PAYMENT 1 180.00 180.00 180.00 85110 EVIDENCE.COM INCLUDED STORAGE 10 0.00 0.00 0.00 Other 73461 Evidence.com Unlimited Plus License Annual Payment 34 1,068.00 1,068.00 36,312.00 Subtotal 36,492.00 Estimated Tax 0.00 Total 36,492.00 Year 3 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80014 BASIC EVIDENCE.COM LICENSE: YEAR 3 PAYMENT 1 180.00 180.00 180.00 85110 EVIDENCE.COM INCLUDED STORAGE 10 0.00 0.00 0.00 Protect Life.Q-216113-43714.657KP 2 77 Year 3 (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Other 73461 Evidence.com Unlimited Plus License Annual Payment 34 1,068.00 1,068.00 36,312.00 Subtotal 36,492.00 Estimated Tax 0.00 Total 36,492.00 Year 4 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80015 BASIC EVIDENCE.COM LICENSE: YEAR 4 PAYMENT 1 180.00 180.00 180.00 85110 EVIDENCE.COM INCLUDED STORAGE 10 0.00 0.00 0.00 Other 73461 Evidence.com Unlimited Plus License Annual Payment 34 1,068.00 1,068.00 36,312.00 Subtotal 36,492.00 Estimated Tax 0.00 Total 36,492.00 Year 5 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80016 BASIC EVIDENCE.COM LICENSE: YEAR 5 PAYMENT 1 180.00 180.00 180.00 85110 EVIDENCE.COM INCLUDED STORAGE 10 0.00 0.00 0.00 Other 73461 Evidence.com Unlimited Plus License Annual Payment 34 1,068.00 1,068.00 36,312.00 Subtotal 36,492.00 Estimated Tax 0.00 Total 36,492.00 Grand Total 191,391.50 Protect Life.Q-216113-43714.657KP 3 78 Summary of Payments Payment Amount (USD) Year 1 45,423.50 Spares 0.00 Year 2 36,492.00 Year 3 36,492.00 Year 4 36,492.00 Year 5 36,492.00 Grand Total 191,391.50 Discounts (USD) Quote Expiration: 09/15/2019 List Amount 213,772.00 Discounts 22,380.50 Total 191,391.50 *Total excludes applicable taxes Protect Life.Q-216113-43714.657KP 4 79 Tax is subject to change at order processing with valid exemption. 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Protect Life.Q-216113-43714.657KP 5 80 Regular Meeting Aspen City Council September 23, 2019 1 CITIZEN COMMENTS...............................................................................................................................2 COUNCIL COMMENTS ............................................................................................................................4 CITY MANAGER COMMENTS................................................................................................................4 BOARD REPORTS ....................................................................................................................................5 CONSENT CALENDAR ............................................................................................................................5 Resolution #100, Series of 2019 – Contract between APCHA and Antero CRM for HomeTrek automation project, Phase 2 through Colorado’s Statewide Internet Portal Authority.5 Board Appointments ..........................................................................................................................5 Minutes – September 9, 2019 ..........................................................................................................5 ORDINANCE #25, SERIES OF 2019 – prohibition of weapons in city facilities ..............................5 ORDINANCE #21, SERIES OF 2019 – Water Treatment Plant Facility – 480 Doolittle Drive – Major Public Project Review .....................................................................................................................6 APCHA RETREAT PREP .........................................................................................................................9 PREPARATION FOR MOUNTAIN TOWN 2030 SUMMIT ..................................................................9 RESOLUTION #102, SERIES OF 2019 ...............................................................................................10 81 Regular Meeting Aspen City Council September 23, 2019 2 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Hauenstein, Mullins and Mesirow present. CITIZEN COMMENTS 1. Matthew Kyle spoke about seasonal housing at marolt. He has lived there for 5 winters. I’m ok with rustic living. The rent was workable for me. The full rate was around $1000 per month. The city has instituted a 35% increase in my rent $1,218 plus $75 to park. There is also a policy if you wanted to book ahead you have to start paying rent on September 1st. Per APCHA, the maximum rental rate for most staying there are category 1 or 2 and rent would be $646, half of what marolt is. It seems like the town has something against seasonal employees. The city has dropped the ball in creating seasonal housing. 2. Andrew Sandler said a gun is an inanimate object much like a first aid kit or a fire extinguisher. You hope you never need it, but you also hope no one takes your right away to use it if necessary. You cannot legislate against crazy. You cannot tell criminals here’s a new law, please follow it and hope they do. This is an old mining town in the old west. It is a slippery slope to erode our liberties. Even though it is a municipal building especially when most people in this building don’t carry a gun or are trained on one. I’m not sure where this came up. It seems like a random subject to be talking about when there are so many other important things that are much more crucial than this. I hope we do not remove people’s liberties and take away their gun rights especially when bad guys will carry guns. You always want to make sure there is a good guy with a gun. 3. Philip Wolf spoke about HB 1930 marijuana hospitality businesses. It would be a wonderful opportunity for you to allow these. They will be regulated and viable businesses. This will be a progressive bill going through the state. There is an opportunity to start the conversation now. 4. Sharona Bishop said there is a trickle down effect, what happens in Aspen ends up in Garfield county. Statistics show it will be an employee who opens up fire in a government building. The constitution is not up for debate. It says thou shall not infringe on our rights to carry arms. Even in a city or local municipality. I’m always amazed at the audacity of a proposal like this because it seems to imply that you know better than everyone else. The constitution is created in such a way to protect all men from a tyrannical government. The second amendment is there to protect all of the others and should never be thrown around the way it is today. The psychological fear is more devastating than gun shot wounds. The inability for a citizen to protect and defend themselves and the people around them because they think psychological fear is a greater manifestation than actual bullets. She asked council to not consider banning weapons as a real option. Spreading it to public parks is even more audacious. 5. Lauern Baubert echoed what Sharona said. It is not about feelings towards firearms or if you can see a firearm. Concealing a firearm doesn’t make everything sunshine and rainbows just because you don’t know it is there. If I’m disarmed I have no way to neutralize a threat if someone bypasses the system. I do not want to be disarmed when I am in a park. I want to be able to protect myself and my family. Entities who try to do things like this have been found guilty by the Supreme Court for passing such laws. These laws infringe on our second amendment rights. You are not above the Supreme Court. We ask you not to pass this. Councilman Mesirow said I respect that you have your perspective and I respect your right to feel safe around your family. My perspective is when you walked in the door I immediately noticed the firearm on your leg. All of my attention went there. I felt a wash of fear come over me. My thoughts immediately go to where do I hide, where do I run. The consequence of which was a complete shift in energy and focus, at least for me, to 82 Regular Meeting Aspen City Council September 23, 2019 3 the point where I don’t even know what the first part of what Philip said was. That is something that is important to consider. Ms. Baubert replied I’m sorry that your concentration level is that small. She asked if a police officer walked in with a firearm would you have had the same feelings. Councilman Mesirow said he ask that you have the same level of respect. She replied my rights do not end where your feelings begin. 6. Phyliss Bronson said Aspen is not Garfield county and we have a right to make our own assessments on how we want to govern. Gun control is the number one public health issue in the county. The W hotel has turned out to be very poor neighbors. They are infiltration the east end neighborhood with giant black vans. They claim they don’t have enough space on their property. She stated she is disappointed in the 2 roof city offices solution. The armory is the seat of city hall. We were told it was going to be a two roof solution. 7. Steve Berk said as a person who holds several firearm permits and someone in the defense business, this community has been an open carry state for years and years. What has happened to bring this amendment. When was the last time there was a firearm discharged in a city building. I know the gun issue is a major issue in this country and you want to be political. I think what you are doing is a reaction. I have more fear of being hit crossing the street than getting shot. Mayor Torre replied I don’t want to wait for a gun to go off to act. This started for me when we started looking at safety for the new building. 8. Stephen Olitsky said I’m a gun carrier myself. He asked who brought this forward. It should be made public who brought this forward because I’m not voting for them again. He asked if there has been a public threat in a public building. 9. Maggie Silvers said I support what everyone here has said. Are we a threat. I just want to keep myself and my child safe. I don’t remember anyone running on this platform. You know you wouldn’t have been elected if you did. I felt safer having a weapon in the room. Councilwoman Richards said since the election we saw the El Paso and Ohio shootings and multiple others. Public corporations and businesses are concerned about the safety of their customers include Aldi, Walgreens, CVS and others. 10. Lee Mulcahy said the judge ruled the APCHA rules of decorum are not viewpoint neutral or constitutional. When a court says your board is violating the constitution we got problems. This has gone on too long. 11. Sandy Mulcahy said I’ve talked a number of times about the difficulties that have gone on with APCHA. They have committed some unbelievable violations. You need to look at what they have done to us. It is absolutely wrong. 12. Bob Morris said you do not get to go in a federal court building with a firearm. The proposal might be to take a firearm away from people when they enter a building then give it back when they leave. He asked about the bike lane on Mill street by the wheeler. I don’t notice the mountain anymore with the bright yellow huge bike lane there. Curious who makes the decisions how pedestrian and bike lanes are done. He commended the council for taking a proactive stance on a problem that may never be a possibility. 13. Toni Kronberg thanked Skippy for the category 1 conversation. Our focus should be shifted to supply worker force housing. She thanked the kids who participated in the climate march. When we declare an emergency we need to declare what we are doing at home. We went from a 1 roof solution to a 2 roof solution. I strongly believe we need to do what we told the voters we were going to do and keep city hall in armory hall. There are a lot of people in the community who want to give their opinion and we haven’t had the opportunity 83 Regular Meeting Aspen City Council September 23, 2019 4 COUNCIL COMMENTS Councilwoman Mullins said we still have a 2 roof solution. This building still remains city offices. On APCHA, I think we are in much better shape with 2 members of council. On the gun discussion, thanks for coming. We may have heard just one side. Please come back to the next meeting and I hope we have an even better discussion. CML district meeting was in Snowmass Village. We had an overview on what is going on at the state. The next district meeting will be in Aspen. The state meeting is in a few weeks in Denver. Sorry to have missed the march on Friday. I heard it was wonderful and much appreciated by the participants. Councilman Hauenstein said I like hand guns but open carry is stupid. I think you would be the first target. No one is proposing to take your guns away but make this a gun free zone. There are some members of staff who are fearful. I’m not fearful but it doesn’t extend to all members of staff. We have staff members with children who are concerned for their safety. When I was in DC firearms are not allowed in any offices. It is not taking your right to carry away but just in city offices for the safety of staff. I wish we had a better range. I like shooting. He attended mountain pac in DC. They are looking for full funding for the conservation fund. They met with representatives from various states as well as Senator Gardner. He came out last week for full support of the fund. We met with a bunch of other senators and Nancy Pelosi’s staff. The climate strike was wonderful. Councilwoman Mullins said we are looking at the health and human services grants. There are other groups looking at cultural and arts grants. It is confusing for the applicants and those reviewing the grants. She would like council to have a work session to talk about the grant process. It was about 1.6 million dollars last year. Councilmembers Richards and Hauenstein support that. Councilman Mesirow thanked the kids who led the climate march, it is incredible that we have school age children who are taking the time to make the world a better place. There was an article in the paper on housing. I’m new up here and still learning how to work with staff and fellow council members. The article came forward at a time when we are working on the guidelines. I don’t think that was conveyed as well as it could have been. I used strong language because I feel strongly about inclusionary housing. I heard back from all kinds of people on all sides. I wanted to take the time to apologize to anyone who thought they were accused. I would like to communicate that this opportunity is ours. Mayor Torre gave a thanks to Lead with Love for your seminar. Accolades for Ruggerfest for 52 years in Aspen. It is such a neat event for Aspen to host and he is glad the city is supportive of that. 40 years of Aspen film are going on this week. If you get a chance look up the schedule. The climate march was amazing last week. It was a call for us to do more than we already do. Reduction in carbon emissions by 30 percent by next year. We need your help. There is personal, local, state, national and international responsibility. I am calling on personal action. Whether it is composting at home, not accepting single use plastic, bringing your own to go containers. We will do some of the local. CITY MANAGER COMMENTS Sara Ott said Galena plaza is not covered at tomorrow’s work session. There is an info only memo that outlines the process. The design team is just getting started on their work. This is the last Monday council meeting. Starting the 8th regular meetings will be held on the 2nd and 4th Tuesdays at 5. Electric busses are in testing driving around town. It is a long time of work coming to fruition. We are also moving forward with final repairs to compete the castle creek 84 Regular Meeting Aspen City Council September 23, 2019 5 bridge project during the week of October 7th. There will be significant detours. We will also be having a conversation with the USDA. BOARD REPORTS Councilwoman Richards attended the Colorado river district annual meeting in Grand Junction. The conversation focused around uncertainty. The drought contingency plan has been signed on to by a number of states. It is focusing on demand management. There is concern about the long term loss of west slope agriculture. The single largest user of the Colorado is the front range. There will be a free dental care clinic October 4th and 5th at the Glenwood Springs high school. Adults and children, no questions asked. She spent 3 days with Club 20. They discussed the 2020 debates. January 23 and 24 is a legislative trip to Denver. Councilman Hauenstein said CCLC is cleaning up the alley ways. 2 weeks left to the Saturday Market. They talked about increasing composting in the core. CORE is working on their anniversary celebrations and the work plan for next year. Mayor Torre said ACRA meets tomorrow at 8:30 CONSENT CALENDAR Mayor Torre said on the consent we are approving Julie Hardman for open space and trails regular member and Adam McCurdy as an alternate. Thanks to those applicants and everyone who applies for the volunteer boards. Resolution #100, Series of 2019 – Contract between APCHA and Antero CRM for HomeTrek automation project, Phase 2 through Colorado’s Statewide Internet Portal Authority Board Appointments Minutes – September 9, 2019 Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Mesirow. All in favor, motion carried. ORDINANCE #25, SERIES OF 2019 – prohibition of weapons in city facilities Councilman Hauenstein said this is a symbolic measure. Without active enforcement it means nothing at all. I would like council consideration of what the cost would be if we were to enforce this and what the budget impact would be. Councilman Mesirow asked for more clarity on what this does or does not apply to. He asked about affordable housing owned by the city. Ms. Ott replied should it be enacted it is city owned buildings with appropriate signage noticing it. I would designate what buildings need signed. I would not be making assumptions for affordable housing buildings. Councilman Mesirow said it would not include housing or parks. Jim True, city attorney said you have that authority. Councilman Mesirow asked about city offices in building we don’t own. Mr. True replied we have that authority. Councilman Hauenstein said this is not a politically correct measure. It is safety of staff. Councilwoman Richards said I would add the general public. Councilwoman Mullins moved to read Ordinance #25, Series of 2019; seconded by Councilwoman Richards. All in favor, motion carried. 85 Regular Meeting Aspen City Council September 23, 2019 6 ORDINANCE NO. 25 (SERIES OF 2019) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 15.04 OF THE ASPEN MUNICIPAL CODE, MISCELLANEOUS OFFENSES AND PENALTIES, BY THE ADDITION OF SECTION 15.04.740. DEADLY WEAPONS IN CITY BUILDINGS PROHIBITED Councilwoman Richards moved to adopt Ordinance #25, Series of 2019 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmember Mesirow, yes; Hauenstein, yes; Richards, yes; Mullins, yes; Mayor Torre, yes. Motion carried. ORDINANCE #21, SERIES OF 2019 – Water Treatment Plant Facility – 480 Doolittle Drive – Major Public Project Review Garrett Larimar, community development, said the water plant facilities are located up Castle Creek road, west to Meadowood and Moore subdivision and adjacent to the water place housing. The property was annexed in 1982. In 1983 it was rezoned to public and an SPA was applied. SPAs are now considered PDs. In 1984 there was an amendment for improvements for additional structures. In 1996 another amendment to subdivide into 25 lots and create the water place housing. This is a major public project review. Council is the final decision making authority. There is a major amendment of the PD for additional structures and square footage, GM review, 8040 greenline review, transportation and parking management and conditional use for one of the structures. This is mandated by the state of Colorado for governmental agencies which permit an expedited review process. The city adheres to the regular review process. This went to the development review committee with referral agencies. They can provide conditions of approval, advisory comments or request changes to the application. The next step is a public hearing with P&Z. They make a recommendation to council and consider the employee generation. Last is a one step combined review with council. He showed aerial images of the facility. There is an admin building that houses admin and management staff as well the raw water building, electric and water distribution building, reservoir, 2 clarifiers and west and east plant buildings. There is also a treated water tank with a solar array and residual treatment area. He showed the proposed site plan with the proposed improvements. The request is to expand the administration building, new vehicle maintenance facility, expansion of raw water storage and expansion of residual treatment area. The admin building sits on top of a water storage tank. The addition would extend above the remainder of the storage tank. Vehicle storage would permit unified storage. The west plant addition is also proposed. The reservoir is also proposed to expand. The existing is 9.2 acre feet. The total would be 25.86 with the expansion. Staff has stated current raw water storage accommodates ¼ of a peak day demand. This would improve resiliency. This is not a solution for long term storage options that are being considered. The final request is expanded and improved residual treatment areas. Proposed a phasing plan mainly due to budgetary considerations and refinement of design and permitting requirements. Phase 1 would be the vehicle maintenance and storage building, phase 2 would be the treatment and west plant expansion, in 2021. Phase 3 is the admin building and the final stage is the reservoir expansion in 2025. This is in the public zone district. The majority of the improvements are permitted uses in public zone with the exception of vehicle storage, that requires a conditional use. The application complies with the PD, 8040 greenline and conditional use and major public project review. For transportation and parking more details are needed. The applicant is to provide them prior to building permit issuance. There is limited access to the site and it already contains the amenities you would expect. They are working with engineering to find solutions to the immediate area. Growth management review, there are elements that require input. A number of questions from first reading and were responded to in the memo. There are 2 important aspects to GM review. Annual 86 Regular Meeting Aspen City Council September 23, 2019 7 allotments are generated but there is no cap on the limit. 2nd is the code provides an employee generation rate of 5.1 FTEs per 1000 square feet. For non office there is a path forward with P&Z and council setting the rate. At P&Z the rate was determined. We are looking for input on the affordable housing requirement based on that generation. There are 26.5 FTEs on site. APCHA reviewed the current generation and provided a recommendation of an employee audit prior to building permit issuance. Any employees generated from the audit will require mitigation. Council review is to determine the affordable housing mitigation requirement. Council can waive, partially waive or require mitigation. Staff recommends council approve the requirements for reviews subject to conditions. Councilwoman Richards said she would not like to waive the mitigation but make it required. She is glad to see the reservoir expansion a little further out. She wants to double check the soils and capacities. Safety has to be something entirely insured. She fully agrees with more short term capacity on hand. Councilwoman Mullins said her two concerns are GM and TIA. I support we do not waive affordable housing mitigation. She thinks we need to exercise the audit. Where are they lacking in the TIA planning and how do you propose to go forward. Patrick Rawley, representing the applicant, said the vehicle storage building is intended to store large heavy equipment. The expansion of the admin building will consolidate current employees and provided dedicated meeting place. Previously, there was some work to remodel the admin building but cost prohibited. The expansion will provide adequate office space and meeting space. Integration of the new chlorine structure and tanks are for operational efficiencies. All of the proposed development is not new but to enhance what is currently going on. It will not increase the number of employees. The expansion of residual treatment area will provide additional redundancies. The reservoir expansion is there to meet daily and possibly long term resiliency. No new employees are anticipated to be generated from this. Development will occur over multiple years. In 1997 there was an SPA amendment to identify what is developable. That is 4.6 acres. .08 to 1 floor area ratio which generated 16,030 square feet allowable floor area. We show we are 61 square feet over what was formally approved. He showed the site plan. The water place affordable housing subdivided the original acreage. He showed images of the garage as designed. The admin building addition is 1,600 square feet. The current exterior deck will now be meeting space and offices. There is a 572 square feet addition to the west plant chlorination area. It will also enhance operational efficiencies. The backwash facility will provide for additional pond redundancy. Only having one pond it eventually gets filled up with materials. The second pond will give additional redundancy and capacity. The expansion of raw water provides for increased daily supply of water to the city. It will provide for disruption against avalanche, wildfires and contamination or unforeseen events. 9.2 acre feet exists to be expanded to 25.86. A little under 5.5 million gallons of water. On phasing, the maintenance building will be first, followed by the backwash pond, west plant, admin expansion and reservoir last. Conditions of approval, we feel the 2 year look back is appropriate. We will work with APCHA on the front end to identify the 26.5 FTEs currently on the site. Additional documentation will be provided. If there are additional employees we will mitigate. We are also fine ensuring the impacts to native plants are minimized. We’ve met with engineering. Access to the site is controlled. Many features that would be typically part of a TIA are already in use. There is a possibility to be part of pedestrian improvements for other developments. At the base of Doolittle drive is a walkway with a handrail that could be an option or at the bus stops. We will continue to work with engineering to meet our obligation. Councilwoman Richards said there are safety factors when dealing with chlorine. She would like to plan for solar on the facility where possible. 87 Regular Meeting Aspen City Council September 23, 2019 8 Councilman Mesirow said he is supportive of the project. He seconds Rachael’s points about solar and full mitigation. It sounds like the existing employees have never been mitigated for. Mr. Rawley replied in one way or another they have through the city constructing affordable housing units. Mr. True said we don’t have individual credits but the city has at times accepted that we have created a lot of housing. We have used those produced inventory as mitigation for development. Councilman Mesirow asked about the accounting of that. He would like to fully mitigate for all the employees at the building. Councilwoman Richards said that is a different standard than any private sector business would have. Councilman Mesirow said if I could retro go back and mitigate for those employees I would. I understand why we don’t do that. Councilwoman Richards asked should we increase everyone’s water rates to mitigate for that. Councilman Mesirow replied no. I simply look at it from a baseline of 26 employees in the city and we mitigate for 60% that have never been mitigated for. Councilwoman Mullins replied it is a worthy discussion but a real policy shift. The precedent is for essential public facilities to have these audits. If there are additional employees they be mitigated for but not to include the previous. A few years ago there was a waiver of mitigation on historic buildings in town. It was not done on one project but a step back to look at the whole project. I don’t think the correct way to do it is to change the policy for this one project. Councilman Hauenstein said there was an in depth discussion about existing buildings and mitigation for them. I don’t support going back and calling for housing for the existing employees at the plant and facility. I agree with Ann if we want to have that discussion as a policy discussion in the future. Councilwoman Richards said I could see it as a future work session. At some point it is the user of the services of the facilities that will change. It starts to be where do the dollars come from. I understand your broader intent. We want to be up front with the same that anyone else would do moving forward. Mayor Torre opened the public comment. 1. Toni Kronberg said I support the application. It is long overdue. The new city hall generated employees were mitigated by relying on prior credits. So is this. We are shorting ourselves. A policy discussion needs to happen on this topic. The ordinance is based on a lot of conditions. A lot is happening between now and building permit and there is not an opportunity for public comment. There are a lot of things where we don’t know what we are really going to get. There are too many conditions left unknown. Mayor Torre closed the public comment. Councilman Hauenstein said the drain line for future expansion is that using the existing drain line. Ryan Leobach, utilities, said we haven’t’ done the hydraulic analysis to see if it is sufficient yet. Councilman Hauenstein said he agrees with the housing survey. I don’t want to waive mitigation. Are there any public trails on site. Andy Rosello, utilities, replied there are 2 trails on site. There is the back road that continues towards Highlands and a second trail. We’ve met with parks extensively and they did not feel the trails would be affected. Councilman Hauenstein said he is supportive of this. Councilwoman Mullins said she supports the affordable housing 2 year audit and no waiver. On the TIA it sounds like you are going in a good direction. The existing bleach building the pipes will be eliminated. Mr. Rosello stated we feed chlorine to both buildings. The lines are problematic in the winter. This facilitates the movement of chemicals on site. Councilwoman Mullins said on the natural environment she would love to see a condition about eliminating noxious weeds on site. 88 Regular Meeting Aspen City Council September 23, 2019 9 Councilman Mesirow said on P&Z there were several projects with multi year audits. Can’t we just say any time a new employee is added it is mitigated for at the time. Mr. True said you have that right. Are you talking about it as a general policy for all growth or just proposing that here. Here, you clearly have the authority. Councilwoman Richards said I would add a 10 year audit to the count as well. Councilwoman Mullins said I want to go back to the precedent and if we are going to change it we need to have a conversation on the impacts of the change. I would not support a rolling audit until we have a bigger conversation. 5 years would match up to the reservoir expansion. Jennifer Phelan, community development, said the recommendation APCHA and P&Z made was the first audit 2 years out of the final phase of completion. You are probably not looking at an audit for 7 years. Councilwoman Richards said it sounds like 2 years after the completion of the project then we could make it 5 years after that. Councilwoman Richards move to adopt Ordinance #21, Series of 2019 with the amendment for a 5 year audit after the completion of the project for affordable housing mitigation purposes. Council direction is to not waive the mitigation requirement. Seconded by Councilwoman Mullins. Roll call vote. Councilmember Mullins, yes; Richards, yes; Mesirow, yes; Hauenstein, yes; Mayor Torre, yes. Motion carried. APCHA RETREAT PREP Councilman Mesirow said the intention of the retreat is to come up with a work plan for the following year. Councilwoman Mullins said she would like to see a discussion on funding and the county and city partnership. Is it affordable housing or work force housing. She asked for a discussion on what percentage we would like to house. Is it 100 or 65 or something else. She suggested a discussion of the different housing opportunities. Councilwoman Richards said APCHA is a policy board not construction or planning and zoning. Councilwoman Mullins said these are all issues APCHA should be weighing in on. Councilman Hauenstein asked on additional funding, is the board thinking of doing development. Councilman Mesirow replied I don’t know that. Ms. Ott said one of the requirements of the IGA is the board to develop an annual workplan and 5 year strategic plan. Both come back before council for approval in conjunction with your budget conversation. The packet contains a pretty optimistic list of items to tackle. The board needs to prioritize those. Regarding funding, the IGA makes an assumption that APCHJA is 1/3 funding themselves then 2/3 by the other jurisdictions. Mr. True said APCHA has power to pursue a tax. That is not what has been contemplated. There are other steps that need to be taken in order for APCHA to exercise their powers. Councilwoman Richards said the real goal is to break down the silos between APCHA. She asked how do we have true public engagement about the guideline changes. She said the real goal is to break down the silos between APCHA. She said engaging the public should be on the agenda. People are afraid about what is going on with the changes. Councilwoman Mullins said she supports the public outreach. PREPARATION FOR MOUNTAIN TOWN 2030 SUMMIT Ashley Perl, environmental health, said Chris Menges will be going on behalf of the city. Part of the agenda revolves around commitments. They are looking to have a conversation and for folks to walk away with a commitment in mind. Examples of commitments include a numerical green house gas reduction goal. If you are considering of going with a goal in that area I would 89 Regular Meeting Aspen City Council September 23, 2019 10 suggest an interim goal that is in line with the ones we already have. Another goal would be more program specific like waste reduction or transportation. Park City is asking Aspen to come and take a leadership role. RESOLUTION #102, SERIES OF 2019 Mr. True stated Aspen Public Facilities owns the property. There are subleases to the Isis retail group and theatre. There is also a penthouse on the top. The Isis retail group has subleases and the purpose of the original project was the city to issue COPs to finance the redevelopment. They would retain ownership through the APFA. The Isis retail group advised us early in the year they wish to sell their interest. They would pay off their portion of the COPs. It would give us the obligation to convey the property to them in fee simple. They gave us notice they would sell to a 3rd party for some 13 or so million dollars. They gave us notice of right of first refusal. Council decided not to exercise their right of first refusal so the sale has moved forward. Resolution 102 approves all the complicated agreements that are necessary to complete the sale by Isis retail group to a 3rd party. We retain rights associated by Aspen films property if they decide to sell. It is relatively simple. Isis retail group wants to sell to a 3rd party and we have to accommodate that. A portion of the COPS will be paid off. Councilman Hauenstein said the balance is 4.46 million. Mr. True said I thought it was 2.3 million. Both parties have been paying down the COPs since 2007 or 2008. The balance is 6.695 million. Isis retail will pay off 4.46 leaving 2.03 left outstanding. That amount is the obligation of Aspen film to pay off. Once they do the city is obligated to convey the property to Aspen film. Councilman Hauenstein said we were offered the opportunity for first refusal. If we could have got it for 4.46. How do we get in to that situation. Councilwoman Richards said Sam Houston tried to sell it to the city but it wasn’t doable at the time. The city did not want to lose the theatre. The partnership was assembled. Mr. True said the redevelopment had happened and we were trying to bail out a potentially failing movie theatre operation. We made a deal with IRG and film fest to pay off COPs the city would use to acquire the property. We did not have the ability to pay the 4 million left in the COPs. Once they are paid off the deal was it would go to those entities. Councilwoman Richards asked will the theatre still be deed restricted. Mr. True replied to a degree. There is still an ability for the owner of the film fest to come in and say it is not financially working. Councilwoman Richards asked about the first right of refusal. Mr. True said if the price changes they would have to give us another opportunity. Councilwoman Mullins said the challenge for us is to make sure the Isis remains a theatre if we want to. Mr. True said they do have obligations but the recognition is Aspen film is Aspen film. This is for the commercial units to the west. Mr. True recommend council continue this meeting until 9:15 to convene the public facilities authority to approve a resolution that is the same as this resolution. At this point it is the authority that owns this property. Councilwoman Richards moved to continue the meeting until 9:17; seconded by Councilman Mesirow. All in favor, motion carried. Mayor Torre called to order the Aspen Public Facilities Authority. All present except for Pete Strecker. Authority member Richards moved to appoint Torre as chairman. All in favor, motion carried. Mr. True said the board needs to approve the resolution that is in the packet. It designates the finance director with the authority to sell the property and sign the closing documents. It will be conveyed from the public facilities authority directly to the 3rd party buyer. The RETT will be paid by that buyer. 90 Regular Meeting Aspen City Council September 23, 2019 11 Authority member Richards moved to approve the APFA to direct the sale; seconded by Authority member Mesirow. All in favor, motion carried. At 9:13 Authority member Richards moved to adjourn; seconded by Authority member Mullins. All in favor, motion carried. Mayor Torre called the regular meeting to order. Mr. True recommended Council go into executive session pursuant to C.R.S. 24-6-402 (a) The purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations and instructing negotiators. At 9:20 p.m. Councilman Hauenstein moved to go in to executive session; seconded by Councilwoman Richards. All in favor, motion carried. At 10:15 p.m. Councilwoman Mullins moved to come out of executive session; seconded by Councilman Hauenstein. All in favor, motion carried. Councilwoman Mullins moved to adjourn; seconded by Councilman Hauenstein. All in favor, motion carried. Linda Manning City Clerk 91 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Sarah Yoon, Preservation Planner; Community Development THROUGH: Jennifer Phelan, Interim Community Development Director MEMO DATE: October 1, 2019 MEETING DATE: Second Reading, October 8, 2019 – Public Hearing RE: Ordinance No. 22, Series of 2019; 616 ½ West Main Street, Unit B Establishment of Transferable Development Rights (TDR) REQUEST FOR A CONTINUANCE: Due to Yom Kippur starting on Tuesday, October 8th, the scheduled Council meeting will be ending early. RECOMMENDATIONS: Staff recommends that the application be continued to the October 22nd, 2019 meeting date. Continuing the hearing will keep the application active and preserve the City’s published public notice in the newspaper. PROPOSED MOTION: “I move to continue the 616 ½ W. Main Establishment of Transferable Development Rights (TDR) to October 22nd, 2019. 92 MEMORANDUM TO:Mayor and City Council FROM:Sara Ott, City Manager Jim True, City Attorney MEETING DATE:October 8, 2019 RE:Ordinance # 25, Series of 2019, Prohibiting the Possession of Deadly Weapons within City-owned Buildings REQUEST FOR A CONTINUANCE:Due to Yom Kippur starting on Tuesday, October 8th, the scheduled Council meeting will be ending early. RECOMMENDATIONS: Staff recommends that the ordinance be continued to the October 22nd, 2019 meeting date. If there are members of the public present who would like to comment and cannot be present for the October 22nd date, Staff recommends Council take their comments. PROPOSED MOTION: I move to continue Ordinance #25, Series of 2019 prohibiting the possession of deadly weapons within city-owned buildings to October 22, 2019. 93 To:CML Executive Board From:Kevin Bommer, Executive Director Date:June 11, 2019 Subject:Recommendation to support Proposition CC – Retain State Revenue in Excess of Limit Summary During the 2019 legislative session, CML supported HB 19-1257 and HB 19-1258. HB 1257 refers to the voters in November a single ballot question – Proposition CC – that, if passed, allows the state to permanently retain revenue in excess of the state’s TABOR limit set by Referendum C and requiring that retained revenue be distributed to public schools, higher education, and transportation/transit. HB 1258, effective only upon voter approval of Proposition CC, requires a 1/3 split to each category. If approved, there may be no short-term revenue impact. The state’s March revenue forecast does not anticipate a TABOR surplus in the current or next state fiscal year, the latter ending June 30, 2021. The next forecast is due this month, which may revise that estimate. Regardless, enactment by Proposition CC by voters would ensure that in any future years that state revenue exceeds the state TABOR limit, excess revenues will be allocated accordingly in the next state fiscal year. Specific to municipal interests, the portion allocated to transportation/transit will be distributed through the HUTF formula, meaning municipalities will split 18% in the same manner that regular HUTF calculations and disbursements are made annually. Staff noted in testimony that this approach should not be mistaken for a statewide solution to transportation funding problems – and the same could likely be said for K-12 and higher education. Staff also noted passage of this measure would remove pressure to backfill future TABOR refunds with severance tax revenue, as was done in 2015. Given the important inclusion of local transportation interests by the General Assembly, as well as the League’s general interest in ensuring constraints of the revenue limit both do not harm and may help municipal interests, staff recommends CML support Proposition CC. Staff Recommended Motion Because of the potential to assist with local transportation funding needs, as well as to protect municipal interests from constraints on the state budget during times of economic prosperity, the Colorado Municipal League does now support Proposition CC. The League is authorized to make cash and other contributions from private source revenues to an appropriate issue committee provided such contributions are expended from the special fund maintained by the League for such purposes. Such contributions shall not exceed private source revenues available to the League. The League is also authorized to make expenditures of staff time and other resources in the regular course and scope of the League’s work informing its membership and others. 94 RESOLUTION #109 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN SUPPORT OF COLORADO PROPOSITION CC, A MEASURE ON THE NOVEMBER 2019 STATE BALLOT. WHEREAS, Colorado regularly ranks as the top economy in the country, but cannot invest all the money it collects for students, roads, bridges and transit because of current state spending limits established in 1992; and WHEREAS, Colorado ranks among the bottom states in the country for the quality of its transportation infrastructure and K-12 public education investments; and WHEREAS, if Proposition CC is adopted, the state will be allowed to keep and spend annual revenue in excess of the state’s 1992 spending limits and utilize the revenue for: (A) state and local highway and transit projects; (B) public schools, and (C) public higher education; with each of these categories receiving one-third of the authorized revenue; and WHEREAS, Proposition CC is similar to revenue retention ballot measures already approved in the overwhelming majority of the municipalities in Colorado; and WHEREAS, the state estimates that the additional spending to be authorized by Proposition CC may range from $277 million to $1.2 billion in the next two state fiscal years; and WHEREAS, nearly 25% of public roads across Colorado are rated as being in “poor” condition and almost 500 bridges have been deemed structurally deficient; and WHEREAS, driving on roads in need of repair in Colorado costs each driver $580 per year; and WHEREAS, 40% of the money Prop CC raises for transportation will go to local governments under existing Highway User Tax Fund (HUTF) formulas, with municipalities expected to receive additional HUTF disbursements which may range from $16 million to $79 million in the next two state fiscal years alone, along with the potential for additional revenue for municipal transportation projects and programs in future years; and WHEREAS, Colorado spends roughly $2,500 less per student than the national average, ranking below some of the poorest states in the nation, including: Kentucky, Louisiana, New Mexico, West Virginia, and Wyoming; and WHEREAS, over 60% of Colorado’s school districts operate on a four-day week—the most in the country; and 95 WHEREAS, the state estimates that the approval of Proposition CC mayprovide an additional $92 million to $439 million for investment in state education programs in the next two years alone, with the potential for additional revenue for this purpose in the future; and WHEREAS, in general the approval of Proposition CC will relieve the state of fiscal stress caused by the 1992 spending limit, and thus make it less likely that the state will reduce or eliminate spending on other state services and programs of concern to Colorado municipalities; and WHEREAS, thousands of Colorado’s business, public sector, and academic leaders agree that an arbitrary cap preventing the state from investing with the revenue it already collects is not sound fiscal policy; and WHEREAS, allowing the state to invest the revenue it already collects will stimulate growth in our economy and help provide the critical services that enable all Coloradans the chance to provide for themselves and their families; and WHEREAS, Proposition CC contains provisions for unprecedented transparency and accountability, including independent, annual, publicly available audits so Coloradans can see where their money is going; and WHEREAS, Proposition CC fully preserves the authority of the voters to approve new taxes or tax rate increases at both the state and local level of government, as guaranteed under current law; and WHEREAS, §1-45-117 (1)(b)(III) of the Colorado Fair Campaign Practices Act authorizes the adoption of this Resolution and reporting the passage of or distributing this Resolution by established, customary means, other than paid advertising, through which the City of Aspen resolutions are regularly provided to the public. NOW THEREFORE, BE IT RESOLVED that the City of Aspen Mayor and City Council officially declares its support for Proposition CC and for the reasons set forth in this Resolution urges a YES vote on the proposition at the November 5, 2019 state election. 96 INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of October,2019. Torre,Mayor I,Linda Manning,duly appointed and acting City Clerk do certify that the foregoing is a true andaccuratecopyofthatresolutionadoptedbytheCityCouncilofAspen,Colorado,ata meeting held October 8,2019. Linda Manning,City Clerk 97 To:CML Executive Board From:Meghan Dollar, Legislative & Policy Advocate Brandy DeLange, Legislative & Policy Advocate Date:June 11, 2019 Subject:Recommendation to support Proposition DD, Voter Approval to Tax Sports Betting Revenue Summary During the 2019 legislative session, CML supported HB 19-1327. HB 1327 authorizes sports betting within the existing framework and regulatory scheme for limited gaming in Colorado. It authorizes sports betting with master licenses held only by those entities licensed to conduct limited gaming within the three host cities, and requires local voter approval in the three host cities. The licensees in the three host cities may contract with online sports betting entities. This regulatory mechanism mirrors past voter intent for limited gaming. HB 1327 also refers to the voters in November a single ballot question – Proposition DD – that, if passed, would tax future proceeds from sports betting and allocates the revenue to the Colorado State Water Plan and exempt the tax revenue from the state’s TABOR limit. Should Proposition DD pass, the revenue generated from sports betting will be allocated as follows. First, the funds will go to the repayment of General Fund moneys provided for startup costs for the Division of Gaming. Second, the revenue will fund ongoing Division of Gaming administrative expenses for sports betting. Third, six percent of the full fiscal year sports betting tax revenue will be transferred to the Hold Harmless Fund. The Hold Harmless Fund will be distributed per the current limited gaming formula. The three gaming towns will receive a portion. Fourth, $130,000 will be allocated for the prevention, education, and treatment of gambling addiction. Finally, the remaining portion of the revenue will be transferred to a cash fund for State Water Plan implementation. Grants made from the cash fund will go to projects that focus on water storage, supply, water conservation, land use, agriculture, the environment and recreational uses which all provide a municipal benefit. Staff recommends support for the question. Staff Recommended Motion Because the regulatory mechanism follows the intent of the voters regarding limited gaming in Colorado, and the revenue goes to the Colorado State Water Plan which will have a direct municipal impact, the Colorado Municipal League does now support Proposition DD. The League is authorized to make cash and other contributions from private source revenues to an appropriate issue committee provided such contributions are expended from the special fund maintained by the League for such purposes. Such contributions shall not exceed private source revenues available to the League. The League is also authorized to make expenditures of staff time and other resources in the regular course and scope of the League’s work informing its membership and others. 98 RESOLUTION #110 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN SUPPORT OF COLORADO PROPOSITION DD, A MEASURE ON THE NOVEMBER 2019 STATE BALLOT. WHEREAS, in the 2019 legislative session, HB 19-1327 authorized sports betting within the existing framework and regulatory scheme for limited gaming in Colorado; and WHEREAS, HB 19-1327 authorizes sports betting with master licenses held only by those entities licensed to conduct limited gaming within the three host cities and the licensees in the three host cities may contract with online sports betting entities; and WHEREAS, this regulatory mechanism mirrors past voter intent for limited gaming; and WHEREAS, HB 19-1327 also refers a single ballot question to the voters in November, 2019 as Proposition DD; and WHEREAS, Proposition DD would tax future proceeds from sports betting and allocate the revenue to the Colorado State Water Plan and exempt the tax revenue from the state's TABOR limit; and WHEREAS, the revenue generated from sports betting will be specifically allocated and the remaining portion of the revenue will be transferred to a cash fund for State Water Plan implementation; and WHEREAS, the City of Aspen respectfully encourages current legislators to find a long-term, sustainable source of funding for the Colorado Water Plan that is a robust, open, transparent and state-wide process for prioritizing projects that receive funding and support from the state level; and WHEREAS, Proposition DD aligns with the City's support for funding the Colorado Water Plan as the regulatory mechanism follows the intent of the voters regarding limited gaming in Colorado and the revenue goes to the Colorado Water Plan which will have a direct municipal impact. 99 NOW THEREFORE, BE IT RESOLVED that the City of Aspen Mayor and City Council officially declares its support for Proposition DD and for the reasons set forth in this Resolution urges a YES vote on the proposition at the November 5, 2019 state election. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of October, 2019. Torre, Mayor I, Linda Manning, 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 Aspen, Colorado, at a meeting held October 8, 2019. Linda Manning, City Clerk 100