HomeMy WebLinkAboutagenda.council.regular.20221011AGENDA
CITY COUNCIL REGULAR
MEETING
October 11, 2022
3:30 PM, City Council Chambers
427 Rio Grande Place
I.Call to Order
II.Roll Call
III.Executive Session
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Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or
sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney
for the local public body for the purposes of receiving legal advice on specific legal
questions; (4)(e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators; and, (4)(f)
Personnel.
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IV.Scheduled Public Appearances
IVA.Swearing in of Police Officers Adam King and Leandra Michelsen
V.Citizens Comments & Petitions
VI.Special Orders of the Day
VII.Consent Calendar
VIIA.Resolution #107, Series of 2022 - ATS Rocky Mountain HVAC Maintenance Contract
VIIB.Resolution #115, Series of 2022 - Streets Department CMU Repairs and Resealing
of Shop Floor
VIIC.Resolution #117, Series of 2022 - Galena Street and Hyman Avenue Stop Sign
Addition
VIID.Resolution #118, Series of 2022 - Red Brick Sewer Repair Contract with Stutsman-
Gerbaz, Inc.
The specific items of discussion involve the following:
1. City Manager Review
2. Forest Service Land Lease Negotiations
3. Burlingame Ranch III delay update
4. Tarada, LLC Damage Claims
(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
(These matters may be adopted together by a single motion)
City_Council_Memo_for_ATS_Rocky_Mountain_PRofessional_Services_contract.docx
Resolution__107__ATS_Rocky_Mountain (Final).doc
Professional Services Agreement ATS July 2022.docx.pdf
40111 & 40005 Streets Department - Council Memo.pdf
Resolution.council.115.22.pdf
Exhibit A Professional Services Agreement - Summit Sealants Signed 9.29.22.pdf
Routing Slip - Summit Sealants.docx
Reso 117 Memo for 10-11 Session.pdf
Reso 117.pdf
100322_Council_Memo_Red_Brick_Sewer_Line_Repair_Final.pdf
Council_Resolution_2022-118_Stutsman-Gerbaz_Inc.rtf
CONTRACT FOR CONSTRUCTION_Stutsman-Gerbaz_Red Brick Sewer_2022-09-
30__SG.pdf
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VIII.Notice of Call-Up
VIIIA.HPC approval for 312 W. Hyman – Conceptual Major Development
IX.First Reading of Ordinances
X.Public Hearings
XI.Action Items
XIA EOTC Preparation
XII.Reconvene Executive Session if Necessary
XIII.Adjournment
Notice of Call Up Memo.312 W Hyman.pdf
Exhibit A_HPC memo April 27 2022.pdf
Exhibit B_Approved plans.pdf
Exhibit C_Meeting minutes April 27 2022.pdf
Exhibit D_HPC Resolution 6 2022.pdf
EOTC Packet - Oct 27 2022.pdf
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MEMORANDUM
TO:Mayor and City Council
FROM:Nancy Nichols, Kids First
THROUGH:Sara Ott, City Manager
Diane Foster, Assistant City Manager
Jim True, City Attorney
MEMO DATE:September 3, 2022
MEETING DATE:
RE:City of Aspen – ATS Rocky Mountain Professional Service Contract
REQUEST OF COUNCIL:The purpose of this memo is for City Council approval of a
service contract with ATS Rocky Mountain. Attachment “A”
SUMMARY AND BACKGROUND: The Yellow Brick Building HVAC system is
controlled by Ascent Compass Energy Software (a proprietary software). ATS Rocky
Mountain is an authorized dealer of Alerton Ascent building automation software.
Alerton is a business unit of Honeywell Building Technologies. There are
no local companies with the expertise or experience of ATS Rocky Mountain. ATS
Rocky Management has been servicing and management this system at the Yellow
Brick for over 15 years.
DISCUSSION: ATS Rocky Mountain has been managing this system at the Yellow Brick
for over 15 years and knows and understands the Yellow Brick building layout and
components of the system. We recently install new Lochinvar Boilers and ATS Rocky
Mountain was a key vendor ensuring that the new boilers worked correctly with the
existing Ascent Compass system.
ATS Rocky Mountain understands all the essential features of the existing system and is
the best qualified candidate to continue the service and support.
ATS Rocky Mountain completes a yearly inspection and evaluation of heating computer
functions, system technology, equipment function in 14 classrooms, gymnasium,
conference room, kitchen, laundry, offices and the common areas, Boiler inspection,
Evaluation of fresh air and circulation and System performance both on-line and on-site.
They are available 24/7 for emergency response services and customer support
with system and computer technology at a reduced cost both on-line and in-person.
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FINANCIAL IMPACTS: ATS Rocky Mountain has worked with us on pricing allowing for
no increase over the next 5 years (flat rate of $12,252 per year) and to provide us with
reduced hour support rates. This provides Kids First greater flexibility within the building
budget to handle other challenges as they arise and otherwise provides a good value for
the City.
Conversely, the cost of educating a different vendor and/or installing a different system
would be a cost prohibitive for the Yellow Brick and would not be beneficial financially.
ENVIRONMENTAL IMPACTS: Priority is being considered for the most efficient heating
of the Yellow Brick building with maintaining and supporting a software system that will
automatically consider the demand for heating and air flow as well as the lack of demand
for heating and air flow during times when the building is and is not in occupied.
ALTERNATIVES:Council could choose to request a change in systems and
maintenance for the Yellow Brick building heating system.
RECOMMENDATIONS:Staff recommends council approval of resolution 22-107 for 5
year professional service contract with ATS Rocky Mountain.
ATTACHMENTS:
A: Resolution #107-22
B: ATS Rocky Mountain Professional Services Contract
CITY MANAGER COMMENTS :
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RESOLUTION #107
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ATS ROCKY MOUNTAIN AND 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
professional services between the City of Aspen and ATS Rocky Mountain, a true
and accurate copy of which is attached hereto as Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for professional services between the City of Aspen and ATS Rocky Mountain, a
copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11
th day of October 2022.
Torre, Mayor
I, Nicole Henning, 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 11, 2022.
Nicole Henning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2022-260
AGREEMENT made this 20 day of July, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
ATS Rocky Mountain
c/o Matt Gompert
8200 S. Akron Street #117
Centennial, CO 80112
Phone: 303-799-1887
For the Following Project:
Annual HVAC Maintenance
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
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: Scope of Work.
Exhibit B: Fee Schedule.
Total: $61, 260.00 over a
5 year period
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1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 31 2027. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
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use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Workers’ Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and TWO MILLION DOLLARS ($2,000,000.00) disease -
each employee. Evidence of qualified self-insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS
($2,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
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(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
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15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the City of Aspen, from
knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include certain
specific language as set forth in the statutes. The following terms and conditions have been
designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of Aspen.
“Basic Pilot Program” means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
“Public Contract for Services” means this Agreement.
“Services” means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
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employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in
the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program pri or to
entering into the Public Contract for Services, Professional shall forthwith apply to
participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Professional
is accepted or the public contract for services has been completed, whichever is
earlier. The requirements of this section shall not be required or effective if the
Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for Services
is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not terminate
the Public Contract for Services with the subcontractor if during such three
days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
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(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
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(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. 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 grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. 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 Professional 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 Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. 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.
23. 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
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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.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional 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 Professional 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.
25. 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, Professional 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.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional 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.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
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Managing Partner
Matt Gompert
7/26/2022 | 11:53:14 AM MDT
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
1. System Technology Updates & Operational Technology (OT) Service
Technology updates
Building Automation System Operational Services
2. Equipment Functional Performance Testing and Analytics
Air Handler Functional Performance Testing
Boiler/Hot Water System Functional Performance Testing
3. System Performance Services; On-line/On-site Services
On-line services
Troubleshooting and Diagnostics Assistance
On-site services
Building Control System Database Protection
Building Control System Analysis
Flex hour Support Services
4. Emergency Response Services
On-line Emergency Response
On-Site Emergency Response
After-Hour Support
5. General ATS Customer Support Agreement Features
Account Management
Quality Assurance Program
Dedicated Service Team
Documentation
Price Advantage-Discounted Labor and Materials
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
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MEMORANDUM
TO: Mayor Torre and City Council
FROM: Ben Levenson, Project Manager II, Asset Management
THROUGH: Rob Schober, Director, Asset Management
MEMO DATE: September 27th, 2022
MEETING DATE: October 11th, 2022
RE: Streets Department CMU Repairs and Resealing of Shop Floor
REQUEST OF COUNCIL: Approval of a contract with Summit Sealants in the amount of
$86,443 for the repair of CMU walls, sealing of an exterior wall, and resealing of shop
floor in the Streets Department Maintenance Shop building
SUMMARY AND BACKGROUND:
The Streets Department Maintenance building paint on the interior and west facing
exterior of the wash bay CMU walls is failing. This is causing accelerated spalling of the
CMU walls. The failing paint on the exterior wall is allowing moisture to enter from the
outside in.
The sand bay CMU wall has experienced normal wear and tear from use over the years.
Filling the damage and resealing will prevent further degradation of the wall.
The shop floor coating has exceeded its serviceable life span of 15 years. Resealing the
floor will allow for it to repel moisture as intended, allow for easier cleaning, and extend
the lifespan of the concrete shop floor.
DISCUSSION:
Staff is recommending approval of the attached contract ‘Exhibit A’ with Summit Sealants.
Summit sealants was the only vendor who can perform all required work that provided a
proposal. Staff reached out to other qualified contractors who were either unresponsive
and/or unable to perform the work in a timely manner.
FINANCIAL IMPACTS:
The project will be funded through the 000 AMP Fund. $255,200 of spending authority for
the Streets Building Facilities Maintenance Project 40111 is allocated in 2022. $47,500
of spending authority for the Streets Building Exterior Maintenance Project 40005 is
allocated in 2022. For the Summit Sealants contract, $60,043 of interior work will be
funded through project 40111and $26,400 of exterior work will be funded through project
40005.
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ENVIRONMENTAL IMPACTS:
N/A
ALTERNATIVES:
If the project is not performed moisture will continue to ingress into the walls and further
damage the CMU walls and coatings. The shop floor will continue to wear at a faster rate
if it is not resealed. The concrete floor of the building will begin to wear if the shop floor
coating is not reapplied.
RECOMMENDATIONS:
Staff recommends approval of the Summit Sealants contract.
CITY MANAGER COMMENTS :
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RESOLUTION # 115
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SUMMIT SEALANTS 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
Streets Department Building CMU wall repair and shop floor sealing, between the
City of Aspen and Summit Sealants, a true and accurate copy of which is attached
hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
$86,443, between the City of Aspen and Summit Sealants, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11th day of October, 2022.
Torre, Mayor
I, Nicole Henning, 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 11th, 2022.
Nicole Henning, City Clerk
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Summit Sealants
2450 N. Townsend Ave
Montrose, Colorado 81401
Phone: 970-240-5971
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: ____________.
AGREEMENT made this 27th day of September, in the year 2022
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
For the Following Project:
Miscellaneous repairs and re-painting to masonry and resealing
shop floor of the Streets Department building.
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
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: 10/11/22
Resolution No.: 115
Exhibit A: Proposal including Scope of Work, Hourly Rates, Estimated Fess & Expenses
$86,443.00
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Agreement Professional Services Page 1
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 1, 2022. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
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Agreement Professional Services Page 2
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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Agreement Professional Services Page 3
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
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shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. “Worker without authorization” means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
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2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program procedures
to undertake pre-employment screening of job applicants while the Public Contract for Services
is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant’s violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
29
Agreement Professional Services Page 8
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. 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 grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. 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 Professional 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 Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. 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.
23. 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.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
30
Agreement Professional Services Page 9
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 Professional 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.
25. 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, Professional 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.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional 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.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.cityofaspen.com/497/Purchasing
Summit Sealants, Inc.
Jacob Holland
Vice President
9/29/22
31
Agreement Professional Services Page 10
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
32
September 19, 2022 Page: 1/4
“At the Top of the Industry in the Western United States for Over 20 Years”
Denver Office
2000 W. Quincy Ave
Englewood, CO 80110
P: 720-389-8633
F: 720-242-9276
Main Office/Accounting
2450 N. Townsend Ave
Montrose, CO 81401
P: 970-240-5971
F: 970-240-0951
Seattle Office
4210 B St NW, Ste A
Auburn, WA 98001
P: 253-243-6172
F: 253-243-6194
In accordance with The City Of Aspen request to perform Misc. repairs at the above-mentioned
property, we are providing our proposal for review and approval. All work will be performed as
directed by the City of Aspen. All materials approved and specified will be installed in accordance
with the manufacturer written recommendations.
Resealing S hop A rea Floor
General Conditions
1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc..
Scope of Work
1) Grind existing floor.
2) Demo/Prep all unsound or spalled concrete. Repair areas with epoxy mortar.
3) Route existing cracks and perform epoxy gravity feed repair.
4) Remove all existing sealants, install MM80 epoxy sealant.
5) Seal concrete with Prosoco Concrete Protector SB.
Total to repair and reseal the shop area floor
$33,162.00
Exterior C MU Repairs
General Conditions
1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc..
September 19, 2022 Email: ben.levenson@aspen.gov
427 Rio Grande Place
Aspen, CO 81611
Re: Streets Department building repairs
33
September 19, 2022 Page: 2/4
“At the Top of the Industry in the Western United States for Over 20 Years”
Denver Office
2000 W. Quincy Ave
Englewood, CO 80110
P: 720-389-8633
F: 720-242-9276
Main Office/Accounting
2450 N. Townsend Ave
Montrose, CO 81401
P: 970-240-5971
F: 970-240-0951
Seattle Office
4210 B St NW, Ste A
Auburn, WA 98001
P: 253-243-6172
F: 253-243-6194
Scope of Work
1) Prep damaged CMU to achieve a suitable sound substrate
2) Patch repair, texture to match existing.
3) Epoxy inject cracks at 2 locations.
4) Paint repair area to match existing.
Total to repair Damaged CMU
$7,425.00
Recoat In terior Walls (Wash Bay )
General Conditions
1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc..
Scope of Work
1) Media blast existing walls
2) Prep and repair minor spalled concrete.
3) Paint/Coat exiting walls with a minimum of two coats.
Total to recoat the interior walls at the wash bay
$26,881.00
Seal West Exterior wall (Wash Bay )
General Conditions
1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc..
Scope of Work
1) Remove any loose/delaminated existing paint.
34
September 19, 2022 Page: 3/4
“At the Top of the Industry in the Western United States for Over 20 Years”
Denver Office
2000 W. Quincy Ave
Englewood, CO 80110
P: 720-389-8633
F: 720-242-9276
Main Office/Accounting
2450 N. Townsend Ave
Montrose, CO 81401
P: 970-240-5971
F: 970-240-0951
Seattle Office
4210 B St NW, Ste A
Auburn, WA 98001
P: 253-243-6172
F: 253-243-6194
2) Remove and install new joint sealant at control joints, doors, and
windows.
3) Wash the existing wall of all debris and achieve a dust-free substrate.
4) Coat the existing wall, color to match the existing dark brown.
Total to seal the west exterior wall at the wash bay
$18,975.00
Please note that pricing would be reduced if all scopes of work mentioned above can run
concurrently under one contract.
The proposed work is to be completed during special working hours M -F, 7:00 am – 3:30 pm.
Payment Terms: “Net 30 Days. Price is valid for 30 days.”
This proposal is proprietary and confidential, intended only for the recipients addressed above.
Payment Terms: “Net 30 Days. Price is valid for 30 days.”
This proposal is proprietary and confidential, intended only for the recipients addressed above.
Due to the rapid change in cost associated with materials and labor Summit Sealants reserves the
right to adjust the pricing accordingly. Pricing is based on current material costs and labor rates.
General Exclusions: Adequate- water, power, sanitation, staging/laydown area, notifying
tenants/public of noise associated with work, landscaping, temporary storage, uninterrupted
access to work location, Removal or replication of any interior furnishings, including window
35
September 19, 2022 Page: 4/4
“At the Top of the Industry in the Western United States for Over 20 Years”
Denver Office
2000 W. Quincy Ave
Englewood, CO 80110
P: 720-389-8633
F: 720-242-9276
Main Office/Accounting
2450 N. Townsend Ave
Montrose, CO 81401
P: 970-240-5971
F: 970-240-0951
Seattle Office
4210 B St NW, Ste A
Auburn, WA 98001
P: 253-243-6172
F: 253-243-6194
treatments and coverings, multiple mobilizations/demobilizations, Fencing,
abatement, Parking, any scope of work outside of what is mentioned in this proposal.
Summit Sealants and Restoration Services Inc. proposal is based on its review of physical onsite
conditions and on our experience in the industry performing similar scopes of work. Should work
reveal hidden problems or defects, changes may be required in the scope of work with additional
costs associated with this new work.
Upon review and approval Summit Sealants and Restoration Services Inc. Will submit all necessary
schedules, mock-ups, samples, technical data sheets etc.
Sincerely,
Summit
Derek Reece
Project Manager
970-901-6698
Derekr@summitsealants.com
36
Streets Department Building Maintenance –Summit Sealants Contract
Page 1 of 2
ROUTING SLIP
Project Information
Project Name Streets Facility Maintenance
Project Number 40111/40005
Capital Project Number
Project Manager Ben Levenson
Department Asset
Estimated Cost $86,443
Budgeted Amount $290,632
Account Codes 000.321.81300.57310.40111/000.321.81300.57310.40005
Project Description
Give clear description of the
project, work to be done, or
items purchased
Resealing on concrete shop area floor.
Repair damaged exterior CMU walls at sand bay and west exterior
wall(wash bay)
Recoat interior wash bay walls
Vendor Selection Process
Describe how vendor was
seleted
Summit sealants was the only vendor that was able to perform all
required work to provide a quote. Gallegos was contacted to provide a
quote but was unresponsive.
Contract Value
Sole Source & State Bid Dept. Head Signature
Procurement Officer Signature
City Attorney Signature
City Manager Signature
Resolution: Meeting Date &
Number
(Required for Contracts
$50,000 +)
37
Streets Department Building Maintenance – Summit Sealants Contract
Page 2 of 2
Contracts Up To $24,999 Dept. Head Signature
City Attorney (Depending on
Contract Template)
Signature
Contracts Over $25,000 to
$49,999
Dept. Head Signature
Procurement Officer Signature
City Attorney Signature
City Manager Signature On Contract Only
Contracts over $50,000 & Up Dept. Head Signature
Procurement Officer Signature
City Attorney Signature
City Manager On Contract Once Vendor Signs &
Council Resolution Adopted
Resolution Date & Number:
Emergency Procurement
In the case of an emergency which threatens the public health, welfare, or safety requiring the
immediate purchase of a supply, service or construction, the City Manager shall have the power to
authorize the Procurement Officer to secure the necessary items or service in the open market without
competition regardless of the amount of expenditure. In no event, shall the contract price exceed
commercially reasonable prices.
Date
Supplier Selected
Contract Amount
Emergency
Conditions/Situation
If over $50,000 Memo to Council Date
Approval Requirements Dept. Head Signature
Procurement Officer Signature
City Attorney Signature
City Manager Signature
38
MEMORANDUM
TO: Mayor and City Council
FROM: Trish Aragon, P.E., City Engineer
Pete Rice, P.E., Deputy City Engineer
THROUGH: Scott Miller, Public Works Director
MEMO DATE: October 11, 2022
RE: Resolution No. 117-2022 Safety in the Core: Stop Sign
REQUEST OF COUNCIL: Staff is requesting approval for the placement of a stop sign
located at the intersection of Hyman Avenue and Galena Street through C.R.S. Section
42-4-105.
SUMMARY AND BACKGROUND: Since early 2021, City staff and Council have
explored options for increasing safety in the downtown core for pedestrians, cyclists, and
vehicles; improving mobility and connectivity; and making the roadway more equitable for
all users.
The initiation of the Galena Cooper Living Lab during the summer of 2022 allowed the
public to test physical changes to the roadway to create a safer downtown core. As the
living lab concluded, Council discussed the opportunity to place a stop sign at Galena
Street and Hyman Avenue to increase safety.
DISCUSSION: The Federal Highway Administration (FHWA) publishes the Manual on
Uniform Traffic Control Devices (MUTCD), which contains all national design, application,
and placement standards for traffic control devices. The purpose of these devices, which
includes signs, signals, and pavement markings, is to promote highway safety, efficiency,
and uniformity so that traffic can move efficiently on the Nation's streets and highways.
Federal, State and local laws required that government agencies use the MUTCD for
determining which traffic control devices to use and how each device may be used.
A stop sign is considered a traffic control device. Section 42-4-105, C.R.S., states that all
traffic control devices placed or maintained by local authorities shall conform to the most
recent edition of the federal MUTCD and the state supplement thereto.
According to Colorado State Statue 42-4-105, cities may establish their own warrants or
modify those suggested by the MUTCD to suit their context. Specifically, local authorities
in their respective jurisdictions shall place and maintain such traffic control devices upon
highways under their jurisdiction as they may deem necessary to indicate and to carry out
the provisions of this article or local traffic ordinances or to regulate, warn, or guide traffic,
subject in the case of state highways to the provisions of sections 42-4-110 and 43-2-
39
135(1)(g), C.R.S. All such traffic control devices shall conform to the state manual and
specifications for statewide uniformity as provided in section 42-4-104.
Council and the public studied the intersection of Galena Street and Hyman Avenue
during the living lab in the summer of 2022. A stop sign was proposed for the southbound
traffic on Galena Street at the intersection, which would create a two way stop. Due to the
high amount of pedestrians crossing Galena Street, a stop sign would reduce the negative
interactions between vehicles and pedestrians at this intersection. Council has the
authority to direct staff to place the stop sign through C.S. 42-4-104.
FINANCIAL IMPACTS: Financial impacts are estimated to be less than $500.
ENVIRONMENTAL IMPACTS: A slight increase in carbon emissions would be expected
with an addition of a stop sign.
ALTERNATIVES:
· Perform a full warrant: Instead of installing the stop sign immediately, the City could
wait and perform a warrant during the summer of 2023 to determine if the
pedestrian volume at this intersection warrants additional stop signs.
· Install alternative measures for Pedestrian Safety: The City could investigate other
alternatives to improve pedestrian interactions at the intersection.
RECOMMENDATIONS: A city may establish their own warrants or modify those
suggested by the MUTCD to suit their context and Council can approve the installation of
an additional stop sign on Galena Street and Hyman Avenue. As a result, it is
recommended that that Council approve Resolution No. 117 of 2022 for placement of a
stop sign to increase the safety of the intersection.
CITY MANAGER COMMENTS:
40
RESOLUTION #117
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADDITIONAL STOP SIGN AT THE
INTERSECTION OF GALENA STREET AND HYMAN AVENUE WITHIN THE
CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a memo outlining the
circumstances at the intersection, 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 installation of an
stop sign at the Galena Street and Hyman Avenue intersection.
RESOLVED, APPROVED AND ADOPTED by the City Council of the City of
Aspen on the 11th day of October 2022.
________________________________
Torre, Mayor
I, Nicole Henning, 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 11, 2022.
________________________________
Nicole Henning, City Clerk
41
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Chism, Business Services Director, Parks & Recreation
THROUGH: Austin Weiss, Parks and Recreation Director
MEETING DATE: October 3, 2022
RE: Contract for Construction approval--Red Brick Sewer Line Repair
REQUEST OF COUNCIL:
The Parks and Recreation Business Services Division is seeking City Council approval for a $96,608.00
Contract for Construction associated with making repairs to the Red Brick Arts Building sanitary sewer
service lines.
SUMMARY / BACKGROUND:
The Red Brick Arts Building has many aging components of building operations infrastructure, including
two sanitary sewer service lines that service the east and west sides of the building. The building has
been subject to repeated sewer line clogs and disruptions, creating negative impacts for the building
occupants and tenants. Through in-pipe camera assessment efforts by the Business Services Facilities
team, a clearer assessment of the sewer line challenges has been established. That assessment
indicates that the sewer service lines are compromised in multiple locations and that repair is required
as soon as possible to avoid a potential emergency repair. A 2022 capital maintenance budget (project
40021) is established for this work to occur.
DISCUSSION:
Business Services selected Stutsman-Gerbaz, Inc. as the vendor for this work under a sole sourcing
agreement. Staff worked closely with Stutsman-Gerbaz, Inc. representatives to establish a
comprehensive scope of work to repair the aged sanitary sewer lines. Stutsman-Gerbaz, Inc. has
successfully completed sewer line repair work within the City of Aspen and has direct experience with
replacement of the sanitary sewer mainline pipe, completed a few years ago for the Aspen
Consolidated Sanitation District (ACSD), located immediately north of the Red Brick building. The
proposed repairs to the Red Brick sewer lines must connect to the sanitary sewer mainline pipe.
Stutsman-Gerbaz, Inc. is available to initiate the proposed work scope by mid-October with the intent
to have the repairs completed before late November 2022.
FINANCIAL/BUDGET IMPACTS:
The procurement for the Red Brick sewer line repairs/maintenance is included in the 2022 General
Fund Capital Maintenance Budget, as project 40021, Red Brick Sewer Maintenance. The Contract for
Construction value of $96,608.00 is within the available 2022 project funding.
42
ENVIRONMENTAL IMPACTS:
The repair of the Red Brick Arts sanitary sewer service lines allows for a fully functional building sewer
system. A building sewer system that is not creating problems for the building occupants and tenants
ultimately eliminates vehicle trips into/out of town for frequent sewer line service calls/cleanouts.
Environmental mitigation resulting from a fully failed sewer service line condition will be avoided.
ALTERNATIVES
Council can choose to not approve the Contract for Construction value that was provided by Stutsman-
Gerbaz, Inc. The condition of the Red Brick building sewer service lines would continue to degrade to a
point of failure and an emergency repair would result, possible to occur sometime in winter 2022-2023.
A wintertime emergency repair to the sanitary service line would ultimately be more disruptive to Red
Brick occupants and tenants as well as become a more costly repair for the City to complete.
STAFF RECOMMENDATIONS:
Staff recommends approval of the Contract for Construction value of $96,608.00 with Stutsman-Gerbaz,
Inc. to allow sewer line repair work to proceed in October following City Council approval.
CITY MANAGER COMMENTS:
43
RESOLUTION #118
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT FOR CONSTRUCTION BETWEEN
THE CITY OF ASPEN AND STUTSMAN-GERBAZ, 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, Inc., a true and
accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
Construction between the City of Aspen and Stutsman-Gerbaz, Inc., a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
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 11th day of October 2022.
Torre, Mayor
I, Nicole Henning, 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 11th, 2022.
Nicole Henning, City Clerk
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60
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Amy Simon, Planning Director
MEMO DATE: October 3, 2022
MEETING DATE: October 11, 2022
RE: Notice of Call Up, HPC approval for 312 W. Hyman– Conceptual Major Development
APPLICANT:
POWDERDAYSKIING, LLC
REPRESENTATIVE:
Jeffrey Woodruff, AIA, Cloud
Hill Design
LOCATION:
Street Address:
312 W. Hyman
Legal Description:
Lots P&Q, Block 46, City and
Townsite of Aspen, Colorado
Parcel Identification:
PID# 2735-124-64-006
CURRENT ZONING & USE:
R-6 (Moderate-Density
Residential); Single-family
home
PROPOSED ZONING & USE:
No change.
PROCESS SUMMARY: Certain land use approvals granted by HPC
or P&Z require that Council be notified of the decision through a brief
staff summary. The notification is not a public hearing and no applicant
presentation or public comment has been accepted in the past. During
the Call Up Notice, City Council may uphold the HPC or P&Z decision.
Alternatively, Council may request more detailed information be
provided through a presentation by staff and the applicant at a future
meeting. After hearing the additional project description, Council may
uphold the boards’ decision or may remand it to require
reconsideration of specific issues at a new public hearing. HPC’s or
P&Z’s decision on remand shall be final.
BACKGROUND: 312 W. Hyman is a property containing a Chalet
style home built in 1956. The City of Aspen purchased the property
in 2007 and volunteered landmark designation to prevent the
demolition of the resource. In 2021, the lot was returned to private
ownership and the new owner has proposed a small rear addition, a
detached single car garage, and minor changes to fenestration. HPC
granted Conceptual design approval and setback variations on April
27, 2022.
Unfortunately, through
a staff error, the
project proceeded to
Final review and was
approved on July 27,
2022 without Notice of
Call Up having been
provided to Council, as
required by the
Municipal Code. Staff
is now seeking to
correct the mistake.
312 W. Hyman
61
STAFF RECOMMENDATION: The Historic Preservation Commission (HPC) first reviewed the subject
application for Conceptual Development on January 26th, 2022. HPC continued the project for redesign,
finding that guidelines were not adequately met, particularly due to the fact that the proposed rear addition
wrapped around one side of the home. This design increased its visibility and caused undesirable
alterations to the resource. The applicant returned to HPC with a revised design that reduced the addition
and simplified the form.
With Staff’s support, HPC granted approval with several conditions that were to be satisfied for Final
review, including further development of preservation plans and stormwater management. A side yard
setback reduction for the addition was allowed, because reconfiguring it to tuck behind the historic home’s
angled positioning on the property necessitated an encroachment into the west setback. No floor area
bonus was approved, and, in fact, the project is approximately 1,000 square feet below the maximum
allowable floor area. HPC granted Conceptual by 6-0, with a new member abstaining from voting.
Staff recommends City Council uphold HPC’s decision. As noted, Final review proceeded erroneously
before Notice of Call Up and was approved by a vote of 4 to 0 on July 27, 2022. Assuming that Council
does not move to Call Up the Conceptual approval, Final approval will remain in effect as well.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: N/A
RECOMMENDATION:
Staff recommends Council uphold HPC’s decision.
Alternative Motion for Call-up
“I move to call-up HPC’s approval for 312 W. Hyman, Conceptual Major Development.
CITY MANAGER COMMENTS:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________.
EXHIBITS:
A – HPC memo, April 27, 2022
B – HPC approved plans
C – HPC meeting minutes, April 27, 2022
D – HPC Resolution #6, Series of 2022
62
Page 1 of 6
437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
132
Memorandum
TO: Aspen Historic Preservation Commission
FROM: Natalie Feinberg Lopez, Historic Preservation Officer
THROUGH: Natalie Feinberg Lopez, Historic Preservation
MEETING DATE: April 27 2022
RE: 312 W Hyman Ave – Conceptual Major Development,
PUBLIC HEARING
APPLICANT /OWNER:
POWEDERDAYSKIING LLC
REPRESENTATIVE: JEFFREY WOODRUFF
LOCATION:
Street Address:
312 W Hyman Ave
Legal Description:
Block: 46 Lot: P AND: - Lot: Q,
City and Townsite of Aspen,
Colorado
Parcel Identification Number:
PID# 2735-124-64-006
CURRENT ZONING & USE
R-6 (Moderate-Density
Residential); Single-family home
PROPOSED ZONING & USE:
No change
SUMMARY: 312 W Hyman Ave is a 6000 sf lot located int he R-6
zone district, with a property that is landmarked for its early
Chalet style single family home, relatively unaltered since
construction in 1956. Proposed changes include a small
addition at the back NE corner, three skylight additions,
changes to the existing garage doors covering new glass
sliders, a small change in the exterior stair location, and a new
small single car detached garage at the back.
STAFF RECOMMENDATION: Staff supports and commends the size of
the project and the attention to energy efficiency and recommends
the project as it meets the requests provided for restudy and the
City of Aspen Design Guidel ines for a designated landmarked
structure. Staff recommends approval.
Site Locator Map – 312 W Hyman
312
63
Page 2 of 6
437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
BACKGROUND:
312 West Hyman is a designated Aspen
Modern landmark located on a 6,000 sf lot in
the R-6 zone district. The house is a classic
Chalet style building, completed in 1956 and
locally designated in 2006. The historic
orientation of the structure is not square to the
property lines but is angled to face Aspen
Mountain. The site includes several large pine
and spruce trees of note surrounding this
property. Julius Herman Birlauf, a Swiss-born
immigrant, assisted his daughter, Genevieve
Birlauf Leininger, with the construction that
was inspired by both Swiss and Bavarian
architectural styles found in small mountain
towns of the Alps. Archives include an
extensive family photo collection of the
phases of construction, interiors, and family
gatherings on the front porch. Family letters
describe influences for construction, and the
network of family and friends in Aspen while
located at the house, underlining the house
and family as important components of the
heritage of Aspen.
The original home is an excellent example of
Chalet style architecture associated with
early ski areas and mountain tourist
locations around the world. Common
architectural features include a simple, low
pitched roof with large overhangs, a
rectangular footprint, small horizontal
windows, and a large balcony that runs
along the length of the façade. Often first
floor has less detail, the main entrance on a
secondary elevation, and a white stucco
finish, with the main living area on the
second floor. Post War construction of the
style often added large picture window(s) in
limited locations, a variation from the
traditional style found in the Alps. The
exterior will often have decorative shutters,
fascia, and porch railings in the shape of
hearts or edelweiss motifs, which can be
found at the 312 West Hyman, and is part of
the character that adds to its landmarked
status.
Fig 1: Historic image of 312 W Hyman. This image is one
phase after the period of original construction, with the first
remodel. Alterations include the addition of small windows
on the East elevation at the first floor, a character defining
feature. c 1958
Fig.2: Recent image of 312 W Hyman, note nothing has
been altered on this elevation. 04/2019
When the owner of 312 W Hyman proposed demolition of
important property, it was purchased by the City of Aspen
and designated historic to protect a culturally significant
resource. After many years of the house serving the
residential needs of City employees, it was sold to the
current owner.
64
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437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC)
The Applicant is requesting the following land use approvals:
•Major Development (Section 26.415.070.D) to add small additions to the main structure of
the historic home and construct a new addition to the rear of the property. .
The Historic Preservation Commission (HPC) is the final review authority; however, this project is
subject to Call-up Notice by City Council.
PROJECT SUMMARY:
The applicant proposes:
1.Two-story addition at the NE corner proposed as additional living space, tucked under the
existing eaves.
2.New glass sliders at each of the garage door openings, while keeping the garage doors intact as
a type of privacy door/shutter on the South elevation.
3. Existing attic vent on the South elevation will be changed to a small window, as the current
ceiling will be removed to allow for the existing roof trusses to be exposed.
4.3 new flush-mounted skylights to be added
5.Move the exterior stairs on the East elevation by approximately 4 feet to accommodate usable
living space for bedroom 3 on the interior.
STAFF COMMENTS:
Staff strongly supports the redesign of the current plan including minimal alterations to the
landmarked structure, without moving the resource or creating an extensive addition, while
proposing to reduce energy consumption and making an energy efficient home. Staff also
supports the small garage designed to meet setback requirements and minimal tree removal.
The redesigned project respects the historic landmark by maintaining all original window
penetrations, historic shutters, landscape features, and location of the small addition at the NE
corner. Two elements of the proposed project are not consistent with typical design guideline
recommendations, but add significantly to allowing the project to remain on the current footprint
without relocation, as well as allowing for addition daylighting and energy savings. Staff would
support discussion related to window restoration and replacement as part of final review. Staff
recommends approval.
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437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
Staff recommends HPC further discuss the following topic in more detail.
1.Historic Landmark –Restoration and Alterations:
A preservation plan will be required for the restoration of the historic resource outlining the
existing conditions and the proposed treatments. Staff fully supports the restoration of
the historic resource and the removal of non-historic materials, such as the non-historic
double door front entrance.
Staff supports the restoration and rehabilitation of missing and changed elements.
2.New Garage Addition – Form, Materials and Fenestration: The proposed new addition is
small, detached and significantly setback from the house while remaining within the
required setbacks. The new addition has a minimal footprint and is one story, allowing the
main house to remain the important structures from all vantage points. Additional information
regarding materials to be reviewed during Final Review for compatibility, but currently appear
to meet design guidelines.
Staff finds the overall design of the new garage addition meets the relevant Historic
Preservation Design Guidelines.
3.Site Planning and Parking: The proposed site planning respects the underlying zoning
requirements for front, all side yard and rear setbacks, however the original structure is
non-conforming for the required combined side yard setbacks due to the placement on the
lot. Zoning has requested an exemption for the combined side yard setback. Engineering
accepts the historic driveway, and Right of Way compliance. Previous requests for a
sidewalk have been determined by parks to be detrimental to the large spruce tree located at
the SW corner of the lot, and is no longer required. According to the Municipal Land Use
Code, all residential dwelling units must provide two code compliant on-site parking spaces,
as this plan does with one in the proposed garage addition, and ample additional parking on
the current driveway. A new landscape plan shows the driveway with different materials, that
will still allow for the parking requirements.
Staff supports the location of the new garage addition, it addresses all referral
comments as requested.
REFERRAL COMMENTS:
The application was referred out to other City departments who have requirements that will
significantly affect the permit review. Please see Exhibit B for full comments.
Engineering Department:
1. All concerns have been addressed
66
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437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
Parks Department:
Tree protection measures will be required at the driplines of trees and no activity whatsoever
is allowed within this area without the express written consent of the City Forester or
his designee. All concerns have been addressed by the applicant, with multiple on site
reviews between Parks, HPC and the Applicant team.
Zoning Department:
1.All concerns have been addressed.
Building Department:
1. All concerns have been addressed.
RECOMMENDATION:
Staff recommends approval.
ATTACHMENTS:
Resolution # (5), Series of 2022
Exhibit A – Historic Preservation Design Guidelines Criteria / Staff Findings
Exhibit B – Referral Comments
Exhibit C.1 – Application
Exhibit C.2 – Application Plans
Exhibit C.3 – Home Energy Assessment
Exhibit C.4 – Forestry_Conceptual
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68
SHEET TITLE
INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 13
A101
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Architectural Site Plan
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
1,210.5 sq ft
A
A
B
B
C
C
D
D
E
E
4 4
3 3
2 2
1 1
1.55
5
'
2.40
6
'
5.0
1
1
'
11.6
8
'
8.167'10.167'10'4.25'
9'
11
.
7
4
9
'
19
.
2
5
'
5.00
1
'
11
.
3
1
3
'
308 sq ft
Proposed fence at the 5' side
setback and 5' rear setback,
lined on the South with shrubs,
see landscaping plan
St Moritz
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#
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790
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10'
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SCALE: 1/8" = 1'-0"
1 Architectural Site Plan
A101
69
SHEET TITLE
INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 14
A102
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Architectural Site
Drainage Plan
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
A
A
B
B
C
C
D
D
E
E
4 4
3 3
2 2
1 1
100'
100'
1
A301
2
A301
4
Z004
2
A210
1
A211
3
A211
4
A211
#DrgID
#LayID
potential tree removal (2) to NW
trees protected (3) to NE
Plaster covered
CMU wall with two
layers of 5/8" Type
X Gypsum,
1 hour fire wall
Garage and
enclosure meet rear
and side setbacks.
Existing rail ties are
not plumb. Avoid
current hazard.
UP
bedroom #2
bathe #3
mechanical
boot
c
u
b
b
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trash
&
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c
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c
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u
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bathe #2
buried dry-
well, storm
water run-off
onsite
collection
new perf-
pipe
surrounding
single car
garage
disturbance,
drains to dry
well in the
North-East of
the lot
provide tree protection zone
(TPZ) for existing trees to
the North East of the site
closet
boot
c
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s
& be
n
c
h
bedroom #3
main entry
heat pumps (2)electric meters (2)gas & radon egress
egress egress
entry/mud
w/d
garden storage
1
A300
2
A300
1
A200
2
A2002
Z003
N
SCALE: 1/8" = 1'-0"
1 Site Plan Draft Drainage
A102
70
SHEET TITLE
INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 15
A103
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Main Level Proposed
Plan
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
A B C D E
4 4
3 3
2 2
1 1
16'-4
5
/
8
"
20
'
-
4
"
8'-2
1
7
/
6
4
"
43
'
-
0
9
/
6
4
"
32'-7"
23
'
-
9
3
/
8
"
16
'
-
2
2
1
/
3
2
"
1'-6
2
1
/
3
2
"
2'-4
7
/
8
"
5'-
0
1
/
8
"
11'-8
5
/
3
2
"
8'-2"10'-2"10'-0"4'-3"
9'
-
0
"
11
'
-
9
"
19
'
-
3
"
100'
100'
1
A301
2
A301
4
Z004
2
A210
1
A211
3
A211
4
A211
potential tree removal (2) to NW
trees protected (3) to NE
Plaster covered
CMU wall with two
layers of 5/8" Type
X Gypsum,
1 hour fire wall
Garage and
enclosure meet rear
and side setbacks.
Existing rail ties are
not plumb. Avoid
current hazard.
Proposed fence at the 5' side
setback and 5' rear setback,
lined on the South with shrubs,
see landscaping plan
St Moritz
R
e
t
a
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w
a
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(
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x
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t
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and under
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a
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a
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i
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)
UP
bedroom #2
bathe #3
mechanical
boot
c
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b
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s
trash
&
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c
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c
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u
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bathe #2
closet
boot
c
u
b
b
i
e
s
& be
n
c
h
bedroom #3
main entry
heat pumps (2)
electric meters (2)
gas & radon
egress
egress egress
entry/mud
w/d
garden storage
Grav
e
l
o
f
f
alley
1
A300
2
A300
1
A200
2
A200
2
Z003
N
SCALE: 1/4" = 1'-0"
1 First Floor
A103
71
SHEET TITLE
INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 16
A104
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Second Level Proposed
Plan
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
A
A
B
B
C
C
D
D
E
E
4 4
3 3
2 2
1 1
F
DW
RE
F
1
A301
2
A301
4
Z004
2
A210
9'-3"
9'-3"
1
A300
2
A300
1
A200
2
A200
2
Z003
kitchen
bathe #1
living room
down
deck
deck
fireplace
bedroom 1
cl
o
s
e
t
egress
down
N
SCALE: 1/4" = 1'-0"
1 Second Floor
A104
72
SHEET TITLE
INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
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SHEET 17
A105
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Roof Plan Proposed
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22W
9
8
N
6'-0"
3'-6"
Si
l
l
1
'
-
3
3
9
/
6
4
"
W
9
9
N
6'-0"
3'-6"
Si
l
l
1
'
-
3
3
9
/
6
4
"
W
1
0
0
N
6'-0"
3'-6"
Si
l
l
1
'
-
3
3
9
/
6
4
"
A B C D E
4 4
3 3
2 2
1 1
1' Overhang, typ.
Protected entry
Solar as per onsite Energy Requirements
4:12
4:12
3.5:12 3.5:12
3.5:12 3.5:12
N
SCALE: 1/4" = 1'-0"
1 Roof Plan
A105
Note:
Today this is a cold roof with attic vents. The
current attic vents and screens are in disrepair
(upon viewing from the attic)
We are proposing removing the dropped ceiling,
removing the attic vents and exposing the rafters,
adding insulation and updating the light and vent in
a Chalet style.
The only exterior change, will be converting the
attic vents to the same size rough opening, but
installing hopper fenestration for light and vent.
U-Value for horizontal fenestration = .50 as per
IECC 2021
73
SHEET TITLE
INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 18
A106
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Main Level Existing Plan
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
41 sq ft
A
A
B
B
C
C
D
D
E
E
4 4
3 3
2 2
1 1
W/D W/D
6'-10"
3
Z003
2
Z004
3
Z004
2
A204
KITCHEN BATHROOM BEDROOM
LIVING ROOM
F.P.
STORAGE
BEDROOM
CLOSET
STORAGE GARAGE
MECHANICAL
STORAGE GARAGE
UP
N
SCALE: 1/4" = 1'-0"
1 First Floor Existing
A106
74
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INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 19
A107
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Second Level Existing
Plan
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
A
A
B
B
C
C
D
D
E
E
4 4
3 3
2 2
1 1
3
Z003
2
Z004
3
Z004
2
A204
11'-5 1/16"
KITCHEN BATH BEDROOM
LIVING ROOM
F.P.
BEDROOM
CLOSET
DOWN
DOWN
N
SCALE: 1/4" = 1'-0"
1 Second Floor Existing
A107
75
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INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
COPYRIGHT:
SHEET 20
A108
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Roof Plan Existing
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
A
A
B
B
C
C
D
D
E
E
4 4
3 3
2 2
1 1
3
Z003
2
Z004
3
Z004
2
A204
3.5:12 3.5:12
3.5:12 3.5:12
SCALE: 1/4" = 1'-0"
1 Roof Existing
A108
76
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INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
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SHEET 21
A200
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Elevations Proposed
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
New Wood
Existing Wood
New CMU
Existing Wood
Existing Synthetic
Treads
±0"
1 First Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
Existing Wood
Existing CMU New CMU
New Wood Balcony
Existing
Standing Seam
New Wood
New WoodNew Stucco
New Skylights
New Masonry
New CMU New Storage
SCALE: 1/4" = 1'-0"
1 North Elevation
A200
SCALE: 1/4" = 1'-0"
2 East Elevation
A200
77
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INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
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SHEET 22
A201
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Elevations Proposed
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
Existing CMU
Existing Wood
Eave Triangular Fenestration,
As per revised guidance
±0"
1 First Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
22'-1 5/16"
23'-10"
25'-0"
12'-0 15/32"
Existing WoodNew Wood
Existing
Opening
Existing Wood
Existing CMU Existing CMU
New Stucco
New Standing
Seam
SCALE: 1/4" = 1'-0"
1 South Elevation
A201
SCALE: 1/4" = 1'-0"
2 West Elevation
A201
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MODEL FILE:
DRAWN BY:
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Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Existing Elevations
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
SCALE: 1/4" = 1'-0"
1 Existing North Elevation
A203
SCALE: 1/4" = 1'-0"
2 Existing East Elevation
A203
SCALE: 1:0.33
3 312wHyman_WEB303
A203
SCALE: 1:0.33
4 312wHyman_WEB304
A203
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MODEL FILE:
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Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Existing Elevations
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
18'-3 1
/
2
"
19'-7 1/16"
19
'
-
7
1
/
1
6
"
25'-0"Existing Grade (Most Restrictive)
1 2 3 4
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
SCALE: 1/4" = 1'-0"
1 Existing South Elevation
A204
SCALE: 1/4" = 1'-0"
2 Existing West Elevation
A204
SCALE: 1:0.27
3 312wHyman_WEB301
A204
SCALE: 1:0.26
4 312wHyman_WEB302
A204
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INTEGRATED DESIGN TEAM
PROJECT NO:
MODEL FILE:
DRAWN BY:
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SHEET 26
A211
Jeffrey H Woodruff
312_W_Hyman_04272022.pln
Project No. 116
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Powder Day Skiiing, LLC, David A
Tarrab Mees
Garage Elevations
312 W Hyman Ave
312 W Hyman Ave Lots P+Q,
Block 46 Aspen CO 81611 USA/
Pitkin County UGB, City of Aspen
312 W Hyman Ave Aspen CO
81611 USA
Account # R000145
Parcel ID # 273512464006
Landscape Architect
Jennifer M. Dolecki-Smith, RLA
Escape Garden Design, LLC
Interior Design
Travis Terry
Travis Terry Design
Contractor (At Final)
Structural Engineer (As per contractor)
Civil Grading and Drainage
Boundaries Unlimited (Preliminary)
COA- HPO Site Visit08/22/21
Jeffrey H. Woodruff
AIA, LEED AP
Cloud Hill Design, LLC
Snowmass Snowmass CO
81654 USA
COA- HPC Conceptual02/26/22
COA- HPC Conceptual04/27/22
±0"
1 First Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
±0"
1 First Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
6'
-
0
"
31'-4 13/64"
New 6" WoodNew Stucco
±0"
1 First Floor
±0"
1 First Floor
+9'-3"
2 Second Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
+18'-3"
3 Roof
±0"
1 First Floor
+9'-3"
2 Second Floor
+18'-3"
3 Roof
SCALE: 1/4" = 1'-0"
1 Garage Elevation North
A211
SCALE: 1/4" = 1'-0"
2 Garage South Elevation
A211
SCALE: 1/4" = 1'-0"
3 East Elevation
A211
SCALE: 1/4" = 1'-0"
4 West Elevation
A211
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SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022
DISCLOSURE OF CONFLICTS OF INTEREST: None.
PROJECT MONITORING: None.
STAFF COMMENTS: Ms. Johnson mentioned that there were a number of outreach opportunities
surrounding the Moratorium if any board members would be interested in participating.
Ms. Thompson asked if anything had come of the lighting meetings that had occurred. Ms. Feinberg
Lopez described the two meetings she had attended.
Mr. Fornell asked if there had been any resolution regarding the project monitoring matter at 930 King
St. Ms. Feinberg Lopez said that it was a project of Sarah Yoon and she was not completely up to date
but thought it was still in process. There was some discussion on the project.
CERTIFICATE OF NO NEGATIVE EFFECT: None.
CALL UP REPORTS: None.
SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice and that
notice was provided per the code for the agenda item.
OLD BUSINESS:
312 W. Hyman – Conceptual Review and Setback Variations
Applicant Presentation: Jeffrey Woodruff - Cloud Hill Design / David Tarrab – Applicant
Mr. Woodruff stated that they went back and reviewed the Historic Preservation Guidelines and the
packet provided City Council for the original historic designation noting the key physical attributes of the
resource. He then showed some similar chalet style examples that they are using as reference and
historic pictures of the existing chalet. He described some of the interior features they are planning on,
referencing some interior pictures of the chalet and showed some newspaper clippings from the time
the chalet was built. He showed what they had proposed in January and mentioned that the
Commission had requested the applicant team go back and restudy each of the façades and the
fenestration. He also mentioned that the Commission didn’t have much issue with the garage/bedroom
conversion and that they had spent a lot of time with Parks and Forestry. He went over some changes
made to the façades and upper and lower levels by showing the existing and proposed plans. He then
showed the updated renderings highlighting that the proposed south elevation is exactly what the
existing chalet looks like currently including the garage doors. The only modification is on the window
under the eave. The west façade, a previous concern to the Commission, is virtually unchanged from
existing conditions. He then went over each façade comparing the existing and proposed side by side.
Next, he described some of the energy efficiency studies that they conducted with a consultant from
CORE and the proposed lighting options. The placement of the one car garage in the rear was then
discussed in regard to the layout of the existing trees on the site and potential setbacks. Other
landscaping ideas were also described.
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SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022
Ms. Sanzone asked if the civil site grading and drainage sheet was existing or proposed. Mr. Woodruff
said it was basically existing. There was some discussion on the placement of drywells in the back of the
property in relations to existing trees. Ms. Sanzone then asked if the existing transformer was adequate
to serve the house. Mr. Woodruff said it may need to be upgraded because of the planned renewable
energy aspects of remodel.
Mr. Fornell asked about the visibility of the skylights from the street and how they plan to be in
compliance with the lighting code for them. Mr. Woodruff said they had reduced the total skylights from
six to three and if the Commission would like them shaded, they could do that.
Mr. Halferty asked about the south elevation and the existing vent under the eave. Mr. Woodruff said
the proposal is for either a hopper or an awning, but that the rough opening would be the same. Mr.
Halferty then asked if they are proposing to rebuild the existing chimney in the same place. Mr.
Woodruff said no and that they are proposing to relocate it to the middle of the new living room. They
then discussed the retaining wall on the west side of the lot.
Ms. Thompson asked if they had spoken with engineering about the front driveway. Mr. Woodruff said
yes. Potential sidewalks and curb cuts were then discussed. Mr. Fornell wanted to confirm that
Engineering did not have an issue with the south curb cut on Hyman. Ms. Feinberg Lopez said they did
not.
Staff Presentation: Natalie Feinberg Lopez - Principal Planner Historic Preservation
Ms. Feinberg Lopez started her presentation by showing the existing location and conditions. She then
went over some of the previously proposed changes and described the current modifications to those
changes. She wanted the Commission to discuss the new proposed skylights and the relocating the
exterior stairs which will result in an increase of the deck space. Both are usually not allowed per the
guidelines. She said she is inclined to agree with both of those items. She then went over other
proposals and staff recommendations. Variances were then reviewed, referencing the site plan as to the
placement of the garage in the rear. She stressed the amount of time spent with Parks regarding the
preservation of the main trees on the lot. She asked that the lighting and drainage plans be postponed
to final review. She stated that staff recommends approval for this application and went over some
details of this recommendation.
Mr. Halferty commented on the addition on the north side and that historically eave overhangs are
larger than what is proposed. He asked if staff found any issues with the minimal overhang with relation
to the wall of the addition. Ms. Feinberg Lopez said there was significant discussion on this, but if the
addition doesn’t get tucked under the eave, then there would be a change in the roof. In maintaining
the south and west elevations, the north side was all they had to work with. She also mentioned that
from the street you can’t see any of the addition on the north side. Mr. Halferty also asked about the
proposed landscape plan where the driveway meets the building and whether staff had any comment
on the density of the hedges and the border they create that is not typical of the chalet style. Ms.
Feinberg Lopez said since it was removable it could be reversed at any time and could be part of the
landscape discussion at final. Mr. Halferty then asked about any staff comments on the proposed
chimney placement since it wasn’t typical of the chalet style. Ms. Feinberg Lopez said it would be her
preference to keep it in its current location, but the existing chimney and fireplace system is not at all
within the energy efficiency standards that are proposed.
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SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022
Ms. Surfas asked about the flat skylights and day lighting. Ms. Feinberg Lopez said that normally new
roof penetrations are not allowed, but since it’s a flat roof you will not be able to see them. She also
noted the skylights will add to the energy efficiency of the building, but that doesn’t mean they have to
move forward with them as they go against the guidelines.
Mr. Fornell asked if the board had any say on the interior design, in relation to the rafters. Ms. Feinberg
Lopez said no.
PUBLIC COMMENT: None.
BOARD DISCUSSION:
Ms. Thompson said that since they had already seen and discussed this project that they didn’t have
much to discuss. She was in support of the skylights seeing as the applicant had removed the triangle
windows from the south façade and she was appreciative of the reduction of the number of skylights.
She also appreciated the removal of the addition on the west side and thought the new proposed
addition was in the appropriate location. She agreed with the stair adjustment. She appreciated the
effort and cooperation that had been done with the Parks department. She believed the approach being
taken with respect to the driveway and rear garage to satisfy the two parking spaces was appropriate.
Her only comment was about the proposed chimney but thought it could go to final review. She asked if
more detail and study of the terminus and scale of the chimney could be presented at final.
Ms. Sanzone supported all of Ms. Thompson’s comments but did have concerns of the drainage plan.
She recommended a condition of approval be that what is brought back at final does not further impact
the trees that are trying to be saved. She also had concerns of the utility run and if it needed to be
upgraded which may further impact the trees. She commented on the potential of the fence’s impacts
on the shrub plantings but appreciated the species that were selected.
Mr. Halferty thanked the whole team and agreed with comments from Ms. Thompson and Ms. Sanzone
regarding the alterations and design for conceptual approval. He had reservations of the overhang eave
but appreciated the removal of the addition on the more prominent west side. He thanked the applicant
for working with the forester and Parks on the location of the garage. He thought the change under the
eave from a vent to a window, as long as it was the same scale, could be up to staff and monitor. As for
the skylights, he had some resistance from a consistency standpoint, but understood why it works on
this and appreciated them pushing them back. He thought the changes to the staircase on the east side
were allowable. He then went over a few other items that would be discussed further at final. He
commented that the chimney is not typical for the style of architecture and would like to see more
detail on how this will look but was not a fan of it being on center.
Mr. Fornell wanted to note that the neighbors all sit at higher elevations than this building. He
appreciated the reduction in skylights but wanted to recommend a condition of approval to include
shading of the skylights.
Mr. Moyer agreed with the skylights and stair adjustment and other comments made by fellow
commissioners. He had no additional comments.
Ms. Surfas was ok with the skylights but agreed with the shading. She also wanted to see more details
on the chimney and thought it was a bit odd being right in the center.
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SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022
Ms. Johnson mentioned that the Resolution provided should be #6 and that there are some standard
conditions of approval for major conceptual development that may want to be considered as additions
to this Resolution if they are planning on approving it. She went over these in some detail.
MOTION: Ms. Thompson moved to approve Resolution #6 with the following conditions. #1 - to provide
details and final location of proposed drain basins making sure they do not conflict with trees that are
being preserved. #2 - to provide a detailed roof plan. #3 - to provide a detailed preservation plan. #4 – to
provide detailed information on the proposed chimney at final review. #5 – development application for
the final development plan shall be submitted within one year from conceptual approval. #6 – shading
be provided at skylight locations. #7 – details on the garage overhangs and window elements be
provided at final review. #8 – information be provided on the window layouts and proportions for all
new windows. #9 – a 7’ 9” combined side yard setback variance is granted for the property.
Ms. Sanzone asked for an amendment to condition #1 to include other site utilities and not just
drainage. Ms. Thompson said yes. Ms. Sanzone also asked that the drainage design be compliant with
the guidelines. She also asked to amend conditions #2 to include all other roof penetrations.
Mr. Halferty seconded the amended motion. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms.
Sanzone, yes; Ms. Surfas, yes; Ms. Pitchford, abstain; Mr. Halferty, yes; Ms. Thompson, yes. 6-0, with
member one abstaining. Motion passes.
ADJOURN: Ms. Thompson motioned to adjourn. Mr. Halferty seconded. All in favor; motion passed.
Mike Sear, Deputy City Clerk
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RESOLUTION #6, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW AND SETBACK
VARIATIONS FOR THE PROPERTY LOCATED AT 312 W HYMAN AVE BLOCK 46,
LOT P AND LOT: Q, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-64-006
WHEREAS, the applicant, POWEDERDAYSKIING LLC, represented by Jeffrey Woodruff of
Cloud Hill Design LLC, has requested HPC approval for Conceptual Major Development and
Setback Variation for the property located at 312 W. Hyman, Block 46, Lot P and Lot Q, City
and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. As a
historic landmark, the site is exempt from Residential Design Standards review. The HPC may
approve, disapprove, approve with conditions or continue the application to obtain additional
information necessary to make a decision to approve or deny; and
WHEREAS, for approval of Setback Variations, the applicant shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Setback Variations; and
WHEREAS, Community Development Department staff reviewed the application
for compliance with applicable review standards and recommends approval with conditions; and
WHEREAS, HPC reviewed the project on January 26, and April 26, 2022. HPC considered the
application, the staff memo and public comment, and found the proposal consistent with the
review standards and granted approval with conditions by a unanimous vote of 7-0.
NOW, THEREFORE, BE IT RESOLVED:
Development, and Setback Variations for 312 W
Townsite of Aspen, CO as follows:
I (IIIII llll' l IIIIIIII lull IIIII IIIII I III II I III III IIIII IIIII IIII IIIII IIII
RECEPTION#: 689025, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 07/18/2022 at 02:36:02 PM
Ingrid K. Grueter, Pitkin County, CO
That HPC hereby approves Conceptual Major
Hyman, Block 46, Lot P and - Lot: Q, City and
HPC Resolution #6, Series of 2022
Pagel of 3
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Section 1: Conceptual Maior Development, and Setback Variations.
HPC hereby approves Conceptual Major Development and Setback Variations with the following
conditions:
1. Provide detailed drainage, utility, and landscape plans including final location of the
proposed drain basins, and relationship of the utility paths to the trees and driplines to
demonstrate that they do not conflict with remaining trees and hedges. Applicant will need
to continue to work with all relevant City Departments regarding stormwater mitigation and
site drainage.
2. Provide a detailed Roof Plan demonstrating location of gutters downspouts snow clips,
vents, mechanical, and all other roof penetrations for Final Review.
3. Provide a detailed Preservation Plan including documentation of existing conditions and
investigation of historic materials, and proposed restoration/treatments. This document
will first be reviewed by staff and monitor prior to building permit submission but will be
considered an iterative document that helps guide restoration efforts.
4. Provide specifications for the chimney, including height, location and all other details to
staff and monitor prior to Final Review, and are also subject to review at Final Review
5. All skylights shall have sufficient shading to eliminate light pollution to other neighboring
properties.
6. Provide details on the garage overhangs and window elements for Final Review.
7. Provide details and a plan for all new window layouts and proportions for all new windows
to be reviewed for context and consistency with the existing windows on the main residence
at Final Review.
8. The proposed combined side yard setback variance of 7.9' is granted for the property to
accommodate the location of the non -conforming historic structure, and will not be allowed
to accommodate any other structures.
9. A development application for a Final Development Plan shall be submitted within one (1)
year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of the Conceptual
Development Plan. The Historic Preservation Commission may, at its sole discretion and
for good cause shown, grant a one-time extension of the expiration date for a Conceptual
Development Plan approval for up to six (6) months provided a request for extension is
received no less than thirty (30) days prior to the expiration date.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department, the Historic Preservation Commission, or the
Aspen City Council are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by other specific conditions or
an authorized authority.
HPC Resolution #6, Series of 2022
Page 2 of 3
87
Section 3: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY THE COMMISSION at its regular meeting on the 27th day of April, 2022.
Approved as to Form: Approved as to Content:
Kat arine Jahn .Assistant City Attorney Kra hompson, Chair
ATTEST:
Michael Sear, Deputy City Clerk
HPC Resolution #6, Series of 2022
Page 3 of 3
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Elected Officials Transportation Committee (EOTC)
Thursday, October 27, 2022 - 4:00pm
Location – City of Aspen Council Meeting Room
Host and Chair – City of Aspen
EOTC Background, Documents, and Packet Materials may be found here:
https://pitkincounty.com/1322/Elected-Officials-Transportation-Committ
EOTC Vision: We envision the Roaring Fork Valley as the embodiment of a sustainable transportation
system emphasizing mass transit and mobility that contributes to the happiness and wellbeing of
residents and visitors.
EOTC Mission: Work collectively to reduce and manage the volume of vehicles on the road and
parking system and continue to develop and support a comprehensive multimodal, long-range strategy
that will insure a convenient, equitable and efficient transportation system for the Roaring Fork Valley.
Summary of State Statute and Ballot Requirements: The 0.5% County Transit Sales and Use Tax
shall be used for the purpose of financing, constructing, operating and managing a public, fixed route
mass transportation system within the Roaring Fork Valley.
Public Comment Instructions:
This hybrid virtual / in person EOTC meeting will be broadcast on grassroots TV and available for
viewing at www.cityofaspen.com. Please use the login information below to participate virtually or you
may participate in person at 427 Rio Grande Place, Aspen.
Join from a PC, Mac, iPad, iPhone or Android device:
Please click this URL to join.
https://us06web.zoom.us/j/83919941069?pwd=UzVKMVhFVWJsUFVqL1V3aEFtUGhlZz09
Passcode: 81611
Description: Hosted by the City of Aspen
Or join by phone:
Dial: US: +1 346 248 7799
Webinar ID: 839 1994 1069
Passcode: 81611
International numbers available: https://us06web.zoom.us/u/kew3uoFEAu
89
I. 4:00 – 4:05 CALL TO ORDER AND ROLL CALL
(Conducted by Meeting Host Chair, Roll Call by Jurisdiction)
II.4:05 – 4:10 APPROVAL OF May 26, 2022 ACTION MINUTES
(Motion, Second, and Roll Call Vote by Jurisdiction)
III.4:10 - 4:20 PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
(Comments limited to three minutes per person)
IV. 4:20 - 4:30 EOTC COMMITTEE MEMBER UPDATES
V. 4:30 – 5:30 PUBLIC HEARING: 2023 EOTC PROPOSED BUDGET
David Pesnichak, Transportation Director
Decision Needed: Approval of 2023 Budget
(Motion, Second, and Roll Call Vote by Jurisdiction)
VI.5:30 – 6:00 PUBLIC HEARING: 2023 EOTC PROPOSED WORK PLAN
David Pesnichak, Transportation Director
Decision Needed: Approval of 2023 Work Plan
(Motion, Second, and Roll Call Vote by Jurisdiction)
VII. 6:00 – 6:15 INFORMATION ONLY: UPDATES (Q&A)
A.Near Term Transit Improvement Program – Progress Update
B.Food Truck at Brush Creek Park and Ride – Progress Update
C.Town of Snowmass Village Transit Center – Progress Update
(Provided by Sam Guarino, Transportation Director, Town of
Snowmass Village)
VIII.ADJOURN MEETING
(Motion, Second, and Roll Call Vote by Jurisdiction)
*Next Regular EOTC meeting is March 30, 2023 – Pitkin County to Host & Chair
Page 3
Page 16
Page 38
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ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC)
AGREEMENTS & DECISIONS REACHED
REGULAR MEETING
May 26, 2022
Location (In Person and Virtual) – Town of Snowmass Village
Town of Snowmass Village - Host & Chair
•The agenda items contained in these minutes are written in an action only format.
•For a video production of this meeting, go to:
https://www.youtube.com/watch?v=bIKeIOvCAJQ
•To access the Elected Officials Transportation Committee meeting packet material, go to:
https://drive.google.com/drive/folders/1kPdv-lUJ4z8o9qM7BNVZzknWhqS73Abh (or
https://www.pitkincounty.com/1322/Elected-Officials-Transportation-Committ, then
‘EOTC Archived Packets’)
Elected Officials in Attendance:
Aspen – 4 Pitkin County - 4 Snowmass - 3
Rachael Richards Steve Child Bill Madsen
Skippy Mesirow Kelly McNicholas Kury Tom Fridstein
John Doyle Greg Poschman Alyssa Shenk
Ward Hauenstein Patti Clapper
Absent: Torre, Tom Goode, Francie Jacober, Bob Sirkus
______________________________________________________________________________
Agreements & Decisions Reached
CALL TO ORDER AND ROLL CALL
Mayor Madsen called the meeting of the Elected Officials Transportation Committee (EOTC) to
order at 4.05 p.m. followed by a roll-call for attendance.
APPROVAL OF THE MARCH 24, 2022 ACTION MINUTES
Mayor Madsen called for discussion on the March 24, 2022 EOTC Agreements and Decisions
Reached. Commissioner Clapper made a motion to approve the Agreements and Decisions
reached from March 24, 2022. The motion was seconded by Councilor Doyle.
Pitkin County: The votes were: Kelly McNicholas Kury, yes; Greg Poschman, yes; Patti Clapper,
yes; Steve Child, yes; motion carried.
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Town of Snowmass Village: The votes were: Bill Madsen, yes; Tom Fridstein, yes; Alyssa
Shenk, yes; motion carried.
City of Aspen: The votes were: Skippy Mesirow, yes; John Doyle, yes; Ward Hauenstein, yes;
Rachael Richards, yes; motion carried.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Mayor Madsen requested any public comment for items not on the agenda.
No comments from the public for items not on the agenda were identified.
EOTC COMMITTEE MEMBER UPDATES
Mayor Madsen introduced Brian Pettet, Pitkin County Public Works Director, who provided an
update on the Maroon Creek Roundabout reconstruction. Mr. Pettet noted that the roundabout
reconstruction is on budget and on schedule.
PUBLIC HEARINGS
Brush Creek Park and Ride to AABC Trail Connection
David Pesnichak - Transportation Administrator
Mr. Pesnichak explained the Pitkin County Open Space and Trails (OST) Department, the City
of Aspen Parks and Open Space Department, and the Elected Officials Transportation
Committee (EOTC) have jointly funded a feasibility study to connect the Brush Creek Park and
Ride to the Aspen Airport Business Center (AABC) via a safe, hard surface trail. This trail
connection has been scoped to meet the profile grade requirements in the American with
Disabilities Act (ADA) for both recreationists and commuters. The project funding partners
contracted with SGM to conduct this study.
The local project team consists of representatives from the City of Aspen Parks and Open Space
Department, Pitkin County Open Space and Trails Department, the Town of Snowmass Village
Parks and Recreation Department, and the Regional Transportation Administrator. This initial
phase in 2021 and early 2022 consists of a feasibility analysis and a determination of possible
alignment alternatives including estimated costs. The results of this feasibility study were
presented at the March 24, 2022 EOTC meeting and will not be reviewed again at this meeting.
The goal of this meeting with the EOTC is to determine if staff should move the project to a
public process and additional data-gathering phase.
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Improving bicycle and pedestrian connections from the Brush Creek Park and Ride was
identified as an Upper Valley Priority by the EOTC within the Comprehensive Valley
Transportation Plan (CVTP) adopted in 2020.
The results of this feasibility and alignment study were reported out to the Pitkin County OST
Board in a joint meeting with the City of Aspen Parks and Open Space Board on February 24,
2022. The comments received from the joint Pitkin County OST Board and City of Aspen Parks
and Open Space Board meeting held in February consisted of:
- Recommend moving forward with the public process in 2022 of the two identified technically
feasible alignments
- Identified general preference for Option 1 (Twin Bridges)
- Identified additional information needed as project goes to public process:
- Bike commute time to Aspen and not just to AABC.
- Need for commuter study to determine: a) how many cars could be taken off the road,
and b) the feasibility of this connection as a winter commute route.
- Identify whether 10ft trail width will provide enough capacity if it is a commuter trail
along with a recreation trail.
- Look at phasing overall project and identify a list of potential issues should the project
be phased.
Mr. Pesnichak noted that at the March 24 meeting the EOTC requested that staff first come back
to the Committee with an outline of the public process before moving forward. Staff provided an
overview of the public process and path forward to obtain additional information within the
packet.
Mr. Pesnichak then turned it over to Gary Tennenbaum, Director of the Pitkin County Open
Space and Trails Department, and Austin Weiss, Director of the City of Aspen Parks and Open
Space Department to discuss the proposed public process and additional data-gathering phase.
Mr. Tennenbaum explained the proposed public process outline. He explained that we are at the
point now where we need to decide whether we are moving into the public process and the
additional data gathering phase. This next step would include looking at phasing. He also noted
that the trail connection between the Brush Creek Park and Ride and the AABC has been getting
favorable public feedback to date while paving the Rio Grande into Aspen has been more mixed.
Mr. Tennenbaum went on to say that should this project move forward then the feasibility study
would be updated to include the dual paving option into Aspen to look at paving the current soft
surface section of the Rio Grande as well as an evaluation of public benefit of the trail
connection. This next step would also look at a funding capacity analysis. The public process
would be one that would be statistically valid including public surveys, open houses, as well as
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online information and feedback. Once all of this is complete, staff would then come back to the
open space boards as well as the EOTC. It is anticipated that this would come back to the open
space boards and the EOTC in spring to summer 2023.
Commissioner Clapper said that she is supportive of moving into the public process although she
still has many questions about the specifics of each option.
Commissioner Child said that he is supportive of moving forward into the public process. Mr.
Child added that he would like to see two other options. The first one would include a bus or
train on wheels that allows people to roll their bikes on the bus. The next concept identified
would be to have lower bridges crossing the Roaring Fork to reduce visual impacts and could
potentially reduce the cost.
Mr. Tennenbaum noted that the lower bridge option was evaluated as a part of the SGM
feasibility study. However, it was found that the bridge would lose ADA accessibility. The
bridges have already been lowered as much as possible while maintaining ADA accessibility.
Mayor Madsen noted that the public process is very important and asked whether the visual
impact of the bridge connection was the primary opposition.
Mr. Tennenbaum noted that the Board of County Commissioners at the last round were not ready
for this connection and that the public process at that time was not nearly as in depth as what is
contemplated this time around.
Councilor Richards added that she sees this as a recreational amenity and that she needs to see
what the commuter aspect of this project is. As a result, she identified that as a recreational
amenity, Pitkin County Open Space and Trails as well as the City of Aspen Parks and Recreation
Department should be the primary funders of this project. In addition, if the City is going to be
going to the voters this year and this is a potential project that should be included. Ms. Richards
also noted that she was on the Board of County Commissioners at the time this was considered
last time and it was the cost that eventually killed the project. Ms. Richards went on to say that
when the Maroon Creek Bridge was built, EOTC funds were not permitted to be used for a
separated bike connection at that improvement.
Commissioner McNicholas Kury asked what RFTA’s role would be with this public process as
well as what the commuter data is on the Rio Grande currently in order to help proof the
questions for the next steps.
Mr. Tennenbaum noted that RFTA has not been involved in the project to date, however they
will be involved in the future. In addition, this section of the trail is not a RFTA trail and it is
fully Pitkin County.
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Mr. Weiss noted that collecting data on the current stretch of the trail could be fairly easily
accomplished and that there are currently many commuters that use the trail from the AABC into
Aspen.
Mr. Tennenbaum said that the Pitkin County Rangers see more use of the trails in the mornings
with commuters, particularly with e-bikes now being permitting. In addition, this connection
would connect the W/J neighborhood with the Brush Creek Park and Ride and would allow those
residents to have a more viable transit option into Aspen and Snowmass.
Councilor Hauenstein said that he thinks we should continue with the public process. He noted
that a study does need to be conducted looking at the recreation and commuter aspects of this
study to ensure that EOTC funds can be used for this purpose. He went on to say that traffic is
often backed up before Buttermilk, so having a bike connection at Brush Creek is a more viable
option. In addition, he said that the trackless tram option being considered as a part of the
Entrance to Aspen education effort would look into this option.
Commissioner Poschman added that he supports the process and that we need to keep our minds
open particularly in regards to the assumptions.
Councilor Doyle said that he knows individuals who live at the North 40 who use the bike trail to
get their kids to day care and get to work. Mr. Doyle went on to say that with the Entrance to
Aspen effort, the need for the Castle Creek Bridge to be replaced, and the Aspen Airport
redevelopment that traffic impacts are going to increase and this trail will be another option to
mitigate those impacts.
Commissioner McNicholas Kury noted that through this public process the options that have
been removed should be included to let the public know that the process was thorough.
Mayor Madsen added that he thinks this would be a huge recreational asset connecting
Snowmass, the Brush Creek Park and Ride and Aspen.
Mr. Tennenbaum noted that the funding analysis will look at whether the EOTC can be a funding
mechanism. He went on to say that Pitkin County has an open space and trails fund that can go to
this project.
Mr. Pesnichak added that the use of EOTC funds for this project needs to be addressed in a
similar fashion to the way EOTC funds were used for the Maroon Creek Roundabout project.
Specifically, a rational nexus between supporting transit and the use of EOTC funds needs to be
identified in advance of dedicating funds from the Transit Sales and Use Tax.
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Councilor Richards added that some coordination needs to occur, particularly around the renewal
of the City trails tax.
Councilor Mesirow said that he is supportive with the public process moving forward. Mr.
Mesirow added that he will be evaluating this based on the commuter improvements and not the
recreational side.
Mr. Pesnichak noted that it is important to look at this as a part of a system and fits into the
Integrated Mobility System that was discussed at the EOTC retreat. Specifically, this project is a
BRT Enhancement since it increases accessibility to the Brush Creek Park and Ride transit hub.
Similarly, he noted that we are at a point with transportation in the Upper Valley where we need
to be taking an ‘all of the above’ approach since we do not have a silver bullet solution.
Commissioner Clapper made a motion to approve Administrative Direction authorizing the Staff
Recommendation to initiate the public process and data gathering phase of the AABC / Brush
Creek Park and Ride trail connection.
Councilor Doyle seconded the motion.
Commissioner Child noted that this is a public hearing and that it needs to be open to the public.
Mayor Madsen asked if there was any public who would like to comment on this item.
No public comment was received and the public hearing was closed.
The vote for Administrative Direction authorizing the Staff Recommendation to initiate the
public process and data gathering phase of the AABC / Brush Creek Park and Ride trail
connection was conducted by jurisdiction. The vote was as follows:
Pitkin County: The votes were: Kelly McNicholas Kury, yes; Greg Poschman, yes; Patti Clapper,
yes; Steve Child, yes; motion carried.
Town of Snowmass Village: The votes were: Bill Madsen, yes; Tom Fridstein, yes; Alyssa
Shenk, yes; motion carried.
City of Aspen: The votes were: Skippy Mesirow, yes; John Doyle, yes; Ward Hauenstein, yes;
Rachael Richards, yes; motion carried.
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HIGH OCCUPANCY VEHICLE (HOV) LANE ENFORCEMENT
David Pesnichak - Transportation Administrator
Mr. Pesnichak began the staff presentation by providing an overview of the HOV lanes on
Highway 82 and how this effort became an EOTC priority item. Notably, Mr. Pesnichak said that
utilizing the results of the 2021 Fehr and Peers Integrated Mobility System (IMS) study in
combination with the 2021 Upper Valley Transit Enhancement Study conducted by Mead and
Hunt, the EOTC adopted the Near Term Transit Improvement Program in July 2021. This Near
Term Transit Improvement Program set out a strategic tiered approach to tackling individual
projects and efforts to best advance the EOTC’s Strategic Plan and CVTP.
The EOTC’s Near Term Transit Improvement Program prioritizes the most productive and
feasible efforts identified in these two studies into three priority tiers. The efforts identified in the
first and second tiers are those projects that are most in need, feasible in the near term, and/or are
necessary to progress later efforts. Staff utilizes the direction provided from the EOTC 2021
Near Term Transit Improvement Program as guidance to develop the EOTC Budgets and Work
Plans starting with 2022.
All feasible projects identified in Tier 1 are currently in development including:
- Design of the Truscott to Owl Creek Trail along Highway 82,
- Design and feasibility of the grade separated Buttermilk bicycle and pedestrian crossing at
Highway 82 and Owl Creek Road,
- An analysis of up valley and down valley transit service connections to Snowmass Village,
- Design and installation of permanent automated vehicle counters throughout the upper valley.
Also on the list of Tier 1 priorities is a High Occupant Vehicle (HOV) Lane Enforcement
Analysis. It is worth noting that this effort was identified as a Tier 1 priority since increasing
compliance with the HOV lane is an important first step to increasing carpooling. As the
Committee may recall, the development or implementation of a carpool app to match riders to
drivers is a Tier 2 priority that is to be started once a plan for HOV lane enforcement is
established. This memo and subsequent EOTC discussions is to serve as a starting point to
developing a plan to enforce the HOV lanes from Basalt to the Aspen / Pitkin County Airport.
Regarding HOV lane enforcement, the Staff recommendation identifies that while roadside
camera based technology is not fully proven or able to be coupled with automated enforcement,
staff does not recommend pursuing this technology at this time.
In addition, app-based verification systems do appear to hold promise in the longer term at both
the State and National levels particularly as they become more widely used. However, this
technology is very new with limited applications and vendors to date along with potentially high
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vendor turnover. Further, such a system will have a high up front and ongoing maintenance cost
and demand on staff resources while having relatively low effectiveness if deployed only on
Highway 82 between Basalt and the Aspen / Pitkin County Airport. As a result, the overall
effectiveness of an app-based system appears to be low, particularly since the HOV lane is not
otherwise tolled, relative to the amount of staff resources and monetary inputs required. While
such a system may make sense at some point in the future, it does not appear that it is ready for
deployment within this limited HOV context at this time.
To this end, staff recommends that a plan be developed with CSP and the Pitkin County Sheriff’s
Office for the EOTC to provide funds to either hire or allow overtime to officers to patrol for
HOV compliance. This should also be combined with educational awareness utilizing press
releases as well as the Highway 82 Brush Creek DMS and, if permitted, CDOT’s message signs.
At this point, Mr. Pesnichak said that Staff recommends that the EOTC provide Administrative
Direction to develop a plan for HOV lane compliance with CSP and the Pitkin County Sheriff’s
Office and include a financial request, if necessary, for EOTC review within the 2023 EOTC
Budget.
Mayor Madsen said that he has great respect for the Aspen Institute’s work on the IMS, but feels
that this is a solution looking for a problem. Mr. Madsen went on to say that at this point he
favors the ‘do nothing’ approach.
Councilor Hauenstein said that when the HOV lane was first put in place, the courts were not
upholding the tickets that law enforcement was issuing. Mr. Hauenstein also noted that he felt
that traffic between Basalt and the Airport is not a problem.
Commissioner Clapper said that license plate readers can have issues reading through snow and
noted that she felt there are too many privacy issues with license plate readers at this time. Ms.
Clapper also noted that enforcement should be ‘a week here and a week there’ and not everyday
based on law enforcement availability. In addition, Ms. Clapper suggested the use of a fake law
enforcement vehicle as a way to encourage compliance.
Commissioner McNicholas Kury asked whether the camera technology could be combined with
law enforcement and whether the apps for HOV compliance become more regular whether they
could be integrated with other apps like the Transit app. Finally, Ms. McNicholas Kury asked
whether a cell phone blast could go out during HOV hours.
Councilor Richards said that she supports moving forward with the Colorado State Patrol and the
Pitkin County Sheriff’s Office. Ms. Richards said that she also support Commissioner Clapper’s
proposal for ‘a week here and a week there’ approach. Ms. Richards said that her biggest concern
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is people’s driving habits in that people need to move toward carpooling as early on as possible
in order for the whole system to work effectively.
Councilor Mesirow said that he does not feel this is a solution looking for a problem since it is
important that drivers feel the pain of traffic earlier on in their commute while they are able to
carpool. As a result, Mr. Mesirow said he feels that the staff recommendation is the right one.
Councilor Hauenstein proposed that HOV lane enforcement be conducted only between the
Brush Creek Park and Ride and Aspen and not between Basalt and the Brush Creek Park and
Ride.
Councilor Fridstein reiterated that the purpose of this effort is to reduce the total number of cars
on Highway 82 by creating an incentive to people to have multiple people in a car. Mr. Fridstein
said that he is not in favor or the camera or app technologies at this time and that the primary
deterrent is that there may be law enforcement around. In addition, he indicated that he is in
favor of incremental enforcement.
Councilor Doyle noted that the HOV lane is a tool in our toolbox that needs to be enforced as we
run out of other options. Mr. Doyle noted that automated verification is something that is clearly
not ready to be deployed yet, but we should keep an eye on it going forward.
Commissioner Child said that it can be very dangerous to drive the speed limit in the general
traffic left lane during rush hour since all vehicles are speeding. As a result, Mr. Child said that
he would like to more speed enforcement instead of more HOV enforcement.
Councilor Richards said that parking restrictions cannot control all vehicles, but it is one
important tool.
Councilor Hauenstein noted that the City of Aspen has raised parking prices many times over the
years and that is consistent with the Integrated Mobility System approach.
Commissioner Clapper reminded everyone that the HOV lanes are a part of the Record of
Decision and as a result, it does need to be enforced. In addition, having more law enforcement
on the Highway will also assist with speeding.
Councilor Richards said that she also agrees that speeding is a problem but said that she cannot
walk away from the Record of Decision.
Commissioner Child noted that there is a worker shortage in Aspen and that some workers are
giving up commuting to Aspen even if jobs in Aspen pay higher wages. As a result,
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Commissioner Child said that we need to be aware of this impact should we enforce more and
more rules.
Mayor Madsen said that one of his fears is that by having HOV enforcement we will end up with
more traffic.
Councilor Richards noted that the added traffic that could be created with HOV compliance is
intended to persuade people to utilize the bus or have more than one person in the vehicle.
Mayor Madsen explained that he is all in favor of carpooling but he does not think that HOV
enforcement is the carrot to get people to do it. Instead, he said that he feels the carpool parking
pass for the City of Aspen is a more effective option.
Mayor Madsen asked if there was any public comment on this item.
No public comment was received.
Mr. Pesnichak indicated that he would like to respond to some of the questions and comments
made throughout the conversation. First, speeding can be enforced along with HOV lane
compliance. Second, parking pricing and carpool passes are already highly successful programs
while HOV lane enforcement was not been acted upon recently. Next, the question of whether
the courts would uphold an HOV lane citation is unknown at this point and would need to be
tested to find out. Additionally, regarding integration of app based verification with the Transit
app, after speaking with GoCarma and RideFlag they are currently working on merging the app
but it is not currently part of their standard platform. Regarding combining camera technology
with law enforcement, Mr. Pesnichak explained that he posed this question to Invision.ai who
said that while it may be possible it is not something that they have done to date.
Commissioner Clapper made a motion for Administrative Direction for staff to develop a plan
for HOV lane compliance with CSP and the Pitkin County Sheriff’s Office and include a
financial request, if necessary, for EOTC review within the 2023 EOTC Budget. In addition,
staff should work with law enforcement to determine a plan for random or ‘a week here and a
week there’ enforcement and to start a public awareness.
Councilor Mesirow seconded the motion.
Commissioner McNicholas Kury asked about whether a text blast could go out for those in the
HOV lane reminding them about the rules and enforcement.
Mr. Pesnichak indicated that he did not have an answer for whether a text blast regarding HOV
compliance is possible at this time.
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Councilor Fridstein indicated that he was in favor of the direction this was going since the courts
may throw it all out anyway. And this approach will give us a chance to test it and see how it
goes.
Commissioner Poschman noted that dummy law enforcement vehicles should be included in this
effort.
Councilor Richards noted that she did not think that CDOT would allow a dummy vehicle to be
left in the right of way.
Commissioner Poschman asked that staff have a conversation with Colorado State Patrol and the
Sheriff’s Office regarding the dummy law enforcement vehicle.
Commissioner Clapper asked Councilor Mesirow if he would be amenable to an amendment to
the motion to include looking into a dummy law enforcement vehicle on Highway 82. Councilor
Mesirow indicated that he was amenable to that amendment.
Commissioner Clapper restated the motion for Administrative Direction for staff to develop a
plan for HOV lane compliance with CSP and the Pitkin County Sheriff’s Office and include a
financial request, if necessary, for EOTC review within the 2023 EOTC Budget. In addition,
staff should work with law enforcement to determine a plan for random or ‘a week here and a
week there’ enforcement and to start a public awareness, and for staff to look into whether a
staged vehicle parked along the highway would be permissible.
The vote for Administrative Direction on HOV lane enforcement with the noted amendments
was conducted by jurisdiction. The vote was as follows:
Pitkin County: The votes were: Kelly McNicholas Kury, yes; Greg Poschman, yes; Patti Clapper,
yes; Steve Child, no; motion carried.
Town of Snowmass Village: The votes were: Bill Madsen, no; Tom Fridstein, yes; Alyssa Shenk,
yes; motion carried.
City of Aspen: The votes were: Skippy Mesirow, yes; John Doyle, yes; Ward Hauenstein, yes;
Rachael Richards, no; motion carried.
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INFORMATIONAL SECTION OF PACKET (Q&A)
Mr. Pesnichak indicated that the only other update he had was regarding the food truck at the
Brush Creek Park and Ride. The food truck is currently onsite and while they are finishing up
some paperwork with the State, they are hoping to open in the next week.
Mayor Madsen asked for an update in the back portion of the Brush Creek Park and Ride.
Mr. Pesnichak indicated that the back portion of the lot will be opening up shortly.
ADJOURN REGULAR MEETING
Councilor Richards moved to adjourn the regular meeting of the Elected Officials Transportation
Committee at 6:16 p.m. Councilor Fridstein seconded the motion. Motion passed with 11 yea
votes.
City of Aspen
_________________
Torre, Mayor
City Council
_________________
Nicole Henning
City Clerk
Town of Snowmass Village
_________________
Bill Madsen, Mayor
Town Council
_________________
Megan Boucher
Town Clerk
Pitkin County
___________________
Patti Clapper, Chair
Board of County Commissioners
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___________________
Julia Ely
Clerk to the Board of County Commissioners
___________________
David Pesnichak
Regional Transportation Administrator
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AGENDA ITEM SUMMARY
EOTC MEETING DATE: October 27, 2022
AGENDA ITEM TITLE: Proposed 2023 Budget
STAFF RESPONSIBLE: David Pesnichak, Transportation Director
ISSUE STATEMENT: Attached for review and approval is the Proposed 2023 Budget. Budget
revenues, updates, project scoring and next steps are discussed below.
BACKGROUND: As the EOTC is aware, 2019 through 2022 have been financially turbulent years. In
2019, the EOTC began to see the impacts of State law changes from HB 19-1240 that affected how sales
and use tax are collected. Then in 2020, COVID-19 caused a near economic shutdown in the spring
followed by a national recession. Late 2020 through 2022 have seen an unexpected spike in tourist and
building activity that has resulted in higher than anticipated revenues across the nation and the region.
While economic activity and tax revenues have been strong through 2022 to date, it has recently been
accompanied with high inflation and a national concern of an impending economic downturn.
For orientation purposes, the sections in this memo include:
- 2021 Actual Revenues and 2022 Projected Revenues
-EOTC Ability to Meet Current Obligations and New Requests
- EOTC Expenditure Scoring
-Overview of Funding Renewals, Increases in Funding, Project Funding and New Requests
-Next Steps
- Outline of Funding Uses
- Ongoing / Operational
- Projects
- Recommended EOTC Action
2021 Actual Revenues and 2022 Projected Revenues
For 2021, Sales Tax revenues were up more than expected at about 28.8% over 2020 due to the taxation
of internet sales, an unexpectedly strong economy despite the pandemic, and use tax revenue shifting to
sales tax. Use Tax also increased slightly in 2021 at 6.8% from 2020 due primarily to revenues from prior
years’ construction activity being realized in 2021 (see explanation below) and strong motor vehicle sales.
Overall, the EOTC ended up seeing an increase in revenues of $243,412, or 9.5% between 2020 and
2021.
Due to the mechanics of construction use tax collection, a portion of use tax revenues reflected in 2019,
2020, and 2021 will be refunded back to the developer in subsequent years. This process is to ensure that
the developer pays the actual use taxes due by allowing them to apply for a refund for overpayment. Also,
in order to smooth this revenue stream and prevent the expenditure of funds that may be requested as
refunds in the future, some funds are withheld from being reported for several years following initial
collection at the time of building permit issuance. This means that actual construction use tax revenues
have continued to normalize through 2021 because of HB 19-1240 which went into effect in June 2019.
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In 2021, approximately $631,000 of total EOTC use tax revenue was actually due to construction activity
from prior years while about $432,000 was due to use tax revenue from motor vehicles registrations
(unlike construction use taxes, motor vehicle use taxes are realized in the year they are collected).
Decreasing amounts of future construction use tax revenue is projected after 2022 as construction use
taxes shift to sales tax. It is worth recalling that the EOTC saw a decrease of 39.6% in Use Tax revenue
between 2019 and 2020 due to the implementation of HB 19-1240.
As of the writing of this memo, the Pitkin County Finance Department in partnership with the County’s
Financial Advisory Board has provided sales tax projections up 13% in 2022 over 2021. 2022 has been a
very strong year for sales tax revenues. In addition, high inflation in 2022 has negated some of the value
of this increase in revenue.
When looking at 2022 EOTC overall projected revenues compared to 2021, annual EOTC revenues are
expected to decrease by $219,834 in 2022, or 7.8%.
Summary of 2021 Actuals (2020 – 2021):
- Sales Tax: 28.8% increase
- Use Tax: 6.8% increase
- EOTC Overall Revenue 2020-2021: 9.5% increase or $243,412
Summary of 2022 Projections (2021 – 2022):
- Sales Tax: 13% increase
- Use Tax: 40.8% decrease (2022 includes construction use tax revenues from previous years that will not
be realized in the future)
- EOTC Overall Revenue: 7.8% decrease or $219,834
Total annual EOTC revenues are as follows:
2018: $2,725,220
2019: $3,257,373
2020: $2,559,694
2021: $2,803,106
2022: $2,583,272 (projection)
2023: $2,544,498 (projection)
In the years 2023 and beyond, sales tax revenues are projected to decrease by -11% in 2023 before
rebounding, mostly due to inflation, at between 6.5% and 4% annually from 2024 to 2027. Use taxes are
expected to increase at an annual rate of about 2.1% annually from 2023 to 2027 to account for inflation
in motor vehicle collections.
See the below graph (next page) and Attachment 3 for a comparison of annual revenues.
105
EOTC Ability to Meet Current Obligations and New Requests
The EOTC is expected to meet all annual ongoing and current project obligations through the budgeting
horizon. With these projections, the EOTC will have a balance of about $1.9 million to $2.3 million
annually for projects once annual operating and ongoing costs are satisfied.
When considering 2022 annual operating costs and all currently obligated project costs through 2027, the
EOTC is expected to have about $5 million in total unobligated funds going into 2023. So, based on
current projections, the EOTC’s unobligated fund balance should build at a rate of approximately $1.9
million to $2.3 million annually from this roughly $5 million starting point in 2023 under the staff
recommended budget.
EOTC Expenditure Scoring
Starting in 2020, staff began scoring EOTC expenditures and work plan efforts against the identified
Mission Statement, Vision Statement, Guiding Principles, and Key Strategies from the 2020 EOTC
Strategic Plan as well as the Regional Priorities and Upper Valley Priorities identified within the updated
2020 CVTP.
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This scoring matrix, included as Attachment 2, represents an average scoring conducted by EOTC staff
from the City of Aspen, Town of Snowmass Village, Pitkin County, RFTA and the EOTC Transportation
Director. While the scoring is subjective, by averaging out the scoring from each staff member the chart
can better represent a cohesive ranking of expenditures and work plan efforts that best meet the goals of
the Strategic Plan and CVTP.
The purpose of this ranking is to not only assist staff vetting projects that best meet the EOTC goals from
the Strategic Plan and CVTP but to also provide the EOTC members a reference point when considering
the annual budget and work plan. This matrix is intended to show the comparative ability of a project to
advance the EOTC Strategic Plan.
As you will notice, the matrix has a scoring of the Strategic Plan Mission Statement, Vision Statement,
Guiding Principles and Key Strategies. These are scored on a 1-5 scale where 1 ‘Does No Meet’ and 5
‘Greatly Exceeds’ that specific criteria.
Meanwhile, the CVTP Regional Priorities and Upper Valley Priorities are not ranked but instead
identified as meeting an identified Priority or not. A cell marked with an ‘X’ indicates that that project
can meet that Priority. It is important that each expenditure meet at least one of the Regional or Upper
Valley Priorities in order to be considered for funding or inclusion in the Work Plan. Some projects are
able to meet multiple CVTP Regional and/or Upper Valley Priorities which makes them stronger
candidates for funding and staff time.
Overview of Funding Renewals, Increases in Funding, Project Funding and New Requests
Below is an overview of requests for funding renewals, increases in funding, project development
funding, and new requests for the 2023 budget cycle. Please note that more detailed descriptions of each
of the staff recommended expenditures are included within the ‘Outline of Funding Uses’ section later in
this memo.
Name Type of
Request
Requested
Allocation
Year
EOTC
2022
Actual /
Budget
Amount
2023
Requested
Amount
Staff
Recommended
2023 EOTC
Budget
Amount
X-Games
Transit Subsidy
One Year
Renewal
2023 $115,000
(Actual &
Budget)
$115,000 $115,000
We-Cycle
Operational
Support
Ongoing
(per
FLMM)
2023-2027 $100,000
(Actual &
Budget)
$103,000 $103,000
Bike / Ped
Connection
from BC P&R
to Rio Grande /
AABC -
Feasibility
Project
Request
2023 $25,000
(Actual &
Budget)
$25,000 $25,000
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Truscott to Owl
Creek Trail -
Feasibility,
Planning, and
Design
Project
Request
2023 $119,770
(Actual) /
$200,000
(Budget)
$118,693
(not
including
50% RFTA
FLMM
Grant)
$118,693
(not including
50% RFTA
FLMM Grant)
Buttermilk
Crossing and
Transit Signal
Bypasses -
Feasibility,
Outreach,
Design
Project
Request
2023 $163,840
(Actual) /
$200,000
(Budget)
$150,587
(not
including
50% RFTA
FLMM
Grant)
$150,587
(not including
50% RFTA
FLMM Grant)
Project
Request
2024 - $514,678
(can apply
for 50%
FLMM
Grant in
2023)
$514,678 (can
apply for 50%
FLMM Grant
in 2023)
Permanent
Automated
Vehicle
Counters -
Planning,
Design,
Permitting,
Construct
Project
Budget
Forward
from
2022
2023 $0
(Actual) /
$200,000
(Budget)
$287,500 $287,500
Integrated
Mobility Study
(IMS) /
Dynamic Road
Pricing Analysis
New
Request
2023 - $100,000 $100,000
HOV Lane
Enforcement
New
Request
2023 - $95,000 $95,000
Next Steps
Following the adoption of both the EOTC Strategic Plan and updated Comprehensive Valley
Transportation Plan (CVTP) in 2020, staff is looking down the road to identify projects that best meet
these identified objectives and direction while remaining cognizant of financial constraints.
To this end, continuing to make progress on the improvements at the Brush Creek Park and Ride, and
development of the Snowmass Mall Transit Station are at the top of the priority list for both staff time and
funding. This prioritization is reinforced by the annual Staff project scoring.
Meanwhile, work on the Brush Creek Park and Ride to the AABC trail is recommended to continue in
2023 along with work efforts identified in the 2021 EOTC Near Term Transit Improvement Program
approved in July 2021 as listed below.
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- Truscott to Owl Creek Trail - Feasibility, Planning, and Initial Design;
- Buttermilk Crossing and Transit Signal Bypasses - Feasibility and Initial Design;
- Snowmass Direct Transit Service Improvement Analysis;
- HOV Lane Enforcement Implementation (Analysis and EOTC direction provided in 2022);
- Permanent Automated Vehicle Counters - Planning, Design, Permitting, and Construction;
- Dynamic Road Pricing (Cordon/All-Lane Pricing, and Managed/HOT Lane Options)
Please note: The funding sources, partnerships and description of each of these efforts are spelled out in
more detail in the ‘Outline of Funding Uses’ section in this memo.
Outline of Funding Uses
Ongoing / Operational
1) Use tax collection costs and County overhead - $170,790
The proposed budget includes the county’s administrative costs of collection for both the sales and use tax
as well as insurance. These costs are collected from the EOTC budget one year in arrears. This cost
includes auditing of EOTC collections by the County’s Finance Department and administrative costs
associated with the Transportation Director position (payroll, technical support, and human resources
support).
2) Administrative costs and meeting costs - $12,900
The proposed budget includes other administrative and meeting costs. This includes costs such as
recording and broadcasting EOTC meetings, food at EOTC meetings, and costs associated with the
Transportation Director position (cell phone, work related travel, professional dues, education and
training, postage and shipping, materials and supplies, and computers and computer equipment).
3) Country Inn taxi program in-lieu of bus stop safety improvements - $7,311
The EOTC implemented the Aspen Country Inn taxi service in 2001 to address bus stop safety issues
faced by residents at this senior-priority housing complex. The lack of a traffic signal, crosswalk,
sidewalk/trail to other transit stops, or median at this location along Highway 82 makes it unsafe for
Country Inn residents to use transit for down valley trips or for return trips from Aspen. The Aspen
Country Inn taxi program allows residents to use a taxi when their travel would otherwise require the
crossing of Highway 82. Demand for this service varies from year to year.
4) X-Games transit subsidy - $115,000
This subsidy is paid to RFTA to help fund transit services for the X-Games. This request was renewed for
one year in 2021, 2022 and is up for renewal again in 2023. This subsidy is a reimbursement for transit
costs incurred during the X-Games. In 2021, while the EOTC approved the X-Games transit subsidy
request, due to COVID-19 the X-Games did not have an in person audience and as a result transit services
were not required. So, while the EOTC approved these funds in 2021, these funds were never expended.
The subsidy was fully utilized in 2022 and the X-Games are expected to proceed with in person
attendance in 2023. Please see Attachment 5 from the Aspen Skiing Company for details.
5) Brush Creek Park and Ride, DMS, and Perm Vehicle Counters operating costs (staring in 2024) -
$95,000
The City of Aspen’s Parking Department manages the parking area of the Brush Creek Park and Ride Lot
for the EOTC per an intergovernmental agreement. No staff cost for parking enforcement or management
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of the lot is included. Instead, this budget funds maintenance, repairs, utilities, snow removal, trash
removal, irrigation, and weed control.
The cost for this service is expected to increase notably to about $95,000 annually starting in 2023
because of the installation of restrooms, additional landscaping and lighting, and increased paved parking
area as a part of the FLAP grant reconstruction. As the EOTC may recall, this amount was budgeted to
assume the maintenance of these new facilities in 2022, however due to untenable construction bids,
project construction was postponed until 2023. It is expected that actual 2022 costs will be significantly
below the budget amount since these new facilities were not installed. Staff has reviewed existing costs
for repair, maintenance and snow removal at Rubey Park as well as other RFTA Park and Rides with
restroom facilities to determine this cost estimate going forward. As the FLAP grant improvements are to
be installed in 2023, staff will monitor costs at the upgraded facility and adjust anticipated costs
accordingly in subsequent budget years.
In addition, costs for operating and maintaining the Dynamic Message Sign (DMS) on Highway 82 is also
included in this line item. Notable ongoing costs with the DMS include annual software fees, electricity,
maintenance and repairs.
Finally, this line items anticipates $10,000 per year for ongoing maintenance, software and data
management costs related to the permanent vehicle counters that are planned to be installed in 2023.
These operations costs have been added in to this line item starting in 2024.
6) No-fare Aspen-Snowmass-Woody Creek bus service subsidy - $0
This previously on-going expense has been removed from the EOTC budget starting in 2022. As a result
of impacts from changes in State sale and use tax collection laws in 2019 that reduced revenue to the
EOTC and increased revenue to RFTA, the cost of this no-fare service was transferred to RFTA starting
in 2022.
7) We-Cycle operational support – $103,000
The EOTC has been supporting We-Cycle since 2018. As a result of RFTA’s First Last Mile Mobility
(FLMM) study in 2021 and 2022, RFTA has entered into a partnership with We-Cycle moving forward.
As a result of this plan and the partnership between RFTA and We-Cycle, Staff supports continued on-
going contributions to We-Cycle at this historic amount of $100,000 annually and increasing by 3% per
year to account for inflation. In order to ensure financial predictability for We-Cycle, staff recommends
budgeting at this level to support We-Cycle through the budget horizon each year instead of subjecting it
to annual appropriations. As is consistent with past EOTC support for We-Cycle, the annual EOTC
contribution to We-Cycle is to support general operations of this important first and last mile service
throughout the Roaring Fork Valley.
8) Regional Transportation Director - $161,482
The EOTC previously approved this on-going full-time position beginning in 2018. This amount reflects
the cost of the position including base salary and County benefits as well as health insurance and wellness
benefits.
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Projects
9) Snowmass Mall Transit Station - $6,000,000 ($721,213 additional funds plus $5,278,787 required by
ballot measure) (2023 allocation previously approved as part of 2021 EOTC budget)
The EOTC is required by a 2000 ballot measure to provide a total of $7 million to Snowmass Village for
transit enhancements, which has been programmed over the years for the new Snowmass Mall transit
station. The current balance of this obligation in 2023 is $5,278,787.
To help support the project in the face of shifting State and Federal grant availability and increasing costs,
Snowmass Village requested and was approved by the EOTC in 2021 for additional funding in the
amount of $721,213 from the EOTC in 2022. This brought the EOTC contribution for construction funds
to a total of $6 million. This allocation by the EOTC has helped put this project in an advantageous
position when applying for other grants, particularly with increasing costs. The project is currently
moving through the design process. Please see the update memo from Sam Guarino, Town of Snowmass
Village Transportation Director, included with the Updates memo in this packet for more details.
10) EOTC Professional Services, Regional Transportation Efforts, and Special Meetings - $15,000
This is a helpful line item for staff to be able to participate and make progress on low cost regional efforts
that progress the EOTC Strategic Plan and Comprehensive Valley Transportation Plan as they emerge. In
the past, these funds have been used for such projects as permitting for a Buttermilk Park and Ride
directional sign on Highway 82 in 2021 and the EOTC retreat in 2022.
11) Brush Creek P&R FLAP Grant Match - $3,316,672 (balance of 2021 and 2022 allocation proposed to
be forwarded to 2023)
This FLAP match was initially $2 million from the EOTC and $2.2 million from the Federal Highways
Administration (FHWA) for a total project cost of $4.2 million. As the EOTC is aware, through the
design process, the cost estimate for the project increased to $6.5 million and then to $6.9 million in 2021.
The FHWA increased their funding obligation in 2021 from $2.2 million to $2.4 million, staff has
identified a CMAQ grant in the amount of $1,545,146, and RFTA has obligated $500,000 to be utilized to
support this project, with the remaining balance being requested from the EOTC. This total EOTC match
amount of is $3,538,128 in 2022. Total invoices through 2022 for this project is $44,506 in 2020 and
$176,950 in 2021 for matching design costs, leaving a current balance of $3,316,672 in matching funds
from the EOTC.
As the Committee may recall, this project went out to construction bid in winter of 2021 for construction
in 2022, with bids coming in 2 to 3 times the budgeted amount and the engineers estimates at the time.
These construction bids were deemed untenably high and as a result the project was postponed until 2023.
In August 2022, an updated Engineers Estimate for this project was developed by Jacobs Engineering.
This updated engineers estimate is $8,225,000, or $1,476,103 higher than the 2022 construction budget.
As the EOTC is aware, engineer’s estimates are not always correct and the real construction cost will not
be known until late October 2022 when the construction bids are opened. This means that the real
construction cost will not be known until after this meeting packet is distributed. Staff will bring the
received construction bids to the EOTC meeting on October 27 for consideration and recommendation.
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Engineer’s Estimate (Updated 8/5/22)
Schedule A – Parking Area: $4,364,000
Option X – South Road/Bus Turnaround: $1,328,000
Option Y – Restroom Building: $2,533,000
TOTAL: $8,225,000
Available Construction Funds (Updated 8/5/22)
FLAP Grant: $1,387,079 (fund balance from $2.4M, $1,012,921 expended in design to date)
EOTC: $3,316,672 (fund balance from $3,538128, $221,456 expended in design to date)
CMAQ:$1,545,146
RFTA: $500,000
TOTAL: $6,748,897
Funding gap to Engineers Estimate (as of 8/5/22): $1,476,103
As of the writing of this memo, construction is expected to begin in spring 2023 pending workable
construction bids this fall. It is worth noting that the Brush Creek Park and Ride and transit facilities will
remain operational throughout construction. Parking at the facility will be temporarily relocated to the
east end gravel lot during construction.
12)Integrated Mobility Study (IMS) / Dynamic Road Pricing Analysis (2021 Near Term Transit
Improvement Program Effort – Tier 3) - $100,000
Based on feedback from the EOTC at the April 2022 retreat, staff has been working with Fehr and Peers
on a Scope of Work to continue analysis of the options for dynamic road pricing on Highway 82. These
options include creating one managed lane (similar to those found on I-70 and Hwy 36) and congestion
pricing all lanes.
At the April 2022 EOTC retreat, the Aspen Institute presented the Integrated Mobility System (IMS) of
which congestion reduction measures are one of the 5 identified strategies. Through subsequent studies on
the IMS funded by the EOTC and conducted by Fehr and Peers in 2020 and 2021, the EOTC adopted the
Near Term Transit Improvement Program in July 2021. This Program identified congestion pricing and
managed lanes as the two most effective options for congestion reduction. However, due to the
complexity of implementing either congestion pricing or a managed lane, this effort was identified as a
Tier 3 effort within this Program due to its long-term nature (the Program prioritized near term efforts).
In order to continue to answer some of the questions and concerns expressed by the EOTC at the retreat in
April 2022 around congestion pricing and a managed lane, Staff is proposing allocating funds in 2023 to
further this effort and conversation. The goal is to continue the conversation in 2023 in hopes of making
progress on a resolution as to whether this is a direction the EOTC would like to pursue.
The analysis in 2023 is preliminarily proposed to focus on the following topics. A final scope of work
will be developed should funds be allocated for 2023 to advance this project.
-Document the types of incentives and disincentives currently in place in the Upper Valley relative
to other resort area in North America as well as a qualitative analysis of the programs currently in
place (transit, carpooling, shared mobility, etc.).
-Updated origin and destination information within the Upper Valley to help inform system
planning (the most recent origin and destination information currently is AirSage data from
2017).
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- The previous analysis focused on greenhouse gas emissions (GHG) and vehicle miles travelled
(VMT), not congestion. It is recognized that while longer trips from visitors and commuters
contribute more to GHG emissions and VMT and work to reduce GHG needs to focus on these
trips, shorter trips within the Upper Valley could be contributing more to congestion. This next
phase, utilizing the updated origin and destination data, would continue this analysis to look at
congestion in combination with GHG and VMT. Using the updated origin and destination data,
Fehr and Peers will quantify the shares of total trips generated by:
o Residents of the Upper Valley
o Long-distance visitor trips
o Short distance visitor trips (trips entirely within Aspen/Snowmass)
o Commute trips for Aspen/Snowmass Village employees
o Commute trips for Aspen/Snowmass residents
- Outline a “concept of operations” for a managed lane scenario and an all-lane congestion pricing
scenario to manage demand into the Upper Valley. The primary objectives of either congestion
management scenario will be to:
o Reduce congestion and travel time into Aspen
o Not induce additional trips into Aspen or across the Castle Creek Bridge
o Reduce or hold steady GHG emissions and VMT in the Upper Valley
o Reduce transit travel times and increase ridership
Based on the operating objectives, Fehr & Peers will outline a set of operating characteristics
related to the managed lane and congestion pricing scenarios. The findings will include the
following:
o Approximate extent of the managed (tolled) lane or location of tolled entrances
o Identification of approximately what proportion of total travelers could be exempted from
tolling (e.g., how much free travel can be allowed before the objectives above cannot be
met?)
o Compare the number of “exempted” travelers to major travel markets identified by the
EOTC (e.g., inbound commuters or local residents)
o Identification of additional capital improvements that may be required to ensure that
buses are not delayed (although the extent of the congestion management will be set to
try and avoid the need for additional capital improvements)
o Approximate times of day when congestion management strategies may be necessary to
achieve the goals above
o Assumptions about parking charges and management that will be complementary to the
overall congestion management program (e.g., it is assumed that parking management
will continue to be necessary to avoid the possibility that people travel at off-peak times
to avoid congestion management charges and overwhelm the community with parked
cars)
o Approximate number of cars that may be diverted to regional park and ride lots
The analysis for Aspen and Snowmass Village will be prepared separately since Snowmass
Village does not have the same congestion issues as Aspen does and may warrant a different
concept of operations.
- Equity and impact on local business analysis.
The results of this analysis are projected to be reported out to the EOTC by Fehr and Peers at the
proposed August 2023 meeting. $100,000 is proposed to support this effort, although actual expenses are
expected to be below this budget amount.
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13) Bike / Pedestrian Connection from BC P&R to Rio Grande / AABC Feasibility- $25,000
As the EOTC may recall from the October 2020 meeting and the March and May 2021 EOTC meetings,
this is a partnership project to look at the trail connection from the Brush Creek Park and Ride to the
Aspen Airport Business Center. A feasibility study was conducted in 2021 and presented to the EOTC in
March of 2022. This feasibility study was conducted with Pitkin County Open Space and Trails (OST),
City of Aspen Parks and Open Space, and the Elected Officials Transportation Committee each of which
contributed to this study and effort.
In 2021, Pitkin County OST advertised an RFP for the project and SGM has been selected to lead the
effort. Total project cost was contracted at $108,000 although the EOTC contribution remained at
$25,000 for 2021. In order to keep the project moving in 2022, an additional $25,000 was allocated from
the EOTC to complete this study in collaboration with the City of Aspen and Pitkin County.
The local project team consists of representatives from the City of Aspen Parks and Open Space
Department, Pitkin County Open Space and Trails, the Town of Snowmass Village Parks and Recreation
Department, and the Regional Transportation Director.
Following review and presentation to the City of Aspen and Pitkin County trails and open space boards in
February 2022, the alternatives and open space board feedback were presented to the EOTC at the March
and May 2022 meetings. As a result of these reviews Staff has received direction to conduct further
research and then begin the public outreach phase of the project. Staff is looking to continue with this
direction from the open space boards and the EOTC in 2023. It is proposed that this next phase be
reported out to the EOTC at the March 2023 meeting.
$25,000 is requested for this research and public input phase and has been included in the 2023 EOTC
recommended budget. This would continue to be a partnership with the City of Aspen Parks and Open
Space ($25,000 contribution) and Pitkin County Open Space and Trails ($25,000 contribution) for a total
2023 project budget of $75,000.
14) Truscott to Owl Creek Trail - Feasibility, Planning, and Design (2021 Near Term Transit
Improvement Program Effort – Tier 1) – $118,693
This allocation is to continue the ongoing feasibility, planning, public input, and design for the Truscott to
Owl Creek Trail. The goal of this improvement is to provide basic bicycle and pedestrian infrastructure
that connects the Aspen Country Inn (low-income senior priority housing) and other residential and
commercial developments along this southwest side stretch of Highway 82 to transit stops at Truscott and
Buttermilk. While this improvement will not bridge the bicycle and pedestrian divide that Highway 82
creates, it will provide safe connections to Truscott, which has a bicycle and pedestrian underpass and
Buttermilk, which currently has a signalized bicycle and pedestrian crossing. Both Truscott and
Buttermilk offer access to RFTA transit service with Buttermilk being a highly developed BRT stop.
This improvement is not intended to supplant the EOTC’s support of the Aspen Country Inn’s Taxi in
Lieu service, but is instead intended to compliment it.
In 2022, SGM entered into a contract with the County for initial design, feasibility, and public input for
this transit trail connection. As the Committee members may notice, while $200,000 was budgeted in
2022 for this initial phase, only $119,770 is expected to be expended through 2022. SGM has begun
initial design, feasibility and public outreach in 2022.
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For 2023, based on the RFP submitted by SGM for the next phase, it is anticipated that full design for this
project will be completed in 2023. A report out to the EOTC is expected in mid-2023 at 30% design for
input on alignment and overall design elements. Based on the RFP received from SGM, the cost of this
next phase in 2023 is anticipated to be $237,385.
A grant in the amount of $118,693 (50% of 2023 design costs) has been preliminarily approved by RFTA
through the FLMM fund. As a result, the EOTC portion of this next phase of design in 2023 is budgeted
at $118,693.
If all goes as planned, this next effort will bring the project to construction bid documents in 2023 with
potential construction in 2024 or 2025 depending on construction estimates, construction bids, and
available funding. A final engineers estimate for this project will be determined in 2023 to allow for
future project construction budgeting and pursuing construction grants.
Due to the scope of the construction and design efforts occurring in 2023, Staff has added 15% to the
overall annual cost of this project in order to hire an owner’s representative. This owner’s representative
will assist in project management and help keep the project on schedule. The Transportation Director will
remain the lead project manager for this project.
15) Buttermilk Crossing and Transit Signal Bypass Lanes - Feasibility and Initial Design (2021 Near
Term Transit Improvement Program Effort – Tier 1) - $150,587
This allocation is to continue the feasibility, stakeholder input, and initial design for the Buttermilk
Crossing and Transit Signal Bypass Lanes. The goals for these improvements are to: 1) provide superior
protection for bicyclists and pedestrians across Highway 82 at Buttermilk, 2) remove the pedestrian
crossing time at the Owl Creek signal thereby reducing transit and overall vehicle congestion, and 3)
increase transit efficiency by allowing transit vehicles the ability to bypass one of the two signals at this
intersection.
These improvements would consist of: 1) a grade separated bicycle and pedestrian crossing at Buttermilk,
2) a bus bypass lane going up valley at the Harmony signal, and 3) a bus bypass lane going down valley
at the Owl Creek signal. A grade separated bicycle and pedestrian crossing is necessary to implement an
Owl Creek signal transit bypass lane since the at-grade bicycle and pedestrian crossing would need to be
eliminated.
Preliminary cost estimates for this trail connection provided by Mead and Hunt in 2021 were:
$830,000 Design
$8,570,000 Construction
= $9,400,000 Total Project Cost
RFTA currently has $500,000 allocated for this project as a part of Destination 2040. Although significant
other funding sources are clearly necessary, these funds and the partnership with RFTA are important in
securing State and Federal funding. In order to best leverage these RFTA funds, Staff recommends not
utilizing the RFTA funds until construction.
In 2022, the EOTC allocated $200,000 to begin the feasibility, initial design, and public input process for
this project. The County entered into a contract with SGM in 2022 for the initial phase of this design,
which is currently underway. While $200,000 was budgeted in 2022 for this initial design, only $118,693
are expected to be expended this year.
115
For 2023, based on the RFP response from SGM the costs are anticipated at a total of $301,174. RFTA
has preliminarily approved a grant for the 2023 design phase for this project in the amount of $150,587,
or 50% of the 2023 design cost. As a result, the EOTC portion of the design cost in 2023 is anticipated to
be $150,587, as reflected in the proposed EOTC budget.
A report out on this project is projected to come to the EOTC in mid-2023 for input and feedback before
moving onto the next phase. Based on the SGM RFP, design costs in 2024 are anticipated and
preliminarily budgeted for $514,678 (an additional 50% RFTA FLMM grant may be applied for in 2023
to help offset the 2024 design cost, which is not accounted for in this budget amount). This effort through
2024 will bring the project to 100% design and construction bid documents. Consent to move forward
with this final level of design will be obtained from the EOTC at the meeting in mid-2023 and as a part of
the 2024 budget cycle.
Through the design process an engineer’s estimate for construction will be created. These engineer’s
estimates will allow for future project construction budgeting as well as the ability to apply for
construction grants. Significant funding sources outside the EOTC are necessary in order to bring this
project to fruition. It is likely that identifying the necessary funding to bring this project to construction
could take a couple years from the point of final design.
Due to the scope of the construction and design efforts occurring in 2023, Staff has added 15% to the
overall annual cost of this project in order to hire an owner’s representative. This owner’s representative
will assist in project management and help keep the project on schedule. The Transportation Director will
remain the lead project manager for this project.
16) HOV Lane Enforcement – Colorado State Patrol and Pitkin County Sheriff’s Office Support (2021
Near Term Transit Improvement Program Effort – Tier 1) - $95,000
High Occupant Vehicle (HOV) lane enforcement on Highway 82 between Basalt to the Aspen / Pitkin
County Airport is a Tier 1 priority within the 2021 Near Term Transit Improvement Program. It is worth
noting that this effort was identified as a Tier 1 priority as increasing compliance with the HOV lane is an
important first step to increasing carpooling. With compliance, modeling has shown that high occupancy
vehicles could see as much as a 10-minute reduction in overall travel times. As the Committee may recall,
the development or implementation of a carpool app to match riders to drivers is a Tier 2 priority that is to
be started once a plan for HOV lane enforcement is established.
As a reminder, the HOV lanes are in effect Monday through Friday from 6:00 a.m. to 9:00 a.m. up valley
(to Aspen) and from 3:00 p.m. to 6:00 p.m. down valley (to Basalt). Children do count as occupants for
use of the HOV lane. In addition, motorcycles and alternative fuel vehicles are also permitted to use the
HOV lanes at all times, even if the vehicle has only one occupant.
While Colorado State Patrol (CSP) and the Pitkin County Sheriff’s Office (SO) acknowledge the need to
patrol the HOV lanes on Highway 82, enforcement of these lanes has often not a priority for either
organization. This is due to other higher competing priorities for law enforcement that directly affect life,
safety and property. In addition, the Pitkin County SO and CSP are often short staffed, further decreasing
the priority for the remaining officers.
At the May 2022 EOTC meeting, the EOTC provided direction to staff to budget funding to support the
CSP and SO to conduct HOV lane enforcement beginning in 2023. In addition, this enforcement is to be
accompanied by a public outreach effort to both educate drivers about the HOV lane and its parameters as
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well as make drivers aware that enforcement will become more commonplace. Both CSP and the Pitkin
County SO are supportive of this effort and have been willing partners.
For the 2023 budget, staff has identified the following breakdown of funding for HOV enforcement:
Pitkin County SO: $60,000
CSP: $30,000
Outreach/Education: $5,000
Total: $95,000
Effectively, both the Pitkin County SO and CSP will charge the Transit Sales and Use Tax fund only for
hours actually spent on patrol for HOV enforcement. The identified split of funds between the Pitkin
County SO and CSP is an estimate that will need to be refined over time should this program continue.
Several important point are worth noting should this program move forward in 2023:
-While education efforts will begin in February and March of next year, enforcement is not
anticipated to begin until April. This time gap is to allow drivers time to adjust driving habits as
the education effort rolls out and to ensure that enforcement begins at a time when snowfall issues
(reading signs and road markings) are minimized and it is not the peak traffic times as in the
winter and summer.
-Discussions with the Pitkin County SO and CSP have emphasized that deputies are not limited to
only enforcement of HOV compliance during these times. As a result, the increased law
enforcement presence should also have a positive impact on speeding, reckless driving and other
traffic issues on Highway 82.
-HOV enforcement will occur as deputies are available and as a result, deputies will not be
conducting HOV enforcement on a daily basis. This means that while the exact days and times
for enforcement are unlikely to be preplanned, the enforcement effort is expected to be ‘light’ as
was directed by the EOTC at the May 2022 meeting.
-Preliminary education efforts discussed with the Pitkin County SO, CSP and the Pitkin County
Communications Director include:
o Digital ads on the Waze mapping/commuting app
o Radio ads during drive time (APR, La Tricolor, KSPN)
o RFTA bus signs (signs on the interior of the bus, above seats)
o Dynamic message signs on HWY 82
o Short video interviews for social media (e.g. with bus drivers, deputies)
o Press releases
17) Permanent Automated Vehicle Counters - Planning, Design, Permitting, Construction (2021 Near
Term Transit Improvement Program Effort – Tier 1) - $287,500
As the Committee may recall, $200,000 was budgeted in 2022 for funding to hire a consulting and
implementation team to plan, design, permit, and construct / install a system of vehicle counters in the
Upper Valley. Currently, the only permanent counter on Highway 82 in the upper valley is at the Castle
Creek bridge. While this counter has been very beneficial over the years and should remain in place, to be
able to better track VMT, GHG emissions, and congestion over the long term, additional permanent
counters are recommended.
In 2022, Staff advertised for a contractor for this project, however no responses were received. After
reaching out to firms individually, one firm eventually expressed interest in the project. After a couple
months of discussions with this firm, the firm pulled out and decided not to pursue the project.
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At this point, the Pitkin County Telecommunications Department voiced interest in doing the design for
this project. After conversations with transportation staff, it was decided to move forward with Pitkin
County Telecommunications doing the design and then putting that design out for installation bid in the
winter of 2022 or spring of 2023. In order for Pitkin County Telecommunications to fit this project into
their work plan, the design effort was identified as beginning in the fall of 2022.
Through the RFP process, staff did learn that equipment and installation costs are more than anticipated.
And while there will likely be savings with Pitkin County Telecommunications doing the design, the
budgeted amount for this project is now recommended at $287,500.
While the specific locations of these counters are not yet identified, the general locations identified to date
are at Brush Creek Road near Highway 82, Owl Creek Road, Power Plant Road, and on Highway 82 at
the AABC / Airport. Staff will work with the design team to determine the most beneficial locations and
types of counters based on the specific circumstances.
RECOMMENDED EOTC ACTION:
- Adopt staff recommended 2023 EOTC Budget (Motion, Second, and Roll Call Vote by Jurisdiction)
Adoption of the annual EOTC budget requires resolutions of approval from the City of Aspen and Town
of Snowmass Village. Draft resolutions are attached to this memo. An affirmative vote by each
jurisdiction at the EOTC meeting authorizes signature on these resolutions.
As the fiscal agent for the EOTC, Pitkin County will formally adopt the EOTC budget, as approved by
the EOTC, as a part of the annual County budget process. As a result, the County budget approval process
will act as the County’s formal adoption in lieu of a separate resolution.
ATTACHMENTS:
1.Staff Proposed 2023 EOTC Budget
2.2023 EOTC Decision Making Matrix
3.2023 EOTC Revenue Comparison Chart
4.Memo from Aspen Skiing Company
5.Town of Snowmass Village Draft Resolution of Approval
6.City of Aspen Draft Resolution of Approval
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2023 EOTC Proposed Budget - DRAFT FOR REVIEW
EOTC Transit Project Funding Projection or Projection or
Actual Actual Budget Budget Plan Plan Plan Plan
2020 2021 2022 2023 2024 2025 2026 2027
FUNDING SOURCES:
Pitkin County 1/2% sales tax 6,787,148 8,738,030 9,873,974 8,787,837 9,359,046 9,733,408 10,122,744 10,527,654
less RFTA contribution (81.04% of 1/2% sales tax)5,500,305 7,081,300 8,001,869 7,121,663 7,584,571 7,887,954 8,203,472 8,531,611
net 1/2% sales tax funding to EOTC 1,286,843 1,656,730 1,872,105 1,666,174 1,774,475 1,845,454 1,919,272 1,996,043
Pitkin County 1/2% use tax 996,543 1,064,309 630,000 600,250 612,855 625,725 638,865 652,281
Investment income & misc.276,309 82,067 81,167 278,074 286,416 295,008 303,858 312,974
Total Funding Sources 2,559,694 2,803,106 2,583,272 2,544,498 2,673,746 2,766,187 2,861,995 2,961,298
FUNDING USES:
Ongoing / Operational
Use tax collection costs & overhead 159,491 144,669 151,525 170,790 174,547 178,562 182,669 186,870
Administrative costs & meeting costs 5,755 3,505 12,673 12,900 13,184 13,487 13,797 14,114
Country Inn taxi program in-lieu of bus stop safety improvements 3,444 2,293 7,154 7,311 7,472 7,644 7,820 8,000
X-Games transit subsidy 115,000 115,000 115,000
Brush Creek Park and Ride / DMS operating costs / Perm Vehicle Counters (starting in '24)29,993 25,972 95,000 95,000 105,000 107,415 109,886 112,413
No-fare Aspen-Snowmass-Woody Creek bus service - year-round 690,075 813,678
WE-cycle operational support 100,000 100,000 100,000 103,000 106,090 109,273 112,551 115,927
Regional Transportation Administrator 141,713 145,092 152,529 161,482 167,134 173,819 179,903 186,200
sub-total Ongoing / Operational 1,245,470 1,235,208 633,881 665,483 573,427 590,200 606,626 623,524
net funding available for projects 1,314,224 1,567,898 1,949,391 1,879,015 2,100,319 2,175,987 2,255,369 2,337,774
Projects
Variable message sign on Hwy 82 494,652 39,060
Snowmass Mall transit station (2000 Ballot Required Funding $7M - 2023 balance $5,278,787) 650,000 300,000 6,000,000
EOTC Professional Services, Regional Transportation Efforts, Special Mtgs 1,890 4,000 15,000 15,000
Brush Creek Park and Ride FLAP grant match 44,506 176,950 3,316,672
Integrated Mobility Study (IMS) / Dynamic Road Pricing Analysis 18,420 21,488 3,512 100,000
Upper Valley Transit Enhancement Study 43,915
Bike / Ped Connection from BC P&R to Rio Grande / AABC 25,000 25,000 25,000
Maroon Creek Roundabout - CDOT Reconstruction Contribution 271,000
2021 Near Term Transit Improvement Program Efforts:
Truscott to Owl Creek Trail - Feasibility, Planning, and Design (2023 total = $237,385;
2023 EOTC budget does not include $118,692 RFTA FLMM Grant)119,770 118,693
Buttermilk Crossing and Transit Signal Bypasses - Feasibility and Design (2023 total =
$301,174; 2023 EOTC budget does not include $150,587 RFTA FLMM Grant)163,840 150,587 514,678
Snowmass Direct Transit Service Improvement Analysis 35,000
HOV Lane Enforcement - CSP and Pitkin SO Support 95,000
Permanent Automated Vehicle Counters - Planning, Design, Permitting, Install 287,500
sub-total Projects 1,209,467 610,413 633,122 10,108,452 514,678 - - -
Total Uses 2,454,938 1,845,621 1,267,003 10,773,935 1,088,105 590,200 606,626 623,524
EOTC ANNUAL SURPLUS/(DEFICIT)104,756 957,485 1,316,269 (8,229,437) 1,585,641 2,175,987 2,255,369 2,337,774
EOTC CUMULATIVE SURPLUS FUND BALANCE 11,582,180 12,539,665 13,855,934 5,626,497 7,212,138 9,388,125 11,643,494 13,981,268
(284,485) 1,283,413 3,232,804 5,111,819 7,212,138 9,388,125 11,643,494 13,981,268
a) sales tax -2.05%18.00%13.00% -11.00% 6.50% 4.00% 4.00% 4.00%
b) use tax -39.6%6.8%-40.8%-4.7% 2.10% 2.10% 2.10% 2.10%
c) investment earnings rate 0.5% 0.69% 0.54% 0.75% 3.00% 3.00% 3.00% 3.00%
Revenue projections:
Unobligated EOTC Fund Balance (Current Year Operations and All Current and Future Projects)
Attachment 1
11
9
EOTC Decision Making Matrix Scoring:Greatly Exceeds 5
Exceeds 4
2023 EOTC Budget Meets 3
Combined Average ‐ Partially Meets 2
COA, TOSV, RFTA, PitCo, TA Does Not Meet 1
8/15/2022
New Requests / Efforts
Aspen Country Inn ‐
Taxi in Lieu of Bus
Stop
BC P&R FHWA
FLAP Grant Match
for P&R
Improvements
Snowmass Mall
Transit Station
X‐Games Bus
Subsidy
We‐Cycle
Operating Support
Bike/Ped
Connection from
BC P&R to Rio
Grande / AABC ‐
Feasability
Truscott to Owl
Creek Trail ‐
Feasibility,
Planning, and
Design
Buttermilk
Crossing and
Transit Signal
Bypasses ‐
Feasibility and
Initial Design
Permenant
Automated Vehicle
Counters ‐
Planning, Design,
Permitting,
Construction
HOV Lane
Enforcement
Brush Creek Park
and Ride ‐ Long‐
Term Parking IMS / Dynamic Road Pricing Analysis
Score Score Score Score Score Score Score Score Score Score Score Score
Mission:Describes what the EOTC does 2.4 4.2 3.8 3 3.2 3.4 3.5 4.2 3.8 3.6 3.1 3.4
Work collectively to reduce and manage
the volume of vehicles on the road and
parking system and continue to develop
and support a comprehensive multimodal,
long‐range strategy that will insure a
convenient, equitable and efficient
transportation system for the Roaring Fork
Valley.2.4 4.2 3.8 3 3.2 3.4 3.5 4.2 3.8 3.6 3.1 3.4
Vision: Describes where the EOTC is going 2.2 4.6 4 3 3.6 3.6 3.9 3.8 3.5 3.9 3.2 3.0
We envision the Roaring Fork Valley as the
embodiment of a sustainable
transportation system emphasizing mass
transit and mobility that contributes to the
happiness and wellbeing of residents and
visitors. 2.2 4.6 4 3 3.6 3.6 3.9 3.8 3.5 3.9 3.2 3.0
Guiding Principles:Describes the principles to be enacted as the EOTC
pursues it's Vision 6.4 13 12 8.6 9.8 11.6 9.9 10.8 10.5 9.7 8.7 9.0
Environmental Sustainability
All projects will promote a balanced natural and built
environment while reducing greenhouse gas
emissions.1.6 4.2 4 2.6 3.4 3.8 3.6 3.3 3.4 3.5 2.6 3.6
Economic Sustainability
Efforts will strive to increase emergency and economic
resiliency while considering the financial, legal and
physical practicality of each project.
2.2 4 3.8 3 2.8 3.4 2.9 3.5 3.8 3.2 3.3 3.2
Social Sustainability
Encourage a top‐line transportation experience for all
residents and visitors while striving to increase equity,
proximity, reliability, and efficiency of the network to
meet the transportation needs of all people. 2.6 4.8 4.2 3 3.6 4.4 3.4 4.0 3.3 3.0 2.8 2.2
Key Strategies:Describes how the EOTC will move toward enacting
it's Guiding Principles and realizing it's Vision 6.2 12.8 12 9.6 11 10.8 8.3 10.7 9.0 10.7 7.9 10.4
Multi‐Modal Network that Encourages
Mode Shift
All decisions will support public mass transit and
mobility. In addition, new technologies that support
mode shift away from private vehicles will be
embraced. 2.4 4.6 4.4 3.6 4.2 3.8 3.3 3.7 2.8 3.9 2.8 4.6
Regionalism and Cross‐Sector Approach
All decisions will consider the needs of the whole
Roaring Fork Valley as well as the context of the
greater regulatory and community environment, such
as housing and land use controls. 1.8 3.8 3.6 3.4 3.4 3.4 2.3 3.5 3.0 3.2 2.7 3.0
Communication and Inter‐Governmental
Engagement
The EOTC will strive to communicate and engage with
local stakeholders, citizens, partner organizations, and
other local, State and Federal government agencies to
support its Mission, Vision, and Guiding Principles and
implement its Key Strategies.2 4.4 4 2.6 3.4 3.6 2.7 3.5 3.2 3.6 2.4 2.8
Total Score 17.2 34.6 31.8 24.2 27.6 29.4 25.6 29.5 26.8 27.9 22.9 25.8
XX X X X
XXXXXXX
XXXX XXX X
X XXXXX X
XXXXXXXXXX X
XX XXXX X
X XXXXX X
XX XXXXXX X
XX X
Multi‐Modal Hub and Transit Connections to Airport / AABC
Multi‐Modal Solution to Entrance to Aspen
Snowmass Village to BC P&R Service Commensurate with Highway 82 Corridor Transit Service
Electrification of Transit System
Existing Obligations / Previously Scored Projects
First and Last Mile Solutions
Transit Speed, Accessibility, Reliability, and Efficiency Enhancements
Congestion Mitigation Measures
Technologies and Innovation to Encourage Mode Shift
Bike and Pedestrian Connections to Transit Stops and BC P&R
Criteria ‐EOTC Strategic Plan Description of Criteria
Park and Ride Improvements
Place "X" in cell if the expenditure meets Priority
Regional Priorities ‐ EOTC CVTP
Upper Valley Priorities ‐ EOTC CVTP
Attachment 2
12
0
Attachment 3
2018 - 2021Revenue Comparison and 2022 Projections
2018, 2019, and 2020 Actual Revenues 2022 Revenue Projection –
Est. as of October 2021
(2022 Draft Budget)
Revenue
Destination
2018
Revenue -
Actual
2019
Revenue –
Actual
2020
Revenue -
Actual
2021
Revenue –
Actual
Dollar
Change and
Percent
Change –
Actual
(2020 &
2021)
2022
Revenue –
Projected
Dollar
Change and
Percent –
2021 & 2022
Pitkin County
0.5% Transit
Sales Tax
RFTA
(81.04%)
$4,594,862 $5,615,494 $5,500,305 $7,081,300 $1,580,995
28.8%
$8,001,869 $920,569
13%
EOTC
(18.96%)
$1,075,007 $1,313,793 $1,286,843 $1,656,730 $369,887
28.8%
$1,872,105 $215,375
13%
Pitkin County
0.5% Transit
Use Tax
EOTC $1,484,002 $1,648,572 $996,543 $1,064,309 $67,766
6.8%
$630,000 - $434,309
- 40.8%
Investment
Income
EOTC $166,211 $295,008 $276,309 $82,067 - $194,242
- 70.3%
$81,167 - $900
- 1.1%
Total EOTC
Annual
Revenues
EOTC $2,725,220 $3,257,373 $2,559,694 $2,803,106 $243,412
9.5%
$2,583,272 -$219,834
-7.8%
121
To: Elected Officials Transportation Committee
From: Aspen Skiing Company
Date: September 2, 2022
Re: 2023-24 X Games Aspen Funding Request
In 2022, Aspen Snowmass hosted the 21st consecutive X Games at Buttermilk Mountain with the support of
our community partners. The event welcomed back the energy and vitality of spectators while showcasing
everything our amazing resort and community has to offer on media platforms across the globe and providing
top-tier winter sports athletes a platform to showcase their talents leading up to the Olympics.
It took seamless collaboration between multiple local agencies, ASC and ESPN to pull off an event of this
caliber. Event access required proof of vaccination and enabled us to safely host another major winter sports
event during the pandemic and added to the blueprint of successfully hosting pandemic events both near and
far.
The outcome of the community’s efforts resulted in another year of impressive coverage of X Games Aspen.
2022 Recap
22 hours of Live TV/Online coverage reaching tens of millions across the US in original programming
Televised and packaged for rebroadcast globally to 190 countries and more than 500MM homes
73+% between ages 18-34
Coverage and mentions during Olympic broadcast
Looking forward to the 2023 X Games, January 27-29, 2023, we remain optimistic that we will see increased
visitation, on-site activations along with all the energy and vitality of a younger demographic coming to visit
the resort but will still remain flexible and fluid leading up to the event.
Much like last year, a lot can change between now and January 27th so we are again requesting the
$115,000 contribution from the EOTC in the form of a reimbursement instead of an upfront commitment.
Thank you for EOTC’s continued support of this valuable community initiative.
Joey Woltemath
Director of Event Operations
Aspen Skiing Company
X Games Aspen
Attachment 4
122
TOWN OF SNOWMASS VILLAGE
RESOLUTION NO.
SERIES OF 2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE,
COLORADO, APPROVING THE 2023 BUDGET FOR THE PITKIN COUNTY 1/2 CENT
TRANSIT SALES AND USE TAX
WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the
Pitkin County Board of County Commissioners (the "Parties") have previously identified
general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are
eligible for funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated
May 3rd, 2021 which identifies the method and process by which the Parties are to implement
the Plan; and
WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered
and approved the attached 2023 budget for the Pitkin County one-half cent transit sales and
use tax; and
WHEREAS, the Town of Snowmass Village Council now desires to ratify the budget
approval given at the EOTC meeting by adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of
Snowmass Village, Colorado, that the 2023 budget for the one-half cent transit sales and
use tax is hereby approved.
READ, APPROVED, AND ADOPTED by the Town Council of the Town of
Snowmass Village, Colorado on the 27 of October, 2022, upon a motion made by Council
Member __________, the second of Council Member __________, and upon a vote of ___
in favor and ___ opposed.
TOWN OF SNOWMASS VILLAGE
_________________________
Bill Madsen, Mayor
Attachment 5
123
APPROVED AS TO FORM
________________________
John Dresser, Town Attorney
ATTEST:
_________________________
Megan Boucher, Town Clerk
Attachment 5
124
RESOLUTION NO. ____
SERIES OF 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE 2023 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES
AND USE TAX
WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners
and the Town Council of Snowmass Village (the "Parties") have previously identified general
elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for
funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May
3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan;
and
WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and
approved the attached 2023 budget for the Pitkin County one-half cent transit sales and use tax;
and
WHEREAS, the City of Aspen wishes to ratify the approvals given at the EOTC meeting by
adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the attached 2023 budget for the one-half cent transit sales and use tax is hereby
approved.
RESOLVED, APPROVED, AND ADOPTED this 27 day of October, 2022, by the City
Council for the City of Aspen, Colorado.
_________________________
Torre, Mayor
I, Nicole Henning, 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 27, 2022.
_________________________
Nicole Henning, City Clerk
Attachment 6
125
AGENDA ITEM SUMMARY
EOTC MEETING DATE: October 27, 2022
AGENDA ITEM TITLE: EOTC 2023 Work Plan
STAFF RESPONSIBLE: David Pesnichak, Transportation Director
ISSUE STATEMENT: Attached for review and approval is the Proposed 2023 Work Plan. This Work
Plan is to provide transparency in the work efforts proposed to advance the 2020 EOTC Strategic Plan
and 2020 EOTC Comprehensive Valley Transportation Plan (CVTP). In addition to the work items, this
Plan also recommends meeting dates for 2023 along with topical focus areas for each of the EOTC
meetings.
BACKGROUND: The EOTC has many work items that need to be addressed in the coming years. In
order to ensure we are all moving in an agreed upon direction, staff has created the attached 2023 Work
Plan. The creation of an annual Work Plan is a requirement of the EOTC Strategic Plan.
This Plan is to bring together the following work projects facing the EOTC through 2023. This Plan is not
intended to be all-inclusive and is anticipated to be updated as needed.
Note that while the Work Plan includes all proposed projects to be undertaken by the EOTC in the
coming year, some projects also require a budget expenditure to proceed. Following each of the projects
listed below is a note whether that project is “Work Plan only” with no requested budgetary allocation or
is “Work Plan and Budget” which do require a budgetary allocation to move forward. Projects that
require a budgetary allocation are more fully described in the Budget memo. The following projects are
proposed within the attached Work Plan:
2023:
- Brush Creek Park and Ride
- Develop Partnership with Holy Cross Energy for EV Charger Install (Work Plan only)
- Bike / Ped Connection to Rio Grande / AABC Feasibility Study – Public Outreach (Work Plan
and Budget)
- FLAP Improvements - Construction (Work Plan and Budget)
- Food Truck /Farm Stand Experiment – Permitting for annual implementation, if successful
(Work Plan only)
- 2021 EOTC Near Term Transit Improvement Program
-Truscott to Owl Creek Trail – Planning, Design, Public Input, Identification of Funding Sources
(Work Plan and Budget)
126
- Buttermilk Bike/Pedestrian Crossing and Transit Signal Bypasses - Planning, Stakeholder
Outreach, Initial Design, and Partnership and Funding Identification (Work Plan and Budget)
-HOV Lane Enforcement (Work Plan and Budget)
-Analysis of Up Valley and Down Valley Service Enhancements to Snowmass (Work Plan and
Budget)
-Additional Permanent Automated Vehicle Counters (Work Plan and Budget)
- Dynamic Road Pricing – Congestion Management Analysis (Work Plan and Budget)
- Participate in Snowmass Transit Center, Airport, and Regional Transportation Planning / Visioning, as
appropriate
2024:
- Brush Creek Park and Ride
- Recommendation on Long-Term Parking Plan (Parking over 24 hours)
- Food Truck /Farm Stand – Manage Food Truck / Farm Stand, if permitted
- 2021 EOTC Near Term Transit Improvement Program
-Truscott to Owl Creek Trail – Finalize Construction Bid Documents, RFP for Construction
- Buttermilk Bike/Pedestrian Crossing and Transit Signal Bypasses - Complete Design and
Engineering
- HOV Enforcement – Continue program if successful in 2023
-Participate in Snowmass Transit Center, Brush Creek P&R Development, Airport, and regional
transportation planning / visioning, as appropriate
In addition to the above actions, the Work Plan also identifies the responsible party, preliminary timeline,
expected outcome and the link to the Strategic Plan and CVTP from the action.
The Work Plan includes the following regular meeting / retreat dates, host, and topic area for 2023:
Date Location Time Estimate Anticipated Topic
March 30,
2023
(Thursday)
Pitkin County 4pm to 6pm Snowmass Transit Connection Analysis Report Out
and Review
Brush Creek Park and Ride to AABC Trail
Connection Public Outreach Report Out and Review
June 29,
2023
(Thursday)
Town of
Snowmass
Village
4pm to 6pm Truscott to Buttermilk Trail Alignment and Project
Review
Buttermilk Crossing and Transit Bypass Lanes
Project and Overpass/Underpass Review
August 31,
2023
(Thursday)
Pitkin County 4pm to 6pm Dynamic Road Pricing – Congestion Management
Analysis Report Out and Review
October 26,
2023
(Thursday)
City of Aspen 4pm to 6pm 2024 Budget and Work Plan
127
The Work Plan also calls for additional meetings, if necessary, in order to complete necessary tasks
identified within the Plan.
BUDGETARY IMPACT:
Staff has proposed a line item for $15,000 in 2023 to help support this Work Plan, including the 2023
meetings, as needed professional services, other low-cost efforts that advance the EOTC Strategic Plan
and CVTP, or other materials as needed.
RECOMMENDED ACTION:
- Adopt staff recommended 2023 EOTC Work Plan and Meeting Schedule
(Motion, Second, and Roll Call Vote by Jurisdiction)
Adoption of the annual EOTC Work Plan and Meeting Schedule requires resolutions of approval from the
City of Aspen, Town of Snowmass Village, and Pitkin County. Draft resolutions are attached to this
memo. An affirmative vote by each jurisdiction at the EOTC meeting authorizes signature on these
resolutions.
ATTACHMENTS:
1.2023 Draft EOTC Work Plan and Meeting Schedule
2.Town of Snowmass Village Draft Resolution of Approval
3.City of Aspen Draft Resolution of Approval
4.Pitkin County Draft Resolution of Approval
128
EOTC Work Plan and Meeting Schedule – DRAFT 2023
2023
Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Brush Creek P&R: Develop Partnership with HCE for EV Charger Install Bike / Ped Connection to Rio Grande / AABC – Public Outreach
FLAP Improvements – Construction
Food Truck / Farm Stand – Experiment
EOTC Staff
EOTC Staff in Partnership with PitCo and COA Open Space and Trails
EOTC Staff in Collaboration with RFTA, CDOT, FHWA, COA, and TOSV EOTC Staff
All Year
All Year – Report out at completion of public outreach
All Year
All Year
Develop Partnership for Installation of EV Chargers following Completion of FLAP Improvements. With feedback from EOTC in 2022 on Feasibility Study, Public Outreach will be Conducted in 2023 with Outcomes brought back to EOTC for Consideration. Construction of Approved FLAP Improvements.
If successful, resubmit Location and Extent application with Pitkin County to allow one food truck on annual basis.
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Electrification of Transit System
Attachment 1
129
2021 EOTC Near Term Transit Improvement Program: Truscott to Owl Creek Trail
Buttermilk Bike / Pedestrian Crossing and Transit Signal Bypasses HOV Lane Enforcement
Analysis of Up Valley and Down Valley Service Enhancement to Snowmass
Additional Permanent Automated Vehicle Counters Dynamic Road Pricing – Congestion Management Analysis
EOTC Staff
EOTC Staff
EOTC Staff
EOTC Staff
EOTC Staff
EOTC Staff
All Year – Report Out for Review of Alignment All Year – Report Out for Review of Overpass vs. Underpass
All Year
All Year – Report Out for Review of Report Completed in 2022
All Year
All Year – Report Out at Completion
Planning, Stakeholder Outreach, Design, and Partnership and Funding Identification. Planning, Stakeholder Outreach, Initial Design, and Partnership and Funding Identification.
Implement Enforcement Based on Direction Obtained from EOTC in May 2022. Snowmass transit connection analysis to evaluate transit effectiveness and efficiency, and determine cost, frequency, and expected utilization of increased / enhanced service levels. Plan, Design, Permit, Construct Additional Vehicle Counters in Key Locations within Upper Valley
Progress outcome from EOTC 2022 retreat to further evaluate two identified VMT and GHG reduction measures using dynamic road pricing: managed lanes and congestion pricing on all lanes. Analysis to include additional and updated traffic data collections and
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Lot Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service
Attachment 1
130
development of “concept of operations” for dynamic road pricing options to incentivize transit including options to address equity concerns. Participate in Snowmass Transit Center, Airport, and Regional Transportation Planning / Visioning
Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative
2024
Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Brush Creek P&R: Recommendation on Long-Term Parking Plan
Food Truck / Farm Stand
EOTC Staff
EOTC Staff
All Year
All Year
Staff Recommendation on how Long-Term Parking (over 24 hours) could be Accommodated and Managed Manage and Execute Food Truck / Farm Stand if Permitted.
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Multi-Modal Solution to Entrance to Aspen
Attachment 1
131
2021 EOTC Near Term Transit Improvement Program: Truscott to Owl Creek Trail
Buttermilk Bike / Pedestrian Underpass and Transit Signal Bypasses HOV Lane Enforcement
EOTC Staff
EOTC Staff
EOTC Staff
All Year
All Year
All Year
Finalize Construction Bid Documents, RFP for Construction Complete Design and Engineering
If successful in 2023, continue in 2024
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Lot Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen Participate in Snowmass Transit Center, Brush Creek P&R Development, Airport, and regional transportation planning / visioning
Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative
Attachment 1
132
2023 EOTC Scheduled Meeting Dates
Date Location Time Estimate Anticipated Topic
March 30, 2023 (Thursday) Pitkin County 4pm to 6pm Snowmass Transit Connection Analysis Report Out and Review Brush Creek Park and Ride to AABC Trail Connection Public Outreach Report Out and Review June 29, 2023 (Thursday) Town of Snowmass Village 4pm to 6pm Truscott to Buttermilk Trail Alignment and Project Review Buttermilk Crossing and Transit Bypass Lanes Project and Overpass/Underpass Review August 31, 2023 (Thursday) Pitkin County 4pm to 6pm Dynamic Road Pricing – Congestion Management Analysis Report Out and Review
October 26, 2023 (Thursday) City of Aspen 4pm to 6pm 2024 Budget and Work Plan
Note: Additional meeting may be necessary in order to complete necessary tasks identified within this Plan.
Attachment 1
133
TOWN OF SNOWMASS VILLAGE
RESOLUTION NO.
SERIES OF 2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE,
COLORADO, APPROVING THE 2023 WORK PLAN FOR THE ELECTED OFFICIALS
TRANSPORTATION COMMITTEE (EOTC)
WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the
Pitkin County Board of County Commissioners (the "Parties") have previously identified
general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are
eligible for funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated
May 3rd, 2021 which identifies the method and process by which the Parties are to implement
the Plan; and
WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered
and approved the attached 2023 work plan for the Pitkin County one-half cent transit sales
and use tax; and
WHEREAS, the Town of Snowmass Village Council now desires to ratify the work
plan approval given at the EOTC meeting by adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of
Snowmass Village, Colorado, that the 2023 work plan for the one-half cent transit sales and
use tax is hereby approved.
READ, APPROVED, AND ADOPTED by the Town Council of the Town of
Snowmass Village, Colorado on the 27 of October, 2022, upon a motion made by Council
Member __________, the second of Council Member __________, and upon a vote of _ in
favor and _ opposed.
TOWN OF SNOWMASS VILLAGE
_________________________
Bill Madsen, Mayor
Attachment 2
134
APPROVED AS TO FORM
________________________
John Dresser, Town Attorney
ATTEST:
_________________________
Megan Boucher, Town Clerk
Attachment 2
135
RESOLUTION NO. ____
SERIES OF 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE 2023 WORK PLAN FOR THE ELECTED OFFICIALS
TRANSPORTATION COMMITTEE (EOTC)
WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners
and the Town Council of Snowmass Village (the "Parties") have previously identified general
elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for
funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May
3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan;
and
WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and
approved the attached 2023 work plan for the Pitkin County one-half cent transit sales and use tax;
and
WHEREAS, the City of Aspen wishes to ratify the approvals given at the EOTC meeting by
adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the attached 2023 work plan for the one-half cent transit sales and use tax is hereby
approved.
RESOLVED, APPROVED, AND ADOPTED this 27 day of October, 2022, by the City
Council for the City of Aspen, Colorado.
_________________________
Torre, Mayor
I, Nicole Henning, 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 27, 2022.
_________________________
Nicole Henning, City Clerk
Attachment 3
136
1
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (“BOCC”) OF PITKIN COUNTY,
COLORADO ADOPTING THE 2023 ELECTED
OFFICIALS TRANSPORTATION COMMITTEE
(“EOTC”) WORK PLAN
RESOLUTION NO. ______, 2022
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
(“HRC”) official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the
Pitkin County Board of County Commissioners (the "Parties") have previously identified
general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are
eligible for funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May
3rd, 2021 which identifies the method and process by which the Parties are to implement
the Plan; and
WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and
approved the attached 2023 work plan for the Pitkin County one-half cent transit sales and
use tax; and
WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and
approved the attached 2023 work plan hereto as Exhibit “A”, and;
WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution of the Board of County
Commissioners (“BOCC”) of Pitkin County, Colorado adopting the 2023 EOTC work plan
and authorizes the Chair to sign the Resolution and upon the satisfaction of the County
Attorney as to form, execute any other associated documents necessary to complete this
matter.
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS BY A MAJORITY
VOTE AFTER A DULY NOTICED PUBLIC HEARING, AT THE ELECTED OFFICIAL
TRANSPORTATION COMMITTEE MEETING HELD ON OCTOBER 27, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Attachment 4
137
2
By _________________________ By: _____________________________
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
John Ely, County Attorney Jon Peacock, County Manager
Effective 01-01-2020
Attachment 4
138
AGENDA ITEM SUMMARY
EOTC MEETING DATE: October 27, 2022
AGENDA ITEM TITLE: Transportation Director Updates
STAFF RESPONSIBLE: David Pesnichak, Transportation Director
ISSUE STATEMENT: This memo is intended to keep the EOTC up to date on efforts that are within or
could affect areas within the EOTC’s purview. The updates included in this memo are as follows.
a)Status Update on 2021 EOTC Near Term Transit Improvement Program
b)Food Truck at Brush Creek Park and Ride
c)Town of Snowmass Village Transit Center – Progress Update
(Provided by Sam Guarino, Transportation Director, Town of Snowmass Village)
BACKGROUND: The following update is provided for EOTC information.
a.Status Update on 2021 EOTC Near Term Transit Improvement Program
As the EOTC members may recall, at the July 29, 2021 EOTC meeting, the Committee adopted
the 2021 EOTC Near Term Transit Improvement Program.
The purpose of this Program is to identify the near term priority projects to improve transit
within the Upper Valley. As originally anticipated, starting with the 2022 budget year staff has
utilized this document to development the 2023 EOTC budgets and work plans.
Staff is currently working through the identified Tier 1 priorities, which have been appropriately
budgeted and / or identified in the 2022 Work Plan. Work on the Tier 1 priorities is proposed to
continue in 2023. Additional work is proposed to continue on Dynamic Road Pricing in 2023
based on the feedback received at the April 2022 EOTC Retreat. As a long term effort, Dynamic
Road Pricing is identified as a Tier 3 priority within the Near Term Transit Improvement
Program.
Please see Attachment 1 for an update overview of each of the projects within the Near Term
Transit Improvement Program.
139
b. Food Truck at Brush Creek Park and Ride – Progress Update
A one-year food truck / farm stand experiment is currently permitted by Pitkin County to take
place for one season between 2022 and 2025. The current County permit limits a food truck/farm
stand for one season with any additional seasons requiring additional County permitting pending
favorable data on the food truck promoting transit and carpooling from the Park and Ride.
Through the 2022 EOTC Work Plan amendment process that took place in February 2022, Staff
heard from the elected officials that having a food truck at the Park and Ride in 2022 was a high
priority. As a result, transportation staff worked with the Pitkin County Community
Development Department, CDOT, and the City of Aspen Attorney’s Office to make this happen
in 2022.
While Pitkin County Community Development worked to streamline the permit amendment and
approval process, CDOT amended their typical process to allow the City of Aspen to sublet to
the vendor instead of having a lease signed directly with CDOT (saving up to two months). In
order to streamline the vendor selection process, the Transportation Director contacted vendors
who had previously expressed interest but did not submit a proposal in previous years to see if
there was current interest (this is the first time a vendor has submitted a proposal). One vendor
expressed interest in setting up at the Park and Ride in 2022 and has been onsite since spring
2022. Electric service was also installed onsite for the vendor’s use this season.
The vendor is permitted to operate between 6 am and 6 pm between May 1 and September 30.
While the current permit is only for one season and the Park and Ride is anticipated to be under
construction in 2023, the vendor understands that it is unlikely the food truck will be able to be
onsite in 2023. In the longer term, Staff anticipates submitting a Location and Extent permit
application to Pitkin County in 2023 to make the placement of a food truck at the Park and Ride
a regular seasonal event starting in 2024.
140
c.Town of Snowmass Village Transit Center – Progress Update
(Provided by Sam Guarino, Transportation Director, Town of Snowmass Village)
_____________________________________________________________________________________
141
BUDGETARY IMPACT:
None at this time.
RECOMMENDED ACTION:
None at this time.
ATTACHMENTS:
1.2021 EOTC Near Term Transit Improvement Program with Project Tracking
142
Project Name IMS Tenant Project Attribute(s)
Relative
Implementation
Cost ($‐$$$)Notes Project Tracking
Tier 1
Aspen Country Inn Trail
Improvements to Bike /
Ped Underpass and
Transit Stops at Truscott
and Buttermilk **
BRT
Enhancements Higher value to dollar ratio $
Important bike / ped connection to
transit for senior housing and service
destinations. Basic infrastructure
connection. Move to concept plan in
2021.
PROGRAMMING: 2022/2023 Feasibility,
Planning, Design, Stakeholder
Engagement, Construction Funding
Identification ‐ Budget $200k & Work
Plan; Cost Estimate: $200k total design,
$1,050,000 total construction = Total
$1.25M (Mead and Hunt ‐ 8‐19‐21).
RFP closed April 8, 2022. 2 proposals
received. SGM under contract. Public
Outreach and Design beginning in
summer/fall 2022. Report out in 2023.
Design and Feasibility
Review of Maroon Creek
Roundabout Down Valley
Channelization and Down
Valley Queue Jump at
Cemetery Lane **
BRT
Enhancements Higher value to dollar ratio $$ (design only)
Move to design and permitting to
further evaluate feasibility. Initial
rollout anticipated as an experiment.
Requires CDOT approved design and
permitting. Potential benefit to all
motorized roadway users including
transit. Channelization likely to be
seasonal due to snow removal issues.
Move to concept plan in 2021.
Fatal Flaw Identified, STOP 8‐26‐21 ‐
Radii analysis shows incompatibility
with WB‐67s and RFTA MCI Coaches;
Cost Estimates: $30k queue jump &
$25k channel design, $200k queue
jump & $21,500 channelization install =
Total $276,500 (Mead and Hunt ‐ 8‐19‐
21).
Design and Feasibility
Review of Harmony / Owl
Creek Transit Signal
Bypass Lane and
Buttermilk Bike / Ped
Crossing **
BRT
Enhancements Higher value to dollar ratio $$ (design only)
First move to design to make eligible
for funding. Superior bike / ped
protection crossing Hwy 82 and
increased transit speed and reliability.
High construction cost. Move to
concept plan in 2021.
PROGRAMMING: 2022/2023 Feasibility,
Stakeholder Engagement, and Initial
Design ‐ Budget $200k & Work Plan;
Cost Estimate: $830k underpass /
bypass lane design, $8.570M
construction = Total $9.4M (Mead and
Hunt ‐ 8‐19‐21). RFP closed April 8,
2022. 1 proposal received. SGM under
contract. Public Outreach and Design
beginning in summer/fall 2022. Report
out in 2023.
HOV Lane Enforcement
Analysis
HOV Lane
Enforcement Important Preliminary Effort $ (analysis only)
Necessary to determine best
alternatives for HOV enforcement
options (automated vs. personnel).
Could require a phased
implementation.
PROGRAMMING: 2022 Staff Analysis /
2023 Implementation. EOTC gave
direction to move forward with
budget/enforcement at May 2022 Mtg.
$90k budget proposed for 2023 w/
$60k to PitCo SO and $30k to CSP on
reimbursement basis. Enforcement to
be combined with public outreach.
Budget to be proposed to EOTC in
October.
Analysis of Up Valley and
Down Valley BRT Direct
Service to Snowmass
BRT
Enhancements Higher value to dollar ratio $ (analysis only)
Aspen to Snowmass, and Snowmass to
down valley transit connection analysis
to evaluate transit effectiveness and
efficiency, and determine cost,
frequency, and expected utilization of
increased/enhanced service levels.
Current BRT connecting service to
remain in place.
PROGRAMMING: 2022 Budget $50k &
Work Plan. Currently recruiting for
consulting team ‐ RFP advertised,
closed 2/11/22. Marc Warner of
Warner Transportation is under
contract for study. Study in progress.
Report out in 2023.
Additional Permanent
Automated Vehicle
Counters on Brush Creek
Road, Owl Creek Road,
Airport/AABC and
Highway 82 in Pitkin
County
Congestion
Reduction
Measures Important Preliminary Effort $$
Additional vehicle counters are
necessary to monitor program success,
VMT and greenhouse gas emissions
over the long term.
PROGRAMMING: 2022/2023 Planning,
Permitting, Design, and Install Budget
$287k & Work Plan. No responses to
RFP received in 2022. Project
postponed. Design to be conducted by
PitCo Telecomm in Fall 2022.
Anticipated bid advertising in Winter
2022 for Spring 2023 construction.
2021 EOTC Near‐Term Transit Improvement Program ‐ Approved July 29, 2021 ‐ Administrative Direction ‐ UPDATED 09‐23‐22
First Priority ‐ Higher value* to dollar ratio and / or Important preliminary effort
Attachment 1
143
Tier 2
Pilot Ridesharing app for
Commuters Ride Sharing Dependent on Tier 1 Effort $‐$$
Effort dependent on HOV lane
enforcement implementation for
highest level of effectiveness. May be
able to use results of RFTA's 2021 First
Last Mile Mobility (FLMM) Study to
guide this effort. Ongoing cost and staff
time unknown.
Pending
Analysis of Regional Ride
Hailing and Car Sharing
Service
Ride Sharing
and Ride Hailing Lower value to dollar ratio $ (analysis only)
Potentially lower relative benefits to
transit ridership, GHG emissions, and
VMT reductions. Analysis necessary to
determine service scope, type and
ensure service supports transit. May be
able to use results of RFTA's 2021 First
Last Mile Mobility (FLMM) Study to
guide this effort.
Pending
Analysis of Valley Wide
Commuter Parking, EV
Charging, and Ride Hailing
/ Sharing Pick Up / Drop
Off Locations
Congestion
Reduction
Measures, Ride
Sharing, and
Ride Hailing Important Preliminary Effort $ (analysis only)
Necessary to determine amount and
location of needed parking, appropriate
parking pricing, and incentives via EV
charging placement to encourage
transit ridership.
Pending
Tier 3
Service Center Road
Signalization and Hwy 82
Brush Creek P&R to
Airport Speed Limit
Reduction
BRT
Enhancements
Hold status due to dependence
on efforts outside EOTC purview
and Significant legal hurdles $$
Relatively expensive improvement.
Gains in vehicular and bike / ped safety
accessing transit. Hold due to ongoing
design of new airport terminal and
layout. Speed limit reduction to be
reviewed by CDOT and possibly
incorporated with signalization of
intersection. Would require amending
Access Control Plan with CDOT.
Hold
Extension of HOV Lanes
Up Valley from Airport
and / or Down Valley of
Maroon Creek
Roundabout
BRT
Enhancements
Significant legal hurdles and
Significant cost $$
Initial construction cost of exclusive bus
lanes must be reimbursed to EOTC if
any loss of exclusive bus lanes occurs.
Source of reimbursement funds is
unknown and amount of initial
construction cost reimbursement could
be high. Potential conflicts with ROD.
Only to be pursued if 1) no loss to bus
only lane can be achieved and 2)
effective HOV lane enforcement is in
place.
Hold
Dynamic Road Pricing
(Cordon Pricing or
Managed / HOT Lane)
Congestion
Reduction
Measures
Significant legal hurdles and
Significant cost $$$
Significant legal hurdles as State law
would need to be amended to allow for
cordon pricing. Cordon pricing or
managed lane would require significant
permitting, operational infrastructure,
and partnerships. Implementation,
public relations and maintenance costs
expected to be high for either cordon
or managed lanes. Potential legal
hurdles if bus only lanes are converted
to HOT lanes. Amendment or new Hwy
82 EIS / ROD is necessary. Additional
analysis is necessary. Could have
significant positive impacts on GHG
emissions and VMT if implementable.
Presentation and Discussion of
Alternatives at April 28, 2022 EOTC
Retreat. Feedback from EOTC at
Retreat to continue evaluation of both
All‐Lane Pricing and Managed Lanes.
Scope of Work solicited from Fehr and
Peers. 2023 analysis budget included in
EOTC 2023 budget. Report out in 2023.
Sage Way Sidewalk
Extension
BRT
Enhancements
Hold status due to dependence
on efforts outside EOTC purview $
Hold pending implementation of Access
Control Plan to be triggered by Airport
redevelopment and/or large
developments within the AABC.
Hold. Potential implementation as a
part of BC P&R to AABC Trail
Connection.
Second Priority ‐ Lower value* to dollar ratio and / or Dependent on Tier 1 effort
Third Priority ‐ Hold status due to dependence on efforts outside EOTC purview, Significant cost, and / or Significant legal hurdles
Attachment 1
144
Signal Timing for Transit
Speed and Reliability
Improvement
BRT
Enhancements Not to be pursued at this time $$
Limited deployment in Pitkin County
modeling showed very little
effectiveness. Additional modeling for
entire Hwy 82 corridor may
demonstrate ability to substantively
improve transit speed and reliability.
N/A
Airport Terminal BRT
Routing
BRT
Enhancements Not to be pursued at this time $$$
Dependent on Airport terminal
redevelopment. Very expensive
improvement as down valley BRT line
would need to be grade separated to
and from the Airport in order to
maintain current transit times. Gains in
access at airport terminal only with
possible detriment to greater BRT
system. Significant transit operational
issues to be overcome. Other options
should be analyzed first.
N/A
HAWK Beacon at Aspen
Country Inn
BRT
Enhancements Significant cost $$
Relatively significant implementation
cost relative to number of users.
N/A
* "Value" is determination based on efforts' ability to support transit through increased access, speed and reliability; reduce greenhouse gas emissions (GHG); and reduce vehicle
miles traveled (VMT)
** Efforts are proposed to be carried forward in the second half of 2021 for development of conceptual design by Mead and Hunt utilizing remaining UVTE study funds
Other Efforts Considered ‐ Not to be Pursued at this Time
Attachment 1
145