Loading...
HomeMy WebLinkAboutagenda.council.regular.20030210 CITY COUNCIL AGENDA February 10, 2003 5:00 P.M. I) Call to Order II) Roll Call /Il) Scheduled Public Appearances a) Outstanding Emptoyee Bonus Awards /Vi Citizens Comments & Petitions (Time for any citizen to address Counci! on issues NOT on the agenda. P/ease/imityourcomments to 3 minutes) V) Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI) Consent Calendar (These matters may be adopted together by a single motion)f~?.¢¢ a) Resolution #5, 2003 - Sale Contract "Old Pro Shop" to Aspen Junior Golf b) Resolution #9, 2003 - Opposition to Senate Bill 03-154 c) Resolution #10, 2003 - Zoline Second Amendment to Pre-annexation agreement d) Resolution #11. 2003 - CMAC Grant Spending Authority e) Minutes -January 13, 27, 2003 Vl~) First Reading of Ordinances ~ a) Ordinance #11 2003 - Code Amendment - Noise P.H. 3J10/03 b) Ordinance #12 2003 - Wheeler Fees P.H. 2~24~03 c) Ordinance #13. 2003 - Maroon Creek Road Annexation Zoning P.H. 3/10/03 VIII) Public Hearings'bl~t° [~¢a) Expansion of Farmer's Market b) Ordinance ¢¢4, 2003 - Qwest/City of Aspen Annexation~.~/.~ c) Ordinance #9, 2003 - Efficient Building Regulations ~ d) Ordinance #10, 2003 - Code Amendment Energy Consedcation Code(~ e) The Residence at The Little Nell - Continue to 2/24 IX) Action Items a) ARC/Ice Garden Operational Levels Discussion X) Information Items Xl) Adjournment Next Regular Meeting February 24, 2003 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK, APPROXIMATELY 7 P.M. P1 Ill& Memorandum To: Mayor & City Council CC: File ~ From: Rebecca Doane: Human Resources Date: February 4, 2003 · S 4th Re: Outstanding Employee Bonus Award - Quarter, 2002 Outstanding Employee Bonus Awards for 4th Quarter, 2002 are: Amy Fustanio - Kids First Martha Horan - Wheeler Eric Ross, Brian Nichols, Rick Magnusson - Police Chris Bendon - Corn/Der Denise Driscoll, Stephen Kanipe - Com/Dev Ruth Kinney - IS KIDS FIRST Center January 30, 2003 Congratulations to Amy Fustanio THE CiTY OFASPEN City of Aspen Outstanding Employee Award I am thrilled to congratulate Amy for receiving this award from the City of Aspen. Amy has been the Kids First Program Coordinator for 2 years. Amy excels every day and goes out of her way to capture a special opportunity in addition to getting her tasks completed. I feel fortunate to have Amy as a critical member of our great team at Kids First. Her recent efforts have been a major influence that has resulted in over $72,000 of new money to our community, our schools, our childcare programs, and the'City of Aspen for childcare services for young children, Amy's commitment to City of Aspen's values, her enthusiasm for her work and dedication to our team is demonstrated daily. Thank you Amy. Amy is our primary contact for families looking for childcare. She will make numerous follow-up phone calls if a client is having problems; Amy also has provided all Spanish translation and interpretation for 1 1/2 years without additional compensation. She goes out of her way to help when other team members are overloaded and always has a smile on her face. Amy's efforts have brought new dollars to childcare providers in Pitkin that strengthen and support what Kids First is doing. Her encouragement and perseverance brought federal and state funding to the Aspen School District preschool program for the first time. The original grant was for $52,000; but it was immediately successful and attracted local funding from the Aspen Valley Community Foundation and the Aspen Education Foundation. This program now serves 35 children who show some risk factors for learning delays in school Some of these children may have qualified for Kids First Financial Aid, but the cost to the city and the community would have been far greater than dollars had these children not received services. Amy successfully wrote a grant to the Aspen Valley Medical Foundation for $10,000 that provides mental health visits, nurse consultations and education for licensed childcare providers and families. Amy worked with counterparts in Garfield County to develop the program, timeline, training needed, and evaluation. Kids First represents Pitkin County in the Rural Resort Region Consolidated Childcare Pilot. This is a 5 County initiative (Pitkin, Eagle, Garfield, Summit and Lake). Amy serves on the Quality Improvement committee that has made quality assessment and mentoring available (through a state grant) to programs across the 5 counties, including 10 programs in Pitkin County on the first round. Total funding from this collaborative effort to Pitkin County alone is close to $10,000. Because of these efforts - in which Amy has played (and continues to play) a big role - we have also dramatically increased the public awareness in regard to Kids First and to early childhood issues overall. Amy is always thinking of creative ways to communicate. She has personalized the Kids First weekly column in the Aspen Times and shares much of herself and her family to make the column timelier, friendlier, and much more interesting to local readers. She is respectful and sensitive, even when faced with difficult people or situations. She is a constant reminder to our whole team about doing things smarter, not just more of the same. She is able to clearly focus a group on the outcome, get the job done and giving the credit to the team. Shirley Ritter, Director 0405 Caqtle Creek Road. Suite 3 · ,Aspen. Cohsraclc~ 81611 Telephone (9'79) 920-5303 · Fax (970) 920-5558 · E-mail: Mds_first@ci.aspen.co.us P3 WHEELER OPERA HOUSE ASPEN COLORADO To: Martha Horan, Marketing Coordinator / From: Nida TauWydas. Executive Director ~ Re: Outstanding Employee Bonus Award Date: January 28.2003 Congratulations! You have been awarded an Outstaffding Employee Bonus Award, You are being recognized for your exemplary work. dedication and creativity in the development, redesign and creation of the new Wheeler Opera House website. The improvements made to the website included: · Redesign and development of the "look" of the website, · Developing an easy way m move around in the website and find information. · Creating a historical phot0 gallery of events presented ~t the Wheeler, · Developing and writing a Wheeler Opera House history, · Improving event information and calendar listings, · Improving ticketing capabilities on the website, · Creating a resource for visitors to Aspen, · Improving access to and information regarding our local non-profits through links and informational listings, and. · Simplifying the process for updating information and presenting currem and accurate information. Your accomplishment has resulted in a significant improvement to the ~?heeler Opera House, our renters and the community tn general. The new website offers a contemporary and professional presentation of historical and current information regarding the facility, events. history, ticketing, and other general community information. This resource helps all renters of the Wheeler and provides a one-stop opportunity for patrons and visitors to learn about scheduled events, the Wheeler Opera House. and to gather information in planning their viszt to Aspen Martha, you are an invaluable asset to the Wheeler Opera House and the City of Aspen. You consistently perform above and beyond what is expected, act to support all renters of the Wheeler Opera House, act to support your colleagues, and strive ro put the City of Aspen and the Wheeler in a positive ligm, Please attend the City Council meeting Monday, February 10 at 5:00pm to receive the recognition you deserve. Thank you. -- _ ...... ur',, tq~ . ~,'~C~ EAST HYMAN AVENUE ASPEN COLORADO 81b/1 970'920-5770 . FAX: 97L 920-5780 P4 THE CiTY OF ASeEN January 27, 2003 Eric Ross, Brian Nichols, Rick Magnusson This award is in appreciation of your efforts made over the last 2 months to equip-the new fleet of aspen police patrol cars. You volunteered to install the new fleet of APD patrol cars with all electronic systems necessary for them to operate as emergency vehicles. In volunteering in this undertaking, you went significantly outside the scope of your job descriptions. You have provided a vastly improved product in terms of both functionality and safetyf and also assisted in saving the police department and city approximately $7000. Highlights of your accomplishments are as follows: · You took the initiative to develop an improved product from both an ergonomic and a safety' point of wew while considefi0g all users of the vehicles. · You completely rebuilt circuit boards to improve reliability, accessibility and most importantly, safety. · You reduced the need for reliance on outside vendors. · You were able to incorporate improvements easily as needed. For the last month and a half, you have been flexible with your schedules, patient with the problems, used superb self initiative, and been dedicated to doing the best possible ]ob for the police department and city that you can. Thank you, City Council Aspen Police Department Mr. Chris Bendon. Senior Long R~°mge Planner ' City of Aspen Communk> Development Deparrmem 130 S, Galena Street Aspen. Colorado 81611 ASPEN PITKIN February 4, 2003 De~ C~is, I .warn ro congratulate you on being recognized as ~ oursr~ding employee of the City of Aspen~ You will be ac~owledged with an Outstanding Employee Bonus Awed by the City Co~cil on Febm~y 10. 2003. C~is, overall you ~e recognized with this bonus award for your Aspen and the Community Development Dep~rmenr. You were nominated'for this awed by a number of people who recognized your h~d work ~d obvious personal commitment. These nominators include the Pla~ing and Zoning Commission, Da+id Hoefer. Jackie Lothi~ ~d myself. I ~voutd like to cim the following excerpt of your nomination ~at re~ly studs om as, something you did which furthered the goals of the Dep~rmem ~d reinforces the Ci~'s comm~tmem to exceIlence. "Chris exemplifies what is contained within the Employees Declaration of Val~es in his ,eye,day approach to wor~ng for the Ci~ of Aspen. However, in this nomination we would especially like to focus on the Infill Project (a major code rewrite reflecting new land use policies) that Chris is currently worMng on. He recently completed a series of ~14 Infill Project public hearing sessions with the Planning Commission that were held between September and December of 2002. ~aeh paragraph of fhe Values statement has something to do with how Chris operates, He'always strives for the highest quali~ in his products and as a planning professional. He respects and understands the Aspen culture, communi~ and the-environment, which was especially important to maMng progress on the lnfill Project when the proposed code amendments required people to, rethink and, confirm their own communi~ values. He handled that element"of the project with sensitiyi~ and openness. Finally, Chris' personal sWle of communication, sense of humor and obvious attention to detail has made him a trusted professional by the Planning and Zoning Commission. Ci~.Council, his peers and the public." Cl~is, it is obvious ro those who work with you, incl~ding the Plying and. Zoning Commission. City Council. other city employees and your Community Development co-workers, that you g~ve more th~ 10.0%, You are a role model for many of the staff in how you approach yot~ work and the in the products you produce. ~d. finally, it is ~ways a ple~ure ro work with you, Congra~¢ations ~d keep up the good work~ Sincerely, Ohlson Deputy Director of Community Developmem 81611-I975 PaON~970.920.5090 · ~,ax970.920.5439 76 ASPEN / PITY<IN February 10. 2003 Mr. Stephen Kani¢e Ms. Denise Driscoll Dear Stephen and' Denise: Congratulations! You have been selected to receive an Outstanding Bonus Award to be presented to you at the next City Council meeting on Monday, February 10. 2003. The Bonus Award Review Committee received a nomination for your work on the remodel of the third floor, and agreed that you both went above and beyond your regular duties to make the remodel happen. As you know. the Community Development Dept. became "disjointed" with the county last May. This is traditionally the busiest time of year for our dept., and 2002 was no different. 'With the separation of the two depts., it was necessary for us to physically separate ourselves, yet remain on the same ,floor in a "co- existence" situation. With a very limited budget of $50.000. Stephen, you were able to find a local architect who could draft up floor plans for the minor remodel and work with both jurisdictions for a nominal cost, and within the budget. Stephen your diligence rn working with both city and counw staff and the architect on the best configuration to improve our customer service and meet internal needs for ouiet meeting space, and public interactions resulted in a plan that could be agreed upon. You then pursued qualified contractors that could do the job on time and within budget, and forwarded mese to Rebecca Weibel. purchasing Officer. to put the wheels in motion. By making yourself available on weekends to answer contractor questions and sign off on phases as the construction progressed, we were able to complete the work on time and under budget. Denise,.you are being recognized for your hard work in cobrdir]ating each move from office to office while supervising laborers to make surethings were properly stored and located. No one wanted to change their locations but you were able to work with each individual's schedule to complete the moves without holding up the construction that was completed on weekends and evenings to minimize disruotion to our customers. Each morning you were the first to arrive to make sure our office still looked professional and was safe for our customers. You spent a significant amount of time coordinating not just [he moves but the new phone and computer lines. lighting and electrical improvements that were needed in specific locations, ano coordinating the campaign to get the new phone information out to our customers. You both did this ,significant amount of work in addition [o your regular duties of ensuring permits were processed and customers were helped. There ts no doubt in anyone's mind that the remodel is a vast improvemem that allows us to better serve our customers and has helped "clean-up" the space that was not a pleasant work environment to be in~ The departments, as a whole, appear more organized and more professional, and this leads to mdre pride in the work accomplished. We spend much less time looking for improperly fi(ed documents as the separation minimizes any jurisdictional errors we used to experience. To have been able to complete such a significant remodel with such a small budget and with no major problems is a tribute to your mutuai commitment to getting the job done. Please plan to attend the City Council meeting on Monday evening to receive youn awards. Again congratulations on a job well done.! Sincerely, cods Community Development Director P8 To: Mas)or ~nd Council Thru: City of Aspen Human Resources Department THE CITY OE ASPEN Re: 4th Quarter Outstanding Employee Bonus - Ruth Kinney Date: 1/30/2003 Ruth has been nominated for her outstanding work-as the,Project Leader for the City/County Website Development Project. During the surhmer of 2000, a Web team was created ro look ar the options for implementing a City of Aspen & Pitkin County web site. Ruth was k-eq,uired Eo build an evaluation team. draft and evaluate an RFP for web development services, support the needs analysis process, and manage the Web .development contract This projec~ required strong organizational and communication skills and Ruth handled this role very well. Ruth's professionalism, attention to deta/1, ~bility to adapt to changing customer needs, and goihg welI beyond the scope of her written job description identifies Ruth. Kinney as a model employee for the City of Aspen. In addition, the project was on time and under budget. The benefits of our webs/re include: · Creation of an in-house resource to help Departments with the evaluation, creation, and maintenance of web contem: this significantly reduces the need to use expensive consultants. · Creation of an administrative tool that enables Departments to add and modify their own content in a timely manner. · Establishmenl of a valuable resoume that enables the City to inform, communicate with, and ultimately transact with citizens and visitors. 130 South4 G^tEN4 5r~s-~? ASPEN COLORADO 81611-1975 PHONS 970.920,5000 F^× 970.920.5197 TO: Mayor and Members of Council FROM: John P. Worcester DATE: February 6. 2003 RE: Resolution approving sale contract for sale of"old Pro-shop" to Aspen Junior Golf Foundation. Attached for your consideration and review is a resolution that, if approved, would authorize the City Manager to execute certain documents on behalf of the City of Aspen relating to the sale of the "old pro-shop" to the Aspen Junior Golf Foundation. The documents that require execuuons are as follows: Changes to Deed Restriction on Resale Price and CPI: This matter came before City Council at your last meeting and was not approved as some minor changes were requested to the Deed restriction relating to the purchase price of the property in the event that the City re-purchased the property in the future. The original Deed restrictions contained a provismn by which the repurchase price would increase by CPI and a guarantee that the CPI used for the calculation would not be lower than 2%, The revised deed restriction eliminates this guarantee, but includes an mcrease in the re-purchase price from $200,000 to $225,000 to account ['or capital improvements made to the building in recent months. Agreement of Purchase and Sale: This is the contract that would obligate the parties to the sale and purchase of the old pm-shop at the Municipal Golf Course. The Agreement states that the Aspen jumor Golf Foundation will purchase the property for $200,000.00 to be paid in full ar closing. The sale is contingent upon the execution of the following two documents: Resale Deed Restriction, Agreement. and Covenants: This document places a deed restriction on the property that in essence sets forth a re*purchase price for the property in the event that Aspen Junior Golf is unable or un~villing to repay a $125,000.00 note to Emie Fyrwald. If Aspen Junior Golf defaults on the note. Aspen Junior Golf will be able to sell the property back to the City, and the City agrees to re-purchase the property within 90 days of receipt ora default notice. The price of the re-purchase ~s set forth in the document at $225,000.00 adjusted by a CPI spelled out in the document. PlO The deed restrictions also spell out certain use restrictions for the property that include: (I) Aspen Junior Golf may not lease more than 50% of the building "to entities that meet the City of Aspen Land Use Code definition of Non-Profit organizations and that a community service as determined by the Community Development Director of the City;" and (2) the maximum rental rate is capped at $16.00 per square foot for any rentals to non-profits. Junior Golf Facilities License Agreement. This documents spells out certain operating agzeements for the shared use of certain portions of the Municipal Golf course traditionally used by the Junior Golf folks for their operations. The primary concern is the continued use by the Junior Golf program of the practice area constructed by them at the far end of the existing practice area located Northwest o£the first hole geen. ACTION REQUESTED: The terms of this sale has been discussed by staffwith Council at a previous xvork session. Accordingly, the item has been placed on your Consent Agenda. Approval of the Consent Calendar will constitute approval of this resolution. CITY JPW-O2/O6/2003-G . ohn\word\memosxjrgolfsale,doc Pll RESOLUTION NO. ~ Series of 2003 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT OF PURCHASE AND SALE OF THE ASPEN MUNICIPAL GOLF COURSE: A RESALE DEED RESTRICTION, AGREEMENT, AND COVENANT; AND, A JUNIOR GOLF FACILITEES LICENSE AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Agreement of Purchase and Sale of the Aspen Municipal Golf Course; a Resale Deed restriction, Agreement. and Covenant: and. a Junior Golf Facilities License Agreement. all relating to the sale of the City owned property commonly referred to as the "Old Pro-Shop" to tlie Junior Golf Foundation; and YVItEREAS, the voters of the City of Aspen, pursuant ro Section 13.4 of the Aspen Home Rule Charter, at the November 2000 mumc~pal election, did approve the sale of the then existing pro shop to the Aspen Junior Golf Foundation; and WHEREAS, the City Council has determined that it is in the City's best interest to sell the "old golf pro-shop" to the Aspen Junior Golf Fonndation on terms and conditions as set forth in the above referenced documents. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: P12 That the City Council of the City of Aspen hereby approves that certain Agreement of Purchase and Sale of the Aspen Mtmicipal Golf Course; that certain Resale Deed Restriction, Agreement, and Covenant; and. that certain Junior Golf Facilities License Agreement, in substantially the forms as appended hereto as exhibits, and directs the City Manager to execute on behalf of the City of Aspen ail requisite documents to sell the above referenced property.. Dated: ., 2003. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ,2003. Kathryn S. Koch, City Clerk JPW~ Ol/17/2003 -G: \ ] ohn\word\ resos\ ] rgolfsale, doc P13 Aspen Municipal Golf Course Pro Shop Aspen Jr. Golf Foundation Page I AGREEMENT OF PURCHASE AND SALE OF THE ASPEN MUNICIPAL GOLF COURSE PRO SHOP THIS AGREEMENT, made and entered on this ,2003 by and between the City of Aspen, a home rule municipal corporation ("Seller"), and the Aspen Junior Golf Foundation, a not-for-profit organization incorporated in the State of Colorado ("Purchaser"). WHEREAS, the Seller has built a new facility on the Aspen Municipal Golf Course to accommodate a new golf pro shop; and WHEREAS. the Purchaser desires ro purchase the existing pro shop building and land situated on the Aspen Municipal Golf Cmtrse: and WHEREAS the Seller desires to sell the existing pro shop building and land ro the Purchaser; and WHEREAS, the voters of the City of Aspen, pursuant to Section 13.4 of the Aspen Home Rule Charter, at the November, 2000 mumc~pal election, did approve the sale of the existing pro shop to the Purchaser. NOW, THEREFORE. the parties hereto, for the consideration hereinafter set forth, agree as follows: 1. THE PROPERTY. Subject to the terms and conditions set forth in this agreement and the Resale Deed Restriction, Agreemem and Covenant set forth at Exhibit A appended hereto and incorporated herein as if fully set forth, Seller agrees ro convey to Purchaser real property consisting of the Building commonly referred to as the existing pro shop and approximately 4.406 square feet of land situated on the Aspen Municipal Golf Cot~rse described and depicted in greater detail on Exhibit B appended hereto, [ogether with all other ~mprovements thereon. (Hereinafter referred to as the "Property.") 2. CLOSING. "Closing" shall mean the date on which a Special Warranty Deed transferring title to the Property is recorded in conformity with the laws of the State of Colorado with the Clerk and Recorders Office of Pitkin County. Closing shall occur on or before ., so long as all conditions precedent to closing have been satisfied or waived by such date. ' ' 3. PURCHASE PRICE AND TERMS. The total purchase price for the Property shall be Two Hundred Thousand Dollars ($200,000.00) payable in cash or certified_ funds ar Closing subject to closing prorations and adjustments as herein described. At closing, Seller shall also execute and deliver to Purchaser a License Agreemem covering the driving range, P14 Aspen Municipal Ool£Course Pro Shop Aspen Jr. GoIf Foundation Page 2 putting green and sheds historically used by Aspen junior Golf, in the form attached hereto as Exhibit C. 4. EVDENCE OF TITLE. Seller shall furnish to Purchaser, at Seller's sole cost and expense, a current ALTA commitment for owner's title insurance on the Property in an amount equal to the purchase price, from a title company acceptable to Purchaser, with ail standard exceptions deleted concerning survey matters and liens for labor, service, or materials not of record, and in an amount equal to the purchase price, together with any copies of ail instruments listed in the schedule of exceptions of said title insurance commitment on or before fourteen (14) days following acceptance of this contract by Seller. The title insurance commitment, together with any copies of instruments furnished pursuant to this Paragraph 4, shall constitute the Title Documents. 5. TITLE. a. Title Review. Purchaser shall have the right to inspect the Title Documents. Written notice by Purchaser of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of the Purchaser and given to Seller on or within fourteen (14) calendar days after receipt by Purchaser of any Title Documents or endorsements adding new exceptions in the title commitment together with a copy of Title Documents adding new exceptions to title. If Seller does not receive Pumhaser's notice by the date(s) specified above, Purchaser accepts the condition of the title as disclosed by the Title Documents as satisfactory. b. Matters Not Shown by the Public Records. Seller shall deliver to Purchaser, on or before the date set for providing Title Documents, true copies of ali leases(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements, liens and other title matters not shown by the public records of which Seller has actual knowledge. Purchaser shall have the right to inspect the Property to determine if any third party has any right in the Property not shown by the public records (such as unrecorded easements, unrecorded lease, or boundary line discrepancy). YVritten notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller on or within thirty (30) calendar days after receipt by Purchaser of the Title Documents. If Seller does not receive Purchaser's notice by said date, Purchaser accepts title subject to such rights, if any, of third parties o f which Purchaser has actual knowledge. c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WlYTHJOUT SUCH AN INCREASE IN MILL LEVIES. PURCHASER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHRORIZED GENERAL P15 Aspen Municipal Golf Course Pro Shop Aspen Jr. Golf Foundation Page 3 OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS. EXISTING MILL LEVIES OF SUCH DISTRICTS SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR INCREASE IN SUCH MILL LEVIES. hq the event the Property is located within a special taxing district and Purchaser desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 5(b), this contract shall then terminate. If Seller does not receive Purchaser's notice by the date specified above, Purchaser accepts the affect of the Property's inclusion in such taxing district(s) and waives the right ro so terminate. d) Ri,ght to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection_ (a) or (b) above, Seller shall use reasonable effort to correct the unsatisfactory title condition(s) prior to the date of closing, if Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate, provided, however. Purchaser may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s/. If Purchaser waives objections to title defects, the sale of the real property shall close as scheduled herein. 6. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby covenants, represents and warrants to the Purchaser the following, all of which shall be true, accurate and complete as of the date hereof and shall survive the closing: a. Status and Authority. Seller has the right, legal capacity and anthority to enter into and perform its obligations under this Agreement, and the documents to be executed and delivered pursuant thereto. b. No Liabilities. Prior to or at the time of closing, Seller shall pay, or other~vise secure the release of, every debt, account payable, liability or obligations or any nature whatsoever, contingent or otherwise, that ~s. or could become, a lien or other encumbrance against the Property, and Seller shall not engage in any action ~vith respect to the Property between the date of execution of this Agreement and the closing date that could give rise~to a lien or claim against the Proper~y. c. Litigation. No action, suit or proceeding is pending or, to the best of Seller's knowledge, threatened against the Property or Seller or affecting Seller's interest m, management of, or other activities with respect to, the Property. Seller is not in default of any order of any court, arbitrator or govern.mental body respecting the subject Property. d. No Notice of Violation. Seller has no knowledge of and has received no notice of any pollution, health, safety, or environmental violation with respect to the Property or any portion thereof which has not been cured. e. No Conflict. The execution and delivery of this Agreement and the documents required hereunder, and the consummation of the transactions contemplated herein, will not: (1) conflict with or be in contravention of any provision of any Iaw, order, rule or P16 Aspen Municipal Golf Course Pro Shop Aspen Jr. Golf Foundation Page 4 regulation applicable to Seller or the Property; (2) result in the breach of any of the terms or provisions of, or constitute a default under, any agreement or other instrument to which Seller is a party, or by which it or any portion of the Property may be bound or affected; (3) permit any party to terminate any such agreement or instrument or to accelerate the maturity of any indebtedness or other obligation of the Seller; or (4) result in any lien, charge or encumbrance of any nature on the Property other than as permitted by this Agreement. f. True and Correct Information. To the best of Seller's knowledge, no document, certificate or written statement furnished to the Purchaser and its att0mey by Seller in connection with this transaction contains or will contain any untrue statement of a material fact or omits or will omit to state any material fact necessary in order to make the statements contained therein not misleading. Additionally, Sell.er has disclosed all encumbrances and/or defects in title not shown by the public records and all title documents of which Seller has actual knowledge. g. Use of Property Pending Closing. Between the date of this Agreement and the closing date, Seller: (i) Shall maintain the Property in its current condition, normal wear and tear excepted; (ii) Shall not permit the Property to be used or operated in any manner that would be in violation of any local, state or federal law or regulation. h. No Other A~eement. There are no other agreements, oral or written, which affect the Property, which will survive the closing, except as disclosed by Seller provided to the Purchaser pursuant to this Agreement. i. Environmental Matters. The Seller has not placed any hazardous mater/als on the Property and to the best of the Seller's knowledge, the Property has never been used to generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce, process, or in any manner deal with hazardous materials. The Seller hereby represents that the Property has been closely associated with the operation of a golf course, agricultural and ranching operations and such operations may have required the use of certain herbicides, pesticides, insecticides, and other chemical agents. To the extent that the use of such chemicals constituted the placement of hazardous materials on the property, the representation made in the first sentence of this para~aph is conditioned accordingly. For purposes of this Contract, the term "hazardous materials" shall mean any gasoline, petroleum products, explosives, radioactive mater/als, hazardous materials, hazardous wastes, hazardous or toxic substances, polychlorlnated biphenyls or related or similar materials, asbestos, or any other substance or mater/al as may be defined as a hazardous or toxic substance by any environmental law, ordinance, mle or regulation of any governmental authority, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections, 9601, et seq.) the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et P17 Aspen Municipal Golf Cc ~rse Pro Shop Aspen Jr. Golf Foundation Page 5 seq.), the Federal Water Pollution Control Act (33 U.S.C. Sections 125I, er seq.), the Clean Air Act (42 U.S.C Sections 7401, et seq.,) C.R.S. 1773 Section 25-17-101 er seq., as amended, and C.R.S. Section 25-15-101. er seq. Title. Seller has good and merchantable title to the Property free and clear of all monetary liens and encumbrances (except those to be discharged or released at or before Closing), and there exists no restrictions on the right of Seller to transfer and assign the Property and convey good title thereto to Purchaser. This representation is subject to all matters that will be disclosed by the title Commitment and the Purchaser's physical inspection of the Property. k. Defects. Seller has no knowledge of any patent or latent defects, soil deficiencies, or subsurface anomalies existing on the Property, or any structural or mechanical defects in the Building. 1. Permitted Uses. Seller represents that prior to closing, the Property will be rezoned "Public," which allows private non-profit uses that provide a community service as Permitted Uses. m. Legally Separate Parcel As of the date of closing hereunder, the Property shall be a legally separate parcel of land for which a valid subdivision exemption has been obtained. 7. COSTS. Seller shall pay the costs of Seller's counsel, accountants and other professional services and all sales, use, transfer and similar taxes, if any, payable in connection with the transactions contemplated by this Agreement. Purchaser shall pay all the costs of Purchaser's counsel, accountants and other similar services and all recording fees and documentary transfer taxes. 8. DOCUMENTS AND SERVICES. The parties hereto shall sign and complete all customary or required documents at or before closing. 9. POSSESSION. Possession of the Property shall be delivered to the Purchaser at a mutually convenient date and time, but no later than on the date of Closing. If Seller after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable for payment of $500.00 per day as liquidated damages from the date of agreed possession until possession is delivered. 10. TIME OF ESSENCE/DEFAULT/REMEDIES. Time is of the essence hereof. If any note or check received or any of the payments due hereunder is not paid. honored or tendered when due, or if any other obligation hereunder is not performed within the time frames specified herein, there shall be the following remedies: P18 Aspen MunJcioal Golf Course Pro Sl~op Aspen Jr. GolfFoundatior Page 6 a. iF THE PURCHASER IS IN DEFAULT, then Seller may elect to treat this Agreement as canceled, in which case ail payments and things of value paid hereunder shall be forfeited and retained on behalf of Seller_ and Seller may recover such damages as may be proper, or Seller may elect to treat this Agreemem as being in fulI force and effect, whereupon Seller shall have the right to an action for specific performance or damages, or both. b. iF SELLER IS IN DEFAULT. the Purchaser may elect to treat ~is Agreement as terminated, in which case all money payments and things of value paid hereunder shall be returned forthwith to the Purchaser and Purchaser may recover such damages as may be proper, or may elect to treat this Ageemem as being in full force and effect, whereupon the Purchaser shall have the right to an action for specific performance or damages. c. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this Agreement. the court may award to the prevailing parry its reasonable costs and expenses, including attorneys and expert witness fees. il SURVIVAL OF COVENANTS, REPRESENTATIONS AND WARRANTIES. The covenants, representations, warranties and indemnities made by the parties to this Ageement, and the obligations and agreements to be performed or complied with by the respective parties hereunder on or before the closing date, shall survive the closing, but shall terminate and be of no further force and effect on the third anniversary of the date of Closing. 12. ENTIRE AGREEMENT This Ageement constitutes the entire agreement between the parties hereto, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties regarding the subject matter of this Ageement. No supplement, modification or amendment of the Agreement shall be binding unless executed in writing by the parties hereto. I3. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 14 BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successor and assigns. The Pumhaser may in ~ts sole discretion, and without the prior consent of Seller, assign ali of the Purchaser's right hereunder to, or cause title to the Building to be taken in the name of non-profit nominee(s) selected by the Purchaser. I5. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, the parties hereto acknowledge the advisability of obtaining the advice of independent legal regarding examination of title documents and the terms of this Agreement. 16. GOVERNING LAW. This Agreement shall be governed by and be construed in accordance ~vith the laws of the State of Colorado and the parties hereto hereby consent to the Aspen Municipal Golf Course Pro Shop PI 9 Aspen Jr. Golf Foundatmn Page 7 exclusive jurisdiction of the Colorado state courts in the event of any comroversy or suit arising hereunder. 17. SEVERABJLITY. If any prowsion of this A!gl-eemenr is held by a cram of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 18. TERM/NAT[ON. In the event this A~eemen~ is terminated for any reason. pursuant to the terms hereof, all money payments, with any accrued interest, and things of value paid hereunder shall be returned forthwith to the Purchaser. 19. NOTICES. All notices and other communications tendered ~n connection with this Agreemem shall be in writing, and shall be deemed to have been duly given when delivered in person or by telefax, or on the fourth day afte/' mailing, if mailed registered or certified mail, postage prepaid and properly addressed as follows: To Purchaser: Office of the City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 With a copy to the City Attorney at the same address. To Seller: Aspen Junior Golf Foundation Attn: Eruie Fyrwald, Presidem 308 S. Hunter Aspen. CO 81611 With a copy to: Arthur C. Daily, Esq. Holland & Hart, LLP 600 E. Main St. Aspen, CO 81611 20. FACSIMILE TRANSMISSIONS. It is mutually agreed upon by all the parties to this Agreement that, if necessary, facsimile communication shall be an acceptable and binding form of communication. P20 Aspen Municipal GoI£Course Pro Shop Aspen Jr. Golf Foundation Page 8 CITY OF ASPEN: By: City Manager Date THE ASPEN JUNIOR GOLF FOUNDATION P2~ ~he Oit¥ orns.e~ Memorandum l orne¥ Offi=e TO: Mayor and Members of Council FROM: John P. Worcester DATE: February 6, 2003 RE: Resale Deed Restriction, Agreement, and Covenant. Please note that the deed restriction document included in yom: packet has not been revised To include the new terms relating to the CPI and re-purchase price. At the time the packet [or Cotmcil was being prepared, an amended deed restriction document :ould not be printed. The original docnmem is in Holland & Hart's computer system and the system is down. It is my intention to have the amended and revised document available for Council by Monday rfight's meeting, As indicated in my cover memo, the only changes relate to the elimination of the 2~,; guarantee on the CPI calculation and an increase m the re-purchase price from $200,000 to $225,000. RESALE DEED RESTRICTION, AGREEMENT, AND COVENANT THIS RESALE DEED RESTRICTION, AGREEMENT, AND COVENANT (the "Agreement") is made and imposed this day of , 2002, by the A~pen Junior Golf Foundation ("Owner"), for the benefit of and enforceable by the CITY OF ASPEN, a Colorado home rule city, for and in consideration of the conveyance of the subject property to Owner, and for the further benefit of Ernie Fyrwald "(Lender"). WITNESSETH: WHEREAS, Owner has purchased and owns as a result of that certain warranty deed executed on the date hereof, real property more specifically described in ExJaibit A attached hereto and incorporated herein. For purposes of this Agreement, the building, the real property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, Owner agrees to restrict fhe acquisition of the Property to the City of Aspen or its designees. In addition, the Owner agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale price for which the Property may be sold ("Maximum Sale Price"), the amount of appreciation and the terms and provisions controlling the resale of the Property should Owner desire to sell the Property at any time after the date of this Agreement; and WHEREAS, Lender is the holder of a Promissory Note executed by Owner in the original principal amount of $125,000 (the "Note"), the proceeds of which loan were used by Owner to purchase the Property from the City of Aspen; and WHEREAS, the City of Aspen is willing to agree to repurchase the Property from Owner in the event Lender notifies the City of Aspen that the Owner is in default in the repayment of the Note, and Owner is willing to reconvey the Property to the City of Aspen in such event, upon the terms hereinafter set forth. NOW, THEREFORE, for value received as described above, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. In connection with the purchase of this Property, Owner agrees to re-sell the Property only in accordance with this Agreement. 2. It shall be a breach of this Agreement for Owner to default in payments or other obligations due under a promissory note secured by a first deed of trust. Owner hereby agrees to notify City of Aspen, in writing, of any notification it receives from a lender, or its assigns, of past due payments or default in payment or P23 other obligations due under a promissory note secured by a first deed of trust within five calendar days of Owner's notification from lender, or its assigns, of said default or past due payments. 3. This agreement shall constitute covenants running with the real property described in Exhibit A, as a burden thereon for the benefit of, and shall be specifically enforceable by, the Owner and City of Aspen and Lender, and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to injunction, reversion, or eviction of non-complying owners and/or occupants. 4. In the event that the Owner desires to sell the Property or ts required to do so pursuant to the terms hereof, Owner shall so advise City of Aspen in writing and City of Aspen, or its designee, shall purchase the Property from Owner not more than ninety (90) days from the date of receipt of such notice, at the purchase price established by this Agreement. RESALE PRICE 5. In the evem that the Property is sold to City of Aspen or its designee pursuant to this Agreemem, the Property shall be sold for an amount equal to: The Owner's purchase price of $200,000.00, plus an increase of an amount (based upon the Consumer Price Index, CPI-W, Urban Wage Earners and Clerical Workers, U.S. City Average, All Items (1967 = 100), published by the U.S. Department of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price multiplied by the monthly Consumer Price Index last published prior to the date of Owner's notice of desire to sell divided by the Consumer Price Index current at the date of this Agreement. The minimum CPI increase under this Agreement shall be 2 percent per year. Plus the cost of Capital Improvements. Capital Improvemems means capital improvemems made and paid for by Owner pursuant to the requiremems of any governmental body or agency, or approved in writing by the City of Aspen through its City Manager or designee. Capital Improvements shall be validated by production of original receipts for costs (actual cost) with no allocation for Owner's "sweat equity"; no Capital Improvements shall be added to calculation without proof of receipts affidavit as to validity of receipts, and Certificate of Occupancy (where applicable) from the AsperffPitkin County Building Departmem, P24 Less the cost of any repairs or replacements necessary to restore the Property to a reasonably adequate level Of repair and habitability as determined by an independent professional property inspector jointly selected by Owner and the City of Aspen whose decision shall be final. For purposes of this section, repairs and replacement required by ordinary wear and tear shall not be deducted from the sales price otherwise computed hereunder. In the City's sole discretion, $5,000.00 may be withheld at the time of resale pending a determination of all repair and replacement costs. This amount shall not be withheld for a period exceeding 30 days. Upon determining the amount of repair and replacement costs, the City shall pay to the Owner the difference between the amount withheld and the actual costs for repairs and replacement. CITY REPURCHASE UPON OWNER DEFAULT ON LOAN 6. In the event Lender provides written notice to the City of AsPen that the Owner is in default in the repayment of the Note, the City of Aspen agrees to repurchase the Property from Owner, not more than 90 days from the date of receipt of such notice, at the purchase price established by this Agreement and pursuant to the other provisions set forth in Paragraph 5 above. The repurchase proceeds shall be applied first to the repayment in full of the Note and all interest accrued thereon, and the remaining proceeds shall be delivered to Owner. In the event of Owner's default under the Note, Owner agrees to reconvey the Property to the City of Aspen at the price and on the terms set forth above. USE RESTRICTION 7. Owner shall use the Property in furtherance of its mission and for no other purpose. Owner may lease not more than 50% of the building to entities that meet the City of Aspen Land Use Code definition of Non-Profit organizations and that provide a community service, as determined by the Community Development Director of the City. The Community Development Director shall not unreasonably withhold his or her consent, provided that Owner shall not charge more than $16.00 per square foot as rent to any prospective lessee. The maximum rental rate may be increased by any increase in the CPI as calculated in Paragraph 5 above. 8. Ali disputes between Owner and administrative staff of City of Aspen shall be decided by the City Manager of the City of Aspen, and any decision of the City Manager may be appealed to the Aspen City Council within ten (10) days of any decision by the City Manager. 9. Each party shall be responsible for the payment of that party's respective customary closing costs and prorations. P25 i0. There is hereby reserved to the parties hereto any and ali remedies provided by law for breach of this Agreement or any of its terms. In the event the parries resort to litigation with respect to any or all provisions of this Agreement. the prevailing party shall be entitled m recover damages and costs, including reasonable attorney's fees. II. In the event the Property is sold and/or conveyed without compliance herewith. such sale and/or conveyance shall be wholly null and void and shall convey no title whatsoever upon the purported buyer. Each and every conveyance of the Property, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference herein to this Agreement. 12. In the event that the Owner fails to cure any breach~ City of Aspen may resort m any and all available legal action, including, but not limited to. specific performance of this Agreement or a mandatory injunction requiring sale of the Property by Owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. 13. in the event of a breach of any of the terms or condit[ons contained herein by Owner, his heirs, successors or assigns, that is not cured within 10 days following written notice of violation from the City of Aspen to Owner, the original purchase price of the Property as ~set forth in section 5 of this Agreement shall, upon the date of such breach, automatically cease to increase as set out in paragraph 5 of this Agreement, and shall remain fixed until the date of cure of said breach. GENERAL PROVISIONS 14. Notices. Any notice, consent or approval which ~s required to be given hereunder shall be g~ven by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address of the parry as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Owner: Aspen Junior Golf Foundation 308 S. Hunter Aspen, CO 81611 To Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 P26 To Lender: Ernie Fyrwald 308 S. Hunter Aspen, CO 81611 15. Exhibits. Ali exhibits attached hereto, if any, are incorporated herein and by this reference made a part hereof. 16. Severabilit¥. Whenever possible, each provision of this Agreement and any other related do~ument shall be interpreted in such manner as to be valid under applicable law; but, if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 17. Choice of Law. This Agreement and each and every related document is ro be governed and construed in accordance with the laws of the State of Colorado. 18. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 19. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreemen~ However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 20. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: Aspen Junior Golf Foundation, a Colorado nonprofit corporation By: Jack Brendlinger, Co-Chairman of the Board of Directors P27 STATE OF COLORADO ) · ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , 2001, by Sack Brendlinger as Co-Chairman of the Board of Directors of Aspen ]'unior Golf Foundation, a Colorado nonprofit corporanon. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: STATE OF COLORADO )ss COUNTY OF PITKIN) The foregoing ins~rumem was acknowledged before me this day of ,2002, by Ernie Fyrwald as Lender. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public ACCEPTANCE BY THE CITY OF ASPEN The foregoing gram and its terms are accepted by the City of Aspen. CITY OF ASPEN, COLORADO By: Helen Kalin Klanderud, Mayor P28 ATTEST: Kathryn S, Koch, City Clerk STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of ,2001, by Helen Kalin Klanderud as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3018472_1.DOC EXHIBIT A ][ EGAL DESCRIPTION LoT lB of the Aspen Golf Course Subdivision, according to the Fourth Amended Plat thereof recorded in Plat Book __ at Page __ ~n the Office of the Clerk and Recorder of Pitkin County, Colorado, being in the City of Aspen, Pitkin County, Colorado P30 EXHIBIT B LEGAL DESCRIPTION Lot IB of the Aspen Golf Course Subdivision, according to the Fourth Amended Plat thereof recorded in Plat Book at Page __ in the Office of the Clerk and Recorder of Pitkin County, Colorado, being in the City of Aspen, Pitkin County, Colorado JUNIOR GOLF FACILITIES LICENSE AGREEMENT THIS JUNIOR GOLF FACILITIES LICENSE AGREEMENT (the "License Agreement"), made and entered into this day of ,2002, by and between The City of Aspen, Colorado, a home rule municipal corporation (hereinafter "City"), and the Aspen Junior Golf Foundation, a Colorado nonprofit corporation (hereinafter "Junior Golf"), WITNESSETH: WHEREAS, Junior Golf is the owner of Lot 6, Aspen Golf Course Subdivision, according to the Fourth Amended Plat thereof recorded ,2002 in Plat Book at Page __ in the Office of the Clerk and Recorder of Pitkin County, Colorado, and WHEREAS, Junior Golf's headquarters for its programs at the Aspen Municipal Golf Course are located in the old pro shop situated on Lot 6; and WHEREAS, City is the owner of Lot I, Aspen Golf Course Subdivision, according to said Fourth Amended Plat, on the northerly end of which are located the Junior Golf driving range, tee box, putting green, and storage sheds (collectively the "Junior Golf Facilities"), ali of which were constructed by and have historically been used by Junior Golf as a critical component of its operations a'; the Aspen Municipal Golf Course; and WHEREAS, the general layout of the lunior Golf Facilities is depicted on the drawing attached hereto as Exhibit A and made a part hereof by this reference, and WHEREAS, in order to protect the future of its programs at the Aspen Municipal Golf Course, Junior Golf desires to obtain from City a license for the continued use of the Junior Golf Facilities, and City desires to grant such license to Junior Golf, all upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of License; Reserved City ~J.s.e,. City hereby grants to Junior Golf a license to use the Junior Golf Facilities on Lot 1 of the Aspen Golf Course Subdivision in furtherance of Junior Golf's programs at the Aspen Municipal Golf Course, which programs include without limitation lessons, clinics, fund raising, and practice for golfers less than 18 years of age and volunteers of the Aspen Jr. Golf Program. City reserves the right to use the Junior Golf Facilities for a maximum of 6 golf camps per season, each camp ro run for no more than 3 consecutive days, for a total of 18 days per season. The City's golf camps shall use '~he Junior Golf Facilities P32 either before or after the regularly scheduled Aspen Jr. Golf Program. Aspen Jr. Golf agrees not to compete with the interests of the City or its Lease Holder for normal income producing golf course operations such as teaching, cart rental, holding clinics, providing range balls or selling new golf equipment to anyone over the age of 18 and Junior Golf volunteers. On or before March 1 of each year, the Aspen Jr. Golf Director shall provide the City with a schedule that sets forth Aspen Jr. Golf's planned days and hours of the program and camp operations for the coming season. During the times when the City is conducting golf camps on .the Junior Golf Facilities, 5 practice tee stalls (as shown on attached map) shalI always be available to Junior Golf and Junior Golf shall have the non-exclusive use of the putting green. During the times that Junior Golf is using the Junior Golf Facilities, 5 practice tee stalls (as shown on attached map) shall always be available to City and City shall have the non-exclusive use of the putting green. With the exception stated hereinabove, Junior Golf shall have exclusive use of the Junior Golf Facilities during the term of this License Agreement for Junior Golf sponsored activities for junior golfers during the term of this License Agreement. 2. Term. The license granted h~rein shall have an initial term of twenty .(20) years from the date of this License Agreement. City shall have the right to terminate the License Agreement on October 31, 2009, October 31, 2014 or October 31, 2019, by giving Junior Golf at least five (5) years prior written notice of such termination. A majority of the full membership of the Aspen City Council must authorize and approve such term[nation in a public meeting noticed for such purpose. Prior to the expiration of the initial term hereof, City and Junior Golf agree to negotiate in good faith the terms Of a mutually acceptable extension of the term of this License Agreement. 3. Maintenance~ Alteration. City agrees to continue to maintain the Junior Golf Facilities in accordance with the same maintenance standards that it applies to the Aspen Municipal Golf Course, at an expense to Ir. Golf of $2,800.00 per season. (Beginning in October 31, 2009, and every year thereafter, the $2,8000.00 per season payment shall be adjusted up'yard, based upon increases, if any, in the cost of living during the preceding year using the Consumer.Price Index - All Urban Consumers (CPI-U) - U.S. City Average, or a successor or substitute index published or authorized by the United States Department of Labor, Bureau of labor Statistics.) City further agrees not to make any material alterations to the Junior Golf Facilities during the term of this License Agreement without the prior written consent of Junior Golf. 4.. Liability Insurance. Junior Golf agrees to maintain in effect at all times during the term hereofa policy of general liability insurance in the minimum amount of $1,000,000.00, which policy shall name City as an additional insured. Similarly, City agrees to add Junior Golf as a named insured on the City's general liability insurance policy. 5. Indemnification of City. Junior Golf agrees to indemnify, defend and hold harmless City from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs or expenses of any kind or nature (including without limitation those involving death, personal injury or property damage) arising out of or incurred in any way in connection with the use of the Junior Golf Facilities by 2 P33 participants in Junior Golf programs. This indemnification shall nor cover liabilities. losses or damages arising from use of the Junior Golf Facilities b33 City and/or participants in City programs, or by unauthorized persons not associated with Junior Golf or City. 6. Counterparts; Facsimile Signatures. This License Agreement may be executed m one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same ~nstrument. Facsimile signatures shall be considered original signatures hereon. 7. Enforcement; Attorney's Fees. Either party shall have the right to enforce this License Agreement by an action at law or in equity, including an action for injunctive relief or damages or both. In the event of litigation between the parties hereto involving the interpretation or enforcement of this License Agreement, the prevailing party ~n such litigation shall be entitled to an award of its reasonable attorneys fees and costs incurred in.connection therewith. 8. Binding Effect, Etc This License Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This License Agreement shall be construed in accordance with and g6verned by the laws of the State of Colorado; contains the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, writings, representations and negotiations relating hereto; and may not be amended or modified except by an instrument in writing signed by both of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: The City of Aspen, Colorado By: Helen Klanderud, Mayor JUNIOR GOLF: Aspen Junior olfFoundation By:_ Ernie Fyi/d,/, President 3 P34 STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this __ day of ,2002, by Helen Klanderud as Mayor of The City of Aspen, Colorado. Witness my hand and official seal My commission expires: Notary Public STATE OF COLORADO ) COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Ernie Fyrwald as Presiden! of the Aspen Junior Golf Foundation Witness my hand and official seal. My commission expires: Notary Public 3018445_1.DOC " ~ P35 / P36 ~he SiLT of flspen Memorandum CiL't fl~r fl e',"s 0 flic e TO: Mayor and Members of Council FROM: John P. Worcester DATE: January 31, 2003 RE: Resolution in Opposition to SB 154 Attached please find a draft resolution that I propose you consider at your February 10th Council meeting. Please review and let me know qf .any changes you would like to make before it is published as part of your 2/15 Council packet. P38 RESOLUTION NO. ~h (Series of 2003~ A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO. EXPRESSING ITS OPPOSITION TO THE PASSAGE OF COLORADO SENATE BILL 154. WHEREAS. Senate Bill 154 has been introduced into the Colorado Legislature: and WHEREAS, SB 154 duplicates provisions in the Colorado and Un/ted States Constitutions that prohibits counties and mumcipalities from requiring property owners ro sell their property at below fair market value; and WHEREAS, the City Council supports the state and federal constitutional protfibitions against taking private property without due process of law: and WHEREAS. the City Council is of the opimon that SB 154 would do more than merely prohibit the taking of private property without proper compensation; and WHEREAS, the City of Aspen, pursuant to its state constitutional authority as a home rtfle municipality, has taken extraordinary steps to ensure that the permanent resident commumty can afford to remmn in Aspen so as to continue t¢ contribute to the "community character" that sets Aspen apart from every other mountain resort community; and, WHEREAS. those efforts have included, but not limited to the enactment of a .45% sales lax dedicated, in part. to the construction, maintenance, and operation of affordable housing units; a one percent (I%~ real estate transfer tax dedicated to the construction of affordable housing units; and, the adoption local land use regulations to solve local problems by providing incentives for the private sector to participate in the construction of affordable housing units; and WHEREAS, these efforts have made it possible for the City of Aspen to provide subsidized affordable housing for the majority of its citizens thereby stemming the emigration of many of its children and workers to areas far removed from the City of Aspen; and WHEREAS, passage of SB 154 would call into question the legality of many of the City of Aspen's land use code provisions that provide voluntary incentives to the private sector to participate in the City's affordabIe housing program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: P39 Members of the Colorado State Legislature are hereby urged to defeat Senate Bill 154 thereby allowing communities throughout Colorado to locally address the critical shortage of affordable housing. INTRODUCED. READ AND ADOPTED by the City Council of the City of Aspen on the __ day of ,2003. Helen Kalin Klanderud. Mayor I, Kathryn S. Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen. Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch. City Clerk JPW-02/05/2003-G:\]ohn\word'resos\sbI54.doc P40 V, P41 The Ci~ Memorandum TO: Mayor and Members of Council FROM: John P. Worcester DATE: February 10, 2003 RE: Resolution Approving Second Amendment to Pre-Annexation Agreement Between the City of Aspen and Bar/X Ranch LLC Attached for your consideratign and r~view is a proposed resolution that, if approved, would authorize the Mayor to execute a §ec0n~f~h~d/~nt, to the Pre-An~e×ation Agreement between the City and the Zoline family. The proposed amendment extends the time by which the City Council must approve all requisite [and use applications for the final plat and related approvals for the Free Marke~ Component of the project. The entire language proposed to be amended reads as follows: [n the event that by December 31. 2003, or such later date as may be mutnally agreed upon by the parties hereto, the Aspen City Council does not approve all requisite land use applications for the final plat and related approvals for the Free Market Component with terms and conditions consistent with this agreement and other conditions reasonably acceptable to Landowner, this Pre-armexation Agreement shall terminate. The existing First Amendment to the Pre-Annexation Agreement contains the same language except the date is May 31, 2003, This amendment has been requested by the Zoline family as they are still preparing various submittals for the City Community Developmem Department as part of their application for the Free Market units. REQUESTED ACTION: This item has been placed on your Consem Agenda. Approval of the Consent Agenda would constitute approval of this resolution unless it is pulled from the Consent Agenda to be discussed separately. P42 RESOLUTION NO. (SERIES OF 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO. APPROVING A CERTAIN SECOND AMENDMENT TO PRE-ANNEXATION AGREEMENT RELATING TO THE BAR/X RANCH BETWEEN THE CITY OF ASPEN AND THE BAR/X RANCH LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council a Second Amendment ro Pre- Annexation Agreement relating to the Bar/X Ranch between the City of Aspen and the Bar/X Ranch LLC, a copy of which contract is annexed hereto as Exhibit A and made a part hereof. 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 Second Amendment to Pre-Annexation Agreement relating ro the Bar/x Ranch between the City of Aspen and Bar/X Ranch LLC in substantially the form as appended in Exhibit A, and does hereby authorize the Mayor to execute said Second Amendment on behalf of the City of Aspen. Dated: ,2003. Helen Kalin Klandemd. Mayor I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the'City Council of the City of Aspen, Colorado, at a meeting held ,2003. Kathryn S. Koch. City Clerk JPW~02/04/2003 -G:\joIm\word\resos\zoline-2nd-amend.doc P43 SECOND AMENDMENT TO PRE-ANNEXATION AGREEMENT THIS SECOND AMENDMENT t"Amendment") to the PRE-ANNEXATION AGREEMENT ("Agreement") is entered into and made on .2003. by and between the City of Aspen. a Colorado home rule mumcipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 8161 I, hereinafter referred to as the "City"; and Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein. Esq., 201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Landowner". This Amendment shall become effective following approval by the City Council of the City of Aspen evidenced by a duly approved resolution and by the execution of this Amendment by either the City Manager, Mayor, or Mayor Pro-Tern and execution by the Landowner. RECITALS AND REPRESENTATIONS WHEREAS, City and Landowner have previously entered into a Pre-Annexation Agreement for the Landowner's property known as the Bar/X Ranch: and WHEREAS, City and Landowner previously entered into a First Amendment to Pre- Annexation Agreement dated December 17,2001; and WHEREAS, the First Amendment to Pre-Annexation Agreement provides at paragraph 3 that if the final approvals for the Free Market Component and the Affordable Housing Component are not obtained by May 1, 2003, the Pre-Annexation Agreement is null and void; and WHEREAS, the parties desire to amend this provision of the First Amendment to Pre- Annexation Agreement as more fully set forth hereinafter. NOW THEREFORE, for good and valuable consideration including the mutual covenants and promises contained herein, the sufficiency of said consideration being hereby acknowledged, the parties agree as follows: 1. DEVELOPMENT RIGHTS. The last sentence of paragraph lC (on page 3) of the Pre- Annexation Agreement and paragraph 3 of the First Amendment to Pre-Annexation Agreement is hereby deleted and replaced with the following: In the event that by December 31, 2003, or such later date as may be mutually agreed upon by the parties hereto, the Aspen City Council does not approve all requisite land use applications for the final plat and related approvals for the Free Market Component with terms and conditions consistent with this agreemem and other conditions reasonably acceptable to Landowner, this Pre-annexation Agreement shall terminate. 2. PRIORITY OF DOCUMENTS. In the event of any inconsistency between the provisions of this Second Amendment and the provisions of the First Amendment or original Agreement, the P44 provisions of this Second Amendment shall be given paramount effect. Except as specifically amended by this Second Amendment, the Agreement shall remain unchanged and in full force and effect except as amended by the First Amendment. 3. WAIVER. A waiver by any party to this Amendment of the breach of any term or provision of this Amendment shall not operate or be construed as a waiver of any subsequent breach by either party. 4. BINDING EFFECT. The parties hereto agree that this Second Amendment, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the Property Proposed to be Annexed. In the event that all or part of the Property Proposed to be Annexed is sold, transferred, or otherwise conveyed ro additional or multiple parties, all owners shall be jointly and severally responsible for all terms. conditions, and obligations set forth in this Second Amendment. 5. ADDITIONAL DOCUMENTS OR ACTION. The parties agree ro execute any additional documents or take any additional action that is necessary ro carry our this Second Amendment. 6. EXECUTION IN COUNTERPARTS. This Second Amendment may be executed in several counterparts, each of which shalI be deemed an original and all of which shall constitute but one and the same instrumem. CITY OF ASPEN, a municipal corporation ATTEST: APPROVED AS TO FO~M: City Clerk City Attorney P45 LANDOWNER Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust. STATE OF ) )ss. COUNTY OF ) Acknowledged before me this day of 2003, by in his/her capacity as of Notary My commission expires: STATE OF COLORADO ) COUNTY OF PITKIN ) Acknowledged before me this day of 2003, by in his/her capacity as of Notary My commission expires: IPW-02/04/2003-G (john\word\agr\zoline-preannex-2nd-amd.doc 3 P46 TO: Mayor and Council THRU: Randy Ready, Assistant City Manager Stephen Ellsperman, Deputy Director Parks ~ FROM: Scott Chism, Parks Planner:~, DATE: February 4, 2003 RE: Resolution #2003- l ~ : Approval of CMAQ funds for Phase 2 Cemetery Lane Trail CC: Paul Menter, Finance SUMMARY: The Parks and Recreation Department staff has been working with representatives from CDOT to obtain CMAQ (Congestion Mitigation Air Quality) funding for a portion of the Phase 2 Cemetery Lane Pedestrian Trail project. The project has been selected by CDOT as a project that will be fiznded, in part by federal funds for FY 2003. CDOT has committed a $160,757.00 CMAQ grant to the City of Aspen for this project. Staffis seeking Council approval to utilize the CMAQ grant money specifically for the Phase 2 Cemetery Lane Pedestrian Trail project. BACKGROUND: City staff applied for CMAQ funding for this trail project because the fully completed trail will help reduce PM10 generation With the CMAQ funding, the trail can be paved with concrete that would reduce PM10 after the trail is in operation. Parks Department and Environmental Health Department staff have calculated that a paved trail surface will create a PM10 reduction of approximately 2.64 tons/year. DISCUSSION: Based on the PM10 mitigation, CDOT has awarded a $160.757.00 CMAQ grant ro the City of Aspen. City Council has the discretion to accept the grant award which will reduce the total project cost to the City. Upon Council approval of the CMAQ grant m be applied to the Phase 2 construction, staff will work with CDOT for the fund transfer. FINANCIAL IMPLICATIONS: The $160,757.00 CMAQ grant will contribute to the required funds to cover the estimated Phase 2 design and construction cost of $I,376.300.00. The grant will specifically fund concrete costs for the 22,070 square feet of trail within the Phase 2 project limits. RECOMMENDATION: Staff is recommending Council approval of the $160,757.00 CMAQ grant to be fully' applied to the Phase 2 Cemetery Lane Pedestrian Trail project. P48 PROPOSED MOTION: I move to approve the $160,757.00 CMAQ grant be used in full for the Phase 2 Cemetery Lane Pedestrian Trail project. CITY MANAGER COMMENTS: P49 m soLu'noN r o. /SE mS OF 2003) A RESOLUTION GRANTING THE CiTY COUNCIL OF ASPEN, COLORADO. APPROVING A CONGESTION MITIGATION AIR QUALITY AWARD [CMAQ) GRANT AND CONTRACT FROM THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), TO BE UTILIZED FOR PHASE 2 CEMETERY LANE PEDESTRIAN TRAIL PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council a comract between the City of Aspen, Colorado and the Colorado Department of Transportation (CDOT), a copy ofwkich is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that certain Contract between the City of Aspen, Colorado, and the Colorado Department of Transportation (CDOT), regarding a CMAQ Grant Contract, 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. Dated: ,2003. Helen Kalin Klanderud, Mayor l, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ,2003. Kathryn S. Koch. City Clerk PSO (FMLAWRK) Rev 01/09/03 PROJECT AQC M045-004~ I14181) 03 HA3 00050 REGION 3/(MAA~, CMS ID 03-168 CONTRACT THIS CONTRACT, made this day of ,20 by and between the State of Colorado for the use a~d benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT. and City of Aspen, STATE of COLORADO. 130 Galena Street. Aspen. CO 8161 I. FEIN 846000563. hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECITALS. 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400. Appropriation Code 010. Organization Number 999 I, Program 2000. Function 3301. Object 2312 1P. Phase C. Reporting Category 3110, Contract Encumbrance Number 14181, (Contract Encumbrance Amount: $194.175.00j. 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st Century of 1998 (TEA-2I) and to applicable provisions of Title 23 of the United States Code and ~mplementing regulations at Title 23 of the Code of Federal Regulations. as may be amended. collectively referred to hereinafter as "the federal provisions"), certain Federal funds have peen and will in the future be, allocated for highway projects requested by Local Agencies and eligible under the Surface Transportation Program that has been proposed by the State and approved by the Federal Highway Administration (FHWA), hereinafter referred to as the program. 4. Pursuant to § 43-1-223, C.R.S. and to applicable portions of the federal provisions, the State is responsible for the general administration and supervision of performance of projects in the program, including the administration of federal funds for a program project performed by a local agency under a contract with the State. Page 1 of 22 P51 5. The Local Agency has requested that a certain local highway project be funded as part of the program, and by the date of execution of this contract the Local Agency (and/or the State) has completed and submitted a preliminary version of CDOT form #463 describing the general nature of that project work. The Local Agency understands that. before the project work is actually started, the description of the project work in that CDOT form #463 will likely be revised a~ a result of design changes made by CDOT. in conjunction and coordination with the Local Agency, in its internal review process. The Local Agency desires to agree to perform the project work as described in the Form #463. as it may be revised in that Process. 6. Federal-aid funds have been made available for project, AQC M045-004. which shall consist of constructing pavement on Cemetary Lane Trail to reduce the PM-10 emissions, herein referred to as "the project" or "the work" in Aspen. Colorado. specifically described in Exhibit A. attached hereto and made part hereof (the Form #463 and/or a "Scope of Work"). 7. The matching ratio for this federal-aid project is 82.79% federal-aid funds to 17.21% Local Agency funds, it being understood that such ratio applies o_nj5 to such costs as are el~gJble for federal partxcxpation, it being further understood that all non-participating costs shall be borne by the Local Agency at 100%. 8. The Local Agency desires to comply with the federal provisions and other applicable requirements, including the State's general administration and supervision of the project through this contract, in order to obtain federal funds for the project. 9. The Local Agency has estimated the total cost of the Work and is preFared to provide its match share of the cost. as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representative5 of the Local Agency, which expressly author/zes the Local Agency to enter into this contract and ro expend its match share of the Work. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 10. This contract is executed under the authority of §§ 29-I-203, 43-1-110, 43-I-116, 43-2-101 (4)(c) and 43 -2-144. C.R.S., as amended, and the Local Agency ordinance/resolution. 11. The parties hereto desire to agree upon the division af responsibilities with regard to the project 12. The Local Agency xs adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. Page 2 of 22 P52 13. The State certifies that such work can be more advantageously performed by the Local Agency. NOW. THEREFORE. it is hereby agreed that: I. STANDARD FORM CONTRACT This is a standard form contract that is designed to efficiently contract for and administer 2 types of program projects: i) program projects which include the same basic work elements (design; constmctmn: construction administration by local agency; right-of-way; utilities: etc.); and also. 2) program projects with specific differences in those basic work elements te.g., a specific project may include design but no construction, or ~t'may include design and construction but the State will do the construction administration, etc.~ The form contract accommodates both types of projects by using qualifying language to condition the a~oylication of_12articular contract requirements, based on whether specific work elements are included in the project. For instance, where the contract provides ... 'If the Work includes engineering/design services, the Local Agency shall perform the following reqmrements ...", the Local Agency need perform those requirements only if engineering/design services are expressly included in the project, as defined in the Scope of Work. (Conversely, notwithstanding that language is in the contract, the Local Agency can ignore those "requirements" if engineering/design services are NOT expressly included in the Scope of Work.) The Local Agency shall interpret such qualifying language in that manner. By using such language, the form contract can apply to both the general and the specific types of projects, thus making it easier to administer and saving the State and the Local Agency nme and expense. II. PROJECT DESCRIPTION 'The project" or "the Work" under this contract shall consist of constructing pavement on Cemetary Lane Trail to reduce the PM-10 emissions, in Aspen. Colorado, as more specifically described in Exhibit A, attached hereto and made a part hereof(the Form #463 and/or a "Scope of Work") as it may be revised by the part,es in the design review process before the project work is actuall? started. Page 3 of 22 P53 lit. INCORPORATION BY REFERENCE All federal and state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorporated herein by this reference as terms and conditions of this contract as though fully set forth IV. WORK RESPONSIBILITY The Local Agency shall be responsible to perform all design, right-of-way, utility, construction, and construction administration tasks required tO complete the Work. and the Local Agency shall comply with all applicable terms and conditions of this contract in performing the Work. including those process and task responsibilities and standards asspecificall7 indicated in the Pre-Construction and Construction Administration Checklists attached hereto and made a parr hereof. The responsible parry shall perform all such tasks in accordance with applicable requirements and standards, including_ those in this contract an_d_i.n__a.p~licable law. V. PROJECT FUNDING PROVISIONS The funding provisions for the project are attached hereto and incorporated herein as Exhibit C. VI. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Local Agency for the federal-aid share of the project charges following the State's review and approval of such charges, subject to the terms and conditions of this contract. Provided, however, that charges incurred by the Local Agency prior to the date of FHWA authorization for the project and prior to the date this contract is executed by the State Controller or his designee will. not be charged by the Local Agency to the project. and will not be reimbursed by the State, absent specific FHW'A and/or State Controller approval thereof. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in Title 49. Code of Federal Regulations. Part 18 (the "Common Rule"), Subpart C ("Financial Administration"), including 49 C.F.R. 18.22, shall Page 4 of 22 P54 govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. in accordance with the provisions of Exhibit C and with the terms and conditions of the contract. 2. necessary for accomplishment of the Work. 3. reasonable in amount for the goods and services provided. 4. actual net cost to the Local Agency (i.e., the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred). 5. incurred for Work performed subsequent to the effective date of this contract. 6. satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance .... w~i~ gen_er_ai~ly accepted accounting, standards ak.~se_parate set of accounts= or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. All allowable costs charged ro the project, including any approved serwces contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls. invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D Upon execution of this contract, the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, Page 5 of 22 P55 including prior FHWA approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds remzun available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. E. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each billfrom_ the State, the Local Agenc_y will remit to the State the amount billed no later than 45 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apporrmnments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementar~ Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section [within 45 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full The interest shall accrue for the period from the required payment date to the date on which payment is made. F. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts af services performed, the dates of performance and the amounts and description of Page 6 of 22 P56 reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof as Exhibit D. G. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by the State within 50 days after the end of the contract term. I. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase ofthe described services. The liability Of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of finai audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud, or defalcation shall be recovered frorn_t_he__L_o_cglAgency_hy__d_educ_ti_on fr_o_r~s_u_b~_qg~L~e~[ under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under the Common Rule shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. VII. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Director. Region3. 222 South Sixth Street. Grand Junction. CO 81501-2769. (970)248-7225 Said Region Director will also be responsible for coordinating the State's activities under this contract. Said Region Director will also msue a "Notice to Proceed' to the Local Agen% for commencement of the Work. All communication relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. Until changed by notice in writing, ail routine correspondence shall be addressed as follows: Page 7 of 22 P57 If to State: If to the Local Agency: Karen Rowe Stephen Ellspersman CDOT Region 3 City of Aspen 202 Centennial 130 Galena Street Glenwood Springs, CO 81601 Aspen. Colorado 81611 (970) 945-8187 (970) 920-6010 B. The State will reimburse the Local Agency for the federal-aid share of the project charges, as provided in Exhibit C C. If the Work includes construction, the State, at its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines are necessary to assure compliance with State and FHWA requirements. D. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all project work has been satisfactorily completed, the State will sign the FHWA form I212. VEIl. LOCAL AGENCY COMMITMENTS A. DESIGN. I. If "the Work" includes preliminary design, or final design (a:k.a. "construction plans") or design work sheets, or special provisions and estimates (collectively referred to as "the Plans"), the par~y that is responsible under Section IV (either the Local Agency or the State) for the Plans\design shall comply with the following requirements, as applicable: 1. perform or provide the Plans, to the extent required by the nature of the Work. 2. prepare final design ("construction plans") in accord with the requirements of the latest edition of the American Association of S tare Highway Transportation Officials (AASHTO) manual. 3. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4. include details of any required detours in the Plans. in order to prevent any interference of the construction work and to protect the traveling public. 5. stamp the Plans produced by a Colorado Registered Professional Engineer. Page 8 of 22 P58 6. provide final assembly of Plans and contract documents. 7. be responsible for the Plans being accurate and complete. 8. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. II. If the Local Agency is the responsible party: 1. It shall afford the State ample opportumty to review the Plans and make any changes in the Plans as directed by the State to comply with FI-DVA requirements. 2. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided. however, that if federal-aid funds are to participate in the cost of such work to be done by a consultant, the Local Agency shall ensure that its procurement of that consultant contract Land the .p_erformance_Lprovision of the Plans under that contrac__I2_co_m_plles with all ap_plicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172. ,'concerning the Administration of Engineering and Design Related Service Contracts), and with any procedures implementing those requirements as provided by the State, including those in Attachment #1, which is incorporated herein by this reference. If the Local Agency does enter into a contract with a consultant for the work: it shall (or its consultant shall) submit any design consultant subcontract to CDOT for approval prior to its execution by the Local Agency/Contractor, as required by § 172.5 (d); b) it shall ensure that ali changes in the consultant contract shall be by written supplemental agreement and must have prior approval of the State and FHWA. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall be similarly submitted: c) it shall require that all consultant billings under that contract shall comply with the State's standardized consultant billing format. Examples of the billing Page 9 of 22 P59 formats for the various methods of contract payment are attached hereto as Attachment 2: d) it shall (or its consultant shall) also use the CDOT procedures as described in Attachment #1 re administer that design consultant subcontract, to comply with § 172.5(b) and (d); e) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney and]or authorized representative certifying compliance with those CDOT Attachment #1 procedures and with the requirements of § 172.5(b) and ~,d). f) it shall ensure that !ts consultant contract complies with the requirement of 49 CFR § 18.36(i) and contains the required provisions, as well as the following language which shall be included verbatim: 1) "The design work under this contract shall be compatible with the re_q_uirements of a separate contract between the Local Age_nc¥ and the State _.. (which is incorporated herein by this reference) for the design]construction of the project. The State is an intended third party beneficiary of this contract for that purpose." 2) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of constmctiot! ~and the reso!u~ion of construction problems that may arise during the construction of the project." 3) "The consultant shall revie3v ~h~ cons~rm~t!on contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in connection with this work." B. CONSTRUCTION. I. If "the Work" includes construction, the party that is responsible under Section IV for the construction/construction administration I. either the Local Agency or the State) shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the project's Pre-construction and Construction Contract Page 10 of 22 P60 Administration Checklists. Such administration shall include project inspection and testing; approving sources of materials: pe~'orming required plant and shop inspections: documentation of contract payments, testing, and inspection activities: preparing and approving pay estimates: preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions ~MCRs): processing contractor claims: construction supervision: and. meeting the Quality Control (QC) reqmrements of the FHWAJState stewardship program, all as more fully described in the project% Pre- construction and Contract Administration Checklists. If the Local Agency is the responsible parry: 1. it shall appoint a qualified professional engineer, licensed in the State of Colorado. as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and applicable State procedures. The LAPE ma¥_l)e an em_pl~oye_e of the Local ~Ag~n~cy_o_r may be a consultant. If the LAPE is an employee of the Local Agency, the LAPE shall be in responsible charge of the construction of the project fas provided in § 12-25-102 C.R.S. as amended'). notwithstanding any exception described in § 12425-103. C.R.S.. as amended. 2 if bids are to be let for the construction of the project, it shall advertise the call for bids in conjuncuon with the State and upon concurrence by the State, award the construction contract(s) to the low responsive, responsible bidderfs), In advertising and awarding the bid for the construction of a federal-aid projecr~ the Local Agency shall comply with applicable requirements of 23 U.S.C. § 112 and 23 C.F.R. §§ 633 and 635 and §24-92-101 et seq. C.R.S. Those requirements include, without limitation, that the Local Agency/Contractor shall physically incorporate the entire "Form 1273" twhich, if relevant to this contract, is attached) verbatim into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR § 633.102(e). b) The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency Pagellof22 P61 must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later. c) By indicating its concurrence ~n such award at the award conference, the [,ocal Agency acnng by or through its duly authorized representatives, agrees ro provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal4aid funds will be made available for the project.) 3. if all or part of the construction work is to be accomplished by Local Agency personnel (i.e., by "force account"), rather than by a contractor pursuant to a contract with the Local Agency, the Local Agency will ensure that all such force account work ~s accomplished ~n accordance with the pertinent State specifications and requirements and with 23 C.F.R. Part 635. Subpart B. 'Fome Account Construction". a) Such work will normally be based upon estimated quantities and firm unit .p~ices_gagreed to between the Local Agency_,.the _State and_the FHWA in advance of the Work. as provided for in § 635.204~.c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. b) An alternative to (a) is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Acquisition Regulations (FAR). 48 C.F.R. Part 31. c } Rental rates for publicly owned equipment will be determined in accordance with §109.04 of the State's "Standard Specifications for Road and Bridge Construction". d) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. C. ROW ACQUISITION/RELOCATION Prior to this project being advertised for bids. the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is reqmred. Page 12 of 22 P62 D. UTILITIES. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company' which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. E. RAILROADS. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the Work is to be accomplished by railroad company forces, the Local Agency shall make timely application to the State Public Utilities Commission requesting irs order providing for the installation of the proposed improvements and nor proceed with that parr of the work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with ap_p!ica_ble_p_rovisions_of 23 Code 0f Federal R~gulat_ions_646,~Subp_art B_, con_c, eming feder_aI-_ aid projects involving railroad facilities, including: 1, Executing an agreemem setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation F. ENVIRONMENTAL. The Local Agency shall perform all work in accord with the requirements of current federal and state environmental regulation including the National Environmental Policy Act of 1969 (NEPA) as applicable. G. RECORD KEEPING. Page 13 of 22 P63 I. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment ro the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. II. The Local Agency shall, during all phases of the Work, permit duly authorized agents and employees of the State and the FH'WA to inspect the project and to inspect, review and audit the project records. H. MAINTENANCE. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. and will make ample provision for such maintenance each year. Such mmntenance and operations shall be in accordance with all applicable statutes and _ordiaan~ex,_and _r_egulat kms_ _prmnulga~d~ he£e&nder_~ ,,vhich xkefiae_t he_L~f, ge.n~ ....... obligation to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. I. FEDERAL REQUIREMENTS. The Local Agency/Contractor shall at all times during the execution of this contract strictly adhere to, and comply with; all applicable federal and state laws. and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. The contractor shall also require compliance with these statutes and regulations in subgrant agreements permitted under this contract. A listing of some of the federal and state laws that may be applicable, depending on the Local Agency/Contractor work responsibilities under this contract, are described in ADDENDUM A. J. DBE REQUIREMENTS The Local Agency will comply with the requirements of Appendix B and the Construction Contract Administration Checklist regarding DBE reqmrements for the work. except that if the Local Agency desires to use its own DBE Program to implement and administer the DBE provisions of Title 49 CFR Part 23 under this contract, it must sul?mit a copy of its program's Page 1 q- of 22 P64 requirements to CDOT for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE Program and its use of that Program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation. determinations concerning DBE eligibility and certification, adequate legal and factual bases for DBE goals, and good faith efforts. CDOT approval (if any) of the Local Agency's DBE Program does not waive or modify the sole responsibility of the Local Agency for its use as described above. K. LOCAL AGENCY FUNDS The Local Agency shall provide its match share and indirect cost funds for the work as outlined in Exhibit C. IIX. TERM _~___This &o_n tr.a~t_shall~ze_cm'r~ "e.f fe_c_ti v e2_Qr ~ p_ma Controller, or designee. The term of this contract shall begin on the date first written above and shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. X. GENERAL PROVISIONS A. Notwithstanding any consents or approvals given by the State for the Plans. the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the Work of this contract. B. If the Work involves construction, the State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work. or for any other condition or reason deemed by the State to be in the public interest. C. This contract may be terminated as follows: Fage 15 of 22 P65 1. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill. in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents. data. studies, surveys, drawings, maps, models, photographs, and repons or other material prepared by the Local Agency under this contract shall, ar the option of the State, become its property, and the Local Agency shall be entitled to received just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to remm any payment advanced under the provisions of this contract. __ 'N~t.~t hsmndin g_abo~ e ~t he_L~c_al_A genc_y_shalLno_Lke_r.elie ve_zL2~a~ he ..... State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience ~ as described herein, 2. Termination for Convenience, The State may terminate this contract at an) time the State determines that the purposes of the distribution of funds under the contract would no longer be setwed by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such terminanon. 3, Termination Due to Loss of Funding, The parties hereto expressly recognize that the Local Agency is to be paid. reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for -'"----- - - P_age 16 of 22 P66 the project provided for herein, and therefore, the Local Agency expressly understands and agrees that ail its rights, demands and claims to compensanon arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State. the State may immediately terminate or. amend this contract. D. Notwithstanding anything herein to the contrary, the parries understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. E. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be parr of this contract on the effective date of such ckange_asD2LfulLy_ seLf~rttLkeatei m _Ex~.pt_as_sp_ecific_alLy_pro_vZded_o_t h.er_v2s.e&emirt ._n_o modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. F. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subgequent breach. G. This contract is intended as the complete integration of ali understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequem novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. Page 1'7 of 22 P67 H, Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. I. The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. The Local Agency's further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. J. Attachment LO (Certification for Federal-Aid ~Cqpt, rp. crs)~ and Appendix B (DBE requirements) and Addendum B. Contract Modification Tools. attached hereto are hereby made a part of this contract. The Local Agency shall comply with all applicable terms and conditions of such attachments. K. If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such a confiict shall be as follows: 1. This c_o n t r aci _lar~i~r_; xarkd _._ 2. The attachments enumerated in Section IX, paragraph K, above: and 3. Other contract exhibits and attachments, in descending order of their attachment. L It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shah give or allow any such claim or right of action by any other or third person on such contract. I~ is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be d~emed to be an incidental beneficiary only. M, The Local Agency assures and guarantees that ir possesses the legal authority to enter into this contract. The Local Agency warrants that it has taken all actions required by its procedures, by-laws, and/or applicable law to exermse that authority, and to [awfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that they have full authorization to execute this contract. Page 18 of 22 ~I~.8 SPECIAL PROVISIONS 1. CONTROLLER'S APPROVAL. CRS 24-30~202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such asststant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for mat purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor. or its employees, agents, subcontractors, or assignees pursuant to the terms ~f this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of an> of the immunities. rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act. CRS 24-10-I01 et seq. or the Federal Tort Claims Act_ 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS )uN EMPLOYEE. NE1THER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYF~ OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ~kLL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCPd~ I-lEAD TAX ON ANY MONTES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACtGNOWLEDGES THAT TH~ CONTRACTOR )uND iTS EMPLOYEES ARE NOT ENT1TLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS TLIE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT TI-IE STATE DOES NOT PAY FOR OR OTHERWISE PROVITDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION. EXPRESS OR IMPLIED. TO BIND THE STATE TO ANY AGREEMENTS, LIA. BI]LITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH I-IEREIN. CONTRA~'~R SHALL PROVIDE AND KEEP IN FORCE X~-RKER~-5~MPENS~'~'ON '~ PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY TIniE STATE AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE SOLELY RESPONS IElE FOR THE ACTS OF THE CONTRACTOR. [I'S EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution. and enforcement of this contract. Any provision of this contract, whether or not incorporated herein b5 reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws. rules, and regulations shall ye considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provlston in whole or in part shall be valid or enforceable or available m any action at law whether by way of compmmt, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the Stoic of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Revised: 12/1/01 Page 19 of 22 P69 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS GOVERNOR City of Aspen By Legal Name of Contracting Entity For Executive Director Department of Transportation 846O00563 Social Security Number or FEIN LEGAL REVIEW: Signature of Authorized Officer KEN SALAZAR ATTORNEY GENERAL By. Print Name & Title of Authorized Officer CORPORATIONS: .'.' ;~i ........ (A corporate seal or attestation is required.) ~ Attest (Seal) By (Corporate Secretary or Equivalent. or Town/City/County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER ARTHUR L. BARNHART By. Date Revised: 12/1/01 Page 20 of 22 P70 TO: Mayor and City Council /'~,/' V~ a~l9 PT1 THRU: Julie Ann Woods, Community Development Director big THRU: Lee Cassin, Environmental Health Director '~J ~C FROM: Jaunette Whitcomb, Environmental Health Department DATE: January 27, 2003 RE: Noise ordinance revisions SUMMARY: This memo summarizes the proposed revisions to the City Noise Ordinance as discussed by Council at the August work session. The purpose of the revistons is to make the ordinance consistent with City Council's goals for events and to make the ordinance easier to understand. PREVIOUS COUNCIL ACTION: Council directed staffto revise the noise ordinance incorporating the issues and ideas discussed at the August work session. BACKGROUND: The City of Aspen noise ordinance has been in place since 1981. The existing law has worked very well for the past 22 years, with minor exceptions. The ordinance was amended two years ago to allow variances for special events 9n l~ublic r~ro~ertv to exceed noise levels set in the law. Events that take place on private property, such as weddings or parties at hotels, or evems at Highlands Village still could not apply for a noise variance. Also, the amendments did not specify how many variances should be granted at any one location, or how to manage these variances, such as the length of time the event could exceed the noise levels. It is staff's opinion that the existing law is inconsistent with what Council wants for events and vitality in Aspen. Staff also believes that if Council wants to encourage such activities staff should not be requiring applicants to submit paperwork and pay fees that create a burden for the. applicants. Gas powered leaf blowers have been illegal since 1981. Staffhas received citizen petitions and complaints about the continued use of gas Powered leaf blowers. The proposed changes allow electric leaf blowers, which are quieter, as a viable alternative for landscapers, property managers and homeowners, In the past there had been issues on how to measure noise and reluctance to enforce, especially on the weekends. The proposed changes eliminate the requirement of 1 O-minute readings and authorize any Type of enforcement officer to respond to a noise complaint. Noise exposure can lead to permanent, incurable hearing loss or permanent ringing of the ears, and can contribute to increased psycholog/cal stress and reduced productivity. In order to protect the public health and quality of life of Aspen's citizens, the Environmental Health Department recommends the strictest standards to preserve peace and quiet consistent with Council's other goals. DISCUSSION: The major changes in the ordinance include: Treating all public events the same, whether they require a Special Event Permit or not, (Public events would be allowed to exceed zone district noise limits during certain hours.) P72 · Noise exceeding the zone-district levels is allowed for public special events during the hours between 9 AM to 9 PM with a decibel limit of I00 dbA (Staff suggests 100 dbA since it worked for Spring Jam the last two years). This removes the variance requirement and fees for SpeciaI Events. · Private events like weddings at hotels are allowed, with the same time limits and controls as for public events, with additional requirements. These requirements include that noise cannot exceed 80 dbA, maximum of two per week per property and should events disturb neighbors, event organizers will meet with the Environmental Health Department to determine additional control measures to reduce impacts on neighbors in the future. · Discontinuing the "four per year" policy for the Farmers' Market allows the appropriate number to be determined in their vending agreement with the city. · Athletic events are allowed to exceed zone-district noise levels from 7 AM to 9 PM to t~ccommodate running races. · Noise from construction sites throughout town (not just in residential areas) is limited from 7 AM to 7 PM, Monday thru Saturday. This is the existing restriction for residential areas, but many commercial areas adjoin residential areas and lodging areas. This preserves a measure of quiet in these areas as well. · Allow electric leaf blowers as a viable altemative to gas powered leaf blowers, which have been illegal since 1981. All the changes to the noise ordinance will be publicized and staffwill work with the CSOs and other enforcement officers to make the transition as smooth as possible. FINANCIAL IMPLICATIONS: We hope these changes reduce stafftime spent on processing paperwork. It will reduce revenues to the City for noise variances ($578 in 2002), but will also reduce costs to the public. RECOMMENDATIONS: Staff recommends that Council approve these revisions that address noise at all types of events, reduce and streamline paperwork, simplify the ordinance and clarify enforcement. Staffbelieves the revised ordinance provides a balance between Aspen's peaceful coexistence with nature and the excitement and vitality of its culture. ALTERNATIVES: Alternatives include not allowing noise at any private events. PROPOSED MOTION: "I move to approve Ordinance # [ [ Series of 2003 to amend the City of Aspen noise ordinance." CITY MANAGER COMMENTS: ~:'~5' ¢,~-::',-~---,~-~& ?~ ~ s,'~'4~~/ P73 Ordinance NO. [ [ (Series 2003/ AN ORDINANCE AMENDING CHAPTER 18.04. NOISE ABATEMENT, OF THE MUNIC/?AL CODE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR~adDO WHEREAS. the Environmental Health Department has determined that the existing rules and regulations governing noise are inadequate to protect the health and welfare of the residents of the City of Aspen; and WHEREAS, the Environmental Health Department has determined that the existing rules and regulations governing noise do not provide a balance between Aspen's peaceful coexistence with nature and the excitement and vitality of its cukure; and WHEREAS, amendments to the aforementioned rules and regulations have been proposed by the Environmental Health Department to correct deficiencies in the existing rules and regulations; and WHEREAS, The City Council of the City of Aspen has determined that the aforementioned changes benefit the health and welfare of the residents and visitors to the City of Aspen: and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOKADO: Section l Thal sections 18.04.010 thru 18.04.090 of the Municipal Code of the City of Aspen, Colorado are hereby repealed and re-enacted to read as follows: 18.04.010 Declaration of policy. The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing th/eat f6 the public peace and to the health, safety and welfare of the residents o~"'~f~e C{ty of Aspen and to its visitors. Noise has an adverse effect on the psychological a~t physiological well being of persons, thus constituting a present danger to the economic and aesthetic well being of the community. Accordingly, it is the policy of council to pr0vi~i'b'~st~rid~rd~'~'0r permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels. 18.04.020 Definitions and standards. (A) Ail terminology used in this chapter and not defined below shall be in conformance with applicable publications of the American National Standards 1 P74 Institute (ANSI) or its successor body. For the purposes of this chapter, certain words and phrases used herezn are defined as follows: (1) Commercial district. An area zoned primarily for commercial use as defined in Title 2fi of the Aspen Municipal Code, including, but not limited to, areas designated CC, C-l, S/C/I, NC, O, P (when surrounded by these desig'nations), SKI. and as such designations may be amended. (2) Construction activities. Any and all activity incidental to the erection, demolition, altering, assembling, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating, filling, landscaping, use of power equipment and the delivery, loading or unloading of materials and equipment. (3) Dynamic braking device (commonly referred ro as Jake Brake). A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. (4) Lodge District. An area zoned primarily for lodge use as defined in Title 26 of the Aspen Municipal Code. including, but not limited to, areas designated L/TR, CL, LP, P { when surrounded by these designations) and as such designations may be amended. (5) Nighttime. Shall mean the period from 9:00 p.m. to 7:00 a.m. daily. (6) Property line. An imagmary line, at the ground surface, and its vertical extenszon, which separates the real property owned or rented by one person from that owned or rented by another person and separates real property from the public premise, or in multiple dwelling units from the adjoining unit, such as the wail between two apartments. (7) Residential d/strict. An area zoned primarily for residential use as defined in Title 26 of the Aspen Municipal Code, including, but not limited to, areas designated R-3, R-6, R-15, R-15A, R-15B, R-30, R/MF, RR, M/MFA, AHPUD, A, C, PUB, P (when located adjoining properties with these designations) and as such desi~ations may be amended. (8) Sound level meter. An apparatus.or instrument including a microphone, amplifier, attenuator, output meter and frequency weighting networks for the measurement of sound levels. (9) Special event. Defined in Section 14.20.010 of the City of Aspen municipal code. 2 P75 (B) Standards used in the measurement of sound as provided for in this chapmr shall be those as specified herein: (1) Sound level measurement shall be made with a sound level mete~ using the "A" weighting scale, set on "slow" respon~-e. ' ......... "' (2) Measurements shall be taken at the property line of the source. The meter shall be used according to manufacturer specifications. The meter shall not be held in front of the person taking the reading. (3) Background noise levels shall be taken for comparison with a given source for accuracy ora measurement. Enforcement actions will be taken if the source of noise is greater than the stated permissible levels and the background noise level. (a) Extraneous or momentary spikes in the background noise readings shall not be used to compare with the source noise readings. (b) If the source is constant and too loud to determine the background noise level, then the enforcement officer must find a similar site and distance to test for the background noise level. (4) These noise regulations are enforceable by all City of Aspen law and code enforcemem officers. 18.04.040 Noises prohibited, nuisances. (A) General prohibitions. It shall be unlawful, with penalties provided in the Aspen Municipal Code, section 1.04.080, for any person to create, cause or allow the continuance of any unreasonably loud, disturbing, unusual, frightening or unnecessary noise, which interferes with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following: (1) Horns and signaling devices: The intentional sounding o£any horn or signaling device ora motor vehicle on any street or public place continuously or intermittently, except as an emergency warning device. (2) The sounding ora security alarm for more than five (5) minutes. (3) The repair, rebuilding or testing of any motor vehicle during nighttime. (4) Operating or permitting the operation of any motor vehicle or motomycle not eqmpped with a muffler or other device in good working order so as to effectively prevent loud or explosive noises there from; operating any such 3 . P76 vehicle in a mamner as to constitute unreasonable, disturbing noise that constitutes a nuisance. (5) Dynamic braking devices (commonly referred to as a Jake Brake). Operating any motor vehicle with a dYnamic braking device engaged except for the aversion of imminent danger. (6) Noisy parties: Congregating because of, or participating in any part or gathering o£people, during nighttime in such a manner as to disturb the peace. (7) The playing of any radio, phonograph, musical instrument, outdoor speakers, television, or any such device in such a manner as to disturb the peace of nearby persons, particularly during nighttime. (8) The yelling, shouting, whistling or singing on the public streets or private property at nighttime in such a manner as to disturb the peace. (9) The use of leaf blowers other than electric-powered leaf blowers. (10) Construction between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday in any Zone District. (1 I) Construction on Sundays in any Zone District. (12) The use or firing of explosives, firearms or similar devices, which create loud sound. 18-04.050 Allowed Noises based on time of day and other restrictions. (A) The following noises are allowed to exceed the Zone District noise levels during specified times of day unless deemed a disturbance of the peace by an enforcement officer. (1) Sound emanating from outdoor athletic events between 7:00 a.m. and 9:00 p.m.. (2) Construction activities between 7:00 a.m. and 7:00 p.m., Monday thru Saturday, with the following conditions: (a) Noise levels do not exceed 80 decibels at the property line; and (b) Equipment is operated in accordance with manufacturer's specifications and with all standard manufacturers' mufflers and noise-reducing equipment in use and in properly operating condition; and 4 P77 (c) Notices shall be posted ro inform workers, including sub-contractors, aboul the basic noise requirements, as well as specific noise restrictions, to the project; and (d) Jack hammering, drilling, large compressors, and other types of equipment that exceed 80 decibels must be used in conjunction with an approved noise suppression plan outlined in 18.04.070 of this chapter. (3) Special Events or other events to which the public is invited with the following conditions: (al The maximum decibel level at the perimeter of the event does not exceed 100 decibels; and (b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.; and (c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source are notified. Such notification must be in writing and be done seven (7) days prior to the starting time ofth~ event; and (d) The arrar, gement of loud speakers or the sound instruments must be such that it minimizes the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines; and (e) All reasonable measures are taken to baffle or reduce noise ~mpacts on the neighbors; and (f') Event organizers agree m cooperate with the Police Department in addressing noise complaints from neighbors, which may include the termination of the event. (4) Private events to which the public is not invited with the following conditions: (a~ Private events must comply with the requirements of parts (b) thru (f) of section (3) governing public events; and (b) The maximum decibel level at the perimeter of the event does not exceed 80 decibels; and (c) Maximum of two per week at any property; and (d) If complaints are received from neighbors about noise from a private event, the event organizer must meet with the Environmental Health 5 P78 Department and implement additional control measures for future events to prevem disturbance of neighbors. (e) An administrative fee as set in the City Fee Ordinance is required for review of the additional control measures. (5) Farmers' Markets. Sound from the Farmers' Market during times and dates specified in its current vending agreement with the City of Aspen. 8.04.030 Maximum permitted sound levels in zone districts. (A) No person or group of persons shall operate or cause to be operated any continuous, regular or frequent source of sound that exceeds the maximum permissible sound pressure level listed in Table 1. Table 1: Maximum noise level by Zone District Zone District Nighttime 9:00 p.m. to 7:00 Daytime 7:00 a.m. to 9:00 a.m. p.m. Residential 50 dBA 55 dBA Commercial 60 dBA 65 dBA Lodging 55 dBA 60 dBA (B) No person shall drive, operate, move, cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the noise limits for the category of motor vehicle shown in Table 2. (C) Noise shall be measured at a distance of at [east twenty-five (25) feel from the vehicle with the sound level meter at least four (4) feet above the immediate surrounding surface: Table 2: Maximum Vehicle Noise levels Type of Vehicle Noise level dBA for Noise lever dBA for Speed Speed of 35 mph or less over 35 mph Motor vehicles with a 86 90 manufacturer's gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,000 pounds or more, or by any combination of vehicles towed by such motor vehicle 6 P79 Any other motor vehicle 82 86 (less than 10,000 pounds) or any combination of vehicles towed by any motor vehicle 18.04.060 Exemptions. (A) The following uses and activities shall be exempt from noise Ievel regulations: (1) Emergency construction work that is necessary to restore property to a safe condition following a fire, accident or natural disaster, or to restore public utilities, or to protect persons or property from an imminent danger. Such work must comply with the requirements of this ordinance for a noise suppression plan. (2) Noises of safety signals, warning devices, and emergency pressure relief valves. (3) Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency. (4) Noise from snow plowing, street cleaning or trash collection. (5) Lawful fireworks. (6) Electric leaf blowers. 18.04.070 Noise Suppression plans for construction activities where decibel limits will be exceeded. (A) Noise suppression plans shall be submitted for approval to the Aspen Environmental Health Department or Police Department. (B) Noise suppression plans shall include: (I) comact information, (2) dates of the activity, (3) hours of activity, (4) location of activity, (5) any equipment constraints that prevent common noise reduction measures, (6) description of how sound blocking or reducing measures will be used, (7) layout map of the locations of baffles and other sound blocking or reducing measures with relation to source of noise. P80 (C) Submittal must be timely for adequate review, (D) Approval may be granted upon good and sufficient showing: (1) That the activity, operanon or noise source will be of temporary duration and carmot be done in a manner that would comply with this chapter; and (2) That no reasonable alternative is available to the applicant. (E) An administrative fee as set in the City Fee Ordinance is required for review any noise suppression plan. (F) The City of Aspen may prescribe any reasonable conditions or reqmremems deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. 18.04.080 Enforcement. (A) Enfomemem officers may issue a warumg notice or summons and complaint to any person in.violation of this chapter. (B) An Enforcement Officer shall have the right to inspect property concermng any noise complaint. 18.04.090 Penalty assessment. (A) Any person violating any provision of this chapter may be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in section 1 34.080 of this Code, Each day any violation of this chapter shall continue shall constitute a separate offense. Section 2 This ordinance, when effective, shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding then pending under or by virtue of the ordinances repealed or amended as herein prohibited, and the same shall be construed and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion P81 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining poruons thereof. Section 4 A public hear/ng on the ordinance shall be held on the day of ,2003, in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of ,2003. Helen Kalin Klandemd. Mayor ATTEST: Kathryn S. Koch, City Clerk 9 P82 TO: Mayor Klanderud and Council THROUGH: John Worcester, City Attorney Randy Ready, Assis~am City Manager FROM: Nida Tautvydas '~ DATE: February 4, 2003 RE: Proposed Fee Increases 2003 SUMMARY: Request is for the approval and acceptance of fee increases as omlined in Attachment A, resulting in an approximate 3% budget increase for the year 2003. PREVIOUS COUNCIL ACTION: Council has reviewed on first and second reading proposed fee increases for 2003, however has requested further input ~n i6g'iili~on-profit arts organizations. This item is therefore returning for first reading on February 10 and scheduled public hearing on February 24. BACKGROUND: Fees have not increased since 1997, and in 1998 the Wheeler Opera House changed its fee structure and ratgs resulting in significant reduction in fees. Current rates, even those applicable to for-profit entities do not cover associate~ expenses. A fee increase is suggested due to inflationary increases over the years and the need to clarify the recording tee structure. At the direction of Council, I have contacted over 35 local arts organizations through an email providing detailed information regarding the proposed fees. I have also contacted personally those organizations that have rented the Wheeler in the recent past. I have included in Attachment B a copy of my memo and a detail of comments from those organizations I was able to reach. (See Attachment B) DISCUSSION: I am estimating an increase to fees resulting in approximately a 3% budget increase for 2003, specific fee line items have proposed increases ranging from 0 - 20%. The reason for this broad range is that some fees need more of.~an_ adjustment than others in order to approach covering costs associated with those items. Rate increases are only suggested for a few fees, all other fees will expenence no mcrease. Renters of the Wheeler will experience a slightly different fee increase based on the nature of their event. The most significant change to fees involves events that choose to record in the Wheeler Opera House. This has historically been a gray area, where associated costs can vary greatly and more latitude is needed in applying the appropriate fee. For example, the costs associated with and impact to the Wheeler vary greatly when comparing an archival audio recording event ro a full camera television broadcast event. A synopsis of the proposed rate changes ts as follows: P84 Old Rate Proposed Rate % Increase Phone Order Service Fee $3.00 $3.50 17% Non-Profit Rehearsal Rate $25/Hour $30/Hour 20% For-Profit Rehearsal Rate $50~65/Hour $60-75/Hour 15%-20% Private Rehearsal Rate $150-I 65/Hour $175-I 90/Hour 15%-175 ~ Non-Profit Performance Rate $400~575fDay $425-600fDay 5% ~ 6% For-Profit Performance Rate $900-1000/Day $950-1100/Day 6% - 11% Private Performance Rate $1350-1850/Day $1400~2000/Day 4% - 8% Recording Fees $5.000fDay $2000-3000/Day (40%-60%) FINANCIAL IMPLICATIONS: The net result of all proposed fee changes is an overall budget increase of approximately 3%. The proposed increase is included in the approved 2003 budget. Additionally, with/n the Wheeler LRP, an annual increase of 3 - 4% is projected. Th/s is significant to the budget as we consider the impact ro our ability to meet Endowment Fund goals and continuing arts grants suppom RECOMMENDATION: The Wheeler Opera House Board and staff recommend approval of the proposed fee increases as outlined in the attachment. ALTERNATIVES: If no fee increases are made this year, then the Wheeler will continue to operate as it has - there will be no impact to services offered. However, Wheeler operating and maintenance expenses continue to rise each year, in effect, increasing the percentage of subsidy to all renters of the Wheeler. Currently non-profits benefit from a 60 - 80% savings, and for profit entities see approximately a 15+/~% subsidy. PROPOSED MOTION: CITY MANAGER COMMENTS: P85 Attachment A Section 4 That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for Wheeler Opera House, is hereby amended m read as follows: 2.12.045 Wheeler Opera House In House Box Office Sales: Either a) 5% of gross ticket sales or (b) a fiat fee per week as outlined below: GENERAL ADMISSION or RESERVED SEATING No. of Performances Weekly Rate I $300,00 2-5 350.00 6-10 400.00 11-20 450.00 21 or more 500.00 Under either option a $0.25 per ticket eomp/consigranent fee shall apply and the renter shall be responsible for credit card fees. Additionally, a $3.50 fee shall be added to the price of each phone order. Out-of-House Box Office Sales: Box office fees shall consist of a 6% of the gross ticket sales fee, $0.25 per ticket comp/consignment fee, and any credit card fees. Additionally, a $3,50 fee shall be added to the price of each phone order. ~Paeater Rental Rates: Rehearsal Rates Regular Season Non-Profit For-Profit Private Sun-Thurs. Fri-Sat. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. $30/hour $30/hour S60/hour $60/hour $175/hour $175/hour High Season Non-Profit For -Profit Private Sun.-Thars. Fri.-Sat. Sun.-Tnurs, Fri.-Sat. Sun.-Tl~urs. Fri.-Sat. $30/hour $30/hour $75/hour $75/hour $190/hour $190/hour Daily Rental Rates (Performance Days) Regular Season Non-Profit For-Profit Private Sm-Thurs. Fri-Sat. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. $425/day $500/day $950/day $1000/day $ t400/day $1650/day High Season P86 Non-Profit For-Profit Private : Sun-Thurs. Fri-Sat. Sun-Thurs. Fri,-Sat. Sum-Thurs. Fn.-Sat. $525/day $600/day $1050/day $1100/day $1700/day $2000/day * HIGH SEASON RATES APPLY TO THE FOLLOWING DATES: December - March and June - Augusx The following rates apply to any programs/event that will be recorded in any way. Listed below are the daily rates (other fees may apply as outFmed in the rental Packet). Audio Recording Film/Video Recording~ An', Recordin~ for Live/Re-Broadcast/CD/DVD $2.000* $2.500* $3,000 *Some fee considerations may be made in cases where a local non-profit is recording the performance for the express/sole purpose of archival documentation and no reproduction, broadcast or sales of the recorcling of any kind will be made. Disclosure statements are required and must be signed 3 days in advance of the performance. Endowment Fund Contribution: Private events and any event where audio/film/television recorcling is involved for the purpose of broadcast or reproduction shall be assessed an additional $1,000.00 per day or performance whichever is greater, This fee shall be in lieu of item XXI. Section D of the Theater Use Agreement. Additional Rental Charges include: Multiple performances m one day shall be charged an addfitional fee of $250.00 ($150.00 for non*profit orgarf~zations) per performance; charges for minimum persormeI, specialized equipmem, materials, and other incidentals. (A house manager shall be included in the rent for local non-profit organizations. Other labor and eqtfipment shall be subsidized for non-profit groups) See Wheeler Rental Packet for detailed information. P87 Attachment B MEMORANDUM TO: Local Non-Profit Arts Organizations FROM: Nida Tautvydas Executive Director Wheeler Opera House DATE: January 21. 2003 . RE: Proposed Fee Increases 2003 'Some questions arose last week regarding proposed fee increases at the Wheeler Opera House. This e-mail memo is an effort to help answer questions and clarify what is being proposed and why. I have discussed fee increases with some of you individually, and would like to speak to representatives of each organization to clear up any remaining questions or concerns that you may have. I will follow this email up with a phone call to each of you who have used the Wheeler in the recent past, and would be happy to meet personally with any of you as well. In general, what most organizations will experience is a $25.00 fee increase per day. Some organizations using the Wheeler for extended rehearsal periods may also see an increase depending on the length of rehearsals and/or days in the theater. BACKGROUND AND HISTORY: Nearly ail City departments follow a general practice of 4% annual fee increases. However, as you know, there have been no Wheeler fee increases since I997. In fact, in 1998 the Wheeler Opera House streamlined its fee structure and rates resulting in significant reduction in fees at that time. The proposed 2003 fee increase is intended to help cover inflationary cost increases that have occurred over the past five years and to clarify the recording fee structure. Hopefully you are also aware that we have continued to improve the quality and scope of the services offered and the technological capabilities of the Opera House. We have provided more customized service for Our user groups, added internet capabilities, added and improved equipment for which there is generally no additional charge (e.g., moving lights, video/proj ection eqtfipment, and audio capabilities), streamlined operations and staff capabilities so that labor involved can be minimized, and added marketing and advertising support - All of the these items are generally at no additional charge, substantially reducing our renter's overall costs of using the Wheeler and producing their events. The fee structure at the Wheeler Opera House includes a number of items that are determined by the nature of the event. Fees may include items such as base theater rental, labor, equipmem, P88 incidentals, hospitality, box office fees, credit card fees, and other miscellaneous fees as dictated by the event. We have and continue to operate with the philosophy of subsidized rates for local non-profit entities and the desire to keep the facility accessible to the public. For these reasons our rate structure favors non-profit entities and makes considerations for for-profit and private events. I am estimating an increase to fees resulting in approximately a 3%o overall budget increase. In general, the reason for this broad range is that some fees need more of an adjustment than others in order to approach covering costs associated with those items. Renters of the V/heeler will experience a slightly different fee increase based on the nature of each event. No increases are proposed for box office fees, credit card charges, labor, equipment, marketing services, advertising, incidentals, materials, gratuities, etc. Additionally, non-profits will continue tb receive free and subsidized labor rates. Council has reviewed a first reading of the proposed fee increases for 2003. Fees are expected to be approved at the Council meeting on Monday, February 10. PROPOSED FEE INCREASES: The Wheeler Board and staff recommend increases to the following fees: Patron Phone Order Fee is proposed to increase from $3.00 to $3.50. This is an approximate 16% increase. This fee has been $3.00 since the 1980's and is aper order, not per ticket, fee assessed to patrons ordering tickets by phone. Since the 1980's not only have we experienced infiationary operating costs in the box office for items such as labor, materials, office supplies, phone charges, etc., but also with technological improvements and increased capabilities we have seen costs increase over the years for items such as computers, software, service support agreements and the like. Rehearsal rates are proposed to increase at approximately 18% -- from $25 per hour to $30 per hour -- due to our increased and inflationary costs of providing rehearsal space that preempts other programming. Base Theater Rental fees are proposed to increase approximately 4% to 11%. Our structure is based on high and low season, rehearsal or performance day, weekday and weekend dates, and whether the event is a non-profit, for profit or private event. For example, onr daily performance rate will increase as follows: Non-profits 5% - 6% For profits 6% - 11% Private Events 4% - 8% Daily Rental Rate - Performance Days Fees Shown Include An Increase of $25 Per Day Regular Season High Season Non-Profit Non-Profit Sun-Thnrs. Fd-Sat. Sun-Thurs. Fri-Sat. P89 $425/day $500/day $525/day $600/day * HIGH SEASON RATES APPLY TO THE FOLLOWING DATES: Dedernber - March and June - August The Recording Fee Proposal is not an increase, but rather a fine-tuning and recognition that all recordings are not alike. Recording fees have historically been a gray area, where associated costs can vary greatly and more latitude is needed in applying the appropriate fee. Financial considerations involved include the physically taxing nature of recording in the facility, the utilities used are greater than a general program, the audience is greater than the seating capacity and our fees are based on one performance, and there are more monies generated with events thai are recorded in the form of royalties, sales, sponsorships, etc. For example, the costs associated with and the impacts to the Wheeler vary greatly when comparing an archival audio recording event m a full 4-5 camera position television broadcast event. I am suggesting a variable fee structure when it comes to recording so that we can best apply an appropriate fee to the type of recording and the nature of it's purpose. I have noted that non-profits will be considered on a case by case basis so that we do not assess higher fees than necessary. All fees stated are lower than the old $5000 per day theater rental fee for recording. The following rotes apply to any programs/event that will be recorded in any way. Listed below are the daily rates (other fees may apply as outlined in the rental Packet). Audio Recording Film/Video Recording Any Recordin~ for Live/Re~BroadcastJCD/DVD $2,000* $2.500* $3,000 *Some fee considerations may be made in cases where a local non-profit is recording the performance for the express/sole purpose of archival documentation and no reproduction, broadcast or sales of the recording of any kind will be made. Disclosure statements are required and must be signed 3 days in advance of the performance. Endowment Fund Contribution: Private events and any event where audio/film/television recording is involved for the purpose of broadcast or reproduction shall be assessed an additional $1,000.00 per day or performance whichever is greater. This fee shall be in lieu of item XXI, Section D of the Theater Use Agreement. Additional Rental Charges include: Multiple performances in one day shall be charged an additional fee of $250.00 ($150.00 for non- profit organizations) per performance; charges for minimum personnel, speciahzed equipmem. materials, and other incidentals. (A house manager shall be included in the rent for local non-profit organizations. Other labor and equipment shall be subsidized for non-profit groups) See Wheeler Rental Packet for detailed information. As stated earlier, proposed rates, even those applicable to for-profit entities still do not cover associated expenses. These modest fee increases are being proposed to heip offset cost increases over the past five years and to help financiall~y sustain the Wheeler for the years ahead. We value each of you as evem sponsors and vitally important community arts organizations. We look forward to continuing our excellent working relationships and continuing to provide you with word-class facilities and services at very affordable rates. P90 Contacts and Responses I have contacted 20 local organizations that, for the most part, have used the Wheeler Opera House in the recent past and those who use it on a consistent basis. To date, I have had meetings or conversations with 17 organizations. I have included their responses below: Aspen Arts Council Cindy Bingham Returned my call stated that she was acting as administrative support to Pat Fallin. Deferred any comment to Pat. Aspen Center for Physics Jane Kelly "I have no concerns with the fee increase.., more reasonable then other venues in town,.. Yea! On the new equipment..." Aspen Chamber Resort Association Jennifer Albright "...your prices are very reasonable..." Aspen Community School Lou Rue Doyle "Very reasonable increase.,, we get a lot of help and super service at the Wheeler... we more than appreciate it!" Aspen Country Day School Robin Danell, Marci Sketch "The lee increase is very reasonable.., no objections...we're just so happy the Wheeler will have us..." Aspen Filmfest Kara Klein "We are completely comfortable with the proposed rate increases,.. $25 per day is not unreasonable...' Aspen Gay Lesbian Community Fund Brenda Fraser Left message - no response to date Aspen Music Festival and School Jim Berdahl Understands the need for increases.., concern lies with the rehearsal rate increase and the greater impact to the Music Festival as compared to Other non-profits due to their substantially greater use of and need for rehearsal time in the Wheeler... we are currently discussing ways to phase the Music Festival into the rate increase which would take this into consideration. Aspen Theater in the Park Liz Bokram "Everyone sees the need for increased fees regardless of the business you're in ... glad that box office fees have no increase..." Challenge Aspen Houston Cowan "I completely support the fee increase proposed by the Wheeler Opera House. This is a modest increase that is very fair... With the service received and regular equipment upgrades we have had very positive experiences. Thank you!" P91 Colorado Rocky Mountain School Ercanit Smith ... fair and perfectly acceptable rate increases.." Dance Connection Fran Page "Very fair.., could consider increasing box office fees..." First Baptist Church Steve Woodrow "...the fee increase is perfectly understandable... FBC is real pleased and enjoy working with the Wheeler. ~. the Wheeler does a great job.., wonderful opportunity..." Frog Pond Productions John Adams "No concerns regarding fee increase... Fully understandable..." Groove Productions Josh Berhman "...I understand inflationary increases but question any increase during difficult economic times.., that being said, I would not balk at the increase.,, its nor going to make or break my show..." Heritage Aspen Georgia Hanson (Wheeler Board Member) "As a Board Member who is also hugely supportive of the non-profit contributions in this community, I think it is important for the Wheeler to maintain a responsible fee strncmre that reflects real costs, It serves no purpose to charge fairy-tale puces, especially in light of the current huge subsidy rate that already exists." Jazz Aspen Snowmass Marc Breslin "Very reasonable...no problem." Pat Fallin Left 3 messages - no response to date Strutt Productions Mark Johnson :'I have no problem with the increase,.. Its minor..." Wheeler Associates Heather Tharp Left 2 messages P92 Om>m ' CE NO. I& Series of 2003 AN ORDINANCE OF THE CITY COUNCEL OF THE CITY OF ASPEN. COLORADO. AMENDING SECTION 2.12.045 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND FEES RELATING TO THE USE OF THE WHEELER OPERA HOUSE. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such progams and services: and WHEREAS, the City Council has determined that certain fees currently in effect at the Wheeler Opera House do not raise revenues sufficient to pay for the attendant costs of providing progams and services at said facility. NOW, THEREFORE_ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for Wheeler Opera House. is hereby amended to read as follows: 2.12.045 Wheeler Opera House In House Box Office Sales: Either a) 5% of goss ticket sales or (b) a flat fee per week as outlined below: GENERAL ADMISSION or RESERVED SEATING No. of Performances Weekly Rate I $300.00 2-5 350.O0 6-10 400.00 I 1-20 450.00 21 or more 500.00 P93 Under either option a $0.25 per ticket comp/consignmem fee shall apply and the renter shall be responsible for credit card fees. Additionally, a $3,50 fee shall be added to the price of each phone order. Out-of-House Box Office Sales: Box office fees shall consist of a 6% of the gross ticket sales fee, $0.25 per ticket comp/consi~nent fee, and any credit card fees. Additionally, a $3.50 fee slmll be added to the price of each phone order. Theater Rental Rares: Rehearsal Rates Regular Season Non-Profil For-Profit Private Sun~Thurs. Ffi-Sat. Sun-Tl~urs. Fri.-Sat, Sun.-Tnurs. Fr/.-Sat. $30/hour $30/hour $60/hour $60/hour $I75/hour $I75/hour High Season Non-Profil For~Profit Private SUn.-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. $30/hour $30/hour $75/hour $75/hour $I90/hour $190/hour Daily Rental Rates (P~formance Days) Regular Season Non-Profit For-Profit Private Sun-Thurs. Fr/~Sar. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. $425/day $500/day $950/day $1000/day $1400/day $1650/day High Season Non-Profit For-Profit Private Sun-Thurs. Fn-Sat. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fr/.~Sat. $525/day $600/day $1050/day $1100/day $1700/day $2000/day ~ HIGH SEASON RATES APPLY TO THE FOLLOWENG DATES: December - March and lune - August The followSng rates apply to any programs/event that will be recorded in any way. Listed below are the daily rares (other fees may apply as outlined in the rental Packet). Audio Recording Film/Video Record/ne__ Any Recordin~ for Live/Re-BroadcastJCD/DVD $2.000* $2,500* $3.000 *Some fee considerations may be made in cases where a local non-profit is recording the performance for the express/sole pta'pose of archival documentation and no reproduction, broadcast or sales of the recording of any k/nd will be made. Disclosure statements are required and must be signed 3 days in advance of the performance. Endowment Fund Contribution: 2 P94 Private events and any event where audio/fiLm/television recording is involved for the pttrpose of broadcast or reproduction shall be assessed an additional $1,000.00 per day or performance whichever is greater. This fee shall be in lieu of item XXI, Section D of the Theater Use Agreement. Additional Rental Charges include: Multiple performances in one day shall be charged an additional fee of $250.00 ($150.00 for non- profit organizations) per performance; charges for minimum personnel, specialized equipment, materials, and other incidentals. (A house manager shall be included in the rent for local non-profit organizations. Other labor and equipment shall be subsidized for non-profit groups) See Wheeler Rental Packet for detailed information. Section 2 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the day of ,2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. hNTRODUCED, READ A~ND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the __ day of ,2003. Helen Kalin Klandemd, Mayor ATTEST: P99 ORDIN^ CE NO. , SERIES OF 2003', A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE PROPOSED ZONING OF ANNEXATION PARCELS A-E OF THE MAROON CREEK ROAD ANNEXATION TO THE PUB (pUBLIC} ZONE DISTRICT, CITY OF ASPEN. PITKIN COUNTY. COLORADO. WHEREAS. the Community Development Departmem received an application from the City of Aspen requesting to rezone the Annexation Parce}s A-E of the Maroon Creek Road to the PUB ~Public) Zone District; and, WHEREAS, upon review of the application and the applicable code standards, the Com_munity Development Department recommended approval for the proposed rezuning to PUB t Public); and. WHEREAS. upon review of the application and the applicable code standards, the Planning and Zoning Commission recommended approval by a vote of seven to zero (7-0) for the proposed rezoning to PUB .Public); and, WHEREAS. the City Council has reviewed and considered the rezuning under the applicable provisions of the Municipal Code as identified herein; and. WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW. THEREFORE. BE IT RESOLVED BY THE CITY OF CITY COUNCIL AS FOLLOWS: Section 1: That the portion of the Maroon Creek Road as described in attached Exhibit A is hereby zoned to the Public (PUD) Zone District. Section 2: The Community Developmem Director ~vitl note the changes on the official zone district map. Section 3: Ali material representations and commitments made by the applicant pursuant to the development proposal approvals as herein a~varded, whether in public hearing or docun2entation presented before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an attthorized entity. Section 4: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending ander or by virtae of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 3 P 1 O0 Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or anconstitutional 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. INTRODUCEC, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City of Aspen on the i0m day of Februm'y, 2003 APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Helen Kalin Klanderud, Mayor ATTEST: Kathryn Koch, City Clerk P101 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS ZONING THE PORTION OF THE MAROON CREEK ROAD ANNEXED INTO THE CITY OF ASPEN PUBLIC (PUD) REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed zoning application is in conflict with any portion of the Land Use Code. The City ~s required to rezone a property following annexation and the'PUB (Public) Zone District is compatible with the proposed use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed zoning application is consistent with the Aspen Area Community Plan. l'he annexation of lands along Maroon Creek Road are supported by the Urban Growth Boundary as approved in the 2000 AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses. considering existing land use and neighborhood characteristics. Staff Finding Staff believes that the proposed zoning is compatible with the surrounding zone districts and land uses. These uses include a school, recreation center and residential development, all of which need the public road for access. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding Staff does not believe that the proposed zoning will have an effect on traffic generation nor road safety. Stafffinds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in 5 P102 demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities. This is simply zoning land which is proposed to be am~exed into the City and public infrastructure impacts were dealt with during approvMs for the various projects that have taken place along Maroon Creek Road. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment w4uld result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed zoning application would result in adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed zoning application will nor affect the Community Character within the City of Aspen. Stafffinds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City of Aspen is currently completing the Aspen Recreation Center and recently annexed Aspen Highlands Village. These changed conditions support the proposed annexation of a portion of the Maroon Creek Road along with the subsequent zoning. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed zoning application would not be in conflict with the purpose and intent of the land use code or tlne public interest. x. ~¢!__~ ~ Beginning of area to be ,,, ,,l~ annexed and rezoned ...... Maroon Creek RoaO End of area to be annexed and rezoned ./ P104 Exhibit C ANNEXATION PARCEL DESCRiPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANNEXATION PARCEL A PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION l 1 T 10 S, R 85 W OF 6th P.M., A FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.88°56'32"W., a distance of I 12.89 feet to a point on the easterly boundary of Iselin Park P.U.D. the true point of beginning; thence N.88°57'3 I'W., along said boundary line a distance of 16.95 feet; thence continuing along said bonndary line N. 12°03'29"E., a distance of 191.00 feet; thence continuing along said bonndary line N.02°13'29"E, a distance of 41.23 feet; thence leaving said boundary line N. 10°40'16"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School District property; thence S.01°51'$7'W., along said boundary line a distance of 283.96 feet to tire Northwest comer of Open Space Area 2 of the Moore FamilI P.U.D.: thence S.01°$1'57'W., along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc ora non-tangent curve To the right having a radius of 312.29 feet and a central angle of 20°47'47" ,'chord bears S. 12°l 5'39'W. t 12.73 feet); thence leaving said boundary N.88°32'I6"W., a distance of 57.82 feet; to the POINT OF BEGINNING Containing 28,475 square feet or 0.654 acres, more or less. ANNEXATION PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION I 1 T 10 S. R 85 W OF 6th P.M. FOUND REBAR & CAP ILLEGIBLE (LS 9018 RECORD); thence N.21 °0 l'20"W., a distance of 246.67 feet to the Southeast corner of that property described in REC #388528 of the Pkkin CountF records the true point of beginning; thence N.0I°57'2Y'E., along the boundary of said propm~ a distance of 739.66 feet: thence continuing along said bonndary of said property N.01°52'47"E., a distance of 326.10 feet: thence leaving the boundar5 of said property S.03°i 3'23"E., a distance of 674.27 feet to a point on the westerlF boundar5 line of the Aspen School District property; thence leaving said boundary S. 10°40'16'W.. a distance of 398.85 feet to the POINT OF BEGINNING. Containing 32,128 square feet or 0.738 acres, more or less. ANNEXATION PARCEL C PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S. R 85 W OF 6th P.M. FOUND REBAR & CAP. ILLEGIBLE (LS 9018 RECORD); thence N.02° 18'53'W. a distance of 1296.59' feet to a point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence along said boundary line a distance of 316.43 feet aIong the arc of a non-tangent curve TO the right having a radius of 205.42 feet and a cemrat angle of 88°15'31" (chord bears N.46°00'3 I'E. 286.06 feet); thence leaving said boundary [line S.86030'03"E., a distance of 84I .81 feet to a point on the boundary of the Aspen School District property; thence the following tour (4 courses 1. S.88°51'57'W., a distance of 291.77 feet 2. S.89°40'57'W., a distance of 550.04 feet 3. a distance of 222.88 feet along the arc ora non-tangent curve to the left having a radius of 145.42 feet and a central angle of 87°49'00' (chord bears S.45°46'27'W. 201.70 feet~ 4. S.01°51'57'W., a distance of 671.36 feet; thence N.03° 13'23'W., a distance of 674.27 feet to the POINT OF BEGINNING.Containing 62.730 square feet or 1.440 acres, more or less. P95 Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of ,2003. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S..Koch. City Clerk f?W-O2/OS/2OO$-G:\~ohn\word\ords~l'ees03 .doc P96 TO: Mayor and City Council THRU: Julie Arm Woods, Community Developmem Director ~ FROM: Sarah Oates, Zoning Office? RE: Zoning of Proposed City Portion of Maroon Creek Road--1s~ Reading DATE: February I0.2003 APPLICANT/OWNER: City of Aspen SUMMARY: The Applicant ts requesting to rezone LOCATION: Proposed City Portion of Maroon the portion of the Maroon Creek Road Creek Road, Annexation Parcels A~E I see Exhibit from the rotmdabout to the Iselin Park "B" for map and Exhibit "C' for legal description) tennis courts tsee attachment ~'A" for location), to PUB (Public~ Zone PROPOSED ZONING: PUB (Public) District. The above described portion of the Maroon Creek Road is in the SUMMARY: The City of Aspen is annexing Maroon Creek Road from the roundabout to the Iselin Park process of being annexed into the City tennis courts and is required to rezone an annexed of Aspen and pursuant to state statute property within 90 days of the annexation, the area to be annexed must be given a zoning desig~ation. APPROVED AND CURRENT LAND USE: The proposed City portion of the Maroon Creek Road is REVIEW PROCEDURE used for transportation to the Aspen School DistrictRezoning [Two Step Review]. City Campus. Aspen Recreatmn Center. Aspen Conncil may approve or deny an Highlands Village, Maroon Bells and several application for rezoning, after residential subdivisions, considering a recommendation from the Plarming and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: As the City is required to provide a zoning designation for a newly armexed property, Staff finds that ~e PUB (Public) Zone District supports the proposed use of the parcel. The purpose of the PUB (Public) Zone District is to "provide for the development of governmental and quasi-governmental facilities for cultural, educational, civic and other governmental purposes." Permitted uses m this zone district include transportation related facilities and public transportation stops. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26,310.040, m approve an amendment tothe official zone district map. Staff and the Planning and Zoning Commission recommend approval of the proposed rezoning. P98 STAFF RECOMMENDATION: I' Staff recommends that City Council approve the proposed rezoning ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIV£ ~: "I move [o approve Ordinance NQ. ~_~_, Series of 2003. approving the proposed rezoning application to rezone the Armexadon Parcels A-E of the Maroon Creek Road ~_nnexation tas shown on the attached map and legal description~ to PUB (Public)." AttachmenTs: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Armexarion and Rezoning Map Exhibit C -- Legal Descripuon of Proposed Annexation and Rezoning P105 ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T I0 8, R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.05°51'47"E.. a distance of 1502.07 feet to a point on the boundary of that property described in REC #388528 of the Pitlcin Count3 records the true point of beginning; thence the following four (4'~ courses 1. N.89°41'47"E, a distance of 547.59 feet 2. N.88°52'47"E.. a distance of 745 86 feet 3. a distance of 320.74 feet along the arc of curve to the left having a radius of 1.447.35 feet and a central angle of 12°4i'49" (chord bears N.82°31'52"E. 320.08 feet) 4. N.76°10'58"E., a distance of 370.00 feet: thence S.75°06'1 I"W.. a distance of 798.34 feet to the Southwest corner of Maroon Creel( Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00°40'I 9"E.. along the westerty boundary of said right-of-way and right-of-way extended 13.54 feet: thence leaving said right-of- way and right-of-wa5 extendedS.88°48'31"W along the northerly boundar3 oftheMoore Famil5 P.U.D. and the northerly boundary extended 58.43 feet: thence continuing along said northerly boundary S.88°52'08"W.. a distance of 300.00 feet: thence leaving said northerly boundaD N.86°30'03"W.. a distance of 841.8 l feet to the POINT OF BEGINNING. Containing 59,884 square feet or 1.375 acres, more or less. ANNEXATION PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T I0 S, R 85 W OF 6th P.M. FOUND REBAR & CAP. ILLEGIBLE (LS 9018 RECORD): thence N.52°17'28"E.. a distance of 2684.00 feet to a point on the boundar> line of that property described in REC #388528 of the Piflcin Count5 records the trne point of beginning; thence the following three (3 courses 1. a distance of 338.28 feet along the arc of a non-tangent curve to the left havin~ a radius of 440.00 feet and a central angle of 44°03'00" tchord bears N.54°09'28"E. 330.01 feet) 2. N.32°07'58"E.- a distance of 492.10 feet 3. N.00~25'13"W, a distance of 92.66 feet to a point on the southerly right-of-wa3 of State Highway No. 82: thence along said southerly right-of-wa3 a distance of 139.44 feet along the arc ora non-tangent curve to the left having a radius of 1196.00 feet and a central angle of 06~40'49'' ~chord bears S.58%9'27"E. 139.36 feet's: thence leaving said right-of~wa> S.24%4'38"W., a distance of 114.70 feet; thence S.42°43'08"W.. a distance of 189.74 feet to a point on the southerly right-of-way boundar3 of Maroon Creek road as dedicated on the Meadowood Filing Two P/at: thence the following four (4) course: I. S.32°07'19"W a distance of 270.2l feet 2. a distance of 392.10 feet along the arc of curve to the right having a radius of 5 I0.00 feet and a central angle of 44003'00" (chord bears 8 54°08'49"W. 382.51 feet) 3. S.76°10'19"W.. a distance of 370.00 feet 4. a distance of 432.75 feet along the arc of curve to the right having a radius of 1.710.00 feet and a central angle of 14°30'00" ,'chord bears S.83°25'19"W. 431.60 feet): thence N.75°06'1 I"E. 798.34 feet to the POINT OF BEGINNING. Containing 114,761 square feet or 2.635 acres, more or less. P106 P107 TO: Mayor and Council MEMORANDUM ~1~~ FROM: Commercial Core & Lodging Commission DATE: February 3, 2003 RE: Saturday Market Expansion] SUMMARY: With increased interest and attendance in the Aspen Saturday Market, the CCLC is recommending expansion onto the 200 Block of South Hunter Street. PREVIOUS COUNCIL ACTION: The Saturday Market was approved by City Council February 25.2002 for a five year vending ageement. The expansion into Conner Park was approved May I3, 2002. Any further expansion must be publicly noticed (attached). BACKGROUND: The expectation of Council was that future expansion could not occur unless the Aspen Saturday Market was £ulI on E. Hopkins Ave. The market is full and the CCLC and ASMG desire to expand the market. For 2003 Conner Park will be used for demonstrations only. The craft vendors will move out to E. Hopkins, and if approved South Hunter St. FINANCIAL IMPLICATIONS: APS will supply the port-a-pottie from June i4th through October 31s[ ar a cost of $1040, which has been included in the Parks Department's budget. The cost ora 12 x 15 x 2 platform is $600. CCLC is proposing that the platform be left up for the duraf~on of the market on the east end of Conner Park The cost figures for the canopy over the platform have not come m. Staff's concern is where to store the platform the rest of the year. Contract laborers will be needed to set up and take down the chairs and canopies every week at a cost of $100 per Saturday; total cost $1,400. Conner Park can only be used until the second Saturday in September because of the grass seeding schedule. Neither the platform nor the weekly labor cost have been budgeted. If Council is interested in funding this they could take money out of their contingency or direct CCLC to meet with the ACRA marketing committee. RECOMMENDATION: Approval of the expansion of the Aspen Saturday Market to the 200 Block of South Hunter. ALTERNATIVES: 1. Approval of k2 block of S. Hunter to the alley. 2. Not approve the expansion. PROPOSED MOTION: I move to approve the expansion of the Aspen Saturday Market to the 200 Block of South Hunter Street. ~ · , CITY MANAGER COMMENTS: ~ 'td~"*2 ,-~,,e_~/ '~,,-.,',-~ Cc'z, <:r ;r ?~,~'- ~ P108 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 200 Block of South Hunter Street. Aspen. CO SCHEDULED PUBLIC HEARING DATE: __February 10, 2003__ STATE OF COLORADO ) County of Pitkin ) I, Kathleen J. Strickland tname, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. NA _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,200 , to and including the date and time of the public hearing. A ]2hotograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) P109 NA Rezoning or rex~ amendment. Whenever the official zoning district map any way ro be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior ro the public hearing on such amendments. Signature The foregoing "Affidavit of Notice',' was gckrmwledged before me this of -~'e. loCv,/kru .200_~by ~/LJ~I~_.I~.r{ ~-, ATTACHMENTS: COPY OF THE PUBLICATION .PHOTOGR.4;PH Ot~ THE ,POSTED NOTICE (SIGN) LIST OF TIZ[E OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL Pl10 PUBLIC NOTICE Re: Saturday Market expansion to include one block of S. Hunter St. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday February 10, 2003 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena Street, Aspen, to consider an application submitted by the Commercial Core and Lodging Commission (CCLC) requesting approval for the expansion of the Saturday Market onto South Hunter Street. The existing Saturday market will still be on E. Hopkins and if the expansion is approved will extend one block on South Hunter St. The Saturday Market runs from 8:00 a.m. to 3:00 p.m. on Saturdays June 14th through Oct. 31s~. For further information, contact Kathleen Strickland at the City Clerk's Office, 130 S. Galena. Aspen. Colo. (970- 920-5060) or kathys~ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on January 31s~ and February 7th, 2003 P'~i 312 HUNTER LLC 50o/o 4 SKIERS LP ,517 E HYMAN LTD C/O CAROLYN A BARABE 1108 NORFLEET DR A COLORADO LIMITED PARTNERSHIP 790 CASTLE CREEK DR NASHVILLE TN 37220 517 E HYMAN AVE ASPEN CO 81811 ASPEN. CO 81611 810 EAST HYMAN LLC ALPINE BANK ASPEN ARCADES ASSOCIATES LTD C/C KRABACHER LAW OFFICES PC 800 E HOPKINS AVE RJS-RS INC C/O 201 N MILL ST STE 201 ASPEN, CO 81611 304 S GALENA STE A ASPEN. CO 81611 ASPEN. CO 81611 ARCHDIOCESE OF DENVER SAINT ASPEN OFFICE SUITES LLC ASPEN PLAZA COMPANY 83% MARYS 520 E COOPER AVE #230 PO BOX 1709 1300 S STEELE ST ASPEN CO 81611 ASPEN. CO 81612 DENVER. CO 80210 3ASS CAHN PROPERTIES LLP BAXTER DAVID A BOGAERT FAMILY TRUST PO BOX 5078 PO BOX 1112 PO BOX 300792 ASPEN. CO 81612 CRESTED BUTTE CO 81224 ESCONDIDO, CA 92030 BOOGIES BUILDING OF ASPEN LLC BULLOCK G E GRANDCHtLDRENS CARISC~ BROTHERS WEINGLASS LEONARD C/O PTNRSHiP 1/'6 CARISCH THEATRES PO BOX 11509 CIO SUZETTE GOODMA PO BOX 391 ASPEN CO 81612 500 E MARKHAM STE 305 COLUMBUS, GA 31902-0391 LITTLE ROCK. AR 72201 CITY OF ASPEN CLARK ROBERT TRUST COLORADO CABLE CO 1/6 I30 S GALENA ST 820 E HOPKINS #5 C/O SUZETTE GOODMA ASPEN CO 81611 ASPEN CO 81611 500 E MARKHAM STE 305 LI'TTLE ROCK. AR 72201 CONNER CLAUDE M 4/20 CONNER MARGARET A 4/20 CURRIE VICKIE PO BOX 345 534 E HOPKINS AVE 5847 BELMONT AVE ASPEN CO 81612 ASPEN CO 81611 DALLAS TX 75206-6803 DCGB LLC DEFRANCESCO GERALDINE CONNER CUTTS JAMES & KAREN 1/3 INT C/O B LEE SCHUMACHER ESQ 3/20 PO BOX 321 210 NORTH MILL ST STE 201 534 E HOPKINS AVE ASPEN. CO 81612 ASPEN. CO 81611 ASPEN CO 81611 ELKS LODGE 224 EXELCEOAR NC 20% FITZGERALD FAMILY PARTNERSHIP L' 210 S GALENA ST STE 21 534 E HYMAN AVE C/O FLEfSHER AND CO ASPEN. CO 81611 ASPEN, CO 81611 200 E MAIN ST ASPEN. CO 81611 FURNGULF LTD GELD LLC A COLD JOINT VENTURE MEYER LOWELL C/O GOFEN ETHEL CARD TRUSTEE 616 E HYMAN AVE P (3 BOX 1247 455 CITY FRONT PLAZA ASPEN. CO 81611 ASPEN CO 81612-1247 CHICAGO. IL 60611 _ Pl12 ;ONDEK CHARLENE ANN GREENWAY COMPANY INC HABER WILBUR A 665 W FLAMINGO RD QUINN HAROLD J JR HABER SANDRA ;TE 131 BOX "~ 666 TRAVIS ST STE 100 20409 KISHWAUKEE VALLEY RD AS VEGAS NV 89147 SHREVEPORT. LA 71101 MARENGO. IL 60152 ECHT ANDREW V 8,5% HELLINGER PROPERTIES LTD HOPKINS ST VENTURE O BOX 2563 1849 WYCL1FF DR CIO MULARZ TED SPEN CO 81612 ORLANDC FL 32803 PO BOX 1328 ASHLAND OR 97520 ORSEFINS LLC HUNTER PLAZA ASSOCIATES LLP PITKIN COUNTY TITLE C/O M & W PROPERTIES ~IUNTER SQUARE LLC 90% HOPKINS AVE 205 S MILL ST STE 301A 2900 LOS BALLINAS AVE SAN RAFAEL. CA 94903 3PEN. CO 81611 ASPEN CO 81611 iNNE LLP JOHNSTON MARGIE ANN CONNER 4/20 JOYCE EDWARD O PERRY & CO PC 534 E HOPKINS AVE 11 S LA SALLE ST STE 1600 ) BOX 1790 ASPEN CO 8161~ CHICAGO. IL 60603-1211 ;LLAIRE. TX 77402-1790 RINE LLC 10% KIEFER KAREN B TRUST ~/a KOPP ROBERT L 50% }0 LOS BALLINAS AVE 2130 NW 95TH ST 34425 HWY 82 N RAFAEL, CA 94903-1417 SEATTLE WA 98117-2425 ASPEN CO 81611 _zy j RANCH LLC LCT LP ) W R WALTON TENNESSEE LIMITED PARTNERSHIP LEMOS BARBARA LIVING TRUST 1/3 INT BOX 665 PO BOX 10~,~,~t PO BOX 32' :EN. CO 81612 NASHVILLE. TN 37224-1444 ASPEN CO 81612 -:B JODI SUE LIVING TRUST 50% LONG GERALD D & PATRICIA D TRUSTEES MARCUS STEPHEN J 8.5% LINDEN PARK PL 490 WILLIAMS ST PO BOX 1709 HLAND PARK. IL 60035 DENVER. CO 802~8 ASPEN. CO 81612 ~ON & MORSE INC MCNULTY ZELPHA MARIE 1/12 MORRIS ROBERT P E HYMAN AVE 2681 CAROL PL 600 E HOPKINS AVE STE 304 'EN, CO 81611 GRAND JUNCT DN CO 81506 ASPEN. CO 81611 ]NTAIN RESORT TRUST MYSKO BOHDAN D =iSHER D C/O ABERCROMBIE & ASSOC NIELSON COL STEVE & CAROL D 3OX 4273 418 E COOPER AVE 501 S FAIRFAX EN CO 81612 ASPEN CO 81654 ALEXANDRIA. VA 22314 O BUILDING COMPANY LLC PITKIN CENTER CONDO OWNERS PITKIN COUNTY BANK 80% ~OX 1066 ASSOC -:N. CO 81612 517W NORTH ST 534 E HYMAN AVE ASPEN CO 81611 ASPEN CO 81611 Pl13 RAY W T JR ~ODGERS PORTER R JR & CAROL L ROTHELUM PHILIP & MARCIA SPEED J 8 #12 COUNTRY CLUE CIRCLE 624 E HOPKINS AVE 50 SCO'~' AVE SEARCY AR 72143 ASPEN. CO 81611 COOKEVILLE, Ti~ 38501 SCHNITZER KENNETH L & _ISA L SEID MEL SJA ASSOCIATES LTD 60% 4023 OAK LAWN AVE 1104 DALE AVE PO BOX 1709 DALLAS. TX 75219 ASPEN. CO 81611 ASPEN. CO 81612 SPRING STREET PO STANTON LAVONE KAY TRUSTEE FBO SWEARINGEN WILLIAM C/O GULFCO LTD LYON HARRY 1/6 INTEREST 163 PONCE DE LEON AVE 616 E HYMAN AVE 500 E MARKHAM STE 305 ATLANTA, GA 30308 ASPEN. CO 81611 LITTLE ROCK. AR 72201 TAYLOR E NORRIS 1/2 TAYLOR FAMILY INVESTMENTS CO 1/2 TENNESSEE THREE 602 E HYMAN AVE #1 489 ROSE LN PO BOX 101444 ASPEN. CO 81611 CARBONDALE. CO 81623 NASHV'LEE_TN 37224-1444 TENNESSEE THREE RENTALS TIGRAN INVESTMENTS LLC TOMKINS DOUGLAS S C/O MRS A E MILLER C/O EDWARD G DINGILIAN C O ASPEN._ ART SUPPLY 126 PAUL SMITH LN 160 W 225 ST 520 E COOPER AVE ROAN MOUNTAIN. TN 37687 BRONX. NY 10463 ASPEN CO 81611 US BANK NA & MCNULTY ZELPHA MARIE TOMKINS KERN AND COMPANY TROUSDALE JEAN VICK KERN ELIZABETH C/O 611 E HOPKINS AVE 1/12 422 WHITE AVE PC BOX 608 3131 LAKESIDE WAY ASPEN. CO 81611 GRAND JUNCTIOi~ CO 81506 GRAND JUNCTION. CO 81501 VICTORIAN SQUARE LLC VOTIS GEORGE T WOGAN JAQUELINE T 40% C/O GARFIELD & HECHT PC GALT INDUSTRIES C/O PO BOX 158 601 E HYMAN AVE 767 5TH AVE 5TH FL ASPEN. CO 81612 ASPEN. CO 81611 NEWYORK NY 10153 WOLF FAMILY TRUST WOLF LAWRENCE G TRUSTEE WOODS FRANK J I: 1221 MYRTLE AVE 22750 WOODWARD AVE #204 205 S MILL ST STE 301A SAN DIEGO. CA 92103 FERNDALE. M 48220 ASPEN. CO 81611 YERAMIAN CHARLES PO BOX 12347 ASPEN. CO 81612 I~: FEB. 4.~S 2:S2PM ASPEN TIMES H0.215 ~II Pl14 .... 3x5 market 2-6-03,pdf PUBLIC NOTICE SATiURDA¥ 3 ARKET EXP NSzO ! The City Counci~will have a public hearing on the expansion o~the Saturday Market at their reguIar meetin~ Feb. 10, 2003 at 5:00 p,m. The comn'.ercial[ Core & Lodging Commission is requesting the expansion of the Saturday Ms rker to include the 200 block of South Hunre~ Street. The exSsting m~rket will still be on Ite 500 block of E. Hopkins. For fl rther information, contact Kathleen Strickland at the City Clerk's Office, 130 S. Galena, THE CITY O~ ASPEN Aspen, (~olo, (970-920~5060), I lha Oil'/al'llzl~n Memorandum oin, II~rne¥'~ Olli~e TO: Mayor and Members of Council ' FROM: John P. Worcester DATE: February 10, 2003 RE: Qwest/City of Aspen Property Annexation - Ordinance No. 4, Series of 2003 - Second Reading and Public Hearing Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the newly acquired Qwest Property to the City of Aspen. This matter is before you for Second Reading and a Public Hearing. The Qwest property is adjacent to the Burlingame Ranch property and is scheduled to be developed as part of the "Burlingame Parcel D" project. The petition for annexation was filed with the City Clerk on October 17, 2002. On November 11, 2002, City Council adopted a resolution finding substantial compliance with Section 31-12- 107(1), C.R.S. A public hearing was hetd on January 13, 2003, at which fane Council determined that the proposed annexation was in compliance with §§ 31-12-104 and 31-12-105, C.R.S. City staff will be present at the public hearing on second reading to answer any questions you might have on the proposed annexation and potential impacts the annexation will have on City operations. The decision to annex property to the City is a legislative act an¢ is entirely within your discretionary powers. You may annex, or not, for any reason, or no reason ar all Be advised. however, that the City Council did agree to a Pre-Annexation Agreement with the applicant. ACTION REQUIRED: Approval of Ordinance No. 4. Series of 2003. on Second Reading. cc: City Manager Community Development Director Pl16 ORDINgaNCE NO. ~ (Series of 2003) AN ORDhNANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "QWEST/CITY OF ASPEN SUBDIVISION" ANNEXATION. WHEREAS, on October 17, 2002, the City Manager of the City of Aspen did file, on behalf of the City of Aspen. with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying cop~es of an annexation map, has been reviewed by the City Attorney's Office and the City En~neer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and YVHEREAS. the City Council. by resolution (Number 102, Series of 2002) ar its regular meeting on November 11. 2002, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.: and WHEREAS, the City Council, by resolution iNumber 3. Series of 2003) at its regular meeting on January 13, 2003, did find and determine, following a public hearing, said Petition for Annexation ro be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.: and WHEREAS. the City Council does hereby find and determine that approval of the annexation of said territory ro be in the City's best interest: NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Pl17 Section 1. That the tract of land described in the Petition for Annexation. commonly referred to as the "Qwest/City of Aspen Subdivision", and as shown on the annexation map, ts hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of th/s annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Pl18 A public heating on the ordinance shall be held on the day of ,2003, in the City Council Chambers. Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of ,2003. Helen Kalin Klanderud. Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of ., 2003. Helen Kalin Klanderud. Mayor ATTEST: Katkryn S. Koch. City Clerk JPW-01 21/2003-G: John\word ords\qwest-ann.doc Pl19 MEMORANDUM TO: Mayor and Council FROM: Stephen Kanipe, Chief Building O~cial ~ / THRU: Julie Ann Woods. Community Development~/-' fDirector ~ / RE: Efficient Building Regulations - Public Hearing Date: February 10, 2003 SUMMARY: The Eff, cient Building Code is submitted for adoption by Council per direction given at work sessions on June 4, 2002 and before the BOCC on December 10,2002 The Checklist has been expanded to create compliance opportunities for large homes (up to 15,000 sq.ft.) without the use of Transferable Energy Rights. Requirements for Affordable Housing have been expanded and refined. The Program Checklist and Deconstmction Plan, which are adopted by reference m the Code, are included for your review. In accordance with our IntergoVernmental Agreement with Pitkin County, the same ordinance is proposed for adoption by the County. BACKGROUND: An introduction to the Green Building Program was ~ven to Council on September 4, 2001. At that work session staff was directed to begin the process of research and study to create a program for Aspen and Pitkin County. The work sesston on March 4, 2002 introduced the first working documents necessary te involve the design and construction community for education and feedback. In the June 4, 2002 work session Council approved of the developed documents and directed staffto begm a six-month trial period to offer education and consultation to permit applicants, as program documentation was required for every building application The final version before you is the culmination of the referenced efforts. DISCUSSION: The question of whether these requirements will add costs to construction has yet to be answered Staff research finds that the industry feels strongly both ways. The answer separates the question into at least four parts: ~s it a higher initial cost to the builder?, is it an ongoing greater cost to the consumer to heat, ¢ool, light and maintain the building and afford to live in it?: is it the immediate and future cost to the environment to produce, process and dispose of materials and products in the building?; or ~s k the undetermined cost to the health of those occupying a space that contributes to illness and does not support well being7 The volume of material available on these subjects is enormous P120 Asset Management convened an expert group of local builders, designers and policy makers familiar with the practical aspects of efficient building. ~t was agreed that publicly- funded affordable housing ~vould voluntarily exceed the minimums required for private projects. This gesture answers the four-part question posed about the added costs of efficient building. The group, with the support of Asset Management concluded that the long-term benefits of healthy, efficient building outweigh the initial expense. Adoption of this Ordinance will come as no surprise ro the design and construction community. It has been with their help and input that a workable program, one of two in the coumry that staff is aware of, has been developed. FI]NANCIAL IkMPLICATIONS: Staff continues to work with COKE to estimate additional staff time required ;o review, approve, inspect and accept the documentation and installation of components required for compliance to the Efficient Building Code. CORE will request a $5,000 expenditure in 2003 to assist with implementation The funds will only be used if needed to insure customer service goals are met. RECOMMENDATION: Staffrecommends adopting the Efficient Building Code. ALTERNATIVES: Council may require that only City proiects meet the new Code and it remain voluntary for the private sector PROPOSED MOTION: "I move to approve Ordinance #9 2003". CITY MANAGER CO. MMENTS: "7'~.qr ;'B c_r~¢,~2t-,~-.' ~ Att achmenrs: A - Administrative and Interpretive Regulations D:\stephenk\aspemraemo\2 nd CC memo efficiem building oral 2-10-03.doc PZ2! ORDINANCE NO. 9 (SERIES OF 2003) AN ORDINANCE OF TIlE CITY COUNCIL OF TItE CITY OF ASPEN, COLOR~DO TO AMEND TIlE ASPEN MUNICIPAL CODE BY TIlE ADDITION OF CHAPTER 8.54 WillCIl CHAPTER ADOPTS AN EFFICIENT BUILDING CODE WIIEREAS, the City Council has directed the Building Division to develop an efficiem building program: and WItEREAS the construction of homes consumes vast amounts of our natural resources and threatens the ecological systems that support life; and WIIEREAS new materials and new strategies are being developed that utilize resources more efficiently; and W][IEREAS it will benefit the future generations of the citizens of Aspen and beyond to encourage sustainable building practices; and WIIEREAS, City Counc'fl reviewed and considered the recommendations of the Community Development Director. the Chief Building Official and members of the public during a duly noticed public hearing, and, WHEREAS, the City Council finds that the addition, as hereinafter described, meets or exceeds all applicable standards and that the approval is consistent with the goals and' elements of the Aspen Area Community Plan; and, WREREAS, the City Council finds that this addition to the Build'rog Regulations Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, TIIEREFORE, BE IT ORDAINED BY Tile CITY COUNCIL OF TRE CITY OF ASPEN, COLORADO. TIlAT IT IlEREBY ADOPTS TIlE CITY OF ASPEN EFFICIENT BUll.DING CODE: Section 1: That the City of Aspen Municipal Code shall be amended by the addkion of Chapter 8.54 which Chapter shall read as follows: Chapter 8,54 Efficient Building Code: The Chi&Building Official shall adopt, publish and enforce administrative and interpretive regulations to implement an Efficient Building Code. At least one (l) copy of said regulations shall be available for inspection during regular business hours __ ~. =: ..... x~,. 9 Series of 2003 P122 Section 2: Said administrative and interpretive regulations shall be in a form similar to that appended hereto as Exhibit A. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pend/ng under or by v/rtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction_ such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo£ Section 5: A public hearing on the Ordinance shall be held on the 10t~ day of February, 2003, at 5:00 p.m in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation w/thin the CiE/of Aspen. INTRODUCED, READ AND ORDERED PUBLIS~D as provided by law, by the City Council of the City of Aspen on the 27~ day of January, 2003. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor F][NALLY, adopted, passed and approved this day of ,2003. Attest: Kathryn S. Koch, City Clerk Helen K. K]anderud, Mayor Approved as to form: City Attorney Ordinance No. 9, Series of 2003 sa.ft.: (5000-2500) = 2500 divided by 50: 50. P123 Total ooints required = 40 + 25 + 50 = 11,5 For multi-family projects, each unit must have its own checklist for compliance. Each unit may receive credit for common items such as landscaping. 2.0 CONSTRUCTION/DEMOLITION AND USE OF RECYCLED MATERIALS ~ Deconstruction Plan submitted with permit application 3 points (additions, remodels, or scrape-offs only) A comoleted APEB Deconstruction Plan s required. The Plan can be used to create a site-soecific program [o reduce demolition waste. Deconstructing the building to allow for the reuse of valuable building materials is encouraged but not reqOired. The p~an requires a description of the materials to be recovered, designation of a "deconstruction contact", site plan for collection bins and destination of all materials expected to be recycled. reused, or resold A significant goal is that 60% of thematedal.~be mad. e avai.!.~bl~, for reuse. Compliance: Inspected (PC): Plan Check. Completed Deconstruction Plan must be submitted to the Community Development Depar~mem. a minimum of 45 days prior to rece~wng a demolition oermit or building permit (whichever is obtained first). During the 45-day period the project's "deconstruction contact", provided by the contractor, shall be available to discuss material recovery by interested parties onor to receiving building permit ~ Demolition debris reduced (4 points required for all remodels/scrap-offs) 4-37 points Cornoostable and/or recyclable material must be sorted for composting and/or recycling or processed for compaction. Applicants choosing 2.26 car -~ ,,,~ints for items 2.2.1 thru 2.2.5. 2.2.1 Wood recycled/composted (>- 75% of all v "-points 2.2.2 Metal recycled (> 90,% of all metals) '~'~ -' points 2.2.3 Concrete recycled ( >- 75% of all concret ~ ~&4~_ points 2.2.4 Carpet pad recycled (>- 90% of afl carpe : points 2.2.5 Compaction- Grinding, shredding, crust ,,'~'~,~.. _ 2 points 2.2.6 Material salvaged for reuse (6 points pe --~"~'~ 6,24 points Compliance: Inspected (1: Foundation). Present rec~-p-c~-~,. _ --__ nto permit sleeve. 2.3 Deconstruction materials donated to a non-profit organization 3 points Non-profits such as Resource 200C Habitat for Humanity (via Construction Junction) and others will take deconstructed materials for 'euse or resale, keeping the materials out of the waste stream while benefiting the community. Pitkin County Landfill will provide services for deconstructed materials as well. Compliance: Self-certified (S). Present receipt from entity and place into permit sleeve. ~ Construction debris recycled 4-10 points (4 points required of all new & PFAH construction projects) Recycle two or more of the following scrap materials from the construction of a new projecT: 2.4.1 Wood scrap recycledtcomposted (1 point per level) 1-4 points 2.4.2 Metal scrao recycled (>- 90%) 2 points 2.4.3 Cardboard recycled (1 point per level) 1-4 points Compliance: Self-certified (S). 1/27/2003 3 City of Aspen and Pitkin County EFFICIENT BUILDING ORDINANCE ADMINISTRATIVE AND INTERPRETIVE REGULATIONS 1.0 ADMINISTRATION The purpose of these regulations is to set forth the procedures and requirements for the administration and implementation of the Efficient Buiiding ordinance. These regulations are not intended to limit the administrative discretion of the persons implementing the Efficient Building ordinance on subjects not covered herein. Note: These regulations were adopted by the Pitkin County Commissioners on and the Aspen City Council on The intent of tt3e City of Aspen / Pitkin County Efficient Building Program (APEB) is to encou[age cost-effective and susta!nable building methods to conserve fossil fuels, water, and other natural resources, to promote the reuse and recycling of building materials and reduce solid waste, and to promote enhanced indoor air quality in residential buildings. 1,1 Point requirements The provisions of this code shall apply to one and two family dwellings and multiple famiiy dwellings (townhouses) not more than 3 stories in height. Such dwellings are required to earn points according to the following schedule: New construction. 50 points Up t(~ 1,500 sq. fl. New construction 65 points Between ~ ,501 and 2,500 sq. ft. New construction, each 1 point 2,501 sq. ft. or greater additional 50 sq. ft. Interior remodel 20 points 500 ' 1,000 sq. ft. Interior remodel 30 points 1,001 - 2,000 sq. ft. Interior remodel 40 points 2,001 sq. ft. or greater Additions 25 points 500 - 1,000 sq. ft. Additions 50 points Between 1,001 and 2,500 sq. ft. Additions, each 1 point 2,501 sq. ft. or greater additional 50 sq. ff. Detached garages Zero points Up to 500 sq.ft. Detached garages 15 points 501-750 sq.ft. Detached garages, each 1 point Over 750 sq.ft. 25 additional sq.ft. 4/27/2003 1 P725 2.13 Rapidly renewable content flooring 2-8 points (2 points per level) Install rapidly renewable flooring for 10-100% of alt flooring. Rapidly renewable comem materials include, but are not limited to: wool carpet, bamboo, sisal, linoleum, or cork. Compliance: Self-certified ~ Built in kitchen recycling center to include 2 or more bins 2 points Install an indoor -ecycling center containing 2 or more I~i'~s in the kitchen are~. Compliance: Self-certified (S) Recycling center must be identified on plans. 3,0 LAND USE AND WATER CONSERVATION 3.1 Keep footprint simple for cost-effectiveness 1-3 points Reduce waste and im prove energy efficiency with a simple footprint as follows for: 3.1.1 Simple rectangle (no points for 3. '/.2 or 3. ~.3) 3 points 3,1.2 One "L" (no points for 3. '1. 'I or 3. ~.3) 2 points 3.1.3 Rectangle with 1 rectangle protrusion (no pts for3, f.~ or3.~.2) I point Compliance: Inspected (1: Foundation). Verification of footprint approved at plan review, ~'~ Xeriscape Landscaping (2 points required of PFAH projects) 1-5 points (1 point for each measure) Applicants can earn points by selecting xedscape measures. 3.2.1 Addition of organic material to and aeration of soil. Organic material can include. but is not limited to. manure and compost, 3.2,2 Reduction of turf areas. No more than 25% of landscaped area or 3000 souare feet (which ever is smaller) can be covered with high water demand tuff such as Kentucky bluegrass, For the Aspen/Pitkin County climate more appropriate turf can include. native iow wa[er. 9unch grasses for fringe areas, 3.2,3 All planting beds mulched with wood chips at least 2" deep. (Except desert plantings.) 3.2.4 Appropriate use of Iow-water-demand plants. All plants to be groupeo Py water needs 75% of the landscape must use iow or moderate water demand plants. 3.2.5 Zoned irrigation system. Irrigation system must be zoned to deliver different amounts of water a~propnate to the different plant zones. High-water zones should have irrigation controls that include timed devices and be surrounded on 75% of the perimeter with other water zones: no high-water zones should be immediately adjacent to large hardscapes such as driveways or streets, and for efficient irrigation, high water zones should not be installed in areas less than 15 feet wide. The remainder of the landscape should include iow to moderate water demanding plants, and should be irrigated with drip irrigation, bubbler, or micro-spray systems. Compliance: Self-Certified (S). r~ Water conservation by performance points method 1-13 (2 points required of PFAH prq[ects) Showers and faucets: Points are available for accumulat, e~ w.,at,er sa~/ings over code for listed fixtures and/or for dual flush toilets composting toilets and/or single 3.3.1 One point is earned for every one gallon per minute savings over code. CODE: Showerhead = 2.5 gpm; Toilet = 1.6 gpm: Lay. faucet = 2.2 gpm; Kit. faucet = 2.2 gpm P126 I' Use advanced framing techniques in design specifications and construction. Optimum value engineering (OVE) framing techniques include: 4.1.1 24" o,c. studs (2 points per level for all framing) 2-8 points 4.1.2 Two stud corners (~' point per level for afl framing) 1-4 points 4.1.3 Efficient headers (l point per level for afl framing) 1-4 points 4.1.4 Stacking joists over studs with single top plates 1-4 points (1 point per level for all framing) 4.1,5 Build with two-foot increments ( >- 75% of footprint) 2 points Compliance: Inspected (2: Framing). 4.2 Oriented Strand Board (OSB) in subfloors 1-4 points (1 point per level) Sub floors (10~100%) constructed with Oriented Strand Board (0SB). Compliance: Inspected (2: Framing). 4.3 Oriented Strand Board in wall sheathing 1-4 points (1 point per level) Use Oriented Strand Board for 10% - 100% of exterior wall sheathing applications. Compliance: Inspected (2: Framing). 4.4 Formaldehyde free OSB 1-4 points (1 point per level) Use formaldehyde free OSB for 10 -100% of OSB wherever 0SB is s~ecified. Compliance: Inspected (2: Framing) 4.5 Finger-jointed studs or engineered studs for wall framing 1-4 points (1 point per level) Use finger-jointed studs or engineered studs for 10% - 100% of all framing. Compliance: Inspected (2: Framing). 4.6 Finger-jointed interior trim 1-4 points (1 point per level) Use finger-jointed trim for 10%- 100% of ail interior trim. Compliance: Self-certified (S). 4.7 FSC certified sustainably harvested lumber 2-8 points (2 points per level for all exterior walls) Use certified sustainably harvested lumber for 10-100% of all exterior walls. Compliance: [nsDecte(3 (2: Framing). FSC certification placed in permit sleeve. 4. 8 Other FSC certified products used: 2-40 points A maximum of 20 points can be counted in this section. 4.8.1 FSC cedar shakes (2 points perlevet for ali roofing) 2-8 points 4.8.2 FSC trim & flooring (2 pts per level for all trim & flooring) 2-8 points 4.8.3 FSC cabinets (2 points per level for all cabinets) 2-8 points 4,8.4 FSC doors (2 ~o~'nts per level for all doors) 2-8 points 1/27/2003 7 P127 Compliance: Self-certifiec IS). 4.17 Frost-protected shallow foundation 3-12 points (3 points per level) Use this design technology for 10 -100% of foundation. Provide details as per references listed in the Resource Guide. Compliance: Inspected (1: Foundation). 4.18 Twenty percent fly ash content in all structural concrete '1-4 points (1 point per level of all structural concrete} Specify 20% fly ash content in 10-100% of structural concrete. Compliance: Inspected (1: Foundation). Batch report for fly ash content in permit sleeve 5.0 ENERGY CODE MEASURES ~ Performance exceeding the Aspen/Pitkin County Energy Code 1-10 points (4 points required of PFAH projec?s) One point is awarded for every 5% Pefl~rmance over "Pass" according to MEC check energy calculations. For example: For 10 % better than code performance. 2 points are earned No points can be earned if a snowmelt system and/or a heateC pool or spa is incorporated into the project. Compliance: Inspected (PC: Plan Check). 5,2 Window quilts or insulated window shades I point ( _> 50% of all windows) Install insulated window shades or window quilts on -> 50% of the windows Compliance: Self-certified (S). 5,3 Mechanical equipment centrally located 1 point Locate mechanical equipment within the middle third (1/3) of the distance of the longest horizontal diagonah Compliance: nspected (PC: Plan Check). ] Energy Star~ House (5 Star Rating) 5 points Obtain a 'Final' rating certificate for the house by Energy Rated Homes of Colorado (E-StarTS), with a score of at least 5 stars. Ar; E-StarTM 'From-Plans' rating certificate can be used with building permit application as per APECC comp lance and shall be submitted with building permit application. Compliance: qspected (5: Final). E~StarTM 'Final' rating certificate placed in permit sleeve 5.5. Energy '10 Analysis 3 points Use Energy 10 computer software to analyze the building's energy performance. Energy 10 cannot be used for APECC compliance i.e. Calres applications. Compliance: Inspected (PC: Plan Check). ~'~ All ductwork sealed with mastic '1 point Use mastic to seal all duct work: duct tape is not allowed. Compliance: Inspected/4: Roughqn). ~ Insulate all hot water pipes 1 point 1/27/2003 9 P128 (1 point for each appliance) Install an energy efficient dishwasher, clothes washer, refrigerator and/or freezer. "Energy Efficient" aooliance designation is indicated on the renu/red Deoartment of Energy "Energy Star~" abel Appliances snail be selected from the most efficient category in tine top ouar~er of the Energy Sta~ list. Compliance: Self-certified IS), 7.2 Clothesline I point install a permanent clothesline inside or outside, Compliance: Self-certified IS). 7.3 Energy efficient clothes washers 3 points Select a horizontal axts washer referenced in the Resource Guide for an e~ra ooint over the Energy Star®washer. Compliance: Self-certified IS). ~ Compact Fluorescent (CFL) bulbs ('/point required of PFAH projects) 1-4 points One point will be awarded for every four bulbs/lamps, up to a maximum of 4 points (points may Be awarded for additions or existing square footage as well as new construction) T8 & T5 fluorescent bulbs also qualify. Compliance: Self-certified IS). 7.5 Efficient light controls 2 points Control at least 2 interior spaces with efficient lighting controls. Efficient lighting controls include occupancy/motion sensors and automatic aaylight dimming controls. Compliance: Self-certified (S). 8.0 INSULATION 8.1 Wall insulation is 70% recycled material 2 points (> 75% of thermal envelope) Install insulation with at least 70% recycled content material in exterior wails. This includes but is not limited to Insulation made from recycled - newsprint, wood fiber, agricultural waste, cotton or mineral wool. Compliance: Inspected (3: Insulation). Insulation certificate placed in permit sleeve. 8.2 Roof insulation is 70% recycled material 2 points (> 75% of thermal envelope) Install insulation with a[ least 70 % recycled content material in roof/attic, insulation maoe from recycled materials: newsprint, wood fiber agricultural waste cotton or mineral woot can be useo Compliance: nspected (3: Insulation) Insulation certificate placed in permit sleeve. 8,3 Blown / sprayed insulation 2 points (_> 75% of thermal envelope) Install blown /sprayea insulation in walls and/or roofs/attics Points are also awarded for sections 8.1.8.2 and/or 8.3. Compliance: nsoected (3: Insulation). Insulation certificate placed in permit sleeve. 1/27/2003 11 P129 9.2.2 Reflective films on > 90% of east and west-facing glass or use w~r~dows with a Solar Heat Gain Coefficient of less than 0.45. 9.2.3 Radiant heat-reflective barriers installed on > 90% of roof applications 9.2.4 Landscs 3ing that shades > 75% of eas[ and west facing glazing during the summer season (June-August). 9.2.5) Properly sized overhangs for > 75% of south facing glazing area. The formula below will result in window overhangs that shade 100% of south-facing window glazing on June 21 st (the summer solstice). Applicants should use this formula as a guide for sizing all south;facing overhangs. D=H/F where: D = Distance of overhang from face of glass H = Heigi~t from bottom of glass to top of overhang F = 3.38 (F is a value ~orresoonding to the noon sun altitude angle on June 21s~. which results in 100% window shading), Compliance: Inspected (5: Final). For option 9.2.5 applicant must submk a calculation for 'D" that demonstrates overhangs have been designed in accordance with the equation above for all south- facing glazing. ~-~ No mechanical air conditioning 5 points Do not install compressed refrigerant systems for temoerature control. Compliance: Inspected (5: Final). 9.4 Evaporative cooling I point Install an evaporative cooling system instead of a compressed refrigerant a~r conditioner No points allowed for Section 9.3 above. Compliance: Inspected (5: Final). ~"~ Air infiltration rate below specified levels 2-12 points (4 points required of PFAH projects) Applicant must provide blower door test results identifying tr~e Natural Air Change per Hour (NACH) rate for the house. Points are awarded for meeting the following air infiltration rates: 9.5.1 0.40 NACH 2 points 9.5.2 <_ 0.35 NACH (2 additional pts for every .05 NACH reduction) 4-12 points Note: To earn points for air infiltration rates less than or equal to .35 NACH. mechanical ventilation that allows a minimum of .35 NACH must also be installed aha inspected. Compliance: Inspected (5: Final). Place blower door test result in permit sleeve. (Note: A blower aoor test is included in an E-StarTM rating.) 9.6 Whole-House Fan 2 points Instal a whole-house fan with an insulated cover. The fan must be mounted in a common area ceiling on the top floor of the house. The fan must have two speeds: Iow speed for continuous ventilation and high speed to vent the entire house quickly, Insulation. Iouvered vents, and an airtight seal are required to prevent air infiltration or ex'filtration. Fans should be sized to produce between '~- ' 5 air changes Der hour at top speed within the nome. Fans are rated in terms of the number of cubic feet oer minute (CFM) of air they move. For design purposes, to determ ne the appropriate size fan for your ~ro]ect. use the following formula: Minimal Fan Size (CFM)= Volume of House x 4-5 air changes/hour x 1/60 Volume of House= square footage of house x average ceiling height throughout house 1/27/2003 13 P130 Compliance: inspected (PC: Plan Check). Provide calculation south facing glass vs. total heated floor area on plans. 10.1.5 Passive solar 20 Points Install south facing glass equivalent to 7-12% of total floor area. Thermal mass must be added, either in the floor or walls, for each square foot of south facing glass °~er 7% of the floor area. Types of thermal mass which can be used include: concrete floors, two layers of sheetrock, exterior sheet rock, gypcrete (2 inches), tile floors, masonry, thick plast~r, adobe wallsl stone fireplaces, etc. Compliance: inspected (PC: Plan Check). Provide calculation of percentage of south facing glass and amount of thermal mass required with plans. 10.2 Solar heating system for domestic hot water 10 points install a solar system, which includes rooftop or ground-mounted panels (collectors), to collect and distribute solar heat to a heat exchanger and/or insulated storage tank for domestic hot water supply. Systems may be active, using pumps, or they may be a thermo siphon-type. The collectors must be mounted to achieve a minimum 85 % Orientation Adjustment Factor (refer to the Solar Table in the Resource Guide), by the combination of slope angle from the horizontal and orientation versus true south. No points can be awarded if points are taken for SeCtions 10.3 or 10.4. 10.2 Con't. System size is dependent on number of bedrooms. Collector size and storage tank size: 1 bedroom - 40 sq ft of solar collectors, 50 gallons storage; 2 bedrooms - 48 sq.ft, of solar collectors, 60-65 gallons storage; 3 bedrooms - 64 sq ft of solar collectors, 80 gallons storage; 4 bedrooms or more - 96 sq.ft, of solar collectors, 120 gallons of storage. Compliance: Inspected (5: Final). Show collector panels on plans and .specify panel sizes. Solar hot water systems may be installed off-site if approved by CORE Board. 10,3 Active solar pre-plumbing 2 points The piping is to be installed in an interior wall and shall start in the mechanical room or near the area that will house the storage tank. The piping should terminate in an attic space Gnder th~ roof that will support the solar collectors, and it shall be above the insulation for easy sighting. If there isn't an attic space, the piping shall end after penetrating the roof that will support the collectors. The two runs of piping shall be type M copper and be a minimum of 3/4 inch in diameter. All joints shall be soldered with lead-free solder. The piping shall be insulated with a minimum R-6. The insulation shall run continuously without any exposed piping. Run three conductors thermostat wire from the mechanical room to the roof. No points can be earned if snowmelt and/or a heated pool or spa is incorporated into the project. Pre-plumbed for future active solar retrofit. No points can be awarded if points are taken for Sections 10.2 or 10.4. Compliance: Inspected (5: Final).. 10.4 Active sOlar space heating, with solar domestic hot water 15 Points Install a solar system, which includes rooftop or ground-mounted panels (collectors), to distribute solar heat to a heat exchanger and/or insulated storage tank in order to meet part of the winter heating load. Area of solar collectors shall be 5-7% of total heated floor area. No more than 320 square feet of collector shall be installed on a house.'The collectors for the solar system must be 112712003 15 P131 11.5 Radon mitigation 5 points Design and install radon mitigation system according to generally recognized oractices to remove radon from under the slab and vent to a location away from oedestrian traffic areas, per EPA regulations. No ooints can be awarded if ooints are taken for Sections 'r 1.4. Compliance: Inspected (5: Fina;) 11.6 Solvent-free Iow-toxic wood finishes 1-4 points (1 point per level) Finish 10 - 100% of unfinished, interior wood with solvent-free, water-based Iow-toxic finishes. Compliance: Self-certified (S). 11.7 Low toxic floor coverings 1-4 points (1 point per level} Install chemical free caroeting, cork. linoleum or other Iow-toxic floor coverings for 10% - 1 00% of all floor coverings. Compliance: Self-certified ($). ~ Carbon monoxide detector 3 points nstal] an electric (hard-wired) or AC/DC carbon monoxide detector, located according to manufacturer's recommendation. Compliance: Inspected (5: Final) r~ Non-atmospheric vented (sealed combustion) gas furnace/~3oiler & water heater (5 points for each piece of equipment) 5-10 points (5 points required of PFAH projects) Install a non-atmospheric vented (sealed combustion) gas furnace, boiler, and/or water heater. Compliance: Inspected (5: Final). 11.10 Sealed mechanical room 2 points Mechanical e~]uipment such as the furnace/boiler and water heater must be located in a separate room. The room should be sealed off with a continuous air-barrier, to minimize air infiltration from the mechanical area to the rest of the house and be insulated to R-11. Room must be fitted with an exterior solid-core door weather-stripped to exterior specifications. Compliance: Inspected (3: nsulation). ~ Exhaust fan installed in attached garage or no attached garage 5 points For attached garages, install an exhaust fan with a timer and/or sensor. Points can also be awarded if the garage is built detached from house. Compliance: Inspected (5: Final). 11.12. Elimination of all particleboard inside envelope Of h~'~s'e 5 points Do no[ install any formaldehyde-based particleboard inside the house. Compliance: Self-certified (S). 11.13 Elimination of all medium density fiberboard made with urea-formaldehyde inside envelope of house 3 points 1/27/2003 17 P132 City of en/Pitkin Co_unty Efficien__t. Building Program Checklis___t OWNER: PROJECT ADDRESS: PARCEL ID #: CONTA CT NAME: CONTA CT NUMBER: CONTA CT E-MAIL ADDRESS: PERMIT #: TYPE OF PROJECT: NEW $CRAPE-O/=F REMODEL ADDITION New construction square footage: Points required: Interior remodel square footage: Points required: Addition square footage: Points required: Detached garage square footage: Points required: tTOTAL POINTS REQUIRED Gty of Aspen/Pitkin Co_ u ty Efficient B_ uildinff Program Checklist_ LEGEND S 7'0 = Dark outline indicates mandatory measures for ~ubhcl.-funded affordable housing projects (PFAH) = Self-certified (ApplicanYs s~gna~ure on this checklistserves as certJffca~on.] 1-5 = Inspected (PC: Plan Check: 1: Foundation: 2: Framing; $: insulation: 4: Rough-in: 5: FinaP P -- PrereQuisite ~These measures must be achieved for the subseouenr points to be earned. Point levels = Level 1 = 10% - 2b%: Level 2 ¢- 26% ~ 50%: Level 3 = 51% - 75%: Level 4 = /6% - 100% CONSTRUCTION/DEMOLITION AND USE. OF RESOURCE-EFFICIENT MATERIALS 2.1 Oeconstructien Plan submitted with permit abel[cation (remodels and/or scraee-off~ only) Demolition debris reduced (4 points required of remodets and/or ecrape-offs) 2.2.1 Wood recycled [ composted (z 75% of ai~ wood) 2.2.2 Metairecycled ( >_ 90% of all metals) 2.2.3 Doncrate recycted (z75%ofallconcrete) 2.2.4 Carpet pad recycled (90% of ail carpet pad) 2.2.5 Compaciton (grinding, shredding, crushing, etc.) 2.2.8 Material salvaged for reuse (6 points per ievet) Decenstructien materials donated to a non-profit organization , 2.4 Construction debris recycled (4 points required of ell new construction & PFAH projects) 2.4.1 Wood scrap recycled /composted (1 point perleveO 2.4.2 Metal scrap recycled ( >- 90% of all unused metals) 2,4,3 Cardboard recycled (1 pointperlevet) Reclaimed lumber (5 points perleveO Reclaimed extedor trim t siding / interior trim / flcodng (5 points per level) 2.7 Recycled.content carpet (1 point per level) 2.8 Recycled.content in decking materials (1 point per level) 2.9 Recycled-content sheathing (1 point per/eve/] Recycled-content er fiber cement siding (? point perlevet) 2,11 Recycled-content ceramic tile (1 point per feve0 2A2 Recyc[ed-contentroeflng (l point perlevel) Rapidly recewsbie content flooring used (2 points per level) Built-in kitchen recycling center to include two or more bins .., ,., .~...: ,: .. ':' ,. 1/27/03 City of Aspen / Pitkin County Efficient Building Program Page 1 P133 I 5.0 ENERGY MEASURES PC 1-'t01 5.1 Performance exceeding the Model Energy Code 98.2 standard for APECC (1 pt for every 5% better) (4 pts for PFAH) S I 5.2 Window quiits or nsuatedwndowshaOesinstalled (z75%ofallextefiorwindows) PO 1 5.3 Mechanical equ~pmentcen[ra y $ 5 5.4 EnergyStar~ house(5starr~tingonbnE-StarTM) PC 3 5.5 Energy 10 anatysis 4. '1 5.6 Ail ductwork sealed with mastic 4 ~' 1 5.7 Insuiateatlhotwaterpipest~lllocatiohstoR:3 3 3 5.8 Unrented crawlspace (conditioned. ins~la~edw~lls, Poh~nuous vaporbarder, no vents, etc.) · 5 2 5.9 Side.arm hot water heater · ~ --~_ 5.,0 Energy-efficient belier or,urnace __ 5 4 5.10.1 87% (min.) -~fff~Jen~ boiler or 94% (min.) eCficient furnace $ 5 5.10.2 Modulating or sequentially stag&.d b-oilers 5 3 5.11 Outdoor reset thermostat control 5 4 5.12 High-efficiency gas h~ ~ter'he~ter ' 7.0 ELECTRICAL S 1-2 7.1 EnergyStar~ appliances (¢ point fe;' each appliance) (2 points required of all PFAH projects) S I 7.2 Clothesline (indoor or outdoor) S 3 73 Energy-efficient clothes washer (sate,clad from list on wWW. cee 't,org - Tier 2 or higher) S 1-2 7.4 Compact fiuorescent bulbs (fpointforevety4bulbs)(fpoi/ltrequiredofallPFAHprojscts) $ 2 7.5 Efficient light controls (-> 2 intedsr spaces conEd/l&d) 8.0 INSULATION 3 2 8.1 Wall insulation is 70% recycled material (-> 75%0fa!1 wa#insulation) 3 2 8.2 Roof insulation is 70% recycled msterial (-> 75% ofallrssYinsulafion) 3 2 8.3 Blown / sprayed insulation (>- 5~% ofallineulaiJon) 3 2 8.4 Formaldehyde-free insulation (>- 50% of all insulalion) -- · ~ ~ 8.5 Single-pane windows upgraded (~i~i/~'~n$~'r~odelsb~ly) -- 5 0.5 8.5.1 Double-glazed (no points for~:5.2 8~' 8.5.3) 5 I 8.5.2 Double-glazed with Iow-e coa~ing (nb points for 8.5.1 or 8.5.3) 5 0.5 8.5,3 Speetratly-selective film applied to historic windows (no points for 8.5.1 o}' 8.5.2) 3 7 8.6 Existing ceiling insulated to R-38 or to capacity (add~'8ons & remodels only) 3 5 8.7 Ex st ng walls insulated to capacity Or ~'igid in~b~tib~ added to e~en~or '(addi~bfi~'& ';;emod~ls O~y) 9.0 HEATING, VENTILATING; AND AIR CONDITIONING (HV.~C) S I 9.1 Air destratificatien system 1-5 9.2 Natura[cooling (l point required of a# PFAH projscts) 5 I 9.2.1 Vertical shading devices for east arid west-facing glass 5 1 9.2.2 Reflective films on east'a}~d W~s't~:f§~i~g glass oruss v~indews wi(~ a SHGC of l~ss thar~ 0.45 3 I 9.2.3 Radiant heat-reflective barders installed on reef app[ica~riOn~' ' S I 9.2.4 Landscaping that shades east a6d west fa(~ing glaZing dudng the summer season (June-August) 5 I 9.2.5 Properly sized overhangs for ss(~th facing gazing ~?ea 5 $ 9.3 No mechanical air conditioning 5 I 9.4 Evaporative cooling (no points for g.3 or 9.6) · ~'~ ~.5 Airinfi~trati~nratebe~wspeci~ed~ev~(B~erD~rTe~t~-~quire~`(4pOints~required~fa~pFAH~r~jec~s) 5 2 9.5.1 0.40 NACH 5 4-12 9.5.2 ~ 0.35 NACH (2 additional points for every.05 NACH reduction) 5 2 9.6 Who~e-House Fan costing (no points for 9.3 or 9.4) 5 10 9.7 Convert eiectdc resistance heat to gas (eddiEons & remodels only) 5 4 9.8 Replace electric water heater with a gas water heater (additions & remodels only) 5 3 9.9 Hydronic heat ( z 50% of headng system,· no points for 9.7) 5 8 9.10 Air to air heat exchanger 1/27/03 City of Aspen / Pitkin County Efficient Building Program Page 3 P134 Ci _ of Aspen / Pitkin Count_ E cient Building Program Deconstruction Plan (2.1 - Required for additions, remodels, or scrape-offs only.) Project Address: Date: Contractor: Phone: Property Owner: Project description: Project Size (fr2): Deconstruerion contact: Phone: I. Is project partial or complete demolirion/deconsn-ucdon? Partial Comp[ere _ 2. How much of the structure will be demolished/deconstructed? > 500 fr2 >1000 ft2 >1500 ft2 >2000 ft2 3. Lumber, metal, doors, windows, concrete, cabinets and some appliances can be recycled or donated for re-use. Do you intend to deconsrmct project for materials recovery? Yes No (If No, go to question 5)- Refer to the City of Aspen / Piddn County Efficient Building Program Resource Guide for a list of local deconstruction companies or for a list of deconstruction materials accepted locally. 4. If you intend to deconstruct, who will be performing the work? Contractor & Phone number Method of disposition: Donate __Recipient: Onsite auction/Sale Date and dine of sale: 5. Will demolition waste be recyded? Yes No 6. What types and amounts of reusable or recyclable materials will this project generate? MEMORANDUM TO: Mayor and Council FROM: Stephen Kanlpe, Chief Building OfficiaK"'/flZ~ THRU: Julie Ann Woods, Community Development Director¢ RE: City of Aspen Energy Conservation Code Date: FEBRUARY 10, 2003 SUMMARY The City of Aspen Energy Conservation Code, aka Aspen/Pitkin Energy Conservation Code (APECC) requires amending to reflect the new deparrmem structure, clarification to address proper installation and evaluation of ground source heat pump systems and to delete code language no longer apphcable. Strike through version was distributed with the Ia Reading. Only the new language version of the Code is included for review in this packet. In accordance with our Intergovenn-nental Agreement, Pitkin County proposes the same ordinance for adoption. BACKGROUND: The Renewable Energy Mitigation Program was adopted in January 2000 and Council directed CORE to review it after two (2) years. A letter from CORE is attached. DISCUSSION: The administrative changes ktrther define exemptions for historic buildings. This is necessary_ as more snow mek roofs appear in the downtown core and the current language did not anticipate such uses. Fee refund procedure is now the same as the other companion codes The majority of changes are in the standards that address heat pump systems These systems were mistakenly grouped in the "renewable" category when in fact they are "efficient" systems and require significant electrical input to operate. CORE worked closely with mechanical engineers, heat pump designers and system installers to arrive at the additions to this chapter. It is a~eed that the formulas and assumptions are fair and accurate. ISSUES SINCE 1sT READING: Councilman Semrau suggests that with the adoption of the Efficient Building Code being considered, section 311.3.2 of the Energy Conservation Code be deleted. This section requires large homes to produce 2 kilowatts (4 kilowatts for 10,000 square ft.) of on-site renewable energy or pay an equivalent REMP fee. The fee is $5,000 for a 5,000 square foot home or $10,000 for a 10,000 square foot home. Councilman Semrau feels that this fee is duplicative and should be deleted. Staff conversation with the CORE staff indicates that CORE does not agree with this approach. The attached ordinance is the same as that presented at first rea&ng. If C~ty Council P136 a~ees with Councilman Semrau the ordinance will need to be amended accordingly. The Efficient Building Code, in Item 10.5, credks Solar-Generated Electric systems installed for points needed to pass toward the KEMP fee in the Energy Code. Off-site systems may also be installed if approved by the CORE board. FINANCIAL IMPLICATIONS: As a result of this requirement, the KEMP program collected $235,000 in 2000, $200,000 in 2001 and $135,000 in 2002. This contribution totaling $570,000 would be lost if section 311.3.2 were deleted fxom the City of Aspen Energy Code. RECOMMENDATION: Staff recommends adopting the City of Aspen Energy Conservation Code as proposed. PROPOSED MOTION: "I move to approve Ordinance # 9 - 2003.' Att achments: A: - Proposed amended sections of the Energy Code. D:\srepher~\aspemmemoL2nd CC memo energy code building ord 2-10-03.doc P137 CORE C O~EVILrNITY OFFI CE FOR RES OURCE EYFI CI~F. aN'Cy (970) 544 9808; fmx 963 5691 J~u~ 21,2003 To: Stephen K~pe ~d Tony Fus~o Subject: Reused Ener~ Code Chapter 3 The Renewable Ener~ ~tigation Progr~ (~) as an option for ener~ ~tigafion was t~fia~ed in Imnu~, 2000, CO~ pro~sed to renew the pro~ ~er 2 ye~s ~d to address any issues ~ the code. ~ t~s re,sion we have included input from ~dust~ ~d en~nee~g profess~on~s involved ~ const~ion ~ ~e Ciq.' ~d Count. ~ has been a huge success and is ~ [~ovative public policy. ~pen has received considerable press about ~N~; V~ and Tellufide are reviewing how to ~mplement a ~N~ type pro~ ~d co~u~ties in Cape Cod~ C~ifo~% Pe~sylv~a ~d M~l~d are conside~g ways to adapt ~e proem to thek conditions. ~ the first 2 ye~s. over ~1.6 ~ion was collected t~ough ~ fees. During t~s time, the CO~ Board obt~ed approval by the City Council and Coumy Co~ss~oners for proje~s toting about $1~on. Our po~foHo of projects has been success~l a~ reduc~g 5:6 pounds for eve~ po~d of gee~ouse gases produced; we had pro~sed to offset at least 2 for 1 In ~e 3~ ye~ ~ fees coHe~ons have slowed co~derably m $250,000. ~ fees ~d poH~ ~e helping ~pen ~d PitOn County to reduce ener~ consumption h their buildings, create a stable renewable ener~ business co~u~y with sol~, ~cro- hydro ~d ~nd power projects, st~ car shag, ~d promote e~cient building prac6ces in both ~ordable hous~g ~d gener~ const~ction. Changes in t~s version of the code: 1. Cl~fications on gound source heat pumps. We added dzt~ls for t~s ener~ e~cient t~olo~ to h~re proper ~t~afion for both ~ ~d applications. 2. Pro,des ad~tion~ emples on how to c~culate ~ fees h d~erent application. 3 The choice to pay a ~ fee was on~n~ly established with a li~t of g100,000. T~s H~t has been cl~ed to ~ctude a equiv~ent BTU v~ue of 240,000,000 BTUs per pgcel. T~s is enou~ ener~ to heat a 6000 ~500 sq R. home, or have 8000 sq ~ of sno~elt 4. Equ~zes ~ fees ~d on-site renewable ener~ options. 5. Establishes st~d~ds for c~culating sol~ credits for ~ fees. 6. Up-dates ~e code for the E~cient ~9~Id~g Pro,am introdu~ion ~d addresses some ~or code ch~ges to refle~ newer tec~ol0~. The code is attached for your renew "taking the long view. P138 ORDINANCE NO. 10 (SEREES OF 20O3) AN ORDIkNANCE OF TI~E CITY COUNCEL OF TI=YE CITY OF ASPEN. COLORADO, TO AMEND SECTION 8.20.020 (w) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATE~G TO TFIE CITY OF ASPEN ENERGY CONSERVATION CODE WHEREAS, the City Council has and cominues to support the Building Division to develop a progressive and innovative energy conservation program, and WHEREAS it is the policy of the City to encourage features in any development which will conserve energy resources and minimize the consumption of energy, and WHEREAS the City ~s nationally recognized as a leader in energy code developmem, and WHEREAS, the City Council finds energy conservation is consistent with the goals and elements of the Aspen Area Community Plan. NOW, THEREFORE. BE IT ORDAINED BY TH~ CITY COUNCIL OF TilE CITY OF ASPEN, COLORADO, THAT IT It~REBY ADOPTS TIlE CITY OF ASPEN ENERGY CONSERVATION CODE: Section 1: That section 8.20.020 (w) is hereby amended to read as follows: The Chief Building Official shall adopt, publish and enforce administrative and energy conservation standards to implement an Energy Conservation Code. At least one (1) copy of said regulations shall be available for inspection during regular business hours. Section 2: The administrative and interpretive regulations shall be in a form similar ro that appended hereto as Exhibit A. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clanse, phrase, or portion of this Ordinance is for any reason held invalid or unconsttmtional in a court of competent jurisdiction, such portion shat[ be Ordinance No. 10. Series of 2003 Page 1 P139 deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo£ Section 5: A public heating on the Ordinance shall be held on the 10~ day of February, 2003, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fi~een (15) days prior m which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen INTRODUCED, READ AND ORDERED PUBLISHED as provided by la,v, by the City Council of the City of Aspen on the 27~ day of January, 2003. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this day of.. ,2003. Attest: Kathryn S. Koch, City Clerk Helen IC Klanderud, Mayor Approved as to form: City Attorney Ordinance No. 10. Series of 2003 Page 2 ADIvlINISTRATIVE AND ENERGY CONSERVATION STANDARDS FOR BUILDINGS C}tAPTER 1 SECTION 101 - TITLE, PURPOSE, AND SCOPE 101.1 Title. These regulations shall be known as the City of Aspen and Pitldn County Energy Conservation Code, may be cited as such and will be referred to herein as "this Code" 101.2 Purpose. The purpose of this code is to provide minimum standards for the conservation of energy obtained from depletable sources by regulating and c6ntrolling the design, construction, quality of materials, location and maintenance of all. buildings and structures within this jurisdiction and certain equipment specifically regulated herein. 101.3 Scope. The provisions of tiffs code shall apply to all buildings for which an application for a building permit or renewal of an existing permit is filed or is required by law to be filed; and, that are either directly or indirectly conditioned by mechanical heating or mechanical cooling. EXCEPTION: Qualified "Historic Buildings" as defined in Chapter 2, Section 209 of this Code. For the purpose of this exception only existing conditioned space and existing exterior building envelope elements are exempt. Building additions to or areas of complete demolition are subject to section 305 or 306. Snow melt and pool and spa installations shall be subject to section 311. SECTION 102 - RESERVED SECTION 103 - VIOLATIONS AND PENALTIES 103.1 Violations. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause the same to be done, contrary to or in violation of any provisions of this code. 103.2 Penalties. A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time the limit set for abatement of the violation - 1.l - 2003 APECC SECTION 104 - ORGANIZATION AND ENFORCEMENT See Section 104 of the 1997 UBC. SECTION 105 - BOARD OF APPEALS See Section 105 of the 1997 UBC SECTION 106 - PERMITS See Section 106 of the 1997 UBC. 106 1 Additional information for APECC Permits. Each application for a building pernmt subject to this code shall contain at least two copies of the documents listed below. For all new buildings and outdoor heating system equipment regulated by this code the applicant shall ['fie the appropriate plans. The plans and specifications shall indicate the features and performance specifications needed to comply with this code, and shall be approved by the Building Division by stamp and authorized signature. Plans and specifications showing the characteristics of each feature, material, component, and manufactured device regulated by Chapter 3. If any characteristic of any such feature, material, component, or manufactured device is changed before the final inspection, the change shall be submitted to the Building Division I06.2 Responsibility for Signing. Each document described in Section 106.1 shall be signed by the person responsible for its preparation. If more than one person has responsibility for building design or construction, each person may prepare and sign the document or documents applicable to that portion of the design or construction for which the person was responsiblel alternatively, the person with chief responsibility for design or construction may prepare and sign the document for the entire design or construction. 106.3 issuance of APECC permits. No permits shall be issued For any construction unless the Building Division determines that the construction is designed to comply with the requirements of this code in effect on the date on which the pernmt application was submitted. If a building permit has expired and there has been no construction, the Building Division shall not issue a ne~v permit unless the Building Division determines in writing that the construction is designed to comply with the requirements of this code in effect on the date the new pertmt is applied for. - 1.2 - 2003 APECC P142 SECTION 107 - FEES The APECC review and compliance fee shall be 10% of the associated permit fee. The minimum review and compliance fee for building permits shall be $20.00 Upon wm~en request of the applicant, refunds may be approved for up to 80% of the fee paid for APECC or KEMS'. No refund will be approved when requested more than 180 days atker the Certificate of Occupancy or Letter of Completion is issued for the permit. Any additional energy use regulated by this code and installed without approval shall be charged double the applicable fee. SECTION 108 - INSPECTIONS See Section 108 of the 1997 UBC 108.1 Energy Conservation Code inspections The Building Division shall inspect new construction To determine whether it is cons~s~em with approved plans and specifications, and complies with this code. Certificates of Occupancy or Letter of Completion shall not be issued until such consistency is verified. SECTION 109 - CERTIFICATES OF OCCUPANCY See Section 109 of the 1997 UBC SECTION 110 - CALCULATION METHODS AND ALTERNATE COMPONENT PACKAGES 1 l0 1 Public Domain Computer Program. [n addition to the presem approved public domain computer programs, the Chief' Building Official may, upon wrkten application or his/her own morion, approve additional public domain computer programs that may be used to demonstrate that the proposed building designs meet the requirements of this code. The Chief Building Official shall ensure that user's manuals or guides for each approved program are available. - !.3 ~ 2003 APECC P143 CI[tAPTER 2 DEFINITIONS AND ABBREVIATIONS SECTION 201 - DEFINITIONS 201 General. For the purpose of this code certain terms, phrases, words, and their derivatives shall be construed as specified in this chapter and elsewhere in this code where specific definitions are provided. Terms, phrases, and words used in the singular include the plural and the plural the singular. Terms, words, and phrases used in the masculine gender include the feminine and the feminine the masculine. Terms~ phrases, and words nor found in ChapTer 2 shall be defined as in Chapter 2 of the 1997 UBC. Where terms, phrases, and words are not defined in any of the references above, they shall be defined as specified in Webster's Third New International Dictionary of the English Language, Unabridged (1986 ed), unless context requires otherwise. SECTION 202 - A ACCESSIBLE is having access thereto, but which first may require removal or opening of access panels, doors, or similar obstructions. ADDITION is any change to a building that increases conditioned floor area and/or conditioned volume. ALTERATION is any chan~,e to a budding s water heating system, space conditiohing system, or envelope that is not an addition. ALTERNATIVE CALCULATION METHODS (ACMs) are the City of AsperdPitkin County Energy Code Public Domain Computer Programs, one of the City of Aspen/Pitkin County Energy Code Simplified Calculation Methods. or any other calculation method approved by the Chief Building Official. APPLIANCE EFFICIENCY REGULATIONS is NAECA APPROVED BY THE CHIEF BUILDING OFFICIAL means approval under Uniform Building Code. APPROVED CALCULATIO,~- METHOD (See ALTERNATIVE CALCULATION METHODS). SECTION 203 - B BUILDING is any structure or space for which a permit ~s sought. - 2.1 - 2003 APECC P144 BUILDING D~ISION means AsperdPitkin Communky Development Department. Building Division. BUILDING ENVELOPE is the ensemble of exterior and demising partitions of a !' building that enclose conditioned space. SECTION 204 ~ C CERT~YING ORGANIZATION is an independent organization recognized by the Chief Building Official to certify manufactured devices for performance values in accordance with procedures adopted by the Chief Building Official. CHIEF BUII,DING OFFICIAL is the officer or other designated authority charged with the administration and enforcement of this code, or the Building Official's duly authorized representadve. CLhMATE ZONE is the geographic areas of Pitkin County for which the Asper~itkin Regional Building Division has jurisdiction. COEFFICEENT OF PERFORMANCE (COP) - HEAT PLrM~ is the ratio of the rate of heat delivered to the rate of energy input, in consistent units: for a complete heat pump system under designed operating conditions. COMPLIANCE APPROACH means any one of the allowable methods by which design and construction of a building may be demonstrated to be in compliance with Chapter 3. CONDITIONED FLOOR AREA (CFA) is the floor area (in square feetj of enclosed conditioned space on all floors of a building, as measured at the floor level of the exterior surfaces of exterior walls enclosing the conditioned space. CONDITIONED SPACE ~s space in a building that is either directly conditioned or indirectly conditioned. CONDITIONED VOLUME is the total volume (in cubic feet) of the conditioned space within a building. COVERED PRODUCT is an appliance regulated by the efficiency standards established under the National Appliance Energy Conservation Act (NAECA), 42 U.S.C. Section 6291 of 1987, CRAWL SPACE is an unfinished space immediately under the first floor of a building adjacent to grade less than 5'6" in height. 2.2 - 2003 APECC P145 SECTION 205 - D DECORATIVE GAS APPLIANCE is a gas appliance that is designed or installed for visual effect only, cannot burn solid wood, and simulates a fire in a fireplace DEGREE DAY, HEATING is a unit, based upon temperature difference and time, used in estimating fuel consumption and specifying nominal annual heating load of a building. For any one day, when the mean temperature is less than 65°F, there exist, as many degree days as there are Fahrenheit degrees difference in temperature between the mean temperature for the day and 65°F The number of degree days for use with this code is 8,850. DEMISING PARTITIONS AND WALLS are barriers that separate co~ditioned space t'rom enclosed unconditioned space DESIGN CONDITIONS are the parameters and conditions used to determine the performance requirements of space conditioning systems. Design conditions for determining design heating and cooling loads are specified in Section 305.1.7.2. DESIGN HEAT LOSS RATE is the total calculated heat loss through the building envelope under design conditions, SECTION 206 - E EFFICIENT BUILDING PROGRAM is the pro.am adopted by the Cky of Aspen and Pitkin County regulating desigr[ landscape, materials and equipment. ENCLOSED SPACE is space that is substantially surrounded by solid surfaces. ENERGY BUDGET is the max/mum amount of source energ'y that a proposed building, or portion of a building, can be designed to consume, calculated with the approved procedures specified in Chapter 3. ENERGY CONSERVATION STANDARDS means City of AsperfPitkin County Energy Conservation Code, Chapter 3 ENERGY OBTAINED FROM DEPLETABLE SOURCES is electricity purchased from a public utility, or any energy obtained from coal. oil, natural gas, or liquefied petroleum gases. ENERGY OBTAI2',VED FROM NONDEPLETABLE SOURCES is energy that is not energy obtained from depletable sources. ENFORCING AGENCY is the City of Aspen and Pitkin County Community Development Departments, Building Divisions. - 2.3 - 2003 APECC P146 ENTIRE BUILDING is the ensemble of all enclosed space in a building, including the space for which a permit is sought, plus all existing conditioned and unconditioned space within the structure. ENVELOPE means building envelope ERHC E-STARTM is a program provided through Energy Rated Homes of Colorado which rates the energy efficiency of a structure. EXFILTRATION is uncontrolled outward air leakage from inside a building, including leakage through cracks and interstices, around windows and doors, and through any other exterior partkion or duct penetration. EXISTING BUILDING is a building constructed prior to the adoption of the Asper~Pitkin Energy Conservation Code dated Februa~ 12, 1996. EXPOSED THERMAL MASS is mass that is directly exposed (uncovered) to the conditioned space of the building. EXTERiOR FLOOR/SOFFIT is a horizontal exterior partition, or a horizontal demising partition, under condi{ioned ipace. For residential occupancies, exterior floors also include those on grade. EXTERiOR PARTITION is an opaque, translucent, or transparent solid barrier that separates conditioned space from ambient air or space that is not enclosed. For low-rise residential occupancies, exterior partitions also include barriers that separate conditioned space from unconditioned space, or the ground. EXTERiOR ROOF/CEII,ING is an exterior partition, or a demising partition, that has a slope less than 60 degrees from horizontal, that has conditioned space below, and that is not an exterior door or skylight. EXTERIOR ROOF/CEIJ~ING AREA is the area of the exterior surface of exterior roof/ceilings. EXTERIOR WALL is any wall or element of a wall, or any member or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater with the horiZ0r{tai plane. An ~x~eri0r Wall or Partition is not an exterior floor/soffit, exterior door, exterior roof/ceiling, window, skylight, or demising wall. EXTERiOR WALL AREA is the area of the opaque exterior surface of exterior walls. - 2.4 - 2003 APECC P147 SECTION 207 - F FENESTRATION PRODUCT is any transparent or translucent material plus any sash. frame, mullions, and dividers, in the envelope of a building, including, but not limited to: windows, sliding glass doors, french doors, skylights, curtain walls, and garden windows. FIt~EPLACE is a hearth and fire chamber or similar prepared place in which a solid fuel fire may be burned, as defined in UBC Section 3102.2 and as further clarified in UBC Section 3102.7, these include but are not limited to factory-built fireplaces, masonry fireplaces, and masonry heaters (solid fuel burning device). SECTION 208 - G GAS HEATING SYSTEM is a natural gas or liquefied petroleum gas heating system GAS LOG is a self-contained, freestanding, open-flame, gas-burning appliance consisting of a metal frame or base supporting simulated logs, and designed for installation only in a vented approved for burning wood devise. GLAZING (See FENESTRATION PRODUCT). GROSS EXTERIOR ROOF AREA is the sum of the skylight area and the exterior roof/ceiling area. GROSS EXTERIOR WALL AREA is the sum of the window area, door area, and exterior wall area. GROUND SOURCE HEAT PUMP is a refrigeration system that ex~rac~s heat from one substance and transfers it to another in the same system for a beneficial purpose. SECTION 209 - Il HABITABLE STORY is a story that contains space in which humans may work or live in reasonable comfort, and that has at least 50 percent of its volume above grade. HISTORIC BUILDING is a building or structure that has been designated by official action of the legally constituted authority of this jurisdiction as having special historic or architectural significance. SECTION 210 - I INDIRECTLY CONDITIONED SPACE is enclosed space that is not directly conditioned. INFILTRATION is uncontrolled inward air leakage from outside a building, or P148 unconditioned space, including leakage through cracks and interstices, around windows and doors, and through any other ex-tenor or demising partition or p~pe or duct penetrarion. SECTION 213 - L LPG is Liquefied Petroleum Gas. SECTION 214 - NI MANUFACTURED DEVICE is any heating, cooling, ventilation, water heating, refrigeranon, cooking, plumbing fitting, insulation, door, fenestration product, or any other appliance, device, equipment, or system subject to this code. MECHANICAL HEATING is raising the temperature within a space for the purpose of maintaining human comfort using electric resistance heaters, fossil fuel burners_ heat pumps, or other svstems that reqmre energy from depletable sources MODEL12'gG ASSUMPTIONS are the conditions (such as weather conditions_ thermostat settings and schedules, internal gain schedules, em ) that are used for calculating a building's armuai energy consumption and that are in the Alternative Calculation Methods Manuals. MODEL ENERGY CODE is the current document of the same name developed and supported by the U.S. Department of Energy. SECTION 215 ~ N NAECA is the National Appliance Energy Conservation Act of 1987 (Public Law 100- NATIONAL FENESTRATION RATING COUNCIL is the NFRC, certified products directory, published by NFRC, incorporated, 1300 Spring Street. Suite 120, Silver Spring, Maryland. 20910. NONRESIDENTIAL BUILDING is any building that is not a residential building. NON-VENTED ROOF/CEILING ASSEMBLY as referenced in th_is code is an assembly that complies with the policy adopted by the Building Division for the control of moisture in the interior insulation of the roof and has been approved by the building official - 2.6 - 2003 APE('(' P149 SECTION 216 - O OPERABLE SHADING DEVICE is a device at the interior or exterior ora building or integral with a fenestration product, which is capable of being operated, either manually or automatically, to adjust the amount of solar radiation admitted to the interior of the building. OPTIMAL OVERHANG is an overhang that completely shades the glazing at solar noon on August 21 and substantially exposes the glass at solar noon on December 21 SECTION 219 - R RADIANT SLAB is in floor hydronic heat installed in a solid thermal mass. RAISED FLOOR is a floor (partition) over a cram space, or an unconditioned space, or ambient air READIJ~Y ACCESSIBLE is capable of being reached quickly for operauon, repair, or inspection, without requiring climbing or removing obstacles., or resorting to access equipment. RELATIVE SOLAR HEAT GAIN is the ratio of solar heat gain through a fenestration product (corrected for external shading) to the solar heat gain from an unshaded single light of 1/8 inch thick clear double strength glass under the same set of conditions, excluding the effects of mullions, frames and sashes. RENEWABLE ENERGY MITIGATION PROGRAM is designed to offset the environmental impacts and greenhouse gas emissions produced by non-complying exterior snowmelt, pool, and spa systems and by homes exceeding 5,000 square feet. Fees collected by the program will be used to fund energy efficiency and renewable energy installations in the City of Aspen and ?itkin County and, if necessary, purchase wind energy from wind generators in Colorado or Wyonung. It will be administered by the Board of Directors of the Community Office for Resource Efficiency (CORE). REPAIR is the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. REPAIR OR REPLACEMENT GLAZING is glazing without a frame, associated with a repmr that is not an addition or alteration. RES CHECK is the current version of a prescriptive compliance method that was developed by the U.S. Department of Energy. RESIDENTIAL BUILDING is a one or two family dwelling or a town home not more than three stories - 2.7 - 2003 APECC P150 SECTION 220 - S SERVICE SNOWlv~LT HEATER is an apptiance designed to heat a liquid for the purpose of melting ice and snow. SERVICE WATER HEATER is an appl/ance designed primarily to supply hot water for sanitary purposes for human occupancy, other than for comfort heating. SERVICE WATER HEATING is heating of water for sankary purposes for human occupancy, other than for comfort heating. SHADING COEFFICiENT (SC) is the rauo of the solar heat gain through a fenestration product to the solar heat gain through an unshaded I/8 inch thick dear double strength glass under the same set of conditions. For aortres[dential, high-rise residential, and hotel/motel buildings, this shall exclude the effects of mullions, frames. sashes, and imerior and exterior shading devices. SITE BUILT WINDOWS are those products which are field constructed from elements, including framing, glazing, and weather-stripping, nor sold together as a fenestration product SITE SOLAR ENERGY is natural daylighting, or thermal, chemical, or electrical energy derived from direct conversion of incident solar radiation at the building sire. SKYLIGHT is glazing having a slope less than 60 degrees from the horizontal with conditioned space below SKYLIGHT AREA is the area of the surface ora skylight, plus the area of the frame. sash_ and mullions. SNOWMELT is the mecharfical melting of snow on driveways, walkways, etc. SOLID FUEL BURNING DEVICE shall mean a burning device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes. without limitation, solid fuel-fired stoves, wood stoves or any nature, fireplaces, pellet stoves, solid fuel-fired cooking stoves, combination fuel furnaces or boilers which burn solid fuel, or any other device used for the burning of solid combustible material. Solid fuel burhin=o devices do nor include gas log fireplaces, decorative gas appliances or electrical appliances. SOURCE ENERGY is the energy that is used at a site and consumed in producing and in delivering energy [o a s~re_ including, but nor limited to, power generauon_ transmission, and distribution losses, and that is used m perform a specific function. such as space conditioning, lighting or water heating. Table 3~1 contains the conyersmn factors for converting site to source energy. - 2.8 - 2003 APECC P151 SPA is a unit primarily desig, ned for therapeutic use which is not drained, cleaned or refilled for each individual. It may include, but not limited to, hydrojet circulation, hot water_ cold water, mineral baths, air induction bubbles, or any combination thereof. Industry terminology for spa includes, but is not limited to. therapeutic pool, hydrotherapy pool, whirlpool, hot spa, etc. SPA POOL-PRIVATE is a pool, not under medical supervision, that incorporates water ets and/or an aeration system used for hydro massage in connection with a single family residence, and available only to family of the householder and his private guests SPA POOL-PUBLIC is a pool, not under medical supervision, that incorporates water jets and/or an aeration system used for hydro massage. SPACE CONDITIONING SYSTEM is a system that provides either collectively or individually heating, ventilating, or cooling within or associated with conditioned spaces in a building. SWIMMING POOL is any constructed or prefabricated pool used for swimming or bathing, twenty-four (24) inches or more in depth SWIMMING POOL~PRIVATE is all constructed pools which are used as a swimming pool in connection with a single family residence, and available only ro family of the householder and his private guests SWlMM2NG POOL-PUBLIC is any constructed pool other than a private swimm/ng pool SYSTEM is a combination of equipment, controls, accessories, interconnecting means, or terminal elements, by which energy ~s transformed to perform a specific function. such as space conditioning, or service water heating SECTION 221 - T THERx¥IAL MASS is solid or liquid material used to store heat for later heating use or for reducing cooling requirements. THERMAL RESISTANCE (K) is the resistance ora material or building componem to the passage of heat in (hr x ft2 x °F)/Btu. SECTION 222 - U UBC is the 1997 edition of the Uniform Building Code. UMC is the 1997 edition of the Uniform Mechanical Code UNCONDITIONED SPACE is enclosed space within a building that is not conditioned - 2.9 - 2003 APECC P152 space. U~VALUE is the overall coefficient of thermal transmittance of a construction assembly, in Btu/I hr x f~2 x °F), including air film resistance at both surfaces. SECTION 223 - V VAPOR RETARDER is a material that has a permeance of one penn or less and that provides resistance to the transmission of water vapor. SECTION 224 - W WATER STORAGE TANK ~s an unfi.red or indirectly heated water tank used for storage of hot water. WINDOW is glazing that is not a skylight. WINDOW AREA is the area of the surface of a window, plus the area of the frame, sash. and mullions. WINDOW WALL B. ATIO is the ratio of the window area to the gross exterior wall area WOOD HEATEK is an enclosed wood burning appliance used for space heating and/or domesuc water heating, and which meets the requirements of the City of Aspen or Pitkin County Environmental Health Depanmems. WOOD STOVE (See WOOD HEATER) SECTION 227 - Z ZONE, SPACE CONDITIONING is a space or eJoup of spaces witkin a building with sufficiently similar comfort conditioning requirements so that comfort conditions can be maintained throughout the zone by a single controlling device, - 2.10 - 2003 APECC P153 CHAPTER 3 ENERGY CONSERVATION STANDARDS SECTION 301 - ALL OCCUPANCI]ES - GENERAL PROVISIONS 301.1 Buildings covered. The provisions of Chapter 3 apply to all buildings (see Section 101.3) and to all snowmelt, swimming pool and spa heating system equipment. 301.2 Parts of Buildings Covered. The provisions of Chapter 3 apply to the building envelope, space conditioning systems, water heating systems, snowmelt systems, and private pool and spa heating systems of buildings covered by this code. EXCEPTIONS: 1. Packaged portable spas =< 64sq. f~. of surface water area listed by a nationally recognized testing laboratory with a minimum R12 cover. 2 Areas critical to pedestrian ingress, egress, or life safety may be snowmelted, with approval from the Chief Building Official, on a case by case basis. 301.3 Floors and Habitable Stories. I.Only habitable floors that have at least 50 percem of their volume above grade as defined in the UBC shall be counted in determining how many habitable stories a building has 2.All conditioned space in a floor shall comply with this code, whether or not the floor is above grade and whether or not it is habitable. 301.4 Mixed Occupancy. When a building is designed and constructed for more than one type of occupancy, the space for each occupancy shall meet the prowsions of this code applicable to that occupancy. EXCEPTION: If one occupancy constitutes at least 90 percent of the conditioned floor area of the building, the entire building may comply with the provisions of this code applicable to that occupancy. 301.5 Certification Requirements for Manufactured Devices. This code limits the installation of the £ollowing manufactured devices to those that have been certified by their manufacturer to meet or exceed minimum specifications or efficiencies adopted by the Chief Building Official 1. Central air-conditioning heat pumps and other central air conditioners 2. Combination equipment: space heating and cooling, or space heating and water heating. 3. Fenestration products - 3.1 - 2003 APECC P154 4. Gas space heaters. 5. Insulating materials. 6. Oil fired storage water heaters. 7. Other heating and cooling equipment. 8, Plumbing fixtures. 9. Pool heaters. 10. Refrigerators, refrigerator-freezers, and fi'eezers 11. Room air conditioners. 12. Slab floor perimeter insulation. 13. Snowmelt Boilers. 14. Solid fuel burning devices. 15. Water heaters. 16. Ground Source Heat Pumps 301.5.1 The certification status of any such manufactured device may be confirmed only by reference to: 1. A directory published or approved by the Chie£Buildin~o Official: or 2. A copy of the application for certification from the manufacturer and the letter of acceptance from the Building Division staff_ or 3. Written confirmation from the publisher of a division-approved directory that a device has been certified; or 4. A division-approved label on the device: or 5. The National Appliance Energy Conservation Act of 1987. 6. The National Fenestration Rating Council. NOTE: Section 301,5 does not require a builder, designer, owner, operator, or enforcing agency to rest any certified device to determine its comphance wkh minimum specifications or efficiencies adopted by the Chief Building Official. SECTION 302 - CALCULATION OF SOURCE ENERGY CONSIYMPTION. When calculating source energy consumpuon, consumption of electricky, natural gas, fuel oil, and LPG shall be converted to BTUs at the rares shown in Table 3-I. Table 3~1 Source Energy Conversion Rates Energy Source BTU per unit Consumption Electricity 10,239 BTU/kilowatt-hour Natural Gas 100,000 BTU/therm/100 at 14.73 psia Fuel Oil 138,400 BTUJgallon LPG 91,080 BTU/gallon - 3.2 - 2003 APECC P155 SECTION 303 - MANDATORY REQUIRE~LENTS FOR SERVICE SNOWMELT SYSTEM AND EQUI?MENT. 303.1 Any service snowmelt system or equipment shall meet the following: 1. Pilot light prohibited. 2. R-10 insulation or equivalent R-10 concrete barrier foil shall be installed under the area to be snowmelted 3. No idling of heating equipment allowed. 4. Electric resistance heating is prohibited 5. Controls installed for shutting off the snowmelt system (when temperature is above freezing or moisture is not present) by using an automatic temperature and surface moisture sensor. 6. Snowmelt areas to be shown on site-plan_ 7 Energy calculations shall include snowmelt energy use as per Section 311. EXCEPTIONS: i. Roof Heating Cable. 2. Areas critical to pedestrian ingress, egress, or life safety may be snowmelted, with approval from the Chief Building Official, on a case-by- case basis. SECTION 304 - MANDATORY REQUIREMENTS FOR SOLID FUEL BUR_NI~G DEVICES. 304.1 Certification. Any solid fuel burning device may be installed only if the manufacturer has certified that the device complies with all of the applicable requirements of th/s section and has been determined by the AsperdPitkin Environmental Health Department to have emissions less than or equal to 4. I gm/hr when tested according [o the most stringent test methods for certifying airtight wood stoves or pellet stoves SECTION 305 - RESIDENTIAL MANDATORY FEATURES AND DEVICES Any new residential building shall meet the requirements of this Section. 305.1 Ceilings. The opaque portions of ceilings separating conditioned spaces from unconditioned spaces or ambient air shall meet the requirements of either 1 or 2 below: 1.Ceilings shall be insulated between wood framing members with insulation resulting in an installed thermal resistance of R-30 or greater for the insulation alone. - 3.3 - 2003 APECC P~56 ALTERNATIVE: Insulation which is not penetrated by framing members may meet an R-value equivalent to installing R-30 insulation between wood tkaming members and accounting for the thermal effects of framing members. 2.The weighted average U-value of ceilings shall not exceed the U-value that would result from installing R-30 insulation between wood framing members m the entire ceiling and accounting for the effects of framing members. When loose fill insulation is installed, the minimum installed weight per square foot shall conform with the insulation manufacturer's installed design weight per square foot at the manufacturer's labeled R-value. 305.2 Walls. The opaque portions of frame walls separating conditioned spaces from unconditioned spaces or ambient air shall meet the requirements of either I or 2 below 1. Framed walls shall be insulated betwveen framing members with insulation having a thermal resistance of R-19. Framed foundation wails of heated basements or heated crawl spaces shall be insulated above the adjacent outside ground line with insulation having a thermal resistance of at least R-19 ALTER~NATIVE: Insulation which is not penetrated by framing members may meet an R-value equivalent to installing R-19 insulation between wood framing members and accounting for the thermal effects of framing members. 2. The weighted average U-value of walls shall not exceed the U-value that would result from installing R-19 insulation between wood framing members and accounting for the effects of framing members. 305.3 Floors. Concrete raised floors over unconditioned space shall be insulated to an installed thermal resistance of at least IK-19. All other raised floors separating conditioned space from unconditioned space shall meet the requirements of either 1 or 2 below: 1. Floors shall be insulated between wood framing members with insulation having an installed thermal resistance orR-19 or gzeater. 2. The weighted average U-value of other floor assemblies shall not exceed the U- value that would result from installing R-19 insulation between Wood framing members and accounting for the effects of framing members. ALTERNATIVE: Raised -floor insulation may be omitted if the foundation walls are insulated to an installed thermal resistance of IK-19, and a vapor barrier is placed over the entire floor of the crawl space, and a - 3.4 - 2003 APECC P157 mechanical ventilation system that meets the requirements of UBC Section 2317.7 is installed. 305.4 Installation of Fireplaces, Decorative Gas Appliances. and Gas Logs. 305.4.1 Wood burning fireplaces are prohibited in non-attainment areas of the City of Aspen and Pitkin County. 305.4.2 If a masonry or factory built wood burning fireplace is installed, it shall have the following: 1. CLOSEABLE metal or glass doors coveting the entire opening of the firebox; 2 A combustion air intake to draw air from the outside of the building directly into the fire box, which is at least 6-square inches in area; and 3. A flue dampe~- with a readily accessible control. EXCEPTION: When a gas log, log lighter, or decorative gas appliance is installed in a fireplace, the flue damper shall be blocked open as required by the manufacturer's installation instructions or Section 803 1997 UMC. 305.4.3 If a gas log or gas insert is installed in an existing masonry fireplace, it shall have the following: 1. CLOSEABLE metal or glass doors covering the entire opening of the firebox or approved mechanical damper. 2. Flue damper permanently block open per 1997 UMC Section 901.2 3. A combustion air intake to draw air from the outside of the building directly into the firebox, which is at least 6-square inches in area 305.5. Infiltration Barrier. If an infiltration barrier is installed to meet the requirements of Sections 306 and 307, ix must have an air porosity of less than 5 cubic feet per hour per square foot per inch of mercury pressure difference when tested in accordance with the requirements of )kSTM E-283-84_ If a vapor barrier functions as an infiltration barrier it shall be located on the conditioned side of the exterior framing. 305.6 Vapor Retarders. A vapor retarder with 1 Perm or less shall be installed on the conditioned space side of all insulation in ail exxerior walls and ceilings to protect insulation from condensation. Penetrations of vapor barriers ~hall be sealed at the edge of the penetration. Recessed lights that penetrate vapor barriers shall be "airtight". EXCEPTIONS: Vapor retarders shall not be installed: 1. On approved non-vented insulated roof-ceiling assemblies. See Section 215. 2. On below grade walls - 3.5 - 2003 APECC P158 305.7 Space Conditioning Equipment. 305.7.1 Building design heat loss rate and design heat gain rate, shall be determined using a method based on any one of the following: 1. The American Society of Heating, Refrigeration, and Air-conditioning Engineers (ASHRAE) Handbook and Product Directory, Equipment Volume (1998), Systems and Applications Volume (1987), and Fundamentals Volume (1989), or 2. The Sheet Metal Air Conditioning Contractors National Association CSMACNA) Load Calculation Manual. or 3. The Air Conditioning Contractors of America (ACCA) Manual J The design heat loss rare and design heat gain rate_ are two of the criteria that shall be used for equipment s~zing and selection. NOTE: Heating Systems must meet the minimum heating capacity required by currently adopted building code. 305.7.2 Design Conditions. For the purpose of sizing the space conditioning (HVAC) system, the indoor design temperatures shall be 68°F for heating and 78°1: for cooling. The outdoor heating design temperature shall be 15°F. The outdoor cooling design dry bulb temperature shall be 81°F. The outdoor cooling design wet bulb temperature shall be 59°F. 305.7.3 Source Energy Considerations. Electric resistance heating is not permitted in new construction_ since the efficiency is approximately 35% based on source energy Addkions of 2_000 square feet or less with existing resistance heating systems may continue to utilize electric heat in the addition, Additions over 2_000 square feet may not utilize electric resistance heat. The Building Official will consider special uses for approval. 305.8 Setback Thermostats. All heating and/or cooling systems other than solid fuel burning devices shall have an automatic thermostat with a clock mechanism or other setback mechanism approved by the Ch/el Building Official that' ~huts the system off during periods of non-use and that allows the building occupant to automatically set back the thermostat set points for at least 2 periods within 24 hours. EXCEPTION: ira-floor hydronic heating contained in thermal mass need not comply ~x4th this requirement. 305.9 Pipe and Tank Systems. 305.9.1 Hot water tanks shall be externally wrapped with insulation having an installed thermal resistance of R-12 or ~eater or have internal insulation of at least R- 16 and a label on the exterior of the tank showing the insulation R-value. - 3.6 - 2003 APECC P159 305.9.2 The piping for all space conditioning and service water heating systems, in unconditioned spaces: and, the first five feet of hot and cold ~vater pipes from the storage tanks of non-recirculating systems shall be insulated in accordance with Table 3-2. Table 3-2 Pipe Insulation Requirements Minimum R-Value System Pipe Diameter Less than or Greater than 2" equal to 2" Domestic Hot Water R-4 R-6 Hydrorfic Heating Supply Lines R-4 R-6 Cooling Systems (,pipes below 55°F) R-3 R-4 EXCEPTIONS: The following piping does not have to be thermally insulated 1. Factory-installed pipinfl within space conditioning equipment 2. Piping that conveys fluids that have a desi~ma operating temperature range between 55°F and 105°F. 3 Gas piping, cold domestic water piping, condensate drains, vents, or waste p~pmg. 4. Where the heat gain or heat loss to or from p~ping without insulation will nor increase building source energy use. NOTE: Where the Chief Building Official approves a water heater calculation method for a particular water heating recirculation system. piping insulation requirements shall be those specified in the approved calculation method. 305.10 Slab Edge Insulation. Concrete slab edges shall be insulated to an installed thermal resistance of at least R-10. Material used for slab edge insulation shall meet the following minimum specifications: 1. Water absorption rate no greater than 0.3 percent when tested in accordance with ASTM-C-271. 2. Water vapor permeance no greater than 2.0 perm/inch when tested in accordance with ASTM-E-96-90. 3. Concrete slab perimeter insulation must be protected from physical damage and ultra violet light deterioration. - 3.7 - 2003 APECC P160 SECTION 305.11 Ducts and Fans. 305.11.1 Air handling duct systems shall be installed and sealed with mastic to meet the requirement of UMC Sections 604. Portions conveying conditioned air shall either be insulated ~o a minimum installed level of R-4.2 (or any higher level required by UMC Section 604) or be enclosed entirely in conditioned space. Zone III shall be used for the purpose of this Section, unless another Zone is approved by the Chief Building Official. 305,11.2 All duct insulation product R-values shall be based on insulation only [excluding air films, vapor barriers, or other duct componemsl and tested C-values ar 75°F mean temperature at the installed t[fickness, in accordance with ASTM C518-85 or ASTMC17%85. 305.11.3 The installed thickness of duct insulation used to determine its R-value shall be determined as follows: I For duct board, duct liner and factory-made rigid ducts nor normally subjected to compression, the nominal insulation thickness shall be used. 2. For duct wrap. installed thickness shall be assumed to be 75 percent (25 percent compression) of nominal thickness 3 For factory-made flexible air ducts, the installed thickness shall be determined by dividing the difference between the actual outside diameter and nominal inside diameter by 2. 305.11.4 Insulated flexible duct products installed to meet this reqmremem must include labels, in max/mum intervals of 10 feet, showing the thermal performance R- value for the duct insulation itself .excluding air films, vapor barriers, or other cluct components), based on the tests in Section 305.11.2 and the hnstalled thickness determined by Section 305.11.3.3 305.11.5 All fan systems, regardless of volumetric capacky, that exhaust air from the building ro the outside shall be provided with backdraft or automatic dampers to prevent air leakage. 305.11.6 Ail gravity ventilating systems that serve conditioned space shall be provided with either automatic or readily accessible, manually operated dampers in all openings to the outside except combustion inlet and outlet air openings and elevator shall vents. EXCEPTION: The requirements do not apply to ducts and fans integral to combustion air ducts of so[id fuel burning devices or fireplaces. - 3.8 - 2003 APECC P161 SECTION 305.12 - Mandatory Requirements for Outside Private Pool and Spa Heating Systems and Equipment. 305.12.1 Certification by Manufacturers. Any pool or spa heating system or equipmem may be installed only if the manufacturer has certified that the system or equipment has all of the following: 1. A readily accessible omoff switch, mounted on the outside of the heater, that allows shutting off the heater without adjusting the thermostat setting; and 2. No electric resistance heating; and EXCEPTIONS: ]. Listed package units with fully insulated enclosures, and with tight- fitting covers that are insulated to at least R-12 up to a maximum size of 64 square feet. 3. No pilot light; and 4. H/gh efficiency Circulation pump motors; and 5. For summer pools, maximum capacity of heating system shall be no more than 405,000 BTU input 305.12.2 Installation. Any pool or spa heating system or equipment shall be installed with ali of the following: I. At least 36" of pipe betwveen the filter and the heater, to allow for the future addition of solar heating equipment; and 2. Directional inlets and time switches for pools. 2.1 The pool shall have directional inlets that adequately mix the pool water: and 2.2 The circulation pump shall have a time switch that allows the pump to be set to mn in the off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards. EXCEPTION: Where applicable public health standards require on-peak operation. 3. Outdoor pools or spas with a surface area > 800 ft2. shall not be heated EXCEPTION: Pools with heating systems deriving 50% of energy from non-depletable sources as per Section 311.4 or through REMP fees as per Section 311, with a maximum area up to 1600 f~2. - 3.9 - 2003 APECC P162 SECTION 305.13 - Natural and Liquid Propane Gas Central Furnaces, Cooking Equipment, Private Pool and Spa Heaters and Snowmelt: 305.13.1 Pilot Lights Prohibited. Any natural or liquid propane gas system or equipment shall not have a continuously burning pilot light: EXCEPTION: Listed decorative gas appliances SECTION 305.14 - Mandatory Requirements for Exterior Doors, Windows, and Fenestration Products, ,, 305.14.1 Any manufactured doors or windows or manufactured fenestration product may be installed only if the manufacturer has certified to the Chief Building Official, or if an independent certifying organization approved by the Chief Building Official has certified, that the product complies with all of the applicable requirements of this subsection. 305.14.1.1 Manufactured doors and windows shall have a~r infiltration rates not exceeding those shown in Table 3-3, when tested according to ASTM E283-91 az a pressure differential of 75 pascals or 1.57 pounds/aa. 305.14.1.2 Manufactured fenestration products shall: 1. Be certified as to their over~ U-values as rated in accordance with the National Fenestrauon Rating Council's NFiKC-100-91 (June 28,1991), or in accordance with "Table 5_ Overall Coefficients of Heat Transmission of' Various Fenestration Products", as ~t appears on pages 27.6 and 27.7 of' the ASHRAE 1993 Fundamentals Handbook, or in accordance with a default table method approved by the Chief Building Official; and 2. Have a temporary label, not to be removed before inspection by the enforcement agency, listing the certified U-values; and 3. Have a permanent label listing the U-value, certifying organization, and ranng procedures or a label to allow tracking back to the original certification information on file with the certifying organization - 3.10 - 2003 APECC P163 Table 3-3 MAXIMUM AIR INFILTRATION RATES TYPE RATE Windows cfm/fi2 of operable stash ~ack All 0.37 Residential Doors swinging, slid'rog 0.37 0~/~2 of door area All Other Doors sliding, swin~ng (single door) 0.37 CfTfl/f[2 of door area swinging (double door) 1.0 305.14.2 Ske constructed doors, skylights, and windows, including, but not limited to, field manufactured doors, skylights, and windows, shall be caulked between the door, skylights, or window and the building, and shall be weather-stripped. EXCEPTION: Unframed glass doors and fire doors. SECTION 305.15 - Mandatory Requirements for Joints and Other Openings. Joints and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather-stripped, or otherwise sealed to limit infiltration and exfikrarion. SECTION 305.16 - Mandatory Requirements for Ground Source Heat Pump Installations. All Ground Source Heat Pump installations ( closed water source loop designs or closed ground loop designs) must meet the following requiremems: 305.16.1 Coefficient of Performance of the system must be at least 3 as per American Research Institute standard performance method {ARI 330) or ISO 13256-1 (for hydronic systems use an output temperature of 115 degrees F) or equivalent procedure. Ground source heat pump installations must be designed and installed without an electric resistance heat system. Ground source systems used for exterior energy uses (Section 311) must be integrated into the building's energy system. Peak loads for interior space conditioning can be met with a propane or natural gas boiler/furnace [minimum efficiency 85%). 305.16.2 Ground loop mechanical system must be installed by a certified IGSHPA (International Ground Source Heat Pump Association) comracmr. Commissioning of equipment shall be conducted to flush the piping of 3.11 - 2003 APECC P164 contaminants and verify the system is absorbing (heating) or rejecting (cooling) energy at the conditions tested against manufacturer's performance tables. 305.16.3 Ground loop system must be desigxaed by a CGD (Certified GeoExchange Designer by Association of Energy Engineers) or licensed professional engineer with IGSHPA certification, Documentation for system design shall include: · installer and designer certifications, · heat load calculations, loop design performed with industry recognized packaged sotfware, · header design configuration to minimize pressure drop through loops, · and specified minimum and maximum entering water temperature with verification that specified equipment can operate with this range of entering water temperature, · loop configuration must be sited and sized properly on site plan. 305.16.4 Ground loops, either horizontally installed or vertically drilled must be permitted by the Division of Water Resources. Ground loops must be drilled by a licensed water well construction contractor or installed by a contractor certified by the State En~neer. Reference for Geothermal (Ground Source) Installation Rules -2CCR 402-10 in the records section of DWR. Piping for gound loops and grout shall meet approved standards and specifications of IGSI-[P. 305.16.5 Open loop ground source heat pumps are not permitted. SECTION 305.17- Compliance Methods. All residential buildings shall meet all of the following: I. The mandatory requirements. 2. Either the performance standards or the prescriptive standards; SECTION 306 - RESEDENTIAL PRESCRIPTIVE COM~PLIANCE 306.1 Buildings that are certified to receive an E-STARTM rating of at least 80 points are exempt from meeting the prescriptive requirements. EXCEPTION: Buildings that contain snowmelt, pool, or spa systems. 306.2 Buildings comply with the prescriptive or tradeoff standards if they meet the requirements of RES CH~CK, version 2.07. Chapter 2 of RES CHECK is omitted and replaced by the mandatory requirements of Section 305. 306.3 The prescriptive standards do not allow the inclusion of snowmek~ (Snowmelt requires compliance demonstration with the performance computerstendard.) - 3.12 - 2003 APECC P165 306.4 The prescriptive standards do not allow the inclusion of pool and spa energy use. (Pool and spas require compliance demonstration with the performance computer standard). 306.5 Heat transfers within the same building to adjacent spaces that are not covered by the permit and that are independently provided with space conditioning may be considered to be zero. Heat transfers to spaces not ye[ provided with space conditioning may be modeled as separate unconditioned zones, or as outside conditions. SECTION 307 - RESIDENTIAL PERFORMANCE COMPLIANCE 307.1 Performance Standards. A btfilding complies with the performance standard if its combined calculated depletable energy use for wa~er heating (Secffon 307.1.1), space conditioning (Section 307.1.2), snowmelt (Section 307.1.3), and pool and spa heating (Section 307.1.4), is less than or equal to the combined maximum allowable energy use for both water heating, and space conditioning, even if the building fails to meet either the water heating, or space conditioning, budget alone. EXCEPTION: Buildings'thai are certified to meet the requirements of the E- STARTM Program with a raring of at least 86 points and do not have snowmelt, swimrmng pool or spa heating system equipment comply with the performance standard and are elig/ble for t00% rebate of the energy permit fees 307.1.1 Water Heating Budgets. The budgets for water heating systems are those calculated fi'om Equation 3-1. Equation 3-1 ANNUAL WATER Iq~ATIJqG BUDGET (AWB): For dwelling units less than 2500 ft2' AWB (kBtu/yr.-f~2) = (14000) -- 4.85 CFA For dwelling umts equal to or greater than 2500 ft2' AWB (kBtu/yr.-ft2) = (26125) CFA Where CFA = the building's conditioned floor area in square feet. The annual water heating budget calculated from Equation 3~1 may be met by either: l. Calculating the energy consumption of the proposed water heating system using an approved calculation method or - 3.13 - 2003 APECC P166 2. Installing any gas storage type non-re-ckculafing water heating system that does not exceed 50 gallons of capacity, meets the minimum standards specified in the Appliance Efficiency Standards, and ekher has an R-12 external insulation wrap or has been determined by the Chief Building Official ro meet the annual water heating budget calculated from Equation 3-1 without an external insulation wrap 307.1.2 Space Conditioning Budget. Space condkioning budgets shall be the calculated consumption of energy from depletable sources required for space conditioning in buildings in which the requkements for the prescriptive compliance (Section 306) are installed. To determine the space-conditioning budget, use an approved calculation method. 307.1.3 Snowmelt Energy Use (not a budget). Snowmek enerbry use shall be the consumption of snowmek system and equipment ener~ from depletable sources used for melting snow. Sno~vmelt energy use for dwelling units is 34,425BTU/yr/sq R. ar 100% equipment efficiency. Snowmelt energy use shall be adjusted for efficiency of the boiler and shall be added to the subtotal source energy consumption calculated as per the requirements of Section 307.2.2.2. In the case of Ground Source Heat Pump the efficiency of the system is 100 % as source energy. EXCEPTIONS: 1. Roof heating cable. 2. Areas critical to pedestrian ingress, egress, or life safety may be snowmeked, with approval from the Chief Building Official, on a case-by-case basis, 307.1.4 Pool and Spa Energy Use (not a budget). Pool and spa energy use shall be the consumption of energy from depletable sources used for heating pools and spas. Pool and spa energy use for dwelling units is calculated as follows. Pools intended for year round use shall calculate thek energy consumption at 332KBTU/yr/sq.f~ at 100% equipment efficiency, Pools intended for summer use only shall calculate their energy consumption a~ 29KBTU/yr/sq,ft at 100% equipment efficiency Spas shall calculate their energy consumption ar 430KBTU/yr/sq.ft at 100% equipment efficiency, Pool and spa energy use shall he adjusted for efficiency of boiler and shalI be added to the subtotal source energy consumption calculated as per the requkemenrs of Section 307.2.2.2. In the case of Ground Source Heat Pumps the efficiency of the system is 100% as source energy. 307.2 Compliance Demonstration Requirements for Performance Standards. The application for a building permit shall include documemarion that demonstrates_ using an approved calculation method, the compliance version of the City of Aspen/Pkkin County Energy Conservation Code's Public Domain Computer Program 3.14 - 2003 APECC P167 or calculation method approved by the Chief Building Official. Ail new buildings shall be designed so that its total source energy consumption from depletable energy sources does not exceed the combined water heating and space conditioning budgets Supplemental energy for outdoor uses ts avallable from Renewable Energy Mitigation Program as per RE/vIP Section 311 and/or from on-site renewable energy systems integrated with the building energy systems as per Section 311.4. The use of supplemental energy is limited to annual consumption of 240,000,000 BTU per parcel. The parcel is considered thal developmem associated with a specific parcel identification number. EXCEPTIONS: I. Roof heating cable. 2. Areas critical to pedestrian ingress, egress, or life safety may be snowmelted. with approval from the Chief Building Official, on a case-by-case basis. 307.2.1 To demonstrate compliance, the applicant's documentation shall determine the combined energy budget for the proposed building by adding the following: 1. The annual water heating budget calculated from Equation 3-1 (kBtu 'yr.-fr~); and 2. The annual space-conditioning budget (kBtu/yr.-ft2) as determined pursuant to Section 307.1.2. 307.2.2 Calculate the source energy consumption subtotal of the proposed building, using the proposed building's actual glazing area, orientation, and distribution, and its actual energy conservation and other features, including the actual water heating, space conditioning equipment and duct conditions and locations. To determine the subtotal source energy consumption, use an approved calculation method. Ada snowmelt energy use and pool and spa energy use to obtain total source energy consumption as per Sections 307.1.3 and 307 1.4. Include in the calculation the energy required for building cooling even if the building plans do not indicate that air c0ndition[hg Will be installed. 307.2.3 The proposed building design complies if the total source energy consumption pursuant to Section 307.2.2 is equal to or less than the combined energy budget established in Section 307.2.1 307.3 Required Calculation Assumptions. The Chief Building Official shall publish the assumptions and calculation methods k used ro develop the standards for residential buildings, including those specified in Section 307. In determining the water heating and space conditioning budgets and calculating the energy use of the proposed building design, snowmek energy use, and private pool ~ 3.15 ~ 2003 APECC P168 and private spa energy use, the applicant shall use only these assumptions and calculation methods approved by the Chief Building Official. 307.3.1 Such assumptions shall include_ but not be limited to, the following: I The operating conditions regarding indoor temperature; occupancy loads and schedules: equipmem loads and operation schedules, including righting, I-IVAC. and miscellaneous electrical; and outdoor weather conditions: 2 The physical characteristics of building pressurization, interior heat transfer_ film coefficients, shading coefficient and operation of installed shading devices, ground temperamres, and the method of determining slab heat loss; 3 The applicable modeling procedures for the assumptions, design conditions. and physical characteristics described in Section 307.2. EXCEPTION: The Chief Building Official may approve alternative schedules, assumptions, and performance modeling procedures that may be used in lieu of those described in Section 307.3.1, provided such alternatives do not alter the efficiency level required by these standards. 307.3.2 The total calculated annual energy consumption shall include all energy used for comfort heating, comfort cooling, ventilation for the health and comfort of occupants, servme water heating, snowmelt, and private pool and private spa heating. EXCEPTIONS: 1 Koof heating cable 2. Areas critical to pedestrian regress, e~ess, or life safety may be snowmelted. with approval from the Chief Building Official. on a case-by-case basis 307.3.3 Heat transfers within the same building to adjacent spaces that are not covered by the permit and thai are independently p/ovided with space conditioning may be considered ro be zero. Heat transfers to spaces not yet provided with space conditioning may be modeled as separate unconditioned zones, or as outside conditions, 307.3.4 The total calculated annual energy consumption need not include energy from any non~depletable sources_ regardless of the purpose of the energy consumed. 307.3,5 The U-value of installed manufactured fenestration products shall meet tlie requirements of Section 305.14. The U-value of site-built fdnestrat, ipn, products shall be those published by the Chef Building Official, based on an approved method that determines the area weighted average U~value for generic types of products. 307.3.6 Shading coefficients for interior devices used with fenestration products shall - 3,16 - 2003 APECC P169 be taken from Tables 25, 26, and 27 of Chapter 27 of the ASHRAE Handbook of Fundamentals (1989), except that the minimum shading coefficient that shall be assumed for any interior shading device is 0.66. SECTION 308 - RESIDENTIAL ADDITIONS 308.1 Additions - Scope. Additions to existing residential buildings shall meet the requirements of Sections 303, 304, and 305; and, the requirements of this section (308.2 or 308.3 below). 308.2 Prescriptive Approach. Additions to existing buildings shall meet the requirements of 1, 2, or 3 below, or Section 306. 1. Additions up to 50 square feet shall not exceed 40 square feet of fenestration plus the fenestration area that was removed by the addition, and the U-value shall not exceed 0.40. 2. Additions greater than 50 square feet but less than 150 square feet shall meet ail the requirements of Section 306, except that the addition's total fenestration area limit is the maximum of the chosen package plus the fenestration area that was removed by the addition. 3. Additions greater than 150 square feel shalI meet all the requiremems of Section 306 308.3 Performance Approach. Performance calculations shall meet the requirements of either 1 or 2, below: 1. The addition complies if the addition alone meets the combined water heating and space conditioning energy budgets (see Section 307.2) 2. The addition complies if the energy efficiency of the existing building is improved such that the total source ener~o~y consumption of the improved existing building and the addition ~s equal to or less than that of the unimproved existing building. 3.. In cases of supplemental energy for exterior use, full compliance as per Section 305, 306 and 311 is required. Pre-existing exterior energy uses can receive credit for supplemental energy (see section 311.5); additions to pre- existing exterior uses shall be subject to Section 3 t I. SECTION 309 - RESIDENTIAL ALTER~a~TIONS 309.1 Alterations -- Scope. Alterations to existing residential buildings shall meet any requirements of Sections 303, 304, and 305 that apply to the system or envelope component being changed and the requirements of this section. The U- value of any fenestration product replaced as pan of an alteration shall not exceed 0.40 as defined by the National Fenestration Rating Council (i.e. whole product performance). An increase in the area of fenestration, more than 40. sq.ft., or the installation of recessed cans in a warm/cold ceiling is not an alteration and shall - 3.17 - 2003 APECC P170 meet the reqmremenrs of Section 306 or 307. In cases of supplemental energy for exterior use, full compliance as per Section 311 is required. Pre-existing exterior energy uses can receive credit for supplemental energy (see section 311.5); addkions to pre-existing exterior uses shall be subject to Section 31 I NOTE: Fenestration products repaked or replaced, not as parr of an alteration_ need not comply with the U-value requirements applicable to alterations. SECTION 310 - NONRESIDENTIAL BUILDINGS Shall comply with the "Energy Guidelines for Commercial and High-Rise imore than a stories) Residential Buildings" (AHSRAE 90.1) in Colorado or the most current version of ComcheckEZ and Section 303. 304 & 305 of this code. EXCEPTION: Buildings that are certified to meet the requirements of the Leadersbap in Envimmax~ntal and Energy Des~gn (LEED) program certification comply with the performance standard and are eligible for 100% rebate oS'the energy code permit fees. SECTION 311 - RESIDENTIAL SNOWMELT, OUTSIDE POOL, OUTSIDE SPA SYSTEMS AND EQUIPMENT COMPLIANCE 311.1 Scope. Residential snowmelt, outside pool, or outside spa systems and equipmem may be installed only if the supplemental energy (above the energy budget as per the performance method) meets the requirements of KEMP option (Section 311.2) or On-site renewable energy (Section 311.4). This section applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. Residential snowmelt or spa systems and equipment shall meet the requirements of Section 303 and 305.12. 311.2 Renewable Energy Mitigation Program (REMP) Option - Exterior energy use for residential snowmek systems, outdoor spas, and outdoor pools may be supplemented as per the following: 311.2.1. The REMP fee shall be paid at the time of issuance of the building permit. Fees are based on the amount of supplemental energ7 requked above the allowable energy budget (as per the performance method). All fees collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. 311.2.2 This KEMP option is voluntary. Applicants interested in supplemental energy above the allowable budget can akernativety choose to produce renewable energy on- site (Section 311.4) with solar hot water, solar photovokaics, or micro-hydro. Also the energy efficient technology of ~ ground source heat pumps is permitted for supplemental energy. Electric resistance heating is not permitted for exterior energy applications. - 3.18 - 2003 APECC P171 311.2.3 Snowmelt energy consumption shall be calculated as in Section 307.1. 311.2.4 Outdoor pool and spas shall have their energy consumption calculated as in Section 307. [.4 311.2.5 The RE1VIP option is available through the permit process for each parcel. The REM~P option for supplemental energy is capped at 240,000,000 British Thermal Units or a total fee of $100,000 whichever is greater. 311.2.6 REM/) fees for snowmelt, spas, or pools shall be calculated according to the following equation: [(Supplemental Energy in BTUs per year) divided by 34 I2BTU/kWh]*20 years*SO. 07/kWh 311.2.7 Residences using KEMP for supplemental energy must use the performance method see Sec 307. Minimum standards for the performance calculations for nexv construction are listed in Section 305 under the mandatory requirements with the following exceptions: Wall Insulation R- 19 Roof Insulation R-38 Floor Insulation R-19 Boiler Efficiency 85% Fenestration U= 0.40 311.2.8 The following examples are illustrated for residences using the REMP option for snowmelt, spas, and/or pools. These residences that did not have BTU's available from the performance method calculations and are using an 87% efficient boiler Snowmelt Example (Snowmelt requested 500 sq. ft.) (34.425(BTU per sq. ft. per year) / .87 (efficiency rating of boiler))*500 (snowmelt area,= 19.784.482 (BTU/yr) / 3412 (BTU per kWh)-- 5798.5 (kWh/yr)* 20 (years)* .07/kWh =$8.117.90 REMP fee will be $8,117.90 Pool Example (Pool summer use only 600 sq. ft.) (29000(BTU per sq. ft. per year) / .87 (efficiency rating of boiler))*600 (pool area)= 20,000,000 (BTU/yr) / 3412 ( BTU per kWh)-- 5861.66 (kWh)* 20 (years)* .07/kWh --$8,206.00 REMP fee will be $8,206.00 ......................................... Pool Exampl?~' - 3.19 - 2003 APECC P172 ~ (Pool year around Outdoor use 600 sq. ft.) (3320000BTU per sq. ft. per year) / .87 (efficiency rati~g ofboiler))*600 (pool area)-- 228,965,520 (BTU/yr) / 3412 (BTU per kWl~)= 67,105.95 0cWldyr)* 20 (years)* .07/kWh =$93,945,00 REMP fee will be $93,948.00 sp'a'~E~:fiiiple (Spa lO0 sq. ft. year around use) (430000(BTU per sq. ft. per year) / .87 (efficiency rating ofboiler))*100 (spa azea)= 49,425,287 (BTU/yz) / 3412 ( BTU per kWh)= 14,485.72 (kWh/yr)* 20 (years)* .07/kWh =$20,280.00 REI~IP fee will be $20,280.00 311.3 Renewable Energ~y Mitigation Program (REMP) for houses over 5,000 sq. ft. A ne~v h0~el remodel~ addition~ Or a project with a remodel plus an addition with more than-5000 sq. t5. (as defined by building code sq.15.) is required to offset a Small portion of their fossil fuel energy consumption through the use of on-site renewable energy system or through a flat fee payment to REMP. Renewable energy system installed for this requirement does not qualify for credit for supplemental energy. 311.3.1 This requirement applies to all installations for which an application for a permit or rene~val of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 311.3.2 The on-site renewable energy requirement can be met by the inStallation of a 2-kilowatt solar phot0voltaic or equivalent renewable energy system. This requirement can be alternatively handled off-site by payment of a REMP fee as follows: over 5,000 sq. 15. $5,000.00 over 10,000 sq. 15. $10,000.00 311.4 On-site renewable energy systems for outdoor uses of energy. Total supplemental energy is capped at an annual energy use of 240,000,000 BTU per parcel. Electric resistance heating is not permitted for supplemental energy. Supplemental energy for exterior uses of energy mnst be calculated as per methods in Section 307. 1.3 & 307.1.4. 311.4.1 Solar Hot Water Systems as on-site renewable energy. Supplemental energy use is capped at 240,000,000 BTU (including solar portion). The solar hot water system installed for supplemental energy use nrust also be integrated into the building's energy' system. If at least 50% o£the supplemental energy is from solar hot water then the balance of the energy can be from a ba~k-nP natural gas or propane boiler. Size of solar hot water systems are limited to 500 square feet of collector area, additional supplemental energy can be purchased through a P-EM1> fee. - 3.20 - 2003 APECC P173 Calculation of solar portion of supplemental energy, shall depend on seasonal application for exterior energy use as follows: Winter only uses: 135,300 BTU/square foot solar collector Summer only uses: 205,000 BTU/square foot solar collector Year round application of solar: 340,000 BTU/square foot solar collector. These solar collector credits shall not be adjusted for efficiency of the system. Solar Portion - Winter Use (Supplemental energy for snowmelt = 120,000,000 BTU/yr) 120,000,000 BTU/yr. divided by 2= 60,000,000 BTU/yr.= solar portion 60,000,000 divided by 135,000 BTU/sf solar collector -- at least 444 sfof solar collector Solar Portion - Year Round Use (Supplemental energy for summer pool and snowmelt = 240,000,000 BTU/yr) 240,000,000 BTU/yr divided by 2 =120,000,000 BTU/yr. = solar portion 120,000,000 BTU/yr. divided by 340,000 BTU/sq lc=- at least 352 f~ of solar collector for year round use. Solar Example Supplemental energy for snowmelt only = 240,000,000 BTU/yr) Partial Solar Hot Water & Partial REMP Maximum solar snowmeit-500 sq.ft, of collector 240,000,000 BTU/yr. divided by 2= 120,000,000 BTU/yr solar portion 120,000,000 d/vided by 135,000 BTU/sf solar collector = 888 sfofsolar collector - for winter only use Only 500 sq.fi, collector permitted on-site = 67,500,000 BTU= max/mum energy for solar snowmelt Balance of renewable energy with REMP fee for solar not on site= 888-500= 388 sf 388 sf X 135,000 BTU/sf X 2= 104,760,000 BTU/yr = REMP pomon - 3.21 - 2003 APECC P174 fee= (104,760,000 BTU/yr divided by 34!2 BTU/kWh) X$.07)~:~ REMP fee will be $42,984 Docm~entation for approval for supplemental energy includes: Solar hot water collectors located on plans, schematics of the plumbing and control layout and equipment specifications. Solar hot water system plans have to be prepared aud submitted by a COSEIA (Colorado Solar Energy Industries Association) certified installer. Fiat plate solar collector panels must be certified by SRCC or OG100 standards. 311.4.2 Solar Electric System as on-site renewable energy Solar electric (photovoltaic) systems tied to the electric grid, are eligible for credit for supplemental energy use. Annual maximtun supplemental energy use is 240,000,000 BTU per parcel incluc[ing 50% credit for solar. Solar electric can supply part of the supplemental energy on site and part through payment of a REMP fee. AmauaI solar credit for solar electric is 15,375,000 BTU per kilowatt (KW) installed as source energy. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer/installer must be certified by COSEIA (Colorado Solar Energy h~dustries Association). Solar Electric Example (Supplemental energy for snowmelt = 240,000,000 BTU/yr) 240,000,000 BTU/yr divided by 2= 120,000,000 BTU per year solar portion 120,000,000 divided by 15,375,000 BTU per KW = 7.8 KW installed Documentation for approval of supplemental energ~y includes: System Si~ed on the piansl UL listing of system components, provide orientation for documentation of 90% rated capacity of panels and installers' COSEIA certification. 311.4. 3 Ground source heat pumps (GSHP) as energy efficient Option. Supplemental use is permitted up to a ma~mum of 240,000,000 BTU. In order to use a GSI-[P for supplemental energy the GSI-B? system must supply at least 20% of the peak load for heating the house and all the supplemental energy uses. (See Section 305.16 for details on system requirements). In addition the electricity for powering the ground soarce heat pump for 50% of the supplemental energy uses must be from renewable energy sources. Renewable energy can be purchased for 20 years through a payment ora REMP fee as follows: (((Total BTU per year of supplemental energy /3412 BTU per kwh )/ 3) *20years * $.07/kWh) times 50%= REMP fee This calculation uses a fixed value for Coefficient of Performm~ce (COP) of 3; COP in this equation does not vary. - 3.22 - 2003 APECC P175 GSHP Ex, e (120,000,000 BTUper year=~ sq.ft, of snowmelt) (((120,000,000 BTU per year / 3412 (BTU per kWlx))/3 '~X 20 years X,O7/kwh)X 50%= REMP fee will be $8,206 311.5 Pre-existing systems Pre-e,'dsting snowmelt, pools or spas wh/¢h are being overhauled or renovated qualify for a supplemental energy credit This credit can only be applied towards m~ installation of exterior energy on the same parcel. The calculation of the credit shall be based on supplemental energy. SECTION 312 - RESIDENTIAL AND NONRESIDENTIAL REPAIllS 312.1 Scope. Repairs to building components, systems, or equipment which do nor increase their pre-existing energy consumption need not comply with the APECC. If a building component, system, or piece of equipment is replaced, however, ir must be treated as an alteration. - 3.23 ~ 2003 APECC P176 P177 MEMORANDUM VI TO: Mayor Klandemd and City Council THRU: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Plann~('~ RE: RESIDENCES AT LITTLE NELL~ PUBLIC HEARINGs CONCEPTUAL PUD, TIMESHARE AND SPECIAL PLANNED AREA AMENDMENT ORDINANCE NO. , SERIES 2003 DATE: February 10, 2003 The hearing of this application is proposed to be continued to the February 24, 2003 City Council meeting. P178 P179 MEMORANDUM TO: MAYOR & CITY COUNCIL THRU: STEVE BARWlCK, CITY MANAGER JEFF WOODS, PARKS & RECREATION MANAGER FROM: TIM ANDERSON, RECREATION DIRECTOR GEORGE PUCAK, ICE MANAGER KATIClLEEN VON ACItEN DATE: FEBRUARY 4, 2003 RE: ADJUSTED ICE OPERATIONS BUDGET Summary: At the time Council was presented the 2003 budget for Ice Operations, the ARC Ice Rink was on hold and staff budgeted for only 4 months of operations at that location. At the same time staffbucigeted to operate the Ice Gfird~n a full 12 months of the year. Now that the sheet of ice at the ARC is back on track staffhas reworked the budget for both facilities. The increase in ice operations is $294,383, to be offset by $287,155 in revenues. This would increase the net subsidy for ice operations between the ARC and the Ice Garden by $7,228. Please refer to the attached budget sheet under Scenario #3 for ARC and Ice Garden options. Staffis seeking increased expenditures for the ARC Ice Operations in the amount of $394,536. Staff is also seeking an increase in revenue projections in the amount of $402,655. This would be a net decrease in subsidy of $8,119. Staff is also seeking an adjustment to the Ice Garden Operations. Expenditures would decrease by $100,153 and revenues would decrease by $1 I5,500 for a net increase in subsidy of $15,347. Staffis seeking approval from Council for the increase in expenditures and revenues as mentioned above and outlined in the attachments. Furthermore, staff is at this time recommending that ice operate at each location thoug_~out 2003 as outlined below in the "Current Issues" portion of this memo. P180 Budget Implications: Please refer to attachment "A" for the updated Ice Garden & ARC budget Scenario's. Staff is recommending Scenario #3 under the Ice Garden. ARC 2003 approved 2003 proposed Expenditures: $1,525.728 $1,920,264 Revenues: $1,140,257 $1,542.912 ~$385,47I) ($377,352) Net Increase/Decrease of Proposed: *$8,119 ice Garden 2003 approved 2003 proposed Expenditures: $498,581 $398,428 Revenues: $379,500 $264,D00 ($119,081) ($134.428) Net Increase/Decrease of Pro£osed: *($15,347) Overall Net Increase to General Fund Ice Operations Subsidy: * $7,228. The addition of 6 months of ARC operations, and a reduction in operations at the Ice Garden requires a net increase in the subsidy of ice operations in the amount of $7,228. Staff identifies the increase in subsidy as time spent training individuals to operate the ARC prior to opening. This scenario is much better than the one in which a dry floor would operate at the Ice Garden for the summer and thus increase the subsidy for ice by more than $20,000. Also, staff took a very close look at the number of ice employees needed to operate two sheets of ice during the summer months with reduced hours. Staff realized the split of ice time between the ARC and the Ice Garden would result in reduced hours of operations and has adjusted budgets accordingly. As you can see there would be a limited staff at the ice garden in the summer, and management would reduce the ARC ice staffing by one position during the summer months. Employees realizing a reduction in hours during the summer months would be given the choice of relocating elsewhere in the departmem during the summer when employees are needed in other areas, or they could simply seek other opportunities and become seasonal employees with the City, This allows for a reduction in the increase of funding for both facilities. P181 Current Issues: The ice user groups and SPARC would like ro see two sheets of ice operate this summer. Staff a~ees for the following reasons: · We are in a better position to market ice at this late date than dry floor events · SPARC would like to see both sheets of ice operate for the benefit of ice user groups. We have the opportunity to increase summer hockey camps and will need the additional ice to provide for the local users. · A couple N-I-IL teams interested in trying to coordinate }ometh~ng with us have been in contact. This would be beneficial to the community, but again we would need alternate ice time for the local users. · Allows for Corporate rentals without displacing the local user of ice. Staff Recommendation: Staff is recommending the approval of $394,536 in increased expenditures for the ARC ice operations in 2003 and $402,655 in increased revenues to the same ~ce operations for 2003. The Ice Garden expenditures would be reduced by $100,153 with revenues decreasing by $115.500. The overall hit to the general fund would be an increased subsidy of $7,228 for ice operations in 2003. This is as opposed to operating the Ice Garden as a dry floor venue, which would increase the general fund subsidy by more than $20,000 in 2003. Alternatives: Staff could operate the Ice Garden as a dry floor venue for the summer. With the cost of taking the ice out of the facility and then replacing it in the fall, along with a low revenue base for this type of opera[mn, staff feels that ~e operational subsidy would be approximately $20,000 to $25,000 more than ~dent~fied m th~s memo. Staff could shut down the Ice Garden, thus reducing the subsidy for ice operations substantially. Managers Comments: d~7,~-,-,y c~. ~ ;c~ ¢' ~- -~--~-~ ,~, P182