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agenda.council.regular.19990412
CITY COUNCIL AGENDA April 12, 1999 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances a) Proclamation - Month of the Young Child b) Proclamation - Telecommunications Month IV. Citizens Comments & Petitions (Time for an Council on NOT on the agenda. Please limit your comments to V. Special Orders of the Day a) Mayor and b) City Manager's Comments VI, Consent Calendar (These matters may be adopted a) Request for Funds - Wildwood School/Housing Day Care Funds b) Request for Funds - Valley Resource Management c) Resolution #26, 1999 - Contract Mall Brick Replacement d) Resolutions #27, 28, 29, 1999 - Fleet Equipment Purchase e) Ordinance #12, 1999 - Barbee Annexation f) Resolution #30, 1999 - Moore Annexation g) Resolution #31, 1999 - Support Preferred Build Corridor Investment Study h) Request for Funds - Clean Up Day i) Request for Funds - Girls to Women Day .j)- Golf Ccuroo Roquc~t t~ Tfansf=, rul ~ds from 601[ Pul ,d Exac-,s~ k) Ordinance #13, 1999 - Wildlife Protection I) Ice Rink Replacement of Radiant heating System m) Request AMP Additional Funding - Meter Replacement n) Minutes- March 8, 22, 1999 VII. Public Hearings a) Ordinance #6, 1999 - 930 King Street, Lot Split b) Ordinance #8, 1999 - Water Service Amendment/Auger c) Ordinance #9, 1999 - 303 N. First Lot Split d) Ordinance #11, 1999.- Barbee Rezoning, Affordable Housing VIII. 'o ;~l~,ffordable Housing Sales Prices/Approval of Construction b) DEPP Approval Final Design c) Resolution #32, 1999 - Congestion d) Ordinance #14, 1999 - Increasing Council Compensation b) 'E~i~l'~'Preservation Program / '~,~ X. Adjournment ~d~..~ Next Regular Meeting April 26, 1999 COUNCIL MEETS AT NOON FOR AN INFORMAL PdBLIC DISCUSSION, BASEMENT MEETING ROOM PROCLAMATION City of Aspen, colorado Ir~orporated 1880 WHEREAS, the Roaring Fork Association for the Education of Young Children, Kids First, Aspen child care providers and other ~cal organizations are ce~brating the Month of the Young Child in April~ and WHEREAS, by cal~ng attention to the need for high-qual~'ty early childhood services for all families within our community, these groups hope to improve the quality and availabil~ty of our chiIdren's care and education; and WHEREAS, t62 future of our community depends on the early childhood e~cperiences of our young children today and the quality of their care; and WHEREAS lity of ch~ pri ri~ de d by , the qua ildren's services ma termine the individual teachers and caregivers who pe~corm th~s invaluab~ wor~' and children's sound growth and developm2nt, NOW, PHERE FORE BE IT RESOL q/ED, that the Mayor, City Counciland citizens proclaiming ApriI ~999 as the Month of the young Child,, and we extend our heartfelt and we urge all citizens to recognize and support the needs of young children in our community. Attest:Kathryn~S. och, 1 )d~-~ By order of The City Council Th~ !2th ~'ay of April, 1999 John S. Bennctt,'Mayor PROCLAMATION City of Aspen, Colorado Incorporated 1880 WHEREAS, thousands of dea~'cated telecommunicators dai6y serve the citizens of the United States and Canada by answering plione call~ for police, fire and emergency medical services by dispatching the appropriate assistance as quickly as possible; and WHEREAS, the cri~al functions pe~formed by the staffof the Aspen-Pitkin County Communications Center relate to officer safety, h~hway safety, County Jail security, Criminal Justice computerized record maintenance, and other operations performed by federal, state and local government agencies; and WHEREAS, the AssociatedPublic-Safety Communications Officers, Inc., an organization of mere than 8,500people engaged in the des~n, installation and operation of emergency response communications systems, has set aside the second week in April to recognize telecommunicators and their crucial role in the protection of z~fe and property; and WHEREAS, we acknowledge the dedication and commitment of the Aspen-Pitkin Communications Center Staff, its rapid response to all inquiries and its abil~ty to both avert and minimize emergency situations, NOW, ~HEREJrORE BE IT RESOL ~D, that tb2 Mayor, City Council and Citizens of Aspen hereby proclaim the week of April11-17, 1999 to be: NATIONAL P~ZLECOMMUNICATORS B}ZEK in the city of Aspen, colorado in honor and recognition of our county's telecommunicators and the vital contributions they make to the safety andwell-being of our dtizens. t~a~~A~C&r~k By order of The city Council Attes ' ~ This 12th day ode April, 1999 John Mayor MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Tim Anderson, Director Recreation FROM: Virginia Newton, Director Kids First DATE: 3/16/99 RE: Mid-Year Program Funding for Wildwood School SUM~IARY: Wildwood School, a non-profit preschool, is experiencing significant and unusual operating losses due to capital investment needs and low enrollment. Although Wildwood has done a tremendous amount of fundraising and cost cutting over the past year, their operating budget is in need of a one-time funding supplement of up to $23,000. Although Wildwood has raised in excess of $20,000 in the 98/99 school year, all proceeds are earmarked for their new roof and fence to be completed summer 1999. This fundraising is required to go to the roof project in order to receive a $10,000 roof repair grant from The Aspen Foundation. The Kids First Advisory Board is recommending that City Council grant Wildwood up to $23,000 to cover operating losses through the end of the 98/99 preschool year. Wildwood does not expect to require additional normal operating subsidies after the 98/99 school year, as the capital program will be completed and fundraising can go to supplement operations. PREVIOUS COUNCIL ACTION: City Council granted Wildwood $50,000 in 1998 for a new roof and fencing. Work on this capita/improvement will be completed summer 1999. Wildwood :,vas required, as a condition of this grant, to raise the additional $35,000 needed to complete the roof and fence project. Therefore, the majority of the .fundraising that Wildwood has done is earmarked for the roof project, and thus cannot fund operational losses. ' DISCUSSION: Pr..oyam: Wildwood is an environmental arts preschool located three miles east of Aspen among beaver ponds and dense willow and evergreen trees 'near the Roaring Fork River and the approach to Independence Pass. The Site of the school is on sixteen acres of White River National Forest land. The Wildwood building, completed in 1972, is unique and has received a Colorado Association of Architects, award. The school was named for the magical place where the Rat and Mole went to visit in the English children's story Wind in the Willow. Wildwood is one of twelve licensed child care centers in Pitkin County serving local families. Wildwood serves children ages two and a ha!f to five. When full, Wildwood has space for30 children. Issues Affectin~ Wildwood's Finances: Low enrollment has been the case at Wildwood for the past two years, due to the general lower number of preschool-age children attending preschools in Pitkin County. · In 97/98 Wildwood averaged eighteen students per day. Wildwood was able to cover the operating losses of $40,000 by fundraising and the use of principal from a Wildwood scholarship fund. · In 98/99, the school is averaging sixteen students per day. The net operating loss is currently at $12,000, and expected to be $23,000 by August, 1999. Due to the new roof expenses and the desire to retain the remaining principal of the Wildwood scholarship fund, 98/99 fundraising cannot go to cover operating losses. · Another unique aspect affecting Wildwood's finances is that their lease with the USFS dictates that they provide bus service to the school in order to minimize the traffic load on Wildwood Lane. This is an added expense that other preschools in Aspen don't have. Cost Cuts at Wildwood: The following list illustrates the effort Wildwood has made to keep expenses down. All cuts were ones Wildwood felt were achievable without jeopardizing the quality of the teaching at the school and without affecting the morale of the staff: · Cut the hot lunch program. Wildwood now offers hot soup and milk daily. · CUt school cleaning from five days a week to two days a week. The Director and staff cover the other days including trash removal from the school. · Staff bonuses cut back but with an eye not to undermine staff morale. · Cut back on office help to six hours a week. · Creative staffing: soliciting volunteer help from parents. Work to conserve school supplies and use smartly; ask for donations, solicit help around the school from parents. · Creative using HOV parking passes, walking to work and car pooling to cut down on the cost of parking passes. Fundraisin~ at Wildwood: Wildwood has worked diligently to fundraise to provide income beyond parent tuition fees: · May Matching direct mail campaign, with all funds raised matched by a generous parent. · Christmas ornament sales · T-shirt sales · Cookbook sales · Mardi Gras bead sales · Clarks Market Cash Saver program · Thrift Shop grant · RoofFundraising Open House · Denim Dinner Dane and Silent Auction event at T-Lazy 7 · Gracy's Wildwood Account ( donated items sold at Gracy's with funds to Wildwood) · Aspen Foundation Grant Wildwood has raised in excess of $50,000 over the past two years through these efforts. Increased Enrollment at Wildwood: The key to improving the situation at Wildwood is to increase enrollment. Wildwood has implemented the following steps to address this issue: · Marketing brochure, costs covered by board member donations. · On-going advertising in newspaper · Refund $100 parent enrollment fee to current family who signs up a new family. Although it is not certain how future affordable housing and birth rates will affect child care enrollment, the following do indicate the continuing need for child care in our community: · Record birth rates at AVH in 1997 and 1998. · A projected 500 affordable housing units to be built in Pitkin County in the near future. FINANCIAL IMPLICATIONS: The $23,000 for Wildwood is not a budgeted item for 1999 from Kids First. Wildwood did not submit a grant for this during our regular grant cycle because it is outside our normal grant categories. In addition, Wildwood wanted to make sure they had worked on all other avenues of financial support to solve this current problem before coming to the City. The current operating deficit at Wildwood is $12,000 but is projected to be $23,000 by the school year-end. As far as the impact of this proposal to the overall Housing/Daycare fund, it will be minimal, given the current significant positive fund balance in the Fund. RECOMMENDATION: Staff recommend that City Council approve $12,000 to cover the current operating deficit, and up to an additional $11,000at the end of August I999 for operating losses. ALTERNATIVE: $23,000 grant to Wildwood for this program subsidy, with any unused funds returned to the City. PROPOSED MOTION: "I move to approve a program subsidy to the Wildwood School of $12,000, with up to an additional $11,000 available through the end of August 1999 for operating losses." CITY MANAGER COMMENTS: lVI~MORANDUM TO: Mayor and Council THRU: Amy Margerum, city Managerial/ FROM: Lee Cassin, City Environmental Health Director 'd ~ C DATE: April 5, 1999 RE: Request for Funds from General Fund Balance for Valley Resource Management SUMMARY: This is a request for funds from general fund balance to pay for the City of ' Aspen's share of dues for Valley Resources Management (VRM) in the amount of $5,949.50. PREVIOUS COUNCIL ACTION: Last year Council approved payment of the City's share of dues, but the amount was only $3,099. Earlier this year, VRM Executive Director Traci Houpt and Board Chairman Miles Stotts made a presentation to Council at its brown bag lunch to explain VRM's goals for 1999. BACKGROUND: I have attached an invoice from VRM. as well as a description of their 1998 accomplishments. VRM is a partnership of many local cities and counties whose goal is to promote recycling and planning for valley waste resource management. DISCUSSION: There are two issues involved in the funding amount itself. First, Pitkin County's dues have been waived because Pitkin County is using a portion of its tipping fees to cover Pitkin County's dues. However, City of Aspen residents pay a large portion of those tipping fees, so it might make sense to have the City's dues offset or partially offset by the tipping fees paid by City residents. City staff requested at least a partial waiver of dues because of this amount we already contribute. However, VRM board chairman Miles Stotts indicated that VRM couldn't afford to lose the dues of Aspen and Snowmass Village. He indicated that while Pitkin County is providing significant funding for VRM through these tipping fees, Eagle County and Glenwood Springs, which have the same ability to collect these tipping fees and use them for their support of VRM, have not yet done so. In addition, their low landfill fees encourage diversion of waste to downvalley landfills, which hurts our ability to subsidize recycling. When the City pays these dues, it could consider a letter to VRM, copied to Eagle County and Glenwood Springs, asking to be reimbursed for these dues as soon as Eagle County and Glenwood Springs institute similar tipping fees and requesting their help in supporting recycling by this action. Secondly, funding is based on the population of each member entity. The City of Aspen reported its numbers of residents and visitors and used current figures, while some entities may not have accurate current population information. This resulted in the City's dues going up substantially. FINANCIAL IMPLICATIONS: The cost of this request is $5,949,59. It has not been budgeted. Staff recommends the City agree to pay this year only, and that in future years, tipping fees which City residents pay cover the City's share. RECOMMENDATION: Staff recommends covering this expense for this year only, from General Fund balance, and sending a letter to VRM, Eag. le County and Glenwood Springs asking for their help in obtaining tipping fees to fund VRM in order to ensure that recycling continues to be an option for City of Aspen residents. ALTERNATIVES: Council could direct staff to ask VRM to fund the City' s share of dues from the tipping fees paid by City residents. Council could pay a smaller amount, for example a 4% increase over last year's dues. PROPOSED MOTION: "I move to approve paying dues requested by VRM in the amount of $5,949.50 from general fund balance for 1999, with the understanding that tipping fees wilt co~ cr the City's costs in the year 2000." CITY MANAGER COMMENTS: VAttEV R SOURCE MA AC M hrr BOARD OF DIRECTORS P~in ~un~ Ron Rasnic, ~e~hal~an ~ M~ge~m ~ ~ Eag~ ~n~ Aspen Ci~ Manager ~ ~ Ci~ of Aspen V~' ~ __,.~. ._~ _. Fenk Smslin ] 30 South Galena ~ ~- TOWn Of New Ca~ Aspen, CO 81611 P.O ~m~n Hunka I ~.~ Ch~s Lane Dear Ms. Margemm: Town of ~ug Sho~ ~a~ you for yo~ cont~ued suppo~ of the Valley Reso~ce Management Town of~nda~ pa~ership and yo~ coziest to wor~ng colla~ratively on regional solid waste management. JuanM Sa~eld Town of Pamchute ~e ~. Board of Directors made ~e decision to update the ~opuladon figures o~. o~ member m~icipalifies and cowries for the first time since the 1990 c~sus. We Tom Dunlop c~o~n obtained p0puladon figures ~om aH ofo~ member's pi~ing depaments. Aspen's population figure of 19,833 is yo~ average fig~e for the entire year, including ~eve sm~ pe~anent and toufism numbers. With ~e new population figures factored ~to the At-Lame foEula, ~e Ci~ o~ Aspen's ~ membership dues for 1999 are $5,549.90. Membership dues w~e calculated at $0.30 ~e; capita. ~n Tdpp / G~ Jeung C~ofG~nw~Spdngs This ]eRer ~4H serve as your 1999 ~ Invoice. Tony Vanhour Please re~t paymeut to VaBey Resource Management, in the amount of ~-La~e $S,949.90, for your 1999 ~ membership. Hum Walker Town of Snowma~ Village ~ continue to reach out to our memb~ co~i~es, cowries and ~Cjr CO~Sd~e~tS to identi~ n~ds ~d seek-out solutions to regional solid waste m~agement issues. c~lg Ohmson If yOU have specific concerns ~t you would like to see ad~essed, please contact Town orS~ yo~ Board repressretires or me. We ~ll do o~ best to respond to yo~ bec~ve DIm~n Co~i~'s ~eed. ~ off~s o~ ~eg~o~ a ~que oppo~i~ to work T~sl Houpt pa~ership on ~e coord~afion of waste management ~ough responsible p]a~ing and educational procures ~at promote recycling ~d reduction of the waste s~eam. P~g~m Dlmm~ ~ yOU ~or yo~ Co~j~eBt to ~s eBdeavor. Executive Director Cc Lee Cassin Bfian ~ Bo~d Ci~ of A~en O POST O~ICE BOX 2Sl · GE~OOD SP~GS, COLO~O 81602 · (970)945-8~3 · F~: (970)947~078 · winter programs a great success! For reservations please call Jay Buchanan at 945- 6099. · We created and inlxoduced our Associate Membership program. VRM's associate membership is comprised of businesses and residents within and outside of our region. We will continue to enhance this program and identify additional avenues for serving our members, so that we may increase our collaborative efforts. · Our Monthly VRM Newsletter is regularly disu'ibnted to approximately 150 community leaders, businesses, government offices and individuals. · We are presently developing a Quarterly Newsletter for middle school aged students. The Aspen Skiing Company Environmental Foundation awarded seed money to us for this new project, We will distribute our student newsletter to middle schools throughout the VR.M region. · Our recycling hotline continues to be a much-used resource for people throughout the region. · We hold VRM Board meetings on the second Thursday of each month. Our monthly meetings offer participants the opportunity to network, share updated information concerning solid waste management, discuss issues impacting our region and become involved in developing and enhancing resources for residents, businesses and governments in our region. Thank you for the resources you contribute to make the above programs available to your constituents. Pitkin County modified its land~ll's tipping fee structure this year to the benefit of VRM. The new su'ucture targets a portion of a surcharge previonsly assessed by the state of Colorado for the Hazardous Substance Response Fund. The portion of the surcharge no longer assessed by the State is now going to help fund regional solid waste management planning and education efforts by Valley Resource Management. Pitkin County will conu-ibute approximately 4 times more than they would have through the current VRM membership dues structure. They have taken the lead in our region in hopes that the other landfill owners will develop a similar tipping fee structure that will help fund VRM's efforts. The Board of Directors has discussed a decrease in or potentially the elimination of VRM membership dues if the other landfills are able to follow Pitkin County's lead. *Ire needyour assistance. The Town of Snowrnass Village has graciously served as V/LM's Financial manager for the past 7 years. They informed us one year ago that they would like to pass the torch. This has been a topic of discussinn at the many of our meetings this year. After Snowmass Village forrealized their intent with a letter in August, the V'RM Board of D/rectors discussed approaching their individual cornmuinties and counties about taking over the fiscal duties. We heard from some members who considered serving VRM in this capacity, but ultimately decided that they could not accept an additional responsibility at this time. We are requesting that every member government reconsider serving as VRM's financial manager. We need someone to work on the t~ansitinn with the Town of Snowrnass Village, so we are looking for an immediate 2-year commitment. If you have questions with respect to what this would entail and the amount of time this roll will take, please call f~yn Orensen with the Town ofSnowmass VzTlage at 923-3796. I will be contacting your VRM Board representatives duriag the Ist week in January. Thank you for your assistance! We look forward to 1999; our first Board meeting is scheduled for January 14, from 9:00 a.m. to 11:30 a.m. at the Carbondale Town Hall. We will be continuing our goat setting session and hope to have our 1999 goals fmalized before February. Once again, thank you for your continued commitment to Valley Resource Management. Should you have any questions please do not hesitate to call me at 945-8643. Executive D/rector ME~IORANDUM ' TO: Mayor and Council THRU: Amy Margerum, City Manager C~ THRU: Jeff Woods, Parks Director FROM: Tom Rubel, Parks Field Supervisor DATE: 3/26/99 RE: Resolution # ~, Contract approval for Mall brick repairs CC: John Worcester, City Attorney Tabatha Miller, Finance Director SU~IMARY: The Parks Department is requesting Council approval of a contract with MeI Waldrop to remove and reinstall mall bricks in conjunction with the installation of an automatic sprinkler system for the Mall flower beds. Also included in this contract, is the repair of specified deteriorating brick areas in the Mall. This project is within the Parks Department budget and has been approved by the Asset Planning Committee. The attached resolution and contract is between The City of Aspen and Mel Waldrop for the necessary brick work. F1NANC1.M.~ I~IPLICATIONS: The project cost will not exceed S78,000.00 figured ~ $1 ! .00 per square foot. Funds are available and have been approved by both the Asset Planning Committee and the City Council. RECO.MSIENDATION: Staff recommends approval of the resolution and contract. PROPOSED MOTION: "I move to approve Resolution # e,~(.,' , Series of 1999, which approves a contract between the City of Aspen and Mel Waldrop and which authorizes the City Manager to execute said documents on behalf of the City of Aspen". RESOLUTION (Series of 1999) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MEL WALDROP. SETTING FORTH THE TERMS AND CONDITIONS REGARDING AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a coreract between the City of Aspen, ColOrado, and Mel Waldrop a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the city of Aspen hereby approves that coreract between the City of Aspen, Colorado, and Mel Waldrop regarding the City of Aspen a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated:. John S. Bennett, 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 . . ,1999. Kathryn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on "~ -"~C~ -~ ~ , by and between the CITY OF ASPEN, Colorado, hereinafter called the ,City", and Mel Waldrop, heroinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published., in the manner and for the time required by Jaw, an advertisement, for the project: Mall Brick Replacement , and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to.the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law,' has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore. and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth heroin; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within ' seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to pe~orm all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Seventy eight thousand DOLLARS ($78,000.00) or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.c~oc Page 1 '°CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the. Documents. 7. This Contract For .Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08~040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly a'uthodzed official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the fight to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party, 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was 'reviewed and accepted through the mutuat efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CCI-971.d0c Page 2 "CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above wdtten. ATTESTED BY: CiTY OF ASPEN, COLORADO By: Title: VAL APPROVED AS TO FORM: ~,"' ~P :;'~(:'- ~ ~ 'P',;~ , City Attorney ATTESTED BY: CONTRACTOR: Title: ~-~,2~---.-~_-("' Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc Page 3 "CC1 Vld MEMORANDUM To: Mayor and City Council Thru: Amy Margerum ~ From: Jack Reid Date: March 25, 1999 Subject: Contract approval: Glenwood Spdngs Ford SUMMARY: Staff recommends approval of the contract to purchase 3 1/.-ton pick-ups, I 1-ton pick-up with utility bed, and I 1-ton pick-up with diesel engine. This is part of the 1999 vehicle replacement program. PREVIOUS COUNCIL ACTION: The Asset Planning Committee approved this purchase in the 1999 Asset Management Plan. City Council approved the 1999 Asset Management Plan in the 1999 Budget. CURRENT ISSUES: This contract is a result of the competitive bidding process. FINANCIAL IMPLICATIONS: The 1999Asset Management Plan contains the approved budget for this purchase. PROPOSED MOTION: I move to approve Resolution # r~OT 1999, on the Consent Calendar of Monday, Apdl 12, 1999 CITY MANAGER COMMENTS: Series of 1999 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GLENWOOD SPRINGS FORD , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and GLENWOOD SPRINGS FORD a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIE OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and _ GLENWOOD SPRINGS FORD_ a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: , 1999. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and aceurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ,1999. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1999 - 9FM B,C,D THIS AGREEMENT, made and entered into, this day __ of 1999, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Glenwood SDdnc~s Ford, hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase Three (3), 14 Ton Pick-up Trucks, One (1), 1 Ton Pick-uD Truck with Utility Body and crane, and One (1), 1 Ton Pick-up Truck with Diesel Enc~ine hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specificairy in Vendor's Bid for the sum of Ninety-Four Thousand. Four Hundred Fifty-Six DOLLARS and Twenty CENTS ($94,456.20). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shalt include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors and Assiclns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any fights to claim damages or to bdng any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Aqreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attomev's Fees. In the event that legal action iS necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attomey's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall adse for or against either party based on any alleged unequal status of the parties in the negotiation, review or draffing of the Agreement. 11. Certification Reclardincl Debarmerit, Suspension, Ineliclibilitv, and Voluntary Exclusion. Vendor certj~es, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fTOm participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitt/ng its Bid that it did include this clause without modification in all lower tier transactions, so citations proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Aclainst Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision. approval, disapproval, recommendation, preparation of any part of a Program requirement or a purchase request, influencing the content of any specification or Procurament standard, rendering advice. investigation, auditing, or in any other advisory capacity in any Proceeding or app cation request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement or to any solicitation or proposal therefor. Vendor represents that no officia, officer, employee or representative of the City dudrig the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. in addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the dght to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract pdce or consideration, or otherwise recover, the value of anything transferred or received by the Vendor, and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City pdor to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscet year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. City Coundl ADDroval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, madtal status, · affectional or sexual orientation, family responsibility, national odgin, ancestnJ, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non-discrimination employment. Vendor further agrees to comply with the letter and the spidt of the Colorado i2ntidiscdmination ACt Of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practjces. 17. integration and Modification. This written Agreement along with all Contract Documents shall constjtute the contract between the parties and supersedes or incorporates any pdor written and oral agreements of the parties. In addition, vendor understands that no City offidal or employee, other than the. Mayor and City Council acting as a body at a coundl meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in wdting and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions spedfled herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: ~~ ~~~' A i ~ ~-ST: City Clerk .,. By: Title. purchagr. bid MEMORANDUM Vt~ To: Mayor and City Coundl Thru: Amy Margerum From: Jaqk Reid Date: Apdl 7, 1999 Subject: Contract approval, The L.L Johnson Co. SUMMARY: Staff recommends approval of the contract to purchase PREVIOUS COUNCIL ACTION: The Asset Planning Committee approved this purchase in the 1999 Asset Management Plan. City Coundl approved the 1999 Asset Management Plan in the 1999 Budget. CURRENT ISSUES: This contract is a result of a sole-source purchase. Steiners are the only tractor of this type made, and L.L. Johnson is the only distributor in our area. FINANCIAL IMPLICATIONS: The 1999Asset Management Plan contains the approved budget for this purchase. PROPOSED MOTION: I move to approve Resolution # ,22' of 1999, on the Consent Calendar of Monday, Apd~ 1'2, 1999 CITY MANAGER COMMENTS: ~OL~ION NO. ;g Series of 1999 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND L. L. JOHNSON COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CFFY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and L. L. JOHNSON COMPANY a copy of which contract is annexed hereto and made a pan thereof. NOW, WHEREFORE, 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 CONTRACT between the City of Aspen, Colorado, and L. L. JOHNSON COMPANY a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ,1999. John S. Bennett, 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 ,1999. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1999 - 11 FM THIS AGREEMENT, made and entered into, this day of 1999, by and between the City of Aspen, Colorado, hereinafter referred to as the "City' and The L.L. Johnson Co. , hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase Three (3), Steiner tractors (2 .qasoline and I diesel/with 'sPedfled attachments hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations herainafter set forth, agree as follows: 1, Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of Sixty-Three Thousand, Nine Hundred Twetve Dollars and NO cants ($63,912.00~. 2. Deliver,/. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warrantjes assodated with this purchase shall accompany this contract document, 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the dght to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any dghts to claim damages or to bdng any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a Waiver of any subsequent default of any of the terms, covenants or conditions herein contained. to be performed. kept and observed by the other party. 8. A{~reement Made in Colorado. The parties agree ~at this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed, Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties h~reto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the · parties in the negotiation, review or draffing of the Agreement 11. Certification Reclardincl Debarmerit, Suspension. Ineliclibilih,, and Voluntary E. xdusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarTnent, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State depariment or agency. It further certifies that pdor to submitting its Bid that it did include this clause without medfficetion in all lower tier transactions. solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to fie City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or sectjre this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established corninertial or selling agendes maintained by the Vendor for the purpose of secudng business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurament standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application. request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City dudng the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the dght to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract pdce or consideration, or otherwise recover, the value of anything transferred or received by the Vendor, and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availabilib/. Finandal obligations of the City payable after the current ~scaf year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. City Coundl APProval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been appmved by the City Council of the City of Aspen, 16. Non-Discrimina'don. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family, responsibility, national odgin, ancestry, handicap, or religion shall be made in the employment of persons t0 perform under this Agreement. Vendor agrees to meet all of the requirements of Citys municipal code, section 13-98, pertaining to non-discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado · Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Inteqration and Modification, This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any pdor written and oral agreements of the parties. In addition, vendor understands that no City offidal or employee, other than the Mayor and City Council acting as a body at a coundl meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative, The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN V~TNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first heroin wdtten in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CIT'( OF ASPEN: By: A ~ i ~-ST: City Clerk VENDOR: A ~'~. ~, :-' ,'% ,v, ~ ~"~ ,,, L~, ~- 4, d~, Title. /' purchagr. bid MEMORANDUM VI~-~ To: Mayor and City Council Thru: Amy Margerum ~ From: Jack Reid Date: April 1, 1999 Subject: Contract approval, Berthod Motors, Inc. SUMMARY: Staff recommends approval of the contract to purchase five (5) %-ton pick-up trucks. PREVIOUS COUNCIL ACTION: The Asset Planning Committee approved this purchase in the 1999 Asset Management Plan. City Council approved the 1999 Asset Management Plan in the 1999 Budget. CURRENT ISSUES: This purchase is a result of the competitive bidding process. FINANCIAL IMPLICATIONS: The 1999Asset Management Plan contains the approved budget for this purchase. PROPOSED MOTION: I move to approve Resolution # .~? of 1999. on the Consent Calendar of Monday, April ~ 1999. CITY MANAGER COMMENTS: RESOLUTION NO. o~O~ Series of 1999 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND BERTHOD MOTORS. INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and BERTHOD MOTORS. INCa copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, 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 CONTRACT' between the City of Aspen, Colorado, and BERTHOD MOTORS. INCa copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ,1999. John S. Bennett, 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 ,1999. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1999 - 9FM ~ A THIS AGREEMENT, made and entered into, this day __ of 1999, by and between the City of Aspen, Colorado, hereinafter referred to as the "city" and Berthod Motors , hereinafter referred to as the '~/endor.." WITNESSETH, that whereas the City wishes to purchase Five (5), ~ Ton Pick-ul~ Trucks hereinafter celled the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the Cib] as spedfled in its Bid. NOW, THEREFORE, the City and the ,Vendor, for the considerations hereinaf~er set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendors Bid for the sum of Seventy-Seven Thousand, One Hundred Fifty-Five Dollars and NO Cents ($77,155.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany th!s contract document. 5. Successors and AssiGns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the spedtic written permission, any fights to claim damages or to bdng any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shalt be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entifJed to its costs and reasonable attomey's fees. 10. Waiver of Presumption; This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall adse for or against either party based on any alleged unequal status of the parties in the negotiation, review or draffing of the Agreement. 11. Certification Rec~ardinQ Debarment, Suspension, IneliQibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certjfies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Aclainst Continoent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of secudng business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard~ rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling~ determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City dudng the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. in addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the dght to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract pdce or consideration, or otherwise recover, the value of anything transferred or received by the Vendor, and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of Cit','. The sale contemplated by this Agreement may be cancelled by the City pdor to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted ,and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15, City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Coundl of the City of Aspen. 16. Non-Discrimination. No discrimination. because of race, color, creed, sex, madtal status, affectional or sexual orientation, family responsibility, national odgin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement, Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non-discrimination in employment, Vendor further agrees to comply with the letter and the spidt of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Inteclration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any pdor written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council &cling as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE Cl'l"f OF ASPEN: By: ~ ~ A f f ~-ST: City Clerk VENDOR: Title. purchagr.bid MEMORANDUM I Aspen * 50 Years After Goethe Mind - Body o Spirit TO: Mayor and Members of Council FROM: John P. Worcester ~'~f/~ DATE: March 29, 1999 RE: Moore Family PUD - Resolution to Initiate Annexation Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for the MoOre Family PUD property. The owners of the property filed an annexation petition with the City Clerk on March 29, 1999. The Moore Family PUD property is the property which is being developed by the Moore Family · and also the property recently purchased by the City for ball fields. The property proposed to be annexed is being proposed to be annexed in a series of four separate parcels. In other words, a single parcel that meets the contiguity requirements will be annexed immediately followed by the other three in series. Actually, the law in Colorado was recently changed to allow series in annexations to proceed simultaneously so there will only be a single annexation ordinance and a single hearing to determine compliance with the Annexation Act. This office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12~105, C.R.S. Section 31-12-104 of the Colorado Revised Statutes requires: (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality .... and (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality .... Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (limitations on dividing land held in identical ownership, commencement of annexation proceedings for annexation to other municipalities, de~achment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a heating must be held so Council can make those specific findings. Before these parcels can be annexed into the' City the following steps must take place: (a) A hearing before Council to determine compliance with Sections 31-12-104 and 31- 12-105, C.R.S. as described above. Co) Land Use approvals needed to authorize an AH project, including rezoning needs to be established through P&Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. ,-~ , Series of 1999. JPw-03/29/99-G:\jobn\word\memos\moore-ann-resl.doc RESOLUTION NO. !~ (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PEgION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "MOORE FAMILY PUD"; FINDING SLrt3STANTIAL COMPLIANCE WITH SECTION 31-12-107(1)~ C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31- 12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on March 29, the City Manager of the City of Aspen on behalf of the City of Aspen, the James. E. Moore Family Partnership, LLLP, Mark B. Whitson, the Astri Corporation, Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Hume, LLC., Kevin L. Patrick, and Patricia D. Bukur, constituting one huhdred percent of the owners of the property proposed to be annexed, d!d file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibits "A", "B", "C", and "D", appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, Section 31-12-104, C.R.S., allows contiguity to be extablished by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for purposes of requisite public hearings, and the annexation impact report required by Section 31-12-108.5, C.R.S.; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action 'to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of four annexation maps, have been reviewed by the City Attomey's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (I) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected .property have consented to annexation of their property to the City of Aspen; and WttEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in~accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby .determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 241h day of May, 1999, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor morse than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S.~ and is considered eligible for annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date Of the hearing. The proof of publication of the resolution shall be retumed when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed .to be annexed, and to prepare and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S., to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date established for a public hearing.. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,1999. John S. Bennett, 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 ~neeting held on the day hereinabove stated; Kathryn S. Koch, City Clerk JPw-O3/29/99-~:\john\word\resos\moore-ann-reso~.doc PETITION FOR ANNEXATION "The Moore Family PUD" WHEREAS, the James E. Moore Family Partnership, LLLP and the City of Aspen entered into that certain Water Service Agreement, dated August 10, 1998, and recorded at the Office of the Pitldn County Clerk and Recorders Office as Reception Number 420481; and WHEREAS, said Water Service Agreement contains a provision regarding the annexation of the service area (the Subject Property as defined in the Water Service Agreement) into the City of Aspen upon the terms and conditions set forth therein; and WHEREAS, the City of Aspen is the owner of Lot 1, Parcel A, Moore Family Parcel "A" Subdivision Essential Community Facilities Exemption Plat, all within the area described herein as the Subject Property; and WHEREAS, Lot 2, Parcel A, Moore Family Parcel "A" SubdivisiOn Essential Community Facilities Exemption Plat and Open Space Areas 1 through 11, Moore Family PUD are owned by the MSore Family PUD Master Association, Inc., all within the area described herein as the Subject Property; and WHEREAS, the James E. Moore Family Partnership, LLLP owns BloCk B of the Moore Family PUD, Inc., all within the area described herein as the Subject Property; and WHEREAS, Kevin L. Patrick and Patricia D. Bakur own Lot 29, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS, Mark B. Whirson owns Lot 30, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS, Astri Corporation owns Lot 36, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property, and WHEREAS, Thomas H. Bailey owns Lot 37, Block E, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS, Robert M. Beevers and Nancy L. Beevers own Lot 32, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS Zoom Flume, LLC owns all of the remaining property in the Moore Family PUD and will make all conveyances of the remalhing property subject to this Petition for Annexation; and elf/Hines-Moore Property/Petition for Annexation ] Revised: 01/26/99 WHEREAS, a plat of the Subject Property proposed to be annexed has been recorded with the Pitkin County Clerk and Recorder's Office in Plat Book 45, at Page 81; and in Plat Book 45, at Page 79; and WHEREAS, pursuant to the provision of the Water Service Agreement relating to Annexation, the City of Aspen has requested that the owner(s) of the Subject Property petition the City of Aspen for annexation of the Subject Property; and WHEREAS, the above mentioned parties desire to annex the parcels within the Subject Property which they each own. NOW, THEREFORE, the undersigned, owners of 100% the property described in Exhibits "A", "B", "C'~ and "D" appended hereto and by this reference made a part hereof, and in accordance with Article 12, Chapter 31, C.R.S. as mended, hereby petition the City Council of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more particularly described below, to be known as "Moore Family PUD Annexation", subject to the terms and conditions of the Water Service Agreement and in support of said Petition, petitioners allege that: 1. It is desirable and necessary. that the territory described in Exhibits "A", "B", "C", and "D" attached hereto be annexed to the City of Aspen, Colorado, 2. Not less than one-sixth (I/6) of the perimeter of the area proposed to be annexed is contiguous with the City of. Aspen, Colorado. 3. A community of interest exists bem, een the territory proposed to be annexed and the City of Aspen, Colorado. 4. The territory proposed to be annexed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen. 6. The signatures on the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesfmg to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 7. No part of the territory to be armexed is more than three (3) miles from a point on the municipal boundary, as such was established less than one year from the date of this Petition. 8. The proposed annexation will not result in the detachment of area from any school district. elf/Hines*Moore Property/Petition for Annexation 2 Revised: 01/26/99 9. The mailing address of each signer, the legal description of the land owned by the signer as legal representative of the owner, and the date of signing of each signature are all shown on this Petition. 10. Attached to this Petition as Exhibits "E", "F", "G", and "B' and by this reference incorporated herein are annexation maps containing the information required by Section 31 - 12-107( 1 )(d), C .R.S. 11. The territc~ry to be annexed is not presently a part of any incorporated city, city and county, or town. City of Asp ~ By: Z Manager Dated: .///~'/~q ZOOM FLUME, L.L a Delaware limited liability company, by HINES INTERESTS LIMITED PARTNERSHIP, a Delaware limited partnership, as Managing Member, by HINES HOLDINGS, INC., Robert E. Daniel, Jr., Vice President Dated: //ZX'/4q Sames E. Moore Family Partnership, LLLP By: Thomas A. Moore, General Partner Robert E. Daniel, Jr., President elf/Hines-Moore ProperPs'/Petition for Annexation 3 Revised: 01/26/99 Astd Corporation By: CONSENT ATTACHED Fred Alessi, Presidem Dated: Dated: ,~/It,/qq C~' Pa , Patricia D. Bukur CONSENT ATTACHED Mark B. Whiston CONSENT ATTACHED Thomas H. Bailey CONSENT ATTACHED Robert M. Beevers CONSENT ATTACHED Nancy L. Beevers elf/Hines-Moon Property/Petition for A~nexation 4 Revised: 01/26/99 LIST OF OWNERS NAMES AND MAILING ADDRESSES: Amy Margemm, City Manager Dwayne Romero City of Aspen c/o HINES INTERESTS, LTD 130 South Galena Street 426 East Main Street Aspen, CO 81611 - 1975 Aspen, CO 81611 facsimile: 970-920-5119 facsimile: 970-920-3955 Robert E. Daniel, Jr. Fred Alessi, President HINES INTERESTS, LTD. Astri Corporation 426 East Main Street 4701 W. Comanche Avenue Aspen, CO 81611 Tampa, FL 33614 facsimile: 970-920-3955 Thomas A. Moore, General Partner Kevin L. Patrick & Patricia D. Bukur c/o James Moore 730 East Durant Street Minor & Browne, P.C. Aspen, CO 81611 650 South Cherry St., Ste. 1100 Denver, CO 80246 facsimile: 303-320-6330 Mark B. Whiston Thomas H. Bailey 269 Madison Street 620 E. Cooper Denver, CO 80206 Aspen, CO 81612 Nancy and Robert Beevers 1047 Saxony Drive Highland Park, IL 60035 e/f/Hines-Moore Property/Petition for Annexation 5 Revised: 01/26/99 EXHIBIT "A" ANNEXATION PARCEL N0.1 A parcel of land situated in the S1/2NE1/4 of Section I4, Township I0 South, Range 85 West of the 6~h Principal Meridian, said parcel being more particularly described as follows: Commencing from the El/4 comer of said Section 14, The True Point of Beginning; thence N89°40'5I"W 2633.9I feet to the C1/4 of said Section I4; thence N00°lS'39"W 1309.65 feet along the easterly boundary line of the Aspen Highlands Subdivision, said boundary line also being the north;south center section line of said Section 14 to the CN1/16 comer of said Section 14; thence N89°54'lS"E 1320.68 feet to the NEI/i6 comer of said Section I4; thence N89°54' 18"E, 1320.59 feet along the southerly boundary line of the Meadowood Subdivision Filing No. 1, to the N1/16 comer between said Section 14 and Section 13; thence S00°03'43'W 1328.69 feet along the easterly boundary of said Section 14, said boundary line also being the southerly boundary line of the City Water Plant Annexation No. 3, to the Point of Beginning, said Parcel containing 79.875 acres, more or less. EIG'WRIT "B" · ANNEXATION PARCEL NO. 2 A parcel of land situated in the N1/2SB1/4 of Section 14, Townskip 10 South, Range 85 West of the (5m Principal Meridian, said parcel bein~ more particularly described as follows: Commencing from the El/4 comer of said Section 14, The True Point of Beginning; thence S00°15'53'W 1361.77 feet to the S1/16 comer between Sections 13 & 14; thence N89°07'53"W 1310.90 feet to the SE1/16 comer of said Section 14; thence N89°07'53"W 1310.90 feet to the CS1/16 comer of said Section 14; thence N00°lY39"W 1336.71 feet along the easterly boundaz~y line of the Aspen Higkiands VU. lagc P.U.D., said bour~dary line a/so being the north-south center section line of said Section 14 to the C1/4 of said Section l~t; thence leaving said north-south center section 1Me of said Section 14 S89°40'51'E 2633.91 feet along the southerly boundary of the Moore Family P.U.D. Annexation No. 1, to the Point of Beginning, said Parcel containing 81.390 acres, more or less. EXI-IIBIT "C" ANNEXATION PARCEL NO. 3 A parcel of land situated in the N'WI/4NEI/4 of Section 14 and the SWI/4SEi/4 of Section 11, Township 10 South, Range 85 West of the 6~ Principal Meridian, said parcel being more particularly described as follows; Commencing from the N1/4 comer of said Section 14, said point being on the easterly boundary line of the Aspen Highlands Subdivision; The Tree Point of Begi_n_ning; thence N00°07'23"W 62.53 feet to a point on the southerly boundary line of a parcel of land owned by the Aspen School District; thence the following 6 (six) courses around the south easterly boundary of said parcel: 1. 97.61 feet along the arc of a curve to the right having a radius of 160.00 feet and a central angle Of 34°57'15', and a chord bearing S52°50'28'E 96.10 feet; thence 2. S35°21'50"E 296.72 feet; thence 3. 31.42 feet along the arc of a curve to the left having a radius of 20.00 feet and a central angle of 90°00'00'', and a chord bearing S80°21 '50"E 28.28 feet; thence 4, N54°38'10"E 8.99 feet; thence 5. 15.33 feet along the arc of a curve to the left having ~ radius of 35.00 feet and a central angle of 25°06'09', and a chord bearing N42°05'05"E 15.21 feet; thence 6. S73°42'5 i"E 220.93 feet; thence S89°55'48"E 819.93 feet to a point on the westerly boundary line of the Meadowood Subdivision Filing No. 1; thence S00°06'08"E 1045.43 feet along said westerly boundary l~e to the NE1/16 comer of said Section 14; thence ' ' S89°54'18"W 1320.68 feet along the northerly boundary line of the Moore Family P.U.D. Annexation No. 1, to a point On the north-south center section line of said Section 14, the CN1Z16 comer of said Section 14; thence N00°lS'39"W 731.32 feet along said north-south section line, s.aid line also being on the easterly boundary line of the Aspen Highlands Subdivision, to the southwest comer of a parcel of land owned by the Church of Jesus Christ. Real Estate Division; thence leaving said north-south line and the easterly boundary of Aspen Highlands Subdivision S73°59 '09"E 447.05 feet; thence the following 5 (five) courses around said parceI of land owned by the Church of Jesus Christ, Real Estate Division; thence N19°30'39' feet; thence N35°55'39"W 120.00 feet; thence N19°05'39"W 140.00; thence N33°lS'39"W 115.00 feet; thence N73*59'09"W 210.00 feet to a point on said easterly boundary line of Aspen Highlands Subdivision; thence N00°lS'39"W 202.50 feet along said easterly line to the Point of Beghnning, said Parcel of land containing 30.229 acres, more or ' less. EXI-IrBIT "D" ANNEXATION PARCEL NO. 4 A parcel of land situated in the NI,V1/4NE1/4 of Section 14 and the SW1/4SE1/4 of Section 11, Township 10 South, Range 85 West bf the 6~ Principal Meridian, said parcel being more particularly described as follows; Commencing from the El/16 comer common to said Section 14 and Section I1, said point being on the westerly boundary line of the Meadowood Subdivision, the True Point of Beginning; thence S00°06'08"E 287.07 feet along said westerly boundary line to a point on the northerly boundary line of the Moore Family P.U.D. Annexation No. 3; thence N89°55'48"W 819.39 feet to a point on the southeasterly boundary of a parcel of land owned by the Aspen School District; thence the following 10 (ten) courses around the southeasterly boundary of said parcel: I. N31°02'40"E 261.92 feet; thence 2. N00°04'00"W 856L36 feet; thence 3. N44°05'00"E 65.02 feet; thence 4. 254.18 feet along the arc of a curve to the left having a radius of 570.00 feet and a central angle of 25°33'00", and a chord bearing NBI°lS'29"E 252.08 feet; thence 5. 247.77 feet along the arc of a reverse curve to the right having a radius of 630.00 feet and a central angle of 22°32'01'', and a chord bearing N29°47'59"E 246.18 feet; thence 6. N41°04'00"E 88.00 feet; thence 7. 136.08 feet along the arc of a curve to the right having a radius of 180.00 feet and a central angle of 43°18'56'', and a chord bearing N62°42'32"E 132.86 feet; thence 8. N84°22'00"E 118.50 feet; thence 9. 67.41 feet along the arc of a curve to the left having a radius of 45.00 feet and a central angle of 85°49'45'', and a chord bearing N41.°26'52"E 61.28 feet; thence 10. N01°28'00"W 14.00 feet to a pqint on the southerly right-of-way of Maroon Creek · Road; thence N87°58'34"E 53.97 feet along said southerly right-of-way line to a point on the westerly boundary line of the Meadowood Subdivision Filing No. 2; thence S00°04'01 "W 1471.13 feet along said westerly .line to the El/16 coruer between said Section 14 and Section 11, the Point 0f Beginning, said parcel of land containing 24.167 acres, more 'or less. g:\jolmXword\moore's exhibits a-d NOTE: Only the applicable pages of the Moore Family Sales Contracts are attached hereto and provide for the Consent to Annexation by the Purchaser and current Owners of the Moore Family PUD. (See Paragraph 20(a) of Alessi, Prinster, Whiston, and Beevers Sales Contract(s); and see Paragraph 18 of Patrick Sales Contract) The purchase price (set forth in paragraph 2 of the Sales Contract) has been excised. BlrfER: Fred ]~ assigns (Signature). (Signature) BUYER lITFORMATION: (Residence Address) (Residence Address) (City, Sate and Zip Code] (City, Sate and Zip Code] Address) (Maili~g Address) (City, Sate and Zip Code) (City, State and Zip Code) SELLER ACCEPTS THIS CONTRACT THIS Z5a:~ DAY OF , 199E2. :. SELLER: ZOOM FLUME, L.L,C., a Delaware Address: l~,n{ted liability company, by HINES INTERESTS LIMITED P.O. Box 5115 PARTNERSHIP, a Delaware limited Aspen, CO 81612 partnership, as Managing Member, by Telephone: (970) 920o1710 HINES HOLDINGS, INC., a Texas Fax No.: (970) 920-3955 corporation, as Genera/Partner Robert E. Daniel, (date] Vice-President The undersi~Tled Broker(s] acknowledges and cornSrms its broker relationship as set forth in Paragraph 25(c). CONTRACT-FOR TEE SALF~ AND PURCHASE OF A HOI~:SITE IN THE MOORE FA.M~LY P.U.D, ASPEN, COLOEA,DO August . ,1998 I. AGREEMENT. The undersigned person(s), Kevin L. patrick and/or assigns ("Buyer") hereby agr~(s) to buy the following described-property CPropeny"), and the undersigned owner, ZOOM FLUMe, INC., a Colorado corporation, whose address is 426 East Main Street, Aspen, Colorado 81611, hereby agrees to sell the Property on the t~rms and conditions stated herein: Lot 29, Block 1, MOORE FA.MILY P.U.D., according to the Plat thereof recorded on .1998, in Plat Book at Page , County of Pitldn, State of Colorado, and according to the Master Declaration For The · Moore Family P.UI)., recorded on ,1993, at Reception No. , together with and subject to all ensemente~ rights-of-way reservations, and other encumbrances of record. 2. PURCHASE PRICE, The purchase price shall be ($' ) (the "Purchase Price"), payable as follows: (a) An earnest money deposit equaling ten percent (10%) of the Purchase Price for the Property shall be paid to Land Title Guarantee Company ("Escrow Agent") simultaneously with execution hereof, in the form of a personal check or local .cashier's check. Within ten (10) days ofexeeution of this Contract by the Seller, the Buyer wiI1 replace all personal checks with a local cashier's check or wire transfe~ed funds. Failure to substitute personal checks as provided will render this Contract null and void. (b) The earnest money payment received f~om Buyer hereunder shall be placed by Escrow Agent in a fedemily insured interest bearing escrow account, and interest earned thereon shall accrue for the benefit of Buyer, unless Buyer defaulls under the terms of this connet, in which c~e, interest earned thereon shah accrue to the benefit of Seller. For tax reporting purposes, Buyers Social Security Number (or Taxpayer Identification Number, if applicable) is 228-78-3394. (e) The balance of the Purchase Price, Dollars ($ ), subject to adjustment for apportionments and closing costs, shall be paid in cash at closing. 3. CLOSING COSTS; REAL ESTATE TRANSFER TAX. At closing, Seller shall pay for preparation of the deed and for the owners title insurance policy ("Title Policy"), in an amount equal to the Purchase Price of the Property, to be delivered to Buyer by Land Title Guarantee Company (the "Title Company") within sixty (60) days after closing, and any other customary closing fees ehargec~ to the Seller. Seller shall pay the Title Company's closing service costs. RECEiVeD AUG I 7 1998 (6) Seller shall maintain the fight to store and stockpile dirt on any Lot within Moore Family P.U.D. during the consauction of roads and utilities; provided, however, that tiethe owner of the Lot is building a house at the thne of the construction of the wa~ or utilities, the stockpiling will not be done in a nmmer which would interfere with the house consmlction. This fight to stockpile and store dirt shall survive the closing, and shall be a burden which runs with the land until lune 1, 1999, at which time said right shall expire. (b) WaterandSewel'Fees. Buyer acknowledges that there will be a tap fee required by the City of Aspen and/ur Aspen Consolidated Sanitation Diswict for hook-up, as well as on-going service fees, which Buyer shall pay subject to the credit and reimbursement described abo~e in Paragraph l~'(aX S). (c) Utilir, v and Road Inlprovement Districts. The Seller may form districts for the road, drainage, and utility installation in the MooreFamily P,U.D., and Buyer expressly consents and agrees to execute all documents which may be requ/red for their creation, formation, and maintenance. {d) Special ~'axlng Districts. This notice is given in compliance with Colorado Senate Bill 143, Section 38-35.7-10, effective as of.luly 1, 1992. "Special laxing disn'icts may be subject to general obligation indebtedness that is paid by revenues produced from annualtax levies on the taxable property wilhin 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 h the inability of such a disl~ict to discharge such indebtedness without such an increase in mill levies. Buyers should investigate the debt financing requirements of the authorized general obligation indebtedness of such districts servicing such indebtedness, and the potential for an increase in such mill levies." / ANNEXATION AND BUILDING APPROVALS: {a) County of Pitkin/Ciiv of Aspen. Buyer acknowledges that Moore Family P.U.D. is subject to an annexation agreement with the City of Aspen, to which Buyer consents. Co) Building Permit. Buyer must obtain, at Buyer's expense, a building permit from the Aspen/Pi~dn County Building Department before Buyer may build on the Property. Such buildint~ permit may or may not be issued until the infraslructure is completed. (c) Design Review Board. Buyer acknowledges that all construction on each lot shall be subject to approval by the Design Review Board pursuant to the Master Declaration for Moore Family P.U.D.. (d) Soil. The building permit application W the appropriate governmental entity may include, ainong other requirements, a soils investigation of the Properly. Varying soil conditions exist within the Property. Particular soil conditions require varying consU'uction techniques Seller has caused preliminary soils reports to be prepared for the Aspen Highlands Villal~e P.U.D. area by C.T.L. Thompson, consulting geotechnical engineers of which Buyer has BUYER INFORMATION: (Name Printed) (Name Printed) 355 At. ,u ~e?ce;//~d;iss) (Residence Address) (City, State and Zip Code) (City, State and Zip Code) (Mailing Address) (Mailing Address) (City, State and Zip Code) (City, State and Zip COde) SELLER ACCEPTS THIS CONTRACT THIS ~+'~ DAY OF SELLER: ZOOM FLUME, L.L.C., a Delaware Address: limited liability company, by HINES INTERESTS LIMITED P.O. Box 5115 PARTNERSHIP, a Delaware / Aspen, CO 81612 limited partnership, as Telephone: (970) 920-1710 Managing Member, by HINES Fax No. : (970) 920-3955 HOLDINGS, INC. , a Texas corporation, as General Partner By: Robert E. Daniel, (date) Vi c e - Pro s i dent The undersigned Broker(s) acknowledges and confirms its broker relationship as set forth in Paragraph 25 (c). SELLING AGENT: Address: COMPANY: · (date) Telephone: (q7 Fax No. : (qT~ qtO to tb 11 1. C' BUYER: Mark ~Vhiston (Signature) (SignaU~re) BUTJeR INFOEM~TION: (Name PrLnted) ~e ~e~) (Ci~, Sa~e ~ Zi~ ~e) (Ci~, S~te ~ a~ Code) (M~il~ng Ad~ess) ~{l{.g Adeess) (Ci?, Sate ~d ~p ~de) (Ci~, State ~d ~p Code) SELLER ACCESS T~S CONT~ T~S ~ ~ DAY OF . , 199~. ., SELLE~ ZOO~ FL~E, L.L.C., a Dela~e Adeess: 1linSeed ~ab~ comply, by ~NES I~E~STS ~ZTED P.O. Box ~115 PeTNERS~P, a Dela~=e llm~md Asps, CO 816 12 p~ers~p, as ~a~ Member, by Tellhone: (970) 920-1710 ~NES HOLDINGS, ~C., a T~ F~ No.: (970) 920-3985 coloration, as ~ner~ Robert E. D~el, (date) Vice-~esident ~e ~dersi~cd Broke(s) sc~owl~ges ~d co~s its brok~ ~onsMp ~ set fo~ ~ P~a~aph 25(c), (City, State and Zip C~de) (City, State and Zip Code) (City, St.s~ and Zip Code} (City. State and Zip Code) ZOOM FLLrlVEE, L.L.C., a Delaware Address: tirnlt;ed liability company, by HINES INTERESTS LIMITED P,O. Box 5115 PARTNERSt-KP, a Delaware limited Aspen, CO 81612 partnenhip, as Managing ML-mber, by Telephone: (970) 920-1710 HINES HOLDINGS, INC., a Texas " Fax No.: (970) 920-3955 Robert E. D~iel, (date) Vice-President The under~Ened Broker(s) a~-l~owledges and co,~4~,-ms its broker relationship as set forth in ParaETaph 25(c). SELLING AGENT: Address: COMPANY: Br. : (date) Telephone: Fax No.: L_) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, ACKNOWLEDGING AND ENDORSING THE TRANSIT ALTERNATIVES TO BE INCLUDED WITHIN THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PROCESS FOR THE ROARING FORK VALLEY TRANSPORTATION CORRIDOR INVESTMENT STUDY Resolution # 99 o ~ l WHEREAS, the Roaring Fork Railroad Holding Authority (hereinafier "RFRHA") was created on December 31, 1994, through an Intergovernmental Agreement between Pitkin County, Eagle County, Garfield County, the City of Glenwood Springs, the City of Aspen, The Town of Carbondale, the Town of Basalt, and the Town of Snowmass Village. The purpose of forming RFRHA was to conduct the public purchase, management and planning of the transportation and recreational use of the Aspen Branch of the Denver & Rio Grande Western Railroad Right-of-way (hereinafter the "Property") as an asset to the people of the Roaring Fork Valley and the State of Colorado; and WHEREAS, On June 26, 1997, the member governments of RFRHA amended and restated the Intergovernmental Agreement as follows: a. Member government participation was modified to make Garfield County a non-voting, non-funding entity for management and planning of the Property. However, Garfield County did retain voting status on the approval of the Comprehensive Plan for the Property. b. The Colorado Department of Transportation, Great Outdoors Colorado, and the Pitkin County Open Space and Trails Board were added as non-voting entities that did not participate in the funding of the management and planning of the Property. c. The underlying purpose of RFRHA was modified to state that: ~. the purchase of the Property will satisfy the mutual, immediate goal of the participating entities to retain the Property for the good of the general public use; ii. the primary use of the Property under the future Comprehensive Plan will be as a public transportation corridor; and iii. secondary uses of the Property can include recreational opportunities and access to adjacent public lands, provided that these secondary uses do not preclude the primary use as a public transportation corridor; and WHEREAS, on June 30, 1997, RFRHA purch,ased the property from Southern Pacific Transportation Company; and WHEREAS, as a part of the purchase of the property, RFRHA made a commitment to carefully evaluate the feasibility of using some or all of the property for a valleywide transit and trail system, develop a comprehensive master plan, and determine the best use for the property. This work, which is known as the Corridor Investment Study (CIS) began in October of 1997 and will be concluded by July 1, 1999; WHEREAS, at the beginning of the CIS process, a list of"Project Objectives" was developed by attendees of the public scoping sessions, citizen task forces, the CIS Policy Committee, and the RFRHA Board. These objectives, which are listed below, are being used to evaluate the study alternatives: Affordability and Economic Viability Community Based Planning Environmentally Sound Flexibility Increased Transportation Choices Integrated Approach to Transportation Planning Livability Safety Trails and Recreational Resource; and WHEREAS, forty-seven (47) technology options, nineteen (19) propulsion options, sixteen (16) station options, and five (5) alignment options were developed through public and agency scoping meetings, citizen task force meetings and CIS policy committee meetings. These options were put through a series of screening processes including a "reality check" screening, and a "fatal flaw" screening. The options remaining after these two screening process were as follows: Remaining Technology Options: No-Build (do nothing), Improved Bus/Transportation Systems Management (TSM); Build Bus on dedicated guideway; Build Rail on a dedicated guideway. Remaining Propulsion Options: Diesel, gasoline, hydrogen internal combustion, electric (battery), electric (overhead catenary), electric (hybrid), liquid propane gas, and natural gas. Remaining Potential Station Zocations: West Glenwood Springs, Glenwood Springs, South Glenwood Springs, State Highway 133, Downtown Carbondale, Hooks Spur, Basalt High School, Emma, Willits area, Midland Avenue (Basalt), Old Snowmass, Aspen Village,'Woody Creek, Brush Creek Road, and the Pitkin County Airport. Remaining Alignment Options: Alignment "A": Use the existing rail corridor from Glenwood Springs to a location north of Brush Creek road where it crosses to State Highway 82 and runs into Aspen. Alignment "B": Use the existing rail corridor from Glenwood Springs to a location north of Gerbazdale where it crosses over to the State Highway 82 and runs into Aspen. Alignment "C": Use the existing rail corridor from Glenwood Springs to an area near Catherine Store (CR 100) and then cross over the State Highway 82. Continue to follow State Highway 82 to Wingo Junction and then return to the rail corridor. This alignment option could use either Alignment "A" or "B' to cross to State Highway 82 in the upper valley and continue into Aspen. Alignment "D": Use the existing rail corridor from Glenwood Springs to the area near Emma where it crosses over to State Highway 82. Continue to follow State Highway 82 to the Wingo Junction area and then return to the rail corridor. This alignment option could use either Alignment "A" or "B" to cross to State Highway 82 in the upper valley and continue into Aspen. Alignment "E": Use the existing rail corridor from Glenwood Springs to the Sutank river crossing near State Highway 133 befoi-e Carbondale. Continue to follow State Highway 82 to the Wingo Junction area and then return to the rail corridor. This alignment option could use either Alignment "A" or "B" to cross to State Highway 82 in the upper valley and continue into Aspen; and WHEREAS, on December 18, 1998, after several months of technical review and study, the citizen task forces recommended to the CIS Policy Committee that the following "Build" alternative be carried forward in the study with the "No-Build" and Improved Bus/TSM" alternative: Build Technology: Rail BuiH Alignment: Alignment "C" with a crossing at the Brush Creek area. Build StatiOn Locations: West Glenwood Springs, Glenwood Springs, State Highway 133, Downtown Carbondale, Willits area, Midland Avenue, Brush Creek Road. BuiH Propulsion Options: Diesel, gasoline, hydrogen internal combustion, electric (battery), electric (overhead catchary), electric (hybrid), liquid propane gas, and natural gas. The CIS Policy Committee voted to accept the citizen task force recommendation with the condition that a decision on the crossing in the upper valley was to be deferred until both alignments and crossing could be visited in the field on January6, 1999. The RFRHA Board accepted and approved the CIS Policy Committee's recommendation; and WHEREAS, on January 6, 1999, the CIS Policy Committee voted to accept the Lower Gerbazdale crossing as a part of the preferred "Build" alternative. The Preferred Build Alternative will be vigorously .compared against the "No-Build" alternative and the "Improved Bus/TSM" alternative as a part of the continuing CIS process. From these three alternatives a "Locally Preferred Alternative" will be selected and adopted by RFRHA no later than July 1, 1999. A full description of all three alternatives to be Considered is attached as Eihibit "A". NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado that it hereby acknowledges and endorses the three alternatives being carried forward as a part of the Roaring Fork Valley Transportation Corridor Investment Study with the following comments and observations: 1. If, through the Draft Environmental Impact Statement process, it is found that the "build alternative" on alignment "C" is too cost prohibitive or otherwise infeasible to carry forward, RFRHA should consider including the Build Alternative on alignment "A" within the Final Environmental Impact Statement. 2. If, through the Draft Environmental Impact Statement process, it is found that the "build alternative" with the Gerbazdale crossing is too cost prohibitive or otherwise infeasible to carry forward, RFRHA should consider including the Build Alternative with a crossing north of Brush Creek Road within the Final Environmental Impact Statement. 3. All of the railroad right-of-way that is not used for transit improvements should be reserved for future transportation uses. Under the Build Alternative, this includes the portion of the right-of-way between Woody Creek Road and Lower Gerbazdale and the portion of the right-of-way between Wingo Junction and Catherine Store Bridge. RESOLVED, APPROVED, AND ADOPTED THIS DAY OF ,1999, by the City Council for the City of Aspen, Colorado. John S. Bennett, 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 April 12, 1999. Kathryn S. Koch, City Clerk EXHIBIT "A" Glenwood Springs to Aspen/Pitkin County Airpor[ CIS/DEIS/CP Alternative Definitions Revised Draft 1/19/99 The Glenwood Springs to Aspen/Pitkin County Airport CIS/DEIS/CP project has developed three alternatives to be studied in the Draft Environmental Impact Statement being prepared for the study corridor. These alternatives were deyeloped by, and in c~5ordination with, the Citizen Task Forces and Policy Committee following an extensive screening process: These ahematives are defined below and are subject to change. I. The No-Build Alternative This alternative assumes that only "committed" or currently approved transportation projects are constructed in the corridor between now and the year 2020. The No-Build Alternative includes the following: · Existing 4 general purpose lanes from Glenwood Springs to Basalt · Construction of 2 lanes from Basalt to Buttermilk Ski Area with one southbound lane used for high occupancy vehicles CHOVs) during the A.M. peak and one northbound lane used for HOVs during the P.M. peak hours per the East of Basalt to Buttermilk Ski Area Record of Decision (ROD) · Construction of 2 lane parkway from Buttermilk Ski Area m the intersection of 7`~ Street and Main Street in Aspen · Construction of Light Rail Transit (LRT)from Rubey Park in Aspen to the Aspen/Pitkin County Airport (bus transfer facility at the LRT terminals) o_[r construction of a dedicated 2-1ane busway if the LRT is not funded by the local governments per the Entrance to Aspen ROD. · Implementation of Incremental Transportation Demand Management (TDM) in Aspen per Entrance to Aspen ROD (see Attachment 1 and Exhibit I ) · Construction of Park-and-Ride lots - parking spaces include no more than: 3600 at airport. 750 at Buttermilk, 450 Glenwood Springs, 500 Carbondale, 500 E1 Jebel, 500 Basalt. 400 Brush Creek Road per East of Basalt to Buttermilk Ski Area ROD and Entrance to Aspen ROD · Construction of a new Maroon Creek Bridge per the Entrance to Aspen ROD · Implementation of RFTA Transit Development Plan ~TDP) dated 4/8/96 (see Exhibit 2 for summary) and TDP updates · Construction of Midland Avenue extension to SH 82 in Basalt, including construction of downyalley sliplane · Construction of a new bridge and alternative route over the Roaring Fork River in Glenwood Springs (Four Mile Connection) · Placement of New Traffic Signals at Old Snowmass, Buttermilk, Elk Run (Basalt), Aspen Village, 7lh Street, 5tn Street, ya Street, and Garmisch Street per the East of Basalt to Buttermilk Ski Area ROD and Entrance to Aspen ROD · Improvements to various bicycle and pedestrian trails between Basalt and Aspen per the East of Basalt to Buttermilk Ski Area ROD and Entrance to Aspen ROD · Development of valley wide trail system The other two alternatives all assume the No-Build Alternative as a starting point. In other words, all of the No-Build Alternative improvements are constructed as well as the additional improvements descrinGed in the akemative. However, for the Rail] Build Alternative, portions of the No-Build may not be necessary. For example, some park-and-rides may be unnecessary. or smaller than described in the No-Build Ahemalive. ~ aSod Zoluuama3 .,YI/V d~/5l~(I/SD ~oa.~!V xaunoD u.t>t~!d/uaasV o~ sZu!xl5 poo~ualD Alternative Definitions REVISED DRAFT. 1/19/99 · Wildlife Warning Reflector System - Reflectors that direct the headlights of approaching vehicles at animals desiring to cross the road · Video Surveillance - Visually monitor traffic conditions at two key locations (can alert enforcement people and provide information to web site) · Traffic Sig'nal Operation and Optimization - Modification of traffic signals to provide and respond to. real-time traffic information using acoustic detection · Traffic Data Collection - Installation of one new Remote Traffic Microwave Sensor (RTMS) along State Highway 82 to provide traffic volumes, travel speeds, and occupancy · Incident Management ProSam - Development of an incident management program that establishes . policies and procedures, agency responsibilities and communication. and identifies various technologies and strategies to decrease time to clear incidents (i.e. Courtesy Patrol) III. Rail/Build Alternative This alternative optimizes the use of rail technology in the study corridor. The study corridor follows alignment "C" between Glenwood Spfings and the Aspen Airport using varying portions of the existing rail fight-of-way, the State Highway 82 right-of-way, and new connecting fights-of-way. Specifically, this alignment begins at the West Glenwood intemhange in Glenwood Springs, follows the Union Pacific Railroad right-of-way to downtown Glenwood Springs where it connects to the existing P-,.FR.HA rail corridor. It then follows the existing rail corridor through Glenwood Springs and Carbondale to the Catherine's Store area. It then crosses the Roaring Fork River and follows the S.H. 82 alignment through E1 Jebel and Basalt. After the Basalt station, the alignment follows the existing rail corridor through Snowmass Canyon to the Gerbazdale area. At Gerbazdale, the alignment crosses the Roaring Fork River using the lower Gerbazdale crossing and follows S.H. 82 to Brush Creek Road. From Brush Creek Road, the alignment follows the S.H. 82 corridor to the Aspen Airport. The Rail/Build Alternative includes: · Stations along the alignment at: · West Glowhood · E1 Jebel - Downtown Glenwood · Basalt · S.H. 133 · Brush Creek Road · Downtown Carbondale · Aspen Airport (part of No-Build LRT system) · Other stations roay be considered at S. Glenwood and Aspen Village depending upon operating charactefistics · Construction or rehabilitation of a single track with passing areas · Implementation of an enhanced feeder system m bring transit users to stops along the express route. The feeder system may consist Of community vans or local buses · A cross-platform timed transfer at the LRT terminal at Brush Creek Road or direct service to downtown Aspen using the LRT tracks · All elements identified in the No-Build Alternative except at follows: · RFTA's TDP would not be 'implemented · The number of park and ride spaces required may be reduced · The LRT terminal would be located at Brush Creek Road instead of the Airport · All TSM applications identified in the TSM alternative with the following.changes: · DOes not include the enhanced mainline bus system · Traniit.,'HOV priority treatment on S.H. 82 only where feeder buses operate · Includes real-time information monitor~ at the train stations · Includes automated fare payment system fare machines at the train stations Glenwood 5t~rin~s m Asoon/ Pitkin County Air~or~ CIS/DEIS/CP MK Centennial Page 3 Alternative Definitions REVISED DRAFT. 1/19/99 Attachment 1, Bus System for the No-Build A:lternative The No-Build Alternative bus system is based on elements of the RFTA Transit Development Plan (TDP) likely to be in place by 2020. These include: · Mainline bus system running between a West Glenwood Springs Park and Ride and the ASpen/Pitkin County Airport. This operates at existing headways. This system will use existing S.H. 82 except where it uses U.S. 6 and local streets to connect with West Glenwood. · Transfer between the mainline bus system and the Light Rail Transit (LRT) system at the Aspen/ Pitkin County Airport. The LRT system runs into Aspen. · Park and ride/transit stations will be located at: · West Glenwood (south of the Roaring Fork River) · Downtown Glenwood Springs (assumed near County. Courthouse) · Carbondale (along S.H. 82 just east of the S.H. 133 intersection) · E1 Jebel · Basalt · Brush Creek Road · Aspen/Pitkin County Airport · The mainline bus will also stop at other existing stops along S.H. 82. · Feeder bus service includes: · Rifle to downtown Glenwood Springs. This would add 3 upvaltey a.m. peak hour runs, 3 downyalley p.m. peak hour runs and one mid-day round trip · Gtenwood Springs (replaces existing Glenwood Springs Trolley service). This serves Four Mile corridor, Glenwood Park, Mountain Valley neighborhood, Walmart. Grand Avenue, Midland Avenue. downtown, Hot Springs Pool, and a West Glenwood park-and-ride (park and ride assumed to be on the south side of the Colorado River). This is continuous aI1 day, 1 hour service. · Town of Carbondale (continuous all day, 1 hour service). This serves downtown Carbondale. the High School. Grey Ranch, Hendrick Road. 8th Street. and the park and ride/transit station. · E1 JebeI and Basalt. This serves, E1 Jebel. Willits Lane. Two Rivers Road, Midland Avenue. the Basalt High School and the Basalt .park and ride/transit center, · Redstone to Carbondale (2 runs in the a.m. peak hour and 2 runs in the p.m. peak hour) · Other · Connect with private bus service between Sunlight and Glenwood Springs. This could be operated by RFTA and would be used for ski season only. Two a.m. peak and two p.m. peak hour run~ are assumed. · Continue existing bus routes in upper valley: · Woody Creek (connects to LRT at Aspen/Pitkin County Airport) · Snowmass Village · Cemetery Lane · Hunter Creek · Construct Maroon Creek Transit Center Glenwood Springs to Aspen/Pitkin County Airport CIS/DEIS/CP MK Centennial Page 4 Alternative Definitions REVISED DRAFT. 1/19/99 Attachment 2, Bus System for the Improved Bus/TSM Alternative The Improved bus/TSM Altemative includes development of an optimal bus alternative on the existing State Highway 82 aliamont. This incorporates the same headways as envisioned for the Build alternative. This bus system includes: · Mainline express bus system running between a West Glenwood Springs Park and Ride and the Aspen/Pitkin County Airport. This operates at the same headways as proposed for the Build Alternative (ie: if the Build Alternative runs trains every 30 minutes, the Improved busFrSM Alternative runs mainline buses every 30 minutes). If demand allows, this service could operate at shorter headways (ie: if two buses are required to meet the demand for 30 minute headways, one bus could be operated on 15 minute headways to meet the same demand. This system will use existing S.H. 82 except where it uses U.S. 6 to connect with West Glenwood. · Transfer between the mainline express bus system and the Light Rail Transit (LRT) system at the Aspen/Pitkin County Airport. The LRT system runs into Aspen · Park and ride/trangit stations for the bus service will be located at: · West Glenwood · Downtown Glenwood Springs (assumed near County Courthouse~ · The S.H. 82/Colorado Mountain Collage(CMC) intersection · Carbondale (just north of the S.H. 133 intersection) · El Jebel · Basalt · Brush Creek Road · The mainline express bus will not stop at other existing stops along S.H. 82 · . Feeder bus service operates at the same headways as the mainline express bus service except as noted. This service includes: · Rifle to downtown Glenwood Springs. This would add 3 upvalley a.m. peak hour runs, 3 downvalley p.m. peak hour runs and one mid-day round trip. · West Glenwood Springs service. This would operate between a west Glenwood park and ride and a downtown Glenwood transit station. · Glenwood Springs service. This serves Buffalo Valley, Four Mile corridor, Glenwood Park, Mountain Valley neighborhood, a transit station at Walmart, Grand Avenue, Midland Avenue, and the downtown Glenwood transit station. · Town of Carbondale service. This serves downtown Carbondale. the High School, Grey Ranch, Henririck Road, 8`h Street, and the park and fide/transit station. · Redstone to Carbondale service (2 runs in the a.m. peak hour and 2 runs in the p.m. peak hour) · E1 Jebel/Basalt Service. This serves Blue Lakes, the E1 Jebel park and fide/transit station, Willits Lane area, the Basalt park and ride/transit station. Basalt High School, and downtown Basalt. · Basalt to Brush Creek Road service. This runs along S.H. 82 providing local service between the Basalt park and ride/transit station and the Brush Creek Road park and fide/ transit station. Glenwood 5orings to Aspen/PitIcirl County Airr~ort CI5/DEIS/CP MK Centennial Page 5 Alternative Definitions REVISED DRAFT. 1/19/99 · Other · Connect with private bus service between Sunlight and Glenwood Springs. This could be operated by RFTA and would be used for ski season only. Two a.m. peak and two p.m. peak hour runs are assumed. · Feeder bus service is not operated between C.M.C. sou~h of Glenwood and Carbondale. The Glenwood to Carbondale segment is serviced by the park and ride station at CMC and Glenwood feeder bus service operating north of CMC. · Continue existing bus routes in upper valley: · · Woody Creek (this connects with the Brush Creek Road park and ride/transit station) · Snowmass Village · Cemetery Lane · Hunter Creek · Construct Maroon Creek Transit Center Glenwood S~>rings to Asl~en/ Pitkin County Airport CIS/DEIS/CP MK Centennial Page 6 Alternative Definitions REVISED DRAFF. I/19/99 Attachment 3, Feeder Bus System for the Build Alternative The Build Alternative includes development of a feeder bus system to serve the mainline rail stations. This feeder bus system incorporates the same service and headways as envisioned for the mainline rail system and includes the following service: · Rifle to downtown Glenwood Springs. This would add 3 upvalley a.m. peak hour runs, 3 downvalley p.m. peak hour runs and one mid-day round trip · West Glenwood Springs service. This would operate between a west Glenwood park and ride and a downtown Glenwood transit station. · Glenwood Springs service. This serves Four Mile corridor, Glenwood Park. Mountain Valley neighborhood, and Walmart on the south, and uses Main Street and Midland Avenue to serve downtown Glenwood and the downtown Glenwood transit station. · Glenwood Springs to Carbondale service. Provides local service along S.H. 82 between the downtown Glenwood Springs transit station and the Carbondale park and ride/transit station. · Town of Carbondale service. This serves downtown Carbondale, the High School. Grey Ranch, the downtown Carbondale transit station, and the S.H. 133 park and ride. · Redstone to Carbondale service. This includes 2 runs in the a.m. peak hour and 2 runs in the p.m. peak hour. · El Jebel/Basalt Service. This serves Blue Lakes, the E1 Jebel park and ride/transit station, Willits Lane area, the Basalt park and ride/transit station, the Basalt High School. and downtown Basalt. · Basalt to Brush Creek Road service. This runs along S .H. 82 providing local service between the Basalt park and ride/transit station and the Brush Creek Road park and ride/transit station. · Other · Connect with private bus service between Sunlight and Glenwood Springs. This could be operated by RFTA and would be used for ski season only. Two a.m. peak and two p.m. peak hour runs are assumed. · Continue existing bus routes in upper valley: · Woody Creek (this connects with the Brush Creek Road park and ride/transit station) · Snowmass Village · Cemetery Lane · Hunter Creek · Construct Maroon Creek Transit Center C:L. MyFiles\projectsXjnI57324~creening~altelef7.wpd. Glenwood Springs to Aspen/Pitkin County Airport CIS/DEIS/CP MK Centennial Page 7 *MEMORANDUM* Date: 03/05/98 To: Mayor and City Council CC: Tabatha Miller, Cathy Derby From: Amy L. Margerum, City Manag Subject: Consent: Request for Funds As discussed at your Brown Bag Lunch, please find attached a request for funds for the Aspen School District's fifth grade class to work on a City cleanup day. The class will coordinate this event with Brian Flynn, our Environmental Ranger. The requested $1,000 will be funded from City CounciFs Contingency. ALM-04/05/99-g:\\CCMEM,DOC Ap~-05-99 08:01A VALLA Vallarta Vacations 4/2/99 Amy Margerum, _ City Manager 130 South Galena St. Aspen, CO 81611 Dear Amy, As we discussed briefly on the phone I am representing Willard Clapper's" fifth grade class in asking the City of Aspen to help Mr. Clapper's class to May 1, 1999. There would be at least 21 kids participating and an additional 25-35 adults and we would canvass the downtown area (and any other area if the city so desires) for 4-6 hours, depending on the level of debris. We will provide as many garbage bags as necessary. We are asking that the City of Aspen give the kids $1000 for their work that day but would be happy to discuss some other mount. The kids in Mr. Clapper's class are working hard to raise money for this very educational trip and would appreciate any help you can offer. Since iy, ,,~ t o 720 E. Hyman Ave., Aspen, Colorado 81611 (970) 925-5823 FAX (970) 544-9769 *MEMORANDUM* Date: 03/05/98 To: Mayor and City Council From: ager Subject: Consent: Request for Funds Please find attached a request for funds for the annual Girls to Women, Women to Girls program. As City Council discussed at your Brown Bag Lunch, the requested funds of $500 would come from the City Council Contingency Budget which has a balance of over $60,000. ALM-O4/OS/99-g:\\CCMEM.DOC f ".unda[m 1580 Logan S~l'eet~ Suite ~00 ~enver, Co~o~ado 80203 Ea~: 303-832-8S62 e-mail: wfc0~yfc0.0rg Febma~ 19, 1999 ~y Margemm The C~y of Aspen Dear ~y, On April 23, 1998 the Woman's Foundation ofCo!~rado, No~e~ B~ ~pine Ba~ ~d Boo~es sponsored the first "~fts m Women, Women to ~rls" pm~ a~ two locations, Vail and Snowmass. There were about 300 eighth Srade girls, bussed from about six schools, a~ending each evere. The Sno~ass event was held at the Snowmass Conference Cemer, which was provided Br a minimal fee. Appro~mately one hundred women from t~oughout the Roaring Fork V~ley volunteered their time to m~e the evem a success. A commiUee of dedicated volunteers is planning a second evem m t~e place on this ye~'s "T~e your Daughters to Work Daf' April 22. The Sno~ass Conference Cemer has a~eed once again to donate the space ~d the Woman' s Foundation is again the p~ma~ sponsor. ~1 the public ~d private schools in the valley have agreed m p~icipate ma~ng this a school-sanctioned aaivity. The day is designed to expose the ~ls m the many ~eer op~ties available for them. The morning will be spent in a~ivities designed for adolescem ~rls including a bo~d gme tffied "~ Income of her Os" w~ch t~ches gkls about money and will be facilkated by women famili~ with the financial world, ~d ~ imera~we game titled "What' s my Line" featuring women employed in unique c~eers: Lunch will be catered by the P~adise Bake~. The main poaion of the day will be the Career Fair where the girls will have the oppo~u~ty tot~k w~h women from about 50 differera ~eer paths. The day will end w~h ~ exciting keynote spe~er. Last ye~ Janet tt~e spoke to the girls about her experiences as the only female race car driver m finish in the mp ten at the Indie 500 ~d her many challenges and ac~evements su~ounding that ac~mplishmem. We are asking The City of Aspen for a grant of $500 to help cover the costs of the lunch and transportation. The enclosed budget sheet shows the expenses and funding . sources. We appreciate your consideration of this exciting program for girls. You can help open the door to opportunity for hundreds of girls at a critical time when choices made now may affect their entire lives, The Girls to Woman program is truly a step toward self- sufficiency, economic security and a brighter future for the girls of the Roaring Fork Valley. Sincerely, Jill Uris, Chair, Girls to Women Trustee, Woman's Foundation of Colorado 1415 Sierra Vista Drive Aspen, Co 81611 970/925-2033 fax 920-1953 GIRLS TO WOMEN BUDGET 1999 Uris Draft 4/5/99 Transportation 1,000 Food ($Sper person) 2,000 Keynote 200 Games Audio-visual 500 Location (cleanup only)200 Mail/Printing 300 Supplies 100 Phone/Postage 200 Staff 2,558 Movement Workshops 200 Photography 150 Miscellaneous 300 Total 7,708 The Woman's Foundation will donate about $3,000. We hope to raise the remaining $4,708 through local grants. MEMORANDUM ~ $ j TO: Mayor and Council THRU: City Manager' s and Finance 's Office THRU: Steve Aitken, CGC/~rector of Golf and Tim Anderson, Director of Leisure Services FROM: Richard C. Coulombe,CGCS, Assistant Golf Superintendent DATE: April 7, 1999 RE: Request for Transfer of Funds From Golf Fund Excess Cash Over Reserves to Golf SUMMARY: The funds requested will be used for the continued implementation of the Master Plan.. We are also moving foreword with future planning and expansion. We are asking for a total of $59,175.00 for our Supplemental Budget Request. These funds Will be placed into Construction Fees- Capital Administration (471.94.51000.82700). All funding for these supplemental requests will come from the Golf Funds excess cash over reserves. BACKGROUND AND DISCUSSION: The Golf Advisory Committee started looking at improving the Aspen Col f course approximately six years ago. A Master Plan was approved by the Golfers of Aspen, City Council and the Blue Ribbon Committee. The Golf department is continual!y focusing on improving the serVice levels of Aspen's Golf facility. Each year we hope to accomplish several improvements from the Master Plan. As the Master Plan moves towards completion there is an increased level of maintenance due to additional tree care, more complex bunkering systems, additional lakes and manicured turf (ie new and larger Tees). There will also be a reduction of maintenance and costs with the installation of drought tolerant species and native areas and a more efficient irrigation system. This Supplemental Budget Request concerns several issues the Golf department would like to accomplish in 1999. 1 .Continued Master Plan Improvements: a. City project number Cart Path/Tee Construction = $157,000.00 b.Contingency = 15,700.00 c. Additional Can Path Area ~ 25,000.00 d. One storm shelter --- 15,000.00 e. Labor = 5,000.00 f. Trucking = 6,000.00 g. Topsoil = 6,000.00 h. Sod/Sand = 10,000.00 i. Architects fees = 5,000.00 j .. Mist. Irrigation Upgrades = 8,000.00 TOTAL = $252,700.00 This brings the total projected costs for Construction Fees- Golf Course Improvements (471.94.51000.82700) to $252,700.00. The initial appmved budget is $134,500.00. Carry foreword from 1998 is $59,025.00. This will bring the 1999 Appropriation Budget Request to $59,175.00. ALTERNATIVES: The Aspen Golf department is an enterprise fund and all revenues are put back into the GolfFund..These supplemental requests will be funded from excess cash over target reserves. If Council decides not to move foreword with these improvements the Master Plan will not become a reality. MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Lee Gassin, Environmental Health Director FROM: Brian Flynn, Environmental Ranger Rick Magneson, Community Safety Officer DATE: April 5, 1999 RE: Wildlife Protection Ordinance SUMMARY AND BACKGROUND: The summer of 1998 was a very active year for wildlife, specifically for bears. Five bears were killed due to their interactions with humans and trash. Citizens brought concern after concern to the city and asked that something be done to help reduce the potential conflicts between humans and wildlife. It is apparent that there is a need to protect our wildlife and the need to coexist with them in a way that prevents wildlife from being jeopardized. In response to the citizen's concerns a valley wide task force was set up which included several different agencies: CDOW, USFS, City of Aspen, Pitkin County, Snowmass Village and Wilderness Workshop. Several meetings were held and it was decided that Snowmass Village would pass the ordinance first, followed by Aspen, and then the county would take any necessary measures. With the help of the Bear task force we drafted the idea of the wildlife protection program and all it's components. DISCUSSION: A two part program has been recommended by the bear task force in order to help protect these animals. 1)Education: A) The annual malling by the Aspen Police department "Living with Bears" brochure. B) In conjunction with CDOW, Pitkin County and the City of Aspen, a video is being produced which will run on local television stations. C) Meetings are being set up to target property management companies and educate them on how to make sure wildlife are not attracted to their trash. D) An insert that will accompanythe next city newsletter will explain the importance of this program and what individuals can do. 2) Enforcement of the new ordinance will only be used in the event that all other methods have failed. Prior to taking any enforcement actions, city staff will speak with individuals and help find alternatives that work for them. There are three ways that a citizen in the City of Aspen will be able to comply with the new ordinance. 1 ) Keeping all trash and trash containers inside a secure structure until the morning of pick up, and returning them to the structure by 6:00 PM the same day. 2) Using a wildlife resistant container, which can be provided by the current trash hauler, or purchased by the responsible party. This can be as simple as installing a latching lid. 3) Build an enclosure that would prevent wildlife from entering and accessing the trash. This could be as simple as extending doors on existing enclosures, or building a small enclosure for an individual home. We believe that this approach will help prevent the deaths of a number of bears and reduce the spread of disease in other wildlife. Also, since the use of wildlife resistant containers or enclosures will be required, it will have a direct effect on the overall cleanliness of the alleys and streets. Containers that are more secure prevent trash from being blown around and collecting in our streets and alleys. A two month grace period will start when the law goes into effect. FINANCIAL IMPLICATION: Because we believe that education is the key to making this change easy for citizens, we are asking for $2,000 for education purposes. $1,500.00 will cover the cost of production of an education piece that will go out to all of the citizens as an insert with the city newsletter. The educational piece will explain the reasons for the new ordinance and different ways people can comply. $500.00 will pay for the production of a video to mn on local networks and advertisements in the newspapers. RECOMMENDATION: Staff recommends approval of the proposed ordinance. ALTERNATIVES: Continue with the educational program and hope that people will take it upon themselves to provide proper trash storage. People could be required to retrofit their trash container only if wildlife has gotten into it. This could be accompanied by a fine of $250.00 2 PROPOSED MOTION: Staff recommends the following motion: "I move to approve Ordinance !~, Series of 1999, which provides for the adoption of a new chapter for the Aspen Municipal Code entitled "Wildlife Protection." CITY MANAGER COMMENTS: OrCDINANCE NO. 13 SmES 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A CHAPTER ENTITILED "WILDLIFE PROTECTION,'! WHICH PROTECTS WILDLIFE BY REQUIRING THE USE OF WILDLIFE RESISTANT CONTAINERS AND WILDLIFE RESISTANT DUMPSTER ENCLOSURES. · WHEREAS, five bears were killed in 1998 due to their interactions with humans and trash, and WHEREAS, citizens of the City of Aspen, Colorado, voiced their concerns regarding wildlife to the City and asked that something be done to help reduce the potential of conflicts between humans and wildlife, and WHEREAS, there is a need to protect our wildlife and the need to c0-exist with wildlife in a way that prevents wildlife from being jeopardized, and WHEREAS, in response to the citizen concerns, a valley wide task force was set up which included CDOW, USFS, the City of Aspen, Pitkin County, Snowmass Village and Wilderness Workshop, and WHEREAS, meetings were held in which it was decided that Snowmass Village would pass a wildfife protection ordinance first (which has been done) and that Aspen would then follow suit, and WHEREAS, the Bear Task Force drafted the idea of a wildlife protection program and all its components, and WHEREAS, the health, welfare, and best interests of the community necessitate the adoption of a wildlife protection chapter, and ' WHEREAS, the City Council desires to adopt for the benefit of the city of Aspen the following code addition. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 That the Municipal Code of the City of Aspen, COlorado, is hereby amended by the addition of a new chapter, 12.08 Wildlife Protection, which shall read as follows: CHAPTER 12.08 WILDLIFE PROTECTION 12.08.010 Definitions. The definitions and terms used in this Chapter are defined as follows: (1) Wildlife means any non-domestic mammal indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. (2) Wildlife resistant refuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. Wildlife resistant refuse containers must be approved by a City Community Safety Officer or Environmental Ranger. (3) Wildlife resistant dumpster enclosure means a fully enclosed structure consisting of four sides and a roof with one side accommodating a door. The sides of the structure must extend to the ground and the door cannot have more than a two-inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access. The door shall have a latching device of sufficient design and strength to prevent access by wildlife. Wildlife resistant dumpster enclosures must be approved by a City Community Safety Officer or Environmental Ranger. (4) Special event means an outdoor gathering such as a concert, conference or festival. (5) Enforcement officer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger. (6) Refuse container means any trash can, dumpster, or similar device used for the collection and storage of solid waste. 12.08.020 Wildlife Resistant Refuse Containers or Enclosures Required. Between the dates of April 15th and November 15th, all refuse containers, regardless of size, that receive refuse edible by bears or other wildlife shall be either an approved wildlife resistant refuse container or a refuse container which is stored within a building, house, garage or appr0ve.'d wildlife resistant dumpster enclosure. 12.08.030 Maintenance and Operation of Wildlife Resistant Refuse Containers and Dumpster Enclosures. A. Wildlife resistant refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. If a container or enclosure is damaged. allowing access by wildlife, repairs must be made within one (1) week after written notification by a Community Safety Officer or Environmental Ranger. 12.08.040 Residential Refuse Disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside the home or garage shall store their refuse in a wildlife resistant refuse container or enclosure approved by a City Community Safety Officer or Environmental Ranger. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way only on the morning of pickup. After pickup the containers must be re-secured inside the home, garage or wildlife resistant enclosure by 6 p.m. 12.08.050 Special Event Refuse Disposal. Outdoor special event sites shall be kept flee from the accumulation of refuse edible by wildlife. RefuSe must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife resistant containers or enclosures or be removed to an appropriate disposal site. 12.08.060 Feeding of Wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. .B. Bi~d feeders are allowed. Howe~,er between the c~ates of April 15th and November 15th, all feeders must be suspended on a cable or other device sO that they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. 12.08.070 Construction Site Refuse Disposal. All construction sites must have a designated container'that receives refuse edible by wildlife. This container shall be either a wildlife resistant refuse container, or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. 12.08.080 Interference with Enforcement Officer. No person shall interfere with, molest, hinder or impede the enforcement officers in the discharge of their duties as herein prescribed or violate any of the provisions of this Chapter. 12.08.090 Enforcement. A. Enforcement officers may issue a warning notice or summons and complaint to any person in violation of this Chapter. B. An enforcement officer shall have the right to inspect property concerning any wildlife concern or potentia! wildlife attractant. 12.08.100 Penalty Assessment. Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be unlawful and subject to the penalty provisions in section 1.04.080 of this Code. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. This ordinance shalI not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any other ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4. A public hearing on the ordinance shall be held on the day of ,1999, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the day of ,1999. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed, and approved this dgy of .1999. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager ~/ THRU: Tim Anderson, Recreation Agency Director FRo :Oeorge 'uc k,Aspen O=den,, 7? DATE: April 6, 1999 RE: Replacement of Radiant Heating System SUMMARY: City Council consent is requested for the replacement of the rinkl current radiant heating system from current AMP monies. These monies will be repaid if the Bond Issues passes on May 4th. BACKGROUND: The replacement of the rink~ radiant heat system was scheduled for 1999 but was moved to 2000 and was included in the Recreation Facilities Bond request for the May 4th ballot. CURRENT ISSUE: The radiant heat system is 20 years old and has had operational problems all winter. Most of the piping in the radiant heat sections is rusted, flaking and starting to pin hole. Repairing the system is not practical due to the amount of piping that is failing. The best time for replacement of the system will be in May when the ice is out and the debris from the removal of the old system will not impact the ice surface. Failure to replace the radiant heat system will result in colder than normal rink for the coming winter season and most people feel that-its already pretty cold in here. FINANCIAL: The estimated cost of the replacement is estimated at $ 30,000 dollars. This money is requested from the 1999 AMP Fund. Should the May 4th Recreational Facilities Bond question pass then it is suggested that the $30,000 be repaid to the AMP once the bond money is available. RECOMMENDATION: Staff recommends that Council grant its consent to give $ 30,000 from the 1999 AMP for the replacement of the rink's radiant heat system with the provision that the monies be repaid if the May 4th Bond issue passes. PROPOSED MOTION: Council approves by consent the use of $30,000 dollars from the 1999 AMP for the replacement of the Ice Garden radiant heat system. CITY MANAGER COMMENTS: MEMORANDUM TO: Mayor and Council THRU: .Amy Margerum, City Manager THRU: Tim Anderson, Recreation Agency Director FROM: George Pucak, Mgr. Aspen Ice Garden/dZ/ DATE: April 6, 1999 RE: Replacement of Radiant Heating System SUMMARY: City Council consent is requested for the replacement of the rinks current radiant heating system from current AMP monies. These monies will be repaid if the Bond Issues passes on May 4th. BACKGROUND: The replacement of the rinks radiant heat system was scheduled for 1999 but was moved to 2000 and was included in the Recreation Facilities Bond request for the May 4th ballot. CURRENT ISSUE: The radiant heat system is 20 years old and has had operational problems all winter. Most of the piping in the radiant heat sections is rusted, flaking and starting to pin hole. Repairing the system is not practical due to the amount of piping that is failing. The best time for replacement of the system will be in May when the ice is out and the debris from the removal of the old system will not impact the ice surface. Failure to replace the radiant heat system will result in colder than normal rink for the coming winter season and most people feel that its already pretty cold in here. FINANCIAL: The estimated cost of the replacement is estimated at $ 30,000 dollars. This money is requested from the 1999 AMP Fund. Should the May 4th Recreational Facilities Bond question pass then it is suggested that the $30,000 be repaid to the AMP once the bond money is' available. RECOMMENDATION: Staff recommends that Council grant its consent to give $ 30,000 from the 1999 AMP for the replacement of the rink's radiant heat system with the provision that the monies be repaid if the May 4th Bond issue passes. PROPOSED MOTION: Council approves by consent the use of $30,000 dollars from the 1999 AMP for the replacement of the Ice Garden radiant heat system. CITY MANAGER COMMENTS: THROUGH: MANAGER /C THROUGH: TABATHA MILLER, FINANCE DIRECTOR THR 0 UGH: SHEILA STEINA UER, BUD GET DIRECTOR THROUGH: ED SADLER, ASSET MANAGER FROM: PHIL OVEREYNDER, WATER DIRECTOR~Z-~;.'~~ DATE: APRIL 1, 1999 SUBJECT: 1999 APPROPRIATION REQUEST FOR 1998 METER REPLA CEMENT PROGRAM SUMMARY: The Water Department is requesting $21,000 in additional t999 AMP funding to complete the meter replacement program that was begun in 1998. These funds will be used to purchase and change out eight dual register compound water meters that are not in compliance with current City of Aspen Water Standards. These eight meters are very old and inefficient. The potential for inaccurate readings and lost water sales revenue are very high on these meters. In addition, all usage calculations have to be done manually and all readings from these meters have to be obtained offofthe actual meter instead ofa remote. Since these eight meters are on large water accounts that represent a high percentage of annual water usage, we feet it is in the city's best interest to increase the efficiency of our current meter reading process and water revenue by replacing these eight meters. PREVIOUS COUNCIL ACTION: Council approved $39,600 for meter replacement as part of the 1998 budget process. FINANCIAL IMPLICATIONS: The total estimated cost for meter replacements is $60,600, requ'ring an additional appropriation of $21,000 beyond that already approved by Council in 1998. 1998 revenues for meter sales to water customers exceeded the budgeted amount by $21,000, offsetting this increase in cost. The Water Department has sufficient savings in the 1998 AMP to fund the requested $21,000. The Water Department is returning $197,433 from 1998 savings on other Asset Management projects to the Water Fund. These savings are available to offset the increased cost proposed for this request. RECOMMENDATIONS: The Water Department recommends that the meter replacement project for the eight large inefficient water meters be accomplished in 1999. ALTERNATIVES: Work on additional meter replacements. could be deferred or eliminated. This may result in potential revenue loss to the Water Fund. PROPOSED MOTION: I move that the City _ _ authorizing a $21,000 appropriation from the Water Fund to the 1~99 Water AMP budget. CITY MANAGER COMMENTS: Sheet1 WATER DEPARTMENT AMP ROLLOVERS FROM 1998 TO 1999 BUDGET $'S BACK TO WATER CAPITAL PROGRAM $'S TO BE ROLLED TO FUND '1999 AMP BUDGET 19,142 SYSTEM TELEMETRY (SCADA) 0 0 MAINLINE REPAIR/REPLACEMENT 44,821 43,526 STORAGE TANK IMPROVEMENTS 0 0 DP EQUIPMENT 16,554 1,737 WORK EQUIPMENT 2,500 943 VEHICLES 0 0 MAROON CREEK PIPELINE 5,572 0 MEADOWOOD/HIGHLANDS INTERCONNECT 149,489 20,434 PRV/VALVE REPLACEMENT 0 10,000 GROUND WATER FACILITIES 0 0 RAW WATER DISTRIBUTION 314,228 (1,175) STORAGE BUILDING 0 0 STREAM GAUGING 9,674 39,979 GEOGRAPHIC INFO SYSTEMS 0 3,475 EAST PLANT UPGRADES 0 45,000 HUNTER CREEK UPGRADES 0 2,272 MAROON CREEK IMPROVEMENTS 0 (97,772) HYDRANT REPLACEMENT PROGRAM 0 47,152 PUMP STATION UPGRADES 0 0 METER REPLACEMENT 3,213 (20) PLANT IMPROVEMENTS 0 276 SITE IMPROVEMENTS 0 8,707 THOMAS RESERVOIR HYDRO 0 0 WATER RENTAL UNIT 0 0 REDS/WRIGHT INTERCONNECT 77,247 (14,129) WATER PLACE UNIT PURCHASE 0 905 MAROON CREEK HYDRO 0 43,034 CASTLE CREEK PIPELINE 0 25,000 HIGHLANDS WATER & SAN DISTRICT 0 (780) WATERS AVENUE SPRINKLER 0 (273) MAROON/CASTLE ROUNDABOUT 0 0 SNYDER WATER MAIN 139,176 197,433 TOTAL 752,574 Page I · 1998 ANIP CARI~i" FORWARD REQUEST 1998 CFWD ESTIMATED 1998 1998 INTO COMPLETION ACCOUNT PROJECT STATUS BUDGET YTD 1999 DATE /421. qh~ ~oa~4i~e- ~ce~-Jr roJ~:d i WATER FUND - LONG RANGE PLAN 1996 1997 1998 1899 2000 2001 2002 2003 2004 2005 2006 2007 Actual Actual Actual Es8mated Budget Projected Projected Projected Projected Projected Projected Projected REVENUE (t| Water Demand Service 1,149.763 1,117,549 1.087.581 1,275,000 1,312.000 1.374,860 1,439,606 1,506,294 1,574,983 1,645,732 1,718,604 1,793,662 It) Water Variable Service 1,103,223 995,989 1,032,099 1,100,000 1,100,000 1,122,000 1,144,440 1,167,329 1,190,676 1,214.489 1,238,779 1,263,554 (2) Other Water User Fees 218,189 . 279.373 378,866 477,800 372,800 455,548 469,353 483,330 497,797 512,769 528,266 544,306 Tap Fees 1,545,730 1.585,744 1,497.301 1.300.000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 (2l Other Revenue 45,977 44,828 34,419 60,300 60,800 61,968 62,142 62,322 62.508 62,201 62,900 63,107 Investment Interest 205,121 292,723 217,914 92,172 37,255 41,748 59,934 97,294 149,705 206.865 265.908 329,946 Electric Fund-Utility Billing/Cust 68.618 78,273 97;321 101.214 105,262 109,473 113,852 118,406 123,142 128,068 133,191 138,518 EXPENSES Operating (3) Labor 628,192 677,637 745,055 779,242 860,981 895,420 931,237 968,487 1,007,226 1,047,515 1,089,416 1.132,992 (3} Supplies and Services 556,866 .389,925 370,733 453,241 453,241 471,371 490,225 509,834 530,228 551,437 573,494 596.434 Other Expense GerleralFund-Overhead 400,778 411,614 399,697 456,594 472,770 489,594 507,091 525,287 546,298 568,150 590,876 614,511 General Fund - Overhead (AMP) 12,594 13,098 13,687 16,793 17,465 18,16.3 18,890 19,645 20,431 21,249 22,098 22,982 Debt; Debt Service Expens~ & Fees 1,417,206 1,404,110 0 0 0 0 0 0 0 0 0 0 Asset Mgmt. Plan Expenses 874,345 1,661,890 2,566,170 3.067,861 1,363,500 1,190,050 976,000 493,200 516,700 513,200 537.700 538,700 : AMP Fleet Trade tn {5,000) (8,O00) {50,250) (10,000} :=; 1998~,MP Carry Forward 762,574 ~ OTHER USES OF FUNDS Land Payment-to General Fund O 0 500,O00 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,O00 500,000 Return on Capital-General Fund 0 0 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 5Q0, O00 Inc. (Dec.) Working Capital 251,102 89,692 Prior Year End Cash 3,032,242 3.729,994 3,658,583 2.905,941 781,022 709,182 960,131 1.436,613 2,455,134 3,533,060 4,701.123 5,935,186 3,729,984 3,655,683 2,905,841 781,022 709,102 960,731 1,436,613 2,455,134 3,533,060 4,701,123 5,935.186 7,262,660 LESS: RESERVE BALANCES {4) Target Reserve 600,000 400,000 254,862 284,312 300,743 312,425 324,574 337.209 350.697 364,725 379,314 394,487 79 MEMORANDUM V I t TO: Mayor and City Council C~k/,/ THRU: Amy Margerum, City Manager THRU: Joyce Ohlson, Deputy Planning Directc~ FROM: Amy Guthrie, Historic Preservation Officer r~ RE: Ordinance No. 6, Series of 1999 930 King St. ('No Problem Joe)- Clarification to Approved Historic Landmark Lot Split, Landmark Designation Grant Parcel I.D. 2737-073-00-037 DATE: April 12, 1999 SUMMARY: On September 28, 1999, through Ordinance No. 20, Series of 1998, Council approved a historic landmark lot split for the property at 930 King Street, former home of "No Problem Joe." During the course of the Council review, the applicant was asked to make changes to the proposal, including creating a shared driveway between the two new parcels, and respecting certain setbacks to address neighborhood issues. These changes were reflected on the site plan that ultimately received Council approval. It was not recognized at the time of approval that the ordinance listed the newly created lot sizes incorrectly, as they had been proposed before amendments were made. In preparing to file their required subdivision exemption plat, the applicant noted that their site plan and ordinance did not coincide and staff determined that a new ordinance would have to be approved to correct this error. (On March 22, 1999, Council granted a 30 day extension to the plat and subdivision exemption agreement filing deadline to allow enough time to correct the situation.) The previous ordinance also inadvertently omitted a $2,000 landmark designation grant typically given to all new landmarks as an incentive. Staff recommends that Council adopt the attached ordinance, which correctly reflects the lot sizes created by the lot split, and approves a $2,000 landmark designation grant. Please note that the wording of condition "If' has been slightly modified from the original approval, after further discussion between the applicant, an adjacent property owner, and planning and zoning staff. The height of the buildings constructed on the 1 property will be measured to the site elevations which existed in 1975, prior to fill activity. APPLICANT: No Problem Joe, LLC, represented by Gibson Reno Architects. LOCATION: 930 King Street (see attached Exhibits), R-15A zone district. BACKGROUND: The site in question (approximately 13,343 s.f.) currently contains three (3) separate structures. The house was built in the late 1800's and is approximately 432 square feet in size. It is a one-story, cross-gabled structure with a covered front porch, three rooms, and other features typical of mining era structures. It is in extreme disrepair. The other two structures on the site, also in poor condition, include a smokehouse and an outhouse, both of which are probably of a similar age. The applicant has landmarked the property and received HPC final design approval. PROCESS: The following standards from the Land Use Code.apply to and are to be utilized in the review and evaluation of a historic landmark lot split. Staff has provided "responses" to each standard to assist Council in making findings regarding this application. HISTORIC LANDMARK LOT SPLIT REVIEW STANDARDS: The Historic Landmark Lot Split shall meet the requirements of Section 26.88.030(A)(2) and (5), Section 26.100.050(A)(2)(e), and Section 26.72.010(G). Section 26.88.030(A)(2), Subdivision Exemptions, Lot Split. The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Response: The lot has not been previously subdivided. b. No more than two (2) lots are created by the lot split, both lots.conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)( 1 )(c). Response: Two lots are created, both of which conform to the requirements of the R- 15A zone district. An Accessory Dwelling Unit has been approved for the new residence on Lot A. 2 c. The lot under consideration, or any pan thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)( 1 )(a); and Response: No previous lot split exemption was granted. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Response: The filing of said subdivision plat shall be a condition of this approval. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Response: The applicant has 180 days from the original approval of the lot split (September 28, 1998) to file the plat and subdivision exemption agreement. Because of the amendment entailed in the attached ordinance, Council approved an additional 30 days, so that the plat must be filed by April 28, 1999. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Response: No dwelling units will be demolished. g. Maximum potential buildout. for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single2family home. Response: A total of two units will be created. Section 26.88.030(A)(5), Historic Landmark Lot Split. The following standards must be met: a. The original parcel shall be a minimum 0f9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Response: The parcel is approximately 13,343 square feet which is larger than the required 13,000 square feet and is located in the R-15A zone district. b. The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Response: The duplex FAR which would have been allowed for the lathering parcel, which in this case is 4,384 square feet, plus an FAR bonus of 250 square feet from HPC, will be divided between the new parcels. Lot A will be developed with a new single family residence of 2,889 s.f. LOt B will contain 1,745 s.f. (which includes the FAR bonus.) The applicant has indicated on the attached previously approved site plan that Lot A will be an 8,748 square foot parcel, and Lot B will be a 4,594 square foot parcel. These lot .sizes and floor areas must be indicated on the plat. c. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Response: Setback variances have been requested and approved by the HPC for the historic structure. An FAR bonus has also been approved by the HPC. Section 26.100.050(A)(2)(e), GMQS Exemption by the Community Development Director, Historic Landmark Lot Split. The construction of a new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be exempted from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings. Response: An exemption by the Community Development Director was previously granted via Ordinance No. 20, Series of 1998 and is reiterated in the attached ordinance. Section 26.72.010(G), Historic Landmark Lot Split. The development of all lots created pursuant to section 26.88.030(A)(5) shall be reviewed by HPC at a public hearing. Response: The HPC held a noticed public hearing and recommended approval of the lot split, the exact detail of which was later revised at City Council. RECOMMENDATION: Staff recommends that City Council approve the historic landmark lot split application for 930 King Street, with the lot sizes and assigned floor areas as clarified in Ordinance No. 6, Series of 1999. Staff further recommends that the City Council approve a $2,000 landmark designation grant for the property. All other conditions of Ordinance #20, Series of 1998, as follows¢ remain in effect. 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval by City Council, which shall be extended to April 28, 1999. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code; b. Contain a plat note stating that development of Lot A shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. The two lots created by this lot split shall have a total allowable base FAR, on both lots combined, equal to 4,634 square feet of floor area prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot A containing 8,748 square feet and Lot B containing 4,594 square feet. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot A will be 2,889 s.f. and 1,745 square feet of floor area on Lot B (the two historic outbuildings will remain). The information verified by the City Zoning Officer shall be included On the plat, as a plat note; e. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R15A zone district, except the variances approved by the HPC, f. That the base elevation from which building height will be measured is hereby established by the topographic elevation of the site in 1975, prior to fill activity. 5 g. That the two lots will share a common driveway on King St. The common driveway will be 10' wide at King St. to the front setback line and then widened as necessary to provide adequate maneuvering room between the two garages. This requirement shall be reflected on the final exemption plat and shall contain language addressing a cross-access easement between the two properties. h. That both Neale St. and King St. will have a front yard setback of 25'. i. That the development of both Lots A and B have received HPC Final Development approval in accordance with Section 26.72.010. 2. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.88.030(A)(2)(e), with an extended deadline for filing by April 28, 1999. 3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees. 4. All material representations made by the applicant in this application and during public hearings with the City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by City Council. 5. That the construction of a new single-family dwelling on Lot A created through this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) is exempted by the Community Development Director from residential Growth. Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings, in accordance with Section 26.100.050(A)(2)(e). RECOMMENDED MOTION: "I move to adopt Ordinance No. 6, Series of 1999." CITY MANAGER'S COMMENTS: Exhibits: Ordinance No. 6, Series of 1999. Exhibit "A" - Staff memo dated April 12, 1999. Exhibit "B" - Application February 26, 1999 ~ ~.~ .~,C DAVlD MS. Amy Gutkfie, ~istoric Preservation Officer .-~ ~ c DevelopmentDepa~ent ~ ~-~/ 130 South Galena St. As~n, CO 81611 i AUGUST RENO AIA ~ Pr6~lem ~6e SCOTT AIA I h~ve a~aehed info~ation regarding ~e ~stoffc Lot Split for the March g, 1999 Ci~ Council meeting. As you ~ow this submission is required became of a minor lot split III The total ~rea o~the tot is ]3,340 SL We would propose that the lot be split imo ~o parcels so that the weste~ lot ~]] be ~74~ S~ and the e~t lot is 4,594 SE ~e ~oor are~ 0f~e proposed ho~es ~ll be 2,795 SF for t~ western ho~e ~d 1,669 SF for the e~t lot. This info~ation ~neludes: COlombo l. Vie~ni~ map 2. Legal description 970.925.59o8 3. Histo~c lot split 4. Li~ of adjacent prope~ o~ers 5. Lot split su~ey map (reduced) 070.925.5993 Th~ for yo~ ~sismnce conce~ng ~s project. Ple~e contact me if you should have ~y questions. no. BOX 278 R ec~ll~s,~ ~ SU~T~ Le~onh co; H. Ca~ FACSn~tLE ATTACHMENT 3 I~r!~TORIC LOT SPLIT The applicam requests an Historic Lot Split per Sections 26.88.30 (A) (2), 26.100.050 (A) (2) (e), and 26.72.010 (G). The proposed Historic Lot Split complies with Section 26.88.030 (A) (2). This property has never been subdivided before; will only create two (2) lots; ~d will only construct two (2) units plus an affordable dwelling unit. The proposed I"~sto~c Lot Split complies with Section 26.72.010 (G) and Section 26.100.050 (A) (2) (e) if the property is designated as an Historic Landmark. ATTACHMENT 4 LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET. J:"~Oi',l: ~PJE~ C~TY SU~UE"r'S PHONE NO.: ~50 K/fi~ 5Wrs~, , · k z ',., " Lot & ' 0 ZO1 Ac± ' ;-- , 70· / '-, ~' ' Let B ' ' 4,5,~4 sq -224? ,, ..... ." -.2. '-. .,/ ORDINANCE NO. 6 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AND A LANDMARK DESIGNATION GRANT FOR 930 KING STREET, CITY OF ASPEN WHEREAS, pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) of the Municipal Code, an Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation CommisSion (hereinafter HPC); and WHEREAS, the applicant, NPJ, LLC, requested and received approval via Ordinance No. 20, Series. of 1998, to split the 13,343 square foot parcel to create two separate single-family residential lots; and WHEREAS, Ordinance No. 20, Series of 1998 incorrectly represented the lot sizes that would be created by the approved site plan; and WHEREAS, the error must be corrected through adoption of a new ordinance; and WHEREAS, due to the late discovery of the error in the ordinance, the applicant requested and received a 30 day extension in the deadline to file the subdivision exemption plat and subdivision agreement; and WHEREAS, the applicant also requests a $2,000 landmark designation grant, which was not awarded in Ordinance No. 20, Series of 1998; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the requests, with conditions as originally established in Ordinance No. 20, Series of 1998; and WHEREAS, the Aspen City Council has reviewed and considered the clarification to the approved lot split and landmark designation grant under the applicable provisions of Chapters 26.72 and 26.88 of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the clarification of the lot sizes created by the Historic Landmark Lot Split, with conditions, meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to SeCtions 26.88.030(A)(2) and (5), 26.72.010(G), and Section 26.76.020 of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the clarification of the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and, 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.88.010 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does hereby approve the historic landmark lot split application for 930 King Street, with the lot sizes and assigned floor areas as clarified below. All other conditions of Ordinance #20, Series of 1998, as follows, remain in effect. 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code; b. Contain a plat note stating that development of Lot A shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. The two lots created by this lot split shall have a total allowable base FAR, on both lots combined, equal to 4,634 square feet of floor area prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot A containing 8,748 square feet and Lot B containing 4,594 square feet. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot A will be 2,889 s.f. and 1,745 square feet of floor area on Lot B (the two historic outbuildings will remain). The information verified by the City Zoning Officer shall be included on the plat, as a plat note; e. Contain a plat note stating that all new developme~t on the lots will conform to the dimensional requirements of the R15A zone district, except the variances approyed by the HPC. f. That the base elevation from which building height will be measured is hereby established by the topographic elevation of the site in 1975, prior to fill activity. (See Exhibit 1.) g. That the two lots will share a common driveway on King St. The common driveway will be 10' wide at King St. to the front setback line and then widened as necessary to provide adequate maneuvering room between the two garages. This requirement shall be reflected on the final exemption plat and shall contain language addressing a cross-access easement between the two properties. h. That the front yard setbacks from both Neale St. and King St. will be 25'. i. That the development of both Lots A and B have received HPC Final Development approval in accordance with Section 26.72.010. 2. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.88.030(A)(2)(e). 3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees. 4. All material representations made by the applicant in this application and during public hearings with the City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by City Council. 5. That the construction of a new single-family dwelling on Lot A created through this Historic Landmark Lot Splk pursuant to section 26.88.030(A)(5) is exempted by the Community Development Director from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings, in accordance with Section 26.100.050(A)(2)(e). Section 3.' A 2,090 landmark designation grant is hereby awarded to NPJ, LLC. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: 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 6: A public hearing on the Ordinance was held on the 12th day &April, 1999, 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 once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of March, 1999. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORIVI: John Worcester, City Attorney FINALLY, adopted,. passed and approved this 12th day of April, 1999. John Bennett, Mayor ATTEST: Katht3'n S. Koch, City Clerk I I ~ x L,I I' / ~ I /I · ~1 1 .. / I I I 7922.7 x · x7925.4 \ / /'/ \ / / x7924.8 / KING 7925. MEMORANDUM TO: MAYOR AND COUNCIL THR 0 UGH: AMY MAR GER UM, CITY MANAGER THROUGH: JOHN WORCESTER, CITYATTORNEY FROM: PHIL OVEREYNDER, WATER DIRECTOR~ DATE: MARCH16, 1999 SUBJECT: SECOND AMENDMENT TO I~4TER SERVICE AGREEMENT- NOR TH SPRUCE STREET WATER LINE EXTENSION ORDINANCE NO. ~ SUMMAR Y: Four existing single family lots located on North Spruce Street, outside the current City limits but adjacent tothe Williams Ranch and Silver Lode Subdivisions, have been approved for water service via the private water system to which the City delivers water pursuant to a water service agreement approved by Ordinance No. 41 (series of 1997) and amended by Ordinance No. 27 (series of 1998). The lots that may receive water service from the private water system are owned by Dr. Richard C. Phillips, Raymond N. Auger, Donna and Albert G. Timroth, and the Porath Family Trust. Raymond N. Auger owns two lots included within the area served pt~rsuant to the Noah Spruce Street Water Service Agreement, but contends that one of the lots, Lot 3, is not subject to the water service agreement and could be served by a well. However, Mr. Auger wishes to have water service provided to Lot 3 from the private water system, and has agreed to accept terms and conditions required by the City Planning Department in order to obtain such service. Therefore, although staff does not agree with his contention that Lot 3 could have an individual well, the matter appears to be moot. PREVIOUS COUNCIL ACTION: Council approved the original North Spruce water service agreement in December, 1997 by Ordinance No. 41 (series of 1997), and approved the first amendment in August, 1998, by Ordinance No. 27 (series of 1998). Council has thereby approved delivery of City water to the private water system in an amount sufficient to provide ~ervice to the four .lots, with a total commitment of 13.8 ECUs. The City Council has adopted policies which guide staff in reviewing applications to extend water service outside corporate limits. These adopted policies are sununarized in Resolution No. 5, Series 1 of 1993, and are further elaborated in Resolution No. 49, Series of 1993. Council found that extension of water service to a private water system to serve the North Spruce Street lots comports with its policies. PROPOSED PROJECT DESCRIPTION: Tt~e proposed project entails connection of the Auger Lot 3 to the North Spruce private water main, which is connected to an existing private pump station and water distribution system serving the Silver Lode Subdivision. The North Spruce water main extends westerly along Silver Lode Drive to a point of cormection on Noah Spruce Street and then extends to the northerly limits of Spruce Street. BACKGROUND: This memo addresses how the proposed second amendment to the North Spruce Water Service Agreement complies with Resolution No. 5. Potable Water Delivery Capacity- and Service to Existing Customers (Findine 12i of Resolution N o~ 5): The already-approved North Spruce water main extension is able to serve four single family lots located on North Spruce Street by use of the existing private water system. This amendment will contim that the Auger Lot No. 3will also be served from this main. Application of the other criteria of Resolution No. 5 are discussed in detail in my memo to Council dated November 5, 1997. A copy of that memo is attached. Sufficiency of Water and Water Treatment Capacity' (Findine 12ii of Resolution No. 5): Water availability as measured by the capacity of the water treatment facilities and the ability of area streams to support water demand was addressed in the 1994 Raw Water Supply Availability Study (Enartech Consultants, 1994). This study concluded that with the development of additional well capacity, sufficient raw water and treatment capacity was available to meet the service needs Of continued gro~rth within the City, its existing service areas, and all immediately adjoining areas under consideration for expanded service. The study considered the effects of municipal water demands as they relate to maintenance of instream flows as required by adopted City policy. Water demand for the proposed North Spruce Street water service extension was not addressed in this study. However, the total demand for additional service to these two lots is small in comparison to the expected growth in water demand at buildout of the service area. The total water supply commitment for the four lots as measured in Equivalent Capacity' Units (ECU's) is 13.8. With the addition of the Auger Lot No. 3, the total commitment will be 18.6 ECU's. This compares with a total projected availability of over 200 uncommitted ECU's for extension of service outside of the present service area. Financial Impact and Water Rates (Findin~ 12iii and 12vi of Resolution No. 5): The project is located in Billing Area No. 2 on the City's water service maps. Staff prepared an analysis of cost recovery for each of the seven billing areas in December, 1995. Staff found that the cost of providing water service to this area was being fully recovered through the existing rate structure. 2 It is not anticipated that it will be necessary to revise the water demand, tap fee and water consumption charges for this area. Aspen Area Community Plan (AACP) Consistency (Finding 12vi of Resolution No. 5): The City Community Development staff found that the original proposed extension was consistent with the AACP. The County Community Development staff had no objection to the original proposed North Spruce extension provided that there were additional opportunities for comment in the event that additional subdivision of. the lots to be served is proposed at a later date. Paragraph 1 of the North Spruce Water Service Agreement ensures that there would be an additional review in this event and ensures the owners were advised that the City is making no representations that any future development would be provided with additional water. The City Planning Department has concluded that water service to the Auger Lot 3 will be consistent with the AACP if the property owner agrees to certain conditions. (See letter from Milch Haas, dated February 22, 1999, attached as Exhibit B .) The property owner has done so, as can be seen from Exhibit C. Relationship to Environmental Goals and Utilization of Raw Water (Finding 12v and 12viii of Resolution No. 5): The North Spruce water service agreement provides an extension of service to a developed area which has utilized wells for inside use and for landscape irrigation. Staff believes that the rate of failure of existing wells in the area indicates that the aquifer is not capable of providing a reliable long range supply. There are no other sources of water. Staff therefore finds that it is appropriate to permit the Auger Lot 3 to connect to the private water system, and that it is not feasible to use raw water for irrigations purposes. The North Spruce water service agreement (Paragraph lb) is structured to allow only those lot owners who have State well permits allowing outside water use to connect to the private water system while maintaining existing wells for irrigation purposes, and only if the property owner elects to do so at the time of signing the water service agreement. Lot owners with existing wells for inside use are permitted to retain the wells until such time as they choose to connect to the private water system, but will be charged a fee for water availability. There is no existing well on Auger Lot 3, so this lot will be connected to the private water system directly. Annexation (Finding xi of Resohtion No. 5): By the inclusion Auger Lot 3 within the area covered by the North Spruce water service agreement, Mr. Auger has already agreed to the annexation provision. The Second Amendment clarifies that the annexation provision applies to Lot 3, since Mr. Auger has taken the position that Lot 3 is not within the area presently covered by the North Spruce water service agreement. Adequacy of Water Facilities: Water Department staff previously determined that the proposed plans for the private water system conformed to the adopted standards for water system construction, with the exceptions previously noted (see "Current Issues"). Dedication of Water Rights: Mr. Auger has no water rights to offer the City to satisfy this policy. An in-lieu cash payment will be required to satisfy the policy under Paragraph 6 of the Water Service 3 Agreement. In addition, Mr. Auger will be required to pay an in-lieu fee to offset the cost of municipal well development. CURRENTISSUES: The North Spruce water extension extended an existing private water system which serves the highest lots in the Silver Lode Subdivision (adjacent to Williams RanCh). The private water system, including a separate pump station, was created to serve lots located above the "8040-green line" elevation on Smuggler Mountain where no pumped service is available and no existing water storage tanks serve the area. The Silver Lode Homeowners Association, which operates the private water system, agreed to expand its area of operation to include the lots to be served on North Spruce Street. Water Department staff recommends that the original pumped system serving the upper lots in Silver Lode Subdivision and any subsequent expansions of the system remain as a private system. The reliability of this system without a storage tank is inherently less than the acceptable City service level. RECOMMENDATION: Staff recommends that the Second Amended Water Service Agreement be introduced for first reading. PR OPOSED MO TION: i move to approve Ordinance No. g implementingtheSecondAmended Water Service Agreement, which adds one lot to the North Spruce Street water main extension. CITY MANAGER COMMENTS: C:\hornezobinl,x~?'wp61\council\spruce_cncrnem,~?d 4 In 1997 and 1998, City Council approved a water service agreement to serve certain lots located next to the Williams Ranch and Silver Load Subdivisions. These lots are owned by Dr. Richard C. Phillips, Raymond N. Auger, Donna and Albert G. Timroth, and the Porath Family Trust. A provision of the water service agreement required the owners to agree not to dig any wells on the property covered by the water service agreement in exchange for City water service. Most recently, the Augers have claimed that a certain lot which they own in the same area is not part of the water service agreement and therefore not subject to the prohibition against drilling wells. City staff disagrees, but for the reasons that follow, the dispute regarding the ability to dig wells is moot. The Augers wish to be connected to city service and have agreed to accept terms and conditions required by the City Planning Department for the development of their lot in order to obtain city service. For this reason, staff recommends amending the previously approved water service agreement to include the Augers lot as further described in Phil's memo. ORDINANCE NO. (g Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE SECOND AMENDMENT TO THE NORTH SPRUCE STREET WATER SERVICE AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, ALBERT G. TIMROTH AND DONNA M. TIMROTH, AND THE PORATH FAMILY TRUST, FOR PROVISION OF TREATED WATER SERVICE TO SERVE AN ADDITIONAL PROPERTY LOCATED ON NORTH SPRUCE STREET. WHEREAS, the City Council has approved Ordinance No. 41, Series of 1997, which provides for extension of water service to a private water system to serve the properties on North Spruce Street owned by Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna M. Timroth and Ordinance No. 27, Series of 1998, to allow the private water system to serve an addit'ional lot on North Spruce Street owned by the Porath Family Trust; and WHEREAS, the foregoing persons whose lots have been approved for service via the private water system are herein referred to as the Owners; and WHEREAS, one of the Owners, Raymond N. Auger, has asked that the water service agreement be amended a second time so that a second lot owned by him on North Spruce Street, Lot 3 of the Cora Lee Subdivision, will be approved to receive water service pursuant to the North Spruce Street Water Service Agreement, for a total of 4.8 ECUs; and WHEREAS, the North Spruce Street Association, which is empowered to act on behalf of Ow~ners, has requested that the water service agreement be amended a second time to include one additional lot to be connected to the private water system; and WHEREAS, Lot 3 of the Cora Lee Subdivision and all of the properties to be served by the private water system are located in Pitkin County, and not within the City limits of the City of Aspen; and WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be madd pursuant to an agreement with the City and in accordance with the City of Aspen water main extension policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract, water rights dedication and bond requirements as it deems necessary to safeguard the best interests of the City; and WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as amended, policies to guide municipal water system development and services beyond the City limits; and WHEREAS, said policies require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen; and WHEREAS, the City Council has had an opportunity to review with City staff the proposed Correction to Property Description concerning the requested amendment to the existing North Spruce Street Water Service Agreement to include service to Lot 3, Cora Lee Subdivision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed provision of additional City water to the North Spruce Street private water system to serve Lot 3, Cora Lee Subdivision, located on North Spruce Street outside the City limits of the City of Aspen, is in the best interests of the City and substantially complies with the City of Aspen water policy for extraterritorial services, as set forth in Resolution No. 5, Series of 1993, as amended, and therefore agrees to that said Lot 3 may be connected to the private water system located on North Spruce Street in Pitkin County, and that the City will provide sufficient water to the private water system to serve Lot 3 on the terms and conditions set forth in the Second Amendment to City of Aspen Water Service Agreement attached hereto as Exhibit A and incorporated herein by reference. 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 ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. A public hearing on the ordinance shall be held on the day of ,199_, 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 ,199_. John S. Bennett, Mayor Attest: Katl~ryn S. Koch, City Clerk FINALLY ADOPTED, PASSED AND APPROVED THIS DAY OF ,199_. John S. Bennett, Mayor Attest: Kathryn S. Koch, City Clerk SECOND AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT This Second Amendment is made , 1999, to that certain Water Service Agreement entered into December 15, 1997, in Aspen, Colorado. The parties to this Second Amendment are the City of Aspen, a Colorado municipal corporation and home role city whose address is 130 South Galena Street, ASpen, Colorado 81611 (hereafter the "City"), and North Spruce Street Association, an unincorporated entity authorized to act on behalf of those persons identified as "Owners" in the Water Service Agreement and the First Amendment to that Water Service Agreement. In consideration of the mutual promises and covenants set forth below, the parties and the Raymond N. Auger ("Auger") agree as follows: 1. The above-described Water Service Agreement was recorded with the Pitkin County Recorder on May 27, 1998 at Reception No. 417351, and is herein referred to as the North Spruce Street Water Service Agreement, The First Amendment to Water Service Agreement and Pretapping Agreement was recorded with the Pitkin County Recorder on March 8, 1999, at Reception No. 428533, and is herein referred to as the "First Amendment." 2. The North Spruce Street Water Service Agreement and the First Amendment set forth the terms and conditions under which the City agreed with Owners to provide municipal water service to a private water system to be constructed, owned, operated, maintained, repaired and replaced by Owners and their successors. The Pretapping Agreement executed in connection therewith authorized certain connections of individual service lines to the water main in advance of connection of the service lines to structures. Paragraph l 1 of the North Spruce Street Water Service Agreement provides that other interested parties may connect to the private water system upon amendment of the North Spruce Street Water Service Agreement and payment.by such parties of any recoupment charges imposed by Owners in addition to tap fees and other payments to be made to the City pursuant to the North Spruce Street Water Service Agreement. Paragraph 8 of the First Amendment authorizes the North Spruce Street Association to approve the connection of any additional lots to ihe private water system. 4. Auger is owner of the property described on Exhibit A, and referred to herein as "Lot 5. Auger has requested permission from the North Spruce Street Association and the City to connect Lot 3 to the private water system, in order to provide water service of up to 4.8 ECUs to a single family residence to be constructed on Lot 3. Auger has agreed to pay all recoupmerit fees required by Owners, and has paid to the City the well system development fee and payment in lieu of water rights required by the City. Auger will pay to the City when due all utility hookup charges and water system connection charges (tap fees) required by the City. Lot 3 will not be pretapped. second amendment 031699 6. Auger, by executing this Amendment, agrees, on behalf of himself, his successors and assigns, to be bound as the Owner of Lot 3 to all of the terms and conditions of the North Spruce Street Water Service Agreement, the Pretapping Agreement (to the extent applicable), and the First Amendment. Auger specifically represents that he is familiar with, and agrees to be bound by, those provisions regarding annexation of Lot 3. Auger also agrees that Lot 3 is subject to the requirements set forth in Exhibit B, items A through G (memo dated February 23, 1999, from Mitch Haas to Tamara Pregl). 7. Noah Spruce Street Association and the City hereby agree that Lot 3 will be subject to the North Spruce Street Water ServiCe Agreement and the First Amendment, and that Auger, as Owner of Lot 3, will be subject to all of the terms, conditions, benefits and burdens of the Water Service Agreement and the First Amendment. 8. Auger acknowledges that the North Spruce Street Association, which has organized, managed and advanced funds for the planning, permitting and construction of the private water system infrastructure, has the exclusive right to grant him the right to tie in to the private Water system and to charge him a recoupment charge in addition to tap fees and other payments to be made to the City. The Noah Spruce Street Association hereby grants Auger the right to tie in upon payment of his agreed upon recoupment charge. 9. The City agrees that by the addition of the Auger Lot 3 as a lot to be served pursuant to the North Spruce Street Water Service Agreement, the City shall provide treated water service to the private water system in an additional amount not to exceed 4.8 ECUs, or a maximum of 2.0 acre- feet per year. The total amount of water to be provided in paragraph 1 of the North Spruce Street Water Service Agreement and the Pretapping Agreement is therefore 18.6 ECU's with a maximum of 7.03 acre feet per year. 10. Auger' s address for purposes of paragraph 29 of the Noah Spruce Street Water Service Agreement and paragraph 10 of the Pretapping Agreement is as shown in the North Spruce Street Water Service Agreement. Said address may be changed for purposes of either agreement as therein provided. 11. This Second Amendment shall be recorded at the expense of the North Spruce Street Association. 12. Except as otherwise herein specifically amended, the North Spruce Street Water Service Agreement, the Pretapping Agreement and the First Amendment remain in full force and effect. Dated: CITY OF ASPEN ATTEST: By: second amendment 031699 66911~0 lu~mpu~m~ puoa~s NOIiVIOOSSV J,~I~TJ, S ~tOfi~[dS Hi~ON ~[volD ?~!D ~o~gI4 '~ouuoH u~4of APR. ?.1989 9:16AM LAW OFFICES N0.164 SECO`NI) CORRECTION OF PROPERTY DESCRIFrlON (This is a second correction given in order to provide a correct legal description of the property described as ~Raymond and C~milh Auger Property" in Addendure I tn that certain Water Service Agreement dated December 15, 1998, and recorded with Pitkin CoutyRecorder atReceptiou `Number 417351 ~ page 27 of 46, on May 27, 1998, which legal description was initially corrected by th~_t certaiu Correction of Propert], Description dated August 10, 1998, and recorded with the Pitldn Count~ Recorder at Reception .No. 428533, pages 16 and 17 of 17 on ]viarch 8, 1999. Following a lot line adjustment on said property, this second correction is required. The undcrsi~ncd acknowledge that the legal descriptions of tM property identified in the above- named Wster Service A~rccrncnt as the "Raymond ~nd C~milla Auger Propercy" and in the Correction of Property Description dated August 10, 1998 must be Corrected, and that the Ixmpcrty description a~ached go file Correction of Property Description dated August 10, 1998 is hereby replaced in i~s antitory with the legal description sitached hereto as Bxhibi1 A and incorporated heroin by reference. References to the "Subject Property" in the above-referenced Water Service A~recmcnt and any axnendments, addcnda end cxhibit~ ~ereto are deemed to include the property described 'on Bxhibit A hereto THIS CORRECTION DOES NOT P, ELATE TO LOT ~ OF THE CORA LEE SUBDM SION, WHICH LOT IS ALSO O~V`NED BY i~A~q~IOND N. AL'GER, &~q) V~qIICH LOT IS SUBJECT OF THE SECO~q) AMtZ~gNIE`NT TO TIlE ABOyE..TDESCRIBED WATER SERVICE AGREEMtLV]F. Dated: March22: 1999. CITY OF ASPBN RAYMOND N. AUOBP, M~yor Ci~ Ctcrk. s= of OZ_O DO ) Bubsofibod ~d sworn to b~for~ me b~,t~aymond ~.. Aug;or, :o~ ;this. a~-C~ day of · . '[ -XVim~s m~ hand ~md official ':' "' "" ""' ' ~ ~ ~ Myco '.", ", "a .,. ' ~ .' ' RF'N, '7'. :Z'::jc3~ ~: :ZE, RM LRIA OFFICES NO, .3. E,4 P. 3 Har'-24-99.01:55P Banner' Assoclat. es. Zn=o 970 243 3810 P.O1- mqBITA DESCRIFriON OF AUGER pROPERTY (after lot line adjusunem vAth Cora L.~ Lat 3) A portion of Lot 1, Con ~ Subdivision located in d3at pordo~ of t. bc Mining Claim Ella Sherwood, M .S. 5304 Amended ~ Soure, Range 84 We.~, 6th Ptir~ M~'i~ian. CounW of Pit. kin, St~e of Colorado being mor~ pm. dcul m'l~ described as follows: 9e~in~inS ae d~= mosz .ortheas~erly comer oD. he ~.-~1 whence th= C-E 1/tG comer, S~cdon 7. Townshi~ 10 Sour. h, Range S4 W~s~, 6tl~ Principal Merinos, a Bur au of Land _. e /v~emcnt monument wjfjl lcrcas$ cap, 1954 bean S 49° 01' 51" E, 7~.96 feet; 1. Thence N 46o 17' 18" E, 489.79 2. T~enc~ S 45° 38' 54' B, 23.83 fccu 3. Then~ $ 46' ~7' 19" B. 15S.03 feex; 4. Thence S 4:5' 47' 10 " W. 495.96 feet; 5. Thence N 440 Z3' (kS' W. ~83.04 teec to th,e Point of BeSirming~ The Auger Property as described above contains 2.046 acres more or less. ,, MEMORANDUM TO: Tamara Pregl, Pitkin County Plarmer THRU: Julie Ann Woods, Aspen Community Development Director John Wornester, City Attomey FROM: Milch Haas, Planner, City of Aspen Phil Overeynder, Director of the City of Aspen Wafer Department DATE: February 23, 1999 RE: Auger 1041 Hazard Review and Lot' Line Adjustment Thank you for the opportunity to review and comment on the subject application. The parent parcel affected by the proposed lot line adjustment is part of a Water Service Agreement (hereinafter, "WSA") entered into between Raymond Auger and the City of Aspen on December 15, 1997 (adopted by City Council via Ordinance Number 41, Series of 1997). The WSA provides for water service to the existing residence, provides for the eventual annexation of the entire lathering parcel (including the subject of the current application), and prohibits the development of any new well serving the property. City planning staff has reviewed the Auger 1041 Review and Lot Line Adjustment application and c/ffers the following comments: BACKGROUND: Pursuant to the terms of Section "26. Annexation" of the WSA, the City could, "at its sole discretion" initiate and complete the armexation of the subject property. However, City staff has decided not to pursue annexation at this time provided the following comments are memorialized as conditions of any approvals granted in the County and/or as plat notes recorded on the Lot Line Adjustment plat. Under sub-section"c." of the "Purpose of Agreement" (page 4 of the WSA), it is stated that "No new individual wells will be permitted within the Subject Property, whether such wells are to be used for irrigation purpose only, or for all uses, although replacement of existing wells is permitted for those who have elected to receive water service from the private water system for indoor uses only." This exact language is reiterated on page 9 of the WSA (under the "Abandonment of Wells" sub-section). The term "Subject Property" is explained in the WSA to include the properties owned by the Phillips, the Augers, and the Timroths, and therefore, includes the property which is the subject of the pending 1041 Hazard Review and Lot Line Adjustment application. However, the agreement to serve these properties with City water applied only to the existing residences, and was subsequently amended (via Ordinance Number 27, Series of 1998) to include one additional residence on the Porath Family Trust's parcel. The proposed residence on adjusted Lot 3 of the Cora Lee Subdivision was and is not included under the terms of the existing WSA. The submitted application materials explain that, "in the event that the applicant is unable to successfully amend the existing agreement with the City of Aspen for water service ... acquiring a well permit and drilling a well should be feasible." It is the City' s firm pos!tion that drilling a well is prohibited under the terms and conditions set forth and agreed to in the aforementioned WSA, which was signed by Raymond N. Auger and others. Therefore, the only possible way of obtaining water service forthe subject lot is through an amendment to the WSA, and the WSA clearly declares that amendments must be applied for and are in no way guaranteed approval (see sub-sections "12. Treated Water Service," on page 9 and "17. Limitations on Provision of Water Service," on page 11 of the WSA). COMMENTS: I. Since it is the City's position that new wells are prohibited and the proposed residence would require connection to the private water system, which, in turn, requires an amendment to the WSA and such an application is in no way guaranteed approval, the City strongly recommends and respectfully requests that the County make any approvals granted to the Auger Lot Line Adjustment and 1041 Hazard Review application fully contingent upon approval of the necessary amendments to the WSA (i.e., a condition stating that the approvals granted under the terms of the subject Ordinance/Re~olution shall be of no effect --- and therefore no building permits can be applied for --- unless and until such time as the WSA is successfully amended to allow for water service to Lot 3 of the Cora Lee Subdivision). City staff believes this recommendation to be necessary due to the "Catch-22" created by the terms of the WSA. That is, if the County were to grant an approval and the WSA amendment were to be denied, the approved, new residence would be left with no possible way of obtaining water. Thus, it is incumbent upon the County to ensure that the WSA has been successfully amended prior to acceptance of a building permit application for a new residence. 2. The "Annexation" provisions of the current WSA will be carried over to and included in any amended version of the WSA. If approved, the "Subject Property" of the amended WSA will include the new residence proposed on Lot 3 of the Cora Lee Subdivision. As a side, City staff does not anticipate annexation taking place within the foreseeable future (i.e., the next three to four years). 3. The most recent amendment to the WSA (Ordinance Number 27, Series of '1998) required that, prior to development, the Porath property complete. annexation and rezoning to the City's R-30, Low-Density Residential, zone district. From this, staff assumes that if and when the entire "Subject Property" of the WSA annexes into the City, it will Iikely be rezoned to R-30. Please be advised that in approving the most recent amendment to the WSA, it was City Council's clear intention to ensure that any new construction that is to take place after September 9, 1998 complies with City ordinances regulating allowable floor area and residential design. The objective was to minimize the visual impact and mass of structures in the City's backdrop area, especially since this area will eventually be annexed into the City. Any development that does not comply with the City's standards will jeopardize the WSA and the future extension of a water service line. Consequently, City staff is recommending inclusion of the following conditions of approval (Camilia Auger has already consented to inclusion of these conditions, should approval be granted by the County): a. In accordance with the provisions of the City's R-30 zone district, the allowable floor area on Lot 3 shall be limited tO 6,400 square feet above-grade, as measured by the City of Aspen Zoning officer using the same inclusions and exclusions as provided for in the City of Aspen Land Use Code definition of "Floor Area," Section 26.04.100, Definitions, as amended. All'other aspects of the County's AFR-10 Zone District shall apply and shall be administered by the Pitkin County Zoning Officer. This condition shall be included as a plat note on the recorded Lot Line Adjustment Plat. b. The applicant/owner shall not use reflective materials on the exterior of the structure, including the roof. c. Any disturbances to the natural terrain and areas of cut and fill shall be revegetated after construction with native species. If any areas are too steep for adequate revegetation and retaining walls or like structures are found to be necessary~ such structure(s) shall be of similar color to the surrounding, natural vegetation in order to visually blend into the mountainside. d. The existing vegetation outside the designated building envelope shall be preserved and maintained in its natural state. e. Outdoor/exterior lighting shall be limited to low bollards along the walkways/driveway, and porch/entry lights. Any and all outdoor/exterior lighting shall employ down-directional, sharp cut-off fixtures to screen the lighting source, and in no case will flood lights be installed. f. After completing the 1041 Hazard Review and Lot Line Adjustment approval processes, the applicant shall make a good faith effort to apply for and gain County approval to construct a Caretaker Dwelling Unit (CDU), pursuant to County Land Use Code Section 3-150-130(B), on the site. Development of a CDU on the lot shall be exempt from the Floor Area calculations described above in comment 3(a).. (If the City were to have initiated annexation prior to development, the owner would have had to pay cash-in-lieu or build an Accessory ' Dwelling Unit in order to gain.a GMQS Exemption for the new residence.) g. If the secondary electrical line serving the Phillips propert>' is to pass through Lot 3, it should be placed in an easement. 3 4. City_ staff supports the granting of Vested Property Rights on the terms of the aforementioned conditions. 5. In reviewing the application to amend the Water Service Agreement (WSA), Community Development Department and Water Department staff hereby agree to limit its review and recommendations to water service related issues only, except as described in comment number 2, above. Staffs recommendations with regard to Amendment of the WSA will suggest no further regulation of land use issues and building rights than already addressed by the agreed upon conditions explained in the foregoing, unless otherwise directed by City Council. City Council will maintain authority to use its discretion in broadening the scope of the review, should they choose to do so. 6. The following comment is a recommendation of City planning staff, but has not been agreed to by the Augers. In accordance with the spirit of the City's Residential Design Standards and with City Council's desire to minimize the visual impact and mass of structures in the City's backdrop area, City staff requests that the County staff recommend a condition of approval whereby there shall be no facade penetrations (windows), on the town-facing elevations, higher than eleven (11) feet above the level of the dining/living room's finished floor; no facade penetrations (windows), on the town-facing elevations, between nine (9) and twelve (12) feet above the level of any other (exclusive of the dining/living room) finished floor; and, no circular, semi- circular or non-orthogonal fenestration, on the town-facing elevations, between nine (9) and fifteen (15) feet above the tevel of any finished floor (inclusive of the dining/living room). CONCLUSION: Although the Augers disagree with the interpretations of the WSA as explained in the "Background" section of this memorandum, please note that the foregoing "Comments" were reviewed by Camilla Auger and Alan Richman, her representative, and they agree to the recommendations provided in comments 1-5, above, becoming conditions of approval. Therefore, City Planning staff respectfully requests that you include the substantive portions of Comments 1-5, and that you also consider including Comment 6, as recommended conditions of any approval granted to the Auger 1041 Hazard Review and Lot Line Adjustment application. If I can be of further assistance in any way, please do not hesitate to contact me at 920-5095. 4 Raymond N. Auger 709 N. Spruce Street Aspen, Colorado 81611 Mr. Phil Overeynder Water Director The City of Aspen Water Department 130South Galena Street Aspen, Colorado 81611 March 15, 1999 Dear Phil: As per your request, this letter confirms our application for an Amendment to the Water Service Agreement of December 15, 1997 to include one additional single family residence on Lot #3 of the Cora Lee Subdivision. Attached is the legal description for Lot #3, the Resolution from the Board of County Commissioners stating that Lot #3 is a separate, developable lot with a building right, and the 1041 approval for the house. The City of Aspen Planning Department has requested a number of restrictions and requirements on behalf of all City Departments, in addition to those which normall~ would have been included in the County's 1041 approval. We have worked with Mitch Haas on these items in detail and have agreed to accept all of these requirements (a-g) as listed in Mitch Haas' letter of February 22, attached, on the understanding and condition, noted in the letter, that there will be no further land use or other requirements related to the matters covered in Mitch's letter and further provided that it is understood and agreed that wewill undertake on a best efforts basis the application to the County for inclusion of a Caretaker Dwelling Unit in' the house. We would very much like to include a CDU, but as you know, we can only do so with special aproval by the Board of County Commissions. We and the Water Department have agreed to disagree with respect to the legal arguments included in Mitch's letter, since we have been advised by our counsel, Charles Brandt, Esq. that Lot #3 is not currently covered by the Water Agreement and we have the right to drill a well, if for some reason the Amendment to the Water Agreement requested herein were not to be approved. Since we and Mitch Haas, on behalf of the City, agree on all the substantive considerations of interest to the City, our disagreement on the legal context does not appear to be an issue of any consequence and I have~only addressed it here at your request. Mr. Phil Overeynder. March 15, 1999 page 2 Finally, a correct, current legal description for Lot #1 of the Cora Lee Subdivision, refecting the minor Lot Line Adjustment which accompanied our 1041 Application, is also attached. Lot #1 and our existing house was included in and is covered by the original Water Service Agreement. Yours truly, a~y~o~d~N.~ Cc: Cindy Covell, Esq. Charles Brandt, Esq. :' I II! 1t I!111 I!1111 II! IIIIII IIIII IllIF' III IIIII III1 IIII 4243.36/,/,/84/3,998 Z1:331:1 RESOLUT! D~VIS $ZLVZ ~, or 4 st e.ee o e.ee N e.ee PXTKXN COUNTY CO RESOLLrrION OF THE BOARD OF COUNTY COM~IISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF LOT 3, CORA LEE SUBDMSION AS A SEPARATE DEVELOPABLE LOT RESOLUTION NO. 98 RECITAI,S 1. Raymond Auger ("Auger") is the owner ofnnimpreved Lot 3, Cora Lee Subdivision, an unrecorded subdivision consisting of five (5) lots, all of which, except Lot 3, have been recognized as separate, developable lots, three of which have been developed with single family dwellings and the forth lot is approved for a single family dwelling. 2. On May 3, 1972, the Pitkin County Planning and Zoning Commission recommended final plat approval of the five lot Cora Lee Subdivision subject to the fulfillment of certain condkions, including obtaining corrected access and utility easements over adjacent lands to the Subdivision and connection tothe City of Aspen water system and the Metropolitan Sanitation District's sanitary sewer line when the same became available. The condition of approval as to access could not be timely satisfied and the subdivision of the property was not completed. 3. Auger had previously conveyed 5.6 acres (consisting of the real property eonstiGting Lots 3, 4 and 5, as they were described on the unrecorded Cora Lee Subdivision plat approved by the Pitkin COunty Planning and Zoning Commission) to H.E. Riohey by deed dated August 30, 1971 and recorded in Book 257 at Page 590, Pitkin County records, subject tO a promissory note secured by a deed of trust from H. E. Riohey to Auger encumbering Lots 3 and 5. 4. In early 1977 H. E. Richey had defaulted on his promissory note to Auger and Auger and Cecil Lewitz CLewitz") entered into a written agreement whereby Auger assigned to Lewitz the delinquent promissory note and deed of trust from H.E. Richey in consideration of the grant of an option by Lewitz to Auger to acquire Lot 3. 5. On September 29, 1977, a Sheriffs Deed was issued to Cecil Lewitz conveying 4.2 acres of the 5.6 acres parcel. The 4.2 acre parcel consisted of Lots 3 and 5 as described on the unrecorded Cora Lee Subdivision Plat. The Sheriffs Deed is recorded in Book 335 at page 746, Pitldn County records.. 6. Under the terms of the Agreement entered into in 197? between Auger and Lewitz, in addition to the grant of option, Auger was permitted the fight "to occupy and exclusively use said Parcel A ('Lot 3) for any lawful purpose" including the right "...to erect-and maintain on said parcel A CLot 3) outbuildings, greenhouses, tennis courts and the like..." 7. In reliance upon the Lewitz option agreement and the fight to occupy Lot 3, Auger expertdeal substantial sums in order to eventually develop Lot 3, including the construction of an access road across Lot 3, the installation of City of Aspen water lines, Aspen 2 o~' 4 R e.80 D e. Oe N 8.80 PZTKZN COUNTY CO Consolidated Sanitation Dislrict sewer lines and upgraded Holy Cross electric lines across Lot 3. In addition, Auger obtained corrected access to the Subdivision thereby fulfillins all of the conditions of the 1972 Planning and Zoning Commission approval of the Con Lee Subdivision. 8. Auger, in order to exercise his option to acquire Lot 3 from Lewitz and seek clarification that Lot 3 is a developable lot, obtained approval of the Auger/I. ewitz Lot Line Adjustment Plat platting Lot 3 (substantially as the lot was described in 1972 when appmvcd by the Pitkin County Planning Commission) as part of Lot 1 as the same is shown and described on the Lot Line Adjustment Plat recorded in Book44 and page 35. Following the approval of the Lot Line Adjustment Plat, Lewitz conveyed Lot 3 to Auger by Deed recorded January 16, 1998, as Reception No. 412633. NOW, TIIF, REFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby determines that Lot 3, Cora Lee Subdivision, as the same is described on Attachment "A" to this Resolution and as shown and depicted on Attachment "B" to this Resolution, as a non-conforming lot of record, is deemed to be and is hereby recognized as a separate lot and no longer merged with Lot 1 (as the same is shown on the Auger/Lewitz Lot Line Adjustment Plat recorded in Plat Book 44 at Page 35) and, as a separate lot, is hereby approved for developmenf by virtue of the grant of option combined with the right to occupy said property, subject only to the following condition: Auger shall obtain 1041 Hazard and General Submission approval. APPROVED AND ADOPTED ON THE 21~TM DAY OF OCTOBER~ 1998. ATTEST: BOARD OF COUNTY COMMISSIOERS OF PITKIN COUNTY, COLORADO ~Clerk and Recordir oro ea~ arris ~ ' A~P~OV~D AS TO FOK~: A~PROV~D AS TO CONTENT: ~ounty Attorney Co~u~ty Development Direetor ~,_,-~=-~o u/:~ ~sar"~er Associa+_es, 'INC. 97 243 3810 P.02 A~AGME~ "A" DE3CR~TION OF LOT 3. CO~ LEE S~DWISION Lot 3, Cora Lec Su~vision si~ted in ~ ~on of~e M~ing Claims Cora Lee, M.S. ~304 ~ended and Ella 3he~d, ~S. ~304 ~ended I~ in ~e S I~ of~e ~ I/4 of Scion 7, To~hip 10 Sou~ ~ge ~ W~ 6ffi Pdnci~l Meridian, Co~' o~Pi~in, of Colorado, ~ing more ~c~ly ~b~ u follows: Be~ing a~ the most .~t~ly ~er of~d ~ 3 ~ence ~e C-E !/16 ~mer of s~d S~tion 7, be~ S ~? 2T 31" E~ ~.30 f~; .... 1. ~ence N 4~° ~' 08" E, 6~L~0 feet; 2. ~ence S 44° 13' 06" E, 10~.00 3. ~e~e N 4~° ~' 03" E, 179.65 fee~ 4. ~ence S ~o 13' 06" E, 99.6t f~ ~. ~ence N 4~° 4T 10" E, 324.19 fee~ 6. ~ence S 46~ 32' 19" E, 197.49 f~ 7. ~ence S 4~° 4~~ 13" W, ~7~.43 fee~ 8. ~cnce N 44~ 13' 06" W, 402.0~ f~t ~o the Poem of Be~ing. ~t ~ ~ described ~ve ~n~im 3.300 acres more or less. I lllill ii111 I!1111 I11 IIIII! IIIil Illlilt III I!111 IIII lilt 424~36 ~/E~4/1998 ~1:331~ RESOLUTZ D~IVZS SZLVZ 3 d 4 R 0.00 D e.00 N 0.00 pZTKZN COUNTY CO "" :' """ ':' :...:., ': ', .:'; ,:.;.~ ~i:. '.~!::~ ?::: :,::'~ .;::':..':,:.::: :...:. ~.~:: ~.: .:,. !.,i i ~.~.' : .:: . ....: '.:.'. :.... .... ...... . . . .... ~ ........... ,. · ~,,~,~:,,.~,,.~, :.!. . .......... .. . ~ .....~ ........ , . · ~_~~.'... . · . . . .. ~~ IllEll Illll IIIIII III IllEl IIIII IllliE III IIIII IIII lIE 424136 1119411998 11:330 RESOLUTZ DOVES SILVI 4 of 4 R 9.e9 D 9.e8 N ~,9~ PITKIN COUNTY CO TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney FROM: Christopher Bendon, Planner No]an ~t Split - 308 No~h Fi~t Street Ordinance No. 9~ Series of 1999. Second Reading and Public Hearing DATE: April 12, 1999 SUM~RY: William Nolan has applied for a Lot Split to divide his ]2,000 square foot parcel into two 6,000 square foot Lots. The prope~ is located at 308 Noah First Street and is cu~ent]y developed with one single-family residence. This existing house does exhibit some h~storic qua]ides but is not ]is~ed on [he City Historic Inventor. ]n fact, the prope~ was removed from the Invento~ in the ]ate 1980's a~er several alterations were made to the house. There are potions of the house which rest on ~he proposed lot line. These potions of the structure, however, are recent additions and are expected to be removed to comply w~th the new Jot line. The Lot Split provisions do no~ require a house to be demolished prior to application for a Lot Split. Staff has suggested, as a condition of this approval, requiring confo~ance with the new lot line at the time of actual deve]opmenL Staff recommends Ci~ Council adopt Ordinance No. 9, Series of 1999, upon Second reading. ~IN ISSUES: The existing house exhibits some historic qua]ides bm was removed from the Historic Invento~ a~er some alterations in ~e 1980s. The applicant has indicated a desire to remove some of these additions, especially as they pe~in to the proposed lot line. There are several smaller ~ees and ~o large Spruce ~ees which are located in close proximi~ m one ano~er within the development area of proposed Lot ~]. The applicant has me~ with members of the Ci~ Parks Depa~ment to discuss ~e oppo~unities of relocating the ~ees. The majority of these ~ees can be moved to o~er locations on the ~rope~y. The ~o Sp~ce trees could be moved together, though one would probably not su~ive ~e relocation. There are no trees which are of such impo~nce to specifically designate a building envelope or restrict the areas for development fu~her than ~e prescribed zoning setbacks. Staff has included a condition requiring development on either lot to comply with the City' s tree preservation Ordinance. APPLICANT: William C. Nolan. Represented by Stan Clauson Associates. LOCATION: 308 North First Street ZONING: Medium Density Residential (R-6). LOT SIZE: Existing: 12,000 square feet. Proposed.' Two lots of 6,000 s.f. each. FAR: Current Allowable: 3,840 s.f. for a single family residence or 4,260 s.f. for a duplex. ProposedAllowable: 3,240 s.f. for each lot (single-family only). CURRENT LAND USE: Single-Family residence on one parcel. PROPOSED LAND USE: Single-Family residence and One vacant single-family lot. PREVIOUS ACTION: City Council has not previously considered this land use application. REVIEW,I PROCEDURE: Lot Split. City Council shall approve, approve with conditions, or deny the application at a public hearing pursuant to Section 26.88. STAFF COMMENTS: The existing house resides on the proposed property boundary. This is a typical scenario which the land use code recognizes by not requiring the structure to be demolished prior to applying for a Lot Split. To remedy the encroachment, staff typically recommends a condition of approval requiring both Lots, and associated structures, to comply with zoning at the time of actual development on either Lot. In this case, at the time of deCelopment on either Lot, the existing house would need to rest entirely on proposed Lot #2 and within the new setbacks created by the new lot line. Existing encroachments, such as the existing carriage house, are grandfathered and are not required to be remedied. The portion of the structure which exists where the property boundary is proposed is a recent addition and does not contribute to the historic value 0fthe house. This portion is expected to be removed to comply with the new setbacks and the reduced FAR of the smaller lot. Review criteria and Staff Findings have been included as Exhibit "A." A vicinity map is attached as Exhibit "B." A site plan has been included as Exhibit "C." The application has been included as Exhibit ~'D." RECOMMENDATION: 2 Staff recommends City Council adopt Ordinance No. 9, Series of 1999, upon second reading. This Ordinance contains the following recommended conditions of approval: I. A Lot Split Plat, meeting the requirements of Section 26.88.040(D)(2)(a)(l ), shall be recorded within 180 days of the adoption date of this Ordinance. The plat shall indicate all easements of record, property comer monuments, existing structural non-conformities, existing trees including those in the alleyway, a five-foot-wide pedestrian usable space located 7.5 feet from the property line with a 5 foot buffer for snow storage, and note encroachments on public rights- of-way and the respective encroachment licenses. 2. The lot split plat shallexhibit two lots in conformante with the R-6 Zone District regulations and shall include the following plat notes: · Upon development of Lot #1 or redevelopmerit of Lot #2, both lots, and the associated structures, shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing non-conforming accessory structures may continue to the extent that the new lot boundaries do not increase the element's non- conformity. · The developer of each Lot shall seek an exemption from GMQS pursuant to Section 26.100.050(A)(2), as amended from time to time. 3. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code~ as amended. There shall be no excavation or storage of fill materials within the tree driplines. 4. The building permit plans for each Lot shall indicate conformante with the City Streetscape Guidelines. Conformance with said guidelines shall be accomplished prior to issuance of a Certificate of Occupancy. 5. Prior to applying for a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. 6. A building permit application for each Lot shall contain a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ira ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 7. A building permit application for each Lot shall contain a recorded agreement to construct sidewalk, curb, and gutter, and a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. All material representations made by the applicant in the application and during public meetings with the Aspen City Council shall be adhered to and considered conditions of approval, unless otherwise amended by an entity with the authority to do sex RECOMMENDED 1VIOTION: "I move to adopt Ordinance No. 9, Series of 1999, upon second reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments 3 Exhibit B -- Vicinity Map Exhibit C -- Site Plan Exhibit D -- Development Application 4 ORDINANCE N0.9 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, APPROVING THE NOLAN LOT SPLIT, LOTS K, L, M, & N, BLOCK 56, CITY AND TOWNSITE OF ASPEN; PITKIN COUNTY, COLORADO. Parcel # 2735-124-21-005 WHEREAS, the Community Development Department received an application from William C. Nolan, owner, for a Lot Split of a 12,000 square foot parcel of land, 308 North First Street, described as Lots K, L, M, & N, Block 56, City and Townsite of Aspen, into two 6,000 square foot lots in conformance with the Medium Density (R-6) Zone District; and, WHEREAS, the City Council may approve Lot Split applications in conformante with Section 26.88.030 after taking and considering a recommendation from the Community Development Director and taking and considering public testimony at a duly noticed public hearing; and, WHEREAS, the Community Development Director received recommendations from the City Engineer, the City Zoning Officer, the Aspen/Pitkin County Housing Authority, and the Aspen Consolidated Sanitation District, reviewed the proposal, and recommended approval with conditions; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code, as identified in Sections 26.28, 26.52, and 26.88, has reviewed and considered the recommendations made by the Community Development Director, and has taken and considered public comment at a public hearing; and. WHEREAS, the City Council finds tl~at the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: The Nolan Lot Split is approved, subject to the following conditions: I. A Lot Split Plat, meeting the requirements of Section 26.88.040(D~(2)(a)(1 ), shall be recorded within 180 days of the adoption date of this Ordinance. The plat shall indicate all easements of record, property comer monuments, existing structural non- Ordinance No. 9, Series of 1999 Page 1 conformities, existing trees including those in the alleyway, a five-foot-wide pedestrian usable space located 7.5 feet from the property line with a 5 foot buffer for snow storage, and note encroachments on public rights-of-way and the respective encroachment licenses. 2. The lot split plat shall exhibit two lots in conformance with the R-6 Zone District regulations and shall include the following plat notes: · Upon development of Lot # 1 or redevelopment of Lot #2, both lots, and the associated structures, shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing non-conforming accessory structures may continue to the extent that the new lot boundaries do not increase the element's non-conformity. · The developer of each lot shall seek an exemption from GMQS pursuant to Section 26. 100.050(A)(2), as amended from time to time. 3. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code, as amended. There shall be no excavation or storage of fill materials within the tree driplines. 4. The building permit plans for each Lot shall indicate conformance with the City Streetscape Guidelines. Conformance with said guidelines shall be accomplished prior to issuance of a Certificate of Occupancy. 5. Prior to applying for a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated SanitatiOn District. 6. A building permit application for each Lot shall contain a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. lfa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 7. A building permit application for each Lot shall contain a recorded agreement to construct sidewalk, curb, and gutter, and a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. All material representations made by the applicant in the application and during public meetings with the Aspen City Council shall be adhered to and considered conditions of approval, unless otherwise amended by an entity with the authority to do so. SectiOn 2: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or · documentation presented before the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Ordinance No. 9, Series of 1999 Page 2 Section 3: This Ordinance shall not effect 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, 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 the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance was held on the 12th day of April, 1999 at 5:00 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 Within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of March, 1999. Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of ,1999. Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor Approved as to form: City Attorney Ordinance No. 9, Series of 1999 Page 3 Exhibit A Nolan Lot Split City Council shall exempt a Lot Split from the provisions of Subdivision if the following conditions are met: A. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Staff Finding: The parcel consists of four original townsite lots and was not created by a Subdivision. B. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c). Staff Finding: Both proposed Lots conform to the R-6 Zone District. The existing house may continue to exist on the newly created lot line until such time as either lot is developed. At such time, the existing house shall conform to the new setback requirements established by the new lot line and the FAR requirements of the reduced lot size. This shall be noted on the final plat. Both Lots are required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c), as amended. This has been included as a condition of approval and shall be noted on the final plat. C. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.050 (C)(3)(a); and Staff Finding: This property has not previously received a Subdivision Exemption. D. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 2& 100. Staff Finding: A Lot Split Plat shall be recorded within 180 days of the adoption date of the Ordinance. This plat shall depict two Lots in conformance with the R-6 Zone District and shall include the following plat notes: · Upon dev61opment of Lot #1 or redevelopment of Lot #2, both Lots, and the. associated structures, shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing non-conforming accessory structures may continue to the extent that the new lot boundaries do not increase the element's non-conformity. · The developer of each lot shall seek an exemption from GMQS pursuant to Section 26.100.050(A)(2), as amended from time to time. E. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: Staff has included this time requirement as a' condition of approval. F. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a tot split. Staff Finding: The existing house is not required to be demolished. Staff has included a condition requiring both lots to conform to the R-6 Zone District regulations at the time of actual development on either lot. G. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: Due to the lot area (density) requirements of the R-6 Zone District, the build-out potential for each 6,000 square foot lot is a single-family home, Memo - Barbee (Family) Subdivision and FinaI PUD pedestal or other above ground equipment must be installed on an easement provided .by the property owner and not located within the public right-of-way. As stated in the application, the 20 ft wide water main easement into the development will run through the driveway (Lot 12). Any required easements for utilities shall be shown on the final subdivision plat submined for approval and shah also be shown on the plan sets submitted for building permits. 3. Final Plat, Agreements and Building Permits The applicant will prepare the final subdivision/PUD plat, all agreements and fulfill the conditions of approval which precede any constraction activities prior to submitting any applications for building permits. Utility providers will have signature blocks on the final plat for confirmation of compliance with their standards for their respective utility systems. A space 10 feet wide across the frontage of Lot 1 should be reserved for future right-of-way dedication and identified as such on the subdivision plat. 4. Streets and Pedestrian Area: The intersection of S. Garmisch St. and Juan St. most likely will require re-construction to improve the width, alignment and grading of the roadway and to improve the storm drainage. We expect improvements to the adjacent streets will become necessary, in part, as a result of this development. These improvements should include pavement improvements, re-aligning, grading and reconstruction of the coroer of S. Garmisch St. and Juan St., street lighting, drainage, and landscaping. The street-scape improvements would include curb, gutter and sidewalk, planted median, and street lighting. 5. .Driveway Access: Given the irregular intersection geometry of S. Garmisch St. and Juan St., the driveway to Lot 2 should be located at the northerly side of this lot to provide better sight distance between the driveway and the intersection. 6. Redevelopmerit of Lot 1: If, or when the existing house on Lot 1 is removed, the owner will dedicate ten (10) ft width of right.of. way to the City dependent upon the existing width of the right-of-way and the needs of the City for such widening. Correspondingly, the front setback line and building envelope for this lot should be set based upon the revised front lot line after such adjustment, ifa front lot line adjustment is completed. 7. Site Drainage and Erosion Control: The new development shall not release more than historic storm run-off flows (in non-concentrated fashion) from the site and any increase in historic storm run-off flows must be first routed and detained on the site. A drainage plan and report by a currently licensed Colorado civil engineer shall be included in the site development plans submitted for the individual free-market and deed restricted lots as each is developed. The report should provide general construction techniques and details (minimum standards) for erosion control and sediment transport control to be employed by the developer(s) when the several residences are constructed. If the lots are developed individually, the property lines shalI be fenced with construction and sediment fencing prior to construction and shall be securely DRCM6a99.DOC 2 OF4 Memo - Barbee (Family) Subdivision and Final PUD 15. AD.U Parking: If any ADUs aredeveloped in the free-market homes, on-site ADU parking will be provided for the unit(s) on the respective lot. 16. Standard Conditions of Construction: The standard conditions regarding constraction practices (e.g. dust, debris and drainage control on and around the site, traffic con~ol, temporary facilities and parking, etc.) will be required of the developer at the time of Construction. As-built records in GIS compatible format will need to be submitted to the City GIS Dept. to update the city records for the several stages of development. This condition also applies to the individual development of the free-market lots, DRCM6a99,DOC 4OF4 MEMORANDUM To: Chris Bendon; Community Development Department From: Lee Cassin, City Environmental Health Director Date: February 2, 1999 Re: Barbee Subdivision and Final PUD Parcel ID #2735-131-00-100 The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City. of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shal/be unlawful fo~ the owner or occupant of any bu~ding used for residence or business purposes within the city' to construct or reconsh'uct an on-site sewage cllsposal device." The p/arts to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. ADEC)UATE PROVISIONS FOR WATER NEEDS: Section 23-55 "A1/buildings, structures, facihi~es, pa$'ks, or the like within the cit)' hn~ts which use water shall be connected to the municipal water uti/ity system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen water supply meets all standards of the Colorado Depaztment of Health for drinking water quality. WATER OUAL1TY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its rnunicipa] water supply from injur3' and pollution, the ci~' shall exercise regulatory and superviso~ljurisdiction ,4,ithin the incorporated lintits of the Ci[3' of Aspen and over all streams and sources contributing to rnurdcipal water supplies for a distance of five (5) miles abc~ve the points from which mu2'dcipal ~'ater s~pplles are diverted," Tl~e applicant has addressed this issue with the provision of drywells on site to detain runoff from impervious areas. This drainage plan to mitigate the water quatit), impacts from drive and parking areas will be evaluated by the City Engineer. AIR QUALITY: Sections 11-2.1 ~lt is the purpose of [the air qualit), section of the Municipal Code] to achieve the maximun~ pracHcal degree ot air Furit), possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the cityd' The Land Use Regulations seek to "lessen congestion" and "avoid tra~nsportation demands that cannot be met" as well as to "provide clean air by protecting the natura/air sheds and reducing pollutants", The code requires that the proposed development not have a deleterious effect on air quality in the surrounding area and the city. The primary negative effect on air quality of a residential development is the traffic generated, and the resulting PM~0 emissions. To meet the code requirements, the development will need to determine which mitigation measures will be the easiest for the applicant to implement. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon final approval or issuance of building permits. Without such a plan, the project would result in significant adverse impacts on the natural environment. T~hls was also a condition of approval of Ordinance No. 44, Series of 1998 and has m}t y~tbeen Complied with. · FIREPLACE/WOODSTOVE PERMITS The applicant must file a fireplace/woodstove registration form with the Building Department before the building permit will be issued. In the City of Aspen, buildings may have two gas log f/replaces or two certified woodstoves (or 1 of each) and tmlirnited numbers of decorative gas fireplace appliances p_~ building, New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel, FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, dally cleaning of adjacent paved roads to remove mud that has been carried out, speed Limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust control will be crucial due to the closeness of existing homes to the site. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 'The city counc~ finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safe~y and welfare of the residents of the City of Aspen and it its visitors......Accorclingly, it is the policy of council to provide standards for pernussible noise levels in various areas and manners and at various tm~es and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction carmot be done except between the hours of 7 a.m. and 10 p.m. It is very Jikely that noise generated during the construction phase of this project will have some negat/ve impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. A suggestion that has been very effect/ve for others is notifying neighbors of the construction schedule. Aspen Consohclatecl Sanffation Distrjct S), K~lly* Chai:m~n John K&,h~,~ Pad Smith * Treas Fran[ Lcmshin Michael Kelt}' ' Secy Brace Matherly, Mgr February 1, 1999 Chris Bendon : !! ~ i- Community Development "· 130 S. Galena St. Aspen. CO 81611 ~' ' Re: Barbee Subdivision Final PUD Dear Chris: The Aspen Consolidated Sanitation District' currently has sufficient line and treatmere capacity to serve this project. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Once detailed plans are available. tap permits can be completed which wilt estimate the fees for the project. We Would request that the total connection fees be paid prior to the issuance of building permits. The applicant will be required to complete a line extension request and collection system agreement for the short line extension that will be needed. Both items will need to be approved by our Board of Directors. Shared service line agreements will also be needed for the affordable housing component if it is served by shared service lines. There are some downstream line constraints that will be eliminated through a system of proportionate additional charges. It is not clear from the plans how sewer service will be provided for lots 5,6, and 7. The short line extension that is shown may need to be extended to allow lots 5,6, and 71o be served. District line specifications prohibit taps to manholes. P ......."if you have any questions. Sincerely, ' Bruce Matherly District Manager 565 N. Mill ~t.,Aspen, CO 81611 / (970)925-3601 FAX (970) 925-2537~' shall provide financial assurance to the City for said improvements and the success of the site landscaping for a period of twO (2)y~ars afte? installation. The agreement shall be reviewed concurrently with the final plat and approved by the City Attorney prior to recordat(on. 4. The Planning and Zoning Commission recommend~ the following description of each Lot's development provisions be included in the final Ordinance: Reouirements Common to Entire Develonment Lot Dimensions: As represented on Final Plat. Minim~jm distance between buildings: 10 Feet Maximum height: 25 Feet. Building Envelope: No development other than approved landscape materials on natural grade, approved access ways, and approved driveways may occur outside of the building envelope, as represented on the final plat and within the setbacks. Minimum percent open space: No requirement Lot 1 (existing free-marker Zone District: R-15 - PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: l0 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North and East sides 10 feet each. Lot 2 (free-market) Zone District: AH 1 -PUD Allowable Floor Area: 4,500 Setbacks: Minimum front yard: 10 feet. Minimum rear yard: 60 feet. Minimum side yards: 10 feet. Lot 3 (free-market) Zone District: AH 1 -PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: 50 feet. Minimum side yards: 10 feet. Lot 4 (free-market) Zone District: AH1-PUD Allowable Floor Area'. 4,500 s.f. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: 50 feet.. Minimum side yards: 10 feet. Lot 5 (resident occunied) Zone District: AH 1 -PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Allowed Uses: l 0 carport parking spaces, trash, snow storage, uses accessory to use ofresidantial lots. Residential use shall require a substantial PUD amendment. Allowable Floor Area: 10 covered carports in two structures as represented on final plat. Setbacks: As represented on final plat. Trash access area: Minimum 10 wide, unobstructed. ConservationParcel Zone District: Conservation Allowed Development and Uses: Uses allowed in the Conservation Zone Disu'ict and allowed pursuant to the Deed of Conservation Easement. Uses and development necessary for communi~ health and safety reasons may occur on this parcel. 5. The City shall accept title to the "conservation parcel" only after the City Attorney has reviewed all aspects of the Bargain Sale Deed, the Deed of Conservation Easement, and is satisfied that no inordinate liability issues exist with respect to prior mining activities on the parcel. To satisfy this concern, the City may require areas of mining activity to be mitigated, or otherwise properly treated, or a legal instrument indemnifying the City prior to conveyance. 6. Replacement after demolition of the existing single-family residence on Lot #l shall require a GMQS Exemption pursuant to Section 26.100.050, as amended. 7. The Home Owners Association responsib]e for Lot it l 2, the common access way, sha]l install a stop sign at the exit of the access way at such time determined necessary for public safety by the City Engineer. 8. Access to Lots 2 and 3 shall be via the shared access easement as described on the final plat. The City Engineer shall issue only one curb cut permit between these two Lots. 9. All Lots are subject to the City's Residential Design Standards, as amended. Lot #1 shall be subject to the provisions of the Landscape Guidelines, as proposed in Exhibit B of the draft SIA upon redevelopmerit of the Lot. All other aspects of the Residential Design Standard, as amended, applicable to all Lots of this Subdivision may be appealed to the Design Review Appeal Committee pursuant to section 26.58, as mended. 10. The Building Permit application for each Lot shah include an appraisal of the Lot's fair market value. The City shall retain the right to concur with the fair market value represented by the owner or obtain a third party appraisal performed by an agreed upon real estate appraiser at the sole cost of the Lot owner. 11. Prior to issuance of a Building Permit for an individual Lot, the School Land Dedication Fee shall be paid in full pursuant to the formula in affect at the time. 12. Prior to recordation of the final plat, an air quality mitigation plan shall be submitted to the City Environmental Health Department for a'pproval. Physical improvements to the site required for mitigation shall be delineated on the final plat. 13. A Building Permit application for any Lot shall include a fugitive dust mitigation plan for review and approval by the City Environmental Health Department. 14. Prior to issuance of a building permit for any Lot, the applicant shall gain the necessary permits from the Environmental Health Department for any fireplaces or woodburning devices. 29. That the applicant shall be required to provide the contractor w th copies &all P&Z, GMC, and City Council resolutions and ordinances applicable to this project. The contractor must submit a letter as part of the building permit application indicating that conditions &approval are known and understood. 30. That a Parking Management Plan be submitted for staffs review and approval prior to the Building permit application which will address the phasing, staging, and construction parking on the site. APPROVED by the Commission at its regular meeting on March 16, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Bob Blaich, Chair ATTEST: Jac'kie Lothian, Deputy CiD' Clerk G:/plannin~spen/resosjdoc/p&Tjbarbee~na! .doc WHEREAS, these exemptions are deducted from the pool of annual allotments and from the metro area development ceilings, and there are adequate allotments available to serve this project; and WHEREAS, during a regular meeting on march 16, 1999, the Growth Management Commission reconamended, by a 7-0 vote, the City Council approve the allotment of seven (7) deed restricted affordable housing units and three (3) AH associated free-market units and that this be the method of providing affordable housing for the Barbee Planned Unit Development as recommended by the Community Development Department in their memo dated March 16, 1999; and, WHEREAS, the proposed development is further subject to Final PUD, Rezoning, Subdivision, Special Review, and Residential Design approval pursuant to the Municipal Code. NOW, THEREFORE BE IT RESOLVED by the Growth Management Commission that the City Council should approve the allotment of seven (7) deed restricted affordable housing units and three (3) AH associated free-market units and that this be the method of providing affordable housing for the Barbee Planned Unit Development, with the following conditions: 1. The project shall consist often (10) new residential units. Three (3) shall be free-market units of no more than three (3) bedrooms each. Three (3) shall be RO Lots, each for the purpose of a single-family residence of no less than three (3) bedrooms. Four (4) shall be Category 4 three bedroom units constructed and conveyed pursuant to APCHA Guidelines. 2. At or near completion of the Category. duplex units, the applicant shall provide the Aspen/Pitkin County Housing Authority the opportunity to "buy-down" the Category designations of the Category Units and the RO Lots or Units to a lower Category prior to conveyance. 3. The applicant is fully subject to all reviews and approvals by the Aspen Planning and Zoning Commission and the Aspen City Council as required in the Municipal Code. In no way shall this recommendation imply approval of any other required approval. 4. All material representations made by the applicant in the application and during public meetings with the Growth Management Commission shall be adhered to and considered conditions of this recommendation, unless otherwise amended by other conditions. APPROVED by the Groxx'th Management Commission at its regular meeting on March 16, 1999. 2 Memorandum TO: Mayor and City Council THRU: Jeff Woods, Parks Director FROM: Rebecca Schiclding, Assistant Parks Director DATE: April 7, 1999 RE: Barbee Conservation Easement At the last Council meeting on March 22, Council requested that staff review the value of the open space parcel being donated in exchange for a waiver of park dedication fees. The estimated value of the park dedication fees for this project is approximately $36,000. The appraised value of this property, if the City were purchasing the property, is likely to be considerably higher. In 1977, the City acquired the Little Cloud Mining Claim for $95,000, the acreage of which was only 2.2 acres. The County recently acquired a conservation easement on a similar parcel of steeply sloping land as part of the Moore P.U.D. development. The County parcel, approximately 89 acres, was purchased for $400,000 and has no public access. One of the primary benefits of the Barbee parcel is the formalizing of the trail easement (no trail easement exists) and the ability to connect to the Aspen Mountain Trail. The Aspen Mountain Trail has been a high priority for a number of years and has been recognized in numerous community master plans, including the Pitkin County TraLls Master Plan, the Aspen Pedestrian and Bikeway Plan and the Parks, Recreation and Open Space Master Plan. Another benefit of this open space parcel, is the transitional habitat that it provides for wildlife. The area to be preserved is a combination of Gambel Oak, Aspen, and Spruce/Fir Forest. These connected transitional zones are decreasing in and near town as development pressures are extending higher on slopes. These ecotypes support a greater diversity of wildlife and the overlap of these zones are ecologically important. Staff believes that for these reasons, the City is fortunate to be able to acquire such a valuable parcel of land in exchange for a waiver of park dedication fees. The final consideration i~ in regards to the Conservation Easement. The City would acquire fee simple title to the property, however, a conservation easement would encumber the deed. The Aspen Valley Land Trust would be the benefactor of the conservation easement. Staff has discussed the conservation easement with the Executive Director of the Aspen Valley Land Trust, Reid Haughey, to ensure the City will have the ability to relocate a trail if necessary, on the parcel to meet the needs of the City. If Council would prefer we could re-examine the language of the conservation easement to ensure there will be no legal o'5~ac'Fl~ in the future to such a trail relocation. '~" WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council-finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, Th-'EREFORE, BE IT {RDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Sections 26.52, and 26.84, and subject to those conceitions of approval as specified hereinafter, the City Council hereby grants approval of the Planned Unit Development, subdivision, rezoning, growth management exemption for affordable housing, and the method in which the housing will be provided for the Barbee Property, as described. Section 2: Conditions of Approval: 1. The Land Use action is subject to armexation of the propert3, into the City of Aspen. Failure to complete annexation within 180 days of this approval shall render this land use action void, unless the timeframe is extended by City Council. 2. Following annexation, butwithin l80days after~nal land use approval by City Council and prior to applying for a Building Permit, the applicant shall record a Final PUD/Subdivision development plan. This plan shall include all necessary plat requirements of the City Engineer including site plans, grading plans, utility plans, any physical improvements required to mitigate for additional air quality impacts as determined by the City Environmental Health Department, all utility easements, architectural plans and elevations, and a landscape plan. 3. Within 180 days after fmat approval by City Council and prior to applying for Building Permit, the applicant shall record a PUD/Subdivision Improvements Agreement binding the property, the Barbee Subdivision, to this development approval. The Agreement shall describe all subdivision and PUD improvements, requirements, restrictions, and maintenance, and shall provide financial assurance to the City for said improvements and the success of the site landscaping for a period of two (2) years after installation. The agreement shall be reviewed concurrently with the final plat and approved by the City Attorney prior to recordation. The PUD/SIA will be modified to ensure that trail access and temporary construction access will be allowed as necessary. 4. That the following description of each lot's development provisions be included in the final ordinance: Ordinance No. __, Series 1999 Page 2 Lot 6 (resident occupied) Zone District: AH I/PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City. Zoning. Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: I0 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: 10 feet. Lot 7 (resident 'occuvied) Zone District: AHI/PUD Allowable Floor Area: 2,575 s.£ as measured pursuant to City Zoning Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North 10 feet; South 15 feet. Lot 8 (category unit) Zone District: AHi/PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 35 feet from southem-most lot line. Minimum rear yard: 10 feet. Minimum side yards: east 0 feet; west 9 feet. Lot 9 (category unit) Zone District: AH 1/PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 27 feet. Minimum rear yard: 10 feet. Minimum side yards: east 7 feet; 0 feet. Lot 10 (category unit) Zone District: AH l/PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 14 feet. Minimum rear yard: 10 feet. Minimum side yards: east 0 feet; west 7 feet. Lot 11 (cateaorv unit) Zone D/strict: AH 1/PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 6 feet. Miniraum rear yard: l0 feet. Minimum side yards: east 14 feet; west 0 feet. Ordinance No. __, Series 1999 Page 4 13. A Building Permit app~cation for any and all lots shall include a fugitive dust mitigation plan for review and approval by the City Environmental Health Department. 14. Prior to issuance of a building permit for each lot, the applicant shall gain the necessary permits from the appropriate department for any fireplaces or wood burning devices. 15. Construction activity is limited to the hours between 7 a.m. and 10 p.m., Monday through Saturday. No Sunday construction activity will be permitted. Exceeding the City Noise Ordinance may result in a stop work order. 16. The applicant shall provide a street light near the vehicular entrance to the development. The standard for this light shall be reviewed and apprnved by the City Engineer, All exterior lighting, including street lights, shall be downcast, sharp cut-off, and not used to accentuate landscape or architectural features of the development. No exterior up-lighting is permiUed. No exterior floodlights are permitted. 17. The Community Development Dept. shall assign street addresses as follows: Lots 2-4 shall receive numbers with a Garmisch Street address; Lots 5-11 shall receive numbers with a Dean Street address. 18. The applicant is strongly encouraged to protect the existing shed north of the existing parking pad (approximately Lot 4 of Btock 5). The structure could be preserved permanently on-site as a cultural landscape feature, preserved temporarily on-site until development and moved to a receiving site, or the facades could be incorporated into the S. Garmisch Street side of the carport structure. If preserved for storage use, its FAR shall be exempt. 19. Prior to the issuance of a Certificate of OcCupancy for the duplex units, six (6) street trees shall be planted along the S. Garmisch Street R.O.W or Midland Trail in locations approved by the City Forester considering the storage of plowed snow. These trees shall be three- inches or greater in callper if deciduous or at least six feet in height if coniferous. 20. Prior to applying for a Building Permit, the applicant will be required to gain approval for a line extension and a collection system agreement from the Aspen Consolidated Sanitation District. Forthe duplex units, a shared service agreement may be required. There exists a possibility that gravity service from Lots 5-7 will require a pump system; if so, its design must be approved by ACSD and the City Engineer. 21. Prior to issuance of a Building Pe~r;;it for any lot, adequate silt fencing shall be erected to ensure that no sediment-loaded drainage will be leaving the property during construction. This fencing shall remain in place until a Certificate of Occupancy is issued for the respective lot. 22. Prior to applying for a Building Permit for any lot, the applicant shhll complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. This agreement can be recorded with the plat and SIA documents. 23. Building Permit applications for any and all lots shall include payment of a $50.00 per project fee in lieu of digital submission requirements. 24. Any work within public rights-of-way shall gain approval from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. Ordinance No. m, Series 1999 Page 6 Section 3: Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Barbee application as approved by this Ordinance, for a period of three (3) years from the date said Ordinance is signed with the following conditions: 1. The rights granted by this site specific development plan shall r~main vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeitare of said vested property fights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeitare of said vested property rights. 2. The approval granted hereby shall be subject to all fights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D) 3. Zoning that is not pan of the site specific development plan approved hereby shall not result in the creation of a vested propert3, fight. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 5. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the Ci~' of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: This Ordinance does hereby waive the park development fee, finding that the conveyance of the Conservation Parcel as described in the site specific development plan adequately addresses the need for open space. Section 5: This Ordinance Shall not effect 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 6: If any section, subsection, sentence, clause, phzase, or portion of this Ordinance is ~for an), reason held invalid or unconstitutional in a court of competent jurisdiction, such portion Ordinance No. b, Series 1999 Page 8 *MEMORANDUM* To: Mayor and City Council CC: Jeff Woods, Julie Woods, John Worcester, Subject: Approval.of Downtown Enhancement and Pedestrian Plan Conceptual Design for Mill Street SUMMARY City Council approved funding and contracts to proceed with an initial project from the Downtown Enhancement and Pedestrian Plan (DEPP), This initial project includes widened sidewalks, streetscape improvements and pedestrian amenjties on Mill Street from Main Street to the Wheeler Opera House and around the corner to Monarch. Staff is requesting approval of final conceptual design so that we can proceed to complete construction drawings and final engineering. The DEPP project schedule calls for utility work to be completed this Spring with construction of the actual improvements to occur in the Fall of 1999 or the Spring of 2000. BACKGROUND The City Council approved the Downtown Enhancement and Pedestrian Plan in November of 1998 after receiving recommendations from a broad based citizen task force, the Planning and Zoning Commission and the Historic Preservation Commission. City Council directed staff to proceed with a pilot project along Mill/Hyman Streets. Staff contracted with Design Workshop Inc. to prepare conceptual designs which are in front s: City Council today. If City Council, as the applicant, approves these plans an'! accepts the HPC conditions staff will then proceed with construction drawings and final engineering in anticipation of Fall 1999 construction. At the last City Council meeting, Council approved contracts for previously budgeted utility work which needed to be done prior to the work on the DEPP. DISCUSSION At this meeting, staff and Design Workshop Inc. will present the final conceptual design for the pilot project for Council approval. The DEPP workgroup has taken into consideration input from numerous entities, including the DEPP Committee, the Asset Management Committee, Commercial Core and Lodging Commission, the Planning and Zoning Commission and the Historic RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING THE DEPP PROJECT ALONG MILL STREET, FROM MAIN STREET TO HYMAN AVENUE, AND ALONG HYMAN AVENUE, FROM MILL STREET TO MONARCH STREET, ASPEN, COLORADO RESOLUTION NO. , SERIES OF 1999 WHEREAS, the City of Aspen, represented by Design Workshop Inc., has requested minor development approval to make improvements to pedestrian areas along Mill Street and Hyman Avenue, which is within the Commercial Core Historic District; and WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet all four Development Review Standards of Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval, namely: 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, I-I?C may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Inflll Program for detached accessory dwelling units pursuant to Section 26,40.090(B)(2). 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. 3. Standard: The proposed development enhances Or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereo~ and WHEREAS, Amy Guthrie, in her staff report dated April 7, 1999, recormmended approval for this phase of the DEPP project with conditions; and Approved as to Form: David Hoefer, Assistant City Attorney HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair ATTEST: Kathy Stricldand, Chief Depu~ Clerk MAYOR COUNCIL I 7,00 Snowmass Village $1,000 $500 Vail 1,000 500 Breckenridge 800 500 [ ~' ~ O Telluride 800 600 Glenwood ~ 500 400 Z I zf' {50o (9 %0 mo /,~- % t5o8 /G ~ Loo /0~?0 ~o~o 0 ~* 17;{ Lo7 oo ~ 1~b' ~ ~o MEMORANDUM To: Mayor and City Council Thru: Dave Tolen From: Lee Novak, Housing Office Subject: Snyder Park Affordable Housing Sales Prices Date: March 15, 1999 Summary: At the March 8, 1999 meeting, Council approved the construction budget for the Snyder Park Affordable Housing project and asked staff to return with modified proposals for unit sale prices at its next meeting. Background: At the March 8'h meeting, two pricing scenarios seemed to have the most support from Council members. One involved a significant RO component and the other included some category 2 units. Staff are also proposing a third scenario. All three scenarios are shown below and a more detailed analysis is attached. Scenario 1 Scenario 2 Scenario 3 7 Cat. 4 One Bedrooms 3 Cat, 2 One Bedrooms ~ 6 Cat. 3 One Bedrooms 2 RO One Bedrooms 4 Cat. 3 One Bedrooms q 3 Cat. 4 One Bedrooms 5 Cat. 4 Three Bedrooms 2 Cat. 4 One Bedrooms 2 Cat. 3 Three Bedroom~ 1 RO Three Bedroom 1 Cat. 2 Three Bedroom .~/Cat. 4 Three Bedrooms 2Cat. 3 Three Bedrooms '~f.~.. ~ 1~4,~A~ll~l*."' 3 Cat. 4 Three Bedrooms Total Subsidy $2,035,665 $3 A95,473 ) $3,180,01 l Per Bedroom Subsidy $75,395 $129,462 I $ l 17,778 Scet,~rio l includes three RO units. This mix would require a total subsidy of $2,035,665 and a per bedroom subsidy of $75,395. In the past, it has been Council policy not to create RO units with public funds, but to instead concentrate on the creation of category units for which there is a greater public need. The creation of RO units has been left to private developers using the AH zone overlay. In addition, the price for the three bedroom RO unit in this scenario exceeds the RO price limit proposed by the Housing Board. Some have expressed concern that the additional subsidy for scenarios 2 or 3 is too high an opportunity cost. That is, by spending these additional funds on the Snyder project, the Housing Daycare Fund will be unable to pursue other properties. Despite the subsidy cost of the Snyder project, the Housing Daycare Fund has sufficient money to pursue all of the projects outlined in the long range plan and achieve the 500 unit goal, Scenario 2 requires a total subsidy of $3,495,473 and a per bedroom subsidy of $129,462. This scenario includes four category 2 units. The Shytier units are large for category 2. The one bedrooms have approximately 740 square feet of livable space plus 720 square foot basements. The three bedrooms have an average of 1500 livable square feet plus two car garages with storage space. These sizes are even larger than the required minimums set by the Housing Guidelines for category 3 and 4 units. The size and amenities provided by these units make them appropriate for two income households or more affluent single income households. S,LINR VI~MO,..-IO~d ~.o # S.J.INR VI, M/:lO:tOBd ABOD:J,LV3 A8 AHO,LN:IANI ONISFIOH ONIJ, SIX:i VItro,.,. To: City Council Thru: Dave Tolen From: Lee Novak Subject: Snyder Park Construction Contr~/ct Date: March 16, 1999 Summary: Staff are asking Council to approve the construction contract with B&H General Contractors for the Snyder Park Affordable Housing Project. The total contract amount is $3,366,096. Background: On March 8, 1999, Council asked staff to move forward with construction of the Snyder Park Affordable Housing Project. While B&H is already doing work on the site, we do need to finalize our contract with them. The attached contract is for construction services for Snyder housing project. The contract base amount is $3,322,676. We have requested that the contractor include the following alternates: · Landscape ditch ($3,000), · Pathway lighting fixtures ($5,300), and · Landscape irrigation ($35,120) With the addition of these alternates the total construction contract is $3,366,096. We have retained the right to reduce this number if changes in the scope of work for asphalt paving and curb and gutter occur during the construction process. This contract has been reviewed and approved by the city attc,rTM ,~y. This contract does not include utility work. A separate contract is being prepared with Eanhx~orks for sewer, water and gas work. Recommendation: Staff recommends that Council approve this contract. B&H has done an excellent job of obtaining numerous bids for each component of the project. These prices have been called "very competitive" by the several other contractors that staff have contacted. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen Supplemental Conditions to Contracts for Construction. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of 'and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the dght t'o assign, transfer or sublet his or her interest or obligations hereUnder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a w ~iver of any subsequent default of any of the terms, covenants or conditions heroin contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attomey's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. COl-971 .doc Page 2 "CCI CERTIFICATE OF INCORPORATION CTo be completed if Contractor is a Corporation) STATE OF Colorado ) ) SS, COUNTY OF sa:fiela ) On this le:h day of March ,19.99 , before me appeared Hans gaafla , tO me personally known, who, being by me first duly sworn, say that s/he is vice President Of B & B General Contractors, Inc. and that the sea! affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authod~ of its board of directore, and said deponent ,acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. uR//~.o ) Notary Pu~ic Address f/Q Z,3 My co~ssion expires: [ ~ ' ~- 0 / JPW-O3/t7/99-G:~johakwordxagt~ayder-Conr, uet.do~ CO1-971 ,ctoc Page 4 "CCl Contractor and City Representative and Architect, or authorized representative of each, shall be required to attend such meeting as a condition of the Contract. The time and the day for Mandatory Weekly Progress Meetings shall be scheduled at the pre-construction conference. 5.0 PROGRESS SCI-IEDULE AND SEQUENCE OF OPERATIONS: 7.01 Within seven (7) days of the date of the bid award by the City Council, and prior to the pre-constmction conference, the Contractor shall submit for review a critical- path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showings,the actual rate of progress to date for the component divisions and for the Project as a whole. The actual rate of progress shown on the form. shall only include Work completed and shall not include stored materials. 7.02 The Contractor shall also submit for approval, prior to the pre-construction conference, a Traffic Control & Barricading Plan for each segment of the street, a narrative of the planned sequence of construction indicating the approximate date and time duration of any road or street restrictions or closures, utility interruptions, etc., as applicable to this project. 7.03 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical-path chart and in the absence of time extensions if any granted by the City, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable and make available more than one work crew to perform the work on time. 7.04 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the City Engineer 24 hours prior to the pre- consm'ction conference. Emergency phone calls must be responded to in 15 rainre: ~ or less and action must be taken on the emergency condition immediately. Such ~mergency calls shall be project related corrective and restorative work and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor fails to perform the required task within one hour of an emergency call. 7.05 The Contractor shall be responsible for keeping traffic flows on the streets at all times during and after their daily work activities. In addition, intermittent interruptions to traffic flow must be kept to a minimum. 6.0 SURVEY CONTROL: The Contractor shall be responsible for establishing grades from the Bench Mark(s) established and described in the Contract Documents. At a minimum, the Contractor shall establish a construction base line, layout staking and cut sheet(s) by an insured Colorado registered professional land 13.03 The procedures and methods used to sample and test materials shall be as specified or as determined by the City Engineer. Unless otherwise specified in these Special Conditions, samples and test shall be made in accordance with the latest standard methods of ASTM, AWWA, AASHTO, and CDOT's 1991 edition of Standard Specifications for Road and Bridge Construction. 13.04 The Contractor shall furnish at least one copy of test results to the Architect. 14.0 SUB-EXCAVATION, BACKFILLING & COMPACTION: Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the City Engineer, be removed. Removal of such material shall be to the depth and horizontal limits specified by the City. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub- excavation, backfill and compaction will be measured by the ton actually installed and be paid under Sub-Excavation & Backfill bid item. 15.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify within seven days of the Notice to Proceed the name and address of all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment or labor for this project. 16.0 WAIVER: It is expressly understood and agreed that any waiver granted by the City of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 17.0 PRECEDENCE OF THE CONTRACT DOCUMENTS: The order of precedence of Contract Documents shall be as follows: 1. These Supplemental Conditions 2. Special Conditions, if any. 3. Referenced Technical Specifications 4. Contract for Construction 5. Contractor's Proposal, except as follows: "Contract Items and Structure" on page 9: "Base Contract" provisions "Retainage" provision "Change Orders" provision All references to "Housing Authority" shall be replaced with "City of Aspen." 6. Standard General Conditions completed, City shall reduce the retain age amount to 5%. F. Article 14.2.1. I b shall be amended so that upon substantial completion of the Work, City shall reduce the retained amount to 2 Va %. G. All references to performance and payment bonds shall be disregarded. Contractor shall deliver to City an irrevocable letter of credit in an amount equal to $450,000.00 within 15 days of execution of this contract. The form of the letter of credit shall be reviewed and approved by the City of Aspen City Attorney. H. All references to Engineer shall mean Architect. I. Contract Documents shall include B & H General Contractors' Proposal dated February 16, 1999. JpW-O3/26/99-\\~commons\aspat~orney\john\word\agr\Snyder-Su~pCond.doc P~e2 Cost Alternates to Base Price Proposal Note: All alternates are an additional cost to the base contract preposal or a deduct to the bose contract proposal, as each indicates. 1 ). Landscape Ditch add to base contract proposal $3,000.00 Alternate shall provide for installation of the landscape ditch, including sidewalk crossing grates and culverts as indicated on sheets C1.3 & LH1.1. The extent of the ditch shall begin and end at the housing boundary line. 2). Street Lighting Rough-in-in add to base contract proposal $No Bid Alternate shall provide for trenching, installation of 2" PVC conduit, concrete boses for future lights (lights and installation of lights by others), bedding beckfill: and compaction per layout indicated on sheet C1.5. All light poles and fixtures, anchor bolts, wiring and installation is not included. (No bid on this item at this time due to lack of information of scope of work.) 3).Asphalt Paving unit price to delete from scope <$1.70 per SF> unit price to add to scope +$2.00 per SF Alternate add prices and alternate deductive prices are for changing of driveway widths only. Prices are not qualified for smaller parking areas, turn around, pathways, etc. 4). Concrete Curb &Gutter unit price to delete from scope <$16.00 per LF> Alternate is a unit price per linear foot to delete concrete curb & gutter from the scope of the base contract proposal. 5). Pathway Lighting Fixtures add to base contract proposal $5,300.00 Alternate is to install model ~E982-AL by Shaper Lighting at the pathway lights as indicated on sheet LH 1.1 in lieu of base contract proposar which includes model ~ef-8228 by Vista Professional Outdoor Lighting. 6). Hosebibs deduct to base contract proposal <$1,000.00> Alternate is to delete all hosebibs at all buildings in the project. 7). Roof Heat Tapes add to base contract proposal $20,000.00 Note: Alternate is an allowance sum the add heat tapes at potential problem ice build up locations at roofs. Contractor shall not be able to warranty these problem areas with-out the installation of the heat tapes. Note this alternate is an allowance including materials, labor and circuits. Heat tapes for gutters and downspouts are included in the base contract proposal. 8). Landscape Irrigation add to base contract proposal $35,120.00 Alternate add is for all irrigation system with-in the Snyder housing boundary lines including the pump in the pond outside the boundary line. Pricing is per Mount Daly plan dated 2/3/99 stamped received by B&H 2/11/99. Page 4 10). Errors & omissions insurance. Note: This insurance policy shall be carried and paid for by the project architect. 11). Surveying. 12). Window coverings. 13). Newly occupied unit homeowner trash removal. 14). New electric transformers by Holy Cross Energy. Note: The two new electdc transformers and vaults shall be paid for directly by the owner to Holy Cross Energy. Contractor shall excavate for and install vaults and piping supplied by Holy Cross Energy. 15). Rock blasting. 16). Site irrigation system. Note: The site i~gation system, that is not included in the base contract proposal, shall consist of all materials & labor required for taping onto water main, valve boxes, pumps, piping, heads, design, trenching, bedding, backfilling, controllers, and all wiring. Note: See add alternate above. 17). Security system. 18). Prewire, equipment, or monitoring of fire sprinkler system. 19). Dewatering.. Should ground water be encountered and pumping, or dewatering be required, that shall be at an extra cost to the base contract. 20). Heat Tapes. Note: See alternate add price to base contract proposal, 21). Demolition. Demolition of the existing structures previously performed in 1998 is not included in the base contract proposal. 22). Bike racks. Clarifications By Division Of Work: Non Divisional General Notes 1). The contractors general scope of work shall be a turn key project with-in the housing project boundary line as indicated on the site plan, with the exception of the main utility extensions and water feature ditch as described in division 2. See add alternate for water feature ditch. All water, sewer, and gas mair ~ shall be installed by others. Water mains shall be brought into each unit and terminated wit a flange, Gas mains shall be brought to each meter location at buildings. Sewer to be brought with-in 5'-0" of structure. 2). The only work included, in this contract proposal, outside of the housing project boundary line is specifically limited to the following tasks; A), Asphalt paving and subbase preparation from the project boundary line to Midland Avenue. (part of base contract proposal) B). Concrete curb and gutter and subbase preparation from project boundary line to Midland Avenue. (part of base contract proposal, also see price alternates) 3). Whenever a product is listed herein as "or equal" the contractor shall submit the equal product to the owner, before purchase, for approval. 4). Non of the units are designed to be ADA compliant. Page 6 Division 5, Structural Steel & Misc. Metals 1). No steel guardrails or handrails are included in the project. Rails, where required shall be of wood construction, with the exception of the main site stairs between buildings A & B. The rail at that location shall be a single steel pipe rail. 2), The removable pipe bollard as indicated on sheet C1.3 shall be 4" diameter. Division 6, Carpentry 1). All exterior trim material to be STK S1S2E cedar. 2). All window sills to be premanufactured cultured marble, sill only, no apron. 3). All interior finished areas of units shall include baseboard. All baseboard to be painted MDF-633 1/2" x 3-1/4". 4). All interior sides of exterior doors and interior doors shall include casing. All casing to be painted MDF-346L 9/16" x 2-1/4". 5). All softits to 3/8" RS fir plywood with "football" repair patches. 6). All interior handrails are to be wood mounted on standard handrail brackets. 7). All exterior lx8 v-groove siding, both horizontal and vertical mount, shall be STK W/R cedar. 8). Carpet shall be installed adjacent to drywall in stairwells, no wood skirt boards are included. 9). Each pantry shall receive 5 each 24" deep 3/4" particle board bullnosed shelves supported by lx2 #2 pine cleats. 10). Each closet shall receive a chrome closet rod and one 12" deep particle board bullnosed shelf. Division 7, Thermal & Moisture Protection 1). All fiashings shall be a standard color as manufactured by Berridge. 2). All roof areas to receive a 100% coverage of bituthene underlayment before application of finish roofing material. 3). Metal roofing shall be Pro Panel, or equal, with exposed screw fasteners. ,~). All gutters shall be standard K-style, in one standard color. 4. The underslab rigid insulation is not required nor included in the base contract proposal. Division 8. Doors. Windows, Hardware & Glazing 1). All windows as indicated on the plan, shall be Visions 2000, standard color tan, or equal. 2), All overhead garage doors to have lx wood veneered face, per the plan elevations. No false applied hardware for appearance is included. Actual manufactured overhead doors shall be 1-3/8" thick hardboard sectional doors with 1-1/16" thick expanded polystyrene cores by Plycraft, or equal. All doors shall have motor opener operators model 777-CD with a 120 KG DC motor and Kevlar belt operation. Each unit shall have one single channel transmitter and photo cell safety system. All units shall have upgraded tracks, springs, and hardware to accommodate additjonal weight of applied veneer siding. 3). All door hardware shall be Schalge F series, Orbit, bright brass finish. 4). All interior doors are to be hollow core. 5). All windows scheduled to be fixed shall be direct set glazed units unless specifically noted on the window schedule. P~e8 Division 12. Cabinetry & Tops 1). No banjo tops, that extend over the bathroom stools, are included. Top to terminate at the end of each vanity. 2). All countertops are to be standard color post formed, by Wilsonart. 3). All cabinetry is to be Timberlake Value Line with Fairfield P1 door style, or equal. All cabinet door and drawers will have a 13 degree back bevel which eliminates need for decorative pull hardware. No decorative pull hardware is included in base cont[act proposal, 4). All snack bar countertops shall be the same elevation and have an overhang of 12". Snack bar areas are not elevated. Division 13. Special Construction 1). No special construction items are part of this project or contract proposal, Division 14. Conveying 1 ). No conveying systems are part of this project. Division 15. Plumbing. Heating & Mechanical 1). All kitchen range hoods shall be recirculating, not vented. 2). Each building will be Serviced with 1 backflow preventor and 1 pressure reducing valve. 3). No drains in garages are included. All garage concrete floor slabs shall slope to drain to ~he overhead door, 4). No hydronic snowmelting systems are included. 5). All tub/shower units are to be a premanufactured one piece acrylic unit. 6). The fire sprinkler system and it's related piping shall be exposed at R-Control roof panel locations. 7). All grilles shall be painted steel. 8). All waste & vent plumbing lines shall be PVC. Division 16. ElectriCal 1). All bath fans are included in the electrical fixture allowance. Vent piping is included in the base proposal. · 2). All pathway lighting fixtures to be model #8228 by Vista Professional Outdoor Lighting. 3). Heat tape & circuits for heat tape are included in the base contract proposal. See alternates for additional problem roof area heat tape. P~elO Home Owner Relations All unit home owner and prospective unit home owner relations shall be channeled through the Housing Authority to the contractor. Changes in Scope of Work Any requests for changes from the prospective home owners shall be compiled and presented in detailed written form to the contractor for pricing. The contractor shall be allowed 6 working days to respond to the request for pricing. All changes must be approved in writing by the Housing Authority before any work shall proceed on such changes. All approved changes will be contracted in change order form directly between the contractor and the Housing Authority, and paid to the contractor from the Housing Authority. Due to project scheduling all change orders will be given a fair amount of time for Housing Authority response. All change orders shall be considered null and void after the required response date that will be posted on each change order and the contractor shall proceed with the project per the base contract specifications. The contractor will not be contracting directly with unit home owners or prospective unit home OWReFS. Punchlist Before occupancy of any unit, the contractor, architect, and Housing Authority representative shall perform a final walk-through punchlist. The punchlist shall be in written form prepared by the architect. The contractor shall repair or correct any deficiencies promptly. Upon completion of each units punchlist, they will be considered 100% completed by the contractor. The contractor will be responsible for one punchlist per unit. General occupation of the unit will not constitute further punchlist items. Warranty All requests for any possible required warranty work shall be at the direction of the Housing Authority to the contractor. Utilities Upon completion (C.O.) of each unit, the cost of the utilities shall become the res~ nsibility of the unit owner or the Housing Authority. The contractor shall no~ , the Housing Authority on which units utilities are to be changed into the owners name on which date. Should the uti~ties not be transferred on the date of CO the costs of utilities shall be prorated from that date and charged to the owner as an additional cost to the base contract. AAAA&AAAAAA.AAAAAAAAAAAAAAAAAA&AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA~AAAAA Memo - Barbee (Family) Subdivision and Final PUD pedestal or other above ground equipment must be installed on an easement provided bY the property owner and not located within the public fight-of-way. As stated in the application, the 20 ft wide water main easement into the development will run through the driveway (Lot 12). Any required easements for utilities shall be shown on the' final subdivision plat submitted for approval and shall also be shown on the plan sets submitted for building permits. 3. Final Plat, Agreements and Building Permits The applicant will prepare the final subdivisionfPLrD plat, all agreements and fulfill the conditions of approval which precede any construction activities prior to submitting any applications for building permits. Utility providers will have signature blocks on the final plat for confirmation of compliance with their standards for their respective utility systems, A space I0 feet wide across the frontage of Lot 1 should be reserved for future right-of-way dedication and identified as such on the subdivision plat. 4. Streets and Pedestrian Area: The intersection of S. Garmisch St. and Juan St. most likely will require re-construction to improve the width, alignment and grading of the roadway and to improve the storm drainage. We expect improvements to the adjacent streets will become necessary, in part, as a result of this development. These improvements should include pavement improvements, re-aligning, grading and reconstruction of the comer of S. Garmisch St. and Juan St., street Iighting, drainage, and landscaping. The street-scape improvements would include curb, gutter and sidewalk, planted median, and street lighting. 5. .Driveway Access: Given the irregular intersection geometry of S. Garmisch St. and Juan St., the driveway to Lot 2 should be located at the northerly side of this lot to provide better sight distance between the driveway and the intersection. 6. Redevelopment of Lot 1: If, or when the existing house on Lot 1 is removed, the owner will dedicate ten (10) ft width of right-of-way to the City dependent upon the existing width of the right-of-way and the needs of the City for such widening. Correspondingly, the front setback line and building envelope for this lot should be set based upon the revised front lot line after such adjustment, ira front lot line adjustment is completed. 7. Site Drainage and Erosion Control: The new development shall not release more than historic storm run-off flows (in non-concentrated fashion) from the site and any increase in historic storm run-off flows must be first routed and detained on the site. A drainage plan and report by a currently licensed Colorado civii engineer shall be included in the site development plans submitted for the individual free-market and deed restricted lots as each is developed. The report should provide general construction techniques and details (minimum standards) for erosion control and sediment transport control to be employed by the developer(s) when the several residences are constructed. If the lots are developed individually, the properly lines shall be fenced with construction and sediment fencing prior to construction and shall be securely DRCM6a99.DOC 2 OF4 Memo - Barbee (Family) Subdivision and Final PUD maintained until the later of either establishment of the permanent ground cover or issuance of a C.O. for the project. 8. Mine Closures and Mine Tailing Clean-up: The property owners should provide full disclosure of the conditions (size, depth, stability) of the shafts and mine openings to the City. The several mine shaft openings and discovery shafis should be evaluated by a qualified, independent party to determine if any reclamation activities need to be performed to secure the mine workings and secure the sites as possible hazards to the future property owners and the general public. The Colorado Geological Survey may perform the evaluations without charge for the owners, If any remediation or closure work is recommended by the CGS, the owners should arrange to complete the work prior to development of any housing units and prior to conveyance of the open space parcel to the City. The Colorado Division of Minerals & Geology, (Dept. of Natural Resources) can provide recommended design details and procedures for the closure of mines. 9. Survey Monument Records: The applicant's surveyor shall record the monument records prescribed by State law. These records shall be filed before the recordation of the subdivision/PUD plat and the proposed annexation of the parcel presently located in the county. 10. West Aspen Mountain Trail: The location of the existing hiking trail shall be included on the Improvement Survey and on the final subdivision plat. If a new alignment is developed or approved for the trail, this should be shown on the subdivision plat. I 1. Water Wells and Water Rights: If there are any water wells on the subject ' property., they will be properly abandoned and capped according to the City Water Department standards prior to development of any housing units and prior to conveyance of the open space parcel to the City. The owners will fulfill the requirements of the City Water Department for new service and conveyance of water rights. 12. Underground Improvements: The owners will filly disclose the location and condition of any underground improvements, facilities or services such as underground storage tanks GUSTs), wells, vaults, cellars, pipelines, etc. which may be located on the property. 13. Street Lighting: The applicants should provide a street light along the S. Garmisch Street frontage of the property as per the site plan. 14, Rock Removal: The stone rip-rap along the westerly side of S. Garmisch St. may need to be removed to permit the construction of the sidewalk and provide an easement for the existing sanitary sewer main and manhole. This is contingent upon verification of the right-of- way width and geometry. DRCM6a99.DOC 3 OF4 Memo - Barbee (Family) Subdivision and Final PUD 15. AD.U Parking: If any ADUs aredeVeloped in the free-market homes, on-site ADU parking will be provided for the unit(s) on the respective lot. 16. Standard Conditions of Construction: The standard conditions regarding construction practices (e.g. dust, debris and drainage conwol on and around the site, Waffle control, temporary facilities and parking, etc.) will be required of the developer at the time of Construction. As-built records in GIS compatible format will need to be submitted to the City GIS Dept. to update the city records for the several stages of development. This condition also applies to the individual development of the free-market lots. DRCM6a99. DOC 4 OF4 FEB 17 '89 I~:57PM ASPEN HOLSIN60FC P,~ MEMORANDUM TO: Chris Bendon, Community Development Dept. FROM: Cindy Christensen, Housing Of~ce DATE: February .17, '1999 RE: Barbee Subdivision and Final PUD PaNe! ID No. 2735-131.00-i00 REQUEST.: The applicant received conceptual approval to annex the County portion of the property into the City and to subdivide the property into t2 lots for development purposes end a conservation parcel, Lot 1 contains an existing sln~lle-family residence. Lots 2, 3 and 4 are to constitute the project's he-market component. The affordable housing portion is to include +.hree Resident Occupied single-family lots and two Category ~, duplexes. The duplexes .are to contain three bedrooms and approximately ~,400 square feet of ~o=r area, plus a 500 square foot basement. The Re residences will be restdct6d to a minimum of three bedrooms, maximum size of 2,200 gross square feet, a maximum 500 square foot garage and an B0O square foot basement. RECOMMENDATION: The Housing Board recommends approvar of this project, but would aiso like the opportunity to re-evaluate the designation of the duplex units to a lower category. A condition of approval is recommended that would allow the review of the pro formas to evaluate whether any or all of the units Can be Categorized to a lower category, MEMORANDUM To: Chris Bendon, Community Development Department From: Lee Cassin, City Environmental Health Director Date: February 2, 1999 Re: Barbee Subdivision and Final PUD Parcel ID #2735-131-00-100 The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City. of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECT/ON: Section 11-1.7 "It shall be unlawful for the owner or occupant of an3' building used for residence or business purposes within the city to construct or reconstract an on-site sewage disposal device," The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the Ltke within the cit~- lm-dts which use water shall be connected to the municipal water utilit)- system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply fron~ injuU' and pollution, the city shall exercise regulator)' and supervisor)' jurischcfion within the incorporated lurdts of the City of Aspen and over all streams m~d sources contributing to rnunjcipaI ~'ater supplies for a distance of five (5) miles above the points from which munjcipal water supplies are diverted." The applicant has addressed this issue with the provision of drywells on site to detain runoff from impervious areas. This drainage plan to mitigate the water qualiD, impacts from drive and parking areas will be evaluated by the City Engineer. AIR QUAL1TY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air Furit), possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid trar~portat~on demands that cannot be met" as ~,eL1 as to "provide dean air by protecting the natural air sheds and reducing pollutants". The code requires that the proposed development not have a deleterious effect on air quality in the surrounding area and the city. The primary negative effect on air quality of a residential development is the traffic generated, and the resulting PM~0 emissions. To meet the code requirements, the development will need to determine which mitigation measures will be the easiest for the applicant to implement, PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM10 reduction measures elsewhere. The application does not address this, but con.fines its comments to stating that traffic will increase and the neighboring streets can handle the added traffic. In our previous comments on this application we recommended that a condition of approval be that before final submission the applicant provide information to the Aspen/Pitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset any increases in PM~0 caused by the project. The standard Institute of Transportation Engineers Trip Generation Report, Fifth Edition ITE trip generation rate is 9.55 trips/day for a single family home or duplex unit. This number of trips is not expected to be made just by the residents. The figure includes trips by visitors, mail trucks, service workers, etc. However, the Pitkin County Road Maintenance Standards allow a trip reduction for residential units located within one half mile of a transit stop of 1.5 trips per day. While in many cases, this is not realistic, given the location of this project within walking distance of downtown for errands that do not involve carrying heavy items, and within walking distance of bus routes, this reduction is more reasonable. This project consists of 11 homes, one of which is already existing, so the net number of trips to be offset is 80 trips/day, which produces 11 pounds of PM~0 emissions per day. (This is after taking the reduction for proximity to transit.) There are several measures the applicant can explore to reduce, and then offset the trips. These include, just to list a few of the steps other applicants have taken or proposed, and that might work for this project, · Having reduced homeowners assessments (or sale prices) for owners having one or no cars · Providing covered, secure bike storage facilities (minimal trip reduction) · Providing free bikes for use of owners to reduce car use for short trips (small trip reduction) · Having a gate with small fee so that persons leaving the parking area in a car pay a small fee each time, to encourage residents to make some short trips on foot or bike (Many other measures have been implemented as well, from providing Dial-a-Ride service to adding bus service to providing a connecting bike trail easement to plowing a bike path, to paving an existing unpaved area, etc. These measures would probably not be appropriate for this project.) These or any other programs that the applicant feels might benefit the project, and will also reduce trips could be used. A combination of measures will likely be needed. A condition of approval should be that the applicant provide a PM10 mitigation plan for approval from the Aspen/Pitkin Environmental Health Department, which documents that measures are sufficient to offset increases in PM~0 caused by the project. This plan should be approved prior to final approval or issuance of building permits. Without such a plan, the project would result in significant adverse impacts on the natural environment, T~his was also a condition of approval of Ordinance No. 44, Series of 1998 and has not yet been c0mplied with. FIREPLACE/WOODSTOVE PERMITS The applicant must file a fireplace/woodstove registration form with the Build/rig Department before the building permit wLU be issued. In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unJLm/ted numbers of decorative gas fireplace appliances p_~ bu/lding. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed 1/mits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust contro/wtU be crucial due to the closeness of existing homes to the site. CONFORMANCE WrTH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a sigrtfficant source of envLronn~ental pollution that represents a present and increasing threat to the public peace and to the health, safer' and welfare of the residents of the City of Aspen and it its visitors..,...Accordingly, it is the pol/cy of council to provide standards for permissible noise levels in various areas and manners and at various t~mes and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m, It is very likely that noise generated during the construction phase of this project wLU have some negative impact on the neighborhood. The applicant should be a~'are of this and take measures to minirn/ze the predicted high noise levels. A suggestion that has been very effective for others is notifying neighbors of the construction schedule. To: Chris Bendon, Planner C-,O~i~U~i~Z~/plT:ig~99 EVEL OP~i~N,T From: ~n F~e Protection D~ct Subject: B~ SuMi~ion ~d Fhl P~ Date: Feb~ I, 1999 C~, T~ project s~ meet ~ of the codes ~d req~ements of ~e ~pen Fke Protection D~tdct. ~ ~cludes ~d g not tied to tho~ out~ed ~ Section IV p~e 20. If you ~ve ~y que~iom or conce~ ple~ do not hesitate to contact me. T~ you, E ~ a ave~ Fke M~shal dV Wk Aspen Consohctatect Sanitation District Sy Kelh' * Chairman John Kel&er Paul Smith ' Treas FranL' Loushin Michael Kelly * ~ecy Brace Matherly, Mgr February 1, 1999 Chris Bendon Community Development .... 130 S. Galena St. Aspen, CO 81611 ' ~" - ....... R~: Barbee Subdivision Final PUD Dear Chris: The Aspen Consolidated Sanitation District' currently has sufficient line and treatment capacity to serve this project. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Once detailed plans are available, tap permits can be completed which wilt estimate the fees for the project. We would request that the total connection fees be paid prior to the issuance of building permits. The applicant will be required to complete a line extension request and collection system agreement for the short line extension that will be needed. Both items will need to be approved by our Board of Directors. Shared service line agreements will also be needed ibr the affordable housing component if it is served by shared service lines. There are some downstream line constraints that will be eliminated through a system of proportionate additional charges. It is not clear from the plans how sewer service will be provided for lots 5,6, and 7. The short line extension that is shown may need to be extended to allow lots 5,6, and 71o be served. DiStrict line specifications prohibit taps to manholes. · . ~ca~,: ,.a. if you have aiiy questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St.Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-253~ MEMORANDUM TO: Chris Bendon, City Planner FROM: Suzanne Wolff, County Planne~X},) RE: Barbee Family Final Subdivision/PUD DATE: February 2, 1999 I have reviewed the application and offer the following comments: The Count3:' Planning staff supports annexation of the remainder of the Barbee parcel into the City and the rezoning and development of the majority of the parcel as a mixed affordable housing/free market project. The site is consistent with the philosopies and criteria of the "Aspen Area Citizen Housing Plan" that was jointly adopted by the City and County Planning and Zoning Commissions in June of 1998. SpecifiCally, the development is within the Aspen metro area, is adjacent to available public mass transit, does not promote sprawl, and is served by existing urban services. The Aspen 'Skiing Company has proposed in their recently approved Aspen Mountain Master Plan to open existing terrain on lower Shadow Mountain/West Aspen Mountain, when conditions permit. Egress from this terrain is represented to be "near Liti, le Cloud Park", but staff would note that this terrain may be adjacent to the 13.6 acre conservation parcel to be established as part of this development. The applicant may wish to contact ASC to determine the boundaries of the ski terrain. I RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE SPECIAL REVIEW FOR PARKING AND RECOMMENDING CITY COUNCIL APPROVAL OF THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION, REZONING AND SUBDIVISION FOR THE BARBEE PROPERTY, LOTS 1 AND 2 OF BLOCK 11, AND LOTS 1-9 OF BLOCK 5, CITY AND TOV~NSITE OF ASPEN, PLUS ADDITIONAL METES AND BOUNDS DESCRIBED PROPERTY WITHIN THE CITY OF ASPEN AND PITKIN COUNTY AS REPRESENTED, PARCEL NO. 2735-131-00-100 Resolution #99- WHEREAS, the Community Development Department received an application from Mary Barbee, John Barbee, Hallie Rugheimer, Aspen-Pitkin Employee Housing Inc.,applicant, for a Special Review for Parking, and Final Planned Unit Development, rezoning and subdivision approval on an approximately 17.34 acre parcel of land, described as Lot 1 and 2 of Block 11, and Lots 1-9 of Block 5, City and Townsite of Aspen plus additional metes and bounds described property within the City of Aspen and Pitkin County as represented, for the development of ten new residential units consistent with the Affordable Housing - Planned Unit Development (AH1-PUD Zone District, the Conservation Zone District, and the R-15/PUD Zone District; and, WHEREAS, the application was referred to the relevant agencies and the Housing Office, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering Department, Parks Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a regular meeting on March 16, 1999, the Planning and Zoning Commission approved the Special Review for Parking and recommended, by a 4 to 0 vote, the City Council approve the Final Planned Unit Development, rezoning and subdivision for the Barbee property, with the conditions recommended by the Community Development Department, as amended by the Commission; and, WHEREAS, the proposed development is further subject to Annexation and ReSidential Design approval pursuant to the Municipal Code. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby approves the parking for this project, and recommends that the City Council approve the Final Planned Unit Development, rezoning and subdivision with the following conditions: 1. The Land Use action is subject to annexation of the property into the City of Aspen. Failure to complete annexation for any reason shall render this land use action void. 2. Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Final PUD/Subdivision development plan. This plan shall include all necessary plat requirements of the City Engineer including site plans, grading plans, utility plus, any physical improvements required to mitigate for additional air quality impacts as determined by the City Environmental Health Department, all utility easements, architectural plans and elevations, and a landscape plan. 3. Within l S0 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Improvements Agreement binding this property, the Barbee Subdivision, to this development approval. The Agreement Shall describe all subdivision improvements, requirements, and restrictions, and maintenance, and shall provide financial assurance to the City for said improvements and the success of the site landscaping for a period of twO (2) yjars after installation. The agreement shall be reviewed concurrently with the final plat and approved by the City Attorney prior to recordation. 4. The Planning and Zoning Commission recommends the following description ofeach Lot's development provisions be included in the final Ordinance: Retluirements Common to Entire Development Lot Dimensions: As represented on Final Plat. Minimum distance between buildings: 10 Feet Maximum height: 25 Feet. Building Envelope: No development other than approved landscape materials on natural grade, approved access ways, and approved driveways may occur outside of the building envelope, as represented on the final plat and within the setbacks. Minimum percent open space: No requirement Lot 1 (existinlz free-market) Zone District: R- 15 - PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum fi'ont yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North and East sides 10 feet each. Lot 2 (free-market) Zone District: AH 1 -PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: 60 feet. Minimum side yards: 10 feet. Lot 3 (free-market) Zone District: AH I -PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: l 0 feet. Minimum rear yard: 50 feet. Minimum side yards: 10 feet. Lot 4 (free-market) Zone District: AH 1 -PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: I0 feet. Minimum rear yard: 50 feet.. Minimum side yards: 10 feet. Lot 5 (resident occupied) Zone District: AH 1 -PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North 10 feet; South 15 feet. Lot 6 (resident oecunied) Zone District: AH 1 -PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: 10 feet. Lot 7 (resident occurled) Zone District: AH 1 -PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North 10 feet; South 15 feet. Lot 8 (cate~lorv unit) Zone District: AH 1 -PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 35 feet from southem-most lot line Minimum rear yard: I0 feet Minimum side yards: east 0 feet; west 9 feet. Lot 9 (category unit) Zone District: AH 1 -PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 27 feet Minimum rear yard: 10 feet Minimum side yards: east 7 feet; 0 feet. Lot 10 (categors' unit) Zone District: AH 1 ~PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 14 feet Minimum rear yard: 10 feet Minimum side yards: east 0 feet; west 7 feet. Lot 11 (cate~tory unit) Zone District: AH1-PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 6 feet Minimum rear yard: 10 feet Minimum si.de yards: east 14 feet; west 0 feet. Lot 12 (shared access ~arcel) Zone District: AH 1 -PUD Allowed Uses: l 0 carport parking spaces, trash, snow storage, uses accessory to use of residential lots. Residential use shall require a substantial PUD amendment. Allowable Floor Area: 10 covered carports in two structures as represented on final plat. Setbacks: As represented on final plat. Trash access area: Minhnum 10 wide, unobstructed. Conservation Parcel Zone District: Conservation Allowed Development and Uses: Uses allowed in the Conservation Zone District and allowed pursuant to the Deed of Conservation Easement. Uses and development necessary for community health and safer>' reasons may occur on this parcel. 5. The City shall accept title to the "conservation parcel" only after the City Attorney has reviewed all aspects of the Bargain Sale Deed, the Deed of Conservation Easement, and is satisfied that no inordinate liability issues exist with respect to prior mining activities on the parcel. To satisfy this concern, the City may require areas of mining activity to be mitigated, or otherwise properly treated, or a legal instrument indemnifying the City prior to conveyance. 6. Replacement after demolition of the existing single-family residence on Lot #1 shall require a GMQS Exemption pursuant to Section 26.100.050, as amended. 7. The Home Owners Association responsible for Lot #12, the common access way, shall install a stop sign at the exit of the access way at such time determined necessary for public safety by the City Engineer. 8. Access to Lots 2 and 3 shall be via the shared access easement as described on the final plat. The City Engineer shall issue only one curb cut permit between these two Lots. 9. All Lots are subject to the City's Residential Design Standards, as amended. Lot #1 shall be subject to the provisions of the Landscape Guidelines, as proposed in Exhibit B of the draft SIA upon redevelopment of the Lot. All other aspects of the Residential Design Standard, as amended, applicable to all Lots of this Subdivision may be appealed to the Design Review Appeal Committee pursuant to section 26.58, as amended. 10. The Building Permit application for each Lot shall include an appraisal of the Lot's fair market value. The City shall retain the right to concur with the fair market value represented by the owner or obtain a third party appraisal performed by an agreed upon real estate appraiser at the sole cost of the Lot owner. 11. Prior to issuance of a Building Permit for an individual Lot, the School Land Dedication Fee shall be paid in full pursuant to the formula in affect at the time. 12. Prior to recordation of the final plat, an air quality mitigation plan shall be submitted to the City Environmental Health Department for approval. Physical improvements to the site required for mitigation shall be delineated on the final plat. 13. A Building Permit application for any Lot shall include a fugitive dust mitigation plan for review and approval by the City Environmental Health Department. 14. Prior to issuance of a building permit for any Lot, the applicant shall gain the necessary permits from the EnVironmental Health Department for any fireplaces or woodburning devices. 15. Construction activity is limited to the hours between 7 a.m. and 10p.m. No Sunday construction will be allowed. Exceeding the City Noise Ordinance may result in a stop work order. 16. The applicant shall provide a street light near the vehicular entrance to the development. The standard for this light shall be reviewed and approved by the City Engineer. All other exterior lighting shall be downcast, sharp cut-off, and not used to accentual landscape or architectural features of the development. No exterior up lighting is permitted. No exterior floodlights are permitted, 17. The Chief Building Inspector shall assign street addresses as follows: Lots 2-4 shall receive numbers with a S. Garmisch Street address. Lots 5-11 shall receive numbers with a Dean Street address. 18. The applicant is strongly encouraged to protect the existing shed north of the existing parking pad (approximately lot 4 of Block 5). The structure could be preserved permanently on-site as a cultural landscape feature, preserved temporarily on-site until development and moved to a receiving site, or the facades could be incorporated into the S. Garmisch Street side of the carport structure. 19. Prior to the issuance of a Certificate of Occupancy for the duplex units, six (6) street trees shall be provided along the S. Garmisch Street R.O.W or Midland Trail in locations approved by the City Forester considering the storage of plowed snow. These trees shall be three-inch or greater caliper if deciduous Or at east six foot in height if coniferous. 20~ Prior to applying for a Building Permit, the applicant will be required to gain approval for a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. For the duplex units, a shgred service agreement may be required. There exists a possibility tha~ gravity service from Lots 5-7 will require a pump system. 21, Prior to issuance of a Building Permit for any Lot, adequate silt fencing shall be erected to ensure that no sediment-loaded drainage wilt be leaving the property during construction. This fencing shall remain in place until a Certificate of occupancy is issued for the respective Lot. 22. Prior to applying for a Building Permit for any Lot, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. This agreement can be recorded with the plat and SIA documents. 23. Building Permit applications for any or all lots shall include payment of a $50.00 per project fee in lieu of digital submission requirements. 24. Any work within public rights-of-way shall gain approval from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 25. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 26. That the City council determine the final "mix" of categories to be assigned to Lots 8, 9, 10, and 11. 27. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 28. That the language of these conditions as finally approved by the appropriate authority be printed on the cover sheet of the building permit set of plans and all other sets made for the purpose of construction. 29. That the applicant shall be required to provide the contractor with copies &all P&Z, GMC, and City Council resolutions and ordinances applicable to this project. The contractor must submit a letter as part of the building permit application indicating that conditions of approval are known and understood. 30. That a Parking Management Plan be submitted for staffs review and approval prior to the Building permit application which will address the phasing, staging, and construction parking on the site. APPROVED by the Commission at its regular meeting on March 16, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Bob Blaich, Chair ATTEST: Jactde Lothian, Deputy City Clerk G:/plannlnga'~sperdresos~doc/pS:zJbarbee~nal,doc RESOLUTION OF THE GROWTH MANAGEMENT COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF THE ALLOTMENT OF SEVEN (7) DEED RESTRICTED AFFORDABLE HOUSING UNITS AND THREE (3) All ASSOCIATED FREE-MARKET UNITS AND THE METHOD OF PROVIDING AFFORDABLE HOUSING FOR THE BARBEE PLANNED UNIT DEVELOPMENT, LOCATED NEAR THE CORNER OF JUAN ST. AND S. GARMISCH ST., CITY AND TOWNSITE OF ASPEN .. PARCEL NO. 2735-131-00-100 Resolution #99- WHEREAS, the Community Developmere Depar~ent received an application from Mary Barbee, John Barbee, Hallie Rugheimer, and Aspen-Pitkin Employee Housing Inc., applicant, for a planned unit development, subdivision, and rezoning, requesting · approval for the allotment of seven (7) deed restricted affordable housing units and three (3) All associated free-market units on land described as Lot 1 and 2 of Block 11, and Lots 1-9 of Block 5, City and Townsite of Aspen, plus additional metes and bounds within the City of Aspen and Pitkin County as represented; and, WHEREAS, the application was received by the Community Development Department which reviewed the proposal to determine if the proposed development will be consistent with the Aspen Area Community Plan and other adopted plans, and whether the proposed development will comply with all applicable requirements of the City Code; and, WHEREAS, the Community Development Department recommended approval of the proposal, finding that the applicable AH housing requirement~ are as follows: 1. Deed restricted units to be a minimum of 70% of the project mix; 2. Category deed restricted units to be a minimum of 40%; 3. A maximum of 30% free-market units/bedrooms; and that the applicant is proposing that 70% of the project be deed restricted, that category units make up 40% of the mix, and that the free-market component be comprised of 30% of the total units and 30% of the total bedrooms, and that this mix meets the minimum standards set forth in the code; and WHEREAS, during a regular meeting on March 16, 1999, the Growth Management Commission, in accordance with the land use code, Section 26.100~050, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee, shah be exempt frOm the growth management competition and scoring procedures by City CounciL" and "Free market residential development in the AH zone district shall be exempt from the growth management competition and scoring procedures," determined that this proposal is eligible to be exempt; and WHEREAS, these exemptions are deducted from the pool ofammal allotments and from the metm area development ceilings, and there are adequate allotments available to serve this project; and WHEREAS, during a regular meeting on march 16, 1999, the Growth Management Commission recommended, by a 7-0 vote, the City Council approve the allotment of seven (7) deed restricted affordable housing units and three (3) AH associated free-market units and that this be the method of providing affordable housing for the Barbee Planned Unit Development as recommended by the Community Development Department in their memo dated March 16, 1999; and, WHEREAS, the proposed development is further subject to Final PUD, Rezoning, Subdivision, Special Review, and Residential Design approval pursuant to the Municipal Code. NOW, THEREFORE BE IT RESOLVED by the Growth Management Commission that the City Council should approve the allotment of seven (7) deed restricted affordable housing units and three (3) AH associated free-market units and that this be the method of providing affordable housing for the Barbee Planned Unit Development, with the following conditions: 1. The project shall consist often (10) new residential units. Three (3) shall be free-market units of no more than three (3) bedrooms each. Three (3) shall be RO Lots, each for the purpose of a single-family residence of no less than three (3) bedrooms. Four (4) shall be Category 4 three bedroom units constructed and conveyed pursuant to APCHA Guidelines. 2. At or near completion of the Category duplex units, the applicant shall provide the AspenfPitkin County Housing Authority the opportunity to "buy-down" the Category designations of the Category Units and the RO Lots or Units to a lower Category prior to conveyance. 3. The applicant is fully subject to all reviews and approvals by the Aspen Planning and Zoning Commission and the Aspen City Council as required in the Municipal Code. In no way shall this recommendation imply approval of any other required approval. 4. All material representations made by the applicant in the application and during public meetings with the Growth Management Commission shall be adhered to and considered conditions of this recommendation, unless otherwise amended by other conditions. APPROVED by the Gro~h Management Commission at its regular meeting on March 16, 1999. 2 APPROVED AS TO FORM: GROV~fH M,4~NAGEMENT COMMISSION: 'City Attorney Bob Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:/planning/aspen/resos,doc/gmc/barbee.doc 3 Memorandum TO: Mayor and City Council THRU: Jeff Woods, Parks Director FROM: Rebecca Schickling, Assistant Parks Director DATE: April 7, 1999 RE: Barbee Conservation Easement At the last Council meeting on March 22, Council requested that staff review the value of the open space parcel being donated in exchange for a waiver of park dedication fees. The estimated value of the park dedication fees for this project is approximately $36,000. The appraised value of this property, if the City were purchasing the property, is likely to be considerably higher. In 1977, the City acquired the Little Cloud Mining Claim for $95,000, the acreage of which was only 2.2 acres. The County recently acquired a conservation easement on a similar parcel of steeply sloping land as part of the Moore P.U.D..development. The County parcel, approximately 89 acres, was purchased for $400,000 and has no public access. One of the primary benefits of the Barbee parcel is the formalizing of the trail easement (no trail easement exists) and the ability to connect to the Aspen Mountain Trail. The Aspen Mountain Trail has been a high priority for a number of years and has been recognized in numerous community master plans, including the Pitkin County Trails Master Plan, the Aspen Pedestrian and Bikeway Plan and the Parks, Recreation and Open Space Master Plan. Another benefit of this open space parcel, is the transitional habitat that it provides for wildlife. The area to be preserved is a combination of Gambel Oak, Aspen, and Spruce/Fir Forest. These connected transitional zones are decreasing in and near town as development pressures are extending higher on slopes. These ecotypes support a greater diversity of wildlife and the overlap of these zones are ecologically important. Staff believes that for these reasons, the City is fortunate to be able to acquire such a valuable parcel of land in exchange for a waiver of park dedication fees. The final consideration i~ in regards to the Conservation Easement. The City would acquire fee simple title to the property, however, a conservation easement would encumber the deed. The Aspen Valley Land Trust would be the benefactor of the conservation easement. Staff has discussed the conservation easement with the Executive Director of the Aspen Valley Land Trust, Reid Hanghey, to ensure the City will have the ability to relocate a trail if necessary, on the parcel to meet the needs of the City. If Council would prefer we could re-examine the language of the conservation easement to ensure there will be no legal O~tac~ in the future to such a t-rail relocation. ~ ORDINANCE N0. 11 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PLANNED UNIT DEVELOPMENT, SUBDMSION, REZONING, GROWTH MANAGEMENT EXEMPTION FOR AFFORDABLE HOUSING, VESTED PROPERTY RIGHTS APPROVAL, AND PARK DEVELOPMENT FEE WAIVER FOR THE BARBEE PROPERTY, LOTS 1 AND 2 OF BLOCK 11, AND LOTS 1-9 OF BLOCK 5, CITY AND TOWNSITE OF ASPEN, PLUS ADDITIONAL METES AND BOUNDS DESCRIBED PROPERTY WITHIN THE CITY OF ASPEN AND PITKIN COUNTY AS REPRESENTED, PARCEL NO. 2735-131-00-100 WHEREAS, the Community Development Department received an application from Mary Barbee, John Barbee, Hallie Rugheimer, and Aspen-Pitkin Employee Housing Inc., applicant, for a planned unit development, subdivision, rezoning, growth management exemption for affordable housing, vested property rights approval, and park development fee waiver approval on an approximately 17.67 acre parcel of land, described as Lot 1 and 2 of Block 11, and Lots 1-9 of Block 5, City and Townsite of Aspen plus additional metes and bounds within City of Aspen and Pitkin County as represented, for the development of ten new residential units consistent with the Affordable Housing- Planned Unit Development (AH1-PUD) Zone District; and, WHEREAS, the application was referred to the relevant agencies and the Housing Office, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering Department, Parks Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a regular meeting on March 16, 1999, the Planning and Zoning Commission recommended, by a 4-0 vote, the City Council approve the Planned Unit Development, subdivision, and rezoning to AH1/PUD, R-15PPUD and Conservation for the Barbee property, with the conditions recommended by the Community Development Department, as mended by the Commission; and, WItEREAS,.during a regular meeting on March 16, 1999, the Growth Management Commission recommended, by a 7-0 vote, the City Council approve the Growth Management Exemption for Affordable Housing and the method of providing that housing for the Barbee property, with the conditions recommended by the Community Development Department; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Growth Management Commission, the Community DeVelopment Director, and the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Ordinance No. w, Series 1999 Page 1 WHEREAS, the City COuncil finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Conununity Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINlED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Sections 26.52, and 26.84, and subject to those conditions of approval as specified hereinafter, the City Council hereby grants approval o~the Planned Unit Development, subdivision, rezoning, growth management exemption for affordable housing, and the method in which the housing will be provided for the Barbee Property, as described. Section 2: Conditions of Approval: 1. The Land Use action is subject to annexation of the property into the City of Aspen. Failure to complete annexation within 180 days of this approval shall render this land use action void, unless the timeframe is extended by City Council. 2. Following annexation, but within 180 days after final land use approval by City Council and prior to applying for a Building Permit, the applicant shall record a Final PUD/Subdivision development plan. This plan shall include all necessary plat requirements of the City Engineer including site plans, grading plans, utility plans, any physical improvements required to mitigate for additional air quality impacts as determined by the City Environmental Health Department, all utility easements, architectural plans and elevations, and a landscape plan. 3. Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a PUD/Subdivision Improvements Agreement binding the property, the Barbee Subdivision, to this development approval. The Agreement shall describe all subdivision and PUD improvements, requirements, restrictions, and maintenance, and shall provide financial assurance to the City for said improvements and the success of the site landscaping for a period of two (2) years after installation. The agreement shall be reviewed concurrently with the final plat and approved by the City Attorney prior to recordation. The PUD/SIA will be modified to ensure that trail access and temporary construction access will be allowed as necessary. 4. That the following desctiption ofeaeh lot's development pmvisions be included in the final ordinance: Ordinance No. __, Series 1999 Page 2 Requirements Common to Entire Development Lot Dimensions: As represented on Final Plat. Minimum distance between buildings: 10 Feet. Maximum height: 25 Feet, Building Envelope: No development other than approved landscape materials on natural grade, approved access ways, and approved driveways may occur outside of the building envelope, as represented on the final plat and within the setbacks. Minimum percent open space: No requirement. Lot 1 (existin3~ Free-Market) Zone District: R-15fPUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North and East sides 10 feet each. Lot 2 (Free-Market) Zone District: AH 1/PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: t0 feet. Minimum rear yard: 60 feet. Minimum side yards: 10 feet. Lot 3 (Free-Market) Zone District: AH1/PUD Allowable Floor Area: 4,500 Setbacks: Minimum front yard: 10 feet. Minimum rear yard: 50 feet. Minimum side yards: I0 feet. Lot 4 (Free-Market) Zone District: AH1/PUD Allowable Floor Area: 4,500 s.f. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: 50 feet. Minimum side yards: 10 feet. Lot 5 (resident occupied) Zone District: AH 1/PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning. Maximum Gross Floor Area: Pursuant to APCHA Guidelines for KO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North 10 feet; South 15 feet. Ordinance No. __, Series 1999 Page 3 Lot 6 (resident occupied) Zone District: AHI/PUD Allowable Floor Area: 2,575 s.f. as measured pursuant to City, Zoning, Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: 10 feet, Lot 7 (resident 'occurted) Zone Di strict: AH 1 fPUD Allowable Floor Area: . 2,575 s.f. as measured pursuant to City Zoning Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units. Setbacks: Minimum front yard: 10 feet. Minimum rear yard: Varies, refer to building envelope on final plat. Minimum side yards: North 10 feet; South 15 feet. Lot 8 (catelzorv unit) Zone District: AHI/PUD Allowable Floor Area: 1,400 s.f. pIus a 500 s,f. basement, Setbacks: Minimum front yard: 35 feet from southem-most lot line. Minimum rear yard: 10 feet. Minimum side yards: east 0 feet; west 9 feet. Lot 9 (category unit) Zone District: AH 1/PUD Allowable Floor Area: 1,400 s.~ plus a 500 s.f. basement. Setbacks: Minimum front yard: 27 feet. Minimum rear yard: l 0 feet. Minimum side yards: east 7 feet; 0 feet. Lot 10 (cate~orv unit) Zone District: AH 1/PUD Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement. Setbacks: Minimum front yard: 14 feet. Minimum rear yard: 10 feet. Minimum side yards: east 0 feet; west 7 feet. Lot 11 (cate~zorv unit) Zone District: AH 1/PUD Allowable Yloor Area: 1,400 s.f. plus a 500 s,f. basement. Setbacks: Minimum front yard: 6 feet. Minimum rear yard: 10 feet. Minimum side yards: east t4 feet; west 0 feet. Ordinance No. __, Series 1999 Page 4 Lot 12 fshared access narcel) Zone District: AH1/PUD Allowed Uses: 10 carport parking spaces, trash, snow storage, uses accessory to use of residential lots. Residential use shall require a substantial PUD amendment. Allowable Floor Area: 10 covered carports in two structures as represented on final plat. Setbacks: As represented on final plat. Trash access area: Minimum 10 feet wide, unobstructed. Conservation Parcel Zone District: Conservation Allowed Development and Uses: Uses allowed in the Conservation Zone District and allowed pursuant to the Deed of Conservation Easement. Uses and development necessary for community health and safety reasons may occur on this parcel. 5. The City shall accep'; title to the "conservation parcel" only after the City Attorney has reviewed all aspects of the Warranty Deed, the Deed of Conservation Easement, and is satisfied that no inordinate liability issues exist with respect to prior mining activities on the parcel. To satisfy ';his concern, the City may require areas of mining activity to be mitigated, or otherwise properly treated, or a legal instrument indemnifying the City prior to conveyance. In the event that title cannot be conveyed to the satisfaction of the City Attorney, then a trail easement will be conveyed and allowed in the Conservation Area. 6. Replacemen'; after demolition of the existing single-family residence on Lo';/i l shall require a GMQS Exemption pursuant to Section 26.100.050, as amended. 7. The Home Owners' Association, or similar entity responsible for Lot #12, the common access way, shall install a slop sign a'; the exit of the access way at such time determined necessary for public safety by the City Engineer. 8. Access to Lots 3 and 4 shall be via the shared access easemen'; as described on the final plat. The City Engineer shall issue only one curb cut permit bet~veen these two lots. 9. AH Lots are subject to the City's Residential Design Standards, as amended. Lot #I shall be subject to the provisions of the Landscape Guidelines, as proposed in Exhibit B of the draft SIA upon redevelopment of the Lot. All other aspects of the City' s Residential Design Standard, as amended, will apply. 10. For purposes of calculating the fee-in-lieu of school land dedication, the building permit application for each lot shall include an appraisal of the lot's fair market value. The City shall retain the right to concur with the fair market value represented by the owner or obtain a third party appraisal performed by an agreed upon real estate appraiser at the sole cost of the lot owner. 11. Prior to issuance of a Building Permit for an individual lot, the School Land Dedication Fee shall be paid in full pursuant to the regulations in effect at the time of building permit issuance. 12. Prior to recordation of the final plat, an air quality mitigation plan shall be submitted to the City Environmental Health Department for approval. Physical improvements to the site required for mitigation shall be delineated on the final plat. Ordinance No. __, Series 1999 Page 5 13. A Building Permit application for any and all lots shall include a fugitive dust mitigation plan for review and approval by the City Environmental Health Department. 14. Prior to issuance of a building permit for each lot, the applicant shall gain the necessary permits from the appropriate department for any fireplaces or wood burning devices. 15. Construction activity is limited to the hours between 7 a.m. and 10 p.m., Monday through Saturday. No Sunday construction activity will be permitted. Exceeding the City Noise Ordinance may result in a stop work order. 16. The applicant shall provide a street light near the vehicular entrance to the development. The standard for this light shall be reviewed and approved by the City Engineer. All exterior lighting, including street lights, shall be downcast, sharp cut-off, and not used to accentuate landscape or architectural features of the development. No exterior up-lighting is permitted. No exterior floodlights are permitted. 17. The Community Development Dept. shall assign street addresses as follows: Lots 2-4 shall receive numbers with a Garmisch Street address; Lots 5-11 shall receive numbers with a Dean Street address. 18. The applicant is strongly encouraged to protect the existing shed north of the existing parking pad (approximately Lot 4 of Block 5). The structure could be preserved permanently on-site as a cultural landscape feature, preserved temporarily on-site until development and moved to a receiving site, or the facades could be incorporated into the S. Garmisch Street side of the carport structure. If preserved for storage use, its FAR shall be exempt. 19. Prior to the issuance of a Certificate of Occupancy for the duplex units, six (6) street trees shall be planted along the S. Garmisch Street R.O.W or Midland Trail in locations approved by the City Forester considering the storage of plowed snow. These trees shall be three- inches or greater in callper if deciduous or at least six feet in height if coniferous. 20. Prior to applying for a Building Permit, the applicant will be required to gain approval for a line extension and a collection system agreement from the Aspen Consolidated Sanitation Distrjct. For the duplex units, a shared service agreement may be required. There exists a possibility that gravity service from Lots 5-7 will require a pump system; if so, its design must be approved by ACSD and the City Engineer. 21. Prior to issuance of a Building Perrr~,it for any lot, adequate silt fencing shall be erected to ensure that no sediment-loaded drainage will be leaving the property during construction. This fencing shall remain in place until a Certificate of Occupancy is issued for the respective lot, 22. Prior to applying for a Building Permit for any lot, the applicant shitll complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. This agreement can be recorded with the plat and SIA documents. 23. Building Permit applications for any and all lots shall include payment of a $50.00 per project fee in lieu of digital submission requirements. 24. Any work within public rights-of-way shall gain approval from the appropriate City Department. This includes, but is not limited t0, approval for a mailbox and landscaping from the City Streets Department. Ordinance No. __, Series 1999 Page 6 25. The applicant shall record the Planning and Zoning Resolution with the County Clerk and Recorder. 26. That the final "mix" of categories shall be as follows, and eonditioned as follows: a) The project shall consist often (10) new residential units. Three (3) shall be free-market units of no mor~ than three (3) bedrooms each. Three (3) shall be RO Lots, each for the purpose of a single-family residence of no less than three (3) bedrooms. Four (4) shall be Category 4 three-bedroom units constructed and conveyed pursuant to APCHA Guidelines. The mix is summarized in the table below. b) At or near completion of the Category duplex units, the applicant shall provide the Aspen/Pitkin County Housing Authority the opportunity to "buy-down" the Category designations of the Category Units and the RO Lots or Units to a lower Category prior to conveyance. c) PriortotheissuanceofanyCertificateofOccupancy(CO)ontheFree-Market and RO units, the four Category units must have received their CO's. SummaD' Table Units % Bedrooms % Total Free-Market Units: 3 30% 9 30% Total RO Units: 3 30% 9 30% Total Category Units: 4 40% 12 40% Total: 10 100% 30 100% Total Free-Market BedroQms = 30% Total RO/Category units ~ 70% Total CategoE¢ units = 40% Total RO units = 30% 27. That the language of these conditions as finally approved by the appropriate authority be printed on the cover sheet of the building permit set of plans and all other sets made for the purpose of construction. 28. That the applicant shall be required to provide the contractor with copies of all P&Z, GMC, and City Council resolutions and ordinances applicable to this project. The contractor must submit a letter as part of the building permit application indicating that conditions of approval are known and understood. 29. That a Parking Management Plan be submitted for staffs review and approval prior to the Building permit application which will address the phasing, staging, and construction parking on the site. 30. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission, the Growth Management Commission, and the City Council shall be adhered to and considered conditions of approval, unless otherwise amended by an entity having the authority to do so. Ordinance No. __, Series 1999 Page 7 Section 3: Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), Ci~' Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Barbee application as approved by this Ordinance, for a period of three (3) years from the date said Ordinance is signed with the following conditions: 1. The rights granted by this site specific development plan shall r~main vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested properly rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D) 3. Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 5. The establishment herein of a vested property right shatl not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building. fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: This Ordinance does hereby waive the park development fee, finding that the conveyance of the Conservation Parcel as described in the site specific development plan adequately addresses the need for open space. Section 5: This Ordinance Shall not effect 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 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is Yor an)' reason held invalid or unconstitutional in a court of competent jurisdiction, such portion Ordinance No. __, Series 1999 Page 8 shall be deemed a separate, distinct and independent provision and shall not affect the validit>, of the remaining portions thereof. Section 7: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public heating on ihe Ordinance was held on the 12th day of April, 1999 at 5:00 PM 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 within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City cifAspen on the 22nd day of March, 1999. Approved as to form: Approved as to content: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 12~ day of April, 1999. Approved as to form: Approved as tocontent: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk Ordinance No, __, Series 1999 Page 9 *MEMORANDUM* TO: Mayor and City Council CC: Jeff Woods, Julie Woods, John Worcester, Subiect: Approval.of Downtown Enhancement and Pedestrian Plan Conceptual Design for Mill Street SUMMARY City Council approved funding and contracts to proceed with an' initial project from the Downtown Enhancement and Pedestrian Plan (DEPP), This initial project includes widened sidewalks, streetscape improvements and pedestrian amen/ties on IVfill Street from Main Street to the Wheeler Opera House and around the corner to Monarch. Staff is requesting approval of final conceptual design so that we can proceed to complete construction drawings and final engineering. The DEPP project schedule calls for utility work to be completed this Spring with construction of the actual improvements to occur in the Fall of 1999 or the Spring of 2000. BACKGROUND The City Council approved the Downtown Enhancement and Pedestrian Plan in November of 1998 after receiving recommendations from a broad based citizen task force, the Planning and Zoning Commission and the Historic Preservation Commission. City Council directed staff to proceed with a pilot project along Mill/Hyman Streets. Staff contracted with Design Workshop Inc. to prepare conceptual designs which are in front c: City Council today. If City Council, as the applicant, approves these plans am:: accepts the HPC conditions staff will then proceed with construction drawings and final engineering in anticipation of Fall 1999 construction. At the last City Council meeting, Council approved contracts for previously budgeted utility work which needed to be done prior to the work on the DEPP. DISCUSSION At this meeting, staff and Design Workshop Inc. will present the final conceptual design for the pilot project for Council approval. The DEPP workgroup has taken into consideration input from numerous entities, including the DEPP Committee, the Asset Management Committee, Commercial Core and Lodging Commission, the Planning and Zoning Commission and the Historic 03/05/98 *MEMORANDUM* 2 Preservation Commission, affected businesses, property owners and other interested parties and incorporated their ideas into this design to the extent feasible. Please find attached the comments from CCLC and HPC. Staff can live will of these recommendations, however, we believe that the outdoor seating near Bentleys is one of the more popular aspects of the Plan. We would like to suggest that outside seating for any restaurant use should play by the same rules as the malt properties and be reviewed by CCLC on a case by case basis. In addition, the elimination of newsracks as suggested by CCLC may be controversial. Staff believes we can make these newsrack areas attractive without eliminating them. RECOMMENDATION Staff recommends approval of final conceptual design and direct staff to proceed with construction drawings and construction bids. ALM-O4/O8/99-g:\\CCMEM.DOC RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING THE DEPP PROJECT ALONG MILL STREET, FROM MAIN STREET TO HYMAN AVENUE, AND ALONG HYMAN AVENUE, FROM MILL STREET TO MONARCH STREET, ASPEN, COLORADO RESOLUTION NO. , SERIES OF 1999 WHEREAS, the City of Aspen, represented by Design Workshop Inc., has requested minor development approval to make improvements to pedestrian areas along Mill Street and Hyman Avenue, which is within the Commercial Core Historic District; and WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet all four Development Review Standards of Section 26.72.010(D) of the Aspen Land Use Code in order for Ht~C to grant approval, namely: 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a Historic Ove~ay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage In:fill Program for detached accessory dwelling units pursuant to Section 26.40.090(B)(2). 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. 3. Standard: The proposed development enhances Or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof, and WHEREAS, Amy Guthfie, in her staff report dated April 7, 1999, recommended approval for this phase of the DEPP project with conditions; and WHEREAS, at a special meeting on April 7, 1999, the HPC considered and approved the application with conditions by a vote of 7 to 0. NOW, THEREFORE, BE IT RESOLVED: That minor development for the DEPP project, along Mill Street from Main Street to Hyman Avenue, and along Hyman Avenue from Mill Street to Monarch Street, as covered ,, in the drawings presented to HPC on. April 7, 1999, be approved with the following ', conditions: ~1. A d a streetlight in front of Kenneth Cole (on Mill Street) to match the one on the ! opp ire side of the street at Cantina. ~ept where a bench placed parallel to the street would face an interesting view, or where circulation problems would occur, it is recommended that the benches be placed in the "living room" layout (facing each other), to take advantages of views up and down the streets and towards the mountains, as well as sunshine. Smaller benches may be used where necessary. Place all bike racks perpendicular to the street~ 3. Hitches to tie dogs to may be installed in some locations. This is something that could be looked at in the future. The design team will look for some additional locations to add a~a;h containers' Art installations on public property will require I-IPC review when a specific design is nned. 5. Retain the two large silver maples in front on the Collins Block if at all possible (based on the judgement of the City Forester.) 6. Relocate the stone pavers by Hildegard's so that they correctly show the boundaries of the historic alley. 7. The same brick pavers used on the rest of the sidewalk should wrap around the corner in front of Bentley's. The radius pattern may occur in the street. 8. Move the kiosk across the street from the Wheeler, to where the Hunter Creek bus stops. This way it will not interfere with the front of the Wheeler and will be in a useful and prominent location. 9. The solar pay station proposed in front of The Prospector is not approved without a larger discussion at HPC. Look for better solutions for the pay station. The fact that solar powered equipment is being considered is positive. 10. If it is decided to stack the newspaper boxes two high, the H2PC monitors will review the design for the racks. 11. Add dates or some additional information for the proposed markers that list an earlier use of a particular property. 12. HPC supports the idea of some randomness/variety and messy vitality in the project. That is the character of Aspen and the DEPP project should not be over-designed 13. Further refinements of the project will be reviewed by ItPC project monitors. APPROVED BY THE COMMISSION at a special meeting on the 7th day of April, 1999. Approved as to Form: David Hoefer, Assistant City Attorney HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk i Bob Nevins, 11:06 AM ~/7/99 -, DEPP-Commercial Core & Lodging X-Sender: bobn@comdev (Unverified) Date: Wed, 07 Apr 1999 11:06:25 -0600 To: edwards@ci.aspen.co.us From: Bob Nevins <bobn@ci.aspen.co.us> Subject: DEPP-Commercial Core & Lodging Commission Comments Cc: amyg@ci.aspen.co.us Ed: At this morning's CCLC meeting the following comments were made: 1) They do not support the outdoor dining area at Bentley's(high pedestrian traffic/lack of space). 2) Placement of benches needs more work (use benches with movable backS-allows people to change seating orientation, used in Europe) 3) Liked the idea of having the paving in front of Bentley's be integrated with the mall paving. 4) Would like to have back (street-facing side) of newsrack leaning rails enclosed. 5) Recommended elimination of 1 set of newsracks on Mill St.(racks near alley at Norwest Bank). 6) Thought trees were planted too close together. They generally liked'the concept. Again, their big concerns were outdoor dining at Bentley's, newsracks, and seating locations'arrangements. Any questions, give me a call. Thanks, Bobn. Printed for Edward Sadler'<edwards@ci.aspen.co.us> 1 SALARIES PER M TH "~y W'[00 BOCC $2,050 r mYOR COgCIL Snowmass Village $ 1,000 $500 Vail 1,000 500 Brecke~idge 800 500 Tell~ide 800 600 Glenwood %~ 500 400 ~ Z t zF {~oo~ ~Oo mo ./ /.> % i3o8 ~ l,L log DO % 0~0 0 ~ ,. Lot ~,'( /7~{ __ Lo ~~o MEMORANDUM To: Mayor and City Council Thru: Dave Tolen From: Lee Novak, Housing Office Subject: Snyder Park Affordable Housing Sales Prices Date: March 15, 1999 Summary: At the March 8, 1999 meeting, Council approved the construction budget for the Snyder Park Affordable Housing project and asked staff to return with modified proposals for unit sale prices at its next meeting. Background: At the March 8th meeting, two pricing scenarios seemed to have the most support from Council members. One involved a significant RO component and the other included some category 2 units. Staff are also proposing a third scenario. All three scenarios are shown below and a more detailed analysis is attached. Scenario 1 Scenario 2 Scenario 3 7 Cat. 4 One Bedrooms 3 Cat. 2 One Bedrooms d 6 Cat, 3 One Bedrooms 2 RO One Bedrooms 4 Cat. 3 One Bedrooms q 3 Cat. 4 One Bedrooms 5 Cat. 4 Three Bedrooms 2 Cat. 4 One Bedrooms 2 Cat. 3 Three Bedroom} 1 RO Three Bedroom 1 Cat. 2 Three Bedroom ~ Cat. 4 Three Bedrooms 2Cat. 3 Three Bedrooms ~t--,a~L ~ 3 Cat. 4 Three Bedrooms Total Subsidy $2.035,665 $3,495,473 ~ $3,180,011 Per Bedroom Subsidy $75,395 $129,462 [ $117,778 Scer, c. rio 1 includes three RO units. This mix would require a total subsidy of $2,035,665 and a per bedroom subsidy of $75,395. In the past, it has been Council policy not to create RO units with public funds, but to instead concentrate on the creation of category units for which there is a greater public need. The creation of RO units has been left to private developers using the AH zone overlay. In addition, the price for the three bedroom RO unit in this scenario exceeds the RO price limit proposed by the Housing Board. Some have expressed concern that the additional subsidy for scenarios 2 or 3 is too high an opportunity cost. That is, by spending these additional funds on the Snyder project, the Housing Daycare Fund will be unable to pursue other properties. Despite the subsidy cost of the Snyder project, the Housing Daycare Fund has sufficient money to pursue all of the projects outlined in the long range plan and achieve the 500 unit goal. Scenario 2 requires a total subsidy of $3,495,473 and a per bedroom subsidy of $129,462. This scenario includes four category 2 units. The Snyder units are large for category 2. The one bedrooms have approximately 740 square feet of livable space plus 720 square foot basements. The three bedrooms have an average of 1500 livable square feet plus two car garages with storage space. These sizes are even larger than the required minimums set by the Housing Guidelines for category 3 and 4 units. The size and arechilies provided by these units make them appropriate for two income households or more affluent single income households. Scenario 3 requires a total subsidy of $3,180,011 and a per bedroom subsidy of $117,778. This scenario results in an all category project. While this scenario does not create lower category units, other projects will meet that need. Attached is a ruble showing units in past and future projects broken down by type and category. It should be noted that the breakdowns for future projects are based on preliminary planning and are subject to change. Also attached are tables outlining the maximum incomes by category and potential mortgage payments for the proposed prices. Recommendation: Staff recommends that Council approve Scenario 3 at this time. Staff believes that it is better to create all category projects and that the sale prices in this scenario are the most appropriate for these units. Staff will return to Council when the project nears completion and before the marketing of the units to update Council on the budget and to request that a final price scenario be sek Motion: I move to approve Scenario 3 with the stipulation that staff will return to Conncil with final costs before marketing the units. A~IOOg.LVO A8 AMOJ. NgANI DNISROH 9NIJ,SIX9 SNYDER PARK AFFORDABLE HOUSING SALES SCENARIOS Scenario I Scenario 2 Scenario 3 Unit Type # units Sale Price Unit Type # units Sale Price Unit Type # units Sale Price Cat4OneBdrm 7 $ 196,000 Cat2OneBdrm 3 $ 78,300 Cat3OneBdrm ~ 6 $ 120,800 RO One Bdrm 2 $ 350,000 Cat 3 One Bdrm 4 $ 120,800 Cat 4 One Bdrm 3 $ 196,000 RO Three Bdrm 1 $ 475,000 Cat 2 Three Bdrm 1 $ 100,300 Cat 4 Three Bdrm 4 $ 219,500 !: ...... Cat'3 Three Bdrm 2 $ 143,000 Cat 4 Three Bdrm 3 $ 219,500 Total Proceeds ' ~'$ ~644,500 Total Proceeds : $ 2,154,900 Total ProceedS: ~ ~= ~:':'~' ............~:' $"~i~,76,'80b Sales Commissions $ 72,890 Sales Commissions $ 43,098 Sales Commissions $ 49,536 Net Proceeds $ 3,57i,610 Net Proceeds ' $ 2,111,802 Net Proceeds :: .... ~! $ ~2~427,264 Total i~os( .......... F=: $ 5~6d7,275 Total CoSt ...... :~ $ 5,607,2~5 Total CoSt .... To{aiSubsidy: :' ~: ~ 2;03~665 TotalSubsidy ':= $ 3,495,4i3 TotalSubSidy : ~:~'~'F ....$ ~80,01i' PerUnit $ 135,711 PerUnit $ 233,032 PerUnit $ 212,001 · Per Bedr00m : ': :' $ 75,395 ~',rBedroom $ 129,462 PerBed~e0tn : '! $ ' ii7,778 Average Sale Price $ 242,967 ~Average Sale Price $ 143,660 Average Sale Pribe · $ i65,i20 To: City. Council Thru: Dave Tolen From: Lee Novak Subject: Snyder Park Construction Contrict Date: March 16, 1999 Summary: Staff are asking Council to approve the construction contract with B&H General Contractors for the Snyder Park Affordable Housing Project. The total contract amount is $3,366,096. Background: On March 8, 1999, Council asked staff to move forward with construction of the Snyder Park Affordable Housing Project. While B&H is already doing work on the site, we do need to finalize our contract with them. The attached contract is for construction services for Snyder housing project. The contract base amount is $3,322,676. We have requested that the contractor include the following alternates: · Landscape ditch ($3,000), · Pathway lighting fixtures ($5,300), and · Landscape irrigation ($35,120) With the addition of these alternates the total construction contract is $3,366,096. We have retained the right to reduce this number if changes in the scope of work for asphalt paving and curb and gutter occur during the constmction process. This contract has been reviewed and approved by the city attc, r!:;'y. This contract does t~ot include utility work. A separate contract is being prepared with Earthw c~rks for sewer, water and gas work. Recommendation: Staff recommends that Council approve this contract. B&H has done an excellent job of obtaining numerous bids for each component of the project. These prices have been called "very competitive" by the several other contractors that staff have contacted. CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and B&H General Contractors, Inc., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Snyder Park Affordable Housing Project= and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted tO the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction heroin mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the'construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of ~Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed THREE MILLION THREE HUNDRED SIXTY-SIX THOUSAND NINETY-SIX AND NO/100 ($3,366,096.00) DOLLARS or as shown on the BID proposal. CC1-971 .doc Page I '*CC1 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen Supplemental Conditions to Contracts for Construction. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties herato and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anythir~g to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8, This agreement and all of the covenants hereof shall inure to the benefit of 'and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right t'o assign, transfer or sublet his or her interest or obligations hereUnder without the written consent of the other party. 9, This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a w ',.iver of any subsequent default of any Of the terms, covenants or conditions herein ccntained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attomey's fees. 13. This Contract For Construction was reviewed and accepted through the m'utual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC1-971 .doc Page 2 "'CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction~ represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ATTESTED BY: CONTRACTOR: z / / ~: ~.=-- '. ' My Commission expires' i 1~g ::! ~ Title: v Ir~, ~ ~' ~,E~-:~ F~ ~,"'T' se~e.~ber ~s, =~ ~~ ~x ' Note: Ce~ification of Inco~o ~.~ ecuted if Contractor.is a Coloration. If a p~nership, the Contract shall be signed by a Principal and indicate title. CC1-971 .doc Page 3 "CC1 ~ CERTIFICATE OF INCORPORATION CTo be completed if Contractor is a Corporation) STATE OF CoT~orsdo ) ) SS. COUN'FY OF Garfield ) On this leth . day of March , 19 99 , before me appeared Hans Raaflau~ , to me personally known, who, being by me first duly sworn, dla say that s/he is 'vice President Of B & H General Contractors, Inc. and thai the sea! affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent ,acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written, ~u ~o ) Notary Public Address My commission expir, s: [ ' © / lPWoO3/lT/gg-O:~oim~word~a~z~SrlydeFConlracLdoc CC1-971 ,doc Page 4 "CC1 THE CITY OF ASPEN SUPPLEMENTAL CONDITIONS for Snyder Affordable Homing Project 1.0 GENERAL: 1.01 Clarification of Terms: The Supplemental Conditions are intended to specify and provide additional description, clarification, conditions or amendments to the General Conditions that are applicable to this Contract. These Supplemental Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 1.0 CONTRACT TIME 2.01 A written Notice of Award will be issued by the City. 2.02 Following the Notice to Proceed, the Contractor shall execute the Work with due diligence and shall fully complete in every detail of the Work to be done under this Contract within 7 (seven) Consecutive Calendar Da~,s. The Contract Time is from the Notice to Proceed, plus any extensions to the Contract Time if authorized by the City Engineer. The effective date of the "Notice to Proceed" is the date set for a Mandatory Pre-construction Conference. 3.0 THE CITY'S REPRESENTATIVE: The City's Representative for this projict shall be a staff member of the Aspen/Pitkin County Housing Authority and shall be designated and changed as necessary by the City. Unless provided in writing by the City, any on-site Inspector or Representative of the City shall not have the authority to render any binding decision nor make any binding judgments to the Contractor pertaining to any work which may change the Contract price or time Of completion, or change the quality of Work, or change the manner in which the Work is being performed. The Project Architect and the City's Representative shall serve as a means of communication between the City and the Contractor and shall monitor the Work for the City. All references in the Contract Documents to "Project Engineer" shall refer to the Project Architect. 4.0 MANDATORY PIlE-CONSTRUCTION CONFERENCE & WEEKLY PROGRESS MEETINGS: A pre-construction conference shall be held within Seven (7) Consecutive Calendar Davs after the Award of Bid by the City Council, The purpose of such meeting shall be to explain and coordinate, as required, to the Contractor, the requirements of the Contract Documents, the procedures to be used in the administration of the Contract, and to discuss any item of concern to the work. The Contractor and City Representative and Architect, or authorized representative of each, shall be required to attend such meeting as a condition of the Contract. The time and the day for Mandatory Weekly Pro~,ress Meetings shall be scheduled at the pre-constmction conference. 5.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS: 7.01 Within seven (7) days of the date of the bid award by the City Council, and prior to the pre-construction conference, the Contractor shall submit for review a critical- path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showing .,the actual rate of progress to date for the component divisions and for the Project as a whole, The actual rate of progress shown on the form. shall only include Work completed and shall not include stored materials. 7.02 The Contractor shall also submit for approval, prior to the pre-constmction conference, a Traffic Control & Barricading Plan for each segment of the street, a narrative of the planned sequence of construction indicating the approximate date and time duration of any road or street restfictions or closures, utility interruptions, etc., as applicable to this project. 7.03 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical-path chart and in the absence of time extensions if any granted by the City, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable and make available morn than one work crew to perform the work on time. 7.04 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the City Engineer 24 hours prior to the pre- consu.'ction conference. Emergency phone calls must be responded to in 15 minul', ~ or less and action must be taken on the emergency condition immediately. Such ~..'nergency calls shall be project related corrective and restorative work and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor falls to perform the required task within one hour of an emergency call. 7.05 The Contractor shall be responsible for keeping traffic flows on the streets at all times during and after their dally work activities. In addition, intermittent interruptions to traffic flow must be kept to a minimum. 6.0 SURVEY CONTROL: The Contractor shall be responsible for establishing grades from the Bench Mark(s) established and described in the Contract Documents. At a minimum, the Contractor shall establish a construction base line, layout staking and cut sheet(s) by an insured Colorado registered professional land I surveyor. The Contractor shall be responsible for protecting and/or re-establishing bench mark control if necessary during the construction process. 7.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto. The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to commencement of any Work in the vicinity of the utilities. No Work shall commence until the utilities have been located and marked by the utility company. If utility service must be interrupted, the Contractor shall coordinate with the respective utility provider at least forty-eight (48) hours prior to interruption. Notice shall consist of publication in a 16cat newspaper and/or announcement on local radio stations as determined by the City Engineer. 8;0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all construction, both complete and incomplete, against damage and destruction. No repair or mitigating option for damaged Work will be accepted by the City. 9.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site, shall be disposed of by the Contractor off the project site unless requested otherwise by the City. The City's property is not available for Contractor staging or storage area, unless permitted by the City within the existing right of way. The City's property is not otherwise available for a Contractor's disposal area. 10.0 WORKING HOURS: Work will normally be permitted between 7:00 a.m. and 7:00 p.m.; other work hours must be approved by the City in writing. Work will be permitted on Saturday and Sunday, except that 48 hours prior written notice to the City shall be required to allow notification of the public. 11.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any hazardous materials shall be the sole responsibility of the Contractor. 12.0 SALVAGE: Stone masonry, concrete, timber and other items removed from the site shall become the property of the Contractor, unless othersvise noted in the project documents, and disposed of off-site. 13.0 MATERIAL TESTS AND CERTIFICATES: 13.01 All materials to be incorporated into the Work may be subject to sampling, testing by the Contractor, and approval and samples furnished shall be representative of the material to be used. 13.02 Tests required to guard against unsuitable materials or defective workmanship and to demonstrate that materials comply with the provisions of the Contract Documents shall be paid for by the Contractor. Ill l I 13.03 The procedures and methods used to sample and test materials shall be as specified or as determined by the City Engineer. Unless otherwise specified in these Special Conditions, samples and test shall be made in accordance with the latest standard methods of ASTM, AWWA, AASHTO, and CDOT's 1991 edition of Standard Specifications for Road and Bridge Construction. 13.04 The Contractor shall furnish at least one copy of test results to the Architect. 14.0 SUB-EXCAVATION, BACKFILLING & COMPACTION: Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the City Engineer, be removed. Removal of such material shall be to the depth and horizontal limits specified by the City. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub- excavation, backfill and compaction will be measured by the ton actually installed and be paid under Sub-Excavation & Backfill bid item. 15.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify within seven days of the Notice to Proceed the name and address of all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment or labor for this project. 16.0 WAIVER: It is expressly understood and agreed that any waiver granted by the City of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 17.0 PRECEDENCE OF THE CONTRACT DOCUMENTS: The order of precedence of Contract Documents shall be as follows: 1. These Supplemental Conditions 2. Special Conditions, ff any. 3. Referenced Technical Specifications 4. Contract for Construction 5. Contractor's Proposal, except as follows: "Contract Items and Structure" on page 9: "Base Contract" provisions "Retainage" provision "Change Orders" provision All references to "Housing Authority" shall be replaced with "City of Aspen." 6. Standard General Conditions 18.0 CONTRACT CLOSE-OUT: Upon completion of all punch list item(s) from the final inspection by the City and submittal of a fully executed Claim Release form by the Contractor, the City will advertise twice in the newspaper, and following a Thirt~ (30) Consecutive Calendar Day waiting period, and with no verified claim against the Contractor by the City up until the end of this waiting period, the City will declare the project closed and will release the retainage to the Contractor. The Project close-out final inspection must be recorded on a final Daily Construction log, signed by the City Project Inspector and the Contractor and prior to advertisement for closure. 19.0 WARRANTY INSPECTION: At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior to the expiration of the warranty period under the Letter of Credit referenced in Contractor's Proposal The Contractor shall provide an authorized representative at such inspection to represent the Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense at the direction of the City immediately. Corrective Work shall be commenced within five (5) consecutive calendar days after written notice to Contractor. 20.0 AMENDMENTS TO GENERAL CONDITIONS: The following amendments are hereby made to the General Conditions: A. Article 6.12 is amended to require City to pay the costs of all plan checks fees; building permit fees, utility tap fees, and any other government imposed fees associated with the Work. B. Article 10.5 is amended to read as follows: "The Contractor may be granted time extension for down time. Should the Contractor experience down time, thin no fault of the Contractor, the Contractor shall be reimbursed for the following costs: the reasonable cost of temporary toilet rentals, fencing/barracading rental, jobsite trailer rental, jobsite telephone monthly expenses, security, temporary heating and protection, and snow removal, Equipment failure, lack of adequate labor and tools or materials to perform the Work shall not constitute down time." C. A new Article 10.6.4 shall be added which section shall read as follows: "City shall respond to a Contractor Change Request within a reasonable amount of time. Should there be no response to a Contractor Change Request by the date stated for the.response (which in no event shall be less than 5 working days from the date that the request is delivered to City) the Contractor Change request shall become null and void and replaced by an updated Contractor Change .Request which may result in additional costs due to the ongoing progress of construction. D. Article 13.3.2 shall be amended to state that all testing and inspections required by the Work shall be paid for by City. E. Article 14.2.1.1a shall be amended so that when 50% of the Work is satisfactorily completed, City shall reduce the retainage mount to 5%. F. Article 14.2.1. l b shall be mended so that upon substantial completion of the Work, City shall reduce the retained mount to 2 V, %. G. All references to performance and payment bonds shall be disregarded. Contractor shall deliver to City an irrevocable letter of credit in an anmunt equal to $450,000.00 within 15 days of execution of this contract. The form of the letter of credit shall be reviewed and approved by the City of Aspen City Attorney. H. All references to Engineer shall mean Architect. I. Contract Documents shall include B & H General Contractors' Proposal dated Febmary 16, 1999. JpW-O3/26/99-\\~commons\aspa~torney\john\word\a~r\Snyder-suppcond.doc Page 1 br Fe uary 8, 1999 ,'~,,'.,' February 16, 1999 (revised) [GENERAL CONTRACTORS] Mr. Dave Tolen, Executive Director Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 Proposal / Contract Draft Re: Snyder Affordable Housing Project Dear Dave, B & H General Contractors, Inc. proposes to construct and provideCl general contracting services per the plans, specifications and contents of this proposal for a lump sum amount of THREE MILLION THREE HUNDRED TWENTY TWO THOUSAND SIX HUNDRED SEVENTY SIX & NO/100 DOLLARS (3,322,676.00). Price is based on an April 1999 construction commencement. Construction duration is expected to be 10 1/2 months. 6 bad weather days have been accounted for in project duration and schedule. For your reference we have attached the extension sheet of our full estimate summarizing costs on a divisional basis. For your convenience and project analysis, we have assigned related approximate costs to the below listed areas or work. Please note that the segregated prices are for overall project cost analysis only and are not to be considered individual alternative bids. Living Structures $2,807,876.00 Main & Upper Level Living Space = 17,682 SF Garage Space = 5,632 SF Basements = 6,160 SF Porches = 612 SF Carports $116,100.00 Site Infrastructure &Improvements $314,600.00 Landscaping $84,100.00 Note: All of the above costs include a proportioned cost of general requirements costs, letter of credit fee, overhead fee, and profit fee. 174 Flying Fish Road · Carbondale, CO 81623 Main Office · (970) 963-8639 · FAX (970) 963-5909 Page 2 Cost Alternates to Base Price Proposal Note: All alternates are an additionai cost to the base contract proposal or a deduct to the base contract proposal, as each indicates. 1 ). Landscape Ditch add to base contract proposal $3,000.00 Alternate shall provide for installation of the landscape ditch, including sidewalk crossing grates and culverts as indicated on sheets C1.3 & LHl.1. The extent of the ditch shall begin and end at the housing boundan/line. 2). Street Lighting Rough-in-in add to base contract proposal $No Bid Alternate shall provide for trenching, installation of 2" PVC conduit, concrete bases for future lights (lights and installation of lights by others), bedding backfill: and compaction per layout indicated on sheet C1.5. All light poles and fixtures, anchor bolts, wiring and installation is not included. (No bid on this item at this time due to lack of information of scope of work.) 3).Asphalt Paving unit price to delete from scope <$1.70 per SF> unit price to add to scope +$2.00 per SF Alternate add prices and alternate deductive pdces are for changing of driveway widths only. Prices are not qualified for smaller parking areas, turn around, pathways, etc. 4). Concrete Curb & Gutter unit price to delete from scope <$16.00 per LF> Alternate is a unit price per linear foot to delete concrete curb & gutter from the scope of the base contract proposal. 5). Pathway Lighting Fixtures add to base contract proposal $5,300.00 Alternate is to install model ff~82-AL by Shaper Lighting at the pathway lights as indicated on sheet LH 1.1 in lieu of base contract proposal which includes model ~-.8228 by Vista Professional Outdoor Lighting. 6). Hosebibs deduct to base contract proposal <$1,000.00> Arternate is to delete all hosebibs at all buildings in the pro. iect. 7). RoOf Heat Tapes add to base contract proposal $20,000.00 Note: A~ternate is an allowance sum the add heat tapes at potential problem ice build up locations at roofs. Contractor shall not be able to warranty these problem areas with. out the installation of the heat tapes. Note this alternate is an allowance including materials, labor and circuits. Heat tapes for gutters and downspouts are included in the base contract proposal 8). Landscape Irrigation add to base contract proposal $35,120.00 Alternate add is for all irrigation system with-in the Snyder housing boundan/lines including the pump in the pond outside the boundan/line. Pricing is per Mount Daly plan dated 2/3/99 stamped received by B&H 2/11/99. Page 4 10). Errors & omissions insurance. Note: This insurance policy shall be carried and paid for by the project amhitect. 11). Surveying. 12), Window coverings. 13), Newly occupied unit homeowner trash removal. 14). New electric transformers by Holy Cross Energy. Note: The two new electric transformers and vaults shall be paid for directly by the owner to Holy Cross Energy. Contractor shall excavate for and install vaults and piping supplied by Holy Cross Energy. 15). Rock blasting. 16). Site irrigation system. Note: The site irrigation system, that is not included in the base contract proposal, shall consist of all matefiats & labor required for taping onto water main, valve boxes, pumps, piping, heads, design, trenching, bedding, backfilling, controllers, and all wiring. Note: See add alternate above. 17). Security system, 18). Prewire, equipment, or monitoring of fire sprinkler system. 19). Dewatering. · Should ground water be encountered and pumping, or dewatering be required, that shall be at an extra cost to the base contract. 20). Heat Tapes. Note: See alternate add price to base contract proposal. 21 ), Demolition, Demolition of the existing structures previously performed in 1998 is not included in the base contract proposal. 22). Bike racks, Clarifications By Division Of Work: Non Divisional General Notes 1). The contractors general scope of work shall be a turn key project with-in the housing project boundary line as indicated on the site plan, with the exception of the main utility extensions and water feature ditch as described in division 2. See add alternate for water feature ditch. All water, sewer, and gas mair ~ shall be installed by others. Water mains shall be brought into each unit and terminated wi.,' a flange. Gas mains shall be brought to each meter location at buildings. Sewer to be brought with-in 5'-0" of structure. 2). The only work included, in this contract proposal, outside of the housing project boundary line is specifically limited to the following tasks; A). Asphalt paving and subbase preparation from the project boundary line to Midland Avenue. (part of base contract proposal) B). Concrete curb and gutter and subbase preparation from project boundary line to Midland Avenue. (part of base contract proposal, also see price alternates) 3). Whenever a product is listed herein as "or equal" the contractor shall submit the equal product to the owner, before purchase, for approval. 4). Non of the units are designed to be ADA compliant. Page 5 5). All owner paid for site utility work (see division 2 below) shall occur at the advice and direction of the contractor so as to not interfere with the contractors scheduling of other work. The contractor shall assist the owner with the scheduling portion of the work to be performed,' but the administration of the owner provided utility work shall be the responsibility of the owner. Division 1. General Requirements 1 ). The costs of winter conditions such as show removal, temporary heat and protection from the weather is included as an allowance. Please refer to allowances below. 2). The base contract proposal is based upon the assumption that the contractor shall receive a 50% discount in all project related landfill tip fees. Division 2, Site Work 1). All utility services, with the exception of individual building/unit cable TV service, individual building/unit electrical service, and individual building/unit telephone service shall be installed and paid for by the owner. All excess earthen material produced from the owners utility subcontractor shall be disposed of off site by the owners utility subcontractor. 2). The future water feature ditch is to be the responsibility of others and is not part of this contract proposal. 3). All large rocks encountered that cannot be relocated or excavated by conventional machinery, that require blasting, shall be an additional charge to the base contract proposal. Should any rocks of extreme size be encountered (normally larger than I cubic yard in size), the owner shall be notified by the contractor immediately. The contractor shall not proceed with any extra cost involving rock removal until written approval for additional cost is received from the owner. 4). All asphalt paving is to be 3" of asphalt laid over 4" of compacted roadbase. 5). The cost of demolition performed in 1998 is not included in the base contract proposal. 6). The cost of the existing partial excavation work completed is included in the cost of the base contract proposal. 7). The vertical concrete curb detail on sheet C1.3 shall not have the chamfer as the detail indicates. The side of the curb shall be plumb. Division 3, Concrete 1). All interior concrete fiatwork shall be 3,000 psi with a smooth steel trowel finish. 2). All exterior concrete fiatwork shall be 4,000 psi with a medium broom finish. 3). All concrete fiatwork expansion and control joints shall be left exposed, no caulking of joints is included. 4). No concrete hardening agents shall be applied to ether interior or exterior slabs. All slabs to remain exposed shall receive one coat of standard sealer. 5). All interior and exterior concrete slabs shall be 4" thick with no coloring. Division 4, Masonry 1). The only masonry included in the project is the task of relocating the main entry pier stone bollards. The bollards are to be moved as one existing unit. Rebuilding of piers is not included. Page 6 Division 5, Structural Steel & Misc, Metals 1). No steel guardrails or handrails are included in the project. Rails, where required shall be of wood construction, with the exception of the main site stairs between buildings A & B. The rail at that location shall be a single steel pipe rail. 2). The removable pipe bollard as indicated on sheet C1.3 shall be 4" diameter. Division 6. Carpentry 1). All exterior trim material to be STK S1S2E cedar. 2). All window sills to be premanufactured cultured marble, sill only, no apron. 3). All interior finished areas of units shall include baseboard. All baseboard to be painted MDF-633 1/2" x 3~1/4". 4). All interior sides of exterior doors and interior doors shall include casing. All casing to be painted MDF-346L 9/16" x 2-1/4". 5). All softits to 3/8" RS fir plywood with "football" repair patches. 6). All interior handrails are to be wood mounted on standard handrail brackets. 7). All exterior 1x8 v-groove siding, both horizontal and vertical mount, shall be STK W/R cedar. 8). Carpet shall be installed adjacent to drywall in stairwells, no wood skirt boards are included. 9). Each pantry shall receive 5 each 24" deep 3/4" particle board bullnosed shelves supported by lx2 #2 pine cleats. 10). Each closet shall receive a chrome closet rod and one 12" deep particle board bullnosed shelf. Division 7. Thermal & Moisture Protection 1). All fiashings shall be a standard color as manufactured by Berridge. 2). All roof areas to receive a 100% coverage of bituthene underlayment before application of finish roofing material. 3). Metal roofing shall be Pro Panel, or equal, with exposed screw fasteners. 4). All gutters shall be standard K-style, in one standard color. ;). The underslab rigid insulation is not required nor included in the base contract proposal. Division 8. Doors, Windows, Hardware & Glazing 1). All windows as indicated on the plan, shall be Visions 2000, standard color tan, or equal. 2). All overhead garage doors to have lx wood veneered face, per the plan elevations. No false applied hardware for appearance is included. Actual manufactured overhead doors shall be 1-3/8" thick hardboard sectional doors with 1-1/16" thick expanded polystyrene cores by Plycraft, or equal. All doors shall have motor opener operators model 777-CD with a 120 KG DC motor and Kevlar belt operation. Each unit shall have one single channel transmitter and photo cell safety system. All units shall have upgraded tracks, springs, and hardware to accommodate additional weight of applied veneer siding. 3). All door hardware shall be Schalge F series, Orbit, bright brass finish. 4). All interior doors are to be hollow core. 5). All windows scheduled to be fixed shall be direct set glazed units unless specifically noted on the window schedule. P~¢7 Division g. Finishes 1). All finishes through out the project are priced as being consistent and identical from unit to unit. Changes in types or colors may incur additional costs. 2). All vinyl flooring shall be installed over an industry approved 1/4" underlayment, 3). All stairs leading from the unit main level t° the basement or garage level are to be carpet. 4). No painting or finishing of any kind is included on the interiors of the carports F & G. 5). No ceramic tile is included in the project. All bathroom tub/shower surrounds to be an premanufactured acrylic unit. 6), All carpet shall be Southwind Venetian FHAJPoly~eC Berber, or equal, installed over a 3/8 61b Rebond pad. 7). All vinyl flooring shall be Mannington commercial Magna Multiflec, or equal, 8). All hi-fold & bi-pass door openings are to be drywall wrapped. No wood jambs or casing are included at these openings. 9). The floor finish of the post office room and community garden tool storage room to remain exposed concrete. 10). All drywall at lids of garages and at common walls of garages shall be firetaped for code only. All garage drywall lids shall receive 2 layers of 5/8" type X drywall to meet code. 11), No wood furring or drywall walls at concrete walls in garages or basements is included, All basements are to remain unfinished. 12). All drywall at finished drywall areas shall receive a light orange peel finish. 13). All drywall shall be 5/8" through-out the project. All outside corners shall be square corner bead. Division 10, Specialties 1), All mirrors are to be standard 1/4" polished edge plate glass adhered to the wall. 2), Medicine cabinets to be Zenith 105, or equal. 3). Bath accessories to be Taymor, polished chrome. Toilet paper holder TAY019408, towel ring TAY019404, 24" towel bar TAY01940024, or equal. Division 11, Equipment 1). All appliances Shall be white Kenmore and are included in the base contract proposal as follows; Note: All appliances are electric. stack clothes washer &dryer #26-98802 kitchen oven/range #22-93405 kitchen dishwasher #22-14391 kitchen refrigerator (non ice-maker) #-46-37842 kitchen sink disposal #-42-6012 range hood (non vented) #22-51345/30" kitchen range cords #22-2244 dryer cords #26-2644 2), No refrigerators are to include icemakers, nor are any provisions included for future icemaker water piping rough-in. Page 8 Division 12. Cabineiry & Tops 1). No banjo tops, that extend over the bathroom stools, are included. Top to terminate at the end of each vanity. 2). All countertops are to be standard color post formed, by Wilsonart. 3). All cabinetry is to be Timberlake Value Line with Fairfield P1 door style, or equal. All cabinet door and drawers will have a 13 degree back bevel which eliminates need for decorative pull hardware. No decorative pull hardware is included in base contract proposal. 4). All snack bar countertops shall be the same elevation and have an overhang of 12". Snack bar areas are not elevated. Division 13. Special Construction 1 ). No special construction items are part of this project or contract proposal. Division 14. Conveying 1). No conveying systems are part of this project. Division 15. Plumbing. Heating & Mechanical 1). All kitchen range hoods shall be recirculating, not vented. 2). Each building will be Serviced with 1 backflow preventor and 1 pressure reducing valve. 3). No drains in garages are included. All garage concrete floor slabs shall slope to drain to ~he overhead door. 4). No hydronic snowmelting systems are included. 5). All tub/shower units are to be a premanufactured one piece acrylic unit. 6). The fire sprinkler system and it's related piping shall be exposed at R~Control roof panel locations. 7). All grilles shall be painted steel. 8). All waste & vent plumbing lines shall be PVC. Division 16, ElectriCal 1). All bath fans are included in the electrical fixture allowance. Vent piping is included jn the base proposal. 2). All pathway lighting fixtures to be model #8228 by Vista Professional Outdoor Lighting. 3). Heat tape & circuits for heat tape are included in the base contract proposal. See alternates for additional problem roof area heat tape. P~e9 Allowances: The following allowance items are included in the base contract proposal and include all costs associated with the described item including materials, fabrications, finishin9, labor, equipment rental, handlin9, and installation unless individual specifically indicated otherwise. 1). Signage $3,000,00 Allowance includes materials only, labor to install is included in the base contract proposal. 2). Winter Conditions $8,500.00 Allowance includes all labor, matefiats, equipment, and fuel for snow removal, temporary heating, tenting, and sheltering. Note: If an early project commencement is allowed by the owner, the contractor shall absorb at it's own expense, all costs associated with winter conditions to April 21, 1999. After April 21, 1999, all costs associated with winter conditions will be expended against the base contract allowance sum. Contract Items & Structure: Base Contract It shall be proposed that the agreement contractual agreement between the owner and contractor be the AIA Document A101-1997, Standard Form of Agreement Between Owner and Contractor where basis of payment is a STIPULATED SUM with incorporation of AIA Document A201-1997, General Conditions of the Contract for Construction. Retainage The funds retained from the contractors monthly draw request shall be 10% for the first 50% of the project. Upon 50% completion of the project the retainage shall be reduced to 5%. Upon substantial completion of the project, retainage shall be reduced to 2 1/2%. 100% of funds due the contractor shall be released no later than 60 days after 100% project completion. Change Orders All change orders shall be approved in:writing by the owner before any work shall begin on such change order. All changes that increase the project scope of work shall include the contractors hard costs and reasonable administration costs associated with the individual change order item and shall be subject to the contractors letter of credit fee, overhead fee, and profit fee. All change order items that reduce the scope of work shall include the contractors hard costs and reasonable administration costs associated with the individual change order item and shall be subject to the contractors letter of credit fee and profit fee. Page 10 Home Owner Relations All unit home owner and prospective unit home owner relations shall be channeled through the Housing Authority to the contractor. Changes in Scope of Work Any requests for changes from the prospective home owners shall be compiled and presented in detailed written form to the contractor for pricing. The contractor shall be allowed 6 working days to respond to the request for pricing. All changes must be approved in writing by the Housing Authority before any work shall proceed on such changes. All approved changes will be contracted in change order form directly between the contractor and the Housing Authority, and paid to the contractor from the Housing Authority. Due to project scheduling all change orders will be given a fair amount of time for Housing Authority response. All change orders shall be considered null and void after the required response date that will be posted on each change order and the contractor shall proceed with the project per the base contract specifications. The contractor will not be contracting directly with unit home owners or prospective unit home OWneFS. Punchlist Before occupancy of any unit, the contractor, architect, and Housing Authority representative shall perform a final walk-through punchlist. The punchlist shall be in written form prepared by the architect. The contractor shall repair or correct any deficiencies promptly. Upon completion of each units punchlist, they will be considered 100% completed by the contractor. The contractor will be responsible for one punchlist per unit. General occupation of the unit will not constitute further punchlist items. Warranty AH requests for any possible required warranty work shall be at the direction of the Housing Authority to the contractor. Utilities Upon completion (C.O.) of each unit, the cost of the utilities shall become the res~ nsibility of the unit owner or the Housing Authority. The contractor shall no~ ' the Housing Authority on which units utilities are to be changed into the owners name on which date. Should the utilities not be transferred on the date of CO the costs of utilities shall be prorated from that date and charged to the owner as an additional cost to the base contract. AAAAA,AAAAAAAAAAAAA,AAAAAAAAAAAJ, AAAAAAAAAAAAAAAAAAAAAAAAAA~A,AAAAS&AAAAAAAA Page 11 Project Financial Guarantee The contractor shall provide the owner with an irrevocable letter of credit from Alpine Bank Carbondale in the amount of $450,000.00 in lieu of a standard performance & payment bond. This letter of credit shall be delivered to the owner upon completion and execution of the contract, by a)l parties. The cost of this line of credit is included in the base contract proposal A performance & payment bond can be provided should the owner require at an additional expense to the base contract proposal Corpor_~te Seal February 8, 1999 ' Submitted (revised) 2-16-99 Hans Raaflaub Brad Faber Vice President President