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HomeMy WebLinkAboutresolution.council.031-05 CITY OF ASPEN RESOLUTION NO. %t SERIES OF 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT ON THE MANAGEMENT, MAINTENEANCE AND USE OF THE PARKING FACILITY AT HIGHWAY 82 AND BRUSH CREEK ROAD KNOWN AS THE BRUSH CREEK PARK-N-RIDE WHEREAS, the Aspen City Council, Town Council of the Town of Snowmass Village and the Pitkin County Board of County Commissioners (the "Parties") have previously approved funding for the design, construction, administration and maintenance of the proposed parking expansion project at Highway 82 and Brash Creek Rd (the "Brush Creek Park-N-Ride") as the members of the Elected Officials Transportation Committee (EOTC) at the April 21, 2005 EOTC meeting; and WHEREAS, the Parties are entering into the attached intergovernmental agreement dated May 9, 2005 to facilitate the management, maintenance and coordinated use of the Brush Creek Park-N-Ride; and WHEREAS, the City of Aspen and the Roaring Fork Transportation Authority have entered into a joint lease agreement with the property owner, the Colorado Department of Transportation ("CDOT"), for the use of CDOT' property as a park and ride facility for both regional transportation and special event parking; and WHEREAS, the City Council wishes to ratify the intergovernmental agreement dated May 9, 2005, by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, to enter into the attached intergovernmental agreement with the Town of Snowmass Village, Pitkin County, and the Roaring Fork Transportation Authority for the management, maintenance and coordinated use of the Colorado Department of Transportation's property known as the Brush Creek Park-N-Ride. RESOLVED, APPROVED, AND ADOPTED this 9th day of May, 2005, by the City Council for the City of Aspen, Colorado ~Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on May 9, 2005. Kathryn S. K~, City E'[erk H:\EOTC 2005~Apr 21,2005 meeting\Reso BC Intercept Lot 05 09 05.doc INTERGOVERNMENTAL AGREEMENT BRUSH CREEK PARK-N-RIDE MANAGEMENT, MAINTENANCE AND USE PLAN THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), is made and entered into as of this 9th day of May, 2005, by and among the CITY OF ASPEN, Colorado, a home- rule municipal corporation ("Aspen"), THE TOWN OF SNOWMASS VILLAGE, Colorado, a home-rule municipal corporation ("TOSV") and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporate and politic ("County"), THE ROARING FORK TRANSPORTATION AUTHORITY, a political subdivision of the State of Colorado. RECITALS WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18, of the Colorado and Section 29-1-20. et seq., of the Colorado revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners, and the Town Council of Snowmass Village, have adopted Joint Resolution # 61, approving a comprehensive valley transportation plan and endorsing a one-half (1/2) cent sales tax and one- half cent use tax to fund the general elements of the transportation plan and the formation of the Elected Officials Transportation Committee (EOTC); and WHERAS, the members of the EOTC agree that the amount of all expenditures and all projects to be funded with revenues derived from the one-half (1/2) cent sales and one-half (1/2) cent use tax shall be agreed upon by all three members of the EOTC in advance of any such expenditure and/or project as evidenced by a resolution duly adopted by the governing bodies of each party; and WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners, and the Town Council of Snowmass Village, as members of the Elected Officials Transportation Committee known as the EOTC, are working together to solve common transportation problems; and WHEREAS, the Brush Creek Park-N-Ride parking lot owned by the Colorado Department of Transportation (CDOT) located on 27.2 acres, in Pitkin County, on the east side of State Highway 82 across from Brush Creek Road is currently used for transit and parking purposes; and WHEREAS, The entire area identified on the attached Exhibit A commonly referred to as the Brush Creek Park-N-Ride Lot ("Park-N-Ride Lot") is jointly leased by the City of Aspen (Aspen) and the Roaring Fork Transportation Authority (RFTA) from the Colorado Department of Transportation (CDOT) for transit and parking use; and WHEREAS, the EOTC has agreed to design and fund the construction of additional unpaved parking spaces at the Brush Creek Park-N-Ride parking lot owned by the Colorado Department 1 H:~EOTC 2005~Apr 21,2005 meeting~Park-N-Ride-IGA 05 03.doc5/3/2005 of Transportation (CDOT) located on 27.2 acres, in Pitkin County, on the east side of State Highway 82 across from Brash Creek Road; and WHEREAS, the City of Aspen and the Roaring Fork Transportation Authority (RFTA) have been required to enter into a joint lease agreement with CDOT, the owner of the site, to permit the construction of site improvements, management, maintenance and use of the site for transit and parking purposes; and WHEREAS, the City of Aspen, on behalf of the EOTC has submitted a State Highway Access Permit Application to CDOT for approval in order to make access changes and site improvements to the Brush Creek Park-N-Ride parking lot; and WHEREAS, the RFTA shall continue to operate in and out of the transit area and maintain the transit facilities in the Brush Creek Park-N-Ride; and WHEREAS, the Brush Creek Park-N-Ride Management, Maintenance, and Use Plan will regulate and assign responsibilities for the management, maintenance and use of the Brush Creek Park-N-Ride lot; and WHEREAS, the EOTC wishes to further define and clarify the method and process by which the Brush Creek Management, Maintenance and Use Plan will be implemented and funded; and NOW, THEREORE, for and in consideration of the mutual covenants and agreement of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: PURPOSE This Intergovernmental Agreement is designed and intended to assign, define and clarify the management, maintenance and use of the Brush Creek Park-N-Ride Lot through the Brush Creek Park-N-Ride Lot Management, Maintenance and Use Plan. II. BRUSH CREEK PARK-N-RIDE MANAGEMENT~ MAINTENANCE AND USE PLAN The purpose of the Park-N-Ride Lot is to provide parking and shuttle service for commuters, visitors, day skiers, special event attendees and others traveling to The Town of Snowmass Village, Pitkin County and/or the City of Aspen. Exhibit A, appended hereto and made a part hereof, designates three areas of responsibility: the "City of Aspen Maintenance Area," the "RFTA Maintenance Area," and the "CDOT Maintenance Area." The responsibility for the management, maintenance and use of those respective areas of the Park-N-Ride Lot shall be as indicated on Exhibit A. The EOTC shall budget for and fund the annual operating and capital costs associated with the portion of the Park-N-Ride Lot area to be maintained by the City of Aspen for the EOTC. An annual operating and capital budget shall be presented to the EOTC for review and approval 2 H:XEOTC 2005~Apr 21,2005 meeting~Park-N-Ride-lGA 05 03.doc5/3/2005 during the annual EOTC budget process. The budget approval process shall be consistent with the EOTC budget approval process and require unanimous approval by all member jurisdictions. The EOTC shall review the current transit, parking operations, and special event use of the facility annually and must unanimously approve any proposed changes in use of the lot in conjunction with CDOT. RFTA at its own expense shall maintain the portion of the Park-N-Ride Lot associated facilities designated as the "RFTA Maintenance Area" on Exhibit A with the exception of the landscaping, irrigation and irrigation pond in the RFTA Maintenance Area, which will be maintained by the City of Aspen. CHANGE OR FUTURE USE OF THE PARKING LOT Any proposed major change or large special event use of the Park-N-Ride Lot shall require the unanimous approval of all member jurisdictions of the EOTC consistent with existing IGAs governing the EOTC in and coordination with CDOT. CITY OF ASPEN RESPONSIBILITES The Director of Parking for the City of Aspen shall be responsible for the daily and minor special use, management, maintenance, and enfomement of the portion of the Park-N-Ride Lot designated as the City of Aspen Maintenance Area on Exhibit A. The City of Aspen shall maintain and repair the parking area and facilities including but not limited to the paved asphalt lot, striping, parking islands, landscaping, lighting, signage, curb and gutter, the gravel RAP or green engineered parking surface, pedestrian trail and underpass, drainage pond, drainage piping and system, irrigation systems and any other facilities in the parking area. The City of Aspen shall also maintain and repair the drainage pond and fence, drainage piping and system and the irrigation systems in the RFTA Maintenance Area. Specifically, maintenance shall include: Snow Removal. Snow shall be removed from the parking lot, the parking lot access road, the sidewalk and the concrete pads by private contractor. Plowing shall be required after every snowfall of 3 inches or more, and shall be complete by 5:30 a.m. If necessary, snow shall be hauled to the City snow dump facility across the highway adjacent to the County Shop. Lot Sweeping and Flushing. Sanding shall be limited to critical areas, and sand shall only be applied during extremely icy conditions. The City shall, within four days of the sanded areas becoming dry, flush and/or sweep with water. After the snow and ice have melted and the parking lot has cured next spring, the City shall sweep and/or flush the lot and access lanes (depending on the condition of the recycled asphalt surface) on a monthly basis. Daily Maintenance. A part-time day maintenance worker shall pick up trash and empty trash bins, sweep and/or remove snow and ice from pedestrian walkways, clean and stock the portable rest rooms, perform weed management, repair and replace irrigation system as needed, and replace lights. 3 H:\EOTC 2005~Apr 21,2005 meeting~Park-N-Ride-IGA 05 03.doc5/3/2005 Preventative Maintenance. The Aspen Director of Parking shall conduct monthly inspections of parking lot and road surfaces, checking for enlarged cracks, potholes or other surface problems. Problems shall be corrected within three days of discovery, with assistance from County Road and Bridge Department, City Streets Department, or CDOT, as appropriate. Signs, lighting, striping, irrigation and landscaping shall be repaired or replaced as needed. Enforcement. Enforcement of parking restrictions, rules and regulation shall be performed by the City of Aspen. RFFA RESPONSIBILITIES RFTA shall be responsible for the maintenance of all facilities in the RFTA maintenance area including, but not limited to bus shelters, benches, lights, bike racks, portable toilets, trash cans, signage, roadway striping, asphalt roadway, islands, curb and gutter and passenger plaza. RFTA shall also provide the following services: trash removal, cleaning of bus shelters, snow removal of roadways and pedestrian plaza RFTA shall continue to operate its services in and out of the Park-N-Ride Lot. SPECIAL AND FUTURE USES Any requests to use the Park-N-Ride Lot outside of commuter parking shall be submitted in writing to the City of Aspen's Director of Parking, the manager of the lot, and will require unanimous approval of the EOTC These other uses include special event parking, construction staging and long-term parking. Any special event request shall require a written transportation and parking plan detailing the proposed use of the transit facilities, parking areas, traffic control and impacts to the intersection or access roads to or from the parking lot. The entity requesting the special use shall be responsible for acquiring the necessary permits and may be charged a fee. Any fees assessed shall be used to recoup costs associated with management and maintenance of the Park-N-Ride Lot. Nothing contained within this Agreement shall foreclose any member of the EOTC to suggest changes in the future uses of the Park-N-Ride Lot. Any such future changes in use shall require the unanimous approval of the EOTC member jurisdictions. IlL ANNUAL RENEWAL AND TERMINATION This Agreement shall be perpetual unless one or more parties to this agreement shall provide written notice that it desires to terminate the Agreement. Any party to this Agreement may terminate the Agreement upon 90 days prior written notice to the other parties. Upon termination of this Agreement, this Agreement shall become null and void. IV. MISCELLANEOUS 4 H:\EOTC 2005~Apr 21, 2005 meeting~Park-N-Ride-lGA 05 03.doc5/3/2005 This Agreement may be modified only by written amendment approved by all parties acting separately. Nothing contained in this Agreement shall mean or be construed to mean that an individual party to this Agreement may not independently fund or implement a specific element of the Plan or some other transportation related project without the consent of the other parties. If any provision of this Agreement or the application thereof to any person, entity or circumstance is held invalid, illegal, or unenforceable for any reason, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of the Agreement are declared to be severable. This Intergovernmental Agreement is not intended to create any right in or for the public, or any member of the public, including any contractor, supplier or any other third party, or to authorize anyone not a party to this Agreement to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties with respect to third parties shall remain as imposed by law. Each party represents that it has the specific power and authority to enter into and consummate this Agreement according to law and that it has followed the proper legal procedures to authorize those persons whose names are subscribed below to execute this Agreement and obligates that party to perform this Agreement. 5 H:\EOTC 2005~Apr 21, 2005 mecting~Park-N-Ride-lGA 05 03.doc5/3/2005 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF ASPEN, COLORADO ATTEST: BY: APPROVED AS TO FORM BOARD OF COUNTY COMMISIONERS OF THE COUNTY OF PITKIN ATTEST: BY: APPROVED AS TO FORM: TOWN OF SNOWMASS VILLAGE, COLORADO BY: ATTEST: APPROVED AS TO FORM: ROARING FORK TRANSPORTATION AUTHORITY BY: ATTEST: APPROVED AS TO FORM: 6 H:\EOTC 2005~Apr 21, 2005 mceting~Park-N-Ride-lGA 05 03.doc5/3/2005 / / -/ / / / / / / / / / /