HomeMy WebLinkAboutagenda.council.regular.20060925
CITY COUNCIL AGENDA
September 25, 2006
5:00 P.M.
I. Call to Order
II. Roll Call
III. Moment of Silence
IV. Scheduled Public Appearances
a) Green Leadership Award Presentation
V. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
VI. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VII. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #77,2006 - CIRSA Renewal
b) Resolution #78,2006 - Red Brick Management Agreement Amendment
c) Resolution #79,2006 - Low-Income Energy Assistance Act
d) Resolution #80,2006 - Information Services IGA
e) Resolution #81,2006 - Supporting County Ballot Question 1 B
f) Resolution #82,2006 - Supporting County Ballot Question 1A
g) Resolution #83,2006 - Opposing State Amendment #40 - Judicial Term Limits
h) Minutes - September 11,2006
VIII. First Reading of Ordinances
a) Ordinance #39,2006 - Aspen Institute Conference Center SPA Amendment P.H.
10/23
IX. Public Hearings
a) Ordinance #36, 2006 - Jewish Community Center Subdivision
b) Ordinance #38,2006 - Extension of Moratorium
X. Action Items
XI. Adjournment
Next Regular Meeting October 10,2006
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
VIla
MEMORANDUM
TO:
Mayor and Council
RE:
September II, 2006
Resolution # ~ Acceptance of 2007 Property/Casualty Insurance
Policy Renewal Premium Quote
FROM:
Peggy Carlson, Risk Manager
THRU:
Paul Menter, Finance Director
DATE:
SUMMARY: This resolution authorizes the City Manager to execute the acceptance of
CIRSA's premium quote for the 2007 renewal of the City's property/casualty insurance
Coverage (Attachment A). I recommend that Council approve the resolution.
PREVIOUS COUNCIL ACTION: None.
DISCUSSION: The proposed CIRSA coverage for 2007 includes property coverage
(including auto damage), liability coverage (including general liability, auto liability, law
enforcement liability and public officials errors and omissions liability), and crime
coverage which insures the City for theft of money, employee dishonesty, etc.
FINANCIAL IMPLICATIONS: Staff requested that CIRSA provide the 2007 quote
based on the same deductibles per claim that were in place in 2006. The deductibles are
$10,000 for liability claims, $5,000 for auto liability (damage to a third party vehicle),
$10,000 for auto physical liability (damage to a City vehicle) and $10,000 for property
damage. The 2006 premium for this coverage was $305,948. The quote for 2007 is
$324,324. The increased premium has been built into the 2007 budget.
Insurance premiums have increased in the last few years in general, particularly in the
areas of public officials and police liability. The City's premiums have increased due to
increased property loss and liability exposures, increased operating expenses and some
significant claims over the past three and one-half years that still affect the premium.
RECOMMENDATION: I recommend that the City Council authorize the City
Manager to execute the acceptance ofCIRSA's 2007 insurance premium quote in the
amount of$324,324.
AL TERNA TIVES: A decision to withdraw from CIRSA would require the City to look
for another insurance carrier. In the current insurance market, there are very few, if any
carriers who are willing to insure municipalities. The other option would be to self-
insure for all losses.
PROPOSED MOTION: "I move to approve Resolution # ~ authorizing the City
Manager to execute the Acceptance ofthe premium quote for the City of Aspen's 2007
CIRSA property/casualty insurance."
CITY MqAGER COMMENTS: ~
~~....r-Q~~ ~
Attachment:
A - Proposed 2007 Property/Casualty Coverages
B - 2007 Property/Casualty Preliminary Contribution Quote
C - Acceptance of Preliminary Quote
RESOLUTION NO. :::r::r
(SERIES OF 2006)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING
THE RENEWAL OF THE CIRSA PROPERTY/CASUALTY INSURANCE POLICY
FOR THE CITY OF ASPEN FOR 2007, AND AUTHORIZING THE CITY MANGER
TO EXECUTE THE ACCEPTANCE OF THE PREMIUM QUOTE ON BEHALF OF
THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council the Premium Quote for
2007 CIRSA Property/Casualty Insurance Policy for the City of Aspen, Colorado, a copy
of which is annexed hereto and part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves the CIRSA Premium
Quote for 2007 Property/Casualty Insurance Policy for the City of Aspen, Colorado, a
copy of which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said Acceptance of Premium Quote on behalf of the City of
Aspen.
Dated:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of the that resolution adopted by the City Council of
the City of Aspen, Colorado, at a meeting held , 2006.
Kathryn S. Koch
ATTACHMENT A
PROPOSED 2007 PROPERTY/CASUALTY COVERAGES
The types and monetary limits of the proposed coverages to be provided to CIRSA Property/Casualty
. members for the applicable coverage period(s) are generally described below. The scope, terms,
conditions, and limitations of the coverages are governed by the applicable excess and/or reinsurance
policies, the CIRSA Bylaws and Intergovernmental Agreement, and other applicable documents.
I. TYPES OF COVERAGES (subject to the limit on CIRSA's liability as described in Section II
below):
A. Property coverage (including auto physical damage)
B. Liability coverage:
1. General liability
2. Automobile liability
3. Law enforcement liability
4. Public officials errors and omissions liability
C. Crime coverage (including employee dishonesty and theft of money and securities)
II. CIRSA RETENTIONS, Loss FUNDS, AGGREGATE LIMITS, AND MEMBER DEDUCTlBLES:
For the coverages described in Section I, CIRSA is liable only for payment of the applicable self-
insured retentions and only to a total annual aggregate amount for CIRSA members as a whole of the
amount of the applicable CIRSA loss fund for the coverage period. There is no aggregate excess
coverage over any loss fund.
Coverages in excess ofCIRSA's self.insured retentions are provided only by the applicable excess
insurers and/or reinsurers in applicable excess and/or reinsurance policies, and shall be payable only
by those excess insurers and/or reinsurers. The limits of coverage provided by the excess insurers
and/or reinsurers for the coverage period shall be described in the coverage documents issued to the
members. Aggregate and other limits shall apply as provided in said documents.
A. CIRSA PROPOSED SELF-INSURED RETENTIONS FOR THE COVERAGE PERIOD:
I. $500,000 per claim/occurrence property
2. $500,000 per claim/occurrence liability
3. $500,000 each and every claim Public Officials liability
4. $150,000 per claim/occurrence crime
B. CIRSA Loss FUND AMOUNTS FOR THE COVERAGE PERIOD:
Loss fund amounts are as adopted or amended from time to time by the Board of Directors
based on the members in the Property/Casualty Pool for the year and investment earnings on
those amounts. Information on the current loss fund amounts is available from the Chief
Financial Officer.
Attachment A (continued)
C. PROPOSED EXCESS INSURANCE LIMITS FOR THE COVERAGE PERIOD:
3. Excess crime (optional):
to $501 million each claim/occurrence
to $5 million each claim/occurrence (except excess auto
liability: to $1.5 million each claim/occurrence); $10,000,000
annual aggregate for public officials errors and omission
liability
to $2 million per claim/occurrence
I. Excess property:
2. Excess liability:
D. MEMBER DEDUCTlBLES:
A member-selected deductible shall apply to each of the member's claims/occurrences.
Payment of the deductible reduces the amount otherwise payable under the applicable CIRSA
retention. Allocated loss adjustment expenses are included in the member deductible.
III. Loss CONTROL STANDARDS AUDIT SCORE CREDIT
CIRSA members who received a Loss Control Standards Audit Score of 0.85 or higher in 2006, and
renew their membership in 2007, are eligible for a Loss Control Standards Audit Score Credit. Refer
to ATTACHMENT B for the amount of this credit, if any. Under the Loss Control Standards Audit
Score Credit Program, you have three options for utilizing this credit. You may:
A. Place the amount in your Loss Control Credit Account, to be used as reimbursement for
approved safety-related purchases; or
B. Credit the amount against your 2007 contribution; or
C. Receive the amount in the form of a check in January 2007.
IV. Loss CONTROL CREDIT ACCOUNT
The Board has approved member's use of any balance in the Loss Control Credit Account, except any
Special Credit monies, to pay 2007 contributions. Your entity's balance in this account on August 17,
2006, if any, is shown on ATTACHMENT B. This is an optional credit. You can elect to use all or
any portion of the credit balance (except Special Credit monies) available. If elected, the credit can
onlv be applied to your 2007 contribution.
V. PURSUIT AND EMERGENCY VEHICLE OPERATIONS CREDIT PROGRAM
CIRSA members with a police department, who have adopted a policy with the three key provisions
ofCIRSA's Sample Pursuit and Emergency Vehicle Operations Policy and renew their membership
in 2007, are eligible for a Pursuit and Emergency Vehicle Operations Credit in 2007. Refer to
ATTACHMENT B for the amount of this credit, if any. Under the Pursuit and Emergency Vehicle
Operations Credit Program, you have three options for utilizing this credit. You may:
A. Place the amount in your Loss Control Credit Account, to be used as reimbursement for
approved safety-related purchases; or
Attachment A (continued)
B. Credit the amount against your 2007 contribution; or
C. Receive the amount in the form of a check in January 2007.
VI. PRELIMINARY QUOTATION FOR 2007 PROPOSED PROPERTy/CASUALTY COVERAGES
The preliminary quotation is shown in ATTACHMENT B. It is for the proposed coverages along
with administrative costs, claims servicing fees, and a reserve fund contribution, if applicable. The
quote contemplates the exposures stated in your 2007 renewal application and all Application
Amendment Requests received by CIRSA through August 17, 2006 and includes the deductible
options you requested.
Do not pay the amount of this preliminary quotation. It is provided only for your
information and to provide a basis upon which you can decide whether to continue
Property/Casualty coverage through CIRSAfor 2007. Final invoices for 2007 will be mailed
to members on January I. 2007.
VII. ACCEPTANCE PROCEDURES
Please complete the enclosed acceptance form indicating your decision for 2007, and return it to the
CIRSA office on or before Friday, September 29, 2006. Failure to return the form in time may
result in the imposition of penalties under CIRSA Bylaw Article XIV upon withdrawal. You
may fax the acceptance form to CIRSA at (800) 850-8950 and follow with a hard CODV bv mail.
VIII. WITHDRAWAL PROCEDURES (if applicable)
The enclosed Article XIV of the CIRSA Bylaws describes withdrawal procedures from CIRSA.
Written notice of withdrawal must be received by CIRSAno later than Friday, September 29,
2006, for a withdrawal without penalty effective January 1, 2007. Article XIV should be read in
its entirety for any penalties, which would otherwise apply. Withdrawing members who subsequently
apply to rejoin CIRSA may be subject to such terms and conditions as established by the CIRSA
Board of Directors.
C:Q
f-<
1E
~
~
f-<
~
.~
-
'"
-
o
::l
~O'
o
o 6
-< ~.-
,b::l
~,D
7Jl ""B
~5l"
~ '" 0
~~u
Uf~
P- .10
2 S
A..;..=
"
....
~
t-
o
o
'"
"
.8
-
~
o
~ g.
Co 00
< .~
o
~
;S
"
~
-d
E
()
"
"
'"
..0
'"
::l
o
.>
~
::l
~
'"
"
.8
-
P-
o
"
~
-
()
.g
.g
"
.;;
"
o
"'"
"
'"
'"
,D
.~
~ ..,.
'" '"
t- - ,..,
g Q~ -.E
'"
"'-.... ,..,
...... gu '"
~O'''
o ....
f-< ..s
6
0
" 0
<<)
() 00
.....5 ~
0';:: '"
b8
'" "
]~
'"
0
.....l
6 <::>
...
" '.0
~"'" ::l
" ",D
'" ::l'B
~~"
0
u
'Q; '<t
'"
" " () 0
.8 ~ 5 ..0
- .;:: 0
~ ~ ~ <<)
E" ...
p::"
" "P;<
0....'"
utSr.I.l
_,,0
"C:Q.....l
z~"'"
1ii
'"
"
00
'"
....
~
o
()
.....
o
"
.8
~
.9-
....
()
'"
"
"'"
'"
....
..s
....
~
..!l
"'"
"
-=
()
'"
:t::
'"
"
.;;
o
~
....
<E
"
....
"
'"
'"
"
E::
o
o
o
6
~
...
'"
<::>
o
o
6
~
...
0
.- 0
~ 0
~ .rl
.- ...
.....l
0
~
0
0
0
.- 6
~
~ ~
...
;.:l
...;
"
:t::
..!l
"'"
"
-=
()
~
"
.;;
.10
-
"
"
B
'"
"
.I:l
....
..s
'"
"
.8
-
P-
o
"
"
r/l
Q\ ,..,0
"" -..,.
..,. "''''
,..;- 00 ~
~ ~
-
'i3
2
u
- '"
.- 8
"'"
2 ..0
U '"
....
2 15.
0 0
()
r/l "
.-::: - U
"'" .-
S -=
::l "
< 0 ~
()
'" ()
] < ()
- "
"'" 'i3 ~
1ii " ....
- .... "
r/l U S
-0 ] ~
.I:l "'"
8 " 1ii
0
u u -
."
'" '" '"
'" '" ....
0 0 ::l
.....l .....l ~
.~
-
"
"
!3
o
>,
B
"'"
"
]
~
5
"
,D
"
~
-=
'"
-
'i3
"
....
()
00
'"
.~
.9
;S
"
~
r/l
t:
Q
~
U
~
1E
u
15
*
"'" r-:
" " 0
"'" 00 0
'> '" '"
....
0 " ~
.... >
P-O ~
. ()
,,~ .
~~o
,D"'o
"'....0 - ~
;.:: 0 .. ~
"'''''~
>0'" -
"
"'0 '" 0 .....
o l/)'- () Z
to... S "
~.~ S '" 0
'" Z
"
o ~._ ~
""=.D !:: P- o
p. '.c .- as -
o () S !J
" ::l " ~
:0];9 .g ~
',c "'C iU '"
() " .... " !i
.gz~ooo 00 ~
,D
Q)..... ~ 000 00 '.0 0
"C ~ ..0...0...0.. 00
0"0" () U
00 0 ,b0 0 0 ::l
l=: p.._ \f') 0 0 000 "'" t-
.- s........ M -.::t It) 0<<) " 0
~ .- ~(17~ 00'" Q 0
o::s~ <<) " '"
...... s.- ... " 8
o._~ '"
"""'" 0
.- " -=
~ S.8 u >-
" '" "
,;~.~ .;; p::
() . ~ S 0
~
~:Gooooo ,g Q
t::1-o 0000
::l.s o(lO.O.O.O. ~ p;<
C) ..... 0 0 0 0 " .....l
O"Or.I.lll')OlrlO 2 ~
~~~"""NNM
o..t::fAEA.e.q..e.q. ~ C:Q
.....
'd ~ ~ .- p;<
"'"
'0 bD~ II '" C:Q
..s=.S .$ " " .....l
() - () " .8 ~
a'jes ~ -
'" ~
o 8.0 < "
.- ~
'-000000 .... "S
~-;..::::oooo ..s 0
._ .;g ..0 0 0 0 0 0 >-
...... 0::; ... ... ... ... '" ()
8:-~~~~g 2 " ~
~1)"O.e.q.f;I3E.17""" .s ~
"'O_~ EA .- II ,e f-<
"'" -
1ii " '" " " () 0
1l,b lU.9 ::l ~
.... "'"
" .....- ~E " 0'
"S 11>;'::: "'"
p.~ 0 0 0 0 p;<'- .... r/l
11)._ 0 0 0 0 oo.s ..s ,,; -
" ::I1
S8.....l0.0."1.0. .B.....l >
".- f-<
-__Nl.() --
~"'g~~f;AV7EA ",- o '" ~
~ 5 &~ 0
+-> iU 00 o-~
>. (.) 'fi) 0 '" '" ~
..0 X 001.() "
"'O~~EA ~~ " .....
~ " .- P-
..... 0 0 2
'" " .... o " "'" 0
.. o..{J] p.. f-<O E 00 ~
z.~ lU c..> '" "
o ll)~'~ " '.0
-:0 "0 .~ .~ P;<
f-<._ ,,~ ::I1
<-0
(),.p " " " f-<
~.gOCd to"'" >-
iU ..E oS ::l S
o"t:liUl-o <
'" " o !3 ~
~" ".;; >'0 f-<
15~.;;o ~>, 0
P;< Z
.....l
el 0
f-< Q
U ~
~
Q <
~ CJ
Q <
Acceptance of Preliminary Property/Casualty Quotation
Attachment C
MUST BE RECEIVED AT THE CIRSA OFFICE
ON OR BEFORE FRIDAY, SEPTEMBER 29,2006
Complete, sign, and return this form if your entity has decided to accept CIRSA's Preliminary
Property/Casualty Quotation for 2007.
*******************************************************************************
ACCEPTANCE OF PRELIMINARY
PROPERTY/CASUALTY QUOTATION
This is to notify CIRSA that the City of Aspen accepts the following preliminary quotation for
property/casualty coverage for 2007 (check and fill in as applicable):
The City of Aspen accepts the preliminary 2007 quotation of $ ..S? f; d<iJ ';I-
with the same deductibles as 2006 (listed below):
$ 10.000 Liability Deductible*
$ 5.000 Auto Liability Deductible
$ 10.000 Property Deductible
$ 10.000 Auto Physical Damage Deductible
The City of Aspen accepts the preliminary 2007 quotation of $
with new deductibles of:
Liability Deductible*
Auto Liability Deductible
Property Deductible
Auto Physical Damage Deductible
$
$
$
$
* A $500 deductible quotation is offered to members, if requested, for property, auto
physical damage, auto liability and general liability. However, police professional and
public officials errors and omissions deductibles cannot go below $1,000.
AUTOMOBILE MEDICAL PAYMENTS, PREMISES MEDICAL PAYMENTS AND
UNINSUREDIUNDERINSURED MOTORIST OPTIONAL COVERAGE
Based upon the selections made in your 2007 Property/Casualty Renewal Application, the City of
Aspen has elected:
Not to participate in Automobile Medical Payments Coverage, and
Not to participate in Premises Medical Payment Coverage, and
To participate in UninsuredlUnderinsured Motorist Coverage.
If this is incorrect, or you wish to change your selection at this time, please contact your underwriting
representative at (800) 228-7136 or (303) 757-5475.
** Indicates the selection is a change from your entity's selection in 2006.
Acceptance of Preliminary Property/Casualty Quotation
Page 2
Attachment C (continued)
Loss CONTROL STANDARDS AUDIT SCORE CREDIT
Please indicate below how you would like to utilize your 2007 Loss Control Standards Audit Score
Credit, if applicable:
Apply the credit towards our 2007 Property/Casualty contribution.
Apply the credit towards our 2007 Workers' Compensation contribution.
1- Deposit the credit in our Loss Control Credit Account on January 1,2007.
Send us a check for the amount of the credit after January I, 2007.
Loss CONTROL CREDIT ACCOUNT
Please indicate below how you would like to utilize your Loss Control Credit Account Balance, if
applicable:
Apply $
contribution.
of the credit towards our 2007 Property/Casualty
Apply $ of the credit towards our 2007 Workers'
Compensation contribution.
L Keep the full amount in our Loss Control Credit Account and do not reduce our
contribution.
PURSUIT AND EMERGENCY VEHICLE OPERATIONS CREDIT
Please indicate below how you would like to utilize your 2007 Pursuit and Emergency Vehicle
Operations Credit, if applicable:
Apply the credit towards our 2007 Property/Casualty contribution.
Apply the credit towards our 2007 Workers' Compensation contribution.
j... Deposit the credit in our Loss Control Credit Account on January 1, 2007.
Send us a check for the amount of the credit after January 1, 2007.
Acceptance of Preliminary Property/Casualty Quotation
Page 3
Attachment C (continued)
THIS IS NOT A BILL. AN INVOICE WILL BE SENT ON JANUARY 1. 2007.
The undersigned is authorized to accept this preliminary quotation on behalf of the City of Aspen.
We accept this preliminary quotation for January I, 2007 to January 1, 2008. We
understand our final invoice may increase/decrease depending upon the number of
C1RSA Property/Casualty members for 2007, actual excess insurance premiums, and
any changes made to our 2007 renewal application.
Signature:
Title:
Date:
Vllb
THE CITY OF ASPEN
Memorandum
To:
Through:
City Council
Paul Menter, Director of Finance and Administrative Services
From:
Scott Newman, CF A, Senior Financial Analyst - Debt and Investment
Management
Date:
8/28/2006
Re:
Red Brick Management Agreement
Summary: Finance Staff is seeking approval for restructuring of the current management
agreement between the City of Aspen and the Red Brick Center for the Arts. The new
agreement restructures the Red Brick's current Agreement with the City and extends it
through 2015. Under the restructured agreement, the annual lease obligation will be
increased from $65,000 to $84,000 through December 31 sl 2008 with an increase to $84,714
through August 2015. Additionally, the Red Brick is requesting that they be permitted to
increase their management fee from 12% to 15% of total building revenues monthly.
Background: Council adopted Resolution No. 81, Series of2003 on amending and
extending the original Management Agreement between the City of Aspen and the Red Brick
Center for the Arts. The following defines the terms of the original agreement:
rents,fees, and all other income derivedfrom the rental and/or use of the Building
and Property shall be collected and paid to the Red Brick Center. From such
revenues the Red Brick Center shall pay to the City an annual sum of $65,000.00 to
help defray the original purchase price of the Building and original improvements
and shall be entitled to collect and retain from revenues a monthly management fee
on the amount of twelve (12%) of total building revenues as compensation for its
management services as described herein..
In February, 2005 Council directed Staff to proceed with the west end improvements at the
Red Brick Center through an inter-fund loan to the Asset Management department. The Red
Brick Board of Directors has agreed to repay the City for the principal portion of this
financing as an additional component to their original contract as evidenced by the extension
period noted above. This financing strategy is consistent with the terms and conditions of the
existing management agreement between the City and the Red Brick.
Recommendation: Finance Staff recommends the approval ofthe restructured management
agreement.
RESOLUTION NO. trb
Series of2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF ASPEN
AND THE RED BRICK CENTER FOR THE ARTS, AND AUTHORIZING THE
MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Management
Agreement between the City of Aspen and the Red Brick Center for the Arts, a true and
accurate copy of which is attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Management
Agreement between the City of Aspen and the Red Brick Center for the Arts, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or
City Manager to execute said agreement on behalf ofthe City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the
day of
,2006.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certifY that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT is made and entered into by and between
the City of Aspen, Colorado, a municipal corporation ("City"), and the Red Brick Center
for the Arts, a Colorado nonprofit corporation ("Red Brick Center"), and executed on the
date( s) as specified below.
WIT N E SSE T H:
WHEREAS, the City is to purchase and secure title to that building and property
commonly known as the Red Brick Arts and Recreation Center, and more particularly
described in Exhibit A attached hereto and fully incorporated herein by this reference;
and
WHEREAS, the building and property are to be purchased by the City to afford a
long-term home for arts and other non-profit groups and for other community uses; and
WHEREAS, the City's intention and desire is to allow the Red Brick Arts and
Recreation Center to be used, operated, maintained, managed and supported as much as
possible by community groups and citizens as a community center and not simply as
another governmental service center; and
WHEREAS, the Red Brick Center is a volunteer, citizen-based non-profit
organization familiar with the needs and desires of the arts and nonprofit community; and
WHEREAS, the Red Brick Center desires to participate with the City and
community in the operation and management of the Red Brick Arts and Recreation
Center in accordance with the terms and conditions as set forth below; and
WHEREAS, the City and the Red Brick Center are authorized and willing to enter
into this agreement for the purposes as described herein.
NOW, THEREFORE, in consideration of the mutual promises herein contained,
the City and the Red Brick Center agree as follows:
1. MANAGEMENT SERVICES
The City hereby retains the Red Brick Center to provide all management services
necessary to operate and maintain the Red Brick Arts and Recreation Center and
property, exclusive of those portions of the building occupied, used and maintained
by the City for recreational purposes (the "Property"), in an efficient and cost-
effective manner (See Exhibit B). Management services as provided by the Red
Brick Center shall include the following:
I. The Red Brick Center shall use its best efforts to rent space within the Red
Brick Arts and Recreation Center ("Building"), exclusive ofthose portions of the
Building to be occupied and maintained by City, to qualified tenants on terms
satisfactory to the City with the goal of maintaining a one-hundred percent (100%)
occupancy rate at all times. Pursuant thereto, the Red Brick Center shall negotiate
and execute on behalf of the City all leases and tenancies, including extensions and
renewals. The Red Brick Center shall utilize form leases approved by the City for all
tenant leases. Attached hereto and fully incorporated herein as Exhibit C is an
addendum listing tenant qualification and rental conditions to be utilized in tenant
selection and rental agreements. The Red Brick Center shall not enter into any lease
with any tenant for a lease of term ofless than one (I) year or more than five (5)
years without the written consent of the City.
2. The Red Brick Center shall be solely responsible for the operational
management and maintenance of the Property. The Red Brick Center shall use its
best efforts to insure that the Building and surrounding premises are maintained in an
attractive and safe condition and in good repair. "Maintenance" shall mean to include
the provision of utility services to the Building (i.e., heat, water, electricity, sewer,
and gas), cleaning, painting, grass cutting, landscaping, snow removal from
accessways, parking areas and outdoor walkways, non-structural repairs, including
repairs to lighting, hearing, plumbing, electrical and ventilation facilities, refUse
disposal, window and door replacement, the purchase of supplies and materials
necessary thereto, and other work reasonably related to mitigate the wear and tear and
aging of the Property. The Red Brick Center shall not be responsible for structural
repairs and capital improvements. Such repairs and improvements shall be made in
accordance with Section II herein. Red Brick Center shall be responsible for
promptly and courteously responding to all citizen complaints relating to the Red
Brick Arts and Recreation Center and reporting to the City as to the disposition of
each complaint.
3. The Red Brick Center shall use its best efforts to promptly collect all rents,
deposits and other income derived from the rental of space in the Building, and
execute and serve such notices and demands as necessary to collect delinquent rents
or secure compliance with rental terms from tenants. Pursuant to these duties, the
Red Brick Center shall be authorized to the extent permitted by law, ant its cost, to
undertake, compromise or terminate such legal actions in the name of the City as it
may deem necessary to collect delinquent rents, deposits, or costs, recover possession
of any rented premises, or secure compliance with rental terms from non-complying
tenants. No other form oflegal action may be instituted, compromised, or terminated
by the Red Brick Center on behalf of the City without the prior written consent of the
City as obtained through the office of the City Attorney. Any and all attorney's fees
or costs awarded to the City as part of any judgment of court order against a tenant
shall be the property of the Red Brick Center.
II. STRUCTURAL REPAIRS AND CAPITAL IMPROVEMENTS
The City and Red Brick Center jointly acknowledge that the Building will have
undergone, at the City's cost, significant and extraordinary structural repairs and capital
improvements immediately prior to he Red Brick Center's assumption of its management
duties as provided for under this agreement. In the event additional or future structural
repairs and/or capital improvements to the Building or premises are required as
determined by the City and upon the advice of the Red Brick Center, involving such
matters as the roof, exterior walls, interior bearing walls, the building foundation, the
plumbing, water, sewer, electrical, hearing and/or ventilation systems, including
replacement of fixtures and equipment, then the City shall be responsible therefore
utilizing such monies as have been set aside for such repairs and/or improvements in the
capital reserve fund as provided for below. In the event of insufficient capital reserves,
the City may, in its sole and exclusive discretion, utilize other funds within its control to
undertake such necessary repairs and/or improvements, so long as such expenditures are
reimbursed to the City in a reasonably timely fashion from income derived from the
rental or other income-producing use of the Property. Prior to the City exercising its
discretion to utilize other funds for capital improvements, the City shall take into
consideration efforts undertaken by the Red Brick Center to raise funds for capital
improvements from fund raising and/or grants undertaken by the Red Brick Center.
Should a disagreement arise between the parties concerning the necessity of any
structural repair or capital improvement, the City shall have ultimate decision-making
authority with regard to same.
III. AMERICANS WITH DISABILITIES ACT OF 1990
Notwithstanding any other provision as contained within this agreement, the
parties acknowledge and agree that the City shall be solely responsible to undertake any
necessary modifications or improvements to the Building or Property as may be required
at any time in the future by reason of the Americans With Disabilities Act of 1990
("Act"). Moreover, the parties agree that the Red Brick Center shall not be responsible
for indemnifying the City for any actions, civil or otherwise, arising from the use of the
Building or Property and brought to enforce compliance by the City with the provisions
of the Act. Should the City determine or be required to undertake modifications to the
Building and/or Property by reason of the Act, then the City may draw upon the capital
reserve fund as established under the terms of this agreement to pay for the cost of such
modification.
IV. BUILDING INCOME DISBURSEMENT
A. DEBT SERVICE AND OPERATIONS/MAINTENANCE RESERVE PAYMENT
Rents, fees, and all other income derived from the rental and/or use of the
Building and Property shall be collected by and paid to the Red Brick Center. From such
revenues the Red Brick Center shall pay to the City an annual sum of$84,OOO through
2008 and $84,714 through 2015 to help defray the original purchase price of the Building
and original and subsequent improvements. Such amount shall be paid in monthly
installments of$7,000.00 and $7,059.50, due on or before the 1st day of the month next
following collection. Failure of the Red Brick Center to timely and fully pay this annual
sum shall constitute a material breach of the agreement.
B. OPERATING EXPENSES AND MAINTENANCE
After payment to the City of the amount as specified in Paragraph A above, the
Red Brick Center shall utilize Building revenues and income to defray normal regular
operating expenses and maintenance, including utility costs, as more particularly
described in Section I (2) above.
C. MANAGEMENT FEES
The Red Brick Center, after the payment of the amounts as specified in
Paragraphs A and B above, shall be entitled to collect and retain from revenues a monthly
management fee in the amount of fifteen percent (15%) of total building revenues as
compensation for its management services as described herein. In addition to the
management fee set forth above, the Red Brick Center shall be authorized to occupy 225
square feet of space in the property rent-free.
D. CAPITALRESERVEFUND
After the disbursements as specified in Paragraphs A, B and C above, the Red
Brick Center shall pay any and all remaining collected revenues into a capital reserve
fund. Such reserve fund shall be in the name ofthe City and shall be applied as
necessary to defray the costs of capital repairs and/or improvements as described in
Sections II and III above over the life of the property.
V. RECORDS AND REPORTS
The Red Brick Center shall keep up-to-date books and records that reflect all
revenues and all expenditures incurred in connection with the management and operation
of the Property. The books, accounts, and records shall be maintained at the principal
place of business of the Red Brick Center. The Red Brick Center shall, during regular
business hours, make the books, accounts, and records required to be maintained
hereunder available to the City, or other representatives of the City, for examination and
audit by appointment on no less than one day's notice.
The Red Brick Center shall furnish to the City, no later than the end of the next
succeeding month, a detailed statement of all revenues and expenditures for each
preceding month, which shall reflect rents and other income received and expenses
incurred. All invoices, statements, purchase orders, and billings received or paid during
such preceding month, as well as such other information relating to the operation or
management of the property as the City deems pertinent will be made available for City
review at any time.
The Red Brick Center shall submit an annual written report to the City on or
before November I of each year. Such report shall accurately reflect all revenues and
expenses associated with the operation and maintenance of the Property during the
preceding year. Simultaneously, the Red Brick Center shall submit a budget and
operating plan for he Property for the forthcoming year, including plans for any capital
expenditures or improvements.
Upon the expiration or other termination of this agreement, the Red brick Center
shall prepare a final written report of all revenues and expenditures associated with the
operation of the Property within sixty (60) days and deliver same to the City along with
all books, ledgers, document and other records pertaining thereto.
VI. BANK ACCOUNTS
A. OPERATIONS TRUST ACCOUNT
The Red Brick Center shall deposit all revenues from the Property into a general
property management trust fund with the Red Brick Center as trustee. The trust account
shall be maintained at all times in a national or state bank that is a member of the Federal
Deposit Insurance Corporation. The Red Brick Center shall not commingle any of the
revenues or other income derived form the operations ofthe Property with any funds or
other property of the Red Brick Center. The Red Brick Center shall pay all operation and
management expenses and other costs with respect to the Property from the trust account.
B. TENANT SECURITY DEPOSIT TRUST ACCOUNT
Funds collected by the Red Brick Center as security and/or damage deposits from
tenants shall be deposited in a separate trust account maintained in a national or state
bank that is a member of the Federal Deposit Insurance Corporation. No other funds
shall be deposited or commingled with the rental security or damage deposit funds. Any
interest earned on funds held in the tenant security deposit trust account shall e deposited
in the operations trust account described above. The tenant security deposit trust account
fund shall be utilized for no purpose other than to hold and reimburse tenant security
and/or damage deposits in accordance with C.R.S. Section 38-12-101, et. seQ.
VII. EMPLOYEES
Red Brick Center shall employ, discharge and supervise all persons and
contractors as required for the efficient operation and maintenance of the Property. Such
persons shall not be construed as employees or contractors of the City when employed or
hired by the Red Brick Center. Red Brick Center shall be solely responsible to pay all
wages, fees and costs associated therewith. The Red Brick Center shall exercise
reasonable care in the hiring of all employees and contractors.
VIII. BONDING
All employees or agents of the Red Brick Center that handle or are responsible for
monies, income or other revenue arising from or associated with the operation of the
Property shall be bonded by a fidelity as approved by the City.
IX. INDEMNIFICATION AND INSURANCE
The Red Brick Center agrees to indemnity, defend and hold harmless City, its
employees, officers and agents from and against any and all claims or suits for property
loss or damage and/or personal injury or loss, including death, to any and all persons,
whether real or asserted, arising out of or in connection with the maintenance, leasing,
use or occupancy of the Property. The Red Brick Center shall, likewise, indemnity
City for all injury or damage to the Property or equipment arising from the use,
occupancy or maintenance of same, whether caused by the Red Brick Center, its
employees, agents, or invitees, or other third persons, including tenants. Nothing
herein, shall be construed to impose liability or responsibility upon the Red Brick
Center for the negligent or intentional acts or omissions ofthe City or its employees.
During the full term of this lease, Red Brick Center, at its sole cost and expense,
shall also cause all the Property and improvements on the Property to be kept insured,
without co-insurance clauses, to the full insurable value against the perils of wind storm,
hail, lightning, explosion, fire and like perils. "Full insurance value" means the cost, as
ofthe date ofloss, for replacement of the damaged or destroyed property in a new
condition with materials oflike size, kind and quality. The insurance shall stand as
primary insurance for the Property and be procured from a company authorized to do
business in the State of Colorado and be satisfactory to the City. All policies as required
herein shall contain a waiver of subrogation by the insurer against City.
If, absent negligence or fault on the part of the Red Brick Center, the Property
shall be damaged by fire or other catastrophe so as to render said premises wholly
untenantable, and if such damage is so great that a competent licensed architect in good
standing in Pitkin County, Colorado, as selected by the City within thirty (30) days from
the date ofloss, shall certity in writing to the City and the Red Brick Center that the
Property, with reasonable diligence, cannot be made fit for occupancy within ninety (90)
days from the happening of the occurrence of the damage, then this agreement may
terminate and City may re-enter the Property and take possession. The Red Brick Center
shall subordinate its rights and interests in any insurance proceeds as provided for in any
insurance policy as required by this agreement. If, however, the damage is not such as to
prevent reoccupation and use of the Property within ninety (90) days, then repairs thereto
shall be undertaken by City with all reasonable speed to restore the Property to its former
condition and the agreement shall remain in effect. The Red Brick Center's right to
receive a management fee, during those time periods wherein the Property is unfit for
normal busi~ss activities due to fire or other catastrophe, and/or repair activities
non-renewal, cancellation or material change in a policy by the insurer shall be delivered
to City thirty (30) days in advance of the effective date.
X. USES OF THE PROPERTY
The Property shall be used for art, non-profit and other community uses and
tenants of the Property shall be selected accordingly consistent with those eligibility
criteria as set forth in Exhibit C attached hereto. No use or activity not authorized as
provided for in this agreement shall be permitted on the Property. The Red Brick Center
shall, furthermore, not allow any use or activity which may be prohibited by any
insurance policy/coverage applicable to the Property. Red Brick Center shall also not
permit the erection or display of any sign(s) or other advertising device without first
having secured written permission therefore form the City Manager. Finally, the Red
Brick Center agrees to comply with all laws ordinances, rules and regulations that may
pertain or apply to the Property and its use. In performing under the agreement, Red
Brick Center shall not discriminate against any worker, employee or job applicant, or any
member of the public, because of race, color, creed, religion, ancestry, national origin,
sex, age, marital status, physical handicap, affectional or sexual orientation, family
responsibility or political affiliation, nor otherwise commit an unfair employment
practice.
XI. DEFAULT AND TERMINATION OF AGREEMENT
If the Red Brick Center shall fail to timely comply with any of the terms or
conditions of this agreement or any notice given under it, or shall fail to obtain and
maintain the rental of more than 50% of the leasable space of the Building for a period of
time in excess of ninety (90) days (excluding time periods for repair), or should the Red
Brick Center become insolvent, or shall have or attempt to make an assignment for the
benefit of creditors, or if any of its property shall be attached and such attachment is not
property released, or if execution be issued against it, or if a petition be filed by or against
it to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed
to take charge of its assets, or should the Red Brick Center fail to enforce the terms and
conditions of tenant leases for space in the Building, the City may at any time afterwards
treat such act or omission as a breach of this agreement, enter onto the Property and
assume full operational management thereof to the exclusion of the Red Brick Center.
Any breach, default or failure by the Red Brick Center to perform any of the
duties or obligations assumed by it under this agreement shall be cause for termination of
the agreement by City in the manner set forth in this paragraph. City shall deliver to Red
Brick Center thirty (30) days prior written notice of its intention to terminate this
agreement, including in the notice a reasonable description of the breach, default or
failure. If within that thirty (30) days the Red Brick Center shall fail or refuse to cure
adjust or correct the breach, default or failure to the reasonable satisfaction of City, the
City shall have the right to declare this agreement terminated and all rights, powers and
privileges of the Red Brick Center as provided through the agreement shall cease, and the
Red Brick Center shall immediately vacate the entire Property and shall make no claim of
any kind against City by reason of the termination. The thirty (30) days' prior written
notice shall be conclusively determined to have been delivered to the Red Brick Center
by the posting of same upon the main business entrance to the Property or at the time it is
deposited in the U.S. Mail, certified postage prepaid, addressed to Executive Director,
Red Brick Center for the Arts, , Aspen, Colorado 81611, or such other
address as previously designated in writing by the Red Brick Center.
Any failure by City to so terminate this agreement as herein provided after the
breach, default or failure by Red Brick Center to adhere to the terms of the agreement
shall not be deemed or construed to be a waiver or continuing waiver by City of any
rights to terminate the agreement for any present or subsequent breach, default or failure.
XII. CONDEMNATION
If during the term of this agreement, or any renewal of it, the whole or past of the
Property, or such portion as will make the Property unusable, be condemned by public
authority, including City, for public use, then this agreement shall cease as ofthe date of
the vesting of title in the Property in such condemning authority, or when possession is
given to such authority, whichever event occurs first. The Red Brick center shall not be
entitled to any part of any condemnation award for the value of the unexpired term of this
agreement or for any other estate or interest in the Property, such amount belonging
entirely to City.
XIII. OPTIONAL IMPROVEMENTS AND ALTERATIONS
The Red Brick Center, upon city's written consent, may, at its own expense and
utilizing its own funds, make reasonable and necessary alterations or improvements to the
Property. All alterations, additions and improvements shall be performed in a
workmanlike manner, in accordance with all applicable building and safety codes, and
shall not weaken or impair the structural strength or lessen the value of the premises. All
alterations, additions and improvements made in or to the Property shall be the property
of City and remain and be surrendered with the Property upon termination of this
agreement. The Red Brick Center agrees that prior to any construction or installation of
alterations, additions or improvements, Red Brick Center shall post on the Property, in a
conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S.
Section 38-22-105 on behalf of City and shall notity City of such posting and the exact
location of same. Perfection of a mechanic's lien against the Property as a result of the
Red Brick Center's acts or omissions may be treated by City as a material breach ofthis
agreement.
City also reserves the right, from time to time, at its own expense and by its
officials, employees and contractors, to make such alterations, renovations or repairs in
and about the Property as City deems necessary or desirable. City shall provide
reasonable notice to the Red Brick center in advance of any intent to undertake alterations
or repairs as authorized in this paragraph and all work shall be performed at such times as
mutually agreed to between the parties so as to eliminate or minimize any disruption of
the operation of the Property.
XIV. TERM OF AGREEMENT
The term of this agreement shall commence on January I, 2006, and shall
terminate on August 31, 2015. It is anticipated by the parties that two (2) months before
the expiration date of this agreement the parties shall confer to determine (I) the
appropriateness of renewing this agreement for a new term, (2) amending the agreement,
(3) entering into an entirely new agreement, or (4) terminating the relationship between
the parties. If the parties are unable to decide upon an appropriate course of action at tne
end ofthe term of this agreement, then this agreement shall continue on a month-to-
month basis until a new term and/or agreement has been established. The City shall
maintain the option and unqualified right to terminate the services ofthe Red Brick
Center and this agreement upon the expiration of the terms and/or after any month-to-
month term as provided for hereinabove
XV. N/A
XVI. PARKING MITIGATION
The Red Brick Center agrees to monitor and control the parking on-site based on
the following requirements:
a. No free parking shall be provided on-site on tenants.
b. Tenants shall have the option of leasing two (2) on-site parking spaces,
cost to be determined by Red Brick Center and required to be more than
the daily cost at the parking garage.
c. Red Brick Center shall designate free spaces for qualified carpools.
d. All on-site spaces not leased to tenants or assigned to carpools shall be
signed with the 2-hour limited for Red Brick Center for the Arts visitors.
e. Brick Center shall be responsible for enforcing all of the parking issues
above.
XVIII. MISCELLANEOUS
A. PERSONAL LIABILITY
The City acknowledges and agrees that the individuals comprising the Board of
Trustees for the Red Brick Center shall not be responsible in their personal and individual
capacities for the performance of the terms and conditions as set forth in this agreement
and shall, likewise, not be personally liable for the collection or payment of funds as
provided for, except that nothing herein shall e construed to relieve individual Board
Members from acts or omissions of a willful, malicious or illegal nature. The parties
further agree that his provision shall act as an absolute bar and defense to the
commencement of any action or claim against Board Members in their personal and
individual capacities by the City, except where such action or claim involves verified
allegations of willful, malicious or illegal conduct. Any attempt by the City to assert a
claim against one ore more of the Board Members in their individual or personal
capacities, and which does not involve verified allegations of willful, malicious and/or
illegal conduct, shall cause the City to pay reasonable attomey's fees and costs incurred
by those against whom such a claim is asserted.
B. NOTICES
All notices, certificates or other communications hereunder shall be sufficiently
given and shall be deemed given when delivered or mailed by certified mail, postage
prepaid, addressed as follows:
Executive Director
Red Brick Center for the Arts
Aspen, CO 81611
With a copy to: Legal Counsel
Ifto City:
City of Aspen, Colorado
130 South Galena Street
Aspen, CO 81611
Attention: City Manager
With a copy to:
City Attorney
130 South Galena
Aspen, CO 81611
C. SEVERABILITY
In the event any provision of this agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
D. AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever except by written instrument signed by the City
and the Red Brick Center.
E. EXECUTION IN COUNTERPARTS
This agreement may be executed in two counterparts, each of which shall be an
original and both of which shall constitute but one and the same instrument.
F. APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the laws
of the State of Colorado and any action arising therefrom shall be maintained in the
County or District Court in and for Pitkin County.
G. CAPTIONS
The captions or headings in this agreement are for convenience of reference only
and in no way define, limit or describe the scope or intent of any provision or sections of
this agreement.
H. WAIVER
The failure of the city to take action with respect to any breach of any term,
covenant, or condition herein contained shall not be deemed to be a waiver of such term,
covenant, or condition, or subsequent breach of the same, or any other term, covenant, or
condition.
I. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the City and the Red
Brick Center. No waiver, consent, modification or change ofterms of this agreement
shall bind either party unless in writing signed by both parties, and then such waiver,
consent, modification or change shall be effective only in the specific instance and for the
specific purpose given. There are no understandings, agreements, representations or
warranties, express or implied, not specified herein regarding this agreement or the
Property.
J. ADDITIONAL DOCUMENTS
The parties further agree to execute and deliver such additional documents and
agreements as necessary to carry out the intent of this agreement.
K. NO THIRD PARTY BENEFICIARIES
This agreement is not intended to create any right in or for the public, or any
member of the public, including any subcontractor 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.
L. ATTORNEY'S FEES
If any action at law or in equity shall be brought to recover any payment under
this agreement, or for or on account of any breach of, or to enforce or interpret any of the
covenants, terms, or conditions of this agreement, the prevailing party shall be entitled to
recover from the other party reasonable attorney's fees, the amount of which shall be
fixed by the court and shall be made a part of any judgment or decree rendered.
M. NO REMEDY EXCLUSIVE
No remedy herein conferred upon or reserved to the City is intended to be
exclusive and every such remedy shall be cumulative and in addition to every other
remedy given under this agreement or existing at law or in equity. No delay or omission
hereunder shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised form time to time and as often as
may be deemed expedient.
N. RED BRICK CENTER FOR THE ARTS AS NON-PROFIT
The Red Brick Center hereby represents that it is a not-for-profit organization
incorporated under the laws of the State of Colorado, that it is operated exclusively for
charitable purposes as those terms are defined by Article X, Section 5 of the Colorado
Constitution, and that it has received tax exempt status from the Internal Revenue Service
pursuant to Section 501(c)(3) of the IRS Code. Any change or attempt to change the
non-profit status of the Red Brick Center shall be reported in writing to the City
immediately.
CITY OF ASPEN
By:
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
WITNESS:
9119/2006-G:\newman\red brick\redbrick-management.doc
RED BRICK CENTER FOR THE ARTS
By:
Title:
Date
MEMORANDUM
Vile
TO: Mayor and Council Members
FROM:
Phil Overeynder, Public Works Director ~
Steve Barwick, City Manager
CC:
CC:
John Worcester, City Attorney
DATE:
September 19, 2006
RE:
Low-Income Energy Assistance Act - Compliance by Municipalities
SUMMARY: Council approval of the attached resolution would find that Colorado's Low-Income
residents are experiencing a heavy energy cost burden and that the Colorado Low-Income Energy
Assistance Program (LEAP) needs additional funds to match the level of energy assistance funding
provided to needy families, seniors and disabled residents. This resolution also finds that the City
of Aspen agrees to participate in the Energy Outreach Colorado program by contributing $3,000
annually. The City of Aspen would comply with the recently enacted Low-Income Energy
Assistance Act as a result of this action.
PREVIOUS COUNCIL ACTION: Council approved an appropriation of $150,000 for 2006
energy efficiency projects.
BACKGROUND: The City of Aspen has been working with Energy Outreach Colorado since
1997 and we have funded to cost of creating, printing and distributing donation solicitations on
behalf of Energy Outreach since 2000. In the past, an average of$I,OOO per year has been collected
by Energy Outreach from City of Aspen customers, which was less than the amount,
(approximately $2,800 per year) spent to distribute these notices to city utility customers. The
Colorado Legislature passed the Low-Income Energy Assistance Act to afford a stable revenue
stream to Energy Outreach Colorado, which will provide these services on a statewide basis. The
Act also provides a mechanism for municipalities to develop their own program and to certify
compliance with standards established in the Act.
Energy Outreach Colorado is a nonprofit agency that raises money to help poor Coloradans pay
their utility bills and assist with energy efficiency projects for low-income residents to avoid high
energy bills. In total, the agency plans to contribute as much as $9 million this year for energy
assistance. Of that, $2.15 million went to the Colorado arm of the federal Low Income Energy
Assistance Program (LEAP) and the remainder will go to other emergency assistance organizations
across the state. Energy Outreach Colorado is presently the only statewide organization with
funding available to help residents manage home energy costs.
1
DISCUSSION: The City's current program is not an efficient way of providing energy assistance
to low-income families since more is spent on advertising than is received in donations. Staff's
recommendation to rectify this is to continue with the same expenditure level of approximately
$3,000 annually but to eliminate advertising in favor of a direction donation to the statewide
program. This equates to a little more than $1 per electric customer per year.
CURRENT ISSUES: Legislation passed in 2005 to increase funding for energy assistance in
Colorado goes into effect September 1, with the more than 60 energy utilities operating in the state
launching a variety of new initiatives. The new law requires that utility companies offer programs
to provide their customers the opportunity to donate to energy assistance. All donations go to
Energy Outreach Colorado, a non-profit, independent organization that raises and distributes funds
for energy assistance across the state. The Colorado Public Utilities Commission oversees the Low-
Income Energy Assistance Program.
Colorado is the only state in the country to enact public policy creating an optional energy
assistance program to help income-limited residents pay energy bills. All other energy assistance
programs in the country created by public policy are mandatory and paid for through energy rates.
According to the 2000 US Census, nearly one in five Colorado households lives at or below the
poverty level, earning a maximum of $2,906 per month for a family of four. Energy Outreach and
the Colorado LEAP program help many of these residents and thousands more pay energy bills each
year. During the 2005-06 heating season, the average annual income for households receiving
assistance from Energy Outreach was less than $15,000. More than 59 percent of the households
helped included children; 23 percent lived in households led by a disabled family member; and 11
percent lived in households led by seniors.
Energy Outreach Colorado's programs include energy bill payment assistance for income-limited
households, energy efficiency upgrades for affordable housing and energy efficiency education.
Since it was founded in 1989, the organization has distributed more than $70 million to fund these
programs. Energy Outreach Colorado is an independent, non-profit organization that relies on
private donations, corporate contributions and foundation grants. Measures to comply with the
State Legislation are broad and municipalities are provided a high degree of latitude of formulate
local programs in compliance with the requirements of the Act. Areas such as Aspen that have a
relatively small need have the ability to opt out of the program all together; or, to devise a different
way of raising and distributing funds to customers.
FINANCIAL IMPLICATIONS: The City's current level of expenditure for advertising for
voluntary contributions is approximately $2,800 per year. The proposed $3,000 direct donation to
Energy Outreach is $3,000 per year. The expense would be paid out of existing appropriations for
energy conservation.
ENVIRONMENTAL IMPLICATIONS: In additional to assistance with high energy bills,
adoption of the proposed resolution will provide funding for energy conservation programs directed
at low income residents that otherwise could not pay for upfront costs to improve energy efficiency.
RECOMMENDATION: Staff recommends that Council direct staff to donate $3,000 on an
annual basis to the Energy Outreach Colorado program and forward a copy of the attached
resolution as demonstration of compliance with the Low-Income Energy Assistance Act.
2
ALTERNATIVES: If council were to elect not to sign the attached resolution, the City of Aspen
could simply document that there is so small a population that is eligible for this assistance that it is
not practical to set up a program to deal with it. During the legislative process, Aspen was used as
the "poster child" for this clause and no one would be surprised if we simply choose to opt out. The
second option is for Aspen to self certify that we have a program in place that meets the intent of
the legislation. However, with our small eligible population it really makes no sense for us to set up
a program with effectively a zero eligibility.
PROPOSED MOTION: I move to adopt Resolution # ':fJ
CITY MANAGER COMMENTS:
P(~~j~6~~
'to C.(lIU~p.et~ .vr>ff2 ~ dOUJ-,L.<.-Ul<<LL
~~)~ {lzp-;
3
RESOLUTION # q-cf
(Series of 20~
A RESOLUTION FINDING THAT COLORADO'S LOW-INCOME RESIDENTS ARE
EXPERIENCING A HEAVY ENERGY COST BURDEN; THAT THE COLORADO LOW-INCOME
ENERGY ASSISTANCE PROGRAM (LEAP) NEEDS ADDITIONAL FUNDS TO MATCH THE
LEVEL OF ENERGY ASSISTANCE FUNDING PROVIDED TO NEEDY FAMILIES, SENIORS AND
DISABLED RESIDENTS; AND, THAT THE CITY OF ASPEN AGREES TO PARTICIPATE IN THE
ENERGY OUTREACH COLORADO PROGRAM TO ASSIST WITH THIS NEED.
WHEREAS, the Colorado General Assembly enacted The Low-Income Energy Assistance Act,
Colorado Revised Statutes Title 40, Article 8.7 in May 2005; and
WHEREAS, the City of Aspen wishes to meet the requirements of the Act by adopting and
implementing a procedure pursuant to Colorado Revised Statutes section 40-8.7-106(3);
NOW, THEREFORE, be is resolved that:
1. The City of Aspen wishes to participate in the program by contributing funds to Energy Outreach
Colorado. Aspen will contribute one dollar per year per meter/account to the program.
2. All sums collected pursuant to the procedure approved by this resolution shall be delivered to
Energy Outreach Colorado for distribution. Energy Outreach Colorado may utilize up to 5% of
the funds to pay costs in administering the funds.
3. Distribution of funds collected pursuant to the procedure approved by this resolution shall be
made annually.
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 participation in the LEAP program
and wishes to meet the requirements of the Low-Income Energy Assistance Act, Colorado Revised
Statues Title 40, Article 8.7 enacted in May 2005 and further directs staff to distribute funds to the Energy
Outreach Colorado on an annual basis as set out above.
Dated:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting
held
Kathryn S. Koch, City Clerk
Vlld
THE CITY OF ASPEN
MemorandlUll
8/21/2006
To:
Mayor and City Council
From:
Date:
Paul Menter, Director of Finance and A
Cc:
Steve Barwick, City Manager
John Worcester, City Attorney
Jim Considine, Information Systems Director
Hilary Smith, Pitkin County Manager
Malcolm McMichael, Pitkin County Technology Manager
Re:
Intergovemmental Agreement for Information Systems
.
Summary: Attached please find a proposed Intergovernmental Agreement (IGA)
between the City of Aspen and Pitkin County for Information Systems. This
agreement replaces two old agreements; The 1984 Joint Data Processing Agreement
and the 1976 (yes we still have an agreement in force from 1976!) Joint Facilities
Use Agreement.
Neither of these old agreements reflects the current needs of either the City of
County for information systems. The new agreement, and its attachments, continues
the long existing designation of the City's I.S. department as a joint department of
the City and County. The agreement defines in detail the working environment, the
basis for delivery ofIS services, resource allocation and operational systems to be
used in managing IS services for both the City and County.
Staff request Council review this agreement in advance of its presentation on a
future regular meeting agenda. Without objection, staff plans to recommend that this
item be presented as a consent agenda item for Council consideration.
Backl!:round: Aspen and Pitkin County have a long history of collaborative
relationships with respect to service delivery. As recently as 2002, Aspen and Pitkin
County operated a joint Community Development Department. While this
department was separated through an organizational study, these departments
continue to share office space and resources as appropriate. At one point in the not
too distant past, the City and County shared an Executive Manager as well.
August 21, 2006
The Information Systems department is the most successful example of
collaborative service delivery between the City and County over the past two
decades. Since the mid 1980's, the City and County have saved the taxpayers
hundreds of thousands if not millions on dollars in capital and operational costs
simply by working together. During this time frame the City and County have built a
fiber optic network serving the needs of both organizations, installed a state of the
art internet protocol capable telephone system, developed and implemented a joint
web site, and achieved many other technology related goals.
The proposed agreement will permit this relationship, and all of its benefits, to
continue into the next generation of technology for the City and County
organizations and the communities that both governments serve.
Analvsis: Under this agreement, the IS department remains a City of Aspen
department. Department employees are City of Aspen employees, supervised and
managed under City of Aspen's organizational structure and personnel rules. The
department provides services jointly to the City and County under the terms and
conditions of the proposed intergovernmental agreement and its attachments.
In summary, the elements of the agreement are as follows:
. Joint Information Svstems Department Joint Agreement: The agreement
itself is only the first six pages of the attachment. It defines in policy terms
the management structure of the IS department, and how the agreement, in
combination with its attachments, works to define IS department
customers, services and supported technologies, technology standards,
financial management practices, contract terms and renewal methods,
conflict resolution and amendment processes. The agreement also
addresses all other standard legal elements typically employed in such
services agreements (most of which are not included in the agreements to
be replaced).
. Joint IS Department Manager's Agreement: This agreement, adopted by
reference as an element of the Joint Information systems agreement
described above, will provide the daily "road map" for operation of the
joint IS department. This agreement defines departmental oversight as
being ultimately the responsibility ofthe City and County Managers. For
the City, this responsibility is currently delegated to the Director of
Finance and Administrative Services and Information Systems Director.
This agreement also formally designates the Technology Resource
Committee (TRC) ajoint committee of City and County staff, with the
responsibility of reviewing technology related issues and requests and
recommending action and policy changes to the managers. The managers
agreement defines, though its six attachments:
A. The IS department's organizational structure
2
August 21. 2006
B. IS Department customers and services provided to those
customers.
C. Technologies supported and level of support provided to customers
for those technologies by the IS department.
D. Information Systems Technology Standards for hardware and
software and defining principles of operation and customer support
priorities.
E. Computer Facilities Usage Agreement, defining user
responsibilities. This document is to be signed by all customers of
the IS department.
F. Cost Allocation methodology for equitably sharing the costs of the
Joint IS department.
In combination, these agreements and attachments provide a comprehensive basis
for managing the joint IS resources of the City and County.
Recommendation: This proposal has been reviewed in detail by City and County
staff, and is recommended for adoption by City Council. Subject to Council review,
staff plans to recommend approval of this agreement at an upcoming Council
meeting as a consent agenda item.
Please feel free to contact me if you have any questions or concerns regarding this
Issue.
~o~)-ti5J~ ~.
3
RESOLUTION # W
(Series of 2006)
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN, AND PITKIN COUNTY, COLORADO,
SETTING FORTH THE TERMS AND CONDITIONS REGARDING
INFORMATION SERVICES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, and Pitkin County, Colorado, 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 contract
between the City of Aspen, and Pitkin County, Colorado, regarding Information
Services, 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:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held September 23,2006.
Kathryn S. Koch, City Clerk
DRAFT
City of AspenlPitkin County
Inter-governInentaIJ\greeInent
for the ManageInent of the Joint
Information Systems Department
Joint Agreement No.
THIS AGREEMENT, made by and between the City Council of the City of Aspen,
Colorado, a municipal corporation and home-rule city, created pursuant to Article XX of
the Colorado Constitution ("City"), and the Board of County Commissioners of Pitkin
County, Colorado, a home-rule county created pursuant to Article XIV, Section 16 of the
Colorado Constitution ("County").
Recitals
1. The City and County have purchased computer and telephone systems that are
appropriate to service the needs of both the City and the County.
2. Both the City and County have need for adequate computer and telephone
facilities and services and have determined that the joint funding of system acquisition,
maintenance, and services would be advantageous to both entities.
3. Both the City and County are authorized by Section 29-1-203, Colorado Revised
Statutes to enter into inter-governmental contracts for the purpose of providing any
function, service, or facility lawfully authorized to each of the cooperating governmental
units, provided any such contract receives the approval of the legislative bodies of the
respective governments.
4. The City and County have previously entered into a Joint Use of Facilities
Agreement effective January 19, 1976, and amended by a Joint Data Processing
Agreement, effective March 9,1984.
Agreement
In consideration of the parties' mutual promises, the parties agree as follows:
I. Effect of Agreement. This Agreement replaces the Joint Use of Facilities
Agreement effective January 19, 1976, and the Joint Data Processing Agreement,
effective March 9, 1984.
2. Administrative Structure.
A. The Information Systems ("IS") Department is a joint department of the
City and County as defined in this Agreement.
B. Personnel:
I. An Information Services Director shall be employed by the City who
shall report to and be supervised by the City Manager or hislher designee. The City
Manager shall have the authority to terminate the employment of the Director in
accordance with City personnel policies and procedures, but shall exercise this authority
only after reasonable consultation with the County Manager.
8117/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc I
DRAFT
2. The IS Director and all other personnel employed to work under the
supervision of the Director shall be City Employees, subject to the City's payroll,
benefits, and personnel policies and procedures (including disciplinary procedures).
3. The Director shall work under the supervision of the City Manager or
designee and shall receive work assignments from the City Manager or designee. In
addition to its other purposes, the Manager's Agreement shall serve as a conduit for the
City and County to evaluate and prioritize technology related issues - through the
Technology Review Committee, for implementation through this chain ofreporting
responsibility .
4. Nothing in this agreement shall create, or is intended to create, or shall
be construed to constitute a contract of employment, express or implied, between the IS
Director, and the City or the County."
C. Management of the IS Department is delegated to the City and County
Managers (the Managers). The current management and structure of the IS Department
is set forth in the Joint IS Department Managers Agreement dated _ (the "Managers'
Agreement"). As set forth in the Manager's Agreement, the Managers must approve any
changes to the IS Administrative Structure Agreement. Should any operational changes
include a change in budget, each Manager will follow his/her organization's budget
approval policies and processes.
D. The City of Aspen will administer the IS Department. All IS staffwill be
subject to the administrative and human resource regulations of the City.
E. Partnership intent. While the administrative structure of the IS department
under this agreement is unambiguously designated as a City Department in terms of
personnel and budget, the intent and spirit of the agreement otherwise is to reflect a
partnership relationship in the character of the department's operations.
3. Customers. The customers of the IS Department include all City and County
Departments, as well as outside entities and the public. Current outside entity customers
and public services provided are listed in the Managers' Agreement. Additional entities
and additional public services may be added as agreed to by both Managers, upon such
terms and conditions as the Managers shall establish.
4. Services and Supported Technologies. The IS Department will provide, manage,
and coordinate all of the services necessary to support the technologies for which it is
responsible. The addition of any new service or an increase in the service level of an
existing service will be implemented as agreed to by the Managers. IS will support
technologies that best meet the legal and business requirements of the City and County
within the fmite resources available for these technologies. The current list of approved
services and supported technologies is included in the Managers' Agreement.
Geographic Information System Services (GIS) will be organized as an operating
budget section of the Joint IS Department, and GIS services will be provided to both the
City and County, and all external customers under the terms and conditions of this
agreement, the Managers Agreement, and the attachments to the Manager's Agreement.
8/17/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 2
"
DRAFT
5. Standards and Technologv Usage Policv Administration. IS will establish
standards for all of the technologies supported and services provided, as approved by the
Managers and made part of the Managers' Agreement. The City and County each agree
to establish, review, implement, and enforce technology usage agreements and other
policies related to the implementation, support, and use of the technologies for which the
IS Department is responsible by each entities" employees. The City and County agree to
make such policies consistent between the two organizations to the extent practicable and
necessary for system security. Usage by external customers shall be addressed in the user
agreements for such customers.
6. Financial Management.
A. To the extent permitted by law, the City and County recognize the importance
of adequate funding, within the financial means of both organizations, the costs to
acquire, maintain, and service the technologies supported for the agreed upon Customer
base.
B. The financial rules, regulations, and policies of the City will apply to all
operating budget expenditures, revenues, and year-end savings that are shared by the City
and County under this agreement.
C. For capital expenditures, the financial rules, regulations and policies of the
respective parties will be used for procurement of items that are not shared. If the items
are shared, the fmancial rules, regulations, and policies of the City will apply.
D. Operating Budget Process and Allocation.
I. The IS operating budget will be developed annually through the City
Budget process, with input from the Managers. The County agrees to accept all
of the City policies in regards to the IS base operating budget. The IS Department
will work with the County Finance Department to provide in a timely manner all
materials and information required by the County Budget process. All
supplemental requests for shared expenditures, including but not limited to
increases in staff, will require the approval of both the City and County.
2. The annual operating budget shall include funds necessary to reimburse
the City for the County's proportionate share of overhead expenses for personnel,
finance, administration, legal, and asset management services consistent with fees
charged to other City Departments. "Proportionate share" shall be based upon the
final percentage of annual IS operating expenses incurred on behalf of Pitkin
County.
3. Allocation of Operating Budget between the City and the County. The
allocation of the IS operating budget and all expenditures and revenues shall be
determined by the Managers' Agreement.
E. Capital Replacement.
I. The City and County agree to maintain a multi-year capital replacement
plan for the assets that are required to operate, maintain, and service the shared
Information Systems technologies. IS will maintain a published capital asset
inventory to serve as a basis for cost sharing and asset replacement. The IS
81l7/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 3
DRAFT
capital replacement plan will be approved by the Managers as part of the
Managers' Agreement.
2. The City and County agree to determine cost allocation methodologies
for capital replacement of shared capital assets. Shared capital assets include
equipment and software and associated costs acquired and maintained for the
mutual benefit of the City and the County as agreed by the Managers.
F. Disposition of capital assets. The Managers shall agree upon any shared asset
disposition.
G. Reimbursement. The City and County agree to reimburse any IS expenses
incurred under this Agreement by one party on behalf of the other. The parties agree to
provide quarterly reconciliations, to be approved within 30 days and reimbursed within
30 days after approval. The annual reconciliation payment shall be made within 30 days
of billing by the City.
H. IS Operating Budget Savings. The City and County agree to accumulate IS
operating budget savings according to the City of Aspen policy. These savings will be
carried forward by each entity as IS savings on an annual basis. The IS director will
make recornmendations for the expenditure of these savings for the review and approval
of the Managers.
7. Term and annual review. This Agreement shall continue from year to year unless
terminated by either party. Termination shall require advance notice to allow for one full
fiscal year of continued joint operations. The Agreement shall be reviewed annually be
Managers.
8. Conflict resolution. In the event that the parties cannot resolve conflicts relating to the
management of the IS Department, the Managers shall first attempt to resolve the conflict
between them. If the managers are unable to resolve the conflict(s) internally they shall
agree upon a conflict resolution process managed by an independent party. The costs of
such a resolution process shall be born equally by the City and the County.
9. Amendment process. This Agreement may be amended upon approval by both
the Board of County Commissioners and the City Council.
10. Disposition of Assets upon termination. In the event of the termination of this
Intergovernmental Agreement under paragraph 13 hereof, and the resulting dissolution of
the IS Department, the assets of the Authority shall be distributed as follows:
a. All assets acquired prior to the date of this Agreement shall be allocated
between the City and the County in accordance with their proportionate
contributions to the acquisition of the assets. Financial settlement and allocation
of shared assets to be determined in a fashion as agreed upon by the Managers.
b. All assets acquired by the IS Department after the date of this
Intergovernmental Agreement from funds provided by the parties shall be
distributed to the parties on the basis of the value of said assets at the time of
termination and in the same proportion as the respective contributions of funds by
the parties for acquisition of the asset.
8/17/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 4
DRAFT
c. The City and the County, through the agreement of the Managers, may
agree to dispose of any assets of the IS Department in any other acceptable
manner.
d. If the City and the County cannot agree on the disposition of any assets of
the IS Department within sixty (60) days prior to the effective date of termination,
said assets shall be subject to an independent appraisal and shall be sold at public
auction as soon as practicable with the proceeds allocated to the City and the
County in the same proportion as the total contribution of funds by the respective
parties for acquisition of the asset.
e. With respect to the employees of the IS Department, the Managers shall
agree on a fair method to assure that the County may offer employment to City
employees in the IS Department to assure that the County has the ability to retain
experienced employees if it so desires.
11. Workers' Compensation and Indemnification.
a. Workers' Compensation. The employer of the respective employees shall
provide workers' compensation coverage for their employees. For the purposes
of this Agreement, Pitkin County shall name the City of Aspen as additional
insured on its general liability policy and the City shall name Pitkin County as
additional insured on their general liability policy.
b. Indemnification.
1. The City, within its legal ability to do so under the Constitution of
the State of Colorado and its home rule charter, agrees, to the full extent
permitted by law, to indemnity and save harmless the County, its officers
and employees, from all suits, actions or claims of any character brought
because of or arising out of any injuries or damages received or sustained
by any person, persons, or property on account of the operations of the
City; or on account of or in consequence of any neglect by the City; or
because of any act or omission, neglect, or misconduct of any IS
Department employee engaged in the performance of his/her duties on
behalf of the City or on behalf of the County in accordance with this
Agreement.
2. The County, within its legal ability to do so under the Constitution
of the State of Colorado and its home rule charter, agrees, to the full extent
permitted by law, to indemnity and save harmless the City, its officers and
employees, from all suits, actions or claims of any character brought
because of or arising out of any injuries or damages received or sustained
by any person, persons, or property on account of the operations of the
County; or on account of or in consequence of any neglect by the County;
or because of any act or omission, neglect, or misconduct of any County
employee engaged in the performance of his/her duties on behalf of the
County or on behalf of the City in accordance with this Agreement.
8/17/2006\\saturn Ix _ drive\ TRCIManagers _ Agreement\IS IGA draft 8-16-06.doc 5
DRAFT
3. Neither the City nor the County waive the defenses or limitations
on damages provided for in and pursuant to the Colorado Governmental
Immunity Act (Sec. 24-10-101, et seq., C.R.S.), the Colorado Constitution,
their respective home rule charters or under the common law or the laws
of the United States or State of Colorado.
4. It is expressly acknowledged and understood by the parties hereto
that nothing contained in this Agreement shall result in, or be construed as
establishing an employment relationship not intended by the express terms
of this Agreement. Personnel identified as County employees shall be for
all purposes County employees. Personnel identified as City employees
shall be for all purposes City employees. It is anticipated that City and
County employees will be assigned to work on projects or assignments for
either governmental entity in accordance with this Agreement. Nothing
contained in this Agreement shall be construed to make such sharing
arrangements as evidence of an employee/employer relationship. No
agent, employee, or servant of one party shall be, or construed to be, the
employee of the other party. Each party to this Agreement shall be solely
and entirely responsible for its acts and for the acts of its employees
during the performance of this Agreement.
Approved by Board of County Commissioners Resolution _
Approved by Aspen City Council Resolution
Signature provisions, attest
8/17/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 6
DRAFT - Manager's Agreement
CITY OF ASPENIPITKIN COUNTY JOINT IS DEPARTMENT
MANAGERS AGREEMENT
I. Agreement
I) The Managers Agreement is established in accordance with the terms of the
Intergovernmental Agreement ("IGA") between the City of Aspen and Pitkin County for
joint Information Systems ("IS ") services. The IGA and Managers Agreement are
agreements executed in accordance with and intend to comply with the rules, regulations
and laws of the City of Aspen and Pitkin County as authorized by the Aspen City Council
("Council") and Pitkin County Board of County Commissioners ("BOCC").
2) The Managers Agreement is intended to implement the IGA and establish the parameters
for operating the Joint IS Department and to describe the processes for amending those
practices.
3) The Managers Agreement employs attachments to describe the current agreement in each
operational area; and addresses the methods used to amend the attachments in the future.
This is done so that future amendments to a particular policy area can be implemented
without necessitating renewal of the entire agreement. The current agreement under each
operational area is documented in the Attachments to this agreement in the following list.
4) The operational areas addressed are:
a. Organization Chart [Attachment A]
b. Customers [Attachment B]
c. Services [Attachment C]
d. Standards [Attachment D]
e. Computer Usage Agreement [Attachment E]
f. Budget & Cost Allocation [Attachment F]
II. Administrative Structure
1. Oversight
a. City Manager and County Manager ("Executive Managers")
The City and County Manager will meet with representatives ofIS and the TRC as
needed to discuss IS issues and approve any changes or negotiate any disagreements
subject to their review. Changes subject to an Executive Manager review include items
listed in the operational areas below.
b. Technology Resource Committee ("TRC")
i. Purpose
The purpose of the TRC is to establish a group of technology providers, technology
users, and management representatives to serve as an advisory resource for
fostering communication, coordination, planning, and oversight in the technology
realm.
n. Membership
Membership will target a broad representative group of major user communities
with an additional goal of approximately balanced representation between the City
and County.
8/17/2006 \\saturnlx_drive\TRC\Managers_Agreement\IS Mgr Agreement draft 8-16- I
06.doc
DRAFT - Manager's Agreement
1. Permanent Members (3). One representative of each City and County
Finance/AdministrationlManagement (or designee), plus the Information
Systems Director.
2. Non-Voting Facilitator.
3. Appointed Members. City and County Managers may appoint members at their
discretion, if mutually agreed upon.
4. Recruited Members. Members may be recruited by the TRC itself in order to
maintain the complement or diversity of representation on the TRC.
5. Information Systems Staff. The IS Director may select a staff member to serve
as an additional member.
6. The TRC currently set its own maximum membership at nine members (Plus
facilitator). The group may change this in the future. [See current TRC
Membership in Attachment A: Organization Chart].
7. TRC recommendations should allow avenues for providing minority or
dissenting views to the majority decisions, as well as an "appeal" path to the
Executive Managers.
iii. Responsibilities. The TRC shall:
1. Review all technology related budget requests, agreements, policies and
standards. Make recommendations to the requestor and the Executive
Managers.
2. Provide leadership while exploring technology options, opportunities, and
emerging trends. Make recommendations to the organizations and the
Executive Managers.
3. Serve the organization as a resource. Assist with technology projects during the
following project stages:
i. Planning. Customers can come before the TRC to present technology
ideas. They will be given guidance on the steps they will need to take to
turn their ideas into workable projects.
11. Desigr1lProcurement. TRC provides guidance on working through design
and procurement issues. TRC provides expertise to assist.
111. Implementation/follow-up. During implementation, a IRe member(s)
might attend implementation meetings or otherwise be involved in the
implementation depending on the scope and nature of the project.
iv. Attendance & Alternates
Regular attendance is expected of all members. Members who cannot attend are
expected to send an alternate representative, adequately briefed in advance and fully
empowered to act in the member's absence.
c. Information Systems Department ("IS")
The IS Department is a joint City & County department, administered by the City and
overseen at the operational & budget level by the TRC and Executive Managers. The
main areas of IS responsibilities are: implement technologies, administer systems,
maintain systems and administer the IS Department.
i. Administration
8/17/2006 \\saturn\x _ drive\TRC\Managers _ AgreementlIS Mgr Agreement draft 8-16- 2
06.doc
DRAFT - Manager's Agreement
The City of Aspen will administer the Information Systems Department. All IS
Staff will be subject to the administrative and human resources regulations of the
City.
ii. Mission
The mission of the Information System Department is to provide effective and
efficient services for the utilization of technology in order to assist the City of
Aspen and Pitkin County in achieving their stated goals and objectives.
iii. Goals
Organizational Goals. The IS department will endeavor to implement and support
technology consistent with the goals and objectives established by the City and/or
the County.
IS Departmental Goals. The IS Department will actively participate in the City's
Outcome Measure Program. Any goals or outcome measures established at a
departmental level will include both the City and the County, subject to the
agreement of the Executive Managers.
III. Operational Areas
1) IS Department and TRC Organization Chart [Attachment A]
i IS will maintain an organizational chart and submit it annually during the budget
process or when modifications are proposed by the IS Director. The TRC structure
will be included on this document as well, subject to the change processes described
below.
11 Changes to Organization Chart. Changes to the IS structure in terms of substantive
modifications to the organization chart or job duties, material impacts on the types or
levels of service, or changes to the staffmg complement will be reviewed by the TRC
and then approved by the Executive Managers prior to adoption. Material changes to
service or staffing complement may also be subject to approval by the Councilor
BOCC, as determined at the Executive Manager's discretion.
2) Customers [Attachment B]
i. Customer List. The Information Systems Department shall provide services to a
defmed set of internal, related, and third party customers; the list of current approved
customers is attached to this agreement as Attachment B: Approved Customer List
ii. Customer Eligibility
1. City/County Departments. All City and County departments and employees shall
be considered eligible Customers.
2. Other Entities. Other entities may be considered Customers based upon the
recornmendation of the Information Systems Director pertaining to the availability
of resources and the ability to deliver requested services. Other entities may
include other government agencies and third-party tenants.
3. Consultants/Contractors. Individuals or groups working with existing Customers
may be considered Customers subject to the prior approval of the Information
8/17/2006 \ \saturn \x _ drive\ TRCIManagers _ Agreement\IS Mgr Agreement draft 8-16- 3
06.doc
DRAFT - Manager's Agreement
Systems Director. The Information Systems Director shall determine the impact of
any specific request upon Information Systems resources.
4. Public. The Information Systems Department may provide services directly to the
Public. The Information Systems Director shall determine the impact of any
specific request upon Information Systems resources.
iii. Criteria for Consideration. Criteria for consideration inc~des resources available,
impact on resources, levels of service, indirect and unallocated costs, unsupported
technologies required, compliance with standards, impact on system security, and
alignment with the goals and mission of the City and County.
IV. Changes to the Customer List. The TRC will review, advise and recommend changes
to the approved customer list and criteria for customer consideration to the Executive
Managers for approval.
3. IS Services [Attachment C]
i. Services. Services refer to the types of activities performed by and/or supported by the
IS department on the data/voice networks and other technological platforms over which
the IS Department has responsibility or participation. The services for which
Information Systems Department is currently responsible are described in Attachment
C: Information Systems Services.
ii. Unsupported Technologies, Tasks and Outsourced Support. The Standards
document, Attachment D and the Computer Facilities Usage Agreement, Attachment E,
describe the permitted activities and the limitations of what activities that customers are
not permitted to do on the joint network, and the devices customers are permitted to
connect to the network. Non-permitted activities combined with unsupported
technologies and services from this section represent the realm of activities outside of
IS responsibility. Customers wishing to pursue unsupported items must petition the IS
Director to either have them added to the Supported Services list, or negotiate an
Approved Outsourced Activity (activities supported via a third-party vendor).
Unsupported or unauthorized activities will not be permitted on the joint network.
Unresolved violations may be raised with the Executive Managers to be addressed
through appropriate disciplinary action.
iii. Service Level Agreements. The IS Department may negotiate service level
agreements with customers which describe the type and extent of services performed
beyond the base service levels.
iv. Customer Satisfaction. The satisfaction levels with the current services will be
determined through a separate City and County survey conducted on an annual basis.
v. Service Level Outcome Measures. The IS Department will measure specific key
services areas through the use of Outcome Measures under the City of Aspen Outcome
Measure Program.
8/17/2006 \\saturn\x _ drive\TRC\Managers _ Agreement\IS Mgr Agreement draft 8-16- 4
06.doc
DRAFT - Manager's Agreement
VI. Changes to the Services List. The TRC will review, advise, and recommend to the
Executive Managers for approval changes to the services list (including new services
and approved outsourced support).
4 IS Supported Technology & Standards [Attachment D]
i Standards. Standards refer to the allowable & prohibited user activities on the
networks; the approved devices for connecting to the networks; and the types of
software applications that are standard and/or allowed on the networks; as well as the
protocols for customer service response. The current standards for the technologies
supported by the Information Systems Department are described in Attachment D -
Technology Standards and Attachment E, the Computer Facilities Usage Agreement.
11 Unauthorized Activities and Software. The Services List, Attachment C, defmes the
types of services performed and that are supported by IS. The unsupported
technologies and services combined with unauthorized activities from this section
represent the realm of activities outside ofIS responsibility. Customers wishing to
pursue unauthorized items must petition the IS Director to either have them modified in
the Standards, or otherwise negotiate an exception to the Standards. Performing
unauthorized activities or installing prohibited software on the joint network is
prohibited. Umesolved violations may be raised with the Executive Managers to be
addressed through appropriate disciplinary and/or other measures.
iii Network Security Paramount. The IS department may take immediate unilateral
action in terms ofterminating connections, disabling accounts and other actions as
deemed necessary in order to implement security response to any immediate security
threats to the network. The IS Department will follow up such actions with
communications to the user and organization as appropriate to the nature of the threat
and actions taken.
IV Changes to the Standards. Changes to the standards (including approved exceptions)
will be reviewed by the TRC and recommended to the Executive Managers for
approval prior to adoption.
5) Financial Management, Budget, and Cost Allocation [Attachment F]
i. Cost Allocation. Many of the Financial Management topics are articulated in the IGA.
The Managers Agreement addresses the specific basis for allocating actual joint costs
of operations and capital projects/replacement as well as revenues attributable to
technology operations. .
11. Records. IS will maintain adequate records to allow for tracking and allocating costs
to entities and prqjects using the allocation methods described below.
111. Method of cost allocation. Operating and Capital costs follow the same general rules
for allocation. Costs will be segregated into categories and each category allocated
upon pre-determined methods based on generally accepted cost-allocation
methodologies. Categories include specifically identifiable activities (such as
purchases of PCs and application servers) and broader general aspects of operation
(such as cost of maintaining the network). Methods include specific identification and
8117/2006 \\saturn\x_drive\TRCIManagers_Agreement\IS Mgr Agreement draft 8-16- 5
06.doc
DRAFT - Manager's Agreement
allocation based on measurements of usage (such as the relative numbers ofPCs
connected to the network). The current bases and measurements are described in
Attachment F: ExpenditurelRevenue Sharing.
IV. Methods versus Measurements. The methods used to allocate costs are negotiated
policies and subject to formal processes described below. The measurements are the
periodic results of performing the agreed upon calculations.
v. Reporting. The IS department will report to the TRC and Finance Directors at least
once per year the actual results of the measurements used in allocating costs. This will
be used for the formal joint cost accounting settlement. If costs are to be allocated
more frequently than annually, actual or estimated measurements may be used;
estimates will be adjusted to actual measurements at the end of the year. The
measurements to be used for estimated allocation of the budget or project evaluation
may be based on prior actual measurements or the reasonable judgment of the IS
Director.
VI. Changes in the categories and methods for allocation. Changes to the categories and
methods used for cost allocation will be reviewed by the TRC and recommended to the
Executive Managers for approval prior to adoption.
vii. Capital Replacement Plans. The IS Department will maintain at least a five year
replacement schedule for technology capital items, capital replacement, expected
projects, and ongoing associated costs such as maintenance agreements. These
schedules are suQject to the existing budget review and approval processes. The
replacement schedule will be reviewed by the TRC and recornmended to the Executive
Managers for approval.
V111. IS Operating Budget Savings. The TRC will review IS Operating Budget Savings
and recommend expenditures of these savings to the Executive Managers for approval.
8/17/2006 \\saturn\x_drive\TRC\Managers_Agreement\IS Mgr Agreement draft 8-16- 6
06.doc
Attachment A
Information Systems
Executive Managers
County City
Hilary Smith Steve Barwick
Technology Resource Committee
Facilitator: Debbie Quinn
County City
Malcolm McMichael; Finance Paul Menter; Finance
Renee Nofziger; Public W orkslRemote Offices Lee Ledesma; Utilities
Ann Marie Prince; ComDev Richard Pryor; APD, Public Safety
Mark Gamrat; Communications, Public Safety
Information Systems: Jim Considine, Fred Dick
Paul Menter
"iCityFi~~;'f~1
Admin.8erVices Dire..
I
'c. 'Yh.. ...'
;.I~ .i'
'i
I
I I I
Ruth Kinney '...' J)'~pi~l<" y l\fliry Lackner
. N~t.Applici1lion." " Ne~9rkManage~ '8IS,,;. ,'"
Specialist II .' J\lIanager.... .
I
I I
Whelan Smith John Sllbieralsld ]Jridgett~.~eUy
Cusfumer Support "NetWork i- GIS
. Coordinator Coordinator Specialist
Ricb Glllser Aaron Hoover ..... Tylerpll,D.1buth
Support ~ NetWork I- - ..:'(iIS ..
Specialist Administrator Specialist
Jalnes Corcoran Donna Jensen
support - Pubsis)'letWork -
Specialist Administrator
Gail Wheeler -
Pubsis Support
Specialist ..
NanCYI'~~e
'Net Application -
Specialist 1
81l7/2006\\saturn\x _ drive\ TRC\Managers _ Agreement\A TT ACH _A_IS _ orgchart _1-5-06.doc
OJ
C
.,
E
.r::;
o
III
~
1-
-
~
<ll
E
o
.....
UJ
:J
()
I
UJ
E
<ll
.....
UJ
>.
Cf)
c:::
o
:;::;
III
E
....
.E
c:::
~
.,
en
:::>
m
"
~
.,
><
w
in
.,
.,
u.
~~
" "
C
.,
E
'!::
~
.,
o
m
"
~
.!J
"
in
.,
.,
u.
~]
"0"0
:J :J
.0 .0
~~
:J :J
~ e
.r::; .r::;
- -
"0 "0
., .,
10m
o 0
.Q.Q
16'cu
~ ~
III III
.r::; .r::;
en en
"
o
II
~
o
en
.,
o
.,
o
.~
.,
00
en en
en en
., .,
00
00
III III
., .,
00
'2: '2:
., .,
00 en
"5:;
u.u.
~
.,
E
o
1il
:J
o
Ul
.ell:
" ..
.. E
Et:
t: III
..a.
a."
..0
0>-
~c
.- :J
00
o
HdJ.
0..94).... ........~
]j ~ ~ :g.<: ~1:g1 g
o 0 0 !!! _ <, !!! =
B 5,- ,...It)o,,..,2
... :c m ~ 0 (ijl G
~"'C::J ..I::t;R-o_..c Q)
l::CUc.u ......oL..
mUJ(l)"C tR--cO
J::ctI~Q) QJN
u.o_x xEA-
alP i.i: u::
,,~
~~
"0 "0
:J :JIg -
"'C.c..ccu I::
.!J ~I~ ~ 'ij'
~ :J :J, '!1 ....~!ii, ~
g e ell..l..C: '"'ik::
mJ::J::Q)-~Q)ca
- - mil) 0 p.c.
....."'C"'C ....IN 0.... 0
~~~~......o~o
o~~o"'~o"
00"0 EA-"
(J)==Q) Q)
am m >< ><
Q)WU: i.i:
~ ~
III ..
.r::; .r::;
en en
en
en
.,
.!J "
.c "'C u; "(i.j
~ 5llll .0 !!l" :J
:> QJ (/) ~ 0 >.lID
, OJ;: g. ~ ~19 5
Ig.o_Een'''~z
.- ., e en 0,,,
8:;:5-a~'.9~
ctIIO""'O:Joc:'
~I.~I~ ~ .~ ~ ~ ~
> =1:e'"'C E cu m U
:wmOc:o"C.-Q)
gl- m ~ (j) (J) Qj a::
....I:E; .... (f) ::J - <( :n
.,=., 0" .:!<
E =:; ffi I~
" E
o
o
.!:!
:;;
:J
D..
+
~
:J
o
c:c: =E
,2,2 LO
cc rom ~
2~mgg~+
mm~==C:J::u)
oOficumm-"'ffi
.Q.QxQ,)Wcna"i::
mm~C:CB Q)
.2:'.2:'g,g,g,~.€1ii
I:: l:: 0 a.. a.. 1 2:' 5 E
:J:J _1_ 0'-
88U}'E'"E-IS
:J:J en
00 -l!:
00 ~
-
It)
N
...
~~~~~~
c c c: c: c: c
~-
en
~
..
E
B
~ ~ ~ ~
U)(/)UEEE
c]!"BBB
m 0 C en CD en
55ffi~::J::J::l
-,,0.000
~._.,.,., .,
2:' LL... C c: c
:oc:""ooo
:=mt::..c..c..c:
:J"'C~ a. a. a.
..cWoQ)Q)Q)
~QjQjQj
.,1-1-1-
Z
:;
u.
en
'!::
" <(
cng == Q)
IDeo - :5
+= ..c m c: Q) ....
.- 0 ., 0 0
_....1 :I:'- c:.....
J:j1c.._1~~5~ lii
'ii<(lJ..c:!:::..I::C
,,10 c:: :J "0 :; .,
; _ E ~I 0 U
_ ~ E ul>- ~
)(:J 0 .g
Wo 0 OJ
o "0
.,
c::
en en
mm
"E: 'i::
22
III III
E E
+ +
~ ~
:J :J
o 0
.r::; .r::;
- -
It) It)
COCO
......
~.!!!~
" " "
en
'E
o
o
., en en
a::"E"E
., 0 0
.2 ~ ~
oc::c::
Q;:Q)Q)
ClOO
,,--
~~~
"
~
.,
c
~_.- - f-
tl
O'L:
Oo..:m
c..enO
.....~~
m E .-
en;:u.
III 0 "
OJ".,
en~
<(
o 0 000 0
"C"C"C"C"C"C
t:: t: c: t: t: t::
QJ Q,) Q) Q) Q,) Q,)
> > > > > >
o 0 0 0 0 0
......................... .....
CO
o
o
~
~
-
co
I ~ 8 8! 81 ~ 8
'- '- '- '- '- '-
('Qi ('Qi ('Qi ('Qi ('Qi ('Qi
..c::..c::..c::..c::..c:: ..c::
o 0 0 0 0 0
o 0 0 0 0 0
t: t: c: t: c: c:
1]1]]] ~I]
"C"C"C"C"C"C
:J ::J ::J:J:J :J
..c..c..c..c..c..c
I~I~~-a ~~-gl~
:J :J :J g :J :J
e e e e e e
..c::..c::..c::..c::..c:: ..c::
......................... .....
"C "C "C "C "C "C
Q,) Q) Q) Q) Q,) Q,)
mmmmmm
000000
..Q..Q.Q.Q.Q..Q
1ii1ii1U1Um1U
~ ~ ~ ~ ~ ~
('Qi m ('Qi ('Qi m m
..c::..c::..c::..c::..c:: ..c::
en en en en en en
~
-
.,
.,
.r::;
en
en
x
cO
o
,
'"
,
~
el
.,
E
o
1il
:J
o
I
OJ
1
J:
o
~
~
"
.,
E
.,
e
Cl
<(I
e
.,
Cl
III
"
III
:;
G
c::
t::
.,
>
'C
"0
J$I
"
~
:J
1ii
en
:::::
-
en en en en en en
c: c c c c: c:
o 0 0 0 0 0
iiiiiiiimm
.2 .2 .2 .2 ~ ~
c..c..c..c..c..c..
a. a. a. a. c.c.
('Qi m m m ('Qi ('Qi
a.c.c.c.a.a.
:JI:J :J :J :J :J
eeeeee
C)C)C)C)C)C)
-c-c~~-c-c
~ ~ ~ ~ ~ ~
.9.9.9.9.9.9
en en en en en en
Cl)len en en CI) en
Q)"Q,) Q) Q) Q,) Q)
000000
o 0 0 0 () ()
<(<(<(<(<(<(
l!!
o U)
"OenenE
"EE.!J en
CD Q,) Q) en C)O
~ ~ ~~~ u..~
oenen,,'!::'!:::J
.- ., III III 0 :;
1U~-Ec..e.
() .... en ._
._~Ill;: <(
-........wc.
IS: en
c(
'''o\:
ql1, 0. 10: 10: 0. 0. Iff; Iii: Iff; 0. 1~1h. 0.16- 0.10: 0. 0.
Q W W W W W W W ~if W W W W W W
Y({q " " " " " " " " " " " " " " " " "
t "S Ii: >- >- >- Ii: Ii: Ii: Ii: >- ~!~ ~ >- Ii: >- >- Ii:
0. 0. 0. 0. 0. 0. 0. 0.
0 W W W W W W W W W W,W W W W W W W
~too " " " " " " " " " " " " " " " " "
~ Ii: Ii: ~ >- >- Ii: Ii: Ii: >- Ii: Ii: >- Ii: Ii: >- Ii:
Q 0. 0. 0. 0. 0.
W W W W W W W W W W W W W W W
....." " " " " " " " " " " " " " " "
~ >- >- ~ >- Ii: >- >- >- >- b:lb: >- Ii: >- Ii: Ii:
0. 0. 0. 0. 0. 0. 0. 0. 0.
W W W W W W W W W'W W W W W W
~', " " " " " " " " " " " " " " "
~ >- >- ~ Ii: Ii' ~ >- >- ~ Ii: ~ "S >- - Ii: ~ ~
,~ :r 0. 0. 0. 0. 0. "
W W W W W W W 0 W 0 W
o\: " " " " " " " " "
~"^ ~ ~ Ii: ~ ~' ~ ~ ~ ~ >- "S "S "S ~ "S ~ >- ....-
:r 0. 0. 0.
W W 0 0 0 0 W W
;:)o-o9"ci ----- " " " "
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
-9,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
,~ .
~fle"
'~<1<1y 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ >- Ii:,~ ~ ~ ~ ~ ~ >-
0. 0.
~ W W W
" " "
'0-11 ~ >- >- - - ~Ii: "S ~ ~ ~ ~ ~ ~ "S Ii: >- >-
0. 0. " " 0. 0.
W W 0 0 W 0 0 W W W
" " " " " "
'" f- - - '" '"
(OJ; r~ ~ "S "S ~ "S "S~ "S - ~ - "S "S "S ~
" ". 0. 0.
"00 0 0 0 0 0 0 0 0 0 0 W W
" "
"~I>"", %"8 ~ "S ~ ~ ~ "S ~ "S "S - "S "S "S ~ "S ~ ~ ~
"
O-V,,",,, _ 0 0 0 0 0 0 0 0 0
~ "S ~ ~ ~ - ~ "S "S "S "S "S "S ~ "S ~ ~ ~
''1 "
''''''<toa. ""90 0 0 0 0 0 0 0 0 0
~ "S ~ ~ ~ "S ~"S "S "S "S "S "S ~ "S ~ ~ ~
~ 'It 0 0 0 0 0 0 0 0 0
"01)" <10.." ~ ~ ~ ~ ~.~ ~ ~.~ ~ ~ ~ ~ ~ ~ ~ ~
. "'0, "'q "S
11p..",J 0
<Qq."" ~O ~ ~ ~ "S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
0
'" '(fbi/I: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
<ll & .."
t.l '~;:),Jt.
.~ .0-1 ~ - ~ ~ ~ ~ ~ ~ ~ ~ I~ ~ ~ ~ ~ ~ ~ ~
"
.-("0 0
<ll ."" 9o&/;
en "" 'ol ~ "S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "S ~ ~ ~
g 700 0 0
'"" '1"'''' -
o'y <1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~:~ ~ ~
'0 d'"", %", ...-
c: . ".1ft 'q ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,~ ~
..c: "
t.l ''.://;:) 0
<ll "'''' '<to,~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I- "
Y" 0
E ~ -
<ll ~ "S ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~
- 0
~ ~
. l!J Q.If.:! "S "S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ :c
en "'*~o 0 0 '..
c: ""'<\, - "
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,~ ~i~ 0
0 ''''' " " ,g "-
:;::: "'<1~ 0 0 -L "'
"
ell . 'V ~ O:::J,!
E *'0 c-c-.c
~ "i~/"" ""'lV "5"5 ~"S "S ~ ~ ~ ~ ~ ,~ ~ ~ '51'5 ~ ~ ~ o l'l " l'l
.E "- ~-
~ o 0 0 0 o 0 0 lC:i 0.
c: -- - n >- o:::~cug.
~~ ~"S ~ ~ ~ ~ ~ "S ~ ~ 0. Z en '5 io
0"''''''0 0 0 W W
" Cl -=OOc
'''''9. ""'<\, ~~ ~"S ~ ~ ~ ~ ~ ~ ~ >-
.1 "S 0. W
*'. 0 0 W ...J
4~ '(h"g. e-- -- "
~-li:
7a 'if '5'5 '5 '5 ~~ ~ ~ ~ "S ~ I ~ ~ " W
o 0 o 0 0 0"
~,yV - -- -- -- -- -- - f-
So(
- - I --
------. ---- --- - - -- - - f-
g "
"
~ . 0
" '" .
g 0 '" "
~ 'rl " . , It ~
.rl " " . .
. " . . . . . "0
W . '" . U U U ~ . . " " . ,
U . '" :J -rl " ~ " " . 0 " w
:> i 0 .., ~ '" 0 . . '" "0 "
.., . '" " " " > > . ~ " . " ..,
0 -rl "' '" -rl .rl " "0 . r
ffi H " " 0 < 0 " . " > ... " " . > U "
l/J .c ! ... GI ~, " 0 . 0 " -rl l-< .~
U " " " ~ . "' " 0 . . >
. . . . wi ,,,I .c '" " " . .
,. " " ~ ~I ;1 " " " . . . . " u
" . .., ! . . f -rl -rl -rl . " "' .
.., . " .., rl -rl . . . . .., "rll 'a ~
, . -rl . " ~I ~ '" " " " .g ~I 1l <
. . 50 " -rl g . <'ll .!<j " " " . .rl .
" . . . " " U' -rl -rl -rl 0 '" 0 13 "
0 . u " " . . .' . . . " . 0 " .
,. u < " H ,. "' " < ~ ~ '" ~ ~ ~ ,. ~ U < ~
-
;;
"
.<:
en
"'
X
cO
o
'*
~I
w
t.l
~
W
"'I
en
;:
J:
~
~
"E
"
E
"
II!
Cl
<I
I!'
"
Cl
..
"
..
:;!:
t.l
0::
t::
"
>
~I
E
"
1ii
~
<D
o
o
~
-
.,
Information Systems Department
City of Aspen and Pitkin County
Technolo2V Standards
\\saturnIJulrive\TRCIManagers _ AgreementlA TTACH _ D _Technology _standards. doc
Revised 6/15/2004
Attachment D
Table of Contents
I. INTRODUCTION .................................................................................................................................1.
II. INFORMATION SYSTEMS OVERVIEW....................................................................................l
A. PRINCIPLES OF OPERATION ...........................................................................................................1
B. SUPPORT LEVELS............................................................................................................................1
C. HARDWARE AND SOFIW ARE STANDARDS .....................................................................................2
D. CUSTOMER SUPPORT PRIORITIES..................................................................................................3
\\saturn\x _ drive\TRCIManagers _ Agreemenl\A TT ACH _ D _Technology _standards.doc
Revised 6/15/2004
Information Systems - Technology Standards
I. Introduction
This document describes the set of standards that serve as the basis for acquiring
implementing, and supporting technology in the City of Aspen and Pitkin County.
II. Information Systems Overview
A. Principles of Operation
The following general principles are intended to serve as guidelines for the creation
and implementation of Information Systems' standards.
. Finite Resources - The City of Aspen and Pitkin County shall provide finite resources to
address computer and phone technology needs. Finite resources necessitate a planning
approach, appropriate allocation of resources, prioritization of tasks, and the blending of
departmental and organizational goals.
. Customer Service Orientation - The Information Systems Department shall collaborate
with its customers to determine the need for, recommend, implement, and provide on-
going support for computer and phone technology.
. Open TechnololN - The IS Department shall establish standards for and support "open"
computer technologies that permit the broadest range of customer options within the
context of finite resources and the desire to collaborate and share those resources.
. Customer Independence - The IS Department shall encourage customer independence
through the defInition of responsibilities, establishment of organizational standards,
training, and collaboration.
B. Support Levels
There are two fundamental levels of support; full and partial
Full Support
For any technologies categorized as "fully supported", IS will provide a comprehensive range
of support services including consultation, assessment, acquisition, installation, administration,
backup, maintenance, operation, troubleshooting, training, and vendor liaison. (see document "IS
Services" for full descriptions)
Partial Support
Any software or hardware that is compatible with our network technologies and is used for
legitimate City/County business purposes is eligible for "partial support". IS will provide a subset of
the support services listed under full support. At a minimum, IS will provide consultation and vendor
liaison services. Any other specific services will depend upon staff knowledge and available resources
and will be negotiated with the user(s) through a service level agreement. (see document "IS Service
Information Systems - Technology Standards
Level Agreement")
C. Hardware and Software Standards
Information Systems will establish standards for computer and phone systems
utilized by the City and County.
1. Network Infrastructure
CateaoY"u Product Manufacturer
Network Cabling Categorv5 - Voice and Data various
Fiberootic Cablinl! Camous and Backbone various
Data Switches- WorklITouo 3524,3508 Cisco
Data Switches- Core 6509 Cisco
Voice Switches- Workgroup 460-24-PWR Bav (Nortel)
Voice Switches- Core Ootion II, Succession Branch Nortel
Wan Router - V oicelData various Cisco
Remote Broadband Access WR54GI Truemobile 2300 LinksyslDell
Router
2. Network Operations
2
Information Systems - Technology Standards
3. Client Operations
Catef!Orv Product Manufacturer
PC Desktoo E-Series Gatewav
PC Laptop various Dell/Gateway
PC Operating Svstem Windows XP Microsoft
Virus Protection Sophos 2.28 Soohos
Email/Calendar Outlook wlExchange Microsoft
Office Automation Office 2003 Microsoft
Internet Access Internet Exolorer 6.0 Microsoft
W orkgrouo Printer various HP
Network Copier various Ricoh
Workgroup Scanner various Fujitsu
Phone Handset - basic tdm M3903 Nortel
Phone Handset - enhanced tdm M3904 Nortel
Phone Handset - basic ip 12002 Nortel
Phone Handset - enlianced iD' 12004 Nortel
Analog Phone Conversion Mediatrix 1104,1108,1124 Mediatrix
Smartphone Treo 700 Palm
D. Customer Support Priorities
IS will assign all requests for services a specific priority and will process requests as
closely as possible in priority order
. Urgent priority will be assigrJed to incidents impacting the normal functioning of the
network and its supported applications.
. High priority will be assigned to incidents impacting the normal functioning of an existing
customer for which there is no alternative or workaround.
. Medium priority will be assigned to system implementations, system updates, and fee for
service tasks.
. Low priority will be assigned to incidents for which there is a reasonable workaround or
alternative and requests for help with non-standard technologies.
3
Information Systems - Technology Standards
4
Attachment E
Computer Facilities Usaee Aereement
Information Systems Department
City of Aspen and Pitkin County
M:\city-cnty\IS Fonns
Revised 9/2003
Top Ten Things Information Systems (IS) would like you to know from the
Computer Facilities Usage Agreement:
I. The Information Systems Department has established a specific set of principles
that are intended to serve as guidelines for Information System's policies and
services (see page I) as well as, a broad range of technology standards to address
User and Department needs (see page 3).
2. Although we cannot fully support all technologies, IS wants to consult with you
regarding any or all of your technology needs in order to help you make fully
informed decisions (see page 2).
3. IS will assign all requests for services a specific priority and will process requests
in priority order (see page 4).
4. Any network workstation or PC, that represents an increase in a Department's
currently supported complement, will be subject to one-time implementation
charges and an annual support fee (see page 4).
5. All usage of computer hardware, operating systems, application software, and
information services must be consistent with the business purposes of the City of
Aspen and Pitkin County (see page 5).
6. As a user you must respect the privacy of others (see page 5).
7. The security of your computer system is your responsibility (see page 6).
8. Treat your equipment as though you had paid for it (see page 8).
9. Part of your responsibility as a user is to notity IS of any serious software or
hardware problems you encounter (see page 9 & 10).
10. The installation of non-standard software, for business purposes, is allowed with
specific restrictions and guidelines (see page 9).
Revised 9/2003
.'
Table of Contents
L INTRODUCTION .................................................................................................................................1
II. INFORMATION SYSTEMS OVERVIEW....................................................................................l
A. PRINCIPLES OF OPERATION ...........................................................................................................1
B. SUPPORT LEVELS............................................................................................................................2
C. TECHNOLOGY STANDARDS ............................................................................................................3
D. CUSTOMER SUPPORT PRIORITIES..................................................................................................4
E. NElWORK EXPANSION ...................................................................................................................4
III. USER GUIDELINES AND RESPONSffiILITIES.........................................................................5
A. ALLOWED USE OF CITY/COUNTY COMPUTER FACILmES ..........................................................5
B. PRIvACY ..........................................................................................................................................5
C. OVERALL NElWORK SECURITY ....................................................................................................5
D. PHYSICAL SECURITY ......................................................................................................................5
E. NElWORKACCESS SECURITy........................................................................................................6
F. NElWORK LOGIN ACCOUNT SECURITY ........................................................................................6
G. NT WORKSTATION USER ACCOUNT SECURITY ............................................................................6
H. NT WORKSTATION ADMINISTRATOR ACCOUNT SECURITY ......................................................... 7
I. CHANGING PASSWORDS.................................................................................................................. 7
J. PASSWORD GUIDELINES ................................................................................................................. 7
K. HARDWARE MANAGEMENT ........................................................................................................... 7
L. HARDWARE TROUBLE REPORTING ............................................................................................... 8
M. SOFTWARE MANAGEMENT ............................................................................................................8
N. SOFTWARE INSTALLATION.............................................................................................................8
O. SOFTWARE TROUBLE REPORTING.................................................................................................9
IV. NETWORK APPLICA TlONS.......................................................................................................10
A. INTERNET ......................................................................................................................................1 0
B. EMAIL ...........................................................................................................................................10
V. CUSTOMER ACCEPTANCE ............:..........................................................................................11
A. USERS SIGNATURE P AGE..............................................................................................................11
Revised 9/2003
I. Introduction
This document describes what is expected of you as a user of the computing facilities at the
City of Aspen and Pitkin County. A User is derIDed as anyone who has been issued a login
account on the City/County network or receives services from the City/County network.
This document is not intended to be a complete list of all allowed and forbidden activities,
but rather a set of policies and guidelines for the practical and ethical use of our computer facilities.
Violations of these policies may result in the loss of login privileges and other disciplinary
actions. The IS department must be strict in these matters because the integrity and security of
computing resources are critical to the City and County's essential activities.
II. Information Systems Overview
A. Principles of Operation
The following general principles are intended to serve as guidelines for the creation
and implementation of Information System's policies and services.
. Shared Function - In order to maximize the utilization of computer technology while
minimizing the costs, the City of Aspen and Pitkin County shall share the planning for and
funding of an information systems function. The policies and services of this function shall
be decided by mutual agreement.
. Mission - The mission of the information systems function is to provide effective and
efficient services for the utilization of computer technology in order to assist the City of
Aspen and Pitkin County in achieving their stated goals and objectives.
. Finite Resources - The City of Aspen and Pitkin County shall provide finite resources to
address computer technology needs. Finite resources necessitate a planning approach,
appropriate allocation of resources, prioritization of tasks, and the blending of
departmental and organizational goals.
. Customer Service Orientation - The Information Systems Department shall collaborate
with its customers to determine the need for, recommend, implement, and provide on-
going support for computer technology.
. Open Technology - The IS Department shall establish standards for and support "open"
computer technologies that permit the broadest range of customer options within the
context of finite resources and the desire to collaborate and share those resources.
. Customer Independence - The IS Department shall encourage customer independence
through the definition of responsibilities, establishment of organizational standards,
training, and collaboration.
B. Support Levels
There are two fundamental levels of support; full and partial
Full Support
For any technologies categorized as "fully supported", IS will provide a comprehensive range
of support services including consultation, acquisition, installation, maintenance, operation,
troubleshooting, and training.
Partial Support
Any software or hardware that is compatible with our network technologies and is used for
legitimate City/County business purposes is eligible for "partial support". IS will provide a subset of
the support services listed under full support. At a minimum, IS will provide consultation and
installation services. Any other specific services will depend upon staff knowledge and available
resources and will be negotiated with the user(s).
2
C. Technolo2V Standards
Network
Catef!orv
Cabling
Fiber Optic between buildings
Cable Termination
Router
Switch
Hub
Access Method
Protocol
Server
Catef!orv
Hardware
Dell (Workgroup)
Operating System
Communications
Cisco Router (frame relay)
File Backup
Database
Email Protocols
Printer
CSUIDSU (frame)
CHen t
Catef!orv
PC
Operating System
Office Applications
NFS
Email
Remote Access
Browser
Calendar
Interface Card
Modem
Product
Category 5 UTP within Buildings
-Krone, ModTap
-Cisco
-Cisco
-Bay Networks
-IOBaseT Ethernet
-TCPIIP
Product
-Sun SparclUltrasparc (Enterprise)
-Solaris
NT 4.0 Server
-Telebit Netblazer (dialup)
-Legato
-Oracle, Inforrnix, SQL Server
-SMTP, POP3, IMAP, MAPI
- HP Laserj et
-Kentrox
Product
-Gateway PIlI 350
- Windows 2000IWindows NT 4.0
- Windows 95IWindows 3.x
-Microsoft Office
-Sun Net Client 3.2
-Eudora Pro 2.12/4.1
- PPP / character
-Netscape 4.x
-Synchronize
-3COM PCI Ethernet
-Multitech MT2834BA
3
Support Level
FULL
FULL
FULL
FULL
FULL
FULL
FULL
FULL
Support Level
FULL
FULL
FULL
PARTIAL
FULL
FULL
FULL
PARTIAL
FULL
FULL
FULL
Support Level
FULL
FULL
PARTIAL
PARTIAL
FULL
FULL
FULL
FULL
PARTIAL
FULL
FULL
D. Customer Support Priorities
IS will assign all requests for services a specific priority and will process requests as
closely as possible in priority order
· Urgent priority will be assigned to incidents impacting the normal functioning of the
network and its supported applications.
· High priority will be assigned to incidents impacting the normal functioning of an existing
customer for which there is no alternative or workaround.
· Medium priority will be assigned to system implementations, system updates, and fee for
service tasks.
. Low priority will be assigned to incidents for which there is a reasonable workaround or
alternative and requests for help with non-standard technologies.
E. Network Expansion
Any network workstation or PC, that represents an increase in a Department's currently
supported complement, will be subject to one-time implementation charges and an annual
support fee of $1000.
Implementation fees will be charged for the standard client software licenses and the labor to
configure and install the new workstation.
The annual support fee is intended to mitigate the impact of workstation growth on network
and staff resources.
4
III. User Guidelines and Responsibilities
A. Allowed Use of City/County Computer Facilities All usage of computer hardware,
operating systems, application software, and information services must be consistent with
the business purposes of the City of Aspen and Pitkin County. When in doubt with what
mayor may not be consistent, consult with your supervisor or department head.
B. PrivacY As a user you are expected to respect the privacy of others. Examples of
privacy invasion include:
. reading other people's mail,
. sending mail from someone else's account,
. using someone else's name as sender in your email,
. sending anonymous mail,
. using accounts other than your own,
. reading, editing or deleting unprotected files on network drives,
. reading, modifying or deleting files on a user's PC hard drive without his or her
permission, and
. sharing sensitive information with people who do not need it to do their jobs.
C. Overall Network Security
This document defines specific security policies that are designed to protect the overall
security of the network and of the individuals and workgroups that use the network. Recognizing
that ideal security policies may conflict with the practical use of the network, exceptions to
security policy may be granted to any Department willing to assume the financial
responsibili~ for any negative impacts that may result from the reduction or elimination of
specific network security policies.
D. Phvsical Security
The overall security of your computer system is your responsibility; policies regarding
physical security include:
. Access to your system should be controllable by a lockable door, either office or
department. If this is not doable, due to circumstances beyond your control, make
the extra effort to protect your important data by logging off the network or locking
your NT workstation when you are away from your desk for more than fifteen
minutes.
. Systems with sensitive or secret data must be protected by their own lockable office
door and software password protection on either entire system or sensitive data files.
. Be sure that doors and windows are closed and locked when you leave.
. Don't let any unauthorized person use computing facilities for which you are
responsible.
5
. Log out of any network application when not in use.
. Tum your PC workstation off at night unless it is on an automatic backup or provides
services to other systems on the network. To save electricity on systems that do
require the processor to run, you may turn off the monitor.
E. Network Access Security
. All access to and from the City/County Network must be configured to use our security
firewall, unless a special agreement has been negotiated with IS (see section C, above).
. No network workstation may have a modem attached for access to or from other systems
and networks, since this activity breaches the security of our fuewall.
. Remote control software that allows remote access to and control of network
workstations is not allowed.
F. Network Loein Account Security
Each user of the City/County network will receive a unique and identifiable login
account. Policies relating to login account security are:
. Your login is for your personal use only. Do not let anyone else use your account for any
purpose.
. Do not give your password to anyone else; not to a fellow department member, your
manager, another city or county staff member including IS staff, an appointed or elected
official, a consultant, the public, a family member or friend.
. Likewise, do not use anyone else's account for any purpose. If you need functionality that
your account lacks, ask IS or the appropriate System Administrator to provide it. If you
need privileges your account lacks, ask IS to grant them.
. Do not write your password down.
. Do not set your software to remember your password.
. If you need to share mail, ask IS to set up mail-forwarding.
. If you need to share files with someone else, ask IS to set up a permission group which
will allow members of the group to access the files from individuallogins (some
restrictions or limitations may apply).
. Shared login accounts are not allowed
G. NT Workstation User Account Security
. All of the policies associated with the Network Login Account (above) apply to the User
accounts used to access an NT workstation.
. If a workstation is left on at night or user is away from workstation for a significant
period (10 minutes), the Lock Workstation feature should be used. This feature is
accessed by typing ctrl-alt-del.
6
H. NT Workstation Administrator Account Security
. The Administrator account on all NT workstations will be password protected. Access
to the Administrator account is required to add hardware or software to the system.
. Any customer desiring to add hardware or software to their PC system must contact IS
In the case of the NT workstation, IS will log the customer onto the PC with the
Administrator account.
I. Chane:ine: Passwords
City/County policy relating to changing passwords is:
. Change your password immediately after receiving your user account.
. When there is staff turnover in a department that manages secret or sensitive data,
change all passwords.
. If someone else sees your password, even partially, change it.
. If you see someone else's password, tell them to change it.
. Keep your password indefinitely, if your password follows the secure guidelines
listed below and your password security is still intact.
J. Password Guidelines
Guidelines for the composition of secure passwords are:
. Passwords must have at least six (6) characters, but not more than eight (8)
characters.
. Do not use words found in any dictionary.
. Do not use passwords that are easy to guess by association; examples are spouse's
name, child, pet, your nickname, and so on, ...
. Passwords must contain at least 2 letters (either upper or lower case) and at least one
numeral or symbol such as 1,7,$,!,*,@,#,%.
. Passwords must be different from your old password. Your new password must
differ from your old one by at least three characters.
K. Hardware Manae:ement
Treat your equipment as though you had paid for it. Be gentle with it even if you are
frustrated since you are responsible for anything you damage. Policies specific to the proper
treatment of computer hardware include:
. Do not move equipment when it is running.
. Plug equipment into a network jack or power supply before you turn it on.
. Tum off equipment before you unplug it.
. Attach new equipment only when everything else attached is powered-off.
. Always use an approved power conditioner or un-interruptible power supply (ups)
7
for your pc and monitor.
. Do not experiment with the equipment or try to take it apart.
. Do not try to crash or sabotage any systems.
. Do not place your equipment in a precarious or potentially dangerous location.
. Route your cables and cords to keep them from being snagged or tripped over. Keep
cords away from heaters.
. Keep your equipment clean.
. Do not put food or beverages where they could spill and damage the equipment.
· Do not use equipment when you have residue from eating or other activities on your
hands.
. Notity IS of problems promptly.
L. Hardware Trouble Reportine
Part of your responsibility as a user is to notify IS of any hardware problems you
encounter. Guidelines for dealing with hardware problems include:
. In an emergency, such as a smoking machine or water leaking through the roof, do
what's right for your personal safety first.
. If safety permits, power the machine off and remove it from the hazard.
. Call the appropriate authorities to report the emergency.
. For non-emergency events, send mail to "help", whenever possible, and feel free to
contact IS any way you can.
. Do not try to repair equipment yourself, unless directed to do so by IS staff or you
have prior experience with the problem.
M. Software Manaeement
Our standard software is covered by license agreements between the City/County. and
other companies and organizations; these licenses are predicated on our using the software for
business, not for home or cornmercial purposes. Specific prohibitions include:
. Do not copy any of our licensed software except as a backup for use on your system,
. Do not knowingly allow anyone to copy City/County software,
. Do not load or allow anyone else to load software that has not been appropriately
licensed on any City/County system, and .
. Do not keep software media in an unsecured location.
N. Software Installation
The installation and operation of non-standard software is allowed with the following
restrictions and guidelines:
8
. Software must be appropriately licensed.
. Contact IS prior to installation for consultation.
. Take appropriate precautions with your valuable files.
. All programs, with the exception of the installation program, should be disabled or
terminated prior to installation
. The appropriate software installation program or routine should always be used to
install or uninstall software and hardware.
. Prior to installing hardware and/or software on an NT workstation, a new
"Emergency Repair Disk" should be created. Label diskette with date and text
describing status of system when disk was created. e.g. "disk created prior to
installing scanner"
. After installing hardware and/or software on an NT workstation, the Service Pack
update should be run and a second "Emergency Repair Disk" created.
. Any customer who ignores the above guidelines may be required to pay the costs
associated with restoring the system to normal operation.
o. Software Trouble Reportine
Part of your responsibility as a user is to notify IS of any serious software problems
you encounter. It is also your responsibility to describe any action on your part or on the part of
others that may have contributed to the problem; examples are:
. installation of software,
. modification of existing software,
. configuration changes,
. download of any files or email attachments through the Internet,
. copying of any files from diskette, tape, or network drive.
The procedure for reporting software problems is as follows,
. Record any error messages that you received.
. Follow standard operating procedures to restore normal operation.
. If unsuccessful, consult with your departmental Superuser or System Administrator.
. If problem is still unresolved, send mail to "help" and describe the problem.
. If you consider the problem an "emergency", contact IS Staff anyway you can.
9
IV. Network Applications
A. Internet
The City and County computers have access to the Internet. This resource gives users access
to communication and ir1formation services and public domain software. Although all City/County
policies regarding the use of computer facilities apply to the Internet, there are special policies
for its use. These policies are:
. No City/County networked workstation is allowed to access the Internet through any
other means than the City/County network Internet access; no modems may be
attached to a network workstation unless an exemption to standard security policy
has been negotiated.
. No software may be downloaded for use on a network workstation unless approved
by the IS Department.
. No user may sign up for interactive services on the Internet unless approved by the IS
Department.
. Run virus check on all downloaded files.
B. Email
The City and County computers have access to global Electronic Mail. This resource gives
users access to email communication both internally and externally. Although all City/County
policies regarding the use of computer facilities apply to the use of Electronic mail, there are
special policies and guidelines for its use. These policies and guidelines are:
. The email system may NOT be used for the performance of personal business such as
the advertising of personal products or services for sale, the transmission of offensive
material, and the propagation of chain letters.
. All email attachments MUST be scanned for viruses prior to mailing them to anyone.
. DO NOT attempt to send email attachments greater than one (1) megabyte in size.
Anyone sending attachments to you must follow this same guideline. The system will
reject any attachments larger than one megabyte.
. If files greater than three (3) megabytes need to be transferred, contact IS for
instructions on available alternatives.
. It is strongly recommended that the "all_city" and "all_county" email aliases be used
only for messages that are specifically intended for all employees.
10
v. Customer Acceptance
A. Users Si2llatnre Page
This agreement is in addition to any City of Aspen and Pitkin County security policy.
This is to acknowledge that I have received the Computer Facilities Usage Agreement. I
understand that it is my responsibility to read and follow the policies and guidelines contained
within.
Signature
Printed Name
Department
Date
11
.
LL
"E
"
E
.<:
to
CIl
~
Ul
E
J!!
Ul
>.
Ul
C
o
:;::
'"
E
..
.E
C
..
o
-
C
o
:;::
'"
u
.E
<(
-
C
'0
....
Cll
'"
C
Cll
>
Cll
a::
-
~
'"
:!:
'C
C
Cll
0.
)(
W
~
C
'"
o
U
~
U
"E
"
~~
::J ::J
'" 0
CIlU
"z,
::;: .-
",U
o
o
N
It)
-.i?fl.
0>1'-
~"<t
--
It);;e.
0>(')
~ It)
N
~
::J
'C
1l
e
a.
"E
"
E
~
::J
'"
CIl
"
::;:
'C
r::: ..
CO.E
UlQl
'>,E
.c:+::o
-c-Ci;
~ ~!!l
'0; -g ;
1: .c .5:
'0; m E
E'C 0
Ql U
~.c
o Ul
-:.=
C.c
Cll '"
E;o.
'C
o
.<:
.,
e:
'"
'iij
CIl
~
c:
'C:
CIl
.<:
en
'C
Ql
t::
o
0.
0.
'"
Ul
Ul
b
c..
-
o
o
.,
CO
a::
I
Ul'C
C r:::
o CO
:.;::::; en
~ E
Ql Ql
0.-
o~
III
15 (/) t:
- CO 0
C _.-
COCOa;
E "'.2
t::.cg
'" 1; cu
a.~co
Cll",
'" Ql
- -
CO CO
E 'u
~ 0
o Ul
Z~
~
"
"E
"
U
1il
o
U
,
Ill",
r::: r:::
o CO
., UlQlI
~ ~
Q) I... :::::II
a. ::::J 1::1
a ~ ~.
S r::: Ql
'" ~a::
c x
UlW
;;e.
~<D
~ a
"<tit)
--
N~
00
"<t~
0>
"<t
'C
r::: ~
"'.E
Ul Cll
>.E
.c:';::::;~
-cG:)m
~Ol~
._ 'C
co '" 01
"E .c .5
'0; m E
E", 0
Cll U
~.c
o III
-=
r:::.c
Cll '"
E; 0.
Ul
Cll
~
Ql'C
r::: Cll
at::
.c 0
a. 0.
_a.
o '"
o III
.,
co
a::
III
Ul E
r::: Cll
0_
:.;:::; (/)
'" >.
~ III
~Clllll
o r::: r:::
_ 0 0
co..!::.;::::;
- a. co
i ~.~
E'sCi.
t:: .c a.
m:t:::' co
0.3:'"
Cll r:::
'C"'CO
_ Cll
"'m
E 'u
o 0
Z gJ
co
III
r:::
o
:+::;"'C
co r:::
~ co
Ql III Ul
o.QlQl
a ~ '"
cP2c:
C .- Ql
o'C >
.c lii Ql
0. 0. 0::
Ql x
QiW
1-'
Ul
~-
E 0
.c'C
'" r:::
III Ql
~
'C Ql
r:::<I::
co co ~
Ql Ul co
.s iil ~
- "'-
'Coco
(; M ~
~.5 ~
...c
-
= .~
3:t::
ll= 0
Sa.
Ul~
~
cu+:i
E lii
j::.c
ll=~
co Ql
U5 ~
_.E
a",
o Ql
:.;:;""C
'" ~
0::8
~
III
r:::
o
.,
~
Ql
a.
o
OJ
-
r:::
Ql
E
t::
co
a.
Ql
'"
OJ
E
~
o
z
, 'C
Ul r:::
r::: co
o UJ m
1ii ~ ::J
<<> ;e &i
a.'C >
alii&!
Ula.
- x
Clw
;;e.
(')
I'-
-
;;e.
I'-
N
;;e.
o I cfl.
-Ulo
*-(1)0
Om:!::
~=>;;e.
,c..o
Ul
Ul
-
III
o
U
",J!!
mm~
m ::J._
.c "'-c
~ Ql r:::
Ql 'C '"
>co-
o _
Ql r::: r:::
.- Ql
ESE
~ .5 co
Ul co U
co E co
-co.
"j c ~
>.co
-
.,
r:::
W
-
~ui
- Ql
~:E
:.;::::; ==
r::: U
Ql~
- Ql
o U
~ij::
._ 0
:QU)
Ul Ql
r:::-c
g.'>
Ul e
Ql a.
0::
.s 15 ~
'C E '"
~L.:gcti
.- 0 ..... (J
::::Jc.2c:
"'co '"
~c13i
UlQl 'm .5 C
~--
::J c: c: 'm
- 'm CD E
'6 E r:::
~-g ~~
>< as's: (If
Q) l: C Q)
Ql 0 Ql.-
~ 'in 0) ~
.- C""
O~:i2::J
~ ~
<( a. ~
Ul
Ql
:e
'u
co
U.
Ql
u
IE
a
It);;e.
."<t
1'-(')
-
-
lC!~
"<to
~<D
<D
Ul
Ql
~
"li cD
co r:::
- 0
o~
_ u
.~ m
-.0
'" 0
Ql-
'C-C
.:; ~
e u
a. co
:l::
.~ co
Ul
'C
Ql
.c
u
co cD
:l:: r:::
co 0
IIl.c
Ql-"
:e ~
'0 ..c
~ Ql
_.c
0-
o
0-
.,
co
0::
r::: Ql
.s 0 c
-cEil
~E-"
o u
"5 u co
"'Ql.c
~L:~
cn~o.
Ql ._ 0
::;l9"-
~C:~
-g '0; I;:::
Ql E Ql
a. -c .c
xr:::-
Q)mo
Ql r:::
=o.B
....... 'en cQl
o .-
- ~ E
<(Q.~
Ql
r:::
o
.0
-"
U
co
al
~
Ql
.0
u::
~
o
a
It)
-
~
o
a
It)
-
r:::
Ql
E~
0):.;::::;
u r:::
'" Ql
o..c
~ u
co
'" Ql
r::: ~
'm .E
'E~
'm :J
Eal
.c
.~ ~
Ul
a
le
a
It)
'C
~
co
.c
Ul
o
-r:::-c
'Car:::
~ E co
'g. Lui Ul
QluUr:::
I...C:Q.~
(I)'a; ~co
~ C 'E .~
:J .- Q) C.
~mEc..
-cEa.co
r::: ._
Q)"'C::J-C
a.cO"Q)
>< m Q) lo,;..
Q)C:..il::n:J
mo"-..!:
.r:.'- 0 UJ
-.!!l ~
'E~Q)
<( C. c:
...
r::: 'C r:::
Ql Ql 0
E.....:.;::;
a. co co
'-.c. .~
6-(1) o.(/)
W - a. E
-" _Ill <( Ql
.....Ua.-
o Q. ::J ~
~ll=eUl
Ql co 01
ZCi5~
QlUlO
0-3:
u
-
r:::
Ql
E~
lJ):.;:::;
u r:::
co Ql
o..c
~ u
co
co Ql
r::: ~
'm ..e
1: Ql
'm "S
Eal
.c
.~ ~
~
~Ul
:.;::; m
r::: '"
Ql 0
'O..c:: .
~~Q)
;: '0 ~
:Emu
IIl-
r::: Ql
o Ul
a.o
Ql.c
0:: 3:
.E r:::
-c 0
.~ ~
",a
~ u
r:::
U) 'n;
~-
r:::
.a "m
'6 E
r:::
Ql-C
a.r:::
x co
Ql r:::
CD ,2
;; .~
- >
o 0
~
<(a.
Ul
uiQl
QiE
en+:;
a=>
U-C
r:::
~ co
o
~
Ql
Z
~
o
U
co
-
r:::
co
-
r:::
-
r:::
Ql .
E~
Ql=
u u
.!2~
a..c
~ u
co Sl
r::: ~
.- 0
co_
-
r::: Ql
'm "3
E'C
Ql
::=.r:.
3: ~
~
-
co
.c
-
~
:.;:::; .
r:::~
Ql=
- '0
o co
~-
._ Ul
== c:
:9 3:
III 0
r:::
o
a.
Ql
0::
.E 01
-c ~.5 iii
~=:oc:
'" ~ rl 0
0-.... :+:;:;
UJ ~ .5 (ij (J
1iJ co F= CDr:::
Ul IIlQl ..... ill l:
0.... c..... 0
13 .a 'm.5 u
-,,'- E Ql
....-c.,...ufr::
o c::... 0
..Qlr:::Gl.c
.a:::; c.. ra UJ ~
Qlr:::~C:.Qo
au",
CD 'm: ~ ..c
..c .- '- .....
..... > 0 C
oe~",
a.Ql
<( r:::
01
r:::
'c
o
.,
'6
r:::
o
U
ui
-ui
$ Ql
oE
C3 :E OJ
-" => .5
..... -:c
o 01 co
~.5 U
(1)5-0
Z+:;c::
~'6 co
= r:::
.- 0
~u
LL
co
-
r:::
-
r:::
Ql
E~
Ql-
U r:::
co Ql
o..c
Ql u
~ co
co Ql
.5 c;
co.....
c~
.- '"
CO'C
E Ql
.c
.~ ~
~
-
co
.c
-
>.
-
:w .
r:::-c
Ql Ql
_:l::
01;:::
>.Ql
_ r:::
=Ql
:9.0
III III
r::: .-
o
a.
III
Ql
0::
III ,,:,
E~
Ql r:::
1ij Ql
>.U
Ull;:::
c '0
o Ql
~~
.~ tV
c..~
a.Ql
co r:::
-CQl
r:::.c
'" >.
ceo
Ql ::J
E .2'
.9- 5
"'-
"'co
W.c
-
'C
r::: III
'" E
- Ql
r:::_
Ql Ul
K~
":; 5
'" .-
Wm
Q) ,g
5-0.
._ a.
5<(
~
.,
"
.<:
en
'"
x
<0
o
,
"?
d
c:
."
CIl
.<:
en
_,
'"
o
~I
;;:,
1
I
U
~
~
c:
"
E
"
"
c,
<,
I!?
"
Q)
CIl
c:
CIl
~
U
tt:
t::
"
>
'C:
'C
J$'
c:
~
::J
10
if!
<0
o
o
~
~
-
'"
RESOLUTION # <(I
(Series of 2006)
VUe.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN
SUPPORT OF THE 2006 PITKIN COUNTY BALLOT ISSUE KNOWN AS
"REFERENDUM 1 B", WHICH REAUTHORIZES THE OPEN SPACE AND TRAILS
PROGRAM BY AMENDING ARTICLE XIII OF THE COUNTY CHARTER, EXTENDING
A PROPERTY TAX LEVY UP TO 3.75 MILLS FOR TEN YEARS AND AUTHORIZING
THE ISSUANCE OF GENERAL OBLIGATIO DEBT IN AN AMOUNT UP TO $20
MILLION.
WHEREAS, the Pitkin County Open Space and Trails program was established
by referendum and approved by voters in 1990 and again in 1999; and
WHEREAS, the Open Space and Trails program protected 14,000 acres of
ranchland, wildlife habitat and scenic open space through purchases of land and
conservation easements throughout Pitkin County including Smuggler Mountain, North
Star, Hunter Creek Valley, Snowmass Village Snowmass-Capitol Creek, Lenado,
Woody Creek, Emma, Basalt, Seller Park, and Crystal Valley; and
WHEREAS, the Open Space and Trails program has secured and improved
approximately 37 miles of trails throughout Pitkin County including the Rio Grande,
Hunter Creek, Owl Creek, East of Aspen, Basalt/Old Snowmass, and the Highlands
Trail; and
WHEREAS, the Open Space and Trails program has invested $53,000,000 over
16 years acquiring valuable assets resulting in present value of all Open Space assets
owned by the people of Pitkin County between $120 - $150 million dollars; and
WHEREAS, the Open Space and Trails program has been successful preserving
historic agricultural and ranching activities, mining claims from future possible
development, historic routes of ingress and egress to public lands and waterways, and
quiet areas and scenic views along the valley floor and in the high country; and
WHEREAS, the Open Space and Trails program provides recreational
opportunities throughout Pitkin County, including the City of Aspen, for hikers, runners,
road and mountain bicyclists, fishermen, boaters, equestrians, snowshoers, Noridic
skiers, backcountry skiers and other recreationists of all ages and abilities; and
NOW, THEREFORE, BE IT RESOLVED THAT THE ASPEN CITY COUNCIL supports
the ballot question known as "Pitkin County Referendum 1 B" that reauthorizes the Open
Space and Trails program and continues the 3.75 mills property tax increase for an
additional 1 0 years. The Aspen City Council urges the electors of the City of Aspen to
support said proposed referendum and to vote "Yes" on its passage.
Dated:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held September 25, 2006.
Kathryn S. Koch, City Clerk
RESOLUTION # 'is'2-
(Series of 2006)
VlIl-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN
SUPPORT OF THE 2006 PITKIN COUNTY BALLOT ISSUE KNOWN AS "BALLOT
QUESTION 1A DEDICATED PROPERTY TAX LEVY FOR HEALTHY COMMUNITY
FUND," DEDICATED FOR THE SOLE PURPOSE OF PROVIDING A STABLE
FUNDING SOURCE FOR HEALTH AND HUMAN SERVICES AND COMMUNITY
NON-PROFIT PROGAMS.
WHEREAS, The Healthy Community Fund is a dedicated source of funding that
provides financial support to non-profit organizations that offer critical health and human
services to the residents and workers of Pitkin County and the City of Aspen; and
WHEREAS, the Healthy Community Fund is supported by a dedicated property
tax levy and 100% of the funds are distributed to area non-profits agencies through an
annual grant process; and
WHEREAS, the Healthy Community Fund supports programs for children, youth,
adults, and seniors such as support for victims of domestic violence and sexual assault,
care for the terminally ill, mental health counseling for individuals and families, drug and
alcohol counseling and prevention, services for adults and children with development
disabilities, public health services including prenatal care, family planning,
immunizations and communicable disease control, programs that conserve a healthy
environment, prevention, intervention and support services for children, youth, and
families; and
WHEREAS, the Healthy Community Fund supports non-profit organizations that
strengthen and enrich the quality of life in Pitkin County and the City of Aspen. Seniors
receive regular check-ins and nutritional meals through "Meals on Wheels", people with
addictions work toward sobriety, hospice patients receive quality end-of-life care, new
moms and moms-to-be become skilled at parenting, and young people learn to make
good choices and resist drugs and alcohol; and
WHEREAS, the Healthy Community Fund supports Aspen organizations such as
Alpine Legal Services, Aspen Camp for the Deaf, Aspen Given Foundation, Aspen High
School Project Graduation, Aspen Youth Center, Challenge Aspen, Computers for Kids,
Grass Roots Television, Healthy Mountain Communities, KAJX Public Radio,
RESPONSE, Roaring Fork Hospice, Shining Star Foundation, Valley partnership for
Drug Prevention, Wilderness Workshop, and YouthZone; and
WHEREAS, if the dedicated property tax levy for the Healthy Community Fund is
not reauthorized, support for human services and community non-profits will decrease
significantly. Only services mandated by law will be funded and a few essential services
for public health, mental health, and senior services will receive limited funds. Funding
to all others will have to be cut.
NOW, THEREFORE, BE IT RESOLVED THAT THE ASPEN CITY COUNCIL supports
the ballot question known as "Pitkin County Ballot Question 1A", which increases the
Pitkin County property tax levy, dedicated for the sole purpose of providing funding for
health and human service and community non-profit programs benefiting the citizens of
Aspen and Pitkin County, and urges the electors of the City of Aspen to support said
proposed ballot question and to vote "Yes" on its passage.
Dated:
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held September 25, 2006.
Kathryn S. Koch, City Clerk
V"q
RESOLUTION NO. 'i?
A RESOLUTION OF THE CITY COUNDIL OF THE CITY OF ASPEN,
COLORADO, IN OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN AS
"TERM LIMITS FOR SUPREME COURT AND COURT OF APPEALS
JUDGES," AMENDMENT 40 TO THE COLORADO CONSTITUTION, THAT
WOULD POLITICIZE THE APPELLATE COURTS AND ADVERSELY
IMPACT THE JUDICIAL PROCESS
WHEREAS, the effect of Amendment 40 would be to limit the independence ofthe
judiciary and to politicize their appointment by placing a limit often years on the service of any
appellate judge, thereby empowering the governor with the appointment of a majority of the
appellate judges after each general election; and
WHEREAS, the further effect of Amendment 40 would be to deprive this state of
the wisdom and experience of our sitting appellate judges and substitute on-the-job training after
each appointment; and
WHEREAS, the further effect of Amendment 40 would be to discourage the most
qualified trial judges and attorneys from applying for appointment to the appellate bench; and
WHEREAS, the further effect of Amendment 40 would be to cause newcomers to
the appellate courts to be reviewing the decisions of seasoned trial judges, for whom no term limits
are proposed; and
WHEREAS, the effect of Amendment 40 would be to remove from office next year
five supreme court justices and seven court of appeals judges; and
WHEREAS, no other state has placed term limits on the judiciary; and
WHEREAS, the best interests of the City of Aspen and its citizens will not be
served by the attack on the independence and competence of the judiciary contained in Amendment
40;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen
that this Council opposes term limits for appellate judges and Amendment 40 on the ballot for the
November 7, 2006, general election.
ADOPTED the 25th day of September, 2006.
Helen Kalin Klanderud, Mayor
ATTEST:
.
MEMORANDUM
Villa.,
TO:
Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director ~M
FROM: Jessica Garrow, Planner ~
RE: Doerr-Hosier Building (Aspen Institute Conference Center) Height Increase-
SPA Amendment - First Readinl!: of Ordinance?j. Series 2006
MEETING DATE: September 25,2006
Second Reading scheduled for October 23, 2006
LOCATION:
Lot I-A Aspen Meadows Subdivision
commonly known as 870 Meadows Road
ApPLICANT /OWNER:
Aspen Institute
REPRESENTATIVE:
Jim Curtis, Curtis & Associates
CURRENT ZONING & USE
Academic with an SPA overlay
Photo oflhe smaller, and shorter of the Iwo pieces of
mechanical equipmenl, with Ihe proposed parapet wall height
STAFF RECOMMENDATION:
Deferred to Second reading, following
referral comments from the Historic
Preservation Commission. Staff
recommends adoption upon first reading.
PROPOSED LAND USE:
Academic with an SPA overlay
Photo of the larger, and taller oflhe Iwo pieces of mechanical
equipmenl, wilh the proposed parapet wall height
SUMMARY:
The Applicant requests an Amendment to
their SPA agreement to increase the
height of the Doerr-Hosier Building
(Aspen Institute Conference Center) by
two (2) feet six (6) inches to hide
mechanical equipment.
Photo of Ihe parapel wall heighl: the lower portion is Ihe
height that was originally approved, and Ihe higher portion is
Ihe ro osed hei ht wilh the two (2) foot six (6) inch variance.
Doerr-Hosier SPA Amendment Staff Report, page 1
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval for site:
. SPA Amendment to increase the height of the parapet wall by two (2) feet six (6) inches
on the Doerr-Hosier building pursuant to Land Use Code Section 26.440 (Citv Council is
the final review authoritv who may approve, approve with conditions, or deny the
proposal).
PROJECT BACKGROUND AND SUMMARY:
In 1991, City Council approved Ordinance No. 14, approving the original Aspen meadows SPA
Agreement. This SPA agreement established dimensional requirements for the SPA area. The
SPA Agreement, dated January 24, 1992, outlines review procedures for all SPA Variances and
Amendments.
Ordinance 45, Series 2004 amended the Aspen Meadows SPA to allow for the construction of a
conference and meeting hall in place of a lodge building that was approved in the original SPA
Agreement. This Ordinance allowed for the construction of the Doerr-Hosier Conference
facility.
In November 2005, the Aspen Institute decided to make the Doerr-Hosier building into a "green"
building and to pursue LEED (Leadership in Energy and Environmental Design) certification. In
order to achieve LEED certification, a number of changes were made to the building, including
the use of different mechanical equipment that meets LEED requirements. This equipment is
compatible with the geothermal energy used in the building and is less noisy than other non-
LEED equipment. In order to achieve a lower decibel level and LEED compatibility, the
equipment is slightly larger than the equipment originally intended for the building.
There are two pieces of mechanical equipment that work to heat and cool the building, both
placed on the top of the building in accordance with the original SPA approval and Ordinance
45, Series 2004. One is smaller in size and is lower in height than the originally approved
parapet wall height. The second is approximately two feet taller, and sits higher than the
originally approved parapet wall height. When the Aspen Institute decided to use this equipment
in order to achieve LEED certification, the Institute also decided to increase the parapet wall
height to hide the equipment and to maintain architectural consistency with the building. This
decision resulted in a building height that exceeded the SPA height limits by two (2) feet six (6)
inches.
In July, 2006, the Aspen Community Development Department received a zoning complaint
from a resident in the Pitkin Green subdivision regarding the height of the Doerr-Hosier
building. Community Development staff inspected the Doerr-Hosier building and determined
that the parapet wall exceeded the allowable height by two (2) feet six (6) inches. The Aspen
Institute then initiated an SPA Amendment request for a height increase.
STAFF COMMENTS:
SPA AMENDMENT:
The Applicant is requesting an Amendment from the SPA Agreement to increase the height on
the Doerr-Hoser building by two (2) feet six (6) inches. The review criteria are outlined in Land
Doerr-Hosier SPA Amendment Staff Report, page 2
Use Code section 26.440.050, and the review procedures are outlined in the original SPA
Agreement, dated January 24,1992 (attached as Exhibit C).
Staff supports the Institute's decision to achieve LEED certification and is in general support of
increasing the permitted height in order to minimize the noise impacts on the surrounding
neighbors and environment. The increase in the parapet wall height will project the noise up
towards the sky, rather than out the sides of the building. Staffis waitingfor referral comments
from the Historic Preservation Commission before afinal stafffinding is made
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Department have all
reviewed the proposed application and their requirements have been included as conditions of
approval when appropriate. The Historic Preservation Commission will review the proposed
height increase at their October 11 th, 2006 meeting. Those referral comments will be included in
the Staff memo and findings at second reading.
RECOMMENDATION:
Staff recommends that the City Council approve the attached ordinance on first reading,
approving an Amendment to the original Aspen Meadows SPA Agreement to increase the height
of the Doerr-Hosier building by two feet six inches.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No.1tL, Series of2006, upon first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Amended SPA Development Plan including Doerr-Hosier Center architectural
drawings
EXHIBIT C - SPA Amendment Procedures, from original SPA Agreement dated January 24, 1992
EXHIBIT D - Application
Doerr-Hosier SPA Amendment Staff Report, page 3
ORDINANCE NO. 81
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING, AN
AMENDMENT TO THE ASPEN INSTITUTE'S SPA AGREEMENT FOR THE
DOERR-HOSIER CENTER AT 870 MEADOWS ROAD, CITY AND TOWNSITE
OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-121-29008
WHEREAS, the Community Development Department received an application
from the Aspen Institute, represented by Jim Curtis, requesting an amendment to the
Aspen Institute's SPA Agreement to increase the parapet wall height by two (2) feet six
(6) inches on the Doerr-Hosier building at 870 Meadows Road; and,
WHEREAS, the subject property is zoned as a Specially Planned Area; and,
WHEREAS, the original SPA agreement allows the applicant to request an
amendment to the original SPA agreement of City Council; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval of the variance request;
and,
WHEREAS, during a duly noticed public hearing on October 23'd, 2006, the Aspen
City Council approved Ordinance No. -' Series 2006, by a _ to _ L-~ vote,
approving the Aspen Institute's SPA Amendment request for the Doerr-Hosier building at
870 Meadows Road; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director,
and has taken and considered public comment at a public hearing; and,
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
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, and the Aspen Institute SPA Agreement dated January 24, 1992, the
Aspen City Council hereby approves an amendment to the SPA Agreement to increase
the parapet wall height of the Doerr-Hosier Building by two (2) feet six (6) inches.
Ordinance No.
Series 2006
Page 1
Section 2: Vested Ril!:hts
The development approvals granted herin shall be vested for a period of three (3) years
from the date of issuance of the development order.
No later than fourteen (14) days following the final approval of all requisite reviews
necessary to obtain a development order as set forth in this ordinance, the City Clerk shall
cause to be published in a newspaper of general circulation within the jurisdictional
boundaries of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property
right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article
68, Colorado Revised Statutes, pertaining to the following described property:
870 Meadows Road, City and Townsite of Aspen, CO, by Ordinance No. _,
Series of2006, of the Aspen City Council.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity ofthe remaining portions thereof.
Section 6:
A public hearing on the ordinance shall be held on the 23rd day of October, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
Ordinance No.
Series 2006
Page 2
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of November, 2006.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of October, 2006.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
C:\Documents and Settings\jessicag\My Documents\Cases\Aspen Institute\AspenInstitute ORDINANCE 9-25-06.doc
Ordinance No.
Series 2006
Page 3
Exhibit A - Staff Findings
26.440.050 Review standards for development in a Specially Planned Area (SPA).
In the review of a development application for a conceptual development plan and a final
development plan, the Planning and Zoning Commission and City Council shall consider
the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use,
density, height, bulk, architecture, landscaping and open space.
The requested Amendment would increase the parapet wall height by two (2) feet six
(6) inches. This height increase is proposed in order to reduce the visual impact of
the machinery on the roof of the Doerr-Hosier building. The machinery is larger than
originally anticipated because the building will undergo LEED certification and the
larger equipment will help the building achieve that certification.
There are two (2) pieces of mechanical equipment that are needed to ensure the
building is energy efficient. One piece is hidden by the original parapet wall height.
The other piece of mechanical equipment is taller than the approved parapet height,
and requires an increase of two (2) feet six (6) inches in the parapet height in order to
conceal it from view. The parapet wall also functions as a noise barrier for the pieces
of equipment. The mechanical equipment is estimated to produce noise equal to 40 to
45 decibels. The higher parapet wall helps minimize the impact on the surrounding
neighbors by directing the noise towards the sky, rather than allowing it to easily
come out the sides.
The parapet wall will be made of insulation and a metal material, which was
approved as part of the original parapet wall. This ensures the higher parapet wall
matches the rest of the building material and architectural program.
Staff will make a finding on this criterion following the review by the Historic
Preservation Commission on October 11, 2006. The staff finding will be included in
the staff memo at second reading.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. The height increase will not impact
public facilities or roads. Staff finds this criterion to not be applicable.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of
mudjlow, rockfalls, avalanche dangers andjlood hazards.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
Doerr-Hosier SPA Amnendment, Exhibit A page I
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similar amenities for the users of the project and
the public at large.
The proposed parapet wall height increase is intended to minimize the visual and
audio impacts of the machinery. The parapet wall creates a larger mass than the
equipment, as it encloses both pieces of equipment and the approximately four (4)
feet of space between the two (2) pieces of equipment. This larger mass is visible
from neighbors living in Pitkin County in the Pitkin Green subdivision across the
Roaring Fork River.
The parapet wall will decrease the noise impact associated with the equipment, as it
will direct the noise up rather than allowing it to disperse. This will minimize the
audio impacts on the neighbors.
Staff will make a finding on this criterion following the review by the Historic
Preservation Commission on October 11, 2006. The staff finding will be included in
the staff memo at second reading.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
The requested Amendment would increase the parapet wall height by two (2) feet six
(6) inches. The relevant AACP sections for this Amendment request include Parks,
Open Space, & the Environment, and Design Quality. [Note: the original SPA
Agreement established the overall development's compliance with the AACP]
The proposed height increase will help reduce the noise pollution associated with the
mechanical equipment. The mechanical equipment is larger than original anticipated
in the original SPA Agreement because the building is attempting to attain LEED
certification. The equipment itself meets the AACP goals in terms of achieving
environmentally friendly development and design and by reducing the energy costs
associated with the approved development. The height increase meets the AACP
goals by reducing the adverse noise impacts on the surrounding environment.
The proposed height increase meets the AACP's goal of achieving good design
quality. The proposed materials are the same as were approved in the original SPA
Agreement, and will compliment the original building design by ensuring a consistent
architectural program. HPC evaluated the design originally proposed for the building
and approved it, as it was consistent and appropriate with the Aspen Institute area.
The increase in the parapet wall is consistent with this initial HPC finding.
Staff finds this criterion to be met.
Doerr-Hosier SPA Amnendment, Exhibit A page 2
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
7. Whether proposed development on slopes in excess of twenty (20) percent meet
the slope reduction and density requirements of Section 26.445.040(B}(2).
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
8. Whether there are sufficient GMQS allotments for the proposed development.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
Doerr-Hosier SPA Amnendment, Exhibit A page 3
flilllll'
!I"'
~{l'l'
1'llIl
'111'1-
1 tit
II.!!'
~~~111l
1,1111
;~
~~(J)
:~
.,
:~
F~;~
l[,~,jg
<Il""'&"'C
~~~,I\'5'~
~~~'~~
~ji~
~f~:8~
b~~ ~
~ ~ r;
. ~
t-.
c
~
0....
q,..
e..:...
~
:... "
~ l:l
~ ..
, ~
III
~g.
.....
c ~
;;;
<>..u,
c "
'>'
~
~
.,,~.
~~
~ .
~
Wl ~'! J,
-...,...--......---......-"'-
<::,
z ....
o "
: e:
o ""
"'....
[s::
o "
'd
~ ~'
'Il~
~' .'1.
-. .,.
. ,.,
, .!~
.... ~ l
~\ i;
1 -
I
,
!~ I! ~' g
~.f ~ :
j' ~ L~!
[~' t,!
, ,
I { , iO ..
i [;; ~ t
1 p ~ ~
. I"!
Ii;
I ? [
\ ~
,
~
~~i~i!
i" 3
ig;!:1
. .-
~ 5'~
~ ~g
8 ~f
0> ~
'= ~
~=""""
-......-,..,.
f!
I-~
.'
~
!~
,
I!l,l:
~!~
~! I:
;,[
.,
l;
"
f-~
I~
~;
[g
a.
I
i
j ~
,
a ,
.
, ,
.
~:~
~ ~ [ ~!gi:i!l!l i
:z: ~?" [!'Il ~ ~ i~
~ ~ ~~8iOfi" ~!t
~ , '1h~mmt
I f Hi~,,~~ ~n~
I~~I ~9. ~h~~i~;;[
~-, "'~ha:s:[
l~;;'<>'~s,h.q.
~: I ;!.~l::fil~i
1 I - ~ i!!-lO.... - it a~
8 '5 ,,0 or~o;"';<;
i I '"' H:ap~-~:;>f[
I I G.li9.5'l" c if"
J I ,,' .. c iF ~- 8."
I I i~'::~:h.g-!'9.
I I 5:- lliliOlI.t"
~~~:~a-~..~
mmm
~:i~n~ ~
~
l
,
mi ~o=iJ ; Vl"><'"''''''''
. - l8: .. [[[ll [
? :E~ ~~,l
. ~ ""',,..."'''' -
8!!-~ o;:"r ~ , , , , , ,
",if[ ~-;iJ ~~~[r~
0;5"'" ~~~i .
::"'~ 5 .... --" 0
i~ VITi ~ ~ ~~ 3 ~
[:>r ,," fi"" n~ ..
a ~r;~~~l
- r t I ~~ <> 5"? ..
I .s g ~ ~ <.n
~-g" f'<..
"- !l 9.~ ""l
Ii. 5'::1
'I. f
11-
11- .
..
!~!II t
1ii
1'- .
,-
II!,:!:: .
I.'~ Ii >
i.I~~ .
1.- g
ff
;}
~
#
~
II'
}' ~
10:
~"'!i):$''''
Jf \'" ~
>
';,,'0
,l!
",0...
1, 0 "
" ,
Ii
:1 ~\
~~ '"~'\
il' ~I.I
g,qz
"'1;'0
I 1;
i :a
if
0,
"
2..~
it
?.g>
Ri
~~
%jl!
'l
"
~i
. "I
p~.
." ~~-
i" ll;
'- !!.""~
50 ~ "f'~
! ; ig?
- ~~;!
~~ ~$~
I~ 'II
: 2..~;
i ~ !
i i,
i
o
.. .tf~'-
r ~~, !~~.i"
z i~t.I'm
D ~ ~c
~'"
D l i~il
"'a 0 il~~
.,.
~~.'
I' I~i:
.' .
;g ;~
!!..f
" 1"1
~~
f.~
~ .~
t'l
.
z
I
'" <">~--<
o.W;;
I~P
~~i
~l=l~!
l\ ~ii
~I ~::
~1 ~~:
~: I H
I l.g:
1 ~~l
: ~~f
H
~f
'" ~
0'
~1l
d
:~
II
: ft !~;~ilJ ~i~
2.. ~ <">~'.;5l~ co "3~
l i ml~:"'_II_ ~i!!.
~'";t f1, co
:'''3_ co!l."
_r~, ~ ~.g
~ ~' ~~
'I .,
~ i ~~
I" ",ft
? ~
t ~
, l
-,
th-
I't
.>-
P2..
H~,
0'-'"
~[~
I ~,~
V
'",'
"
Oil
iii.
::~ 1
.'.
*~~
'!~
f'.
l
0"'0"''''
~H:~ <"> ",,.
3 ~ SO l[iii'~
a,:,:! ih":8
. ~-:> ;~~~~
m~;; l.!
:~~~ E; .!
;,-if t-~
~~ i ~ I i ~r
::H ~ 00
:1. ig f ~~
ll.:;h ~~
... 2. ~ 0 h _
hig ,I a
,. i' _~
s.! [~
~; :~
-11,&
,"<
~H'~
"-~l.i
>
S"~
S.s.Hi~ii'
-H~~:il'
h,p~~i
inim
g ~~ ~~~:
i$S ~~-g~
=~~:~:R
1 ~
a~
0'
:1
~[
"'S'
!'
o
,
<
.g." I
...-......
:q1
-t~;
l~ i-
~~!i[
o;l-" 5'~ .
h8ft~
~ "....ga
gh-;'~
" .
.. a.Si' ~....
l~l;~
~~.i~i
fg~:~
, i.}i-;[
~~2.. ~ ~
~~gg~
\,:;n
';-:i ~;
o ~. 00
i!~~i
'!oil"
i~-[
H2..
~:g
.'"
Hi
".: ~
,..
g~&.
H
!~
~s
.:
"
;!
fi.;
"
It
'D
i! l~
!~ ;:5:J:'
:~ ~~~
~~ ;g~
,;-z XI
'. ;;;l
a--< rn
9:~ ~
q
~i
H
"-
fil
n
n
H
~~
H
ftg
; >> > > >
n ! ! ! !
., I [ [ [
-.
"
;;2.. z ~ ~ ~
I. 0
&.~ .
H g g g
I ;; ;; . .
i . . . .
, ~ ~ i w
, ~ ~
> . 0 0
i 0 0 w 0
~ i i i
i 'Ii:
[ ~ ~ " ,
, .
1 " ;; 0;
.
,
~ '
'-
. ~,
f
o
.
, ~
"
.
, n
~
!-;
i!
:0- :::F.l
c m
= C')
,- m
~ :<
= m
=
= 0
o
~
O'
~.g
"3
~~~
g-g-u
~~~
00
~f~
::> ~:;;-
00
0"",
~~:
. "~
n _ .
~ g ~
00.
o. 0
~ ~ t.
".
"-:TVl
~d ~~
:~~~
'" ~,o "U
;'..:g-~
N_,
"J;;'~:l
'lil J:! ~ ~
<.nS--;-~
...
a.
"'t
-
[C
,
~
g
;:. ~;r.
z S "
? ro'1:
" ~
> P."
g"s
~ c
;; ~ ~
" ""
r;?-:
~ (
" ""
, 0 ,
~ ~ f
~ a.
,"" ,
~ 8 (
:n ~ t
:-"<'"'"t
>> ,
:" ~'
j; ~ .
:;I P .
i;;'III.'~------- ".---- ".---
fl'"
,II'"
'I'llltf
illlli
,'UP
1"1If
l,!ll'
.2
"
~~(J)
;'
~~
F~~~
1'!S"~
01."",8-3::
~~~~~~
_~ _"",Vl
~~~~S3
Ig...,. ~~
_~""". C"J
~~~
....~~g....o
f~~gZ
::~.j;~ ~
~ ~ r:;
. ~
to-.
<:>
~
p~
q-",
~:t..
~
:t..",
~ b
~ '"
. ~
III
~~
Cl"!
., OJ
III
<>.tIJ
<:> "
""
~
"
"
"
'<~:::::====-=====
\
I
I
--.-- -- - - ---'-........~
--e------ -0..;..;--' ----
..,
~
~1i'Il'!r
o.
&_ ~i~~:~E~~i~~~;~~C~:~
il
Ii
n
n
o
. ~
I; ~
i! :
. n .
.
/
0)
"0)
g:"
.,0
.; 0'
00'0"
o'~
"
0)
"
0'
c.tD
. .
~ .
00 "
:;
"
0)
"
0',"
C. 0 "
3: s: 5"
~. ::l! rn
o
"
,
~
.'
.
,...
o
...;
tD
z
o
::?,
~
/
/
///
/
/
I
I
I
)
/'
~ S t
"
~ -r ~
';d 0 ,~'iilt
...;\
\
\
,~~
/ '\
/ \
\
\
,...
o
...;
\
,
\/
//
N
I I ; :t~ !i,l I ill: ~!III .
. ~
r It.. f 'i J. \ a t~
!! ,,!I! II II! !hl!
"~it -; ,I 'l flo-t
~ I I I II .'t" I! ".!,
i 1 Ii - 11.1 i "Ii uti:
~~ "'I Ii' ( ,'1"
... I Ii" h : 'Ii !'I"!
",13
~ I ' If, !~! ~ ~!ll!li!
~ filii' n r
I (I ,i" i .f III I..
. ,lHI Ill! 1>' II P
II. ' '"'I! " 'if .!l .
I , t I !ii. 'II I tll 1Jm
~J i ',11 !'l' . I fill
~ . HI' It,! t.! p;
~-. II .1 T' 'I' f!l'
l' ill!' 'rl '-I
'llb','''' 'f, '~r, t"
'It. ;11' 'I! !~j
.!.~ I - ~~ H
. .,
fl '
" '
,...
o
...;
i-
,-
i!!!!
~=
In
'm
iii
.-
.-
II~i III
';!'~
t-<
~~
.......04
::t..1U
::t..-o
~e-
~...c
p~
~~
i:l..
:;c:.,.
:.,.~~
~ ~
~ ~~
C"') e-I::l
~.'""
8" :'S. ~
~ ~.::>
~c
Cl b '"
'1. ,,~
IliJl!Il'
lltl'"
i'llllll
il,".
Ill.ll',
fr.'lI-
I,l!l'
:~
!;(J)
;'
: ~
F~~~
l[~~:~
~\l.';".t:;:,..,
~h5:;~
1a;~~C)
~~~~~
E...a-:,o~o
~~~:8:t
~~~~ ~
t: ~ ~
. ~
t-.
o
~
0......
q-l"-
e.,:..
~
~~
~ ~
, "
..
&~
.....0
o ~
~
2-g>
.,.
'"
i'll
" ,
Ii'.!
'11\'
il!Pi
I
i
~HU~
~~
ll;U
{; ~~
g..
-
._----~--~- ~
"'" 19UX'. ...~().. ~
m~r:l".'V u~~l<
I 'l'li !I jlHlh'l! ~
lp !l!II'<1I ,pl6
I'll:!' .III! lili~"l
I!,. I" _" !!
~ :Ii ~ ~ , ,
~ :;:; H 6
11 ..
lUu
I'll
'.
iiik
i,ll'f
""
- ,
';1'
~~f
Ip!
il'.
f!.:'
rl~f
~ p
{h;
'N
t .
lI:l~m ~W
jII,I.n I' j
,'n~lil' 'PI
11l'11! i'!!1
ffJ i ~ :
~'Il hi'
I'l! Ii ;
1'111" III
}'; -I. ,',
III!J" ~!;
.!.>>i! 1,1
i~:II!!~ Ir
!~lll'!1 ;,1
!.Il It ~~
I" If I
,
~
Q
~
~
, ,
, ,
, ,
))
"
'.
"
"
"
"
"
"
"
,'\,','
"
"
"
'.
"
"
" ,
// ~ ~
// ~ i
// ~ JI
// j'l
" ,
6/
- 1"1
" ,
" ,
\ \\
" ,
\ '\\,
"~:"~
0,
/
'",'--.;: "
", '::::--"'"
'" '~'\
~~---~...,~'~
""""0.
"
,I
!
~
Q
~
w
~
Q
~
'"
Oi
,!=
:!.
,i-
i!_
...
,ii
:--
:~~
':l,i
~J.~:"
~
~
~
~
"
:;
~
it
,.
"
~
..
~
I;
'I
.
. ~- V
:;
~
'"
~'R!
t-.
a
"""
t;:
P:..~
q- '" t;;.
'6~
C (b ::;.
....b.,.
:..
~ ~~
tb 1'0 t:l
!=l ~~
<'l ~ ~.
i2.. '"
~ V)
.. l::: ~
t:l. "''tl
<:> t:l.
....
;So
~
a'
b
aJ
~
"
~
':/""
iIO~~
tt~~a
~ I I I
. .'
I l I
;~ l
,-
.... 1'1'
!_ u-
i= -,I
!I!!!! -
:; ~
~~
:~!i ~
;:0" .u
;
-
,\
.',- \ '-
\..':"',\ '-
,,\\ \'-
"'\ . , .
<""'" '\\\ ./
" '''0.'\\/
-",/
,'X"
:\ ' "-
"." ", " <..---'
\ " "" /':'
. , /' /'
\ ">0'
"'v:->'
..,..
= /
.
-
! :
.
,
Ii
.
(
-"
\
\/"
/'
II
i
/'
..l
;~ II ~ In:'
:!S)> i
~
-
The Aspen Institute
Doerr-Hosier Center
JEFFREY El'ERKUS ARCmTECTS' I
9'::'~""'~::'~'::-~~~~
.......... ~"'.L<..'
JOBOliIst:HORBIllW!.IN.'lR'eRITI!CT
CMC~~~.-': <Y>"'~';
A.____ ....1__...1__""'... A....._...._ rn
.---------..------
, I
(
~t.i'li
ilil;!
\Inil
~hl!i
'.aUI
,
a I-O.",ffi
-~
t'~~~O
i liP
i !i i
i ~ I
~-
.....
!;;;!
~=
-15
'm
;;;;;
.-
,:I
Iq~
...0;
;!~!
~
!i
!
/
\ /
\/
~
'i
i
.1.
..L
~~n
-
The Aspen Institute
Doerr-Hosier Center
A..nen Meadows. Aspen, CO.
--
...."...c
JEFFREY REKKUS ARCmTl!CTS .
~nw..............<:O~lIU
"ll-m_1QI~.~..''''-92~..llJl
......,..,~ ...,!t....
1000001!.flaft$lI1!Rlmi'fAlCHfl'ECT
ClVlCFORlJM~IM.
P.Q.Bo:.""....,....roll/iU
'.......il-02;Il_~..II'1041G-7n3
!:il _
ilii v>
iil :"3
.: ~
:=:; -
'HiS \.
_5...
;h~ ':'-:J
r()i
~ ~ -
.. TbeAspe. nl nsti tut.e..... IEI'FREY.';j.~~~~~;,i~~~~ C
Doerr-Hosier Center ,_~;;,c;;rncr
_ CIVICFOtwMAs6ocialfSinC-
A..",..n M@adows. ASDen. co. =.'::"'=';;'
:~
: I
I'}
II ,
.
,
en
o
~
~
~
en
....
.
~.
;~ nn
en
o
~
::t
~
m
....
I
I
I
I
\
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
b
I
I~
;
I
HI
.
Ii i '
{) )Ij
!./J,
I
I
1
1
I
5 I
~ I
m :1
i
1
1-,---
ill
i' ii!
n~
Iii
,
,
,
; I
, ;
, . ;
j ;. .
, I 3 II
IJ
n
Ii
Ii
z
~
;r.
m
)>
(I),
-i !i
II
II
..
'I
1 I I
I I I 1 u
. . I, !hl b ,.
, . 'I
: , i ~m
II "I '1
:11 I II i==
;;;;;;
i=
I 1m
'!!!!
iii
.=
=!I!&i
I..",
:j;i
,,:...
;
-L
ill~ n. n~l
:~ . !
-L ~
The Aspen Institute lE.my BBBKUS ARc.mEers' n
. . ~~~ft~t.'l~~f..~i}.
Doerr-Hosier Center ,__,_",u"",
JOEDlISQreE!lI!1lUl1l'l..ucHIniCT
crw: lIORUMJ.uodlIoflos tn..
A~n.pn Mpat1nw~_ A~npn_ co. ~_~~~~~!.
I
U;:.m the receipt of such retition. the Ci:y Couned ~J:all pwrnptly scl1cdulc a hearing to
(;'(Illsidcf tl1.~ mailers set forth in the ccase and desist order and in lh~ petition. The
lK'Jring $11;.11 be convened and conducted pUrSU3n1 to the pro.:.:t:durcs normally establi:-.hcd
by the Cily Council for other hearings or pursu:mt to such other procedures. fe-fmal or
inr'"ormal. upon v.:hich the City and the ~on.Cor.lplying l-.fcmber .shall a~rc('. If the City
Council ,jctcrmincs by the evidence that a non-compliance exists whkh has not been
rCPlcdiCiJ, it may issue such orders as may be appropriate: pr~l\.'dcd. howe\'er. no Nucr
I::rminar.ing any approval granted herein shall be issued \'.:iii:,., ; :~ finding of lhe City
Counci', thal cv:dcncc wanants such action and affording the Non-Complying Membcr
:t reascJnabJe timc. not less than thirty days. to remedy such non-compliance. :\ final
determination of !'1(H1-compliancc which has not been remedied or f(lT which no \'Jrianci::
has b(:cn granted In;,!Y. at the option of tbe City Council. and ..(lOP written notice to the
;\:on-('oH1plying MC"r'~.lL'r. termin;;.lt: any of the approvais conf:li:1cd herein which Jrc:
n:as0nably n:lat~d :0 the r('qtlirel11c,'I~';) with which thcre has b::en SUC~I cstablislll.:'\i non-
compliance; ;lOwc\'cr. uri<lcr no cirCUm"i[.lnccs will a failure to comply on the part of the
Non-Complying ~1cmbcr i:1 respect 0:- ar.y oblig~tions thal :1'.Icnd rhat compone!!t of !he
I'ro.;cct (or which it is responsib1e as outlined above, affec! the app:-oval.s for any of the
r.:maining components of tho; PTl".ject. The CityCollncil may frant sud1 variJnecs,
c-xlcnsions Of time or ~li'::-nd::1ents tn this Agrccmcm as !t may deem appropriate under
li;c: circumSIJf".ces as an alternative di-"pc3itioi1 of any finding of n~ll-complian('c.
f
',"
..
I
I
667
771
r
I
r
[
I
I.
/ In addition to the foregoing, the Consonit:m or its ~lIccc~.sors or as:.;:gn:i, or <lny member
thc,"'eof may, on its or their O\..'n initiative, j"letitiOil tne City Council for a variance. an
amendment to thi~ ^greement. or an exten~;ion of Ct1~ (Ir l11(1rc Dr th~' tilll~' paiods
rl'quin:d for pc. formance hereunder. Cl otherwise. The City Council n~~y grant sllch
~'~lri;mccs. amendment.s to this Agreement. or e:-::te:1sions of time a'i it may ul:crn
arpropriate under the circumstances; provided in ~1I events tlla! the City Council shall
not ur.rcasonably refuse to extend the time periods for p..:rforrn;in(:~ indicalcd in one or
11:or(: of the Construction Schedules if t111: affected mer,:'Jer or tll~ Consortium
demonstrates that the reasons for the dela:/(s) which necessitate such eXlcnsion(s) arc
beyond the control of slIch member. dcspite good fdith efforls on its pJrt to pL'rform in
a tinlL.]Y manner. Notwithstand:ng :J.nything in Ihis S~ction R to the contrary. IhC'
'-Jrcgoing concerning non-co:Tlphancc 3.nd requests for amendments. or extensions s!mll
IlC'lt :!pply in connection with any matter with respect to which l!lC Aspen Ci~y Charter
0;" 'tbe ~lunicip~1 Code hJS invested original jurisdiction in other boards, such :l.S the
Board oi Appeals ar.cj Examiners. With respect to stich m;::ttcrs the rules of practice and
~rT('lcedure eSlablished for and/or by stich boards shall. in the first instance. apply'.
:'\on..:ompJianC'c with one or more of the Construction Schedules set forth above Que to
difliculties with ClInd raising or other occurrences olltside of the control of the non-prolit
lI1em;lers of the COr.~01 tium shall be examined in c:.ny non-compliance hearing before the
City Council and can be a basis for granting a vari:J.nce from an extension of any of stich
\\:hcdu:cs. "
[
I i
II
I
I
I
,
:'7
...-~
, \.~;:
I
I .
I
i~
;C
,
~
;rJ
* il.
f)(\J1prt0"i
, _. .~'. ..~.,f';;~"::
667 T,O
Prr';>crty. subject to rC':1'\01~abh:: rCful:\lit1;1S a" m:lY. fr(11ll time to lime, h.
established by the owners thereof in order to pwtL'([ tilL'ir pr(lpcny, as \\l'il ;1', \111.:
academic privacy and scn:ni!y of the c:\mplls. ilS pn1gr;\111'i and lhi..: hl\dlll ;\lHI
safety of other users and visitors.
l..l.) MA:\ Parkin" Lot. The MAA parkmg lot sInH be plo;\'lx! .md Li'\ \,;lC;\f 'If SI'OW
during all wintertime pCrfOrlll<lI1CCS or functions at ~.t:\!\ fal.:ilitit.::-.
Ill. ~HSCI:Lr...\:-;l"UJ~
:\. PERIODIC PROJf-:CT REVIE\VS
To tIle ex[ent practical ar.~ ncv;.\.HtIY. CVtl) ~:~ mamhs followin!! the dale I1L'fl.,(,r ulllil
the construction of ail componcn13 of the Prc.jcct is complete, 1Iil' Consorl:um shall, if
requested [hereby. meet \',:ith the City Planning Oflicc for the purpose of inrornll;l~~ the
Plannmg Office as to thc p~og:res.i in developing the rrnjL'.:t ;'JUrs~lant to thc terms hereof.
If the Planning Officc deems it neccss:try. the r'i;mning Onice will report to the ^,~pen
PI:!.nning and Zoning Commission on the outcome of OriC or morc of thl'SC Illcl.:tings,
The Consortium and the City rl.:CC1gnizc tli:1t thcse mcetings, wlll'n deemcd lleCCS~;\r:'. arc
for purposes of providing progress reports and dc\'c10ping. Illlltu:J.lIy accerllJble solutions
to any problems that may he encountered during constr.,~!..ti()n.
."ON.r.()~IPLl,\NCI' AND REOtJEST FOR ,\~IEND1;!rNTS OI~ E:>;TENSJONS
in the cvent that thc City dctermines that an individual member of tile Consortiulll is not
acting in substanti~! compliance with the terms of this Agrecment ;ll1d/or ene or more of
the Constr'Jctio!1 Schedules submitted to the City Engineering Department in acconbnce
herewith (a "Non.Complying Mcmhcr"), the City Council may issue and SCT'\'C upon the
Non-Complying Member a written order ~;pe~;f;<,lg the alleged non-compliance and
,cq'.liring thc Non-Complying r-.fcml1'~r to remcdy the s.-:.me within such reason:lblc time
as the City Council may d('tcrminc. Within twenty days of the receipt of such order, the
]'\on-Complying Member may fill.: with the City Council either a notice advising the City
Council that it is in compli;:nce or a \vritten petition requesting a hearing to determine
any aile or both of the follow.ng mallers:
(:1) \Vhether the alleged non-compliance exi~IS (If d:d exist. or
(bl Whcther a '.'ariance, extension of time or amendment to this Agrcc:'llcnt SllOUld
be grantee with respect to any such nrlO-compliancc which is determined to exist.
.
.'6
,.....~
~\.
.
~
;c
,
.!J
1"
'-..a-~T"
...... '- . :..- 't.'
..;-r. ~ .:A ',- . ~
,>' ~;1~~ .;UV~. . .~.
.fri!'~' "~':r!-"tk':',,';!
. ',. 11''''<' .
~ '," , .
.. ,.. . ,:' ~ . .
-4 1':;':... \1.--
':;~'~;,r: ,.....,
::-" 'I
. - ~;_:.'~_..' .'. -....~,,-;. 0-
r, . ~-~ . -,;~;t~+.~~';'::;;'~~ ._ _ -
" aY~..i.:;;'-.t.";.'";'::",: '. .......- r-.!~~ I
Parapct Wall Vicw From Front of Building
South- West Elevation
Parapet Wall View From Side of Building
North- West Elcvation
b
-
Parapet Wall V'
Jew From U '
Looking N tl pper 1 errace
or 1- Wcst
I
.
I
I
....--.
_.
.
- .
'4
:;f~
"- -
View of Mech .
Hidden bva;lcal Equipment
. arapet Wall
EX\ii'o)tD
CURTIS
'&> ASSOCIATES
MEMORANDUM
TO:
Jarnes Lindt,
Todd Grange,
Aspen Community Deve. Office
Aspen Zoning Officer
FROM:
Jim Curtis
Aspen Institute Owner's Representative
DATE:
August 28, 2006
RE:
Non-Compliance Petition & Minor SPA Variance Request
For Rooftop Parapet Wall Height
Conference & Meeting Hall Building (aka Doerr-Hosier Center)
870 Meadows Road, Parcel # 2735-121-29008
Aspen Institute, Owner
Request
The Aspen Institute respectfully requests a 2'-6" height variance for a rooftop
parapet wall surrounding and screening the mechanical equipment on the north roof of
the Doerr-Hosier Center currently under construction. The parapet wall has been
constructed (but not finished), and only recently did it come to our attention the wall was
higher than the parapet wall shown on the SPA (Specially Planned Area) drawings. The
parapet wall hides 2 pieces oflarge rooftop mechanical equipment (air handling units)
from the view of the public and the slightly higher wall is felt to be the best solution to
hide the rooftop equipment. The alternative is to lower the parapet wall and expose the
upper 2'-6" of the rooftop equipment to public view.
The approved SPA drawings showed a parapet wall of approximately 4'-8" vs. the
higher wall of approximately 7'-2". The SPA drawings were approved and recorded on
April 18, 2005, prior to the September 2005 groundbreaking of the building. As is fairly
typical, at the time the SPA drawings were recorded, the architect did not know the exact
size of the rnechanical equipment. He did know that mechanical equipment would be on
the rooftop and that a parapet wall would be necessary to screen the equipment.
SPA VarReqDoerr-Hosier08286
I
300 East Hyman Avenue' Second Floor . Aspen, Colorado 81611. ph: (970) 920-1395' fax: (970) 925-5046
Subsequently, the Aspen Institute committed that the building would be a "green"
LEEDS Certified Building, which it will be, but because of this some of the mechanical
equipment became slightly larger to be "more green" and quieter. Therefore, the parapet
wall was built slightly higher to hide the slightly larger "greener" mechanical equipment.
The parapet wall will be covered in a gray non-reflective zinc metal paneling consistent
with the SPA drawings.
Backl!:round
In late July, I received a call from Mr. Todd Grange, Zoning Officer, saying he
had received a call from a resident asking us to check the Doerr-Hosier building heights.
Pursuant to Mr. Grange's request, we survey checked the building heights and found all
heights were in compliance or slightly lower than the SPA drawings other than the
parapet wall surrounding the mechanical equipment on the north roof of the building.
Once the survey heights were known, Mr. Grange and Mr. Stephen Kanipe did an
inspection ofthe building with us. I have also recently inspected the building with Pitkin
Green neighbors whose view planes are most directly impacted by the building. All
parties I have personally spoken with feel keeping the higher parapet wall is preferred to
lowering the parapet wall and exposing the mechanical equipment to view.
Procedurally, the original 1992 SPA Agreement envisioned these type of minor
adjustments and established a straightforward manner to handle them under Article
III(B)-Non-Compliance and Request for Amendments or Extensions.
I and the Aspen Institute both thank you for your consideration of this item.
cc: Amy Margerum, Aspen Institute
SPA VarReqDoerr-Hosier08286
2
MEMORANDUM
\Xa
Mayor Klanderud and City Council
Ben Gagnon, Special Projects Planner ~
Chris Bendon, Director, Community Development ~W)
Jewish Community Center 435 W. Main St.
Growth Management Review, Subdivision Review and Historic
Designation Public Hearing, 2nd Reading of Ordinance No. 36, Series of
2006.
TO:
FROM:
THROUGH:
RE:
DATE:
September 25, 2006
ApPLICANT:
Jewish Resource Center Chabad of Aspen,
represented by Alan Richman Planning
Services.
REPRESENT A T1VE:
Alan Richman Planning Services
LOCATION:
435 W. Main Street, Lots A-I, Block 38.
CURRENT ZONING:
Mixed Use
SUMMARY:
The applicant requests approval of a
Growth Management Review as an
Essential Public Facility, and Subdivision
review.
STAFF RECOMMENDATION:
Staff recommends that the City Council
approve a Growth Management Review as
an Essential Public Facility and
Subdivision review, with conditions. Staff
strongly supports this development as an
Essential Public Facility due to the
provision of a Pre-School, teen and adult
educational programming and a place of
worship for one of the world's oldest
religious traditions. The proposal also
meets the intent of each chapter in the
AACP, due to the preservation and
designation of historic structures, the
incorporation of affordable housing on-
site, its location in the Infill Area and along
a transit route, the building's context-
sensitive design, and the provision of
cultural education and promotion of
diversity.
PROPOSED COUNCIL REVIEW PROCESS:
. Brief description of the two approval requests as listed above;
. Historic Preservation Officer Amy Guthrie's description of the HPC process to
this point and taking questions;
. Applicant's overview ofHPC process and current requests;
. Staff review ofP&Z approval and key issues;
. Council identification and discussion of key issues and any additional
information needed from staff or the applicant;
. Public comment.
1
PROJECT SUMMARY:
The subject property is currently owned by the Jewish Resource Center Chabad of
Aspen, which currently holds religious services in a single-family home on the
property. The existing 18 cabins are currently rented out for lodging. There
is a variety of programming planned for the new Center:
~ The Pre-School is the only activity the Center is planning on each weekday, from
8 am to 4 pm, and the Center expects up to 40 children to attend.
~ The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm,
and is expected to attract up to 10 children.
~ The Adult Education programs are offered two nights per week from 8 pm to 10
pm, and are expected to attract 15-25 people.
~ Teen Program is planned for one night per month from 6 pm to 8 pm, and is
expected to attract 20-25 people.
~ Religious services are scheduled each Friday evening and Saturday morning, with
attendance expected in the range of 40-50 people.
~ The special events planned at the Center are expected to generate attendance
ranging from 50 to 200 people. These special events will range from films and
lectures to barmitzvahs and weddings. The applicant has agreed to limit these
special events to no more than ten (10) per year.
DIMENSIONAL REQUIREMENTS & PROPOSED CONDITIONS TABLE:
NOTE 1: HPC has granted a variance for the front yard selback for the hisloric cabin at Conceplual Review
and will consider granling a variance for Ihe front yard selback for the new buildings at Final Review.
NOTE 2: HPC has granted a variance for the side yard selbacks for Ihe existing hisloric cabin along Third
Slreet at Conceptual review. An encroachmenllicense was previously granled by Ihe City for Ihe cabin Ihat
extends onto Ihe public right of way (see Clerk and Recorder Reception No. 396080).
2
HISTORIC PRESERV A nON COMMISSION REVIEW:
DESIGNATION OF HISTORIC PROPERTIES: Applicants for historic designation must show that a
structure meets the criteria, pursuant to Section 26.415.030(B). The HPC makes a
recommendation to City Council to approve, approve with conditions or deny an
application. Final Review Authority: City Council.
CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT: This review is required for the
construction of a new structure within a Historic District, and requires approval by the
HPC of a Conceptual Development Plan, and then a Final Development Plan, pursuant to
Section 26.415.070(D)I(a-f). Final Review Authority: Historic Preservation Commission.
HISTORIC DESIGNATION
26.415.030B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and
Structures, an individual building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance.
The significance ofthe property located at 435 W. Main Street was evaluated
according to the following criteria:
1. The property was constructed at least forty (40) years prior to the year in
which the application for designation is being made and the property possesses
sufficient integrity of location, setting, design, materials, workmanship, and
association and is related to one or more of the following:
a. An event, pattern, or trend that has made a significant
contribution to local, state, regional or national history,
b. People whose specific contributions to local, state, regional
or national history is deemed important and can be
identified and documented,
c. A physical design that embodies the distinctive
characteristics of a type, period or method of construction,
or represents the technical or aesthetic achievements of a
recognized designer, craftsman or design philosophy that is
deemed important.
Staff Response: According to the Assessor's
office, the cabins on this site were built in 1940.
Quoting from the white paper that has been
prepared by the Community Development
Department titled, "Aspen's 20th Century
Architecture: Rustic Style Buildings,"
"In Aspen, Colorado, Rustic Style cabins used
as lodges and residences, began to be built in
the 1930's, though the tourism industry was
Circa Mid_20th Century photo
of 435 W. Main Street
still in its infancy. The Waterman Cabins, built in 1937, and once located at the
corner of ih and Hallam Streets, have since been demolished, but were one of
Aspen's first group of small tourist cottages. The Swiss Chalets (now L'Auberge,
and suffering from the "chalet" misnomer- as they are indeed, in the rustic style) are
located at 435 W. Main Street, and were built during roughly the same period.
Prescient, and perhaps with a nod to the automobile's growing influence in American
society, a motor court configuration at the Chalets allowed guests to drive right up to
the individual units."
Stafffound that 435 W. Main Street helps to illustrate the trends related to early
development oftourism in Aspen and therefore meets "Criterion A."
"Criterion B" can be difficult to apply for recent past properties because for the most part
they are associated with persons who are living and whose contributions to history cannot
be evaluated without bias. At present, staff does not have information that would support
a finding that "Criterion B" is met.
The Rustic Style paper defines the distinctive characteristics that must be present in order
to meet "Criterion C." They are:
. Hand built structures that are constructed out oflocally available materials,
usually log; stone may be incorporated at the base, or in the form of a fireplace
and chimney. Later examples include machine cut logs.
. The buildings are usually single story, with a low-pitched gable roof.
. True log construction with overlapping log ends, coped and stacked. Logs may
be dressed and flattened for stacking or may be in rough form. Chinking infills
the irregularities between the logs either way. Machine made buildings mimic
these details, though without the chinking.
. Window openings are spare and usually horizontally proportioned, wood trim is
used to finish out the window openings.
. Building plans are simple rectangular forms, with smaller additive elements.
. The roof springs from the log wall, and gable ends are often infilled with
standard framing. This may be a small triangle or a second level of living
space.
. The emphasis is on hand-made materials and the details stem from the use of the
materials, otherwise the detail and decoration is minimal.
Staff finds that 435 W. Main Street exhibits all of these fundamental characteristics and
meets "Criterion C." These small cabins are hand-built, rectangular frame structures with
board and batten siding, which was a common material for the style along with log. Each
building has a chimney and a limited number of small windows.
The property meets two of the three designation criteria, which leaves the question of
integrity to be evaluated. Integrity can be measured through the scoring system that HPC
4
has developed. Staff has completed site visits and an initial assessment for all of the
remaining Rustic style buildings constructed during the local period of significance,
which has been identified as pre-World War II until the early 1970's. At least 20
buildings exist in town that might be considered important within the Rustic style,
including residences and lodges. Only four of these properties, 308 Park Avenue, 300 W.
Main Street, 501 W. Main Street, and 304 W. Hallam Street, are currently landmarked.
In general the L' Auberge cabins are well preserved. Two are connected together. It is
not clear if this is an original condition or not. It dates from at least 1969 based on aerial
photographs. Staff's integrity assessment for 435 W. Main is that the property warrants
85 out of 100 points, which is above the 75 point minimum requirement. The least
successful aspect of the property's integrity is preservation of the setting, which has been
greatly impacted.
Staff supports landmark designation for this property. For clarification, designations are
always defined by the entire boundary of the property, and not limited to individual
structures on a lot. In August 2005, the HPC voted 5-0 to recommend approval of the
landmark request.
MAJOR DEVELOPMENT
The applicant and the Historic Preservation Commission met during a series of public
hearings over 18 months, resulting in the HPC granting Conceptual Approval for a Major
Development in August 2005. Historic Preservation Officer Amy Guthrie will briefthe
Council on the HPC process. The following is a brief recounting of the HPC's review of
the application, which focused on several issues and factors, including:
. Preservation and historic designation of the 1940's-era cabins;
. Retention of some of the cabins on-site;
. The new development's relationship to the height + scale of the cabins and
other designated buildings in the district;
. The FAR that is allowable for the property.
Ultimately, the HPC granted Conceptual Approval for a Major Development that
features two buildings with a recessed connector element, intended to respect the
context of Main Street by breaking up the mass of the project. In addition, the
applicant agreed to retain six cabins at their existing locations on-site and apply
for historic designation of the cabins. Also, the new building to be located
adjacent to the cabins at the east side of the site is reduced in height and scale to
respect the height of the cabins. Breaking up the massing of buildings and
reducing the height of buildings through the HPC process resulted in a
proposal that is substantially below the allowable FAR for the site. Of the
26,981 square feet allowed under the code for the MU Zone District for this
property, the proposal calls for 19,645 square feet, or about 73% of the allowable
FAR. This total amount of FAR includes 1,268 square feet of affordable housing.
5
As the project evolved, encroachments into the setbacks developed,
including front yard setback variances for a portion of the new building, and
variances on the minimum distance between the new buildings and the front of
the historic cabins. Staff recommends resolution of remaining dimensional
variances be left for HPC Final Review.
As part of Resolution No. 31, Series of2005, the HPC:
. Granted Conceptual approval for a Major Development;
. Recommended Council approval of Historic Designation, which includes the
retention of six cabins on-site;
. Granted approval to relocate three additional cabins off-site, pending the
location of a satisfactory receiver site and method of relocation;
. Granted setback variances for the existing cabins;
. Stated its intention to approve a parking waiver pending P&Z and Council's
recommendations related to parking.
PLANNING AND ZONING COMMISSION REVIEW:
GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION: This review
determines the number of employees to be generated by the development, pursuant to
criteria outlined in Section 26.470.050(A)I(a-f). Final Review Authority: Planning and
Zoning Commission.
SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS: This review establishes
off-street parking requirements, pursuant to criteria outlined in Section 26.5 I 5.040(A)I-
3. Final Review Authority: Planning and Zoning Commission.
The applicant's second step in the review process was two public hearings before
the Planning and Zoning Commission (please see Exhibit C: P&Z Minutes). The
P&Z approved a Growth Management Review to determine employee generation,
and a Special Review to establish off-street parking requirements. While the P&Z
has final authority under both of these review processes, the substantive issues of
affordable housing mitigation and off-street parking will be part of Council's
Growth Management Review as an Essential Public Facilitv. The following
recounting of these issues as presented to the P&Z includes a review of the
Council's role regarding these issues under the Growth Management Review
as an Essential Public Facility. The P&Z recommended that City Council approve
a Growth Management Review as an Essential Public Facility, and Subdivision
review.
Determination of Employee Generation
The Planning and Zoning Commission determined employee generation at 9.63
employees, relying on an analysis of the application by the Aspen Pitkin County
Housing Authority (please see Exhibit G). In addition, the applicant has agreed to
a condition of approval that requires an employee generation audit two years
6
from the issuance of the certificate of occupancy to confirm that the employee
generation forecast was accurate.
Under the Growth Management Review as an Essential Public Facility, it will be
Citv Council's decision to establish the appropriate mitigation for the 9.63
emplovees. The proposal includes three cabins as Category 2 rental affordable
housing: two studios and one, one-bedroom, which mitigates for 4.25 FTEs. The
APCHA Board has recommended that the three affordable housing units on-site
are sufficient mitigation for this project. Staff agrees that this 44% rate of
mitigation is appropriate for this project, and a condition of approval requires that
any additional FTEs generated in the future be mitigated at the same rate.
Establishing Off-Street Parking Requirements
The limited number of off-street parking (9 spaces) approved as part of the P&Z
Special Review to Establish Off-Street Parking Requirements is a result of several
factors related to the physical constraints of the site, the design of the site plan,
the location of the site, and the future programming and operation of the Center,
including:
. A private covenant by the former owners and a neighboring property owner
establishing a 20- foot open space reservation in the southwest corner of the
property;
. HPC recommendation to retain six cabins on the site;
. HPC recommendations to lower height at the east of the property and the
breaking up of masses, resulting in the relocation of several functions into
sub-grade areas, eliminating the potential for sub-grade parking.
. The staggering of programming and events at the Center throughout the day
and week, reducing parking pressure on neighboring streets;
. Use of the parking spaces off the alley as a one-way, continuous movement
drop-off and pick -up area facilitated by staff for pre-school operations at the
Center;
. The availability of on-street parking in the neighborhood as demonstrated by
the applicant's parking study;
. The location of the Center on a transit route;
. The provision of bike racks and free bus passes for employees;
. The commitment to car-pooling and ongoing communication with users of the
Center regarding the lack of on-site parking.
One of the criteria of the Growth Management Review as an Essential Public
Facility, which Council will review, requires that a project "represents minimal
additional demand on public infrastructure or such additional demand is
mitigated through improvements proposed as part of the project. Public
infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communications utilities, drainage control, fire and police protection,
solid waste disposal, oarkinf! and road and transit services.
7
While the P&Z approved a Special Review to Establish Off-Street Parking
Requirements, the Council will be able to review the subiect of parking under its
Growth Management Review as an Essential Public Facility.
Center Programming & Parking
While there is a variety of programming planned for the Center, these distinct
uses are staggered throughout the day, from 8 am to 10 pm. In addition, some uses
will create drop-off and pick-up scenarios, while others will attract a mixture of
short-term and long-term parking.
The proposed Pre-School is the only activity the Center is planning on each
weekday, from 8 am to 4 pm, and while the Center expects up to 40 children to
attend, the mode of transportation is a drop-off and pick-up scenario. The
applicant has agreed to a condition of approval requiring the use of seven (7)
parking spaces and safety cones to create a one-way, continuous-movement drop-
off program facilitated by staff at the Center, rather than using these seven
parking spaces as traditional parking spaces for pre-school drop-off and pick-up.
The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm,
and is expected to attract up to 10 children under a similar drop-off scenario. The
schedule avoids overlapping with the end of Pre-School, thereby staggering drop-
off activities.
The Adult Education programs are offered two nights per week from 8 pm to 10
pm, and are expected to attract 15-25 people, and the Teen Program is planned for
one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people.
Both of these programs are expected to generate short-term parking, but at
different times of the evening.
Religious services are scheduled each Friday evening and Saturday morning, with
attendance expected in the range of 40-50 people. Because it is typical that
couples and families attend these religious services, there is a natural carpooling
effect. In addition, some attendees will adhere to the traditional Jewish prohibition
on driving during these times, and will use alternate modes of transport to attend.
The special events planned at the Center are expected to generate the largest
demand for parking, with attendance ranging from 50 to 200 people. The
applicant has agreed to a condition that limits the number of these events to 10 per
year. If more special events are to be held, the condition of approval requires the
Center to undergo a review of its employee generation - with the potential for
additional mitigation -- and an additional Special Review of its off-street parking
requirements before the Planning and Zoning Commission. In addition, the
applicant has agreed to a condition requiring starting times for special events
no earlier than 6 pm during the winter season and no earlier than 7 pm during the
summer season. The intent is to hold these events when on-street parking is more
8
readily available, after those who work in nearby offices and retail stores have left
the area.
These special events will range from films and lectures to barmitzvahs and
weddings. Although it is impossible to calculate a percentage, family celebrations
are expected to generate attendance from extended family, who are likely to stay
with relatives or in lodges that provide van services. The special events will place
the largest demand on street parking in the neighborhood.
Applicant's Parking Study
The applicant submitted a parking study in 2004 by Fellsburg Holt and Ullevig
(FHU), and submitted an updated study by FHU in May 2006, which
considers the implementation of the bus lane on Main Street and the
accompanying reduction in on-street parking spaces. In addition, the applicant
submitted a revised study in July 2006, as requested by staff.
The studies examine the on-street parking occupancy on ten (10) blocks
surrounding the Center, using data collected in March 2004, and late June 2006
(as requested by staff). The report concludes that for normal daily and weekly
operations, "nearly all Center patrons would be accommodated along the block
faces adjacent to the site," while larger special events that are limited to ten (10)
per year, would fill "both sides of the street on the three blocks nearest the
Center."
Staff believes that the location of the Jewish Community Center along a mass
transit route, the staggered schedule of parking demands, the conditions of
approval regarding multi-modal transportation, the apparent availability of on-
street parking according to the studies conducted by Fellsburg Holt and Ullevig,
and the nature of the various uses at the Center combine to create a scenario that
appears to serve the parking needs of this project.
Conditions of Approval Related to Parking Issues
The Planning and Zoning Commission approved the following conditions to
support its approval of off-street parking requirements. These conditions are part
of the Ordinance before Council, as follows:
. Nine (9) off-street parking spaces.
. Of the nine (9) off-street parking spaces, two (2) shall be reserved for
affordable housing users.
. The Center shall utilize at least one staff member to establish and facilitate
a temporary off-street drop-off and pick-up area for the Pre-School
operation, using up to seven (7) parking spaces in the off-street parking
area. The Center shall use these parking spaces and safety cones to create
a one-way, continuous-movement drop-off program, and not as
traditional parking spaces. The applicant shall be responsible for
maintaining this area in a manner that provides for public safety in the
winter months, including snow and ice removal.
9
. Applicant shall submit a request to the City of Aspen to post the alley
adjacent to the on-site parking area as one-way. The proposed direction of
the one-way designation shall be decided in cooperation with the City and
the neighbors on the alley.
. Ifthe Center holds more than ten (10) Special Events in a calendar year, as
defined on p. 6B ofthe February 2006 application, the applicant shall be
required to obtain an additional approval for a Special Review to Establish
Off-Street Parking Requirements, pursuant to Section 26.5l5.040(A) 1-3.
. Applicant shall print on all event flyers that on-site parking is not available,
and attendees are strongly encouraged to car pool, use bicycles, walk or take
the bus.
. Applicant shall require any person who rents the social hall to print on their
invitation that on-site parking is not available and attendees are strongly
encouraged to car pool, use bicycles, walk or take the bus.
. Applicant shall maintain information on its website regarding the lack of on-
site parking, and information regarding car-pooling or use of public transit.
. Applicant shall not schedule Special Events with a projected attendance in
excess of 50 people before 6 pm during the winter season or before 7 pm
during the summer season.
. Applicant's daycare operation shall make a good faith effort to work with
parents of enrolled children to establish and maintain a carpool program.
. Applicant shall stagger arrival times for pre-school classes once
enrollment reaches 25 children. Arrival times will be staggered by at least
15 minutes per class.
. Applicant shall actively participate in the City's Transportation Options
Program (TOP).
. Applicant shall provide covered and secure bike storage.
. Applicant shall provide free bus passes to employees who do not live on-
site.
NECESSARY LAND USE APPROVALS: The following City Council land use approvals are
requested and necessary for approval of this project.
GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY: This review focuses on
the development's role as an Essential Public Facility. The Community Development
Director has determined that the proposal is an Essential Public Facility, pursuant to
criteria outlined in 26.480.050(A-F). The Planning and Zoning Commission
recommended that Council approve this application with conditions. Final Review
Authority: City Council.
SUBDIVISION REVIEW: Although no subdivision of land and no separate interests are to be
created through this proposal, the term "subdivision" in the Land Use Code encompasses
three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and
Structures. Because this proposal would establish three deed-restricted housing units,
subdivision approval is required, pursuant to criteria outlined in Section 26.480.050(A-F).
10
The Planning and Zoning Commission recommended that Council approve this
application with conditions. Final Review Authority: City Council.
DESIGNATION OF HISTORIC PROPERTIES: Applicants for historic designation must show that a
structure meets the criteria, pursuant to Section 26.415.030(B). The HPC makes a
recommendation to City Council to approve, approve with conditions or deny an
application. Final Review Authority: City Council.
KEY ISSUES: The following addresses the key issues regarding each of the two (2) reviews
before the City Council:
Growth Manal!:ement Review as an Essential Public Facilitv
The Land Use Code establishes this as a separate review process largely because
Essential Public Facilities are often unique. A more typical Growth Management
review often focuses on the generation of new employees due to intense
commercial uses, or free market residential uses that result in a high level of
services. In this case, there is no commercial component, and the residential
component consists of three units of affordable housing.
The first criteria for a Growth Management Review of an Essential Public Facility
requires that the Community Development Director determine that "the primary
use and/or structure be an Essential Public Facility," defined as: "A facility
which serves an essential public purpose, is available for use by, or benefit of, the
general public and serves the needs of the community." The Community
Development Director has determined this project is an Essential Public Facility
for the following reasons, taken together:
. The proposal would establish a primary location for religious services and
religious education in one of the world's oldest religious traditions for the
first time in Aspen. The Center represents a new addition to existing
locations for religious services and religious education, such as St. Mary
Catholic Church the Aspen Community Church, the Aspen Chapel, the
Episcopal Church in Aspen, the Messiah Lutheran Church and others.
Providing appropriate spaces for religious reflection and education serve
an essential public purpose.
. The proposal includes a pre-school, teen programs and adult education
programming that is open top both Jewish persons and members of the
broader community. A pre-school is a rare use in the City of Aspen, and
an extremely valuable asset to the community.
Also among the criteria for Growth Management Review as an Essential Public
Facility is "consistency with the 2000 Aspen Area Community Plan" (AACP).
Staff strongly believes the proposal meets the intent of each chapter in the AACP,
due to the preservation and designation of historic structures, the incorporation of
affordable housing on-site, its location in the Infill Area and along a transit route,
the building's context-sensitive design, and the provision of cultural education
II
and promotion of diversity. Staff has excerpted from each chapter of the AACP
and described the applicant's compliance as part of its response to this criteria
(please see Exhibit A).
Under this Growth Management Review, the Council must find that "a sufficient
percentage of the employees expected to be generated by the project are mitigated
through the provisions of affordable housing or cash-in-lieu thereof.." The
APCHA Board has recommended that the mitigation of 4.25 of the 9.63
employees to be generated by this proposal is sufficient mitigation. Staff agrees
that this 44% rate is adequate. The retention and use of three cabins on-site (two
studios and a one-bedroom) as affordable housing, the substantial impact on the
site design from the retention of these structures and the applicant's request that
the cabins be designated as historic structures contribute to this staff finding. In
response to a question from Councilman J .E. DeVilbiss at 151 Reading, the City
has typically required less than a 60% housing mitigation rate for essential
public facilities. For example, the ARC features only one affordable
housing unit. Most recently, there was no housing mitigation required for the
addition to the Red Brick Building. Generally speaking, this lower mitigation rate
reflects a recognition that an essential public facility intrinsically provides a
public benefit.
Another Growth Management Review criteria requires that a new project
"represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the
project. Public infrastructure includes, but is not limited to, water supply,
sewage treatment, energy and communications utilities, drainage control, fire and
police protection, solid waste disposal, oarkinf!: and road and transit services. "
The most significant potential impact of this proposal on public infrastructure is
its use of on-street parking. This issue has been reviewed extensively earlier in
this memo, and additional review can be found in Exhibit A.
Subdivision Review
Although no subdivision of land and no separate interests are to be created
through this proposal, the term "subdivision" in the Land Use Code encompasses
three or more detached dwellings on the Aspen Inventory of Historic Landmark
Sites and Structures. Because this proposal would establish three deed-restricted
housing units, subdivision approval is required. (Please see Exhibit B.)
Historic Desh!llation
As noted in this memo, staff supports Historic Designation, and the HPC has
recommended that City Council approve Historic Designation for 435 W. Main
Street.
12
CITY MANAGER'S COMMENT:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 36, Series of2006, approving a Growth
Management Review as an Essential Public Facility, Subdivision review and
Historic Designation, with conditions, finding that the review criteria for the
application have been met."
ATTACHMENTS:
Exhibit A: Staff Findings - Growth Management Review as an Essential Public
Facility
Exhibit B: Staff Findings - Subdivision Review
Exhibit C: Planning and Zoning Commission minutes + Resolution
Exhibit D: Application
Exhibit E: Revised Parking Study / Fellsburg Holt & Ullevig
Exhibit F: Summer Parking Analysis / July 5, 2006
Exhibit G: Applicant letter regarding TDM Commitments
Exhibit H: Employee generation and mitigation review / Aspen Pitkin County
[Housing Authority ]
NOTE: Exhibits provided at 1st Reading
13
ORDINANCE NO. 36
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL
PUBLIC FACILITY AND HISTORIC DESIGNATION, FOR THE JEWISH
COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN
STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2735-124-81-001
WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen,
represented by Alan Richman Planning Services, submitted an application (hereinafter
"the application") requesting approval of Growth Management Review as an Essential
Public Facility and Subdivision Review to construct the Jewish Community Center,
located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and,
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the
process for Designation and states that an application for listing on the Aspen Inventory
of Historic Landmark Sites and Structures shall be approved if HPC and City Council
determine sufficient evidence exists that the property meets the criteria; and
WHEREAS, the Community Development Department Director determined that
the Jewish Community Center is an Essential Public Facility, and that the application met
the applicable review standards, and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on June 20, 2006, the Planning
and Zoning Commission opened and continued the public hearing to July 11, 2006; and,
WHEREAS, during a continued public hearing on July 11, 2006, the Planning
and Zoning Commission opened and continued the public hearing until July 18,2006;
and
WHEREAS, during a continued public hearing on July 18, 2006, the Planning
and Zoning Commission approved Resolution No. 24, Series of 2006, by a five to one (5-
1) vote, approving with conditions, a Growth Management Review to determine
employee generation, and Special Review to establish off-street parking requirements;
and recommended approval to City Council of a Growth Management Review as an
Essential Public Facility, and Subdivision review; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
I
WHEREAS, during a duly noticed public hearing on September 25, 2006, the
Aspen City Council reviewed the proposal and approved Ordinance No. 36, Series of
2006, by a vote, approving with conditions, the Jewish Community Center
Subdivision, and Growth Management Review for an Essential Public Facility; located at
435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; and,
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
the promotion of 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 the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the City Council hereby approves with conditions, a Growth
Management Review as an Essential Public Facility and Subdivision in order to construct
the Jewish Community Center, located at 435 W. Main Street, Lots A-I, Block 38, City
and Townsite of Aspen.
Section 2: Plat and Al!:reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval.
Section 3: Buildinl!: Permit Application
The building permit application shall include the following:
a. A copy of the final City Council Ordinance, Planning & Zoning
Commission Resolution and Historic Preservation Commission
Resolutions.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. 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. If a ground recharge system is required, a
soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage
improvements.
2
e. An excavation-stabilization plan, construction management plan, and
drainage and soils reports pursuant to the Building Department's
requirements. The construction management plan shall include an
identification of construction hauling routes, construction phasing, and a
construction traffic and parking plan for review and approval by the City
Engineer and Streets Department Superintendent. The construction
management plan shall also identify that the adjacent sidewalks will be
kept open and maintained throughout construction.
f. A fugitive dust control plan to be reviewed and approved by the City
Engineering Department.
g. Accessibility and ADA requirements shall meet the building code
requirements.
Section 4: Dimensional Requirements
The redevelopment of the site is limited to the dimensional requirements established in
the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February
2006 Subdivision application, and further subject to Historic Preservation Commission
Final Review.
Section 5: Trash/Utilitv Service Area
The trash containers shall be wildlife proof.
Section 6: Sidewalks, Curb, aud Gutter
The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the
Historic Preservation Commission, and shall be upgraded to meet City Engineer's
requirements and ADA requirements prior to issuance of a certificate of occupancy on
any of the units within the development. The Applicant shall also repair any curb and
gutter adjacent to the property that is deemed to be in disrepair by the City Engineer
before a certificate of occupancy is issued for any of the units within the development.
Section 7: Affordable Housiul!
The three (3) on-site affordable housing units shall be in compliance with the
AspenlPitkin County Housing Authority's Employee Housing Guidelines. The Applicant
shall record a deed restriction on each of the affordable housing units at the time of
recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy
for the units, classifying the units as Category 2 units.
a) At least two parking spaces shall be allocated and reserved for the employee-housing
units on site.
b) The units will be deed-restricted as rental units but will allow for the units to become
ownership units at such time the owners would request this change and/or at such
time the APCHA deems the units out of compliance for a period of one year or more.
At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price.
3
c) APCHA or the applicant shall structure a deed restriction for the units such that
1/lOth of 1 percent of the property is deed restricted in perpetuity to the
AspenlPitkin County Housing Authority; or until such time the units become
ownership units; or the applicant may propose any other means that the Housing
Authority determines acceptable.
d)Due to the ability to have the employees live on-site, if such employee is employed
by the Community Center, the income and assets can be waived.
e) The applicant shall conduct an employee audit two years after issuance of the
Certificate of Occupancy for the development under the following terms:
1. The applicant shall retain an auditor and shall gain prior approval from the
Housing Office for the selection of the auditor.
2. The applicant shall be fully responsible for all fees associated with
retaining an auditor.
3. Should the audit show additional employees over the 9.63 FTE, the
applicant shall mitigate at an identical rate established by this Ordinance
(44 percent) for those additional employees required under the Guidelines
in effect at the time of the audit - either by providing units or by providing
a payment-in-lieu fee.
t) If more than ten (10) Special Events are held in a calendar year, as defined in the
application (p. 6B), the applicant shall be required to conduct an employee audit
under the terms of Section 7(t)1-3.
Section 8: Relocation of Cabins
Applicant may relocate three (3) cabins off-site only upon approval of the Historic
Preservation Commission of a satisfactory receiver site and method of relocation.
Section 9: Determination of Emplovee Generation
The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by
the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority.
The three Category 2 rental affordable housing units on site provide mitigation for 4.25
FTEs.
Section 10: EstabIishin!!: Off-Street Parkin!!: Requirements
The Planning and Zoning Commission has established off-street parking requirements as
follows:
a) Nine (9) off-street parking spaces.
b) Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable
housing users.
c) The Center shall utilize at least one staff member to establish and facilitate a
temporary off-street drop-off and pick-up area for the Pre-School operation, using
up to seven (7) parking spaces in the off-street parking area. The Center shall use
these parking spaces and safety cones to create a one-way, continuous-movement
drop-off program, and not as traditional parking spaces. The applicant shall be
4
responsible for maintaining this area in a manner that provides for public safety in
the winter months, including snow and ice removal.
d) Applicant shall submit a request to the City of Aspen to post the alley adjacent to
the on-site parking area as one-way. The proposed direction of the one-way
designation shall be decided in cooperation with the City and the neighbors on the
alley.
e) If the Center holds more than ten (10) Special Events in a calendar year, as defined
on p. 6B of the February 2006 application, the applicant shall be required to obtain
an additional approval for a Special Review to Establish Off-Street Parking
Requirements, pursuant to Section 26.515.040(A)I-3.
Section 11: TranSDortation and Parkin2
a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in
place by building permit submittal. Fee shall be paid prior to issuance of building
permit.
b) Applicant shall print on all event flyers that on-site parking is not available, and
attendees are strongly encouraged to car pool, use bicycles, walk or take the bus.
c) Applicant shall require any person who rents the social hall to print on their invitation
that on-site parking is not available and attendees are strongly encouraged to car pool,
use bicycles, walk or take the bus.
d) Applicant shall maintain information on its website regarding the lack of on-site
parking, and information regarding car-pooling or use of public transit.
e) Applicant shall not schedule Special Events with a projected attendance in excess of
50 people before 6 pm during the winter season or before 7 pm during the summer
season.
f) Applicant's daycare operation shall make a good faith effort to work with parents
of enrolled children to establish and maintain a carpool program.
g) Applicant shall stagger arrival times for pre-school classes once enrollment reaches
25 children. Arrival times will be staggered by at least 15 minutes per class.
h) Applicant shall active participate in the City's Transportation Options Program
(TOP).
i) Applicant shall provide covered and secure bike storage.
j) Applicant shall provide free bus passes to employees who do not live on-site.
Section 12: Fire Miti2ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 13: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
5
Section 14: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. On-site utility plans require approval by ACSD. Below grade development may
require installation of a pumping system. One tap is allowed for each building. Shared service
line agreements will be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping may
impact public ROW or easements to be dedicated to the district.
Section 15: Exterior Liehtine
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 16: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 17: Landscapine
a) Tree Protection~ A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan
indicating the location of the tree protection will be required for the bldg permit set.
No excavation, storage of materials, storage of construction backfill, storage of
equipment, foot or vehicle traffic allowed within the drip line of any tree remaining
on site. This fence must be inspected by the city forester or his/her designee before
any construction activities are to commence.
b )Excavation: an excavation under the drip line permit will need to be approved
along with the tree permit. Specific excavation techniques will be required for the
excavation along Hopkins Ave and part of the South West corner located next to
the Large Cottonwood Tree. Vertical excavation will be required and over digging
is prohibited in this zone. This note must be represented on the building permit set.
c) The applicant will need to contract with a tree service, and have them on call in
order to address all roots greater than 2 inches in diameter. Root trenching will be
required around all trees with excavation next to and/or under the drip line. This
can be accomplished by an experienced tree service company or trained member of
the contractor's team.
d)An approved tree permit will be required before any demolition or significant
property changes take place. Parks is requiring that the tree permit be approved
prior to submission of the building permit. Mitigation for removals will be paid
cash in lieu or on site.
e) Planting in the Public Right of way will be subject to Landscaping in the ROW
requirements. Improvements to the ROW should include new grass and irrigation.
6
The ROW trees along 4th and 3rd streets should be of another species other than
cottonwood.
f) Realignment of the ditch will require specific coordination between the Parks
Department and the contractor. The realignment will have to take place during a
time period when the ditch is closed for the off-season. Realignment will also
require the use of a Bentomat type material in order to reestablish the integrity of
the ditch.
g) Utility connections: these connections will need to be designed on the plan in a
manner that does not encroach into the tree protection zones
h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root
greater than 2" encountered during the installation will require approval before
removal. Play yard fence must be constructed according to State of Colorado
standards for daycare centers.
i) The installation of the new sidewalk at the corner of 4th and Main Streets needs to
be designed at grade bridging over the root systems of the existing cottonwood
trees.
Section 18: Historic Preservation Commission Approvals Required
Final Development Plan approval by the Historic Preservation Commission must be
obtained prior to issuance of a Building Permit for the Project.
Section 19: Historic Landmark Desil!nation
Pursuant to Section 26.415.030.B of the Municipal Code, Criteria for listing on the Aspen
Inventory of Historic Landmark Sites and Structures, the property is hereby designated
on the Aspen Inventory of Historic Sites and Structures, as the site possesses sufficient
integrity of location, setting, design, materials, workmanship and association and the site
is related to designation criteria 26.415.030.B.2.a and 26.4l5.030.B.2.c.
Section 20: Vested Ril!hts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
7
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: 435 W. Main
Street, Lots A - I, Block 38, City and Townsite of Aspen, Pitkin County, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
Section 21:
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 Community Development Department, the Aspen
Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in
such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by other specific conditions.
Section 22:
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 23:
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.
8
Section 24:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of
this Ordinance in the office ofthe Pitkin County lerk and Recorder.
Section 25:
A public hearing on the Ordinance shall be held 0 the 25th day of September, 2006, 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 shall be published in a newspaper of general
circulation within the City of Aspen.
Section 26:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28th day of August, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
Attest:
Helen Kalin Klanderud, Mayor
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
9
'~b
MEMORANDUM
FROM:
Mayor Helen Klanderud and Aspen City Council
Chris Bendon, Community Development Director ~
TO:
RE:
Extension of Moratorium - Public Hearing
2nd Reading of Ordinance No. 38, Series of 2006
DATE:
September 25, 2006
SUMMARY:
On April 25, 2006, City Council adopted Ordinance No. 19, Series of 2006, implementing a
6-month moratorium on new land use applications in the City's multi-family, commercial,
mixed-use, and lodging zone districts. Ordinance 19 provided a termination date for the
Moratorium of October 31, 2006, and a process to extend the deadline. Staff is
recommending a 4-month extension of the moratorium in order to complete the analysis and
code changes.
The City Council and staff of the Community Development Department have made progress
towards identifying policy direction and the portions of the Land Use Code needing
amendment to implement such policy. Council has given staff direction on a majority of the
residential development issues and is scheduled to provide direction on commercial issues.
Council has also discussed possible amendments to the growth management system.
The scope and complexity of the issues has increased over that originally expected. The
discussions so far on residential and commercial development have revealed numerous
policies needing analysis, debate, and direction. Staff expects the same level of complexity
with lodging and growth management topics. As several Council members have expressed,
what was originally thought to merely require "tweaking" is now thought to require major
substantive amendment. (Staff would like to point-out that this is a common phenomenon
for moratoriums. This is not a unique-to-Aspen situation.)
The policy direction necessitates elaborate amendments to the code. The Commercial Design
Standards, for example, have been identified as needing substantial amendment and staff has
recommended this task be done, in large part, by a consultant who specializes in urban design
issues and the development of design guidelines. The time needed to complete these
revisions will exceed the current termination date of October 31 st and staff strongly
recommends that these changes to the code be accomplished prior to the expiration of the
moratorium. In the alternative, staff foresees additional applications being submitted and the
City not having the proper tools in place to review the applications.
Finally, there is a finite capacity for work sessions and the ability of staff and consultants to
provide analysis for each work session. There's also an inability to suspend other
1
responsibilities of City Council during this process. Community Development staff has
developed a revised schedule that accounts for Council's 2007 budget schedule, holidays, the
remaining land use sessions, and an adoption timeframe. This schedule necessitates an
extension of the moratorium.
BUILDING PERMIT REVIEW AND ISSUANCE:
The moratorium allows "pipeline" projects to continue through the planning process and
apply for a building permit but the permit shall not issue. The Community Development
Department may review the building permit for these pipeline projects. Staff has been asked
to report on the number of pipeline projects that have received planning approvals but which
are prevented from receiving a building permit. Staff will provide this information at the
hearing.
Staff believes the moratorium should be extended by four months to expire on February
28th and is recommending adoption of Ordinance No. 38, Series of 2006.
CITY MAN~R COMMENTS: rv /J'J //_~-t?
_---=~.......J2 ~ ;, ~ ,-
'Y' _ L.<.- t2~.
RECOMMENDED MOTION:
"I move to approve Ordinance No. 38, Series of2006."
ATTACHMENTS:
Exhibit A - Ordinance 19, Series of2006. (moratorium ordinance)
Exhibit B - Ordinance 23, Series of2006. (amendment to moratorium ordinance)
2
ORDINANCE NO. 38
(Series of 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO
ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMEDED PURSUANT TO
ORDINANCE NO. 23, SERIES OF 2006.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members; and
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as
amended, 9929-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary moratorium
pursuant to Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23,
Series of 2006; and,
WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allows for the termination
date of the moratorium to be extended by City Council through the adoption of an ordinance; and,
WHEREAS, the City Council reaffirms the reasons for implementing the moratorium,
specifically that recent land use applications seeking Development Orders in various City Zone
Districts do not appear to be consistent with the goals and vision as expressed by the 2000 Aspen
Area Community Plan and are having the following negative effects upon the community:
. The pace of construction in the community is far too great for the community to
properly absorb and for the City to properly service; and
. The pace of construction is having deleterious impacts upon the City's resort
economy; and
. The community is not achieving the affordable housing goals as set forth in the
Aspen Area Community Plan; and
. The recently enacted amendments to the Land Use Code commonly referred to as
the "infill code amendments" are not having the desired effects upon development
activity in the community; and
. Recent development activity indicates that locally serving businesses are being
negatively impacted thereby losing an essential character to the City's retail
economy; and
Ordinance No. 38,
Series of 2006.
Page 1
. Construction traffic and activity within the City has had, and will continue to have, a
deleterious impact upon the health, safety and wellbeing of the City's residents and
guests;
and,
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to review all existing land use codes and regulations as they
affect land use development in certain Zone Districts within the City of Aspen to ensure that all
land use development proceeds in a manner that is consistent with the Aspen Area Community
Plan; and
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to conduct a thorough analysis and assessment of the Land Use
Code and regulations affecting the development of land within certain Zone Districts of the City of
Aspen with particular attention to those recent Land Use Code amendments commonly referred to
as "infill code amendments;" and
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to investigate methods and procedures to better pace the
construction activity in the City including, but not limited to, the implementation of a system by the
City's Building Department to control the issuance of building permits; and
WHEREAS, an extension of the moratorium termination date will enable a reasoned
discussion of the desired character and rate of development and redevelopment and consideration of
amendments to the Land Use Code without creating a rush of development applications and the
related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1- Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of Ordinance
Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, is
hereby extended to terminate on February 28, 2007.
Section 2 - No Chanl!:es to Moratorium:
Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of
2006, shall continue in its full force and effect and nothing in this Ordinance shall be construed to
alter the substantive content of Ordinances 19 and 23, except to the extension of the termination
date as described in Section I, above.
Ordinance No. 38,
Series of 2006.
Page 2
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, 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.
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 5:
A public hearing on this ordinance was held on the 25th day of September 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen 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 11 th day of September, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FIN ALL Y, adopted, passed and approved this _ day of
,2006
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
Ordinance No. 38,
Series of 2006.
Page 3
ORDINANCE NO. 19
(Series of 2006)
~11M\ .t:AWI
~k'~ A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF
ANY NEW LAND USE APPLICATION SEEKING A DEVELOPMENT ORDER AND ON THE
ISSUANCE OF CERTAIN BUILDING PERMITS FOR PROPERTY LOCATED IN THE
RESIDENTIAL MULTI-FAMILY (R/MF), RESIDENTIAU MULTI-FAMILY (R/MFA),
COMMERCIAL CORE (CC), COMMERCIAL (C-l), SERVICE! COMMERCIAUINDUSTRIAL
(S!C/I), NEIGHBORHOOD COMMERCIAL (NC), MIXED USE (MU), LODGE (L),
COMMERCIAL LODGE (CL), LODGE OVERLAY (LO), LODGE PRESERVATION
OVERLAY (LP) ZONE DISTRICTS OF THE CITY OF ASPEN, (EXCEPTING THEREFROM
LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES); AND, DECLARING
AN EMERGENCY.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members; and
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as
amended, 9929-20-101, et seq. C.R.S; and
WHEREAS, the current rate and character of development activity in the City of Aspen is
having a negative impact upon the health, peace, safety, and general well being of the residents and
visitors of Aspen; and
WHEREAS, recent land use applications seeking Development Orders in various City Zone
Districts do not appear to be consistent with the goals and vision as expressed by the 2000 Aspen
Area Community Plan and are having the following negative effects upon the community:
. The pace of construction in the community is far too great for the community to
properly absorb and for the City to properly service; and
. The pace of construction is having deleterious impacts upon the City's resort
economy; and
. The community is not achieving the affordable housing goals as set forth in the
Aspen Area Community Plan; and
. The recently enacted amendments to the Land Use Code commonly referred to as
the "infill code amendments" are not having the desired effects upon development
activity in the community; and
. Recent development activity indicates that locally serving businesses are being
negatively impacted thereby losing an essential character to the City's retail
economy; and
. Construction traffic and activity within the City has had, and will continue to have, a
deleterious impact upon the health, safety and wellbeing of the City's residents and
guests;
and,
WHEREAS, the City Council and the Community Development Department require a
period of time in which to review all existing land use codes and regulations as they affect land use
development in certain Zone Districts within the City of Aspen to ensure that all land use
development proceeds in a manner that is consistent with the Aspen Area Community Plan; and
WHEREAS, the City Council desires that the staff of the Community Development
Department conduct a thorough analysis and assessment of the Land Use Code and regulations
affecting the development of land within certain Zone Districts of the City of Aspen with particular
attention to those recent Land Use Code amendments commonly referred to as "infill code
amendments" ; and
WHEREAS, the City Council desires that the Community Development Department
investigate methods and procedures to better pace the construction activity in the City including, but
not limited to, the implementation of a system by the City's Building Department to control the
issuance of building permits; and
WHEREAS, a moratorium on all residential redevelopment applications will enable a
reasoned discussion of the desired rate of residential redevelopment and consideration of
amendments to the Land Use Code without creating a rush of development applications and the
related impacts upon the community; and
WHEREAS, the Community Development Department may need assistance from third
party consultants to complete the task of analyzing the current Land Use Code and regulations as
contemplated herein, the City Council hereby directs the City Manager to authorize the expenditure
of City funds to engage one or more consultants to assist the Community Development Department;
and
WHEREAS, the City Council has determined that it is necessary to declare an emergency
for the preservation of public property, health, peace, and safety with the imposition of a temporary
moratorium on the acceptance, processing, and approval of land use applications for development
orders by the City of Aspen Community Development Department and City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
2
Section 1.
Moratorium on new land use applications within certain zone districts.
There is hereby imposed a temporary moratorium on the acceptance by the Community
Development Department of new land use applications for a Development Order affecting property
within the Residential Multi-Family (R/MF), ResidentiallMulti-Family (R/MFA), Commercial
Core (CC), Commercial (C-l), Service/CommerciallIndustrial (S/C/I), Neighborhood Commercial
(NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), Lodge
Preservation Overlay (LP) Zone Districts of the City of Aspen; and, any new land use application
seeking a Development Order for "Incentive Lodge Development" pursuant to 926.470.040(C)(3)
of the Aspen Municipal Code, irrespective of the Zone District in which the land may be located.
Section 2.
Moratorium on the Issuance of Building Permits.
There is hereby imposed a temporary moratorium on the issuance by the Community Development
Department of any Building Permit for development within the Residential Multi-Family (RIMF),
ResidentiallMulti-Family (RlMFA), Commercial Core (CC), Commercial (C-l),
Service/CommerciallIndustrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge
(L), Commercial Lodge (CL), Lodge Overlay (LO), Lodge Preservation Overlay (LP) Zone
Districts of the City of Aspen that would have the effect of increasing the Floor Area of any
building. "Floor Area" shall have the same meaning in this ordinance as the defInition of that term
as set forth at 926.104.100 of the Aspen Municipal Code.
Section 3.
Exemptions from Moratorium.
Land use applications exempt from this temporary moratorium shall be as follows:
. Any land use application for a Development Order submitted to the Community
Development Department prior to final passage of this ordinance and deemed to be
complete by the Director of the Community Development Department Director.
. Administrative Growth Management Review applications for Single-Family and
Duplex development pursuant to 926.470.040(8)(1) of the Aspen municipal Code.
. Any land use application seeking a Development Order for an Essential Public Facility
as that term is defined at 926.104.100 of the Aspen Municipal Code.
Applications for building permits exempt from this temporary moratorium shall be as follows:
. Building permits for projects that will not have the effect of increasing the Floor Area
of any building.
. Building permits for Single-Family and Duplex development.
. Any project that is eligible to receive a Development Order on the effective date of
this ordinance.
3
.
Building permits for demolition of accessory, non-habitable structures.
Section 4.
Effect on Development Applications
A. A land use development application shall be defined for the purpose of this ordinance as the
initial land use application determined to be complete by the Community Development Director,
pursuant to 926.304.050(A) of the Aspen Municipal Code ("Determination of Completeness"). All
land use applications filed subsequent to the initial application for the same development project that
are necessary to obtain a fmal Development Order may proceed pursuant to the review procedures
and standards as set forth in Title 26 of the City of Aspen Municipal Code. Land use applications
determined complete shall be reviewed and processed according to the provisions of the Land Use
Code and building code, as applicable, in effect on the date of submission.
B. Pre-Application Conferences, Pre-Application Conference Summary reports, pre-submittal
conferences, or formal or informal discussions with Community Development staff or review
Boards shall not constitute a complete application or any other official status. Applications
submitted after the effective date of this ordinance shall comply with the terms of this ordinance and
of the Land Use Code and building code, as amended.
Section 5.
Appeals Concerning Moratorium.
A. Any property owner who wishes to appeal a determination by the Community
Development Director that this moratorium applies to his or her property or plans for
development on his or her property may appeal to the City Council pursuant to Chapter
26.316 of the Aspen Municipal Code ("Appeals"), following any administrative action by
the Community Development Director.
B. Any property owner who wishes to seek relief from this moratorium because of
financial hardship may appeal to a Hearing Officer appointed by the City Manager who
shall have no relationship to the City (other than as a hearing officer) or to the property
owner. The Hearing Officer shall determine if administrative relief shall be granted
considering the following:
1. A description of the property and structures located thereon.
2. The original purchase price of the property and subsequent investments or
improvements in the property made prior to the adoption of Ordinance No. 19,
Series of 2006, other than normal operations and maintenance.
3. Any unrecoverable costs made prior to the adoption of this ordinance (Ordinance
19, Series of 2006).
4. A current appraisal of the property considering the effect of this ordinance
(Ordinance 19, Series of 2006).
4
5. A description of the depreciation method applied to the property for income tax
purposes, based on generally recognized accounting principles applicable at the
time the property was originally acquired by the property owner.
6. The assessed value of the property for tax purposes.
7. Copies of the property owner's income tax and financial statements for the past
five (5) years.
8. Any additional information the property owner may want to submit that may
demonstrate financial hardship.
Within thirty (30) days of complete application submission, or as otherwise reasonable, a
hearing date and time shall be scheduled for the hearing officer to consider written and
verbal testimony from the property owner and a representative of the City. The hearing
officer shall, within thirty (30) days of the hearing, issue a written determination as to
whether the financial hardship represented by this moratorium upon the property owner is
beyond reasonable expectation and representing substantial unrecoverable financial loss
and a special circumstance unique to the property owner which is not applicable to other
property owners affected by this moratorium such that the property owner's rights are
being substantially deprived. The hearing officer shall determine any relief to be
provided to the property owner, including release of the property from the terms of this
ordinance. The determination shall detail the factors considered including, but not
limited to:
1. The base value of the property - the original purchase price plus investments and
improvements (other than normal operations and mainten'ance).
2. IRS rules related to depreciation.
3. Residual value of the property based on a current appraisal assuming the effect of
this ordinance (Ordinance 19, Series of2006).
4. Other factors that may be considered "unrecoverable costs" by the property owner.
5. A financial analysis of the above using a recoupment of investment model.
The action by the hearing officer shall be considered the final administrative action on the
matter.
Section 6.
Emergencv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for
the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its
residents, and guests; and, this temporary moratorium provides the time necessary to prepare a
review of all current land use regulations and for the City Council and staff of the City of Aspen to
consider amendments, if any are required, to the Land Use Code of the Aspen Municipal Code.
Section 7.
Effective Date and Duration of Moratorium.
5
This ordinance shall become effective inunediately upon passage and shall terminate on October
31, 2006 unless extended by a duly adopted ordinance of the City Council.
Section 8.
Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten (10) days following final passage.
Section 9.
Severability.
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 10.
Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the 24th day of April 2006.
Hel
4-~
FINALLY adopted, passed and approved this 25th day of April 2006, by
o the unanimous vote of all City Council members present. or
g,a vote of four (4) council members.
j4~
6
ORDINANCE NO. 23
(SERIES OF 2006) ~'~i~ ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLO~
APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM
ESTABLISHED BY ORDINANCE NO. 19 (SERIES 2006)
r(Q'1M\ ~\CN\
WHEREAS, the City Council passed Ordinance No. 19 (Series 2006) establishing a six month
temporary moratorium on the acceptance of any new land use application seeking a
development order and on the issuance of certain building permits for property located in the
Residential Multi-Family (R/MF), Residential Multi-Family (R/MFA), Commercial Core (CC),
Commercial (C-l), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC),
Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (La), and Lodge
Preservation Overlay (LP) zone district; and,
WHEREAS, as ail effect of the moratorium, Staffhas identified certain land use applications
and building permits applications that would not be permitted to be submitted; and,
WHEREAS, it is not the intent of the City Council to unnecessarily postpone certain projects
and special events.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
Exemptions from Moratorium
Land use applications exempt from the temporary moratorium, in addition to those stated in
Section 3 of Ordinance No. 19, Series 2006, shall be as follows:
. Temporary Use applications pursuant to 926.450 of the Aspen Municipal Code.
. Certificate of No Negative Effect pursuant to 9 26.415.070 (B) of the Aspen Municipal
Code.
. Certificate of Appropriateness for a Minor Development pursuant to 9 26.415.070 (C) of
the Aspen Municipal Code which does not increase the floor area of a structure.
. A land use application for designation of a building, district, site, structure, or object on
the Aspen Inventory of Historic Landmark Sites and Structures pursuant to 9 26.415.030
(C) of the Aspen Municipal Code.
. Variance applications for Single-Family and Duplex development pursuant to 9 26.314,
926.410.020 (D), and 9 26.415.110 (B) of the Aspen Municipal Code.
Ordinance No. 23, Series 2006, Page 1 of 3
. A land use application that is limited to improving the accessibility of a building for
ADA compliance, but which may have the effect of increasing the allowable floor area of
a building by the minimum size required by the International Building Code for an
elevator or lift.
. Insubstantial PUD Amendments, which do not increase floor area or density.
Applications for building permits exempt from this temporary moratorium, in addition to those
stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows:
. Building permits for temporary uses.
. Building permits for special events that have been approved by the Special Events
Committee or City Council.
. Building permits that are limited to improving the accessibility of a building for ADA
compliance, which may have the effect of increasing the floor area of a building by the
minimum size required by the International Building Code for an elevator or lift.
Section 2:
Tbis 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 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.
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 4:
A public hearing on this ordinance shall be held on the 26th day of June 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
[Signatures on following page]
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 12th day ofJune, 2006.
Attest:
Ordinance No. 23, Series 2006, Page 2 of3
Kathryn och, City Clerk Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this"2b day o~ 2006
Attest:
Approved as to form:
.~I/c,7/L~
LeifYAttomey
Ordinance No. 23, Series 2006, Page3 of3