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CITY COUNCIL AGENDA December 3, 2007 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VII. Consent Calendar (These matters maybe adopted together by a single motion) a) Request to Use Main Street Light Poles -Food & Wine b) Resolution #101, 2007 - 2008 EOTC Budget Approval c) Resolution #100, 2007 - 2007 EOTC Supplemental Budget Request-Free Aspen to Snowmass Bus Service d) Resolution #102, 2007 - Truscott 100 Laundry Room Renovation e) Resolution #103, 2007 - 10 Dynamix Storage Area Network Contract f) Minutes -November 13, 2007 VIII. First Reading of Ordinances a) Ordinance #55, 2007 -Use Tax IX. Public Hearings a) Resolution #98, 2007 -Temporary Use - Zupancis Property -Fire District b) Resolution #99, 2007 -Amending COWOP Eligibility For Fire District c) Ordinance #29, 2007 - 307 S Spring Subdivision (Packet materials from 11/26) X. Action Items XI. Adjournment Next Regular Meeting December 10, 2007 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. VII A,. MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: November 26, 2007 RE: Request to Use Main Street Light Poles -Food and Wine REQUEST OF COUNCIL: The ACRA and Food and Wine request Council approval to place banners on lamp posts along Main Street for their event. See attached letter from ACRA. PREVIOUS COUNCIL ACTION: In December 2001, Council adopted policies regarding signs on public property. Section fV(E) Eligibility for Banners and Flags on Main Street Light Posts states: Only applicants for significant anniversaries (25, 50, 75 and 100) of local non-profit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. In May 2003, Council voted to allow Food and Wine banners in the commercial core and NOT allow them on Main street, see minutes May 12, 2003. In a January 2003 work session with the special event committee, Council agreed that allowing banners on the light poles in the commercial core (not Main Street) was up to the committee. In May 2004 Council approved banners on light poles on Main Street for Food and Wine, see minutes May 10, 2004. At that meeting, Council discussed amending the policy regarding Main Street banners to allow banners for annual events that support the community. The policy has not been amended. In April 2005, Council approved banners on Main Street Light Posts for the 2005 event, see minutes April 11, 2005. In 2006, Food and Wine was permitted banners on the light posts along Main street and in the commercial core. There was no Council review. Food and Wine had to share the Main street light post banner space with the Writer's Foundation. The 2007 was the 25`h anniversary of Food and Wine and they did not have to apply for permission from Council for banners along Main street. DISCUSSION: Council has approved requests for banners on light poles for World Cup, for X-Games, for Broncos winning the Superbowl. John Worcester, city attorney, cautions against allowing the light poles on Main street to be used as a public forum. RECOMMENDED ACTION: Allowing banners on Main Street is a Council decision. Food and Wine has had banners along Main Street 4 out of the last 5 years (one was a significant anniversary). I recommend allowing Food and Wine to place banners on the light posts on Main Street. I suggest when Council has a work session with the special event committee in January 2008, they affirm the significant anniversary policy or direct staff to draft changes. ALTERNATIVES: If Council denies Food and Wine banners on light posts along Main Street, they will still be able to put banners on the light poles in the commercial core. PROPOSED MOTION: I move to allow Food and Wine to place banners on light posts along Main street for their June 2008 event and to direct staff to draft changes to the 2001 sign policy on public property Section IV(E) Eligibility for Banners and Flags on Main Street Light Posts. ,~^ CITY MANAGER COMMENTS: ~~ Si L J~ I-wa-+u-.a '-~ ?~yZ-f~ r'-~ c-- Attachments: Letter from ACRA - 2007 Sarah Oates Memorandum - Apri12005 Letter from ACRA - 2005 Council minutes April 11, 2005 Council minutes May 10, 2004 Sarah Oates Memorandum -May 2003 Resolution #42, 2003 Council minutes May 12, 2003 AS P E NC CHAMBER RESORT ASSOCIATION November 20, 2007 Ms. Kathryn Koch, City Clerk City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Kathryn: I am writing to you on behalf of the Food and Wine Magazine Classic in Aspen and the Aspen Chamber Resort Association. Often considered Aspen's annual "kickoff to summer," the 2008 event takes place June 13-15, 2008 and we are looking forward to another successful year. To honor Food & Wine Magazine's longstanding commitment to the Aspen community, we would like to request council's special consideration in allowing the Food & Wine Magazine Classic in Aspen to place lamp post banners on Main Street and in the commercial core on all available brackets. Please note that previous approval of this request has been granted since 2003 (with 2007 being the 25`" anniversary year) and we truly appreciate Council's consideration in allowing us to do so again. We do understand that the city's current policy allows for placement for significant anniversaries only. Given Food & Wine's consistent powerful and positive economic impact on our community, we are asking for special consideration to this policy. Council's approval for the past several years of the X-Games and World Cup banners for events not taking place on significant anniversary years has demonstrated flexibility and support by the City for these important events. We would like to ask council to do the same for one of the community's long-standing favorite events, the 26`x' Annual Food & Wine Magazine Classic in Aspen. The Classic brings an educated and affluent attendee who loves Aspen and returns year after year for the experience. Ninety-three percent of participants say the Classic exceeds or meets their expectations. The average stay is five days; the average spent per attendee $6,553; and the average household income is $893,300 (Source: 2007 Classic Survey conducted by Beta Research Group.).This event clearly attracts a very desirable demographic to the Aspen Community. We do respect council's efforts to develop a reasonable policy on these lamp post banners. Our request is to place tasteful and subtle banners throughout the commercial core and along Main Street that will enhance the Classic in Aspen experience. We appreciate your consideration in these matters. Please help us to continue to support the Food and Wine Magazine Classic in Aspen. Sincerely, Jennifer Albright Carney Debbie Braun Devin Padgett Vice President of Event Marketing -ACRA President- ACRA Producer Special Projects - Food & Wine Magazine ~, .. ~:: .- ~b MEMORANDUM TO: Mayor Klanderud and City Council O FROM: Sarah Oates, Zoning Officer DATE: April 11, 2005 RE: Flags on Main Street Light Posts-2005 Food and Wine Attached is a letter from Jennifer Albright Carney and Hana Pevny of ACRA and Devin Padgett of Food and Wine Magazine on behalf of Food and Wine Magazine Classic requesting percussion to install flags on the Main Street and Downtown Light Posts from June 10, 2005 to June 12, 2005 for the 2005 Classic. On December 17, 2001, Council adopted policies regarding signs on public property. Per Section IV(E) Eligibility for Banners and Flags on Main Street Light Posts states; Only applicants for significant anniversaries (2S`", SO`s, 75`x' and ! 00`") of local non profrt organizations shall be eligible for consideration pursuant to this policy. Al! other requests from other organizations odor other types of events shall be forwarded to City Council. in the past, Council has granted requests for prominent local, regional, state or nation events including last yeaz's Food and Wine Magazine Classic. As Council approved the request last year, staff is assuming banners aze acceptable again this year. !i4 ~ OBI ~; ~~~ ~. ~~~~~ ~ ~ ~~~ ~. ~ .. :: ~ ~b MEMORANDUM TO: Mayor Klanderud and City Council FROM: Sazah Oates, Zoning Officer S~ DATE: April 11, 2005 RE: Flags on Main Street Light Posts-2005 Food and Wine Attached is a letter from Jennifer Albright Camey and Hana Pevny of ACRA and Devin Padgett of Food and Wine Magazine on behalf of Food and Wine Magazine Classic requesting permission to install flags on the Main Stteet and Downtown Light Posts from June 10, 2005 to June 12, 2005 for the 2005 Classic. On December 17, 2001, Council adopted policies regarding signs on public property. Per Section IV(E) Eligibility for Banners and Flags on Main Street Light Posts states; Only applicants for significant anniversaries (25`x, SO`", 7S`" and 100`0 of local non profit organizations shall be eligible for consideration pursuant to this policy. Al! other requests from other organizations or for other types of events shall be forwarded to City Council. In the past, Council has granted requests for prominent local, regional, state or nation events including last yeaz's Food and Wine Magazine Classic. As Council approved the request last year, staff is assuming banners are acceptable again this yeaz. ~. ~~~u~ ~ ~ ~~~ Re¢ular Meetine Aspen City Council April 11, 2005 2. Toni Kronberg asked if the annexation question on Burlingame will still be on the ballot. Ms. Kronberg thanked Rachel Richards for the recent debate on Burlingame. It will be aired on Grassroots this week. 3. Steve Holly told Council last night the Aspen Mother Puckers, Aspen's women's hockey team, won the A division championship. 4. Greg Hughes thanked Councilmembers for serving on Council and for making Aspen a better place. COUNCILMEMBER COMMENTS 1. Mayor Klanderud thanked the Aspen Skiing Company for the successfu130`h Mountain Travel Symposium and the Aspen Elks Lodge and the community for a marvelous week for the 400 disabled Veterans and Aspen Filmfest for a great shortsfest. 2. Councilman Paulson said yesterday with the foul weather, United made an extra effort to tly the veterans direct to Chicago, which is worth positive comment. 3. Councilwoman Richards reminded everyone to vote absentee if they aze leaving town. 4. Councilman Torre reminded everyone there is a benefit-for KT at the Bellyup this evening and everyone who can should attend for support. CONSENT CALENDAR Councilman Semrau requested Resolution #23, 2005, be taken off for discussion. Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman Semrau. The consent calendar is: • Food & Wine Request Banners on Main Street Light Poles • Minutes - Mazch 28, 2005 All in favor, motion tamed. RESOLUTION #23.2005 -Design Contract AABC Housing Councilman Semrau asked if $2.6 million is the correct budget for this project. Ed Sadler, asset manager, said it is. Councilman Semrau asked the size of the living azea. Sadler said it is 8800 square feet. Councilman Semrau said it appears the cost is $300/squaze feet for an existing lot with no infrastructure. Sadler said the original building has to be demolished and there are grading issues. Councilman Semrau said $300/square fee[ is an expensive project. Sadler said this contract will not outline the costs for the building. Councilman Semrau said he thought Council established a $2 Regular Meetine Aspen Citv Council ~ Mav 10 2004 Ms. Pevny told Council the Food & Wine event has been approved for banners in the commercial core. They request Council approve banners on the Main street light poles. The adopted policy is for significant anniversaries of local events, 25, 50, 1 OD and events of national significance. Ms. Pevny noted there have been exceptions set for the X-games and for World Cup. Ms: Pevny noted Food & Wine contributes $21 million to the local economy and ACRA would like to honor that by having banners on Main street. Councilwoman Richards said she would like to see the banner policy changed rather than have piecemeal approvals. Mayor Klanderud agreed this is a lazger discussion. John Worcester, city attorney, warned Counci] they are getting closer to designating light poles as a public forum. Councilwoman Richards said she would like the policy to be amended to allow banners for annual events that support the community. Councilwoman Richards moved to approve banners. on light poles on Main Street for Food & Wine; seconded by Mayor Klanderud. All in favor, motion carried. Councilman Torre moved to adjourn at 7:45 p.m,; seconded by Councilman Semrau. All in favor, motion carried. Kat S. Koch, City Clerk 11 .MEMORANDUM TO: Mayor and City Council "~ ~~ 463 THRU: Julie Ann Woods, Community Development Director FROM: Sazah Oates, Zoning Officer-~ DATE: May 12, 2003. RE: Request for Flags on Light Posts-2003 Aspen Food and Wine Classic SUMMARY: ~., The Aspen Chamber Resort Association (ACRA)'is requesting permission to use the -Main Street light posts and the Downtown light posts from Monday,, June 9, 2003 to Sunday, Juae 15, 2003 for the 2003 Aspen~Food and Wine Classic. The event is being held June 13-15, 2003-and is the 21" annual event.. On December 17, 2001,. Council adopted policies regazding signs.on public property.' Per Section IV(E) Eligibility for Banners and Flags on Main Street Light Posts states: Only applicants for significant anniversaries (25`"; SO`", 75'" and Z00'hJ of local non profit organizations. shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. InYhe past, Council has granted requests for prominent local, regional, state or national events. In'January, Council held a worksession with City staff concerning special events signs and concurred with staff that use of the Downtown light posts was acceptable for events that do not meet he above criteria. APPLICANT: Aspeti Chamber Resort Association ~,s RESOLUTION N0.42 (Series 2003) A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING APPROVAL FOR FLAGS ON THE DOWNTOWN LIGHT POSTS FOR THE 2003 ASPEN FOOD AND WINE CLASSIC WHEREAS, a request was received by the Community Development Department from the Aspen Chamber Resort Association to allow Aspen Food and Wine Classic flags on the Main Street light posts and the Downtown light posts to celebrate the 2003 Aspen Food and Wine Classic; and WHEREAS, the Aspen City Council adopted Resolution 1 18, Series of 2001, approving the policies regarding signage on public property; and WHEREAS, Section IV(E) Eligibility for Banners and Flags on Main Street Light Posts of that policy states; Only applicants for significant anniversaries (2.S~h, SOa', 75`i' and 100`i') of local non- profit organizations shall be eligible for consideration pursuant to flits policy. All oilier requests from other organizations or for other types of events shall be forwarded to City Council. WHEREAS, during a public meeting on May 12, 2003, the City Council found that the 2003 Aspen Food and Wine Classic does not meet Section N(E) as cited abode buf is.eligible for using the Downtown light posts, which are not subject to Section N(E) of the Policies Regarding Signage on Public Property; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: SECTION 1: The Aspen City Council does hereby approve of the request for mounting of the 2003 Aspen Food and Wine Classic flags onthe light posts in downtown for the dates of Jwre 9, 2003 to June 15, 2003. APPROVED by the Aspen City Council as its regular meeting May 12, 2003. Reeular Meetine Asnen Citv Council Mav 12 2003 RESOLUTION #42, SERIES OF 2003 -Request for Banners -Food and Wine Sarah Oates, community development department, reminded Council last year they adopted a policy on signs and banners.. This policy only allows banners on light poles on Main Street for significant anniversaries, 25, 50, 100 years or for nationaUinternafional events, like the. X-games. Ms. Oates pointed out the policy does allow banners in the convnercial core on light poles. Devon Padgett; representing Food & Wine, requested special consideration to have Food and Wine banners on Main street to be in partnership witkt Food and Wine. Hana Pevny, director ACRA, told Council it is important to have these banners for visibility and to create a festive atmosphere. Councilman McCabe moved to approve Resolution #42, Series of 2003, not allowing banners on Main Street; seconded by Councilman Semrau. Mayor Klanderud said she is concerned about making exceptions and then that becomes the rule. Councilman Hershey said this is a great event and starts out Aspen's summer. Mayor Klanderud noted Council made an exception last year for Food & Wine's 20'x' anniversary. Councilmembers McCabe, Semrau and Mayor Klanderud in favor; Councilmembers Hershey and Paulson opposed. Motion carried. REQUEST FOR CARS IN THE-MALL -Lexus City Clerk Kathryn Koch reminded Council staff is drafting policy changes to allow car placement in Aspen. Council has not yet seen this policy and Lexus has requested 7 cars in the Mill Street Mall on June 4`" from 2 p,m. until 11 p,m. These cars will be lit and will have staff attending. There will be no signage. There are 300 Lexus representatives in town and they will be walking from the St. Regis to the Wheeler. Council agreed this request is way out of the scope they discussed with staff about car placement. Council said 7 cars in the mall is entirely too many. Councilman Semrau moved to go into executive session at 11 p.m. to discuss acquisition of property and to confer with counsel pursuant to C.R.S. 23 MEMORANDUM ~~~ TO: Mayor and City Council THRU: Randy Ready, Assistant City Manager FROM: John D. Krueger, Director of Transportatio DATE OF MEMO: November 23, 2007 MEETING DATE: December 3, 2007 RE: EOTC 20081/2% Transit Sales and Use Tax Budget REQUEST OF COUNCIL: Attached for your review and approval is a resolution and budget which, if approved, would authorize the 2007 EOTC 1/2 cent transit sales and use tax budget for 2008. This resolution and the corresponding budget reflect the decisions made by the Elected Officials Transportation Committee (EOTC) at its November 15, 2007 meeting. 2008 EOTC Budget Summary Total Revenues $5,391,000 Total Ex~nditures $3,707,362 Annual Surplus (Deficit) $1,683,638 Cumulative Surplus (Deficit) $6,800,160 *See attached 2008 budget and multi-year plan PREVIOUS COUNCIL ACTION: City Council as a member of the EOTC approves the EOTC annual budget each yeaz and any additional funding requests as they aze presented. City Council as a member of the EOTC approved the 2008 Budget as presented at the November 15, 2007 meeting. BACKGROUND: The City of Aspen as a member of the EOTC is required to approve the Draft Budget by resolution. Each other member of the EOTC is also required to approve the Draft Budget by resolution or ordinance before the budget can be considered adopted. The draft 2008 EOTC budget was unanimously approved by the EOTC members present at the November 15, 2007 meeting. DISCUSSION: The mission of the EOTC is to "work collectively to reduce and/or manage the volume of vehicles on the road system and develop and develop a comprehensive, long-range strategy that will insure a convenient and efficient transportation system for the Roazing Fork Valley." The draft 2008 budget provides for a use of the funds iri a manner consistent with the EOTC mission. C\Dowmen[s and Settings\johnk\Local Settings\Temporary In[emet Files\OLK6\08EOTC AspenA.doc FINANCIALBUDGET IMPLICATIONS: There are no financial implications to the City as these are EOTC funds and not City funds. ENVIRONMENTAL IMPACTS: By encouraging mass transit and working to manage or reduce the number of vehicles on the road system, the EOTC is having positive impacts on the environment. The draft 2008 reflects the positive influence on the environment. RECCOMENDED ACTION: Staff recommends that Council approve the attached resolution to approve the 2008 EOTC Budget. ALTERNATIVES: Council can decide not to approve the 2008 EOTC Budget and send the 2008 Budget back to the EOTC for further discussion and approval. ATTACHMENTS: 2008 EOTC Budget and Multi-Yeaz Plan C:\DOCUments and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\OSEOTC AspenA.doc PROPOSED MOTION: "I move to approve Resolution # ~ to approve the 2008 EOTC Budget." RESOLUTION NO. SERIES OF 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CTI'Y OF ASPEN, COLORADO, APPROVING THE 2008 EOTC BUDGET FOR THE PTI'KIN COUNTY I/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County-wide one- half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on November 15, 2007, the Parties considered and approved the attached initial budget for the year 2008 for the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the City of Aspen wishes to ratify the approval given at the November 15th meeting by adoption of this resolution. NOW THEREFORE BE fI' RESOLVED by the City Council of the City of Aspen, Colorado, that the attached initial one-half cent transit sales and use tax budget for the year 2008 is hereby approved as summarized below: Total Revenues $5,391,000 Total Expenditures $3,707,362 RESOLVED, APPROVED, AND ADOPTED this 3rd day of December, 2007, by the City Council for the City of Aspen, Colorado. Michael C. Ireland, 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 December 3.2007. Kathryn S. Koch, City Clerk C:\Dowmen[s and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\O8EOTC AspenA.doc b X U H O W m 0 C f6 a w 'o C t6 Of 7 m N N O a O d °o 0 N r 0 o n m ~ too v t° .- M O N ~ r lh ~ M v S O M U ~ O ~ Oyy V V N N M m W m N o) S N O 0 N rn ~ g ~ °o m I~NO v'-~n f`O~O Nnm N M X 0 0 0 0 0 00 00~ aotno oom tONO (OO r C ~ ~ N ~ ~ M r o8S ~°~g8goq ` nv~ a'a~~°n NE N E 1+f v v o O g o D (O O O a D 0 0 1` 0 0 0 0 0 ~ 0 0 0 nvoornoo ooooo,~0 0 n~oo~coo~oooo~n og~n G O i tO N O N f 0 O N 0 0 0 O O~ O l i) ~ 0 0 t O 7 ~ N P'J M N N Nt O N ' ~N r N~N r M01 V v i t+i « « ~' " ~ ~ .°. O O lL m rn= ~ E a'E $ m c m E o ~ c ~ ~ c a m~ x C N N m w O d .~ O a ~ W ° ~ W NU ,CC N C m ~ C ~ ~ ~ O ~ Y C aC pNp,, ~ -~ N a c m m~ j m Q ~~ E~ c C'~-~ 00~'mV-m O~mN ~.QN ~d c a E ~ $ ~ x ~ ~ o~ $ c c a ~ m m ~ ~ a m t " c otf j° a _ ~ "g ° ° c ~ y E o f ~ ~ m m~ m m ~$ o~ c~ c n m ~D dW a o WVm $En~cc~~tw~ c E Q c d~ C~ JO K N m.~ ry d ~' ?~ H O. 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N U c ° y o'y !? Tr~~ rna m v rn m c« E a m c 3 ~ t mca._`°~ am~mc ~o mc~rErn °L_o.b .~aw a m to ~ m E ~ W m~ a W m m n ~a 8 v m s E m~ rn« ~ E m° m c 3 w i y t~ m Fc o .~~ E~ m o c V` y m y W W~ i m y h E ~` ° X 'E m c~~ m ~ - - - -__ ~,.-._.....W~ MEMORANDUM ~~'~ TO: Mayor and City Council THROUGH: Randy Ready, Assistant City Manager FROM: John D. Krueger, Director of Transportation DATE OF MEMO: November 23, 2007 MEETING DATE: December 3, 2007 RE: Supplemental EOTC 20071/2% Transit Sales and Use Tax Budget Free Aspen -Snowmass Bus Service REQUEST OF COUNCIL: Attached for your review and approval is a resolution and budget which, if approved, would authorize the following supplemental 2007 Elected Officials Transportation Committee (EOTC) 1/2 cent transit sales and use tax budget: Free Aspen -Snowmass bus for 11/22/07 - 6/19/08 $ 277,574 PREVIOUS COUNCIL ACTION: In a vote by entity at the November 15, 2007 EOTC meeting the three TOSV elected officials unanimously approved the free service funding. Three of the four BOCC members approved (with Rachel dissenting), T;~~~ the three Aspen council members approved (with JE dissenting). Since each membtl~ot the OTC is required to approve any budget request by resolution at its own meeting, City Council's decision was deferred until this meeting at which time it is considering the supplemental budget resolution for the free bus proposal. BACKGROUND: The City of Aspen as a member of the EOTC is required to approve the Supplemental Budget by resolution. Each other member of the EOTC is also required to approve the Supplemental Budget by resolution or ordinance before the budget can be considered adopted. DISCUSSION: The EOTC at its meeting on November 15, 2007 discussed funding for RFI'A to make the Aspen - Snowmass route free for the 2007-08 winter season, 2008 spring season, and the 2008 summer season through June 19`s when the EOTC is scheduled to meet to consider whether to extend the free period. Dan Blankenship, RFTA General Manager, presented the following costs to replace Snowmass faze revenue for the various seasons, and the total cost for the 11/22/07 - 6/19/08 period was calculated as shown below: 1 C:\Documen[s and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\07EOTC Aspen D.doc ASPEN TO SNOWMASS FREE SERVICE COST ESTIMATE SEASON DAYS COST/DAY TOTAL COST WINTER 144 $ 1,722.81 $ 248,085.00 SPRING/FALL 134 $ 341.31 $ 45,736.00 SUMMER 88 $ 814.22 $ 71,651.00 COST ESTIMATE FOR NOV 22. 2007 THRU JUNE 19 2008 SEASON DATES DAYS COST/DAY TOTAL COST WINTER NOV 22, 2007 -APRIL 13, 2008 145 $ 1,722.81 $ 248,085.00 SPRING APRIL 14, 2008 -JUNE 5, 2008 53 $ 341.31 $ 18,089.61 SUMMER JUNE 6, 2008 -JUNE 19, 2008 14 $ 814.22 $ 11,399.02 TOTAL COST NOV 22, 2007 -JUNE 19, 2008 212 $ 1,309.31 $ 277,573.63 FINANCIAL/BUDGET IMPLICATIONS: There aze no financial implications to the City as these aze EOTC 1/2% Transit Sales and Use Tax funds and not City funds. ENVIRONMENTAL IMPACTS: Free RFTA bus service from Aspen to Snowmass may entice more riders to use the service and as a result may remove more vehicles off the road between Aspen and Snowmass thereby reducing traffic congestion and reducing environmental impacts to the area. RECOMMENDED ACTION: Council approval of the attached resolution to approve the supplemental 2007 EOTC 1/2% Transit Sales and Use Tax Budget. ALTERNATIVES: Council can decide not to approve the supplemental 2007 EOTC Budget and send it back to the EOTC for further discussion and approval. PROPOSED MOTION: "I move to approve Resolution # l ~ ~ to approve the supplemental 2007 EOTC Budget " 2006 Winter Survey Information Snowmass/Aspen Free Fare Service Results C:\Documents and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\07FOTC Aspen D.doc ATTACHMENTS: Resolution No.160, RESOLUTION NO. l ~~ SERIES OF 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CTI'Y OF ASPEN, COLORADO, APPROVING A SUPPLEMENTAL 2007 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen-City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan").which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, [he Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County-wide one-half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on November 15, 2007, the Parties considered a supplemental budget request to make the Aspen-Snowmass RFTA bus route free from November 22, 2007 through June 19, 2008. WHEREAS, the City of Aspen wishes to approve the supplemental budget request by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the following supplemental 2007 one-half cent transit sales and use tax expenditure budget is hereby approved: Free Aspen -Snowmass bus for 11/22/07 - 6/19/08 $ 277,574 RESOLVED, APPROVED, AND ADOPTED this 3rd day of December, 2007, by the City Council for the City of Aspen, Colorado. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a tme and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held December 3, 2007. Kathryn S. Koch, City Clerk 3 C:\Documents and Settings\johnk\Local Settings\Temporary Imemet Files\OLK6\07EOTC Aspen D.doc 2006 Winter Survey Information Ragartling Methoo of Payment for RFTA Fere Buses Service Valley ].] 59.1 24.0 0.5 L9 416 Pspen Laal 5.4 26.4 5.4 0.0 62.8 239 Skim ShuMe 4.] B.B 1.6 0.0 64.6 1]t Snowman fine 13.] 68.4 10.5 0.0 ].4 95 flltle Glenwood 14.9 21.9 B.8 0.0 54.0 114 Hooback 23.] 55.3 15.6 0.0 5.3 3B 2006 Winter Survey Information Peneining to Snowmesa Fera Ridera A B C 0 E F , Cuh PuncM1 pas Picture pus Translar NO Fere reaponns Snowmass fare 13.7 66.4 10.5 0.0 7.4 95 Percent ots Fares tAh 83% C C C Annual Estimate of Snowmass Fere Revenue from 1/1/06 - 12131/31 Besetl on 2006 Snowmass Fare Surve Information w o r n F F f: N I .I K L 2006 Aa5M Hitlership Etl. A Deyc In 2006 Season Avg. Hide Per pay A Days 1/1-12/31 N Hitlme 1/1-10/31 100TX Intt.-May Est. 20W Podere X Ritlere FrewPic Pau Not Fare Hldaro Cash Fare 1M@53 P. Pau 83%@$2.10 Total EaL Faree 195,916 365 537 366 196,453 1 % 196,417 18% 162,702 $ 62,978 $ 283,590 $ 366,568 Winter 2007/2006 Snowmesa Fere Revenue from 11/22/07 -4/13/06 Based on 2006 Snowmesa Fare Survey Information o r n e C !_ W I .1 K 1 Winter 2006 AeISM A Gays in Avg. Pide N OaYS X Ridera 200]% Eat.OTNa %Ridera Ne[ Fere Cuh Fere P. Pen Tobl RltlereM1ip Eat 20065uvon Pm Dey 11@2-4/13 11@2.4/13 Inm.-May Ridera FreWicPw Rldma 1TA@33 B3%@82.10 Eat Fmea 133,878 _ 145 923 144 132,955 1% 134,284 ~ 18% 110,113 $ 56,156 $ 191,927 $ 246,085 Summer 2008 Snowmesa Fare Revenue from 1/21/07 -4/13/06 Basetl on 2006 Snawmasa Fare Survey Information n w c n a c f: H 1 .I K L summer 200fi As5M X Daya In Avg. Ritle A Days N Riders 200]% Est. 0]NB %Ridera Nel Fare Ceah Fere P. Pass Total flitlerehip ESt 2006 Senora Per Day SpdnglFall SpdnglFell Intt.-May Ridere FreWic Pan Ritlma 17X@K1 83%@82.10 EeL Ferea 37,527 86 436 88 38,400 1% 38,784 18% 31,803 $ 16,219 $ 55,432 $ 71,651 Sid ~ x./66 B C D E F G H I J K L C '(gg4Aa6M Rltlerehlp Eat. A Oaye In 20085unns Avg. Ride Par Oey N Days eq-92 N Ritlara ]2}9/3 200]% Incr.-May Em.O]/Oa Ritlere %Ritlen FrealPic PSac Net Fare Ridera Cmh Fara I]%@b P. Pau 83X@82.19 Total Em. Feroa 24,511 134 183 134 24,511 1% 24,756 ~18% 20,300 $ 10,353 $ 35,383 $ 45,736 m ~ N V r~nm~ N r mmva c~ie re N m N ~oooo O O O G O Q O N m N r O t0 v m a m com m~ N 10 N a r r m N ~ Ci V m v w ~ N 3 v j y ~ J L ~ N TCN; V' ~a°1Oa A w Y C - >a~m¢ w d v m` ~ LL N m R O E o ma N d a d `m LL T d 10 O OI C C r d a c 0 w E O C T d Z N d C 3 .o 0 0 N N d `m LL d r W ~ LL C d W v >a SNOWMASS/ASPEN FREE FARE SERVICE RESULTS For summer 2006 the ridership should be composer of: V41 & V43 Snowmass to BC82, Snowmass to Aspen and BC82 to Snowmass. TOSV Snowmass to BC82, Snowmass to Aspen and BC82 to Snowmass. GFI when the Snowmass key is pushed For Summer 2007 the ridership should be composed of: V61 & V71 Snowmass to BC82, Snowmass to Aspen and BC82 to Snowmass. TOSV Snowmass to BC82, Snowmass to Aspen and BC82 to Snowmass. GFI when the Snowmass key is pushed days included are July 11 through Sept 4 2006 10 through Sept 3, 2007 2006 2007 SM/Intercept Tripsheets 0 6,746 V41/61 5,145 4,457 V43/71 3,125 2,173 TOSV 7,407 8,259 GFI Snowmass 16,766 27,349 Aspen/Intercept) & 2 NIA 4,080 Free Service Total 32,443 53,064 64% Increase in riders 20,621 Additional Passengers in 2007 -I -~ -I "U (n D O O N N O N :~ 7 T` O N '~ ~ ~ -` n 3 -~ cn o o m D ~ o ~ ~ 7 N ~' 1 1 D• "~ N f~ -' ~ .. X N ' • O 7 A N_ O Vt W W m O G) O d ~. a cn ': ~ m m o y °o v ~ c W N m 7 O_ W tD 7 O C tll 7 <~ ~ ~ O O W ~ > > W ~ ~ O CO O O _ 'J (p fl? N N CO C77 V O N CO U7 A CO "• V O W W .Ja ~ O (O W W V U7 U7 N O W U1 CO W W W A W O W W O U1 U7 fD V 00 ~j ~ N A CT A W -+ --~ O 00 A V C77 A O V O N CJI (D W CO V O 0 o D ++. .P ow wo 0 w eo o cn rn ~ c o '~ O° ' A w o » ~. J ~ O ~ O c c o > (A CD D ~': c ~ o o IV i1V'; A -P Oo ~ O . O X " ;W ; N W O W O) o- o a o 0 0~ O C < ~ N (D fD 7 ~-. N ~ ~ N a. O O O O O O X (D ~J N U~ O m m ~ ~ 07 m N O A A 0 0 0 0 0 o N viiiz°°a 2004 Revenue Projections Revenues 2004 Projected Sales & Use Tax Pitkin County 0.5% trensit tax . $1,396,240 Pitkin County 1.0% transit tax - net of debt svc. $1,736,538 Eagle County 0.5% tax ' Transit $256,832 ' Trails $25,373 Glenwood Springs 0.4% RTA Tax $1,086,307 Basalt 0.2% RTA Tax $134.413 Carbondal 0.5°h RTA Tax ` 0.4% RFTA $257,995 ' 0.1 % Carbondale $64,498 Use Tax $89,605 Total Sales 8 Use Tax $5,047,801 EqulvaleM Sales Tax Rates byJursidicUons Last Regional Tax Incr. ASPEN 0.60% Nov-93 SNOWMASS 0.60% Nov-93 PITKIN COUNTY 1.24°~ Nav-93 BASALT 0.70°~ Nov-00 EAGLE COUNTY 0.50°I° Nov-95 CARBONDALE 0.40°k Nov-00 GLENWOOD SPRINGS 0.40% Nov-00 v~td MEMORANDUM TO: Mayor and City Council FROM: Kai Ramsey THRU: Tom McCabe DATE OF MEMO: November 13, 2007 MEETING DATE: November 26, 2007 RE: Truscott 100 Laundry Room Renovation REQUEST OF COUNCIL: It is requested that council approve the contract for the renovation of the laundry room in the 100 building at Truscott. Washtime Industries was awarded the contract through the "Request for Proposals" process. PREVIOUS COUNCIL ACTION: The initial AMP budget for the project was $35,000 which was approved in May 2006. A supplemental request for an additional $56,480 was approved October 9, 2007. BACKGROUND: The laundry room in the 100 building at Truscott serves as the main laundry room for approximately 98 apartments. This coin operated laundry room consists of twelve washers and seven stacked dryers. The current "utility hogs" have been in heavy operation for approximately 14 years. The expected life cycle of these machines is 5-7 years. Of the original equipment listed above, only five washers and five dryers are operational. It has become too costly to repair the aging machines at $300- $400+ per event. Truscott can not justify repairing machines that are due for replacement and there is no guarantee these old machines will last longer than a week. Tenants have been inconvenienced and are frustrated. Recent survey results have listed the laundry room as a common complaint. Not only are tenants frustrated with the maintenance of the machines, they have safety concerns as well. In the recent years, members of Aspen's transient population have set up shop in the laundry room during the late night hours. Last winter there were at least two calls to the police department in regards to intoxicated individuals harassing tenants while trying to do their laundry. Truscott has been pursuing a renovation plan for two years. From the beginning, the scope of work focused only on the replacement of the machines. The new direction is renovating the room, replacing the machines, and securing access to the room. DISCUSSION: The current facility is not acceptable. Broken inefficient machinery, distressed flooring and unsecured entry must be addressed immediately. The project has now stretched into a year long planning phase and Truscott would like to proceed with the Page 1 at 8 proposal laid out by Washtime Industries of Greely Colorado. Washtime Industries specializes in planning, sales, and construction of commercial laundry facilities throughout the western United States. Per the proposal, Washtime plans to address the concerns of Tnascott management by: 1. Replacing inefficient machinery with high efficiency front- loading washers. The new washers will use 2/3 less water and extract more water which will result in reduced drying times. The goal is to reduce utility costs associated with the room by half. 2. Renovation of the room will include new flooring, new vinyl stair treads, new folding and sitting areas, and new paint. 3. Securing the facility through the use of a smart card system. A card reader at the entrance will keep trespassers out and allow entry only to tenants who have been issued a card. The new smart card will not only be their key to the facility, but their form of payment as well. The use of cards as payment has become the preferred payment choice throughout laundries across the country. By using a card system, management has the ability to increase the pricing in small increments during peak times and for "special wash" cycles. The cards will also eliminate "coin labor" associated with staff members collecting coins from the machinery. eu~r~ ?~..~-r„~-,-~ c~,~- : 6 5,11 b . g 9 FINANCIALBUDGET IMPACT The total sti ed cost of the project is $92,116.89. The funding for this project consists of $35,000 from the 2007 Amp plan and a supplemental of $56,480 which was approved in October of 2007. The finance department has determined the Truscott fund is healthy and recommended the project move forward as described. The facility in its current state generates approximately $25,000/year. A new facility with higher pricing should generate approximately $35,000 to $40,000. This revenue will pay for the project in just over two years. A drastic reduction inutility usage will result in saving thousands annually in water and gas. An exact figure is nearly impossible to project because there are not separate meters in the 100 building. ENVIRONMENTAL IMPACTS: The use offront-loading washing machines has been the commercial standard for many years. Front-loading machines use far less water and gas. This knowledge has now trickled down to the consumer level and top-loading machines will be banned from production in less than a year. C.O.R.E. has pledged $500 per washer unit. Replacing ten (10) washers will give Truscott a $5,000 rebate. The Canary Initiative has provided us with the following impacts summary: According to Energy Star ratings by replacing your 12 old washers Maytag MATI2PD (that use 231 kwhs/y each or 2772 kwhs/yr total) with 10 new front loading EH2OCA131112 washers (that will use 123 kwhs/yr each or 1230kwhs/yr total) you will be saving approximately 1,542 kwhs/yr. This energy savings represents a CO2 savings of 2, 76816s. RECOMMENDED ACTION: We recommend City Council approve the contractual bid submitted by Washtime Industries to renovate the laundry facility in the 100 building at Truscott. Page 2 of B ALTERNATIVES: If Council rejects staffs recommendation, this project will be postponed further resulting in higher prices after the New Year. With the rising cost of natural resources (steel, aluminum, oil, etc.), the cost per machine is projected to increase by 6-10%. Reducing the project or replacing only a few machines at a time will forfeit the bulk discount applied by the contractor. This will dramatically impact the cost of the project. The use of alternative machines could bring the price down, but will cost more in utility usage and maintenance. The machinery we are pursuing is very low maintenance, energy star compliant, and an in depth training is included with the purchase. To repair the existing machines would be a poor choice because the machines have already reached the end of their useful life. This would be very expensive and we would continue to have high utility usage. Lastly, this project is overdue and tenants have been inconvenienced and promised a new facility for quite some time. A clean, safe, functioning facility is an amenity that tenants rely on and expect to be covered in their rent. Dissatisfaction is prevalent as per the results of the annual survey. PROPOSED MOTION: "I move to approve the contract for the renovation of the laundry room in the 100 building at Truscott." CITY MANAGER ~ ~~ J 'e,~.T' ..ur,,r' P ~j2 u.~-ebb. ACHMEN~/iogQ~-~ ~ Cc.r~zQ Exhibit A -Property Photos Exhibit B -Preliminary Plan Exhibit C- Energy Analysis r ~~~ Page 3 of 8 RESOLUTION # ~ dZ (Series of 2007) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WASHTIME INDUSTRIES, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING TRUSCOTT 100 LAUNDRY ROOM RENOVATION 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, Colorado, and Washtime Industries Inc., 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, Colorado, and Washtime Industries, Inc. regarding Truscott 100 Laundry Room Renovation, 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: Michael C. Ireland, 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 December 3~ 2007 Kathryn S. Koch, City Clerk EXHIBIT A CURRENT LAYOUT OUT OF ORDER WASHERS Page 4 of 8 EXHIBIT B TILE FLOORING STAIR TREADS Page 5 of 8 EXHIBIT C ~r~ OZOH3 (S) o a a 0 © a „ „ OZOH3 (5) L -- U ~ ,~ /~ ~Y Y Y / \ / ~ / ~ \\ L_ ~ ~ i i i ~ m m A ~ ~i = a~ =W Q W N ~ oy W `~ n co o .- U ~ } aNi m~ ~~Oo Q~ C ~ i zg- ~z~~~ €atvz ~~ m~ ~ aa~~~ U O cn a Page 6 of B Distributor Information User Name: Full Name: Company: Addr+~s: City: State: Zip: Phone: washtime Washtime Industries, Inc. Washtime Industries, Inc. 8223 W. 20th St. Greeley CO 80634 970-356-1651 Comparison Overview E~Store Store 2 Washer Selections City Washer Selections QtY EH020 10 MATI2PDBAW 10 Dryer Selections Qty Dryer Selections Qhr MDGI3PDAAW Utilities & Store Options Electric: .0942 Gas : 1.17 Water 8, Sewer. 4.67 Rinses: 2 Tums Per Day: 4.5 "The actual results that your canpany and/or customer and other's will experience may vary fran these estimates and projections. Please review the fuU disdahner on the Iast page d this pmpoaal. Page 7 of 8 Session Name: Aspen Print Date: ~t~zuuf Results per Month ~ Store Store 2 Savings Total Water Used (gan 18,063.0 33,750.0 15,687.0 Hot Water Used (gal) 3,612.8 8,750.0 3,137.4 Total ElecfrlMty (kW/h) 428.4 853.2 424.9 Total Gas (therms) 200.5 877.0 476.4 Total Flll Expense $84.35 $157.81 $73.26 Total Elecbtc Expense $40.35 $80.37 $40.02 Total Gas Expense $234.62 $792.04 $557.42 Totals $359.33 $1,030.02 $670.70 Utility Costs & Savings (dollars) $1,030.02 _ .: ;_. $670.70 $359.33 ~ ` ~` -: ~~x s F y,a~a F 3,~ . ~' ... 4 .d'~i'~.3 'The actual results that your company andlor customer and attler a vriN e>aperience may vary from these estimates and projections. Please review the full diaGaimer on the last page of this proposal. Page 8 of 8 SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this 10th day of December 2007 between the City of Aspen, Colorado, herein after referred to as the "City" and Washtime Industries, Inc. hereinafter referred to as the "Vendor". W ITNESSETH, that whereas the City wishes to purchase washers, bases, stackable dryers, and an ESD Smart Card System hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit A', in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth agree as follows: Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for the sum of Eighty Six Thousand One Hundred Sixteen Dolllars and Eighty Nine Cents Dollars ($68,116.89). 2. Deliv (FOB TRUSCOTT LAUNDRY FACILITY, ASPEN, CO) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. (per manufacturer). 5. Successors and Assians. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11.Certification Reggrdina Debarment Suspension Ineligibility and Voluntarv Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, dec-ared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all -ower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or q purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13.Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shalt be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15.~i.):y Council An rgoval. If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17.Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: ATTEST: City Clerk VENDOR: City Manager gZ2.3 W, Zq y"ST. 6r~ C.~ CA Ry63 ~/ 7~~1, ~- Title WASHTIME INDUSTRIES, INC. 8223 W. 20th SL P.O. Box 338409 Greeley, Co 80634 80a2T0~8539 Fax 970353-8001 PROPOSAUCONTfL4CT DATE 11nn007 Sdd To: City d Aspen-HOUSIng Kai Ramsey Stroet: 18 Trusco8 %ece City 8 St Aspen. CO 61811 Ship f.o: Job SNe Fedory Vie OTY: DESCRIPTION: 10 Continental Ett020 (ZOIb.) grevily dreln washers Ship To: same 3treel: City 8 State Pnone: 97as2o-s139 Fax: 974920-5368 REO. COST: DISC.ANIT NET PRICE TOTAL: E3,893.00 E3,893.00 538.930.00 10 Continental EH020 soft mcuM bases 4 Continental DDAG30KC 301b sleds dryer 1 ESD Smart Cerd Bask System Bask Value Adder,Besk sdNrere,card slMes. door aaess controller,deaktop vdue adder. cards Tax: TOTAL AMOUNT: Bulk Discount: Tole) after dkCOUnC Factory Freight: 0104301010431 X00 00 5300.00 E3,000.00 (8,975.00 58,975.00 527.900.00 512,418.80 512.418.80 512,418.80 Exempt 580.216.80 515 0 585,197.80 52,919.09 T{~" ~~ ~~ I tG ,~~' ~.~J~-~ OZOH3 CS) ~ ~ ~ 0 r~ o ® o 0 „ ~ ~ ~ ___- ~OZOH3l5) ~~_ ._ _ , ~NOEJV90lv), _ _ ,l i ~ ~ i ~ i ~ ~ ~_~ ~ ~ ' m W ~ ~~ ~ ~~ ~ ~ W ~ ~ C ~ W ~ U ~ ap O ~ p Y N ~ ~ ~ j ~ O Z a ~ c ~ ~- N J ~ ~~ ~ C Z ~ C E ' Eacvz ~U) N~ U ' ~ o m i cn a m~ ~~ 3z a VIII MEMORANDUM TO: Mayor and City Council FROM: Jim Considine, IS Director THRU: Paul Menter, Finance/Admin. Services Director DATE OF MEMO: November 26, 2007 MEETING DATE: December 3, 2007 RE: Contract for Installation of Storage Area Network (SAN) REQUEST OF COUNCIL: Council is being asked to approve a contract with IODynamix for $185,000 to install Storage Area Network (SAN) equipment. This expenditure is shared 50/50 with Pitkin County. BACKGROUND: A SAN was deemed necessary to keep up with the ever-increasing demands for networked disk storage on our computer data network. DISCUSSION: • The SAN solution was approved by the City/County Tech Team as it addressed a variety of storage issues in both acost-effective and energy efficient manner. • IS issued an RFP to establish a Vendor relationship to provide both SAN equipment and professional services for implementation and support. With 3 RFP finalists left, two people from IS went to Denver to see first-hand what the representative implementations had to offer. • IODynamix, a reseller of EqualLogic SAN equipment, was selected. The IS selection team felt that EqualLogic equipment provided the best value for our current data environment. • In addition to providing a current disk storage solution, the SAN will be the core technology that other efficiencies will be based upon. Server virtualization, imaging, data backup and recovery, disaster recovery and continuity of government are all technologies with which we will be able to leverage our investment in the SAN. We will be exploring these strategies for future purchase. FINANCIALBUDGET IMPACTS: The funding for this project is included in the AMP for 2008. The initial expenditure includes all of the core equipment needed to implement the Storage Area Network (SAN). RECOMMENDED ACTION: Approve the contract with ISC. Page 1 of 2 CITY MANAGER COMMENTS Page2of2 RESOLUTION # ~ p3 (Series of 2007) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND IO DYNAMIX, INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING WIRELESS AREA NETWORK STORAGE 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, Colorado, and IO Dynamix Inc., 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, Colorado, and IO Dynamix, Inc. regarding Wireless Area Network Storage 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: Michael C. Ireland, 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 December 3 , 2007 Kathryn S. Koch, City Clerk ~~yn ***Corporate Information*** Incorporated: State of Colorado in 1998 Federal Tax I.D. 84-1337807 Reseller No. 10-95130-0000 Dun & Bradstreet No. 87-755-0293 Website: www.iodynamix.com Remit to Address: 1200 Diamond Circle, Unit F - 1 Lafayette, CO 80026 Phone: 800-661-9650/303-665-9655 Fax: 303-665-0355 Shio to Address: 1200 Diamond Circle, Unit F - 1 Lafayette, CO 80026 Phone: 800-661-9650 Fax: 303-665-0355 Accounting Contact: Nicholas Cole AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and IODynamix, Inc., ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The es anticipate that all work pursuant to this agreement shall be completed no later thar~n request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed One Hundred Eighty Five Thousand Dollars ($185,000.00). Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they aze considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. Termination. The Professional or the City may ternvnate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the PS1-971.doc Page 1 termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepazed by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional maybe determined. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work aze under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, aze available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is PS1-971.doc Page 2 determined by the fmal judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. PS1-971.doc Page 3 (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PS1-971.doc Page 4 Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties orpromises pertaining to the project matter thereof not expressly incorporated in this writing. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: City Manager Greg Ask City of Aspen IoDynamix, Inc. 130 South Galena Street 1200 Diamond Circle, Until F-1 Aspen, CO 81611 Lafayette, CO 80026 Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly PS1-971.doc Page 5 contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms aze defined in the new law and by this reference aze incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. c. By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who aze newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. d. Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confine to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who aze not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such PS1-971.doc Page 6 application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby sweazs or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall PS1-971.doc Page 7 produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there aze no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page S ATTESTED BY: WITNESSED BY: By: Title: Date: CITY OF ASPEN, COLORADO: PROFESSIONAL: ,..L o D~/NA ~t ~ X ~ ...Z-NC. By, ~,erq ~QsK Title: ~GLO"n [ ~~.,9~ Date: ~~/~ i/ y o D 7 PS1-971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work PS1-971.doc Page ]0 Equvlogk P67E ry1 m ff-mnoyig 15CS1lolgs r~-D W hd-wppWNrni6daeaFtll WF Ou4we ~4hI1R6C poCOlm 2 GB 119mry.72llolf CMlayh~[Y W.0 W M- >~ yolHeq/w tiTnu. ~ Ii01~ld1t a0W< Rna 51~TB l 1LMTY IiMtle YdUIi.W~tl4iNYM1 PS~OE Z >f31,410aI1 ~BBA00.00 ' YFlnetbMO • Yalu1B • 111bn/e YrEbbYilcYp • vs r+owrrrpr • iuo s, a or s•+nna>o.iiia • sue-.~loi sw.na wa •TIYnPraMefulYg • MITG (~YaM.W YaYlp MoD PS1-971.doc Page 11 Te: Fes: FM Oi de0 K G>af~pn' PM CwF1Y bD/wY R. 1108u~b 6Y.u HiK If ibex 1]W Pamtl L1M Ui FI m eiell ~+F~•. ~~^ a: mmsoerts msemoxe Equal Logk: PS3700XV (1) 3U self-manapinp ISCSI storage anay -Dual hotswappable controllers each whh dua4ewa 84-0h RISC proussw 2 OB memory, M hour baUery Dock up, Dual hotaereppeble power supplks and fans, 3 redundant Gigabi Etlemat ports iw L4C31 connactlvily (16) 40D OB 10,000 RPM SAS disk ddves iw 12878 Raw. 4.&578 useable RAID70. 8.3278 useable RAID50. 9.7078 useable RAlllS. Included PS Series software • Storage Virhtallatlon • tkderoganeous OS Support • Vdume Snapshd- (Up to 512 per Vdume, Rid-Dray and RwdWrlOa, Scheduler) • Volume clontrlg • Auto-npliatlon • Vdume mamgement • Thin Provisioning • Autwretlc load balencing • PS Group Mareger • RAID 5,10 w 50 with hd sparing • Auto-srppshot Manapar • MPIO • Thin Prwrlelenmg MRTO (historkal trerMirg tod) Support and Malntarranee 3 Year Complete Care Support Full PS Sarles Anay Includes • 24 hour PriorMy Online /Telephone Support • Flardware Support - -Next Business Day Advanced HeMwan Replacement • Software SuppoR and Updates • New Feature Upgrade Service • Remote Mshlletlon Servce P5370tU( 2 143,800.00 187.600.00 tlsmT7 a sT,tao.oo sze,aoo.oo InshllatiodSet-up, Collflguration, Knowledge INSTRN 1 Ineluoad Included tnrefedtralnlrg i Wrleh (1-2 days, both lecatblts) 5785,000.00 PS1-971.doc Page 12 EXHIBIT "B" to Professional Services Agreement Rate Schedule Scope of Work is not to exceed One Hundred Thousand Eighty Five dollars (185,000). PS1-971.doc Page 13 Certification and Supplemental Conditions to Contract for Services - Conformance with ~8- 17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. PS]-97l.doc Page 14 ~~Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use' the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: PS1-971.doc Page 15 (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. Public Contract for Services: Contractor: By: Title: JPW- saved: 8/10/2006-667-M:\city\cityatty\contract\forms\certification - hb-06-1393. doc PS1-971.doc Page 16 MEMORANDUM TO: FROM: DATE OF MEMO: MEETING DATE: RE: Mayor and City Coun Paul Menter, Finance November 26, 2007 December 3, 2007 Proposed Use Tax Collection Ordinance vu~a. REQUEST OF COUNCIL: Staff request Council review and approval of the attached ordinance on first reading. This ordinance provides legislative authorization for the City to begin collection of a new 2.1 % use tax on construction materials in early January, 2008. PREVIOUS COUNCIL ACTION: Eazlier this fall, Council asked the voters of Aspen to consider approval of a new use tax on construction materials to be used for transportation services. The voters approved referendum 2A on November 6`h. This ordinance provides authority for the City to begin collection of this tax on or about January 10`s, 2008. Referendum 2A also provided authorization for a new .15% sales tax for the same purposes, to become effective September 2, 2009. Staff will be bringing a sepazate ordinance forwazd for this tax at a time closer to its implementation date. BACKGROUND: This ordinance provides a permanent funding source dedicated to in-town transit and transportation services that address the identified structural deficit in the transportation fund. This item has been the subject of budget policy discussions for several yeazs, and was anticipated to become critical beginning in 2009 with the increased levels of service planned for the new west end route required to serve Burlingame Ranch, the AABC and other areas west of the Mazoon Creek bridge. DISCUSSION: This ordinance provides the legal terms for the City's collection of the new 2.~% use tax on construction materials. Key elements of the ordinance include the following: 1. The first $100,000 of owner declared value of every permitted project will be exempt from this tax. 2. The ordinance requires the use of the "deposit method" of collection, and uses 50% of the declared value as the basis for collection of the deposit. Owners.S1~ the ~s~bmit returns at the end of the project to "true out" their tax payment and ensure accurate collection. 3. The City of Aspen reserves the right to audit any tax return in order to ensure accurate collection of the new tax. Page I of 2 4. Currently permitted projects will be required to remit use tax on construction materials purchased after the implementation date of the new tax (currently planned for January 10~', 2008), using either a monthly return process, or a deposit process similaz to the one required of new projects. Staff is currently developing the specific procedures for this tax collection. City and Pitkin County staff members are also working to create consistent tax collection systems and procedures to simplify the tax collection process for all contractors applying for permits with either jurisdiction. FINANCIALBUDGET IMPACTS: This ordinance will provide for the collection of use tax revenue which is anticipated to generate between $1.7 million and $3.5 million annually to fund transportation and transit services. ENVIRONMENTAL IMPACTS: RECOMMENDED ACTION: Staff recommends Council review and approval of the proposed ordinance on first reading. ALTERNATIVES: Alternatives aze limited. Voter approval of this new tax compels implementation under terms at or similaz to those proposed here. Also, failure to implement this tax will jeopardize the financial health of the City's transportation fund. PROPOSED MOTION: "I move to approve Ordinance #>>rrJ., a new 2.~% use tax on construction materials" CITY MANAGER ATTACHMENTS: Page 2 of 2 ORDINANCE NO. 55 SERIES OF 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 23 OF THE ASPEN MUNICIPAL CODE BY ADDING A NEW CHAPTER 23.52, ENTITLED "USE TAX" TO ADOPT A NEW 2.1% USE TAX ON CONSTRUCTION AND BUILDING MATERIALS, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, at an election held on November 6, 2007, the voters of the City of Aspen approved the following ballot question: SHALL THE CITY OF ASPEN TAXES BE INCREASED UP TO $1,722,000 FOR THE FIRST FULL FISCAL YEAR (2008) AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY A NEW 2.1% USE TAX ON CONSTRUCTION AND BUILDING MATERIALS; PROVIDED THAT THE FIRST ONE HUNDRED THOUSAND DOLLARS ($100,000) OF EACH BUILDING PERMIT VALUATION SHALL BE EXEMPT FROM USE TAX; AND SHALL CITY OF ASPEN TAXES BE INCREASED BY AN ESTIMATED $870,989 FOR THE FIRST FISCAL YEAR (2010) AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY A NEW 0.15% SALES TAX BECOMING EFFECTIVE UPON EXPIRATION OF THE CURRENT 0.25% SALES TAX; AND, PROVIDED FURTHER THAT THE REVENUES DERNED FROM SUCH SALES AND USE TAXES SHALL BE USED TO PAY THE COST OF OPERATION, MAINTENANCE, CAPITAL REPLACEMENT, AND IMPROVEMENT OF THE CITY TRANSIT SERVICE AND PEDESTRIAN AMENITIES; AND, PROVIDED FURTHER THAT THE FULL AMOUNT OF REVENUES DERIVED FROM THE SALES AND USE TAXES MAY BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION, INCLUDING THE LIMITATION CONTAINED IN ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION? *Use tax is collected on building materials purchased outside of the city and brought into the city For use; and WHEREAS, the City Council desires to levy an additional sales tax of 0.15% upon the expiration of the current 0.25% sales tax and a use tax on construction and building materials of 2.1 %. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Title 23 of the Aspen Municipal Code is hereby amended by the addition of a new Chapter 23.52 entitle "Use Tax." Chapter 23.52 Use Tax Sec. 23.52.1 Legislative Intent. H.B. 1007, enacted by the Fifty-fifth Colorado General Assembly and approved by the Governor on June 6, 1985, sets forth procedures for the collection of sales and use taxes_by home rule cities. This Chapter contains provisions which aze consistent with some of those set forth in H.B. 1007. The City Council finds that Article XX of the Colorado Constitution grants plenary power to home rule cities to levy and collect taxes within the City limits. The City Council does not endorse restrictions on the taxing power of home rule cities. Thus, it is the intent of the City Council in enacting provisions consistent with H.B. 1007 to assist the business community, but not in any way to prejudice the City's right to fully exercise its Constitutional authority to levy and collect taxes within its boundaries. Sec. 23.52.2 Words and Phrases Defined: Unless the context cleazly indicates otherwise, the following words and phrases as used in this Chapter shall have the following meaning: Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. Use Tax means the tax paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming inside the corporate limits of the City of Aspen construction materials as defined in this chapter that are acquired inside or outside of the corporate limits of the City of Aspen upon which a City of Aspen sales tax is not paid. Sec. 23.52.3 Rate; Imposition and Collection; Distribution; Effective date A. Use Tax Levv: There is hereby levied a tax or excise upon the privilege of using, storing, distributing, or otherwise consuming in the City construction materials as defined in this chapter from sources inside or outside the City, on which the City sales tax has not been paid. For sales transacted on or after January 10, 2008, the rate levied shall be two and one tenth percent (2.1%). B. Imposition and Collection: The tax specified in this Section is imposed upon the purchaser. Any seller shall collect the tax and remit it to the City pursuant to Chapter 23.08. C, Application of funds: All funds received by the City pursuant to this Chapter (Use taxes) shall be deposited in a sepazate fund. The funds shall be subject to appropriation by City Council of the City, or its designee, only for the purposes to pay the cost of operation, maintenance, capital replacement, or improvement of the City transit service and pedestrian improvements; all in accordance with the purposes and limitations imposed by the ballot measure authorizing the collection of the use tax. D. Effective date: The provisions of the Chapter shall be effective upon the tenth day of 2008 (January 10, 2008) and shall continue to be levied and collected until amended or repealed by ordinance. The tax imposed in this Chapter shall be in addition to all other taxes imposed by law. Sec. 23.52.4 Exemptions; Applicability. The following list of exemptions cannot be increased by implication or similarity. In all cases, the burden of proof is upon the taxpayer to establish an exemption. The following aze exempt from the use tax imposed by this Chapter: (A) The first one hundred thousand dollars ($100,000.00) of building permit valuation; (B) The storage, use, or consumption of any tangible personal property the sale of which is subject to a retail sales tax imposed by the City; (C) The storage, use, or consumption of any tangible personal property purchased for resale in the City of Aspen, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business. (D) The storage, use, or consumption of tangible personal property brought into the City of Aspen by a nonresident thereof for his or her own storage, use, or consumption while temporarily within the City of Aspen; however, this exemption does not apply to the storage, use, or consumption of tangible personal property brought into this state by a nonresident to be used in the conduct of a business in this state; (E) The storage, use, or consumption of tangible personal property by the United States government, or the State of Colorado, or its institutions, or its political subdivision in their governmental capacities only or by religious or charitable corporations in the conduct of their regular religious or charitable functions; (F) The storage, use, or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for sale, profit, or use of any article, substance, or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case thereof; (G) The use, storage, or consumption of any article of tangible personal property the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule town, city, or city and county equal to or in excess of the use tax imposed herein. A credit shall be granted against the town's use tax with respect to a person's use, storage, or consumption in the City of tangible personal property purchased by him in a previous statutory or home rule town, city, or city and county. The amount of the credit to equal the tax paid by him by reason of the imposition of a sales or use tax of the previous statutory or home rule town, city, or city and county on his purchase or use of the property. The amount of credit shall not exceed the amount of the Use Tax imposed herein. (H) The storage, use, or consumption of tangible personal property and household effects acquired outside of the town and brought into it by a nonresident acquiring residency; (I) The storage of construction and building materials; and (J) Any transaction which the City of Aspen is prohibited from taxing under the Constitution and laws of the United States of America, or under the Constitution of the State of Colorado. Sec. 23.52.5 Provisions Relative to Building Permits. (A) Every person who is required to obtain a City building permit shall remit use tax on construction materials used on that project, whether purchased from sources inside or outside the City, by one of the following methods: 1. Estimated prepayment. The estimated cost of construction materials shall be calculated by multiplying the total valuation of the construction project, entered on the building permit by the City Building Division, by fifty percent (50%). Use tax on such estimated cost of construction materials shall be paid at the time the building permit is issued. Use tax on the actual cost of materials may be subsequently determined through final reconciliation before receipt of a Certificate of Occupancy. If use tax is prepaid, interest on any tax deficiency related to construction materials shall be computed from the date of issuance of the certificate of occupancy. All projects permitted on or after January 1, 2008, shall be required to use this method of payment. 2. Actual cost. The actual cost of construction materials shall be reported and paid on monthly returns. If use tax is paid on an actual cost basis, interest on any tax deficiency shall be computed from the date on which tax is due. (B) Nothing in this Section shall be interpreted to reallocate the responsibility for payment of use tax imposed by law. Section 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. Section 4. A public hearing on this ordinance will be held the day of 2007 at 5:00 p.m. in City Council chambers, 130 South Galena. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of 2007. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Ben Gagnon, Special Projects Planner gG' THRU: Chris Bendon, Director, Community Development DATE OF MEMO: November 26, 2007 MEETING DATE: December 3, 2007 RE: Temporary Use Permit for a Ere engine shelter at the Zupancis Property, 540 East Main St. APPLICANT: STAFF RECOMMENDATION: Aspen Fire Protection District Staff recommends approval of the Temporary Use Permit. OWNER: City of Aspen SUMMARY: REPRESENTATIVE: The Appllcant iegUCStS a temporary nSe permit for Leslie Lamont afire engine shelter, to be located behind the former residential structure that currently houses LOCATION: the City Parking Department, as shown below. Zupancis Property 540 East Main St. CURRENT ZONING & USE Commercial Core (CC) and Service/Commercial/Industrial (SCI). Location of City Parking Department, and Aspen Fire Marshall office. PROPOSED LAND USE: Temporary Use Permit for fire engine shelter LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: Temporary Use Permit for a fire engine shelter pursuant to Land Use Code Section 26.450.030 (City Council is the final review authority who may approve, approve with conditions, or deny the permit). ISSUE SUMMARY: In prepazation for redevelopment of the Hopkins Street Fire Station, the AFPD has determined that in order to maintain emergency response capability, it would be necessary to temporarily locate afire engine off the Hopkins Street site while redevelopment occurs at the Hopkins Street site. The AFPD is seeking approval for a Temporary Use Permit in order to begin preparing the Zupancis Property site for the installation of aone-story, tent-like fire engine shelter as soon as possible. This preparatory work will allow for the installation of the shelter and the relocation of the fire engine in a timely manner, in order to begin redevelopment of the Hopkins Street Fire Station as soon as possible in the spring, to minimize the redevelopment period. This preparatory work would take place prior to final entitlement of the Hopkins Street Headquarters Station redevelopment to ensure a smooth transition and continuity of emergency service. At the same time, the AFPD is requesting, pursuant to Resolution No.~, to include the Zupancis Property within the COWOP land use review, in addition to the Hopkins Street site. The intent is to allow the COWOP Task Force Team fo determine the parameters of the use of the Zupancis Property, including the term of the temporary use. This issue would again come before City Council as part of a proposed COWOP ordinance. This land use review process was used during the Obermeyer Place COWOP to define the parameters and term of the use of temporary modular buildings at the Zupancis Property, which temporazily housed businesses during the construction of Obermeyer Place. Assistant City Manager Bentley Henderson has provided consent to the AFPD to apply for this Temporazy Use Permit. STAFF COMMENTS: TEMPORARY USE PERMIT Approval of a Temporary Use Permit will allow the AFPD to begin prepazing the Zupancis Property site for the installation of a one-story fire engine shelter as soon as possible. (Informal building permit review has already occurred and the building permit could be issued rapidly, if Council approves a Temporary Use Permit. The Temporary Use Permit would run for six (6) months upon issuance of the building permit.) Preparing the Zupancis site for the relocation of the fire engine in a timely manner will allow redevelopment of the Hopkins Street Fire Station to begin as soon as possible in the spring. It is in the public interest to minimize the redevelopment period in order to bring the new Hopkins Street Fire Station to its full capability as soon as possible. In addition, the Zupancis Property is an optimal temporary location for the fire engine, as the site was under serious consideration as a permanent Fire Station in recent years. Noise impacts will be minimal, as the stationary fire siren will not be located at the Zupancis Property. When responding to emergencies, the fire engine will use its siren to alert neazby pedestrians and vehicles. This noise impact is offset by the ovemding need to protect public health and safety. 2 The Temporary Use review criteria are outlined in Land Use Code section 26.450.030; Staff Review is attached as Exhibit A. RECOMMENDATION: Staff recommends approval of the Temporary Use Permit for the fire engine shelter. RECOMMENDED MOTION: "I move to approve Resolution NoC~, Series of 2007, granting a Temporary Use Permit to the Aspen Fire Protection District, for a fire engine shelter to be located at the Zupancis Property, 540 East Main Street, with conditions." EXHIBiT B --Application EXHIBIT A -Review Criteria and Staff Findings RESOLUTION NO. ~~ (Series of 2007) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF A SHELTER FOR ONE FIRE ENGINE LOCATED ON THE ZUPANCIS PROPERTY, 540 EAST MAIN STREET, A METES AND BOUNDS PARCEL, EAST ASPEN ADDITION, BLOCK 19, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-24-003 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, the Aspen Fire Protection District, has submitted an application for a Temporary Use Permit to place a shelter for one fire engine on the Zupancis Property, at 540 East Main St.; and, WHEREAS, the Applicant requests to begin installation of the shelter immediately upon receipt of a City of Aspen building permit, and to use the shelter for a period of six (6) months from the date of receipt of the building permit; and, WHEREAS, the Applicant is simultaneously applying under Resolution No. _, Series of 2007, to include the Zupancis Property as additional lands within the Fire Station Redevelopment COWOP land use review in order to authorize the COWOP Task Force Team to review the use of the Zupancis Property for this same fire engine shelter, so that the COWOP Task Force Team can more closely determine the necessary term of the shelter's use; and, WHEREAS, the Assistant City Manager has granted the Aspen Fire Protection District consent to pursue this temporary use request; and, WHEREAS, the Community Development Department has reviewed the temporary use application, and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the chazacter and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on November 26, 2007, at which time this matter was continued until December 3, 2007; and, WHEREAS, City Council conducted a duly noticed public hearing on December 26, 2007; and, WHEREAS, City Council has reviewed and considered the temporary use request under the applicable provisions in the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standards; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant the Aspen Fire Protection District a Temporazy Use Permit to place a shelter for one fire engine at the Zupancis Property at 540 East Main St., with the following conditions: 1. The Applicant must obtain a building permit before erecting the tent. 2. The temporary use is valid from date of issuance of a City of Aspen building permit, and for a period of six (6) months. 3. The tent must be completely disassembled six months from the date of issuance of a City of Aspen building permit, unless subsequent land use approvals have been executed. 4. The temporary use shall allow for aone-story shelter of twenty-six feet (26) feet by forty (40) feet. 5. During the building permit application process, applicant shall consult with the Historic Preservation Officer to ensure no damage is done to the historic McCutchy cabins at the reaz of the property. 6. All material representations made in the application and in the hearing by the Applicant and the Applicant's representative shall be considered conditions of approval, unless amended by other conditions. Section 2: 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 construed and concluded under such prior ordinances. 2 Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. RESOLVED, passed and approved this _ day of , 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland Approved as to form: John P. Worcester, City Attorney 3 EXHIBIT A 26.450.030 CRITERIA APPLICABLE TO ALL TEMPORARY USES. Section 26.450.030 of the City Land Use Code provides that the City Council shall consider the following criteria, as applicable, when reviewing development applications for a temporary use: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. The proposed temporary use is a shelter for a fire engine for the Aspen Fire Protection District at the Zupancis Property at 540 East Main St. The one-story shelter will be twenty-six feet (26) feet by forty (40) feet. The shelter will be installed upon issuance of a building permit and for a period of six months, unless subsequent land use approvals are executed. The shelter will house a fire engine for the purpose of emergency response to protect the public health and safety. The fire siren will not be located on the Zupancis Property. The fire engine will use the existing curb cut at 540 East Main St. to access Main Street (Highway 82) as needed. The height of the one-story shelter is substantially lower than the existing buildings adjacent to the site. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed shelter is compatible with surrounding uses in the neighborhood. Emergency and public safety vehicles related to the Aspen Police Department and the Pitkin County Sheriff's Office currently respond from Galena Street Ext., just one block west of the Zupancis Property. The mass and scale of the one-story shelter is substantially smaller than surrounding buildings. Staff finds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular trafftc and traffic patterns, municipal services, noise levels, and neighborhood character. The Zupancis Property had been carefully considered as a permanent location for the Aspen Fire Station Headquarters in recent years. While the Aspen Fire Protection District chose not to use the Zupancis Property on a permanent basis, extensive research showed this site to be appropriate with regard to impacts on pedestrian and vehicular traffic and traffic patterns. The stationary fire siren will not be located on the Zupancis Property. When responding to emergencies, the fire engine will use its siren to alert nearby pedestrians and vehicles. This noise impact is offset by the overriding need to protect public health and safety. With regard to neighborhood character, emergency and public safety vehicles related to the Aspen Police Department and the Pitkin County Sheriffs Office currently respond from Galena Street Ext., just one block west of the Zupancis Property. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The operational time for this temporary use permit is six months from the issuance of a building permit, unless subsequent land use approvals are executed. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. The Zupancis Property includes multiple zone districts, including Service/Commercial/Industrial (SCI) and Commercial Core (CC). The Zupancis Property has never been used for SCI purposes. The SCI District allows for warehousing and storage. The CC District allows public uses such as emergency response. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The use of a shelter for a fire engine is consistent with the range of civic purposes in the immediate area. Staff finds this criterion to be met. C. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The use of a fire engine shelter will enhance the general public health, safety and welfare by continuing emergency response services during the reconstruction of the Aspen Fire Station at 420 East Hopkins. Staff finds this criterion to be met. 2 ~'x N ~1T ~T a November 12, 2007 Mr. Chris Bendon, Director Aspen Community Development Department Third Floor, Aspen City Hall 130 S. Galena Street Aspen, CO 81611 Re: Application for Certificate of Temporary Use Permit (26.450.030) Dear Mr. Bendon, 420 E. HOPKINS AVENUE ASPEN, COLORADO 81611 (970) 925-5532 FAX (970) 920-4451 In the Spring/Summer of 2008, the Headquarters Fire Station of the Aspen Fire Protection District, located at 420 E. Hopkins Avenue in the City of Aspen, is scheduled for complete demolition and a complete rebuild. During the estimated construction schedule of 18 to 24 months, all fire department operations, fire apparatus and equipment will be moved to the new North 40 substation currently neazing completion at the AABC. In the interest of maintaining a rapid response to fire/rescue emergencies and service calls within the City, the District has been pursuing an operationally sound location to position a heated, temporary shelter to enable afirst-due fire engine to remain in-service, in town. The very conditions that have driven our development of the North 40 substation (the dangerous and delayed response created by limited access issues over Castle Creek) prompt our efforts not to leave the City without immediate emergency response within the core. Such a location has been identified on the Zupancis Property, currently owned by the City of Aspen. While both the City Parking Department and Parks Department are utilizing the site, consultation with both departments has identified a footprint location that will not interfere with their ongoing and anticipated uses. The site plan attached shows our mutually agreed upon 26'x 40' footprint. This footprint clearly positions us in the SCI zoned portion of the property which we believe is consistent with the allowed uses in the SCI. I note that Parking is utilizing facilities and conducting vehicle impound operations in the same zone. I was also informed that the Parks Department is planning on staging winter sidewalk maintenance vehicles and storing de-ice materials within the same zone and within one of the historic structures. The attached structure requires no foundation work other than leveling the gravel, no underground utility work, will utilize a 3001b propane tank for heating (legally located as described in the code), and 40 amps of power to be drawn from an existing electric panel attached to the historic garage. The power is necessary for lights, heater fans, and a wireless low temperature alarm to alert us to the danger of a fire engine water line freezing. Please find included with this submittal a letter from the City Manager's office granting us permission to use this site for our purposes, pursuant to appropriate review, as well as permission to submit this application for staff's consideration. I[ is through this Temporary Use review process that our limited uses and temporary nature of our proposed fire engine shelter shall be confirmed with City Government. Although we seek a temporary use permit for the temporary shelter, it is our objective to utilize the Zupancis property for this shelter beyond the 180 days provided for temporary uses. To extend the timeframe of the shelter we intend to consider this as part of the renewed COWOP process for the Headquarters Station. It is anticipated that COWOP review of the final design and development plans for the Headquarters will start December of this year. At the earliest opportunity our operations will reclaim the new fire station on Hopkins Ave. and completely remove our temporary shelter and any traces of its existence on the Zupancis parcel. It is our goal to be fully operational in our new Headquarters Fire Station by first quarter of 2010. Please find attached to this cover letter our response to the standards of Section 26.450.030 -Temporary Use. On behalf of the Aspen Fire Protection District, Leslie Lamont of Lamont Planning Services, LLC is our authorized representative in this matter. Please do not hesitate to contact me or Leslie if you have any questions or need further information. I look forward to a timely resolution of this matter. Sincerely, f~- Darryl Grob, Chief Aspen Fire Protection District 420 E. Hopkins Avenue Aspen, Colorado 81611 925-5532 LAND USE REVIEW SECTION I. General Description of Project The Aspen Fire Protection District seeks to install a temporary shelter to maintain one first- due response fire engine in downtown Aspen while the Headquarters building on East Hopkins Street is being reconstructed. The District has identified the Zupancis property as the best location for this temporary shelter due to its centralized location. The District has located a footprint on the property that does not interfere with the current activities on the property or impact the existing structures. The footprint of the shelter is within the SCI zone district portion of this property and the District believes that this temporary use is consistent with the inter of the wne district. The location of the shelter is also adjacent to the Crescent Building in the Obermeyer Place project. Please refer to the attached site plan. The footprint of the shelter is highlighted in yellow. The footprint of the shelter is 26' x 40' and does not require a foundation. It is necessary to heat the enclosure to ma; ain the fire engine in a ready response mode. A 3001b propane tank will be used (legally located as described in the code) and 40 amps of power will draw from an existing panel attached to the historic garage for lights and heater fans. A wireless low temperature alarm will also be installed to alert staff if a fire engine water line starts to freeze. Please refer to the shelter specifics attached to this application. Sec. 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Developme~ Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Response: The structure will shelter one fire engine. The structure is 1,040 square feet and 18 feet tall. The shelter will be heated via an existing electric panel on the historic garage to ensure that water lines do not freeze. The propane tank will be located behind the shelter in the northwest corner. The structure will be located at the back of the Zupancis property. Please refer to the attached site plan for the specific location of the shelter. There are no significant views the shelter would block and the shelter will not block access to the buildings on the Zupancis properly or the Crescent building located directly east of the shelter foot print. The shelter will sit idle, providing a protective cover for a first response fire engine, until an emergency call. When a call is made four to six firefighters will arrive onto the site to activate the engine. Volunteer parking will occur on site. The fire department will only begin to "tun code" when the engine enters Main Street which means lights and sirens will not rum on until Main Street. Aspen Fire Protection District 1 Temporary Use Application November 13, 2007 B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Response: This area of Aspen is a mixed use neighborhood. Residential uses have been located within the SCI zone district as well as auto oriented services and simple commereiaUoffice uses. Main Street is Aspen's Primary artery through town and during the summer and winter seasons funnel a high amount of traffic between the east and west sides of the City. RFTA bus traffic and a great deal of summer tourist traffic pass by this point on Main Street The Zupancis property is graded flat with a gravel surface. Vehicles access the Zupancis property on a driveway off of Main Street. The driveway provides access to all the building on the property and is located on the east side of the property. 'There is very little buffer between the driveway and the uses to the east. Several City of Aspen operations utilize the Zupancis property. A portion of the lot is used as an impound lot for the Parking Department and it is our understanding that the Parks Department is planning to conduct winter sidewalk maintenance out of this property and store de-icing materials on the property. A satellite fire district office is alan located on the property. Directly to the west of the property is the multi-story Pitkin County office building and the Pitkin County jail. The three story "crescent building" of Obermeyer Place is the closest building to the proposed shelter. It is located directly east of the shelter. The Crescent building is a mixed use building with neighborhood commercial and office uses on the first floor and residential on the second and third floor. The grade of the Zupancis property is level with the second floor of the Crescent building and the residential units. Access to some of the residential units of the Crescent building is via a sidewalk that abuts the gravel driveway on the Zupancis property. Although the shelter is very close to the building, orientation of the residential units is to the east and south. Outdoor living spaces are oriented in the same manner but there are windows on the west side of the building. Although the location of a fire. engine and characteristic of a temporary shelter may negatively impact the adjacent residential units of the Crescent building as well as other residential unit in Obermeyer Place and the Concept 600 building, the central location of the engine is significant as a first emergency response unit. This is a temporary situation that will be relocated back into the reconstructed headquarters building by the spring of 2010. The importance to the public safety and welfare should outweigh occasional disruption to adjacent residents. The use and location of the shelter is compatible with the current public uses of the Zupancis property. The location of the shelter does not compromise the historic resources or their relationship to each other. Aspen Fire Protection District 2 Temporary Use Application November 13, 2007 C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Response: There should be no pedestrian traffic through the site. Access to the Crescent building is via a sidewalk dedicated to that building. hnpacts to pedestrian and vehicular traffic on Main Street would not occur until there is a call for service. In the event of a call the Zupancis property will be the receiving area for four to six firefighters. Once the engine is activated all other firefighters will be redirected to the event Parking for the volunteers that activate the engine will occur on site. Lights and sirens will be controlled until the engine enters the sidewalk on Main Street The Headquarters siren will not be located to this site. D. The duration of the proposed temporary use and whether a ternPorarY use ~ Previously been agproved for the structure, parcel, property or location as proposed in the application. Response: The Fire District purposes to prep the site for installation as soon as possible. Installation of the structure is related to the demolition of the current Head Quarters on East Hopkins Street. It is anticipated that the engine will be located on the Zupancis property in early spring of 2008. The duration of the temporary shelter will be 180 days unless extended via the COWOP process for final design and development review of the Head Quarters redevelopment That renewed COWOP process will commence December of this y~'• E. The purposes and interrt of the zone district in which the temporary use is proposed. Response: The Zupancis property is zoned commercial on the front half next to Main Street and Service/Commercial/industrial (SCI) on the back half. The location of the shelter is in the SCI zone district The shelter and the fire engine are consistent with the atlowed uses in the SCI zone district such as gauge, warehousing and auto oriented type uses. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Response: Due to the redevelopment of the Head Quarters station on East Hopkins Street it is necessary to locate a temporary shelter for a first response fire engine in the heart of the City. While the HQ is under construction most of the fire station operations will be relocated to the new North Forty station at the Airport Business Center. However, traffic congestion in and out of town requires that a fire engine is stationed downtown for ready access to in-town emergencies. The Zupancis property has been included in a master plan process that outlined future civic uses for the property. Restoration of the historic resources and a defined budget has been approved. Based upon discussions with City staff, the District is confident that the shelter will not interfere with the redevelopment timeline of the Zupancis property. It is planned Aspen Fire Protection District Temporary Use Application November I3, 2007 that the Headquarters station on East Hopkins will be completed by the first quarter of 2010 by which time the shelter will be removed and the property restored to its current condition. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfaze. Response: Keeping a first response fire engine in town will ensure a timely response in the event of an emergency. In addition, many fire department volunteers work in-town and the Zupancis location provides a central location for those to access the vehicle while back- up arrives from the North Forty station. This location is ideally suited to put into motion an engine directly onto Main Street and all the main arteries of the rest of the community. The Zupancis property also positions the engine for a straight shot up Hunter Street to access the base of Aspen Mountain and the south end of downtown. Emergency services can be impactful at the time of an event. However, the ability to strategically locate a fire engine on a temporary basis on this properly and the benefit provided to the safety and welfare of the general public should outweigh the temporary negative impacts to nearby residents. Attachments: 1. Consent to pursue land use review 2. Site Plan 3. Sketch of shelter Aspen Fire Protection District 4 Temporary Use Application November 13, 2007 November 12, 200'7 Mr. Ben Gaglon 130 S. Galena St. Aspen, CO 81611 12E: 540•E. Main Street (Zupancis property) Dear Mr. Gagnon, THE CIfY OF ASPEN I am writing this letter to confirm that the City of Aspen ovens .tho property commonly !mows as the Zupancis property looted at 540 E. Mafia Stroa, Aspen, CO. The property is legally (mown as Lots 9 Ft 10, Bloc& 19, East Aspen Addition. To the. best of my Lmovvledge there are no mortgages,, lions, judgnents, esaemeuts, connects. or agreemems that would adversely impact the City's ability to gra3lt consent to the Fire Protection District to apply for a land use appl?cation on,this property. Ftuther, the City gents consent permitting the Fire Protection District to pursue a land use application for the above mentioned parcel. If you have any questions do not hesitate to contact me at 920-5085. Sincerely, City Manager . ~~'. 130 ~,n GN.ero~9nser• Arent Cwonoo816fi Pore 970.9105000 Fnx 9A.910.6197 ewrrae,a.,,.,.. . n Oct•19. 2001 I1:OlAl1 COVER ALL SPACES No•SS69 P. 2 1 * o ~ a ~ ~' ~ ~ - I 1 1 I i_ i_ 1 1 i i I i 1 1 1 -I-_! !-!„J'J I _~~_I i i 1_J._-{.. .1-1-.~.-I. I 4--L..I- ~- ~-J- iV I 1 i 1 1 ! ! 1 I I 1 I I 1 1 f 1 i 1 I 1 1 I 1 (JI I _L, I~J_ .. J._J-1 _1_1..1 _.L._L _L _1_.J_r-J ' ~ 1~ _I I I I 1 I 1 I 1 1 I 1 I 1 1 I - r- J _ J~_.J._._i - 1 - 1._.L.- L _ 4- _ -L _I-.J_ J _ J ~ ~ I 1 I 1 I I 1 1 1 1 1 1 1 I I 1 1 I 1 ~ F_F _._I_-1_~--1 .. 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D 1 N G S 1.8Q0.268.3768 • No.8889 P. 4 www.corerall.net ~~ aae~ OCT i B 221>NI7 COVER ALL SPACE CO. 747 28,b RoMI C,~a-1d.h117dfOn,CO 61606 (970)216.1000 ~ ~ _.....' I -~--~.. ! I r;__ t ~- r( r-}~_ ;~ i I~ i j ....' _.i i : i ~ 1 p t t : i l ~ I ' ! ~ 1 _r'~ : 1 E l - -- i i i -..+. i ~~~ ' 1 i :: I -4-- ~ ~'t--~ - e i i -.~.~ i I ~ ` ~-- .t j .. - i t ~ r i 1 : i } LI .~~ . ..~ I s f~ i i ' ~~ ` ~' - ~ 1 ~~ - 1 i ~ r ~r-~ ~i~i ' ~ ~ I i 1 i I I ~ 1 : ~ I 1 I i ..~--L 1 ~L~l~~ i _. ... ~."~ ~ ~ ?"" . ,;_ . ~ 1 _w.. _ i , ~ . -t- ~_. ' I ~ ;~ I 1 1 1 1 _ i i ~ _ _ ~~ . I 1 1 i i i~ l ~ ~, ; i i ` 3 i i i ~ i 1 ~ ,~ i I ' _L ~Y ; i I ~ 1 T ~ i ` 1 1 S ' 1 1 i I rt ; ~ I _..~. -{ : ~ i f ~ . I V i i ,. i ~--- ~ ~_ ' 4 ; .__l._ T~.. ~ 1 I t I . i ~~.1 --i .-.- ~'.fj -_ ~-~ri~ ~ ~ i i i t 1 i ~~ i ~L._, ___~.~ .._...:.~.~.~.___ i 1 1 I i _....~_..,_ 1 Att•IaIOMt, lxb MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Ben Gagnon, Special Projects Planner ~~ DATE OF MEMO: November 26, 2007 MEETING DATE: December 3, 2007 RE: Aspen Fire Station Redevelopment COWOP -Public Hearing Inclusion of additional lands (Zupancis Property) in Fire Station Redevelopment COWOP Land Use Review Resolution No.~~, Series of 2007 APPLICANT: Aspen Fire Protection District REPRESENTATIVE: Leslie Lamont OWNER: City of Aspen LOCATION: Zupancis Property 540 East Main St. CURRENT ZONING & USE Commercial Core (CC) and Service/Commercial/Industrial (SCI). Location of City Parking Department, and Aspen Fire Marshall office. PROPOSED LAND USE: Include the Zupancis Property as additional lands in the Fire Station Redevelopment COWOP Land Use Review. STAFF RECOMMENDATION: Staff recommends including the Zupancis Property as additional lands to be included in the Fire Station Redevelopment COWOP Land Use Review. ISSUES SUMMARY: The redevelopment of the Aspen Fire Station and The Thrift Shop has been proceeding through two land use reviews since January 2006, namely a COWOP review and a Historic Preservation Commission review. This memo will focus on the COWOP review, with emphasis on a request by the Aspen Fire Protection District (AFPD) to include additional lands within the COWOP review process. The Aspen Fire Station Redevelopment COWOP project was determined eligible for the City's Convenience and Welfare of the Public (COWOP) land use review process pursuant to Resolution 4, Series of 2006, approved by City Council on January 9, 2006. The scope of the COWOP project was a redevelopment of the Hopkins Street Fire Station and The Thrift Shop. On Mazch 13, 2006, City Council approved Resolution No. 15, endorsing the COWOP Task Force Team's conceptual use program, site plan and building, massing and form plan for the Fire Station and Thrift Shop site. In May 2006, an election of voters within the Aspen Fire Protection District (AFPD) was held, approving a bond issuance to fund the construction of a new substation at North 40 in Pitkin County, and for the ultimate redevelopment of the Hopkins St. Fire Station. Since that time, the COWOP Task Force Team suspended meetings while the AFPD focused on the design and construction of a new substation at the North 40 site, the completion of which is necessary prior to any redevelopment of the Hopkins Street Fire Station. Today, with the North 40 substation substantially completed, the AFPD is turning its attention back to the COWOP land use review for the Hopkins Street Fire Station. The COWOP Task Force Team will soon be reassembled to review final land use entitlements, and to submit a proposed ordinance to City Council. At this time, the AFPD is requesting that Council amend Resolution No. 4, Series of 2006, to include the Zupancis Property, at 540 East Main Street, within the COWOP land use review, in addition to the Hopkins Street site. The intent of the AFPD is to temporarily use a portion of the Zupancis Property to construct an enclosure that would house a fire engine during the period when the Hopkins Street Fire Station is under construction. The stationary fire siren will not be located at the Zupancis property. The AFPD is also requesting to supplement the COWOP Task Force Team membership, as some members no longer represent the board or committee they did during the previous COWOP sessions. For example, Steve Skadron formerly represented the P&Z, and Dwayne Romero formerly represented the Aspen Fire District Board. While both will remain on the COWOP Task Force Team, they will now represent the City Council. (Please see Exhibit A for updated roster.) MAIN ISSUES: If the Additional Lands are not included in the Aspen Fire Station project. Aspen Fire Chief Darryl Grob has explored other options to temporarily locate the ladder truck, most notably the Aspen Consolidated Sanitation District site on N. Mill Street. Chief Grob found the Zupancis Property location to be optimal with regard to emergency response times, and noted that the grade along N. Mill Street would be problematic for the ladder truck in winter months. Project Update: The COWOP Task Force Team will reconvene in December after City Council's decision regarding the request to include the Zupancis Property within the COWOP land use review process. All meetings are fully noticed and open to the public. STAFF COMMENTS: Adding the Zupancis Property to the Fire Station Redevelopment COWOP will allow for the COWOP Task Force Team to recommend the parameters of using the Zupancis Property for the temporary fire engine shelter, including the term of use. RECOMMENDATION: Staff recommends City Council add the Zupancis Property as additional lands under the Aspen Fire Station Redevelopment COWOP land use review. RECOMMENDED MOTION: "I move to approve Resolution No. ! `, Series of 2007, expanding the physical scope of the Aspen Fire Station Redevelopment COWOP project and augmenting the COWOP Task Force Team to include Alison Agley, representing the Historic Preservation Commission; Courtney Lord, a representative of neighboring property; and Susie Krevoy, a representative of neighboring property." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A -Updated roster of COWOP Task Force Team EXHIBIT B --Application 3 RESOLUTION N0. C~ l (SERIES OF 2007) A RESOLUTION OF THE ASPEN CITY COUNCIL INCLUDING ADDITIONAL LANDS IN THE ASPEN FIRE STATION REDEVELOPMENT COWOP LAND USE REVIEW PROCESS, KNOWN AS THE ZUPANCIS PROPERTY, AT 540 EAST MAIN STREET, A METES AND BOUNDS PARCEL, EAST ASPEN ADDITION, BLOCK 19, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-24-003 WHEREAS, pursuant to Resolution No. 4, Series of 2006, the Aspen City Council determined that the redevelopment of certain lands owned by the City of Aspen at 420 East Hopkins, as more fully described in said Resolution, for the purpose of the redevelopment of the Aspen Fire Station, was eligible for the City of Aspen's Development Reasonably Necessary for the Convenience and Welfare of the Public (COWOP) review process; and, WHEREAS, the Aspen Fire Protection District (COWOP co-applicant) has determined the need to include the Zupancis Property at 540 East Main St., owned by the City of Aspen, within the Aspen Fire Station Redevelopment COWOP land use review, to accommodate the continuation of emergency services during the redevelopment of the Aspen Fire Station at 520 East Hopkins Ave.; and, WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City Council may amend a determination whether a proposed development is reasonably necessary for the convenience and welfaze of the public by applying the standards of Section 26.500.040 during a duly noticed public heazing after taking and considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Community Development Director determined that the Aspen Fire Station Redevelopment COWOP Task Force Team should have the authority to recommend temporary improvements to a portion of the Zupancis Property at 540 East Main St. to accommodate the continuation of emergency services during the redevelopment of the Aspen Fire Station at 520 East Hopkins Ave, and recommended addition of said areas to the Aspen Fire Station Redevelopment COWOP land use review; and, WHEREAS, the owner of said additional lands, the City of Aspen, has consented to the inclusion of the land to the Aspen Fire Station Redevelopment COWOP land use 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 Community 1 Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the inclusion of the additional described lands to the Aspen Fire Station Redevelopment COWOP project meets or exceeds the Standazds for Determination, Section 26.500.040, for the following reasons: 1. The temporary improvement of the additional lands at 540 East Main St. represents a phasing strategy for the continued provision of emergency services during the redevelopment of the Aspen Fire Station, at 420 East Hopkins, supporting the same basic project goals as the lands described in Resolution No. 4, Series of 2006. 2. The temporazy improvement of the additional lands at 540 East Main St. would maintain a critical element of the public infrastructure, providing significant community benefit in the form of continued emergency services. WHEREAS, the City Council finds that this Resolution 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, COLORADO THAT: Section One• Pursuant to Section 26.500.040 of the Land Use Code, the physical boundaries of the Aspen Fire Station Redevelopment COWOP land use review aze expanded to include, in addition to the lands described in Resolution 4, Series of 2006, the Zupancis Property described as follows: East Aspen Addition, Block 19, Lot 9 & Lot 10, part of Lot 8 also M/B Section, Township, Range: 7-10-84, Parcel I.D. # 273707324003. Section Two• The Aspen Fire Station Redevelopment COWOP Task Force Team shall be augmented to include Alison Agley, a representative of the City's Historic Preservation Commission; Pam Cunningham, a representative of the Aspen Fire Protection District; Courtney Lord, a representative of neighboring properties; and Susie Krevoy, a representative of neighboring properties. RESOLVED, passed and approved this _ day of , 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland Approved as to form: 2 John P. Worcester, City Attorney EXHIBIT A Update: Fire Station Redevelopment COWOP Task Force Roster Name Affiliation ire r c T,,...:,~.:,... Steve Skadron PCCb City Council Dwa ne Romero A-IiPB-)3eaxl City Council Pam Cunnin ham AFPD Board Mike Haisfield Volunteer Firefi hter D lan Johns P&Z Sarah Brou hton HPC Alison Agley HPC Nancy Gensch Thrifr Sho Jack Wilke Citizen Marcia Goshorn Citizen Cinthia Andrews Citizen Chris Kile Citizen Tim Semrau Citizen ~ Courtney Lord Isis Susie Krevo Isis Rob Snyder Kand com Buildin Rich Walker Ambulance Service Ellen Anderson Pitkin Count Chris Bendon City Community Development November 12, 2007 Mr. Chris Bendon, Director Aspen Community Development Department Third Floor, Aspen City Hall 130 S. Galena Street Aspen, CO 81611 420 E. HOPKINS AVENUE ASPEN, COLORADO 61611 (970) 925-5532 FAX (970) 920-4451 Re: Request to Amend Resolution No. 4, Series of 2006 - COWOP for the Aspen Fire Protection District Dear Mr. Bendon, In January of 2006, the Aspen City Council approved Resolution Number 4 finding that the redevelopment of the Aspen Fire Station was eligible for development reasonably necessary for the convenience and welfare of the public (COWOP). However the Resolution specifically applied to the fire station headquarters located at 420 E. Hopkins Street. The Aspen Valley Fire Protection District respectfully requests to amend Resolution 4, Series of 2006 authorizing the Zupancis property to be included in the COWOP process for the Aspen Fire Station redevelopment. Please include the following property description in the amended Resolution: 540 East Main Street, a property owned by the City of Aspen, Lots 9 & 10, Block 19, East Aspen Addition, Pazcel ID# 273707324003. The Aspen Fire and Protection District has pursued a long range plan for the provision of service to the District and has pursued an upgrade and expansion of the Headquarters located downtown as well as a new substation located at the Aspen Airport Business Center. The COWOP process was established for the redevelopment of the headquarters property. The COWOP task force began review of conceptual design and development plans in eazly 2006. The team met for two months and paused while final designs were developed. After a year of refinement the design team is ready to reconvene the COWOP task force for final review and craft a final recommendation to City Council. That next meeting is planned for this December. Once the downtown station is approved for reconstruction most of the fire fighting operation will be relocated to the North Forty station. However, in [he interest of maintaining a rapid response to fire/rescue emergencies and service calls within the City, the District has been pursuing an operationally sound location to position a heated, temporary shelter to enable afirst-due fire engine to remain in-service, in town. The very conditions that have driven our development of the North 40 substation (the dangerous and delayed response created by limited access issues over Castle Creek) prompt our efforts not to leave the City without immediate emergency response within the core. The District has located a suitable site for the installation of a temporary fire engine shelter on the Zupancis property. The property is zoned Service Commercial Industrial and supports other City operations such as the Parking and Parks Departments, an automobile impound lot and sidewalk maintenance. The property is centrally located and direct access onto Main Street as well as Hunter Street creates an effective first response to any in town location. Currently, the District is seeking a temporary use permit to install the shelter but will need this location for more than 6 months. Therefore, the District would like to pursue a longer time frame for the shelter on this site through the COWOP review of the final design/development plans for the Headquarters station. Please do not hesitate to contact me or Leslie if you have any questions or need further information. I look forward to a timely resolution of this matter. Sincerely, ,- ___._-_ Darryl Grob, Chief Aspen Fire Protection District 420 E. Hopkins Avenue Aspen, Colorado 81611 925-5532 CHARLES CUNNIFFE ARCHITECTS nssex .uiunios s*e.•aonr srsixos December 3, 2007 Aspen City Council 130 S. Galena Street Aspen, CO 8161 1 RE: Wienerstube Project - 307 South Spring Street Dear Aspen City Council Members: It is with great concern for the historical and architectural quality of this essential block in downtown Aspen that I am writing you regarding the Wienerstube Project at 307 South Spring Street. With respect to the developers and team of designers, I know the work that is put in to such submittals and would respectfully like to offer my concerns. Building Design • This block is designated C 1, which is intended to serve as a transition from the Commercial Core to the Residential neighborhoods. Since C 1 is only one block in length, protecting lower scale building standards and height restrictions are imperative. This is not the appropriate block to build a Paragon, North of Nell or Limelight sized building. • A building with 42' height and with no solar access to the street, is a commercial core type building, not C 1. This building and its height is completely wrong for this location. • Most of the buildings in the neighborhood were designed with attractive lawns and landscaped areas which add much value to the block and welcome breathing space to the sidewalks. They provide a more historic and domestic scale landscape. • Amassing of this size is inappropriate and should step back on the top floor and reduce the commercial and free market ceiling heights. • Businesses on this block are almost entirely locally serving in nature. It would be a shame for this building to diminish the quality of life who have chosen to live and work on this block. Affordable Commercial How successful can any business be, located on the back of an alley where the adjacent buildings' dumpsters are located? There are alleys in town that might make sense for affordable commercial; however this is not one of them. This design achieves the maximum square footage for the developers but does not make good sense for prospective businesses. I would suggest that City Council walk that alley and experience the passageway. Affordable commercial belongs on this block, but on the street, not the alley. 610 East Hyman Avenue • Aspen, Colorado 81611 • tel: 970.925.5590 • fax: 970.925.5076 • www.cun niffe.com CM1arles ~_ Cunnitfe, AIA (PnnolpelJ Janver C. Oerrington, AIA (P rlncipal) Jlm Gufiey (Senlor Protect Arc M1itect) Geoffrey Lester, R.A. (Senior Prolect Architect) Affordable Housing • Affordable housing design needs to respect the essential role this population plays in our community. Low ceiling heights and dark alley views do not respect the dwellers. Historic Context of the Existing Neighborhood • Part of each building's historic value is the setting that they are in, their scale, solar access and the views for which they were designed to capture. • This building with it's mass, being built right to the sidewalk and with limited set backs is designed to the detriment of the buildings that surround it. It severely impacts the open and low scale quality of the existing neighborhood. • I am sure this City Council would prefer to look back on their legacy for having preserved what little neighborhood quality remains. Achieving a balance between what can be developed and what should be developed is a delicate one that I know very well. I encourage the Aspen City Council members to move this project in a more compatible direction which I feel the current design does not achieve. Best Regards, Charles L. Cunniffe Principal 0~ ©~