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HomeMy WebLinkAboutagenda.council.regular.20081027CITY COUNCIL AGENDA October 27, 2008 5:00 P.M. I) Call to Order II) Roll Call III) Scheduled Public Appearances a) Environmental leadership Award -Silver Partner 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) Mayor's and Councilmembers' Comments b) Agenda Additions and Deletions c) City Manager's Comments VI) Ca a) b) c) d) e) f0 nsent Calendar Resolution #104, 2008 Resolution #102, 2008 Resolution #105, 2008 Resolution #106, 2008 Resolution #103, 2008 Minutes -September -Annie Mitchell Roof Repair -Appointment of deputy Municipal Judge - Contract -Parking Pay by Phone - Settlement lawsuit -City of Aspen vs Shadow Mountain - Citizen Budget Task Force Recommendations 2, 29, October 6, 17, 2008 VII) First Reading of Ordinances a) Ordinance #34, 2008 -Lift One Master Plan P.H. 11/10 VIII) Public Hearings a) Ordinance #32, 2008 -SPA Amendment Paepcke Auditorium -Aspen Institute - Continue to 11/10 b) Resolution #74, 2008 -Aspen Walk (404 Park Ave. and 414 Park Circle) Conceptual PUD IX) Action Items a) Council Appointments X) Executive Session I) Adjournment II) Next Regular Meeting November 10, 2008 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. ~a MEMORANDUM TO: Mayor and City Council FROM: Steve Bossart THRU: Trish Aragon DATE OF MEMO: October 17, 2008 MEETING DATE: October 27, 2008 RE: Annie Mitchell (Burlingame D) Roof Repair REQUEST OF COUNCIL: Contract approval for temporary roof snow slide mitigation at the Annie Mitchell affordable housing project, in the amount of $53,748.00 PREVIOUS COUNCIL ACTION: None. BACKGROUND: This project was the first of three City/APCHA housing projects delivered under the then new City "Developer Model". This model was designed as a "Public-Private Joint Venture" with a qualified private developer responsible for all aspects of project delivery. Parameters were directed at livability and energy efficiency. The intent of the model, the commitments made in presentations, and the contract structure, was that the developer would manage all design and construction activities and maintain the proposed budget. Once construction activities commenced the City Staff had concerns related to snow management and energy uses, snow shed areas and the risks to public safety, and the future unaddressed costs of snow and ice mitigation. Unfortunately these issues were never fully addressed; as a result the project was faced with the risk of future costs related to snow and ice mitigation. Snow and Ice During the first winter of occupancy the property experienced substantial snow slide activity. Staff advised the HOA to take immediate steps to protect life safety. During the next summer the City paid for installation of snow clips in minimal areas. The next summer the City paid for more snow clips. During the 2006/2007 winter the property experienced substantial ice buildup which cantilevered over walkways - an illegally parked automobile was severely damaged by a substantial ice block falling 35 feet. Fortunately no people or children were in that sidewalk vicinity at that moment. Page 1 of 3 During the 2007/2008 winter the City paid for snow removal services totaling approximately $50,000 to address the economic burden to residents of this affordable project. (If assigned to the one bedroom affordable units this would raise their monthly dues by $200 in the winter). The City engaged Wiss Janney, a forensic architect, to review this and other design problems and provide solutions. We are currently pricing their recommended changes and repairs for implementation next year. To reduce the snow removal requirements (shoveling, loading, and hauling) for this winter we sought a proposal for additional low profile glue-down snow clips on low slope roof areas. The hope is that will hold snow masses in place through spring melt. We have prior success where the clips were installed in key pedestrian areas. We would ask the HOA to monitor and document performance. If successful, we may be able to reduce some of the proposed work planned for next year. DISCUSSION: The City will be responsible for snow management costs and design corrections. The decision is removal or attempt a solution which may have long term benefit. Timing dictates a sole source emergency contract approach. The contractor is experienced with the project, its roofs, and conducted the prior snow clip installations. FINANCIALIBUDGET IMPACTS: Funding has been allocated for the overall Annie Mitchell repair project and will cover this contract work. As explained above, the snow clip installation may reduce the requirements for some of the more major approaches. ENVIRONMENTAL IMPACTS: One of the key elements in efficient building is "life cycle cost" -that is, measuring today's decisions against future savings in energy, labor, maintenance, and replacement. The Annie Mitchell situation may necessitate hard decisions on replacement and rebuilding of certain parts in order to reduce future costs, energy, and CO2 production, as well as to bring the project to completion, as promised to the residents. The goal with this portion of the work is to get an immediate benefit, with potential for long term benefits, by reducing the snow removal costs and impact this winter. Page 2 of 3 RECOMMENDED ACTION: Staff believes the City should provide complete projects that function well for the benefit of the affordable housing owners. We recommend Council allow for the sole source emergency contract for the snow clip installation. ALTERNATIVES: Council could alternatively decide that all responsibilities belong to the homeowners. In fact, that would be the case in a free market or private developer project. Management and Staff believe the affordable housing program is committed to providing efficient and effective projects, and thus is responsible for making corrections for design and execution errors. PROPOSED MOTION: To approve the Pacific Sheet metal contract in the amount of $53,748.00 CITY MANAGER COMMENTS: ATTACHMENTS: Contract Proposal Annie Mitchell HOA letter of approval Page 3 of 3 RESOLUTION # ~Q~ (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND PACIFIC SHEET METAL SETTING FORTH THE TERMS AND CONDITIONS REGARDING ANNIE MITCHELL ROOF SNOW CLIPS 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 Pacific Sheet Metal, 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 Pacific Sheet Metal regarding Annie Mitchell Roof Snow Clips 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 October 27, 2008. Kathryn S. Koch, City Clerk a~A CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT, made and entered into on October 17, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Pacific Sheet Metal hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed fifty three thousand seven hundred forty eight ($53 748.00 DOLLARS or as shown on Exhibit ccA» 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than November 30, 2008 subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. CCS-97l.doc Page: 1 2000 otioi oa:os Faa S. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project, and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and Citys officers, employees, agents, successors and assigns free and hamtless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extort that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall famish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimai pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, famish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and rho materials famished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. odds. Contractor shall furnish performance, payment and oe Bonds, each in an ied. These Bonds shall rem ~ ~ until the job is advertised and closed except for a which shall remain in full force and effect for One Y a e of project closu otherwise provided by 8. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto se Exhibit KA" are intended to supplement one another. In case of conflict, however, ibis Contract shall control both. 9. Changes in the Vdork. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the ProposaUScope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, fmm the payments set forth in Paragraph 3 above by a fair attd reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof The rule of pracfice to be observed in fulfillment of this ~ ooa I.Juc Yage: 2 paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 10. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 11. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 12. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally CCS-971.doc Page: 3 recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 13. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 14. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 15. Insurance. a. The Contractor 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 Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract 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. a b. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Workmen's 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, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2. 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 (includmg completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazazds. The policy shall contain a severability of interests provision. 3. 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 ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. c. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily CCS-971.doc Page: 5 injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minunum limits aze in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage 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 of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor.Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy.The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Any and all CC5-971.doc Yage: 6 deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer.Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done."Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, 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. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: Steve Bossart, Project Manager City of Aspen 130 South Galena St Aspen, Colorado 81611 CCS-971.doc Page: 7 To Contractor: Brad Stolte Pacific Sheet Metal PO Box 70 Carbondale, CO 81623 subject to the right of either parry to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 18. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 19. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 20. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. Page:B THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 21. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22. Successors and Assigns. Subject to pazagraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 23. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 24. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 25. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 26. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 28. Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. CCS-971.doc Page: 9 29. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recmitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 30. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 31. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, prepazation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standazd, rendering of 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 Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith; as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 32. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendaz year, nothing herein shall be construed as an obligation by the CCS-97l.doc rage: m coos over oa:oa Fns City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of :funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the statue of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not ban appropriate. IN WITNESS WHEREOF', the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: Enginaring Department CITY OF ASPEN, COLORADO APPROVED AS TO FORM: By: City Attorney ATTESTED BY: Cov ~ ooi Pl6,t,c Nafc -/,(E c~wc mE n,.«/e aw ~tSE 2 - ~i ~.~ Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a '~0" ~`!! partnership, the Contract shall be signed by a Principal and indicate title. G/A~f~ CONTRACTOR: By: ~~~ I,doC Ps'a~ll 2008 O1/01 09:04 FA% CERTIFICATE OF INCORPORATION (To be completed 'rf Contractor is a Corporation) STATE OF C1jI..OP..~11~O ) SS. COUNTY OF C~tRFI LI.i~ _1•. ) On this ~.0~ day of dc.lObE(' , 20.Q~, before me appeared ~. ~.O~J~~~ Wa personally known, who, being by me to me sworn, did say that ~/he is 'L E ~~"a~~-. C~. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~ao2 ~~`ifll~, ,~,'{~~f En Notary Public 13tO %,_,~uxti n ~JE., , Si l~', CO S 1~5z.. _ _• Address _- ,_ ^;. My commission expires: ~/ZI° ~ 1z-' CCS•971.da Page: ~2 .2008 10/18 21:59 Fe1% I~ U Ul ,t'aci, f~c Sbeet Meta! Ise. ri~ P, O, Bnx 79 C;arhr~ndale, C0,41fi2j (97v) 9~3-~3E,s (970) 943.63¢ Fax October 1, 2008 City of Aspen 130 South Galena Street Aspen, Co 81811 Fax 544-5378 Attention: Steve Bossert 970-429-1790 ~evebo ci.asRen.co.us Reference: Burlingame Buildings, Aspen We appreciate the opportunity to submit this proposal for the above referenced project and offer the following to further clarify the scope of work. SPECIFICATION: SNOW STOPS To Include: Furnish and install approx. 2,986 clear 5x5 Pyramid stick on snow brackets on the low sloped pitches of ail four buildings. We will leave existing brackets in place and add new brackets around the existing brackets. This price is based on a unit price of $18.00 per bracket furnished and installed. Final bid price will be based on the actual amounts installed. BASE BID: $53,748.00 NOTE: Pacific Sheet Metal does nvt provide warranties on self adhering retrofit snow brackets. PRICE EXCLUDES: Snow and ice removal, E.I. F.S., window and door flashinga, through wall (lashings, interior sheet metal, all wood work, insulation, painting, saw cutting, patina to any metals, mock-ups, shop drawings, additional insureds, ice dams and damage caused by ice dams, liquidated damages, bonds, permits, and fees. If you have any questions or rf I can further assist you, please feel free to contact me at our office. ACCEPTANCE OP PROPOSAL: SIGNED BY: DATE: Sincerely, Pacific Sheet Metal ~ ~ 7 Brad Stone Roofing Estimator Page 1 of 3 Steve Bossart From: Will Rutledge [will.rutledge@gmail.com] Sent: Friday, October 17, 2008 10:26 AM To: Steve Bossart; David Barrow; Kim Decarlo; Matt Burg; Terry Kappeli Cc: Tricia Aragon; Steve Barwick; Glenn Loper Subject: Re: Roofs and Snow Clips Steve, Thank you for committing to continue to reduce the liability here with the roof slides. I'll let our contractor know with your specifics. We need to state, as before, any information and/or opinion any owner and/or representative gives is a novice opinion at best. We can monitor the roof situation; however, it may not be as complete as necessary, and would only be for a professional to use as additional information. We understand the need to reduce the expense of the removals; however, we can not endorse any reduction in removal that might increase the liability on the sidewalk below. This liability will be determined by our professional contractor. We understand there is no maintenance free situation; however, with sometimes extensive steps, liability can be reduced to effectively zero. This is the HOA's ultimate goal. I hope we both can agree on taking the professionals assessments on this. Please accept this letter as permission to install additional clips at Annie Mitchell Homestead with the reservation that this in no way infers or passes liability to the Annie Mitchell HOA in any way. This permission does not transmit an agreement that the clips will reduce snow slides, snow removal costs and/or liability. This permission is only at the request of The City of Aspen. Annie Mitchell Homestead HOA does not, in any way, admit by this permission that these clips are being placed with regards to a professional conclusion and/or that they will be more or less effective that the current situation. This agreement coincides with the parallel agreement that The City of Aspen and Annie Mitchell Homestead will continue to address the situation in the future with a professional including but not limited to the current contractor, Wiss Janney. Thanks, Will Rutledge, President Annie Mitchell Homestead HOA From: Steve Bossart Sent: Friday, October 17, 2008 8:37 AM To: Will Rutledge ;David Barrow ;Kim Decarlo ;Matt Bura ;Terry Kaooeli Cc: Tricia Aragon ;Steve Barwick Subject: RE: Roofs and Snow Clips Will et al Thank you for the comments. I'm going to contract to add a large quantity of low-profile glue-down snow clips on the low-slope roof areas. I think the areas where we installed similar arrays performed well in the past. We're pricing the Wiss Janney program for adding snow fences and modifying a number of overhangs next construction season. I'd like you to keep a rough log on how various areas perform, with photos. This will help us determine the success of the clip areas. Let's handle the roof shoveling as last season, significantly reducing frequency in the low slope areas until absolutely 10/17/2008 Paget ~f3 necessary. My guess is the clips will hold the mass in place through spring melt -though edge buildup might be removed. The goal or our added clips would be to substantially reduce the snow removal expense for this season. There is ultimately no maintenance free roof system -some glue clips will come off year one, and more in year two. Ultimately we'll have an installation of clips with good adhesion. Your HOA will want to conduct annual inspections and maintain the arrays. I need a letter from you giving the City permission to do the clip installation. Please fax to me at 544.5378 or send by email. StephenW. Besssn Project Manager City of Aspen Asset Management 970.429.1790 From: Will Rutledge (mailto:will.rutledge@gmail.com] Sent: Thursday, October 09, 2008 5:47 PM To: Steve Bossart; David Barrow; Kim Decarlo; Matt Burg; Terry Kappeli; Will Rutledge Subject: Re: Roofs and Snow Clips Steve, I am definitely no engineer, but I'd have to say I walked the entire property today. There are some places where I could see clips working; however, it seems obvious to me, as a layman, that some of the pitches are so steep, there's no way clips would hold anything. For instance, if you come by, take a look at the small roof lines that release onto the outside stairs. It won't be much snow, but there's no way clips could hold anything there. My mildly-educated opinion would be to use roof rakes securely attached that effectively guarantee no slides. Thanks a ton for taking the time to handle this. I have to ask again, is The City prepared to subsidize the shoveling this winter, as I don't see any significant solution before the spring. Will From• Steve eossart Sent: Wednesday, October 08, 2008 11:25 AM To: Will Rutledge ;David Barrow ;Kim Decarlo ;Matt Buro ;Terry Kap~eli Subject: RE: Roofs and Snow Clips Will Snow clips on the ground are a sure sign of spring. But my question is whether or not those array areas did actually function as intended and hoped. If so, we may find the glue-on approach to be a successful long term approach. If we had an over- abundance of snow, like last winter, then any building operator would need to hire supplementary snow removal, but not constantly. Glue-ons are more likely to come off than screw-downs, requiring annual assessment and replacement. This is more a function of specific glue/cliplinstallation. Over a couple of seasons the rate would likely diminish. Screw-downs create and leave accessible holes over time. I'm proceeding with pricing the consultant's major project approach, but that's not necessarily a 100% solution either. StephenW. Besss~t Project Manager 10/17/2008 Page 3 of 3 City of Aspen Asset Management 970.429.1790 ___ __ From: Will Rutledge [mailto:will.rutledge@gmail.com] Sent: Wednesday, October 08, 2008 10:02 AM To: Steve Bossart; David Barrow; Kim Decarlo; Matt Burg; Terry Kappeli; Will Rutledge Subject: Re: Roofs and Snow Clips I have found a decent amount of clips on the ground in the spring. They're so small, the grade is so low, and the accumulation is so big, I just don't see them as effective for preventing a large slide. They hold fine until it gets over two or three feet, then they become too small to handle the load. This requires continuous shoveling. Unfortunately the problem is the possibility of large slides and the pedestrian areas that are affected. If the problem areas weren't over sidewalks I'd probably have a different opinion. However, the risk is too great to take a chance. From: Steve Bossart Sent: Wednesday, October 08, 2008 9:13 AM To: William O. Rutledge IV ;Matt Buro ;Preferred Property Mgmt Subject: Roofs and Snow Clips We have a bid to install a high number of glue-down snow clips on most all roofs at Annie M. It is expensive. This may actually be a reasonable long term solution. Can you tell me the results of the similar areas where we previously installed larger areas of low clips? It seems like it was effective. StephenW. eossa~t Project Manager City of Aspen Asset Management 970.429.1790 10/17/2008 ~6. t~~aaa ffiemorandum TO: Mayor and Members of Council FROM: James R. True DATE: October 20, 2008 RE: Appointment of Deputy Municipal Judge Section 7.2(b) of the Charter of the City of Aspen authorizes the council to appoint one or more Deputy Municipal Judges. Judge Peterson has recused himself from pending court actions involving three separate individuals who were involved in a recent incident. Deputy Judge Pip Porter is unavailable to handle these matters and has indicated to the Clerk of the Court that she intends to resign her position as Deputy Municipal Judge. In the event that Deputy Judge Porter resigns from this position, the clerk will advertise for a replacement, which will chosen by the council from the applications received. However, in the meantime, a deputy judge needs to be temporarily appointed to address the three presently pending matters. The City Attorneys' office recommends that the Council appoint Ted D. Gardenswartz as Deputy Judge to address these three pending cases. Mr. Gardenswartz has practiced law in Aspen for over twenty years and is well respected in the legal community. A resolution regarding this appointment is submitted herewith. ACTION REQUESTED: A Motion to approve Resolution No. ~~~ ;Series of 2008. CITY MANAGER'S COMMENTS: cc: City Manager RESOLUTION N0. ~d~ (Series of 2008) WHEREAS, Ted D. Gardenswartz is an attorney licensed in the State of Colorado and practicing law in the City of Aspen, Colorado; and WHEREAS, the Municipal Court Judge has recused himself from three pending court cases and presently sitting Deputy Municipal Judge is unavailable; and WHEREAS, Ted D. Gardenswartz has agreed to act as Deputy Municipal Judge for these three cases; WHEREAS, the City Council has the power to make such an appointment, pursuant to Section 7.2(b) of the Charter of the City of Aspen; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That said Ted D, Gardenswartz be and hereby is appointed a Deputy Judge of the Municipal Court of the City of Aspen, to preside over the court cases of three individuals described above. Dated this day of October, 2008 Michael 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 October 27, 2008. Kathryn S. Koch, City Clerk Ordinance #45, Series 2007 Page 1 of 1 FINAL DRAFT, OCTOBER 17, 2007 ~C. Memorandum To: Mayor and City Council From: Tim Ware, Director of Parking Date: October 3, 2008 Meeting Date: October 20, 2008 RE: Verrus Professional Service Agreement REQUEST OF COUNCIL: The Pazking Department is requesting Council approval of a professional service agreement fora "Pay-by-Phone" system provided by Verrus Mobile Technologies. PREVIOUS COUNCIL ACTION: There has been no previous Council action on this procurement. The pay-by-phone system is a relatively new technology that would replace the in-caz meters that have been in use since 1995 and are no longer available. BACKGROUND: When the City implemented the Pazking Management program in 1995, we offered an in-caz-meter as a payment option. This was a device that was leased from the pazking department and programmed with pre-paid pazking time. The user would turn the unit on and hang it from their mirror in lieu of paying for parking at the pay station. When the unit ran out of time, the user would pay for more time and re-fill the meter at the parking office. The in-car meter followed the same fee structure as the on-street pay stations but the advantages were that the in-car meter user did not need to walk to the pay station and that it worked in real time so that a parking patron could pay only for the amount of parking time necessary. This payment option became very popular and over the years and there have been more than 30,000 of the in-caz-meters distributed. As of July of 2008, that manufacturer of the in-car-meter is no longer making the unit or supporting the units already in use. The only other similar in-car devices that are available require a sepazate smart cazd for operation. DISCUSSION: Pay-by-Phone is becoming a very populaz parking payment option world wide. The Pazking Department believes this system would an excellent replacement for the in-caz-meter program that is no longer available to us. The system involves a live web-based call center that is very easy to access and use. The first time user would either call in or go on-line to set up an account. All accounts can be customized based on the customer's needs and desires. Once an account is set up, all that a customer needs to do is make aten-second phone call upon pazking to pay for and start a parking session. The customer is able to pick any amount of time up to the four hour maximum in the core. If a user returns to a vehicle prior to the expiration of the parking session, s/he may call in and terminate the session. A 35 cent convenience fee is chazged to the customer for each parking transaction. The system may also be set up to send a text message to the customer five minutes prior to the expiration of a parking session. This text message will also allow the customer to re-new the session if the four hour time limit has not been exceeded. The provider, Verrus Mobile Technologies, is capable of honoring the time limits and fee structure that we have set for on-street pazking. To comply with the progressive fee structure and the maximum time limit in the core, the following pay-by-phone procedures will be in place: Customers will be allowed to purchase up to four hours at a time. After the four hours the user must wait at least 30 minutes before starting another parking session. Any renewals of an existing parking session will follow the same fee structure that the on-street meters use ($2 for the first hour, $2 for the second hour, $3 for the third hour and $4 for the fourth hour). Anytime a pazking session expires, the user will be required to wait 30 minutes before initiating another one. This is to prevent someone from renewing an hour at a time to continue paying the lower fee. The pay-by-phone option will also be available in the Residential Permit Parking Zones to allow patrons to pay the $7 daily parking fee. In that case, the only payment option will be the $7 fee, since there is not an hourly rate or a maximum time limit in the Residential Zones. Parking enforcement officers will be supplied with smart phones that can be logged onto the data base and are able see in real-time the license plates of all current parking sessions to determine if a vehicle has paid for parking. All parking payment transactions will be done using a live credit card PCI compliant web-based program. The user may access an account at anytime to review pazking transactions. Pazking sessions will be assigned event numbers and transactions can be tracked and audited through those numbers. All calls to the call center-even incorrect or incomplete transactions-will be documented in order to help resolve any payment disputes that may arise. FINANCIALBUDGET IMPACTS: The only set-up cost to the City will be for signage and for the softwaze development cost to make sure that the system matches our fee structure and maximum time limits. Informational signs will cost $3,000 and software development is expected to be approximately $6,000. The in-car-meter program was budgeted to bring in $840,000 in revenue in 2009. It is not certain that all the in-caz meter users will convert to the pay-by-phone system, but if a user elects not to use the pay-by-phone system the on-street pay stations would still be available as a payment option. For this reason we are not projecting any major increases or decreases in revenue because of this new payment option. The provider will be paid the 35 cent transaction fee that is charged to the customer. There will be no on-going system operating or maintenance costs to the City. Once the system is set up, there will be increased convenience to the parking patron and decreased traffic to the parking office because the need to refill the in-car meters will be alleviated. ENVIRONMENTAL IMPACTS: This system is part of the overall parking management plan that is intended to work as an auto disincentive through paid pazking. The main environmental impact is that the in-car-meters required disposal of batteries that will no longer be needed. RECOMMENDED ACTION: The Parking Department is recommending approval of the Professional Service Contract between the City of Aspen and Verrus Mobile Technologies. ATTACHMENTS: Professional Service Contract ALTERNATIVES: Council could elect not to approve the contract and all in-car meter users would then be required to use the on-street meters. RESOLUTION # /C7 ~J (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND VERRUS MOBILE TECHNOLOGY INCORPORATED SETTING FORTH THE TERMS AND CONDITIONS REGARDING PAY BY CELL PHONE PARKING SYSTEM 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 Verrus Mobile Technology Incorporated, 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 Verrus Mobile Technology Incorporated regarding aPay-By-Cell-Phone Parking System 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 October 27, 2008. Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES (Under $25,000 Total Compensation) This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Verrus Mobile Technologies Incorporated, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. 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. 2. Comnletion. 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 parties anticipate that all work pursuant to this agreement shall be completed no later than ongoing service through the duration of the contract. Upon 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. 3. Pa ~r~. In consideration of the services performed, City shall pay Professional services as set forth at Exhibit "B" appended hereto. Professional shall submit, in timely fashion, invoices for services 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. 4. Non-Assianability. 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-conUactor. 5. Temunation. The Professional or the City may tem~inate this Agreement, without specifying the reason therefore, 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 termination. Upon any temunation, all fmished 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, PS2-971.doc Page 1 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 ofset-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant A¢ainst 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 secwe 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. 7. 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 are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation inswance and unemployment inswance, are 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 subeontractors 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 inswance, 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. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, inswers, and self-inswance 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 aze 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 subeontractor 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 reimbwse the City for the defense costs incwred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a cowl of competent jurisdiction that such injwy, 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 PS2-97i.doc Page 2 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. 9. 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) Worker's 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, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this pazagraph. (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,OOQ000.00) 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, 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. PS2-971.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 Commercial General Liability on licy required above shall be endorsed to include the City and the City's officers and employees as additional insweds. Every policy required above shall be primary inswance, and any insurance carried by the City, its officers or employees, or carried by or provided through any inswance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional inswed endorsement to the policy required above shall contain any exclusion for bodily injury or property damage azising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of inswance provided by the City shall be completed by the Professional's inswance agent as evidence that policies providing the required coverages, conditions, and minimum limits are 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 certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled orterminated until at least thirty (30) days prior written notice has been given to the City. (e) Failwe on the part of the Professional to procwe 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 procwe 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 pazties 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 occwrence) 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. 10. Citv's Inswance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such pazticipates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance Depazlment 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. PS2-971.doc Page 4 l 1. Completeness of A erg ement. 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 or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. 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 Verrus Mobile Technologies hcorporated City of Aspen 201-1028 Hamilton Street 130 South Galena Street Vancouver, British Columbia Aspen, Colorado 81611 Canada 13. 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. 14. 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 forbeazance 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. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 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 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 witlr 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. PS2-971.doc Page 5 b. 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. "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 are merely incidental to the required performance. c. By signing this document, Professional certifies and represents that at this time: (i) Professional does not knowingly employ or contract with an illegal alien; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. d. Professional hereby certifies that: (i) Professional shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to certify to the Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work 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 illegal aliens; 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 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 earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. PS2-971.doc Page 6 (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 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 is employing or contracting 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 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 swears 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 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. PS2-971.doc Page 7 (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] PS2-971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSION WITNESSED BY: ~ ~ By: ~ ~ ~ I (~ s a I~~~ - Title: Date: ~~-I ~,~~ PS2-971.doc Page 9 EXHIBIT "A" to Professional Services Agreement THE VERRUS MOBILE TECHNOLOGIES PLATFORM AND APPLICATIONS Verrus Mobile Technologies Parking Payment Application Verrus agrees to roll out the Verrus Pay by Cell Phone service ("PBC") for use at Customer's managed and owned parking facilities agreed upon by Verrus and Customer, to pay for the use of those facilities through personal wireless devices (e.g., cellular telephones) ("Wireless Devices"), telematics or other wireless systems. Verrus Management Information System Verrus will operate and manage a software application for Customer that will provide real-time information and management reports on the transactions conducted utilizing the Verrus Parking Payment Application (the "Management Information System"). Verrus will host the Management Information System on its computer and network equipment. Customer will access the Management Information System through a browser-based program installed on Customer's computer hardware. Computer, Networking and Telecommunication Systems Verrus will own or possess, and will operate and maintain, all computer and networking hardware and software required to operate the Verrus PBC service as contemplated in this Agreement, other than Customers existing computer and telecommunications systems. Exclusivity Customer agrees that Verrus will be the sole and exclusive provider of all wireless parking payment applications (using whatsoever technology) for Customer during the term of this agreement, including, but not limited to, all wireless payment applications employing Wireless Devices to pay for parking at only the specific Customer lots where Verrus is deployed. signage Customer agrees to provide adequate space at each parking facility at which the Verrus PBC service is to be available for Verrus signage, with sign size and placement to be mutually agreed by Verrus and Customer. Customer agrees that signs will be hung and/or located near payment machines at parking facilities enabled with the Verrus PBC service. All signage must comply with the Verrus Consumer Branding Standards as outlined in Appendix B. Marketing Events Verrus may conduct on-site marketing events and campaigns for the System, whereby Verrus will inform parking lot consumers of the availability of the Verrus PBC as well as any promotions available with knowledge and approval of Customer which is not to be reasonably withheld. Each lot may run a "25% off Parking if Paid by Phone" promotion for two weeks. The Customer will be compensated by Verrus with an amount equal to the total discounted. Therefore, the net revenue to the Customer will remain the unchanged. The discount promotion may be rotated through the various lots at different times. Customer Training Customer will, at its own expense, train its staff and employees, including patrollers, to operate the PBC and related applications and technology at each lot. PS2-971.doc Page 10 Protection of Intellectual Property Rights The parties shall cooperate with each other in protecting their respective trade names, designs, trademarks and other similar intellectual property rights from unauthorized use. Contract Term This Agreement shall enter into force for a period of two consecutive years from the date signed. After the initial term, the contract shall renew for a period of one year. Ownership of Intellectual Property The City of Aspen agrees that Verrus shall own all right, title and interest in and to the Services and any inventions conceived or developed by Verrus resulting from the operation of the services. Signage The City agrees to provide adequate space at each parking facility at which Verrus PBC service is to be available for Verrus Signage, with sign size and placement to be mutually agreed by Verrus and the City as long as it does not violate the City of Aspen Zoning laws on Signage. The City agrees that signs will be hung and/or located near payment machines at parking facilities enable with Verrus PBC service. City agrees to produce, install and maintain Signage to ensure the system is available for use throughout the duration of the Agreement. Confidentiality Neither party will disclose the other party's confidential or proprietary information (including this Agreement and any information provided by the other party that is confidentially maintained or proprietary or which derives value from not being generally known to person who can obtain economic value from it's disclosure or use) except: (i) With the other party's consent: (ii) To employees, agents and contractors who have a need to know in the discharge of their duties and who are subject to a contractual obligation to keep such information confidential that is at least as restrictive as this Agreement; (iii) When required to do so by law or by any binding rule, order or request. Each party shall exercise reasonable commercial care in protecting the confidentiality of the other party's confidential information disclosed to it. The parties agree that an actual or threatened breach of this provision would result in irreparable harm to the party whose confidential information would be disclosed in breach, and shall entitle that party to temporary or permanent injunctive relief without proof of actual damages. For purposes of this Section, the parties agree that confidential or proprietary information does not include any information that is (a) already known to the receiving party at the time of disclosure hereunder (other than from the other party hereto) as demonstrated by its written records; (b) now or hereafter becomes publicly known other than through acts or omissions of the receiving party, or anyone to whom the receiving parry disclosed such information; (c) disclosed to the receiving party, by a third party, under no obligation of confidentiality to the disclosing party or any other party; or (d) independently developed by the receiving party without reliance on the confidential information of the disclosing party as shown by its written records. Limitation of Liability In no event shall any party be liable for consequential, special, indirect or incidental damages, including but not limited to any damages resulting from loss of use or profits arising out of or in connection with this agreement, whether in an action based on contract, tort (including negligence) or any other legal theory, even if the party has been advised of the possibility of such damages. PS2-971.doc Page 11 EXHIBIT "B" to Professional Services Agreement Rate Schedule Pay by Cell Phone (PBC) System will: 1. Register customers by phone or online who wish to pay for parking by cell phone. 2. Activate and collect payment via credit card for parking by cell phone in accordance with rates specified by the Customer. 3. Display payment status of license plate, space or meter number on Internet capable handheld device such as cell phone, PDA or handheld computer. 4. Provide secure web based administration intertace for rates control, management and accounting reports. All report data to be exportable via Excel CSV files Pricing: One Time Set-up Fee NIA PBC set-up Monthly Fees due to Verrus PBC hosting fee N/A Per Transaction Charges to Verrus PBC consumer pays $0.35 I transaction Credit Card Authorization charge (if applicable) N / A PBC Credit Card Internet gateway charge (if applicable) $0.10 /transaction `NOTE: Customer's own credit card processing merchant account fees will apply Pay by Cell Phone Customization Progressive Fee Structure 1. Provide modifications for a progressive fee structure 2. Requires parkers to pay the progressive fees regardless of stopping their parking 3. Customer to determine time frame to force progressive fee structure (e.g. parking within 15 minutes of last transaction forces previous time to count towards parking rate 4. Detailed specifications to be determined and agree to by both Customer and Verrus. One Time PBC Customization Fee $5,750 PS2-971.doc Page 12 ~d. ALPERSTEIN & COVELL, P.c. A T T O R N E Y S A T L A W DONALD W. ALPERSTEIN CYNTHIA F.COVELL ANDREA L. BENSON GILBERT Y. MARCHAND, JR. Ot Counsel 1600 BROADWAY, SUITE 2350 DENVER, COLORADO 80202-4921 dwa@alpersteincovell.c o m cfc@alpersteincovell. com alb@alpersteincovell.com TELEPHONE (303) 894-5191 FAX (703) 661-0420 .. ,i.i .i ti~h.'1`i 1J TO: Aspen City Council CC: Steve Barwick, City Manager FROM: John Worcester, City Attorney Phil Overeynder, Water Director Cynthia F. Covell, water counsel RE: Shadow Mountain/Eubanks Interpleader Action (Pitkin County District Court Case No. 07CV71): Recommended Settlement DATE: October 6, 2008 Back round The City entered into an extraterritorial Water Service Agreement in 1996, with Billy Ray Eubanks and Bonnie Jean Eubanks ("Eubanks"), who owned property located at 1 Toby Lane in Pitkin County. The Water Service Agreement provided, among other things, for the Eubanks to pay about 60% of the cost of constructing a new water main ("Main") that would be required to provide water service to the Eubanks' property. The Water Service Agreement also stated that for a period often yeazs, the Eubanks could recover a portion of their payment for the Main from owners of other properties that made new connections to the Main. Shadow Mountain, LLC ("Shadow Mountain") owns property located at 310 South Seventh Street. When a new home was planned for this property, Aspen advised Shadow Mountain that a recoupment payment was owed because this home would be a new connection to the Main. Shadow Mountain disagreed, asserting that it was not seeking a "new connection," and, moreover, it should not have to pay a recoupment payment in any event. However, Shadow Mountain paid a recoupment payment to Aspen "under protest" in the amount of $41,754.50, in order to be connected to the Main. Aspen accepted Shadow Mountain's recoupment payment made "under protest," and connected the new residence to the Main. Aspen filed an interpleader action in the Pitkin County District Court, Case No. 2007CV71, asking the Court to determine whether Shadow Mountain or Eubanks is entitled to these funds. Shadow Mountain filed numerous counterclaims against the City, claiming constitutional violations. While counsel do not believe these claims have merit, legal fees will be incurred to seek their dismissal, or to defend the City in a jury trial if the claims are not dismissed. CIRSA is providing a defense under a reservation of rights. Settlement Proposal Staff proposed a settlement for this case that has been accepted by both the Eubanks and Shadow Mountain. The settlement requires Eubanks to forego $13,918.17 of the recoupment fee which they claim Shadow Mountain must pay. The settlement also requires Shadow Mountain and Aspen each to pay approximately $13,918.17 to the Eubanks. Shadow Mountain does not believe it is required to pay any money to the Eubanks, and Aspen does not believe it is required to pay any money to either party. Therefore, in order to avoid the expense and uncertainty of trial, each of the three parties is foregoing approximately $14,000 to which it claims entitlement. A copy of the Mutual Release, signed by the Eubanks and Shadow Mountain, is attached to the resolution accompanying this memorandum. Staff recommends that the City Council approve this settlement proposal, authorize payment to the Eubanks in the amount of $13,918.17, and authorize execution of the Mutual Release on behalf of the City. From a strictly business standpoint, making this payment to the Eubanks, with no admission of any liability, is a cost- effective way to resolve this litigation, which is set for a jury trial in January, 2009. Although CIRSA is defending the counterclaims under a reservation of rights, City staff and water counsel are also expending time and resources in preparing for trial. By this settlement, staff and water counsel's time and resources can be devoted to other matters, and the risk and uncertainty of trial can be avoided. Recommendation City staff recommends that the City Council approve this settlement agreement, as set forth in the Mutual Release. RESOLUTION NO. ~~ (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO WHEREAS, the City is party to an extraterritorial Water Service Agreement dated December 19, 1996, with Billy Ray Eubanks and Bonnie Jean Eubanks ("Eubanks") which, among other things, provided for Eubanks to pay approximately 60% of the cost of constructing a new water main (AMain@) that would be required to provide water service to the Eubanks' property; and WHEREAS, the Water Service Agreement also provided that, for a period often years, the Eubanks could recover a portion of their payment for the Main from owners of other properties that were connected to the Main; and WHEREAS. Shadow Mountain, LLC ("Shadow Mountain"), owner of property located at 312 South Seventh Street in Pitkin County, Colorado, requested City water service before expiration of the 10-year recoupment period and the City advised that a recoupment payment of approximately $41,754.50 should be made to Eubanks; and WHEREAS, Shadow Mountain, asserting that no such recoupment payment was required, made the payment to the City "under protest," and obtained City water service; and WHEREAS, the City filed Case No. 2007CV71 in the Pitkin County District Court and deposited the recoupment payment into the registry of the Pitkin County District; and WHEREAS, Shadow Mountain filed counterclaims against the City in Case No. 2007CV71, and the City has denied said counterclaims; and WHEREAS, the City, Eubanks and Shadow Mountain have reached a negotiated settlement regarding disposition of the recoupment payment and settlement of Case No. 2007CV71; and WHEREAS, pursuant to the parties' settlement agreement, Shadow Mountain will pay $13,918.17 as recoupment to Eubanks, the City will also pay $13,918.17 to Eubanks to facilitate the settlement, and Eubanks will forego $13,918.17 to which it claims entitlement pursuant to the Water Service Agreement, and Case No. 2007CV71 will be dismissed with prejudice, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN as follows: Section One. Approval of Mutual Release. The City Council hereby approves the Mutual Release between and among the City of Aspen, Billy Ray Eubanks and Bonnie Jean Eubanks, and Shadow Mountain LLC in the form attached hereto, and authorizes payment of $13,918.17 to Billy Ray Eubanks and Bonnie Jean Eubanks in order to facilitate this settlement and end the litigation. Section Two. Execution of Documents. The Mayor and City Clerk are hereby authorized and directed to execute the Mutual Release described in Section One above, and the Mayor, City Clerk, City Manager, City Attorney and Water Director, as appropriate, are authorized and directed to execute such other documents and perform such other actions as may be necessary or desirable to effectuate the consummation of the Mutual Release, release of the funds from the registry of the Court consistent with the terms of the Mutual Release, and dismissal of the litigation as contemplated by this Resolution. RESOLVED, APPROVED AND ADOPTED this day of , 2008. CITY OF ASPEN, COLORADO By: Mayor ATTEST: (SEAL) City Clerk MUTOAL RELEASE 1.0. DEFINITIONS 1.1 "Eubanks" as used herein shall mean Billy Ray Eubanks and Bonnie Jean Eubanks, and all heirs, executors, administrators, successors, directors, officers, employees, agents, attorneys, independent contractors, insurance carriers, and assigns of, and anyone holding claims which derive from Eubanks. 1.2 "Shadow Mountain" as used herein shall mean Shadow Mountain, LLC, and all member, managers, administrators, successors, assigns, directors, officers, agents, employees, attorneys, independent contractors, insurance carriers, and assigns of, and anyone holding claims which derive from Shadow Mountain. 1.3 "Aspen" as used herein shall mean the City of Aspen and/or its insurer, Colorado Intergovernmental Risk Sharing Agency, and all other insurance carriers, administrators, successors, assigns, directors, City council members, officers, agents, employees, attorneys, independent contractors and predecessors in interest of Aspen and/or Colorado Intergovernmental Risk Sharing Agency. 1.9 "Parties" as used herein shall mean Eubanks, Shadow Mountain and Aspen collectively. 1.5 "Occurrence" as used herein shall mean the assessment of a Recoupment Fee on Shadow Mountain for extraterritorial municipal water service provided for Shadow Mountain's real property and residence located at 312 S. Seventh Street, Aspen, Pitkin County, Colorado ("Subject Property"), as partial reimbursement to Eubanks for costs Eubanks incurred in relation to construction of a new water. main which provided extraterritorial municipal water service to the Eubanks real property and residence located at 1 Toby Lane, Pitkin County, Colorado, and to which the Subject Property has also been connected for its extraterritorial water service, and all matters relating thereto and any and all consequences thereof which Eubanks, Shadow Mountain and Aspen have claimed or could have claimed against any or all other Parties, and any claims which were asserted or which could have been asserted in District Court, Pitkin County, Colorado Case No. 07 CV 71, by way of counterclaim, cross-claim or otherwise. 1.6 "Recoupment Fee" as used herein shall mean the amount of $41,754.50 assessed to Shadow Mountain for receipt of extraterritorial municipal water service, which amount Shadow 1 Mountain paid to Aspen under protest and Aspen interpleaded with the court in District Court, Pitkin County, Colorado Case No. 07 CV 71. 2.0. RELEASE 2.1 In consideration of Aspen's payment to Eubanks in the amount of Thirteen Thousand Nine Hundred Eighteen Dollars and Seventeen Cents ($13,918.17); the release to Eubanks of Thirteen Thousand Nine Hundred Eighteen Dollars and Sixteen Cents ($13,918.16) from the Recoupment Fee interpleaded with the court; and, the release of the balance of the Recoupment Fee interpleaded with the court in the amount of Twenty-Seven Thousand Eight Hundred Thirty-Six Dollars and Thirty-Four Cents ($27,836.34) to Shadow Mountain, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby release, acquit and forever discharge each other of and from liability for any and all damages, injuries, losses and liabilities of whatsoever kind and nature arising from or in any way arising out of any and all known and unknown, foreseen and unforeseen damages, injuries, losses, claims, costs, expenses, attorneys fees and liabilities which the Parties may now have or hereafter have, resulting directly or indirectly from the Occurrence. 3.0. DISMISSAL OF LAWSUIT 3.1 The Parties shall dismiss all claims asserted in the lawsuit filed in. Pitkin County, Colorado District Court Case No. 07 CV 71 with prejudice and sign any and all further documents necessary to accomplish such dismissal with prejudice. 4.0. WARRANTIES AND REPRESENTATION3 4.1 The Parties-fully realize that they may have sustained or will sustain unknown or unforeseen damages, injuries, losses and liabilities resulting directly or indirectly from the Occurrence. By executing this document, the Parties fully intend to release each other from any and all liability for any and all such unknown or unforeseen damages, injuries, losses and liabilities resulting directly or indirectly from the Occurrence. 6.2 The Parties state that the settlement underlying the execution of this document was made in contemplation not only of known damages, injuries, losses and liabilities, but also in contemplation of the possibility that the Parties have sustained or will in the future sustain damages, injuries, losses and liabilities which are presently in existence but unknown to them or which may not now be in existence, but which may arise or become known in the future resulting directly or indirectly from the Occurrence and the Parties fully intend to release each other from liability for any and all such known or unknown, or unrealized damages, injuries, losses and liabilities. 6.3 The Parties are fully informed as to the nature, extent and character of their damages, injuries, and losses and liabilities and as to the nature, extent, duration, risk of consequences, aggravation, and all other known and unknown, foreseen and unforeseen consequences of those damages, injuries, losses or liabilities. 6.4 For the consideration stated herein, the Parties assume the risk that the settlement underlying the execution of this document was made on the basis of mistake or mistakes, mutual or unilateral, including but not limited to mistakes regarding: the nature or extent of the underlying damages, injuries, losses or liabilities; the future course, effect or consequences of known or unknown damages, injuries, losses or liabilities; the impression that the Parties are fully informed as to the nature, extent, effects, or consequences of the underlying damages, injuries, losses or liabilities; and the possibility of mistake as to damages, injuries, losses or liabilities, which are presently unknown or unforeseen but which the Parties have sustained or will in the future sustain resulting directly or indirectly from the Occurrence. 6.5 The Parties have been advised of their right to consult, at their expense, additional professionals of their choosing, regarding any and all known and unknown, foreseen and unforeseen, damages, injuries, losses and liabilities of whatsoever kind and nature the Parties may have or will incur resulting directly or indirectly from the Occurrence. 6.6 The Parties warrant that no promise or inducement has been offered except as set forth herein and that this document was executed without reliance upon any statement or representation by the other Parties and that the Parties are legally competent to execute this document and accept full responsibility for it and assume the risk of any mistake of fact as stated herein. 6.7 The Parties understand and agree that the acceptance of the consideration is in full accord and satisfaction of disputed claims for which the Parties expressly deny liability. 6.8 The Parties further understand and agree that all agreements and understandings between them are embodied and 3 expressed in this document and that the terms of this document are contractual and not mere recitals. 6.9 The Parties understand and agree that the signing of this document shall be forever binding upon them and no rescission; modification, or release of the Parties from the terms of this document will be made for any reason. 6.10 Eubanks and Shadow Mountain understand that it is their decision as to how the settlement is characterized. Aspen cannot and does not make any representations as to the tax consequences of the settlement. if any state and/or federal authority determines that any part of the payments to Eubanks and/or Shadow Mountain under this settlement are taxable, Eubanks and/or Shadow Mountain agree to be solely responsible and liable for payment of all such taxes, including interest and penalties. If Aspen is directed to pay any such taxes, interest or penalties for any reason (including, without limitation, late payment, non-payment and/or non-reporting), Eubanks and/or Shadow Mountain--which ever party from which the taxes, interest or penalties are derived and only that party--shall indemnify and defend Aspen and hold Aspen harmless from liability for same. 6.11 The Parties warrant and agree that they have neither assigned nor transferred any portion of their claim to any insurance company or other person or entity, and they agree that they will not hereafter assign or allow any assignment to any insurance company or other person or entity. Furthermore, the undersigned represent that they know of no subrogation interest, or interest by assignment regarding their claim, of any insurance company or other person or entity, nor do they know of any assignment, transfer, subrogation interest, or any other interest in any other person or entity, including liens, as the result of any conveyance or operation of law, including derivative claim(s). 6.12 This Mutual Release may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Mutual Release. 6.13 This Mutual Release shall be construed and interpreted in accordance with the laws of the State of Colorado. Venue for any legal actions in relation to this Mutual Release shall be in District Court in Pitkin County, Colorado. In the event it becomes necessary for any of the Parties to initiate litigation to enforce the provisions of this Mutual Release, the prevailing party shall be entitled to' recover their reasonable attorney's fees incurred in the enforcement thereof. 4 DATED effective this ~ day of September, 2008. ;C/ • Bi11y~Ray •ubanka Bonnie Jean Euba ks Shadow Mountain, LLC City of Aspen by Robert K. Coretz, Member STATE OF Cp~pfC~~O COUNTY OF P ~ ~'~~ -^ ) ;38. Subscribed to before me thi:o 2~1 day of Sen~~rr, 2008, by Billy Ray Eubanks and Bonnie :lean Eubanks. Witness my hand an~~ffi ia'~ se My commission expi - ~ 't NATA1:iF ~ GOLDEN STATE OF COUNTY OF ~s. ) 1!y CoAU~at7ion 08R5Y1011 Subscribed to before me this day of 2008, by Robert K. Coretz, Member of Shadow Mountain, LLC. witness my hand and official seal. . My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) by Subscribed to before me this day of , 2008, on behalf of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public 6 OCi-1-2008 16:14 FROM: 70:919709253977 P.6 DATED effective this day of September, 2008. Billy Ray Eubanks by Robert Member Bonnie Jean Eubanks City of Aspen 5 /~`'~ OCT-1-2~8 16:14 PROM: STATE OF COUNTY OF ss. 70:919709253977 P.7 Subscribed to before me this day of 2008, by Billy Ray Eubanks and Bonnie Jean Eubanks. Witness my hand and official seal. My commission expires: Notary Public STATE OF 9F-~G.hom~. ) ss. COUNTY OF ! u l~~ ) Subscribed to before me this ~ S~- day of ~~~P.~, 2008, by Robert K. Coretz, Member of Shadow Mountain, LLC. Witness my hand and offi al sea ~D I~ My commission expires: ,~~ MN J.1~1 Nota"ry Public -~1' ~~~OW/ipep SUM 11.610 STATE OF COLORADO ) ~ ss. COUNTY OF PITKIN ) Subscribed to before me this day of , 2009, by , on behalf of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public 6 ~c1 rq MEMORANDUM TO: City Council FROM: Cindy Christensen, Housing Office THRU: Tom McCabe DATE: October 20, 2008 RE: REPLACEMENT OFSMUGGLER MOUNTAINAPARTMENTS Below is a quick assessment that was done by Chris Everson on the costs to redevelop Smuggler Mountain Apartments: Size Category Qty APCHA Min Net Livable sq ft per each Total Net Livable sq ft Studio 1 8 400 3200 2BR 1 2 850 1700 3BR 1 1 1000 1000 Totals 5900 5900 net livable sq ft / 0.8 = 7375 gross square feet for construction + approximately 625 sq ft covered porch =approximately 8,000 total gross sq ft for redevelopment Assumptions: 1. Approximate low range redevelopment per square foot = $375/ft* 2. Approximate high range redevelopment per square foot = $475/ft* 3. Plus parking @ $40,000 per space with 1.5 spaces per unit ** 4. Costs do not include possible asbestos remediation or potential . $375 x 8,000 = $3,000,000 estimated low range for redevelopment (need to add parking) $475 x 8,000 = $3,800,000 estimated high range for redevelopment (need to add parking) Rough estimate for parking: $40,000 per space x 1.5 x 11 = $660,000 Low range estimate for redevelopment: $3,660,000 High range estimate for redevelopment: $4,460,000 * Intended to be a range of estimates for total redevelopment including demolition, soft costs, infrastructure, grading, retention, hard construction, but not including parking. * * Estimate for surface parking It may behoove Council to request the Housing Board to authorize the expenditure of funds to have a conceptual redesign/redevelopment plan created by a design professional and to have a conceptual estimate done, which would cost anywhere from $15,000 to $30,000 to have that done; however, the Housing Staff supports the AspenWalk project as this is the most cost effective development for this property at this point in time for the City of Aspen as shown by the above calculations. Below are estimates for repairing the existing building: Item Estimate Main Water Heater $37,000 Roof $45,200 Unit water heaters $8,000 Exterior $12,700 Laund $5,600 Vehicle $8,820 Retainin $15,000 A liances $17,125 Bathrooms $44,000 Contin enc $31,555 Estimated total $225,000 2 ltle. [~j THE CRY OF ASPEN MEMORANDUM TO: Mayor and City Council FROM: R. Barry Crook, Business Process Manager THRU: Steve Barwick, City Manager DATE: October 20, 2008 MEETING DATE: October 21, 2008 RE: Citizen Budget Task Force Final Report Backeround: In January 2008 the Aspen City Council commissioned a Citizen Budget Task Force (CBTF) with the purpose of evaluating and providing recommendations on major budget policy issues of the City of Aspen. The CBTF was officially appointed on January 22"d, 2008; upon City Council approval of the task force bylaws and initial membership. By March, the Task force had identified subject areas and formed subcommittees to begin issue evaluation work. These subject areas included: Transportation Housing Community Development Information Technology Tax and Finance By May 2008 the Task Force had narrowed its focus to three subject areas for in depth study, and had identified specific issues for evaluation within each subject area: Transportation: RFTA's Bus Rapid Transit proposal (the Subcommittee later added an evaluation and recommendation of the City's proposed Transportation Development Plan process to its work plan). Housine: Optimizing use of current housing resources, evaluating spending efficiency of housing funds for operations and development. Tax and Finance: Evaluate the City's plans and capacity for using debt to finance affordable housing. Through its subcommittees the Task Force developed a series of recommendations for the City Council to consider. To date some of these recommendations have been adopted by the Council, while others have been reviewed by City staff and are in the evaluation process. Page 1 0[ 6 Discussion: Task Force Recommendations provided in italics. Housine Subcommittee: are summarized here by Subcommittee and an update has been • Housing Subcommittee Recommendations on Housing resource efficiency. Adopted by City Council as Resolution #69-2008. Housing Subcommittee Recommendations set #2. Adopted by City Council as Resolution #69-2Q08: / Financial Audit of Burlingame Project accounting by McMahan and Associates. Completed July 2008. / Performance Audit of Burlingame Project by Alvarez and Mazsal. Completed July 2008. / Numerous other recommendations some of which are highlighted below: • Expert Construction/Desien Task Force for Burlingame 2/3 Review: The subcommittee recommended that the City form a group of independent construction experts drawn from the local community to advise the City as it compiles its plans to complete the BG project. This group would provide their expertise and advice on construction methods, density considerations, partnership possibilities, sizing of units and the development model to be employed. The City Manager had already formed a "Construction Experts Group" to advise him about how best to proceed on designing and building Burlingame Phase 2/3 and this group functioned as the Task Force the Subcommittee had contemplated. Creation of committee to investieate incentives: We recommended that the City consider employing financial "incentives" as a way to motivate affordable housing residents to downsize, sell or bridge to free market housing. This committee has been formed by the Aspen/Pitkin County Housing Authority under the name Housing Frontiers Committee and has been meeting since Wednesday, August 27, 2008. Development of policies and procedures to ensure accuracv of voter information and financial ro'ections: We recommended that the City institute the necessary internal controls to assure that financial information included in voter information documents and press releases is accurate. The accuracy of and the release of financial information will be the joint .responsibility of the Director of Finance and the City Manager's Office. Analyzine the bonding capaciri of the Ciri's Affordable Housine Fund: We recommended that the City undertake an analysis of its bonding capacity in light of the recent downturn in the economy and resulting reduction in Real Estate Transfer Tax (RETT) revenues. This work is a regular feature of any proposed use of debt frnancing and is a joint effort of the Finance Department and our Bond advisors. • Development of an implementation plan and timeline for the recommendations from the two audit firms and the CBTF: We requested the City Council to d>iect Page 2 of 6 staff to create a comprehensive implementation plan and timeline for the many recommendations that have been made by the two independent audit firms and the CBTF. This effort is underway, with an RFP for a possible Project Manager for the implementation effort being prepared and the recruitment for the Director of Capital Asset Management underway. Finalization of the implementation plan will be done after that person is recruited, on board and able to weigh in on the draft plans for implementation. Tax and Finance Subcommittee: • Adopt an objective methodology for evaluating the proposed subsidy element of all future affordable housing development projects To be finalized by the Affordable Housing Project Manager and the Director of Capital Asset Management in conjunction with the Director of Finance and the City Manager's Office -but is understood to include all relevant cost elements of a housing project as prepared for the Subcommittee in the reconciliation work • As an element of project planning develop specific subsidy target levels for all affordable housing projects and benchmark project progress against this subsidy tazget through the entire project development process. The current thinking is to provide this target on a case-by-case basis and use it as a comparison between competing projects and as a way of analyzing projects over time. The calculation of the subsidy per unit or per bedroom will remain an element of the project's performance over the lifetime of the project. • Only seek to borrow funds for major capital projects through bond issues or other debt instruments once a detailed project plan is in place and has been communicated to the public. Such a detailed plan should include estimates for all cost components, with documented underlying assumptions for all vaziables influencing cost. This is understood to be the current direction of the City Council and is being followed as part of the planning process for Burlingame Phase 2/3 and other possible housing projects that are contemplated to be debt financed. Transportation Subcommittee: • RFTA should address mazketing shortcomings in its BRT proposal to provide detailed factual information documenting the need for the requested improvements in the BRT plan, focusing on the benefits to current and future customers and a cleaz explanation of the status quo vs. BRT scenario as supported by the facts. RFTA bears the responsibility for taking action. • The City of Aspen, CDOT and RFTA must work together more effectively in finding systemic solutions to traffic and transportation issues involving the entrance to Aspen including consideration of traffic flow improvements including more effective use of HOV vehicles, addressing parking demand and capacity, continuing to evaluate alternative transportation solutions as long term options, including rail, and finally the entrance itself. The City of Aspen has commissioned several consultant, reports and made proposals to the Council: / To study the three options that have risen to the forefront on the entrance: (1) the Preferred Alternative, (2) the Split Shot, and (3) the Reversible 3"d Lane. Page 3 of 6 / In addition studies for intersection improvements at Cemetery Lane (roundabout or grade-separated interchange) are being completed. / Both of the above topics will be the subject of a Council Worksession scheduled for November 18, 2008. / Changes to the parking demand operations are in the works to extend paid parking by 3 blocks in every direction from the downtown core and to institute new technology used for enforcement. These changes are scheduled to begin on February 1. 2009. • The Task Force recommends the City Council approve the staff recommendation for a Transportation Development Plan (TDP) study related to transportation needs within the City of Aspen. Council approved the undertaking of the TDP work on August 25, 2008. The Task force recommends the Council create a Citizen's Transportation Advisory Committee for the purpose of evaluating TDP study results and providing citizen input on all transportation, entrance and parking policy issue as they relate to service level and budgetary impacts. This is the fast time this recommendation has come before the City Council. The staff has included an advisory committee for the TDP (including an invitation to every member of the CBTF Transportation Subcommittee). Task Force as a Whole: The Task Force also considered generally the potential benefit of a standing Citizen Budget and Finance Committee and while it reached no consensus for recommendation as to form, wished to forward this question to the City Council for further consideration. This is the first time this recommendation has come before the City Council Previous Council Action: Housinc Subcommittee Recommendations: The Council has previously accepted all of the recommendations of the Housing Subcommittee with the adoption of Resolution 69-08. Four of those recommendations were referred to the Aspen-Pitkin County Housing Authority for their review: • Establish Independent Compliance Advisory Board to advise housing executives on compliance matters, and monitor compliance complaints. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. • Establish Outsourced 24 hour Help Line for Compliance. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. • Outsource Eligibility Testing to Specialized Firm. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. • Legal Review of All Contracts for Maximizing City Rights. Page 4 of 6 Council response: Council refereed this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. Compliance Advisory Board.• According to the Housing Office the Housing Board has determined that IT will continue to function as the independent compliance advisory board. 24-Hour Help Line.• The Housing Office is currently doing some research on a possible 24- hour Help Line -looking into possible vendors and the cost of providing the service, and will be bringing information to the joint Council/BOCC meeting in December of the first quarter of 2009. Outsourced Eli ig bility Testing The Housing Office is currently utilizing an outside source (Choicepoint) to pull additional data on applicants. Staff has also revamped the application and is requesting backup documentation on stocks and bonds, retirement accounts, checking and savings accounts, tax assessor statements on property owned and mortgage statements. Legal Review of All Contracts: The Housing Office's outside attorney, Tom Smith, currently reviews all leases, contracts, guideline changes, deed restrictions, etc.- this is being done already. Clarifications Reeardine What is in the Report Taxation and Finance Subcommittee: The Task Force Report states: "The City seems to have considered a bond issue that can be serviced exclusively from one particulaz special revenue fund, the Housing Development fund, which receives the majority of its revenues from Real Estate Transfer Tax (RETT) receipts. The City also seems to have considered issuing such bonds in a form that is backed by the full faith and credit of the City in order to reduce the interest rate. If bonds are issued in such a form there can be consequences other than merely achieving a lower interest rate. For example, there would be a risk of having to increase property or perhaps other taxes unless the housing fund revenues are sufficient to cover the debt service. As a further example, issuance of such a bond could limit the City's capacity to issue further debt for other purposes. Perhaps other bond terms, possibly unfavorable, might also be affected. The City should consider carefully all effects of extending the full faith and credit of the City and weight such effects against the value of any expected savings of debt service costs." The City has considered issuing debt backed by the housing RETT revenue, the housing sales tax revenues and the net operating revenue of the Housing Development Fund. By considering an additional pledge of the full faith and credit of the City, the City anticipates receiving a better rating of such an issuance and securing a better interest rate from the marketplace -potentially saving the City millions in repayment expenses (depending an the total issued and final rates). The City would continue to weigh carefully all of the effects of extending the full faith and credit of the City to any Bond issue. The City has an excellent bond rating and its financial policies are designed to insure that the City maintains that rating. It takes the obligation to repay money that it borrows very seriously. Since the City will do whatever it takes to repay the money that it has borrowed anyway, it may as well get the benefit of the de facto pledge when it can, by issuing bonds with general obligation pledge. This saves the City money in the form of lower interest costs. Page 5 of 6 Request of Council: If the Council so desires, it should pass Resolution 103-08, accepting the Final Report of the Citizens Budget Task Force and thanking the members for their contribution to the City of Aspen and the City Council. Of the recommendations made to the Council, the issue of creating a Citizens Transportation Advisory Committee is outstanding. Page 6 of 6 RESOLUTION NO. 103 Series of 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO RECEIVING AND ACCEPTING THE FINAL REPORT OF THE ASPEN CITIZEN BUDGET TASK FORCE. WHEREAS, on February 11, 2008, by resolution of the City Council of the City of Aspen, Colorado, City Council did create a City of Aspen Citizen Budget Task Force, provide for a schedule of meetings, and request said Task Force to provide a final report of its findings and recommendations by September 1, 2008; and WHEREAS, The Mayor proposed and City Council endorsed the creation of a Citizen Budget Task Force to evaluate major issues of budgetary and financial policy and provide a set or findings and recommendations to the City Council; and WHEREAS, on October 21, 2008, the Citizen Budget Task Force met with the City Council and presented its Final Report to the citizens of Aspen and to the City Council; and WHEREAS, Marcia Goshorn (Chair), Howie Mallory (Vice-Chair), Danny Aronson, Lisa Baker, Don Davidson, Jim DeFrancia, Maurice Emmer, Jenny Elliot, Alan Fletcher, Michael Fox, Peter Fuchs, Scott Gordon, Ward Hauenstein, David Hyman, Michael Kaczynski, Peter Louras, Tom Oken, Bill Pope, Tom Schwerin, Lex Tarumianz, Charlie Tarver and Torre have given many hours of their time in reviewing the various budget implications of city operations and the fiscal/tax policies associated with a variety of city issues, have issued a final report and have presented that report to the City Council. NOW, THEREFORE BE IT RESOLVED that we the City Council do receive and accept this report and these final recommendations and do express our immense gratitude for the work of the members of the citizen budget task Force on behalf of the people of Aspen. APPROVED by the City Council of the City of Aspen on the 27th day of October, 2008. 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 on the day hereinabove stated. Kathryn S. Koch, City Clerk ~a . MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Lift One Neighborhood Master Plan COWOP Final Review First Reading of Ordinance No.~, Series 2008 Public hearing scheduled for Nov. 10, 2008 DATE: October 27, 2008 SUMMARY: City Council initiated the Lift One Neighborhood Master Plan COWOP review through the adoption of Resolutions No. 13 and 80, Series of 2008. The 27- member Master Plan Task Force met every Thursday from April 10`h through October 2"d and made their formal recommendation by a 19 to 1 vote (with one abstention). The Plan has been review by the Historic Preservation Commission and the Planning and Zoning Commission. Both boards supported the project by unanimous votes. The proposed ordinance implements the recommendation of the Task Force and provides final approvals for the proposed redevelopment. The Master Plan incorporates a new high-speed quad lift replacing the current lift 1 A, a new surface lift along the historic lift one corridor, a ski museum, public parking, two new lodging facilities with associated commercial space, affordable housing both on- site and off-site, and rehabilitation of historic resources. PROPOSED REVIEW SCHEDULE: October 27'x' -First Reading. This will be a "traditional" first reading with a minimal presentation by staff on scheduling issues and not a substantive presentation of the project. November 10''' -Second Reading & Public Hearing. This will be a presentation of the Master Plan, the background, the COWOP process, project goals, the final site plan, and the Task Force recommendation. 1 November 24~n -Continued Second Reading & Public Hearing. This will be a more detailed presentation of the project including architecture, massing, energy efficiency measures, lodging program, and a review of the proposed ordinance. December 1" -Continued Second Reading & Public Hearing. This will be a chance for the project team to respond to questions from the first two public hearings. The COWOP process included several experts on mountain planning, project financing, energy efficiency, etc., and those experts will be on-hand for this meeting. Amore detailed review of the proposed ordinance is also expected. December 8`h -Continued Second Reading & Public Hearing. This is expected to be the final meeting where the project team will respond to any remaining questions and a final review of the proposed ordinance occurs. APPLICANTS: 1. Aspen Land Fund II, LLC (Centurion Partners). Represented by John Sarpa. 2. Roaring Fork Mountain Lodge -Aspen, LLC. Represented by Robert Daniel. 3. Aspen Skiing Company. Represented by David Bellack 4. The City of Aspen. RECOMMENDATION: Staff recommends adoption of Ordinance No. ~, Series 2008, upon first reading. The public hearing is scheduled to begin on November 10`n CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. ~ Series of 2008, the Lift One Neighborhood Master Plan, upon first reading." 2 ORDINANCE N0.34 (SERIES OF 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING AND CONFIRMING THE BOUNDARIES AND APPROVING THE LIFT ONE NEIGHBORHOOD MASTER PLAN AND GRANTING FINAL LAND USE APPROVALS AND A DEVELOPMENT ORDER FOR ALL PROPOSED DEVELOPMENT WITHIN THE MASTER PLAN INCLUDING PROPERTY LOCATED ON BOTH SIDES OF SOUTH ASPEN STREET SOUTH OF DEAN STREET OWNED BY THE CITY OF ASPEN, THE ASPEN SKIING COMPANY, ASPEN LAND FUND II LLC (AKA CENTURION PARTNERS LLC), AND ROARING FORK MOUNTAIN LODGE-ASPEN LLC, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received a completed application from Aspen Land Fund II, LLC also known as Centurion Partners, LLC; Roaring Fork Mountain Lodge -Aspen LLC; the Aspen Skiing Company; and, the Aspen City Manager, for a determination of eligibility for a project, known as the Lift One Neighborhood Master Plan, reasonably necessary for the convenience and welfaze of the public (COWOP) for a redevelopment of lands, owned by the above mentioned parties, for the purpose of providing or improving the provision oflift-served skiing access to Aspen Mountain, pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, non-traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, public parking, and commercial, lodging, free-market residential, and affordable residential land uses; and, WHEREAS, the City of Aspen manages public rights-of--way in the planning area including Hill Street, Summit Street, Gilbert Street, the alley within Block 10 of the Eames Addition, South Aspen Street, Juan Street, and Dean Street and owns certain public land known locally as Willoughby Park and Lift One Park; and, WHEREAS, the legal descriptions of the lands subject to this review aze attached as Exhibit 5 and aze generally described as lands on both sides of South Aspen Street south of Dean Street, excluding the Shadow Mountain Townhomes; and, WHEREAS, the Lift One Neighborhood Master Plan's public and private property landowners were represented by their respective property owners and/or representatives including Robert Daniel of Roaring Fork Mountain Lodge -Aspen LLC, John Sarpa of Centurion Partners LLC, David Bellack of the Aspen Skiing Company, and Chris Bendon of the City of Aspen, all of whom were authorized to represent their individual public or private property interests; and, WHEREAS, the COWOP land use review process, Chapter 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, when determined necessary by the City Council according to said Chapter, to evolve an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest assembled as a formal reviewing authority of the City of Aspen providing recommendations directly to City Council; and, WHEREAS, via adoption of Resolution No. 13, Series of 2008 and No. 80 Series of 2008, the City Council found that the proposal for review as a project reasonably necessary for the convenience and welfare of the public met the Standards for Determination, Section 26.500.040 of the City of Aspen Land Use Code, for the following reasons: (a) The Master Plan could provide enhanced access to lift-served skiing on Aspen Mountain, lodging facilities that meet the needs of the of the community, affordable housing units that serve the needs of the community, improved vehiculaz, pedestrian and emergency vehicle access, the development of public parking, the preservation of important local and national historic resources, the development of non- traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, and a unified approach to managing construction impacts and ongoing maintenance and operations of the azea's infrastructure; (b) Preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to lift-served skiing, housing the workforce, and energy efficiency are stated community goals that could be addressed through master planning of this area; (c) Portions of the subject area aze owned by the City of Aspen and a Master Plan could permit an advantageous disposition of those properties; (d) Portions of the subject area aze managed by the City of Aspen as rights-of- way and a Master Plan could permit an advantageous disposition of those properties; (e) The bifurcated ownership of the subject azea and independent projects in various stages of entitlement may result in an ad-hoc development pattern while a master planning process using an interactive and multidisciplinary approach with a diverse COWOP task team, including neighbors of the project and persons with special interest in the property and its development will lend itself to the type of open dialogue needed to determine a cohesive future vision for the neighborhood; and, WHEREAS, via adoption of Resolution No. 13, Series of 2008 and No. 80 Series of 2008, the City Council established a COWOP Task Force Team to develop a Master Plan for the Lift One Neighborhood including the quantitative elements of the plan, broad urban design elements of the plan, and the contextual relationship of the plan to surrounding properties; and Ordinance No 34, Series 2008 Page 2 Lift One Neighborhood M aster Plan WHEREAS, the Lift One Neighborhood Master Plan COWOP Task Force Team is comprised of citizens with a broad range of perspectives, expertise, and awareness of community issues. Following are the members of the task force and their affiliation: City of Aspen City Council Mick Ireland Dwayne Romero P & Z Cliff Weiss HPC Alison Agley Com. Dev. Chris Bendon, (non-voting) Landowners Lodge at Aspen Mtn. John Sarpa Lift One Lodge Bob Daniel Aspen Skiing Dave Bellack Com any Neighbors South- Shadow Chrissy McNamara Mountain West- Juan St., Derek Johnson Trainors Landing Denis Murray North- South Point, Galen Bright Timber Ridge Tami Solondz East Sissy Erikson Mountain Queen Zachary Matthews Gilbert Street Other Affected Parties Aspen Hist. Society Georgia Hanson AVSC Mazk Cole ACRA Debbie Braun Community At Large Yasmine dePagter Allyn Harvey Mark Hughes Mary Janss Andrew Kole Ruth Kruger Mary Anne Meyer Bernard Phillips *Brian Schaefer (removed for non- attendance) Bill Wiener, Jr. and, Ordinance No 34, Series 2008 Page 3 Lift One Neighborhood M aster Plan WHEREAS, the City of Aspen Community Development Director was a non- voting member and served as the chair of the Task Force Team, in compliance with the requirements of Section 26.500 of the Aspen Land Use Code; and, WHEREAS, the Lift One Neighborhood Master Plan COWOP Task Force Team has met every Thursday for a minimum of three hours and up to seven hours from April 10, 2008 to October 2, 2008, for a total of 26 meetings to consider the project goals, constraints, concepts, and possible development scenarios; and, WHEREAS, the COWOP review process enabled the planning and design of the master plan to reflect community values, taking into consideration various opinions and expressed points-of--view from neighbors, land owners, citizens, and technical expertise from professionals assisting the planning effort; and, WHEREAS, the Lift One Neighborhood Master Plan COWOP Task Force Team adopted the following master plan goals which were subsequently acknowledged by the Aspen City Council via adoption of City Council Resolution No. 59, Series of 2008: • Respect Aspen's history: integrate the balance of architecture and design through the relationships, mass and scale of historic and proposed structures. • Showcase and promote Aspen's ski history and traditions. • Provide easy and welcoming access to all users that integrates the Lift One neighborhood and town while minimizing traffic and pavement. • Develop improved lift access and infrastructure that includes the World Cup venue and year-round activities. • Create a "lights on" mix of lodging, services, amenities and on-site affordable housing to attract visitors and locals while respecting the nature of the neighborhood. • Develop an economically viable and flexible project without imposing burdens on the community. • Create an environmental showcase that exploits on-site energy generation and responsibly uses energy and other resources. and, WHEREAS, the COWOP land use review procedure does not and has not lessened any public hearing, public noticing, or any critical analysis or scrutiny of the project as would otherwise be required; and, WHEREAS, the Task Force meetings were run in a public hearing type format with the ability for members of the public and concerned citizens to comment on the progress of the master plan; and, Ordinance No 34, Series 2008 Page 4 Lift One Neighborhood M aster Plan WHEREAS, the project received approximately 59 pages of emails and letters which can be viewed on the Lift One Neighborhood Master Plan website accessed from www.aspenpitkin.com; and WHEREAS, the City of Aspen Internet web site had approximately 340 page views per month; and WHEREAS, the progress of the task force and all materials, meeting summazies, diagrams, and maps related to the planning effort were maintained in 2 project binders available for public inspection at the City of Aspen Community Development Department and on the City of Aspen Internet web site, www.aspenpitkin.com/; and, WHEREAS, during the planning process for the Master Plan updates on the progress of the planning effort were considered as agenda items at public meetings by the Aspen/Pitkin County Housing Authority Boazd, the City Planning and Zoning Commission, and the Historic Preservation Commission; and, WHEREAS, the Historic Preservation Commission was updated regarding the progress of the Task Force throughout the project by their Task Force Representative Alison Agley; and WHEREAS, the Planning and Zoning Commission were updated regulazly regarding the progress of the Task Force by their Task Force Representative, Cliff Weiss; and, WHEREAS, on August 12th, approximately 60 citizens attended an "open- house" style public meeting, notice of which was published in the Aspen Times, conducted to provide information and discuss planning issues with neighbors and interested citizens; and WHEREAS, approximately 18 articles in the Aspen Times appeared over the course of the Lift One Neighborhood Master Plan Task Force review process detailing ongoing planning issues and the evolution of the plan, including 5 articles that were published prior to the formation of the Task Force and an additional 10 letters to the editor; and, WHEREAS, the Aspen Daily News published 13 articles regarding the Lift One Project including 5 that were published prior to the formation of the Task Force; and, WHEREAS, staff and members of the Task Force presented the progress of the Task Force to the Board of Directors of the Aspen Chamber Resort Association on July 29, 2008; and, WHEREAS, On August 21, 2008, an update was provided at the annual ACRA Luncheon by Task Force member and ACRA President Debbie Braun to approximately 250 attendees; and, Ordinance No 34, Series 2008 Page 5 Lift One Neighborhood M aster Plan WHEREAS, staff presented the progress of the Task Force to the Aspen/Pitkin County Housing Authority on August 6, 2008; and, WHEREAS, staff presented the progress of the Task Force to the Aspen Board of Realtors on August 13, 2008; and, WHEREAS, City of Aspen Project Assistant Travis Coggin and City of Aspen Community Relations Officer Sally Spaulding spoke about the project and where/how to access information related to the Lift One Neighborhood Master Plan on the KSNO radio station on August 19, 2008; and, WHEREAS, City of Aspen Community Development Director Chris Bendon and Project Assistant Travis Coggin spoke about the project and where/how to access information related to the Lift One Neighborhood Master Plan on the KSNO radio station on October 17, 2008; and WHEREAS, staff presented the progress of the Task Force to the Commercial Core and Lodging Commission on August 20, 2008; and, WHEREAS, staff presented the progress of the Task Force to the City of Aspen Community Development and Engineering Departments on August 20, 2008; and, WHEREAS, staff presented the progress of the Task Force to the Pitkin County Community Development Department on September 8, 2008; and, WHEREAS, the City of Aspen devoted one episode of City Matters to the Lift One Neighborhood Master Plan and filmed an on-site program with members of the Task Force; and, WHEREAS, the City of Aspen filmed a special edition of City Matters on October 15, 2008 with members of the Task Force; and WHEREAS, the City Matters program covering the Lift One Neighborhood Master Plan has aired approximately 11 times on CGTV; and, WHEREAS, there have been informational slides running continually on CGTV displaying the time and date of upcoming Lift One Task Force Meetings as well as the Lift One Neighborhood Master Plan website; and, WHEREAS, City Council reviewed the progress of the Master Plan during two (2) publicly noticed work sessions on June 9 and July 21, 2008, considered progress of the effort and provided direction as to the proper planning and design objectives and issues to be fully considered; and, WHEREAS, the COWOP Task Force determined that the Lift One Neighborhood Master Plan provides the following community benefits associated with the Goals created by the COWOP Task Force. Ordinance No 34, Series 2008 Page 6 Lift One Neighborhood M aster Plan History 1. Respect Aspen's history: integrate the balance of architecture and design through the relationships, mass and scale of historic and proposed structures. 2. Showcase and promote Aspen's ski history and traditions. View plane corridor maintained. Revitalized sense of history. Museum integrated providing historical connection. Recycles historical buildings as historical assets. Accessibility 1. Provide easy and welcoming access to all users that integrates the Lifr One neighborhood and town while minimizing traffic and pavement. 2. Develop improved lift access and infrastructure that includes the World Cup venue and year-round activities. Creative and uniquely Aspen solution for people mover. Infrastructure updates -sidewalks on Aspen Street. Year-round access to top of hill, surface lift from Dean Street. Proven technology/appropriate to area. Improved skiing to Dean Street. Neighborhood -more inviting and more inclusive. Removes "load" from other lifts. Corner of Aspen and Durant will be safer. Vitali 1. Create a "lights on" mix of lodging, services, amenities and on-site affordable housing to attract visitors and locals while respecting the nature of the neighborhood. 2. Develop an economically viable and flexible project without imposing burdens on the community. Lockers at starting point of skiing. Affordable commercial is a possibility. Local's friendly steak house for beer, etc. Revitalized and beautified a huge section of town at base of mountain. Lights on neighborhood from addition of affordable housing. Added hot beds and hotel. Better World Cup venue. Sustainability 1. Create an environmental showcase that exploits on-site energy generation and responsibly uses energy and other resources. Ordinance No 34, Series 2008 Page 7 Lift One Neighborhood M aster Plan • Increased tax base--50% less fossil fuel consumption than similar uses, sets new standard for lodges--LEED Silver or Gold; and WHEREAS, the Master Plan is of higher quality as a result of the COWOP Task Force Team review process and the thoughtful and interactive discussions that allowed multiple iterations and development scenarios to be discussed would not have otherwise occurred if the Master Plan had not been reviewed as a COWOP application; and, WHEREAS, the Master Plan is consistent with the Goals and Objectives of the 2000 Aspen Area Community Plan; and WHEREAS, the project meets the goals created by the COWOP Task Force; and WHEREAS, the Lift One Neighborhood Master Plan received a vote of 19 in favor, one opposed and one neutral at the final Task Force Meeting on October 2, 2008; and, WHEREAS, the Historic Preservation Commission formally reviewed the Lift One Neighborhood Master Plan during a series of public hearings beginning August 27, 2008 and concluding October 8, 2008, resulting in a vote of 4-0 in favor of the Master Plan; and WHEREAS, the Historic Preservation Commission formally reviewed the Conceptual Application for relocation of structures, development of Lift One Park, and development of Willoughy Pazk beginning August 27, 2008 and concluding October 8, 2008 and voted unanimously to grant Conceptual Approval for Major Development and Relocation for the properties located at Willoughy Pazk, Lift One Park, 233 Gilbert Street and 710 South Aspen Street, as evidenced by Resolution No. 23, Series of 2008. WHEREAS, the Planning and Zoning Commission formally reviewed the Lift One Neighborhood Master Plan during a series of public heazings beginning August 26, 2008 and concluding on October 7, 2008, resulting in a vote of 6-0 in favor of the Master Plan; and WHEREAS, Hill Street, Summit Street and their associated alleys, a portion of Gilbert Street, a portion of Juan Street and a portion of Dean Street west of South Aspen Street rights-of--way, as currently platted, do not provide for efficient or practicable vehicular movement and the City of Aspen believes it is in the best interests of the City, and its residents, to vacate the rights-of--way, concurrent with the approval of the development proposal and effective upon recordation of the Master Subdivision/Street Vacation Plat, such that the lands may be used for development purposes; and, WHEREAS, the lands subject to this right-of--way vacation aze depicted on attached Exhibit 3 and shall be depicted and described on the Master Subdivision/Street Vacation Plat; and, Ordinance No 34, Series 2008 Page 8 Lift One Neighborhood M aster Plan WHEREAS, the vacation action, considering the Master Plan entire land assemblage, will not leave any land without a means of adequate access to a public right- of-way; and, WHEREAS, the City of Aspen has reviewed, verifies, and hereby accepts the vacation of the Hill Street, Summit Street, a portion of Gilbert Street, a portion of Juan Street and a portion of Dean Street west of South Aspen Street rights-of--way and the reversion of associated lands to adjacent pazcels, as depicted and described on the Master Subdivision/Street Vacation Plat, as consistent with the requirements of C.R.S. Section 43-2-301 et. seq.; and, WHEREAS, the vacation of these portions of the Hill Street, Summit Street, a portion of Gilbert Street, a portion of Juan Street and a portion of Dean Street west of South Aspen Street rights-of--way meets or exceeds the review criteria for affecting such changes as adopted by the City of Aspen; and, WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City Council may approve, approve with conditions, or deny all requisite land use approvals necessary to grant a development order for a proposed development determined eligible for COWOP land use review upon a recommendation from the Community Development Director and consideration of comments offered by the general public at a duly noticed public hearing; and, WHEREAS, the City of Aspen Community Development Director has reviewed the proposed development in consideration of the recommendations of the COWOP Task Force Team, the requirements of the Land Use Code, and comments from the City Engineer and applicable referral agencies and has recommended approval of all necessary land use approvals for granting a development order for the proposed Project including Final approval of a COWOP Land Use Review including: Subdivision, Final PUD Development Plan approval, Rezoning of portions of the lands within the Lift One Neighborhood to L, Lodge (PUD), Planned Unit Development Overlay; NC, Neighborhood Commercial (H)(PUD), Historic, Planned Unit Development Overlay; and PUB, Public ;(H)(PUD), Historic, Planned Unit Development Overlay, Vacation of certain public rights-of--way, Dedication of certain public rights-of--way and easements, Growth Management Quota System ("GMQS") allotments for lodging, free market residential and affordable housing units, commercial net leasable space, and essential public facilities, Condominiumization, removing and re-establishing historic landmark designation of a parcel, Final Timeshare approval, Mountain View plan review approval, 8040 Greenline approval, Conditional Use approval, and Commercial Design Review approval; 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 Lift One Neighborhood Master Plan COWOP Task Force Team, the Community Development Director, P&Z, HPC, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Ordinance No 34, Series 2008 Page 9 Lift One Neighborhood M aster Plan WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT the City Council hereby amends the boundary of the Lift One Neighborhood Master Plan (the "Master Plan") as set forth in Section 1 below; hereby approves the Master Plan as described and depicted in the Decision Packet; and hereby declares that such approved Master Plan and all land use approvals necessary or appropriate thereto, as herein set forth, shall constitute a site specific development plan as defined in Section 24-68-102(4)(a) of the Colorado Revised Statutes, subject to the conditions described herein. Section 1: Elieibility Confirmation and Amendment to Master Plan Boundaries The lands included in the Lift One Neighborhood Master Plan aze hereby amended to include land owned by the Aspen Skiing Company extending generally to the south from the southwesterly boundary of the Mountain Queen Condominiums, the southerly boundary of Block 12 of the Eames Addition to the City and Townsite of Aspen, the south end of the South Aspen Street right-of--way and the southerly boundary of the Shadow Mountain Condominiums to the southerly boundazy of the City of Aspen, as depicted on the Master Plan Boundary Map attached hereto as Exhibit 1. The purpose of including these additional lands is to accommodate the uphill terminal of the new "surface lift" and the lower terminal of the new high speed Lift lA, and to accommodate certain pedestrian access improvements south of the South Aspen Street right-of--way. Pursuant to Section 26.500.040 of the City of Aspen Land Use Code, the Lift One Neighborhood Master Plan, as described in Resolution No. 13, Series of 2008, and in Resolution No. 80, Series of 2008, and with the inclusion of the additional Aspen Skiing Company lands as described above, is and continues to be reasonably necessary for the Convenience and Welfare of the Public and eligible for the COWOP review process. Section 2: Leval Descriptions The legal descriptions of the lands within the Lift One Neighborhood Master Plan boundary are attached hereto as Exhibit 5. Section 3. Master Plan Approvals; Vested lti¢hts: Development Order (a) The Lift One Neighborhood Master Plan is hereby approved, and the respective owners of lands within the Master Plan boundary (the "Lift One Ordinance No 34, Series 2008 Page l0 Lift One Neighborhood M aster Plan Neighborhood"), as such lands are described in Section 2 above, are hereby granted all land use approvals necessazy or appropriate to the implementation of the Master Plan, including without limitation the following: (i) Final PUD Development Plan approval for the developments described in Section 11 below; (ii) Subdivision approval as described in Section 4 below; (iii) Rezoning of portions of the lands within the Lift One Neighborhood to L, Lodge (PUD), Planned Unit Development Overlay; NC, Neighborhood Commercial (H)(PUD), Historic, Planned Unit Development Overlay; and PUB, Public (H)(PUD), Historic, Planned Unit Development Overlay as described in Section 8 below; (iv) Vacation of certain public rights-of--way as described in Section 9 below; (v) Dedication of certain public rights-of--way and easements as described in Section 10 below; (vi) Growth Management Quota System ("GMQS") allotments for lodging, free mazket residential and affordable housing units, and commercial net leasable space as described in Section 14 below; (vii) Condominiumization as described in Section 28 below; (viii) Final Timeshare approval for the developments described in Section 11 below; (ix) Mountain View plane, 8040 Greenline, Conditional Use and Commercial Design Review approval for the developments described in Section 11 below; and (x) Removing historic landmark designation from 710 South Aspen Street a/k/a the Skiers Chalet Steak House and designating Lot 3 as a Historic Landmark. (b) Pursuant to HPC Resolution No. 23, Series of 2008, unanimously adopted on October 8, 2008, Conceptual HPC Approval has been obtained for the relocation of the Skiers Chalet Steak House building to a portion of the South Aspen Street right-of- way being vacated pursuant to this Ordinance, and for the relocation of the Skiers Chalet Lodge to Willoughby Pazk and its conversion to a Ski Museum. Final HPC approval for these actions must be obtained before a Building Permit or Permits are applied for in connection therewith. (c) The right to undertake and complete the development and use of the Lift One Neighborhood pursuant to the site specific development plan hereby approved shall Ordinance No 34, Series 2008 Page 1 I Lift One Neighborhood M aster Plan be vested for a period of fifteen (15) years from the date of final adoption of this Ordinance, all as shall be more specifically set forth in a Vested Rights Development Agreement to be approved contemporaneously with this Ordinance. (d) No later than fourteen (14) days following final adoption of this Ordinance, the Aspen City Clerk shall cause to be published in a newspaper of general circulation within the City of Aspen a notice advising the general public of the approval of a site specific development plan and the creation of a vested property right for the Lift One Neighborhood pursuant to Section 26.304.070(A) of the City of Aspen Land Use Code. Following the publication of said notice, the Community Development Director shall issue a written Development Order containing the information required by Section 26.304.070(B) of the Land Use Code, which Development Order shall have an effective date as of the date of publication of the notice of approval of the site specific development plan. Section 4: Master Subdivision/Street Vacation Plat Within two (2) years following the date of final adoption of this Ordinance by the City Council, the record owners of the underlying lands shall prepare, execute and record a Master Subdivision/Street Vacation Plat of the Lift One Neighborhood which subdivides the area into the following parcels, as depicted on the Proposed Subdivision Map attached hereto as Exhibit 4. (a) Lot 1: Lift One Lodge (b) Lot 2: Lift One Pazk (c) Lot 3: Skiers Chalet Steak House (d) Lot 4: Willoughby Park (e) Lot 5: Lodge at Aspen Mountain (f) Lot 6: Deane Street Condominiums For purposes of this Ordinance, Lots 1, 2, 3 and 4 together shall hereinafter be referred to as the "Lift One Project" and Lots 5 and 6 together shall hereinafter be referred to as the "Lodge at Aspen Mountain Project". The Master Subdivision/Street Vacation Plat shall also depict and describe a development envelope for the relocation of the Lift 1 A base azea as more specifically addressed and described in Section 11.6 below, shall vacate the public rights-of--way described in Section 9 below, shall dedicate the public rights-of--way described in Section 10 below, and shall grant certain perpetual easements beneath, within or above public rights-of--way and beneath Lot 2, Lift One Park, and Lot 4, Willoughby Park, as described in Section 10 below. A Master Utility and Drainage Plan for the Lift One Neighborhood shall be recorded concurrently with the Master Subdivision/Street Vacation Plat. The City acknowledges that the boundazies of Lots 3 and 6, respectively, may need to be adjusted, and the Community Development Director shall have the authority to approve such adjustment(s) as an Insubstantial Amendment to this Ordinance. The final boundaries of such Lots (and of any adjoining Lots affected by the approvals granted by Ordinance No 34, Series 2008 Page 12 Lift One Neighborhood M aster Plan such adjustments) shall be depicted and established on the individual Subdivision Plats to be executed and recorded pursuant to Section 7 below. The City further acknowledges that lot line adjustments may be required to accomplish the conveyance of portions of vacated Deane Street and of vacated South Aspen Street into the ownership of adjacent property owners. The Community Development Director shall have the authority to approve and execute any related Lot Line Adjustment Plats via administrative review. Section 5: Master Development Agreement Contemporaneously with the recording of the Master Subdivision/Street Vacation Plat, the owners of the lands within the Lifr One Neighborhood (excluding the City of Aspen) shall prepare, execute and record a Master Development Agreement which sets forth a description of the subdivision improvements and other amenities required by the Master Plan, including the following: (a) The relocation of South Aspen Street and associated sidewalks as depicted on the Proposed Subdivision Map attached as Exhibit 4; (b) The installation and/or relocation of all utilities and drainage facilities depicted and described on the Master Utility and Drainage Plan; (c) Deane Street right-of--way improvements, including sidewalks;* (d) The landscaping of South Aspen Street and other public rights-of--way; (e) The new Lifr lA high speed lift and other improvements to facilitate access to the lift from South Aspen Street; (f) The surface Lifr from Willoughby Park to the Lifr lA Base Area Development Envelope;; (g) 80 subgrade public parking spaces beneath areas to be depicted on the Master Subd ivision/Street Vacation Plat; (h) Public locker facilities; (i) A Ski Museum located in Willoughby Park; (j) The relocation of the volleyball courts currently located in Willoughby Park; and (k) Improvements to Willoughby Park. *The design of the Deane Street right-of--way improvements for that section of Deane Street between the South Aspen Street and Monarch Street rights-of--way shall be coordinated with the City of Aspen Ordinance No 34, Series 2008 Page 13 Lift One Neighborhood M aster Plan Community Development, Parks, and Engineering Departments. All, or a portion, of the $250,000 allocated to Deane Street improvements by Ordinance No. 32, Series of 2005 (the Chart House contribution) may be used for the design and implementation of these improvements. (1) An allocation amongst the owners (excluding the City) of the responsibilities for the ongoing maintenance of said improvements and amenities. 5.1 Seguencine: If Lodee at Asnen Mountain Project Proceeds First. In the event the Lodge at Aspen Mountain Project elects to proceed with the permitting and construction of its development ahead of the Lift One Lodge Project, the Lodge at Aspen Mountain Project shall be obligated to provide financial assurances for and to construct the improvements and amenities described in Section 5 above, excepting utilities and drainage facilities that fall entirely within the other Project site and which are not required for the Lodge at Aspen Mountain Project, and excepting the surface lift and the improvements described in subparagraphs (i), (j) and (k) above, all of which will occur within the Lift One Lodge Project area. In lieu of the surface lift, the Lodge at Aspen Mountain shall establish and operate a regulaz public van service along South Aspen Street to the Lift lA base area until such time as the surface lift is operational. The Lift One Lodge Project shall construct these excluded improvements during the course of the development of its own Project. The Lift One Lodge Project shall be obligated to reimburse the Lodge at Aspen Mountain Project, within ten (10) days following the date of issuance of the initial building permit for the Lift One Lodge Project, for all costs and expenses incurred to date by the Lodge at Aspen Mountain Project that would otherwise have been the responsibility/shaze of the Lift One Lodge Project under the terms of the Master Development Agreement. If the Lodge at Aspen Mountain Project chooses to implement a Special District to provide the required improvements or some of them, then the Lift One Lodge Project's reimbursement obligation shall be to the Special District to the extent the Special District has incurred such costs and expenses. 5.2 Seguencine: If Lift One Lodee Proiect Proceeds First. In the event the Lift One Lodge Project elects to proceed with the permitting and construction of its development ahead of the Lodge at Aspen Mountain Lodge Project, the Lift One Lodge Project shall be obligated to provide financial assurances for and to construct the improvements and amenities described in Section 5 above, excepting utilities and drainage facilities that fall entirely within the other Project site and which are not required for the Lift One Lodge Project. The Lodge at Aspen Mountain Project shall be obligated to reimburse the Lift One Lodge Project, within ten (10) days following the date of issuance of the initial building permit for the Lodge at Aspen Mountain Project, for all costs and expenses incurred to date by the Lift One Lodge Project that would otherwise have been the responsibility/shaze of the Lodge at Aspen Mountain Project under the terms of the Ordinance No 34, Series 2008 Page 14 Lift One Neighborhood M aster Plan Master Development Agreement. If the Lift One Lodge Project chooses to implement a Special District to provide for the required improvements or some of them, then the Lodge at Aspen Mountain Project's reimbursement obligation shall be to the Special District to the extent the Special District has incurred such costs and expenses. Section 6: Special District To the extent the owners of the Lift One Lodge Project area and of the Lodge at Aspen Mountain Project area elect to form a Special District to fund, construct, operate and/or maintain certain of these subdivision improvements and amenities, the details thereof shall be set forth in the Master Development Agreement. The Agreement shall provide that in the event either the Lift One Lodge Project or the Lodge at Aspen Mountain Project is ready to proceed with its development ahead of the other Project, then that Project shall have the right to proceed on its own to form the Special District with the requirement that the other Project will join the Special District when it is ready to do so. If the Special District chooses to issue bonds for purposes of constructing improvements, and if the Special District has sold bonds sufficient in amount to cover the approved estimated cost of accomplishing the improvements undertaken by the Special District, the City agrees that such Special District funding shall be deemed adequate financial assurance from the Project owners for such subdivision improvements. In establishing the boundaries of and the real property interest to be included within the Special District, Lots 1, 3 and 5 shall be included and all publicly-owned property and facilities, including underground public parking, and owner occupied affordable housing units, shall be excluded. Section 7: Individual Subdivision/PUD Agreements No later than two (2) years following the date of recording of the Master Subdivision/Street Vacation Plat and the Master Development Agreement, individual Subdivision Plats and individual Subdivision/PUD Agreements shall be prepared, executed and recorded covering the Lifr One Lodge Project and the Lodge at Aspen Mountain Project, respectively. Said individual Subdivision Plats and Subdivision/PUD Agreements may be recorded at the same time or at different times, as the respective developers may determine to be appropriate. Contemporaneously with the recording of each individual Subdivision Plat and Subdivision/PUD Agreement, a Final PUD Development Plan shall be recorded for that property and shall include the following information: (a) An illustrative site plan of the Project depicting the proposed improvements, the approved dimensional requirements, and adequate snow storage areas; (b) A drawing(s) representing the Project's architectural character, which demonstrates the general architectural character of each building and depicts materials, fenestration, projections, and dimensions and locations of elevator shaft heads, skylights, mechanical equipment, etc.. Mechanical equipment shall be screened from pedestrian view; Ordinance No 34, Series 2008 Page 15 Lift One Neighborhood M aster Plan (c) A landscape plan depicting the location, amount, and species of landscape improvements with an irrigation plan, containing a signature line for the City Parks Department; this plan should also include any movable planters/pots within pedestrian azeas; (d) A grading and drainage plan, with any off-site improvements specified; (e) A utility and public infrastructure plan meeting the standazds of the City Engineer and City utility agencies; and (f) An exterior lighting plan meeting the requirements of Section 26.575.150 of the Land Use Code. (g) Cost estimates for the improvements and requirements described in the Subdivision/PUD Agreements; and (h) A description of the financial assurances to be provided. Section 8: Rezonin~s Upon the approval of this Ordinance by the Aspen City Council, Lots 1, 2, 3, 4 and 6 are hereby rezoned as depicted on the Proposed Zoning Map attached hereto as Exhibit 2. The rezoning shall become effective upon the recordation of the Master Subdivision/Street Vacation Plat, and the Official Zone District Map of the City of Aspen shall be amended by the Community Development Director as follows. (a) Lot 1, Lift One Lodge, shall be depicted as included within the (L) Lodge, zone district with a Planned Unit Development (PUD) Overlay which presently encumbers a portion of proposed Lot 1 shall be removed. (b) Lot 2, Lift One Park, shall be depicted as included within the (PUB) Public, zone district with a Historic (H) Overlay and a Planned Unit Development (PUD) Overlay. (c) Lot 3, Skiers Chalet Steak House, shall be depicted as included within the (NC) Neighborhood Commercial, zone district with a Planned Unit Development (PUD) Overlay. Lot 3 shall also include a Historic H) Overlay to reflect the prior Historic Designation of the Skiers Chalet Steak House building and its relocation thereto. (d) Lot 4, Willoughby Park, shall be depicted as included within the (PUB) Public, zone district with a Planned Unit Development (PUD) Overlay. The Historic (H) Overlay which presently encumbers a portion of proposed Lot 1 shall be removed. (e) Lot 6, Deane Street Condominiums, shall be depicted as included within the (AH) Affordable Housing, zone district with a Planned Unit Development (PUD) Overlay. Ordinance No 34, Series 2008 Page 16 Lift One Neighborhood M aster Plan Section 9: Public Right-of-Wav Vacations The following public right-of--way vacations within the Lifr One Neighborhood shall be and hereby are approved, and the fee simple ownership of the lands underlying such vacated rights-of--way shall be combined with and incorporated into the respective adjacent parcels. Such vacations and resulting ownerships are shown on the Proposed Street and Alley Vacation Map attached hereto as Exhibit 3, shall be depicted and described on the Master Subdivision/Street Vacation Plat, and shall become effective upon the recording of the Master Subdivision/Street Vacation Plat and the Master Development Agreement. (a) That portion of Deane Street located east of Garmisch Street along the northern boundary of the Lodge at Aspen Mountain Project; (b) That portion of Juan Street depicted on Exhibit 3, the Proposed Street and Alley Vacation Map;; (c) That portion of South Aspen Street located south of Juan Street and north of the northern boundary of the Shadow Mountain Condominiums; (d) Those portions of Gilbert Street depicted on Exhibit 3, the Proposed Street and Alley Vacation Map; (e) Hill Street east of South Aspen Street through the Lift One Lodge Project; (f) Summit Street east of South Aspen Street through the Lift One Lodge Project; and (g) The portion of the remaining alley in Block 9, Eames Addition to the City of Aspen, within the Lift One Lodge Project. Section 10: Public Ri¢ht-of--Wav Dedications and Perpetual Easements The Master Subdivision/Street Vacation Plat shall accomplish the following public right-of--way dedications and shall grant the following perpetual easements and encroachment licenses as depicted on the Proposed Subdivision Map attached hereto as Exhibit 4, to wit: (a) A public right-of--way for relocated South Aspen Street; (b) A public pedestrian easement along the vacated portion of Juan Street; (c) A public ski and pedestrian easement within Lot 1, Lift One Lodge Project, within Lot 2, Lift One Park, and within Lot 4, Willoughby Park; (d) An easement granted to the Aspen Skiing Company and/or assigns within Lots 1, 2 and 4 for purposes of constructing, operating and maintaining the surface lift and other associated skiing improvements and operations; Ordinance No 34, Series 2008 Page 17 Lift One Neighborhood M aster Plan (e) A perpetual subsurface easement beneath Lot 2, Lift One Pazk, and Lot 4, Willoughby Park, for the use and benefit of the Lift One Lodge Project and the Lodge at Aspen Mountain Project for purposes of constructing, operating, using, maintaining and accessing parking garages; (~ A perpetual subsurface easement beneath a portion of relocated South Aspen Street for the use and benefit of the Lift One Lodge Project and the Lodge at Aspen Mountain Project for purposes of constructing, operating, using, maintaining and accessing a parking garage; and (g) A perpetual access easement across Lot 1 for the benefit of the Aspen Skiing Company. In addition to the foregoing, the City of Aspen public right-of--way known as Dean Street, a/k/a Deane Street, is hereby officially named and designated Deane Street (with an "e"), and this spelling shall be reflected in the vazious Plats and Agreements recorded pursuant to this Ordinance. Section 11: Aaaroved Uses and Development Proerams 11.1 Lot 1. Lift One Lode. The Lift One Lodge Project is approved as a mixed use membership lodge/whole ownership project consisting of 35 lodge units, 5 free market residential units, the affordable housing components described in Section 16.1 below, a maximum of 9,000 square feet of net leasable commercial space and a total of 250 subgrade pazking spaces. The Project's lodge component will consist ofone-bedroom, two-bedroom, three- bedroom and four-bedroom suites. Each bedroom within the lodge component will be separately keyed as a "lock-off' unit. For Growth Management Quota System purposes, the Project's lodge component will contain a total of 101 bedrooms equaling 101 keys or separately rentable divisions. The Project's commercial component shall consist of a public restaurant, kitchen and bar; and various facilities for the Aspen Skiing Company, including, but not limited to, a ticket sales area, public/employee locker rooms, other skier servicing facilities, etc. The public restaurant, bar and kitchen will contain a maximum of 4,000 squaze feet of net leasable commercial area. The Aspen Skiing Company's facilities will contain a maximum of 5,000 square feet of net leasable commercial azea. The lodge will also include other guest service areas, facilities and ancillary spaces and uses which aze not considered net leasable area for Growth Management Quota System purposes. The Historic Preservation Commission previously granted Conceptual Approval for the relocation of the Skiers Chalet Lodge and the Skiers Chalet Steak House. The Lift One Lodge Project shall require final approval from the Historic Preservation Commission for both relocations, which shall be processed separately from the Master Plan in accordance with the provisions of Chapter 26.415 of the City of Aspen Land Use Code. Ordinance No 34, Series 2008 Page 18 Lift One Neighborhood M aster Plan 11.2 Lot 5, Lodge at Aspen Mountain. The Lodge at Aspen Mountain Project is approved as a mixed use hotel/fractional/whole ownership project consisting of 75 lodge units, 26 fractional ownership units, 5 free mazket residential units, the affordable housing components described in Section 16.2 below, a maximum of 18,000 square feet of net leasable commercial space, and a minimum of 238 subgrade parking spaces. The Project's hotel component will consist of 72 standazd/executive and one- bedroom lodge rooms; 2two-bedroom lodge suites; and one two-bedroom presidential suite for a total of 78 bedrooms. The Project's fractional ownership component will consist of 8three-bedroom units and 18 four-bedroom units containing a total of 96 bedrooms. For Growth Management Quota System purposes, the Project's hotel and fractional ownership components will contain a total of 174 bedrooms and 101 keys or sepazately rentable divisions. No "lock-off' bedrooms are proposed. The whole ownership component will consist of one three-bedroom free market residential unit and 4four-bedroom free mazket residential units. The Project's 18,000 squaze feet of net leasable commercial azea will consist of a spa; the hotel's restaurant and kitchen, rooftop bar, lobby lounge, sundries shop, meeting rooms and ballroom; and a small sales center for the fractional ownership units. The hotel will also include other guest service areas, facilities and ancillary spaces and uses which aze not considered net leasable area for Growth Management Quota System purposes. The Project will be condominiumized in two or more condominium regimes (one covering the Deane Street Condominium affordable housing project on Lot 6), and the fractional ownership units will be sold pursuant to a timeshaze use plan. 11.3 Lot 3, Skiers Chalet Steak House. The Skiers Chalet Steak House is approved as a mixed use commercial/affordable housing building which will contain approximately 1,052 square feet of net leasable commercial space on its ground floor and a total of 5 dormitory affordable housing rooms on its second and third floors. An outdoor seating area will be provided adjacent to the building. The commercial space's net leasable area shall be identified in the Lift One Lodge Final PUD Development Plan and individual Subdivision/PUD Agreement. The Lift One Lodge Subdivision/PUD Agreement shall also include a list of permitted uses for the commercial space, which list shall be derived from those uses permitted within the (NC), Neighborhood Commercial, zone district. 11.4 Lot 4, Willoughby Park. Approval is granted for the relocation of the Skiers Chalet Lodge to Willoughby Pazk as depicted in the Decision Packet, and the use of the building for community purposes including, but not limited to, a historical museum, affordable housing, and/or affordable commercial space. The building's use shall be addressed in the Lift One Lodge Subdivision/PUD Agreement to be recorded concurrently with the Lift One Lodge Final PUD Development Plan. Ordinance No 34, Series 2008 Page 19 Lift One Neighborhood M aster Plan 11.5 Lot 6. Deane Street Condominiums. Lot 6 is approved for the development of a 15 unit affordable housing project. The Deane Street Condominiums Affordable Housing Project will consist of 7 studio units, 4one-bedroom units, 2 two- bedroom units, and 2three-bedroom units. 11.6 Lift lA Base Area Develonment Envelope. The Lift lA Base Area Development Envelope is approved for the uses, activities and improvements necessary, ancillazy and incidental to the development, function, operation and maintenance of winter and summer recreation and a ski area base, including, but not limited to the following: (a) Skiing, snowboazding, and other winter and summer recreational sports and activities; (b) Ski and snow sports racing, competitions, demonstrations, other special events, including supporting activities, facilities, improvements and infrastructure; (c) Ski lifts and mechanized uphill transportation, including all related improvements and equipment, such as lift terminals, towers, platforms, supporting or retaining walls and foundations, stairs, elevators, plaza spaces, lift mazing, housings, roofs, and similar structures, operator houses or lift shacks and storage; (d) Ticketing sales and all necessary and incidental commercial skier services functions, facilities and equipment, including, but not limited to ski and equipment rental, lockers, public restrooms, offices, ski school facilities, emergency medical care, and related activities and uses; (e) Making, clearing, removing, sculpting, grooming and maintaining snow and snow surfaces, together with all the infrastructure, deep and shallow utilities, and equipment and machinery necessazy for performing the same, whether fixed or mobile; (f) Motorized vehicle access and use, including snow grooming equipment as described above, as well as snowmobiles, emergency vehicles, wheeled vehicles, service and support trucks and other vehicles routinely used in the conduct and performance of mountain recreation, operations, services, construction, supply, events and the permitted uses described herein; (g) Operational, commercial, interpretive, and informational signage reasonably necessary and/or incidental to the performance of other activities and functions described herein; (h) Any and all customazy activities, equipment, housings, structures, and functions which may be necessary, appropriate, ancillary and/or incidental to the full use, practice and enjoyment of skiing and other recreational sports and activities, mechanized uphill transportation, and related business purposes and activities; and Ordinance No 34, Series 2008 Page 20 Lift One Neighborhood M aster Plan (i) Installation, staging, construction, maintenance, alteration, repair, operation, servicing, and replacement of all of improvements, structures, materials, landscaping and/or equipment described or contemplated herein. Section 12: Aaaroved Dimensional Requirements 12.1 Lot 1, Lift One Lode. The following dimensional requirements are approved for Lot 1 and shall be reflected in the Final PUD Development Plan for the Lift One Lodge Project. (a) Minimum Lot Size (b) Minimum Lot Width (c) Minimum Front Yard Setback (d) Minimum Side Yard Setback (e) Minimum Reaz Yard Setback (f) Maximum Building Height (g) Minimum Distance Between Buildings (h) Maximum Allowable Floor Area (i) Minimum Off-Street Pazking Spaces Per Final PUD Development Plan Per Final PUD Development Plan 5' 0' 5' Varies, 55.5 ft. at highest point Per Final PUD Development Plan 135,000 sq. ft. 250 12.2 Lot 5. Lodge at Asnen Mountain. The following dimensional requirements are approved for Lot 5 and shall be reflected in the Final PUD Development Plan for the Lodge at Aspen Mountain Project. (a) Minimum Lot Size (b) Minimum Lot Width (c) Minimum Front Yard Setback (d) Minimum Side Yard Setback (e) Minimum Rear Yard Setback (f) Maximum Building Height (g) Minimum Distance Between Buildings (h) Maximum Allowable Floor Area (i) Minimum Off-Street Parking Spaces Per Final PUD Development Plan Per Final PUD Development Plan 5' 5' 5' Varies, 59.5 ft. at highest point Per Final PUD Development Plan 191,000 sq. ft. 238 12.3 Lot 3. Skiers Chalet Steak House. The following dimensional requirements are approved for Lot 3 and shall be reflected in the Final PUD Development Plan for the Lift One Lodge Project. (a) Minimum Lot Size (b) Minimum Lot Width (c) Minimum Front Yard Setback (d) Minimum Side Yard Setback (e) Minimum Rear Yard Setback Per Final PUD Development Plan Per Final PUD Development Plan S 5' 0' Ordinance No 34, Series 2008 Lift One Neighborhood M aster Plan Page 21 (~ Maximum Building Height (g) Minimum Distance Between Buildings (h) Maximum Allowable Floor Area (i) Minimum Off-Street Parking Spaces 34' Per Final PUD Development Plan 4,000 12.4 Lot 4, Willouehbv Park. The following dimensional requirements are approved for Lot 4 and shall be reflected in the Final PUD Development Plan for the Lift One Lodge Project. (a) Minimum Lot Size Per Final PUD Development Plan (b) Minimum Lot Width Per Final PUD Development Plan (c) Minimum Front Yard Setback 40' (d) Minimum Side Yard Setback 10' (e) Minimum Rear Yard Setback 10' (f) Maximum Building Height 32' (g) Minimum Distance Between Buildings Per Final PUD Development Plan (h) Maximum Allowable Floor Area 6,000 sq. ft. (i) Minimum Off-Street Parking Spaces 0 12.5 Lot 6, Deane Street Condominiums. The following dimensional requirements are approved for Lot 6 and shall be reflected in the Final PUD Development Plan for the Lodge at Aspen Mountain Project. (a) Minimum Lot Size Per Final PUD Development Plan (b) Minimum Lot Width Per Final PUD Development Plan (c) Minimum Front Yard Setback 0' (d) Minimum Side Yard Setback Y (e) Minimum Rear Yazd Setback 5' (f) Maximum Building Height 35' (g) Minimum Distance Between Buildings Per Final PUD Development Plan (h) Maximum Allowable Floor Area 13,000 sq. ft. (i) Minimum Off=Street Parking Spaces 0 12.6 Height and Floor Area Measurements. (a) Height, building. The height of a building shall be the maximum distance possible measured vertically from interpolated natural grade, to be recorded in the Master Subdivision/Street Vacation Plat, to the highest point or structure within a vertical plane. Architectural and mechanical appurtenances including but not limited to antennas, chimneys, flues, vents, trellises, flag poles or similar structures shall not extend over ten (10) feet above the specified maximum height limit. Ordinance No 34, Series 2008 Page 22 Lift One Neighborhood M aster Plan (b) Floor area. For the purposes of calculating the maximum allowable floor area, there shall be included that floor azea within the surrounding exterior walls as measured from the outside face of structural sheathing. The calculation of the floor azea of a building or a portion thereof shall not include decks, balconies, exterior stairways, gazebos, porches, landscape terraces and similar features. For any story that is partially above and partially below interpolated natural grade, as recorded in the Master Subdivision/Streetvacation Plat, only the floor area above the point at which interpolated natural grade crosses the subfloor elevation of that story shall be counted towards floor area. Section 13: Reconstruction Credits The following reconstruction credits have been verified by the City of Aspen and shall be credited against the Growth Management Quota System allotment requirements of the Lift One Lodge Project and the Lodge at Aspen Mountain Project. 13.1 Lift One Lodge Project (a) A total of 38 lodging reconstruction credits consisting of 201odge units in the former Holland House Lodge; l O lodge units in the former Skiers Chalet Lodge; and 8 lodge units in the former Skiers Chalet Steak House shall be credited against the Lift One Lodge Project's lodging GMQS allotment requirement. The 38 reconstruction credits shall equate to 76 lodging pillow for allotment purposes. (b) One free mazket residential reconstruction credit located in the former Holland House Lodge shall be credited against the Lift One Lodge Project's free market residential GMQS allotment requirement. (c) A commercial reconstruction credit of 3,374 squaze feet of net leasable azea consisting of 2,429 square feet in the Skiers Chalet Steak House and 945 squaze feet in the Lift lA base structure shall be credited against the Lift One Lodge Project's commercial GMQS allotment requirement. 13.2 Lodge at Aspen Mountain Proiect A total of 19 free market residential reconstruction credits consisting of one single-family dwelling unit, and two duplex units and 16multi-family dwelling units located in the former Mine Dumps Apartments, shall be credited against the Lodge at Aspen Mountain Project's and the Lift One Lodge Project's free mazket residential GMQS allotment requirements. Section 14: Growth Management Quota Svstem Allotments The following Growth Management Quota System allotments are hereby granted to the Lodge at Aspen Mountain Project and the Lift One Lodge Project. Ordinance No 34, Series 2008 Page 23 Lift One Neighborhood M aster Plan Develo ment T e Allotment for Lod eat As en Mountain Residential-Free Market 0 Units (5 Reconstruction Credits) Commercial 18,000 Net Leasable S uaze Feet Residential-Affordable Housing 15 Dormitory Rooms Lodgin 348 Pillows Develo ment T e Allotment or Li t One Lod e Residential-Free Market 0 Units (5 Reconstruction Credits) Commercial 9,000 Net Leasable Square Feet Residential-Affordable Housing 23 Units Lodging 126 Pillows Develo ment T e Allotment for Skiers Chalet Steakhouse Commercial 1,052 Net Leasable Square Feet Residential-Affordable Housing 5 Dormitory Rooms Develo ment T e Allotment for Ski Museum Essential Public Facility Exem t (9,000 Gross Squaze Feet) Development Type Allotment for Deane Street Affordable Housin Residential-Affordable Housing 15 Units The Growth Management Quota System allotments granted pursuant to this Ordinance shall expire on the day after the fifteenth anniversary of the effective date of the Development Order issued by the Community Development Director described in Section 3(d) above. Section 15: Growth Manaeement Ouota Svstem Accountin¢ The Lodging and Commercial Growth Management Quota System allotments granted in Section 14 above constitute multi-yeaz development allotments as provided for in Section 26.470.090.1. of the Land Use Code. Pursuant to Section 26.470.090.1.c, the Community Development Director is hereby directed to reduce the Annual Allotment, as provided in Section 26.470.030.D, in future years to accommodate the Lift One Neighborhood Master Plan as follows. Development Typical Lift One 2009 2010 2011 Type Annual Neighborhood GMQS GMQS GMQS Allotment Master Plan Yeaz Year Yeaz Lodging 112 pillows 474 pillows Ordinance No 34, Series 2008 Page 24 Lift One Neighborhood M aster Plan Section 16: Affordable Housine Requirements 16.1 Lot 1, Lift Oue Lode. The Lift One Lodge Project will generate 53.5 employees. The Project has committed to provide affordable housing mitigation for 40 employees or 75 percent of the employees generated. The Project's employee generation and mitigation commitments are as follows. (a) Lodge Bedrooms. The development of lodge units within the L, Lodge, zone district generates 0.5 employees per bedroom. The Lift One Lodge Project contains 101 lodge bedrooms and has a lodge GMQS reconstruction credit of 38 bedrooms. The Project's 63 net new lodge bedrooms, therefore, will generate 31.5 employees. (b) Main-Level Commercial Space. Commercial space on the main level of a building in the L, Lodge, zone district generates 4.1 employees per 1,000 square feet of net leasable space. The Lifr One Lodge Project contains approximately 3,600 square feet of net leasable area on the main level and has a commercial GMQS reconstruction credit of 3,374 square feet. The Project's main-level net new commercial space, therefore, will generate approximately 1.0 employees. (c) Basement/Upper Level Commercial Space. Commercial space on the basement and upper levels of a building in the L, Lodge, zone district generates 3.075 employees per 1,000 squaze feet of net leasable space. The Lift One Lodge Project contains approximately 5,400 square feet of net leasable area on the basement and upper levels. The Project's commercial component on these levels, therefore, will generate approximately 16.5 employees. (d) Lot 3, Skiers Chalet Steak House Commercial Space. The Skiers Chalet Steak House will contain approximately 1,052 of commercial net leasable space on its main level. Commercial space on the main level of a building in the NC, Neighborhood Commercial, zone district generates 4.1 employees per 1,000 square feet of net leasable space. The Skiers Chalet Steak House's commercial space, therefore, will generate approximately 4.5 employees. (e) Total Employees GeneratedlMitigation Requirement (i) Lodge Bedrooms 31.5 Employees (ii) Main-Level Commercial Space 1.0 Employees (iii) Basement-Level Commercial Space 16.5 Employees (iv) Skiers Chalet Steak House Commercial Space 4.5 Employees (v) Total Employees Generated 53.5 Employees (vi) Required Mitigation @ 75 Percent 40 Employees Ordinance No 34, Series 2008 Page 25 Lift One Neighborhood M aster Plan (f) Affordable Housing Mitigation. The Lift One Lodge Project's affordable housing mitigation shall be met as follows. (i) On-Site Rental Unfits. The Lift One Lodge Project shall provide 20 studio units and 3two-bedroom units on Lot 1 within the Lift One Lodge and 5 dormitory rooms on Lot 3 within the Skiers Chalet Steak House building. These units will house a total of 38.75 employees. The Lift One Lodge Project shall provide housing for no less than 21 employees in a configuration of studio units and two-bedroom units on Lot 1 within Lift One Lodge and dormitory rooms on Lot 3 within Skiers Chalet Steak House building. The configuration of the dormitory shall be set forth in the Final PUD Development Plan for the Project. The units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 3 income and occupancy guidelines for rental units in effect at the time of recording of a Condominium Map for the Project. The deed restriction will provide that whenever an affordable housing unit becomes available for rental, the unit owner shall have a period of thirty (30) days from the date of termination of the prior tenancy to rent the unit to a person employed within the Project, provided that such person is otherwise qualified under the current APCHA Guidelines. If no such qualified Project employee has signed a lease agreement on the unit within said thirty (30) day period, APCHA shall have the right to select a qualified tenant for the unit. No Final Certificate of Occupancy shall be issued for the Project until the deed restriction for the affordable housing units has been executed and recorded. Unless a different arrangement is worked out with the City Attorney, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction the owner of the affordable housing units will convey aone-tenth of one percent interest in the affordable housing units to APCHA, subject to such terms and conditions as the owner and the City may mutually agree upon. (ii) Lift One Lodge/City of Aspen Partnership. The Lift One Lodge shall financially contribute to a City of Aspen affordable housing project in an amount necessary to house the balance of the 75% required mitigation not housed on Lot 1 and Lot 3 as delineated in (f)(i) above. It is anticipated that this will be the Burlingame Ranch affordable housing project, but a different City affordable housing project may be substituted in whole or in part, by mutual agreement of the parties. The Lift One Lodge Project and the City of Aspen shall enter into a Housing Agreement whereby the Project agrees to contribute to the City the dollar amount calculated to be required to build the number of units needed to house the number of employees calculated herein. Based on a cooperative analysis performed by the City and the developer, the Burlingame Ranch subsidy shall be $130,000.00 per employee. The Housing Agreement shall be attached as an Exhibit to the Lift One Lodge Project individual Subdivision/PUD Agreement. The affordable housing units developed with this financial contribution shall be sold or rented, at the City's election, at a sale or rental rate determined by the City Ordinance No 34, Series 2008 Page 26 Lift One Neighborhood M aster Plan in accordance with applicable APCHA Guidelines, and shall not be owned or controlled in any manner by the Lift One Lodge Project. (g) Total Employees Housed/Lift One Lodge. (i) Lots 1 and 3, On-Site Rental Units 21 Employees (ii) Partnership Units 19 Employees (iii) Total Employees Housed 40 Employees 16.2 Lot 5, Lodge at Aspen Mountain. The Lodge at Aspen Mountain Project will generate 166 employees. The Project has committed to provide affordable housing mitigation for 125 employees or 75 percent of the employees generated. The Project's employee generation and mitigation commitments aze as follows: (a) Demolition of the Mine Dumps Apartments. The pre-existing, prior to demolition, Mine Dumps Apartments consisted of 16multi-family units, 23 bedrooms, and 7,722 square feet of net livable area. Demolition of these units resulted in a replacement requirement of 8 units, 12 bedrooms and 3,861 squaze feet of net livable azea. These units, bedrooms and net livable area must be provided on Lot 5 to satisfy the replacement requirement. The replacement requirement equates to housing for 15 employees. (b) Lodge/Fractional Ownership Bedrooms. The development of lodge and fractional ownership units in the L, Lodge, zone district generates 0.5 employees per bedroom. The Lodge at Aspen Mountain Project contains 1741odge/fractional bedrooms. The lodge and fractional ownership components of the Project, therefore, generate 87 employees. (c) Main-Level Commercial Space. Commercial space on the main level of a building in the L, Lodge, zone district generates 4.1 employees per 1,000 square feet of net leasable area. The Lodge at Aspen Mountain Project contains approximately 10,800 net leasable square feet on the main level generating approximately 44.5 employees. (d) Basement-Level Commercial Space. Commercial space on the basement level of a building in the L, Lodge, zone district generates 3.075 employees per 1,000 square feet of net leasable area. The Lodge at Aspen Mountain Project contains approximately 7,200 net leasable square feet on the basement level generating approximately 22 employees. (e) Total Employees Generated/Mitigation Requirement: (i) Mine Dumps Replacement 15 Employees (ii) Lodge/Fractional Ownership Bedrooms 87 Employees (iii) Main-Level Commercial Space 44.5 Employees Ordinance No 34, Series 2008 Page 27 Lift One Neighborhood M aster Plan (iv) Basement-Level Commercial Space (v) Total Employees Generated (vi) Required Mitigation @ 75 Percent 22 Employees 168.5 Employees 126.5 Employees (f) Affordable Housing Mitigation. The Lodge at Aspen Mountain Project's affordable housing mitigation requirement shall be met as follows. (i) On-Site Rental Units. The Lodge at Aspen Mountain Project shall contain 15 dormitory affordable housing units on Lot 5. Each dorm unit will house two employees for a total of 30 employees housed. The configuration of the dormitory shall be set forth in the Final PUD Development Plan for the Project. These affordable housing units will satisfy the Project's replacement affordable housing requirement described in Section 16.2(a) above. The units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 3 income and occupancy guidelines for rental units in effect at the time of recording of a Condominium Map for the Project. The deed restriction will provide that whenever an affordable housing unit becomes available for rental, the unit owner shall have a period of thirty (30) days from the date of termination of the prior tenancy to rent the unit to a person employed within the Project, provided that such person is otherwise qualified under the current APCHA Guidelines. If no such qualified Project employee has signed a lease agreement on the unit within said thirty (30) day period, APCHA shall have the right to select a qualified tenant for the unit. No Final Certificate of Occupancy shall be issued for the Project until the deed restriction for the affordable housing units has been executed and recorded. Unless a different arrangement is worked out with the City Attorney, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction the owner of the affordable housing units will convey aone-tenth of one percent interest in the affordable housing units to APCHA, subject to such terms and conditions as the owner and the City may mutually agree upon. (ii) On-Site Sale Units. The Lodge at Aspen Mountain Project shall provide 7 studio, 4one-bedroom, 2two-bedroom and 2three-bedroom affordable housing units on Lot 6, to be known as the Deane Street Condominiums. These units will house a total of 26.25 employees. The unit mix and minimum sizes shall be set forth in the Final PUD Development Plan for the Project. These affordable housing units will be deed restricted to the APCHA Category 3 income and occupancy guidelines for sale units in effect at the time of recording of a Condominium Map for the Deane Street Condominiums. No Final Certificate of Occupancy shall be issued for the Lodge at Aspen Mountain Project until the deed restriction for these affordable housing units has been executed and recorded. Ordinance No 34, Series 2008 Page 28 Lift One Neighborhood M aster Plan (iii) Off-Site Sale Units It is anticipated that 27 employees will be housed in Units I-Q of the Pacific Avenue Condominiums, which are to be constructed at the Aspen Airport Business Center pursuant to BOCC Resolution No. 135-2004 recorded October 29, 2004 as Reception No. 503623. The Lodge at Aspen Mountain shall retain the right to select the first purchaser of each of these affordable housing units, provided only that such purchaser is qualified by the APCHA to be a purchaser under the applicable APCHA Guidelines. No Final Certificate of Occupancy shall be issued for the Lodge at Aspen Mountain Project until the deed restriction for these affordable housing units has been executed and recorded. (iv) Lodge at Aspen Mountain/City of Aspen Partnership. The Lodge at Aspen Mountain Project shall financially contribute to a City of Aspen affordable housing project in an amount necessary to house the balance of the 75% required mitigation not housed pursuant to (i), (ii) and (iii) above. It is anticipated that this will be the Burlingame Ranch affordable housing project, but a different City affordable housing project may be substituted in whole or in part, by mutual agreement of the parties. The Lodge at Aspen Mountain Project and the City of Aspen shall enter into a Housing Agreement whereby the Project agrees to contribute to the City the dollar amount calculated to be required to build the number of units needed to house the number of employees calculated herein. Based on a cooperative analysis performed by the City and the developer, the Burlingame Ranch subsidy shall be $130,000.00 per employee. The Housing Agreement shall be attached as an Exhibit to the Lodge at Aspen Mountain Project individual Subdivision/PUD Agreement. The affordable housing units developed with this financial contribution shall be sold or rented, at the City's election, at a sale or rental rate determined by the City in accordance with applicable APCHA Guidelines, and shall not be owned or controlled in any manner by the Lodge at Aspen Mountain Project. (v) Mine Dumps Tenants. The tenants in the Mine Dumps Apartments at the time of demolition thereof shall be provided a right of first refusal to purchase an affordable housing unit in the Deane Street Condominiums. Such buyers shall meet the qualification requirements of the APCHA. (g) Total Employees Housed/Lodge at Aspen Mountain (i) On-Site Rental Units 30 Employees (ii) On-Site Sale Units 26.25 Employees (iii) Off-Site Sale Units 27 Employees (iv) Partnership Units 43.25 Employees (v) Total Employees Housed 126.5 Employees Ordinance No 34, Series 2008 Page 29 Lift One Neighborhood M aster Plan Section 17: Parlcine Saaces and Parkin¢ Gara¢e The Lift One Lodge Project and Lodge at Aspen Mountain Project parking garage shall be considered an approved commercial pazking facility. Minimum pazking spaces to serve each Project are identified in Section 12 above. Allocated spaces shall be identified on the individual Subdivision/PUD Agreements (or the Final PUD Development Plans attached thereto) required under Section 7 above. Allocated spaces shall not be sold or leased separate from the portion of a Project to which they are allocated. Unallocated spaces may be leased by the owners thereof on a daily or longer- term basis, or may be sold to third parties. The parking spaces in the parking garage shall be used for parking vehicles and accessory storage (such as ski storage at the head of a parking space), and shall not be principally used for storage, trash containers, mechanical equipment, or other non- automobile related purposes. Section 18: Buildin¢ Permit Auplication The building permit application for each of the Lift One Lodge Project, the Lodge at Aspen Mountain Project, and the Lift lA Base Area Project, respectively, shall include the following: (a) A copy of this final City Council Ordinance, as recorded, and a letter from the primary contractor stating that the Ordinance has been read and understood. (b) The conditions of approval printed on the cover page of the building permit set. (c) A completed tap permit for service from the Aspen Consolidated Sanitation District. (d) Evidence that a tree removal permit has been attained pursuant to the requirements of the City Parks Department. The tree removal permit shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. (e) A drainage plan including an erosion control plan and snow storage runoff plan prepared by aColorado-licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. (f) A final construction site management plan and parking plan pursuant to the requirements set forth in Section 19 below. (g) An excavation/stabilizationplan prepared by a licensed Engineer. Ordinance No 34, Series 2008 Page 30 Lift One Neighborhood M aster Plan (h) A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The Project developer shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Section 19: Construction Management Plan At the time that each of the Lift One Lodge Project and the Lodge at Aspen Mountain Project submits a proposed individual Subdivision/PUD Agreement to the City for review, and at the time the Lift lA Base Area Project submits a building permit application to the Building Department for review, the Project developer shall also prepaze and submit a Construction Site Management Plan and Parking Plan (the "CMP") to the City for consideration. The CMP shall be reviewed by the City's Construction Management Officer and the City Engineer, and shall be consistent with the City's revised CMP Requirements Manual of June, 2007, as it may be amended from time to time. The final CMP shall be attached as an Exhibit to the Project's Final PUD Development Plan, or in the case of the Lift lA Base Area Project, to its Building Permit. Any further regulations regarding construction management that may be adopted by the City of Aspen prior to application For a building permit for a Project shall be applicable. A temporary encroachment license is required for use of City right of way for construction purposes. A Project developer shall not be allowed to close South Aspen Street during construction except for relocation and reconstruction of the street and the construction of subgrade improvements beneath the street. Street closure of South Aspen Street concurrent with significant public events like World Cup shall be avoided. Throughout the construction process, access will be maintained to Lift lA and Shadow Mountain Condos. A Project developer shall provide phone contact information for the on-site project management to neighboring properties, and shall post such information on a sign at the construction site in full public view so that concerns about the development may be made directly to construction management personnel. Section 20: Aanroval for Temporary Use of Willoughbv Park and Lift One Park The City Council hereby approves the temporary use of Willoughby Park and Lift One Pazk for construction-related purposes in connection with both the Lift One Lodge Project and the Lodge at Aspen Mountain Project, respectively, provided that the details and conditions of any such uses shall be described in the CMP for each Project pursuant to Section 19 above and shall be coordinated with the City Parks Department. Ordinance No 34, Series 2008 Page 31 Lift One Neighborhood M aster Plan Section 21: Pre-Submittal Meetin A Project developer shall an•ange with the Community Development case planner to conduct apre-submission meeting with the City Community Development Staff prior to submittal of a building permit application. This meeting shall include the developer, the general contractor, the architect of the construction drawings, the project planner, the Community Development Engineer, a representative of the City Building Department, the City Construction Management Officer, and the Community Development Department's case planner. Section 22: Juan Street Pedestrian and Emer¢encv Vehicle Easement The Juan Street Pedestrian and Emergency Vehicle Easement, as depicted on the Proposed Subdivision Map attached hereto as Exhibit 4, shall be established as a perpetual easement on the Master Subdivision/Street Vacation Plat pursuant to Section 4 above. The bridge over Juan Street connecting components of the Lodge at Aspen Mountain Project shall be at least sixteen and a half feet above Juan Street to allow for the passage of emergency vehicles under the structure. Section 23: Impact and Other Proiect Fees The Lift One Project, the Lodge at Aspen Mountain Project, and theLift IA Base Area Project respectively, shall be responsible for payment of impact, permit, timeshare mitigation and other project fees to be defined in the Master Development Agreement. Section 24: Fundine of Realacement of Lift lA 24.1 Lodge at Aspen Mountain Proiect. Pursuant to an agreement with the Aspen Skiing Company, in the event the developer proceeds with the construction of the Lodge at Aspen Mountain Project, the developer shall provide Four Million Dollars ($4,000,000) to the Aspen Skiing Company towards the cost of replacing Lift lA with a new high-speed lifr. Such commitment is hereby incorporated into this Ordinance as a condition to City Council approval. If the new lift is not yet operational when the Lodge at Aspen Mountain Project is ready for occupancy, in order to be granted a right of occupancy by the City the developer shall provide to the City and to the Aspen Skiing Company, as co-beneficiaries, a Letter of Credit or Performance Bond in the amount of $4,000,000 (less any portion thereof already advanced by the developer to the Aspen Skiing Company), in a form satisfactory to the City Attorney, as collateral security for developer's performance of this condition. 24.2 Lift One Lodge Proiect. In the event the Lodge at Aspen Mountain Project does not proceed, the Lift One Lodge Project and the Aspen Skiing Company have agreed to share the cost of replacing Lifr lA with a new high speed lift. If the new lift is not operational when the Lifr One Lodge Project is ready for occupancy, in order to be granted a right of occupancy by the City the developer of the Lifr One Lodge Project and the Aspen Skiing Company shall together provide to the City a Letter of Credit or Performance Bond in the amount required to complete the installation of the new lift, as calculated by the Aspen Skiing Company and reviewed and Ordinance No 34, Series 2008 Page 32 Lift One Neighborhood M aster Plan approved by the City, in a form satisfactory to the City Attorney, as collateral security for the completion of the new lift. Section 25: Environmental Initiatives The Lodge at Aspen Mountain Project and the Lift One Lodge Project have each committed to the following energy goals for their respective Projects. Such goals aze hereby included as conditions of approval. (a) Fifty percent (50%) less fossil fuel consumption in the Project's buildings compared to the Ashrae 90.1 baseline; (b) LEED Silver or Gold Certification when the Project becomes operational; and, (c) Post-occupancy "true-up" through off-sets, operating improvements, or capital improvements. The details of the energy conservation program shall be set forth in the individual Subdivision/PUD Agreement for each Project. Section 26: condominiumization condominiumization of (a) the Lift One Lodge Project; (b) the Lodge at Aspen Mountain Project, and (c) the Deane Street Condominium Project, respectively, are hereby approved by the City of Aspen. Upon substantial completion of construction of each Project, the developer shall submit a Condominium Map of the Project to the Community Development Director for review and approval. During the period of vested rights described in Section 3(c) above, the Condominium Maps shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on the date of final adoption of this Ordinance. Following expiration of said vesting period, the Condominium Maps shall be reviewed under the then-current condominiumization requirements of the Land Use Regulations. The condominiumization of each Project shall be accomplished prior to the closing of the sale of any unit or fractional interest in the Project. With regard to the Deane Street Condominiums, the Condominium Declaration and the HOA Articles and Bylaws shall be reviewed and approved by the Aspen/Pitkin County Housing Authority before the affordable housing deed restriction is recorded on the property. The Condominium Declaration and HOA documents shall be consistent with the provisions of the Colorado Common Interest Ownership Act. Section 27: Vacation of Townhome Aanrovals; Further Vested Rights Extension. The developer of the Lodge at Aspen Mountain Project has represented to the City that the approvals previously granted by Ordinance No. 32 (Series of 2003) for the development of 14 free mazket townhomes and 17 affordable housing units on the Project Ordinance No 34, Series 2008 Page 33 Lift One Neighborhood M aster Plan site, together with all vested rights extensions associated therewith (the "townhome approvals"), shall be deemed fully and forever vacated, terminated and of no further force or effect upon the execution and recording of the Master Subdivision/Street Vacation Plat described in Section 4 above. The Project developer and the City shall cooperate in the execution and recording of such instruments as may be ncessay or appropriate to accomplish the vacation and/or termination of said townhome approvals. The foregoing commitments by developer aze incorporated herein as a condition to the City Council's approval of this Ordinance. The vested rights period associated with the townhome approvals presently expires on July 28, 2009. In light of the complexity of the several developments approved by this Ordinance and the two (2) year time period established in the Ordinance for the recording of the Master Subdivision/Street Vacation Plat, said vested rights period is hereby further extended by the City Council for a period of two (2) additional years, to expire on July 28, 2011. Section 28: Master Plan Amendments The entire Lift One Neighborhood Master Plan shall remain active as a COWOP land use review subject to the provisions of Land Use Code Section 26.500, Development Reasonably Necessary for the Convenience and Welfare of the Public, and the procedures therein and as established pursuant to City Council Resolution No. 13 (Series of 2008) and Resolution No. 80 (Series of 2008), for the entire vested rights period set forth in Section 3(c) above or as otherwise extended by the Aspen City Council. The purpose of the COWOP land use review remaining open is to allow for the consideration and enactment of potential amendments to the Master Plan, some of which could be substantive and require City Council approval. Amendments may be processed at any time and from time to time by any one or more of the developers of the Lift One Lodge Project, the Lodge at Aspen Mountain Project, and the Lift lA Base Area Project. Amendments which are not materially inconsistent with a representation or condition of approval and which are substantially consistent with the goals of the Lift One Neighborhood Master Plan and the use, character, intensity, traffic generation, employee generation, circulation patterns, and public amenities of the Master Plan development as approved in this Ordinance by the City Council, may be approved by the Community Development Director. By way of example and not of limitation, the types of amendments to the Master Plan approval which may be approved by the Community Development Director may include insubstantial changes to the site plan, azchitectural materials, fenestration, character, projections, floor area, gross floor area, net leasable commercial area, unit counts and configuration, interior partitioning and circulation, parking ratios and layout, insubstantial height modifications, location and vertical projections for mechanical equipment or elevator overruns, the location and design of pedestrian amenity space, and the conversion of free market residential units to fractional ownership units and the conversion of fractional ownership units to lodge units. The Community Development Director may choose to refer all or part of an amendment Ordinance No 34, Series 2008 Page 34 Lift One Neighborhood M aster Plan request to the City Council. The Director's decision shall be considered the final administrative action on the matter. An amendment not considered insubstantial by the Community Development Director shall be reviewed as a substantive amendment. An applicant may appeal a decision by the Community Development Director to the City Council, which appeal shall be processed as a substantive amendment, as outlined below. Substantive amendments shall be reviewed and approved by the City Council. Substantive amendments shall be those which represent a fundamental change to the use, character, intensity, traffic generation, employee generation, circulation patterns, or public amenities of the Master Plan development. The review shall be at a public hearing and shall require adoption of an Ordinance. The City Council shall use the same Land Use Code criteria as used for the initial City Council approval of this within Ordinance, unless certain criteria have no bearing on the specific amendment request. At the discretion of the City Council, a COWOP Task Force Team may be convened or reconvened to consider substantive amendments and to provide advice and guidance to City Council pursuant to Section 26.SOO.OSO.D of the Land Use Code. Amendments to the Master Plan after the expiration of the vested rights period and any extensions thereof that may be enacted shall be reviewed in accordance with the standards and procedures set forth in the City of Aspen Land Use Code then in effect that govern amendments to a Planned Unit Development. Section 29: Material Representations Preserved All material representations and commitments made by the Lift One Project, the Lodge at Aspen Mountain Project, and/or the Lift lA Base Area Project, respectively, in connection with the Master Plan development approvals as herein awazded, whether in public hearing or documentation presented before the Lift One Neighborhood Task Force or the Aspen City Council, are hereby incorporated in such development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 30: Existin¢ Liti¢ation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 31: Separability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 34, Series 2008 Page 35 Lift One Neighborhood M aster Plan Section 32: Public Hearine A public hearing on this Ordinance was held on 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 2008. Michael C. Ireland, Mayor Attest: ,~ Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Attachments: 1 -Adjusted Master Plan Boundary 2 -Proposed Zoning Map 3 -Public Rights-of--Way Vacations & Dedications 4 -Proposed Subdivision Map 5 -Legal Descriptions Ordinance No 34, Series 2008 Page 36 Lift One Neighborhood M aster Plan 1 Exhibit 1 -Adjusted Monamn56eet /._) ~ Master Plan I, _ _ ~•/• ~`~~ ~ Boundary ~ ~' ~ ~,~,,6,,n l '-I ~ ~'""~ ~! L.T ~~ - - ioundsry i ~ I ~ soao ~ . ~ ~ ~ _ _ _ i ~ ~~ _ J L 1 J ~ Oraen~ine ~, ~ sow ~.~ Swat _. _lr______ ..~ ,_,_,l Y ;~ ; ~ ~~ I >s ~ ~, ~ . ~ . t'' J l aeoan cra Limib ~ ~. , I i ~ armscn s=reK ., / I Exhibit 2 - Proposed Zoning l r P Ma PUB (N) (PUD) ~~ • / I vwlN.e unrc J ~ UaWOpnrnl O..ly / a ~r.r 1 C PUB (PUD) a I ~ mn..nan Public. Pgnmtl UPR j L _ . _ ~ ~- - - , P .J -~ ' l ~ , ~ J ~ I ~.~yyy NC (H) (PUD) ~ L (PUD) I / r NaV~EVnmd Cm,n.rc~Y, luaP. PYMNA Unu /// • Nb102 ~MY~%innN a ~ Dwebpn.n ONW/ un~i oa.akvmrn venal I I ~ AH(PUD) a ~•~•~•~ arto,e.ni. ~k,IWw ^ ~ I PlannM VMt ~ 1 Ga.lap+a.l Mb ^ ~ . I / / I Lill floe NaynEMlooE Masbr Plan FOSS ~ .. - .>. r.ai'~,,. 2 Ordinance No 34, Series 2008 Page 37 Lift One Neighborhood M aster Plan Exhibit 3 -Public Right-of-Way vacations and Dedi at'ons Map Exhibit 4- Proposed Subdivision Map ,, I HIII e GiIMrt I' esoe~~ - J Sbeet ~' 11 e loco sheet -~ ! Semei I Drn Sbaet-~ e r - -' neeioon e ._.~•J ~ r ~'~ ~•~ ~mmtt Street ~~ '/ Pt e~ e ~~ ~~ ----°r / -.~, J _.( /~ ~~ J ~ ~ / IiR ale w I ~IUOC MnY Flr pet:. ~ g. - - .=.... ;.,^~3 I r ., ~' ~ .~ I i .e ~ ~~.. ~ i.,,, ~a Z.•••.., '~ '' -' ~ -=. e .... ...~'~ ~ 1 ~ 1_ ~ Puhlx SRi enW J ~ e r1•Ptlaetrian ~ lM 3 PeEUQ1en =~ 1 =mm~1 I -s ~~'~- e 3 lat5 -, ~ ~~ .~.J ~ r..,..... ~ I r=~,-~J 1 ~ / I ~ I LHI or wgr~wr Rlubr Flr Ordinance No 34, Series 2008 Page 38 Lift One Neighborhood M aster Plan Exhibit 5 -Legal Descriptions A. Property of Aspen Land Fund II, LLC South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded Apri127, 2007 with the Pitkin County Clerk and recorder as reception number 537080 in Book 83, Page 50. B. Property of Aspen Skiing Company 1. Land Under Contract with Roaring Fork Mountain Lodge -Aspen, LLC which is included in the Lift One Lodge Application: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Block 10, and Lots 1, 2, 3, 4, 5, 6 and 7, Block 12, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, TOGETHER WITH an easement and right of way for the construction, erection, operation and maintenance of a cable ski chair lift, as created, defined and established by Easement Agreement between the Boazd of County Commissioners of the County of Pitkin and Friedl Pfeifer recorded October 24, 1962, in Book 199 at Page 489, and, TOGETHER WITH an easement and right of way for skiing purposes, as created, defined and established by Easement Agreement by and between the City of Aspen and Aspen Skiing Corporation recorded October 17, 1969, in Book 244 at Page 31, and TOGETHER WITH that portion of the alleyway for Block 10 vacated in Book 259 at Page 83. 2. Land Area generally adjacent to and south of the Lift One Lodge Site: That property owned by the Aspen Skiing Company extending generally to the south from the southwesterly boundary of the Mountain Queen Condominiums, the southerly boundazy of Block 12, Eames Addition to the City and Townsite of Aspen, the south end of the South Aspen Street Right-of--way and the southerly boundary of the Shadow Mountain Condominiums to the southerly boundary of the City of Aspen. C. Property of Roaring Fork Mountain Lodge -Aspen, LLC Lots 12, 13 and 14, Block 8, together with that portion of the alley in Block 8 abutting said lots, Eames Addition to the City and Townsite of Aspen, Eames Addition, City and Townsite of Aspen (Skiers Chalet Steakhouse); Lots 5, 6, 7, 8, 9 and 10, Block 9, together with Lots 4 and 11, Block 9, less the west 22 feet thereof, Eames Addition to the City and Townsite of Aspen, and that portion of the alley in said Block 9 vacated by the City of Aspen in Ordinance No. 4, Series of 2006, recorded April 11, 2006 under Ordinance No 34, Series 2008 Page 39 Lift One Neighborhood M aster Plan Reception No. 522845 (Skiers Chalet Lodge); and Lots 1, 2, 13 and 14, Block 9, Eames Addition to the City and Townsite of Aspen, together with that portion of the vacated alley between Lots 1 and 14 and the west 20 feet of the vacated alley between Lots 2 and 13, Block 9, Eames Addition to the City and Townsite of Aspen (Holland House). D. Property owned or maintained by the City of Aspen. Willoughby Park: Lots 1-14, Block 7 and Lots 1-3, Block 8 Eames Addition, City and Townsite of Aspen, and that portion of Juan Street east of South Aspen Street between Blocks 7 and 8, Eames Addition, City and Townsite of Aspen and that portion of the alley in Block 8 adjacent to Lots 1, 2, and 3 Block 8, Eames Addition, City and Townsite of Aspen. Lifr One Park: Lots 3 and 12 Block 9 and the western 22 feet of Lots 4 and 11, Block 9 Eames Addition, City and Townsite of Aspen. Public rights-of--way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch Street. • Juan Street between South Aspen Street and Garmisch Street. • The alleyway between Lots 1, 2 and 3 and Lots 12, 13, and 14, Block 8, Eames Addition, City and Townsite of Aspen (unopened). • Garmisch Street from Juan Street to Durant Avenue. • Gilbert Street west of Monarch Street. • Hill Street west of Monarch Street (unopened). • Summit Street west of Monarch Street (unopened). • A one-block section of alleyway between Hill Street and Summit Street east of South Aspen Street (unopened). • A one-block section of alleyway south of Summit Street east of South Aspen Street (unopened). Ordinance No 34, Series 2008 Page 40 Lift One Neighborhood M aster Plan LIFT 1 ~ UNRESOLVED ISSUES A. No Fullback Position -What happens if~ 1. Council does not approve it becnuse the West Lodge (John Snrpa's) may be larger than what was previously rejected by Council. 2. Public might not accept as too big, out of scale, and is contrary to the character, look and feel, of Aspen. 3. Construction cost may exceed the budget and the project would not move forward. 4. Financing, reportedly in place, might disappear. 5. Tram Board does not approve Consequences 1. The whole thing will collapses. Projects are tied for financing of the public amenities. 2. The new street can not be built. 3. The lift(s) can not be built. 4. The other lodge can not move forward. 5. The Aspen Historic Ski Museum may not become a reality. 6. The two historic chalet buildings, are not protected. 7. Performance bond no good. Only comes into play after a construction contract is executed. B. Excessive Vesting Proposed Concerned about the proposed 15 year vesting. Unnecessary, too long. Chris said it's becnuse of the present economic conditions. It is not the city's responsibility to bail out n developer who might hove made a bad decision. The future needs will be different, so it would be better to then hove a new design review. C. Excessive Size of Buildings 1. Aspen projects in the style of the great lodges of our National Parks. These grand lodges are located on a site of more than 100,000 acres. This style is inappropriate in nn urban environment with no setbacks. 2. Now imagine two of these lodges across the street from each other. The street between these two massive buildings becomes a canyon. In shade or shadow most of the day, will be depressing in the winter. Little direct sun light. 3. The new lodges will be twice as high, and 3 to 4 times as wide as the Glenwood Sp. Wal-Mart. Inappropriate for Aspen. Big box retail outlets, would not be approved. SIZE MATTERS D A Possible Solution Worth Considering 1. Produced an alternate concept "Plan W" This separates the two projects, allowing one to go forward without the other. Made concept drawings, asked the facilitator, Tim, if I could present them. He said that it would be better to do it at the next meeting. The fol%wing week, was not on the agenda, asked Tim why. He told me that Chris did not want it presented. I then asked Chris why. He told me that the two developers did not want itshawn. The COWOP was not allowed to see "W", discuss it, and make a decision on the facts. This was not the only time that control was exerted to keep the COWOP on a path. That supported the original plan that had been rejected by council for being too large. Plan "W" vacated 5. Aspen St. the full width (70 or 75 feet) going to the adjoining lodges. The entire lower part went to the west lodge ~ the entire upper part to east lodge New 25 foot peripheral roads on the East and West would be constructed, flunking the combined sites, creating a park like open space. Wider lot more design opportunity Buildings placed across the slope not up and down the hill. Each lodge would have it's own parking solution independent of the other. Could have a campus plan (Aspen Meadows like) that could have smaller buildings maybe connected nt grade, below ground, of above the ground. Each lodge could move forward even if the other lodge elected not to proceed. Concept "W" developed before the Poma surface lift was envisioned, it is easy to incorporate E 2. Have copies of the early drawings, will make them available. Council Action i. It would be inappropriate for me to suggest any action, just as it is inappropriate for other members of the COWOP to promote (lobby) for the plan which they birthed and approved. 2. However if I can be of any additional service, please feel free to contact me. 3. For the record: The COWOP vote was not unanimous. Bill Wiener, A.I.A. A,I.P. ~ phone: 970/948-8255ce11 ~ email: Design. Bill@gmail.com nod n~Z o5~ nQl a~i~r. ,~oad~ sa ., ~+ a ~.._ ~~a ~I ' i ~-- T i `~ ~1 .~~ t ~. ~ n t ~ ~- ~: ~ ', ~ ~ ;,~~ ,;. ~L ~ r~ .~ `R:C } ~ : T ~, f ~ + ' .;~ ~~ti i i ~ t ~ t ~ t \\ i.~ , t i '"~ ~~. A. The 70' - 75' street is abandoned and the whole lower part goes to John's Lodge. The whole upper part goes to Bob's Lodge. B. The city acquires right of ways from both John and Bob on both the East and West sides of the study area. Their net site is changed very little. However they are better sites, ns they are more flexible. Can build across the slope or develop a cluster plan, C. Anew town lif t can be built along the historic route to take people to the new mountain lift. D. The museum is in the historic park. E. Anew volleyball court is created. F. The major non skiing transportation is by vans on rubber tires. Flexible. G. The parking is beneath. Entries anyplace. H. The new lodges do not have to be super buildings -can be more in scale with Aspen. I. The whole site becomes more park like. I MEMORANDUM .~~ TO: Aspen City Council THRU: Chris Bendon, Community Development Director(JV` FROM: Jason Lasser, Special Projects Planner RE: The Aspen Institute -Paepcke Auditorium -Consolidated SPA Amendment and GMQS Review, -Ordinance No.3'Z, Series of 2008 -Public Hearing MEMO DATE: October 20, 2008 MEETING DATE: October 27, 2008 SPECIAL NOTE: Due to notice issues and scheduling conflicts, the applicant has requested that the City Council open and continue the 2"d hearing review until November 10~h, 2008. This will allow time for the applicant to post and mail notice, and to allow the architects and Institute to attend the public hearing. APPLICANT /OWNER: The Aspen Institute REPRESENTATIVE: Jim Curtis, Curtis and Associates LOCATION: Paepcke Auditorium -Lot 1-B of the Aspen Meadows Subdivision, commonly known as The Aspen Institute, 1000 N. 3`d Street, Aspen CURRENT ZONING: A/SPA (Academic) zone district with a Specially Planned Area (SPA) Overlay SUMMARY: The Applicant requests consolidated SPA approval in order to expand the existing auditorium. The applicants are requesting approvals for a conceptual and final SPA amendment and for Growth management Quota System (GMQS) Review at this time. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "] move to continue the public hearing for the Specially Planned Area (SPA) Amendment to the Paepcke Auditorium to November 10~h, 2008." fib. MEMORANDUM TO: Mayor Ireland and City Council FROM: Jennifer Phelan, Community Development Deputy Director-~ RE: Aspen Walk (404 Park Avenue and 414 Park Circle) -Conceptual Planned Unit Development -Resolution No. 74, Series 2008 -Public Hearing (continued from October 14`nl MEETING DATE: October 27, 2008 SPECIAL NOTE: This staff report is an amended version of the October 14`h memo and is a supplement to the September 29`n memo. It contains the following: • Additional comment on the issues of employees housed at 414 Park Circle, and further discussion on garden-level affordable housing; and • Updated tables that show the project changes over time; and • Staff recommendation & motion. The September 29`n memo is included for reference at the end of this update. SUMMARY: At the September 29`n hearing for the Aspen Walk application, the City Council discussed the changes in the application and continued the hearing to October 14`n. The October 14`n hearing was continued to October 27`n. Additional comment from staff is provided below. 1) Em~lovees Housed. As mentioned in the September 29`n memo, the housing director has provided amended information on the affordable housing unit types (studio, 1 bedroom, etc.) that currently exist at the Smuggler apartments. This new information changes the number of employees housed when using the schedule provided in the Land Use Code from 16.75 to 18.25 employees housed by the apartments. Also mentioned at the last meeting was the fact that a resolution of the City Council from 1991 stated that the apartments provided mitigation for 17.5 employees. There is no explanation in the resolution as to the basis of the calculation. Due to the confusion with regard to the number of bedrooms within the units, staff has conducted a site inspection to determine .fin what the bedroom count should be. Upon inspection, staff determine that one three bedroom unit functioned as a three bedroom and another functioned as a two bedroom and a storage room. Staff recommends using the adopted methodology for calculating employees housed outlined in the Land Use Code to determine the existing number of employees housed. The replacement housing (eight studios, two 2-bedrooms and one 3- bedroom) requires 17.5 employees to be housed. 2) 'Garden Level' Affordable Housing. As discussed previously, an affordable housing standard requires that a percentage of a unit's finished floor be at or above grade. Included as Exhibit `P' of this memo is a staff interpretation of how that measurement is calculated. Essentially, a 1 percentage of the floor or walking surface needs to be at or above grade. The proposed garden level affordable housing units with the units' entire floor located below grade does not meet the affordable housing standard of the Land Use Code. Although the APCHA board states that they are in support of the garden level concept, the Land Use Code currently does not allow 100% of a unit's floor to be below grade. In some cases units that are not too far into the ground, have access to natural light, and provide a quality living environment may be a perfectly acceptable design solution; however, garden level units that are predominately below grade may not provide a quality living environment. If City Council believes that garden level units should be allowed in some instances, staff recommends that a code amendment be developed allowing for discretionary approval of garden level units. 3) Cash-in-Lieu. At the September 29`h hearing, the Applicants proposed acash-in-lieu payment of $982,782.61 for the expansion of the fourteen free-market units. By proposing acash-in-lieu payment, the Applicants can provide a development with reduced mass and scale. Staff recommended that instead of a cash-in-lieu payment, the Applicants provide off-site affordable housing units within the City of Aspen city limits. Since the October 14`~ hearing, staff has met with representatives of the proposal and the Applicants are now proposing off-site affordable housing units. At this point in time, a location has not been determined nor the details. 4) Amended "fables. The tables have been amended (Exhibit `O') to show the changes in the project between August 25`h and September 29`h. STAFF RECOMMENDATION: In reviewing the proposal, staff believes that the project provides affordable housing that is a benefit to the community by redeveloping the existing Smuggler apartments and providing additional affordable housing mitigation with the redevelopment of 404 Park Avenue. Staff is supportive of affordable housing development within Aspen and recognizes the importance and need for it within the community. Staff also recognizes that the Aspen Area Community Plan notes that "housing should be compatible with the scale and character of the community" as well as "preserve and enhance our sense of community" with infill projects. In past memos, staff has noted concern over the scale of the project. The Applicants have made changes to the project that reduce the mass and scale of the project that assists in creating a building that will be more compatible with the existing neighborhood. A number of items still remain to be resolved including: the number of employees housed in the Smuggler apartments, whether the garden-level affordable housing units proposed meet the Land Use Code requirements, and whether acash-in-lieu payment is acceptable to the City Council. Staff recommends that: • City Council determine that the existing Smuggler apartments house 17.5 employees. After a site inspection with the Applicants' representative staff has determined that the official count should be eight studios, two 2-bedrooms and one 3-bedroom. • The current garden level affordable housing units do not meet the Land Use Code; however, Council may decide that garden-level units may be acceptable. Council can direct staff to develop a code amendment allowing discretionary approval of garden level 2 units. Staff can see situations in which garden level units can meet the intent of creating quality affordable housing units. • Off-site affordable housing units are an acceptable option rather than acash-in-lieu payment. • Additionally, the Applicants should clearly outline that the project is solvent and that financial securities to complete the project can be acquired at final PUD application. The intention of Conceptual Review is to discuss the initial threshold issues relating to a large development proposal, and to evaluate the suitability of a development project on a particular parcel of land. The review enables P&Z, Council, staff, and the public to review proposed land uses, use mixes, access and infrastructure issues, and other threshold issues at a basic level before a full fledged development proposal is brought forward. By identifying the issues at Conceptual Review, the Applicants are able to address them as part of the Final PUD Application when more specificity in unit counts, site design, architecture, and other land use issues (such as new zoning, growth management, etc.) are addressed. The Conceptual Review also allows for initial identification of questions and concerns relating to development on any given parcel. The Applicants have heard City Council's concern with the size of the building and have reduced the scale and massing of the project. This has resulted in a smaller building that meets the underlying zone district dimensional standards. It also provides some garden level housing that can meet the intent of quality affordable housing units if they are well designed and have good access to light. Staff supports the changes the Applicants have made in decreasing the size of the building and we realize that a smaller building necessitates additional development off-site. The Applicants have agreed to off-site mitigation rather than acash-in-lieu payment and will need to provide a clear proposal of where and how much. Council, at a conceptual level, can decide that off-site mitigation is acceptable and allow the Applicants to develop a concrete proposal at Final PUD Application. The resolution included with this is written in the affirmative, approving the Conceptual PUD as presented on September 29`h. Council will need to determine whether the proposal, as presented is acceptable ata conceptuallevel. RF.COMMF,NDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE: "I move to approve Resolution No. 74, Series of 2008, approving with conditions, the Conceptual PUD for Aspen Walk." CITY MANAGER ATTACHMENTS: EXHIBIT A -Review Criteria (provided with 8/11/08 and 8/25/08 staff memo) EXHIBIT B-P&Z Resolution No. 14 (Series of 2008) (provided with 8/1 I/08 staff memo) 3 EXHIBIT C - P&Z minutes: April 15, 2008 and May 20, 2008 (provided with 8/11/08 staff memo) Exttielr D -Public comment from Nina Merzbach dated May 15, 2008 and Mike McCollum/Shael Johnson dated May 20, 2008 (provided with 8/11/08 staff memo) ExHIeIT E-Supplemental Memo dated May 7, 2008 from Stan Clauson Associates, Inc. (provided with 8/11/08 staff memo) EXHIBIT F -Supplemental Renderings updated July 24, 2008 (provided with 8/11/08 staff memo) ExwelT G-Application (provided with 8/11/08 staff memo) Exhibit H -Memo dated August 14, 2008 from Cindy Christensen (APCHA employee) (provided with 8/25/08 staff memo) Exhibit I -Correspondence dated 9/14/08 from Randy May, Aspen Walk project manager (provided with 9/29/08 staff memo) Exhibit J -Survey Results on Current Tenants dated 9/10/08 (provided with 9/29/08 staff memo) Exhibit K -Email from Tom McCabe dated 9/11 /08 (provided with 9/29/08 staff memo) Exhibit L -Resolution No. 14, Series of 1991 (provided with 9/29/08 staff memo) Exhibit M -Memo from the Housing Board dated 9/29/08 (provided with 9/29/08 staff memo) Exhibit N -Supplemental Renderings dated 9/19/08 (provided with 9/29/08 staff memo) F,xhibit O -Amended tables Exhibit P -Land Use Interpretation Exhibit Q -PUD Review Standards ber LY"' Memo APPLICANT /OWNER: ~ PROPOSED LAND USE: PFG Aspen Walk, LLC (404 Park Avenue) and Aspen Pitkin County Housing Authority (414 Park Circle) RF.PRF.SENTATIVE: Stan Clauson, Stan Clauson Associates, Inc. Randy May, RSMay & Associates, LLC LOCATION: Lot 3, Sunny Park Subdivision and Lot 5, Sunny Park Subdivision commonly known as 404 Park Avenue and 414 Park Circle, respectively. CURRENT ZONING aSc U$E Located in the residential multi-family (R/MF) zone district with a Planned Unit Development (PUD) overlay. 404 Park Ave. contains 14 free- market dwelling units while 414 Park Circle contains 11 affordable housing dwelling units. The Applicants are requesting to develop a residential multi-family building containing sub-grade parking, 18 affordable housing units and 14 free-market residential housing units. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended Conceptual PUD approval. STAFF RECOMMENDATION: Staff recommends that the City Council require the Applicants to revise their plans prior to a final PUD Application. SUMMARY: The Applicant requests of the City Council Conceptual PUD approval. GENERAL BACKGROUND Since the application was last heard by the City Council, the Applicants have amended the proposal. At the previous hearing major issues that were raised included: breaking up the mass/size of the building and looking at creative ways to accommodate parking. Changes from the August application to what Council is reviewing include: A Reduction in Dwelline Units The proposal now contains a total of thirty-two (32) dwelling units rather than the thirty-eight (38) previously proposed including six (6) fewer affordable housing units for a total of eighteen (18). The project still maintains fourteen (14) free market residential units. The Applicant is also requesting to pay acash-in-lieu payment for some required affordable housing. Changes to the Off-Street Pazkin~ The proposal includes the same twenty-eight (28) parking spaces for the free-market dwelling units. The proposal has reduced the number of pazking spaces from twenty-five (25) to twenty-three (23) for the affordable housing units. The Applicants are also proposing two electric cars to be available for use by the affordable housing residents. A Reduction in Floor Area. In the initial application provided to the Community Development department, the Applicants requested a Floor Area Ratio (FAR) of 1.56:1 (51,040 sq. ft.). Additional redesign now has an FAR of 1.25:1 or 40,968 square feet. In part, the reduction has been accomplished by removing square footage associated with both the free-market and affordable components of the project. The Applicants are asking for 1.28:1 or 41,951 sq. ft. and will be requesting this number at the hearing. Massing Chances. The single structure has been replaced by two structures separated by a courtyard. The cover to the parking access ramp cover that provided deck space for the affordable housing units has been removed and an at-grade patio is proposed. Additionally the building is located further from the shared property line with the Tailings Condominiums creating a setback from the shared property line of approximately thirty-four (34) feet. There have also been additional changes to exterior materials. PROJECT SUMMARY: The Applicants, PFG Aspen Walk, LLC and the Aspen Pitkin County Housing Authority (APCHA) have requested approval to demolish two existing buildings containing a total of twenty-five (25) dwelling units (11 affordable housing and 14 free-market dwelling units). The Applicants would like to redevelop the two (2) lots with two (2) new multi-family buildings containing eighteen (18) affordable housing units (six studios, six 1-bedrooms, and six 2- bedrooms) and fourteen (14) free market residential dwelling units for a total of thirty-two (32) units. As shown in Figure 1, the buildings are proposed to contain: 1) A shared sub-grade parking garage for the dwelling units. Vehicular access to the property and the garage will be from Park Circle on the northern end of the property adjacent to the Tailings Condominiums. The garage will provide a total of fifry-one (51) parking spaces: twenty-three (23) for the affordable housing units and twenty- eight (28) for the free-market residential units. 5 2) The next level is garden level (partially above and below grade) and contains five (5) free-market residential units and six (6) affordable housing units. 3) The third level is above grade on all sides and contains four (4) free mazket residential dwelling units and six (6) affordable housing units. 4) The fourth level contains five (5) free-market residential dwelling units and six (6) affordable housing units. Figure 1: Building Section of the Proposal W_ _ ~ ---~ - --- __ __ ~ ~~ ~~« =.- i BUILDING bEC11ON ONE ~`r'r~ Dimensional Requirements: The existing development includes eleven (11) affordable housing units with a total of 5,624 sq. ft. of net livable area and fourteen (14) free-market residential units with a total of 9,424 sq. ft. of net livable area. The redevelopment would provide eighteen (18) affordable housing units at 12,006 sq. ft. of net livable area and fourteen (14) free market units at 29,932 sq. ft. of net livable area. Table 1, below, outlines the proposed dimensional requirements for the project. The highlighted cell is the proposed standard that is requested to exceed permitted requirements for the underlying zone district. Table 1: Comnazison of Pronosed vs. Required Dimensional Requirements Dimensional Requirement Proposed Dimensional Requirements Underlyfing Residential Mnlti-Family Zone District Requirements 404 Park 414 Park Entire Project Minimum Lot 17,550 sq. ft. 15,224 sq. fr. 6,000 sq. ft. Size 32,774 sq. ft. Minimum Lot Width X91 Feet 60 Feet Minimum Lot Area/Dwelling N/A No requirement for multi-family dwellings 6 Dimensiouai Progosed 1)meusional Underlying Residential Matti-Family Zane: Requirement Requirements District Requirements 404 Park 414 Park Entire Project Minimum Front 5 Feet 5 Feet Yard Setback Minimum 5 Feet 3.33 Feet Alternative Front (formerly 0) (Corner lots are required to provide one front yard Yard Setback meeting the minimum setback and one at 1/3 the required front yard setback) Minimum Side 5 Feet 5 Feet Yard Setback Minimum Rear 5 Feet 5 Feet Yard Setback Maximum Height 32 Feet, with the exception of 32 Feet elevator shafts Floor Area Ratio 1.25:1 or 40,968 sq. ft 1.25:1 or 40,968 sq. ft (FAR) (formerly1.42:1 or46,725 sq. ft.) Requesting 1.28 or 41,95bsg.ft. The proposal presented before the Council is to demolish the existing affordable housing units at 414 Park Circle (Lot 5) and the free-market units at 404 Park Ave. (Lot 3). There are two different types of mitigation provided for the demolition of the existing affordable housing and free-market residential units. The following two sections are divided to address each type of mitigation provided. Demolition or Renlacement of Affordable Housing; Any existing affordable housing is required to be replaced when demolition occurs. The number, size, and type of units can be changed; however, the minimum number of employees previously housed is required to be housed in the redevelopment. In the original application, the information provided by the Applicants on the number and type of units calculated to 16.75 employees housed; however, since then the housing director, Tom McCabe, has noted that the existing type of units are different than originally submitted which changes the number of employees housed. Based upon his research, he has stated that the Smuggler apartments should be considered to house 17.5 employees per Resolution No.14 (Series of 1991 -Exhibit L). Mr. McCabe has stated that the official count should be eight (8) studios, one (1) two-bedroom, and two (2) three- bedroom apartments (Exhibit K). The current land use code calculates the amended mix at 18.25 employees housed rather than 17.5 employees; however, the previously mentioned resolution states that the building mitigates for 17.5 employees. The Applicants based their required replacement affordable housing on 16.75 employees housed and their unit mix (5 studios and 6one-bedrooms) is noted in Exhibit I. This new information changes the mitigation requirement for the existing affordable housing units and cannot be 7 accomplished by the unit number and mix outlined by the Applicants. Council will need to decide if the number of employees to be housed is 17 5 or 18 25 The existing affordable housing units are Category 1, considered "low-income level" in the Employee Housing Guidelines and will be replaced with a mix of Category 2 (lower moderate- income level) and Category 4 (middle-income level) units. Demolition or Replacement of Multi-Family Housing For approximately twenty-seven years, the City has required a certain amount of affordable housing to be developed when existing free-market multi-family residential dwelling units are demolished. The basis for this requirement was the observation that as existing multi-family units (which had often served as housing for local working residents) were demolished and replaced, the new units no longer housed local working residents. The latest modification to this requirement occurred as result of the moratorium in 2006 and became effective in June of 2007 (Ordinance No. 14, Series of 2007). For afree-mazket residential multi-family project that is demolished, a developer has two mitigation options. The redevelopment proposed by the Applicants is now through the 50% replacement option rather than the 100% replacement option • One option is to replace one hundred percent (100%) of the units (as well as bedrooms and net livable area) of the previously existing building as Resident Occupied (RO) affordable housing; the remaining development on the site may be free-market as long as there is no increase in the number of free-mazket residential units that previously existed. • A second option is to replace fifty percent (50%) of the existing units (as well as bedrooms and net livable area) of the previously existing building as Category 4 affordable housing; the remaining development on the site may be free-market as long as there is no increase in the number of free-market residential units that previously existed. Additional mitigation (for the 50% replacement option) is required when the net livable area of the free-market component is increased from what previously existed. When additional area is proposed, thirty percent (30%) of the increased net livable area (which has a finished floor at or above natural or finished grade) is required to be mitigated as affordable housing. The existing free-market building contains fourteen (14) free-market residential units, twenty- five (25) bedrooms and 9,424 sq. ft. of net livable area (as outlined in Table 2). Fifty percent of the previous amount of units, bedrooms, and net livable azea is required to be developed as affordable housing: 7 dwelling units, 12.5 bedrooms, and 4,712 sq. fr. of net livable area. The proposed mix will meet the 50% replacement standard. The units will be deed restricted a mix of Category 2 and 4. 8 Table 2: Existing Free-Market Residential Comnnnent Unit Type Existing Units ` Existing No. of Bedrooms Existing Net Livable Area studio 4 4 ~* 1 bedroom 2 2 ~* 2 bedroom 6 12 ~+ 3 bedroom 1 3 ~* 4 bedroom 1 4 ~* Totals 14 25 9,424* Notes: *Only a total net livable area was provided by the Applicants for the existing units. Table 3: Affordable Housine Mitigation for the Free-Market T in;rc Unit Type Unit Count v Employees Net Livable Bedrooms Housed Area studio 1 1.25 501 1 (1 x 1.25) 1@501 1 bedroom 0 0 0 0 2 bedroom 6 13.5 5,103 12 (6 x 2.25) 3@850 3@851 Totals 8 14.75 5,604 13 Additionally, the Applicants have proposed that the expansion in free-mazket net livable area (from the 9,424 sq. fr.) that previously existed, be mitigated by a cash-in-lieu payment rather than additional on-site (or off-site) affordable housing. An additional 3,019 sq. fr. of net livable area is required to be provided as affordable housing due to the proposed increase in the size of the free-market component of the project. The above referenced number is reached by the following calculation: 29,932 (total free-market net livable area proposed) - 9,424 (existing sq. ft. mitigated by proposed on-site 50% Replacement affordable housing) 10,442 (garden level's finished floor level is below grade and not counted) 10,066 sq. fr. (30% of 10,066 sq. fr. is required to be developed as affordable housing) 10,066 sq. fr. x .3 = 3,019 sq. ft. The land use code allows an applicant to request of City Council acash-in-lieu payment for mitigation required with the expansion of the free-market component. The code also allows the units to be provided on or off site. The Applicants are requesting to pay acash-in-lieu payment for the 3,019 sq. fr. required to be provided for affordable housing as a result of the expansion of the free-market units. Sta comment: The City Council will need to determine how many employees are currently housed in the Smuggler apartments (17.5 or 18.25). Staff recommends using the existing codified numbers of employees housed for unit type to calculate the current number of employees housed. The replacement number could potentially be met with additional reconsideration of the unit count and type by the Applicants. The affordable housing mitigation required for the existing free market residential units: SO% replacement of the number of existing units, bedrooms, and net livable area is currently met. The Applicants have proposed acash-in-lieu payment for the 3, 019 sq. ft. of net livable area that is required to be developed as affordable housing due the expansion of the free-market component. This can only be approved by Council. An option that could be considered is to allow the additional affordable housing be developed off-site rather than on-site to allow for an overall smaller project at the subject site. Additionally, the land use code requires that "each (affordable housing) unit be designed such that the fmished.floor level of fifty (50) percent or more of the unit's Net Livable Area is at or above Natural or Finished Grade whichever is higher. " As shown in the elevations in Exhibit N, part of the finished floor of the affordable housing units located on the garden will be below Natural or Finished Grade. As such they will not meet the design standards. Parkine: With regard to the off-street parking, following is a table to explain the parking requirement for the project. As mentioned under "Notes" for Table 1, an existing deficit is allowed to be maintained when a property is redeveloped; however, this deficit is only for the previously existing number of units and any new units are required to meet the off-street parking standards unless granted a variation in the requirement. In a PUD, the minimum off-street parking requirement can be established as part of the Final PUD. The Applicant proposes a parking allowance of twenty-three (23) spaces for eiehteen (18) affordable housing units with two of the stalls being used for electric cars. Table 4 outlines the parking requirements of the project as it is currently designed. Some of the stalls are proposed in a tandem configuration. The Applicants are proposing to purchase two electric vehicles to be used by the affordable housing residents. With two (2) parking stalls being used for the electric vehicles, twenty-one (21) stalls are left for the residents' personal vehicles. Two (2) parking stalls per free-market unit are proposed. 10 Table 4: Off-Street Parkin¢ Requirements Existin Develu went ' Itetteve lo 1=: Unit Spaces Spaces Unit Spaces Spaces Deficit. Total Re aired Provided Total Re aired Provided New Dwelling Units 0 0 0 8 9 9 9 (AH) 414 Park Circle 11 16 10* 10 15 14 0 (AH) or 10** 404 Park Ave. (FM) 14 22 5* 14 ?*** 28 ?*** or 5** Notes: * The existing number of spaces: 10 spaces for 414 Park Circle and 5 spaces for 404 Park Ave may be maintained when the existing units are redeveloped. ** This lower number is allowed if the existing parking deficit is carried forward. * * * No bedroom counts were provided for the proposed free-market units. Staff comment: Council requested that the Applicants be more creative with their proposed off- street parking. Providing electric vehicles for the use of residents is a step forward. Council will need to determine if approximately one parking space per affordable housing unit is appropriate. Overall Comparison of Project Changes: The following information is provided for Council and compares the changes in the project. Table 5: Affordable Housing Units Existing Formerly Current ' lllifference Proposed Proposal Between Former' and Current: Pro oral" Number of Units 11 24 18 -8 Net Livable Area 5,624 16,127 12,006 -4,121 (sq. ft.) Table 6: Free-Market Residential Units Existing Formerly Current ; ; Hatlerence Proposed Proposal Between Former and Current Pra osal Number of Units 14 14 14 0 Net Livable Area 9,424 33,239 29,932 -3,307 (sq, ft.) RESOLUTION N0. 74 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR ASPEN WALK, COMMONLY DESCRIBED AS 404 PARK AVENUE AND 414 PARK CIRCLE, LEGALLY DESCRIBED AS LOT 3 AND 5, SUNNY PARK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parce! ID: 2737-074-04-705 2737-0741-04-701 WHEREAS, the Community Development Department received an application from PFG Aspen Walk, LLC and the Aspen Pitkin County Housing Authority represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Development Plan for a Planned Unit Development (PUD); and, WHEREAS, an application was submitted to consider both lots as one site to be redeveloped with amulti-family structure containing twenty-five (25) affordable housing units and fourteen (14) market rate dwelling units; and WHEREAS, the application requested that the PUD's dimensional standards meet the underlying zone district standards of the Residential Multi-Family (RMF) zone district with the exception of Maximum Height, Maximum Allowable Floor Area, Minimum Setback and Minimum Off-Street Parking; and WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be reviewed by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, during a regular meeting on April 15, 2008, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to May 20, 2008; and WHEREAS, on May 20, 2008, the Planning and Zoning Commission continued the public hearing on Aspen Walk, reviewed the proposed changes of the project and design which included fourteen (14) market rate dwelling units and twenty-four (24) affordable housing units and recommended City Council approve the Conceptual Planned Unit Development application by a four to two (4-2) vote, with the findings and conditions listed hereinafter; and, Page 1 of 5 WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be reviewed by the City Council at a duly noticed public hearing afrer considering recommendations by the Community Development Director, Planning and Zoning Commission and relevant referral agencies; and, WHEREAS, during a regular meeting on August 11, 2008, the City Council opened a duly noticed public hearing to consider the project; and, WHEREAS, on August 11, 2008, the City Council at a public hearing on Aspen Walk, reviewed the project and design which included fourteen (14) market rate dwelling units and twenty-four (24) affordable housing units and continued the hearing to August 25, 2008; and, WHEREAS, on August 25, 2008, at a continued public hearing the City Council considered the application and upon the applicants' request continued the public hearing to September 29, 2008; and, WHEREAS, on September 29`h hearing the Applicants presented an amended application which included fourteen (14) market rate dwelling units and eighteen (18) affordable housing units; and, WHEREAS, at the September 29`" hearing City Council considered the amended proposal and approved the Conceptual Planned Unit Development application by a to L-~ vote, with the findings and conditions listed hereinafrer; and, WHEREAS, Conceptual PUD approval, granted by City Council, shall only grant the ability for the applicant to submit a Final PUD and the proposed development is further subject to Final PUD review as well as additional relevant land use review approval pursuant to the Municipal Code; and, WHEREAS, the Council finds that the development review standards for Conceptual PUD have been met, as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Aspen City Council approves the Conceptual Planned Unit Development for the project known as Aspen Walk, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: The Final PUD application shall reflect and demonstrate compliance with the findings of the Commission and City Council, allowing for the development of eighteen (18) affordable housing units and fourteen (14) market rate units. Additionally, the Final PUD may be submitted with the following dimensional standards as requested in the application: • The Maximum Allowable Floor Area shall be no greater than 41,951 sq. ft. or a Floor Area Ratio of 1.28:1. • The Maximum Allowable Height shall be no greater than 32 (excepting elevator shafrs) feet as outlined in the application. Page 2 of 5 • The Minimum Off-Street Parking standazd for the affordable housing units shall be 23 spaces for the 18 affordable housing units and the Applicants will provide two electric vehicles for the use of the residents of the affordable housing. 2. The Final PUD's design shall be in substantial compliance with the conceptual PUD, inclusive of the proposal of two structures and a shazed underground pazking facility. 3. The Final PUD application shall include: a. An application for Final PUD application and the proposed development is further subject to Final PUD review as well as associated land use review approvals pursuant to the Municipal Code. Apre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions to become requirements of the PUD. Section 2: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Clarification and code compliance on the shared property line, exiting from the basement garage, exiting from the market rate units, existing from each story, elevator openings, accessible parking spaces, accessible entries, and the 2003 Efficient Building Program is required. Section 3: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Resolution of the proposed land swap (approximately 618 sq. ft. of public right of way for a certain amount of private property) shall be resolved prior to Final PUD application. Storm water drainage fees may be applicable to this development proposal. In order to achieve the ROW swap and accomplish the pedestrian connectivity and appropriate traffic calming for the project, the alignment of Park Ave & Park Circle intersection needs to be consistent with the Pazk Avenue Pedestrian and Transportation Plan. This includes shifting the roadway and installing sidewalk on the west side of Park Ave. It also includes a speed table and associated crosswalk just south of the intersection. A traffic impact analysis will be required for the project. Section 4: Affordable Housing Provision of affordable housing shall be such as to provide 50% replacement for the existing free market units. Acash-in-lieu payment is permitted for the 3,019 sq. ft. of affordable housing mitigation required for the expansion of the free-market units. The existing affordable housing units to be demolished shall be house employees. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Page 3 of 5 Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior Liehtine All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: School Lands Dedication and Impact Fees The Applicant shall pay all impact fees and the school lands dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 11: Parks A formal vegetation protection plan shall be required with building permit application. Final layout of the plantings within the public right-of--way require Park Department approval and shall meet the comments from the Parks Department during the Development Review Committee meeting. Section 12: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13: 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. APPROVED by the City Council at a special meeting on September 29, 2008. Attest: Page 4 of 5 Kathryn S. Koch, City Clerk Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Michael C. Ireland, Mayor Michael C. Ireland, Mayor Page 5 of 5 Exhibit O Table 1: Comparison of Proposed vs. Required Dimensional Requirements Dimensional Proposed Proposed Underlying Residential Mttlti- Requirement Dimensional Dimensional Family Zone District Requirements Requirements Requirements (August 25~") (September 29`~ 404 414 404 414 Park Park Park Park Circle Ave. Circle '-Ave• Entire Project Entire _ 8ject Minimum Lot 17,550 15,224 17,550 15,224 6,000 sq. ft. Size sq. ft. sq. ft. sq. ft. sq. ft. 32,774 sq. ft. 32,774 sq. ft. Minimum Lot X91 Feet X91 Feet 60 Feet Width Minimum Lot N/A N/A No requirement for multi-family Area/Dwelling dwellings Minimum Front 5 Feet 5 Feet 5 Feet Yard Setback Minimum 0 Feet 5 Feet 3.33 Feet Alternative Front (Comer lots are required to Yard Setback provide one front yard meeting the minimum setback and one at 1/3 the required front yard setback) Minimum Side 5 Feet 5 Feet 5 Feet Yard Setback Minimum Rear 5 Feet 5 Feet 5 Feet Yard Setback Maximum 32 Feet, with the 32 Feet, with the 32 Feet Height exception of exception of elevator elevator shafts shafts Floor Area Ratio 1.42:1 or 46,725 1.25:1 or 40,968 sq. 1.25: 1 or 40,968 sq. ft (FAR) sq. ft. ft (formerlyl.42:1 or 46,725 sq. ft.) Requesting 1.28 or 41,951 sq. ft. Minimum Off- 53 spaces 51 spaces August 25` September 29th Street Parking Free-Market Free-Market Dimensional Proposed Proposed Underlying Residential Multi Requirement Dimensional Dimensional. Family Zone District Requirements Requirements Requirements:.. (August 25th) (September 29t°) 404 414 404 414 Park. Park Park Park Circle Ave. Circle Ave. Entire Project Entire-Project Residential: 28 Residential: 28 Free Market: Free Market:5* spaces spaces 5* Affordable Affordable Affordable Housing Affordable Housing: 23* Housin Residentia123 Housing: 30 Residentia125 spaces spaces Notes: * An Applicant is allowed to maintain an existing deficit in parking when a property is redeveloped; however, new dwelling units are required to meet the off-street parking standards. Table 2: Existing Affordable Housing -Employees Housed August 25~ Memo September 29t Memo Unit Net Unit Employees Bedrooms Unit Employees Bedrooms Type Livable Count Housed Provided Count Housed Provided Area studio ?* 8 10 8 8 10 8 (8 x 1.25) (8 x 1.25) 1 0 0 0 0 0 0 bedroom 2 ?* 3 6.75 6 1 2.25 2 bedroom (3 x 2.25) (1 x 2.25) 3 ? 0 0 0 2 6 6 bedroom (2 x 3.0) Totals 5,624* 11 16.75 14 11 18.25 16 Note: * Only a total net livable area was provided by the Applicants for the existing units. Table 3: Proposed Replacement Affordable Housing for the Existing Affordable Units August 25 Memo ` September 29 Memo OnitType Unit Employees Net Bedrooms Unit Employees Net Bedrooms Count Housed Livable Provided Count Housed Livable Provided Area Area studio 3 3.75 1,209 3 5 6.25 2,502 5 (3 x 3@403 (5 x 3@500 1.25) 1.25) 2@501 1 1 1.75 600 1 6 10.5 3,900 6 bedroo 1@600 (6 x 3@600 m 1.75) 3@700 2 5 11.25 4,250 10 0 0 0 0 bedroo (5 x 5@850 m 2.25) Totals 9 16.75 6,059 14 11 16.75 6,402 11 Table 4: Proposed Affordable Housing Mitigation for the Free-Market Units August 25` Memo September 29` Memo Unit Unit Employ Net Bedroo Unit Employ Net Bedroo Type Count ees Livable ms Count ees Livable ms Housed Area Housed .Area studio 2 2.5 810 2 1 1.25 501 1 (2 x 2@405 1.25) 1 8 14 4.820 8 0 0 0 0 bedroom (g x 2@605 1.75) 2@603 2@602 2@600 2 4 9 3.418 8 6 13.5 5,103 12 bedroom (4 x 3@856 (6 x 3@850 2.25) I@85o 2.25) 3@851 3 1 3 1,020 3 0 0 0 0 bedroom Totals 15 28.5 10,068 21 7 14.75 5,604 13 'O ~ ~ M N d 'Z,i 0 7 L d N ~ M ~ ~ ~--~ d' D1 00 00 O 7 M ~ O~ i . ra ~ N N . -i N N ~--~ ~--~ ~--~ N N N N a d ~ O O C i+ ~ G O L Z ~ ~% p. ~ 8 a ~ a ~ ~ o ~ o D L a Ca ~' d O ~ ~ oo ~ N ~ V' ~ ~ M O M ~ a\ ~; C 'O w G ~ Z ~ ~ ~ O ~ ~ ~ .--~ M O M N V N V N V N V N ~ N 0 N 7 N a\ O M N ~ V N / /~~~~ \J a a\\ ~l ~ all V ~a \\ ~l ~ l a l n a l ~ M O a ~ N N ^, 8 X N N N d W % O O N G p y O N ~ O` O N ~,, W ++ ~ 50. ~. ~ y ~Q ~ .N~ «cddd .U. ~ ~ a~ h ma a Q Q G C L ~ O N D` M O „ y '~ O a - ,, ~ . ~ ~ * b '"> b o ~. y z ~ i00. N O CL w r ~ d °` °'~ ~~ 3 ~ 9 ~ o ~ 3 y. o y O L d' N N M d' N ~ ~ N O w wz ~b ~ >~ en c e ~ y q ~ C N ~D ^~ ~ ~ O T ~ ~ Y Y W ro V _T Ti O ~ O ~ O ~ O ~ O ~ ~ Y O 'b ~ 'd b ~! CC Vi Y b a a p ~ .o c ° Z D y .-• N M v F ro H G ~~+ G .~ bOA N ro a. v y i w O ro ~- V O O +-' ~ A bA ~ .N Y X ~ ~~ G ~ O N U U ~ a ~ C~ N U 3 ~ ~ ~ .~ M « v ~~ ~ .-~ 0 0 C' O C ~ ~ a ~ . ~ ~ ~~ d; ~ ~ F >, ~~ ~ O ~ I T ~ ~ ^ A 3 L ~ r ~ V . •O o ~ N ~ ~ O• ~ 0. U w ~ ifr . 'n «.~ N b 'U . V e0 a O V i. iF O ~p 4. jt O N b y d ~ N .-. O N v) iU., ~ a ~ :~ ~ a a cn ' ~ N s. X U ~7 a w ~ u ' o Y fl o o ~ ~ ~ . a 3 . .n O y ~ ~ Q ~ ee O o ~ N W ~ ~ a C bq q '' p o ~ O ~ ' N a i F" .X b o v v -- „ a ~ °' ai ~ > F" ~ U d N ~ * 3 ~a i / ~ a z~ ¢ .. a ~~~ x ~~ z~ ~ ~Q °~ ~~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: APPLICABLE CODE SECTIONS: 26.470.070 4.c. 26.104.100 City of Aspen Affordable Housing Definitions: Floor Net Livable Area EFFECTIVE DATE: WRITTEN BY: APPROVED BY: October 3, 2008 Jennifer Phelan, Deputy Director Chris Bendon, Community Development Director SUMMARY This Land Use Code interpretation is being issued to clarify language in the growth management chapter of the Land Use Code related to the provision of affordable housing by explaining how to measure an affordable housing unit's compliance with a standard that requires a certain percentage of an affordable housing unit to be at or above grade. BACKGROUND Ordinance No. 12, Series of 2006, amended sections of the Land Use Code and initially introduced language with regazd to affordable housing stating that "Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's net livable squaze footage is at or above Natural or Finished grade, whichever is higher." Since the passage of Ordinance No. 12, slight changes to this language have occurred and subsection 26.470.070 4.c. of the Land Use Code currently notes that: "Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's Net Livable Area is at or above Natural or Finished grade whichever is higher." The above-mentioned standard is reviewed under the purview of the Planning and Zoning Commission. In addition to the above referenced standard, the definition of Floor and Net Livable Area as defined below are used in the interpretation. Floor. The base walking surface within a room or other enclosure. Net Livable Area. The area available within a building for habitation and human activity measured from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, habitable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable basements, mechanical azeas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. INTERPRETATION The affordable housing standazd in question requires a certain percentage (50%) of "the finished floor level of the unit's Net Livable Area to be at or above.... grade". Finished floor level refers to the actual Floor of a unit which is defined in the Land Use Code as "the base walking surface within a room or other enclosure." Thus, the initial unit of measure to calculate the percentage of area to be at or above grade is the base walking surface within the dwelling unit. "Base walking surface" is atwo-dimensional concept. The volume of the unit that may extend above grade is not relevant to this determination. The calculation of the actual percentage of the floor level that must be above grade is a function of the Net Livable Area. The Land Use Code defines Net Livable Area as "the azea available within a building for habitation and human activity measured from interior wall to interior wall, including interior partitions, and inclusive of, but not limited to, habitable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable basements, mechanical areas, exterior storage, stairwells, gazages (attached or unattached), patios, decks, and porches." The Net Livable Area definition simply excludes certain portions of a unit from being counted towazds net livable azea. This too is atwo-dimensional measurement. Area as used herein is mathematically defined as a quantity expressing the size of a figure in the Euclidean plane or on a 2- dimensional surface. It is measured in terms of squaze feet. Again, volume, measured in terms of cubic feet, has no relevance in this discussion. Thus, once a determination of net livable area is made, 50% of that area, on the "base walking surface" of the unit must be above natural or finished grade. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Exhibit Q Sec. 26.445.050. Review standards: conceptaal, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding azea. 3. The proposed development shall not adversely affect the futwe development of the surrounding azea. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments aze available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. B. Establishment of dimensional requirements: The final PUD.development plans shall establish the dimensional requirements. for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. T'he proposed dimensional requvements for the subject property aze appropriate and compatible with the following influences on the property: a) The character of and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or mati-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic; transit, pedestrian circulation, parking and historical resources. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. 3. The appropriate number ofoff-street parking spaces shall be established based on the following considerations: a) The prohable number of cars used by those using the proposed development including any nonresidential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the City. 4. .The maximum allowable density within a PUD may be reduced if there -exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. 5. The maximum allowable density within aPUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the .natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway or trail in the proposed development.is not compatible with the terrairi or causes harmful disturbance to critical natural features of the site. 6. The maximum allowable density within a PiJD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the'Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subpazagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. . c) 1fie increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a) Lot s'~zes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b) The approved dimensional requirements for all lotr within the PUD are required to be reflected in the final PUD development plans. C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. ~3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are apprpprately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. ite drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For nonresidential land uses, spaces between buildings aze appropriately designed to accommodate any programmatic functions associated with the use. D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: ' 1. The landscape plan exhibits awell-designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. E. Architectural character. I. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultutal resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and. by use of non- or less-intensive mechanical systems: 3. Accommodate the stotage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. -All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site. features, stmctures and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the outdoor lighting standazds unless otherwise approved and noted In the final PUD documents: Up-lighting of site features, buildings, landscape element's and lighting: to call inordinate attention to the property is prohibited for residential development. . G. Common park, open space or recreation area If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location and design of the common park, open space or recreation area enhance"s the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation azeas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas and shazed facilities together with a deed restriction against future residential, commercial or industrial development. H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development'shall comply with the following: Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standazd is to ensure the development is easily accessible, does not unduly bwden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers aze provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans, regazding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to enswe appropriate public and emergency access. 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical. J. Phasing of development plan. (does not apply to conceptual PUD applications) The purpose of this criteria is to enswe partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts.of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to•function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical azeas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees. and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. (Ord. No. 12, 2007, §24) r. MEMORANDUM TO: City Council FROM: Cindy Christensen, Housing Office THRU: Tom McCabe DATE: October 20, 2008 RE: REPLACEMENT OFSMUGGLER MOUNTAINAPARTMENTS Below is a quick assessment that was done by Chris Everson on the costs to redevelop Smuggler Mountain Apartments: Size Category Qty APCHA Min Net Livable sq ft per each Total Net Livable sq ft Studio 1 8 400 3200 2BR 1 2 850 1700 3BR 1 1 1000 1000 Totals 5900 5900 net livable sq ft / 0.8 = 7375 gross square feet for construction + approximately 625 sq ft covered porch =approximately 8~ total gross sq ft for redevelopment Assumptions 1. Approximate low range redevelopment per squaze foot = $375/ft* 2. Approximate high range redevelopment per squaze foot = $475/ft* 3. Plus parking @ $40,000 per space with 1.5 spaces per unit ** 4. Costs do not include possible asbestos remediation or potential . $375 x 8,000 = $3,000,000 estimated low range for redevelopment (need to add pazking) $475 x 8,000 = $3,800,000 estimated high range for redevelopment (need to add parking) Rough estimate for pazking: $40,000 per space x 1.5 x 11 = $660,000 Low range estimate for redevelopment: $3,660,000 High range estimate for redevelopment: $4,460,000 * Intended to be a range of estimates for total redevelopment including demolition, soft costs, infrastructure, grading, retention, hard construction, but not including pazking. ** Estimate for surface pazking It may behoove Council to request the Housing Board to authorize the expenditure of funds to have a conceptual redesign/redevelopment plan created by a design professional and to have a conceptual estimate done, which would cost anywhere from $15,000 to $30,000 to have that done; however, the Housing Staff supports the AspenWalk project as this is the most cost effective development for this property at this point in time for the City of Aspen as shown by the above calculations. Below are estimates for repairing the existing building: Item Estimate Main Water Heater $37,000 Roof $45,200 Unit water heaters $8,000 Exterior $12,700 Laund $5,600 Vehicle $8,820 Retainin $15,000 A liances $17,125 Bathrooms $44,000 Contin enc $31,555 Estimated total $225,000 Jg'a. MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: October 21, 2008 RE: Council Appointments Below are the current Council assignments. JE's committees need to be reassigned and Council needs to elect a Mayor Pro Tem. Mayor Pro Tem CAST RFTA RFTA alternate DRGW Covenant Enforcement NWC Council of Governments Aspen Chamber Resort Assn. Arts Council Ruedi Water & Power Authority CORE Board Sister Cities Healthy Mountain Communities Rocky Mountain Rail Assn Burlingame Housing Inc. CML Policy Advisory Board Nordic Council ASC Advisory Committee Steve Skadron/Jack Johnson J. E. DeVilbiss Dwayne Romero Jack Johnson Dwayne Romero/Steve Skadron Mick Ireland/J. E. DeVilbiss Jack Johnson/Mick Ireland J. E. DeVilbiss/Jack Johnson J. E. DeVilbiss Steve Skadron/J. E. DeVilbiss Randy Ready J. E. DeVilbiss Mick Ireland Steve Skadron/Dwayne Romero Dwayne Romero