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HomeMy WebLinkAboutagenda.council.regular.20090413CITY COUNCIL AGENDA April 13, 2009 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters maybe adopted together by a single motion) a) Resolution #23, 2009 -Contract Construction Pit Replacement for the Wheeler b) Resolution #24, 2009 -Contract -East of Aspen Trail II c) Resolution #19, 2009 -Contract Skid Steer Loader d) Resolution #20, 2009 -Communication Board E-911 Agreement e) Resolution #21, 2009 - 210 West Francis Extension of Ordinance #48 Review f) Minutes -March 23, 2009 VII. First Reading of Ordinances a) Ordinance #10, 2009 -Disconnection of Territory South of Airport P.H. 4/27 VIII. Public Hearings a) Resolution #3, 2009- Aspen Valley Hospital Conceptual PUD b) Ordinance #5, 2009 -SPA Amendment Pitkin County Jail c) Ordinance #7, 2009 -Code Amendment -Bicycle Safety d) Resolution #22, 2009 -Exemption From Vested Rights Lot 1 Boomerang Subdivision IX. Action Items a) 411 Pearl Court Ordinance #48 Review Negotiation Adjournment Next Regular Meeting April 27, 2009 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. .. ~~~~ Lisa Markalunas 15 Williams Ranch Court, Aspen, Colorado P.O. Box 8253, Aspen, Colorado 81612 (970) 309-4598 April 12, 2009 City Council City of Aspen 130 S. Galena Aspen, CO 81611 RE: Greenwald Pavilion Aspen's Native Mavflowers: A Threatened Saecies I write this letter to submit for the record to mark the further destruction of Aspen's native landscape. I was told early on in the process for the Greenwald Tent that it was simply a conversion from a temporary to a permanent use. It was never made clear to us that there was any intent to move the location of the tent. The new tent relocation site was never staked on the property. I walk the property every morning. Never once has there been any staking on the north side of the cart path (until last Wednesday the day before the destruction). Never in my wildest imagination did I think Aspen's mayflowers (pasqueflowers) were threatened. After all, they are on City property with some 50 feet between them and the existing tent. Had I fully understood the plans that were afoot, I would have brought them to the attention of the Pazks department staff and the City Council. I even watched the last public hearing on Grassroots and did not realize that the Tent was being relocated. To me, this indicates that somewhere this "public process" failed us. I consider myself an informed citizen and yet we and other neighbors were blind-sided by this process. We aze talking about the destruction and granting of easements on and use of City property and yet no staking in this area ever occurred. We have purposely kept the mayflower location quiet, visited in the spring by many old- timers, for feaz that drawing attention would serve to destroy this very special site. The only other location in all of Aspen that these flowers grow is at Ute Cemetery which is consecrated ground. But one never knows in Aspen if even consecrated ground will indeed be kept sacred. Perhaps I was too wrapped up in hundreds of hours of meetings for the last yeaz serving on the City's Historic Preservation Task Force to be vigilant enough about the Greenwald Tent. This entire result breaks my heart. The mayflowers were a "rite of spring" which we all watched for and witnessed and which we shared with old-timers like Peggy Rowland who would always walk over from her home to see them. They were a part of my Aspen. What is perhaps the saddest part is that most people in Aspen today don't even know .~. what mayflowers are or why old-timers thought that they were special. It is but another illustration of one more part of the real Aspen that is slipping away. It is especially sad because this very fragile species cannot be moved or transplanted. I am not even sure if the Parks Department knows they exist at this site. We have attempted and failed to get them to grow in other locations. Mrs. Elizabeth Paepcke was a lover of the mayflowers. I am sure if she were still alive, she and others would have defended these very special flowers. I have witnessed the reckless plowing, the over salting, the general destruction of the natural and native landscape under the care of the Aspen Institute. My family has spent countless hours cutting and hauling thistle and picking up garbage on Aspen Institute property. It was just Thursday morning that I picked up beer bottles on the bluff while inspecting the very first stakes to be placed on this part of the site. It is disingenuous at best for the Aspen Institute's representative to indicate work would not commence until Monday when they had every intention of scraping the entire site of any native vegetation last Friday. They seemed ostensibly willing to work to create a buffer for the mayflowers when in reality they had every intention of commencing with "scorched earth" devestation as soon as possible. All of the sage, the large serviceberry, the gamble oak, much of it on city property, were all destroyed on Friday while we attempted to meet with City staff and Council to discuss buffering the mayflowers. The only thing they retained were the non-native, half-dead pine trees originally planted to mollify Pitkin Green residents. I know that you will tell us that it was a long process and we should have known better. We are hopeful that you will at least see clear to, in exchange for the use of city property (which is incidentally zoned conservation), by the Aspen Institute and now subject to being driven on, snow plowed, salted and further degraded, you will require the Aspen Institute to not artificially water or shade the site and to at least carefully and sensitively place a section or two of split-rail fence between the mayflowers and the new path to prevent the occurrence of what will inevitably be further destruction of this site and the threatened mayflowers now that their landscape buffer has been reduced to just one or two feet. Sincerely and with sadness, Lisa Markalunas A Threatened, Fourth-Generation Aspen Native cc: The Aspen Institute via MEMORANDUM TO: FROM THRU: DATE OF MEMO: MEETING DATE: RE: Mayor Ireland and Council Gram Slaton, Wheeler Executive Director ACM Randy Ready; Wheeler Board of Directors 2 April 2009 13 Apri12009 Contract with PNCI Construction, Inc., for Tear-Out and Replacement of the Wheeler Opera House Orchestra Pit Structure SUMMARY: Approval of this contract would allow the Wheeler Opera House to tear out and replace the compromised joisting and floor system between the orchestra pit level and the lower dressing room level of the theatre interior. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The 1983-1984 construction of the Wheeler's orchestra pit floor was completed with materials that have not held up to the kind of high-impact and variable-load uses that this portion of the Wheeler Opera House has regularly encountered over the past 25 years. The structural deficiencies were discovered after the 2008 summer season, when the floor was found to experience a suspiciously high degree of bounce from a normal single-human weight load. Upon closer inspection, it was discovered that the general contractor in 1983-84 had used a form of joisting composed of a top 2" x 4" soft-wood beam, an identical bottom 2" x 4" soft-wood beam, braced with corrugated metal crosspieces driven in the sides of the wood and secured by stamped cleating. The cleating had over time come loose from the wood in places, exacerbating the bounce of the floor, which created further cleat separation and damage. Ultimately, this compromised the floor to the point where emergency steps were required in order to open for the 2008-2009 season, with time reserved in the 2009 spring calendar for a complete repair of this situation. DISCUSSION: The Wheeler's pit area is a broad area that sits directly above the chorus dressing room, which is another broad area without additional vertical braces or supports. On the pit floor sits the fixed scaffolding system that fills the orchestra pit throughout the fall-to-spring months (usually with seating on top of it), and during the Aspen Music Festival's summer opera season the floor supports a chamber orchestra. During its fall-to-spring season, the Wheeler occasionally removes the seating on the pit lid for the audience to dance on, which was seen as a priority during the 2005 organizational audit for the facility. Because Wheeler staff was caught without sufficient time to complete a full repair at the end of the 2008 summer season, an outside engineering firm (Schmueser Gordon Meyer) was secured and an emergency reinforcement was completed using tubed steel inserted under the pit floor, with the idea that this would suffice until the next available construction period in May 2009. The emergency repair, while sufficient for getting through the 2008-2009 season, was not sufficient to support active motion such as would be associated with dancing on the pit lid, thus somewhat limiting the bookings that could be done this past winter season. Schmueser Gordon Meyer was further contracted through a formal Request For Proposals process to research and draft a permanent solution for the pit repair. With Wheeler staff, SGM then drafted specifications for tear-out and construction of a permanent repair. The specifications were included in a formal Invitation to Bid that was issued on March 9th. Six (6) bids were received and the lowest responsible bid was examined by Wheeler staff and representatives of SGM for appropriateness and responsiveness to the criteria in the ITB. Upon this full review, PNCI Construction, Inc., has been determined to be the most responsive bidder FINANCIAL IMPLICATIONS: The contract award amount is $35,310, and is inclusive of demolition, fabrication and delivery, and installation. Funds for this repair were not included in the 2009 operating or Asset Management Plan budgets. As this is in response to an emergency structural repair, staff recommends that funding for this contract come from departmental savings. ENVIRONMENTAL IMPLICATIONS: Responsible disposal of old materials, some delivery and staging impacts. RECOMMENDATION: Staff and Board recommend approval of the attached contract ALTERNATIVES: As this is in response to a situation that compromises public safety, Wheeler staff feels that there are no real alternatives to the repair, nor is holding off on the project in the public's best interests. PROPOSED MOTION: Council moves to approve Resolution #c23 to contract with PNCI Construction, Inc, for the purposes of tear-out and repair of the Wheeler's pit floorjoisting and structure. CITY.MANAGER COMMENTS: / ~P.CdJU.CLI~lll(~( C~~YmRNn_I~ V ~ Y ~-u7 ~6w~~ RESOLUTION #a,~ (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND PNCI CONSTRUCTION INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING WHEELER PIT FLOOR REMOVAL AND REPLACEMENT 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 PNCI Construction Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and PNCI Construction Inc regarding Wheeler Pit Floor Removal and Replacement 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 April 13, 2009. Kathryn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION T"' c"' `" ;~°' THIS AGREEMENT, made and entered into on April 13, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and PNCI CONSTRUCTION, INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepazed, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Wheeler Pit Floor Removal and Replacement, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awazded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendaz days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed THIRTY FIVE THOUSAND THREE HUNDRED TEN ($35,310.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents aze included herein by this reference and made a part hereof as if fully set forth here. Page 1 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. Mcc~ IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: By: City Attorney CONTRACTOR P'R1CI Cc~sTRUCx.'~.: ~=~~ By: ~~ Title: ~Rf~f'tUEUT Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF I rC( SS. COUNTY OF P~ ++) On this day of ~~ ~1 1I Fra n ~ ~. ~ae~'n-h 2009, before me appeared to me personally known, who, being by of t' Nl ~_ I (~!'F~Tf"UGtI ~rl, 11-tC' . and that the seal affixed to said instrument is the corporate seal of a d 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. Notary Public 3D~~ Cie ~ Address ~ 4~~ <~ My commission expires: O KF11~ z3, L SUMMERS ~±~"''~:~I;tY PUBLIC STA~I~~.~ ~~~ COLORADO maeiun E~Irea January 11, 2012 CC1-971.doc Page4 °CC7 Certification and Suuulemental Conditions to Contract for Services - Conformance with &8-17.5.101. et sea. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entfUed "Illegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illcgal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by ail persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and b}' this reference aze incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public l.aw 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regazdless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order W verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and EmpioyTnent undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- ]02 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 5-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: ~/v 1}~~LC~.R P%T FLOn~t RkHW~ ~aNO i2eit..AeEriErtr Contrac ~: ~NC ~ ~usT~ucr i~~ tue. By: _~ ~ n Title: ~RFSt~~t3f 7PW-saved: 8/3/2006-867-M:\city\Ciryatty\contract\formsbertification - hb-06-1343.dac v~~ MEMORANDUM TO: Mayor and City Council ,~~, ~,~~~ FROM: Scott Chism, Project Manager, Parks and Recreation Dept~~~• Austin Weiss, Trails Coordinator, Parks and Recreation Dept. ~ THRU: Stephen Ellsperman, Parks and Open Space Directo/~~E~~ C/ Jeff Woods, Manager of Parks and Recreation 1~ DATE OF MEMO: April 1, 2009 MEETING DATE: Apri113, 2009 RE: Resolution #2009-~: Approval of the Engineering Professional Service Contract for the East of Aspen Trail II Project REQUEST OF COUNCIL: At this time we aze requesting you to authorize an Engineering Professional Services Contract for the ENGINEERING DESIGN SERVICES OF THE EAST OF ASPEN TRAIL II PROJECT for the amount of $119,115.00. PREVIOUS COUNCIL ACTION: The City Open Space and Trails Boazd identified trail improvements along the Highway 82 corridor leading into the eastern side of town as a priority project for 2009. City Council concuned with the approval of the 2009 budget for pazks and open space projects. BACKGROUND: The Engineering Consultant, JR Engineering, was selected from a group of nine (9) qualified engineering consultants to provide design services for trail alignment and trail structure solutions for a trail alignment planned between Cooper Avenue at the Roazing Fork River and Stillwater Drive. The Engineering Consultant has developed a work scope that should be acceptable to the City in order to complete design development drawings, construction drawings, specifications and CDOT coordination necessary for construction of trail improvements pazallel to the highway corridor. The Engineering Consultant is required to assist City staff to fully develop an improved pedestrian bridge connection at the Cooper Avenue bridge, structural solutions for a trail alignment neaz Crystal Lake and adjacent to the Knollwood Subdivision. DISCUSSION: The East of Aspen Trail II is a trail linkage that will connect Pitkin County's East of Aspen trailhead at Stillwater Drive to the city's sidewalk infrastructure located just west of the Roazing Fork River at Cooper Avenue. The City of Aspen Open Space and Trails Boazd has identified this trail linkage as one of their highest trail connection priorities. The proposed Page t of 3 trail will basically run pazallel to Highway 82 and will be designed as a sepazated trail whenever physically possible. The existing condition of this connection is problematic due to disconnected sections of trail and the necessity of pedestrians and bicyclists utilizing the highway shoulder as a trail corridor. A number of dangerous azeas of conflict exist within the corridor. Staff believes a series of design solutions can be developed to create an entire connected and safe trail alignment into the eastern side of town. The two primary cost drivers for the project will be design ~•' ~Qbrdination with the Colorado Department of Transportation (CDOT) and the construction structural components of the pedestrian trail, including retaining walls and bridges. Design work for the East of Aspen Trail II will commence following contract approval and continue through August 2009. Limited construction work-is currently anticipated to begin in September 2009 and continue into the summer of 2010. FINANCIALBUDGET IMPACTS: A comprehensive project budget of $1,492,000.00 was established in late 2008 and approved by City Council. The budget is a combination of the following 2009 and 2010 funding sources: 2009 Appropriations: Crystal Lake Bridge $77,000 2009 Appropriations: East of Aspen Trail Phase II $276,000 2009 Appropriations: East of Aspen Pedestrian Connection $800,000 2010 Appropriations: East of Aspen Trail Phase III $111,000 2010 Appropriations• East of Aspen Pedestrian Connection $228.000 Total East of Aspen Trail II budget $1,492,000 The' funding sources listed above were established for individual segments of necessary trail corridor improvements. Late in 2008, the total scope of the project increased per City Council direction. The "East of Aspen Pedestrian Connection" was contained within the Pedestrian Improvement Plan but late in 2008, the scope of work was removed from the Pedestrian Improvement Plan and combined by City Council into the approved trail improvements originally planned for the critical East of Aspen corridor. City Council provided direction to Parks Department staff that the combined East of Aspen "sidewalk" and trails projects would be a good fit together to accomplish the comprehensive trail improvements that were authorized as part of trail planning by Pazks Department staff and the Open Space and Trails Board. The Engineering Consultant, JR Engineering proposes to complete the Scope of Services covered under this Engineering Professional Services Contract for One Hundred Nineteen Thousand One Hundred Fifteen Dollars ($119,115.00). The technical nature of the likely structures necessary to create reasonable trail platforms has primarily contributed to the design cost. The primary `wildcazd' relative to the project budget is the level of work that will be necessary to meet probable license agreement requirements of CDOT given that much of the proposed trail alignment will be located within CDOT right-of--way. Depending on the design solution, supplemental funding may be necessary to the project budget, or sections of the proposed trail may be delayed until additional funding can be determined. As the Engineering Consultant develops a design solution with staff, CDOT and public input, construction cost estimates will be prepared to allow evaluation of the project and effects to the project budget. JR Engineering has Page 2 of 3 worked effectively with the City's Engineering Department on past projects as well as with Pitkin County and the Town of Carbondale. ENVIRONMENTAL IMPACTS: The East of Aspen Trail II will provide a connection between the existing East of Aspen Trail located in Pitkin County and the city's eastern sidewalk infrastructure located just west of the Roaring Fork River at Cooper Avenue. This corridor is well used by pedestrians and bicyclists as a way to enter Aspen from the east, but is unsafe. Users are forced to utilize the highway shoulders as a travel route. This `trail' experience is poor, especially during the summer months when both community trail use and vehiculaz travel on Highway 82 east of Aspen is high. Abetter, safer trail connection will potentially encourage more trail use between the McSkimming, Mountain Valley and Riverside neighborhoods and central Aspen and reduce vehicular trips on the highway. RECOMMENDED ACTION: Staff is recommending Council approval of the Engineering Professional Services Contract for the East of Aspen Trail II Project in order to allow the design and construction documentation to be completed. ALTERNATIVES: Council could choose not to approve this Professional Services Contract, which would delay the design and construction documentation of design solutions intended to make this proposed trail corridor safer to the general public. Construction of any improvements would likely be delayed until at least 2010, which would run counter to the intent and recommendations of the City Open Space and Trails Boazd. PROPOSED MOTION: I move to approve the Engineering Professional Services Contract between the City of Aspen and the Engineering Consultant, JR Engineering for the East of Aspen Trail II design and construction documentation for the amount of One Hundred Nineteen Thousand One Hundred Fifteen Dollars ($119,115.00). CITY MANAGER ATTACHMENTS: Attachment A: Engineering Professional Services Contract Page 3 of 3 RESOLUTION NO.~ Series of 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ENGINEERING PROFESSIONAL SERVICES CONTRACT FOR THE EAST OF ASPEN TRAIL II PROJECT BETWEEN THE CITY OF ASPEN AND J.R. ENGINEERING AND AUTHORIZING THE MAYOR OR CITY MANAGER TO ACCEPT SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council, an engineering professional services contract between the City of Aspen and J.R. Engineering, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves an engineering professional services contract, between the City of Aspen and J.R. Engineering for the East of Aspen Trail II Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to approve said engineering professional services contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the -day of , 2009. 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 Attachment A AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and JR Engineering. ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto, and by this reference incorporated herein. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than October 30 2009. 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. Payment. 1n consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $119.115.00. Professional shall submit, in timely fashion, invoices far work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assi aen bility. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional; and the City may withhold any payments to the Professional for the purposes of set- off until such time as the exact amount of damages due the City from the Professional may be determined. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perforn 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 insurance and unemployment insurance, 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 subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which azise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) For each accident, 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 Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits far bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occunrence and ONE MILLION DOLLARS ($1,000,000.00) 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 sevetability 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. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or can•ied by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The"certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, 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, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary (imitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seg., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. Completeness of A ear 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. 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: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Michael Brake JR Engineering 801 Colorado Avenue Glenwood Springs, CO 81601 Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non- discrimination in employment. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard 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 teen, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms 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 shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contmct. 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. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby 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. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are 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] ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: WITNESSED BY: ~ ~ C. ~ /,~ ~ ~ e , ,y~~ C L C f By: ~.~~~ /~ ~. r Title: ~i c~ ~~4-t~~~"~__ Date: ~" ' y ,~ ~ (~ ~~ clay of Aspen East of.9spen Traid Improvements 91Z's Project Manager will be responsible for quality control review of project deliverables. He will schedule checks of design calculations, plan drawings, project specifications, and quantity calculations for all design disciplines. Our established Quality Assurance Division will conduct independent quality assurance reviews of each plan and specification package before submittal to the client. Our reviews will check for consistency with the client's requirements, constructability, inconsistencies between plans and specifications, and inconsistencies within the plans. Qtrality is directly related to schedule manpgement. JR will finish design production to allow adequate time for thoroughquality checks and to allow the design team to make revisions, if necessary. Qualitq Control will also be performed through the duration o€ the project by each discipline Lead Engineer. 1t. is essential for a successful project "thaC quality control be intense and continuous, even at the beginning: of design and drawing development. Our Team's immediate availability will allow us to deliver the specific items within the following schedule: Proiect Timeline: s:~ '~ :~ "-'~ €" w' [_ ~. Exl~iba~ 9 I4'ork Plan Page s - Preliminary and final plan,and profile of trail alignment. - Trail cross-sections for new trail sections at 5Q foot intervals. IIN~~A IY, ~INI4 /'IIWA\A 'INNI Notice,to Proceed April 14, 2009 Project Kickoff Meeting .................................... April 14, 2009 Schematic Design /Alternative Analysis ................... May 4, 2009 Public Presentation ofSchematic Designs ................. May 14, 2009 Presentation of Public Preferred Alternative ............... May 21, 2009 60%,Engineering Documents and Cost Opinion........... June 15, 2009 Staff Review .................................................... June 29, 2009 90% Final Engineering / Constru_ coon Cost Estimates July 27, 2009 Staff Review Completed .................................... August 10, 2009 Bid Documents and Specifications ...................... August 31, 2009 Advertise for Construction Bids .......................... September 7, 2009 We believe that the City needs to understand exactly what will be provided as an end product. All work complcled will be to.CDOT Standards and Specifications and Pitkin County frail Standards.. 'I'o that end JR Engineering proposcs.to deliver the following: J•R ENGINEERING A Westtizn [omAZny ;. C'atB' of Aspeaa Gost ofAspeae Troillaaaprovements Exhil~i~ 'A' c®ntinuec! ~®r1L P1QdE Page 9 ...T,,,. _ .. Structural Plans and Construction Details. - Drainage calculations for all proposed culverts used to convey storm water runoff. - A complete grading plan showing proposed and existing contours, grading impacts and limits of disturbance. - An Erosion control Plan. - Site Plan. - Signage and Striping Plans. - Stormwater Management Plan. - Construction Staging and Traffic Control Plans. - Technical Spec cations Specials. - Complete Bid Documents including Contract and General Conditions. - Detail sheets. - Preliminary and final construction cost estimates. - Exhibits to be used for public meetings. a e ..,,.,, x. ;~"s;. ,~~~.,n~.Y.yMrv •~ J•R ENGINEERING IYIWI.Y.1 !INNI ,® A Wesirian Company ExF~ibit 'A' continued City of Aspen East of Aspen Traid Improvements Cost ofSe®vices Ssrmmary Page I Geotechnical Investigation $9,500.00 Roaring Fork River Crossing $13,"145.00 Retaining Walls $6,630.00 Crystal Lake Platform $16,550.00 Ute Creek Spur Bridge $8,710.00 Preliminary Engineering Plans $17,900.00 Final Engineering Plans $23,490.00 Bid Documents $7,830.00 Construction Management - $10,560.00 Reimbursable Expense 4 800.00 ADDITIONAL SERVICES The following are additional fees if necessary: I. JR Engineering has not included costs for title commitments, aerial survey's, and boundary survey's of the property. We have assumed that this information will be provided electronically to JR Engineering. 2. JR Engineering has not included costs for utility potholing. 3. JR Engineering has not included electrical design costs for the streetlights. 4. The above tee includes an estimated budget for Reimbursable Expenses, which includes reproduction of plans, vehicle mileage, and miscellaneous delivery costs. These expenses will be reimbursed on a time and materials basis and the client will be notified if the estimated budget will be exceeded. 5, JR Engineering has not included costs for applications and review fees. G. JR Engineering has not included vests Ibr'I'mffic ['sngincering. 7. JR Engineering has not included costs lix linvinnuncntal lingincering services. IXurX l.r. .4xN IrNlttr 'Ixvl J•R E1vGIIVEERIlvG fl WESiY1M1 t01t1}H111Y TOTAL 5119.115.00 6 ~7C~11~1~ ~ 9 H®arly hate Sclaedwle Level 1 Engineering Assistant /Design Technician Assistant /Survey Assistant /Clerical $ 55 Level 2 Engineering Assistant I /Design Technician I /Surveyor Assistant I $ g5 Leve13 Engineering Assistant II /Design Technician II /Surveyor Assistant II $ 90 Leve14 Engineer I / Designer I / Surveyor I / Inspector I / Geologist I /Construction Engineer I $ 95 Leve15 Engineer II / Designer II / Surveyor II / Inspector II /Geologist II /Construction Engineer II $100 Leve16 Project Engineer /Project Designer /Project Surveyor /Project Inspector /Project Geologist / Construction Project Engineer $I 10 Leve17 Project Lead $120 Level 8 Production Manager /Client Manager $130 Level 9 Project Principal $170 Field Survey $140 Direct Expenses Cos! Plua 10°~ Effective January 1, 2009 This Schedule ol'Rates is considered "Company Confidential "and shall not be released to a third party without written permission ofJR Engineering. J°R EIVGIlvEEIaIIVG A Wn,Nian fampany ,. . Professional Hourly Rate VlG MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: Apri13 2009 RE: Contract Approval 2009-1 FM REQUEST OF COUNCIL: Staff recommends approval of contract 2009-1 FM for the fleet replacement purchase of one (1) small skid steer loader for the Water Department. PREVIOUS COUNCIL ACTION: The Asset Management Plan contains the funds for this purchase. City Council approved the 2009 Asset Management Plan as part of the 2009 Budget. BACKGROUND: This purchase is the result of sole source procurement through Bobcat of the Rockies due to the need for attachment and parts consistency with the other skid steer loaders in the City fleet. Staff has looked into pricing of similaz pieces of equipment to ensure that the price quoted by Bobcat of the Rockies is competitive. DISCUSSION: Staff is asking for approval to replace the 1997 New Holland skid loader that the Water Department currently uses. This machine will be replaced with a Bobcat skid loader model S 330. This machine will be used to take caze of snow plowing and snow removal tasks throughout the winter months. This machine will have the versatility to handle a number of other tasks, such as unloading delivery trucks, minor excavation, landscaping, ditch cleaning and other general earth working issues encountered by the Water Department. The current piece of equipment has been in service for 12 years and needs to be replaced because it is becoming unreliable and requiring frequent repairs. Bobcat of the Rockies has supplied the City of Aspen with all of our mini skid loaders for several yeazs. By switching this machine out to a Bobcat, attachments such as brooms, snow blowers, backhoe, etc. that other departments have will interchange with this machine enabling it to be that much more versatile. FINANCIAL/BUDGET IMPACTS: The Water Fund 2009 Asset Management plan includes$40,000 for this replacement. The price for the new machine with pallet forks and bucket is $40,971. Bobcat of the Rockies is offering an $8,000 trade in on the old New Holland skid loader, which will bring the net contract price to $32,971. Page I of 2 ENVIRONMENTAL IMPACTS: The motor in this machine is an 85 horse power turbo charged diesel motor. It meets EPA's tier 3 specification for low emissions. RECOMMENDED ACTION: Staff recommends approval of contract 2009-1FM for the purchase of an S-330 Bobcat skid loader for the City of Aspen Water Department. ALTERNATIVES: This purchase could be delayed and staff could be directed to continue to operate and maintain the existing piece of equipment despite its age and increasing unreliability. PROPOSED MOTION: "I move to approve Resolution # (~of 2009on the consent calendar of Monday, April 13, 2009 CITY MANAGER ATTACHMENTS: Page 2 of 2 RESOLUTION NO. i Series of 2009 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Bobcat of the Rockies, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Bobcat of the Rockies a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Bobcat of the Rockies 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: , 2009 Mick 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 , 2009 Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID N0.2009 -1 FM THIS AGREEMENT made and entered into, this 24th day of March of 2009, by and between the City of Aspen, Colorado, hereinafter referred to as the "City' and Bobcat of the Rockies. .hereinafter referred to as the "Vendor." VVITNESSETH, that whereas the City wishes to purchase, Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Spec'rfications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of _ Thirty Two Thousand. Nine Hundred Seventy One and no cents dollars ($32 9. 71.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be perforrned, kept and observed by the other party shall be construed, or 7-PURCH operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certrfication Recardina Debarment. Suspension Ineligibility and Voluntary F~cclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without mod'rfication in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the Ciiy to be satisfactory to the City. 12. Warranties Aoainst Contingent Fees. Gratuities Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. ~ - Puizcx In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement wfthout any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of Citv. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Rnancial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availabiliiy of of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Mod'rfication. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify fhe terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 7-PURCH IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: sy: City Manager ATTEST: City Clerk VENDOR: ~Dv ~/~ ~~ ~~/ vJ ey: ~~l ~ ~ y~i ~n a.-,_. Title. 7-PURCH 801~8t. Product Quotation Quotation Number: 688E01783 Date: 2009-03-04 14:44:33 Shiu to Bobcat Dealer Bill To Aspen City Streets Department Attn: Willy Aspen, CO 81611 Phone: (970)920-5131 Fax: (970)920-SOTS Bobcat of the Rockies,Grand Junction,CO 3184 HALL AVENUE GRAND JUNCTION CO 81504-6036 Phone: (970)434-0647 Fax: (970)434-9373 Aspen City Streets Department Attn: Willy Aspen, CO 81611 Phone: (970)920-5131 Fax: (970)920-5015 Contact: Mazk Buchanan Phone: (970)434-0647 Fax: (970)434-9373 Cellulaz:(970)985-6260 E Mail: mazkb @bobcatoftherockies.com Description Part No Qty Price Ea. Total Attachments 100" Snow & Light Material Bucket 6727787 1 $1,834.00 $1,834.00- --- Bolt-On Cutting Edge, 100" 6715464 1 $345.00 $345.00 - 80" C/I Heavy Duty Bucket 6726344 1 $1,514.00 $1,514.00- --- Bolt-On Cutting Edge, 80" 6718008 1 $320.00 $320.00- PalletForkFrame,HeavyDuty 7109332 1 $1,191.00 $1,191.00+- --- 48" Pallet Fork Teeth 6541518 1 $547.00 $547.00.- SBX240 Snowblower - 84" Width 7108223 1 $7,887.00 $7,887.00 Total of Items Quoted Sales total before Taxes Taxes: No Tax Added Quote Total - US dollars Notes: $13,638.00 $13,638.00 $0.00 $13,638.00 All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer must exercise his purchase option within 30 days from quote date. Customer Acceptance: Purenase order: Authorized Signature: Print• Date: Page 1 of 2 Bobcat. Product quotation Quotation Number: 688E01782 Date: 2009-03-06 15:23:10 Ship to Bobcat Dealer Bill To Aspen City Streets Department Bobcat of the Rockies,Grand Aspen City Streets Department Attn: Willy Junction,CO Atm: Willy 3184 HALL AVENUE Aspen, CO 81611 GRAND JUNCTION CO 81504-6036 Aspen, CO 81611 Phone: (970)920-5131 Phone: (970)434-0647 Phone: (970)920-5131 Fax: (970)920-5015 Fax: (970)434-9373 Fax: (970)920-5015 Contact: Mazk Buchanan Phone: (970)434-0647 Fax: (970)434-9373 Cellular: (970) 985-6260 E Mail: mazkb @bobcatoftherockies.com Description S330 Bobcat Skid-Steer Loader Factory Installed Selectable Joystick Controls (SJC) H51 Option Package Cab Enclosure with Heat High Flow Hydraulics FOR SJC Attachment Control Kit - 7 Pin Dealer Installed Engine Block Heater Kit Part No Qty Price Ea. Total M0031 1 $30,958.00 $30,958.00 M0031-RO1-C04 1 $1,331.00 $1,331.00 Moo31-P01-esl 1 $1,513.00 $1,513.00 Power Bob[ach Cab Accessory Harness M0031-R03-C04 1 $1,136.00 $1,136.00 M0031-A01-C01 1 $102.00 $102.00 6720808 1 $180.00 $180.00 Total of Items Quoted $35,220.00 Trade-in New Holland ($8,000.00) Sales total before Taxes and Trades $27,220.00 Taxes: No Tax Added $0.00 Quote Total - US dollars $27,220.00- Notes: All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer must exercise his purchase potion within 30 davs from quote date. CUStOrilel' f~CCeptatlCe: Purchase Order: Authorized Signature: Sign: Date: Page 1 of 2 VIA MEMORANDUM TO: Mayor and City Council FROM: Richard Pryor THRU: Steve Barwick DATE OF MEMO: March 26, 2009 MEETING DATE: April 13~h 2009 RE: Communications Center and Emergency Telephone Services Intergovernmental Agreement Updates REQUEST OF COUNCIL: 1. The Aspen-Pitkin County Communications Center Board wishes to update the intergovernmental agreement concerning "The Continued Operation of the Aspen-Pitkin County Communications Center" (hereafter referred to as the Communications IGA). Please see attachment "A" for the updated copy. 2. The Enhanced 911 Emergency Telephone Services Authority Board wishes to update the intergovernmental agreement concerning "The Continued Operation of an Enhanced 9-1-1 Emergency Telephone Service' (hereafter referred to as the E911 IGA). Please see attachment "B" for the updated copy. PREVIOUS COUNCIL ACTION: 1. The Communications IGA was last updated on February 1~', 1990. Please see attachment "C". 2. The E911 IGA was last updated on August 16'", 1994. Please see attachment "D". BACKGROUND: 1. Both the Communications Board and the E911 Board are currently comprised of the same members; the Pitkin County Sheriff; the Aspen, Snowmass and Basalt Police Chiefs; and one member picked from participating fire or ambulance districts. 2. The Communications IGA provides signing agencies with access to communications services provided by Pitkin County and a means of governance to ensure continued operations of the Aspen-Pitkin County Combined Communications Center. 3. The E911 IGA establishes the Aspen-Pitkin County Emergency Telephone Service Authority, which is responsible for administering the operation of the emergency telephone service program. Page 1 of 3 DISCUSSION: 1. The Communications IGA requires some adjustments to bring it into line with current operating practices. The more significant changes will impact this IGA in the following manner: a. The Aspen Fire Protection District, the Snowmass-Wildcat Fire Protection District, the Basalt and Rural Fire Protection District, the Aspen Ambulance District and the Carbondale and Rural Fire Protection District have been user agencies of the Aspen- Pitkin County Communications Center and have paid their per capita of dispatch services for many years and should be included as participating agencies in the updated IGA. Currently they are not included. b. With the changes the Town of Basalt will have a representative and voting privileges on the board. c. With the changes the five special districts (listed above in 1.a) will have one representative, selected from amongst themselves, with voting privileges. d. Increased performance accountability criteria relative to the Communications Center Director will be established. e. Communications Center billing methodology will be clarified to reflect current practice, which is as follows; an agency's share of funding is based on the agency's percentage of calls for service generated from the average of two years prior. The current agreement lists set percentage shares for participating entities, which are now outdated. f. Please see attachment "E" for details of all changes to the Communications IGA. 2. The E911 IGA requires some adjustments to bring it into line with current operating practices. The more significant changes will impact this IGA in the following manner: a. The make-up of the authority board will be changed to include representation for the Town of Basalt. b. The maximum allowable emergency telephone charge will be raised from seventy cents (0.70) per telephone line to one dollar and twenty-five cents ($1.25) per telephone line. It is the intention of the Emergency Telephone Service Authority Board (hereafter referred to as the E911 Board) to increase the current seventy cent (0.70) charge per line to one dollar and twenty-five ($1.25) cents per line, on approval of this IGA, and pending approval of the Public Utilities Commission. c. Please see attachment "F" for details of all changes to the E911 IGA. FINANCIAL/BUDGET IMPACTS: 1. The revised version of the Communications IGA ensures fair billing to participating entities dependent on those entities share of use of communications services. While participating entities have been billed appropriately based on the updated IGA recommended methodology, approval will incorporate the changes officially. The changes will not lead to increased costs for the City. 2. The revised version of the E911 IGA could lead to some financial changes. With approval of the updated IGA, the E911 Board will increase the telephone line surcharge to one dollar and twenty-five cents ($1.25). This change will enable the E911 Board to fund programs through these service fees rather than through participating agency general funds. It is very difficult to define exactly what savings will be brought to the general funds, however the hope is to supplant some communications center salary costs once the E911 fund has accrued sufficient balance. There is no increased cost to the City associated with changes to this IGA. Page 2 of 3 ENVIRONMENTAL IMPACTS: Approval of both of these IGA's should have no environmental effects. RECOMMENDED ACTION: I recommend approval of both the Communications Center IGA and the Enhanced 911 Emergency Telephone Service IGA. ALTERNATIVES: Both of these IGA's need to be updated to provide for the smooth and efficient service to the community as well as sound governance structures. However, if there are certain sections that need further review, that is an option. PROPOSED MOTION: "I move to approve ~ GE/ concerning revisions related to: 1. The Aspen-Pitkin County Communications Center intergovernmental agreement, and 2. The Enhanced 911 Emergency Telephone Services Authority Intergovernmental Agreement." CITY MANAGER COMMENTS: ATTACHMENTS: "A" - Proposed Aspen-Pitkin County Communications Center Intergovernmental Agreement. "B" - Proposed Enhanced 911 Emergency Telephone Services Authority Intergovernmental Agreement. "C" - 1990 Communications Center IGA "D" - 1994 Enhanced 911 IGA "E" - Recommended revisions to the 1990 Communications Center IGA "F" - Recommended revisions to the 1994 Enhanced 911 IGA Page 3 of 3 RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING REVISED COMMUNICATIONS AND EMERGENCY TELEPHONE AUTHORITY INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF ASPEN; PITKIN COUNTY; THE TOWN OF SNOWMASS VILLAGE; THE TOWN OF BASALT; THE ASPEN FIRE PROTECTION DISTRICT; THE SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT; THE BASALT AND RURAL FIRE PROTECTION DISTRICT; THE ASPEN AMBULANCE DISTRICT; AND THE CARBONDALE AND RURAL FIRE PROTECTION DISTRICT SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE USE OF THE ASPEN-PITKIN COUNTY COMMUNICATIONS CENTER AND THE CONTINUED OPERATION OF THE ASPEN-PITKIN COUNTY EMERGENCY TELEPHONE SERVICE WHEREAS, there has been submitted to the City Council two intergovernmental agreements between the City of Aspen; Pitkin County; the Town of Snowmass Village; the Town of Basalt; the Aspen Fire Protection District; the Snowmass-Wildcat Fire Protection District; the Basalt and Rural Fire Protection District; the Aspen Ambulance District; and the Carbondale and Rural Fire Protection District copies of which are annexed hereto and made a part hereof. 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 the intergovernmental agreements between the City of Aspen; Pitkin County; the Town of Snowmass Village; the Town of Basalt; the Aspen Fire Protection District; the Snowmass-Wildcat Fire Protection District; the Basalt and Rural Fire Protection District; the Aspen Ambulance District; and the Carbondale and Rural Fire Protection District, regarding the use of the Aspen-Pitkin County Communications Center and the continued operation of the Aspen-Pitkin County Emergency Telephone Service, copies of which are annexed hereto and incorporated herein, and does hereby authorize the Mayor of the City of Aspen to execute said intergovernmental agreements on behalf of the City of Aspen. 1 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2009. 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 2 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF THE ASPEN-PITHIN COUNTY COMMUNICATIONS CENTER THIS AGREEMENT, made as of the date last below signed, by and between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as "County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen", the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as "Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt", the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND RURAL FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". WITNESSETH: WHEREAS, the above-listed parties have operated a joint public safety communications system serving their respective jurisdictions, pursuant to agreements dated Febmary 23, 1976, and January 3, 1983, and February 1, 1990; and WHEREAS, the parties agreed to a restructuring of this system whereby the system became a deparhnent of the County, which then contracts with Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire to provide services to them (and to other user agencies) for an established fee; and WHEREAS, the parties desire to enter into an intergovemmental agreement regarding the continued provisions of emergency communication services, which agreement is intended by the parties to replace and supersede all earlier agreements, amendments and additions thereto. NOW, THEREFORE, COUNTY, ASPEN, SNOWMASS VILLAGE, BASALT, ASPEN FIRE, SNOWMASS FIRE, BASALT FIRE, ASPEN AMBULANCE, AND CARBONDALE FIRE AGREE AS FOLLOWS: Final 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement 1. This agreement shall replace and supersede all prior agreements between the parties, including the agreements between the parties dated February 23, 1976, January 3, 1983 and February 1, 1990, which established a Joint Communications and Emergency Services Board. 2. The parties agree that the existing joint public safety communications system is a department of and under the supervision of the County. The Department is known as the Aspen-Pitkin County Communications Center ("Center"). 3. As partial consideration of this agreement, all right, title, and interest to all assets of the existing joint public safety communications system including, without limitation, all equipment, hardware, software, furniture, fixtures and supplies, have been irrevocably transferred and conveyed, free of charge, by Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire to the County without compensation therefore. Provided, however, that portable and mobile radios, pagers and associated equipment belonging to Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire are excluded and remain the property of the respective entity. 4. All employees of the Center are County employees. 5. The County hereby appoints its Sheriff (or his designee) as the administrator responsible for the Center. 6. The County, through the Center, shall supply emergency communications services to Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire under the terms and conditions contained in this Agreement and, in furtherance of this obligation, the parties agree that the operation and maintenance of the Center and the system shall be governed by a Joint Communications Services Board (hereinafter called the "Board") which shall be comprised of the following individuals: a. Sheriff of the County of Pitkin, or his designee in writing; b. Police Chief of the City of Aspen, or his designee in writing; c. Police Chief of the Town of Snowmass Village, or his designee in writing; d. Police Chief of the Town of Basalt, or his designee in writing; Final 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement e. A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. 7. It is agreed and understood by the parties that the Board shall have the following duties, responsibilities and powers regarding the operation and maintenance of the Center and the communications system: a. Establish a policy for the supply of efficient communications services by the Center to the County, Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire (and to other user agencies) on a proportionate and equitable basis and a policy for the fees to be charged for such services. b. Employ and have the power to discharge a Director of the Center, subject to the requirements and procedures of the County personnel system. c. Conduct an annual performance evaluation of the Director of the Center, subject to the requirements and procedures of the County personnel system. d. Review the performance and operation of the Center and the communications system and make recommendations to the Board of County Commissioners (through the Sheriff or his designee) concerning the efficient performance and the annual budget for the Center. e. Provide policy guidance and direction to the Director of the Center as the Board deems necessary and appropriate. £ Hear and decide all operational disagreements between the Director and the user agencies of the Center. g. Establish guidelines for providing public safety communications services to other public safety agencies as feasible and appropriate. Approve and supervise the administration of all service agreements with other user agencies. 8. The Board shall meet quarterly and at such other times as requested by either the Director or a Board member. Quarterly meetings shall be held in March, June, September and December on the third Thursday of the months listed. From time to time, meetings may be rescheduled. A majority vote of the five voting members of the Board is necessary for decisions to be made. The Board shall select its own Final 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement Chairman and shall make such other rules and regulations for its conduct as it may deem necessary. 9. The parties agree and understand that the operations of the Center and the joint communications system shall be supervised by a Director, who shall have the following authority, duties and responsibilities: a. Act as the Administrative Assistant to the Board and the Emergency Telephone Service Authority Board by: (1.) Scheduling all quarterly meetings including: the drafting of agendas, recording of minutes and the storing of records for both boards. (2.) Preparing and recommending a draft annual operating budget by June's quarterly meeting of each year, for both boards. Provide an approved budget by the Board of County Commissioners by December's quarterly meeting. (3.) Preparing a drafr final accounting of all revenues and expenditures for the program for the prior year, by March's quarterly meeting of the subsequent year, for both boards. Provide an approved final accounting of al] revenues and expenditures for the program for the prior year by June's quarterly meeting for both boards. (4.) Presenting quarterly financial and activity reports at every quarterly board meeting of both boards. b. Responsible for the day-to-day operations and long-range planning of the Center as directed and with the policy guidelines established by the Board. c. Employ and have the power to discharge all Center personnel, subject to the requirements of the County personnel system. d. Apply for such grants as are deemed necessary and desirable for the operation or upgrade of the communications system. e. Participate in the Pitkin County Public Safety Council and any other local, regional or state organization or group that would benefit the Center and the other parties hereto. Final 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement 10. It is agreed and understood between the parties that the Center shall perform the following communications, computer services, record keeping and miscellaneous functions: a. Communications: (1.) Receive calls from the public on the emergency and dispatch phone lines and those transferred by all user agencies for emergency service. (2.) Dispatch such calls to the appropriate agency personnel. (3.) Provide requested Colorado Crime Information Center ("CCIC") and National Crime Information Center ("NCIC") computer and file information to law enforcement personnel in accordance with the CCIC user agreement. b. Computer Services: (1.) Receive, enter and disseminate all CCIC and NCIC information as requested by law enforcement personnel. (2.) Comply with the terms of the CCIC user agreement. (3.) Maintain and upgrade all computer systems as deemed necessary. c. Recordkeeping: (1.) Issue monthly statistical reports as requested by user agencies. (2.) Other recordkeeping as negotiated between the Center and the Board. d. Miscellaneous Functions: (1.) Answer law enforcement agency user administrative phones as requested. (2.) Other functions as negotiated between the Center and the Board. 11. Annual budgets and any budget changes shall be first approved by the Communications Board and then forwarded to the Sheriff (or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final accounting of all revenues and expenditures for the program for the prior year shall be completed by June's quarterly meeting of the subsequent year. 12. The funding shares of the user agencies to the Center shall be determined annually based on the user agencies' percentage of calls for service generated from two years prior. Calls for services are calls dispatched and agency initiated calls. Final 03/25/09 5 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement 13. This agreement shall become effective on the last date of the signatures of all parties hereto and may be renewed on an annual basis as provided in Section 15. 14. Any party hereto may terminate this Agreement afrer at least 180 days' written notice to the other parties, and it is agreed that such termination will not affect the rights and interests acquired by the respective parties during the term of this Agreement if such interest, has, in fact, been acquired. If reimbursement is to be made, it shall be based on services performed and work completed to date of termination. 15. It is the understanding of the parties that this Agreement may be renewed and/or modified on an annual basis by the adoption of an annual budget for each successive year. 16. As a County-owned and operated system, all costs not specified otherwise herein (insurance, administration, etc.) shall be the responsibility of the County. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year herein set forth. Final 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement COUNTY OF PITKIN By Chair BOCC Date Fina] 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement CITY OF ASPEN By Mayor Date Final 03/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement TOWN OF BASALT Mayor Date Fina103/25/09 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement TOWN OF SNOWMASS VILLAGE By Mayor Date Final 03/25/09 10 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement ASPEN FIRE PROTECTION DISTRICT By Chair Fina103/25/09 11 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement BASALT AND RURAL FIRE PROTECTION DISTRICT By Chair Final 03/25/09 12 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT By Chair Fina103/25/09 13 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement CARBONDALE ARE RURAL FIRE PROTECTION DISTRICT By Chair Date Final 03/25/09 14 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement ASPEN AMBULANCE DISTRICT By Chair Date Final 03/25/09 15 Aspen-Pitkin County Emergency Telephone Service Authority Intergovemmental Agreement INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF AN "ENHANCED 9-1-1" EMERGENCY TELEPHONE SERVICE THIS AGREEMENT, made as of the date last below signed, is by and between the following parties: COUNTY OF PITICIN, a body politic and corporate hereinafter referred to as "County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen", the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as "Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt", the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND RURAL FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29, C.R.S., as amended, the above-listed parties have operated a joint emergency telephone services serving their respective jurisdictions, pursuant to agreement dated August 16, 1994; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages and authorizes agreements of this nature; and WHEREAS, it would serve the public welfare and be in the best interest of all of the above-references parties to continue to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the following purposes: 1. To continue in existence a separate legal entity known as the "Aspen-Pitkin County Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program; and Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovemmental Agreement 2. To define the manner in which each of the parties will participate in the Authority; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: I. The definitions for the terms "emergency telephone charge", "emergency telephone service", "exchange access facilities", "governing body", "public agency", "service supplier", "service user", and "rates" as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101, C.R.S. as amended. II. GENERAL PROVISIONS The parties hereby agree to continue their participation in a separate legal entity to be known as the "Aspen-Pitkin County Emergency Telephone Service Authority" which shall be responsible for administering the operation of the emergency telephone service program as described below. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The governing Board for the Authority shall consist of five (5) members which shall be comprised of the following individuals: 1. Sheriff of the County of Pitkin or his designee in writing; 2. Police Chief of the City of Aspen or his designee in writing; 3. Police Chief of the Town of Snowmass Village or his designee in writing; 4. Police Chief of the Town of Basalt or his designee in writing; 5. A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. IV. RULES AND REGULATIONS Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The governing board for the Authority may pass supplementary rules and regulations as it deems necessary provided the supplementary rules and regulations are in compliance with Articles 1 and 2 of Title 29, C.R.S., as amended, and this Intergovernmental Agreement. Any capital expenditures of $25,000.00 or greater shall require atwo-thirds (2/3) vote by the governing board of the Authority. V. POWERS OF THE AUTHORITY The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone service and may pay such costs by collecting an emergency telephone charge for such service in the service area which is within the jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution of the respective parties hereto. The Emergency Telephone Service Authority is hereby authorized to collect an emergency telephone charge as imposed by the governing bodies of the respective parties in an amount not to exceed one dollar and twenty five cents ($1.25), in those portions of the service area for which emergency telephone service is to be provided. The funds so collected shall be spent solely to pay for the equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone service, monthly recurring charges billed by the service suppliers for the emergency telephone service or any other items stated in Section 29-11-104, C.R.S. as amended. The funds so collected shall be credited to a cash fund separate and apart from the general fund of any public agency parties under this Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried over to the next succeeding year for the same purposes in supplying emergency telephone service. If the emergency telephone service is ever discontinued, any balance in the account may be transferred to the general fund of the public agencies on a proportionate basis as to the contributions made by each respective public agency. In addition, the Authority may do any other act allowed by law as may be necessary for the provision of initial services and for the continued operation of the emergency telephone service; including, specifically, the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided to the users. Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement VI. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE AUTHORITY The parties hereto agree that the basis for contribution and charges to be imposed on "Service Users" shall be in accordance with the provisions governing the same in C.R.S. 29-11- 101 et seq. The parties agree that the Authority may request from the service supplier those figures required to impose a contribution or charge and to make a determination of the contribution or charge based on those Figures. The parties further agree whenever those figures are required for any contribution or charge, the figures used shall be the most recent available at the time such figures are needed, unless otherwise specified herein. VII. BUDGET AND OPERATING COSTS In the event that the Authority believes funds for operating costs not paid by the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by the annual budget deadline of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County Commissioners not be forthcoming, or if any funding so provided shall be deemed insufficient by the Authority, the Authority may then present its request to the parties hereto who shall consider the budget submitted and determine a basis for contributing to the budget request at that time; however, no party may be obligated for the payment of any monies without its prior approval. VIII. FUNDS AND OPERATIONS The various monies paid into the Authority by the parties hereto, for operating costs shall be used by the Authority solely for operating costs. Further, the various monies paid into the Authority pursuant to the uniform charge per exchange access facility shall be placed in a separate designated cash fund and shall be paid from said fund only for equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement service, and for the monthly recurring charges billed by the services suppliers for the emergency telephone service or as stated in Section 29-11-104, C.R.S. as amended. No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by the Chair and Administrative Assistant of said Authority. The Authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority, with which to pay the same. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. Nothing herein, however, prevents the Authority from returning any surplus operating revenues provided by the parties hereto for the operation of this emergency telephone service to the respective parties hereto in the same proportion that said parties were originally required to contribute for operation. IX. BOOKS AND RECORDS The Authority shall maintain adequate and correct accounts of their funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. The Authority shall cause to be conducted an annual audit, if requested, which audit shall be conducted by an independent certified public accountant licensed to practice in the State of Colorado. The Authority shall file a copy of said audit with the governing bodies of the respective parties hereto. X. REPORTS If requested, the Authority shall prepare and present to the respective city councils, boards of directors of the special districts, and Board of County Commissioners of Pitkin County, a Comprehensive Annual Report of the Authority's activities and finances during the preceding year. Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal and/ or state officials or to whom such report is required to be made in the course and operation of the Emergency Telephone Service Authority. The Authority shall also render to the parties hereto, at reasonable intervals, such reports and accounting as the parties hereto may from time to time request. XI. DEFAULT IN PERFORMANCE In the event any party fails to pay its share of the operating costs then due, or to perform any of its covenants and undertakings under this Agreement, the Authority shall cause written notice of the Authority's intention to terminate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said defaults within said thirty (30) day period, the membership in the Authority of the defaulting party shall thereupon terminate and said party shall thereafter have no voting rights as a member of the Authority at any annual or specific meetings thereof, nor be entitled to representation on the Authority, and said party shall thereafter be denied service by the Authority. Furthermore, any party who is terminated under the provisions of this Section of the Agreement shall forfeit all right; title and interest in and to any property acquired by the Authority to which said party may otherwise be entitled upon the dissolution of this Agreement. This article is not intended to limit the right of any party under this Agreement to pursue and all other remedies it may have for breach of this Agreement. XII. TERMINATION OF AGREEMENT A. This Agreement shall be in full force and effect upon the execution of this Agreement by al] of the parties listed herein, and shall continue in full force and effect, subject to amendments, or until sooner termination by a majority of the parties hereto. B. This Agreement, or any party's participation in this Agreement, may be terminated by written notice from the party or parties to the Authority at least one hundred eighty (180) days prior to January 1 of any given year. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement necessary to make an effective disposition of the property, equipment and monies required to hold pursuant to this Agreement. D. In the event that any party hereto elects to terminate its participation in the Agreement prior to the end of any period of this Agreement not in accordance with subsection B of this Agreement and accordingly shall forfeit its entire interest in the emergency telephone service. Provided however, if in the event that any party in good standing hereto elects to participate in an emergency telephone service other than that operated by the Authority created hereby, such party or parties shall have the right to utilize any and all network equipment installed in service supplier facilities and paid for by the Authority without charge or reimbursement to this Authority subject, however, to any or all costs charged by the service supplier. XIII. AMENDMENT This agreement maybe amended by the parties from time to time, but any amendment shall be in writing and executed by all the parties hereto. XIV. SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or applications, and to this end the provisions of the Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year herein set forth. Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement COUNTY OF PITKIN Chairman BOCC Final - 03/25/09 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CITY OF ASPEN By Mayor Date Final - 03/25/09 9 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF SNOWMASS VILLAGE By Mayor Date Final - 03/25/09 10 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF BASALT Mayor Date Final - 03/25/09 11 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN FIRE PROTECTION DISTRICT By Chairperson Date Final - 03/25/09 ] 2 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement BASALT AND RURAL FIRE PROTECTION DISTRICT Chairperson Date Final - 03/25/09 13 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT By Chairperson Date Final - 03/25/09 14 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By Chairperson Final - 03/25/09 15 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN AMBULANCE DISTRICT Chairperson Date Final - 03/25/09 16 t~~tLa CII~t.~nC~ sl1T{A~:.:eaR• .....d=..,;r "•,r •.. '... -_':..' ~ F_~a:.....~.'.i~'''Ei~`- ~lpRP1R:Rlf'st~ atWC,r~snwv 1990 Communications Center IGA C ~0 _ ~ f., .._ .... ,~v ' ~.. . PITKIN COUNTY ~. ~G' v,> _7 CITY OF ASPEN G~ TOWN OF SNOWMASS VILLAGE TOWN OF BASALT j IZJ'ERGOVERNMENTAL AGREEMENT CONCERNING THE COi`("rNIiED OPERATION muv TCDFN~PTTKTN COUNTY COtR•SUNICA`"TONS C~'NTER THIS AGREEMENT, made as of the date lasti below signed, by and between the BOARD of COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("County"), the CITY OF ASPEN, COLORADO ("City"), the TOWN OF SNO4sIMASS VILLAGE, COLORADO ("Town"), and the TOWN OF BASALT, COLORADO ("Basalt"). WHEREAS, County, City, Town, and Basalt have operated a joint public safety communications system serving their respective jurisdictions, pursuant to agreements dated February 23, 1976 ar.d January 3, 1983; and WHEREAS, the parties agreed to a restructuring of this system whereby the system became a department of ':.he County, which then contracts with the City, Town, and Basalt to provide services to them (and to other user agencies) for an eetablished. fee; and WHEREAS, the parties desire to enter into an itttergoVernmental agreement regarding the Creation of this department and the provision of emergency communications services for the calendar yea. 1990, which agreement is intended by the parties to replace Final 2/1/90 1 1 r~'g Offac men C 1990 Communications Center IGA and supersede all earlier agreements, amendments and additions thereto. NOW, THEREFORE, COUNTY, CITY, TOWN, AND BASALT AGREE :4S FOLLOWS: 1. This agreement shall replace and supersede all prior agreements between the parties, including the agreements between the parties dated February 23, 1976, and January 3, 1983, which established s Joint Communications and Emergency Services Board. 2. The parties agree that the existing joint public safety communications system is a department of and under the supervision of the County. The Department is known as the Aspen-Pitkin County. Communications Center ("Center"). 3. As partial consideration !or this agreement, all right, title and interest to all assets of the existing joint public safety communications system including, without limitation, all equipment, hardware, software, furniture, fixtures, and supplies, have been irrevocably transferred and conveyed, free of charge, by the City, the Town, and Basalt to the County without compensation therefore. Provided, however, that portable and mobile radios, pagers, and associated equipment belonging to the City, Town, and Basalt are excluded and remain the property of the respective entity. 4. All employees of the Center are County employees. 5. The County hereby appoints its Sheriff (or his designee) as the administrator responsible for the Center. 6. The County, through the Center, shall supply emergency Final 2/1/90 2 '~ ~~ r' .'~' r 2 S.ilt;ac,.,_ 1990 Communications Center IGA f":M'. communications services to the City, Town, and Basalt under the terms and conditions contained in this Agreement and, in further- ance of this obligation, the parties agree that the operation and maintenance of the Center and the system shall be governed by a „..;}_ Joint Communications Services Board (hereinafter called the `''J ' "Board") which shall be comprised of the following individuals: }. . ~{ .i,. ~„ a. Sheriff of the County of Pitkin, or his designee in -': ,. writing; ,~ ~~' b. Police Chief of the City of Aspen, or hia designee ;:eS in writings c. Police Chief oP the Town of snowmass Village, or his ; designee in writing. d. Police Chief of the Town of Basalt, or his designee in writing. However, the Police Chief of the Town of Basalt, or his cesignee in writing, is an ex-officio member of the Board and is nat entitled to vote on matters coming before the Board. 7. It is agreed and understood by the parties that the Board f shall have the following duties, responsibilities and powers regarding the operation and maintenance of the Center and the communications system: a. Establish a policy for the supply of efficient communications services by the Center to the County, City, Town, and Basalt (and to .other user agencies) on a proportionate and ~. equitable basis and a policy for the fees to be charged for such services. b. Employ and have the power to discharge a Director ~~`~ Final 2/1/90 3 i~; Attachment "C" 1990 Communications Center IGA ~ '~„~, of the Center, subject to the requirements and ~~tz•ocedures of the county personnel system. c. Review the performance and operation of the Center and the communications system and make recommendations to the Board of County Commissioners (through the Sheriff or his designee) concerning the efficient performance and the annual budget for the Center. d. Provide policy guidance and direction to the Director of the Center as the Board deems necessary and appro- priate. e. Arbitrate and decide all operational disagreements betwee» the Director and the user agencies of the Center. f. Establish guidelines for providing public safety communications services to other public safety agencies as feasible and appropriate. Approve and supervise the administration of all service agreements with other user agencies. e. Tha Board shall meet quarterly and at such other times as requested by either the Director or a Board member. A majority vote of the three voting members of the Board is necessary for decisions to be made. The Board shall select its own Chairman and shall make such other rules and regulations for its conduct as it may deem necessary. 9. The parties agree and understand that the operations of the Center and the joint communications system shall be supervised by a Director, who shall have the following authority, duties and responsibilities: Final 2/1/90 ~ 4 .,- - .. . 4 '. 1990 Communications Center IGA a. Responsibility for the day-to-day operation, and long-range planning of the Center as directed and within the policy guidelines established by the Board. b. Employ and have the power to discharge all Center personnel, subject to the requirements of the County personnel system. c. Prepare and recommend to the Board an annual operating budget and provide monthly financial and activity reports to the Board. d. Apply for such grants as are deemed necessary and desireable for the operation or upgrade of the communications ''.i system. •; e. Participate in the Pitkin County Public Safety Council and any other local, regional or state organization or group that would benefit the Center and the ether parties hereto. •~ f. Act as an Administrative Assistant to the Emergency Telephone Service Authority, if established. 10. It is agreed and understood between the parties that the ~ Center sha21 Yarform the following communications, computer ~ services, record keeping, and miscellaneous functions: R a. Communications: ~ (1) Receive calls from the public on the emergency and dispatch phone lines and those transferred by all user agencies for emergency service. (2) Dispatch such calls to the appropriate agency personnel. Final 2/1/90 5 5 Attachment "C" '° ~'~;: 1990 Communications Center IGA ~~,'~,~•,,; F:'uh', ~'~. (3) Provide requested Colorado Crime Information Center ("CCIC") and National Crime Information Center ("NCIC") comp,:ter and file information to law enforcement personnel i.n accordance with the CCIC user agreement. b. Computer Services: (1) Receive, enter and disseminate all CCIC and NCIC information as requested by law enforcement personnel. (2) Comply with the terms of the CCIC user agreement. c. Recordkeepirq: (1) Issue monthly statistical reports as requested by user agencies. (2) Other record keeping as negotiated between the Center and the County, City, Town or Basalt. d. :Miscellaneous Functions: (1) Answer law enforcement agency user phones as requested from 5:00 p. m. to 8:00 a.m. weekdays and from 5:00 p.m. on Fridays to 6:00 a.m. on Hondays on phone lines into the ^_ommunications Center provided by the respective agency. (2) Other functions as negotiated between the Center and the County, City, Town, or Basalt. 11. The 1990 budget for the Center, including fees to be paid by the City, Town, and Basalt and the method of payment, shall be as set out on the annexed Exhibit "A." 12. Annual budgets and any budget changes shall be first ap*+rnveei by the Communications Board and then forwarded to the Final 2/.l/90 6 g 6 ~', s: a; ~.;, 1990 Communications Center IGA Sheriff (or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final ,ccounting of all revenues and expenditures for the program for the prior year shall be completed by March 15 of the subsequent year. 13. The shares of the DepartmF-t fur purposes of fundir:g shall be as follows: a. Pitkin County - 433 b. City of Aspen - 433 c. Town of Snowmass Village - 113 d. Town of Basalt - 33 14. This Agreement shall become effective on the last date of the signatures of all parties hereto and may be renewed on an annual basis as provided in Section 16. 15. Pty party hereto may terminate this Agreement after at least 186 days' written notice to the other parties, and it is agreed that such termination will not affect the rights and interests acquired by the respective parties during the term of this Agreement if such interest, has, in fact, been acquired. If reimbursement is to be made, it shall be based on services performed and work completed to date of termination. 16. Tt is the understanding of the parties that this Agreement may be renewed andjor modified on an annual basis by the adoption of an annual budget for each successive year. 17. As a County-owned and -operated system, alY costs not specified otherwise herein (insurance, administration, etc.) shall be the responsibility of the County. Final 2j"lj 90 7 •:a: ~~ .. - 7 Attachment "C" i~ .a 1990 Communications Center IGA F~µ IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the days and year shown. BOARD OF COUNTY COMMISSIONERS 1 OF PIQT~KIN COUNTY, 'CCOLORADO DATE: ~ ~ 3 V ~ By: CN 'U`/Lc~N.t ~ l.Q ~i. L tOVAL: ~~~~ i~ :Rini' ~~~ APPROVED AS TO FOR!!: i fJ•,~:,~'_County Attorney ~ THE CITY F ASPEN, OLORADO Date• ~ ~ ~~ By: ATT ST: ~ +~. City Cle [ ACCEP' D AND RECOMMENDED FOR APPROVAL: John G od` n, Police Chief APPROVED AS TO FORM: - ,-, City rney Final 2/1/90 8 ,, ti '' s 8 ..::: ry,_s: ~e~~~~:: ~~ `~; ~ .. "~ Attachment "C" 1990 Communications Center IGA THE TOWN 0 S OWMASS VILLAGE, COLORADO ,;. .,~ RICHARD G. WALL, Mayor ,"~TT~I~IN u~ 9 HARMON ~`,. .....i•...M"•~" ACCEPTED AND RECOMMENDED FOR APPROVAL: Art Smy e, ol.ice Chief APPR VED AS TO FORM: Town Attorney Dat@f~ti ~ U • •~.C~'~ AT~'ES~ ~ • ~~• _ Town~C~lerk _ U ,1 •~ ~, • ACCEP_I"ED AND RECOMMENDED F ~' _ Jame Usti , Police Chief AP OVED AS .TO : ORM: ~d lh~ l1'. ~ .ll y,~ -- Torfn attorney ~' l Final 2/1/90 x THE TOWN OF BASALT COIgRADO p~~ By: OR APPROVAL: 9 9 ~ , .,i 1' ~ ;.,~ '~ ;:•~';' ~~ Rr~ ~w °i •i s ~.'. t .~ 1990 Communications Center IGA ,r.-m•+vsrn,~c, ~ x~~w. ,raa 10/07/89 1990 BUD(iBT (conehara) SHARBS OF PROPOSED DISPATCH BUDGET Pitco City Snwnse Basalt Total share share share share Total Description Budget 43.OX 43.0% 11.0X •3.0% . 100.OX OPBRATINO BUDOS9' (excludes records) REVENUES 18,000 7,740 7,740 1,980 b40 10,000 BXPBNDITURES: Labor 453,117 194,840 194,840 49,843 13,594 453,117 Purchased services 11,990 6,156 b,156 1,319 360 11,990 Materials & Supplies 4,950 2,129 2,129 G46 149 4,9b0 Squipnent 0 0 0 0 0 0 Cost cntr allocation 31,624 13,S9B 13,b98 3,479 ____ 949_ __31,624 501,681 216,723 216,723 65,1Rb 16,Ob0 601,681 NBT EXPENDITURES 483,681 207,983 207,983 53,205 14,b10 463,681 CAPITAL RSPLACS148NTS (Sao detailed schedulo) 10,060 4,326 4,326 1,107 302 10,060 CAPITAL LMPRVMNT PROJECTS: DSVSLOPMSNTAL PROJECTS: ADJUSTMNTS TO OPERATN:. 1) Reclassificatne in labor S Approved in 19R9 2) Increase in overtise 6,827 Appeera in basic operations PROPOSED BUDGET 493,741 212,309 212,309 64,312 14,812 493,741 w 10 f .< i k ~~ ~ Ys7 / . Attachment "D" . 199~t Enhanced 911 IGA INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED IMPLEMENTATION OF AN "ENHANCED 9-1.1" EMERGENCY TELEPHONE SERVICE" THIS AGREEMENT, made and entered into the 16th day of August, 1994, by and between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as "County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen", the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as "Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt", the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporatton hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, a quasi- municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND RURAL FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29, C.R.S., as amended, the above- listed parties are delegated the power to enter Into agreements for the purpose of providing emergency telephone service; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages and authorizes agreements of this nature; and Final- 8/16/94 1 1 i Attachment "D" . 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ~ WHEREAS, it would serve the public welfare and ba in the best interest of all of the above-references parties to continue to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the parties desire to enter into this Intergovemmental Agreement ,for the following purposes: 1. tc establish a separate legal entity to be known as the "Aspen-Pitkin County Emergency Telephone Service Authority" (hereinafter referred to as the "Authortty'~ which shall be responsible for administering the operation of the emergency telephone service program; and 2. to define the manner in which each of the parties will participate in the Authority; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: I. DEFINITIONS The definitions for the terms "emergency telephone charge", "emergency telephone service", "exchange access facilities", "governing body", "public agency", "service supplier", "service user", and "tariff rates" as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101, C.R.S., as amended. II. GENERAL PROVISIONS The parties hereby establish a separate legal entity to be known as the "Aspen-Pitkin County Emergency Telephone Service Authority" which shall be Final - 8!16!94 2 2 Attachment "D" 1994' Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement responsible for administering the operation of the emergency telephone service program as described below. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The governing Board for the Authority shall consist of five (5) members to be selected to the following manner: 1. Two members shall be the Pitkin County Sheriff and the Aspen Police Chief. 2. One member shall be fhe Snowmass Village Police Chief or the Snowmass-Wildcat Fire Protection District Chief as selected by Snowmass and Snowmass Fire. 3, Two members selected by Aspen Ambulance, Aspen Flre, Basalt, Basalt Fire, and Carbondale Fire. One member shall serve a term of one year on the Board and the other member shall serve a Perm of two years. After the initial one year term, each of the members selected shall serve a term of two years, Members may serve consecutive terms upon approval of the majority vote of the eligible entifies. IV. RULES AND REGUTATiONS The governing board for the Authority may pass supplementary rules and regulations as it deems necessary provided the supplementary rules and regulations are in compliance with Articles I and II of Title 28, C.R.S., as amended, and this Intergovernmental Agreement. Any capital expenditure of $25,000.00 or greater shall require atwo-thirds (213) vote by the governing board of the Authority. V, POWERS OF THE CORPORATION The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone Final - S/1B/94 3 3 Attachment"D" 1994' Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority lntergovernmentai Agreement service and may pay such costs by collecting an emergency telephone charge for such service in the service area which is within the Jurisdiction and authorized by this Intergovemmental Agreement and by ordinance or resolution of the respective parties hereto. The Emergency Telephone Service Authority is hereby authorized to collect an emergency telephone charge as imposed by the governing bodies of the respective parties in an amount not to exceed seventy cents ($.70), in those portions of the service area for which emergency telephone service is to be provided, The funds so collected shall be spent solely to pay for the equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone service, and for the monthly recurring charges billed by the service supplie~sfor the emergency telephone service. The funds so collected shall be credited to a cash fund separate and apart from the general fund of any public agency parties under this Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried over to the next succeeding year for the same purposes in supplying emergency telephone servlce. If the emergency telephone service is ever discontinued, any balance in the account may be transferred to the general fund of the public agencies on a proportionate basis as to the contributions made by each respective public agency. In addition, the Authority may do any other act as may be necessary for the provision of initial services and for the continued operation of the emergency telephone service; including, specifically, the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological Final - 8/16/94 4 4 Attachment "D" 1994 Enhanced 911 IGA Aspen-Pltkin County Emergency Telephone Service Authority Intergovernmental Agreement developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided to the users. VI. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE AUTHORITY The parties hereto agree that the basis for contribution and charges to be imposed on "Service Users" shall be in accordance with the provisions governing the same In C.R.S. 29-11-101 et seq. The parties agree that the Authority may request from the service supplier those figures required to impose a contribution or charge and to make a determination of the contrlbution or charge based on those figures. The parties further agree whenever those flgures are required for any contribution or charge, the figun;s used shall be the most recent available at the time such flgures are needed, unless otherwise specified herein. VII. BUDGET AND OPERATING COSTS in the event that the Authority believes funds for operating costs not paid by the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by Juiy 15 of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County Commissioners not be forthcoming, or if any funding so provided shall be deemed insufficient by the Authority, the Authority may then present Its request to the parties hereto who shall consider the budget submitted and determine a basis for contributing to the budget request at that Final - 8/16/94 5 5 Attachment "D" 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement time; however, no party may be obligated for the payment of any monies without its prior approval. VIII. FUNDS AND OPERATIONS The various monies paid into the Authority by fhe parties hereto, for operating costs shall be used by the Authority solely for operating costs. Further, the various monies paid into the Authority pursuant to the uniform charge per exchange access facility shall be placed in a separate designated cash fund and shall be paid from said fund only for equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone service, and for the monthly recurring charges billed by the service supplier for the emergency telephone service. No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by the President and Secretary of said Authority. The Authority shall not borrow money. nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash In the appropriate fund, credited to the Authority, with which to pay the same. The Authority may Invest any funds paid info the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. Final - 8/16/94 6 6 Attachment"D" 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovemmentai Agreement Nothing herein, however, prevents the Authority from returning any surplus operating revenues provided by the parties hereto for the operation of this emergency telephone service to the respective parties hereto in the same proportion that said parties were originally required to contribute for operation. IX. BOOKS ~1ND RECORDS The Authority shall maintain adequate and correct accounts of their funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. The Authority shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed fo practice in the State of Colorado, The Authority shall file a copy of said audit with the governing bodies of the respective parties hereto. X. EPO S Within one hundred eighty (180) days after the end of each fiscal year, the Authority shall prepare and present to the respective city councils, boards of directors of the special districts, and Board of County Commissioners of Pftkin County, a Comprehensive Annual Report of the Authority's activities and finances during the preceding year. The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal and/or state officials or to whom such report is required to be made in the course and operation of the Emergency Telephone Service Authority. Final -8/16/94 7 7 Attachment "D" 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The Authority shall also render to the parties hereto, at reasonable intervals, such reports and accounting as the parties hereto may from time to time request. Xi. AEFAULT IN PERFORMANCE In the event any party fails to pay Its share of the operating costs then due, or to perform any of its covenants and undertakings under this Agreement, the Authority shall cause written notice of the Authority's intention to terminate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said defaults within said thirty (30) day period, the membership in the Authority of the defaulting party shall thereupon terminate and said party shall thereafter have no voting rights as a member of the Authority at any annual or specific meetings thereof, nor be entitled to representation on the Authority, and said party shall thereafter be denied service by the Authority. Furthermore, any party who is terminated under the provisions of this Section of the Agreement shall forteit all right, title and interest in and to any property acquired by the Authority to which said party may otherwise be entitled upon the dissolution of this Agreement, This article is not intended to limit the right of any party under this Agreement to pursue and all other remedies It may have for breach of this Agreement. Final -8/16/94 8 8 Attachment "D" 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement XII. TERMINATION OF AGREEMENT A. This Agreement shall be in full force and effect upon the execution of this Agreement by all of the parties listed herein, and shall continue in full force and effect, subject to amendments, or until sooner termination by a majority of the parties hereto. B, This Agreement, or any party's participation in this Agreement, may be terminated by written notice from the party or parties to the Authority at least one hundred eighty (180) days prior to January 1 of any given year. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent necessary to make an effective disposltfon of the property, equipment and monies required to held pursuant to this Agreement. D. In the event that any parry hereto elects to termtnate its participation in the Agreement prior to the end of any period of this Agreement not to accordance with subsection B of this Agreement and accordingly shall forfeit its entire interest in the emergency telephone service. Provided however, if in the event that any party hereto elects to participate In an emergency telephone service authority other than the Authority created hereby, such party or parties shall have the right to utilize any and all network equipment installed in service supplier facilities and paid for by the Authority without charge or reimbursement to this Authority subject, however, to any or all costs charged by the service supplier. Xtll. AMENDMENT This agreement may be amended by the parties from time to time, but any amendment shall be in writing and executed by ail the parties hereto. XIV. SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity sha(i not affect other provisions or Final - 8116/94 9 Attachment "D" 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement applications of the Agreement which can be given effect wftttout the invalid provision or applications, and to this end the provisions of the Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year herein set forth. COUNTY OF PITKIN gy /~.~~~NF r~~'/gam (/Ica •Cll.~t~« By OF SNOWMASS VILLAGE TB~ ~Pr Te+1 ASPEN FIRE PROTECTION DISTRICT By ~ . at Final - 8/16/94 CITY OF ASPEN TOWN OF BASALT By ~~ ,ti- 10 10 Attachment "D" 1994 Enhanced 911 IGA Aspen-Pitkin County Emergency Telephone Service Authority intergovernmental Agreement ,,. BASALT AND RURAL FIRE ASPEN AMBULANCE DISTRICT PROTECTION DISTRICT CARBONDALE AND RURAL FIRE PROTECTION DISTRICT BY ~~~!~. f=inal • 8/16/94 11 11 Attachment"E" Recommended revisions to the 1990 Communications Center IGA Attachment "E" Recommended revisions to the 1990 Communications Center IGA Page 1: Under THIS AGREEMENT - Old - ...between the BOARD OF COUTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("County'), the CITY OF ASPEN, COLORADO ("City'), the TOWN OF SNOWMASS VILLAGE, COLORADO (`Town'), and the TOWN OF BASALT, COLORADO (`Basalt'). New - ...between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as "County'; the CITY OF ASPEN, a municipal corporation hereinafter referred to as `Aspen ;the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as "Snowmass'; the TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt'; the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as `Aspen Fire'; the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to as "Snowmass Fire', the BASALTAND RURAL FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Basalt Fire'; the ASPEN AMBULANCE DISTRICT, hereinafter referred to as 'Aspen Ambulance'; fhe CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". Page 1: Under WITNESSETH and first WHEREAS - Old - ...agreements dated February 23, 1976 and January 3, 1983; and New - ...agreements dated February 23, 1976, and January 3, 1983, and February 1, 1990; and Page 1: Under WITNESSETH and third WHEREAS - Old - ...the creation of this department and the provision of emergency communications services for the calendar year 1990, ... New - ...the continued provisions of emergency communication services,... Page 2/3: Section 6 a through e - Old - a. Sheriff of the County of Pitkin, or his designee in writing; b. Police Chief of the City of Aspen, or his designee in writing; c. Police Chief of the Town of Snowmass Village, or his designee in writing. d. Police Chief of the Town of Basalt, or his designee in writing. However, the Police Chief of the Town of Basalt, or his designee Attachment"E" Recommended revisions to the 1990 Communications Center IGA in writing, is an ex-officio member of the Board and is not entitled to vote on matters coming before the Board. New - a. Sheriff of the County of Pitkin, or his designee in writing; b. Police Chief of the City of Aspen, or his designee in writing; c. Police Chief of the Town of Snowmass Village, or his designee in writing; d. Police Chief of the Town of Basalt, or his designee in writing; e. A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. Page 3/4: Sectidn 7 c - New - (added sentence in Section 7 c.) - Conduct an annual performance evaluation on the Director of the Center, subject to the requirements and procedures of the County personnel system. Page 3/4: Section 7 e/f - Old - e. Arbitrate and decide... New - e. Hear and decide... Page 3/4: Section 8 - New - (added sentences after first sentence in Section 8) -Quarterly meetings shall be held in March, June, September and December on the third Thursday of the months listed. From time to time, meetings maybe rescheduled. Old - ...A majority vote of the three voting members... New - ...A majority vote of the five voting members... Page 4: Section 9 a (1.) - (4.) - New - [added Section 9 a (1.) - (4.)] - a. Act as the Administrative Assistant to the Board and the Emergency Telephone Service Authority Board by: (1.) Scheduling all quarterly meetings including: the drafting of agendas, recording of minutes and the storing of records for both boards. (2.) Preparing and recommending a draft annual operating budget by June's quarterly meeting of each year, for both boards. Provide an approved budget 6y the Board of County Commissioners by December's quarterly meeting. (3.) Preparing a draft final accounting of all revenues and expenditures for the program for the prior year, by March's quarterly meeting of the subsequent year, for both boards. Provide an approved final accounting of all revenues and expenditures for the program for the prior year by June's quarterly meeting for both boards. 2 Attachment"E" Recommended revisions to the 1990 Communications Center IGA (4.) Presenting quartery financial and activity reports at every quarterly board meeting of both boards. Page 5/6: Section 10 d. (1.) - Old - Answer law enforcement agency user phones as requested from 5:00 p.m. to 8:00 a.m. weekdays and from 5:00 p.m. on Fridays to 8:00 a.m. on Mondays on phone lines into the Communications Center provided by the respective agency. New - Answer law enforcement agency user administrative phones as requested. Page 5-6/6-7: Sections 11-14 - Old - 11. The 1990 budget for the Center including fees to be paid by the City, Town, and Basalt and the method of payment, shall be as set out on the annexed Exhibit "A." 12. Annual budgets and any budget changes shall be first approved by the Communications Board and then forwarded to the Sheriff (or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final accounting of all revenues and expenditures for the program for the prior year shall be completed by March 15 of the subsequent year. 13. The shares of the Department for purposes of funding shall be as follows: a. PitkinCounty-43% b. City of Aspen - 43% c. Town of Snowmass Village - 11 d. Town of Basalt - 3% 14. This Agreement shall become effective on the last date of the signatures of all parties hereto and maybe renewed on an annual basis as provided in Section 16 New - 11. Annual budgets and any budget changes shall be first approved by the Communications Board and then forwarded to the Sheriff (or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final accounting of all revenues and expenditures for the program for the prior year shall be completed by June's quarterly meeting of the subsequent year. 12. The funding shares of the user agencies to the Center shall be determined annually based on the user agencies' percentage of calls for service generated from two years prior. Calls for services are calls dispatched and agency initiated calls. 13. This agreement shall become effective on the last date of the signatures of all parties hereto and maybe renewed on an annual basis as provided in Section 15. Attachment "F" Recommended revisions to the 1994 Enhanced 911 IGA Attachment "F" Recommended revisions to the 1994 Enhanced 911 IGA Page 1: Under WITNESSETH and first WHEREAS - Old - ...:.the above-listed parties are delegated the power to enter into agreements for the purpose of providing emergency telephone service; and New - ....., the above-listed parties have operated a joint emergency telephone services serving their respective jurisdictions, pursuant to agreement dated August 16, 1994; and Page 1: Under WITNESSETH and fourth WHEREAS, Number 1 - Old - to establish a separate legal entity.... New - to continue in existence a separate legal entity..... Page 2: Under DEFINITIONS, 3r° line - Old - ... `tariff rates".... New - ...."rates".... Page 2: Under GENERAL PROVISIONS - Old -The parties hereby establish a separate legal entity.... New -The parties hereby agree to continue their participation in a separate legal entity...... Page 2: Under EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, Numbers 1to5- Old - 1. Two members shall be the Pitkin Counfy Sheriff and the Aspen Police Chief. 2. One member shall be the Snowmass Village Police Chief or the Snowmass-Wildcat District Chief as selected by Snowmass and Snowmass Fire. 3. Two members selected by Aspen Ambulance, Aspen Fire, Basalt, Basalt Fire and Carbondale Fire. One member shall serve a term of one year on the Board and the other shall serve a term of two years. After the initial one year term, each of the members selected shall serve a term of two years. Members may serve consecutive terms upon approval of the majority vote of the eligible entities. New - 1. Sheriff of the County of Pitkin or his designee in writing; Attachment "F" Recommended revisions to the 1994 Enhanced 911 IGA 2. Police Chief of the City of Aspen or his designee in writing; 3. Police Chief of the Town of Snowmass Village or his designee in writing; 4. Police Chief of the Town of Basalt or his designee in writing; 5. A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. Page 3: Under POWERS OF THE AUTHORITY - Old - ....not to exceed seventy cents ($.70), ..... New - ....not to exceed one dollar and twenty true cents ($1.25),..... New - (added to end of sentence on line 11) ....or any other items stated in Section 29-11-104, C.R.S as amended. Page 4: Under BUDGET AND OPERATING COSTS - 3RD line Old - ....Board of County Commissioners by July 15 of each year..... New - ....Board of County Commissioners by annual budget deadline of each year.. Page 5: Under FUNDS AND OPERATION -last sentence of first paragraph New - (added to end of sentence) ....and for the monthly recurring charges billed by service suppliers for emergency telephone service or as stated in Section 29- 11-104, C.R.S as amended. Last sentence of second paragraph Old - ...said approval being evidenced 6y the President and Secretary of said Authority. New - ...said approval being evidenced 6y the Chair and Administrative Assistant of said Authority. Page 5: Under BOOKS AND RECORDS - 4T" line New - ...if requested... (added to sentence) Page 5: Under REPORTS Old -Within one hundred eighty (180) days after the end of each fiscal year, the Authority shall prepare..... New - If requested, the Authority shall prepare.... 2 V1~ MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director ~~ DATE: April 13, 2009 RE: Resolution #~_, Series of 2009, Extending the 210 W. Francis Street, "Ordinance #48" Historic Preservation negotiation SUMMARY: In July 2007, Aspen City Council adopted an emergency ordinance, Ordinance #30, Series of 2007. That ordinance prohibited any exterior alterations, land use applications, or building permits affecting all non-landmazked buildings constructed at least 30 yeazs ago, unless it was determined that no potential historic resource was negatively affected. The purpose of the Ordinance was to protect Aspen's significant azchitectural heritage; not only Victorians, but more modern structures as well. Ordinance #30 was in place for 5 months, during which time Council held numerous meetings to discuss the effect of the new regulations and potential amendments. In particular, Council wished to see the applicability of the Ordinance narrowed down dramatically from all properties over 30 years of age to a specific list researched by staff and found to potentially qualify for landmark designation. In December 2007, Ordinance #48, Series of 2007 was adopted to replace Ordinance #30. Ordinance #48 creates a formal list of potential historic resources in Aspen that may have historical, azchitectural, archaeological, engineering and cultural importance. Detrimental development or demolition actions affecting these properties will be limited while the City undertakes an evaluation of the historic preservation program via the HP Task Force. 210 W. Francis Street is identified on the List of Potential Historic Resources as part of Ordinance #48. Owners of property listed on Ordinance #48 can still move forward with proposed projects if they: A. Submit the plans and seek staff determination that the work is exempt from delay under Ordinance #48 (routine maintenance work for example); or B. Submit plans and seek staff determination that the work, while not exempt from Ordinance #48, can move forward by voluntazily complying with Staff or HPC review (depending on the scope of work) of the project, or C. Refuse the option for HPC review and submit plans with the intention of triggering a 90 day delay period, during which time City Staff and Council will negotiate for appropriate preservation of the property. If the negotiation does not result in an agreement to landmazk designate the property, the building permits will be processed as requested. In the fall of 2008, the owner of 210 W. Francis Street, Joan Tobin, submitted an application for demolition permit and requested negotiation with Council. Mrs. Tobin has been receptive to a discussion of potential landmark incentives, if the incentives address her goals to preserve the property value for the long term. On September 24, 2008, HPC discussed this property and recommended by a vote of 6 to 0 that Council pursue a cooperative landmazk designation. Historic Preservation staff and the City Attorney's office have been working with the applicant to prepaze a proposal for Council review, however the applicant's own plans have been amended and instead of pursuing demolition, a remodel permit has been filed. The remodel still negatively affects the architectural integrity of the property and is subject to the negotiation process. The origina190 day negotiation period expired on October 27`h Council has granted three extensions before this request, which is permissible with the owner's agreement. Negotiation is tentatively scheduled for Council's May 26`" agenda. The property owner requests that the process be extended until June 15"' to allow for complete discussion. Staff appreciates the owner's effort to consider alternatives to demolition and we support taking additional time to work through the issue. STAFF RECOMMENDATION: Staff recommends that Council approve an extension of the time period to discuss voluntary historic designation with the owner of 210 W. Francis Street to June 15, 2009. RECOMMENDED MOTION: "I move to adopt Resolution #o~ , Series of 2009, approving approve an extension of the time period to discuss voluntary historic designation with the owner of 210 W. Francis Street under Ordinance #48, Series of 2007." CITY MANAGER COMMENTS: A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE ORDINANCE #48, SERIES OF 2007, NEGOTIATION FOR HISTORIC DESIGNATION OF 210 W. FRANCIS STREET Resolution No. ~, Series of 2009 WHEREAS, 210 W. Francis Street, Lots P and Q, Block 48, City and Townsite of Aspen, Colorado, is subject to Ordinance #48, Series of 2007. This Ordinance identifies potential historic resources and creates a review process for any proposed alterations. The Ordinance also establishes a framework for City Council to negotiate with the property owner to secure voluntary historic designation; and WHEREAS, the owner of 210 w. Francis Street, Joan Tobin, is in the process of said negotiation. The negotiation period was triggered by Ms. Tobin's application for a permit to demolish the structure at 210 W. Francis Street. The demolition permit has since been replaced with a remodel permit. Ordinance #48, Series of 2007, provides Council with a 90 day period to delay the issuance of permits while other alternatives and preservation incentives are discussed. Council is to be provided with a recommendation about the historic significance of the resource from the Historic Preservation Commission; and WHEREAS, at their regular meeting on September 24, 2008, the Historic Preservation Commission discussed 210 W. Francis Street and recommended that Council seek voluntary designation by a vote of 6 to 0; and WHEREAS, the 90 day negotiation period for 210 W. Francis was to expire on October 27, 2008; and WHEREAS, Council approved a 30 day extension of the negotiation period for 210 W. Francis through Resolution #91, Series of 2008; and WHEREAS, at the request of the property owner, Council approved an additional extension of the negotiation period for 210 W. Francis to February 15, 2009 through Resolution #111, Series of 2008 and to April 29, 2009 through Resolution #10, Series of 2009; and WHEREAS, staff and the property owner are in agreement that more time is needed, and an extension of the negotiation to June 15, 2009 is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The negotiation period established by Ordinance #48, Series of 2007, as it affects the property at 210 W. Francis Street, is hereby extended to June 15, 2009. APPROVED by the City Council at its regular meeting on April 13, 2009. Approved as to form: John Worcester, City Attorney Attest: Mayor: Kathryn Koch, City Clerk Michael C. Ireland, Mayor V(I a... ~~~ the City of Aspen MemOraadum City Aaorney~ Clhce TO: Mayor and Members of Council FROM: John P. Worcester DATE: April 13, 2009 RE: Ordinance No. ~a ,Series of 2009, to Disconnect Certain Lands from the Boundary of the City of Aspen -Area Near South End of Aspen/Pitkin County Airport. Attached for your consideration and review is a proposed ordinance that, if approved, would disconnect certain parcels from the boundary of the City of Aspen. Pitkin County has asked that certain parcels of land adjoining, or in the immediate vicinity of, the Aspen/Pitkin County Airport be disconnected (de-annexed) from the boundary of the City of Aspen. As shown in the accompanying application from Pitkin County, the lands proposed to be disconnected from the City limits are owned by the City of Aspen, Pitkin County and CDOT. The City Manager has agreed to allow the City of Aspen to be a co-applicant to allow the County to proceed with this request, but the consent is not intended to prejudge City Council's decision in this matter. The accompanying application contains maps describing the parcels proposed to be disconnected and their locations relative to the airport. State law authorizes City Council to adopt an ordinance to disconnect lands that are within and adjacent to the boundary of the City of Aspen upon the filing of an application by the property owners and a finding of the City Council that the best interests of the City would not be prejudiced by the approval of the disconnection. Thus, the decision to disconnect the various parcels described herein from the boundary of the City of Aspen is entirely discretionary by the City Council. The attached proposed ordinance contains the requisite findings and, if adopted, would disconnect the parcels from the boundary of the City of Aspen. Referral comments were solicited from the City's Engineering, Parks, and Community Development Departments. Following is a summary of their comments: Parks has been in discussions with the County regarding certain trails in the area. The County has agreed to move the trails upon airport expansion at their expense. Further discussions have been held, without any resolution, of the potential for creating a connection from the Owl Creek underpass to Buttermilk. The Engineering Department expressed some concern about loosing jurisdiction of the parcels and a concern that the County may want to realign the Owl Creek Trail and possibly Owl Creek Road in the future. The Community Development Department comments are appended hereto as they are a little more comprehensive than the comments received from the Engineering or Parks Departments and describe the "pros and cons" as they see them in approving the Petition for Disconnection. If you have any questions regarding this matter, please contact me. CITY MANAGER'S COMMENTS: cc: City Manager .1PW-saved: 3/31/2009-435-G:\john\word\memos\airport-disconnect.doc MEMORANDUM TO: JOHN WORCESTER FROM: DREW ALEXANDER SUBJECT: PETITION FOR DISCONNECTION DATE: 2/27/2009 SUMMARY OF PETITION The purpose of the requested disconnection is to consolidate certain jurisdictional boundaries surrounding the Aspen/Pitkin County Airport, therefore improving future land use review, Airport Master Planning, streamlining Pitkin County Sheriff and City of Aspen Police responsibilities, and creating a more logical City/County boundary line. The parcels which are subject to this petition are owned by three separate entities; Pitkin County, Colorado Department of Transportation, and the City of Aspen. BACKGROUND The main parcel to be annexed is the large 58.4 acre City-Owned open-space parcel which was annexed into the City of Aspen as part of the larger Burlingame Ranch annexation. At the time, Owl Creek Road had not yet been realigned. After the said realignment, the County purchased the parcels (N, N-lA and N-1B) from the City which are now zoned Public-Institutional, primarily for the purpose of the trapezoidal landing buffer which is a requirement of the Federal Aviation Administration (FAA). The City-Owned parcel exists to the southwest of the airport runway. This land is currently zoned Conservation (C) primarily due to the steep slopes on the site that greatly impact the allowed uses and the ability to develop. The site is also encumbered by a conservation easement, which is held by the Aspen Valley Land Trust (AVLT). This deed of conservation easement (DOGE) was granted in June, 2003 and states a purpose to "ensure that the property will remain forever predominantly in its open space, natural habitat and recreational condition. " The DOGE clearly states that the property is to be used only for the purposes of recreation, conservation, education, and general conservation purpose and it specifically prohibits the construction placement, reconstruction or replacement of any buildings or structures or the construction of any roadways without the consent of the AVLT. Additionally, the City-Owned parcel does not contain any structures that contribute taxation funds to the city. A city water line does exist that serves the main airport terminal and portions of the Aspen Area Business Center (AABC). There is also an Aspen Consolidated Sanitation District (ACSD) line traversing the disconnect area; however the ACSD is quasi-municipal and independent from the City of Aspen. Furthermore, the Buttermilk Metro District (BMD) maintain a well and pump house in the disconnect area that serve the West Buttermilk Subdivision, but the City receives no revenue for this operation. CDOT also acts as a stakeholder in the petition by owning right-of--way (ROW) on the subject property along Owl Creek Road and High~Jay 82. CDOT has stated in the petition that, "CDOT [will] neither support nor oppose the proposed deannexation." This statement reflects the condition that CDOT's main priority of maintaining the ability to access and implement necessary utilities along the ROW will not be affected. Therefore, the decision to deannex rests within the judgment of the City of Aspen. PROS AND CONS Pros for retention in Cityjurisdiction: • The City would be continuing to assist the implementation of the standards set forth in the 2000 Aspen Area Community Plan (AACP). The AACP states a clear goal to "protect and enhance the natural environment." The city would be retaining a large and visible parcel of natural space near the entrance of Aspen along Highway 82 as well as legal review over the property. • The City of Aspen, if the property was retained, would continue having participation in future Aspen/Pitkin County Airport Master Plan implementation. Pros for annexation into Pitkin County: • "To create a more logical City/County Boundary line" (from petition) • To increase the enforcement capabilities of the Pitkin County Sheriff's department. The small portions of Owl Creek Road and Highway 82 that transfer between jurisdictions complicates the Sheriffs ability to respond to traffic violations and other matters. To streamline any future Aspen/Pitkin County Airport Master Plan process by reducing the parties involved. The FAA currently requires all parties that own property surrounding the airport to review master plans. Cons to City for deannexation: • Loss of purview ability for any future Airport Master Plan. The proposed County zoning (P-I, Public Institutional) may or may not work as well for the parcel as the existing Conservation zoning. • Loss of area under the enforcement of City Police. Cons to County if deannexation is denied: • A continuance of complex review procedures for Airport Master Plans. A continuance of complicated enforcement areas for Pitkin County Sheriffs and Aspen Police. • The permanence of an illogical County/City Boundary. 2 RECOMMENDATION Staff believes that it should not be of great debate to retain this property within city jurisdiction, as long as the conditions pursuant to the DOCE are met. Currently, the DOCE is transparent through jurisdictions and the policies defined therein would remain valid whether under county or cityjurisdiction. According to the petition, the city owned parcel would be zoned P-1 by the county, therefore any land zoned in this district is subject to further planning process, in this case a master plan which the county has stated would honor the DOCE. Pursuant to these declarations, the parcel of open would remain open space and would be immune to future County development. The FAA requires that any jurisdictional body adjacent to the airport must be involved in the master planning process. It would simplify this procedure if Pitkin County had jurisdiction of all surrounding land outright. Also, Staff believes that there is validity in the argument that current alignments of boundaries inadvertently complicate the policing powers of the city and county. Having small portions of Owl Creek Road and Highway 82 under purview of the City's police makes it difficult in some cases for Pitkin County Sheriffs to access and prevent certain trafficking violations. Finally, the City will not lose any money via taxation, being that there are no properties on the site being serviced by city water or other utilities. The ACSD also has no service entities in the City owned parcel. Therefore, Staff recommends the petition for disconnection. ORDINANCE NO. I`D (Series of2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORIES ADJOINING THE PITKIIV COUNTY AIRPORT COMMONLY REFERRED TO AS THE "AREA NEAR SOUTH END OF ASPEN/PITKIN COUNTY AIRPORT." WHEREAS, on February 9, 2009, the owners of the properties proposed to be disconnected from the City of Aspen did file with the City Attorney a "Petition for Disconnection by Ordinance" pursuant to Section 31-12-501, C.R.S; and WHEREAS, Section 31-12-501, C.R.S. sets forth the procedure required to disconnect a tract of land within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that approval of the Petition for Disconnection of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as the "Area Near South End of Aspen/Pitkin County Airport", and as further depicted on the graphical drawings appended hereto as Figures 1 and 2; and, as legally described in Exhibit AA (Aspen/Pitkin County Airport Parcels), Exhibit BB (City of Aspen Open Space), Exhibit CC (Owl Creek Road), and Exhibit DD (Colorado Deparhnent of Transportation Parcels on State Highway 82), appended hereto and by this reference made a part hereof as if fully set forth herein, is hereby disconnected from the boundary of the City of Aspen in accordance with Section 31-12-501, C. R.S. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of this ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two (2) copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ordinance with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this ordinance. Section 4. The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. z A public hearing on the ordinance shall be held on the day of , 2009, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2009. ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this ATTEST: Kathryn S. Koch, City Clerk JPW-saved: 3/30/2009-570-G:\john\word\ords~airport disconnectdoc Michael C. Ireland, Mayor day of , 2009. Michael C. Ireland, Mayor 3 EXHIBIT AA Legal Description of Aspen/Pitkin County Airport Parcels ~~rexei 3 arreil ,. c~. ..: ~r~ iiiiiiii~ii~i~iu~ii~ii~uiiiiiiiiiiiniuiniiiiiiiiii 4DZ7D7 01/32/creel 12+4Q ORDER DRVIS SIW3 3 of 30 R !Nl.M D 0.ee N e.ee t•ITKIN COUNiV cD G:Eiears/Surre7ors March 23, 2000 BaeWer. Cobndo Spring, G~k1 A Legal Description of the City of Aspen Burlingame Land within the Airport Runway 4810PaHEm Grck Protection Zone located in Lot 1 of Burlingame Seiislt4 Ranch Subdivision and Burlingame Seasonal Housing=. Baelder.Cubndotl030t-2475 Subdivision/P.U.D. Pitkin County, Colorado for , Curtis ~ Associates. 303 4.t2 4338 303 443 4373 Fax PA_RCEi_. A A tract of land located in Lot 1 of Burlingame Ranch Subdivision and Burlingame Seasonal Housing Subdivision/P.U.D. according to the recorded plat thereof situated in E1/2 of Section 3, T10S, R85W of tha 6th P.M., Pitkin County, Colorado described as follows: Commencing at the Northeast Corner of said Section 3 Erom which the E1/4 Corner of said Section 3 bears 503'Sd'00•W and the N1/4 corner of said Section 3 bears N89'S9'45•W, thence S32°56'09•W, 3019.61 feet to a Northeasterly Corner of said Lot 1 and the TBSIL" DINT O? HmiNNIAa. The following courses and distances are along the Northeasterly line of said Lot 1; Thence 575°33'00"E, 78.92 feet: Thence S67'S5'00"E, 44.38 feet Thence S5d'19'00'E, 675.92 feet to the Southweaterly Right-oE-Way line of Colorado State Highway Number 8Z as described in Quit Claim Deed recorded in Book 157 at page 535 of the records of Pitkin County Colorado. Thence leaving said Northeasterly line of said Lot 1 Southeasterly 314.25 feet along the Westerly Right-~f.-Way line of said Colorado State Highway Number 82 and along the arc of a (S. Atllinq - 5665-5E - 5193L.SP) i uiiii iiiii iiiiii uu~ ui~i iiu lisle iii ilia im iii +er~e'r eaiisisesi ix~~ oecae oavss snv: 4 of 3e R se.ee o e.ee x e.ee ~ITICiN courm co Legal Description (continued) Narch ~3, 000 Page curve concave to the Portheast, said arc leaving a radius of 2352.00 feet, a central angle of 7°39'19• and being subtended by a chord that bears S15°26'19•E, 314.01 feet: Thence 569°36'12"W, 699.27 feet; Thence N11°51'57°W, 947.45 feet to a Northwesterly ,line of said Lot 1; Thence N63°32'00•E, 111.81 feet along said Northwesterly line of said lot 1 to said Northeasterly line'of Lot 1 and the TRII~ POINT Of BEOI1®iZHfi; Excepting therefrom the following described tract of land: at a point on the Northerly line of a parcel of < land described in deed recorded November 9, 1979, in Book ` 379, Page 107, from which the Northeast corner of said Section 3 bears N12°43'37"E, 3,761.52 feet; Thence N31°24'37°W, 141.21 feet; y Thence N19°05'06°W, 576.02 feet; Thence N04'42'42"E, 129.06 feet to the Centerline of existing Owl Creek Roadr Thence along said Centerline of existing Owl Creek Road. 553'28'31°E, 86.17 feet to a point on the Westerly Right-of- way line of Colorado State Highway 82, Project No. AWP 2012- B November 1937; Thence along said Westerly Right-of-way line and along the arc of a curve to the left, nonl-angent to the previous course with a radius of 2,342.00 feet, a central angle of 19'27'37•, and arc length of 795.45 feet and a (chord which bears S19°59'58"E, 791.64 feet) to the Northerly line of said parcel described in deed recorded in Book 379, Page 107; Thence along said Northerly line, N88°54'35•W, 88.68 feet to the PQS1iT o! asal!®fxtyci, ~f (S. Pulling - 5665-5E - 5193L.SP) i imii ~oii io~u ~oio iioi iii ouo iii loll oil uo 402707 07/12/2001 12:44r ORDER DRV25 sILVI E ~t 10 R 00.00 D 0.00 N 0.00 ~IMIN COUNTY CO Legal Description (continued) I4arch ~3, X000 Page 3 Hearings are based on the North line of the Northeast ~~,uarter of Section 3, Township 10 South, P.ange 85 west, of the Si;cth Principal Meridian as bearing S89°12'25"E. Area = 10.40 acres more or less Legal Description Prepared By: Scott A. Pulling, PLS 27936 Drexel Barrell & Company 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303) 442-4338 ~~~~. (S. Pulling - 5665-5E - 5193L.SP1 .~.~- Drexel B arrell I I~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~ N~~ ~~~~~~ ~u ~~~~~ ~~~~ ~,~~ ~ '• 4622!7 02/12/2!!3 12,4N 000071 Di1VI0 OILVI /~ 0 of 10 R 90.60 D 6.60 N 0.60 -ITKIN COl01TY CO ...~. ~~ EXHIBIT A Fn~eedSarn~n July L!. 1399 HNldv, • C•Mcai• Spcleiy, Gtakf of Aspen A legal deacript~i~ thae ~trport Runway tsvOttadEaaG~N Burlin9aa•.a Land S,d.~~4 Protection Zone located in Ei/2 oC Section 7, HwldrsCdegdo10701-2+77 2105, ROSH of the 6th P.M., Pitkin County, •} Colorado 303 asi t33i `" 3031tI t373 to ~acEL A A tract o! land located iColoradoldeacribed7asTtollows5w o~ the 6th p,M„ IIltkill County, Comreacing at the E1/4 Corner of said Section 3 from which the Itortheut Corner of said Sactionxestarly right4ot~way oleCOloradc 840.00'S1-N, 956.7! leer co the State HighxaY Humber 02 as described 1.n Dead~d thea'PRVB~~-Q aC Page 535 of the records o. Pitkin County •iaq courses and distances are along the Northeasterly lino of the tract of land as Coloradoed in Book 107 at Page 321 c the ncorda of Pickier County T'aeace 569.36.12"M, 699.27 feat; ~pce N11.51.57"w, 917.45 tact; T3senee N6]•32'00"E, 111.81 tact; ~henca S75•33'00"E, 70.92 teat; Thence S67.55'00"E, 44.38 teat . Thence 554.19'00"E, 675.92 feet to the westerly right-ot-v line of said We6terly right-oE-waY of Colorado State ftigh~ Number Bz; • (S.PUllinq = 5665-5D - 5U6yL.5~') --.,-19-BB 17,02 FRUH „•r '••"~ i age Legal Deacriptiun (Continued) July 14, :.399 the Northeasterly line of that tract of 319d25a Thence leaving Southeasterly, described is said Hook 187 ac Page 32 , westerl right-of-way line o! said Colorado State lest along the y the arc o! a cure concave to the n radius o! 2352.00 feet, a centre Eiighway Number 82 and along Northeast, said arc having subtended by a chord tNNINGe~S angle o! 7.39'19• sad being 0 H S15.26'19'fi. 311.01 feet to Che TA Area ~ 10.978 acres Legal Dascsiptior~ Prepared 9y: Scott A. Pu111119. YIw 37936 Drexel Bartell & Company 4840 Besrl Eaat Circle, Suite 114 ~~r, Colorado 80301-2475 (303) ee2-4]78 +I ~; I IIIIII "III IIIIII IIIIII Iilll IIII Iliill III I'II' IIII IIII i vi°ia e~ee~e10°e c e?ee~N ~=T~ItIN s~TY CO (S.Pulling - 5665-SD - 5069E-3p) CarterrlBurgess 071056.100.1.1000 May 8, 2003 PROPERTY DESCRIPTION PARCEL N-lA 707 171E Slr"°1, 5°M yW Denny rdwod° 80202.7dOd Phene: 303.620.52d0 F°< 7D3.620.2d02 w.w.c6.c°m A parcel of land lying in the East Helf of Section 3, Township 10 South, Range 85 West of the 6ih Principal Meridian, more particularly described as follows: COMMENCING at the East Quarter comer of Said Section 3, (a 3 '/." brass cap stamped "US Cadastral Survey-BLM 1954'7 WHENCE the Centex Quarter Comer of said Section 3 (a 2 ~" aluminum cap stamped "D.B.& CO - PLS 27936'7 bears S89°55'55"W a distance of 2551.79 feet, and THENCE S80°48'30"W a distance of 1521.55 feet to a point on the westerly line of a pazcel of land described at ReceptionNo. 452307 recorded in the Pitkin County Clerk and Recorder's Office, being the POINT OF BEGINNING THENCE S69°38'42"W a distance of 278.40 fat to a point on the eastuly line of Parcel ID9-A as described is CDOT Project No. NH 0821-051-051 Unit 1, dated 01-1400, and recorded at Reception No. 471 l08 in said Pitkin County Clerk and Recorder's Office; THENCE along said easterly line of Parce1109-A the foliowing five (5) courses: (1) N17°12'33"W a distance of 133.50 feet; (2) N07°24'32" W a distance of 247.72 feet; (3) N02°59'25"W a distance of 392.93 feet; (4) Nl l°02'21"W a distance of 154.45 feet; (5) N15°11'12"VJ a distance of 237.13 feet; THENCE N48° l9'OS"E a distance of 17.95 Fat to the southwesterly line of a parcel of land desuibed in Book 335 of Page 380, recorded in said Pi[kin County Clerk and Recordu's Office; THENCE along said southwestuly line the following thra (3) courses; (1) S41°40'55"E a distance of 52.61 fat; (2) S44°03'55"E a distance of238.86 feet; (3) S31 °44'55"E'a distance of 215.91 fat to a point of intersection of said soutwesterly line and the extension of the northwesterly line of a pazcel of land described in Book 514 at Page 51, ' recorded in said Pitkin County Clerk and Recordu's Office; THENCE along said norhwestuly line S32°05'29"W a distance of 95.56 feet; THENCE along the westerly line of said Book 514, Page 51 S03°04'3 I"E a distance of 220.06 fat to the northwest comer of a parcel desuibed in Book 332 at Page 381 recorded in said Pitkin County Clark and Recorder's Office; THENCE along tho westuly line of said Book 332, Page 381 S03 °04'18"E a distance of 123.81 feet; THENCE along the southuly line of said Book 332, Pagc 381 N63°30'29"E a distance of 98.67 feet to the northwest corner of said parcel described aY Reception No. 452307; THENCE along the westuly lino of said Pazcel S 1 I°56'32"E a distance of 292.59 feet to the POINT OF BEGINNING. Containing 219,351 squaw feet, (5.036 Acres), more or less. IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIO° B0 00 00 4.13P \~ . Cher a Burges+, Mc. Corlu a Buraeu Arcl~ileds/Fnainnn, Inc Caner a 8mgeq Com"IbnB, Ire Cab ArthiMh/Engineer, Lie CBB lvd,ileN/Egineen, P.C. Cab Ne.°d°, Inc Niwn a laird Arcrlilerh/Enafneen, P.G 1 i i., i Page2of2 Par+celN1-A ~e Basis of Bearing for this description is the centerline of Runway 15/33 of the Pitkin County Airport. Said centuline bears South 20°21'56" Fast (assumed), a distance of 7004.59 feet. Said centerline is monumeated on the south end by a 2.5" aluminum cap at station 80+18.00 and monumented by a 2.5" aluminum cap at Station 10+13.43 on the north. ~~ Date: . Job No. O> For and on Carter & B iIW~pl~~f~YHpII9N~~N 512051 Page: 4 of 7 07/05/2005 04:13P D 0.00 Carter B Burgn; Inc. Cnrkr B Bwgess ArchEStlr/Engin~w, In<. CaAV B Burgess Consua~Ms, Inc. CBB Arc•,ilWr/Engiman, Inc. EBB Mdllw-IS/Enginrn, P.C CBB Newda, Inc Nuen 6laird ArcAllech/Engimus, P.C. Carfier~tBurgess 071056.100.1.1000 May 8, 2003 PROPERTY DESCRIPTION PARCELN-iB 707171h Str°sl, 5°g" 2300 D.nwr, Wondo 80202~110d Yn°n": 303.8205240 Fee 303.t20.2d02 wwws•b.com A parcel of land lying in the Southeast Quarter of Section 3, Township 10 South, Range 85 West of the 6th Principal Meridian, being more particularly described es follows: COMMENCING az the East Quarter wmer of Said Section 3, (a 3 '/." brass cap stamped "US Cadastral Survey-BLM 1954") WHENCE the Cents Quarter Corner of said Section 3 (a 2 h" aluminum cap stamped `D.B.& CO -PLS 27936' bears 589°55'55"W a distance of2551.79 feet, and THENCE S80°48'30"W a distance of 1521.55 feet to a point on rho westerly line of a parcel of ]and described az Reception No. 452307, recorded in the Pitkin County Clerk and Recorder's Office, being the POINT OF BEGINNII~iG; TRENCH along the westerly line of said Parcel, S l l°56'32"E a distance of 654.78 feet to the southwest corner of said Reception No. 452307; THENCE along the southerly line of said Reception No. 452307 N69°31'37"E a distance of 635.69 feet to a point oa the westerly Gee of Parcel 109 as described in CDOT Project No. NH 0821-051-051 Unit 1, dated OI-14-00 and recorded at Reception No. 471108 in the Pitkin County Clerk and Recorder's Offices y THENCE along said westerly line of Parcel 109 the following two (2) courses; (I) S19°57'05"E a distance of 288.06 feet; (2) 532°16'36"E a distance of 141.15 feet to a point of intersection'of said westerly line of Parcel 109 and the northuly line of Parce! 112-C as described in CDOT Project No. NH082 t-051 Unit 1, dated Ol-0 I-00 and recorded az Reception No. 471970 in the Pitkin County Clerk and Recorder's Office; THENCE along said northerly line of Parcel 112-C N89°46'20"W a distance of 858.55 feet to the intersection of said northerly line of Parcel 112-C and the northeasterly line of Parcel 109-A as described in CDOT ProjectNo. NH 0821-051-051 Unit 1, dated 12-02-00 and recorded at Reception No. 471108 in the Pitkin County Clerk and Recorder's Office; THENCE the following three (3} wurses along said northeaskrly line of Parcel 109-A; (1} N22°52'53"W a distance of 465.06 feet; (2) N35°37'15"W a distance of 120.14 feet; (3) N17°12'33"W a distance of 190.53 feet; THENCE N69°38'42"E a distance of 278.40 feet to the POINT OF BEGINNING. Containing 350,708 squaro feet, (8.051 Acres), more or less. IIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIII 07%05©005 04:13P aILVIq OgVIS PiTKIN COUNTY CO R 0.00 0 0.00 ;~ C°nv S Bvrg"n, Inc Carter a turgus ArcNIMs/Englne"n, lee C°Mr i 6vrgen Cen°dl°nb, Nc. C6a ArchilMc/Engin~sn, Inc. Cat Mebihd~/Engi"aus, P.C, CLB N,roda, Inc Muean a laird Mdilech/Enginav,, P.C. Page2of2 ParalN1B The Basis of Bearing for this dcscriptioa is the ccaterline of Runway 15/33 of the Pitkin county Airport Said centerline bears South 20°21'56" East (assumed), a distance of 7004.59 feet Said cenudine is monumented on the south end by a 2.4' aluminum cap at station 80+18.00 and monumented by a 2.5" aluminum cap at Station 10+13.43 on the north. Date: F. JobN Oo Por and on Carter & B 11111111111111111111111111111111111111i 111 11111 1111 1111 07805/02005 04:13P SILVIO Df7VIg PiTKIN COUNTY CO R 0.00 D 0.00 :~ C°Nr 6 Bmgm, Inc C°rlar d Bargua /YCtiiltdr/6~ginesn, L,e Caner b Burgin C°ruidlmlr, Mc. C66 Ardd°dr/Enginean, Me. C66 Mdihe6/f~ginrn, P.C CBa Neand°, Ine Nnwn 6 load Prdihds/Enginean, P.G EXHIBIT BB Legal Description of City of Aspen Open Space Parcel EXHIBIT "A" LOTS 6 AND 18, SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. LOTS 1, 7, 8, 9, 10, 16, 17, 18, 19, 20 AND 21, SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. f EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND AS DESCRIBED IN: BOOK 166 AT PAGE 152, BOOK 176 AT PAGE 611, HOOK 176 AT PAGE 318, BOOK 178 AT PAGE 524, BOOK 181 AT PAGE 320, BOOK 185 AT PAGE 150, BOOK 1B5 AT PAGE 199, BOOK 195 AT PAGE 517, BOOK 199 AT PAGE 557, BOOK 202 AT PAGE 270, BOOK 213 AT PAGE 113, BOOK 225 AT PAGE 154, BOOK 243 AT PAGE 773, HOOK 243 AT PAGE 777, HOOK 294 AT PAGE 943, BOOK 302 AT PAGE 687, BOOK 322 AT PAGE 976, HOOK 323 AT PAGE 639, BOOK 335 AT PAGE 369, BOOK 335 ' AT PAGE 380, BOOK 335 AT PAGE 383, BOOK 351 AT PAGE 144, BOOK 742 AT ~~ PAGE 450 AND THAT PARCEL EXCEPTED IN THE DEED RECORDED IN BOOK 188 AT PAGE 462. COUNTY OF PITKI N, STATE OF COLORADO 4@0960 01/16/1997 11:34A PG 3 OF 3 , ~~ EXHIBIT CC Legal Description of Owl Creek Road EXHIBIT "A„ PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 109 Project Code: 12269 Date: January 14, 2000 DESCRIPTION A tract or parcel of lead No, 109 of the Deparhnent of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 1.493 acres more or less, Being a part of Lot 1, Burlingame Ranch Subdivision and Burlingame Seasonal Housing project and P.U.D., according to the Plat thereof recorded August 9,1999 in Plat Book 50 at Page 88 in the records of Pitkin County, in the Southeast Quarter of Secton 3, Township IO Soutt, Range 85 West of the Sixth Principal Merldian, in Pitldn County, Colorado, said tract or parcel being more paeticularly described as follows: BEGINNING at a point on the Northerly line of a parcel of land described in deed recorded ,+ Novemlxr 9, 1979, in Book 379, Page 107, from which the Northeast corner of said Section 3 bears North 12° 43' 37" Easi, a distance of 3,761 S2 feet; '~ 1. Thence North 31° 24'37" West, a distance of 141.21 feet; 2. Thence North l9° 05'06" West, a distance of 576.02 feet': ~: 3. Thence North 04° 42' 42" East, a distance of 129.06 feet to the centerline of existing Owl Creek Road; 4. Them along said centerline of existing Owl Creek Road, South 53° 28' 31 "Eas4 a distance of 86.17 feet to a point on the Easterly Right of Way line of Colorado State Highway 82 , Project No. AWP 2012-B November 1937; 5. Thence along said Easterly Right of Way Gne and along the arc of a curve to the kft , nontangent to the previous course with a radios of 2,342.00 feet, a central angle of 19° 27' " n : 37 , an arc length of 795.45 feet and a (chord which bears South 19° 59' S8" East a _ m ` "' , distance of 791.64 feet) to the Northerly Tine of said parcel described indeed recorded in Back 3 o 9 n $ 79, Page 107; ~ o S" b 6. Thence along said Northerly line, North 88° 54' 35" West, a distance of 88.68 feet to the • ~ n ~ ~ POINT OF BEGINNING- pn The above described parcel contains 65,024 square feet (1.493 acres), mace ar less. ~~~ ~~ BASIS OF BEARING: South 89° 12'25" East, 2703.97 feet, along the North line of the Northeast. Quarter of Section 3, Township 10 South Ran 85 W ~~ , ge est, of the Sixth Principal Meridian. The Nortb Quarter comer of Section 3 being a 2.5" G.L.O. Brass rap and the Northeast comer of Section 3 bei " ~ ~ ~ ng a 2.5 Brass cap, LS 9184, 1994. ~ .., „I,,..., PREPARED BY: ' ~~ ;' ply c''• % Ronald E. Ilk, PLS 24313 ~,~` .° , ='f~t+'/°' F; ~ _ MK Centennial Ir ~~ , 1D822 W. Toiler Drive 0 243 i5 Littleton, CO 80127 +. ~~, ~~ /cf~A( LAN~S ''~" e r "•~uu+nu~•a•• niu~ssrnowuFC,~six.lw.oac 4r"wly iA IN° EXHIBIT "A" PROJECT NUMBER: NH 0$21-051 UNIT 1 PARCEL NUMBER: 109-A Project Cade: 12269 Date: Janttary 14, 2000 DESCRIPTION A traM or parcel of land No. 109-A of the Department of Transportation, State of Colorado, Project No. NH 0821-0Si Unit 1 containing 6.313 acres more or less, Being a part of Lot 1, Burlingame Ranch Subdivision and Burlingame Seasonal Housing Project and P.U.D., according to the Plat thereof recorded August 9, 1999 in Plat Haok 50 az Page 88 in the records of Firkin County, situated in the East Half of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Firkin County, Colorado, said traM or parcel being more particularly described as follows: ~• BEGINNING az a point on the Center Line of existing Owl Creek Road, from which the Northeast corner of said Section 3 bears North SO° 1 I' 37" East, a distance of 2798.31 feet; 1 • Thence South 14° 19' 27" East, a distance of 237.13 feet; 2. Thence South 10° ] 0' 36" East, a distance of 154.45 feet; 3. Thence South 02° 07' 40" East, a distance of 392.93 fat; 4. Thence South 06° 32'47" East. a distance of 24?.72 feet; 5. Thence South 16° 20' 48" East, a distance of 324.03 feet; 6. Thence South 34° 45' 30" East, a distance of 120.14 feet; 7. Thence South 22° 01' 08" East, a distance of 465.Q6 feet to a point on the Northerly line of a parcel of land described in deed rocordcd in Book 379, Page 107 in the records of Pitkin County; 8. Thence along said Northerly line, North 88° 54' 35" West, a distance of 139.41 feet; 9. Thence North 24° 14' 28" West, a distance of 683.31 feet; 10. Thence North 10° 27' OS" West, a distance of 331.71 feet; 11. Thence North O1 ° l2' 46" West, a distance of 431.46 feet; 2. Thence North 09° 34' S9" West, a distance of 493.73 feet; 4 r el"io m,.no t9 °$o t RNQ ,- L m r a' n o = ~~~ m _~= =V Y ~~3 ~arr~-- 3 ~= ~~ a ~J m wccevva. ~~onrnmmuowrrcus~n. xe~,. wvo xo~~xo. i~ 13. Thence North 22° 38' 22" West, a distance of 36].63 feet; 14. Thence North 09° IS'44" West, a distance of 148.05 feet; 15. Thence, North 65° 06' S8" Fast, a distance of 24.94 feet to a point on the Center Line of existing Owl Creek Road; . 16. Thence along said Center Line, South 20° 26'00" East, a distance of 275.45 feet; 17. Thence continuing along said Center Line, South 29°'17'00" East, a distance of 215.03 feet; 18. Thence continuing along said Center Line, South 41° 41'00" East, a distance of 71.68 feet to the POINT OF BEGINNIlVG. The above described pazcel contains 274,999 square feet (6.313 acres), mote or less. BASIS QF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter comer of Section 34 being a 2.5" G.L.O. Brass cap and the Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, .1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial 10822 W. Toler Drive Littleton, CO 80127 .~`~'~QpOr 0 fiEG~~~l•.,a VO rapLDFt F9' LtiN`~ I~~~~~NUIII~I~~~ a °~is zN8 ea:4a SILVIA DfWIS PITKIN COUNTY to R 2e.N o s.ee ,> ~uC[EITVOLPL4l°ATAIT/RTMOWLLFGAL31iR.1°--A1YPD 3epew1a29, 1999 EXHIBIT "B" PROJECT NUMBER; NH 0821-051 UNIT 1 ACCESS PARCEL NUMBER: 109 Project Code: F2269 Date: September 20,1999 DEc(---• .RT~u EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE G of the right of way of Colorado State Highway No. 82, a Highway establishedR acrcoOrd ng t~ ~ o ~e State of Colorado, and froth and to any part of the property of the Grantor in the Southeast Quarter of Section abutting uupon said Hi8 away along orVacross the aceess h'rte orlines1desctrlbed ~ ~ µs only' Colorado, ; `m NH 08 1-0 I Tnrt'r t (Project No.) (Pat~No.) `terly (Location of Line) BEGINNING at a point on the Northerly line of a parcel of laud described in deed recorded November 9, 1979, in Book 379, Page 107, from which the Northeast corner of said Section 3 bears North 12° 43' 37" East, a distance of 3,761.52 feet; 1 • Thence Noah 31 ° 24' 37" West, a distance of 141.21 feet; a 2• Tttence North 19° OS' 06" West, a distance of 576.02 feet; n • ~ ~`e So"°- 3. Thence North 04° 42' 42" Eas a dis ®° N ~ t, tagce o. 129.Oti feet to a ~ ° of Owl Creek Road, said point also bein the oint of to potnt an the ectsttng centerline n S ~°-~ g P tmirtus of this description. ~' n m o e NO ACCESS POINT ~`~ ~r BASIS OF BEARING: South 89° 12' 25" Bast, 2,703.97 feet, along the South line of the ~S Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth principal ~~ Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap and the Southeast corner of Section 34 being a 2.5" brass cap, LS 9184, 1994. Z ~Y f ~a ,,gpUirpgr PREPARED BY: ~'`~,2p90 REGjf~'•.~. ~~ Ronald E. Ilk, PLS 24313 ~~ lF ~% a VO ,.aPlD~c 9F` ~~ MK Centennial ~ !eo'~jj~g9 ~~ o ? w 10822 W Toller Drive o 243}~~ ~ Littleton, C080127 i ~/,/ /lA /~l0 r~utrn~uowua%,LLn+c iorw°o repmq° M, IYl9 Page 2 [A N~ EXHIBIT DD Legal Description of Colorado Department of Transportation Parcels on State Highway 82 .• EXHIBIT "A" PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 110-Rev. Project Code: 12269 Date: January 14, 2000 DESCRIPTION A tractor parcel of land No. 110-Rev. of the Department of Transponation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 3.466 acres more or less, Being a part of Lot 1, Burlingame Ranch Subdivision and Burlingame Seasons! Housing Project and P.U.D., according to the Plat [hereof recorded August 9, 1999 in Plat Book 50 at Page 88 in the records of Pitkin County, in the East Half of Section 3, Township ] 0 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being mare particulazly described as follows: BEGINNING at a point on the Southerly line of a pazcel of land described in deed recorded August 17, 1989 in Book 599, Page 855, in the records of Pitkin County, from which the Northeast comer of said Section 3 bears North 39° 33' 22" East, a distance of 1,302.52 fee[; ~` 1 • Thence South 11 ° 08' 09" East, a distance of 110.96 feet; 2. Thence South 04° 07'37" West, a distance of 147.33 feet 3. Thence South Ol° 18'42" East, a distance of 424.88 feet; 4. Thence South 06° 10' 49" West, a distance of 405.17 feet; 5. Thence South 00° 56' S1" West, a distance of 384.58 feet; 6. Thence South Ol ° 12' 20" West, a distance of 262.20 feet; 7. Thence South 13° 24' 49" East, a distance of 353.85 feet to a point on the Northerly line of Common Area "E", Final Plat of Maroon Creek Club, a subdivision plat recorded in Plat Book 33, Page 4 in the records of Pitkin County; 8. Thence North 59° 23' 11" West, along said Northerly line, a distance of 125.86 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; 9. Thence along said Easterly Right of Way line and along the arc of a curve to the right, non-tangent to the previous course, with a radius of 2,242.00 feet, a central angle of 17° 03' 34", an arc length of 667.54 feet and a {chord which bears North \\P[_CEITVOLI\CEIDwTT13]12N10W~1.EGAl51T%.IIR0.WPD lure b, IY9] u ~m t9 °®° T N N 6 T ~ ~ O m a•~ nm ~~ =N ~a 1 `=' i sg ~_ `a -QN O ~J b 04° 29' 18" West, a distance of 665.08 feet); 10. Thence continuing along said Easterly Right of Way line, North 04° 02' 29" East, a distance of 1,351.78 feet to the Southerly line of said parcel described in deed recorded in Book 599, Page 855; 11. Thence South 85° 52' 23" East, along said Southerly line, a distance of 18.00 feet to the Point of Beginning. The above described parcel contains 150,969 square feet (3.466 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast comer of Section 3 being a 2.5"Brass cap, LS 9184, 1994. PREPARED BY: Gary Leak, PLS 26600 MK Centennial 10822 W. Toiler Drive Littleton, CO 80127 IIIIIIIIIIIIIIIN11111I111llllllllllllll 49 f307 N cDUr~rr cD 11111111111111®e,t6,2~0~ R 20.00 D 0.0002: ~3C l\PC_CE1J\VDL11[EIDATl1!]]]33Vt0`MSFGAISRK~ 116R. W VD lure 30, IYYY •~ ( 1 EXHIBIT "B" PROJECT NUMBER: NH 0821-051 UNIT 1 ACCESS PARCEL NUMBER: 110 Project Code: 12269 Date: May 27,1999 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the East Half of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: NH 0821-051 UNIT 1 )~Q Easterly 'Y (Project No.) (Pazcel No.) (Location of Line) ~ BEGINNING at a point on the Southerly line of a parcel of land described in deed recorded August 17, 1989 in Book 599, Page 855, in the records of Pitkin County, from which the Northeast comec of said Section 3 beazs North 39° 33' 22" East, a distance of ],302.52 feet; 1. Thence South 11° OS' 09" East, a distance of 110.96 feet; 2. Thence South 04° 0T 37" West, a distance of 147.33 feet; 3. Thence South Ol ° 18' 42" East, a distance of 424.88 feet; 4. Then•:e South 06° 10' 49" West, a distance of 405.16 feet; 5. Thence South 00° 56' S1 " West, a distance of 384.58 feet; 6. Thence South Ol° 12' 20" West, a distance of 262.20 feet; 7. Thence South 19° 10' S3" Ea,t, a distance of 394.13 feet to a point on the Northerly line of Common Area "E", Final Plat of Maroon Creek Club, a subdivision plat recorded in Plat Book 33, Page 4 in the records of Pitkin County, and [he point of terminus of this description; NO ACCESS POINT BASiS OF BEARING: South 89° 12' 25" East, 2,703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter comer of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast comer of Section 34 being a 2.5" brass cap, LS 9 ] 84, 1994„\~~""""'~.,,,, PREPARED BY: `c~:.~P~oF,, Fyn Ronald E. Ilk, PLS 24313 ~ ~ o Ss7/qqr~; o = MK Centennial 43 7 3 } s P.O. Drawer 1307 Arvada, CO 80001 ii~~ riom }~ ~. n m 0 °~°o ~~ ~ O T b n 9 O ~aom 0 ~~~ N ~~ ~ 0 u ~~o V =Z ~~a ~~ _N Q ~~ o ~~ a ~~ J b N:\ISD33VtOWUEGA151AGIIO.WP ','S, Y^~ 1Q NO m.r n. lssv Page 2 '"~~u n, u.l' EX2~~• .r~., PRp,~~ •~~ER: iY$ 0821-051 GrTT 1 P,s~jCEL N~Jy)$FR: Ill •Rev. Prvjsst Coda: 12269 Dater Febrnat-v,~„~~ 2000 p p G~Rlp'I'1q V A tratt or parcel L~~+ `+o. i I1-Rav. of the L)epartrrkn; ei T -''<%jat Yo, V'Fj 08^_I•C51 r I ring! Subdivision Plat do P. ~.. concaintng 2684 u,_a mote or r t~ror'ation. State of [he rcords of Pitlti~ Courr;, C~ for lfurogn Crop Qttb, ti -`xs, beir. a ColeraciO ..cottled is Plat bo P~ of Ccmr:'ton .~ ..~ . =, i ]wncn% -° C:c Booth west Qnartt- oI Becton 2 olc 33, Pages 4 throe ~ p 10 Sottth. Rang= gs Q'-est of the Sic_h .. ~d to the Sautl:cuz ~ l ~ ~ or oarz! bcirg more pa'icniariy d~e::bed as follow :: a teal Vtcridian. ;n Puldu Co~Y. CQuatte: of Becton `i londo..laid ttac; carne o s,-~aid 5 ~G ~ a point on the Nottheriy tine of said Sean Ycrth I4° l5' 32" Fa;L a dts Comrisptt Aces 'E', ty'tca of _.176.35 feet,~m which the ,~ortl~;ase .. Thrnee South 13° 24' 49" Wit, a distant of 287.39 feet; = Thcce South c l ° ~g~ 2: ~. ~L a disrance of 26x.98 itx;; ' Thence South 31°36'3° East a di°tgt~ at 103. T, feet; ' Thence Souc4 3;° So' 36'" Evt, a disrane- of x52.43 fx;- S. Thence South S i ° ?: }~, Eazr, a d+stance of t I2••39 leer, 6. T;~e.-tee South 37' ~r Op., East. a dutanca of %8.47 i__c; i Thence SUl:tll 43° 39' ()T' G]SL a d15SdrIC~ Of 202,2 Stage Road u shown or. said Pfat of Maroon 6 `~ to a oint P On the Yorrherly IinC Of s. c Wit- CInb; Pre~i l~ous ~itrst 'x't hoa r erly line<nd along the arc of a atrve to the ri 78.46: ~-'ius of X0.00 ?ee4 a catral angle of ~° S~'L nontaagent m the point on he Fzs[ar~~ ~ of W ~i Noah 89° 4G' 07•• WC5'L a divmacc?of 0.65 f "~[h of . ov. 1937); Colorado J'rata I-lighway 82 ~l to a 1Troie=: vo. ~W? 9- Theace alo yg said EuterfY R;ght of Way line 2~d along the arc of a a '`dies of 5,680.Op Fat. a central 37 •. a (chord which S ct:rvc co the rigl1C •++ith 10. errs Perth 39° 04'u49 ~ Westla disrtnce oful,l?~g hftet); 137.'7 Peet ead Tb"~c= contimsine alor.3 slid E:tst'~!y gilg7t of W of 124.60 :eel to a eaint o? etrt:.'atyre: $y riot, tiocth 33°?O' 30" west. ad•',s[anr_ rw'iDu IIIIINIIIIIIIIIillllllllllllllll111111111111111111 49' Z'f. ourviv co R Illle08/I oZ~ee Z; ABP ! ! . %tene: centinu:n, along said Easte-fy Ai~t of `h'a:r L¢a and along the arc of a e;y re -o 'he ~a•arith a :adios of 2.'4'Z_~?; 30' 48'g4_r„'~• l9 20 . as arc fen of 79; 2 feet (chord ~Naich 6cars ~ ~ •. €~ a the Vonherfy Tine of ilirj Car•.t,.on ?1rCa "~"~ d dtstance O[ ?91 .i 1 :x'? ro a -oinc on `~' '.~cnce alonY said Norherly :ire Sunth .9°'?-~ PolaL of Begtn»ibo, ' I i" mast, a ^ s~nec of 1~i.86 .`eet co tho T;L shove described parcel ccncaias :16.89? square veer (2,tS8~ ae-as), ;Wore cr Irss. BASIS OF BE4RLYG: Soeth 99° L2' «~" East. 2703.9'7 iee4 along the Poch line of the Yot•dKazt Ouarer of Seccon .'>. Township IO South. Aaage 95 tiVesC of die Sixt:~ PriaciFal !~(radi:E. Tye Y Qiar.:r comer cl5eccon 3 t~ n, a 3.S" G.L.O. Huss cap, The Northeast core- of Seccon 3 bcin° Brass c orh ap, LS Sias, 1994. ° a;=2.V,. PAF3.~RED BY: Cap/ Lek, ?TS 26600 ~!R Ce~terr,;al !08'2 W. Toilet Dove Littlewo, CO 80127 11111NlllllllllllJIII11111111111111111IIlIII1 fI~'rJ 4" 31: 4 LINTY CO 1,'1111 00/16/2002 02:48P R 20,00 D 0.00 r~~ %Z13T1•.YVJ:Gy,j{rL1I I-x VDp 4'auvr . h00 F~G.JE Egli-BIT'.$„ CT N-[,'iL1$gR: \'H 01321-052 L'MIT 1 4 CCESS PARCkZ, ?tiZ'~'1BER: 111 Project Code: I2'+~9 Date: Februgry ~ 2000 I1FSC72~,~. EAC3? .~YD Eti~gy R jC•FT OR RIG . of he , •i;r ai way of Colorado S 1•'TS OF ACCESS OF , Scare of Calerado, and fr tarn rllghway :Yo. 82, a I-`.° wa 'iIE GR.41Y'rOR ro and hvm any Pic ?~~ncioa!'Vfe-id[marrda Sou[hc..yadurc anY par, oiorb ~pTo~Y ofyy~~ran.o~m oordiDg top laws or [he to Pi 4 ~'`•- of 3rd the Sourhw or i_~cs desc-+jxd as fo!lowy ~N' Colorado, abutting ^non~dl~ Seu gc 33 Wos ~CCt-~ of do Ran ~ of , -[gbway, alar5 or acouL ith ~~1-0"1 l7~'• ~u lint 1" rG a[ a pc.3t on on of Lint) P. L'. D. for Maroon tho North°i1Y line of Stag: Rid as sho '~ Ce®,,. _, Creeic Clnh, recntdr>j in Ptat book 33, "~ cn the ,-^: . `'om "bich the Sauttt .:sa1 Subdivision plst $ ,- ens: comtr of said Section 3 be ~~[h 4^~~a ?' in th„ t[l~a ars Sou ° j - ~nrds of p' u%es[ s dis[attce of 84612 Theoce Yorth a3° 39.07. ~N`~ s distance or 202,26 feu; I- 2'henc~ Vcrt}t „° 52' Op" W~ a discsnc~ of 368.e7 fKt; s Thence North i 1 ° ? i• z4" WesL a disynr_ of 11239 fit. Thence Noah 37• j6. 36" West a distance ~;S2.a3 '• Thence North 2!' ' fret: :6' 32" West, adistant-, of ~08.73;e-;; 6 Thcncc Nark 21 ° 23' 2 ~ ° West a discmce of 264.98 ?eet; J. Thance Vor;lO_°,6. ;0., West, adi.9tanc° f,~_ 8' Z''enec North i9° f 0' Si' West, a disrancc of 29.60 fr`<; [a a Comtuon `\'r~ _E". as shown on said Final °iar of _ ~rtrunus of this description; paint on the Narthctfy line of Htat~on Crr_k Clap, and the Point ai NO ACCESS POTiyT Southeast B QuarreOr of Sec~op 4. To..~asht9'p 19 So ~t' 2,?03.97 fee;, along the South line of the South guar-rte coma of Section ;4 beia n. t.. Rat. 3_~ ~~ o~ Six[ c being a 2 S" brasa cap, S a - - G.l-.O. Bt~~ase wU h Priacipat ,~(qid~_ T;- L.S 918x, i99e, rl:east coma of Section 3a P2`a,gR~ $t,: ate": ~,~,~ Garj Ccak, PLS 2b600 y+QEv\5~ •B.G~ +~!iC Centennial r !O ".i~1+ls - "L I082^_ W'. Toiler Drive "•~;Q. ' liale•.on, CO. 80I2i - ~ ~ 7 °" ~~ aw,~y,~ ~ R ;=eS L`y8 v0 ~ WT,:JtRCwl~gti(:.~ u.'.vrp Page _ MO>rR~ u N vm~ t w N m o m T m Q TYNO n a~ stn°om m o n ~~ ~ ~~ s ~~~ ~~~ ~Y ~~ n ~~ N ~_ j Q _~= D a ~~> ~~ N MEMORANDUM ~ ~~ TO: Mayor Ireland and Aspen City Council /~~ THRU: Chris Bendon, Community Development Director) rye/) FROM: Jennifer Phelan, Community Development Deputy Direct RE: Aspen Valley Hospital -Master Facilities Plan (401 Castle Creek Road) - Conceptual Planned Unit Development -Resolution No. 3, Series 2009 - Public Hearine (continued from February 9, 2009) MEETING DATE: April 13, 2009 APPLICANT /OWNER: Aspen Valley Hospital, David Ressler, CEO REPRESENTATIVE: Leslie Lamont, Lamont Planning Services. LOCATION: Parcel C, Aspen Valley Hospital District Subdivision, commonly known as 401 Castle Creek Road. CURRENT ZONING a4L USE Located in the Public (PUB) zone district. Lot C contains 19.1 acres or approximately 832,085 sq. ft. of lot area. PROPOSED LAND USE: The Applicant is requesting to develop a master plan for the redevelopment and expansion of the hospital campus. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends conceptual approval of a Planned Unit Development with conditions. STAFF RECOMMENDATION: Staff recommends that the hearing be continued to April 27, 2009 at the conclusion of tonight's hearing. Page 1 of 6 Photo of the hospital's main entry. LAND USE REQUESTS AND REVIEW PROCEDURES: As noted in previous staff memos, the Conceptual Planned Unit Development review for the proposed master facilities plan of the hospital is being divided into a minimum of three heazings with individual topics as noted below: January 12, 2009: Project Overview: Operational Needs, Program, Trends, Phasing, Architecture & Design January 26, 2009: Employee Housing, Site Improvements (grading, drainage, trail location), Noise Analysis, Housekeeping items February 9, 2009: Transportation (parking generation, trail easement, site, roads, bikes, trails, parking garage), Miscellaneous Items, Conditions of approval April 13, 2009: Discussion on additional uses proposed on the site based upon previous council comment April 27, 2009: Discussion on transportation, potential vote Again the purpose of Conceptual PUD is to allow the Council the opportunity to identify any major questions or concerns that you would like to have the Applicant address further, either at this stage of review (conceptual) or at a later more specific stage of review (final). **PROJECT CHANGES SINCE FEBRUARY 9Tx**: Since the last hearing, the Applicant has been working on amending the program of uses initially proposed for the site based upon Council's comments during past meetings. In these meetings the desire to see on-site affordable housing, assisted living, and detox treatment on the campus was raised. The Applicant will be bringing site plans to the hearing showing conceptual proposed changes to the site based upon council's input. PROJECT SUMMARY(PROVIDED IN EACH MEMO): The Applicant, Aspen Valley Hospital District, LLC has requested approval to redevelop and expand the existing hospital campus which was annexed into the city in 2003. The focus of the proposal is on Pazcel C of the campus, where the hospital, senior center/assisted living (Whitcomb Terrace), ambulance barn, heli-pad and the hospital CEO's residence is located. Parcel A of the campus includes the Schultz building and Mountain Oaks employee housing. Pazcel C contains approximately 19.1 acres or 832,085 squaze feet. A site map is provided on the next page per Figure 1. The Applicant would like to redevelop the parcel taking into account a twenty year program life cycle with an anticipated 2016 build-out timeline. The following tables compare existing and proposed development for the site and the buildings on the campus. Page 2 of 6 Table 1. Existine and Proposed Conditions Existin Conditions Pro osed Conditions Pazcel Area 832,085 s . fr. 832,085 s . ft. Building Footprint (residence, hospital, bus barn, & hase I) 90,849 sq. ft. 171,164 sq. fr. O en S ace 550,536 s . ft. 471,067 s . fr. Surface azkin 175 110* Notes: * The proposed surface azea does not include pazking structure spaces, with parking ara e s aces the total a uals 339 s aces. Tahle 2~ Existine and Proposed Gross Souare Feet of Development Existin Facili Pro osed Total at Build-Out Below Grade 5,000 24,558 29,558 Above Grade 70,700 96,]21 166,821 Med. Office 0 17,716 17,716 Sub-Total 75,700 138,395 214,095 Pazkin Gaza e 0 76,000 76,000 Total 75,700 214,395 290,095 Figure 1: Subject Site ~~'-~_-~'__ \ NORM Y i ~ ~~~i. ~ ~ ~ ~ " ~`~. /' ~/~l I ~ \\` ~` ~, l i ~, ~ ~ \ ~\ ~~~ ~~i ~ AjV ~\ ~;~, ~:~ ~, ;~ i ~ ~\ i ~~;~~, i ~ ~, ,. ~ \ i ~. ~°' ~ ~ ~ „.~..,,,, n ~1 ! ~ ~ ~ .~..."""~4 ? ~"~ ~, r~~, Page 3 of 6 POTENTIAL CONDITIONS: The following aze potential conditions that staff and the Planning and Zoning Commission have recommended to include in a resolution approving Conceptual PUD. Additionally, issues raised by council aze also noted. Please review the bulleted points to ensure that an accurate list of conditions is proposed. Employee Housin~/Generation: • The Applicant may consider the effects of volume, support services, decompression and increased efficiency as outlined in the Conceptual Application dated January 2008 when determining Employee Generation. • Medical office space employee generation evaluation methodology will be determined prior to the conceptual vote. The generation rate may be evaluated by auditing other medical offices or by using an employee generation rate from the land use code. • Existing Employees Housed credits can be used for Employee Generation mitigation; however, a detailed inventory of the total number of employees housed, credits that have been used, and those remaining shall be provided. It is recommended that a credit be based on what is actually occurzing with regard to residency vs. adopted Employees Housed rates. • It is strongly recommended that some employee housing be provided on the hospital campus. Site Improvements ( rg ading, drainage, trail location): • Any relocation of the Nordic trail will be finalized with the input of neighbors and the consent of the Parks Department. • The Applicant will further evaluate the feasibility of using the proposed detention ponds for snow storage, as the proposed vehiculaz use of the trail to access the ponds is not permitted by the city. An alternative solution for access to the ponds or for snow storage needs to be considered and developed. Easement Housekeeaina: • Consent by departments potentially affected by the removal of the 100 feet easement shall be received prior to removal of the easement. A clear history of the 100 feet easement and the affordable housing `pazcel' designated on the site shall be provided for the city to consider removal of both. Site Access: • The Applicant shall include a greater study area for the main entry to the hospital to include the RFTA bus stop, the pedestrian crossing across Castle Creek and Doolittle Drive. Any proposed options will be reviewed with RFTA, the Parks Department, Transportation Department and Engineering Department. • As the application continues to be developed in further detail, the Applicant will need to design the RFTA bus stop to appropriately queue two busses and ensure that wheel paths and turning radiuses work appropriately. Pedestrian pathways and crossings (which will change as development occurs in phases) will be reviewed and evaluated for safety and lack of conflicts during construction and in their final configuration The Applicant should also Page 4 of 6 consider installing the improvements to the bus stop and pedestrian crossing during the second rather than fourth phase of redevelopment. • Based upon the concerns voiced by the CiTy Engineer with regazd to raising the height of Castle Creek Road and the construction that it will entail, staff recommends that the Applicant continue evaluating options that that aze less impactful and meet the goals of the master plan. Traffic Analysis: • A detailed traffic impact analysis (TIA) is required to be submitted at Final PUD that includes the roundabout, proposed service road and the Doolittle Drive/RFTA bus stop/pedestrian crossings. Additional information that responds to the questions that the Transportation Department raised should be provided. It is recommended that a Rodel analysis be used for the roundabout study. This should include a plan for an extensive TDM program by the applicant. Elements of the TDM program could include increased transit service, van pooling, carpooling, preferential HOV pazking, paid pazking, cazsharing, and other TDM programs. • While the LOS (Level of Service) analysis has provided important data on all of the intersections impacted by the proposed development, it is recommended that a RODEL or SIDRA computer softwaze program be used in the analysis of the roundabout. These macroscopic software models analyze traffic operations at roundabouts and predict the performance, capacity, and delays associated with roundabouts. Parkin • By Final PUD application, the Applicant shall provide a current, detailed parking needs assessment based upon the proposed size and use of the building. Overall Building Size Uses Architecture, and Design. • The proposed building size, massing and scale are conceptually appropriate for the site as well as the proposed uses; however, the parking garage should be evaluated and treated to minimize visual impact. The proposed materials and azchitecture of the building aze appropriate for the site. • The Applicant should consider the potential for future development/expansion needs of the hospital past the twenty yeaz development horizon. This may include proposing a building that can add an additional story. • Additional community services should be considered in the program for the hospital. Environmental Initiatives. • The Applicant will collaborate with the city and explore ways to incorporate `green' technologies into the project. RECOMMENDATION: At this point and time, Staff recommends the City Council continue the public heazing to Apri127, 2009. CITY MANAGER COMMENTS: Page 5 of 6 PROPOSED MOTION: "I move to continue the heazing on the AVH Master Facilities plan to Apri127, 2009." ATTACHMENTS: EXHIBIT A - PUD Review Criteria (provided 1/12/09, 1/26/09, 2/9/09,) EXHIBIT B -Planning and Zoning Commission Resolution No. 23, Series of 2008 (provided 1/12/09) EXHIBIT C -Planning and Zoning Commission minutes: July 1 S`, July 15`h, August 5`h and August 19, 2008 (provided 1/12/09) EXHIBIT D -Map of hospital district boundaries (provided 1 /12/09) EXHIBIT E -Application dated January 2008 (provided 1/12/09) EXHIBIT F - APCHA Referral dated July 3, 2008 (provided 1/26/09) . EXHIBIT G -Engineering Referral dated May 17, 2008 (provided 1 /26/09) EXHIBIT H -Parks Department Referral (provided 1/26/09) EXHIBIT I -Draft snow storage/drainage design changes (provided 1/26/09) EXHIBIT J - Pitkin County referral comments dated May 6, 2008 (provided 2/9/09) EXHIBIT K -Transportation Department referral (provided 2/9/09) EXHIBIT L -Public comment from Karen Ryman dated July 2, 2008 (provided 2/9/09) EXHIBIT M - Environmental Initiatives Team referral dated March 3Q 2009 Page 6 of 6 MEMORANDUM To: Mayor and City Council From: City of Aspen Environmental Initiatives Team: Phil Overeynder, Public Works and Environmental Initiatives Director Kim Peterson, Global Warming Project Manager Lee Cassin, Environmental Health Director John Hines, Renewable Energy Utilites Manager Jeff Rice, Utilities Efficiency Manager Lee Ledesma, Utilities Operations Manager Stephen Kanipe, Chief Building Official CC: Leslie Lamont, John Schied, Stephen Selby, Jeffrey Bowick Jennifer Phelan, Deputy Planning Director Memo Date: Mazch 30, 2009 Meeting Date: April 13, 2009 Re: City/ AVH Collaborative Efforts to Green Phase II of hospital expansion City of Aspen staff have been working with AVH staff and its consultants over the past 17 months to explore projects and technologies to make the hospital expansion as green as possible. As the Aspen Valley Hospital is proposing almost doubling the size of its current facility in its Phase II expansion, there are many opportunities for the City to partner with the hospital so that the environmental impact of a lazger facility is minimized. The following list represents some of the joint opportunities that the City and AVH aze discussing together to make this project an example of green innovation and lessen its environmental impact on the Aspen community. Additional future work will be necessary to assess the feasibility of these potential ideas. Raw Water -Reduce or replace raw water for irrigation by better management of the irrigation system and possible gravity fed pressure instead of using electricity to power an irrigation pump. There could also be an option to use raw water in the chillers which would offset electricity use. The hospital is also promoting xeriscape in its landscaping to minimize irrigation and is employing a "smart valve' water system to reduce water use. 2. Geo-exchange -The public works department is studying the feasibility of developing heat exchange off the reservoir at the water department, just above the hospital, or the raw water line to the hospital to supply AVH with heat utilizing a heat pump. Since the City is running the water lines and penstock for the Castle Creek hydroelectric plant directly past the hospital, it would be easy for AVH to tap into this heat source. By adding heat exchangers, AVH could significantly reduce its use of natural gas. The geoexchange could also be used for snowmelt. The retention ponds for runoff might also have the potential for geo-exchange. The City is designing the geoexchange lines now and will install them when the trench is dug for the penstock. AVH can take a loop off the city lines. Resource Engineering Group is calculating how much heat can be derived from this system (study being paid for by the city). 3. Micro-turbine - amicro-turbine could be added to capture the energy of either the raw water or potable water that will flow downhill from the water plant to the AVH. These microturbines would produce electricity. A feasibility study for this project is also being prepazed by Resource Engineering Group. 4. Co-generation -the hospital is interested in a natural gas generator that would produce both heat and power. One alternative for this is a Fuel cell powered by hydrogen. The City's long range plan includes producing hydrogen from the hydroelectric turbine to be installed at Castle Creek and then selling that hydrogen to customers for use in fuel cells. It is not likely that this project will be ready for the Phase II of the hospital's expansion but could be explored for later efforts. 5. Building envelope -The building itself should be made as energy efficient as possible. While the City has not yet adopted the IECC 2009 and AP2030C building codes, if it does and the AVH project is subject to those codes, then the building will have to be about 30 - 50% more energy efficient than if it were built today. The Building Department and Canary Initiative could collaborate with AVH to facilitate the design of a building that would be highly energy efficient. AVH is doing building energy modeling and is designing the building to meet ASHRAE 90.1 standazds. 6. Purchasing green power - AVH is on the Holy Cross electric grid. AVH has expressed interest in buying more renewably produced power from Holy Cross. Holy Cross is limited in the amount of renewable electricity it can provide to clients. Aspen Electric is in a position to facilitate the purchase of green power by AVH by selling hydropower to Holy Cross Energy to meet its client (AVH's) demand. Time is of the essence on this type of an•angement as the City utility currently has several renewable energy purchase options that would allow the city to be able to enact such a transaction. 7. Air quality -AVH is working with a traffic engineer to assess the air quality impacts of traffic generated from the expansion of the facility and to design a parking management plan. The hospital has purchased two employee commuter vans and is working with RFTA to enhance the Doolittle Drive bus stop. The Environmental Health Department will work with AVH and its consultant to devise a traffic reduction plan that reduces the air quality impact of the expansion. VII~l~ MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: Mayor Ireland and Aspen City Council Errin Evans, Current Planner Chris Bendon, Community Development Director Apri16, 2009 April 13, 2009 RE: Pitltin County Jail - 485 Rio Grande Place -Specially Planned Area Amendment and Growth Management Review Continued -Second Reading and Public Hearing of Ordinance No. 5, Series of 2009 APPLICANT /OWNER: Jodi Smith, Pitkin County REPRESENTATIVE: Stan Clauson Associates, Inc. LOCATION: Pitkin County Jail - 485 Rio Grande Place; Legal Description -Pitkin County Center Lot 1 and Lot 5 of the Rio Grande Subdivision; Parcel Identification Number-2735- 182-19-002 CURRENT ZONING & USE Located in the Public (PUB) zone district with a Specially Planned Area (SPA) overlay containing public buildings such as the County Court House and the County Jail. PROPOSED LAND USE: The Applicant is requesting to construct a 324 s.f. addition to the north side of the Jail to house computer servers. This project is funded by Pitkin County. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Council approve the request to construct an addition to the County Jail Building with conditions. SUMMARY: The Applicant requests of the Council to approve the SPA Amendment and Growth Management review in order to build an addition on the site. Revised 4/6/2009 Page 1 of 2 Photo of the subject property STAFF COMMENTS: Because of issues with the public noticing requirements, this land use case is continued from the March 23rd Aspen City Council meeting. Please refer to the packet that was provided for the meeting on March 23`d for more information. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: If the City Council chooses to approve the proposed amendment and growth management review, they may use this motion "I move to adopt Ordinance No. 5, Series of 2009 upon second reading." ATTACHMENTS: Exhibit A -Staff Findings (provided in packet from March 23`d, 2009) Exhibit B -List of prior plans and approvals (provided in packet from March 23`d, 2009) Exhibit C -SPA from 1977 (provided in packet from March 23`d, 2009) Exhibit D -Application (packet for first reading -February 23`d, 2009) Revised 4/6/2009 Page 2 of 2 Ordinance No. 5 (SERIES OF 2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE A SPECIALLY PLANNED AREA AMENDMENT AND A GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO THE PITKIN COUNTY JAIL BUILDING LOCATED AT 485 RIO GRANDE PLACE, LEGALLY KNOWN AS LOTS 1 AND 5, PITKIN COUNTY CENTER, CITY OF ASPEN, COLORADO Parcel Identification Number 2737-073-47-851 & 2737-073-06-855 WHEREAS, Stan Clauson Associates, Inc. located at 412 North Mill Street, Aspen, Colorado on behalf of Pitkin County, 530 E. Main Street, Aspen, Colorado, submitted a request for a Specially Planned Area Amendment dated October 6th, 2008 to the Community Development Department; and WHEREAS, the subject property is located at 485 Rio Grande Place, Aspen, the parcels aze identified as parcel numbers 2737-073-47-851 & 2737-073-06-855, and the legal description of the property is: Pitkin County Center, Lot 1 and 5, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, the Specially Planned Area approval for the Property was originally approved by the Aspen City Council in 1977 and again for the Rio Grande Master Plan in Ordinance No. 10 Series of 1993; and WHEREAS, the current request is to receive approval from the City Council for a Specially Planned Area amendment to amend the SPA and Growth Management Review to permit the construction of a 324 squaze feet addition to allow for storage of data equipment and computer servers; and WHEREAS, the Planning and Zoning Commission reviewed and considered the application for a Specially Planned Area Amendment Review and Growth Management Review, and has taken and considered public comment at a duly noticed public hearing on December 16th, 2008 and January 6`h, 2009 respectively. The Planning and Zoning Commission approved Resolution No. 36 of Series 2008 and Resolution No. 1 of Series 2009 to recommend that the City Council approve the application; and, WHEREAS, the City Council reviewed and considered the application for a Specially Planned Area Amendment Review pursuant to Code section 26.440.050 under the applicable provisions of the Municipal Code as identified herein and Growth Management Review as pursuant to Code section 26.470.090, has reviewed and considered the recommendation of the Community Development Director and the Planning and Zoning Commission, and has taken and considered public comment at a duly noticed public hearing on December 16th, 2008; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution 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 IN REGULAR MEETING ASSEMBLED, THAT: Section 1• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the of the Specially Planned Area Amendment and Growth Management review as requested for the Property. The recommendation of approval granted herein is conditioned on the following: 1. The applicant is required to remove snow or store accumulated snow on site. Snow is not permitted to be relocated to the Rio Grande Park to limit damage to the sprinkler heads. 2. The applicant will be required to apply for a lot line adjustment or otherwise remedy the building location proposed to be over a lot line. The Building Code does not permit buildings to span lot lines. 3. The Parks Department requires a landscaping plan be provided with the building permit that provides for: a. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b. Plant Spacing: Appropriate spacing will be required for all new plantings. Coniferous Trees will require adequate spacing between trees and distance from buildings or structures to allow for mature growth. Deciduous Trees will require adequate spacing from structures to accommodate mature growth in height. c. Seed Mix and Irrigation: Applicant shall use the City of Aspen approved native seed mix and a temporary or permanent irrigation system will be required for establishment. d. Weed Management: Applicant shall detail and define how it will manage noxious weeds during the seed establishment period. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended z as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: All material representations and commitments made by the Applicant pursuant to the approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: A public heazing on this ordinance shall be held the 23`d day of March, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice shall be 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 23rd day of February, 2009. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2009. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Vl~l~ TIC 6~Y ~Ilspen EitY O~waev7 ice Memorandum TO: Mayor and Members of Council FROM: James R. True DATE: Apri16, 2009 RE: Code Amendment Regarding Section 24.12.060, Trail crossings, yielding, safe speed, of the Aspen Municipal Code Attached for your consideration and review is a proposed Ordinance which, if adopted, would amend Section 24.12.060, Trail crossings, yielding, safe speed, of the Municipal Code. The Aspen Police Department has recommended this amendment to address conflicts between trail users and automobiles at private driveways and to conform the Aspen Municipal Code to rules that have been adopted by the State of Colorado and provided to trail users throughout the state. Last summer there were several conflicts between bicycles and automobiles on trails that cross private driveways. The rules of the road set forth in Section 24.12.060, address trails crossing roads but not driveways. Due to the number of trail and driveway crossings on improved City trails, particularly along Cemetery Lane, the Police Department felt it was necessary to address these crossings. This proposed amendment requires automobiles using private driveways that cross trails, to yield to trail users. Also, Section 24.12.060 conflicts with rules that have been produced and distributed by the State of Colorado, regarding pedestrian and equestrian conflicts. This amendment conforms City rules to State Rules. Finally, this amendment repairs an incomplete phrase in the original ordinance and adds "Skaters" to the language of the ordinance. Use of the trail system by skaters has increased significantly since the ordinance was adopted in 1971. Community Safety and Parks officials will be present at the public hearing to answer any questions you might have regarding the proposed ordinance. ACTION REQUESTED: A Motion to approve Ordinance No. 7, Series of 2009. CITY MANAGER'S COMMENTS: cc: City Manager Aspen Chief of Police ORDINANCE N0. 7 (Series of 2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 24.12.060 OF THE ASPEN MUNICIPAL CODE, TRAIL CROSSINGS, YIELDING, SAFE SPEED WHEREAS, the Aspen Municipal Code, Section 24.12.060, Trail crossings, yielding, safe speed, sets forth roles for the use of trails by bicyclists, pedestrians and horse riders; and, WHEREAS, this Section ofthe Aspen Municipal code states that trail users shall stop at all roads and yield to automobile traffic. All trail commonly cross private driveways, nothing sets forth the rules for such crossings. Changes to this section will address such conflicts; and, WHEREAS, this Section of the Aspen Municipal code conflicts with certain rules and information that have been produced by the State of Colorado for all trail users; and, WHEREAS, this Section of the Aspen Municipal code, which was adopted in 1971 does not address the use of trails in the City of Aspen by skaters, who have since become signifi- cant users of the City's trail system; and, WHEREAS, this Section of the Aspen Municipal code, which was adopted in 1971 has a phrase that is incomplete and is confusing to the reader; and, WHEREAS, the Community Safety Division of the Aspen Police Department believes that it is in the best interest of the City of Aspen to conform its regulations to State laws in or- der to avoid confusion by the public at large; and, WHEREAS, the Community Safety Division of the Aspen Police Department believes that the change itself will not create confusion within the City of Aspen and its citizen, as the proposed rules are consistent with the generally accepted rules of trail use; and, WHEREAS, the Community Safety Division of the Aspen Police Department believes that the addition of rules regarding the crossing of private driveways will increase the safety of trail users; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. T°- "~°~~° `°"'^°°'"^^''° like-this- • Text being added is bold and underline. Text beinE added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The City Council hereby amends Section 24.12.060 of the Aspen Municipal Code as follows: Sec. 24.12.060. Trail crossings, yielding, safe speed. Trail users shall stop at all roads and yield to any automobile traffic; unless the intersection is posted otherwise. Trail users shall not be required to stop at each private driveway. At such intersections, automobiles shall yield to trail users. Bicyclists, Skaters, Pe- destrians and others shall yield to Equestrians. Bicyclists and Skaters shall yield to Pedestrians. Bicyclists shall yield to Skaters. Downhill users yield to Uphill users. o }~w...,... Faster users yield to slower users. ~~°~~°'° ~~°° ~'~"" `'°'a `°''°'°° ^a°"° ""' "`'°"'"' 1. .7 .1. 11 1.7 k "a""w.:" «.7 l...tL, l.: ..l:..f.. 1... .,.i «. etn~°°„su-hasi,rb--ic c ..........:.: c.., : e:".e?:?.:b. All users of trails shall obey any posted warning, caution or other signs. Horses are restricted to the unpaved portions of trails unless otherwise posted as provided by law. Users of the paved trails shall keep to the right half of the pavement at all times. Cyclists, Skaters and Equestrians r''iv"r3c"mca shall travel at a safe speed at all times. Section 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. Notice A public hearing on the ordinance was held on April 13, 2009, in the 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 9`" day of March 2009. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 13`" day of April, 2009. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney vw~ MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Ben Gagnon, Special Projects Planner THRU: Jennifer Phelan, Community Development Deputy Dire ^t r DATE OF MEMO: Apri16`h, 2009 MEETING DATE: Apri113`h, 2009 RE: Lot 1, Boomerang Lot Split - 501 W Hopkins Ave -Exemption from Expiration of Vested Rights Public Hearing of Resolution No. ~ Series of 2009 SUMMARY: The Applicant requests City Council approve an exemption from expiration of vested rights of an approval to build a single-family home on Lot 1 of the Boomerang Lot Split, at 501 W. Hopkins Ave. APPLICANT /OWNER: 501 West Hopkins LLC REPRESENTATIVE: Vann Associates LOCATION: 510 W. Hopkins Ave.; Legal Description - Lot 1, Boomerang Lot Split; Pazcel Identification Number - 2735- 124-66-001 CURRENT ZONING Bc USE Located in the Medium-Density Residential (R-6) zone district. PROPOSED LAND USE: The Applicant proposes to be exempt from the expiration of vested rights. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Council approve an extension of vested rights rather than the requested exemption from the expiration of vested rights, with conditions. This would provide a three year extension rather than the requested perpetual extension. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: • Exemption from Expiration of Vested Rights The City Council may by resolution at a public hearing noticed by publication, mailing and posting [see section 26.308.010(B)] approve an exemption from the expiration of vested rights in accordance with this Revised 4/6/2009 Page 1 of 3 section. Only subdivisions composed of detached residential or duplex units shall be eligible for the exemption. City Council is the final review authority who may approve or deny the proposal. PROJECT SUMMARY: The applicant has requested an exemption from the expiration of vested rights for Lot 1 of the Boomerang Lot Split Subdivision approved by Ordinance No. 6, Series of 2006, which allows for the development of asingle-family home on the subject lot and is commonly known as 501 W. Hopkins Ave. The Boomerang Lot Split Subdivision is a two lot subdivision that consists of adeed-restricted duplex and two single-family detached homes on Lot 2, and asingle-family home on Lot 1. The affordable housing duplex and one single-family home on Lot 2 are completed and occupied, with the second single-family home on Lot 2 almost completed. A building permit was issued for Lot 1, and basement excavation was near completion when 510 W. Hopkins LLC decided not to continue going forwazd with construction. The Boomerang Lot Split Ordinance vested the approval until Apri128, 2009. A site specific approval is typically vested for a period of three (3) yeazs from the date of the approval. This vesting period allows a developer to build what was approved, subsequent to the approval, without having to meet any regulation changes that may occur during the vesting period. The time period also protects the municipality by ensuring that an approved development is constructed in a timely manner or the development is required to meet regulation changes afrer the vesting period has expired. STAFF COMMENTS: The applicant has complied with the conditions and public improvements as outlined at final approval (Ordinance No. 6 Series of 2006). Therefore, staff finds that the applicant has met the criteria outlined in Section 26.308.010(B)(1)a+b. Additionally, the Applicant has been issued a building permit for asingle-family residence on Lotl and has begun excavation and stabilization of the subject site, raising the issue of common law vesting, based upon the investment into the property to date. The Engineering Department is requiring the applicant to obtain a Right of Way permit for the driveway, which will also require the seeding of a Swale along the sidewalk and minor repairs to some portions of the sidewalk. Obtaining this Right of Way permit is a condition of approving the exemption from expiration of vested rights. Following discussions with neighbors, the owner has agreed to exceed the City's standards for exemption from expiration of vested rights by agreeing to remove all construction trailers and equipment, fill in the excavated area and plant grass over the reclaimed azea. Although the Applicant has invested in the development of Lot 1 and requests an exemption from the expiration of vested rights, Staff recommends that the Applicant be provided a three (3) Revised 4/6/2009 Page 2 of 3 yeaz extension of the vested rights associated with Ordinance No. 6, Series of 2006 until April 28, 2012. RECOMMENDATION: Staff recommends that the exemption from the expiration of vested rights be denied but that an extension of vested rights be approved until April 28, 2012, with conditions. Two resolutions are included with this memo. Resolution _- A provides for an exemption from vested rights as requested by the Applicant while Resolution = B provides for the extension of vested rights for three yeazs until Apri128, 2012. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "I move to adopt Resolution No. ~, Series of 2009." ATTACHMENTS: Exhibit A -Staff Findings Exhibit B -Application Revised 4/6/2009 Page 3 of 3 RESOLUTION NO.~-A (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXEMPTION FROM EXPIRATION OF VESTED RIGHTS GRANTED BY ORDINANCE N0.6 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS 501 WEST HOPHINS AVENUE, LEGALLY DESCRIBED AS LOT 1, BOOMERANG LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY, COLORADO Parcel Identification Number 2735-124-66-001 WHEREAS, the Community Development Department received an application from 501 W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant to Ordinance No. 6, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awazded Vested Property Rights status for two detached free mazket residential units and two "for sale" ADU/Cazriage House units in a duplex configuration on Lot 2, and one free mazket residential unit on Lot 1, until Apri128, 2009; and, WHEREAS, the applicant submitted the application for Exemption from Expiration of Vested Rights before the vested rights expired in 2009; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Exemption from Expiration of Vested Rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended an approval of the Extension of Vested Rights rather than an approval for an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split; and WHEREAS, the Aspen City Council has reviewed and considered the request of an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the Exemption from Expiration of Vested Rights proposal meets or exceeds all applicable land use standards and that the approval of the Exemption from Expiration of Vested Rights with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution A Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1• Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves the request for an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split that was approved by Ordinance No. 6, Series of 2006 by the Aspen City Council, with the following conditions: That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption granted in writing. Section 2: The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen Engineering Department for the driveway, for seeding of the swale adjacent to the W. Hopkins sidewalk and minor repairs to sidewalk uplift that has occurred. The Right of Way permit is to be obtained by July 1, 2009. Applicant shall remove any construction trailers and construction equipment, remove the construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this work to be completed by July 1, 2009. Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution _ A Page 2 Section 6: A public hearing on this resolution was held the 13`h day of April, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 13`h day of April, 2009 by a vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Resolution A Page 3 RESOLUTION NO. _- B (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE N0.6 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS 501 WEST HOPHINS AVENUE, LEGALLY DESCRIBED AS LOT 1, BOOMERANG LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY, COLORADO Parcel Identification Number 2735-124-66-001 WHEREAS, the Community Development Department received an application from 501 W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant to Ordinance No. 6, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awazded Vested Property Rights status for two detached free market residential units and two "for sale" ADU/Carriage House units in a duplex configuration on Lot 2, and one free market residential unit on Lot 1, until, Apri128, 2009; and, WHEREAS, the applicant submitted the application for an Exemption from Expiration of Vested Rights on March 16`h, 2009 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Exemption from Expiration of Vested Rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended an extension of vested rights rather than an exemption from the Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split for a three year period; and WHEREAS, the Aspen City Council has reviewed and considered the request of an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public heazing; and, WHEREAS, the City Council finds that the Exemption from Expiration of Vested Rights with conditions, is not consistent with the goals and elements of the Aspen Area Community Plan; however, an extension of vested rights is consistent with the goals and elements of the Aspen Area Community Plan and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution _ B Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves the Extension of Vested Rights for Lot I of the Boomerang Lot Split that was approved by Ordinance No. 6, Series of 2006 by the Aspen City Council, with the following conditions: That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that aze in effect at the time of building permit, unless an exemption granted in writing. 2. That the new expiration date for vested rights is April 28, 2012. Section 2: The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen Engineering Department for the driveway, for seeding of the swale adjacent to the W. Hopkins sidewalk and minor repairs to sidewalk uplift that has occurred. The Right of Way permit is to be obtained by July 1, 2009. Applicant shall remove any construction trailers and construction equipment, remove the construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this work to be completed by July 1, 2009. Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution _ B Page 2 Section 6• A public hearing on this resolution was held the 13`" day of April, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 13`h day of April, 2009 by a vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Resolution _ B Page 3 Exhibit A Review Criteria & Staff Findings 26.308.010(B)1 Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing and posting approve an exemption of the expiration of vested rights in accordance with this Section. Only subdivisions composed of detached residential or duplex units shall be eligible for the exemption from the expiration provisions of Subsection 26.304.070.D. To obtain an exemption, an application for exemption shall be submitted at any time prior to the third ('/,) anniversary of the effective date of the development order which shall demonstrate to the satisfaction of City Council that: a. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; Staff Finding: Staff finds the proposal complies with this standard as the affordable housing mitigation that was required for the entire subdivision was constructed and is currently occupied, the Trail easement has been provided and a trail installed, as well as other provisions of the ordinance. b. Any public or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. Staff Finding: Staff finds the proposal complies with this standard. ~~~~~ VANN ASSOCIATES, LLC Planning Consultants Mazch 16, 2009 HAND DELIVERED Ms. Jennifer Phelan Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 A~~ .?V'' ,~". }g'. ,, v io ~ ~wm... Y ~ti ~ rev ~_~~; 16 2u~9 CQMMUNITI' DEVELOPMENT Re: Lot 1, Boomerang Lot Split Subdivision, Vested Rights Exemption Dear Jennifer: Please consider this letter an application for City Council approval of an exemption from expiration of vested rights for Lot 1 of the Boomerang Lot Split Subdivision (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.O10.B. of the Aspen Land Use Regulations (the "Regulations") by 501 W. Hopkins, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Policy). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 aze attached as Exhibits 4, 5 and 6, respectively. Background On April 10, 2006, the City Council approved Ordinance No. 6 which rezoned a parcel of land consisting of portions of Lots A through F, Block 32, City and Township of Aspen, from R-15, Moderate-Density Residential to R-6, Medium- Density Residential (see Exhibit 7). Ordinance No. 6 also granted subdivision exemption approval to subdivide the property into two lots, which are depicted as Lots 1 and 2 on the Boomerang Lot Split Subdivision Exemption Plat (see Exhibit 8). A Subdivision Exemption Agreement for the Boomerang Lot Split Subdivision memorializing the conditions of the rezoning and subdivision exemption approval was recorded with the Pitkin County Clerk in June of 2006 (see Exhibit 9). 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 Ms. Jennifer Phelan March 16, 2009 Page 2 Ordinance No. 6 and the Subdivision Exemption Agreement permitted the construction of one single-family residence on Lot 1 and two single-family residences and a duplex on Lot 2. The duplex consisted of two attached accessory dwelling units which were required as affordable housing mitigation for the subdivision's three, free market single-family residences. An administrative growth management quota system approval was granted by the Community Development Department for the develop- ment of the three single-family residences as provided for in Section 26.470.060.2. of the Regulations. The duplex on Lot 2 containing the required accessory dwelling units was completed in July of 2008. The two units have been deed restricted and sold in accordance with the Aspen/Pitkin County Housing Authority's guidelines and are both presently occupied by their owners. The two single-family residences on Lot 2 are currently under construction and are expected to be completed this summer. A building permit has been issued for the single-family residence on Lot 1. Micropiles have been installed for soil stabilization purposes, and excavation of the basement was nearly completion prior to the Applicant's decision to delay construction on the subdivision's remaining single-family residence. The Boomerang Lot Split Subdivision's vested rights status expires on April 28, 2009, or three years from the Community Develop- ment Department's issuance of the Development Order for the project (see Exhibit 10). Vested Rights Exemption Pursuant to Section 26.308.O10.B. of the Regulations, The City Council may by resolution at a public hearing approve an exemption of the expiration of vested rights for subdivisions composed of detached residential or duplex units. To obtain an exemption, an application for exemption must be submitted prior to the third amuver- sary of the effective date of the Development Order. In addition, the application must demonstrate compliance with the following criteria. i. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; and The applicable requirements of City Council Ordinance No. 6, Series of 2006 that were to have been met prior to the date of this application have been met. The required subdivision exemption plat and agreement were recorded in 2006. The requirements of the ordinance that were a prerequisite to issuance of building permits Ms. Jennifer Phelan March 16, 2009 Page 3 (e.g., payment of applicable impact, park development and school land dedication fees, etc.) for the two single-family residences and affordable housing duplex on Lot 2 were met as required. A determination of compliance with the City's residential design standards was made for these units prior to building permit issuance, and the units have been constructed consistent with their conditions of approval. A building permit has also been issued for the remaining single-family residence on Lot 1 and all requirements of the ordinance with respect thereto have also been met. The required public trail easement on Lot 2 is depicted on the Subdivision Exemption Plat. 2. Any public, or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. The only public improvement that was required to be installed by the Applicant is curb and gutter along the property's West Hopkins Avenue frontage. Based on my conversation with Brian Flynn of the City's Parks Department, the decision has apparently been made to forego installation of curb and gutter in this location. A similar decision was also apparently made in connection with the development of the adjacent Little Ajax affordable housing complex. Instead, a landscaped buffer with street trees and a shallow drainage swale has been installed by the City between the West Hopkins Avenue Trail and the edge of the existing street pavement. The Applicant, however, will install curb and gutter prior to issuance of certificates of occupancy for the two single-family residences on Lot 2 in the event required. As discussed above, a building permit has been issued for the single-family residence on Lot 1. All associated fees have been paid and development of the lot commenced prior to the Applicant's decision to delay construction in light of the current economic climate. Given the substantial costs involved in obtaining the building permit for Lot 1 (e.g., architectural fees, building permit fees, impact fees, etc.), and the fact that the Applicant commenced construction in reliance thereon, a reasonable argument can be made that the development rights for Lot 1 are common law vested subject to the conditions of the prior subdivision approval and the recorded Subdivision Exemption Agreement. Such vesting is further substantiated by the fact that all applicable conditions which were required to be met prior to building permit issuance have been met including the construction of the required affordable housing units. As a result, there would appear to be no reasonable basis for not exempting Lot 1 from the expiration of the statutory vested rights granted pursuant to Ordinance No. 6. Ms. Jennifer Phelan March 16, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN AICP SV:c14v Attachments cc: Leonard M. Oates, Esq. John Provine d:\oldc\bus\city.app\app54109.exe CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 PROJECT: 501 West Hopkins -Vested Rights Exemption REPRESENTATIVE: Sunny Vann Tel: 925-6958 vannassociates@r:omcast.net EXHIBIT DATE: 03.11.2009 DESCRIPTION The Applicant would like to request an exemption of expiration of vested rights for Lot 1 of the Boomerang Lot Split. The project consists of mixed affordable housing and free market residential structures. Lot 2 has already been developed with two free market units and two affordable housing units. Lot 1 has yet to be developed. The conditions of approval for the project have been recorded on the Boomerang Lot Split Exemption Plat as per Ordinance No. 6, Series of 2006. The dimensional requirements, growth management mitigation requirements, and residential design standards are outlined in the land use code. The only items pertinent to Lot 1 that are not included in the code requirements pertain to landscaping, the driveway and curb and gutter requirements. To request an exemption from the expiration of vested rights, the applicant must submit an application to the City Council at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 28.308.010 Vested Property Rights htta:llwww.asaenaitkin.comldeatsl381citvcode.cfm Review by: -Staff for complete application - Referral agencies for technical considerations -City Council Planning Fees: $1470 Deposit for 6 hours of Staff time + $212 Engineering Minor Review (additional planning hours over deposit amount are billed at a rate of $235Rrour). Total Deposit: $1682 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13. 11 Copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the Ciiy. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Ame Land Title Assodation Owners Policy (10-t7-92) - C~ io Issued By Attorneys ?itle Insurance Agency of Aspen, LLC (Membefs Name) 71~ Vv'est Main Street, Suite 30> (Address) Aspen, Colorado 81611 (970) 925-7328 (Telephone) Attorneys Title Guaranty f=und, Inc. The Colorado Lawyers' Organization for Title Insurance OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. Attorneys Title Guaranty Fund, Inc-, a Colorado corpo- ration, herein called the Company, insures, as Date of Policy shown in Schedule A, against loss or damage, not exceed- ing the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described.irt Schedule A being vested other titan as stated therein; 2. Any defect in or lien or encumbrance on the Utle; 3. Unmarketabiliry of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expense incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed, to be valid when Schedule A is wuntersigned by an authorized officer or agent of the Company all in accordance with its ey-Laws. ATTEST: W ATTORNEYSTITLE GUARANTY FUND, INC. v ~ r r BY: esEa~.rj Judith A. Hart, Assistant Secretary Christopher J. Corxlie, Prosident This poli ust ~ dule A nd B and be duly validated by this signature: Authorized Olficer or ent Z P 581332 0 OWNER'S POLICY SCHEDULER Order No: PC070025d2 Amount of Insurance: S9,250,000.00 Date of Policy: pctober 31, 20D7, 3:22pm I. Name of Insured: 501 W. Hopkins, LLC,~e Colorado limited liability company 2. The estate or interest in dte land which is covered by this policy is: Fee Simple 3. Title to [he estate or interest in the land is vested in: 501 W. Hopkins, LLC, a Colorado limited liability rnmpany 9. The land referted to in this policy is described az follows: Policy Nu.: OP58I332 Issued with Policy No.: MPI 109231 Premium: 57,178.75 Lots 1 and 2 Boomerang Lot Split Subdivision Exemption Plal accordng to the Plat thereof rtecurdcd June 16, 2006 in Plat Book 79 at Page 70 as Reception No. 525370, Pitkin County, Colorado. Attorneys Title In/surance Agency of Aspen, LLC gy i' A orized Officer or Agent ember Number 2622 Attorneys Title Guaranty Fund, Inc. This policy is invalid artless the cover sheet, Page I Schedule A and Schedule B are attached. OWNER'S POLICY SCHEDULE B Date of Policy: October 31, 2007 Policy No. OP581332 Order No: 1'C07UU2542 't'his policy does not insure against loss or damage (and the Company will not pay costs, attomey5 fees or expenses) which arise by reason of: I. Rights or claims of parties itt possession not shown by the public records. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct sun•ey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a Tien, for services, labor or material heretofore or hcrcafter furnished, imposed by law and not shown by the public records. 5. Taxes for the year 2007 and subsequent years. Taxes no[ yet due or payable. 6. Deed of Trust dated October 30, 2007 from 501 W Hopkins, LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin County for the use of Alpine Baok, A Cobrado Banking Company to secure the smn of $7,400,000.00 recorded October 31, 20U7 as Reception Nu. 5437U5. 7. Terms, conditions, obligations and provisions as contained in Deeds recorded June 28, 1886 in Bouk 41 at Page I8, July 26, 1888 in Book 59 at Page 476, July 26, (888 in Book 59 at Page 586, and April 4,1892 in Book 79 at Page 43. 8. 'Canna, conditions, obligations and provisions as contained in Deed Restriction recorded September 7, 1999 as Reception No. 435272. 9. Terms, conditions, obligations and provisions as contained in Easement recorded April 18, 2003 :ts Reception No. 481651. 10. Any rights, easements, interests or claims which may exist by reason of or reflected by the fulluwinK (acts shown on the sun•cy dated July 10, 1998, by Aspen Survey Engiucers recorded in Plat Book 51 at Page 28. 11. Any rights, easemeuts, interests or claims which may exist by reason of or reflected by tlsc following facts shown on the survey dated December I8, 20(10, by Aspen Survey Engineers recorded in flat Book 65 at Page 45.. _ 12. Easements, rights of way and other matters az set forth on the Plat of Bomnerang P.U.D., Block 32, City of Aspen, Colorado recorded Pla[ Book 65 at Page 37. 13. Terms, conditions, obligations and provisions as contained in PUD Agrcemcn[ for the Bumnernng Lodge Extension Project recorded May 14, 2003 as Reception No. 482688. Attorneys Title Guaranty Fund, Inc. pace [ Policy Nu.: pl'S81332 IS. Teens, conditions, obligations and provisions as contained in Ordinance No. 6, Series of 2UU6 recorded June 16, 2005 as Reception No. 525368. I5. Terms, conditions, obligations and provisions as contained in Subdivision Exemptiun Agreement for Boomerang Lot Spat recorded June l6, 2006 as Reception No. 525369. 16. Easements, rights of way and other matters as set forth on the Plat of Boomerang Lot Split Subdivision Exemption Plat recorded Plat Book 79 at Page 70. Attorneys Title Guaranty Fund, Inc. ~,ac ENDORSEMENT Attached to Policy No. OP581332 Issued by ATTORNEYS TITLE GUARANTY FUND, INC. COLORADO FORM 130 Provided there is situated on the land described under Schedule A of the Policy a single family residence, the Policy is hereby amended as follows: Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of the following: 1. Any unfilled lien for labor or material furnished for improvements on the land (except for any such lien arising out of construction contract for or assumed by the Insured), provided construction of all improvements are completed at Date of Policy. 2. Rights or claims of parties in possession of the principal dwelling. 3. The enforced removal of the principal dwelling on account of: (a) any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as an exception in Schedule B or onto any unrecorded subsurtace easement, (b) any violation of building setback Tines or covenants, cond'Rions or restrictions referred to in Schedule B of the Policy. (c) any violation of any zoning ordinance if the land is used only for a single family residence. The term 'principal dwelling" means any single family residential structure on the land whether detached or not If the principal dwelling is a condominium unit it refers to the space within the boundaries of the unit. Additional improvements and areas such as outbuildings, detached garages, fences, driveways, retaining walls, plants and common areas are not included within this definition. The term "zoning ordinance' does not include building codes, occupancy regulations and subdivision laws. This endorsement is made a part of said policy and is subject to all the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of [his Policy and any prior Endorsements, nor does it extend the effective Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. ATTORNEYS TITLE GUARANTY FUND, INC. Dated: October 31, 2007 By EXHIBIT Mazch 11, 2009 Ms. Jennifer Phelan Community Development Department 130 South Galena Street Aspen, Colorado 81611 ` Re: Permission to Represent Deaz Ms. Phelan: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an exemp- tion from vested rights expiration for Lot 1 of the Boomerang Lot Split Subdivision. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, 501 W. HOPKINS, LLC ~. / / John Provine, Managing Member P.O. Box 8769 Aspen, Co 81612 (970) 948-0813 d: \oldc\bus\c ity.l V \l[r54109. jp I LAND USE APPLICATION APPLICANT: EXHIBIT Name: \,G~1fi'S(~,/ ~~l!/~/T~s ~ ,c- ~'~, , Address: 7Q~a ~~ `'~' .l i~~~ i-lam`-' - ^~~, ld ~~,/~ Phone #: 7~S' ~ ys~ PROJECT: Name: ~~ /~~~«Y~~~'~'~T~SC-~7/t//$/e~4/ Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devi. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Mazgin, Hallam Lake Bluff, condominiumi7ation) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use Other:l/~~ ^ Lot Line Adjustment ^ Text/Map Amendment /~/~~ ~~~~r~~~ HaZe'you attached the following? FEES DUE: $ [~" e-Application Conference Summary [attachment #1, Signed Fee Agreement N~ ^ response to Attactunent #3, Dimensional Requirements Form (^i' Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Deve'lo/~pme~nt Application Fees CITY OF ASPEN (hereinafter CITY) and ~',~~ ~~/ ~'9'~/~~. ~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. Y AP~LICAN)T~u mitt d to CI~a lic io~~ (hereinafter, TFIE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing Fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest ofthe parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following they heazings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is hnpracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration ofthe CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing ofthe application mentioned above, including post approval review at a rate of $ZZ0.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\supportU'orms\agrpayas.doc 11/30/04 APPLICANT By:.~t~~iS~/}~d /~i5~ Dates ^~ !~~/ate Billing Address and Telephone Number: RequiredGS, / ~` rJ74 ~ ~~3 Eary Peel® Labels Use Avery® Template 5160® 430 WEST HOPKINS CONDO ASSOC COMMON AREA 432 W HOPKINS AVE ASPEN, CO 81611 ALEXANDER JOAN P 739 25 RD GRAND JUNCTION, CO 81505 AMAYA JOSE ANTONIO ARGUETA BLANCA EDITH 605 W HOPKINS AVE #103 ASPEN, CO 81611 BARYON META PACKARD 4475 N OCEAN BLVD APT 43A DELRAY BEACH, FL 33483 CARROLL MEREDITH COHEN CARROLL ARTHUR RICHARD 605 W HOPKINS AVE #210 ASPEN, CO 81611 CHUCHMAN GEORGE S PO BOX 2800-355 CAREFREE, AZ 85377 EMERICK SHELLEY W 2449 5TH ST BOULDER, CO 80304 FINE FREDRIC N & SONDRA 412 MARINER DR JUPffER, FL 33477 GOLDMAN ODU4NE L PO BOX 518 FAIRFIELD,CT 6824 JEWISH RESOURCE CENTER CHABAD OF ASPEN PO BOX 12099 ASPEN, CO 81612 • ~ Bend along Iine m Feed Paper expose Pop-Up Edge' 501 W HOPKINS LLC PO BOX 8769 ASPEN, CO 81612 ALPINE BANK ATTN ERIC GARDEY PO BOX 10000 GLENWOOD SPRINGS, CO 81602 ANGELOV DIMTAR S & DANIEL D 605 W HOPKINS AVE #209 ASPEN, CO 81611 BRIDGE WILLIAM & JOSEFINA 2075 SHERWOOD DR CAMBRIA, CA 93428 CARTER RICHARD P 400E 3RD AVE #804 DENVER, CO 80202 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 ERICKSON A RONALD 605 W HOPKINS AVE #211 ASPEN, CO 81611 FRANSEN ERIN M 8: GREGORY H PO BOX 5082 GILLETTE, WY 0 H & H PROPERTIES LLLP 807 W MORSE BLVD STE 101 WINTER PARK, FL 0 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 EXHIBIT 501 WEST MAIN LLC 532 E HOPKINS AVE ASPEN, CO 0 ALPINE BANK ATTN JEAN MOORE 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN FSP ABR LLC 11921 FREEDOM DR #950 RESTON, VA 20190 BROOKS NORMAN A 8 LESLEE S 16311 VENTURA BLVD #690 ENCINO, CA 91436 '', CHRISTIANA UNIT D101 LLC C/O FRANKLIN ST PARTNERS LLC 215 ZOE WY "' MU1MI, FL 33140 CORTALE ITA 205 S MILL ST #112 ASPEN, CO 81611 FARR CHARLOTTE 306 MCCORMICK AVE CAPITOLA, CA 95010 GOLDENBERG STEPHEN R 8 CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 }iAYMAN JULES ALAN 9238 POTOMAC SCHOOL DR POTOMAC, MD 20854 ' KELLY KIM 605 W HOPKINS AVE #202 ASPEN, CO 81611 Easy Peel® Labels • ~ Bend along line to ~ gy~~j1/® 5160® , Use A'Pery® Template 5160® Feed Paper expose Pop-0p EdgeTM j KONIG DEBORAH HANSON KIM 605 W HOPKINS AVE #203 ASPEN, CO 81611 LESTER JAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 MADSEN MARTHA W 608 W HOPKINS AVE APT 9 ASPEN, CO 81611 NELSON TREVOR T & ROSE MARIE 605 W HOPKINS #207 ASPEN, CO 81611 PERRY EMILY V PO BOX 11071 ASPEN, CO 81612 SCOTT BUILDING CONDO ASSOC COMMON AREA 400 W HOPKINS AVE ASPEN, CO 81611 SHERWIN ENTERPRISES LLC C/0 JENNIFER SHERWIN 1714 VISTA ST DURHAM, NC 27701 SUBOTKY JULIE E 55 WEST 14TH ST #15L NEW YORK, NY 10011 VANDERSCHUIT FAM TRUST 5836 WAVERLY AVE LA JOLLA, CA 92037 KURKULIS PATSY & PAUL R 605 W HOPKINS AVE #201 ASPEN, CO 81611 LITTLE AJAX CONDOMINIUM ASSOC 605 W HOPKINS #006 ASPEN, CO 81611 MARSHALL ALISON J 8 JOSHUA W 605 W HOPKINS AVE #212 ASPEN, CO 81611 NIX ROBERT F 323 VINE ST ASPEN, CO 81611 ROLAND DANIEL P 8 LEAH S 605 W HOPKINS AVE #102 ASPEN, CO 81611 SCOTT MARY HUGH RUSSELL SCOTT III & CO LLC 5420 S QUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 SMITH ANDREW C 8 DONNA G 3622 SPRINGBROOK ST DALLAS, TX 75205 TODD SHANE PO BOX 2654 ASPEN, CO 81612 VERNER DANIEL A 8 MERYLE 2577 NW 59TH ST BOCA RATON, FL 33496 LAMB JENNIFER C 8 TIMOTHY E 605 W HOPKINS AVE #204 ASPEN, CO 81611 LOT 2 BOOMERANG LOT SPLIT PLANNED COM OWNERS ASSOC 533 E HOPKINS AVE 3RD FL ASPEN, CO 81611 MOLLER DIANE T 4032 CRYSTAL BRIDGE DR CARBONDALE,CO 81623 OHARROW SIOBHAN P 605 W HOPKINS AVE #208 ASPEN, CO 81611 SCHALL FAMILY TRUST 8/31/1998 18518 ST MORITZ DR TARZANA, CA 91356 SHADOW MTN CORP C/O FINSER CORP 7321 N.W. 75TH STREET MEDLEY. FL 33166 STASPEN LLP C/O JOHN STATON 1180 PEACHTREE ST NE ATLANTA, GA 0 TOMS CONDO LLC C/O BRANDT FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT, CO 81621 WASHBURN LYNN S TERRELL SERENE-MARIE 605 W HOPKINS AVE #205 ASPEN, CO 0 WENDT ROBERT E 11 WERLIN LAURA B TRUST WHITNEY KURT A & JACQUELINE 350 MT HOLYOKE AVE 2279 PINE ST PO BOX 5950 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 SNOW MASS VILLAGE, CO 0 ~tlquettes faciles J paler ~ Repilez ~ la haduwe aRh de vwrw.averyaom i Utl85ez le gabark AVERYO 5160® n6v~ler le rebortl Pop-UpTM 1-800-GaAVERY j Easy Peel® Labels Use Avery® Template 5160® YLP WEST LLC 7 SOUTH MAIN ST YARDLEY, PA 19067 • ~ Bend along line to ~ /~~R'Y® 5160® i Feed Paper expose PolfUp Edge^~ 1 YOUNG PAUL III FAMILY TRUST 413 W HOPKINS AVE ASPEN, CO 0 ~tiquettes fadles ~ pekr Sen ~ Repliez 81a hadaxe afln de ~+N~~erX~m Utllisez le gabark AVERY®4180® ~ rfvEler k rebad Pop-Up*• 1-B00-GO-AVERY NN IpIpII'(Q''~p'pl~~ MM ~~IpIp'' IInu'~''NnNII EX7HIBIT Ilalll ~~11 „1111 f„) II„1 II~ ~al I~ ~I~ ~~ ~ 5 916/200$6 03. ~ f JfwltE K Vp5 OaUD1~~ prTKIN COUHrV GO R 36,00 D 0.00 ORDINANCE ND. 6 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE "BOOMERANG VACANT PARCEL" TO THE R-6 (MEDIUM-DENSITY RESHIENTIAL) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID:1735-124-66-001 WHEREAS, the Commumity Development Department received an application from Aspen FSP-ABR, LLC, requesting to rezone the "Boomerang Vacant Parcel" located on the south side of W. Hopkins Avenue, containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot Split to divide the 19,737 square foot property into a paccel of approximately 12,237 square feet and a parcel of approximately 7,500 square Feet; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Departrnent recommended approval with condition of the proposed rezoning and lot split application; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the development proposal during a duly noticed public hearing opened on January 17, 2006, and continued to January 24, 2006. The Planning and Zoning Commission approved Resolution No. 3, Series of 2006, by a five to one (5-1) vote, recommending that City Council rezone the subject property to the R-6 Zone District, and recommending that City Council approve the requested lot split with conditions, under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standazds set forth in Land Use Section 26310, Amendments to the Land Use Code and Official Zone District Map, the City Council hereby rezones the "Boomerang Vacant Parcel" containing portions of Lots A-I, Block 32, City and Townsite of Aspen, fromthe R-15 (Moderate-Density Residettial) Zone District with PUD and Lodge Preservation Overlays to the R-6 (Medium-Density Residential) Zone District Ordinance No. 6, Series of 2t)<l6 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page I ~~III ~ INII III ~) NI ~ I~ ~If ~y s36e ~ e3.5~ Seehpn 2~ lfY1ICE K Vo$ CRLA)LL PiTK7N COUNTY O0 R 36.00 n 0.00 Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(Ax2), Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the "Boomerang Vacant Parcel" into Lot 1 of approximately 7,500 square fcet and Lot 2 of approximazely 12,237 square feet for the construction, of a total of three (3) detached dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family residence and Lot 2 is limited to two (2) detached free market residences, plus two ADU/CH units attached to one-another. All dimensions including allowable floor area and the manner in which ADU/Carriage Houses are calculated, shall be as specified in the Aspen Land Use Code, as maybe amended from time to limo. Simon 3: Subdivision Exemption Plat The Applicant shall submit and record a subdivision exemption plat ifiaz meets the terms of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. The Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2, housing type and density per lot, and show all easements of record. The plat may also include a note indicating that the land area contained within the trail easement shall not be excluded from the calculation of Lot Area. Section 4: Subdivision Exemption Agreement The Applicant shall submit and record a subdivision exemption agreement that meets the tetras of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. Section 5: Building Permit Appiicatiou The building permit application for each of the residential units shall include the following: 1. A copy of the final Ordinance and P&cZ Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District 4. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, aright-of--way landscaping plan shall be provided as part of the building permit application identifying that any trees removed from the right-of--way will have to be relocated. Any disruption or damage to the right-of--way irrigazion system during construction shall also be repaired to the satisfaction of the Parks Department. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Remniag, Page 2 111~IINI~~~N~II~~~iINN~II 6632006 83:3° ,Ifu~l CE K VOS CRUDlLL 7I7KIN COU(TY CO Q 36,08 D 0.00 5. A drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge 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. 6. A construction management plan pursuant to the requirements of the Community Development Department. The construction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Parks Department prior to building permit issuance. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Section 6: Growth Management Allotments The Applicant shall obtain Administrative Growth Management approval and provide affordable housing mitigation by developing one (1) "for sate" accessory dwelling unit or carriage house per lot, as contained within the Applicant's proposal. The ADU/Carriage House unit mitigating the Lot 1 development shall contain between 750 and 1200 squaze feet of net livable azea and be located on Lot 2; the ADU/Carriage House mitigating the Lot 2 development shall contain betwcen 750 and 1200 squaze feet of net livable area and be located on Lot 2. This mitigation will be acceptable mitigation for each oC the residential dwelling units to be constructed on Lots I and 2 of the lot split pursuant to Land Use Code Section 26.470.040(B)(1), Administrative Growth Management Review: Detached single family or duplex dwelling units, as amended from time to time. SeMion 7: Use and Dimensional Requirements The lots created by the lot split shall be subjeM to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of this ordinance. The free market residential dwelling units to be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than in a duplex configuration; the "for sale" ADU/Carriage House units shall be developed in a duplex configuration. Section 8: Design Standards All residential dwelling uniu (free mazket and affordable) to be constructed on Lots 1 and 2 shall meet the residential. design standards in place at the time of building permit, unless any variance(s) is duly obtained. In addition, the ADU/Carriage House units on Loi 2 shall also meet the ADU Design Standards contained in Section 26.520.050 of the Code, unless any variance(s) is duly obtained or where a stricter standard is specified within this ordinance. Section 9: Vehicular Access Vehicular access to Lot I shall be taken from the South Fourth Street stub located directly to the east of the property. Thcre shall not be any vegetation taller than 30 inches Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 3 I II~~ II~1 II~ II„I I ~ ~ ~ 01N 1„1 060/ 6/20 8fi 03:5! JRNICE K VOS CRWILL PITKIN COUNTY CO R 36.00 D 0.00 from existing grade planted within. the area fifteen (1 S) feet south or north of the driveway to be accessed from 4'" Street, at the property line or in the public right-of--way to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The Applicant shall also relocate the existing Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the Midland Trail sign indicating the presence of the driveways crossing the trail to trail trsets. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shag shaze a single driveway and the curb cut shall be designed and constructed such that it will not provide a net loss in on-street parking in the W. Hopkins Avenue Right-of--Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net loss of on-street parking). The driveway access shall meet the City Engineering Department's standards for drive ramps. The driveway entrance points shall be in substantially the same location as they arc shown in the addendum to the application. Section 10: Curb and Golfer The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage of the property being divided prior to issuance of a certificate of occupancy for any of the units in the project. The timing of this installation may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shall repair the trail to the condition it was in prior to construction while allowing for the potential for modest realignment. The radii of the curb cut shall be the minimal that functions for the purpose of a driveway. The applicants shall gain approval from the Community Development Engineer to determine an appropriate sizing. Secfiou 11: Trail Easement The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2, running directly adjacent to the southern property line. A slightly wider easement shall be granted at the southwest comer of Lot 2 to allow for a moderate fuming radius on the trail. The exact location of this easement shall be approved by the Pazks Department prior to recordation of the fmal subdivision exemption plat. This easement shall be shown on the subdivision exemption plat and shall be described in the subdivision exemption agreement. The easement shall not affect allowable FAR, density, setback requirements, or other dimensional requirements. Section 12Section 12: Landscauin~ The Applicant shall install a tree root barrier on the trees that aze to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: Ordinance Igo. ti, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 4 IIIi~~N118NIIININIiN~~Ni~NIINNIINIIN ~2~6~ 8 03:5. JANICE K VOS CRWILL PITKIN COIArrY CO R 36.00 D 0.00 a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traf@c shall be allowed within the drip line. Section 13: Soil Subsidence and Rock Fall Aazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. Phis report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. Section 14: Fire MItigation The Applicant shall install a fire sprinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because of fire danger concems_ This prohibition shall be included in the Subdivision Exemption Agreement for the development. Section 15: Aspen Consolidated Sanitation District Reantrements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No cleaz water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. SeMion 16: Impact. Park Development. and School Land Dedication Fees Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building permit issuance. The park devclopment impact fees shall be calculated by the City Zoning Officer at the time of building permit issuance using the fee schedule in place at said time. School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Deduation, and a proporiionate amount of atl applicable impact fees shall be due at the time of building permit issuance for each residence within the loi split. Other Impact Fees, as applicable, shall be due at the time of building permit application submittal. Section 17: Ezterior Liehtine Ali exterior lighting shall meet the City's Lighting Codc Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 18: Previous Approvals Upon recordation of the subdivision exemption plat, the previous approvals including PUD, Subdivision and any others associated with the subject property will become Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Retuning, Page 5 I II~Iii II~~ ~ IIII III0111I~III11,01III IIII~I~I IIII 0GR/ 5 62008 03:5! JPNICE K VOS CHUDILL PIMIN COUNTY CO R 38.00 D 0.00 vacated, null and void for good cause found, and the provisions of this approval will be in place. Section 19: Vested Procerty Riebts The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (I4) days following 5nal approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundazies of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, putsuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Portions of Lots A-I, Block 32, City and Townsite of Aspen, by Ordinance No. 6, Series of 2006, of the Aspen City Council. Section 20: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Plannfitg and Zoning Comatission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 21• This ordinance shall aot 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 22: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the Remaining portions thereof. Section 23• A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fiftcen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" l.ot SPlit and Rezoning, Page 6 I (llltl I~hl ul~ NN VIII I~I~III~ ~ ~il~ IIA 6~536~ e3.s_ JANICE K VOS CFUDi LL PIMIN COUNTY CO R 36.01 D 8.80 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 13i6 day of February 2 6. en Kalin a Mayor ATTEST: Kathryn S. I c ,City Clerk FINALLY, adopted, passed and approved this 10th day of April, 2006. ten de d, Mayor ATTEST: ~ / li ,~ A 9~'m. ~ t Kathryn S. I~q(e![, Ctty Cterk APPROVED AS TO FOR1bI: ~~~~~ . Worces er, City Attorney Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel^ Lot Split and Retuning, Page 7 ~ j'. f gg s ~ xf s_- a~ x ~ ~ ` ~s 1~ '`E r `a_ € ~ ss ~~ a~ ~ - -~~ . ~~ - - ~~: ~ :: ~ y;da~ ; ~z 6 ' ~_ ~ - ~3~~ W p~ ~ I LL _~ y W t~ gT"„". a S yR E Yc:~ f~ E f J u I- ~~€~_~€ ~. .~ sue, ~. ~ _ ifffif (ifv~w~ve~ p .. 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Jun 18 06 10:21a wa-'ace 1s7~-2~os1s SUBDIVISION EXEMPTION AGREEMENT FOR THE BOOMERANG LOT SPLTT EXHIBIt 9 THIS SUBDIVISION EXEMPTION AGREEMENT (this "Agreement") is made this ~ day of iw... , 2006, between ASPEN FSP-ABR, LLC, a Delawaze Limited Liability Company {the "Owner's and THE CITY OF ASPEN, a municipal corporation (the "City'. RECITALS: WHEREAS, Owner owns that certain real property (the "Property") located on the south side of West Hopkins Avenue between South Fourth Street and South Fifth Street (Parcel Identification Number 2735-124-49-002) in the City of Aspen, County of Pitkin, State of Colorado, described as: That part of Lots A, B, and C lying northerly of Liae 7-8 of the City and Townsite of Aspen (According to the 1978 Resurvey by the Bureau of Land Management), except the southerly 20 feet ther~f and the north• 80 feet of Lots D, E, and H the north 80 feet of Lot F, the north 75 feet of Lot G, the north 50 feet of Lot I, Block 32, City and Townsite of Aspen, and as modified by the addition of the north 85 feet of Lots D and E, and the nort§-89-feet-o€Let•Cr, Blosk-33s-6ity-aa~'Fea~asite,~o€~4spen-tbrougl~guit_ _ _ claim deed executed on August 14, 2000, and recorded with the office of _ the Pitkin CountyClerk and Recorder as Reception Number 446337; and, WHEREAS, Owner applied to the City of Aspen foi approval of: a rezoning from R-15/L P/PUD (Moderate Density Residential with Planned Unit Development and Lodge Preservation Overlays) to R-6 (Medi~1-Density Residential); a subdivision exemption for a lot split to create Lot 1 of the Boomerang Lot Split with an area of approximately 7,500 square feet and Lot 2 of the Boomerang Lot Split with an area of .approximately 12,237 square feet; and, associated growth management approvals (collectively, the "Project'; and, ' WHEREAS, on January 24, 2006, the City of Aspen P nnino and Zoning Commission ("P&Z") approved Resolution Number 3, Series of 2066 (the "Resolution' recommending that City Council rezone the vacant "Boomerang Parcel" to the R-6 (Medium-Density Residential) zone district and'approve a lbt split, creating Lots 1 and 2 of the Boomerang Lot Split, City of Aspen, Pitkin County, Colorado; and, WHEREAS, on Apri110, 2006, the City Council of the City of Aspen granted approval of a rezoning to R-6 and subdivision exemption for a lot split on the Property gasuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code; and, ~~IIII~I~III Illln Il~rii~ll IIIIIII Iil~ NI ~I~I III SIII 0 6% 63690 4:2F Jun 18 06 10:22a wa?lace 197n~.270919 p. 19 Subdivision Exemption Agreement Boomerang Lot S}~lit Page 1 of 11 WHEREAS, the approval of the Project was conditioned upon Owner complying - - witlicertain requirements outlined in Ordinance No. 6, Series of 2006 (the "Ordinance', including entering into a Subdivision Exemption Ageement for the Property; and, WHEREAS, Owner has submitted to the City, for approval, execution and recordation, a plat for. the Properly (the `Plat") and the City agrees to approve, execute and record the Plat (Owner shall pay all applicable recordation fees) on the agreeme~ of the Owner to the matters described herein; and, WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, pxnmote and enhance the public health, safety and welfare, and the Owner is' prepared to enter into a Subdivision Exemption Ageement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: I. Accentance of Plat. Upon execution of this Agreement by all parties and upon approval of the final plat by the City Engineer and the Community Development Director, the City agrees to approve and execute the final plat for lot split subdivision exemption submitted her with, which conforms to the requirements of Chapter 26.480 and all other applicalile requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owner pays all applicable recordation fees) in the Office of the Pitkin County Clerk and Recorder within 180 days of Apri110, 2006 (the day the Ordinance was appmved). 2. Plat Requirements. At a *r++*+~mum, the Plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Cleazly label the lot line separating Lot 1 from Lot 2, the housing type and density per lot, and show all easements. of record. c. Provide a four (4) foot wide public trail easement to the City of Aspen along the west and southwest property line of Lot 2. ~ A slightly wider easement shall be granted at the southwest comer of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by the Pazks Department prior to recordation of the Plat. The Plat may also include a note indicating that the azea contained within the trail easement shall not be excluded from the land area used in calculation of Lot Area and, as such, shall not affect allowable FAR, density, setback regtluements, or other dimensional requirements. d. Contain a plat note stating that, no further subdivision of the subject properties maybe granted nor will additional units be built without receipt of applicable . approvals pursuant to the provisions of the Land Use Code in effect at the time of application IIII~IIIIIIINIIIIIHInIIIII~IIIB~I[IIII111~~0~260~~ 04:2: 2 ~ Jun 18 06 10:22a ma''ace Subdivision Exemption Agreement Boomerang Lot Split Page 3 of Il 197n~270919 I'I~I Iull II~III ~II Illll IIII~II ~~I ~I IIII~ I~u III 69 6369 04: L• JQNICE K VOS CFUDILL PITKIN CAIRJ'IY CO R 56.00 D 0.00 e. Contain a plat note stating that all new development on Ule subject lots will conform to the dimeDsional requirements of the R-6 zone district, as may be amended from time to tmle. Notwithstanding the foregoing, an applicant for new development on the subject lots has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the authority to heaz and decide upon such requests. 3. Lot 1. Owner hereby agrees and acknowledges that development of Lot 1 remains subject to the terms, provisions, and conditions of approval enumerated in the Ordinance, to wit: a: Lot 1 shall have an area of approximately 7,500 squaze feet and its development is limited to one (1) single-family residence; b. Development on Lot 1 shall be subject to the use and dimensional requirements of the Medium-Density Residential (R-~ Zonc District, as maybe amended from time to time. Notwithstandmg the foregoing, an applicant for new development on Lot 1 has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the authority to hear and decide upon such requests; , c. The residential dwelling unit to be constructed on Lot 1 shall comply with the City of Aspen Residential Design Standazds in place a1 the time of building Detmit, unless anv variance(s) is duiv obtained: a vehtcutaz access to Lot 1 shall be taken hnm the South rourth Street stub located directly to the east of the properly. There shall not be any vegetation faller than thirty (30) inches from existing grade planted within the area fifteen (IS) feet south or north of the driveway, at the property line or is the public right-of--way, in order to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. Owner shall also relocate the existing MidLlnd Trail sign to the south sidc of the driveway and attach a new sign on the backside of the relocated Midland Trail sign to indicate to trail users the presence- of the driveway's crossing of the trail; and, e. Administrative growth management approval for development of Lot 1 shall require provision of affordable housing mitigation by development on Lot 2 of one (1) "for sale" Accessory Dwelling Unit (ADU) or Carnage House (CH) unit containing between seven-hundred fifty (750) and one-thousand two-hundred (1,200) squaze feet of net livable azea. Pursuant to Section 26.470.040(B)(1), Administrative Growth Management Review: Detached single family or duplex dwelling units, of the Aspen Land Use Code, as maybe amended from time to time, the mitigation desLZl~bed herein shall be acceptable for the single-family residence to be constructed on Lot 1 of the lot split. 4. Lot 2. Owner hereby ogees and acknowledges that development of Lot 2 remains subject to the terms, provisions, and conditions of approval enumerated in the Ordinance, to wit: a. Lot 2 shall have as area of approximately 12,237 square feet and its development is limited to two (2) detached free-mazket residences (these units shall not be p.20 3 Jun 18 06 10:23a Wa"'ace 197'270819 p. 21 Subdtvlrion Exemption Agreement Boomerang Lot Split Page 4 ojll b. c. d. i developed in duplex configuration), plus two (2) ADU/CH units attached to ona another (these units shall be developed in a duplex configuration); Development on Lot 2 shall be subject.to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District, az may be amended from time to time. Notwithstanding the foregoing, an applicant for new development on Lot 2 has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the . authority to hear and decide upon such requests; The residential dwelling units to be constructed on Lot 2 shall comply with the City of Aspen Residential Design Standards in place at the time of building permit, unless any variance(s) is duly obtained. In addition, the ADU/CH Waits on Lot 2 shall each contain between seven-hundred fifty (750) and one-thousand two-hundred (1,200) square feet of net livable area. The ADU/CH units on I.ot 2 shall comply with the ADU Design Standards contained in Section 26.520:050 of ffie Code, unless any variance(s) is duly obtained; Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a smgle driveway and the curb cut shall be designed and constntcted such that it will not result in any net loss of on-street parking in the W. Hopkins Avenue Right-of--Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net loss of on-street Parking). The driveway access shall meet the City Engineering Department's standards for dnve rargps. The zadri of the ctrrb cut rehsns shall be the m;nimum that functions for the purpose of a driveway; Owner shall gain approval from the Community Development Engineer to determine the appropriate radu sizing; and One of the two ADU/CH units on I.ot 2 provides mitigation for the development of Lot 1, as descnbed in paragraph 3.e, above. With regard to mitigation for the development of. Lot 2; administrative growth management approval shall require development on Lot 2 of one (1) additional "for sale" ADU/CH umt containing between seven hundred fifty (750) and one-thousand two-htmdred (1,200) square feet of net livable area. Pursuant to Section 26.470.040(13)(1), Administrative Growth Management Review: Detached single family or duplex dwelZiag units, of the Aspen band Use Code, as may be amended from time to time, the mitigation described herein shall be acceptable for ffie two (2) detached, free market sin~le- family residences to be constructed on Lot 2 of the lot split. 5. Unit Coafitmrations. Lot 1 shall be developedwith adetached-single- family dwelling unit, with or without pemritted accessory structures. The &ee market residences on Lot 2 shall be developed az two (2) detached single-family residences, with or without permitted accessory struchaes. T1re two (2) ADU/CH units on I.ot 2 shall be developed in a duplex configuration, attached either sido-by-side, oven-undo, or a combination of these. II~Im~I~1IIIluII~~II~II~II~~IIII~ 695369 a.z. JiM17GE K VO6 CPAIDILL PITKIN COUNTY CO R 56.00 D 0.00 Ju~ 18 O6 30:23a Wr'•ace 197"•270619 p. 22 Pages f ~t~l on.4greonent IIII~I~~I~I~I~III'IIIIIIIII~II~I~tI~I~III~IIII~I 069 6 520 6 06:2e JPNICE K VOS GRlM1ILL PTMIN COUNTY CD R 56.00 D 0.00 6. Floor Area Caleniation. Allowable Floor Area in the Project is dictated - by the R-6 zone district regulations and Section 26.575.020(A), Calculations and Measurements, of the Code, both as may be amended from time to time. a Asa 7,500 square foot lot in the R-6 Zone District, development of a detached single-family residence on Lot 1 is pemlitted up to 3,450 squaze feet of Floor Area, as such is calculated and measured pursuant to Section 26.575.020(A) of the Code, as may be amended from time to time. Since the "for sale" ADU/CH unit mitigating the Lot 1 development will not be located on the same parcel, Lot 1 is not entitled to a floor area bonus pursuant to Section 26.575.020(A)(7) ofthe Code. By contrast, since the "for sale" ADU/CH unit mitigating the Lot 1 development will be detached from the primary residence but located on Lot 2, it shall be excluded from the calculation of Floor Area, up to a maximum of 1,200 b. squaze feet. Asa 12,237 square foot lot in the R-6 Zone District, development of two (2) detached, freo-market residences on Lot 2 is permitted up to 4,274 squaze feet of Floor Area, as such is calculated and measured pursuant to Section 26.575.020(A) of the Code, as may be amended from time to time. Since the "for sale" ADU/CH unit mitigating the Lot 2 development~tvill be detached from the primary residence and located onthe same parcel as the unitsit ismitigating: 1) it shall be excluded from the calculation of Floor Area, up to a maximum of 1,200 square feet, and 2) theflee-market residential dcvelopment on Lot 2 shall be entitled to of the Code. Accordingly, the 4,274 sq'nare feet of allowable Floor Area on Lot 2 shall be increased by an amount equal to fifty (50) percent of the Floor Azea of the ADU/CH unit mitigating the I.ot 2 development, up to a maY;.T,~ bonus of six-hundred (600) square feet. 7. Affordable HonsinQ. Deed restrictions for the ADU/CH units developed on Lot 2 shall be in accordance with the provisions of Section 26.520.070, Deed Restrictions and Enforcement, of the Code, at the time of building permit issuance. 8. Building Permit Anulication. 1n addition to such requirements enumerated elsewhere herein and otherwise regpired by the City of Aspen Building Departtent, the building permit application for each of the residential units shall include the following: a A copy of the final Ordinance and P&Z-jiesolution; . b. The conditions of approval, as contained in the Ordinance, printed on the cove page of the building pemlit set; c. A completed tap pemlit far service with the Aspen Consolidated Sanitation District; d. A tree removal pemrit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by. a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a rightrof--way landscaping plan JuI I 18 06 1 O: 24a wr" nee Subdivision Exemption Agreement Boomerang Lot Split Page 6 of II 197^270619 p. 23 I Il~lll VIII ~I~ ~~~I ~I'I IIIIIII I~~I I~ I~I~~ IPl I~~I.00 6 6 6Bg 0 4 :2? shall be provided as part of the building permit application identifying that any trees removed from the right-of--way will have to be relocated Any disruption or damage to the right-of--way irrigation system during construction shall also be repaired to the satisfaction of the Pazks Department; e. A drainage plan, including as erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after conshuctiAn. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 5-yeaz storm frequency should be used in designing any drainage iiuprovcments; f. A construction management plan pursuant to the requirements of the Community Development Department. The construction management plan, shall include a plan for protesting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Pazks Department prior to building pemrit issuance; and g. A fugitive dust control plan to be reviewed and approved by the City Engineering Deparment. 9. Carb and Gutter. Owner shall construct curb and gutter along the West Hopkins Avenue frontage of the Property prior to issuance of a cerfificate of occupancy for any of the units in the project. The timing of this installation may be' changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction. See also pazagraph 4.d:; above. ' 10. Subdivision. No further subdivision of the Property may occur without receipt of applicable and'required approvals pursuant to Chapter 26.480 of the Aspen band l:Tse Code (hereinafter "Code's and growth management allocation pursuant to Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise allows for further subdivision. 11. Landscanine. Owner shall install a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also insjall tree saving construction fences around the drip line of any trees to be saved subj ect to the following provisions: a. The City Forester or his/her designee must inspect this fence before any construction activities commence. _ b. No excavation, storage of materials, storage of consruction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. 12. Environmental Hazards. Owner shall submit geoteclmical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. Owner shall also submit a report from a qualified, licensed engineer demonstrating that.rock fall from the slope above the development will be sufficientiy mitigated to prevent rock fall hazazds. This report shall Jum 18 06 10:25a Wa"ace i ,. i Subdivision fxempriox Agreement ` BoomerangLolSplu Page 7 of 11 197°270819 p. 24 I~~I~IIIII'III~~I~~I II~~I III~II II~II ~II B11I1{It~I~l.00 9 63Bg0 4:2i be submitted for review by the Community Development Department prior to the issuance of full stnictural building permits. 13. Fire Protection. Owner shall install a fire sprinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because of fue danger eoncems. 14. Sewer Service. Owner shall comply with the Aspen Consolidated Sanitation District's Hiles and regulations. No cleaz water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. 15. Imnact Fees. Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building permit issuance. The park development impact fees shall be calculated by the City Zoning Officer at the time of building permit issuance using the fee schedule in place at said time. In addition, School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and a proportionate amount of all applicable impact fees-shall be due at the time-of-building pem~it issuance for each-- residence. Code Requirements pursuant to LandZJse Cod6 Section 26.575.150, Outdoor Lighting. 17. DOg_. There shall be no prohibition against any property owner, including owners of the affordable housing units, from owning/keeping a dog. _ 18. Colorado Common Interest Owuersl-io Act (CCIOAI. As soon as construction oa Lot 2 practically allows, Owner anticipates submitting the Lot 2 development to a plan for condominiumization seated pursuant to the Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the separate conveyance of ownership in the two free market units and the two employee horsing units. The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As the Owner will have provided affordable housing pursuant to the Code, the Project is exempt from paying an Affordable Housing Impact fee. T71is provision is not in conflict withthose provisions of the Ordmance or of this Agreement restricting the property from further subdivision. . 19. Previous Ao~rovals NuII and Void. Upon recordation of the Plat sad this Agreement, the previous approvals including PUD, Subdivision and any others associated with the ]?ropetty become vacated, null and void for good cause found, and the provisions of Ordinance No. 6 (Series of 2006) will be in place. Jun 18 06 10:25a wa''ace 197r~270919 P, 25 Subdivision Exemption Agreement Boomerang Lot Split Page 8 of I T IIIIIII~I~I~~~~IIII~IIIIIIIIII~IIIIIIIII{IIIIII ~9 6369 a.z_ JRNICE R VOS Ci7UDIlL FIT%IN COUNTY CO R 56.00 D 0.80 20. Vested Prouerty Riehts. The approved Ordinance, Plat and this Agreement, - collectively, constitute asite-specific development plan vested for a period of three (3) yeazs from the date of development order issuance. 21. Financial Security for Public Imarovements. In order to secure the performance of the construction and installation of improvements in the public right-of- way, including landscaping, the Owner shall provide the City with a financial security for the proposed improvements. The financial security shall take the form of a letter of credit, cash or other guarantees in a fomm satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any building permits. Pursuant to this Agreement, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount of the required financial security shall be 110'/0 of the estimated cost of the improvements. The guarantee documents shall give the City the' unconditional right, upon clear and unequivocal default by the Owner uI its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation far such public improveme~s, or to withdraw fonds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one yeaz of the cost estimate, theCity may require the Owner to adjust the amount of the financial security for local increases in consttTrction costs: As portions of the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release ofthe agreed estimated costs for that portion of the improvements, except that ten percent (10%) of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-yeaz maintenance bond has been provided by the Contractor, and (iii) as-bunts have been provided (if required). Separate financial secmitics and maintenance bonds are required for civil RO.W. improvements (i.e. pipelines, sidewalks, and Garbs} and landscaping RO.W. improvements. - 22. Material Representations. All material representations made by the Owner on record, whether in public hearings orin documentation presented before City Council or the P&Z, shall be binding upon the Owner. 23. Enforcement In the event the City determines that the Owner•is not in substantial compliance with the terms of this Agreement or of the Final PIat, the City may serve a notice of noncompliance and iequest that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owner believes that s/tte is in compliance or that the noncompliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension of time to comply should be granted. Oa request, the J i i 18 06 30:26a wz~'ace 197'270819 26 Subdivision Exemption Agreement II Page 4 of I I BoomerangLotSpkt ~ II~I~IIIBN~I~I~IIIIII~N~I~I~~~~~~~I 525369 ~RNICE K P°~~ 0 of 11 I'OS CMIDILL PIMIN CIXA7rr ~ 06/36/2006 Oq;Z _ R 66.00 D 0.00 City shall conduct a hearing according to its standard procedures and take such action as - it deems appropriate. Th® City shall be entitled to all remedies at equity and at law to enjoin, coaect and/or receive damages for any noncompliance with this Agreement 23. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shad be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owner: Aspen FSP-ABR, LLC c/o Len Mongeon Fountain Squaze Properties, LLC 11921 Freedom Drive, Suite 950 Reston, VA 20190 To the City: 24. Biadine Effect constitute a burden on the land a2 Owners, their successors and ass City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 The provisions of this Ageement shall run with and d shall be binding upon and inure to the benefit of the -~ 25. Amendment This Agreement maybe altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 26. Severabiliri. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereo£ IN WITNESS WHEREOF, the parties.hereto have executed this Subdivision Exemption Agreement the day and year first written above. [remainder ofpage intentidnatly left blank] 9 Jug 18 06 10:26a Wa"aee Subdivision Ezonption .4greemeni boomerang Lot Split Page 10 of l7 197r~270619 P, 27 11111~111NiINIIII~~IIIIIIN~NIIIIIIIIfIIIIIIII~Da ~6369f~1~ D 0.08 _ _. OWNER: ASPEN FSP-ABR, LLC, a Delaware limited liability company By. BROWN REALTY MANAGER, INC., a Delaware oration, its er By:• i Name: T.yo+.wr ,~,eT'ii.1 Title: ditE P.~rsipe.a-f By. FOUNT SQUARE PROPERTIES, LLC, a V' li bility company, its Manager By: E~~~ Name: ! ~ Title: M er STATE OF s~ uae) 1 ss. The foregoing was sworn and subscn'bed to before me this 1r/ day of ~~+ ~ . 2006, by 7.i~..rs ~la.fro n/ . in his capacity as ~c~ PB/OF,JT for Brown Realty Manager, Inc. ~ _ Z~Vitness my hand and official seal. My r.,n,r~;~sion expires f z - T - Z~v G Notary Public STATE OF V I Y41~) _'~' _ z aNjv'•-:tiF ~~~~ ~.~.~ foregoing was sworn and bscribed to before me this ~'-rn, day~o~f~ R ~p,~ 2006, by 1~(~iYl~4'V . {'Z{?C~,V , in his capacity as ~~-",~='- ' fain Square Properties, LLC. ~ !401N~~~~p.:~ RY pV ~,. Witness my hand and official seal. ~n,u,nn" My commission expires 1 I ~~ U Notary Public ~. :~ .~ ~o Jt 18 06 10:26a wa? ice Sv6divisionEsemptionAgreement Boomerang Lot Split Page 11 of II APPRO~rED: 197Q^970819 II~I~I~1-d~~~IlIlI1~II1I111~~II~~111111~I~Il e6~'53zeoerD;':za . ~ R 56.00 D 0.00 fiJ`ho n orcester, City Attorney THE CITY OF ASPEN, COLORADO a municipal corporation By: el an Mayor STATE OF COLORADO ) ss. COLJNT'Y OF PTTKIN ) ATTEST: p. 28 Kathryn Koch, City Clerk J ..:The foregoing was sworn andaubscnbe'd to before me this ~TVday of - 2006, by Helen"Kalin Klanderud an fE~D~tifi~~; as Mayor and p Clerk, respectively, of the City of Aspen, a Municipa~I~1E~ ~Yl of c,~p^`zf Witness my hand and officials - My commission expires '~ y bhc CMy~Docamrna~pry AppliwrimulBoomuanglB-sang SamdalH-nmg Snmda SFr. `taC-VE <,: 11 l~ DEVELOPMENT ORDER of the City of Aspen Community Development. Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. Tlris Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments ganted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as descn~bed below. Aspen FSP-ABR LLC c/o Steve R. Stunda, 602 N. Fourth Street. Aspen. CO 81611, 925-7604 Property Owner's Name, Mailing Address and telephone number Referred to as the "Boomerang Vacant Parcel", the property is described as portions of Lots A-F. Block 32, Ciri and Townsite of Aspen, located on West Hopkins Avenue between 4'" and 5'" Avenues on the south side of Hopkins (no address assiffiedl. Legal Description and Street Address of Subject Property A rezonine of the property from R-15 (Moderate Density Residential) with PUD and Lodge Preservation Overlays) to R-6 (Medium Density Residential). and a lot split to create two separate residential lots to be developed in accordance with the provisions of Ordinance No. 06, Series of 2006. Written Description of the Site Spec Plan and/or Attachment Describing Plan Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Development Order (Same as date of publication of notice of approval.) A~ri128, 2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be parsued in accordance with Section 26308.010 of the City of Aspen Municipal Code.) Issued this 19th day of April, 2006, by the City of Aspen Community Development Director. Chris Bendon, Community Development 1 Xa... MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Historic Preservation Planner THRU: Amy Guthrie, Historic Preservation Officer ~~ Jennifer Phelan, Deputy Planning Director DATE OF MEMO: March 27, 2009 MEETING DATE: April 13, 2009 RE: 411 Pearl Court, Ordinance #48 negotiation process REQUEST OF COUNCIL: Council is asked to use the information provided to determine the significance of 411 Pearl Court and subsequently what benefits they are willing to offer the property owner in exchange for landmark designation. BACKGROUND: In July 2007, Aspen City Council adopted an emergency ordinance, Ordinance #30, Series of 2007. That ordinance prohibited any exterior alterations, land use applications, or building permits affecting all non-landmazked buildings constructed at least 30 years ago, unless it was determined that no potential historic resource was negatively affected. The purpose of the Ordinance was to protect Aspen's significant architectural heritage; not only Victorians, but more modern structures as well. Ordinance #30 was in place for 5 months, during which time Council held numerous meetings to discuss the effect of the new regulations and potential amendments. In particular, Council wished to see the applicability of the Ordinance narrowed down dramatically from all properties over 30 years of age to a specific list researched by staff and found to potentially qualify for landmark designation. In December 2007, Ordinance #48, Series of 2007 was adopted to replace Ordinance #30. Ordinance #48 creates a formal list of potential historic resources in Aspen that may have historical, azchitectural, archaeological, engineering and cultural importance. Detrimental development or demolition actions affecting these properties will be limited while the City undertakes an evaluation of the historic preservation program via the HP Task Force. 411 Peazl Court is identified on the List of Potential Historic Resources as part of Ordinance #48. Owners of property listed on Ordinance #48 can still move forward with proposed projects if they: 411 Pearl Court, Ordinance #48 negotiation Page 1 of 5 A. Submit the plans and seek staff determination that the work is exempt from delay under Ordinance #48 (routine maintenance work for example); or B. Submit plans and seek staff determination that the work, while not exempt from Ordinance #48, can move forward by voluntarily complying with Staff or HPC review (depending on the scope of work) of the project, or C. Submit plans with the intention of triggering a 90 day delay period, during which time City Staff and Council will negotiate for appropriate preservation of the property. If the negotiation does not result in an agreement to landmazk designate the property, the building permits will be processed as requested. Jim Curtis, the property owners of 411 Pearl Court, submitted a building permit for exterior changes. Staff reviewed the proposal and determined that the work was detrimental to the potentially historic architectural character. Mr. Curtis is a local land planner and understands the historic designation process, benefits and incentives available. The only incentive that he is interested in is for the City to purchase the property & give him a no-cost life estate on the property. Other than that, he prefers to proceed with obtaining a building permit (option C above), rather than negotiate with the City at this time. During the 90 day negotiation period, meetings are scheduled with the HPC and the City Council. HPC discussed this issue on March 25, 2009. HPC voted 5-0 finding that 411 Peazl Court is a good example of the rustic style; demonstrates an integrity score over the minimum threshold for designation; and recommends that Council negotiate for landmark designation of the property. Minutes from the meeting are not ready yet. SUGGESTED APPROACH: The only incentive of interest to the property owner is for the City to purchase the property and give him a no-cost life estate on the property. Other than that, he prefers to proceed with obtaining a building permit rather than negotiate with the City using the historic preservation incentives adopted in the Land Use Code. In the spirit of Ordinance 48, Staff recommends that Council end the 90 day negotiation with the property owners and allow the property owner to proceed with the pending building permit. APPLICANT: Jim Curtis, 411 Pearl Court, Aspen, CO 81611 PARCEL ID: 2735.121.10.002. ADDRESS: 411 Peazl Court, Block 101, Lots 7 and 8, Hallam's Addition to the City of Aspen, Colorado. ZONING: R-6, Medium Density Residential. 411 Pearl Court, Ordinance #48 negotiation Page 2 of 5 DISCUSSION: Council is asked to decide whether this property's significance warrants negotiations with the property owner for its preservation. The criteria for designation aze listed below and staff s analysis follows. 26.415.030.B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmazk Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will be evaluated according to the following criteria. When designating an historic district, the majority of the contributing resources in the district must meet the criteria described below: 1. A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) yeazs old, and b. It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age; or 2. A property or district is deemed significant as a representation of Aspen's 20th Century history, was constructed in whole or in part more than thirty (30) yeazs prior to the yeaz in which the application for designation is being made, possesses sufficient integrity of location, setting, design, materials, workmanship and association and is related to one (1) or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented, or c. A physical design that embodies the distinctive characteristics of a type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed less than thirty (30) years prior to the year in which the application for designation is being made may be considered under Pazagraph 2 above, if the application has been filed by the owner of the 411 Peazl Court, Ordinance #48 negotiation Page 3 of 5 property at the time of designation or, when designating an historic district, the majority of the contributing resources in the district meet the thirty-yeaz age criterion described above. STAFF FINDINGS: Staff finds that criterion c is met due to the property's representation of the Rustic Style. 411 Pearl Court was built in 1963 for Justin Wolfson, a doctor who lived in New Mexico and wanted a vacation home in Aspen. It is a Pan Abode log kit house located on Pearl Court between Third and Fourth Streets. Manufactured log kit homes gained populazity in Post- Waz Aspen because they were cheap quickly constructed buildings that were typically used as vacation homes. Manufactured "log" cabins were indicative of America's romanticized image of the Wild West that was fueled by series like the Lone Ranger (1933 - 1954) and Davy Crockett (1955.) Exhibit D outlines national context for the Rustic Style. Examples of Pan Abode homes built in Aspen in the 1950' and 60's aze shown below. There aze only ten (10) Pan Abode/manufactured log homes left in Aspen and the majority of them have additions. Two (2) of the ten (10) aze designated landmazks and the remaining eight (8) are unprotected, including 411 Pearl Court. A collage of the unprotected Pan Abodes is attached as Exhibit C. Building permit records indicate that there were a few minor alterations in 1998 that include window replacements on the east and north elevations. Gazage doors were added. Overall, the form seems to be unaltered. The context of 41 i Peazl Court has changed over time; however, 615 North Third Street (directly to the east) is also a Pan Abode home. As built drawings are attached to this packet, as is Staff s integrity assessment. We find that the house merits 79 out of 100 points, which exceeds the threshold for designation (75 points for Post Waz buildings). PROPOSED CHANGES: Staff finds that the following proposed changes aze not minimally intrusive or reversible and will adversely impact the character defining features of this architectural style: 1. The proposal to replace the original window located on the primary facade (north elevation) with a style unchazacteristic of a Pan Abode is not minimally intrusive. 2. The vertical boazd and batten veneer proposed for the residence will obscure the characteristic Pan Abode logs and is not minimally intrusive. STAFF RECOMMENDATION: Staff finds that 41 I Peazl Court is a good example of the Rustic style in Aspen; however, we recognize the desire of the property owner to obtain a building permit for exterior changes. PROPOSED MOTION: "I move to end the 90 day negotiation and allow the property owners to obtain the appropriate approvals for the pending building permit." CITY MANAGER COMMENTS: ATTACHMENTS: A.) Existing and Proposed drawings B.) Building permit information C.) Pan Abode collage D.) National Context for Rustic Style Timeline EJ Rustic context paper F.) Criteria for designation G.) Integrity Assessment Sheet H.) 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S.F. 17ifStS.II~ County of Pifkin BUILDING ~- N° ._.184 PERMIT / ~ hiT s Permit expires from date of issuance unless extended otherwise and ~ grants permission only for the work indicated below. Permission is hereby granted J9S1'FN d. WOLFSOR / 19i1~.D/~Eri1 ~ N~ff~thl as flrauer/ tbntx~relrr~rs tD erect a i..storsr Oedar lOg & frame streofure tar nse as a Stnala..family ftesidea0e on Lot ~~ Block idi Addition ~'~ Zone R.is ~ ~~ Fire Dist. $ ~ Occupancy ~ Address 4ii Pearl ~surt Type of Const. ~P• F6 V.~H t'~19 FkAma J6 4~~9CE~d1',10r 3~ OAdg141A6 WR116 .+ PA~1 ABQI>B In+ended Use and Purpose fi1n~7.e F'$~~+3r.-~ _ No. of Living Units ~ No. of Rooms 5 -~' No. of Baths a ~3 __ Size Height jsit Width 4A1' Length ~~ Sq. Ft. idae Basement NOne Garage Fencr Setbacks N-.-~~~ 5-~-- W ~~ E ,~- R.O.W. P~'~ ~="E Architect Pmn ALede ^" ~~' a i ~TBSm~~flA Address ~ 2fiust be .creased person Electrical I~t$ _ Plumbing Gas 1, >:leatriesl ~ platmbi~ east be by l.4enaed per~csa • Please sdvi.se REMARKS: 2. File i-alet o! pleas / su~smit glut plan r _ ,~ i" _ BUILDING APPLY FOR CERTIFICATES OF OCCUPANCY BEFORE OCCUPYING~STftUCTURE: CALL FOR INSPECTIONS AS REQUIRED: For ell work done under this permit the permittea accepts full responsibilit for compliance with the Uniform Building Code .and all other County Zoning Resolutions. (\1{`VA1/ Signed AGENT, OWNER OR CONT0.ACTOR .t ~ -~ 7 Estimated Cost 8......1~'. ~'~..Q....~.......... Date Filed...../~~`~ ...........................~~ p~p~, Building Fee $......... ~". .............. ~ / pi/ APPLICATION FOR BUILDING PERMIT Q TO THE BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO Permission is hereby regssested to perform and do the work, repairs construction alteration or Location by Street No. and Lot and Zoning Classificatios~ Name and address of Name and address of contractor, or bi Name and address of architect KB Type Construction iTIV' EC{ Intended use and purpose~~ Number livine unit ~l Distance from lot lines N- Distance from finishhed grade to bottom of lle" f $ II Size of footings e3 51 Size and Type of 1st story walls Size and Type of 2nd story Style and pitch of roof ~T - I ''`~ Joists, floor supports and rafters: (Give First F Second Rafter; Floor s O M .a _No. Room ~ I No. of o t e~~,t. ~ o R.0.4V. and Tvne of U Roof Material 0. T Y/ ~-Ot-l'/r ~I/"['[.v~ t'S^"e~ t'Ywy"t Additional particulars and remarks: (If above data is inapplicable, desc~ ri Draw plot plan on reverse side. Thin appplica[ion ie made with the specific uvdemtandivg tha[ Yvy Permit issued is wb'ect to auapenaion c the Uniform ri ildivg Code, the Zovivg regulation and all other condition, upon which said ~ermit is lamed; or lawn of Colorado. ~~ as P e to <omD1Y with the terms and covdiuona of ation from the terms of the appGcetiov or the f . ~^ Dated and signed this ............................................day of........1.:.... .......'}. ..... ........... ...................4..........:...................... `~/ti\~ ~`a {~l~~r~l~1 ~ (APPlicant) Capacity:.1{I ....... ......_ ...... ... _ u ..........._...:... .~..,............. _........ ( eat, Owner, C ntractor, ete.j BUILDING PERMIT The above and foregoing application for a Building Permit is hereby approved, subject to comlp~liance with the following conditions: ~.~e e~~- ~1 ~n~ b in%q MaSjT 1~T ~~/ ~~s.cNsr1 $ RSEN~° ,~>~ /,sue T Pfa use wt ~~ ~J~:° /f S~ d M,~' PlQ Y ~/~~/~ Dated this.........../...~'"~W..........day of.......i/....~?........... .........., 19....1n..3~ !.... ~r.G~.uti!.~.3........... -~ Building Inspector. BUILDING PERMIT REJ TE The above and foregoing application for a Building Permit is hereby denied and rejected for the following reasons: N Dated this ...............:...........................day of........................................................................, 19.......... .................................................................................................... Buildin~ Inspector. m 0 C L C G ~p O .. ~ C O ~' C . Y ` V v ~ -O ~ V O ~ ~ N _ ~ O y O ~~ ~ - ~ -a v -o v a w ~ ~ -Q ~ o ~ J l0 ,~ ¢ Y -B f0 ~ C f- L -O V1 - f6 d tp ~•' ¢ C ~ ~ N y0 C p U O ~6 C ~ 2 ..O ~ v v Q C H ro N -6 v Y v v ~ ~ ~ ~ v 7 O V -O 4 ro N ~ Q v t0 ~ C - ~ J 'V ~ Q ~ "O C -O v ~ ~ .Q L N _ ~ Y 4 d O 4 -O Q 7 6 p C O = l0 ~- N v _O C ~ J . O C _ C O to 2 C v m d C C `O O O' ~- J ~Q v a v v Y v Y p ~ ~" v v~ ~ ~ ~ ~ O v ~ ~ 0 ~ U X 2 o 3 > ~ c ~ a. v v v N ~ a+ a+ ±_' _ ~ O ~ ¢~ ¢ ¢ ¢ av v ~ v Y~ 3 v , ~ N V1 C ~^ C C i ~' .-~ ll1 ..J V1 ~ C i O y ~ L.L ~ O C ., Vl O c y Y ~ c .c c > 0 01 ~ U % ~ -O O (p Q ~ O. O T .~ r0 ~ m ~ Q C - _ O S 2 ~ N O ~ ~ w ~u; ?~' ~ LLi ~ ~ io a. V a~.= ~ Z oorn ~- o o o o m '-~o~ o v~ rv ~ o rv m m o ~- ~ c r~ '- N ,- N m rv ~O ~ C 7 rv~ ~ ~O ~ , ~ ~ ~ N m V lIl ~D i~ W 01 ~- ~ .i c. D• z 0 z n r n O z m x T Q A A G !'1 { r m ASPEN'S 20TH CENTURY ARCHITECTURE: ~ • RUSTIC STYLE BUILDINGS The Rustic Style of architecture was symbolic of early 20`h century attitudes that embraced not only the mythology of the "hardy outdoor life of American pioneers" ~ in the western United States, but also, to an extent, the larger dream of Manifest Destiny. There was embedded within the style a desire to live up to the spirit of adventure and rugged determinism of those who had ventured West. Though heavily steeped in western legend, the Rustic Style's roots actually lay in the simple pioneer cabin, and in the vacation homes of the Adirondack Mountains which were built in the late 1800's. As early as 1916, however, with the founding of the National Park Service, the style became a cornerstone of the NPS's belief that "buildings should blend in with their natural surroundings"Z and that "natural settings could influence architecture." 3 The majority of entryways, information centers, and guest lodges that were built in the Pazks throughout the country in the first decades of the 20th century were log and stone buildings constructed in what came to be known as the "National Parks Service Rustic" style. "The high point in the development of this `rustic' design ethic occurred in the late twenties and spread throughout the nation during the work-relief programs of the Depression.s4 Hand-in-hand with the growth of the National Parks Service was the development of resort areas throughout the Rocky Mountain States, and Rustic Style buildings, which ranged in size from small cabins to substantial lodges, were constructed in Colorado starting in 1905.5 Early examples of the buildings can be found in burgeoning tourism and vacation spots such as Grand Lake, Thomasville, Woodland and Estes Parks. Rustic style "represented an early 20th century movement in American azchitecture It was picturesque, romantic architecture that recalled the American past."6 In Aspen, Colorado, Rustic Style cabins used as lodges and residences, began to be built in the 1930's, though the tourism industry was still in its infancy. The Waterman Cabins, built in 1937, and once located at the corner of 7`h and Hallam Streets, have since been demolished, but were one of Aspen's first group of small tourist cottages. The Swiss Chalets (now L'Auberge, and suffering from ~ Carley, Rachel, "Cabin Fever: Rustic Sryle Comes Home" Z Rocky Mountain National Park, Home Page, Historic Buildings ' Kaiser, Harvey H., Landmarks in the Landscape, 17 ° Harrison, Laura Soulliere, Architecture in the Parks, National Historic Landmark Theme Study, 1 s Colorado Historical Society Home Page a Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge" Grand Lake Lodge, built in 1925 Sumers Lodge, a vacation home in Glemvood Springs, built in 1935 the "chalet" misnomer- as they are, indeed, in the rustic style) aze located at 435 W. Main Street, and were built during roughly the same period. Prescient, and perhaps with a nod to the automobile's growing influence in American society, a motor court configuration at the Chalets allowed guests to drive right up to the individual units. Single family residences in Aspen employed the Rustic Style as well. .,_~. 300 W Main Street, residence built in 1944. WPA Bell tower, built in the 1930's and shown here after Swiss Chalets, 435 W Main Street, built circa 1990'.c Also in the 1930's, a WPA sponsored structure that was used as a bell tower was constructed at the present location of the town fire station on East Hopkins Avenue. It fell under the supervision of the National Pazk Service, who managed the WPA program and the design of all its projects. The Pazk Service's architectural philosophy was summazized at the time in a volume entitled "Park and Recreation Structures,"which stated that, "Successfully handled, (rustic) is a style which, through the use of native materials in proper scale, and through the avoidance of rigid, straight lines, and oversophistication, gives the feeling of having been executed by pioneer craftsmen with limited hand tools. It thus achieves sympathy with natural surroundings and with the past."~ its relocation ro Paepcke After the Second World War, looking to the past- and in Parkin 1954. Ir was particulaz, the American past- was the result of a nation turning reconstructed in 1990. inwards, and away from foreign battlefields. The romance and heightened idealization of the West, and the appeal of the rugged individualist's lifestyle, was evidenced by the popularity of television shows like "The Lone Ranger" and "Davy Crockett", and further, by the proliferation of Western movies (many of which were produced as a result of the McCarthy Era effect on post-war Hollywood productions). The American public acculturized the West's ideals, and the Rustic Style even found its way into children's toys like "Lincoln Logs." ' Harrison, 8 2 The American landscape was transformed in the 1940's. The unpazalleled growth and prosperity of the United States (spurred on in part by the GI Bill), and the "baby boom" that began- and didn't slow down- until the late 1960's, brought with it success, comfort, and a blossoming middle class. Americans were enjoying greater financial freedom, along with increased leisure time, and they were looking for adventure. They looked West. Falling gasoline prices, the construction of cross-country highway systems, and a young, flourishing automotive industry (by-products of the post-war economic climate), "gave greater numbers of people the means to travel, and previously inaccessible places were more easily reached."8 Vacationing and tourism became the hallmazk of the American lifestyle, and the West held a particular interest for a people with newfound freedom, and the desire for adventure. "To Americans the West is their refuge, the home of the `last best place."9 Vacation homes, hunting lodges, dude ranches, and tourist-related facilities began to increase in number after the War, many built in the Rustic Style, which was perfect for the "frontier spiriti10 of the new American tourist. Aspen was the ideal destination for the "new American tourist." Purple mountains majesty aside, it had a growing reputation as a ski town- a sport that was gaining increasing popularity. And as people ventured out west to vacation in the late 1940's and eazly 1950's, they were looking for what so many had sought before them: the spirit of adventure, romance, and ruggedness. Yet what Aspen offered, even then, was so much more. It became an "archetype for the beginning of tourism in the post-World Waz II American West."~~ The effort to create a cultural and artistic haven, and yeaz-round resort town that offered "good opportunities for combining work, play, and culture,"~Z only added to the town's uniqueness, as a "post-war consumer culture and the nation-wide growth of tourism, combined with the beginning of the ski industry, meant that people no longer had to belong to an elite club or live in a mountain town in order to ski."13 Rustic Style buildings continued to be constructed in town during this period, including Deep Powder Lodge (circa late 1940's/early 1950's), at 410 S. Aspen Street, and The Hickory House (initially christened The Silver Chicken) at 735 W. Main Street, which was built in 1950. At the time, it was one of the few restaurants operating in town, and the original sign, located on the west side of the building, reads "restaurant," and is lettered to look like logs, harmonizing the theme of the structure down to the last rustic detail. Deep Powder Lodge, 410 S. Aspen Street, built circa lnle 1940'c/enrly 1950'c a Rothman, Hal K., Devil's Bareains -Tourism in the Twentieth-Century American West, 202 ° Rothman, 14 10 Carley ~ ~ Rothman, 207 12 Rothman , 213 "Gilbert, Anne M., Re-Creation through Recreation: Aspen Skiing from 1870 to 1970, 46 3 There was no shortage of young male labor during the period these buildings were constructed, and the materials were readily available locally. Small cabins could be erected during a summer, readying them for the new American tourist seeking the "Western adventure." Between 1940 and 1959, the number of full-time residents in Aspen increased by 1000, and "by 1959 at least 200 part-time residents joined the year-round crowd."14 As Aspen's amenities began to attract a larger, more influential and wealthy group of second homeowners (including some of Hollywood's brightest stars), the city began to transform itself into a premiere, yeaz round resort, and many people "chose to move to or build vacation homes in Aspen."15 For some, a second home built in the Rustic Style was a natural choice, and things were moving fast: "A gala opening of the lifts and reopening of the Jerome was held in January, 1947, and people poured in from all over the country. A boom was on, and every tax title was gone at the court house. If you wanted a lot or a house in Aspen, you could no longer step around to the county commissioners and make an offer of a hundred dollars or so on some abandoned property. You went to a swank new real estate office and paid through the teeth, several thousand dollazs. Aspen had been bought up in a twinkling, and by a strange assortment of people- artists, writers, and movie actors who wanted to get away from city life, wealthy sportsmen who wanted a fishing and hunting lodge, mid-westerners who wanted a summer mountain cottage, eastern couples who wanted to try their hand at ranching, and ski cranks who wanted to start a business, any sort of business, to be close to Aspen's slopes."16 In part, as demand and mechanization quickly began to replace the handmade in many aspects of American life, log cabin kits that could be ordered by catalog, delivered by train or truck, and then assembled on site gained in popularity. The kits were another version of mail order houses that were popular during the depression era, lazgely due to their affordability. Following the lead of Seazs, Roebuck, & Co. and Montgomery Ward (who sold hundreds of thousands of homes during the Depression), other companies began selling different styles of kit houses, including Pan Abode (established in 1952), a 277 west Hopkins Srreet,a Pare abode built rn manufacturer that specialized in log cabins. After rasp 1950, Rustic Style buildings in Aspen were more commonly machine-made kit log structures than hand-built, but they still reflected the same American West iconography. Materials in these later buildings simulated log construction and referenced the particular visual details of the original log structures. Examples of kit log structures built as second homes during this period aze found at 211 W. Hopkins and 765 Meadows. The kits were also used for quick-to- build housing to fill the growing needs of the ski resort workforce, many of whom could not 14 Rothman, 223 15 Gilbert, 72 16 Bancroft, Carolyn, Famous Asoen 4 qualify for traditional mortgages, due to the part time nature of their jobs, and therefore relied on affordable construction methods. Eligibility Considerations There are specific physical features that a property must possess in order for it to reflect the significance of the historic context. Typical characteristics of the Rustic Style are "log construction, stone foundation, small paned windows, overhanging roof, stone chimney, and battered walls."" To be eligible for historic designation, Aspen's examples of Rustic Style architecture should have the following distinctive chazacteristics: • Hand built structures that aze constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. Later examples include machine cut logs. • The buildings aze usually single story, with aloes-pitched gable roof. • True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. Machine made buildings mimic these details, though without the chinking. • Window openings are spaze and usually horizontally proportioned, wood trim is used to finish out the window openings. • Building plans are simple rectangular forms, with smaller additive elements. • The roof springs from the log wall, and gable ends are often infilled with standazd framing. This may be a small triangle or a second level of living space. • The emphasis is on hand-made materials and the details stem from the use of the materials, otherwise the detail and decoration is minimal. Though Pan Abode structures are still being manufactured today, which poses a greater challenge in determining the end date for the Rustic Style period, changes in the type of accommodations and facilities that were desired for both tourists and homeowners began to evidence themselves in Aspen in the early 1970's. As land became more valuable, the era of the small vacation cabin came to an end, and custom-built homes were faz more common, as were condominiums. Aspen's 1973 Growth Management plan, a reaction to the magnitude of change and development that the town was experiencing, recognized the need to preserve the quality of life that many felt Aspen was losing due to its popularity. Second homes began displacing permanent residents, and in fact, the City passed a controversial ordinance in order to stem the loss of resident-occupied housing. Concurrently, modest lodges were being replaced with higher-end accomodations. These trends were noted again in 1986, when, according to the 1993 Aspen Area Community Plans, it was found that the number of second homes had significantly increased, and that the size of these second homes was particularly large compared to traditional residences in the city. The shifts in Aspen's development pattern suggest that it would be "Colorado Historical Society Home Page, Guide to Colorado Architecture 18 Aspen Area Community Plan, 1993 5 appropriate to establish the end of the period of historic significance, which is a term used to define the time span during which the style gained azchitectural, historical, or geographical importance, for simple, small scale, Rustic Style buildings as roughly 1970. With regard to Pan Abode structures, of which there is a relatively lazge collection remaining in town, a finding of historic significance must go beyond the basic characteristics of the building as an example of a kit house, and demonstrate a connection between a specific structure and the local story of vacation home construction and ski industry related housing, lodging, or facilities. Deep Powder Lodge The Castle Creek Cabins/Waterman Cabins, once located at 7`~ and Hallam Streets Sunset Cabins, once located near Th and Main Streets Bibliography Aspen Area Community Plan, 1993, Aspen, Colorado Bancroft, Carolyn, Famous Aspen. Carley, Rachel, "Cabin Fever: Rustic Style comes Home" September 1998, www.uniquerustigue.com/history Colorado Historical Society Home Page, Guide to Colorado Architecture, www.coloraohistorv- oahn.org/guides Directory of Colorado State Register Properties, www.coloradohistor~p.org/publications Gilbert, Anne M. Re-Creation through Recreation: Asnen Skiing from 1870 to 1970, 1995. Aspen Historical Society, Aspen, Colorado Harrison, Laura Soulliere, Architecture in the Pazks: A National Historic Landmark Theme Study, National Pazk Service, Department of the Interior, November 1986 htt~://www.cr.nps.gov/history/online books/harrison Kaiser, Harvey H., Landmarks in the Landscape, California: Chronicle Books, 1997 Rocky Mountain National Park, Home Page, Historic Buildings http://www.nps. eov/romo/resources/historY/historic.html Rothman, Hal K., Devil's Bargains -Tourism in the Twentieth-Century American West, Kansas: University of Kansas Press, 1998. Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge", 1995. CRM Volume 18, Number 5, httn://crm.cr.nos.eov/archive/18-5/18-5-4.pdf. • Criteria for Desi~nation• 26 415.030.B of the Aspen Municipal Code TNe Cm ov Aa~v B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will be evaluated according to the following criteria. When designating an historic district, the majority of the contributing resources in the district must meet the criteria described below: 1. A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age; or 2. A property or district is deemed significant as a representation of Aspen's 20th Century history, was constructed in whole or in part more than thirty (30) yeazs prior to the year in which the application for designation is being made, possesses sufficient integrity of location, setting, design, materials, workmanship and association and is related to one (1) or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented, or c. A physical design that embodies the distinctive characteristics of a type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed less than thirty (30) years prior to the yeaz in which the application for designation is being made may be considered under Paragraph 2 above, if the application has been filed by the owner of the property at the time of designation or, when designating an historic district, the majority of the contributing resources in the district meet the thirty-yeaz age criterion described above. 4. The construction date of a property shall be established by the date of issuance of the earliest building permit for the subject structure found in the records of the Community Development Department. If there aze no building permit records available, the building shall be assumed to be, in whole or in part, at least thirty (30) years old. 5. The Historic Preservation Commission shall adopt, maintain and make available to the public guidelines, score sheets and other devices used by the Commission to apply the criteria set forth in this Chapter to properties potentially eligible for inclusion on the inventory. INTEGRITY ASSESSMENT- RUSTIC, 411 PEARL COURT Integrity is the ability of a property to convey its significance. • LOCATION Location is the place where the historic property was constructed or the place where the historic event occurred. 5 -The structure is in its original location. 3 -The structure has been moved within the original site but still maintains the original alignment and proximity to the street. 0 -The structure has been moved to a location that is dissimilar to its original site. TOTAL POINTS (maximum of 5) Staff Response: 5 points. DESIGN Design is the combination of elements that create the form, plan, space, structure, and style of a property. BUILDING FORM 10 -The original plan form, based on authenticating documentation, is still intact. 6 -The plan form has been altered, but the addition would meet the design guidelines. 0 -Alterations and/or additions to the building are such that the original form of the structure is obscured. Staff Response: 10 points. The original plan form appears to be intact and match that of the 1963 building permit on file. ROOF FORM 10 -The original roof form is unaltered. 6 -Additions have been made that alter roof form that would meet the current design guidelines. 0 -Alterations to the roof have been made that obscure its original form. Staff Response: 10 points. The original roof form is unaltered. SCALE 5 -The original scale and proportions of the building are intact. 3 -The building has been expanded but the scale of the original portion is intact and the addition would meet the design guidelines. 0 -The scale of the building has been negatively affected by additions or alterations. Staff Response: 5 points. The original scale and proportions of the building are intact. DOORS AND WINDOWS 10-The original door and window pattern are intact. 8- Some of the doors and windows are new but the original openings are intact. 4- More than 50% of the doors or windows have been added and/or the original opening sizes have been altered. 0- Most of the original door and window openings have been altered. Staff Response: 6 points. Windows on the east and north elevation are new but the original openings are intact. The garage door is new and we are unsure as to whether this was always a garage or if it was living space previously. CHARACTER-DEFINING FEATURES/SPARE QUALITY OF THE DESIGN 10-The form and features that define the Rustic style are intact. There is an overall sense of simplicity. Window and door openings and decorative features are spare. 5- There are minor alterations to the form and features that define the Rustic style. 0- There have been major alterations to the form and features that define the Rustic style. Staff Response: 8 points. Overall, the form and features of the Rustic style are intact. The window styles on the north and east elevations are uncharacteristic of the rustic style. TOTAL POINTS (maximum of 45) = 39 points. • SETTING Setting is the physical environment of a historic property. 5-The physical surroundings are similar to that found when the structure was originally constructed. 3-There are minor modifications to the physical surroundings. 0- The physical surroundings detract from the historic character of the building. TOTAL POINTS (maximum of 5) = 2 points. The neighborhood has changed a lot since ]963, but there is another Pan Abode directly adjacent to 41 I Peazl and a 1960s building a few houses down the block. • MATERIALS Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or confguration to form a historic property. EXTERIOR SURFACES 15-The original exterior wall materials (log, wood siding, and stone) and the decorative trim materials are intact 10- There have been minor changes to the original combination of exterior wall materials and the decorative trim materials, but the changes have been made in a manner that conforms with the design guidelines. 5-There have been major changes to the original combination of exterior wall materials and the decorative trim materials. 0- All exterior materials have been removed or replaced. Staff Response: 10 points. The logs are intact, but there is a new wooden garage door. DOORS AND WINDOWS 10-All or most of the original doors and windows units are intact. 5- Some of the original door and window units have been replaced but the new units would meet the design guidelines. 0- Most of the original door and window units have been replaced with units that would not meet design guidelines. Staff Respouse: 4 points. Two of the windows were replaced with styles that would not meet our guidelines. TOTAL POINTS (maximum of 25) = 14 Points. • WORKMANSHIP Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. DETAILING AND ORNAMENTATION/HAND-BUILT CHARACTER OR IMITATION OF HAND-BUILT CHARACTER 15-The original detailing is intact. The building is built from locally available materials and exhibits evidence of handwork, or is attempting to do so if mass produced. 10-There have been some alterations of loss of the original detailing or handwork character. 5- Detailing is discernible such that it contributes to an understanding of its stylistic category. 0- New detailing has been added that confuses the character of the original structure. 0- The detailing is gone. Staff Response: 15 points. The original detailing is intact FINISHES & COLOR SCHEME 5- The natural finishes and color scheme that define the Rustic style are intact 3- There have been minor alterations to the natural finishes and color scheme that define the Rustic style. 2- There have been substantial alterations to the natural finishes and color scheme that define the Rustic style. Staff Response: 4 points. The home is painted brown with colorful trim. It is unknown as to whether the exterior was originally unpainted, but the present color scheme is consistent with the rustic style. TOTAL POINTS (maximum of 20) = 19 points. ~~ GRAND TOTAL NUMBER OF POINTS = 79 POINTS. ~~ MAXIMUM NUMBER OF POINTS=100 MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS Note: Each area of the integrity analysis includes a description of the circumstances that might be found and a point assignment. However the reviewer may choose another number within the point range to more accurately reflect the specific property. ~iR1+~grr I~ . A RECOMMENDATION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) REGARDING NEGOTIATIONS FOR LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 411 PEARL COURT, BLOCK 101, LOTS 7 AND 8, CITY AND TOWNSITE OF ASPEN, COLORADO PURSUANT TO ORDINANCE N0.48, SERIES OF 2007 RESOLUTION NO. 10, SERIES OF 2009 PARCEL ID: 2735.121.10.002. WHEREAS, Jim Curtis, 411 Peazl Court, Aspen, CO 81611, have applied for a building permit to alter the exterior of the building that will destroy character defining features on the house they own located at 411 Peazl Court, Block 101, Lots 7 and 8, City and Townsite of Aspen, Colorado. Under the provisions of Ordinance #48, Series of 2007, Mr. Curtis subsequently consented to a ninety day review and negotiation of potential historic significance of the subject house; and WHEREAS, Section 26.415.025 (e) of the Municipal Code states that "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regazding the proposed building permit and the nature of the Potential Historic Resource. The property owner shall be provided notice of this meeting with the Historic Preservation Commission;" and WHEREAS, the property owner was notified of the Historic Preservation Commission meeting and attended the meeting; and WHEREAS, Saza Adams, in her staff report dated Mazch 25, 2009, performed an analysis of the building as a potential local historic landmazk; and WHEREAS, at their regulaz meeting on March 25, 2009, the Historic Preservation Commission considered the application and approved a motion to recommend Council does not pursue negotiations for landmark designation by a vote of 5 to 0. NOW, THEREFORE, BE IT RESOLVED: HPC finds that 411 Pearl Court is a good example of the rustic style as defined in the adopted context paper and, given the integrity score surpasses the minimum threshold for designation of Post World Waz II structure, recommends City Council negotiate with the owner of 41 I Pearl Court, Block 101, Lots 7 and 8, City and Townsite of Aspen, Colorado, to seek landmark designation of the property. [signatures on following page] 411 Pearl Court Ordinance #48 Negotiation Review Page 1 of 2 ~~ APPROVED BY THE COMMISSION at its regular meeting on the 25`" day of March 2009. Michael Hoffman, Chair Approved as to Form: Jim True, Special Counsel ATTEST: Kathy Strickland, Chief Deputy Clerk 411 Pearl Court Ordinance #48 Negotiation Review Page 2 of 2 "I ' ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 25, 2009 411 Pearl Court -Ordinance #48 Negotiations Sara pointed out that the owner, Jim Curtis isn't interested in negotiating for landmark designation. The property was built in 1963, a typical pan abode that hasn't had many additions. It was built for a doctor that lived in New Mexico. The manufactured log was indicative of what the American West was and that is one of the ways they gained popularity. Staff determined that there are about 10 manufactured logs homes or pan abodes left in Aspen. The majority have large additions. Two of the pan abodes out of ten are designated landmarks and the remaining 8 are unprotected. Jim has done a few minor alterations; window replacement and garage doors. Overall the form has been unaltered. Regarding context, directly to the east is also another pan abode on 615 N. Third and Peal Court. The integrity assessment scored 79 out of 100 and the threshold is 75 for Post War properties. Jim Curtis said he purchased the house in January of 1997. I understand and appreciate how historic preservation takes place. Relative to me this house is my only retirement asset. I need to keep as much flexibility as possible. I am fairly knowledgeable of the incentives. My lot is only 5,000 square feet and I do not think it would fit for a lot split. It would be incompatible with the neighborhood. I submitting for a building permit and it is my intent to keep the building permit alive for a year without doing any work and I will wait to see what happens with the resolution of ordinance #48 under the task force. The building permit is to encapsulate the house with a skin sufficiently enough to get the house off ordinance #48. Sarah asked what is original on the house. Jim said he thinks everything is original. Sara said staff feels this is an important building in Aspen. Michael asked the HPC if they think this house is worthy of preservation and should council negotiate with Jim? Ann said clearly from the assessment score of 79 this house is worthy of preservation. Ann said the task force is looking at incentives that can be applied to structures on ordinance #48 and on lots under 6,000 square feet. I am not convinced being on ordinance #48 is an economic hardship. 4 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 25, 2009 Ja said this scored 79 and is a ood exam le of a an abode.~~ Y g P P Y recommended that Council work with Jim. Brian said the only incentive would be a lot split and given the nature of this neighborhood fabric it would be more detrimental. In this particular situation it is not justified in this location. It is not particularly a visible house and the street is very narrow and reads more like an alleyway. Brian said he would not support negotiations. Sarah said the rustic style and the assessment score gets us over our threshold. Sarah agreed with Brian that Pearl Street is more like an alleyway. There might be incentives that are acceptable to Jim. Sara pointed out that council can't make the owner designate the property. If Jim doesn't want to negotiate the property will not be designate. Sarah said she supports designation of the property as it fits within the rustic style and given the integrity score this is a property worth looking at. Jay said we need to look at the structure itself and let Council do the negotiations. Michael said his personal feeling is if City Council has the option to designate then we should get a full analysis at the time so we can consider whether we are interested in pursuing designation. Sara said even if the owner doesn't want to designate. Ann said we are here to identify historic designations and not consider what might happen or might not happen, maybe a lot split and maybe not a lot split. By bringing all those other issues into play we are not sending a clear message to City Council. If the assessment score is adequate and we feel this is an important historic resource we should just send that message on. With Ordinance #48 we need to be isolating the resource from everything else around it. Brian said it is difficult to separate the issues when the incentive is tied to the historic character. 5 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 25, 2009 Jay pointed out that we have a score and it is defined and I feel it is worth making the applicant go to Council and we should ask council to make the attempt to negotiate something. Sarah said we are getting better clarity. We are not talking about the scale and the what if. We are talking about this building in its current state and how it relates to our adopted material. MOTION: Jay moved to recommend City Council negotiate designation for 411 Pearl Court. 411 Pearl Court is a good example of a rustic style pan abode as defined in our adopted context paper and given the integrity score of 79, it surpasses the minimum threshold; motion second by Ann. Motion carried S-0. Jim Curtis said he would volunteer and give input for assessments for pan abodes. Sarah said after Council has made their recommendation we could meet with Jim and go through the pan abode with the assessment score and all of could assess the property. 28 Smuggler Grove Road work session - no minutes Sara read the policies written by Jim True for a work session. MOTION: Jay moved to adjourn; second by Brian. All in favor, motion carried. Meeting adjourned at 7:00 p.m. Kathleen J. Strickland, Chief Deputy Clerk