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agenda.council.regular.20100412
CITY COUNCIL AGENDA April 12, 2010 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances a) Red Dust on Snow b) Proclamation -Colorado Architecture Month c) Proclamation -National Exercise is Medicine Month 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 #25, 2010 - 2010 Concrete Replacement Contract b) Resolution #26, 2010 -Jennie Adair Water Supply Contract c) Resolution #27, 2010 -Contract Western Colorado Preschool Cooperative d) Resolution #28, 2010 -Agreement with Aspen Consolidated Sanitation District e) Resolution #29, 2010 -Renewal of ARC Concessionaire Contract f) Resolution #30, 2010 -Wheeler Box Office Website Redesign g) Resolution #32, 2010 - EOTC 2010 '/z cent Sales & Use Tax Budget h) Minutes -March 22, 31, 2010 VII. First Reading of Ordinances a) Ordinance #9, 2010 -Miscellaneous Code Amendments P.H. 5/10 b) Ordinance #10, 2010 -Supplemental Appropriation P.H. 4/26 VIII. Public Hearings a) Resolution #31, 2010 -Expansion of Saturday Market Hyman b) Ordinance #7, 2010 - 301 W. Hyman Affordable Housing PUD c) Ordinance #8, 2010 -Code Amendment Exemption to Real Estate Transfer Tax IX. Information Items a) Mo-Mod-Mod X. Adjournment Next Regular Meeting April 26, 2010 COUNCIL'S ADOPTED GUIDELINES / Stick to top priorities / Foster a safe, supportive, innovative work environment that encourages creativity and acceptable risk-taking / Create structure and allow adequate time & resources for citizen processes Vta MEMORANDUM TO: Mayor and Council FROM : Shaun Rourke, Sr Eng Tech, Engineering Dept THRU: Tyler Christoff, Project Manager, Eng Dept Tricia Aragon, P.E., City Engineer DATE OF MEMO: Apri15, 2010 MEETING DATE: April 12, 2010 RE: 2010 Concrete Replacement and Pedestrian Improvement Project Contract Approval SUMMARY: Staff recommends council approve the concrete replacement and pedestrian improvement contract with Heyl, LLC in the amount of $389,230.00. DISCUSSION: The 2010 Concrete Replacement Project combines Tabor funded pedestrian improvements as well as Curb and Gutter improvements into one project. These capital improvements are part of an ongoing safety enhancement plan with the goal to develop and maintain safer pedestrian corridors in Aspen. Curb and gutter functions throughout the City to convey storm water, prevents, pavement deterioration and provides a safe and attractive pedestrian experience. The scope of the curb and gutter replacement corresponds with the scope of the Streets Department's pavement replacement (mill and overlay) project. As the streets deteriorate over time pavement is replaced. Along with the pavement, deteriorated curb and gutter is also replaced. This project aims to update this important City infrastructure as well as complete City Council directed Tabor projects. The 2010 Concrete Replacement Project was advertised for bid on March 1, 2010. Four Bids were received and opened on March 15, 2010. Bids were received from four Contractors as summarized below: Aspen Digger, Inc $469,772.50 Gould Construction, Inc $402,274.00 Heyl Construction, Inc $389,230.00. Lyon Construction, Inc $489,500.00 Heyl Construction Inc was identified by staff as the lowest qualified bidder. Heyl has submitted a bid of $389,230.OO.for the construction of the project. BACKGROUND: Heyl Construction, Inc has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that it is in the City's best interests to awazd the final construction contract to this vendor. FINANCIAL IMPLICATIONS: Funding 2010 Concrete Replacement Project Budget $400,000.00 Tabor Pedestrian Safety Fund $100,000.00 2009 Concrete Cann Forward $239.529.58 TOTAL $739,529.58 Expenditures Staff Project Planning 2009 $ 20,000.00 2009 Project Retainage $ 48,401.94 Heyl Construction Bid $310,734.30 2009 Remaining Scope Items $ 78,495.70 2010 CONSTRUCTION SUB TOTAL $389,230.00 Staff Project Management $ 58,000.00 Contingency $ 77,000.00 TOTAL $592,631.94 RECOMMENDATION: Staff recommends council approve the concrete replacement and pedestrian improvement contract with Heyl, LLC in the amount of $389,230.00. ATTACHMENT A -Contract with Heyl Construction ATTACHMENT B - Scope of Project Map PROPOSED MOTION: "I move to approve Resolution No. ~ ,Series of 2010." RESOLUTION #.~5 (Series of 2010) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND HEYL CONSTRUCTION, INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING 2010 CONCRETE REPLACEMENT AND PEDESTRIAN IMPROVEMENT PROJECT 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 Heyl 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 Heyl Construction, Inc regarding 2010 Concrete Replacement and Pedestrian improvement Project, 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 12, 2009 Kathryn S. Koch, City Clerk The CiN oTpapen CONTRACT FOR CONSTRUCTION Cilyilmorney3ptfice THIS AGREEMENT, made and entered into on April 12, 2010, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and HEYL CONSTRUCTION, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, 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: 2010 Concrete Replacement Project, 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 awarded 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: 1. 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 calendar 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 THREE HUNDRED EIGHTY NINE THOUSAND TWO HUNDRED THIRTY ($389,230.00) 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 Page 1 '*CCt Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 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. 7. 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. 11. 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. CC1-971.doc Page 2 "CC1 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. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: CITY OF ASPEN, COLORADO By; Title: APPROVED AS TO FORM: By: City Attorney CONTRACTOR: By. // Title: 1/l S~1G~/ 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. CC1-971.doc Page3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF /~lX~raeCcs ) ' ) SS. COUNTY OF On this l ~ day of /J%GV~ , 2010, before me appeared me first'duly sworn, did say that s/he is to me personally known, who, i of and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. .__ ~ otary Pub is _~ li.JlC 0 ~ . 33~ ,~ ~ ~j Address My commission expires: PAY ~~~Pk~i$$ICN F~~';~~5 9'~1~~~ CC1-971.doc Page 4 Cit of As en v p a 2010 Concrete Re lacement Pro'ect p J Curb and Gutter Replacement Map Curb and Gutter Replacement Area ~ ~ ~ ~ ~~ ~~. ~~- MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council Tyler A. Christoff, Project Manager April Barker, Stormwater Manager Trish Aragon, P.E., City Engineer Scott Miller, Capital Asset Manger ApCll 5`" 2010 April 12`h 2010 Vl b Jennie Adair Water Supply Project Construction Contract Approval REQUEST OF COUNCIL: Staff recommends council approve the Jennie Adair Water Supply Project Construction contract with Aspen Digger for the amount of $203,026.20. BACKGROUND: Jennie Adair wetlands needs consistent flow to maintain the life, function, operation, and appeazance of the wetlands. The best possible source for consistent flow near Jennie Adair wetlands is the Durant and Wheeler mine water that flows in the Mill Street Stormwater pipe. In addition, untreated Stormwater flows down the Mill Street pipe and dischazges directly into the Roaring Fork River. The purpose of this project is to construct a pipe system that would direct the base flow received from the Durant and Wheeler mine water in the Mill Street storm water pipe to the wetlands, providing a more consistent flow to the Jennie Adair wetlands. This pipe system has been designed to a capacity lazger than necessary for the mine flow, in order to take some Stormwater flow during storm events. Therefore a small portion of Stormwater flows that were previously discharging untreated into the river from the Mill Street pipe will be redirected and treated in the wetlands prior to discharge. The 18 inch pipe is designed to intersect the Mill Street Stormwater pipe neaz the intersection of Mill Street and Puppy Smith. This pipe will follow the south side of Puppy Smith until the intersection of the entrances to Clark's Market and the shops on the north side of Puppy Smith, at which point it will cut across and follow the north side of Puppy Smith until connection with the existing Stormwater pipe under Puppy Smith road. This pipe is approximately 300 lineaz feet and will take approximately 4-6 weeks to install. DISCUSSION: This Project was advertised for bid on March 1`" 2010. Five bids were received and opened on Mazch 17`h 2009. Page 1 of 3 Bids were received from four Contractors as summarized below: Aspen Digger $203,026.20 Gould Construction $247,119.00 Heyl Construction $266,822.00 Western Slope Utilities $302,709.00 Lyon Construction $387,458.00 Aspen Digger's bid of $203,026.20 was identified by staff as the lowest qualified bidder. They have experience in vazious City Right of Way infrastructure projects and have performed well in this capacity. Staff recommends that it is in the City's best interests to awazd the final construction contract to this vendor. FINANCIAL/BUDGET IMPACTS: Funding Stormwater Fund 160.94.82051.86000 - Jennie Adair Water Supply Project $300,000.00 Total $300,000.00 Expenditures Aspen Digger Base Bid $203,026.20 Staff Project Management $ 30,000.00 Contingency $ 40,074.80 Total $273,101.00 ENVIRONMENTAL IMPACTS: This project will improve stormwater quality by taking a small portion of stormwater flow from the Mill Street pipe to the Jennie Adair wetlands for treatment prior to dischazge. This project will also improve the health of the wetlands and extend the life and operation of the wetlands. Sediment control measures will be installed, monitored, and maintained to City standards during the construction of this project. RECOMMENDED ACTION: Staff recommends council approve the Jennie Adair Water Supply Project Construction contract with Aspen Digger for the amount of $203,026.20. PROPOSED MOTION: I move to approve Resolution # ~~ Page 2 of 3 ATTACHMENTS: Attacltement A -- Contract for Construction (Aspen Digger) Page 3 of 3 RESOLUTION # ~~ (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN DIGGER,INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING JENNIE ADAIR WATER SUPPLY PROJECT 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 Aspen Digger, 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 Aspen Digger, Inc regarding Jennie Adair Water Supply Project, 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 12~h 2010 Kathryn S. Koch, City Clerk 04/05/2010 01;40pm ASPEN DIGGER 9107049633 f691 Page 01/04 IIt814~rlraw CONTRACT FOR CONSTRUCTION Casr~erS11~ THIS AGREEMENT, made and entered Into on Ylonday. April 5. 20'~Q, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Aswan Diaaer. Inc. ,hereinafter called the "Contractor". WHEREAS,' the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work hereln 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; Jennie Adair Wabr Suaoly Protect, and, WHEREAS, the Contrecbor, 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 Invkatian for Bids; and, WHEREAS, the City, in the manner pn3scribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a resuk of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contrail 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 wfthin seven m consecutive calendar 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 ac,~COrdance wkh appropriate provisions in the Contract Documents. 4. The Contactor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Two Hundred and Three Thousand Twenty 31x Dollars and TWrlnty Cent (;203,026.201 DOLLARS Or as shown on the BID proposal. 5. The tern "Contract Documents" means and indudes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and In the CCt-871. Papo 1 "CCt 04/05/2010 01:41 pm ASPEN DIGGER 9107D49633 1591 Page 02/04 Spedal Conditons. The Contract Documents are included herein by this reference and made a part hereof as ff fully set forth here. 8. 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. 7. 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, thb Contract For Constructon shall be subject to the City of Aspen Procurement Code, Title 4 of ttte 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) folfowing a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official In hislher absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and tie binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, aeslgns, and legal representatives. Nefther the C1ty nor the Contrector shall have the right to assign, trensfer 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 Cfty may assign this Contract For Construction In accordance with the specific written consent, any rights to dalm 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 qe construed, or operate as, a waiver of any subsequent default of any of the terms, covenants ar conditons herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Cobredo 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 Constnictlon, the prevailing party shall be entitled to its vests 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. CC1.971.doc Paps 2 "CC1 04/05/2010 01 :41 pm ASPEN DIGGER 9101049633 A597 Page 03/04 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represerrts 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. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date firet above written. ATTESTED BY: RECOMMENbED FOR APPROVAL: City Engineering Department CITY OF ASPEN, COLORADO gy, Title: APPROVED AS TO FORM: By: City Attorney ATTESTED BY: i ~' ~' CONTRACTOR: By: T~ 'G Title: FR/+NZ ~ S ~on~t , "S~~ '~RES,of,~rr Note; Certification of Incorporation shall be executed li Contractor is a Corporation, If a partnership, the Contract shall be signed by a Principal and ind~ate title. CC1-97t.doc Paps " Ct 04/05/2010 01:41 pm ASPEN DIGGER 9701049633 1591 Page 04/04 CERTIFICATE OF INCORPORATION (To be completed ff Contractor is a Corporation) STATE OF G='~-QR/tDO t SS, COUNTY OF _C.~Ri~ ~ ~ L D ) .M 20 On this tJ day of ~T~,14 ,~~~ ,baton me appeared r ~ r Uiv c , to me personally known, who, being y me first di+ly swum, did say that slhe is ~R1;5i DcN! of I G and that the seal affixed to Bald instrument is the corpgrate seal of said corporation, and that said instrument was signed and sealed In behalf of saki 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. YAI~BIN~L STONE Sqb of CObr~1o My commission expires: D 2 O Z CC1.971,doc ~ ••CC1 loop 8~. RiA6F I~p. .. u- C~ bxr Address 04/05/2010 01:44pm ASPEN DIGGER 9101049633 N598 Page Ol/03 Certification and Sunnlemental Conditions to Contract for Services - Conformance with &5-17.5101. et sea ut~Qgg. During the 2006 Colorado legislative session, the Legislature passed House Bill Od-1343 that added a new article 17.5 to Titie 8 of the Colorado Revised Statutes entitled "Rlegal Aliens - Publio Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to wmply with the requirements of thls new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be exewted by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Dasic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congers, as amended, and expanded in Public Law I56, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement maybe called, between file City of Aspen and a Contractor for the procurement of services. It specifically means the contract or ageement referenced below. "Services" means the flrrnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or oontraet with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. 04/05/2010 01:44pm ASPEN DIGGER 9101049633 t:598 Page 02/03 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 perfiorm work under the Public Contract for Servic~.w. 2. ContracWr 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 (S) days of the date of the Public Contract. Contractor shall continue to apply to participate in ffie Federal Bes1c Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor 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 Progam is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of jnb 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 ouch subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subwntractor is employing or contracting with an illegal alien; and (ii) Terminate tbe subcontract with the subcontractor if within throe 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 fnr 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 rho Colorado Deparument of Labor and Employment 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 8-17.5-102, C.RS. the City of Aspen may terminate rho 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. 04/05/2010 01:44pm ASPEN DIGGER 9101049633 Public Contract for Services: ~~AJ I G ~i73 Contractor: ~~ /,~ (C ~: f~G " By: ~~,~~' ' ~ Title: "j,- ~ ~ N598 Page 03/03 JPW- saved: 9/4/2009-867-M:\clty\cityattylcontract\fomislcertification - hb-06-1343.doc BID PROPOSAL FORM Project No. BID DATE: 2010-015 March 15, 2010 PROJECT: Jennie Adair Water Supply Project PROPOSAL SUBMITTED BY: ,9CCJP.~1 ~i CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The unde rsigned r esponsible bi dder de dazes a nd s tipulates t hat t his pr oposal i s m ode i n good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (601 consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will betaken by the C ity of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City hall not pay the Contractor for defective work and/or for repairs or additiona] work required for successful completion of the project. A 11 work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the v azious i terns of work. P vices s hall i nclude a Il c osts i n c onnection with furnishing the proper and success completion of t he w ork, i ncluding f urnishing a Il m aterials,equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. S uch work product must be removed immediately and replaced properly at no cost to the City. All qua ntities s tipulated in the bid form at unit pri ces ar e appr oximate and are t o be us ed only as a ba sis f or estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. 1 hereby acknowledge receipt of ADDENDUM(s) numbered V through ~ BP1-971.doc 'BPt a e 1 Contractors Initials ESTIMATED OUANTITYLIST No. Item Quantity Unit Unit Price Extended S ec Sec. 1 Construction Staking 1 LS / ~ 2 ~ ~~ J 106 2 Materials Testing 1 LS Q7 93 ' 106 , 1 3 Removal of Curb and Gutter 120 LF ~ l~' 98~, y0 202 , 4 Removal of Asphalt (Milling 2" 788 SY 2 ygoi 3 202 Dee , 5 Removal of Asphalt (Trench) 344 SY 38 6 2/~/y ~2 202 . . 6 Removal of Concrete 84 SY nn /~ ~~.^^ 77 Z 202 . V tel. T Rock Excavation 1 DAY /~ /~ 203 8 Grading and Sod/Seed Restoration 210 SY / ~S (7 133 50 / 203 , J , J 9 Silt Fence 132 LF ~~ ~~ Z 208 . ~ 8 Curb Sock (4") I S EA ~ ~ ~ ~~ 11 Trench Patch Asphalt (5") 344 SY ~ ~ 84 t 96 ~ 401 j . 12 Asphalt Overlay (2") 788 SY / Z 8s / ~ /~ 401 / . 13 4' Dia. Storm Manhole 4 EA 403 y 5'0 ? Oo 6 3 604 b 14 Diversion Structure 1 LS !!-- /~ 2 J`~ 604 .~. 15 Concrete Sidewalk 20 SY ~~ /S / ~ 7 3 6os c . 16 Colored Concrete Trail 64 SY 56 yy l2 ~~ 6os . 17 Detectible Warning Ramp Embed 1 EA yy6 6os . 18 Curb and Gutter 120 LF 2 / ~ ~ ~ / 'fin 609 b W L9 Mobilization 1 LS ~ ~ 626 - 20 Traffic Control 1 LS /6 ~ ~~ ~~ 713 • • 21 l8-Inch Class III RCP 570 LF 6Z /8~ 4~ ~3 ~2 3 2610 • . 22 18-Inch RCP Single Miter Bend I EA ? ~/ ~ 2610 ' O J 23 Connect to Existing 2 EA z61a //8 s 23~,~ 24 Unclassified Excavation and Backfill 30 CY ~D 3 3 l/31 ~ zsoo . , BPi-971.tloc 'BP1 age 2 Contractor's Initials Total Asia >teroe i - za> 20 3, 02 6. z o ~ Total Bid in Words: Two }}tWpRiD PrND-(FV~F.f T}tOkSANDfwf=iJ1-`/ SI 1C DOLLARS fYND TuIENT`{ Ctn/TS I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Full name signature: Title: p(~°S.~Eet Company address: ~8~ ~n/ OOHS S'oon~c /fir-Enve ~ar6on~le C~ ~/~23 Telephone number: e/i~ e/~3 215 Fax number: t/~0 ~D~/ 4033 Attested by: l1~i R Subcontractor & Material Supplier List Name: `!Q~/I7 ConSl~~cT,'py~ ,Phone#: yt~`~g23-23q`7' Address: /, c7 Qokt7 ~ 3 lr/ooc` L(P/ ~ ~o%rG~o d/(S~ Service or Product: /'atii^rr 1 /~ Name: ~~ Ge-9 %~rh ,Phone #: g~s ~q~ Address: 50 2 ~ Service orPro1duct /r([c~2r~4,~S 7eS~^~- Name: rs~~/~C r~dUorkS / / ,Phone#: ~0-9y11-~~~ Address: SZ S /-a.SRO ~I.LC Co./poao(a~ ~0 ~~~ 3 Service or Product: GC~nr,! Jcaa~r Name: YO/f ~/aN ~a Jae ~7 3 ~~br' Address: ~~• ~i 0x ~~~~ t~xa-.a~ 3~nc~~` Service or Product: T(rl~~ Conf/o~ 8P1-971.tloc 'BP7 Phone #: Z age 3 Contractors Initials Name: / / /0/p~+[rn ~r. ~~eN ~~/~ /GrM/-r~~'4~ Ti'1C. ,Phone #: ~~fl"Zy5' IY90 Address: 6~s fi Z ~'yy Ra,o~ (rr¢no~ ,TvnG~+avt C~ ~~StJ`6 Service or Product: {Y7illhrr Name: Clfr~+~L ,/lfin~TiDn /'//~C' '/ Sy/op~y W/rl~k'vn~ ,Phone #: y~ q63- 5 ~~ Address: ~ ~ l't u'v ~.3.3 (~ fir6o~~ ~~~ ~/~Z 3 Service or Product RcP ~~~ ~ a>~d•'~" ~'cc-,~T BP1-971.000 'BP1 age 4 Contractors Initials AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2010-015 The unde rsigned c ontractor ha s r ead a c opy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further a cknowledges he /she unde rstands a nd a grew t o a 11 t erms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest:Il~%~ ~~%~~ Corporate Seal f't~Enf ~iUC,~~ INC. Contractor By: ~ r~~~ STATE OF COLORADO ) SS. COUNTY ~-7A,1~^FIC~-p ) Before me I v 1U.1G1 ~n L • ~~D/! e. , a notary public and for G~~~,eL~ County, Colorado personally appeared J-r~iv7z T .S'jpn~, ~ known to me personally to be the person(s) whose signature(s) in my presence this ~Sm day of IVICG~'Gh , A.D. 2010. My commission expires: /0// $/2 0 /2 (Seal) Y` IIA181f1 l STOVE No1My PYONe SbNt W CWOraAo .4CI-941.dac `AC7 MEMORANDUM TO: Mayor and City Council Steve Barwick, City Manager FROM: Shirley Ritter, Director Kids First THRU: Barry Crook, Assistant City Manager DATE: March 8, 2010 MEETING DATE: SUBJECT: THE CITY-0F ASPEN ~~ G Contract with the Western Colorado Preschool Cooperative SUMMARY: The purpose of this memo is to seek approval for a contract between the City of Aspen (Kids First) and the Western Colorado Preschool Cooperative for third party, back-office services to three Pitkin County childcare programs, to total $39,325. PREVIOUS COUNCIL ACTION: None BACKGROUND: Kids First has considered the idea of back office shared services for chi]dcaee programs for several yeazs as a means of helping programs improve the quality of administrative services, run more efficiently, and serve families more effectively. Unlike a public school system, childcare programs consist of many, small, independent organizations; some non-profit and some for- profit. Each program having to provide many of the same administrative services such as accounts receivable, accounts payable, human resource functions, enrollment etc. It is often the case that the director does these tasks in addition to program duties; despite the fact that there is little education or preparation for this role. These are also roles that do not necessarily need to happen at the childcaze site. The concept is easily understood, however the steps to achieve a cohesive system, the expertise, and the capacity have not been something that Kids First has been able to undertake. The Western Colorado Early Childhood Cooperative (Coop) was created by the Aspen Community Foundation and Manaus Fund for this specific purpose. Their mission is to strengthen and expand the early childhood administrative services from Pazachute to Aspen. Working regionally, the Coop will collaborate with existing agencies to increase quality through shazed financial and management services. They chose 5 childcare programs to be their pilot group, the Early Learning Center being one of these programs. This contact would add 3 additional programs in Pitkin County to this group. The model for this work is to provide these services for no chazge to the childcaze program for the first year, allowing them to realize savings in current staffing, outside accounting and payroll costs, or to make better use of the director's time by allowing her to be in the classrooms. For example at the Early Learning Center, an administrative position that performed these business functions left and that position was not filled, and they no longer contract with a part time accountant; realizing significant savings. Kids First has identified 3 additional childcare programs that will benefit in much the same manner. This contract will use our funding for these 3 programs for the first year; then the programs will begin to pay for the back-office services, but for what we anticipate will be more service, and higher quality of service, for less cost. Kids First will contract for these services for one year only. The start-up cost includes softwaze that will allow automation of many of the functions still done either by hand or in various spreadsheets. This new softwaze also ties directly to Quick Books, used universally, so that for example enrollment information populates the billing and recognizes the payments. This happens for both the clients and the staff, and includes a swipe card system to track days and times the children attend. There is also substantial cost initially to systematize record keeping and bookkeeping so that the reports contain accurate data. The financial part of the shared services is being implemented first in order to save childcare programs money. There are many other azeas that will be put in place, and that Kids First will have in, as this concept gets more fully rolled out. It could include human resource management, collective buying, collective fund-raising, health insurance and other benefits, marketing and enrollment, family supports, shazed staff, trainings, and collections. This has been the biggest trend happening nationwide for the past 5 yeazs or so; it seems with economic pressures that many childcare programs are seeing this as the time to look much more closely at this new model. ENVIRONMENTAL IMPACTS: We anticipate a small but positive impact here is saved trips, saved postage and using electronic methods of payment. FINANCIAL IMPLICATIONS: Kids First staff intends to use $39,325 of our carry forward savings in our 2010 budget to fund this contract. It would leave additional funds still in savings, and would not require a budget amendment. Kids First Advisory Boazd approved this use of funds as a community benefit at their August 12, 2009 meeting. It is a one yeaz contract and would only happen in future years if the budget allows Kids First to have more programs participate. It is anticipated that this will reduce overall financial needs coming to Kids First from the childcare programs by creating efficiencies. Kids First Advisory Boazd considers this a good use of carry-forwazd savings as a benefit to the childcare programs and the families they serve. This contract will not impact future year's budgets. RECOMMENDATION: Kids First Advisory Boazd recommends approval for the contract between the City of Aspen (Kids First) and the Western Colorado Preschool Cooperative for third party, back- office services to Pitkin County childcare programs, to total $39,325. ALTERNATIVES: This work can begin as soon as the resolution is approved and the contract signed. There is no timing concern other than the fact that the sooner this can happen in these 3 childcaze programs, the sooner they will realize benefits. This will not impact other projects or services provided by KidsFirst. If Council does not want to approve this recommendation, the carry forwazd savings will not be used in this way and childcaze programs will. continue to operate as in the past. Kids First would continue to pursue this concept and determine if any other methods would be viable and sustainable. PROPOSED MOTION: "I move to approve resolution #~.-~-- ,series of 2010 to authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen." CITY MANAGER C~~~IENT `p''`'Q ~~.p~ ~ '(tee C'~.4-+..~ e4 ~N~- ATTACHMENTS: ~~~~,~ ",~ ~~ ~~'~`~- A -Resolution # ~ Series of 2010 B - Contract for professional services RESOLUTION #~ (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE WESTERN COLORADO PRESCHOOL COOPERATIVE LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING EARLY CHILDHOOD SHARED SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and the Western Colorado Preschool Cooperative, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Western Colorado Preschool Cooperative regarding early childhood shared services for the city of Aspen, 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 , 2010. Kathryn S. Koch, City Clerk }~5y. .. ~.y Jp~ ,~i ~ ~tt~s CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 PROFESSIONAL SERVICES City of Aspen Project No.: 2009-075. AGREEMENT made as of 21 st day of December, in the year 2009. BETWEEN the City: The City of Aspen c/o Kids Fast 130 South Galena Street Aspen, Colorado 81611 Phone: (970)920-5055 Contract Amount: Total: $39,325 And the Professional: Elaine Grossman Western Colorado Preschool Cooperative LLC PO Box 301 Basalt, CO 81621 For the Following Project: If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. CiN Council Aooroval: Date: Resolution No.: Early Childhood Shared Services Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Hourly Fee Schedule. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scone of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. 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 mutually agreed upon. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for 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. 4. Non-Assienability. Both parties recognize that this Agreement 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. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Temunation of Professional Services. The Professional or the City may temtinate the Professional Services component of 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 temunation. Upon any temunation, all finished or unfmished 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 Professional Services Page 1 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. 7. Independent Contractor Status. It is expressly acknowledged and undetstood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment inswance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and 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. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, inswers, and self-inswance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or 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, en•or, 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 fmal judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procwe and maintain, at its own expense, a policy or policies of inswance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pwsuant to Section 8 above. Such inswance shall be in addition to any other inswance requirements imposed by this contract or by law. The Professional Agreement Professional Services Page 2 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 FNE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractots, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,OOQ000.00) each occurrence 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 severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (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 carried by or Agreement Professional Services Page 3 provided through any insurance pool of the City, shall be excess and not contributory inswance to that provided by Professional. No additional inswed 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 inswance provided by the City shall be completed by the Professional's inswance agent as evidence that policies providing the required coverages, conditions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this wntract and shall provide that the wverages afforded under the policies shall not be canceled, temunated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failwe on the part of the Professional to procwe or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately temrinate this contract, or at its discretion City may procwe or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Fmfessional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA 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. 11. Comnleteness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Agreement Professional Services Page 4 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written wnsent of the City, and forbeazance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, wvenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbeazance or indulgence. 15. Execution of Agreement by Ciri. 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. 16. illegal Aliens -CRS 8-17.5-101 & 24-76.5-101 (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly 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 aze incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. Agreement Professional Services Page 5 "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 aze 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 Contract. Professional 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 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 anew employee who is an illegal alien, Professional shall: Agreement Professional Services Page 6 (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 ofthe 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. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional 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 Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standazd, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for Agreement Professional Services Page 7 ruling, determination, claim or controversy, or other particulaz matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional 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. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year aze 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 availability of those funds for payment pursuant to the terms of this Agreement. 18. 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 rime 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. Agreement Professional Services Page 8 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Ageement in three copies each of which shall be deemed an original on the date first written above. CITY F A EN, CO`~LORA~DO~: [Sigrenue] S-~~„ ~ ~~w~~~ By: ~ [Name] Title: ~'i~y /`7~gpi• Date: ~--~3~~D Approved as to form: ~~ zaJ~d ney's Office PROFESSIONAL: -~ By: Mo~U~~, M~ Ir,i~re [N ] Title: ~Xt7J~1'~C I,irPLfZr Date: ~ ' Z Agreement Professional Services 'Page 9 EXHIBIT A Scone of Work Deliverable: The Western Colorado Preschool Cooperative, LLC will provide the technical and professional services, and softwaze and hazdware necessary for three Pitkin County early childhood progams to participate in a pilot study of shazed services. The business model of shazed services has been designed to increase the financial stability and management of individual programs, decrease costs of administration and increase resources for program quality. An operational system of remote administration has been designed to reduce travel time and costs. PHASE I: ASSF_SSM BNT OF FINANCdAL RFCOR DS Goal: Establish a True Cost of child care services In order for program directors and boards to be make informed decisions about policies and rates, and to build a realistic operating budget, they must have accurate financial information, based upon actual data. The recommended approach is to work in "classes" on an accrual basis. A standard format and process has been developed and approved by Kid's First. Steps: Review a copy of QuickBooks files to ascertain the status for: Chart of accounts Accounting practices Account balances Prepare a memo of questions and review with executive director and/or treasurer/bookkeeper (one hour) Correct issues (time will vary) Set up true cost worksheets (4 hours) Work with center on analyzing costs Work with board and E.D. on setting budget The number of hours needed for each program will depend upon their individual situation. Work will be billed at $55/hour. Estimate a maximum of to $2,750 per center, once past and current financials are in good order. This amount assumes the cleanup work needed. An additional $2,200 is budgeted for non-pilot centers covered in this pilot, referred by Kid's First to complete a true cost analysis with their bookkeeper, treasurer and Executive Director. Agreement Professional Services Page 10 Timeline: Within one month (once The Co-op receives a working copy of each center's QuickBooks and the required list of data points required for the True Cost analysis). Center will receive written list of issues and The Co-op will correct within one month of meeting with the center and will prepare the true cost worksheet. Subtotal: $10,450 PHASE ~: AUTOMATE GfIILD CARE MANAGEMEN'T' PtiNCTIONS VIA EZCAREZ SOFTWARE. Goal: To decrease the amount of time and expense on routine front and back office functions such as: wait list management, payroll, attendance, billing, enrollment, communication with parents, enrollment capacity, staffing efficiencies Steps: Site visit to ascertain location and capacity of software and hazdwaze Bid work to be done Configure remote access for QuickBooks and EZCare2 with Co-op administrators Schedule EZC2 webinaz trainings Customize EZC2 software with each center-requires two rounds of review by center. Provide on-site training on use of EZC2 Set up time clock module and test Set up billing module and test Provide oversight to centers as they enter data Timeline: Two-three months. Estimate staff, software and hardware costs to be @ $3,300- $5,500 per center Subtotal: $16,500 PHASE 3' ASSUMPTION OP BANKING PAYROI l AND BOOKKEEPING FUNCTIONS Steps: As phases one and two aze achieved, QuickBooks and EZCaze2 will be linked and The Co-op will assume full responsibility for all bookkeeping activities, including: banking, payroll, billing, A/P, A/R, monthly financial reporting, bank reconciliations. o Integrate QB and EZC2 once data input completed by the center o Support center in Introducing parents to new payment procedures o Bring online all tuition billing, payroll, banking and accounting services o Produce monthly financials for board review Timeline: On going. Estimate 10 hours/month/center, or $550/month. Maximum amount to depend upon completion of previous steps. Estimate 6 months for three centers at $9,900 Agreement Professional Services Page 11 Subtotal: $9,900 pFIASI= ~: HG~9AN RESOORCISS Goal: To increase benefits to eazly child care personnel while reducing costs in health care insurance premiums and other insurance premiums Steps: Collect data on employee census and all benefits Design HR plan that maximizes the use of all available options such as HSA and HRA Review current health care insurance and design a strategy to offset large premium increases Timeline: Two months, services billed at $55/hour Maximum to be $825/program Subtotal: $2,475 Total: $39,325 Rollout: The Co-op will bring one center on at a time, depending upon the readiness of the organization. We will take each program through each phase and will have all three programs complete within one year of start of contract. Agreement Professional Services Page 12 EXHIBIT B Fee Schedule Phase 1: Assessment of financial records Phase 2: Automate child care management functions via EZCare2 software Phase 3: Assumption of Banking, Payroll and Bookkeeping Functions Phase 4: Human Resources Salary Schedule Karen Crepps $55.00/hour Karla Jacobs: $55.00/hour Elaine Grossman $82.50/hour $10,450.00 $16,500.00 $9,900.00 $2,475.00 Total: $39,325 Agreement Professional Services Page 13 v~ MEMORANDUM TO: Mayor and City Council FROM: Andy Rossello, Utility Engineer THRU: Phil Overeynder, Utilities Director DATE OF MEMO: Apri15, 2010 MEETING DATE: April 12, 2010 RE: Execution of Memorandum of Agreement (MOA) with Aspen Consolidated Sanitation District (ACSD) for a Supplemental Environmental Project (S.E.P.). REQUEST OF COUNCIL: Staff requests approval of the MOA with ACSD to offset fines from The Colorado Department of Public Health and Environment (CDPHE) associated with a Caustic Soda release in 2007. This MOA allows the city to construct an S.E.P. rather than paying the fine directly. PREVIOUS COUNCIL ACTION: Council has agreed for the release of funds to pay for the clean-up associated with the release, This MOA allows the City to construct a S.E.P. to offset CDPHE's fines. BACKGROUND: On November 27`h, 2007 1500 Gallons of Sodium Hydroxide (Caustic Soda) was released slowly to ACSD. This sort of release had been facilitated before to the mutual benefit of both the Cities Water Treatment Plant and ACSD facilities. The previous release has cleaned and scoured sanitary sewer lines and allowed the Water Treatment Plant to discharge the caustic soda used in the treatment process. The Water Treatment Plant began its discharge at 10:15 AM at a release rate of 7.0 Gal./min. Throughout the early part of the day the concentration levels of caustic soda raised in the wastewater plant at an allowable rate. At around 2 P.M. the concentration levels jumped to an unacceptable level for reasons unknown. The city immediately stopped the controlled release while levels at ACSD facilities continued to rise. In the aftermath of the release, ACSD released to the Roaring Fork River higher PH levels than what CDPHE considers acceptable treatment standards. ACSD experienced damage to its treatment facilities as a result of the planned caustic soda release. ACSD is requesting that the city provide for reimbursement of expenses incurred at the districts treatment facility. The Water Department has come up with a cost sharing plan to offset CDPHE's fine. DISCUSSION: The city's decision to switch from dangerous chlorine gas to less harmful liquid chlorine bleach in water treatment included the removal of the chlorine scrubber which uses Page I of 2 caustic soda to neutralize a chlorine gas release. When the scrubber was removed to make room for liquid bleach storage the caustic soda remaining was to be disposed o£ At the time there were three options for disposal of caustic soda. It could be shipped off-site at a cost of $11,358 it could be sold to another facility (there were no buyers at that time), or it could be slowly released to the sanitary sewer, for dilution over the 3+ miles of pipe to the Wastewater Treatment Plant. The City had asked for, and received, permission for the discharge, the city had used this same method in 2003 without any deleterious effects on ACSD's treatment plant. FINANCIAL/BUDGET IMPACTS: The City has already paid $86,808 for the cleanup associated with the Caustic Soda release. The City will construct a recycle re-use line with funds that otherwise would be used to pay a $44,617 fine. The city will invest monies already appropriated for the re-use/reclamation project in the amount of $72,676 to complete this project. Since these funds are already appropriated there is no further additional financial impact. CURRENT ISSUES: Council has approved staffs recommendation to release funds to pay for direct damages to ACSD treatment facilities however it still leaves unresolved responsibility for fines assessed by CDPHE for "treatment violations." The current proposal from ACSD and the city is to present a S.E.P. acceptable to CDPHE that will enhance the local environment of the Roaring Fork River. Staff is currently working with CDPHE, to use funds from additional fines in the amount of $44,617, proposed to come from City appropriations for The City of Aspens recycle re-use water line. ENVIRONMENTAL IMPACTS: Environmental impacts include offsetting any environmental damages caused by the initial release and clean-up. The re-use line, upon completion, will allow for ground application of treated wastewater to remove emerging contaminants, as well as allow for Geothermal heating and cooling of the Burlingame Subdivision. RECOMMENDED ACTION: We request the council approve and execute the Memorandum of Agreement with ACSD. ALTERNATIVES: The alternative would be to pay CDPHE the $44,617 which the City could not recoup, or put towards a beneficial project. PROPOSED MOTION: I move to approve Resolution # CITY MANAGER ~YI~I.~, ATTACHMENTS: A. Memorandum of Agreement Page 2 of 2 RESOLUTION #'~ (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN CONSOLIDATED SANITATION DISTRICT SETTING FORTH THE TERMS AND CONDITIONS REGARDING SUPPLEMENTAL ENVIRONMENTAL PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and the Aspen Consolidated Sanitation District, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and the Aspen Consolidated Sanitation District, regarding the supplemental environmental project, 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 12, 2010. Kathryn S. Koch, City Clerk MEMORANDUM OF AGREEMENT Between the City of Aspen and Aspen Consolidated Sanitation District THIS MEMORANDUM OF AGREEMENT entered into at Aspen, Colorado this Day of , 2010, by and between the CITY OF ASPEN, COLORADO, municipal corporation and home-rule city (hereinafter "City") and THE ASPEN CONSOLIDATED SANITATION DISTRICT, aquasi-municipal corporation (hereinafter "ACSD"). WITNESSETH: WHEREAS, ACSD is liable for civil penalties in the amount of $44,617 payable to the Colorado Department of Public Health and Environment (CDPHE) for past discharge permit violations; and WHEREAS, CDPHE policy allows and encourages the completion of supplemental environmental projects (SEP) in lieu of payment of such civil penalties; and WHEREAS, the City of Aspen would like to begin constructing a water reuse project which would ultimately be capable of supplying ACSD treated wastewater effluent for irrigation of City properties such as the City golf course and other areas; and WHEREAS, the City and ACSD propose to complete the first step of the water reuse project by completing the pump station improvements needed to supply the reuse distribution system (which is proposed as the SEP to CDPHE); and WHEREAS, the potential public benefit from completing the SEP at an estimated cost of $95,000 (and later completing the water reuse system distribution system) would far outweigh the public benefit of paying the civil penalty and also far exceed the requirements of CDPHE's SEP policy. NOW, THEREFORE, the parties hereto agree as follows with respect to the SEP proposed and with respect to the completion of the ultimate water reuse system: I. Terms of Construction Timing and Costs The District and City will complete the first phase of the City water reuse project by the end of the construction season 2010. The first phase will consist of the installing the pump systems needed to supply the City water reuse distribution system. The estimated cost of this phase is $95,000. The City and District have agreed to the amount of ACSD's contribution to this cost. All additional costs will be covered by the City. This would comprise the entire SEP. The improvements completed would be dedicated and deeded over to the City for operation and maintenance. 2. The City shall use its best efforts to complete, at a minimum, enough water reuse distribution system, during the 2011 construction season, to make the water reuse system functional. The City will complete this part of the water reuse project at its sole expense. In the event that unforeseen financial circumstances arise this aspect of the water reuse project would be completed as soon as financial circumstance allow. The City guarantees that the distribution system will be completed. 3. ACSD promises to work in concert with the City throughout the completion of the entire reuse project and beyond in order to make its treated wastewater consistently available for the purpose of reuse. WHEREFORE, the parties, through their duly authorized representatives, have executed this Memorandum of Agreement upon the dates as set forth herein. THE CITY OF ASPEN By: ASPEN CONSOLIDATED SANITATION DISTRICT By: Vl e MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR MEETING DATE: APRIL 12, 2010 RE: RENEWAL OF ARC CONCESSION AGREEMENT DATE: MARCH 30, 2010 Summary: Staff is requesting the approval of the attached Lease Agreement with Future Champs LLC for the operation of the Aspen Recreation Center concession. In July of 2008, Inna Samokhina; owner of Future Champs LLC, was assigned the final two years of an agreement with ZG Holdings of Aspen. Inna has performed admirably over this short period in that complaints have been nonexistent during this period, a favorable selection of products has been offered at fair prices, and she has worked closely with user groups. Prior to the operations of Inna and Future Champs, staff received many complaints on a regular basis about each of the two previous operators. Background: Upon opening in 2003 ARC had an initial agreement with an operator based at Highlands. Once they closed the business at Highlands they chase not to continue their relationship or lease to operate the ARC concession. In 2005 another operator based at Highlands chose to take over the concession operations, but after 3 years they too chose to discontinue the operations and assign the agreement to Inna Samokhina. Inna took over the operation as her primary source of income and operates the concession herself. As mentioned previously, complaints have gone away and users are happy in how she works with them. Having an owner/operator seems to be the best method and Inna fits the need. Financial Impact: In this economy staff has kept the rent consistent with the past agreement. The 3% of gross sales to the City works well for Inna such that she can make money and at the same time generates a revenue steam for the ARC in the amount of about $3,000 annually. In addition Inna pays $100 per month for a prorated portion of utilities. Originally in the agreement when the ARC opened in 2003 the agreement asked for 5% of the gross sales and staff found that amount tobprohibitive in the operator being successful. In this economy when the Inna is seeing a lower gross sales, the 3% works and allows her to keep operating successfully and the ARC to have a concession operations which is appreciated by patrons. Recommendation: Staff recommends the approval of the attached agreement with Future Champs LLC as they have a proven track record of providing the service, selection, and pricing acceptable to patrons and ARC operations. Alternatives: Staff could bid the operation out to see what other parties may be interested, but have found little interest in the past through a bidding process. The current operator meets the needs of the ARC concession operation and the old adage of "if it ain't broke, don't fix it", certainly applies here. Or, staff could take over the operation themselves and try to squeeze a few more dollars in revenue from the operations. This seems to be out of the scope of work that employees of the ARC are knowledgeable in and could lead to increased costs. Manager's Comments: Attachment: • Agreement for operations with Future Champs LLC • Proof oflnsurance RESOLUTION NO. Series of 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE AGREEMENT, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there exists between the City of Aspen and FUTURE CHAMPS LLC; a mutual interest in providing concession operations to the Aspen Recreation Center which would provide food service to the facility; 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 this Lease Agreement for the concession operation to the facility; and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of April , 2010. 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 H:~My Documents~Resolution.doc Aspen Recreation Center Concession Facility Page 1 LEASE AGREEMENT CONCESSION FACILITY AT ASPEN RECREATION CENTER THIS LEASE AGREEMENT is made and entered into this 12°d day of Anril , 2010 by and between The City of Aspen, 130 South Galena Street, Aspen, Colorado 81611 ("Landlord") and Future Champs of Aspen, LLC whose address is P.O. Box 4121, Asuen, Colorado 81612("Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of the real property and all of the improvements thereon, known as the Aspen Recreation Center, Iselin Park, and Rotary Park located in Pitkin County, Colorado and described on Exhibit A attached hereto and incorporated herein by this reference; and, WHEREAS, Landlord desires to lease a certain portion of the Aspen Recreation Center, consisting of approximately 299 square feet of concession space (including a kitchen area), as more specifically described in Exhibit A attached hereto and incorporated herein and referred to herein as the "premises" or the "lease premises", in accordance with the terms and conditions contained in this Lease Agreement; and, WHEREAS, Tenant desires to lease from Landlord the lease premises in accordance with the terms and conditions contained in this Lease Agreement. NOW, THEREFORE, for and in consideration of the payments to be made hereunder, and in further consideration of the terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Lease of Premises. Landlord does hereby rent to Tenant the following described premises, subject to the covenants and conditions hereinafter contained, to wit: (a) That portion of the Aspen Recreation Center, Pitkin County, Colorado, delineated and outlined in red on Exhibit A attached hereto and incorporated herein, with a street address of 0895 Maroon Creek Road, constituting approximately 299 square feet of concession space; and (b) The right to vend upon Iselin Park and Rotary Park from a movable cart; and/or acceptable Bar B-Q apparatus approved by the Environmental Health Department. (c) The right to place furniture in an area adjacent to the concession space to serve customers; provided, however, that Landlord grants prior Aspen Recreation Center Concession Facility Page 2 written approval to the location of the furniture and the type and design of the furniture. for the term, at the rents, and upon the conditions and covenants hereinafter set forth. Taking possession of the lease premises by Tenant shall constitute acknowledgment that such premises are in good condition and neither the City of Aspen nor Landlord shall be required to make any alterations thereto, unless agreed to in advance and in writing by Landlord. 2. Term. (a) Unless sooner terminated, as provided herein, the initial term of this Lease Agreement shall be for a period of five (5) yeazs (the "Initial Term"). The Initial Term shall commence at 12:00 noon on April 13, 2010 and shall expire at 12:00 noon five calendar years later. A Lease Year shall be a calendar yeaz starting on the commencement date of the Initial Term through 12:00 noon of the following calendar year and each calendar year thereafter. Tenant's occupancy of the Leased Premises shall be limited by paragraph 5, below. If Tenant is not in default of the terms of this Agreement during the Initial Term, Tenant shall have the right to renew this Agreement for an additional period of five years. Renewal discussion shall commence no later than six months prior to the expiration of the Initial Term, and conclude no later than three months before the expiration of the Initial Term. (b) In the event that a governmental authority, including Landlord, bans the sale of certain goods or foods from the leased premises that represent ten percent (10%) or more of Tenant's total gross sales as defined in paragraph 3(b) above, Tenant shall have the right to terminate this Agreement upon sixty (60) days written notice to Landlord. 3. Rent. Tenant agrees to pay Landlord a fixed minimum annual rental for each Lease Yeaz during the term of this Lease Agreement, which initial rent shall be 3% of the Gross Sales. This minimum rental is payable in equal monthly installments due on the first day of each calendar month during the term hereof without prior demand. (a) In the event that this Lease Agreement is renewed following the Initial Term in accordance with Paragraph 2(a), commencing at the star[ of the renewal period, the minimum annual rental shall be adjusted upward, based upon increases (if any) in the cost of living during (i) the preceding Initial Term (five Lease Years) for the first increase for the first Lease Year of the renewal term, and (ii) during the preceding Lease Year for every succeeding Lease Yeaz after the first Lease Year of the renewal term, using the "Price Index", all as more particulazly described in Exhibit D appended and made a part hereof as if fully set forth herein. (i) Tenant shall also submit to Landlord an itemized statement of gross sales (as defined below) and sales tax report for the preceding month on or before the Aspen Recreation Center Concession Facility Page 3 twentieth (20th) day of each calendaz month during the term of this Lease and any renewal, extensions, or holding over hereunder. ii) In addition, within thirty (30) days after the end of each Lease Year, Tenant shall deliver to Landlord a written statement signed by a certified public accountant or by some other person acceptable to Landlord, setting forth the amount of Tenant's gross sales for the preceding Lease Yeaz. The accountant or other person shall certify that the gross sales have been computed in accordance with the definition given below, and the statement shall be sufficiently detailed to show it was in fact prepazed in accordance with such definition. If the percentage rent for the Lease Year is more than the total thereof actually paid by Tenant, Tenant shall pay the balance due to Landlord within thirty (30) days of delivery of the annual statement. iii) The term "gross sales" as used in this Lease Agreement shall mean the full amount of the actual sales price of all merchandise or services sold for cash or credit in or from the Leased Premises by the Tenant, including all sales from vending machines and cart sales. The figure for gross sales will include deposits not refunded to customers, orders of any kind received or filled at the Leased Premises, receipts from vending machines located upon the Leased Premises, receipts from all sales generated from the carts referenced in pazagraph 1(b), and any other receipts which the Tenant ordinarily would credit to his business. Each credit or installment sale will be treated as a sale for the full price in the month it is made, and there will be no deductions for uncollected accounts or bad debts. The following items, if applicable, shall be deducted from gross sales: 1) refunds or customer discounts included in gross sales; 2) returns to shippers and manufacturers; 3) sales of trade fixtures or operating equipment; 4) sums received in settlement of claims of loss or damage of merchandise; 5) retail sales tax recorded at the time of each sale and expressly chazged to the customer; 6) postage charged to customers; and 7) co-operative advertising revenues provided by suppliers. 8) All property and sales taxes paid by Tenant. iv) In operating on the Leased Premises, the Tenant agrees to issue a serially-numbered duplicate sales slip, invoice, non-resettable cash register receipt, or other record approved by Landlord, with each sale of any kind. During the term of the Lease, Tenant shall keep accurate records of all his operations. Aspen Recreation Center Concession Facility Page 4 These records shall conform to generally accepted accounting practices, and shall include records of gross sales and of receipts and deliveries of all merchandise. Tenant shall keep all the documents relating to Tenant's operations for at least thirty-six (36) months from the end of the Lease Year to which they apply. If any audit is required, or Tenant and Landlord disagree about the rent, Tenant will keep its records until the audit is completed or the disagreement is settled. v) At any reasonable time, and following at least twenty-four (24) hours notice in writing to Tenant, Landlord or Landlord's authorized representative may audit any of Tenant's records of gross sales. If, when Landlord audits the records for a Lease Yeaz based on normal accounting procedures, it finds that the Tenant has understated its gross sales for the Lease Year by five percent (5%) or more, Tenant shall be required to pay for the audit, and shall promptly deliver to Landlord the difference Tenant owes it, plus interest on such difference at the rate of eighteen percent (18%) per annum from the first day of the current Lease Yeaz to the date such difference is paid. If such audit discloses that Tenant has understated his gross sales for that Lease Year by five percent (5%) or more, Landlord shall be permitted to treat such event as a material default hereunder. In this matter, the report of Landlord's accountant shall be binding and conclusive. 4. Equipment, Fixtures and Finishes Provided by Landlord and Tenant. (a) Tenant represents that he has had an opportunity to review the building plans for the Leased Premises. The parties hereto understand that Landlord and Tenant shall finish the Leased Premises by the construction and installation of all work and materials as set forth in the building plans for the Leased Premises. On a date mutually agreed to by the parties, but no later than the start of the term of this Lease Agreement, Tenant shall be given an opportunity to inspect the Leased Premises to assure himself that the work and materials to be constructed or installed in the Leased Premises aze satisfactory. Tenant shall prepaze a punch list of all items that require further work and shall present the punch list to Landlord. Landlord shall take all reasonable steps to correct or complete all items on the punch list within a reasonable period of time. Unless an item on the punch list shall materially affect the Tenant's intended use of the Leased Premises, the scheduled start of the lease term shall not be postponed. (b) The Landlord shall furnish Tenant with certain fixtures and those items of moveable equipment (equipment that is not attached or otherwise built in to the premises) described in the inventory appended hereto as Exhibit B. Tenant shall furnish other fixtures and articles deemed necessary by Tenant for its use of the premises but not enumerated in Exhibit B, at Tenant's expense. Such fixtures, equipment, and articles shall be sold to Landlord at the end of the lease period, and extensions thereto, at Aspen Recreation Center Concession Facility Page 5 Landlord's option, for a price not to exceed the original purchase price less normal depreciation. (Tenant shall provide to Landlord a bill of sale and schedule of useful life for any fixtures or equipment that Landlord requests at the commencement of this Lease.) All items of equipment and fixtures set forth in Exhibit B shall be maintained in good working order by Tenant, at Tenant's own cost and expense, and shall be returned to the Landlord upon the termination of this Lease in the same condition as when accepted by Tenant, ordinary wear and tear excepted. If the equipment or fixture is determined to be fully depreciated or incapable of repair, Tenant shall neither be required to purchase a new piece of equipment or fixture nor shall the Landlord be obligated to purchase new equipment or substitute working equipment for equipment that can't be repaired. Special or time sensitive maintenance other than routine maintenance as required by warranties covering individual pieces of equipment and fixtures shall be the responsibility of the Landlord; provided, however, that the equipment or fixture is supplied by Landlord as indicated on Exhibit B; and provided further, that Tenant operates the equipment and fixtures in accordance with any operational manuals supplied by the equipment or fixture manufacturer. 5. Occupancy of the Leased Premises. Tenant shall be entitled to occupy the Leased Premises throughout the term of the lease; provided, however, that Tenant uses the premises as set forth in Paragraph 6 below, and all other terms and conditions of this Lease Agreement. The parties agree to meet no less than once every two weeks to discuss Tenant's performance and any other issues relating to the terms and conditions of this Lease Agreement. 6. Permitted Uses and Required Performance Standards. The parties hereto recognize and acknowledge that the construction of the Aspen Recreation Center, including the Leased Premises, by Landlord was done, in part, to create a concession facility that caters to the customers and users of the Aspen Recreation Center, Iselin Park and Rotary Park facilities. Tenant recognizes that a major and important consideration inducing Landlord to rent the Leased Premises to Tenant is the operation of a high quality concession business offering food services to the customers and users of the recreational facilities at the Aspen Recreation Center, Iselin Park, and Rotary Park. Accordingly, Tenant agrees to the following minimum standards of operation and uses of the Leased Premises: Tenant shall operate the leased premises in accordance with the following schedule of hours of oneration: June through August -Monday through Sunday between 10 am to 7pm daily. September through October -Monday through Friday, 3 pm to 7pm daily. Weekends; Saturdays and Sundays 12noon to 7pm November through March -Monday through Friday, 3 pm to 7pm daily Weekends; Saturday and Sundays lam to 7pm April through May -Monday through Friday, 3 pm to 7pm daily. Weekends; Saturday and Sunday 12noon to 7pm Aspen Recreation Center Concession Facility Page 6 In addition to the above stated minimum hours of operation, Tenant shall operate the concession during all special events; provided, however, that Landlord notifies Tenant of such special events at least 72 hours in advance. Special events shall include, but not necessazily be limited to, ice skating shows, exhibition hockey games, or swim meets. Vending machines required to be provided and operated by Tenant within the Aspen recreation Center shall be operational at all times during the year. Vending machines required to be provided and operated by Tenant in any exterior locations shall be required to operate from May through October. The parties hereto agree to review and negotiate in good faith the above stated hours of operation at the end of the first Lease year. In the event of an impasse in said negotiations, Tenant agrees to abide by Landlord's decision in this regard. Tenant may provide outdoor food service from a cart to customers at Iselin Pazk and Rotary Park. The Landlord shall approve the design and operation of the food cart(s) before Tenant uses them. Landlord shall not allow any other vendors to vend upon Iselin Pazk or Rotary Pazk during any times that Tenant is vending from Tenant's cart(s) provided that the Tenant is operating the cart during the minimum established and agreed upon hours of operation. Landlord shall provide any electrical outlets required by Tenant to vend upon the aforementioned pazks. Special Events -Tenant shall have the exclusive right to all food service in the Aspen Recreation Center (except the azea leased by the Youth Center). Any groups or outings desiring food service shall negotiate with Tenant for such service. Tenant shall be encouraged by Landlord to work with large groups in pricing for such events. Landlord shall encourage such groups to use the Tenants' services for such events. Tenant shall not schedule or serve any special event that is not authorized in advance and in writing by Landlord. User groups desiring to have "bake sales" or other similaz fundraising activities, or desiring to bring food for any purpose within the Aspen Recreation Center shall be required to obtain the prior written permission of Tenant. Tenant shall not unreasonably withhold its permission for such events. 7. Prohibited Uses. Tenant will not use, occupy, or permit the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use, or purposes deemed by Landlord to be disreputable, or hazazdous, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, State of Colorado, County Pitkin, City of Aspen, or other municipal, governmental, or lawful authority whatsoever. Tenant shall not do or permit anything to be done in or about the Leased Premises or bring or keep anything therein which will in any way increase the rate of fire insurance upon the Building wherein the Premises are situated. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Leased Premises of any insurance company necessary for the maintenance of reasonable fire and public liability Aspen Recreation Center Concession Facility Page 7 insurance covering the Leased Premises. Tenant shall promptly comply with all laws, ordinances, orders, and regulations affecting the Leased Premises and the cleanliness, safety, and use of the same, including installation of additional facilities as required for the conduct and continuance of Tenant's business on the Leased Premises. No auction for fire or bankruptcy sales may be conducted on the Leased Premises without Landlord's consent. 8. Service to Patrons/No Discrimination. The service provided to patrons by Tenant shall be rendered courteously and efficiently and within the limits for which the facility is designed. Landlord reserves the right to prohibit the sale of any item that it deems objectionable, and shall have the right to order the improvement of the quality of either the merchandise or the services rendered. Landlord's right to prohibit the sale of any item shall not be unreasonably withheld. Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin. Tenant and Tenant's employees shall not discriminate against any person because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin by refusing to furnish such person any service or privilege offered to or enjoyed by the general public. Neither Tenant nor Tenant's employees shall publicize the services provided hereunder in any manner that would directly or inferentially reflect on the acceptability of the patrons of any person because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin. 9. Employee Uniforms. All employees of Tenant shall wear, at all times, uniforms of a consistent appeazance. Said uniforms shall be subject to the approval of Landlord. 10. Entertainment. Live entertainment and the use or playing of televisions, stereo systems, games, and the type and volume of music, shall be approved by Landlord before implementation. 11. Pazkine. Free pazking will be designated by the City of Aspen and provided for the Tenant's patrons and employees. Patron and employee pazking shall be consistent with the parking provided for the City's employees and patrons. 12. Accountine. In addition to the accounting to be provided to Landlord pursuant to pazagraph 3, above, Tenant shall provide Landlord: a) with copies of the quarterly sales and withholding tax statements it provides to the appropriate authorities, with a notation thereon by Tenant's accountants reflecting the portion of the income reflected on those returns that is derived from the gross sales; and, b) statements prepared by Tenant's accountants reflecting the gross sales and sales taxes paid by Tenant for each Occupancy Period. 13. Late Chazees. The Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which shall be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and the late charges. Accordingly, if any bona fide installment of rent or any other sum due from Tenant hereunder shall not be received by Landlord or Landlord's designee on or before the twentieth Aspen Recreation Center Concession Facility Page 8 (20th) day of each calendar month that a rent payment is due, then Tenant shall pay to Landlord a late chazge of ten percent (10%) on such overdue amount. The parties hereby agree that such a late chazge will represent a fair and reasonable settlement of the cost that Landlord would incur by reason of the late payment by Tenant. Acceptance of such late chazges by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder unless the entire amount due, plus late chazge, is accepted by Landlord. In addition, any sum for which the Tenant shall be obligated to the Landlord, which is not received on the due date thereof, shall bear interest at the rate often percent (10%) per annum from and after the due date until paid. 14. Personal and Real Property Taxes. Tenant shall pay, as additional rent hereunder, all personal property taxes assessed against the personal property used by Tenant and located on the Leased Premises. Likewise, Tenant shall be responsible for any and all sales, use, withholding and other taxes assessed against the Leased Premises for Tenant's business operation therein. Landlord shall pay any real estate taxes assessed upon the Leased Premises, except for leasehold property interest taxes referenced above. 15. Fire and Casualty Insurance. The Tenant, at its own cost and expense, shall provide and keep in full force for the benefit of the Tenant and the City and the Landlord (as named or additional insureds) during the term hereof or any extension or renewal period, insurance to insure the Leased Premises against fire, normal extended coverage perils, vandalism, malicious mischief, and liability. Such insurance shall provide protection to the extent of at least one hundred percent (100%) of the insurable replacement cost of the building containing the Leased Premises. In connection herewith, it is acknowledged that Landlord, for ease of administration, is carrying such insurance upon the entire Aspen Recreation Center. Accordingly, Tenant shall pay to Landlord, Tenant's prorated shaze of the insurance premium Landlord pays to insure the Leased Premises. Tenant's prorated share shall be equal to 0.0037 multiplied by the annual premium paid by Landlord for such insurance. This premium shall be paid to Landlord within ten (10) days of Tenant's receipt of notice of the amount due from Landlord. Throughout the term of this Lease, the Tenant shall carry and maintain in effect casualty insurance covering its trade fixtures, equipment, furnishings, leasehold improvements and plate glass, which insurance shall protect against fire, normal extended coverage perils, vandalism, malicious mischief, and sprinkler malfunction. Such insurance shall provide coverage to the extent of at least one hundred percent (100%) of the insurable replacement cost of the insured property. Both the Landlord and the Tenant waive any right of subrogation that their respective insurers may acquire against either of them. Both of these waivers shall automatically terminate at such time as either party's insurer requires that an additional premium be paid as a consequence of this waiver provision. 16. Liability Insurance. The Tenant, at its own cost and expense, shall provide and keep in full force for the benefit of the Tenant and the Landlord (as named or additional insureds) during the term hereof or any extension or renewal period, general public liability insurance for claims of liability arising out of, occasioned by or resulting from an accident or otherwise in or about the Leased Premises, for Five Hundred Thousand Dollars ($500,000.00) each occurrence Aspen Recreation Center Concession Facility Page 9 with a One Million Dollar ($1,000,000.00) general aggregate combined single limit covering bodily injury, property damage, and personal injury. In addition, if Tenant serves, manufactures, or distributes alcoholic beverages on the Leased Premises, Tenant shall carry liability insurance for such activity with limits in the same amounts as stated above. The policy or policies of insurance (or binders of insurance therefore) shall be issued by a reputable company or companies authorized to do business in this State and shall name Landlord as an additional insured. Tenant shall provide evidence of such insurance coverage to Landlord prior to the commencement of the term hereof. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord from and against any and all payments, expenses, costs, attorneys' fees and/or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or any subtenants, assignees or successors. If for any reason as a result of Tenant's activities, use, or business, it shall be impossible to obtain fire and other hazard insurance on the buildings and improvements on the Leased Premises, in an amount and with insurance companies acceptable to the Landlord, the Landlord may terminate this Lease and the term hereof, upon giving to Tenant fifteen (15) days notice in writing of the Landlord's intention to do so and upon the expiration of the time provided in said notice, this Lease and the term hereof shall terminate. If by reason of the use of the Leased Premises by the Tenant or by chazacter or manner in which the Tenant's business is cazried on, Landlord's insurance rates for fire and other hazards shall be increased, the Tenant shall pay, as additional rent, the amounts by which the premiums for such insurance aze increased. The Tenant waives all rights of recovery against the Landlord or Landlord's agents, employees or other representatives, for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. Each party shall give the other party prompt notice of any claim coming to the knowledge of any party that in any way directly or indirectly affects either party, and both pazties shall have the right to participate in the defense of such claim to the extent of its interest. 17. Notice of Cancellation of Insurance Coverase. The above insurance policies shall contain clauses substantially similar to the following: (a) Notwithstanding any other provision in this policy, the insurance afforded hereunder to the Landlord shall be primary as to any other insurance or reinsurance covering the Landlord and such other insurance or reinsurance shall not be required to contribute to any liability until the appropriate limit of liability afforded hereunder is exhausted. (b) This policy may not be canceled or changed until forty-five (45) days after receipt by Landlord of a written notice of such cancellation or change in coverage, as endorsed by receipt of a certified letter, unless such cancellation is a result of nonpayment of premium due, in which case, this policy may not be canceled until ten (10) days after receipt by Landlord of a written notice of such cancellation, as endorsed by receipt of a certified letter. Aspen Recreation Center Concession Facility Page 10 18. Utilities and Maintenance. During the Lease Term, Tenant shall pay $100 monthly as and for its prorated share of all chazges for utilities that are not sepazately metered or contracted for separately by Tenant. Those utilities covered by this pro-rated share include gas, electricity, water, sewer, trash removal, and the cost of cleaning the common restrooms on the main floor. Utilities not covered by this pro-rated share amount shall include telephone, cable televisions and any other utility or maintenance services used by the Tenant in or about the Leased Premises during the term of this Lease. After the first Lease Yeaz, the prorated shaze amount shall be increased (or decreased) based upon any percentage change in the actual cost of providing the pro-rated shaze of the utilities. 19. Alterations. No alterations, additions, or improvements shall be made, and no fixtures shall be installed in or attached to the Leased Premises without the written consent of the Landlord. Unless otherwise provided herein, all such alterations, additions or improvements when made, installed in or attached to the said Leased Premises, shall belong to and become the property of the Landlord and shall be surrendered with the Leased Premises as part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation, or injury. Notwithstanding that they may have become an integral part of the Leased Premises, Landlord may require Tenant to remove all or any part of such alterations, additions, improvements or fixtures at the expiration or eazlier termination of this Lease, restoring the Leased Premises to the same condition existing at the beginning of the original term, ordinary weaz and tear excepted. If Landlord does so require, Tenant shall repair all damages resulting from such removal and should Tenant fail to repair damages resulting from such removal, Landlord may remove the same or make such repairs for Tenant's account, and Tenant shall pay to Landlord, on demand, an amount equal to Landlord's costs incurred in such removal or repair. All work with respect to any permitted alterations, additions, or improvements shall be done at Tenant's sole expense in a good and workmanlike manner, strictly in accordance with the plans and specifications approved by Landlord. In doing said work, other Tenants of Landlord (if any) shall not be adversely affected nor unreasonably inconvenienced. Tenant shall, at its own expense, obtain all necessary building or other permits or approvals required by appropriate governmental authorities prior to beginning such work. If any mechanics' or other liens shall be created or filed against the Leased Premises by reason of labor performed or materials furnished for the Tenant in the alteration, addition or repair to any building or improvement, the Tenant shall within ten (10) days thereafter, at the Tenant's own cost and expense, cause such lien or liens to be satisfied and dischazged of record together with any Notices of Intention that may have been filed. Failure to do so shall entitle Landlord to resort to such remedies as aze provided herein in the case of any default of this Lease, in addition to such as are permitted by law. Any goods, inventory or other personal property of Tenant not affixed to the Leased Premises and not removed by Tenant upon the termination of this Lease, or upon any quitting, vacating or abandonment of the Leased Premises by the Tenant, or upon the Tenant's eviction, shall be considered abandoned and Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. Aspen Recreation Center Concession Facility Page 11 20. R~airs. The Tenant has examined the Leased Premises and has entered into this Lease without any representation on the part of the Landlord as to the condition thereof, other than as stated in this Lease Agreement. Tenant shall take good care of the Leased Premises and shall, at the Tenant's own cost and expense, make all repairs, including painting and decorating, and shall maintain the Leased Premises in good condition and state of repair, and at the end or other expiration of the term hereof, shall deliver up the Leased Premises in good ordef and condition, wear and tear from reasonable use thereof, and damage by the elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yazds, entrances, hallways and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash, refuse. In case of destruction of, or any damage to the glass in the Leased Premises, or the destruction of, or damage of any kind whatsoever to the Leased Premises, caused by the cazelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests, licenses, invitees, subtenants, assignees or successors, the Tenant shall repair the said damage or replace or restore any destroyed parts of the Leased Premises, as speedily as possible, at the Tenant's own cost and expense. 21. Damage to Premises. If the Leased Premises shall be so damaged by fire or other catastrophe (which is not caused by the fault or negligence of the Tenant or imputable to the Tenant) as to render said Leased Premises untenantable, the Tenant thereupon shall surrender the Leased Premises to the Landlord. The Tenant shall pay rent, duly apportioned, up to the time of such termination of this Lease. Notwithstanding the foregoing, in lieu of any termination of the Lease, Landlord may elect, at its sole option, within thirty (30) days after the event of such damage, to continue the Lease without regazd of such damage, whereupon Landlord shall at its expense make the Leased Premises fit for occupancy and the rent shall be abated only for the period during which the Tenant shall be deprived of the use of said Leased Premises by reason of such damage and the repair thereof. If said Leased Premises, without the fault of the Tenant, shall be slightly damaged by fire or other catastrophe but not so as to render the same untenantable for any substantial period of time, the Landlord, after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; and in such event, rent shall be proportionately abated, according to the loss of use, until the Leased Premises are substantially restored. 22. Sublease/Assignment. Tenant shall not assign, sublease, mortgage, pledge or otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or permit the Leased Premises or any portion thereof to be occupied by anyone without Landlord's prior written consent in each instance, which consent shall not unreasonably be withheld. In the event Tenant is a corporation, these provisions shall apply to any transfer, sale or other disposition, whether voluntary or involuntary, of any stock in Tenant or to any merger, consolidation or dissolution or any other transaction, the effect of which would be in any way to avoid or circumvent such prohibitions. Any assignment or subletting contrary to the provisions of this Pazagraph shall be void and shall, at the option of the Landlord, constitute a default under the terms of this Lease. Aspen Recreation Center Concession Facility Page 12 23. Maintenance and Repairs. Tenant shall during the term of this Lease keep in condition and repair equal to that which existed at the commencement of this lease the Leased Premises and every part thereof, including without limiting the generality of the foregoing, all plumbing fixtures, within the Leased Premises, refrigeration, electrical fixtures and lighting fixtures, additional fixtures, interior walls, wall coverings and paint, ceilings, floors and floor coverings, windows, doors, plate glass, awnings, and entrances. Landlord shall have responsibility for the repair and maintenance of the building structure, roof, foundation and structural integrity of any additional stories above the Leased Premises, and shall, at its expense provide major repairs and required replacement to mechanical systems situated within the Leased Premises that were originally provided by the Landlord. Major repairs and replacements aze agreed to be those which cost more than $500.00 for each single item, and aze of what the Landlord provided initially when construction was completed on the new facility, (other additions that need repair which were completed by lease holder will be undertaken by the lease holder at the lease holders sole cost and expense) and are required to provide the level of service and serviceability thereof and there from currently existing. Absent such agreement, Landlord shall have no obligation to execute such repair or replacement, but in the event Landlord determines to effectuate such repair or replacement, Landlord shall have the sole discretion to determine the type, extent and quality of repair or replacement that shall be undertaken. 24. Sins. The Tenant shall not place nor allow to be placed any signs of any kind whatsoever, upon, in or about the said Leased Premises or any part thereof, except of a design and structure and in or at such places as may be indicated and consented to by the Landlord in writing. In case the Landlord or the Landlord's agents, employees or representatives shall deem it necessary to remove any such signs in order to paint or make any repairs, alterations or improvements in or upon the Leased Premises, they shall be replaced at the Landlord's expense when the said repairs, alterations or improvements shall have been completed. Any signs permitted by the Landlord shall at all times conform to all municipal ordinances or other laws and regulations applicable thereto. 25. Compliance with Law. Tenant shall obtain and pay for all permits or licenses that may be required for the operation of the Leased Premises in accordance herewith. A copy of such permits or licenses shall be submitted to Landlord for verification of this requirement prior to occupancy. The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements, and directives of the federal, state, and municipal governments or public authorities and of all their deparhnents, bureaus and subdivisions, applicable to and affecting the said Leased Premises, their use and occupancy, and shall promptly comply with all orders, regulations, requirements and directives of the Boazd of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Leased Premises and its contents, for the prevention of fire or other casualty, damage or injury, all at Tenant's own cost and expense. Tenant shall obtain and maintain during the life of this Lease, worker's compensation insurance and employer's liability insurance for Tenant's employees in strict compliance with state laws. Certificates evidencing such insurance or approved self-insurance shall be submitted to Landlord prior to occupancy. Aspen Recreation Center Concession Facility Page 13 Tenant shall not use the Leased Premises for any purposes deemed unlawful, disreputable, or extra hazazdous. 26. Ouiet Enjo~rnent. So long as the Tenant is not in default hereunder during the term hereof or any renewal or extension hereof, the Landlord covenants that the Tenant shall peacefully and quietly occupy and enjoy the Leased Premises subject to the terms hereof. The Landlord warrants that it has full power and authority to execute this Lease, be bound by, and perform all its obligations hereunder. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that Landlord's right to occupy and lease the Leased Premises to Tenant is based upon Landlord's rights under the Master Lease. In the event Landlord loses the right to occupy and lease the Leased Premises because of a default by Landlord or the Owner of the building in accordance with the provisions of the Master Lease, Landlord shall have no obligation hereunder to Tenant and this Lease shall be of no further force or effect, subject to the City of Aspen's rights pursuant to the Master Lease. 27. Condemnation. If the land and the Leased Premises leased herein, or of which the Leased Premises are a part, or any portion hereof, shall be taken under eminent domain or condemnation proceedings, or if suit or other action shall be instituted for the taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions, if any, the Landlord shall grant an option to purchase and/or shall sell and convey the said Leased Premises, or any portion thereof, to the governmental or other public authority, agency, body or public utility seeking to take said land and Leased Premises or any portion thereof, then this Lease, at the option of Landlord, shall terminate and the term hereof shall end as of such date as the Landlord shall fix by notice in writing; and the Tenant shall have no claim or right to claim or be entitled to any portion of any amount which may be awazded as damages or paid as the result of such condemnation proceedings or paid as the purchase price for such option, sale or conveyance in lieu of formal condemnation proceedings; and all rights of the Tenant to damages, if any, are hereby assigned to the Landlord. The Tenant agrees to execute and deliver any instruments, at the expense of the Landlord, as may be deemed necessary or required to expedite any condemnation proceedings or to effectuate a proper transfer of title to such governmental or other public authority, agency, body, or public utility seeking to take or acquire the said lands and Leased Premises or any portion thereof. The Tenant covenants and agrees to vacate said Leased Premises, remove all the Tenant's personal property there from and deliver up peaceable possession thereof to the Landlord or to such other party designated by the Landlord in the aforementioned notice. Failure by the Tenant to comply with any provisions in this clause shall subject the Tenant to such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant's breach hereof. 28. Landlord's Lien. Tenant hereby grants to Landlord a security interest in any and all of Tenant's furniture, fixtures, equipment and inventory whenever acquired, their proceeds and the proceeds of any and all insurance policies carried thereon as and for additional security for the faithful performance by Tenant of all of its obligations hereunder. Tenant agrees to execute and deliver to Landlord, upon request, such additional documents as Landlord may require to establish and perfect such security interest including, without limitation, a fmancing Aspen Recreation Center Concession Facility Page 14 statement in form satisfactory to Landlord, which is to be executed and delivered by Tenant to Landlord. The exercise by Landlord of any rights in and to such fiuniture, fixtures, equipment and inventory upon default hereunder shall be governed by Article 9 of the Colorado Uniform Commercial Code, as in effect at the time of such default, but such exercise shall not preclude Landlord from exercising any or all other rights and remedies hereunder or as provided by law. 29. Inspection and Repair. The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter into and upon the Leased Premises or any part thereof, at all reasonable hours and upon reasonable notice, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. Nothing in this section is intended to restrict access to the premises by an authorized City of Aspen inspector conducted pursuant to law, including, but not limited to Environmental Health employees conducting routine health inspections. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs. Tenant expressly waives and releases any claim, demand, or cause of action it might have by reason of any inconvenience, annoyance to Tenant, its guests, licensees or invitees arising from any maintenance, alteration or repair to any portion of the Leased Premises, the building in which it is located or the property upon which it is situate. Tenant grants to Landlord the right to temporarily discontinue utilities or any of them at any such time or times as may be necessary by reason of any such maintenance work, alteration or repair. 30. Landlord Remodel of Premises. In the event Landlord desires to remodel any portion of the Leased Premises during the term of this lease agreement, it may do so, provided it is solely at Landlord's expense and, provided further, that any remodel work commenced by Landlord shall not interfere with or disrupt Tenant's business within the Leased Premises. 31. Default. If there should occur any default on the part of the Tenant in the performance of any conditions or covenants herein contained or if, during the term hereof, the Leased Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefore or for damages, re-enter the said Leased Premises and again possess the same with or without terminating this Lease; and as agent for the Tenant or otherwise, re-let the Leased Premises and receive the rents therefore and apply the same, first to the payment of such expenses and costs, as the Landlord may have been put in re- entering and repossessing the same and in making such repairs and alterations, as may be necessary; and second to the payment of the rents due hereunder. Whether or not the Landlord shall terminate this Lease, the Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, afrer deducting the aforementioned expenses, fees, and costs; the same to be paid as such deficiencies arise and are ascertained each month. In Aspen Recreation Center Concession Facility Page I S addition, upon any such default, or if Tenant be adjudicated a bankrupt, insolvent or placed in receivership, or should proceedings be instituted by or against the Tenant for bankruptcy, insolvency, receivership, agreement of composition or assignment for the benefit of creditors, or if this Lease or the estate of the Tenant hereunder shall be transferred by virtue of any court proceedings, writ of execution or levy sale, the Landlord may, if the Landlord so elects, at any time thereafter, terminate this Lease, upon written notice to Tenant or to any trustee, receiver, or other person in charge of or acting as custodian of the assets or property of the Tenant. In the event of default, except in the payment of rent or additional rent hereunder, Landlord, prior to the exercise of any of its rights or remedies hereunder, shall give Tenant notice of such default together with a ten (10) day right to cure should such default be in the payment of any other sums due Landlord hereunder or a twenty (20) day right to cure should such default be in any of the other conditions or covenants of this Lease to be performed by Tenant, unless the same by its or their nature require immediate or earlier attention. Upon the giving of such notice, this Lease and the term hereof shall, unless the default shall be cured during the applicable period, end on the date fixed in such notice as if the said date were originally fixed in this Lease for the expiration hereof; and the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise, without liability fdr damages. No right of redemption shall be exercised under any present or future law of the State of Colorado in case the Tenant shall be dispossessed for any cause or if the Landlord shall, in any other manner, obtain possession of the Leased Premises in consequence of the violation of any of the covenants and agreements of the Tenant. The Landlord shall have a lien pazamount to all others on every right and interest of the Tenant in and to this Lease, and on any furnishings, equipment, fixtures, or other personal property of any kind belonging to the Tenant, or the equity of the Tenant therein, on the leased property. Such lien is granted for the purpose of securing the payment of rents, taxes, assessments, insurance chazges, liens, penalties and damages herein covenanted to be paid by the Tenant and for the purpose of securing the performance of all of the Tenant's obligations under this Lease. Such lien shall be in addition to all rights of the Landlord given under statutes of this State, which aze now or shall hereinafter be in effect. 32. Attorneys' Fees. In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or non-performance of this Lease, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorneys' fees and costs incurred. 33. Delays. Whenever a period of time is provided in this Lease for either Landlord or Tenant to do or perform any act or thing, neither Landlord nor Tenant shall be liable or responsible for performing any obligation hereunder as a result of any unavoidable delay due to strikes, lockouts, casualties, acts of God, or other governmental regulations or control or other causes beyond such party's reasonable control, and the time for performance specified herein shall be extended for a period of time corresponding to such delay. 34. Mortgage Priority. This Lease shall not be a lien against the Leased Premises with respect to any mortgages or trust deeds now or hereafter placed upon the Leased Premises or the Aspen Recreation Center Concession Facility Page 16 building. The recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien to this Lease, irrespective of the date of recording and the Tenant agrees to execute any instruments, without costs, which may be deemed necessary or desirable, to further effect the subordination of this Lease to any such mortgage or mortgages. Tenant shall, upon request, execute any estoppel certificates or attornment agreements that may be required by the holder of any mortgage or trust deed now or hereafter placed upon the Leased Premises or the building or by the Owner of the building in which the Leased Premises are located. A refusal by the Tenant to execute any such instruments shall entitle the Landlord to at once terminate this Lease. Tenant agrees not to record or file this Lease in the real estate records affecting the building in which the Leased Premises is located. Any such recording in violation hereof shall be considered a slander of Landlord's title and a breach of this entire Lease. This covenant shall survive the expiration or earlier termination of this Lease. 35. Holding Over. This Lease shall expire of its own accord without notice at the end of the term or earlier, as herein specified. If, after the expiration of this Lease, Tenant remains in possession of the Leased Premises with the Landlord's consent, such holding over shall be a tenancy-at-will at a rental equal to 125% of the last monthly rental provided in this Lease, and otherwise subject to all the obligations and conditions of this Lease. 36. Cumulative Remedies. The vazious rights, remedies, options and elections of the Landlord expressed herein are cumulative and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this Lease or to exercise any election or option or to resort or have recourse to any remedy herein conferred or the acceptance by the Landlord of any installment of rent after any breach by the Tenant, in any one or more instances, shall not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord of any such conditions and covenants, options, elections or remedies, but the same shall continue in full force and effect. 37. Cleanliness; Waste and Nuisance. Tenant shall keep the Leased Premises at all times in a neat, clean and sanitary condition, shall neither commit nor permit any waste or nuisance thereon. Tenant shall store all trash in the containers provided for that purpose. 38. Brokers. Each party represents to the other that it has had no dealings with any real estate broker or agent in connection with the negotiation of this Lease. 39. Waiver. No waiver by Landlord or Tenant of any provision of this Lease shall be effective unless in writing nor shall such waiver be deemed a waiver of any other provision hereof, nor of any subsequent breach by Tenant of the same or of any other provision. 40. Surrender of Premises. At the end of the lease period of possession of the Leased Premises by Tenant, as well as at the termination of this Lease, Tenant shall surrender the Leased Premises to Landlord in good condition and repair, excepting for reasonable wear and tear and acts of God. Tenant shall have the right at the end of the term hereof to, and upon demand by Landlord Tenant shall, remove any equipment, furniture, trade fixtures not affixed to the realty, Aspen Recreation Center Concession Facility Page 17 and other personal property placed in the Leased Premises by Tenant and Tenant shall promptly repair any damage to the Leased Premises caused by such removal. 41. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Colorado. In the event of any litigation arising out of this Lease, jurisdiction and venue shall rest with any court of competent jurisdiction in Pitkin County. 42. Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which the time of performance is a factor. 43. Severabilitv. The terms, conditions, covenants, and provisions of this Lease shall be deemed to be severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision herein, but such other clauses or provisions shall remain in full force and effect. 44. Notices. All notices required under the terms of this Lease shall be given in person or by mailing such notices by certified or registered mail, return receipt requested, to the address of the party as shown at the beginning of this Lease, or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received three (3) days after the date of certification or registration. 45. Entire Lease. This Lease contains the entire contract between the parties and there are no other agreements, understandings, representations, or warranties except as expressly set forth herein. No additions, changes or modifications, renewals or extensions hereof shall be binding unless reduced to writing and signed by the Landlord and Tenant. To the extent possible, this Lease shall be construed vis-a-vis the Landlord and Tenant without reference to the Master Lease. However, in the event the rights of Landlord and Tenant hereunder are directly affected by and in conflict with provisions of the Master Lease, such that to adhere to the terms of this Lease would result in a default by Landlord under the Master Lease, the Master Lease provision shall control. 46. References. In all references herein to any parties, persons, entities or corporations, the use of any particulaz gender or the plural or singulaz number is intended to include the appropriate gender or number as the text of the within Lease may require. 47. Tenant is an Independent Contractor. This Lease is not a contract of employment. No relationship of employer and employee, joint venture or partnership, exists between Landlord and Tenant or between the Landlord and any employee or agent of the Landlord. Tenant shall at all times be deemed to be an independent contractor. Tenant is not authorized to bind Landlord to any agreements or obligations. The term Landlord when used in this Lease shall mean and include the Executive Director of the Landlord and any other agent or Aspen Recreation Center Concession Facility Page 18 employee of the Landlord designated by the Director with the responsibility of enforcing any of the terms of this Lease. 48. Binding Effect. All the terms, covenants, and conditions herein contained shall be for and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators, personal or legal representatives, successors and assigns respectively. 49. Guaran In the event Tenant hereunder is a corporation, this Lease and the performance of all the payments, obligations, conditions and covenants contained herein shall be personally guaranteed by the shareholders of Tenant by execution of a guaranty of lease in a form provided by Landlord. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year above first written. APPROVED AS TO FORM: John P. Worcester, Esq., City Attorney TENANT: Future Champs of Aspe<<n, LLC By. ~rl/'/A JG~ ~O~~ila~ Title: d!'y/~!~ LANDLORD: THE CITY OF ASPEN APPROVED AS TO CONTENT: Steve Barwick City Manager Aspen Recreation Center Concession Facility Page 19 List of Exhibits Appended to Lease Aereement A -Description of Leased Premises (including legal description of ARC property and sketch of leased premises) B - Inventory of Equipment and Fixtares to be Provided by Landlord. C -List of Improvements and Fixtures to be Made or Provided by Tenant. D -Calculation of Cost of Living Increases. E -Sample Menu for Summer Season r.+nr..„r," ~ L L`J l!1 uJ~eao~o~ ~:ladsd, ~. 'f~ ~ peon ~aa~11`J uoo/~'e~1Vf~'i 1980 , ~ ~ ~ s ~~~9~~g r w ~ =~v'{ ~~k~~2~ 2 u 2 .h.. 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'a~~ ~~' ~ ag° ~s ~ cJ ~ ~ ~~ ~ L5 Ufa' i5 ~ ^ °~ ~ ~ ~ ~~ ® n ~aW o3 t5 c°I ~ ~ ~ ^ ` ' 0 4' ~5 ~OJ~~ ~ F- 2 ~ ~ ~, ~ ~y } ~ J R~ ~ ~ ~ ~ l ~ ~, O ~ ~ ~ ~ ~' ~_ 3 ~ S I ~ {y L/O~ UN~CJ a ~yT~ / ~ FF~~ ..~~ ~ ~1•I ~ ~ ~ L~9 < ~1~ cod z~ S „ ~ n~ ~ $ u a ~ - ~ ~ K Z ~ 3 1 L~, ~N lJ l~ ASS N N cl h Y) M r ~ u € ~ 2 3 >< ~ jjjj'''' f II~~ F ~ ~ nd.~ + ~W c; ~ ~ m si ~'71nn G ~ LL =~ s ~ n {sue ~ u ~ ~~ ~ ~ ~~r<~ ~ ~.r G~ ~ ~ ~~ o~ a~ N W OI N N N ~ ">- N ' n ~~~ ~ gI Z, n s t~ ~~ ~ ~ ~~~~~ S ~ ~ ~ z ~~~ .~ ~ r' ~ _ ~ x ~~~ ~a©Ity3~ !~ p ~ ~ ~ x ~ f~~~ q~og~vT~ll !y ~ ~ y5) zp~ 4 ~ ~o-m( 5 ~_~ i ~ J ^ ` d ~' ~~Gt ~u~~~ ~ ~ ~ m ~ ~~ ~ffi~ I ~ ~ t ¢ F"- ~ ~ N '~ yy ~ {~ ~YJm~~ t ~ ~ g 4 ~~ ~~~w~ w ~ ~ ~ ~ ~ ~~~ 3 ~{R' w 8 ~~~~~ ~ 1.01 o U # ~ o c~~l tl. cC ~ Ll fv n~ 2 O ~ ~ ~ ~ 1'1 +' VI to 1~ RR~~ ~ ~ J ~T1 7~ ~ u z s 11 ~ ~ ~ ~ C~ O ~~j ~~ ~~ ~ ~ F ~o~ ~~ ~~ ~ ~ w' P- u o a ,y V ) ~ ~ K ~ ~~~ ~ ~ LAS ~~ ~ 3~ ~ ~ r„ ~.~ i °~ ~ . ~w ~~ N Landlord's Fixture, Equipment and Finishes List Sec 4- Exhibit B Demising walls (except for opening as shown on Ted Guy Assoc drawing dtd 6-14-02 Sheet 1 :K~bk, 200 amp elech-ical'service panel live as shown on Ted Guy Assoc drawing ~" dtd 6-14-02 Sheet 1 and circuits installed in accordance with the Utilities Rough In Plan and accompanying notes from the Katz Company dtd 7 24-02 GWB drop ceiling ]aid out for 14 light fixtures and 4 ventIlation grills 2" wide corrugated metal roof constructed as shown on Ted Guy Assoc drawings dtd 6-14-02 Sheets 1 and 2 3 floor sinks as quoted in letter from Colorado Plumbing Service dtd 6-7-02. Low profile grease interceptor as quoted in letter from Colorado Plumbing Service dtd 4-24-02 JUN-t7-GNE7G Ntl ~ Dd ! HtUJUKt h LiUY HSSlJL .. 750.. # - ##.. .~.._ I . ' ~- h '---------- . ~y u p~o .: 1 ~ ... ~. N.. -... . ~- P-.... ~~(U'~~~i4J1Jr ~. ~J -~ .- ~ ... ~_ :.~ _ .~.. -_ ~.1 ,. -' ~•~ _ . _ .. ~~p~ _ G~G1av~ ~.. ~ .~~-- . - .. ~--~ t " ~ . ~ ~ ~Dt.SrL~j " t'S ~ lYtJi N ~! ~%y ~• O~.vt, • ... .... '~ ~ `~ - ' f~ . - -.._ - '-' 'tip ~D' Ge21.(,4 . r~LJ -- - }.tJ? - - ----~- N '-sc ~eoaoaercou~raseaasArea / ~;41Y7 ac mcaiRiLTi /Yyp iTRYCrYC1AL ilYi~Kiit1Y SET ((~~ R.4 BpX'15aG '1E~~fc.., En5AL7: CC(,('"ggpp 8 i 521 (9?O) 92. -3 7 87 EXHIBIT "C" TENANT IMPROVEMENTS NO IMPROVEMENTS ARE BEING IDENTIFIED AT THIS TIME. ANY FUTURE IMPROVEMENTS MUST BE PASSED BY THE CITY OF ASPEN AND APPROVED PRIOR TO WORK COMMENCING. FUTURE IMPROVEMENTS WILL BE ADDRESSED AS AN ADDENDUM TO THIS CONTRACT. Aspen Recreation Center Concession Facility Page 20 EXHIBIT D COST OF LIVING INCREASE CALCULATION a) "Price Index" shall mean the Consumer Price Index -All Urban Consumers (CPI-U) - U.S. City Average -All Items, or a successor or substitute index published or authorized by the United States Department of Labor, Bureau of Labor Statistics. b) The following formula shall be used for determining the adjustment, if any, in the fixed minimum annual rent: "Price Index" for the first month Current Index Number = of next Lease Yeaz Base Index Number "Price Index for first month of of preceding Lease Yeaz c) As promptly as practicable after the commencement of the first adjustment yeaz, and thereafter as promptly as practicable after the first day of each succeeding adjustment year, Landlord shall compute the increase, if any, in the cost of living for the Yeaz immediately preceding said adjustment yeaz. Such computation shall be made by use of current and base index numbers provided for each adjustment year as set forth in Pazagraph c) above. d) In computing increases for each adjustment year the current index number shall be divided by the base index number. From the quotient thereof, there shall be subtracted the integer 1 and any resulting positive number shall be deemed to be the percentage of increase of cost of living. e) The percentage of increase in the cost of living shall be multiplied by the minimum annual rental including increases for the yeaz preceding the adjustment yeaz for which the increase is being computed. f) The Landlord shall, within a reasonable time after obtaining the appropriate data necessary for computing such increases, give the Tenant notice of any increase so determined, and the Landlord's computation thereof shall be conclusive and binding but shall not preclude any adjustment of the index figures upon which the computation was based and Tenant shall, within sixty (60) days after receiving such notice, notify Landlord of any claimed error therein; provided, however, nothing herein shall be construed to extend the time when rents, as determined by Landlord, aze due and payable by Tenant. g) Minimum annual rent for each adjustment year, together with increases calculated in accordance with Pazagraphs b) through fj of this Section 11, shall be due and payable to Landlord in equal monthly installments due on the first day of each calendaz month of Aspen Recreation Center Concession Facility Page 21 each adjustment year (retroactive payments then due being payable within thirty (30) days after giving notice thereof by Landlord to Tenant). h) If publication of the pertinent Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept compazable statistics on the cost of living for the average of all U.S. cities, all items, as the same shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the parties hereto. In the event of (1) use of compazable statistics in place of the Consumer Price Index as above mentioned, or (2) publication of the Index figures at other than bi-monthly intervals, there shall be made in the method of computation above provided revisions as the circumstances may require to carry out the intent of this Article. Bunz Menu Naked Juices and Smoothies ($3) Seattle Roast Coffee ($2) Novus Tea ($2) Made to order protein Shake with Powder, Soy or Rice mills, fresh fruit (banana or strawberry) ($4) Veggie Snacks :Carrot Sticks, Sugaz Snap Peas, Ranch Dressing ($3) Soup of the Day ($4) Salads Caeser ($5) Caeser with Chicken ($9) Mixed Greens with choice of Ranch or Balsamic with Tomatoes and Cucumbers ($7) Hot Dogs Served with choice of regular or whole wheat bun Turkey ($3) Kosher All Beef ($3) Buffalo Brat ($4) Chicago Style ($3) with condiment bar :.fresh jalapenos, la~aut, mustazd, ketchup and gourmet sauces from azound the country Sandwiches (premade) Veggie :Portobello, Roast pepper, Mix Greens, Hummus, Goat Cheese ($8) Turkey, Bacon, Avocado Puree and Lettuce and Tomato sandwich ($9) - Albacore White Tuna Salad with Lettuce and Tomato ($~ Pizza by the slice (made from Crust and reheated on premise) Plain ($3) Pepperonni ($4) Dessert offering :Cookie, Brownie, Candy ($1) Aspen Recreation Center Concession Facility Page 22 GUARANTY OF LEASE FOR VALUE RECEIVED, and in consideration for, and as an inducement to the aforesaid Landlord to make the foregoing Lease with Future Champs of Aspen, LLC, as Tenant, the undersigned Irma Samokhina unconditionally guazantees the full performance and observance of all the covenants, conditions, and agreements therein provided to be performed and observed by Tenant, and expressly agrees that the validity of this agreement and the obligations of the guarantors hereunder shall in no wise be terminated, affected or impaired by reason of the assertion by Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the provisions of the within Lease or by the relief of Tenant from any of Tenant's obligations under the Lease by operation of law or otherwise (including, but without limitation, the rejection of the Lease in connection with proceedings under the bankruptcy laws now or hereafter enacted); the undersigned hereby waiving all suretyship defenses. The undersigned further covenants and agrees that this guazanty shall remain and continue in full force and effect as to any renewal, modification, or extension of this Lease. The undersigned further agrees that his liability under this guaranty shall be primary, and that in any right of action which shall accrue to landlord under the Lease, landlord may, at Landlord's option, proceed against the undersigned and Tenant, jointly or severally, and may proceed against the undersigned without having commenced any action against or having obtained any judgment against Tenant. It is agreed that the failure of Landlord to insist in any one or more instances upon a strict performance or observance of any of the terms, provisions or covenants of the foregoing Lease or to exercise any right therein contained shall not be construed or deemed to be a waiver or relinquishment for the future of such term, provision, covenant or right, but the same shall continue and remain in full force and effect. Receipt by Landlord of rent with knowledge of the breach of any provision of the foregoing Lease shall not be deemed a waiver of such breach. Except as may be otherwise specifically provided in the Lease subletting, assignment, or other transfer of the within Lease, or any interest therein, shall not operate to extinguish or diminish the liability of the undersigned guazantors under this guazanty; and wherever reference is made to the liability of Tenant named in the within Lease, such reference shall be deemed likewise to refer to the undersigned guarantors. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of Landlord, and shall be binding upon the heirs and assigns of the undersigned. Aspen Recreation Center Concession Facility Page 23 IN WITNESS WHEREOF, the undersigned guazantor has caused this guazanty to be executed effective as of the 3D day of ~ti't'•G~/7~/ , 2010. 1PW-3/29/2010-G:\john\word\ag\azc-concession-9-18-02.doc v~-~ TO: Mayor Ireland and City Council FROM: Gram Slaton, Wheeler Executive Director THRU: Randy Ready, Assistant City Manager DATE: 30 March 2010 MEETING DATE: 12 April 2010 RE: Wheeler Box Office Website Redesign REQUEST OF COUNCIL: The Wheeler Opera House requests approval to contract with Carbonhouse (Charlotte NC), a website design and services company, for a complete redesign and integration of the Wheeler Opera House and Aspen Show Tickets websites in order to improve customer service through a clean and simple modern design that will create a seamless guest experience when considering the Wheeler Opera House and its programs and services. The purchase cost is $27,500, plus annual maintenance fees. BACKGROUND: The Wheeler Opera House websites have fallen behind commonly-accepted modern standazds for design, ease of use, and attractability for bringing new and proven visitors to Aspen to its venue. At present, the Wheeler employs two sites that work separately of each other, being as one was a longstanding (possibility original) website for the venue itself, whereas the second (Aspen Show Tickets) was created in 2007 as a stand-alone for the box office's many guest services. DISCUSSION: Possibly nothing in our present world changes more rapidly than electronic design, and for a purchasing market that is turning more and more to the Internet for its research and purchasing decision information, nothing can aid or harm a business more than its primary source of electronic communication -its website. In the case of the Wheeler Opera House, no substantial changes have been made to its web presence since the addition of a second website in 2007 (Aspen Show Tickets), created specifically for the Wheeler's box office and in response to requests from our user groups to have a separate entity (without the Wheeler name) for contracted use of our box office for offsite sales. The site for the Wheeler itself is without any significant change since at least 2005. In the meantime, websites for performance venues and theatres have moved completely away from being text-information based (as the Wheeler's sites are), using new construction platforms and designs that allow for direct and instant integration into various social-networking websites (Facebook, Twitter, etc.) as well as offering features such as streaming video and widgets so that buyers can immediately investigate and sample performers and performances that they might be interested in coming to see. The platform that the Wheeler's current sites are built on, using Cold Fusion, is considered antiquated and inappropriate for use in order to attract modern buyers. The Wheeler Opera House issued an RFP for web design services in December 2009. This RFP attracted twenty (20) proposals, including two from Aspen-based providers. A selection review committee composed of City of Aspen personnel Sally Spaulding and Nicole Rice, and Wheeler Opera House Page 1 of 3 employees Lauren Pierce and Gram Slaton, met in early March 2010 upon review of all of the proposals and reduced the list of candidates to five (5) finalists for consideration. These candidates were interviewed during the week of Mazch 15, 2010, via conference call, and invited to provide a demonstration of their Content Management System (CMS) as well as further presentation of their company and services, plus an extended question and answer period. The committee unanimously selected Carbonhouse, Inc., of Charlotte NC, as its recommendation for the following reasons: • Carbonhouse was created specifically for web design services for the entertainment industry, and cleazly understands the needs and challenges for effective web communication for our industry. No other provider offered comparable skills in entertainment venue design. • The CMS for Cazbonhouse takes into account all of the features needed in an entertainment- venue website without a panoply of other features that would effectively serve as clutter. Its ease of use was clearly demonstrated and took into account the kind of management team that a venue might have that would be accessing this CMS for its department or overall venue needs. • The total cost for the project through Carbonhouse is in the middle of the full range of costs being presented for this service. Proposals vazied from a low of $9,600 to a high of more than $115,000. • The timeline for undertaking the project worked exceptionally well for the Wheeler staff and for implementation and launch of the new Aspen Show Tickets ticket sales software. Carbonhouse met all of the requirements of the RFP satisfactorily. FINANCIALBUDGET IMPACTS: The contracted fee proposed by Carbonhouse, Inc., is $27,500, plus a standazd service contract in the amount of $500 per month. The Wheeler has been able to negotiate the first year's service contract fee down to a flat $5,000 if paid upfront in one lump sum. The Wheeler proposes to pay for this purchase out of departmental savings for the redesign, and out of its Information Technology budget for the $5,000 ongoing service fee for 2010. Future years will see this fee folded into its annual operating budget. ENVIRONMENTAL IMPACTS: None. for Carbonhouse, Inc. ACTION: Wheeler staff recommends that the City Council approve the contract ALTERNATIVES: The review committee has a fallback candidate, should City Council wish to consider a less expensive supplier. While the committee was greatly enthused by the presentation and ease of use of this provider's CMS, the provider is ageneral-business supplier of web design services and without the considerable expertise demonstrated by Carbonhouse, and may not be able to easily provide the full range of communication options offered by Carbonhouse without significantly increasing its cost to the Wheeler. Ultimately, the Wheeler could forego any change of design to its two websites and continue with business as currently practiced; however, Wheeler staff does not consider this in the best interests of either the Wheeler Opera House or the City of Aspen. Page 2 of 3 Page 3 of 3 RESOLUTION # 3d (Series of 2010) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND CARBONHOUSE, INC., FOR THE PURCHASE OF A NEW WEBSITE DESIGN AND ATTENDANT SERVICES FOR THE WHEELER OPERA HOUSE, 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 Carbonhouse, 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 Carbonhouse, Inc., for the purchase of a new design for the Wheeler Opera House's two websites, plus integration of those sites and attendant follow-through services, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: 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 12, 2010 Kathryn S. Koch, City Clerk the City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 PROFESSIONAL SERVICES City of Aspen Project No.: 200~~- 10=4. AGREEMENT made as of 12`~ day of April, in the year 2010. BETWEEN the City: The Ciry ofAspen Gram Slaton c/o Wheeler Opera House 130 South Galena Street Aspen, Colorado $1611 Phone: (970) 920-5055 Contract Amount: Total: 527,500.00 And the Professional: I3randon Lucas c/o Carbonhouse 809 W. I Iil] Sheet. Suite C Charlotte. NC 28208 For the Following Project: If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. Citv Council Approval: Date: Resolution No Wheeler Opera ]-louse Wcbsite Redesign Exhibits appended and made a part of this Agreement: Exhibit A: Scope oY Work. Iixhibit B: Fee Schedule. Exhibit C: Carbonhouse proposal Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. 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 .l a lc 30. 2010. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for 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. 4. Non-Assi nag bility. Both parties recognize that this Agreement 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. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Temunation of Professional Services. The Professional or the City may terminate the Professional Services component of 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 fmished 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 Professional Services Page 1 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation 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. 8. 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 aze in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other Fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any 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. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional Agreement Professional Services Page 2 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 for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (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 carried by or Agreement Professional Services Page 3 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 aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The 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 limitations (presently $150,000.00 per person and $600,000 per occun-ence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to 6me amended, or otherwise available to City, its officers, or its employees. 10. 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 aze 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. 11. Completeness of A reement. 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. Agreement Professional Services Page 4 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the Ciry, 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 term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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. 16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms aze defined in the new law and by this reference 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. Agreement Professional Services Page 5 "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who 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 aze not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with anew employee who is an illegal alien, Professional shall: Agreement Professional Services Page 6 (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. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional 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 Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or 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 Agreement Professional Services Page 7 ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional 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. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. 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. Agreement Professional Services Page 8 IN WITNESS WI-IEREOF, 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 first written above. CITY OF ASPEN, COLORADO [SignaNre] By: [Name] Title: Date: Approved as to form: City Attorney's Office Exhibit A PROFESSIONAL: ~~~ ~ ~_ ~, By: $.Ati~ov ~u LAf [Name] Title: ~ C L ~ieJ ~rJENf Date: ~z 200 Agreement Professional Services Page 9 Scope of Work Wheeler Opera House Website discovery sitemap and wireframes Custom Designs Greenhouse Content Management System Full Content Management with unlirrtited pages, password protected pages Unlirrwted Administration Users with multiple access levels Revenue-g~erating advertialng and affiliate programs, h requested Event and news release database with triggered announcing events-'on-sales RSS Feeds- Events and News Raleases Promotional spaces to promote sponsors and special offers Ability for audio, video and photos for events Hidden Pages & Password Protected Areas for Media'Production/Booking~'Operations Social networking bookmarks Google Analytics Assistance as requested with assisting on integration of AudiaiceView event data Fan Connect -Integration of Facebook with Wheeler Opera House website Hosting. 24/7 hosting will be provided by carbonhouse at rackspace, 2. Support: carbonhouse will provide up to two (2) hours per month of training, technical, datal~ase or design support. Addfiional support will be billed at then current rate card, Agreement Professional Services Page ]0 Exhibit B Fee Schedule 3. Fees: City of AspenMlheeler Opera House shall pay to carbonhouse $13,750 upon execution of the agreement and prior to project Idckoff, $6,875 at website design approval, and $6,875 at successful project completion. In lieu of monthly fees for first year of agreement, City of AspenNVheeler Opera House shall pay $5,000 for license, support and hosting. After first year, City of AspenPJVheder Opera house shall pay carbonhouse $500 per month for on-going license, support and hosting. 4. Term. The Term of this Agreement will be three (3) years from date of agreement. Agreement Professional Services Page 11 vc MEMORANDUM TO: Mayor and City Council THROUGH: Randy Ready, Assistant City Manager FROM: John D. Krueger, Director of Transportation DATE OF MEMO: Apri15, 2010 MEETING DATE: Apri112, 2010 RE: Revised EOTC 20101/2% Transit Sales and Use Tax Budget - Free-fare Aspen -Snowmass -Woody Creek Bus Service REQUEST OF COUNCIL: Attached for your review and approval is a resolution and budget which, if approved, would authorize the following supplemental 2010 Elected Officials Transportation Committee (EOTC) 1/2 cent transit sales and use tax budget: a. Increase sales tax revenue by $174,000 to $3,523,000; b. Increase use tax revenue by $245,000 to $934,000; c. Increase RFI'A's 81.04% share of the sales tax revenue by $141,009 to $2,855,039; d. Increase the no-fare Aspen-Snowmass bus service subsidy by $296,039 to $578,760 in order to extend the service through year-end; and e. Increase the no-fare Woody Creek bus service subsidy by $1,420 to $4,030 in order to extend the service through year-end PREVIOUS COUNCIL ACTION: Changes a - c above were unanimously approved a[ the March 18's EOTC meeting. A motion to make a policy commitment to fully fund, on a year-round basis, the no-fare service between Aspen and Snowmass and Woody Creek for three years, through the end of the ski season for 2013, was approved by Pitkin County and the Town Council at the EOTC meeting but was not approved by the City Council (2-2 vote). Consequently, the EOTC requested that a budget resolution to extend the no-fare service through year-end be presented for approval at a regular meeting of each entity. BACKGROUND: The City of Aspen as a member of the EOTC is required to approve the supplemental budget by resolution. Each other member of the EOTC is also required to approve the supplemental budget by resolution or ordinance before the budgetcan be considered adopted. DISCUSSION: The EOTC at its March 18's meeting unanimously approved a revised allocation method for calculating the 2/3 designation of funds for the Entrance to Aspen. This revised method changes the calculation of the net revenue to be allocated to the Entrance to Aspen and to discretionary funding by deducting "committed funding" as well as the RFTA contribution (81.04% of ~/z sales tax) from the total of the Pitkin County'/z% sales tax and '/z% use tax. The revised allocation method is illustrated at the bottom of the attached 2010 Budget and Multi-year Plan. The Multi-year Plan also includes the estimated cost to fully fund the no-fare service between Aspen and Snowmass and Woody Creek for three years, through the end of the ski season for 2013. Adopting the resolution does not approve a throe-year commitment, however, since it only approves the 2010 revised budget column and funding for the service through year-end. The bottom line of the 2010 Budget and Multi-year Plan, "Remaining annual discretionary funding," shows that in 2010 the 2/3's net revenue allocation to the Entrance-to-Aspen is underfunded by $36,143 in order to provide year-round no-fare Aspen-Snowmass- Woody Creek service. However, if funding for year-round service were continued in 2011 and 2012, the Multi-year Plan estimates an annual surplus of discretionazy funding of $119,662 and $296,692, respectively. FINANCIAL/BUDGETIMPLKATIONS: There are no financial implications to the City as these are EOTC 1/2%o Transit Sales and Use Tax funds and not City funds. ENVIRONMENTAL IMPACTS: Free RFTA bus service between Aspen, Snowmass and Woody Creek may entice more riders to use the service and as a result may remove more vehicles off the road between Aspen and Snowmass thereby reducing traffic congestion and reducing environmental impacts to the area. RECOMMENDED ACTION: Council approval of the attached resolution to approve the revised 2010 EOTC 1/2% Transit Sales and Use Tax Budget. ALTERNATIVES: Council can decide not to approve the revised 2010 EOTC Budget and send it back to the EOTC for further discussion and approval. PROPOSED MOTION: "I move to approve Resolution # ~o~i to approve the revised 2010 EOTC Budget." ATTACHMENTS: Resolution No. ~, 2010 EOTC Budget and Multi-Year Plan RESOLUTION NO. SERIES OF 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A REVISED 2010 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen City Council, the Pitkin County Boazd of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentazy to the Plan; and b. that all expenditures and projects to be funded from the County-wide one-half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on Mazch 18, 2010, the Parties considered the following supplemental budget requests for the year 2010 for the Pitkin County one-half cent transit sales and use [ax: a. Increase sales tax revenue by $174,000 to $3,523,000; b. Increase use tax revenue by $245,000 to $934,000; c. Increase RFTA's 81.04% shaze of the sales tax revenue by $141,009 to $2,855,039; d. Increase the no-fare Aspen-Snowmass bus service subsidy by $296,039 to $578,760 in order to extend the service through year-end; and e. Increase the no-fare Woody Creek bus service subsidy by $1,420 to $4,030 in order to extend the service through year-end WHEREAS, the City of Aspen wishes to approve the supplemental budget requests by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the attached revised 2010 budget for the one-half cent transit sales and use tax is hereby approved as summarized below: Tota12010 Revenues $4,558,800 Tota12010 Expenditures $4,081,090 RESOLVED, APPROVED, AND ADOPTED this Aril l2, 2010, by the City Council for the City of Aspen, Colorado. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a we and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 12. 2010. Kathryn S. Koch, City Clerk 2010 Budget and Multi-year Plan EOTC Transit Project Funding Actual) 2009 Revised Budget 2010 Plan 2011 Plan 2012 Plan 2013 Plan 2014 a) Pitkin County l2%sales tax 3,371,170 3,523,000 3,576,000 3,630,000 3,684,000 3,739,000 b) Pitkin County i/2%use taz 959,004 934,000 981,000 1,030,000 1,082,000 1,136,000 c Investment income 8 misc. 101 800 262,800 455,800 629,800 725,800 Total Fundin Sources 4,504,174 4558800 4,819,800 5,115,800 5,395,800 5,600,800 1) Use tax collection vests 141,900 2) Administrative cost allocation 3) Bus stop safety imprvs /cab ride in-lieu 7,804 4) X-Games transit subsidy 50,000 5) Brush Creek parking expansion 6) Brush Creek parking expansion -annual operating costs 15,070 7) Snowmass Village transit improvements ($6.5 million total) 6,430,165 8) RFTA contribution(81.04°k of l/2%sales tax) 2,731,996 2,855,039 2,897,990 2,941,752 2,985,514 3,030,086 9) Buttermilk to Roundabout bus lanes, construction 538,779 ,: .'. i'886,020 carryover from'09 10) No-fare Aspen-Snowmass bus service (11/23/08-0/12/09) 186,748 11) No-fare AspenSnowmass bus service (4/13/09-6/14109) 44,012 12) No-fare Aspen-Snowmass bus service (6115/09-9/30109) 79,365 13) No-fare Aspen-Snowmass bus service(10/1/09-4/15/13) 118,843 578,760 601,910 625,987 248,625 14) No-fare Aspen-Snowmass bus service study 17,617 15 No-fare Wood Creek bus service winter and summer -4/15/13 4,030 4,191 4,359 2,936 Total Uses 3,967,148 4081090 3,760,657 3,838,437 3,463659 9,697,573 EOTC CUMULATNE SURPLUSI DEFICIT FUND BALANCE 9,501 447 8,978,167 11 038,300 12,315,883 14 247,804 10,151,031 Revenue oroiedions: a) sales tax -16.4% 4.5% 1.5% 1.5% 1.5% 1.5% b) use tax -2.6 % 5.0% 5.0% 5.0% 5.0% c) invesMent earnings rate 1.0% 2.5% 4.0% 5.0% 5.0% itkin County 1l2°~ sales tax 3,523,000 3,576,000 itkin County 1/2% use tax 934,000 981,000 less wmmitted funding less RFTA wntribution (81.04°h of 1/2% sales tax) (2,855,039) (2,897,990 et revenue to be allocated 1,364,810 1,409,221 Annual 2l3's allocation to Entrance-to-Aspen 909,873 939,481 plus use to carry-ovens/Snowmass transit imprvs) 3,630,000 3,684,000 3,739,000 185 4/88010 tOEOTC b.xlsx VI I aL MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director / ~ V~ I. Drew Alexander, Interim Zoning Officer 'DA l-/V~VV~ RE: Land Use Code Amendments -Ordinance No.~, Series 2010 -First Readine Temporary Outdoor Food Vending Signage Public Amenity Space MEETING DATE: April 12, 2010 SUMMARY: The City of Aspen Community Development Department has initiated amendments to the Aspen Land Use Code in the areas of outdoor merchandising, temporary food vending, and signage in response to a work session held with City Council in September of 2009. The work session referenced above was held in order to gain Council's opinion on existing conditions related to the market environment in and around the Commercial Core. More specifically, this discussion involved outdoor merchandising, temporary outdoor food vending regulations, sandwich board signs, and outdoor dining. Staff researched the code and drafted an implementation strategy for language changes. The following Land Use Code Sections were grouped together for the initial text amendment review: • 26.470.060.7, Temporary outdoor food vending, • 26.510.110.B.4, Signs on public right-of-way, and • 26.575.030.F, Public Amenity (outdoor merchandising) A comprehensive Sign Code rewrite is still under review by the Planning and Zoning Commission and has been scheduled for a separate and independent review. The amendments have been reviewed by the P&Z on December 15`x, 2009 and January 5`h, 2010 where a recommendation of approval was granted under Resolution No. 1, Series of 2010. Staff recommends the Council adopt the proposed code amendments. MAIN ISSUES: 1.) Temporary Food Vending on Private Property: City Council and Community Development Staff were in agreement that more flexibility and choices for individuals pursuing a food vending cart permit would aid in adding vitality to the downtown. The proposed changes add to the existing program and maintain market fairness in the community between outdoor food vendors and those that pay interior rents. The changes to code include location, duration and signage revisions. Location: The proposed code language allows for food vending carts to operate in new locations. The first of these areas is the Commercial Lodge (CL) zone district and Gondola Plaza. These areas occupy a portion of the base of Aspen Mountain and include properties such as Aspen Square, Residences at Little Nell, and the North of Nell. The second proposed location includes the interior arcade malls within properties in the Commercial Core (CC) and the Commercial Lodge (CL) zone districts. Vending carts located in arcades must obtain property owner consent and from all businesses who have access along the arcade. The proposed location language additionally states that the operator is limited to one location and the cart shall be installed and not intended to move on a day-to-day basis. Duration: Currently, temporary food vending permits are allowed to operate on a six month basis. The code does not specify whether or not this is within an annual year, or if the operator can stop vending for one day and then begin operating again for another six months. The proposed code language allows for vendors to receive a yearlong permit, starting May 15 and ending May 14. When the year duration has expired, the operator is subject to review and resubmittal of fees. If the vendor is deemed noncompliant with the code the permit may be revoked. signage: The proposed code language exempts food vending cart signage from those requirements found within Land Use Code Section 26.510, Signs. This exemption does not include the section on Prohibited Signs found within that Chapter. The size of the sign shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or eight (8) square feet. The sign shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts in locations that have no visibility along the public right-of--way shall be allowed one sandwich board sign in accordance with the regulations found within Section 26.510.130.D.e. l.) Outdoor Merchaudising: The main concern with outdoor merchandising is that the code prohibits it from occurring, yet it is commonplace throughout town. Most of the activity includes clothing, sportswear, bicycles, or artwork. City Council informed staff that they believed the current amount of outdoor merchandising was acceptable, but that the code needs to match existing conditions and to have some level of control. The proposed code language now allows for outdoor merchandising in public amenity space or private space. Additionally, this language requires that outdoor merchandising be in front of or proximate to the storefront it is associatcd with. The merchandising must be associated with a commercial use on the same parcel. The code language also prohibits the installation of umbrellas, retractable canopies, or similar devices in conjunction with outdoor merchandising displays. 3.) Signage: This code language change to the sign cods refers to signs (banners and flags) on Main Street light posts. The proposed language addresses some repetition that existed between the Purpose and Eligibility portions of this Section. This revision would give the City Clerk more confidence in granting sign approvals, and would also greatly reduce the number of banner or flag sign proposals being presented to the City Council. No requirements or review standazds have been altered. Staff would like to create a sepazate Land Use Code chapter for Signs on Public Property. Amore comprehensive re-write of the Sign Code will be presented to Council at a later date. APPLICANT: City of Aspen PREVIOUS ACTION: Work sessions were held with CCLC and City Council in addition to a survey that was distributed by ACRA to local retailers. REVIEW PROCEDURE: Text Amendment. At a duly noticed public heazing, the Planning and Zoning Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. City Council is the final review authority. RECOMMENDATION: Staff recommends the City Council approve the City-initiated amendments to Temporary Food Vending, Public Amenity, Signage, as described in Ordinance ~, Series of 2010. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Ordinance No. ~, Series of 2010 on first reading." ATTACHMENTS: Exhibit A.1 -Existing text for Outdoor Vending Exhibit A.2 -Redlined text for Outdoor Vending Exhibit B.1 -Existing text for Main Street banners Exhibit B.2 -Redlined text for Main Street banners Exhibit C.1 -Existing text for Pedestrian Amenity Exhibit C.2 -Redlined text for Pedestrian Amenity Ordinance No. ~, 2010, for Outdoor Merchandising, Outdoor Vending, and Main Street Banners Exhibit A.1 Temporary Outdoor Food Vending Revision of Land Use Code: (Existing Language) 7. Temporary outdoor food vending. A temporary use of outdoor food vending by a restaurant or retailer on private property, private open space or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone District shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a) The temporary operation shall be permitted for a specified period not to exceed six (6) months in durations or as otherwise limited by a mall lease. b) The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. c) Temporary outdoor food vending may only occur by or in association with restaurant or retail uses and with the approval of the restaurant or retail establishment's owner in which the outdoor food vending is associated and located adjacent to. d) An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. e) The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. f) The outdoor food vending activities may occur year-round. An application for an an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. g) An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, .fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. ~ ,~.. Temporary Outdoor Food Vending Revision of Land Use Code: (Revised Redline) 7. Temporary Food Vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Gondola Plaza ,Commercial Core (CC) qr Commercial Lodge (CI_) Lone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a~ Location: All food vending shall be located in the upper and lower Gondola Plaza Commercial Core (CC) or Commercial Lodge (CL) zone districts. The temporary operation shall under no circumstance be located in or along the public right-of-wad manner that inhibits the movement of pedestrian or vehicular traffic Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. Other criteria that applications must be in compliance «ith: 1. Multiple vending sites shall not be allowed for any single owner or enti 2. The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 3. The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (61 foot in rg ess/egress shall be maintained for building entrances and exits. 4. Before a food vcn~iin~~ cac-t can begin operating, it must receive approval from the operty owner and all adjacent businesses b) Duration: The temporary food vending operationshall be permitted to operate for a period of one ~~ear. be~innin<~ Mav 1 ~ and endin~Y Mav 14. At the end of this period the operation shall be subject to review by the City Clerk and the Community Development Department. If all criteria are still met then the operator may receive a permit renewal. c) Fee: The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section ?6.10=1.070. land use application fees. d) Size: The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. e) Signa~;e: Siege for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510 Signs but not excludi~ Prohibited Signs. The total amount of siuna~e shall be the lesser of liftv percent (50% of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any loos, letterin~gna~e on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. f) An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open-flame char- broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. g) Affordable Housing Waiver: The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. h) The outdoor food vending activities may occur year-round. An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. i) An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Exhibit B.1 Signs on Main St. Light Posts Revision of Land Use Code: (Existing Language) 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate very special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries beginning at the organization's tenth (10th) year of local nonprofit organizations and for prominent local, regional, state or national events. Prominent local, regional, state or national events shall include recurring annual events or events that are considered significant to a large segment of the community. The United States, Colorado, Aspen and foreign country flags shall be permitted at the discretion of the City Manager, Mayor or City Council. b. Size/number/material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. c. Content. Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30%) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. d. Cost/fees/procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior [o the event. Flags are required to be delivered to the City Parks Department one (I) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. e. Eligibility. Only applications for significant anniversaries as defined in Subparagraph 26.SIO.Il0.B.4.a of local nonprofit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. f Duration. The display of banners and Flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. ~. ~ Signs on Main St. Light Posts Revision of Land Use Code: (Revised Redline) 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionallX advertised through the use of banners or flags hung from the City-owned light posts on Main Street. b. Eli ig bility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations be inning at the organization's tenth (10th) Year and for events that are considered relevant to a large segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size/number/material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d. Content. Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30%) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. e. Cost/fees/procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (i) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. f. Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Public Amenity Exhibit C.1 Revision of Land Use Code: _ (Existing Language) F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Omen to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights-of--way shall be excluded from public amenity calculations. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of [he street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscaping plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of landscapine. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Commercial activity. No area of a building site designated as required public amenity space under this Section shall be used for any commercial activity, including but not limited to the storage, display and merchandising of goods and services; provided, however, that the prohibition of this Paragraph shall not apply when such use is in conjunction with permitted commercial activity on an abutting right-of--way or is otherwise permitted by the City. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 10. Commercial restaurant use. The provisions above notwithstanding, required public amenity space may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. 11. Design guideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) ~.~ Public Amenity Revision of Land Use Code: (Revised Redline) F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 2b.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights-of--way shall be excluded from public amenity calculations. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. (n the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscaping plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of landsca~n~. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Outdoor Merchandising on Private Property. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not {,rant transient sales from peddlers who are not associated with an adjacent commercial operation. In addition, outdoor merchandising must meet the following requirements: Merchandise must be maintained, orderly and located in front of or proximate to the storeti~i~nt related to the sales. b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along The size and amount of merchandise allowed is under the discretion of thepropert~owner. d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) Merchandise shall be displayed for sale with the abili for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right-of-way or otherwise permitted by the Ci 10. Outdoor Restaurant Seating on Private Property. Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. Far outdoor food vendin>; in the Commercial Core District, also see Paraaragh 26.470.040.8.3, Admini,trative rowth management review 11. Design guideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Desig Objectives and Guidelines, (Ord. No. 55-2000, § 15; Ord. No. 1-2002, § l 6; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) ORDINANCE N0. (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTIONS FO THE CITY OF ASPEN LAND USE CODE: 26.470.060.7, 26.510.110.B.4, AND 26.575.030.E WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.470.060.7, 26.510.110.B.4, and 26.575.030.E of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing on December 15, 2009, the Planning and Zoning Commission continued a hearing to consider the proposed amendments as described herein to January 5, 2010. WHEREAS, the Planning and Zoning Commission held a duly noticed public heazing to consider the proposed amendments described herein on January 5, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a 7 - 0 vote, City Council adopt the proposed amendments. WHEREAS, during a duly noticed public heazing on May 10`h, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. City of Aspen City Council Ordinance No. _, Series of 2010 Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.470.060.7, Temporary Outdoor Food Vending, which section defines, describes, authorizes, and regulates the process for establishing a food vending cart within the City of Aspen to read as follows: 7. Temporary Food Vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Gondola Plaza, Commercial Core (CC) or Commercial Lodge (CL) 'Lone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a) Location: All food vending shall be located in the upper and lower Gondola Plaza, Commercial Core (CC) or Commercial Lodge (CL) zone districts. The temporary operation shall under no circumstance be located in or along the public right-of--way in a manner that inhibits the movement of pedestrian or vehicular traffic. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. Other criteria that applications must be in compliance with: 1. Multiple vending sites shall not be allowed for any single owner or entity. 2. The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 3. The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. 4. Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. b) Duration: The temporary food vending operation shall be permitted to operate For a period of one year, beginning May 15 and ending May 14. At the end of this period, the operation shall be subject to review by the City Clerk and the Community Development Department. If all criteria are still met then the operator may receive a permit renewal. City of Aspen City Council Ordinance No. _, Series of 2010 Page 2 c) Fee: The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. d) Size: The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. e) Signage: Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of Signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or Signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. f) An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. g) Affordable Housing Waiver: The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. h) The outdoor food vending activities may occur year-round. An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. i) An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Section 2: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.S10.I10.B.4, Banners and Flags on Main St. City of Aspen City Council Ordinance No. _, Series of 2010 Page 3 Light Posts, which section defines, describes, authorizes, and regulates the availability to installed banners and flags on Main Street light posts, to read as follows: 4. Banners and flags on Main Street light posts. a. Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. b. Eligibility. Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that aze considered relevant to a large segment of the local community. The United States, Colorado, Aspen or foreign country flags shall be permitted at the discretion of the City Manager. c. Size/number/material. All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. d. Content. Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than thirty percent (30%) of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. e. Cost/fees/procedures. The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section g below for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. City of Aspen City Council Ordinance No. _, Series of 2010 Page 4 f Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. Section 3: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.575.030.F, Public Amenity -Design and Operational Standards for Public Amenity, which section defines, describes, authorizes, and regulates the City of Aspen's required public amenity areas, included those operations that can occur within, to read as follows: F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights-of--way shall be excluded from public amenity calculations. City of Aspen City Council Ordinance No. _, Series of 2010 Page 5 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscapin~alan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of landscanine. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping. requirements of this Section. 9. Outdoor Merchandising on Private Prop. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. In addition, outdoor merchandising must meet the following requirements: a) Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the sales. b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of-way. All merchandising shall be located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) The size and amount of merchandise allowed is under the discretion of the property owner. d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall no[ be used solely for storage. fhe prohibition of storage shall be limited [o merchandising on private property and shall not apply to permitted commercial activity on an abutting right-of-way or otherwise permitted by the City. 10. Outdoor Restaurant Seating_on Private Property. Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.6.3, Administrative growth management review. City of Aspen City Council Ordinance No. __, Series of 2010 Page 6 11. Design guideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines, (Ord. No. 55-2000, §I5; Ord. No. I-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2) Section 4: A public hearing on the Ordinance was held on the 10`h day of May, 2010, at 5:00 p.m. in 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. Section 5: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day of May, 2010. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of Michael C. Ireland, Mayor 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney City of Aspen City Council Ordinance No. _, Series of 2010 Page 7 G ~' I ~~ ~1~ ~• ~~J • ~ ~ ~ ~'i • ~~ 1• ~~ ~I ~~ • ~. . MEMORANDUM TO: Mayor & City Council THRU: Don Taylor, Finance Director FROM: Don Pergande, Budget Officer DATE: April 5~", 2010 RE: First Reading: Adoption of Budget Supplemental -Ordinance No. ~~ (Series 2010) this item will be discussed on Monday, April 12`h, 2010 Staff is requesting an amendment to the City's 2010 budget that increases the city-wide total expenditure appropriation from $91.7 to $112.3 million, (See Attachment A). Net of inter fund transfers, budget authority increases from $67.0 to $87.3 million. Interfund transfers are required appropriations between City funds that do not reflect the true cost of operations. Attachment F provides a detailed listing of budgeted 2010 interfund transfers. The exhibit below outlines the supplemental requests impact on the City's overall appropriation authority. The reference attachments provide itemized listings of requested supplemental budget authority. Description Amount Location 2010 Adopted Budget: $91,732,690 See Attachment A Total New Requests: $426,300 See Attachment B Total Manager Savings: $326,130 See Attachment C Total Carry forward Savings: $2,358,860 See Attachment C Tota1100%carryforwards: $17,095,090 SeeAttachmentD Technical Adjustments: $321,230 See Attachment E Total Budget Requests: $20,527,610 See Attachment A TOTAL ORDINANCE: $112,260,300 See Attachment A Less Interfund Transfers $24,948,610 See Attachment F NET APPROPRIATIONS: $87,311,690 See Attachment A As noted in the chart above, this supplemental is mostly comprised of annual capital carry-forward appropriations. These requests are for projects previously appropriated and for which cash reserves exist. Different categories of requests include: • Attachment B: "New Requests" of $426,300 include requests for formal appropriation of funding issues previously reviewed by Council during this fiscal year, new requests, and capital requests that have gone beyond the two year automatic re-appropriation time frame provided by the City's Asset Management process. Narrative justification of each new request is provided as part of this memorandum below as well as in the memorandums at the end of this packet provided by departmental staff. • Attachment C: "Manager 10% Carry-forward Savings" of $326,130 represents 10% of operating budget savings from all departments of the City in previous years. These one-time appropriations are allocated to the City Manager's office for use in addressing mid-year issues with citywide implications. • Attachment C: "Departmental 50% Carry-forward Savings" of $2,358,860 represents 50% of previous years operating budget savings for individual departments. Departments are allocated these amounts as a reward to finding efficiencies in their operations that allow them to meet their operating goals while spending less than their total appropriations. These one-time appropriations can be spent on items related to the department's mission. • Attachment D: "Departmental 100% Carry-forward Requests" are for operating items and capital improvement projects budgeted in 2009 that require completion in 2010. These requests total $17,095,090. This category also includes the City's personal computer and workstation replacement programs which keeps the City's computer technology new and efficient. Attachment D details these requests by department. • Attachment E: This attachment details all of the technical adjustments in 2010, totaling $321,230. Technical adjustments include accounting transactions needed to administer decisions made by City Council or City policy, formal appropriations of previously approved projects and oversights in budget entry. Attachment F: This attachment details all budgeted interfund transfers for 2010, totaling $24,948,610. Interfund transfers are required appropriations that do not reflect the true cost of operations. New Requests General Fund Finance Department- The City finance Department is requesting $5,500 in total. In 2010, the Finance Department used $86,340 of departmental savings for the acquisition of an electronic timekeeping system for the City of Aspen. This system has a yearly maintenance cost of $5,500. This ongoing maintenance cost as well as the acquisition was approved at the March 22nd work session. This is the formal request for the appropriation of the operational funding. Planning Department -The Planning Department requests total $15,730. $7,000 is for revisions to the historic context papers. $300 is for a historical marker for the first voluntarily designated post- war property. $3,000 is for a contribution towards the Mountain Modern Module seminar in Aspen. $690 is for a historic preservation outreach movie that Aspen co-sponsored. $4,740 is requested to complete the AACP project in 2010. See the memo at the back of this packet for additional details on the above requests. Building Department- The Building Department requests total $28,500. $26,000 is requested to fund a retirement payout per City policies. $2,500 is requested to support the building code board of appeals and public process in the adoption of the 2009 international codes. See the memo at the back of this packet for additional details on the above requests. Special Events- The Special Events Department request totals $12,000. Staff was directed by Council to make this request at a previous work session. This request is to increase the marketing and advertising of established events with growth potential. These are the Aspen Cycling Criterium, the Aspen Triathlon and the Golden Leaf. These funds will be used to further our advertising and increase participation. See the memo at the back of this packet for additional details on the above request. New Requests All Other Funds Wheeler Fund- The Wheeler Fund requests total $151,500. $111,500 is for capital projects to substantially improve the Wheeler's operational and energy efficiency. $40,000 is for the marketing budget to construct and support the singer song writer festival project presented to Council on February 23`d. See the memo at the back of this packet for additional details on the above requests. Renewable Energy Fund- The Renewable Energy Fund request totals $126,730. The contract for the purchase, installation of all materials, as well as all construction activities associated with the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures is $126,730 higher than the estimated cost. This request increases the budget of the project to match up with the contract amount. This additional funding request will be funded with a transfer from the Water Fund's fund balance. See the memo at the back of this packet for additional details on the above requests. Asset Management Fund- The Asset Management Fund request totals $86,340. In 2010, the Finance Department used $86,340 of departmental savings for the acquisition of an electronic timekeeping system for the City of Aspen. This acquisition was approved by Council at the March 22"d work session. This is the formal request for the appropriation of the funding. See the memo at the back of this packet for additional details on the above requests. Technical Adjustment Technical adjustments include accounting transactions needed to administer decisions made by City Council or City policy, formal appropriations of previously approved projects and oversights in budget entry. The technical adjustments in this packet total $321,230. The details related to these adjustments can be found on attachment E of this packet. ORDINANCE NO. ~~ (Series of 2010) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $2,470,400, AN INCREASE IN THE GENERAL FUND OF $2,342,230, AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $65,140, AN INCREASE IN THE WHEELER OPERA HOUSE FUND OF $664,070, AN INCREASE IN THE TRANSPORTATION FUND OF $456,400, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $1,630,190, AN INCREASE IN THE HIDS FIRST FUND OF $257,360, AN INCREASE IN THE STORMWATER FUND OF $381,980, AN REDUCTION IN THE DEBT SERVICE FUND OF $30,890, AN INCREASE IN THE PARKS AND OPEN SPACE CAPITAL FUND OF $1,378,530, AN INCREASE IN THE WATER FUND OF $3,047,750, AN INCREASE IN THE ELECTRIC FUND OF $1,775,930, AN INCREASE IN THE RENEWABLE ENERGY FUND OF $5,275,220, AN INCREASE IN THE PARKING FUND OF $515,200, AN INCREASE IN THE GOLF COURSE FUND OF $135,000, AN INCREASE IN THE TRUSCOTT FUND OF $140,030, A REDUCTION IN THE MAROLT FUND OF $3,420, AN INCEASE IN THE EMPLOYEE HEALTH INSUARANCE FUND OF $19,000, AN INCREASE IN THE EMPLOYEE HOUSING FUND OF $14,080, A REDUCTION IN THE HOUSING ADMINASTRITION FUND OF $11,590 AND AN INCREASE IN THE SMUGGLER FUND OF $5,000. WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may make supplemental appropriations; and WHEREAS, the City Manager has certified that the City has unappropriated current year revenues and/or unappropriated prior year fund balance available for appropriations in the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND, PARKS AND OPEN SPACE FUND, WHEELER OPERA HOUSE FUND, CITY TOURISM PROMOTIONAL FUND, TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND, KIDS FIRST FUND, STORMWATER FUND, DEBT SERVICE FUND, PARKS AND OPEN SPACE CAPITAL FUND, WATER UTILITY FUND, ELECTRIC UTILITY FUND, RENEWABLE ENERGY FUND, PARKING FUND, GOLF COURSE FUND, TRUSCOTT HOUSING FUND, MAROLT HOUSING FUND, EMPLOYEE HEALTH INSURANCE FUND, EMPLOYEE HOUSING FUND, HOUSING ADMINISTRATION FUND AND SMUGGLER HOUSING FUND. WHEREAS, the City Council is advised that certain expenditures, revenue and transfers must be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Upon the City Manager's certification that there are current year revenues and/or prior year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN FUND, GENERAL FUND, PARKS AND OPEN SPACE FUND, WHEELER OPERA HOUSE FUND, CITY TOURISM PROMOTIONAL FUND, TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND, KIDS FIRST FUND, STORMWATER FUND, DEBT SERVICE FUND, PARKS AND OPEN SPACE CAPITAL FUND, WATER UTILITY FUND, ELECTRIC UTILITY FUND, RENEWABLE ENERGY FUND, PARKING FUND, GOLF COURSE FUND, TRUSCOTT HOUSING FUND, MAROLT HOUSING FUND, EMPLOYEE HEALTH INSURANCE FUND, EMPLOYEE HOUSING FUND, HOUSING ADMINISTRATION FUND AND SMUGGLER HOUSING FUND: the City Counci] hereby makes supplemental appropriations as itemized in the Attachment A. Section 2 If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 12th day of April, 2010. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY ADOPTED AFTER PUBLIC HEARING on the 26th day of April, 2010. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to Form: John Worcester, City Attorney Q c N E L U A Q ,3a • v a I _ ~ __ H ' 3 ~ ~ ti ' e , t f ~ . ' ' it s ? i . ., i a e v c - ~ a ac LL ~ ? v c a u ~' u r ?~ ?~ C 4 C V W 9 '2 a 0 a a E E e ~ ~° io o a o a a z °c 2 Pn ? v 9°~ m m .~ LL= °° `~ w_ m ~ d a' ~ p r, s ='d L~ c Y ~= .cd. a °o a 'p w d LL 'J` r w ,c ~ d o g a E t~ w~ 0 v o 0 E Y o v u d h 2~ 0 i s u° l? w° N io 'o w ~' E ~ a ~ O D i C F- c z a F a~ u ;L E o 'K N o .d. o P ;, '" ? c u° o o c o' o' `d .d. m m o ~ e a ~ "d' a°~ n ,` l A o- 5~ a a~ 'qn ~i ~ u .. G o g~ °.i c w W °a 2 0 N°i " u ILL U' a V' N N 6 3 V H 2 w Y~ N C 0 N V w N W ~i w 6' 6 U F~ N N F 2 N Q City of Aspen Attachment B 20095upplemental Budget New Funding Requests All Requests are one-time unless otherwise noted. Department /Fund New Request Description Amount Subtotal by Deot. General Fund ,.~''~4 , ~~ '= .,I ~ -~...~'~ ~= ,., _ Finance 001.11.11000.82999 Ongoing maintenance costs associated with the acquisition of the electronic $5,500 timekeeping system approved on March 22, 2010. This is an ongoing request. Subtotal, finance $5,500 Planning 001.13.13400.82* Revisions and research to the historic preservation context papers -approved in $7,000 the March 2, 2010 Council work session. See memo for details. 001.13.13400.82* First voluntarily designated post-war property has requested a marker be created $300 for their home. In January, Council agreed to allocate $300 in fund funding towards this historical marker. 001.13.13400.82* Aspen has been selected for the Mountain Modern Module seminar and to 53,000 represent the Mountain/Plains region over Denver and Salt Lake City. The National Trust will be funding the majority of the costs, but has asked the City to contribute $3,000. See memo for details. 001.13.13400.* City of Aspen is co-sponsors of a historic preservation outreach movie. See memo $690 for details. $350 of this request is offset 6y co-sponsors contributions. 001.13.47501.82900 Additional Funds are requested to complete the AACP project and to continue $4,740 hosting the www.aspencommunityvision.com website through 2010. See memo for details. Subtotal, Planning $15,730 Building 001.21.21100.50012 Employee retirement payout -per City of Aspen policies $26,000 001.21.21000.83* This request is to support the building code board of appeals and public process $2,500 in adoption of the 2009 international Lodes. This is a joint project that the City and County will work on together. See memo for details. Subtotal, Environmental Health $28,500 Special Events 001.70.71050.82140 This request is per Council's direction in a previous work session. This request is $12,000 to increase the marketing and advertising of established events with growth potential. These are the Aspen Cycling Criterium, the Aspen Triathlon and the Golden Leaf. These funds will be used to further our advertising and increase participation. See memo for details. Subtotal, Special Events $12,000 Subtotal, General Fund $61,730 YVheeter"FiJrid ~ .' ,.,` ~..;, ' ° `. .. 120.94.xxxxx." Hot water heaters -See memo for details $17,000 120.94.xxxxx.* Passive tooling array for the chill water system. See memo for details. $35,000 120.94.xxxxx.* Reengineering outside air ducting. See memo for details. $12,000 120.94.xxxxx.* Replace condenser coil in hermetic scroll liquid chiller. See memo for details $15,000 120.94.xxxxx.* Additional ticketing system costs approved by Council on January 25, 2010. See $32,500 memo for details. 120.93.93200.82140 Marketing budget to construct and support the singer song writer festival project $40,000 presented to Council on February 23, 2010. See memo for details. Subtotal. Wheeler Fund $151,500 Att B. New Requests Page 1 City of Aspen 2009 Supplemental Budget New Funding Requests All Requests are one-time unless otherwise noted. Attachment B Department /Fund New Request Description Amount Subtotal by Deot. Renewable EnergyFund . ~~ .... ~ . ~ ~ , : ~ - _ _ ,;.,:.. . .. .i: .: :__ __. .. ,. ,: .: ..,:.:, ~:. :. ~ ~:. _. 444.94.xxxxx.' ~ The contract far the purchase, installation of all materials, as well as all $126,730 construction activities associated with the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures is $126,730 higher thou the estimated cast. This request increases the budget of the project to match up with the contract amount. This additional funding request will be funded with a transfer from the Water Fund's fund balance. See the memo at the back of this packet for additional details an the above requests. Renewable Energy Fund 000.11.xxxxx.88299 Electronic time keeping acquisition and implementation. This was approved by Council at the March 22, 2010 work session. This project is 100%funded with the Finance departmental savings. See memofor details Subtotal, Asset Management Plan Fund Total New Requests All Funds: Total New Requests After Offsetting Funding Source: 'Italics Indicates offsetting funding source $86,340 $426,300 $426,300 $339,610 Att B. New Requests Page 2 Attachment C City of Aspen 2010 Supplemental Budget Request 10%and 50%Carryforward Requests Central Operating Budget Department Savings "10%" Savings "50%" Council $10,010 City Manager $259,920 $69,640 Human Resources/Risk $69,620 City Clerk $86,840 Finance $118,260 Planning $11,830 Engineering $141,220 Building $6,200 Environmental Health $5,150 Police $381,200 Records $26,640 Streets $311,450 GIS and Information Technology $55,200 Special Events $13,110 General Fund Subtotal Departmental Savings $259,920 $1,306,370 Parks and Open Space Fund $3,010 $86,440 Wheeler Opera House Fund $5,880 $162,510 Transportation Fund $7,750 $126,160 Kids First Fund $5,960 $88,130 Water Utility Fund $13,200 $190,450 Electric Utility Fund $11,680 $158,540 Parking Fund $18,730 $240,260 All Other Funds Subtotal Departmental Savings $66,210 $1,052,490 Total Savings $326,130 $2,358,860 City of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department /Fund ' Description Amount Department ral Fund' ~# ~ . ~.: Gerie ..r .. .: .. ~ .:: . _, ~ ~< :~. City Manager ._ ... .. .. .. .. 001.05.05000.83625 Workstation Replacement $6,400 001.05.05000.83655 PC Replacement $14,460 Subtotal, City Manager $20,860 HR /Risk Management 001.06.06000.83625 Workstation Replacement $11,010 001.06.06000.83655 PC Replacement $8,470 Subtotal, Human Resources $19,480 City Clerk 001.07.07000.83625 Workstation Replacement $3,100 001.07,07000.83655 PC Replacement $16,920 Subtotal, City Clerk $20,020 City Attorney 001.09.09000.83625 Workstation Replacement $1,410 001.09.09000.83655 PC Replacement $0 Subtotal, City Attorney $1,410 Finance 001.11.11000.83625 Workstation Replacement $19,050 001.11.11000.83655 PC Replacement $7,900 Subtotal, Finance Department $26,950 Planning 001.13.13200.83625 Workstation Replacement $15,010 001.13.13200.83635 Equipment Maintenance and Repair $21,410 001.13.13200.83655 PC Replacement $6,510 001.13.47501.82900 Aspen Area Community Plan $12,470 Subtotal, Planning $55,400 Engineering 001.15.15000.83625 Workstation Replacement Carry forward $5,810 001.15.15000.83655 PC Replacement Carry forward: $1,740 Subtotal, Engineering $7,550 Building 001.21.21000.83625 Workstation Replacement $3,800 001.21.21000.83655 PC Replacement $11,670 Subtotal, Building $15,470 Environmental Health 001.25.25500.83625 Workstation Replacement $6,820 001.25.25500.83655 PC Replacement $8,580 001.25.25500.82800 Ozone Monitoring-100%offse[by air mitigation fees 518,820 Subtotal, Environmental Health $34,220 Police 001.31.31000.83625 Workstation Replacement $27,820 001.31.31000.83635 Equipment Maintenance and Repair $76,530 001.31.31000.83655 PC Replacement $30,050 Subtotal, Police $134,400 Records 001.33.33000.83625 Workstation Replacement $1,170 001.33.33000.83655 PC Replacement $2,230 Subtotal, Records $3,400 Streets 001.41.41000.83625 Workstation Replacement $8,720 001.41.41000.83635 Equipment Maintenance and Repair $63,390 001.41.41000.83655 PC Replacement $4,450 Subtotal, Streets $76,560 Geographic Info System 001.60.60000.83625 Workstation Replacement $3,590 001.60.60000.83655 PC Replacement $2,560 Subtotal, Geographic Information System $6,150 City of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100% Carry Forward Appropriation Request Subtotal by Department /Fund Description Amount Department Information Technology 001.61.61000.83625 Workstation Replacement $10,700 001.61.61000.83655 PC Replacement $7,370 Subtotal, Information Technology $18,070 Special Events 001.70.71000.83625 Workstation Replacement $1,970 001.70.71000.83655 PC Replacement $2,210 Subtotal, Special Events $4,180 Recreation 001.71.71000.83625 Workstation Replacement $5,200 001.71.71000.83655 PC Replacement $20 001.71.71000.84133 Max Marolt Scholarship $900 Subtotal, Recreation $fi,120 Aspen Recreation Center 001.72.72000.83625 Workstation Replacement $11,450 001.72.72000.83655 PC Replacement $4,340 001.72.72700.83625 Workstation Replacement $2,730 001.72.72700.83655 PC Replacement $4,080 Subtotal, Aspen Recreation Center $22,600 Ice Garden 001.74.74000.83625 Workstation Replacement $7,070 001.74.74000.83655 PC Replacement $7,280 Subtotal, Aspen Ice Garden $14,350 Asset Management 001.91.05000.83625 Workstation Replacement $6,520 001.91.05000.83655 PC Replacement $12,660 Subtotal, Asset Management $19,180 Subtotal, General Fund $506,370 Parkland Opert SpasePond 100.55.55000.83625 Workstation Replacement $4,140 100.55.55000.83655 PC Replacement $2,440 Subtotal, Parks and Open Space Fund 56,580 Wheeler Opera House Fund _ ., .., ,. , . 120.93.93000.83625 Workstation Replacement $6,690 120.93.93000.83635 Equipment Maintenance and Repair $18,970 120.93.93000.83655 PC Replacement $31,560 120.93.93150.82900 21st Century Master Plan $165,900 120.94.81022.86000 Roof Repair /Replacement $13,700 120.94.81023.86000 Stage Lighting Improvement $9,600 120.94.81024.86000 General Building Maintenance $12,000 120.94.81027.86000 Painting $24,000 Subtotal, Wheeler Opera House Fund $282.420 Transportatlon Fund . ;- .. . - .. . 141.34.34000.83625 Workstation Replacement $13,810 141.34.34000.83635 Equipment Maintenance and Repair $34,090 141.34.34000.83655 PC Replacement $12,720 141.34.34000.83915 CMAQ-Car share Program $10,000 141.34.34000.82140 CMAQ-Rideshare Matching System $6,000 141.34.34000.82180 Power Plant Road Restrictions and ETA Analysis $20,000 141.94.81141.86000 CMAQ Project - $163,000 is offset by gran[ funding $194,000 141.94.83055.86000 Ruby Park Facility Improvements $31,870 Subtotal, Transportation Fund 5322,490 City Of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100% Carry Forward Appropriation Request Subtotal by Department /Fund Description Amount Department 150.23.23120.86000 Annie Mitchell $130,000 150.23.23121.88299 Burlingame Phase I $209,310 150.23.23150.86299 Burlingame Single Family Home Lot Subsidies $56,780 150.67.23700.88299 Burlingame Phase II - IPD Design $1,151,880 150.94.94138.86000 910 West Hallam 5[. # 11 $g2,22p Subtotal, Housing Development Fund $1,630,190 Kids First Fond I`, r =` 152.24.24000.83625 Workstation Replacement $4,190 152.24.24000.83655 PC Replacement $730 152.24,24000.82999 Training and Facilitation $6,000 152.24.24100.82911 Grant Funding Distributed in 2010 $80,500 152.94.81022.86000 Roof Repair/Replacement $40,190 152.94.81136.86000 Burlingame Childcare-Capacity Planning $7,270 152.94.94207.86000 RCXAUtoma[ian-MCKinstry-$13,260 is offse[by grant $17,650 funding 152.94.94208.86000 Yellow Brick Lighting-MCKinstry-100%offset by grant $6,740 funding Subtotal, Kids First Fund . $163,270 StormwaLer Fund `~ ~ ., , , - ~ - ~ ~ ~ ~ ~~~ 160.42.16300.83625 Workstation Replacement $180 160.42.16300.83655 PC Replacement $370 160.94.81116.86000 Drainage Criteria Manual $67,320 160.94.81115.86000 Rio Grande Park Redesign $14,110 160.94.82051.86000 Mill Street Pipe Extension-Jenny Adair $300,000 Subtotal, Stormwater Fund $381,980 Parks. and Open Space Capital Fund. ~ ~ ~ 340.94.81096.86000 Triangle Park $26,460 340.94.81155.86000 Deer Hill Interpretation Trail $33,850 340.94.81156.86000 East of Aspen Trail Phase II $1,006,090 340.94.81157.86000 No Problem loe Trail $49,500 340.94.81161.86000 Lo[ C Neighborhood Park $16,290 340.94.82004.86000 Ped Trail Development $7,040 340.94.82006.86000 Nordic Trail Development $g,22p 340.94.82008.86000 Miscellaneous Trail Overlays $13,570 340.94.82099.86000 Smuggler Mountain Reclamation and Restoration $175,000 340.94.82127.86000 Trash Can Replacement $10,000 340.94.83009.86000 General Park Improvements $2,310 340.94.83044.86000 Trailers $15,000 340.94.83060.86000 City Phone Systems $2,530 340.94.94204.86000 Lighting-MCKinstry-$900 is offse[by rebote revenue $11,670 Subtotal, Parks and Open Space Capital Fund $1,378,530 '_ " [ t. . 421.43.43000.83625 Workstation Replacement , $4,120 421.43.43000.83635 Equipment Maintenance and Repair $12,580 421.43.43000.83655 PC Replacement $3,560 421.94.44101.88299 Site Improvements $1,400 421.94.44103.88299 East Treatment Plant $30,000 421.94.44104.88299 West Treatment Plant $89,980 421.94.44105.88299 Administrative Building $250,000 421.94.44107.88299 Distribution/Electric Building $5,210 421.94.44108.88299 Backwash Pond Improvements $4,290 421.94.44110.88299 Storage Shed $20,000 City of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100% Carry Forward Appropriation Request Subtotal by Department /Fund Description Amount Department 421.94.44114.88299 Leonard Thomas Reservoir $18,000 421.94.44202.88299 Hunter Creek Plant $2.270 421.94.44405.88299 Castle Creek Pipeline $6,500 421.94.44407.88299 Gauging Stations $10,000 421.94.44408.88299 Reclamation Project $47,170 421.94.44415.88299 PV Project $150,000 421.94.44501.88299 Raw Water Distribution $20,820 421.94.44601.88299 Mainline Replacement Program $225,000 421.94.44603.88299 Meter Replacement Program $24,900 421.94.44605.88299 Iselin/Tiehack Waterline Across Maroon $400,000 421.94.44614.88299 Burlingame/Aabc Tie-In $345,000 421.94.44615.88299 Maroon Creek Bridge Highway Crossing $342,680 421.94.44901.88299 Little Nell Well $35,220 421.94.44903.88299 RIO Grande Well $36,030 421.94.44907.88299 General Groundwater Facilities $28,680 421.94.45001.88299 I.S. Plan -Utility Billing $11,450 421.94.82057.88299 Network Systems $35,850 421.94.94209.88299 Lighting-MCKinstry-$240 is offset by rebate revenue 518,160 421.94.94210.88299 Low Profile Tank Covers- McKinstry $538,500 Subtotal, Water Utility $2,717,370 Etettdd~UtOity . : .:; ~ ~ .. .:: ' . ". 431.45.4500083625 Workstation Replacement $1,440 431.45.45000.83635 Equipment Maintenance and Repair 54,320 431.45.45000.83655 PC Replacement 52,940 431.94.44413.88299 Utility Business Plan $2,300 431.94.46103.88299 Distribution/Electric Building $11,280 431.94.46203.88299 Golf Course East Distribution System 5629,680 431.94.46206.88299 ACSD Distribution System $109,790 431.94.46207.88299 ARC Distribution System $90,980 431.94.46209.88299 Sub Station Distribution System $5,280 431.94.46401.88299 Meter Replacement $30,830 431.94.46402.88299 Maroon Creek Bridge Conduit Project $161,000 431.94.46405.88299 System Telemetry $50,000 431.94.46407.88299 Conservation Program $91,660 431.94.46409.88299 Globol Warming Projects -100%Reimbursed by CORE $195,490 431.94.81165.88299 Employee On Call Housing 5180,000 431.94.94211.86000 Lighting/Audit-MCKinstry $38,720 Subtotal, Electric Utility $1,605,710 Renewable Energy Eund : ., , , .. , . x .. .. ,.. 444.94.43503.86000 System Telemetry $10,000 444.94.43504.86000 Ruedi Maintenance $173,160 444.94.43505.86000 Ruedi Site Improvements 533,590 444.94.43560.86000 Maroon Creek Hydroelectric Facility 563,490 444.94.43570.86000 Castle Creek Hydro Electric Distribution $334,340 444.94.43571.86000 Castle Creek Hydro Penstock $409,250 444.94.43572.86000 Castle Creek Hydro Engineering $8,040 444.94.43573.86000 Castle Creek Hydro Construction $3,061,810 444.94.43574.88299 Castle Creek Pipeline Hydraulic Improvement $400,000 444.94.43575.88299 Geo Exchange Project 544,610 444.94.43576.88299 Geothermal Generation Project $483,100 444.94.43579.88299 Micro Turbines Project $91,720 444.94.43580.88299 Ground Source Heat Pumps $35,380 Subtotal, Renewable Energy Fund $5,148,490 City of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100% Carry Forward Appropriation Request Department /Fund Description Parking Fund; " , :- 451.32.32000.83625 Workstation Replacement 451.32.32000.83635 451.32.32000.83655 451.32.54000.83635 451.94.81153.88299 451.94.94212.88299 Equipment Maintenance and Repair PC Replacement Equipment Maintenance and Repair Plaza Replacement Lighting -McKinstry Subtotal, Parking Fund 471.73.73000.83625 471.73.73000.83655 471.73.73400.• 471.94.83005.86000 Workstation Replacement PC Replacement Golf Shop Operations Start Up Costs Fleet Subtotal by Department $16,490 $36,360 $15,090 $89,240 $42,640 $56,390 $256,210 $1,260 $1,480 $63,130 $55,960 471.94.94161.86000 Golf Start Up Equipment $9,130 471.94.94218.86000 Lighting/Vending Misers-McKinstry-$1,510 is offset $4,040 by rebate revenue Subtotal, Golf Course Fund $135,000 Trtutott Housing Fund _ .. 491.01.45044.83625 Workstation Replacement $2,780 491.01.45044.83655 PC Replacement $6,700 491.94.81145.86000 Truscott Master Plan $64,920 491.94.81202.86000 Video Surveillance System $15,000 491.94.82061.86000 Energy Efficiency Project $8,000 491.94.82112.86000 Appliance Replacement $18,010 491.94.82113.86000 Trash Compactor $25,900 491.94.82117.86000 100 Building Door Replacement $1,030 Subtotal, Truscott Housing Fund $142,340 Mardlt Housing Fund ~` ? ' ~ ;; ~ ~ - -. 492.01.45043.83625 Workstation Replacement ~~ $1,630 492.01.45043.83655 PC Replacement $2,970 Subtotal, Marolt Housing Fund $4,600 Employee HousingFund 505.94.81132.86000 Marolt HOUSe Renovation ~~ $1,660 505.94.82054.86000 City Housing/AABC $g,g2p 505.94.82132.86000 Water Place Furnace $4,000 Subtotal,. Employee Housing Fund $14,080 Housing adminlstration FUMt - '~ ~ ~ ~ ~ '~ ~ ~~ ~ ` 620.23.45002.83625 Workstation Replacement $7,gg0 620.23.45002.83655 PC Replacement $2,960 Subtotal, Housing Administration Fund ~ $10,400 Smuggler Housing Fund ... ~ _ .... -~ ~. ~. - '- . ... 622.94.81191.86000 Radon Remediation $5,000 Subtotal, Smuggler Housing Fund $5,000 Asset ManagemEnEPtan FSrnd _ ~ _ 000.07.82134.86000 _ Scanner For Opticallmaging System _ $10,000 000.15.81197.86000 Main Street Streetscape $53,350 000.15.82002.86000 Ped Safety Improvements $239,530 000.15.82022.86000 Survey Monuments $32,350 000.15.83075.86000 Bridge Replacement Program $155,720 000.31.31200.86000 Patrol Room Retroft $110,000 000.41.81090.86000 Effciency Measures $16,170 000.41.81140.86000 Paint Gun $10,000 000.41.82003.86000 Street Improvements $26,650 000.41.83005.86000 fleet $146,770 000.41.94194.86000 Lighting streets-McKinstry-$1,420 is offset by rebate $32,990 revenue 000.41.94200.86000 Windows streets-McKinstry $50,840 City of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100% Carry Forward Appropriation Request Subtotal by Department /Fund Description Amount Department 000.61.81152.86000 Web Development $6,490 000.61.81170.86000 Core Network-County 100% Reimbursement $84,460 000.61.81171.86000 Web Development-County 100%Reimbursement $6,490 000.61.82057.86000 Network Systems $65,000 000.61.82088.86000 Core Network $80,780 000.71.71005.86000 Mats For Gymnastics & Climbing Programs $6,430 000.72.72106.86000 Building Controls $39,000 000.72.81021.86000 Compressor $10,860 000.72.81118.86000 ARC Switch To City Electric $46,120 000.72.81126.86000 Garage Door $29,000 000.72.82062.86000 Energy Effciency-Revised Project $37,370 000.72.94184.86000 Occupancy Sensors -McKinstry -Project was lease $6,740 financed; these lease payments are 100% offset by utility savings realized by this project. 000.72.94186.86000 VDFS On Paol Pumps -McKinstry - $9,000 of [he project $92,290 was funded by a rebate and the remaining cost of the project was lease financed. These lease payments are 100%offset by utility savings realized by this project. 000.72.94187.86000 Waste Heat Recovery-McKinstry-Project was lease $295,130 financed; these lease payments are 100% offset by utility savings realized by this project. 000.74.81038.86000 Locker Replacement $7,830 000.90.82076.86000 City Sidewalk-ADA-Improvements $499,700 000.90.82151.86000 City Sidewalk -Lone Pine Pedestrian Improvements $86,780 000.90.82152.86000 City Sidewalk- Main Street Pedestrian Improvements $7,080 000.91.81022.86000 Roof Repair/Replacement $31,820 000.91.81131.86000 Red Brick Repointing/ Brick Repair $1,480 000.91.94144.86000 Animal Shelter Snow Fence $2,510 000.91.94173.86000 Lighting -McKinstry -Project wos lease financed; these $53,070 lease payments are 100%offset by utility savings realized by this project. 000.91.94181.86000 Vending Misers -McKinstry- Project was lease financed; 5430 these lease payments are 100%offset by utility savings realized by this project. 000.91.94183.86000 Programmable Thermostats-McKinstry-Project was $2,830 lease financed; these lease payments are 100%affset by utility savings realized by this project. Subtotal, Asset Management Plan Fund $2,384,060 Total 100 % Carry forward Supplemental Requests 517,095,090 Total 100 % Carry forward Supplemental Requests: After Funding Source 516,152,170 Italics indicates offsetting funding source City Of Aspen 2010 Technical Adjustments Department/Fund Technical Adjustment Description Attachment E Amount Subtotal ''_ ; a ., General Fund;'' ~= ~ ~~ m 001.95.xxxxx.95000 This is the accounting transaction that needs to occur to $86,340 administer the funding of the electronic time keeping system from departmental savings in the Asset Management Fund. 001.13.13410.82999 Aspen Grove Cemetery preservation project was approved $23,100 in 2007.Only a portion of the project was appropriated at that time. This is the formal appropriation of the remaining amount needed to complete this project. $3,580 of this funding request is offset by the remaining funds in the state grant. The remaining $19,520 is the City of Aspen responsibility of this match grant. See memo for details. 001.31.31000.80079 Police death and disability insurance was not included in $32,190 the payroll calculation worksheet used in the 2010 budget development. This amount is part of the Police Departments base operational budget. This amount was identified and loaded into Eden by the Police Department during the 2010 budget development process. This adjustment corrects this oversight. _. _. _. _.... Subtotal, General Fund 100.55.55000.88901 Transfer to Central Savings 53,010 100.95.31055.95250 This adjustment is a result of the refunding of the Parks ($30,890) and Open Space Revenue Refunding Bonds. The net savings to the Parks and Open Space Fund over the life of the bond is about $444,000 Subtotal Parks Fund ($27,880) Wheeler Opera House Fund ~~ 120.93.93000.88901 Transfer to Central Savings $5,880 120.93.xxxxx.' The 2010 Wheeler Opera House operational expenses $61,760 were adopted with assumptions fora Wheeler expansion. Given the delay in that decision, the Wheeler is updating the operational budget to reflect the needs for the existing facility. This adjustment is inline with the 2010 base operational budget assumptions used by the reset of the City departments in development of their operational budgets. Wheeler Opera House Fund 141.34.34000.88901 Transfer to Central Savings Subtotal, Transportation Fund $7,750 . . Kids;Fir;$Fund,~.= a .. ~ , .: .,.: ~ ._.- 152.24.24000.88901 Transfer to Central Savings $5,960 _.......... Subtotal, Stormwater Fund S5 96n 260.98.31056.8961089630 This adjustment isa result of the refunding of the Parks and Open Space Revenue Refunding Bonds. The net savings to the Parks and Open Space Fund over the life of the bond is about $444,000 Subtotal, Debt Service Fund ($30,890) ,.., WateeFund .,, :,' 421.43.43000.88901 Transfer to Central Savings $13,200 City Of Aspen Attachment E 2010 Technical Adjustments Department/Fund Technical Adjustment Description Amount Subtotal 421.95.43573.95444 The contract for the purchase, installation of all materials, $126,730 as well as all construction activities associated with the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures is $126,730 higher than the estimated cost. This request increases the budget of the projectto match up with the contract amount. This additional funding request will be funded with a transfer from the Water Fund's fund balance. See the memo at the back of this packet for additional details on the above requests. Subtotal. Water fund $139,9: 431.45.45000.88901 Transfer to Central Savings $11,680 Subtotal, Electric Fund $11,680 parfung Fund ~ ,,, `~~ ~ ~ : : _ .....: . ~, . := ; .: ~ ., - 451.32.32000.88901 Transfer to Central Savings $18,730 Subtotal, Parking Fund $18,730 ~' TruupKHousingEUnd , ' .• ' :~5 ,...~,U.: .,. .' ~ , ._ ! . ' . ' 491.xx.xxxxx.80012 Staff is not requesting any additional payroll, only that the $30,010 payroll in 2010 be re-allocated to reflect how current staff time is spent. This request will change staff allocation of staff time between properties to better reflect [he costs of operations. See memo for additional details. 491.98.33068.8961089630 This adjustment is a result of the refunding of the General ($32,320) Obligation Housing Refunding Bonds. The net savings to [he Truscott Housing Fund over [he life of [he bond is about $440,000 Subtotal, Truscott Housing Fund ($2,310) Marok Housing Fund ~ ~' ~ ^' ~_ ~ ~ ~ ~: ~ ~~ : .. 492.xx.xxxxx.80012 Staff is not requesting any additional payroll, only that the ($8,020) payroll in 2010 be re-allocated to reflect how current staff time is spent. This request will change staff allocation of staff time between properties to better reflect the costs of operations. See memo for additional details. Subtotal, Marolt Housing Fund ($8,020) . Housing AdmintstKatWn Fund ~ _~ ; ~ . ' r .. r„ ... ;. ~ . .: i , ...:.'u_ ~ : , ., rl ~:~ ... '; ' , 620.xx.xxxxx.80012 Staff is not requesting any additional payroll, only that the ($21,990) payroll in 2010 be re-allocated to reflect how current staff time is spent. This request will change staff allocation of staff time between properties to better reflect the costs of operations. See memofor additional details. Subtotal, Housing Administration Fund _ ($21,990) FtttErnafHeakhTnsurallSe $and; . .. '_~ '. m :::~ ,: : _,~.~~.....m.. ~.... ...,.., ._....... ': 501.51.50151.84000 Additional employees signed up for the high deductible $19,000 health insurance plan over the estimated number of employees. The result was an additional $19,000 in contributions to the health saving accounts. This adjustment reconciles the 2010 budget and expense. Subtotal, Internal Health Insurance Fund $19,000 Total Technical Adjustment All Funds: $321,230 Attachement F _ ._2O1UlNTE$FLLND7RA,MSFERS Transfer From Transfer TO TransferAmount purpose of interfund Transfer 000•ASSet ManagemepTplan FUnd S'= _, ,... s. ... . .. '::._ _ ...... `-. _ .: ~ _ _ ._ ..`. _. _ __. _~` Trasportation Fund $566,810 Hybrid Bus Purchase-TABOR Funds Parking Fund $40,000 Plaza Repair Project Wheeler Opera House Fund $88,490 Red Brick West End Project 30 Yr IF Loan Wheeler Opera House Fund $25,450 1998 Street Improvements 10 Yr If Loan Debt Service Fund 93440 Series 2005-STRR-AMP'S Portion Subtotal, Transfers $834,190 AMP FUnd $86,340 Electronic Time Keeping-Dept. Savings Parks and Open Space Fund $56,970 Partial Subsidy of Food Tax Refund Employee Housing Fund 120000 City of Aspen Affordable Housing Suhtotal, Transfers $263,310 100. Prkt and Open Spare Fund ::: ,. ... .,. ~ ..... General Fund $3,010 Central Savings Parks and Open Space Capital Fund $1,004,380 Capital Projetts Debt Service Fund $840,900 Parks 2005 Open Space Bonds Debt Service Fund $822,250 2001 Sales Tax Revenue Bonds Debt Service FUnd $948,]00 Series 2005 -STRR-Park's Portion Golf Course Fund $140,400 Series 2005 -STRR-GOIf's Portion General Fund $928,740 Overhead Payment Parking Fund $40,000 Plaza Repair ProjeR Employee Housing Fund 65260 City of Aspen Affordable Housing Subtotal, Transfers ... $4,793,640 320-Wheeler QPeraFsC FUnd ~ ~ ~~ .. ,. ,.: _ . .. .._ ... ,. ... ~ ... -. :.: .: .: General FUnd $5,880 g Central Savin s Employee Housing Fund $38,170 City of Aspen Affordable Housing General Fund 344 990 Overhead Payment Subtotal, Transfers $389,040 141 •Traltsportation FUnd .. . . _ ... _ General Fund 97,750 Central Savings Employee Housing Fund $4,000 City of Aspen Affordable Housing General FUnd $90,160 Use Tax Positions General Fund 156000 Overhead Payment Suhtotal, Transfers $257,910 SSP • Houzing-eveMpM1xntFnM . Housing Administration Fund $198,880 Operations SU6sidy (50%of total) General Fund $394,170 Overhead Payment Truscott Housing Fund $]42,620 Truscati I, 2001 Housing Bonds Subsidy Parks and Open Space Fund $14,2]0 Percentage of Food Tax Refund Wheeler Opera HOUSe Fund 5703130 BMC West-IF Loan Suhtotal, Transfers $7,053,070 351-Early ChIIdhzroU Eduta[rorl fpnd j .. ... ..... ... _ Kids First Fund 212]0 Administration Services Subtotal, Transfers ... .. $21,270 _ 353-IOAxFirst FUnd .; :, ~_: ~ , . ~~.. General FUnd $5,960 Central Savings General FUnd $118,490 Overhead Payment Employee Housing FUnd $1],440 City of Aspen Affordable Housing Parks and Open Space Fund lfi 280 Percentage of Food Tax Refund Subtotal, Transfers $158,170 Y66dt9rrrlWaterFYnd- _ General FUnd $132,500 Overhead Payment Employee Housing Fund 9690 City of Aspen Affordable Housing Subtotal, Transfers $142,190 Attachement F TranzferFrom Transfer TO TmnsferAmount Puroose of intertund Transfer 421-Water OtlFttyFUnd~::., ~... a.3, . . _.._._. '- _ ~"_.,., .... ,. , s ~ ~., ... _, General FUnd $13,200 g Central Savin s Renewahle Energy Fund 5126,730 Fund Capital Project Number 43573 General Fund 5628,430 Overhead Payment General Fund $1,000,000 Operations Facilities Land Employee Housing Fund $65,900 City of Aspen Affordahle Housing Parks and Open Space Fund ISO 000 Water Usage Conservation Program Subtotal, Transfers $1,984,260 431. Ekkrykttti9ty Furul .,. i~+*, General FUnd $11,680 Central5avings Renewable Energy Fund $422,420 Purchase of Hydroelettric Power Renewable Energy Fund $133,320 Purchase of Hydroelettric Power General FUnd $247,220 Overhead Payment Water Utility FUnd $298,490 Electric Utility portion of Utility Billing Services Water Utility Fund $114,440 1/3 of Global Warming Program Renewable Energy Fund $225,000 Capital Projects Moved Renewable Energy Fund $312,000 Carhon Emission Reduttion Tags Employee Housing Fund $Ifi,920 City of Aspen Affordable Housing General Fund 442360 Franchise Fee Subtotal, Transfers $2,223,850 44Q=Reerewabte'EnergyFuM, a ._ . . .... General FUnd $52,180 Overhead Payment Employee Housing FUnd 6110 City of Aspen Affordable Housing Subtotal, Transfers $58,290 451-F'arkinB FWtd ~. ....... ... General FUnd $18,730 Central Savings General Fund $372,790 Overhead Payment Employee Housing Fund $31,810 Ciry of Aspen Affordable Housing Transportation Fund 440 000 Transportation Fund Subsidy Subtotal, Transfers $863,330 471-GoHfnurse Fund .. _ _ .. .. General Fund 5151,200 Overhead Payment Parks and Open Space Fund $24,660 Repayment of Golf Start Up Funding - IF loan Employee Housing Fund 14 200 City of Aspen Affordable Housing Subtotal, Transfers $190,060 491•TroS}4t[HOUStrtg FUnd ,~ ;!;, ,,, Housing Administration Fund $51,240 Overhead Payment General Fund 554,210 Overhead Payment Employee Housing FUnd 4780 City of Aspen Affordable Housing Subtotal, Transfers . .. $110,230 ~ ~ 492-MargltHousMg FUnd °~ , . ..- ~ .. General FUnd 554,340 Overhead Pa ment Housing Administration Fund $58,820 Overhead Payment Employee Housing Fund S 060 City of Aspen Affordable Housing Subtotal, Transfers $118,220 50$ • Emplopeett9using FuOd Housing Development Fund 2300000 Pre-Purchase of Units at Burlingame Subtotal, Transfers $2,300,000 420-Housing AdMldattatlon Fond !~ ;.. .:; .. _ .. .. _ _' General Fund 84 fifi0 Overhead Payment Subtotal, Transfers $84,650 _ 622.8muggktHOUSfngFgmk ._.: ...?' ... ._ _ .. Housing Administration Fund $2,950 Overhead Payment General Fund 18 840 Overhead Payment Subtotal, Transfers $21,790 AR CdyFUMS wilt Health':Ensutaxe EZpeilSes Employee Health Insurance Fund 3101140 Employee Health Insurance Premiums Subtotal, Transfers $3,101,140 2010 TOTALINTERFUND TRANSFERS $24,948,610 i TxE CrrY of ASPEN Back Up Documentation For: First Reading Memos MEMORANDUM To: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council Jim Harmon, Controller Don Taylor, Finance Director Steve Barwick, City Manager March 10, 2010 March 22, 2010 Contract for Electronic Timekeeping and Scheduling REQUEST OF COUNCIL: Staff is requesting authorization from Council to contract for the purchase and implement electronic timekeeping and scheduling softwaze from Kronos, Incorporated. The authorizing resolution and contract follow this memo. The contract has been approved as to form by the City Attorney. PREVIOUS COUNCIL ACTION: Council has not previously reviewed the electronic timekeeping and scheduling softwaze. BACKGROUND: • y. _ As part of the City's on-going efforts to improve services, reduce cost, eliminate errors and provide better information to decision makers the Finance Department began discussing electronic timekeeping and scheduling with other departments early in 2009. After fording support for the concept a Request for Proposals was prepazed, reviewed and made available. Responses to the RFP were due September 21, 2009. A committee from several departments reviewed the proposals, conducted on site demos and agreed upon the recommended proposer. The project was delayed while IT explored virtualization of this and other applications. Virtualization allows multiple applications to reside and run on a single server saving cost for servers as well as cooling and electrical capacity. The first two months of 2010 was spent clarifying the proposal and reducing the anticipated cost of the project. Electronic timekeeping and scheduling allows employees to enter time either via time clocks or personal computers. The majority of employees will be utilizing PCs. Recreation will be using Page 1 of 3 time clocks at the ARC, and perhaps another facility initially. Time can be entered on PCs either as the day progresses or in summary. It is felt most employees will enter summary information. Scheduling will be utilized initially by Recreation and Police. Since employees enter time electronically, supervisors approve the time electronically and the time is transferred to the payroll system electronically errors related to timesheet entry should be eliminated. Finance staff currently spends between one and two days entering and checking the entry of time for each pay period. We should save neazly two person days for one employee and half a person day for another each pay period with the implementation of the electronic timekeeping system. For the 26 pay periods annually this will result in a savings of thirteen work weeks for an employee. Kronos is the only timekeeping system we reviewed that allows for advance scheduling of leave time, a valuable tool for overall scheduling. Kronos provides a wide array of standard report from both timekeeping and scheduling. Custom reports can be developed and reporting can be done electronically or via export to other programs, such as Excel. FINANCIALBUDGET IMPACTS: Finance will fund this project with carryover savings. Cost of Software, 3 Time Clocks and Implementation $71,332 Anticipated Travel Costs 0 IT Costs 8,000 Contingency 7,000 Total $86,332 Ongoing maintenance: Ten months included in the cost above: `-Subsequentyears twill be at approximately $5,500 per year. ENVIRONMENTAL IMPACTS: By eliminating trips to City Hall to deliver paper timesheets some positive impact on the environment will occur. RECOMMENDED ACTION: Staff recommends approval of the contract. Page 2 of 3 ALTERNATIVES: If Council does not want to approve the staff recommendation we can continue will paper time sheets or explore other less robust solutions. PROPOSED MOTION: I move to approve Resolution # approving a contract between the City of Aspen, Colorado and Kronos Incorportated setting forth the terms and conditions regarding electronic timekeeping and scheduling softwaze including appropriate hazdwaze and authorizing the City Manager to execute said contract. CITY MANAGER COMMENTS: ATTACHMENTS: A -Resolution B -Contract Page 3 of 3 MEMORANDUM TO: Mayor Ireland and City Council COPY: Finance Department FROM: Johannah Richards, Community Development Administrative Manager ~" , °,~ RE: 2010 Supplemental Requests DATE: April 2, 2010 REQUEST OF COUNCIL: Staff is requesting the following budget items for the 2010 budget year: Plannin¢ Department: $23,100 /Aspen Grove Preservation Plan -The Aspen Cnove Preservation Plan was awarded a grant from the State with a total project cost of $71,602, half of the funds are to be reimbursed by the State. The project was approved by Council in 2007 .Work has been ongoing for two years, which includes condition assessments of the wood and stone work, grave marker documentation, and extensive archival research. We were granted spending authority in 2007 for 36,500 and need to request additional funds of 23,100 to complete the project. $7,000 / Histmzc Preservation/Context Papers -Following the completion' of the Historic Preservation Task Force report, Council directed Community Development staff to undertake revisions to existing historic context papers (Chalet, Rustic and Modem), and to seek qualified azchitecmral historians to complete additional research and consideration of Pan Abode, Wrightian and Modem Chalet architecture. At a March 2, 2010 worksession, staff informed Council that the expected budget for the project is $7,000. Council indicated that the work should begin. The Pan Abode paper will be undertaken by TEC, a consultant firm located in Golden, which has extensive experience in addressing 20th century historic resources in Colorado and around the counUy. The Wrightian and Modern Chalet buildings will be addressed by Dr. Mazgaret Suplee Smith, an architectural history and historic preservation professor at Wake Forest University who has focused her academic research on Modern architecture in American ski resorts. Page 1 of 3 $300 /Historic Preservation/Historical Marker - CouncIl has pointed out the value of presenting easily accessible information about Aspen's history to the public numerous times. Community Development is developing a standard design for historic mazkers that can be installed on local landmarks tluoughout town. Generally, these must be purchased by the property owner. The Welgos family, owners of the first voluntarily designated post-waz property (a Chalet home landmarked in 2004) requested a marker be created for their home and in January; Council agreed to allocate $300 towards the project. $3,000 /Historic Preservation/Seminar/Mountain Modern Module -Aspen has been selected by the National Trust for Historic Preservation to participate in their Modernism + Recent Past Program (M+RP), an initiative begun in 2008 to galvanize and support efforts across the nation to preserve and rehabilitate 20th century buildings. The Trust is designing a series of Modern Modules, partially fimded by a $40,000 grant from the National Endowment for the Arts. Modules have already been held in St. Paul and Los Angeles. Aspen has been selected as the site of the next meeting, to be held in June or July. Community Development feels that the Trust's recognition of ow• historic preservation efforts is a significant honor. National Trust staff will take the lead in formatting a two day program that will consist of a free public event, followed the next day by an invitational round table for local officials, activists, arts and culttual leaders, academics, and others. Community Development plans to deliver the context papers and other decision making information requested by Council at the Module, and we view this community oriented event as a highly professional and credible way to bring some resolution to the questions surrounding post-Victorian preservation in Aspen. This is a huge deal for Aspen. We were selected as the City to represent the "Mountain/Plains" region and were competing with Denver, Salt Lake, etc. The Trust will be funding the majority of the costs of this meeting, but has asked the City to contribute up to $3,000. After the Modern Module, the Trust will be producing an illustrated booklet on Aspen's historic resources, as well as videos. These are the sorts of outreach materials that have been brought up as goals several times. '1~bCtO ~9G4 /Historic PreservationJOutreach/Movie - On March 1st, Community Development hosted a free screening of a recent documentary entitled "Infmite Space, The Architecriue of John Lautner." Amongst the many avant-garde buildings John Lautner designed.. during his 50 year career was the 1982 Turner house, here in Aspen, visible from the roundabout. The Tumer house is featured in the film, and after the screening a Q&A was held with Bill Poss, and members of his firm who acted as the local azchitects for this building, along with the current owners of the house and their contractor. The event was very successful, with approximately 350 people attending. Community Development sought co-sponsors in the community to help underwrite the cost of the Film. The total cost to present the movie was $690. We received co-sponsorships totaling $350. $17,215 / AACP - Staff is requesting that the remaining amount in the 2009 AACP budget of $12,473 be carried forward and is requesting additional monies of $4,742. The funds requested will be used to pay the remainder of the original contract with Design Workshop and to continue the website (www.aspencommunityvision.com) through the end of 2010. Page Building Department: • $26,000 /Retirement Payout -The Building Department's Joint Electrical Inspector will be retiring after 21 years of service. Staff is requesting funds to cover the retirement bonus and cash out of sick, comp, and vacation hours. $2,500 /Adoption of 2009 Building Codes -This request is to support the Building Code Board of Appeals and public process in adoption of the 2009 International Codes. The Aspen and Pitkin County building departments have established a six year cycle for• review and code adoption updates and the Community development IGA requires the jurisdictions to adopt codes, amendments and policies as consistent as practicable. The IGA also allows certain expenses to be shared and we continue to work with the county to be as efficient as possible in this task. MEMORANDUM TO: THRU: FROM RE: DATE: Mayor Ireland and Aspen City Council Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner Supplemental Request: Aspen Area Community Plan Update March 15. 2010 SUMMARY: The City and County have been jointly working on an update to the Aspen Area Community Plan. City and County staff anticipates a revised timeline will take adoption into the fall of 2010, and will require additional work beyond the original scope of work. Staff is requesting a total of $12,473 in this supplemental request. This is divided as follows: 1. Staff is requesting that the remaining amount in the 2009 AACP budget of $12,473 be rolled-over to the 2010 budget. This money will be used to pay the remainder of the original contract with Design Workshop. Design Workshop is a professional planning firm working with City and County staff to update the AACP. o The remainder of the contract that this money will be used for includes: ^ Meeting food and incidentals associated with P8~Z and CC/BOCC meetings. ^ Technical writing of document drafts and editing for public review following Planning and Zoning Commission review of each topic. • Technical work during the adoption process, including assistance in additional community meeting organization and facilitation. ^ Formatting the final document in professiohal design software (the document will be formatted similarly to the State of the Aspen Area Report). Note: The additional time added to the drafting and adoption schedule combined with the decrease in staff resources for current planning minimizes ComDev's ability to reduce the existing contract. 2. Staff is requesting a supplemental of $4,741.90 in new monies divided as follows: o $3,471.90 of this money is Pitkin County's portion of the remaining AACP tasks (identical to the City's list above). Because the project is being managed through City Finance, this money needs to be allocated by the City and the City will be reimbursed by the County according to the cost- sharing agreement. o Staff is requesting a supplemental of $1,000 to continue the website (www.aspencommunitwision.com) through the end of 2010. This money will be spent to continue hosting services through ProjectWest (now Slippy Studios), and will enable staff to use the website as a tool to update the public on the adoption phase. MEMORANDUM TO: Mayor and City Council FROM: Nancy Lesley, Director of Special Events and Marketing THRU: Jeff Woods, Manager, Parks and Recreation DATE OF MEMO: March 7, 2010 MEETING DATE: RE: Supplemental Request REQUEST OF COUNCIL: Staff is requesting funds to increase the marketing of Aspen Criterium weekend, the Aspen Triathlon, and the Golden Leaf Half Mazathon. PREVIOUS COUNCIL ACTION: Council previously increased funding to the Owl Creek Chase weekend and directed staff to request the remaining amount via the supplemental process. DISCUSSION: Staff came to Council via the Economic Stimulus Monies and was asked by Council to request these funds via the supplemental process. FINANCIALBUDGET IMPACTS: Staff is requesting an additional $12,000 to increase the marketing of the Criterium weekend, Aspen Triathlon and the Golden Leaf. RECOMMENDED ACTION: Staff is requesting the additional funds of $12,000 for marketing of special events. ALTERNATIVES: If Council does not approve the additional funding, staff will continue to advertise these events more locally. MEMORANDUM TO: FROM: THRU: DATE OF MEMO: RE: Mayor Ireland and Council Wheeler Executive Director Gram Slaton Assistant City Manager Randy Ready 23 March 2010 First Supplemental Request Items SUMMARY: Approval is requested for a variety of budgetary line items from the 2010 operating budget, required due to changes in direction for the Wheeler since the approval of this budget in Fall 2009. The total amount of this supplemental request items included in this memo amounts to $317,400. PREVIOUS COUNCIL ACTION: None. BACKGROUND: None. DISCUSSION: The Wheeler Opera House requests that the below lines be granted supplemental approval, in order to best take advantage of staff resources and implement better operating efficiencies at the Wheeler. Those projects marked with an asterisk (*) indicate projects that have been scheduled in the wake of the deferment of the Wheeler's possible building expansion. At the time the 2010 budget was drafted and proposed to Council, all such projects were in suspension pending the impact of architectural and engineering designs relative to the expansion that may have adversely affected such improvements; however, with the Wheeler expansion not expected to take place in eP least the next two Kears. (if at all), it would be advantageous to advance these projects. in order to substantially improve the Wheeler's operational and energy efficiency. 1. Install new Hot Water Heaters $17,000.00 (Labor: $ 6,800 Materials: $10,200) Installation of two small electric hot water heaters as well as several instant hot, tankless type water heaters. The Wheeler is presently set up to use one central water heater that must run continuously. Smaller, as-needed systems will guarantee hot water for cleaning and sterilization purposes delivered quickly while conserving energy and water resources that no longer need to travel the entire length of the Wheeler through anoverly-convoluted system to get to the user. 2. Passive cooling array for the Chill Water system (Labor: $11,700 Materials: $23,300) $35,000.00 This project would require the construction of a passive radiator array that would cool the chill water for the HVAC system independent of the scroll chiller whenever outside air temperatures would allow, such as at night and throughout the winter months. This would be configured in a basic three-way bypass loop. Very little in the way of engineering and control systems demands is required. 3. Reengineer Outside Air Ducting $12,000.00 (Labor: $ 8,400 Materials: $ 3,600) This project will attempt to correct deficiencies in the outside air duct works that were compromised during the installation of Bentleys exhaust hood. These deficiencies have required our system to work harder and thus use more energy than necessary. 4. Replace Condenser Coil in Hermetic Scroll Liquid Chiller * $15,000.00 (Labor: $ 3,435 Materials: $11,565) The Wheeler has a leaking condenser coil that cannot be soldered due to failure location. It will need to be pulled and replaced. 5. Ticketing System (120.94.94050.86100) $32,500.00 The contract approved by City Council on 1/25/2010 included a fee schedule of $102,500.00. The Wheeler had budgeted $70,000.00. The monies are needed to fulfill the approved contract. This additional amount was included in the memo submitted with the contract approval request. 6. Marketing Budget (120.93.93200.82140) $40,000.00 Further adjustments in lines associated with Wheeler marketing are requested in order to properly construct and support the addition of the singer-songwriter festival project previously presented to City Council in work session (2/23/10) and approved for further development and execution. 21" Century Master Plan (120.93.93150.82900) ~ x, _ $165,900.00 Per Assistant City Manager, Randy Ready, the Wheeler needs to carry forward this amount to finish paying the invoices in order to close out this project, including consulting work relative to RFPs and other documents that will be needed should this project start up again, and also reimburse staff time used to do this task. RECOMMENDATION: Wheeler staff recommends approval of these increases. ALTERNATIVES: Item #6 is already in execution and thus has no acceptable alternative. Item #6 may be deferred or refused, but will greatly impact the Wheeler's ability to successfully market its summer festivals. Items #1 through #4 may be deferred until such time as they may be included in the Asset Management Plan as part of the 2001 budgeting initiative. MEMORANDUM TO: Mayor and City Council FROM: Rob Covington, Raw Water Hydroelectric Supervisor THRU: Phil Overeynder, Utilities & Environmental Initiatives Director DATE OF MEMO: March 1, 2010 MEETING DATE: March 8, 2010 RE: Approval of a contract between the City of Aspen and Western Summit Constructors, Inc. for the installation the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures. REQUEST OF COUNCIL: Staff requests a contract awazd to Westem Summit Constructors in the amount of $2,326,726 for the purchase, installation of all materials, as well as all construction activities associated with the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures. The Castle project is comprised of two components, a combined 42" Penstock/Drain Line and new intake structures that together will safely convey water from Thomas Reservoir to Castle Creek. PREVIOUS COUNCIL ACTION: Council has already approved the $5.5 Million General Obligation Bond (Ordinance No. 23, series of 2008) for the design, and installation of the Castle Creek Energy Center. The public supported this project with 77:7% of voters in favor of a land exchange and financing to re-construct the pipeline and powerhouse. The 2009 budget includes appropriations for the re-construction of the drain/Penstock and intake structures. ~- - BACKGROUND: This project will supply the City's Electric Utility with approximately 8% of its power needs. The Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures serve two main purposes. The First Purpose for the Penstock and intake is to supply an emergency drain line for the Leonazd Thomas Reservoir at the City's Water Treatment Plant. This drain line will allow for the rapid evacuation of the Leonard Thomas reservoir in emergency situations. Currently, overflows from the reservoir do not have a mitigated route to the river. Due to the current level of development below the reservoir there is the potential for millions of dollazs in property damage in an overflow or dam breach scenario. The second function of the Drain Line/Penstock is to supply water to the planned Castle Creek Energy Center, for the operations of aHydro-Electric Facility. DISCUSSION: Current engineering practices and regulatory requirements would require an adequate drain structure to be included as part of operations for the Thomas Reservoir. This deficiency was identified through the process of planning improvements for the Castle Creek Page 1 of 2 hydroelectric plant. The resolution that was submitted to the electorate as part of the November 2007 ballot question identified the need to "renovate, reconstruct, and expand on these existing assets" existing assets are described in the ballot language as pipelines, water storage facilities, and head-gate structures, all of which will be included within the scope of the proposed construction project. FINANCIAL/BUDGET IMPACTS: The cost of the installation for this project is $2,326,726. The initial budgeted amount for this labor was $2,200,000 and this bid exceeds the estimated cost by $126,726, approximately 5 7% higher than initially estimated. The $5.5 million approved for this project allowed for $800,000 in contingencies. The initial cost estimate was put together in 2007, and the largest factor of price increase came from the highly variable price in steel. Additionally, there's approximately $400,000 in water carry forward funds from 2009 that will not be required for future expenditures. It seems that with the contingency and wafer carry',forward funds; that the :$126,726, is well ,within scope for this portion of the ',project: The construction contract was bid as a "not to exceed amount", and staff feels confident the chosen contractor can complete the project for the Bid Amount. ENVIRONMENTAL IMPACTS: Switching from coal fired energy purchases from MEAN to the hydroelectric power production of the proposed Castle Creek Plant would eliminate an estimated 5,167 tons of COZ emissions (5,500,000 kWh @ 1.879 lbs COz/kWh) annually. This represents a 0.6 percent community-wide reduction in carbon emissions based on 2004 Greenhouse Gas Emission Inventory. RECOMMENDED ACTION: We request the council approve the expenditure of $2,326,726 for the contract with Western Summit Constructors to enable construction of the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures. ALTERNATIVES: The alternative to this project is to wait for construction until The City has obtained Federal Energy Regulatory Commission (FERC) permit approvals. The penstock/drain Line serves both as the conduit to proposed hydro-electric facilities, as well as an emergency drain line. The downside to waiting for FERC approvals is that the city would risk damage to properties downstream of the Thomas Reservoir along the unmitigated overflow path. This could potentially result in significant property damage. It has been the City's past practice to immediately prioritize such corrective measures for action to avoid potential liability. One example of this is the construction of a drain line for the Aspen Valley Storage Tank. PROPOSED MOTION: I move to approve Resolution # CITY MANAGER COMMENTS: ATTACHMENTS: A. Proposal/Bid Page 2 of 2 MEMORANDUM TO: Mayor and City Council FROM: Tom McCabe, Executive Director, Housing THRU: Barry Crook DATE OF MEMO: March 11, 2010 MEETING DATE: Apri112, 2010 RE: Reallocating Payroll REQUEST OF COUNCIL: The Aspen/Pitkin County Housing Authority is requesting reallocation of payroll. PREVIOUS COUNCIL ACTION: The 2010 Budget was approved by Council in December of 2009. BACKGROUND: The Aspen/Pitkin County Housing Authority (APCHA) manages five rental properties. Two of them are owned by the City (Mazolt and Truscott Phase I) and three are owned by APCHA (Aspen Country Inn, Smuggler Mountain Apartments and Truscott Phase II). During the budget process, the City approves the budgets for Marolt, Truscott Phase I and Housing Operations. Aspen Country Inn, Smuggler Mountain Apartments and Truscott Phase II budgets are approved by the APCHA Boazd of Directors. At the beginning of 2010, staff reviewed the payroll allocations ,to ,the. five .rental properties. During this review, it was decided to modify the payroll allocations to be more precise with the work being conducted at the properties. Staff is not requesting any additional payroll, only the reallocation of the payroll approved by City Council and the Housing Boazd in December 2009. DISCUSSION: In 2009, the timesheets for the property managers' supervisor, the two property managers and the three maintenance personnel were modified to chazge a specific percentage to each of the properties managed by APCHA -Aspen Country Inn, Marolt, Smuggler Mountain Apartments, Truscott Phase I and Truscott Phase II. In 2010, staff readdressed the percentages and aze requesting a reallocation of the approved payroll. The properties contain the following number of units: Aspen Country Inn 40 Truscott Phase I 108 Marolt 100 Truscott Phase II 87 Smuggler Mountain 11 Page 1 of 3 The percentage breakdown approved and the recommended change for the maintenance staff is shown below: Pro e Previous Change Aspen Country Inn 12% 12% Marolt 29% 25% Smuggler Mountain Apts. 3% 3% Truscott Phase I 31% 33% Truscott Phase II 25% 27% The property management supervisor's allocation is also being recommended to be modified as more of her time is spent on the properties than on Housing Operation items: Operations 30% 20% Truscott Phase I 30% 40% In 2009, an additional position was requested that would have assisted in managing the properties. This position was denied. Due to the need of an additional employee, one of the two administrative assistants in the Housing Office is shared with the properties. APCHA is requesting that half of that salary be split between Truscott Phase I and Truscott Phase II; therefore, the total breakdown for reallocating payroll is shown below as well as on the attached spreadsheets. This information will be taken to the APCHA Board of Directors for approval for Truscott Phase II. Truscott Phase I $30,012 Marolt ($8,018) Housing Operations* ($21,994) *Includes both Housing Operations and Truscott Phase II Payroll Reallocation FINANCIALBUDGET IMPACTS: There is a positive financial impact to-the City'with the requested payroll reallocation as the Mazolt and Housing Operations payrolls are being decreased. ENVIRONMENTAL IMPACTS: There aze no environmental impacts. RECOMMENDED ACTION: Approval of the reallocation of the payroll budget as stated on the attached spreadsheets. ALTERNATIVES: There are no other alternatives but to remain as is stop the "sharing" of one of the administrative assistants with the properties. PROPOSED MOTION: I move to approve Ordinance # (Series 2010), Reallocating the Payroll Funds as Requested by APCHA. Page 2 of 3 ViQa. MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: April 1, 2010 RE: Resolution #3,2010 -Approving Expansion of Aspen Saturday Market REQUEST OF COUNCIL: Staff requests Council adopt Resolution #i~2010 authorizing expansion of the Aspen Farmers Market to 500 East Hyman for the summer of 2010. PREVIOUS COUNCIL ACTION: Council held a work session March ls` to hear from the commercial core and lodging commission, vendors, businesses along 500 East Hyman and prospective vendors. At the conclusion of the work session, Council directed staff to go forward with a one year experiment expanding the market to 500 East Hyman. DISCUSSION: CCLC Chair, Terry Butler, told Council the Saturday Market has been a success, is a free event that brings up to 50,000 people downtown during the summer, and generates sales tax dollars. The expansion onto Hyman Avenue will act as a draw between the Hyman Avenue Mall and the market. The expansion will allow more space around the booths and will allow more vendors. At the work session March 1st, two businesses objected to the proposal, the parking lot operator Don Lemos and Little Annie's. Staff met with Lemos who agreed to allow access to the parking lot on Saturdays be through the alley to the south of the parking lot. The city agreed to sign the east end of the alley "No Parking" and to paint "No Parking" on the pavement. Kathy Strickland, manager of the Saturday Market, will act as liaison between Lemos and any issues that arise on Saturdays. The vendors will be told they are not to use that parking lot. Lemos will be issued parking passes to give to any lessee of space in the parking lot that maybe displaced. Staff has met with Little Annie's and assured them the frontage of their establishment maybe used by them for tables and chairs as a beer garden lunch spot. Council suggested if the market is expanded the local business/ACRA booth be increased to two booths and the not-for-profit booths also be increased to two booths. There has been strong response from ACRA members to the possible increased opportunity to participate in the Saturday Market. Eric Klanderud is confident he will be able to fill both ACRA booths throughout the mazket season of 18 weeks fi there is a second ACRA booth. FINANCIAL IMPLICATIONS: There maybe an increase in sales tax collected and a decrease in parking revenue collected. RECOMMENDATION: Staff recommends approval of Resolution # 2010, amending the Farmers Market Agreement for the summer of 2010. MOTION: I moved to adopt Resolution #,2010, amending the Farmers market Agreement for the summer of 2010 to include expansion of the market on to the 500 block of East Hyman. RESOLUTION NO. ~ I (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE EXPANSION OF THE ASPEN SATURDAY MARKET TO THE 300 BLOCK OF EASY HYMAN FOR AONE-YEAR TRIAL PERIOD AND TO AMEND THE VENDING AGREEMENT WHEREAS, Resolution #93, Series of 2006, approved a five (5) year license with the Aspen Fanners Market Group (AFMG) valid through the 2011 market season, and WHEREAS, the Commercial Core and Lodging Commission has recommended expanding the market to the 500 block of East Hyman, and WHEREAS, at a public work session Mazch 1, 2010, Council heazd from vendors, prospective vendors, and adjacent property owners, and WHEREAS, Council directed staff to work out a one yeaz experiment for the expansion onto the 500 block of East Hyman, and to amend the vending license agreement in accordance with Municipal Code Section 15.04.350(B). NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 In accordance with Section 15.04.350(B) and 26.710.140 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby authorize the expansion of the Aspen Saturday Market program to the 500 block of East Hyman for the 2010 season. Section 2 The vending license agreement dated November 27, 2006, between the City of Aspen and the Aspen Farmers Market Group is hereby amended for the summer of 2010 by expanding the market vending area to include the 500 block of east Hyman Avenue. Section 3: A duly noticed public hearing on this Resolution was held on the 12`h day of April 2010, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this day of , 2006. Approved as to form: Approved as to content: City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Market Operating Agreement for the -Aspen Saturday Market ProgrRm The Aspen City Council has by resolution authorized the continuation of the Aspen Saturday Mazket and has delegated to the Commercial Core and Lodging Commission ("CCLC' the responsibility for administering the Aspen Saturday Mazket. CCLC has determined that the following types of booths, activities, and product sales are permitted for the Aspen Saturday Market, subject to the limitations described herein: Agricultural Booths: The majority of products in each agricultural booth must be primarily Colorado made. This allows for fruits, vegetables, food beverage for off-site consumption as long as that product is either grown or assembled in Colorado. Agricultural brokers, or third party agents, aze not permitted. A vendor may supplement their own agricultural products with purchased agricultural products, as needed, on a seasonal basis. CCLGControlled Booths: ' The Commercial Core and Lodging Commission (CCLC) shall operate a specified number, to be determined each year based on available space, of local booths to augment the liveliness of the Aspen Saturday Market, provide a variety of booths, and provide local citizens and businesses an opportunity to participate in the market. Potential local booths may include, but aze not limited to: • Local Businesses - ACRA booth for any local business or group of businesses. Businesses must meet ACRA criteria. Second business license requirement shall be waived for businesses already licensed and operating in Aspen. • Local Arts and Crafts -Booth for a local artisan, group of artisans, or arts related non-profit organization. Not-For-Profit Booth -Booth for local not-for-profit organizations coordinated by Pitkin County Health and Human Services Department. Food: All food items to be sold shall comply with all applicable Colorado State Retail Food Establishment Regulations as well as rules and regulations of the Aspen Enviromnental Health Departrnent. All food vendors must have a license issued by the Environmental Health Dept. All prepared food must originate from a licensed and inspected facility and have State approved labels. The Aspen Environmental Health Department should be consulted for information regazding food safety and inspection - 970.920.5039. Location and Duration: ^ The Aspen Saturday Mazket shall be located on the 500 block of East Hopkins Avenue and the 200 block of South Hunter Street, during the hours of 8:00 a.m. through Resolution No. , Series of 2006 Page 1 3:00 p.m. on Saturdays of June, July, August, September, and October. Set-up may begin at 7:00 a.m. Any expansion of the market vending azea must be approved by the Aspen City Council Contraction of the market vending area or an amendment to the hours of operation must be approved by the CCLC. Market Layout: The layout of the Aspen Saturday Market, including but not limited to placement and orientation of vehicles, booths, and pedestrian circulation areas, shall be established by the CCLC, in a manner acceptable to the CCLC and the AFMG. The layout shall be established at the beginning of each season and each successive week shall be generally consistent with the original plan. Gray or black paint markings on the street can be used to designate vendor aeeas. No other color shall be used to mazk the street (other colors signify subsurface utilities and excavation areas). Emergency Access: To maintain adequate emergency access, the center sixteen (16) feet of streets utilized by the Aspen Saturday Market shall be for pedestrians only and remain free of booths, structures, seating, trash cans, and similar items that would practically interfere with emergency apparatus. Movable barricades may be placed at either end of the vending azea within this clear zone. Yearly [vendor Approval and Reservation Process: The AFMG shall submit to the City each year, no later than Mazch 1st, the expected number, physical extent of AFMG booths, and expected mazket start date. The purpose of the AFMG reservation process is to allow the CCLC to gauge the demand for expanding the vending azea and to determine the number of remaining spaces such that the CCLC may advertise for vendors to operate CCLC-controlled booths. Commercial Core and Lodging Commission Booths: The CCLC shall select vendors to be determined each yeaz depending upon available space in the Aspen Saturday Market and select vendors to operate those booths. Prospective vendors for CCLC booths may acquire application materials from the City Clerk's office and applications shall be submitted to the Clerk, along with any necessary processing fee. Applications will be reviewed by the CCLC at a regulazly scheduled meeting and considered for approval. Criteria for CCLC approval of Vendors: Each prospective vendor or group of vendors for CCLC~ontrolled booths shall be evaluated according to the following criteria: • The prospective booth will contribute to a desired liveliness and variety of the Aspen Saturday Maket. Resolution No. ,Series of 2006 Page 2 • The vendor has no outstanding obligation with the City of Aspen Finance Departmenk other City Departments that have jurisdiction, has not provoked excessive citizen complaints, or such problems can be remedied to the satisfaction of the CCLC. • The vendor agrees to the terms and conditions of the Aspen Saturday Market application. Appeals: Any vendor or prospective vendor aggrieved by a decision rendered by the AFMG, other than matters concerning association dues, fees, etc., may appeal the decision to the CCLC. Relevant documentation shall be submitted to the City Clerk and the CCLC shall consider appropriate action at a regularly scheduled meeting. All parties shall be notified of the appeal meeting, but shall not be required to appeaz or respond. The decision rendered by the CCLC shall be considered final. Alcohol: To sell products containing alcohol, the vendor must first obtain all necessary permits and liquor licenses prior to vending and applicable State and local regulations shall be complied with. The Aspen City Clerk should be consulted for information regarding liquor licensing - 970-429-2687. Vendors must leave sales areas clean and free of litter of any kind during the operation. Each individual seller shall return the vending azea to pre-mazket condition, or better, following each day of operation. Vendors with food aze encouraged to provide a trash receptacle for customer use. Vendor's failure to remove displays, equipment, signage, etc. in a timely fashion shall result in the disposal of the items by the City at the vendor's expense and without recourse by the vendor against the City. Only temporary structures aze perntted. Any temporary structure requiring permits shall comply with applicable building codes and be issued such permits prior to erection. The Aspen Building Department should be consulted for information regarding building permits - 970-920-5090. In accordance with Municipal Code Section 13.08.110, Engine Idling, vehicles used by vendors shall not be left idling for five (5) minutes or more within any one-hour period of time, unless necessary due to emergency circumstances. Vendors shall provide their own prices, signs, change, packaging, tables, chairs, tents, etc. Al] produce shall be priced by piece, count, package, bunch, etc. No sales by weight shall be permitted unless scales have a cun•ent, valid seal of approval from the Colorado Sate Department of Agriculture, Weight and Measures Division, and items aze weighed on site. To sell "Organic Certified" produce, the seller must display a current certificate. Failure of any vendor to comply with these requirements shall result in immediate revocation of the vending license for that individual vendor, removal of the vendor from Resolution No. ,Series of 2006 Page 3 the Aspen Saturday Mazket, and any further action deemed appropriate by the Aspen Municipal Court or any other court of competent jurisdiction. Promotion: Any individual vendor or group of vendors may promote the Aspen Saturday Mazket or their booth through various marketing techniques. The CCLC may use their discretionary funds to promote the Aspen Saturday Mazket or advertise vacancies in the market and the types of desired vendors. Signs: Signs for the Aspen Saturday Market shall be the responsibility of the CCLC and shall be of a number, dimension, and style acceptable to the CCLC and comply with Zoning regulations. Signs for individual vendors shall be the responsibility of each vendor and shall not exceed 6 squaze feet (for example 2 feet by 3 feet). Year-End Review and Amendments to the Market Operating Agreement: Near or after the conclusion of each mazket season, the CCLC shall review the market program with the City Council for the purpose of discussing the market and ways to improve the market program through amendments to the Market Operating Agreement or otherwise. The AFMG shall be notified of such meeting and be invited to attend. The CCLC may make adjustments to the Aspen Saturday Mazket program. Such adjustments shall be made after the conclusion of each season unless the issue requires immediate, mid-season changes. The CCLC shall review potential adjustments with the AFMG prior to adoption. Resolution No. ,Series of 21X16 Page 4 RESOLUTION N0. / 3 (SERIES OF 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE CONTINUATION OF THE ASPEN SATURDAY MARKET AND THE COMMERCIAL CORE AND LODGING COMMISSION'S ADMINISTRATION OF THE ASPEN SATURDAY MARKET. WHEREAS, the Aspen F,'nr.~'s IUSke~ Group (AFMG) has heretofore been issued a vending agreement from the City of Aspen to operate a farmers mazket in the commercial core during the years of 1999 through 2006; and, WHEREAS, the Commercial Core and Lodging Commission has administered the operation of~fhe Aspen Saturday Market since the year 2002 pursuant to authorization of the Aspen City Council; and, WHEREAS, pursuant to Section 26.710.140 of the Land Use Code, fazmer's markets are a permitted use in the Commercial Core (CC) zone district, provided a vending agreement is approved by the City Council pursuant to Section 15.04.350(B) of the Municipal Code; and, WHEREAS, pursuant to Section 26.208 of the Municipal Code, the City Council may establish terms and limitations of a vending ageement and delegate their authority to the Commercial Core and Lodging Commission for the purpose of administering a vending agreement; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: in accordance with Sections 15.04.350(B) and 26.710.140 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby authorize the continuation of the Aspen Saturday Market program (a farmers market), approve a vending ageement with the Aspen Fanners Market Group, authorize the Commercial Core and Lodging Commission to administer the Market, and authorize the Commercial Core and Lodging Commission to establish and administer vending agreements with individual vendors and groups of vendors: Section 2: The Aspen Farmers Market Group (AFMG) is hereby granted a vending license to operate vending booths in the Aspen Saturday Market, subject to the terms and limitations included herein and the terms and limitations of the vending license agreement, together with the operating roles appended thereto; said vending license and operating rules are attached hereto. The license shall be valid for a period of five (5) market seasons, specifically the 2007, 2008, 2009, 2010, and 2011 market seasons; provided, however, Resolution No. ,Series of 2006 Page 1 that the City does not notify AFMG on or before Mazch 1 of each year that the City shall terminate this license. Secfloa 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this 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• A duly noticed public hearing on this Resolution was held on the day of 2006, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this ~ day of /~~06. Approved as to form: ey Approved as to Attest: ~~~_~ ~'~ Kathryn S. b, City Clerk Attachment: AFMG Vending License Agreement AFMG Mazket Operating Agreement Mayor Resolution No. ,Series of 2006 Page 2 ASPEN SATURDAY MARKET VENDING LICENSE AGREEMENT THIS LICENSE AGREEMENT, has been formally entered into this 2'z day of ~U-1~, 2006, by and between the City of Aspen, a municipal corporation hereinafter "the City") and the Aspen Farmers Market Group (hereinafter "AFMG"): NOW, THEREFORE, the parties hereby mutually agree as follows: The City hereby grants AFMG permission to establish and operate a booth, or multiple booths as applicable, within the Aspen Saturday Mazket vending area according to the terms and limitations of the Aspen Saturday Market program, as defined by City Council Resolution, series of 2006, and as may be amended from time to time, subject to the following teens and conditions: This License Agreement shall be valid for one (1) year and renewable for five (5) summer market seasons, including the 2007, 2008, 2009, 2010, and 2011 seasons and shall be considered terminated after the close of the 2011 season, unless an extension is mutually agreed upon by both parties. The license shall be automatically renewed; provided, however, that the City does not notify AFMG on or before March 1 of each year that the City shall terminate this license. 2. AFMG acknowledges and accepts that the Aspen City Council has delegated to the Commercial Core and Lodging Commission the authority to administer the operations of the Aspen Saturday Market program. AFMG agrees that the Aspen Saturday Mazket p[ogram will be operated in accordance with the limitafions, Hiles and regulations specified in the Mazket Operating Agreement appended to this License Agreement 3. In consideration of the privileges granted by this License Agreement, AFMG shall neither hold nor attempt to hold the City of Aspen or the County of Pitkin liable for any injury or damage, either proximate or remote, occuurng through or caused by any use of the aforementioned locations, or for any injury or accident occurring thereon. Further, AFMG by execution of this agreement agrees to indemnify and save harmless the City of Aspen and County of Pitkin against any and all claims for damages or personal injuries arising from the operations of the AFMG hereinabove described whether asserted by AFMG, its agents or employees, its guests or invitees. 4. If legal action is taken by the City to enforce the provisions of this agreement, the City shall be entitled to recover from AFMG its costs, including reasonable attorneys fees. 5. The parties agree that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements contained herein shall be deemed or taken to be a waiver of any succeeding or other breach. 6. AFMG represents and warants that its operations herein shall be in compliance with all applicable federal, state, and local laws ordinances, regulations, pertaining to the activities of AFMG. Resolution No. ,Series of 2006 Page 1 The privileges ganted and conferred by this ageement shall not be transferred or assigned in whole or in part by AFMG. The City hereby reserves the right to revoke this vending agreement at the discretion of the City or if AFMG fails to comply with the Aspen Saturday Market progam, as maybe amended from time to time. 8. It is expressly ageed that this License Ageement shall not operate or be construed to create alandlord-tenant relationship between the City and AFMG under any circumstances whatsoever. IN WITNESS WHEREOF, the parties hereto have executed this Ageement on the date hereinafter~Iw,r~ittJen. 'y DATE~G,` `~~~b , ~l CITY OF ASPEN, COLORADO A Municipal Corporation: elen K. Kland d, ayor ASPEN FARMERS MARKET GROUP: Dave Whittleesey, Co-Chairpe APPROVED AS TO FORM: reester, City Attorney ATTEST: Kathryn K ity Clerk Resolution No. ,Series of 2006 Page 2 SATURDAY FARMER'S MARKET - EXPANSION BACKGROUND In respect to the SUCCESS of the Saturday Farmer's Market there is really no question. As a FREE event, the market generates between 30 to 50,000 people in attendance every summer and fall season. The market not only generates tax dollars, but greatly benefits local retailers as market shoppers continue their shopping experience throughout the downtown during the 17 Saturdays the market is open for business. The market began 12 years ago with only 14 farmer type vendors..... And, over these last years, bit by bit, we have expanded to what is now a thriving Saturday market with over 65 vendors. This includes more agricultural vendors, and the additions of arts and crafts as well...... with a large waiting list in reserve. WHY EXPAND? Expansion creates a number of benefits: The new U-shaped layout will deliver a steady stream of people directly onto the Hyman MaU for the retailers and restaurants benefit Also, for the first time, the Saturday market will be visible to the people walking on the Hyman Mall. We strongly feel this will be a huge win for the Hyman Mall as well as the Saturday Market. The tie-in will be extremely advantageous for both sectors. It will allow more much needed square footage space around each individual booth, gencrating a better and more comfortable experience. It will allow fox up to 10 new agricultural and craft vendors. It will allow the vendors in the park to finally move out onto the sweet where they will have a great deal more exposure. Like any successful organization or event, it must keep evolving otherwise it will become stagtutnt. OBJECTIONS There are only two parties not in favor of expansion; Don Lemos, representing the parking lot, and the Dtngilian Family, representing Lt Annie's. In response to the Lemos letter, the CCLC disagrees on a number of levels. During the summer the parking lot in question: 1. Usually has less than 8 cars in it during the market time. 2. There is a second easy entrance in the alleyway behind Boogies that we would argue is a much SAFER entrance than crossing a busy pedestrian sidewalk on Hyman. 3. Truck deliverics are not a problem for the parking lot due to the comer positioning of the alley entrance. 4. Street parking on Hyman is only affected between 10:00 am and 3:00 pm. >n respect to the Dingilian letter: 1. It is true that the CCLC discussed this idea in January.....openly and in public forum, but we NEVER agreed not to go forwazd. 2. We really don't understand why Lt. Annie's is not applauding the fact that we can deliver over 2500 possible customers walking past their restaurant on 17 otherwise dead Saturdays. We have offered to work with chum to provide an outdoor dining space in front of their restaurant. 3. Mr. Dingilian's parking lot objections have already been addressed. SUMMARY The CCLC had meeting after meeting with the public, especially inviting and going out of our way to include all the businesses on Hyman St......during which time we discussed in depth both perceived benefits and detriments. The CCLC tmanimously agree that the benefits of expanding the market onto the Hymen Mall, FAR OUTWEIGH the problems argued by those objecting. We strongly feel that as one of Aspen's most popular and successful FREE events, we need to continue improving our product. We have discussed this possibility ead researched the U-shaped expansion for over 3 years. We feel this is a very wise and forward thinking business decision, especially when so many businesses downtown are suffering FINALLY, we, the CCLC, do understand the objections......and do not find them insutmountabk. We believe the benefits to the community significantly outweigh the objections. We are willing to take this first year on a trial basis for the 17 Saturdays. Then, after the season, we would conduct a review to see if expansion should stand. Thank you for your time and consideration, Terry Butler, Chairperson Andrew Kole Bill Dinsmoor Don Sheely John Stan: Fred Ayazza Mark Goodman Mark Zitelli VI11,b MEMORANDUM TO: Mayor and City Council FROM: Ben Gagnon, Special Projects Planner n~,•-- THROUGH: Chris Bendon, Director, Community Development Department DATE OF MEMO April 5, 2010 MEETING DATE: April 12, 2010 RE: 301 W. Hyman -Amendment to Zone District Map, Final PUD, Subdivision Second Reading of Ordinance No 7, Series of 2010 APPLICANT /OWNER: John Cooper REPRESENTATIVE: Peter Fornell LOCATION: 301 W. Hyman Ave. CURRENT ZONING cat USE R-15. Four (4) free market residential units on a 3,600 s.f. lot. PROPOSED LAND USE: Applicant seeks to demolish existing free market 4-plea and replace it with a new and larger structure containing eight (8) deed- restricted affordable housing units. Applicant requests an Amendment to the Zone District Map to rezone the property from R-15 to AH/PUD, which requires a Final PUD Development Plan. Establishing eight (8) new residential units requires approval as a subdivision. ~,~, •~,', q~. ~; x STAFF RECOMMENDATION: The project has been revised and staff recommends approval of Amendment to Zone District Map, Final PUD and Subdivision. SUMMARY: Applicant requests that City Council determine that the Amendment to the Zone District Map meets standards of review; approve a Final PUD and approve a subdivision. 301 W. Hyman LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from City Council: Amendment to the Zone District Map [Rezoning] - An application for Amendment to the Zone District Map, pursuant to Land Use Code Section 26.310.020, requires the City Council, at a public hearing, to determine if the application meets the standards for an amendment to the Zone District Map. The City Council is the final decision-making bodes Consolidated Conceptual and Final PUD - An application for Consolidated Conceptual and Final PUD, pursuant to Land Use Code Section 26.445.030(B)2, requires the City Council, at a public hearing, to approve, approve with conditions or deny the PUD. The City Council is the final decision-making bodv. • Subdivision - An application for Subdivision, pursuant to Land Use Code Section 26.480.040(C)1, requires the City Council, at a public hearing, to approve, approval with conditions or deny the Subdivision. The City Council is the final decision-makin bg ody_. The subject parcel at 301 W. Hyman is indicated by the arrow at left. Note the city ice rink just to the east of the subject parcel. CHANGES TO THE PROPOSAL SINCE 1sT READING: The applicant has responded to concerns voiced by staff, the Planning and Zoning Commission and City Council regarding azchitecture. Staff is now satisfied that the azchitecture meets the required standazds of review. Improvements include changing the nan•ow gables on the roof to longer shed roof forms; significantly expanding the 2"d floor decks and creating improved first floor entries on the north and south sides. Also, the previous plan featured a second floor that was wider on the north and south sides than the first floor, creating an unusual "mushroom" element. The new proposal makes the first floor footprint equal to the second floor, and also expands the size of the first floor units to more livable spaces. (Please see Exhibit A for new Elevation drawings; a full "rendering" will be presented at the April 12s' public heazing before City Council. Elevation drawings are technical in nature; the full-color rendering will provide a better feel for the new architectural treatment.) In addition, a recent suggestion by the City Engineer has allowed for improvement of the site plan. The City Engineer would like to see the pavement azea on Second Street between the Ice Rink and 301 W. Hyman narrowed considerably in order to reflect the dead-end of Second Street. This allows for more buffer space between the proposed structure, a new five foot sidewalk leading to the Midland Trail and a new three-foot landscaped buffer between the new sidewalk and the head-in pazking. (Please see Exhibit B; new Site Plan.) Also, rather than azero-foot setback on the west side of the subject pazcel, the new site plan moves the structure three feet off the property line, creating a buffer with city-owned land to the west. Finally, the structure is being moved three feet to the north to create a larger buffer between the structure and the Midland Trail, and a lazger backyazd area for the first floor residents. This backyazd area is an improvement over the previous plan, which included a deck on the east side of the building. Compazed to the larger and more private backyard to the south in the new site plan, the deck on the east in the previous plan would not likely have been used due to the direct view of the large mass of the Ice Rink, and shade in the afternoon. The improvements both to the site plan and the architecture has caused staff to change its recommendation of denial to a recommendation of approval. While much of this memo is identical to the memo provided in the First Reading packet, some sections between pages 6-11 have been changed to reflect the new proposal. As requested by Council at First Reading, a Pazking Department staff member will attend the public hearing on April 12ei. Also, a site visit has been noticed for noon on April 12a', at 301 W. Hyman for any Council members or citizens who wish to attend. BACKGROUND: Of the three (3) sepazate land use reviews applicable to this proposal, this memo will focus first on the proposed Amendment to the Zone District Map Rezonin and approval of a Final PUD Development Plan. Applicant is asking to 3 rezone 301 W. Hyman from R-15 to AH/PUD. The AH/PUD Zone District establishes dimensional requirements through the adoption of a Final PUD Development Plan. Subdivision is required because the proposal would establish multiple dwelling units. Although City Council must review Subdivision criteria in this case, the standazds of review for Rezoning and PUD taken together are more stringent and comprehensive than Subdivision criteria. The rest of this memo will examine each land use review separately, focusing on key elements of the proposal, and the most relevant standards of review. Complete staff findings for each standard of review can be found in the exhibits. Before beginning the staff analysis, Table 1 provides basic information on existing and proposed conditions. Table 1: Comparing Existing Condition & Existing R-15 Zoning to Proposed AH/PUD Zoning and Proposed PUD Dimensions Exisfin¢ R-15 AH-PUD Proposed PUD Minimum Lot 900 s.f. 15,000 for 1- 500 s.f. for 591 s.f. for Area per (4 units on Family; 7,500 one-bed units one-bed units Dwelling Unit 3,600 sf lot for du lex (7 units (8 units) 2,240 2,568 for lfam 3,960 4,729 Square Footage existing 2,880 for du lex Front Yard 11' 25' No req. 3' setback (Hyman) Side Yard 8' (to east) 10' + 10' No req. 7'4" (to east) setback 5' (to west) 3' (to west) Rear Yard 17' 10' No req. 7' setback AMENDMENT TO THE ZONE DISTRICT MAP [REZONING]: The two most relevant standazds of review for rezoning in this case aze: 1) Is this rezoning consistent with the 2000 Aspen Area Community Plan? 2) Is this rezoning compatible with surrounding zone districts and land uses? The staff memo will focus on these two key issues, while a list of all criteria and staff findings can be found in Exhibit C. Consistencv with the 2000 AACP. There is no doubt that the production of affordable housing is a priority of the 2000 AACP. More specifically, the AACP asks "The public and private sectors (to) work together to ensure success in providing affordable housing." (Housing Goal C, pg 27) Similazly, the AACP "Encourage(s) greater participation by the private sector in developing affordable housing." (Housing Goal E, pg 27.) 4 Furthermore, the AACP seeks to ``encourage (affordable housing) within the traditional town site ..." It goes on to say that, "When employees have the ability to live near where they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's social fabric." (Housing Philosophy, pg 2~-26.) This desire was reinforced in the Transportation chapter, which stated that, "New development should take place only in areas that are, or can be served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling." (Transportation Philosophy, pg 21.) Also, with regard to the AACP goal that "Housing should be compatible with the scale and character of the community ... ," staff finds that the scale and density of the proposed structure is consistent with a neighborhood that features relatively high floor area ratios and relatively high residential/lodge densities. Compatibility with surrounding zone districts and land uses. The proposed rezoning would change the property at 301 W. Hyman from R-15 to AH/PUD. According to a staff examination of surrounding zone districts and existing land uses, a zoning of AH/PUD would actually be more compatible with the existing neighborhood than the current R-15 zoning. Shadow Mtn. Lodge, at 232 W. Hyman. This relatively high-density neighborhood includes R-6, R-1 S and RMF (Residential Multi Family) zoning in close proximity to the subject parcel. Although many properties are zoned R-6 and R-15, the existing characteristics of most of these properties are more consistent with the higher FAR and higher densities allowed in RMF or AH/PUD zone districts. This neighborhood was largely built up in the 1960s and `70s with relatively high densities and high FAR - it bears little resemblance to the R-6 neighborhood of the West End, or the R-15 neighborhood in the Cemetery Lane area. (Please see detailed staff review in Exhibit F.) Also, the limited size of the subject parcel (3,600 sq. ft.) should be considered because the small lot size inherently limits the overall impacts of the relatively high FAR and density that is allowed under AH-PUD zoning. In addition, the existing city open space directly adjacent to the west creates a 30-foot buffer with the adjacent neighbor. CONSOLIDATED CONCEPTUAL AND FINAL PUD: The most relevant standards in establishing a Final PUD Development Plan for this proposal are: 1) Are the proposed dimensional requirements compatible with the neighborhood? 2) Does the proposal have an impact on traffic, transit, pedestrian circulation and pazking? 3) Does the architectural reflect the intended use and does it enhance the visual chazacter of the city? The staff memo will focus on these three key issues, while a list of all criteria and staff findings can be found in Exhibit D. (Criteria for reviewing a PUD also includes consistency with the AACP, which was addressed in the previous section of the memo.) Proposed dimensional reauirements. Most zone districts specifically establish dimensional requirements and limits. In the AH/PUD Zone District, there aze "guiding" standards for floor area ratio and density, but all other dimensional requirements are established as part of asite-specific Final PUD Development Plan. Floor Area Ratio: Mass and Scale The AH/PUD Zone District includes a sliding scale for floor azea ratio according to lot size, to be used "as a guide" when considering a Final PUD Development Plan. The lot size at 301 W. Hyman is 3,600 squaze feet, and the sliding scale suggests a 1.1:1 floor area ratio, which translates into a 3,960 sq. ft. structure. The applicant's initial proposal requested 4,024 sq. ft. structure, reflecting a .02% increase over the "guide," in order to include eight (8) one-bedroom units on the site at 500 sq. ft. apiece. After Community Development Department staff reviewed the initial proposal, the applicant agreed to enclose the outdoor stairway to the second floor (improving fire protection and architectural chazacter), and to establish an interior hallway on the second floor (enabling all upstairs units to enjoy outdoor balconies). After agreeing to staff suggestions, the adjusted squaze footage was 4,486 - or 526 squaze feet over what the AH/PUD Zone District "guide" suggests. However, this change made the second story of the structure wider than the first floor to the north and south, creating an unusual "mushroom effect." As the applicant continued to work with staff following Council's First Reading on Mazch 22, staff suggested the azchitectur could be improved if the first story footprint matched the second story, removing the "mushroom effect." After agreeing to the suggestion, the adjusted squaze footage of the structure becomes 4,729 - or 18% over what the AH/PUD Zone District "guide" suggests. This change also has the benefit of creating somewhat lazger and more livable affordable housing units. One of the relevant PUD standards of review is whether the scale and massing is "appropriate" for the surrounding azea. Again, referencing staffs review of the 6 neighborhood, the proposed 1.3:1 Floor Area Ratio (FAR) is within the range of existing FAR in this part of town. (Please see Exhibit F.) Also, a mitigating factor is the existing city-owned land immediately to the west of the 301 W. Hyman parcel -this 30-foot strip creates a buffer between the project site and the next (and last) house on the south side of Hyman Ave. According to the Parks Department, this city-owned land has been managed as open space for at least 20 yeazs, and a city ballot election would be required to change its future use. Another reason that staff finds the mass and scale to be "appropriate" is the immediate context of the subject pazcel, including the lazge mass and scale of the city's indoor Ice Rink, directly across Second Street. Staff finds that the existing buffer between the only adjacent residential neighbor, the existing high-FAR chazacteristic of the built neighborhood and the provision of eight new units of affordable housing all mitigate for the variation from the AH/PUD Zone District Floor Area Ratio "guide." Density The AH/PUD Zone District also establishes a sliding scale of maximum allowable density by assigning a Minimum Lot Area per dwelling unit, also to be used "as a guide" when considering a Final PUD Development Plan. The guidelines aze shown in Table 2. Table 2: Guide for Max. Allowable Density in the AH/PUD Zone District Unit T e Min. Lot Area Per Unit Dormito 300 sf Studio 400 sf 1-bedroom 500 sf 2-bedroom 1,000 sf 3-bedroom 1,500 sf 3+ bedroom 1,500 + 500/bedroom According to the PUD "guide," the 3,600 square foot lot can accommodate seven (7) one- bedroom units. The proposal requests eight (8) one-bedroom units, thereby slightly exceeding the suggested maximum allowable density. PUD standazds of review allow for an increase in maximum allowable density "if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints." The PUD standards go on to identify "goals of the community as expressed in the Aspen Area Community Plan (AACP)." By providing eight (8) new affordable housing units in close proximity to downtown and a commuter trail, the proposed modest increase in density serves a central goal of the AACP. Also, this modest increase in density beyond the PUD guide is "compatible with (the) surrounding development patterns ..." due to the compazably high densities in this neighborhood. Table 3, next page, spells out the various dimensional "guides" in the AH/PUD Zone District, along with the dimensions proposed for the development at 301 W. Hyman. Please note that many dimensional standazds have no requirement and no "guide." Table 3: Dimensional Requirements for AH/PUD Zone District, compared to proposal Dimensional AH/PUD Proposed @ Requirements Zone 301 W. Hyman District Minimum Lot Size No 3,600 sq. ft re uirement Min. Lot Area / 500 sq. ft 591 sq. ft Dwellin Unit = "uide" Maximum 7.2 units 8 units Allowable Densi = "uide" Minimum Lot Width No 60' re uirement Minimum Front No 3' Yazd re uirement Minimum Side Yard No 7'4" east re uirement 3'--west Minimum Rear Yard No 7' re uirement Maximum Site No 66% Covera e re uirement Maximum Height No 24' re uirement Minimum dist. Not N/A between buildin s a licable. Minimum Open No N/A S ace Percent re uirement Allowable Floor 3,960 sq. fr 4,729 sq. ft. Area = "uide " Minimum Off-Street No 0 Parkin re uirement Traffic, transit, pedestrian circulation and parking With regazd to impacts on traffic, one salient fact is that the proposal would only generate a net increase of four (4), 500+ square-foot residential units. While this does represent a net increase in potential traffic, it is a very modest increase considering the existing density of the neighborhood. There aze no traffic congestion issues in this part of town, and the location of the project within the townsite and close to downtown makes it more likely that people will walk and 8 bicycle to meet a variety of needs. The "commuting" Midland Trail is located right next to the property. There are also Cars-to-Go locations at nearby Paepcke Park, the Limelight Lodge and Third & Hyman. There are currently no parking spaces located on this very small (3,600 square feet) lot. There are six existing head-in parking spaces on the east side of the property inside the City Right-of--Way on 2nd Street. There are 3-4 parallel parking spaces on the north side of the parcel in the City Right-of--Way along Hyman Ave. According to the land use code, this project should provide four off-street parking spaces, due to the net increase of four residential units. However, a Special Review or the establishment of dimensional requirements in a PUD process can allow for fewer parking spaces. In this case, staff fully agrees with the applicant in requesting that the number of off- street parking spaces be established at zero (0) as part of the Final PUD Development Plan. There are several reasons for waiving the requirement for adding off-street parking in this case. If parking were to be located on the east side of the property, access from Second Street would eliminate several of the existing head-in parking spaces currently existing in the City Right-of--Way. The Parking Department does not want to lose any of these parking spaces on 2nd Street, especially considering they are directly across from the City's Ice Rink. There is a similar scenario on the north side of the lot, along Hyman Ave. If parking spaces were located on the north side of the lot, the access to these new spaces would 9 These head-in parking spaces are in the City Right-of--Way, on the east side of the parcel at 3 l0 W. Hyman. eliminate most, if not all, of the existing pazallel pazking spaces on Hyman Street. IN other words, there would be little net gain of pazking. At the same time, the Community Development Dept. recommends that there should not be parking on the east or north sides of the property because both Residential Design Standazds [Section 26.410.040(c)1(a)], and Characteristics of Off-Street Parking Spaces [Section 26.515.020B] call for parking azeas to be accessed off an alley or private road and not public street, such as Hyman Ave. or Second Street. Pazking on the west or south side of the pazcel would not be appropriate, as such parking areas would be directly adjacent to city-owned land that is managed as open space. During the Development Review Committee (DRC) process, Pazking Department staff stated that there is sufficient on-street parking capacity in the neighborhood to accommodate the net increase in vehicles generated by the proposal. Staff said the adjacent ice rink does result in some pazking congestion, but noted there is sufficient capacity for on-street pazking to the west (on the south side of Hyman Ave.), some capacity along 2"d Street and significant capacity available along Hopkins. Due to the Parking Dept. preference to retain on-street parking, the land use code preference to avoid off-street pazking that is accessed directly from a public street, the small size of the lot and the absence of an alley, sufficient capacity of on-street pazking and the minimal net increase of four, one-bedroom units, staff fully supports the waiver of off-street parking requirements for this project, via the Final PUD Development Plan process. Architectural character. Applicant has worked with Community Development staff through several versions of azchitecture in recent months to improve the initial architectural proposal. ":, ;, ~.. ..; ~_ a.o. Original application for 301 W. Hyman. (Color version was Exhibit A in First Reading packet.) l~ The initially proposed "pyramid" roof is not typically found in Aspen and replaced with the more common two-pitched roof and gables before the project got to the Planning and Zoning Commission. The initial proposal included exposed, outdoor exterior stairways and exposed, outdoor second floor walkways, which suggested amotel-like appeazance. Applicant made the stairways and second floor hallways interior, which also allowed for more traditional private balconies on the second floor. Applicant also responded to staff suggestions to modify the window treatments to include flower boxes and show some individuality to the units. Staff suggested at-grade patio space for the first floor units, and applicant complied. .. ~ ' k ~ r. .y ;~ + i~. .. ~? k, I ~ I { y~ .~ 1 9~ alt r t ~} k ~~` ~ ~ ~ _ _ ~C ~ t .r, Revised rendering presented to P&Z on February 2, 2010. (Color version was Exhibit B in First Reading packet.) Staff saw some improvements in the version presented to P&Z, but still did not believe the azchitecture was "compatible with or enhance(s) the visual chazacter of the City," according to the primary PUD standard on azchitecture. The P&Z recommended Council approval of the Amendment of the Zone District Map, Final PUD and Subdivision, subject to improvements being made to the azchitecture. At First Reading, City Council also recommended improvements to the architecture, and the applicant ahs worked with staff on several changes, including replaced the narrow gables with somewhat wider shed roofs that do a better job of breaking up the roof mass, expanded balconies and improved first floor entrances. New Elevation drawings are included in this packet as Exhibit A. However, Council should be aware that Elevation drawings aze somewhat technical in nature. A full color rendering, to be presented to Council on April 12`I', will provide a better feeling for the azchitecture. 11 Other PUD standazds. Staff has called out the above three PUD standards as key standards with regard to the proposal; the full set of PUD standazds and staff findings can be found in Exhibit D. SUBDIVISION: Subdivision is required because the proposal would establish multiple dwelling units. Although the Council must review Subdivision criteria in this case and either approve, approve with conditions or deny, the standards of review for rezoning and PUD taken together aze more stringent and comprehensive than Subdivision criteria. The only key subdivision standards for this proposal are consistency with the AACP and consistency with the character of land uses in the azea: These standards are addressed in this memo under Amendment to the Zone District Map and Final PUD Development Plan. The full set of subdivision standazds and staff findings can be found in Exhibit E. PLANNING AND ZONING COMMISSION REVIEW: The Planning and Zoning Commission recommended that City Council approve Rezoning, Final PUD. and Subdivision, and itself approved Growth Management review by a 7-0 vote on February 2, 2010, as part of Resolution No. 4, Series of 2010. Growth Management for Affordable Housing requires compliance with Aspen/Pitkin County Housing Authority (APCHA) guidelines. The APCHA Board met on January 6, 2010, and recommended approval of the project at 301 W. Hyman, with conditions, including that all units be for sale units, and be sold via the housing lottery. Since that time, APCHA staff has agreed to ask the APCHA Boazd to allow the applicant to sell two of the units directly to two of the current renters, who have been living at 301 W. Hyman for more than 10 years, if they are APCHA-qualified. The other six would be sold via the lottery. Staff Response to P&Z Conditions The P&Z established several conditions in Resolution No. 4, which have been incorporated into the latest proposal, including architectural changes and adjustments to the site plan. With regard to the housing certificate code amendments that were approved by Council on Mazch 22, Ordinance No. 7, Series of 2010, approving the project at 310 W. Hyman contains a condition that will generate a Certificate of Affordable Housing Credit upon issuance of Certificate of Occupancy, certifying that applicant has 14 transferrable FTEs, as recommended by the Aspen Pitkin Housing Authority Boazd on Jan. 6, 2010. SITE VISIT: A site visit will be legally noticed and posted so that City Council members who wish to attend can convene at noon on Monday, April 12 at 301 W. Hyman. The public is welcome. RECOMMENDATION: Staff recommends approval. 12 CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move adoption of Ordinance No. 7, Series of 2010, on Second Reading." ATTACHMENTS: Exhibit A -Initial application (provided in First Reading packet) Exhibit Al -New Elevation drawings Exhibit B -New Site Plan Exhibit C -Staff findings for Amendment to the Zone District Map Exhibit D -Staff findings for PUD Exhibit E -Staff findings for Subdivision Exhibit F -Zoning Analysis Exhibit G -Planning and Zoning Commission Resolution No. 4 (In First Reading packet) Exhibit H -Planning and Zoning Commission minutes 2/2/10 (In First Reading packet) 13 ORDINANCE N0. 7, (SERIES OF 2010) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A ZONE DISTRICT MAP AMENDMENT, A FINAL PLANNED UNIT DEVELOPMENT (PUD), AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF EIGHT AFFORDABLE HOUSING UNITS ON THE PROPERTY LOCATED AT 301 W. HYMAN AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 51246 7002 WHEREAS, the Community Development Department received an application from Ajax Apartments LLC, represented Peter Fornell, requesting approval of a Zone District Map Amendment, final Planned Unit Development (PUD), Affordable Housing Growth Management, and Subdivision, to develop eight affordable housing units at 301 W. Hyman Ave.; and, WHEREAS, the Applicant requested approval by the Planning and Zoning Commission for Affordable Housing Growth Management,; and, WHEREAS, the Applicant requested a recommendation by the Planning and Zoning Commission to the City Council for approval of a Zone District Map Amendment, Final Planned Unit Development (PUD), and Subdivision; and, WHEREAS, the property is located at 301 W. Hyman Ave. and is zoned Moderate-Density Residential (R-15); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the architectural character requirements of a Planned Unit Development (PUD); and, WHEREAS, during a duly noticed public hearing on January 19, 2010, the Planning and Zoning Commission approved a motion to continue the public hearing, requesting that the applicant return with improvements to architectural chazacter; and WHEREAS, during a duly noticed public hearing on February 2, 2010, the Planning and Zoning Commission approved Resolution No. 4, Series of 2010, by a 7-0 vote, approving Affordable Housing Growth Management Review for eight (8) one-bedroom units, and recommending the Aspen City Council approve a Zone District Map Amendment, Final PUD, and Subdivision, with conditions; and, WHEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Ordinance No 7, Series 2010 Page 1 of 7 Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE ASPEN CITY COUNCIL, COLORADO THAT: Section 1: Zone District Map Amendment. Rezonine Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the City Council hereby approves an Amendment to the Zone District, rezoning 301 W. Hyman Ave. from R-15 to Affordable Housing/Planned Unit Development. Section 2: Approved PUD Dimensional Requirements Dimensional Re 30t W. H man Minimum Lot Size 3,600 s . ft Min. Lot Area / Dwellin Unit 591 s . ft Maximum Allowable Densi[ 8 units Minimum Lot Width 60 feet Minimum Front Yard 3' 2"d floor balcony projects to lot line toward H man Ave. Minimum Side Yard 7'4" -- east 3' -- west Minimum Rear Yard 7' 2nd floor balcony projects 3' into setback toward Midland Trail Maximum Site Covera e 66% Maximum Hei ht 24' Minimum dist. between buildin s N/A Minimum O en S ace N/A Allowable Floor Area 4,729 s . ft. Minimum Off-Street Parkin 0 Section 3: Subdivision Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.480, Subdivision, the City Council hereby approves the Ajax Apartments Subdivision, consisting of eight (8) residential units ofdeed-restricted affordable housing. Ordinance No 7, Series 2010 Page 2 of 7 Section 4: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries, disposition of lands, and utility and surface easements. 2. Reference to the access easement and any trail easements from adjoining property owners. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of--way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and pazcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. The top-ot=slope shall be depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A phasing plan describing the sequence of development phases and the improvements for each phase. The City encourages the applicant to develop the drainage improvements during phase one, thereby minimizing impacts on Rio Grande Trail. 3. A landscape plan showing location, amount, and species of ]andscape improvements with an irrigation plan with a signature line for the City Pazks Department. 4. Design specifications and profiles for public trail improvements. 5. An architectural character plan demonstrating the general architectural chazacter and depicting materials, fenestration, and projections. 6. Floor plans of each level of each building depicting unit divisions. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. An exterior lighting plan meeting the requirements of Section 26.575.150. Ordinance No 7, Series 2010 Page 3 of 7 Section 5: Subdivision/PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. 2. The agreement shall include a maintenance and operating agreement for public trails located on the property and shall reference agreements with adjoining landowners for public trails and the vehicular access. 3. The agreement shall identify the trees on the property to be affected by each stage of development and those which shall require mitigation. The agreement shall require mitigation be payable at the time of building permit issuance for each phase and shall indicate that permit and mitigation fees shall be determined at the time of each phase and are subject to change. 4. A Construction Management Plan (CMP) acceptable to the Community Development Engineer. 5. In order to secure the construction, installation and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs of all phases of the development. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Stormwater System Development Fee. A construction management plan shall be submitted as part of building permit application. Applicant shall be responsible for installing sidewalk, curb and gutter on west side of parcel, along Second Street, meeting all applicable standards. There shall be no sidewalk, curb and gutter on the north side of the parcel, along Hyman Ave., although City standards for drainage requirements shall be met within the Hyman Ave. Right of Way. City reserves the right to require sidewalk, curb and gutter in the future along Hyman Ave. Section 7: Affordable Housing The eight (8) on-site, one-bedroom affordable housing units shall be deed restricted to Category 2. The units shall be sold through the APCHA lottery process, with the exception of two units to be sold by applicant (Ajax Apartments LLC) to APCHA- qualified owners currently leasing on-site; all subsequent owners to be determined through the APCHA lottery process. Ordinance No 7, Series 2010 Page 4 of 7 The sales price of all units shall be as stated in the APCHA guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. Section 8: Certificates of Affordable Housine Upon issuance of a Certificate of Occupancy, applicant shall be issued a Certificate of Affordable Housing Credit in the amount of 14 Full-Time-Equivalents, according to Section 26.540 of the City of Aspen Land Use Code, and as recommended by the Aspen Pitkin County Housing Authority Board of Directors on January 6, 2010. Section 9: Fire Mitieation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The applicant shall provide an overall access plan for the site with the building permit submittal. Section 10: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by engineering and the water department prior to recordation. Section 11: Sanitation District Requirements The Aspen Consolidated Sanitation District will require a new separate sewer service to the district's main line located on the east side of Second Street, as a condition of Certificate of Occupancy. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 12: Environmental Health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be awaze of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements and noise abatement. Wildlife protection/enclosures for the trash and recycle azea is required. Section 13: Exterior Liehtine All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: Parks Ordinance No 7, Series 2010 Page 5 of 7 Building permit plans shall include a detailed plan submitted for new street trees, with species, location and tree trench prepazations subject to approval of the City Forester. An approved tree removal permit will be required before any demolition or access infrastructure work takes place. Tree protection fences must be in place on the west and south sides of the property line, and inspected by the City Forester or his/her designee before construction activities commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed outside of the tree protection fencing. There should be a location and standard for this fencing denoted on the plan. Over digging into City property (west and south sides) is prohibited, any excavation shall be vertical only. Section 15: Parkins There is no parking on the property. Owners/renters will be eligible to purchase Neighborhood Permits for on-street parking. Section 16 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 Planning and Zoning Commission or 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 17 This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18 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 19: Public Hearine A public heazing on this Ordinance was held on April 12, 2010, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of March 2010. [signatures on following page] Ordinance No 7, Series 2010 Page 6 of 7 Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2010. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Ordinance No 7, Series 2010 Page 7 of 7 ~d W zW ~ o w~ O ~ _ W N ~ `~ a V o ~ o ~ ~ U U „zr~ s-,az 0 C N 2 O M i ~ Z ~ W Z 0 ~ ~ `~ c~ o zo ~ o 0 w _~ o a ~ ~ (V O M D Z LO 1\ W J W Z O a W Z z o w :+ ai W d~ o W a U U C (tf 0 O O M z 0 w J W 0 W o m n ~ ~ U o ~~ W Z o ~ N _> ~ ~1 Q W o o w ¢ ~~ U (a >+ I ~~ O M ~ zW ~ o ~~ o -_ W N (n J ~ ~~ V o a W 2 ~ Q ~/ !~i.. U C O M LL O z0 2 ~ W Z J U W U W 7 F J U Z 0 W J W H W 0 a 2 v ~ 1~ N J ~ ~~ N O ~ ~ W a ~ U ~~ C c~ C r 0 M O O ~ Z za § o U W c i$ ,~ ~, ~n ~ •W v ~ c ~ .i ~~ W ~ a ~ ~ U U nns 2 r M Z g ~. 0 0 J LL ~_ LL -t-o-s 4'- 0 Q a ?~ a ' n~-'` a ~ ~;,~ o~ W oG ~~ O O J LL Z W /W vMJ W ~ l~ vJ E 0 M .ral~ sM E~" ':tea, ~_ y ~J l t ~ ~ O y ~ V W ~ ~ U z _ _ o-~ 8 a p 0 0 0 ,m ~ ~ ~~ g ~ ~ m ~ ~ ~ m m a ~/~//~~ REF REF a .~W ~ ~ V / ~ x ® ® x j ~ i /I'~ ~,^! O O ,^W O O Y, C ~ ~- /1 _ x r LLJ ~J ~ y T REF GEF Q - ~ a~ Q (~ ~ 0 8 ~ ~ = 0 ~o ~ m~~m ~ "~ M 8 m ~m ti Cfl _ o ~ 0 @ Z 7 p 3 ~ 9 0 U O 4 Q 0 Z ~ Y W ~ = a ~ N M V ~ (O 1~ OD Z Z Z Z Z Z Z Z Y Y Y Y Y Y Y Y ~ ~ ~ ~ ~ ~ ~ ~ a a a ~ a a a a ear nin -r Exhibit C Amendment to Zoning Map Review Criteria & Staff Findings Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and "toning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: The amendment is not in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: The production of affordable housing is a priority of the 2000 AACP. The proposed amendment to the Zone District Map would change current zoning on the subject property from R-15 to AH-PUD, allowing for the conversion of four (4) free market units to eight (8) deed-restricted affordable housing units. The proposed amendment is consistent with the following statements in the 2000 AACP: • "The public and private sectors should work together to ensure success in providing affordable housing." (Housing Goal C, pg 27) • "Encourage greater participation by the private sector in developing affordable housing." (Housing Goal E, pg 27) • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands." (Housing Philosophy, pg 25-26) • "When employees have the ability to live near where they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's social fabric." (Housing Philosophy, pg 26) • "New development should take place only in areas that are, or can be served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling." (Transportation Philosophy, pg 21) • "Contain development with the creation of the Aspen Community Growth Boundary...to ensure development is contained and sprawl is minimized." (Managing Growth Goal D, pg 18) Also, with regard to the AACP goal that "flousing should be compatible with the scale and character of the community ... "staff finds that the size and density of the proposed structure is consistent with a neighborhood that features relatively high floor area ratios and relatively high densities. (Please see Exhibit H.) C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The proposed amendment allows for an AH-PUD zoning designation, which is compatible with a relatively high-density neighborhood that includes Residential Multi Family (RMF) zoning in close proximity to the subject parcel. While there are also a number of properties in the neighborhood that are zoned R-6 and R-15, the characteristics of most of these properties are more consistent with the higher FAR and density allowed in the RMF Zone District (please see Exhibit H). Also, the limited size of the subject parcel (3,600 sq. ft.) inherently limits the impacts of the relatively high FAR and density that is allowed under AH-PUD zoning. D. The effect of the proposed amendment on trafTc generation and road safety. Staff Finding: The proposed amendment would allow a net increase of four residential units in an area that is close to the urban core and is amenable to walking, bicycling and the use of mass transit. Regarding road safety, access to the site by vehicles will occur at the end of a dead-end street, limiting conflicts with passing traffic. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: To the extent that the proposed amendment would result in demands on public facilities, the applicant will offset those demands in the form of impact fees, upgraded water and sewer infrastructure and appropriate drainage planning. The proposed amendment would allow a net increase of four residential units in an area that is close to the urban core and is amenable to walking, bicycling and the use of mass transit. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: The proposed amendment would not result in significantly adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding: The proposed amendment would result in new affordable housing that would not otherwise be built. Sufficient affordable housing inventory is an important part of the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: There are no recently changed conditions that would support or oppose the proposed amendment. I.Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: The production of affordable housing is a priority of the 2000 AACP. The proposed amendment allows for the development of affordable housing, and is therefore in the public interest. Exhibit D PUD Review Criteria & Staff Findings Sec. 26.445.050. Review standards: conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with [he following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding: The production of affordable housing is a priority of the 2000 AACP. The proposed PUD would allow for the conversion of four (4) free market units to eight (8) deed-restricted affordable housing units. The proposed amendment is consistent with the following statements in the 2000 AACP: • "The public and private sectors should work together to ensure success in providing affordable housing." (Housing Goal C, pg 27) • "Encourage greater participation by the private sector in developing affordable housing." (Housing Goal E, pg 27) • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands." (Housing Philosophy, pg 25-26) • "When employees have the ability to live near where they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's social fabric." (Housing Philosophy, pg 26) • "New development should take place only in areas that are, or can be served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling." (Transportation Philosophy, pg 21) Also, with regard to the AACP goal that "Housing should be compatible with the scale and character of the community ... "staff finds that the size and density of the proposed structure is consistent with a neighborhood that features relatively high floor area ratios and relatively high densities. (Please see Exhibit H.) 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: This neighborhood is a mixture ofhigh-density lodges, condos and some duplexes and single-family homes. The proposal is a relatively high-density residential use that is consistent with character of existing uses in the neighborhood. (Please see Exhibit H.) 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: The proposed development is consistent with the existing land uses in the area and will not result in any substantial or significant change to the pattern of future development in the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Staff Finding: There are no annual Growth Management allotments necessary for affordable housing units. B. Establishment of dimensional requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of and compatibility with, existing and expected future land uses in the surrounding area. Staff Finding: The dimensional requirements of the propose structure are consistent and compatible with the existing and future land uses in the neighborhood, due to the relatively high FAR and densities existing in the area, as well as those allowed by the number of RMF-zoned properties in the neighborhood. (Please see Exhibit H.) Also, the limited size of the subject parcel (3,600 sq. ft.) inherently limits the impacts of the relatively high FAR and density that is allowed under AH-PUD zoning. In addition, the City Engineer would like to see the portion of 2nd Street between the subject property and the Ice Rink become a narrower street, due to the fact that this portion of 2nd Street is a dead end. There is currently 36' of pavement between the subject parcel and the Ice Rink. The City Engineer proposes and the Community Development Department concurs that the pavement width can be narrowed from 36' to 24'. This adjustment serves to purposes: 1) Drivers and pedestrians are provided a visual cue that 2"d Street is coming to a dead end; 2) It provides a greater buffer between the proposed structure and the head-in parking on the west side of 2"d Street; buffer includes 4' of lawn area, a new 5' sidewalk and a 3' buffer between the sidewalk and the head-in parking. b) Natural or man-made hazards. Staff Finding: Not applicable. No natural or man-made hazards c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. Staff Finding: This small property has no significant natural characteristics such as steep slopes, waterways or significant vegetation or landforms. It is a small, flat property. The surrounding area features City of Aspen Open Space that segues into the base of Shadow Mountain. The proposed structure, while larger than the existing one, would have no significant impact on the much larger surrounding open space area. The open space area is primarily enjoyed and viewed while on the Midland Trail, which will not be altered in any way. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. Staff Finding: The proposal is appropriate with regard to transit and pedestrian circulation due to its location within the townsite and proximity to downtown. With regard to traffic, there are no congestion issues in this neighborhood. According to the land use code, amulti-family project in the Infill Area must provide one parking off-street parking space per unit on a net increase basis, or four off-street spaces for this proposal. Any fewer spaces would require a Special Review by the P&Z or could be established as part of establishing dimensional requirements for a Final PUD Development Plan, pursuant to Section 26.445.040(C)14. Both applicant and staff are asking that the number ofoff-street parking spaces be established at zero (0) as part of the Final PUD Development Plan. There are two reason for waiving the requirement for off-street parking in this case: 'The Parking Department does not want to lose the six head-in, on-street parking spaces now located in the city right of way on the east side of the parcel along 2"d Street, which would be lost in order to gain curb access to a maximum of four off-street spaces. As for the north side of the lot, along Hyman Ave., the Community Development Dept. recommended that there should not be parking in this azea because both Residential Design Standards [Section 26.410.040(c)1(a)], and Characteristics of Off-Street Parking Spaces [Section 26.515.020B] call for parking areas to be accessed off an alley or private road and not a public street. Also, parking on the north side of the property would provide 3-4 off-street pazking spaces, but would eliminate just as many on-street parking spaces. During the Development Review Committee (DRC) process, the Parking Department stated that there is sufficient on-street parking capacity in the neighborhood to accommodate the net increase in vehicles generated by the proposal. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: The dimensional requirements for a proposed structure in the AH/PUD Zone District are established as part of asite-specific Final PUD Development Plan, rather than being specifically prescribed, as they are in most other zone districts. However, the AH/PUD Zone District does include a sliding scale for Floor Area Ratio according to lot size, to be used "as a guide" when considering a Final PUD Development Plan. The lot size of the parcel at 301 W. Hyman is 3,600 square feet, and the sliding scale suggests a 1.1:1 Floor Area Ratio, which translates into a 3,960 sq. fr. structure. The applicant's initial proposal requested 4,024 sq. fr., reflecting a .02% increase over the "guide," in order to include eight (8) one-bedroom units on the site at 500 sq. ft. apiece. After Community Development Department staff reviewed the initial proposal, the applicant agreed to enclose the outdoor stairway to the second floor (improving fire protection and architectural character), and to establish an interior hallway on the second floor (enabling all upstairs units to enjoy outdoor balconies). After agreeing to staff suggestions, the adjusted squaze footage became 4,486 - reflecting a 13% increase above what the AH/PUD Zone District "guide" suggests. After staff and the P&Z expressed continued concerns with the architecture, applicant agreed to make the first story footprint equal to the second story, adding additional squaze footage. The final square footage request is 4,729 square feet. Staff finds this to be appropriate to the character of the surrounding area, and favorable to the character of the PUD due to the provision of eight (8) new affordable housing units. This final adjustment made the one-bedroom units larger and more livable. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any nonresidential land uses. Staff Finding: The land use code requires one off-street parking space for every new unit. Applicant is requesting zero (0) off-street parking spaces. There are no "nonresidential" land uses. Please see staff response to standard B(1)d above. 4 b) The varying time periods of use, whenever joint use of common parking is proposed. Staff Finding: This is not applicable. One residential structure is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. Staff Finding: The site is close to public transit stops, is adjacent to the "commuter" Midland Trail and is close enough to downtown so that residents can easily walk or bicycle to important destinations. The applicant will be building curbs and gutters, which are not currently existing along the property, which will help provide a walking path From the neighborhood to the Midland Trail. The city Cars-to-Go program includes vehicles at Paepcke Park, the Limelight Lodge and at Third & Hyman. d) The proximity of the proposed development to the commercial core and general activity centers in the City. Staff Finding: The proposal is within walking and bicycling distance of the commercial core and general activity centers in the city. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: Staff Finding: Not applicable. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: Staff Finding: Not applicable. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. Staff Finding: There is a modest increase in density beyond the "guide" contained in the AH/PUD Zone District. According to the PUD "guide," this 3,600 square foot lot can accommodate seven (7) one-bedroom units. The proposal requests eight (8) one-bedroom units, thereby slightly exceeding the suggested maximum allowable density. By providing eight (8) new affordable housing units in close proximity [o downtown through an innovative private sector initiative, the proposed modest increase in density serves a central goal of the AACP. Also, this increase in density beyond the PUD guide is "compatible with (the) surrounding development patterns ..." due to the comparably high densities in this neighborhood (please see Exhibit H). b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. Staff Finding: There are no negative physical characteristics of the site as identified in Subparagraphs 4 and 5 above, regarding infrastructure and natural hazards. c) The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Staff Finding: This relatively high-density neighborhood includes R-6, R-15 and RMF (Residential Multi Family) zoning in close proximity to the subject parcel. Although many properties are zoned R-6 and R-15, the existing characteristics of most of these properties are more consistent with the higher FAR and higher densities allowed in RMF or AH/PUD zone districts. This neighborhood was largely built up in the 1960s and `70s with relatively high densities and high FAR - it bears little resemblance to the R-6 neighborhood of the West End, or the R-15 neighborhood in the Cemetery Lane area. (Please see detailed staff examination in Exhibit H.) Also, the limited size of the subject parcel (3,600 sq. ft.) should be considered because the small lot size inherently limits the overall impacts of the relatively high FAR and density that is allowed under AH-PUD zoning. C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding: Not applicable. No unique features on this lot. 6 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding: Not applicable. Only one structure. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: The proposed structure complies with Residential Design Standards. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: Proposal has been reviewed and found to be satisfactory in this regard by the Fire Marshall. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: First floor units will be handicapped accessible, as required by the Building Dept. Applicant will be constructing curb and gutters, which do not currently exist on the site, as required by the Engineering Dept. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: Applicant will comply with site drainage requirements 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: Not applicable. D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits swell-designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding: Small lot will feature minimal landscaping. Parks Department has reviewed the site plan. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding: Proposal will not negatively impact the adjacent public trailhead for the Midland Trail and adjacent public open space, as reviewed by Parks Dept. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: Applicant will comply with Parks Department requirements. E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. Staff Finding: Applicant has worked with Community Development staff to improve the initial architectural proposal. The initially proposed "pyramid" roof is not typically found in Aspen and has been replaced with the more common two-pitched roof, and shed dormers. The initial proposal included exposed, outdoor exterior stairways and exposed, outdoor second floor walkways, which suggested amotel-like appearance. Applicant has made the stairways and second floor hallways interior, which also allowed for more traditional private balconies on the second floor. The first floor entries have been improved. Staff now finds that the architecture meets required standards. There are no historical resources nearby. The ice rink across the street is a cultural resource that features a mass and scale much larger than any surrounding residential use, including the proposed structure. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding: The structure will have anorth-south pitched roof orientation. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding: Structure and site is designed to accommodate storage and shedding of snow, ice and water in a safe and appropriate manner. Eaves will shed beyond the balconies and into the grassy areas, without affecting passing pedestrians. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. Staff Finding: Applicant will comply with relevant code and building permit requirements. Z. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding: Applicant will comply with relevant code and building permit requirements. G. Common park, open space or recreation area. If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: Staff Finding: Not applicable H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding: Upgraded sewer line will be funded by applicant. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding: Upgraded sewer line will be funded by applicant. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: Not applicable. 9 I. Access and circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. Staff Finding: The single lot has direct access to two public streets. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding: The proposed development would generate a net increase of four residential units in an area where there is no traffic congestion, which is close to the urban core and is amenable to walking, bicycling and the use of mass transit. The Car-to- Go program has sites nearby. The Parking Dept. has stated that there is sufficient on-street parking capacity to handle the modest increase generated by this proposal. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Staff Finding: Not applicable. Midland trail is accessed directly from 2°d Street. Applicant will provide curb and gutters along 2"d Street to improve walking access to this trail. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. Staff Finding: Not applicable. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding: Not applicable. 10 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical. Staff Finding: There are no security gates, guard posts or entryway expressions. J. Phasing of development plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: Staff Finding: Not applicable. Exhibit E Subdivision Review Criteria 8~ Staff Findings Sec. 26.480.050. Review standards. A development application for subdivision review shall comply with the following standazds and requirements: A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: Staff Finding: The production of affordable housing is a priority of the 2000 AACP. The proposed amendment to the Zone District Map would change current zoning on the subject property from R-15 to AH-PUD, allowing for the conversion of four (4) free market units to eight (8) deed-restricted affordable housing units. The proposed amendment is consistent with the following statements in the 2000 AACP: • "The public and private sectors should work together to ensure success in providing affordable housing." (Housing Goal C, pg 27) • "Encourage greater participation by the private sector in developing affordable housing." (Housing Goal E, pg 27) • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands." (Housing Philosophy, pg 25-26) • "When employees have the ability to live near where they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's social fabric." (Housing Philosophy, pg 26) • "New development should take place only in areas that are, or can be served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling." (Transportation Philosophy, pg 21) • "Contain development with the creation of the Aspen Community Growth Boundary...to ensure development is contained and sprawl is minimized." (Managing Growth Goal D, pg 18) Also, with regard to the AACP goal that "Housing should be compatible with the scale and character of the community ... "staff finds that the size and density of the proposed structure is consistent with a neighborhood that features relatively high floor area ratios and relatively high densities. (Please see Exhibit H.) 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding: The proposed amendment allows For an AH-PUD zoning designation, which is compatible with a relatively high-density neighborhood that includes Residential Multi Family (RMF) zoning in close proximity to the subject pazcel. While there are also a number of properties in the neighborhood that are zoned R-6 and R-15, the characteristics of most of these properties are more consistent with the higher FAR and density allowed in the RMF Zone District (please see F,xhibit H). Also, the limited size of the subject parcel (3,600 sq. ft.) inherently limits the impacts of the relatively high FAR and density that is allowed under AH-PUD zoning. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding: The proposed development is consistent with the existing land uses in the area and will not result in any substantial or significant change to the pattern of future development in the surrounding area. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: The subdivision will be in compliance with all applicable requirements. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Staff Finding: The 3,600 square foot subject parcel is small and flat. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: Not applicable. There is only one lot in this subdivision. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas and/or the goals of the community. Staff Finding: Applicant proposes to meet standards of Chapter 26.580. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: Not applicable D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement housing program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: This is a 100% affordable housing proposal. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Finding: Applicant will comply with school land dedication fees. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, §2; Ord. No. 12, 2007,§§29,30) Staff Finding: No annual allotments are required for affordable housing Exhibit F Zoning Analysis of Shadow Mountain Neighborhood The following is a brief overview of a portion of the Shadow Mountain neighborhood, including detailed information on properties within 1 and %x blocks of the subject property, at 301 W. Hyman. There is a mixture of zoning in this azea, including Medium- Density Residential (R-6), Moderate Density Residential (R-15) and Residential Multi- Family (RMF). As staff attempts to determine whether the applicant's proposal meets standards relating to neighborhood compatibility, staff is provide some reseazch on zoning, existing floor area ratio and density. Staff's primary conclusion is that while there are properties in the R-6, R-15 and RMF zone districts in this area, the neighborhood has all the features and characteristics of the Residential Multi-Family (RMF) Zone District. A brief look at Table 1 shows that the R-6 and R-15 zone districts prescribe a relatively low floor area ratio (FAR), which typically translates into relatively modest mass, scale and site coverage. The R-6 and R-15 zone districts also feature low densities, limited to either single-family or duplex units. In stazk contrast, the RMF Zone District allows for much higher FAR and far higher densities. The applicant is seeking a zoning from R-15 to AH-PUD, which is comparable to RMF zoning. Table 1: Zoning, FAR & Density Zone Lot Size Floor Area Ratio Density R-6 6K - 9K .41:1 -- .54:1 1/6,000 1/4,500 R-15 9K -- 15K .45:1 -- .3:1 1/15,000 1 /7,500 RMF 4,500 - 6K .75:1 - 1.5:1 1/300 1/1,500 1 /6,000 AH- 4,500 - 6K 1.1:1 1 /300 PUD 1/500 1/1,500 Table 2 (below) is a list of properties within 1 and Yz blocks of the subject property at 301 W. Hyman. Table 2 is ranked according to existing floor azea ratio (see FAR Exist in bold): In other words if you have a 3,000 square foot lot and a 4,500 square foot structure sitting on it, your existing FAR is 1.5:1. The higher the FAR, the more mass, scale and site coverage will be apparent. (Applicant proposal also in bold.) Table 2: Shadow Mountain Neighborhood Ranked By FAR * bt =basement Location/Name Zone Lot Size Sq. Ft. Units FAR Exist Density 130 W. Cooper RMF 18,000 26,860 4-plex 1.5:1 1/6715 Fireside condos a rox. 301 W. Hyman AH- 3,600 4,486 8 units 1.3:1 1/561 PUD 124 W. Hyman RMF 15,000 18,840 18 units 1.26:1 1/1047 Cottonwoods approx. Condos 334 W. Hyman R-6 9,000 9,821 + 36 units 1.1:1 1/342 St. Moritz PUD 2,485 bt 214 W. Cooper R-15 5,580 5,039 1-Fam 1.1:1 1/5039 Ice Garden PUB 27,000 n/a n/a 1:1 n/a 123 W. Hyman RMF 6,000 6,338 duplex 1.06:1 1/3169 Albano condos 300 W. Hopk R-6 6,000 5530 1-fam .92:1 1/5530 237 W. Ho k R-6 9,000 7,855 du lex .87:1 1/3927 311 S. First RMF 6,400 5,531 + duplex .86:1 1/3681 ap rox. 1,831 bt 315 W. Hyman R-6 1,102 921 1-fam .83:1 1/921 322 W. H an R-6 6,000 4,440 4-8 units .74:1 1/555 232 W. Hyman R-6 9,000 6,590 12 units .73:1 1/549 Shadow Mtn LP Approx. Lod e 204 W. Hyman R-6 6,000 4,366 5 units .73:1 1/1200 211 S. First Koch Townhos 104 W. Cooper RMF 9,000 6,318 6 units .7:1 1/1053 condos 300 W. Hyman R-6 6,000 3,718 9+ .62:1 1/413 Former Kitzbuhel Lodge 221 W. Hopk R-6 6,000 3,737 1-fam .62:1 1/3737 314 S. Second R-15 8,175 4,181 + 1-fam .51:1 1 /7527 Built 2008 3,346 bt 315 W. R-6 7,500 3448+ 1-fam .46:1 1/4998 Ho kins 1550 bt 312 W. Hyman R-6 6,000 1,970 1-Fam .33:1 1/1970 City-owned HP Table 3 shows the same properties, ranked by density (in bold). For example, the highest density is at the St. Moritz, where the average room size is 342 square feet. (Applicant proposal also in bold.) Table 3: Shadow Mountain Neighborhood Ranked by Density * bt =basement Location/Name Zone Lot Size Sq. Ft. Units FAR Exist Density 334 W. Hyman R-6 9,000 9,821 + 36 units 1.1:1 1/342 St. Moritz PUD 2,485 bt 300 W. Hyman R-6 6,000 3,718 9+ .62:1 1/413 Kitzbuhel 232 W. Hyman R-6 9,000 6,590 12 units .73:1 1/549 Shad Mtn Ld LP 322 W. Hyman R-6 6,000 4,440 4-8 units .74:1 1/555 301 W. Hyman AH- 3,600 4,024 8 units 1.3:1 1/561 PUD 315 W. H man R-6 1,102 921 1-fam .83:1 1/921 124 W. Hyman RMF 15,000 18,840 18 units 1.26:1 1/1047 Condos a rox. 104 W. Cooper RMF 9,000 6,318 6 units .7:1 1/1053 condos 204 W. Hyman R-6 6,000 4,366 5 units .73:1 1/1200 21 t S. First Koch Townhos 312 W. H man R-6 6,000 1,970 1-Fam .33 1/1970 123 W. Hyman RMF 6,000 6,338 duplex 1.06:1 1/3169 Albano condos 311 S. First HP RMF 6,400 5,531 + duplex .86:1 1/3681 ap rox. 1,831 bt 221 W. Ho k R-6 6,000 3,737 1-fam .62:1 1/3737 237 W. Hopk R-6 9,000 7,855 du lex .87:1 1/3927 315 W. Hopk R-6 7,500 3448 + 1-fam .46:1 1/4998 1550 bt 214 W. Coo er R-15 5,580 5,039 1-Fam 1.1:1 1/5039 300 W. Hopk R-6 6,000 5530 1-fam .92:1 1/5530 130 W. Cooper RMF 18,000 26,860 4-plex 1.5:1 1/6715 Fireside condos a rox. 314 S. Second R-15 8,175 4,181 + 1-fam .51:1 1/7527 3,346 bt Generally speaking, this neighborhood features significantly higher FAR and far higher densities than the more typical residential neighborhoods of the West End (R-6) and Cemetery Lane (R-15). As stated above, many of the R-6 and R-15 properties in Tables 2 + 3 have the FAR and density characteristics of the RMF Zone District. VlIIG MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: Mayor and City Council Don Taylor, Director of Finance John Worcester, City Attorney Steve Barwick, City Manager March 18, 2010 April 12, 2010 RE: Amending Real Estate Transfer Tax Ordinance to Clarify Exemptions REQUEST OF COUNCIL: Staff requests City Council consider amendments to the Real Estate Transfer Tax (RETT) ordinance to clarify applicability of exemptions from the RETT. PREVIOUS COUNCIL ACTION: The RETT ordinance was passed in its present form for the most part in 1971, 1981 and 1994. It includes a series of exemptions from the tax including deeds for transfer of properties in foreclosure. BACKGROUND: The exemption under section 23.48.040 (n) allows a financial institution with a promissory note secured by real estate to liquidate its collateral and receive the proceeds owed to it under the promissory note. Sometimes the owner will deed the property to the financial institution when they are in arrears under a transaction known as "deed in lieu of foreclosure." This is currently not clearly provided for in the code as ari exempt transaction. We have also become aware of artifice or device to attempt to evade the tax using the foreclosure exemption. A buyer of a property in financial distress first purchases the promissory note from a financial institution. They then foreclose on the property to force transfer of title or negotiate a deed in lieu of foreclosure. The intent of the exemption, I believe was to not tax financial institutions who are intermediaries in a transaction where they are seeking to convert their collateral to satisfy their note. It was not intended to exempt a transaction where the obligee was seeking ultimate ownership of the property. DISCUSSION: The proposed ordinance provides clarification on these two matters and also provides general language on the use of an artifice or device to avoid payment of the tax. The proposed Section 23.48.010(e) provides for the definition of "deed in lieu of foreclosure". It is defined as "A conveyance by a property owner to a secured party of property which is the subject of a mortgage, deed of trust, or other security instrument in Page 1 of 3 consideration of the cancellation of all or part of the indebtedness secured by such security instrument." The exemption for deeds in lieu of foreclosure is proposed as Section 23.48.040(0). There are three criteria that must be met in order for the exemption to be valid. They are: 1. Such transfer shall be exempt only if the grantee in such deed is the person holding the obligation or instrument which is being canceled, in whole or in part, in exchange for the transfer; and 2. Such transfer shall be exempt only to the extent of the amount of the obligation which is being canceled, in whole or in part, in exchange for the transfer. 3. Such transfer shall be exempt only if the person holding the obligation or instrument upon which the proceeding is based intends to immediately resell the property in order to satisfy the obligation. If the property is not sold within two years then the transfer shall be considered an "artifice" as provided for in this chapter and taxable as provided for in this chapter. The Finance Director may place a lien on the subject property equal to the amount of tax that maybe levied or other form of security acceptable to the Finance Director. The same exact criteria are also proposed to be appended to the existing exemption found at Section 23.48.040 (n) regarding foreclosure sales. There is also general language proposed as section 23.48.030(d) regarding transaction structured in such a way that the intent is to avoid paying the tax. This provides as follows. (d) Notwithstanding the provisions of Section 2.48.040, if an artifice or device is employed in connection with the transfer of real property, which term "artifice or device" means a transaction or transactions a substantial purpose of which was to evade the provisions of this Chapter and the imposition of the tax hereunder, then such transfer will nevertheless be subject to the real estate transfer tax. "Artifice or device" includes but is not limited to (1) a transfer to a corporation, partnership, limited partnership, joint venture, business trust, or other association or organization followed within three (3) years by an assignment of the controlling interest in such association or organization, or (2) such a transfer plus the intent to ultimately assign the controlling interest in such association or organization. FINANCIAL/BUDGET IMPACTS: There are no budget impacts created by this ordinance except perhaps attorney time spent on unclear aspects of the current code. The proposed changes are clarifications of the existing provisions. RECOMMENDED ACTION: Staff recommends approval of this ordinance. ALTERNATIVES: Council may choose to not approve the amendments to the RETT ordinance or may direct staff to make revisions as they may propose. PROPOSED MOTION: I move to approve Ordinance #8, 2010, at second reading. Page 2 of 3 CITY MANAGER COMMENTS: ATTACHMENTS: Page 3 of 3 ORDINANCE NO. 8 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND CHAPTER 23.48 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TITLED "REAL ESTATE TRANSFER TAX" BY AMENDING SECTION 23.48.010, DEFINITIONS; AMENDING SECTION 23.48.030, FINANCE DIRECTOR TO ENFORCE; AND, AMENDING SECTION 23.48.040, EXEMPTIONS. WHEREAS, Clariftcations are necessary in the Real Estate Transfer Tax Ordinance regarding applicability of the City's Real Estate Transfer Tax to transfers connected to Foreclosure sales and Transfers in lieu of Foreclosure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO, THAT Section 1. Section 23.48.010 of the Municipal Code of the City of Aspen is hereby amended to read as follows: Sec. 23.48.010. Definitions. For the purposes of this Chapter, certain words are defined as follows (a) Document means and includes any deed, instrument or writing by which real property located within the City is transferred. (b) Transfer means and includes any conveyance of the ownership of a title to real property and is evidenced by any deed or instrument or writing wherein or whereby title to real property situated in the City is granted or conveyed, subject to the exclusions provided in this Chapter. Conveyance of ownership, for the purpose of this Chapter, means and includes the transfer of more than fifty percent (50%) of the authorized and issued shares of a corporation which has as its principal asset real property situated in the City. (c) Real property means and includes all lands or interests in lands within the City to which title or the right to title has been acquired from or ratified by the government of the United States or the State, and shall be construed as coextensive in meaning with the terms "land," "tenements" and "hereditaments" and as embracing all mining claims and other claims and chattels real. (d) Consideration means and includes the actual cash paid and/or value of the property delivered, or contracted to be paid or delivered, in return for the transfer of ownership or title to real property and shall include the amount of any lien, mortgage, contract indebtedness, or other encumbrance, either given to secure the purchase price or any part thereof, or remaining unpaid on the property at the time of sale. The term does not include the amount of any outstanding lien or encumbrance in favor of the United States, the State or of a municipal or quasi-municipal governmental corporation or district for taxes, special benefits or improvements. (e) Deed In Lieu of Foreclosure: A conveyance by a property owner to a secured party of property which is the subject of a mortgage, deed of trust, or other security instrument in consideration of the cancellation of all or part of the indebtedness secured by such security instrument. Section 2. Section 23.48.030 of the Municipal Code of the City of Aspen is hereby amended to read as follows. Sec. 23.48.030. Director of Finance to enforce. (a) The Director of Finance of the City is charged with the enforcement of the provisions of this Chapter and is hereby authorized and empowered to prescribe, adopt and promulgate and enforce rules and regulations pertaining thereto. (b) At the time of any transfer upon which a tax is imposed by this Chapter there shall be made a report to the Director of Finance on forms prescribed by him, setting forth the true, complete and actual consideration for the transfer, the names of the parties thereto, the location of the real estate transferred and such other information as he or she may require. (c) For the purpose of collection of the taxes imposed by this Chapter, the office of the County Clerk and Recorder, together with all banks, title companies, escrow companies, building and loan institutions and real estate agencies permitted as such to do business under the laws of the State and maintaining offices within the City are hereby appointed as authorized agents for the City for the collection of said tax. The Director of Finance is authorized to negotiate with such appointed agents to allow them to retain a reasonable amount of the sum collected to cover their expense in the collection and remittance of said tax. (d) Notwithstanding the provisions of Section 2.48.040, if an artifice or device is employed in connection with the transfer of real property, which term "artifice or device" means a transaction or transactions a substantial purpose of which was to evade the provisions of this Chapter and the imposition of the tax hereunder, then such transfer will nevertheless be subject to the real estate transfer tax. "Artifice or device" includes but is not limited to (1) a transfer to a corporation, partnership, limited partnership, joint venture, business trust, or other association or organization followed within three (3) years by an assignment of the controlling interest in such association or organization, or (2) such a transfer plus the intent to ultimately assign the controlling interest in such association or organization. Section 3. Section 23.48.040 of the Municipal Code of the City of Aspen is hereby amended to read as follows: Sec. 23.48.040. Exemptions. The real estate transfer tax imposed by this Chapter shall not apply to: (a) Any document wherein the United States, or any agency or instrumentality thereof, the State, any county, city and county, municipality, district or other political subdivision of this State is either the grantor or grantee; (b) Any document wherein the grantee corporation, association or trust has been organized, operated and maintained solely and exclusively for charitable or religious purposes; (c) Any document granting or conveying title to real property in consequence of a gift of such property, where no consideration other than love and affection, charitable donation or nominal compensation is evidenced by the terms of the instrument of transfer; (d) Any document terminating or evidencing termination of a joint tenancy in real property except where additional consideration of value is paid in connection with such termination, or a decree or agreement partitioning real property held under common ownership unless a consideration of value is paid in connection therewith; (e) The transfer of title or change of interest in real property by reason of death, will or decree of distribution; (f) Transfers made pursuant to mergers or consolidations of corporations, or by a subsidiary to a parent corporation for no consideration other than cancellation or surrender of the subsidiary's stock; (g) Any deed or conveyance made and delivered without consideration for the purpose of confirming, correcting, modifying or supplementing a transfer previously recorded; making minor boundary adjustments, removing clouds on titles or granting easements, rights-of--way or licenses; (h) Any decree or order of a court of record determining or resting title, including a final order awarding title pursuant to a condemnation proceeding; (i) Any deed granting or conveying title to cemetery lots; (j) Any lease of any real property (or assignment or transfer of any interest in any such lease) provided such lease by its terms does not constitute a de facto conveyance of the subject property. In the latter event the real estate transfer tax shall be based upon the capitalization at five percent (5%) of the average annual rental over the entire term of the lease, including any renewal term, plus the actual consideration, other than rent, paid or to be paid. When the average annual rental cannot be determined, or at the election of the Director of Finance, the tax shall be based upon the assessed value of the property covered by the lease; (k) Any mineral deed or royalty deed; (1) Transfers to secure a debt or other obligation, or transfers or release of property which is security for a debt or other obligation; (m) Any executory contract for the sale of real property under which the vendee is entitled to or does take possession thereof without acquiring title thereto, or any assignment or cancellation of any such contract; (n) Any deed or conveyance under execution, sale, or foreclosure sale under a power sale or court decree of lien foreclosure; sheriffs deed; public trustee deed or treasurer's deed. provided, that: 1. Such transfer shall be exempt only if the grantee is the person holding the obligation or instrument upon which the proceeding is based; and 2. Such transfer shall be exempt only to the extent of the obligation to be satisfied at the execution or foreclosure sale and any obligations to prior lienholders paid from the sale; and 3. Such transfer shall be exempt only if the person holding the obligation or instrument upon which the proceeding is based intends to immediately resell the property in order to satisfy the obligation. If the property is not sold within two years then the transfer shall be considered an "artifice" as provided for in this chapter and taxable as provided for in this chapter. The Finance Director may place a lien on the subject property equal to the amount of tax that may be levied or other form of security acceptable to the Finance Director. (o) Any transfer by deed in lieu of foreclosure; provided, that: 1. Such transfer shall be exempt only if the grantee in such deed is the person holding the obligation or instrument which is being canceled, in whole or in part, in exchange for the transfer; and 2. Such transfer shall be exempt only to the extent of the amount of the obligation which is being canceled, in whole or in part, in exchange for the transfer. 3. Such transfer shall be exempt only if the person holding the obligation or instrument upon which the proceeding is based intends to immediately resell the property in order to satisfy the obligation. If the property is not sold within two years then the transfer shall be considered an "artifice" as provided for in this chapter and taxable as provided for in this chapter. The Finance Director may place a lien on the subject property equal to the amount of tax that maybe levied or other form of security acceptable to the Finance Director. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. 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. A public hearing on the ordinance shall be held on the 12th day April, 2010, 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 22nd day March, 2010. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor IX~ MEMORANDUM TO: Mayor and City Council ,, ~ THRU: Chris Bendon, Community Development Directorl ~IIIL. FROM: Amy Guthrie, Historic Preserva ion Officer °~ Sara Adams, Senior Planner RE: Information Item- Mountain Modern Module (MoModMod) DATE: April 12, 2010 H I S T O R I C PRESERVATION What do Los Angeles, Minneapolis, Boston, and Aspen have in common? All have been selected by the National Trust for Historic Preservation as communities to highlight for their efforts to address preservation of Modernism and Recent Past historic resources. In 2008, the National Trust launched a Modernism + Recent Past Pro~ram (M+RP) to galvanize and support efforts across the nation to preserve and rehabilitate 20` century buildings -both significant architecture, as well as more ordinary buildings that hold social, economic, or cultural importance. One of the first strategic priorities of the M+RP program is to build a strong, inclusive partners' network and establish consensus for a national agenda to protect America's twentieth-century century heritage. In order to do this, the National Trust is holding a series of Modern Modules, partially funded by a grant from the National Endowment for the Arts. Key objectives for the Modules include: 1) Convening geographically diverse events intended to inform and support a strong, national programmatic agenda for a growing network of preservation, cultural, and community leaders and citizens working to save twentieth-century design and heritage; 2) Re-framing public perceptions of modern and recent past resources and emphasizing the need for documentation and protection of these structures; 3) Validating America's regional modern and recent past heritage and honoring preservation successes in the community; 4) Defining specific issues in order to develop the practical advocacy and educational tools needed to address the challenges for preserving modern and recent past resources. 1 5) Distilling the critical work of scholars and preservationists on modern and recent past preservation and broadcasting the information into the public sphere using multi-media tools; 6) Monitoring activities on the ground, identifying emerging trends in modern and recent past historic preservation The Community Development Department is proud to have been chosen for a Mountain Modern Module, planned to be held the last week of July or first week of August. The MoModMod will start with an evening event, free to the public, which will include interesting speakers and programming that is hoped to draw more participants and perspectives into the discussion about preserving Aspen's postwar history. 'fhe presentation will also feature "success stories" of specific postwar properties being saved and rehabbed in a way that can be realistically repeated. The following day a roundtable discussion will be held, at which time the National Trust will lead a discussion, asking participants to evaluate and provide specific direction on possible steps the City could take towards along-term resolution of this topic. More information will be provided as the program develops. As discussed at a March workesssion with Council, the City is asked to contribute $3,000 towards the cost of presenting this event. The National Trust will provide the City with valuable leadership, and end products such as a brochure about Aspen's history, videos, and a written report summarizing accomplishments. 2 SPECIAL MEETING CALLED FOR EXECUTIVE SESSION Date April 12, 2010 embers present: Ireland Skadron ne Romero Derek Johnson Call to order at: "T ~Ym. Councilmembers not present: ^ Mick Ireland ^ Steve Skadron ^ Dwayne Romero ^ Torre ^ Derek Johnson II. Motion to go into executive session by _ ~~K~' t~Gx--~ f/l ~ seconded by _~-7~ Otnherp~pers`ons pr sent: ~ pY~ FO t,',~,C,(ll~ ,/ ~ick Ireland ^ Mick Ireland ~ ~t-V 2U j Cl/, ~teve Skadron ^ Steve Skadron "~ ~wayne Romero ^ Dwayne Romero O1Te ^ Torre Derek Johnson ^ Derek Johnson ~/u.?.~ - III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: c.R.s. 24-6-402(4) ~~,.ea Pte) -k~~~. .L~¢.u,?~ (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest _ 7 (b Conferences with an attomey for the local public body for the purposes of receiving legal advice on specific legal questions. (c) Matters required to be kept confdential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attomey-client cor~nunication: .~ ~~~~u The undersigned chair of the executive session attests that the discussions in this executive sessio wer ii to the topic(s) described in Section III, above. Q~lo 8 ~~~ pw` n,t p~- Adjoumed at: (J ~~~ Lf~z /Z~j~~