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HomeMy WebLinkAboutagenda.council.regular.20100426CITY COUNCIL AGENDA April 26, 2010 5:00 P.M. I. Call to Order II. Roll Call Ilt. Scheduled Public Appearances a) Outstanding Planning Initiative Award IV. Citizens Comments 8~ 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 #33, 2010 -Contract Parking Garage Equipment b) Minutes-Apri112,2010 VII. First Reading of Ordinances a) Ordinance #11, 2010 - 726 W. Francis Crossroad Church -Essential Public Facility P.H. 5/10 VIII. Public Hearings a) Ordinance #28, 2009 -Mountain Plaza (Bidwell) Building 434 E Cooper b) Ordinance #10, 2010 Supplemental Appropriation IX. Action Items a) Terms and conditions of employment -City Manager X. Executive Session XI. Adjournment Next Regular Meeting Mav 10, 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 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. Nla. TO: Mayor and City Council FROM: Tim Ware, Director of Parking THRU: Randy Ready, Asst. City Manager DATE: Apri113, 2010 MEETING DATE: Apri126, 2010 RE: Rio Grande Access Revenue Control Equipment Replacement REQUEST OF COUNCIL: The Parking Department is requesting Council approval of the attached contract between the City of Aspen and Precise Pazklink to replace the existing access revenue control equipment for the Rio Grande Parking Plaza. BACKGROUND: The Rio Grande Parking Gazage makes use of what is known as "access revenue control" equipment to provide a variety of services required to operate a public pazking gazage. The equipment includes entry and exit gates, pay-on-foot-machines, cash registers, credit card processing and all the related hazdwaze and softwaze to operate the system. DISCUSSION: The Rio Grande Gazage operates 24 hours per day, 365 days a year. There aze two FTE's assigned to operate and maintain the facility and the normal hours when someone is on duty are Monday through Friday 7:OOam to 6:OOpm. The access revenue control equipment is relied on to be able to perform all parking transactions whether a staff member is on duty or not. In the event that there are minor issues with a customer or a parking transaction, the system must be capable of contacting an on-call employee who may remotely assist the customer at anytime. The cun•ent equipment at the Rio Grande Gazage has reached the end of its useful life after almost ten years and is very much outdated, with availability of parts becoming an issue. The system is having failures in some very critical azeas regazding both the hazdwaze and software, including non-compliance with current credit card processing procedures. The Pakking Department conducted a "Request for Professional Services" procurement process and received seven proposals. The department graded all seven and narrowed the proposals down to three finalists for further evaluation and site visits. The three remaining proposals were ranked and site visits of working operations were conducted. The Precise Parklink bid was selected for the following reasons: • Precise was the only vendor that could sell and renew all passes at the pay-on-foot station. •S Precise was the only vendor that was offering atrade-in value on the old equipment. • The Precise system meets all the requirements set forth in the RFP. Page 1 of 3 SOFTWARE ISSUES: The primary issue with the current system is with the credit cazd processing limitations. The current equipment is not PSI DSS (payment card industry security standazd) compliant and puts the system at risk of credit cazd information security lapses. The credit card transactions aze not live transactions, they aze batched, which means they reside on the server until staff manually processes them individually. This is not only time-consuming but can result in bad or declined credits cards and at times we have seen double chazges that need to be addressed. Once the cards are processed and approved, staff then is required to go back and delete all card numbers. Last year due to budget cuts, the gazage was required to lay off one FTE. That reduction in staffing has increased the number of hours each week that no attendant is on duty, thereby increasing dependency on the automated attendant features. The current equipment will only process hourly tickets, but needs to be able to sell or renew vazious passes even when an attendant is not present. HARDWARE ISSUES: The system components have reached the end of their useful life after nearly ten years of heavy use. Power supplies, ticket readers and ticket dispensers are failing often. Parts and service providers aze becoming more difficult to locate. The on-call intercom component is failing and needs to be replaced. The proposed system does address all of the current issues as well as providing other added benefits to the gazage and its patrons. Staff would no longer be required to batch credit cazd data. All credit cazd transactions would be live in "real time" and therefore the system would provide 100% PCI DSS compliance for security purposes. This would also eliminate all bad debt acquired due to declined credit card transactions. The new automated attendant units are capable of selling and renewing all of the parking passes that the gazage offers to customers. The on-call employee requirement would be eliminated since the proposed vendor offers an azound-the-clock call center that makes use of audio and visual equipment to be able to assist customers during the times and days that the garage is not staffed. This service also monitors all the equipment for errors, malfunctions and damages and can then make the appropriate staff contact when required. The new system is also capable of providing a remote parking validation program. Any business in the downtown area that would like to validate pazking for their customers would be able to so. FINANCIALBUDGET IMPACTS: The 2010 parking garage Asset Management Plan includes $300,000 for replacement of the access revenue control equipment. However, all proposals came in over that amount. The attached contract is for $357,670 minus the $10,000 trade-in for the old equipment, resulting in a net cost of $347,670 for the entire project. The garage fund has the ability to make up the difference in the price within its current operating budget by using funds designated for equipment maintenance and repair that will not be needed during the next few yeazs because of the procurement of this new equipment and its anticipated reliability. Due to the improvements with the live credit card processing, the garage can expect to save $9,900 per year in bad debt expenses. Page 2 of 3 By making use of the proposed monitoring systems provided by the vendor's call center, the gazage staff would no longer be required to have a designated on-call employee assigned during non-staffed hours, resulting in savings of $4,800 annually. This results in annual operating savings of $14,700. Plus, the customer convenience and ease of use of the new system will enable the gazage to continue to operate without replacing the staff position that was cut this past year, allowing ongoing savings of about $60,000 per year. ENVIRONMENTAL IMPACTS: Precise Pazklink's proposal includes the buy-back of the old equipment, keeping it out of a landfill. Some of the old parts still have value and will be reconditioned and used to help keep other older systems running. With this proposal, the gazage will have the ability to convert commuter passes that aze currently disposable magnetic-stripe paper cazds to reusable and rechargeable cazds. RECOMMENDED ACTION: The Pazking Department respectfully requests City Council approval of the contract between the City of Aspen and Precise Parklink for the proposed access revenue control equipment. ALTERNATIVES: Council could decline the proposal and instruct staff to use the current equipment until a later time. PROPOSED MOTION: I move to approve Resolution #~ a contract between the City of Aspen and Precise Pazklink for the purchase of "Access Revenue Control Equipment" CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A: Procurement Supply and Professional Services Contract Page 3 of 3 RESOLUTION # ~~ (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND SETTING FORTH THE TERMS AND PRECISE PARKLINK CONDITIONS REGARDING PARKING GARAGE ACCESS AND REVENUE CONTROL EQUIPMENT AND INSTALLATION 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 Precise Parklink, 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 Precise Parklink regarding Parking Garage Access and Revenue Control Equipment and Installation 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, Apri126, 2010 Kathryn S. Koch, City Clerk the CiIY pf Cspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 CitvCmorneYtClfise PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2010-002. AGREEMENT made as of 26`h day of April, in the year 2010. BETWEEN the City: The Ciry of Aspen c/o Parking Department 130 South Galena Street Aspen, Colorado 8161 I Phone: (970) 920-5000 And the Professional: Carlo Camuti c/o Precise Parklink 100 Floral Parkway Toronto, Ontario M66 2C5 Phone: 888-783-7275 Contract Amount: Procurement: $284,670.00 Professional Services: $ 63,000.00 Total: $347,670.00 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.: For the Following Project: Parking Garage Access and Revenue Control Equipment Replacement Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Fee Schedule. Exhibit D: Precise Parklink Proposal The City and Professional agree asset forth below. A~eement for Procurement and Professional Services Page 0 SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. DellVerv. (FOB Citv of Aspen Municipal Parkine Garaee Aspen Colorado 81611). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. (One year including parts, shipping and full technical support). Successors and Assietis. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Scone of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. Comnlefion. 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 September 30, 2010, with the installation and operation of all the equipment no later than September 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. 8. 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 C 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. 9. Non-Assi agn 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 Agreement for Procurement and Professional Services Page 1 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 subcontractor. 10. 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. 11. Temtination 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 parry, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the patties 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 instrance, 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. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensafion 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 Agreement for Procurement and Professional Services Page 2 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 wmpetent 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. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits 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 Ageement for Procurement and Professional Services Page 3 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 provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this wntract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other fights, 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 employces. 15. 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 nom~al business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City Agreement for Procurement and Professional Services Page 4 shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Comuleteness 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. 17. 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. 18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, nafional 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. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or amdition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. 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 conhary 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. Agreement for Procurement and Professional Services Page 5 "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who aze newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to 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 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. Agreement for Procurement and Professional Services Page 6 (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen azising 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. 21. 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 fce, 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 for Procurement and 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) yeaz 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. 22. Fund Availabiliri. Financial obligations of the City payable after the current fiscal yeaz 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. 23. 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 instnunent fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. Agreement for Procurement and Professional Services Page 8 CITY OF ASPEN, COLORADO: PROFESSIQNAL: [Si~aMe] / [SiB~ame] By: By: CA~~ Cfl~rt v? ~ [Name] [Name] pp ~~ Title: Title: .i~fA~C- ~ ;-U R . L7 • J Date: Date: ,~I/~!1/ ~ % S~ .;7o/D Approved as to form: City Attorney's Office E70-IIBIT A 1 Varioflex Server 1 Varioflex Server Printer 1 Space Counting system 2 Lots Full signs 2 MPS Agreement for Procurement and Professional Services Page 9 2 Entry gates 2 Intercom 2 Barrier (Articulating arm) 2 Exit Gate 2 Barrier (Straight arm) 2 Intercom 2 Paystation 2 Intercom 1 Master Intercom (voice dialer) Access Card System Proximity Readers HiCo Readers Agreement for Procurement and Professional Services Page 10 EXI IIBIT B Scope of Work Precise ParkLink is providing a turnkey equipment package that includes all materials, supplies, labor, configuration/commissioning, and training needed for the installation of the revenue control equipment and its associated components. A copy of Precise Pazklink's detailed proposal is attached. Ageement for Procurement and Professional Services Page 11 n PREC~E PARKLINK" ~~ Section 12 -Costs Varioflex Server $ 24,220 1 $24,220 Variorflex server printer $ 950 1 $950 Space counting system $ 2,449 1 $2,449 Lot Full Signs $ 1,500 2 $3,000 MPS $ 14,495 2 $28,990 Entry Gate $ 16,064 2 $32,128 Intercom $ 950 2 $1,900 Barrier (Articulating arm) $ 5,750 2 $11,500 Exit Gate $ 16,671 2 $33,342 Barrier (straight Arm) $ 5,005 2 $10,010 Intercom $ 950 2 $1,900 PayStation $ 52,500 2 $105,000 Intercom $ 950 2 $1,900 Master Intercom (voice dialer) $ 1,950 1 $1,950 Shipping: $9,000.00 Configuration/commissioning $28,500.00 Installation: $ 4,250 6 $25,500.00 Training at Precise Head Office Inc. Grand Total °. $322,239.00 Assumptions: Travel/ accommodations; two Techs, 10 days Installation; existing conduit will be re-used Optional Components HiCo Ticket reader upgrade Access Card System ACS Readers Varioflex Validator Remote Voice & Video (Approx) $2,042/device $14,495 $1,150 each $4,250 each $30,567 Extended Service Agreement (After first year warranty) - $20, 740/annually Precise ParkLink would be pleased to offer The City of Aspen a very competitive trade-in value for its existing Pay on Foot equipment. If the City would like to pursue this option; a comprehensive inspection will be performed and a mutually satisfying amount will be assigned. 30 MEMORANDUM TO: Mayor Ireland and Aspen City Council ,, THRU: Chris Bendon, Community Development Director ~,~ ~ ~ vna. FROM: Drew Alexander, Interim Zoning Officer >~ RE: Crossroads Church (726 W. Francis) -Growth Management Review for an Essential Public Facility -Ordinance No. ~, Series 2010 -First Reading MEETING DATE: Apri126th, 2010 APPLICANT/OWNER: Crossroads Church of Aspen, 726 W Francis, Aspen, CO A161 l REPRESENTATIVE: John Galambos, John Galambos Architects, 314 Suite D Aspen Business Center, Aspen, CO 81611 LOCATION: Block 15, Lots K - M, First Baptist Church, City and Townsite of Aspen, CO, commonly known as 726 W. Francis Street. CURRENT ZONING R[ USE Located in R-6 (Medium-Density Residential) Zone District. PROPOSED LAND USE: The existing land use will remain. The proposal is for an expansion to the Church facility to provide better programming and operation. STAFF RECOMMENDATION: Staff recommends approval with conditions. SUMMARY: The Applicant requests of the City Council approval for a Growth Management Review request: Essential Public Facilities. Photo of Crossroads Church .... _Ari LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting one (1) land use approval from the City Council. Planning and Zoning provided approval for the reviews listed below and a recommendation for the GMQS review for an Essential Public Facility: Planning and Zoning • Conditional Use Review -Church Approved by P&Z Resolution No. 6, Series of 2010. • Special Review -Parking -Approved by P&Z Resolution No. 6, Series of 2010 • Dimensional Variances (setbacks) -Approved by P&Z Resolution No. 6, Series of 2010 City Council • Growth Management Review for Essential Public Facilities pursuant to Land Use Code Section 26.470.090.4 (The City Council is the final review authority, who may approve, approve with conditions, or deny the proposal after receiving a recommendation from the P&Z). BACKGROUND: The Crossroads Church was originally built in 1964 and was at the time called First Baptist Church. Throughout its history, the church has undergone several renovations, but nothing as substantive as the current proposal. In 1977, a similar proposal for a church expansion was approved, but the work was never completed. The most recent renovation occurred in 2003 and 2004. PROJECT SUMMARY: The Applicant, Crossroads Church of Aspen, has requested approval to construct an expansion to the existing church facility. "the expansion on the upper level (approximately 3,145 gross square feet) would make the total gross square footage of the church approximately 11,568 sq. ft. This expansion is intended to improve the internal programming of the church. Currently, there are seven full and part-time employees that share four offices. The addition will create seven new offices with one being used for both office and classroom purposes. The additional space also allows for reconfiguration of the lower lever, including a realigned and larger sanctuary with 80 additional seats. The reconfiguration of the entry level would allow for functionality enhancements of the entrances and provide for proper lobby/reception spaces. The proposal includes altering the 7th Street (west) entrance and enlarging its reception lobby area. This entry level renovation also includes improvements to bathrooms. ADA compliant bathrooms will be added to this level of the church (none exist currently). 'The existing church is nonconforming to the R-6 dimensional requirements for setbacks on the side yards and rear yard. The combined side yard setback total should be 30 ft. based upon lot sizez. however the church has a 5.5 ft. setback on the west side yard and a 10.7 ft. east side yard No Ordinance/Resolution number on record for [his approval Z Crossroads Church of Aspen is located on the corner of Francis Street and Seven[h Street. Pursuant to R-6 zone district standards fora 9,000 sq. ft. lot, the combined side yard setback should be 30'. 2 giving a total of 16.2 fr. The reaz yard setback requirement is 10 ft., but the church currently has a 5 ft. rear yard. The church conforms to front yazd requirements. The proposal obtained approval from the Planning and Zoning Commission for a vaziance on the west portion of the building where the upper-level expansion approaches 7`h Street. This area is related to a gable above the west stairwell which would maintain the current nonconforming side yard of 5.5 fr. All other portions of the expansion have been pulled back to meet all dimensional requirements other than Combined Yard Setback. Although there is additional square footage and an increased sanctuary size, the applicant has stated that no additional parking is necessary. The church currently has four off-street parking spaces along the alleyway. The remainder of pazking is located along the right-of--way around the Church perimeter and in the six spaces available on Sundays at the Forest Service lot. The applicant has completed a traffic analysis for this proposal, as noted in Exhibit F. Planning and Zoning approved the projects Special Review for Parking based on the minimal impacts to the surrounding neighborhoods during peak church hours. STAFF COMMENTS: GROWTH MANAGEMENT REVIEW, ESSENTIAL PUBLIC FACILITIES: The Crossroads Church of Aspen is an Essential Public Facility, which requires a recommendation from the Planning and Zoning Commission to City Council. The proposal to increase floor area of the Church triggers this review; however the Church does not intend to increase employees, community programs, or congregation membership. The sanctuary is larger per this proposal, but there is no increase in number of services. No new affordable housing is proposed with this application. The design proposal is consistent with the Aspen Area Commtmity Plan and the impact on public infrastructure will be minimal due to upgrades where applicable or required. The Planning and Zoning Commission recommended through Resolution No. 6, Series of 2010 that the City Council establish criteria for an employee audit to take place no later than one (1) year after issuance of a Certificate of Occupancy to determine if new employees are a result of this project. Church membership numbers increase or decrease frequently over time. The applicant has stated that normal church growth has required the addition of new staff in recent years. Staff recommends that the City Council structure such audit so that it realistically reflects employee growth directly related to this site specific development plan, not typical church growth. Staff supports an employee audit, finds that the Growth Management criteria are met for an Essential Public Facility, and recommends approval. REFERRAL AGENCY COMMENTS: • Parking Department - No need for additional parking as long as the use of the Forest Service lot was preserved and all on-street and alley parking remained. 3 Engineering Department -Curb, gutter, and sidewalk are required along 7`h Street and Francis. Prior to Building permit submittal, the applicant shall submit plans showing curb, gutter, and sidewalk locations and also a plan for drainage conveyance. Where improvements are planned in the right-of--way (ADA access ramp, pavement improvements), the applicant shall meet with the City Engineer and other applicable departments to receive the necessary approvals and/or right-of--way agreements. Parks Denartment -Plans must meet the requirements of the City Parks Department and the City Forester. Where right-of--way improvements are required (curb, gutter, sidewalk) the applicant shall provide plans that meet the regulations and requirements provisioned in the Tree Protection Code. Water/Fire Marshall -During the permitting process, the water utilities servicing the Church shall be assessed to see if it capacity is adequate for water services and fire suppression. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTI NS ARE WORDED IN THE AFFIRMATIVE: "I move to approve Ordinance No.~, Series of 2010, granting Growth Management for an Essential Public Facility for Crossroads Church of Aspen." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -Site Plan Exhibit B - GMQS Criteria Exhibit C - Traffic Analysis Exhibit D - Application ORDINANCE NO. ~, SERIES OF 2010 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY LOCATED AT 726 WEST FRANCIS, LOTS K, L, AND M, BLOCK 15, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO.2735-12-408-801. WHEREAS, the Community Development Department received an application from Crossroads Church of Aspen, requesting approval of an increase in allowed floor area from 4,774 square feet to 7,299 square feet through the Conditional Use process, to establish new off street parking requirements through Special Review, Dimensional Variances, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Crossroads Church of Aspen, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the proposed land use requests do not intend to increase Church programs, employment, or membership; and, WHEREAS, a publicly noticed site visit with the Planning and Zoning Commission was held on February 4, 2010, and; WHEREAS, during a duly noticed public heazing on February 16, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 6, Series of 2010, by a (5 - 0) vote, an increase in floor area from 4,774 square feet to 7,299 square feet through the Conditional Use process, established off=street parking requirements through Special Review, approved certain Dimensional Variances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Growth Management for an Essential Public Facility approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standazds, the Community Development Department recommended approval, with conditions, of the proposed requests; and, WHEREAS, during a duly noticed public hearing on May 10`h, 2010 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, Ordinance _, Series of 2010 Page 1 of 6 WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standazds 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 welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Growth Management Review for an Essential Public Facility by the Aspen City Council, based on the following conditions. a) Employee Generation: The Crossroads Church facility expansion is not expected to generate additional employees and no employee mitigation is currently required. However, an employee audit shall be required to demonstrate actual employee needs and mitigation shall be provided for additional employees directly attributable to the facility expansion. The applicant shall conduct and submit to the Community Development Department an employee audit one (1) year after issuance of C.O. for the expansion. Prior to conducting the audit, the applicant and the Community Development Department shall agree on the form and methodology of the audit, who shall perform the audit, and the manner in which additional employees related to or unrelated to the expansion will be determined. The applicant shall provide employee mitigation for 60% of additional employees found to be directly associated with the facility expansion at the Category 4 rate of $134,079 per employee. The additional mitigation shall be payable in full within one (1) year of the audit, unless otherwise agreed to by the applicant and the City Council. Section 2: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 3: EngineerinQ/DrainaEe a. Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standazds published by the engineering department. b. The applicant shall submit plans showing drainage conveyance, sidewalk, curb, and gutter which meet the City Engineer's standards and ADA requirements prior to issuance of a Building Permit. Such improvements shall also be made prior to a Certificate of Occupancy. The applicant must receive approval from the City Engineer (and any other applicable departments) for structural improvements in [he Ordinance _, Series of 2010 Page 2 of 6 public right-of--way, including the ADA access ramp along 7`h Street and the pavement work being completed along the Francis Street entrance. Section 4: Water Deaartment Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 5: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. o. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. f. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 6: Exterior Lighting 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 7: Parks Deaartment/Landscaping a. Excavations adjacent to the drip zones will be required to vertical excavation only. Over digging is prohibited. Excavations will be soil stabilized in a manner that prevents over excavation of the site. All foundation walls located in protection zones shall have a one (1) sided pour. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, a tree removal permit is required for drip line excavation and will need to be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. Ordinance _, Series of 2010 Page 3 of 6 d. Six (6") inches of mulch shall be placed and maintained within the zone of vegetation protection. e. Irrigation shall be provided to trees during the length of the project which is appropriate for proper tree health. The edge of root cuttings shall receive additional water and burlap coverings that should remain moist. £ Access across or through the azea of protection is prohibited at all times. Access along designated walkways is allowed. g. Roots two (2') inches or greater shall be professionally pruned with on-call tree service. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. h. Where right-of--way improvements are required adjacent to protection zones, plans shall be submitted prior to building permit submittal. These plans shall indicate the structural program and materials of the improvements. Sidewalk, curb, and gutter shall be implemented in a manner that does not threaten the health of the trees. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. Section 9: Vested Ri¢hts The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three Ordinance _, Series of 2010 Page 4 of 6 (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 726 West Francis, Lots K, L, AND M, Block 15, City and Townsite of Aspen, CO, Pitkin County, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 10: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public heazing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 11: 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 12• 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 sepazate, 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. Kach, City Clerk Michael C. Ireland, Mayor Ordinance _, Series of 2010 Page 5 of 6 FINALLY, adopted, passed and approved this day of , 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance ,Series of 2010 Page 6 of 6 L1 D s 3 m 0 N D A n x nH y N 2 n a c 0 a z A O H m C N 2 m ~ ~ C n V m y N'1 Q A $~Q ~mC ~~V -Q$( ..2C mn- Ntimf °m om zoo pC n ^~ O ~] O ~ s S o C o x 0 z A N D 5 a n x y m 2 y m X w N i N Z M H m 9 5 Z :, i~ 9 v O N m O C 9 9 m F r m m r 9 5 Z ~, i~ z n A `j i 1 EXHIBIT B REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.470.090, Growth Management Review for Essential Public Facilities a) The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Response: The proposed project involves an addition to the existing Church structure. Currently, the employees of the Church shaze offices and the limited classroom space. The addition will do multiple things to improve the internal operations of the Church; entrances will include ADA compliant access ramps, ADA compliant restrooms will be added to the entry level, sanctuary space will be improved with additional seating and a general reconfiguration, and a larger reception azea will be created of the 7`~ Street entrance. All of these improvements improve the Church's ability to operate as a facility which serves an essential public purpose that is available for use or benefit of the general public and serves the needs of the community. The Community Development Director has determined that the primary use is an essential public facility based on the definition found in Land Use Code Section 26.104.100, Definitions; Essential Public Facility: a facility which serves an essential public purpose is available for use by or benefit of, the general public and serves the needs of the community. Staff finds this criterion met. 6) Upon a recommendation from the Community Development Director, the Ciry Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted.for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Response: The proposed project does not create any additional employees; therefore it is appropriate that no affordable housing mitigation be required. Staff finds this criterion met. ~X 1-41 ~3 l '~ C- FELSBURG ~i H O LT & ULLEVIG engineering paths to transportation solutions February 8, 2010 Mr. John Galambos Galambos Architects, Inc. 314 AABC, Suite D Aspen CO 81611 RE: Crossroads Church of Aspen Traffic Assessment FHU Reference # 10-012 Dear Mr. Galambos: Felsburg Holt & Ullevig (FHU) has prepared this letter to summarize the traffic impacts associated with the proposed remodel and expansion of the Crossroads Church of Aspen on the northeast corner of the North 7'" StreeUFrancis Street intersection in the West End neighborhood. This letter focuses on trip generation, traffic, parking and multimodal impacts associated with the additional attendees that would result from the expansion. Project Description The Crossroads Church is located on the northeast corner of the North 7"' Street/Francis Street intersection in Aspen's West End neighborhood (Figure 1). The Church is planning to remodel the building and expand it by 3,145 SF to provide approximately 80 additional seats in the sanctuary. As it does today, the church would continue to host small day and evening classes during the week and hold three services on Sunday morning and one on Sunday evening. Because of space constraints, a very limited number of parking spaces are provided on the site- roughly 4-5 spaces are available off the alley on the north side of the building-a condition that would not change with the expansion. Approximately 10 angled parking spaces are located along the Church frontage on 7'" Street and an additional 6 angled spaces are located along the church frontage on Francis, the latter of which are reserved for handicapped use during services. Additional on-street parking spaces are provided in the form of parallel parking on both sides of the street on all streets surrounding the site, all of which are subject to Zone D parking restrictions (i.e., 2 hour parking only for non-permit holders, 8 am - 6 pm, Monday through Friday) of which there are none on Sundays during services. The Church has an agreement with the Forest Service to use their 10 space lot on the west side of Francis, where all of the spaces are generally available for Sunday morning services. After the angled parking and Forest Service lot spaces fill up, church attendees currently park along the streets in the neighborhood, where spaces are also generally unused and available during Sunday morning services. No changes to these current parking practices are proposed or anticipated with the church expansion. 6300 South S~~raaise Way, Suite 600 Centennial, CO 80111 tcl 303.721.1440 fas 303.7?1.0832 uutic.thueng.ann infi,«~thueng.cam February 8, 2010 Mr. Jahn Galambos Page 2 Existing Conditions Traffic and parking observations were conducted at the site on Sunday morning, January 31, 2010, which coincided with the last day of the X Games at Buttermilk Mountain, so traffic flow beiween downtown and Buttermilk on SH 82 was higher than what would be typically expected on a Sunday morning. Additional parking observations were conducted on Sunday morning, January 17`", 2010 and mirrored what was observed on the 31~` On both observation days, parking demand peaked for the second Sunday morning service (which starts at 9:30 am). During that peak, both sides of 7°i Street between Hallam and Smuggler were generally fully occupied with church patrons, as were both sides of Francis between 6"' and 7°i Street. 6`" Street between Hallam and Smuggler was around half occupied, with about half of those vehicles church patrons, but church patron parking did not extend beyond those blocks. A total of 69 vehicles were parked on the streets for the 9:30 service, with an additional 10 in the Forest Service lot (79 total vehicles). The number of church attendees in each parked vehicle was also collected during the January 31°` observations, and indicated an average vehicle occupancy of approximately 1.87 people per vehicle. Church staff estimated an attendance of 160 people for the 9:30 service. Based on the parked vehicle and average vehicle occupancy observations, it would appear that around 148 of those arrived via vehicle, with the rest arriving via foot or transit. Only one group of four people was observed walking to the bus stop at 8`" and Hallam during the observation period, so it is assumed that the remaining patrons walked to church. It should be noted that it was sunny and around 20 degrees during the observation period, with packed snow covering the roads and sidewalks in the West End neighborhood. Such conditions can be a detriment to walking and more or less preclude bicycling, so it might be expected that the number of people electing to walk or bicycle to church would be somewhat higher outside of the winter season, when the roads and sidewalks are snow-free. Considering this, Table 1 shows the current winter mode splits (observed) and the estimated summer mode splits (with better walking conditions) for the church. Table 1. Crossroads Church Mode Splits Mode Winter Summer Vehicle 1.87 eo le er vehicle 92.5% 87.5% Walk 5% 10% Transit 2.5% 2.5% Projected Vehicle Trips Generated by the Crossroads Church Expansion The number of weekday vehicle-trips generated by the church expansion was forecast based on equations and procedures documented in Trip Generation, Institute of Transportation Engineers, Eighth Edition, 2008. Table 1 shows the weekday and Sunday trip generation forecasts for the complex. Based on the trip generation estimates, the church expansion is anticipated to generate approximately 30 additional vehicle-trips per day during the week and 115 additional trips per day on Sundays. It would add virtually no new traffic to the road during the morning and evening peak hours during the week, and add 37 new trips to the road system during the church's peak hour on Sunday morning. February 8, 2010 Mr. John Galambos Page 3 Table 2. Crossroads Church Trip Generation Deity AM Peak of Generator PM Pe ak Land Use Size Trips In Out Total In Out Total Church - Weekda 3,145 Sf 30 2 1 3 1 1 2 Church -Sunda 3,145 SF 115 19 18 37 0 0 0 Figure 2 shows the additional Sunday traffic generated by the church expansion distributed to the surrounding road system. Level of Service Analysis Level of Service (LOS) is a qualitative measure of traffic operational conditions, based on roadway capacity and vehicle delay. LOS is described by a letter designation ranging from A to F, with LOS A representing almost free-flow travel, while LOS F represents congested conditions. For unsignalized intersections, LOS is calculated for movements which must yield right-of-way to other traffic movements. Traffic operations are typically evaluated according to techniques documented in the Highway Capacity Manual (Transportation Research Board, 2000), but such techniques are not capable of analyzing the unique traffic control at the 7'" StreeUHallam Street intersection (stop signs on the west and north approaches). Therefore, the intersection was evaluated using the SimTraffic traffic simulation software, which uses vehicle and driver operating parameters to project operations over a specified period of time. For this analysis, the one hour peak time period on Sunday morning was simulated, and both vehicle delay and queuing results have been presented. Existing Conditions Sunday morning traffic counts collected on January 31, 2010 were used as the basis for the traffic analysis. Figure 3 shows the existing Sunday morning peak hour traffic volumes and levels of service at the 7'" StreeUHallam intersection near the site. As the figure indicates, while traffic flow into and out of town on SH 82 was high due to the X Games at Buttermilk that morning, traffic volumes are generally low on 7~' Street near the church. The eastbound left turn movement from SH 82 onto 7 Street toward the church operates at LOS E during that period, but it is not uncommon, for movements from driveways and side streets along higher volume roadways to experience poor levels of service. As noted in Chapter 17 (Unsignalized Intersections) of the Hichwav Caoacitv Manual (20001: In evaluating the overall pen`ormance of two-way stop control intersections, it is important to consider measures of effectiveness in addition to delay, such as average queue lengths and 95`" percentile queue lengths. By focusing on a single measure of effectiveness for the worst movement only, such as delay for the minor street left tum, users may make less effective traffic control decisions. The average queue length for the eastbound left turn movement was 50 feet (two vehicles) and the 95`" percentile queue length was 110 feet (five vehicles), which appear reasonable given the higher-than-typical volume conditions created by the X Games. Given this, and since all other movements at the intersection operate at LOS C or better, no improvements would appear to be necessary at that intersection. February 8, 2010 Mr. John Galambos Page 4 Conditions with Project Figure 4 shows the projected traffic volumes and level of service at 7~' and Hallam with the additional traffic from the church expansion. As the figures indicates, all levels of service are the same with the project as without. Furthermore, the projected average queue and 95"' percentile queue are generally the same with the project as without, so the expansion has very little to no impact on the capacity of the road system. Arrival Mode Analysis The vehicle occupancy and mode split information documented previously was used in conjunction with the 80 additional seats included in the proposed expansion to forecast the increase in the number of pedestrians, transit riders and vehicles that would park in the neighborhood during the busiest Sunday morning service. Table 3 shows the projected additional vehicles, pedestrians and transit riders for winter and summer conditions. As indicated, the expansion would generate 37 to 40 additional parked vehicles, four to eight additional pedestrian arrivals, and two additional transit riders for the peak service. Table 1. Projected Additional Attendees Due to Church Expansion, by Mode Mode Winter Summer Parked Vehicles 40 37 PedestriansBic clists 4 8 Transit Riders 2 2 Figure 5 shows how the additional parked vehicles would impact on-street parking in the neighborhood. As indicated, with the expansion, it is anticipated that, in addition to the blocks that are currently fully occupied by church attendees, parking spaces would be fully occupied on 6`" Street between Hallam and Smuggler, as well as on Francis Street between 6`" and 5`". Some additional church patrons may also park along Smuggler between 6`" and 7`", but it is anticipated that church traffic would only occupy around half the spaces on those blocks. It should also be noted that most West End residents have off-street parking in garages, so very few residential vehicles park on the street on those blocks, especially on Sunday mornings when the Church generates it's peak parking demand. Quality of Service Discussion Based on conversations with staff, in addition to the traffic and parking assessment above, the City would like an assessment of the quality of service for pedestrians, bicyclists and transit service. Pedestrians As with most of the streets in the West End neighborhood, both 7~' Street and Francis Street have sidewalks on both sides of the street, including along both of the Church's property frontages. The sidewalks appear to be 5-6 feet wide and are separated from the street by a 5-6 foot tree lawn (snow made it difficult to determine the precise width). All West End streets exhibit very low traffic volumes that are typical of a grid system of local roads in a residential neighborhood, and on-street parallel parking further separates pedestrians from traffic. In general, this creates a safe and comfortable environment for pedestrians, although it should be noted that some sections of unshoveled sidewalks and snow mounds created by street plowing force pedestrians into the street February 8, 2010 Mr. John Galambos Page 5 during the winter months. In light of this, the church should maintain a clear sidewalk along both street frontages to facilitate pedestrian movement on the property. Striped pedestrian crosswalks are located on the north and east sides of the 7'" StreeUHallam Street intersection. Since those are the two low-volume approach legs of that intersection, pedestrians have adequate gaps to cross and experience minimal delay. The north leg crossing provides a connection between the Church and the RFTA transit stop at 8`" and Hallam. Bicyclists No dedicated bike lanes or paths are provided within the West End neighborhood, including along 7`" Street and Francis Street in front of the property. Bicyclists are anticipated to share the road with vehicle traffic, which would appear to be a safe option given the low speeds and low traffic volumes on the grid system of local roads in the neighborhood. Said grid system provides adequate connections to all downtown locations, and roads are generally 36 feet wide to provide ample room for parking, bicycles and traffic. Zero trucks or busses were observed on any of the local roads in the vicinity of the site during the Sunday morning observations, so conflicts with larger vehicles are expected to be minimal. All roads in the neighborhood are paved, but the winter conditions made it difficult to determine the condition of the pavement. Based on the above, in general, the area around the Church creates a good environment for bicyclists. To encourage bicycling to church services during the non-winter months, the Church should consider installing bike racks near the entrance to the building on Francis. Transit Services The nearest transit stop is located at 8'" and Hallam, two blocks from the Church. Six RFTA routes travel use that stop, providing service connections throughout town and down valley toward Snowmass, etc. at headways that range from 7 to 30 minutes. Most routes begin operations on Sunday morning between 6 and 7 AM and operate late into the evening, and therefore would be available for church attendees at all four services. During the Sunday morning observations the outbound busses toward Buttermilk were generally more than half full, likely with X Games attendees, while inbound busses were around a quarter full, so adequate capacity was available in both directions. The crosswalk along the north side of the 7'" StreeUHallam Street intersection provides a safe pedestrian crossing between the church and the bus stop. The Cross Town Shuttle also passes by Francis on 5'" Street, two blocks east of the site, and therefore would also present a transit option for church attendees. While the hours of operation for that route have been reduced due to budget cuts, it still operates daily from 8 AM to 9 PM and therefore would be in operation for all four Sunday services. As noted previously, observations indicated that very few church attendees arrived and departed via the transit system, and it seems unlikely that that mode share would increase during non-winter months, but based on the above, it appears that RFTA provides very good transit service levels during the four Sunday services should church attendees elect to use it. Conclusions and Recommendations Based upon the above analysis, the Aspen Community Church expansion would generate approximately 115 more trips each Sunday than what the current church generates; that traffic volumes on the surrounding road system are low; and that the increase in traffic that results from the Center would have little to no impact on traffic operations at the 7~' and Hallam intersection. February 8, 2010 Mr. John Galambos Page 6 Both the pedestrian facilities and the bicycling environment in the West End neighborhood around the site are good and would not discourage church attendees from walking or bicycling to church if they so choose. Providing bike racks near the church entrance on Francis and keeping the sidewalks free of snow in front of the building along both the 7~' Street and Francis Street may help further encourage attendees to walk or ride to services. The bus stop on SH 82 at 8~' Street is only two blocks west of the church and services six RFTA routes, and the Cross Town Shuttle passes by Francis Street at 5'" Avenue two blocks east of the church, so transit access and availability is also very good for those who elect to use that mode to access church services. Nevertheless, the vast majority of church attendees currently elect to drive to church because an abundance of free on-street parking is available on the blocks around the church, and it is anticipated that around 90 percent of the additional church attendees due to the expansion would also drive to the site. These additional attendees would represent around 40 additional parked vehicles during the busiest Sunday morning service, but enough on-street parking is available within two blocks of the church to accommodate the additional parking demand. Since free and available parking is perhaps the greatest obstacle to overcome when encouraging people to shift modes, and removing parking opportunities from the neighborhood streets around the church is more likely to discourage people from attending rather than shift modes (unlike work trips, church attendance is an elective trip), it is unlikely that any TDM program implemented by the church would create any dramatic shift to alternate modes, so none is recommended. In summation, it would appear the existing pedestrian, bicycle and transit facilities are adequate and convenient for those who elect to use them, but that most of the additional church attendees would elect to drive because of the availability of nearby free parking. However, the additional 40 vehicles created by the expansion would have minimal the traffic and parking impacts on the surrounding area, so no further actions beyond those already identified above are recommended for the site. I trust this information will be of assistance to you as you continue the approval process for the Church expansion. If you have any questions regarding the above information, or need any additional information, please give me a call at (303) 721-1440. Sincerely, FELSBURG HOLT & ULLEVIG ~~M, Jeffrey M. Ream Senior Transportation Engineer MEMORANDUM ~~ TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director ~~ FROM: Sara Adams, Senior Planner RE: Mountain Plaza Building (AKA Bidwell Building - 434 E. Cooper Ave.) - Subdivision Review, Second Readine, Ordinance No. 28, Series of 2009. (continued public hearing from January 11, 2010 and January 25, 2010.) MEETING DATE: Apri126, 2010 DISCUSSION: City Council and the public provided the Applicant with comments about the proposal during the January 11`h and 25`s heazings. The Subdivision Review was continued to April 26`h for further discussion. During the last few months, the Applicant considered Council and the public's comments and is looking for Council direction regarding 6 points before embarking on a third redesign of the project. The topic, staffs response, and the question for Council are listed below. 1. Remove second level basement space. The Applicant heard concern from the public and Council regarding the construction impacts of digging two stories below grade and the potential alley traffic generated by a parking garage. The applicant proposes to remove the second level basement to lessen the construction impacts associated with excavation. The onsite parking will be removed with the exception of either two or three off street pazking spaces accessed off the alley. Staff Comment: The Land Use Code requires three off-street parking spaces for the proposed redevelopment. Staff finds that it is appropriate to remove the second level basement and to accommodate the three required off-street parking spaces at grade in an effort to minimize the construction impacts downtown. As mentioned in Nos. 2 and 3 below, the applicant proposes to convert a proposed residential unit and proposed office space into affordable housing units for a total of four affordable housing units and two free market residential units. With only three proposed parking spaces, there will be a lack of parking spaces for the residences; however the Code does not require pazking for residentia] units in this zone district. Staff Findin¢: Staff supports the removal of the second level basement and finds that it will decrease construction impacts, duration of construction and reduce alley traffic congestion. Furthermore, the pazking requirements for the development are met with three off-street spaces. Staff recommends that Council support proposal #1. Council Question: Does Council support [he Applicant's proposal to remove the second level basement parking garage and to add two or three parking spaces accessed off the alley? 434 East Cooper Street Subdivision Review, Second Reading 4/19/2010 Page 1 of 4 2. _Convert proposed Free Market Residential Unit into an Affordable Housing Unit; and 3. Convert proposed Commercial Space #7 into an Affordable Housine Unit. The Applicant proposes the conversions to address Council and public concern that creating new Free Market Residential Units decreases vitality and activity in the Core. In addition, the proposed conversion of the commercial space would contribute to the vitality of the proposed mixed use building by adding another affordable housing unit. Staff Comment: The conversions of the proposed 600 square foot Free Market Residential unit and Commercial Space #7 into two deed restricted R.O. affordable housing units meet the goals of the Aspen Area Community Plan listed in the Managing Growth and Housing Chapters. The density of free market residential units is proposed to be reduced from three units to two units; and the amount of commercial space would be reduced from the proposed eight spaces to seven. All four of the affordable housing units are proposed to be located on the second floor of the project and the two free market residential units are proposed for the third floor. It is unclear at this time as to whether the units would be for sale or for rent. Staff Findin>?: The current building contains office/ retail use only. Staff finds that adding two affordable housing units (for a total of four affordable units) is a significant improvement that strengthens the mixed use project and will add vitality and life to the Galena/Cooper corner year round. Staff recommends that Council support proposals #2 and #3. Council Question: Does Council support the Applicant's proposal to convert the 600 square foot Free Market Residential unit and Commercial Space #7 into two Affordable Housing units for a grand total of four affordable housing units, two Free Market Residential units and seven commercial spaces? 4. Increase third floor setback alone the allev (north elevation.) During the public hearing, the Applicant heard neighborhood concern about the impact of the proposed third floor on the Aspen Block Building to the north and the alley. The public and Council voiced concern about the overall height of the building and questioned whether the proposed three stories were appropriate. The proposed project includes a 1,400 square foot Free Market Residential unit located on the third floor abutting the alley (north elevation.) The Applicant proposes to pull the unit about six feet from the north edge of the building to alleviate the impact of the third floor on the Aspen Block Building and neighboring structures. Staff Comment: The proposed 36'7" height of the subject building is below the maximum height limit in the Land Use Code. Staff and HPC find that the proposed height is appropriate for the historic context. The surrounding historic landmarks (including Aspen Block, Andres, Independence Square, Paragon and Red Onion) are roughly between 34' (Aspen Block Building) and 46' (Paragon Building) tall. Staff Findin¢: Staff finds that increasing the north setback of the Free Market Residential unit reduces the perceived scale of the third floor as viewed from the north and east. Pulling the ~ The project presented to Council in January 2010 exceeded the required affordable housing mitigation and, in StafFs opinion, met the goals of the AACP. 434 East Cooper Street Subdivision Review, Second Reading 4/19/2010 Page 2 of 4 third story back will provide some relief to the Aspen Block Building and lessen the visual impact of the third floor on pedestrians walking down Galena toward Aspen Mountain. Staff recommends that Council support proposal #4. Council Question: Does Council support the Applicant's proposal to increase the third,~loor setback along the alley? 5. Revise the Galena Street facade. The Applicant heard Council concern that the Galena Street facade did not activate the street and is willing to look at design changes with more specific direction from Council. Staff Comment: The Historic Preservation Commission granted Conceptual approval for the project that includes mass, height, scale, site location, and Commercial Design Standard Review. Final HPC Review occurs after Subdivision approval and addresses fenestration, architectural details, materials, landscaping and lighting using adopted Design Guidelines specific to the Commercial Core Historic District. During Conceptual Review HPC struggled with the Galena Street facade and continued the public hearing with direction for the Applicant to return to HPC with revised massing on Galena Street. HPC granted Conceptual approval for the mass, scale and height with the understanding that architectural details for the project would be addressed and refined during Final HPC Review. Staff Findinti: Staff recommends that the applicant include more entryways into the commercial spaces along Galena Street to activate the elevation. Recessed entryways are characteristic of 19`h century commercial buildings and may strengthen the relationship of the Galena Street facade to the overall Historic District. There is a grade change along Galena Street that may make ground floor level changes challenging, but Staff finds that adding entryways and creatively addressing the grade change at the ground level will activate this elevation and create a better pedestrian experience. Staff recommends that Council specify recommended changes to HPC for Final HPC Review. Council Question: Does Council support the addition of more entryways and the applicant proposing a new solution to the grade change along Galena Street to activate the elevation? Does Council want to make a recommendation to HPC regarding architectural details for approval at Final HPC Review? 6. Updated Construction Manaeement Plan (CMP.) The Applicant heard concerns voiced by Council and neighbors regarding construction impacts on downtown vitality, visitors, residents and businesses; staging areas for construction materials and parking; and potential construction noise impacts. During the January 11, 2010 hearing, Councilman Johnson mentioned that there is an opportunity for this applicant to take a leadership role in construction management. As such, the Applicant gathered copies of approved CMPs for recent projects to inform a CMP for the proposed project. The applicant proposes to create a binding CMP that mandates specific mitigation measures above the City's adopted requirements. As part of the revised CMP the applicant is working on, construction is proposed to begin in September to capitalize on the longer off-season for demolition and 434 East Cooper Street Subdivision Review, Second Reading 4/19/2010 Page 3 of 4 excavation. The Applicant proposes to continue to find ways to reduce construction times and mitigate impacts with Council direction. Staff Comment: During the January 11`h meeting, Councilman Romero mentioned a mitigation plan for businesses in the area and Councilman Johnson requested a CMP that informed the broader community. The CMP proposed in January 2010 met City standards, so it is important for Council to give specific feedback and direction toward an acceptable CMP. Staff Finding: There is no requirement for a project to provide mitigation to neighborhood businesses, nor does Staff recommend that Council ask the applicant to provide this type of mitigation or payment. The Obermeyer project provided mitigation to onsite businesses; however this entirely voluntary and only for onsite businesses. Staff recommends that the approved CMP include direct outreach to neighboring businesses for example: provide construction schedules and a method for feedback regarding the schedules, construct signage to redirect pedestrians to businesses, schedule monthly neighborhood meetings to update businesses on progress, and minimize the visual impacts of construction by utilizing the existing arcades and possibly creating murals in the walkways to "beautify" the construction site. Staff supports the proposal to begin construction in the fall off season as it is the longer off season and as such should be less disruptive. Staff recommends that Council support a binding CMP that mandates specific mitigation measures, especially direct outreach to the public and neighborhood businesses, and specifies exact construction dates where possible. Council Question: Does Council support a binding CMP that mandates specific mitigation measures above existing City standards as an acceptable solution to mitigate construction impacts? Is Council able to provide specific feedback and direction to This end? STAFF RECOMMENDATION: Staff recommends that Council continue the public hearing to June 28, 2010. CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A-City Council meeting minutes, January 11, 2010. ExHIBIT B -Letter from Applicant, dated April 7, 2010. EXHIBIT C-Letters and emails from the public received January 26, 2010 -April 16, 2010. 434 East Cooper Street Subdivision Review, Second Reading 4/19/2010 Page 4 of 4 l ~- Reeular Meetine Aspen City Council January 11, 2010 Ta or told Council staff recommends postponing the proposed engineering plan f es. ~ " - ~ I ~ Thes should be reviewed as part of the discussion on the community developm t depart ent fees. Councilman Torre asked about rental for the ARC fees at $2 /hour and ho many times a yeaz is the entire pool facility rented out. Tim And n, recreation hector, said the entire facility is rented out maybe twice/year. Councilman mero moved to adopt Ordinance #27, Series of 2009, amended on second reading, econded by Councilman Johnson. Roll call vote; uncilmembers Romero, yes; Jo son, yes; Skadron, yes; Councilman 'force, yes' ayor Ireland, yes. Motion carried. - Franchise Agreerpbnt Comcast Don Taylor, finance direct ,told Council this will ap ove a franchise agreement allowing Comcast to use cit 'ghts-of--way for their ervice delivery and in exchange the city receives 5% of their gross ales. Mayor Ireland opened the public wring. Th were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt rna seconded by Councilman Romero. R all yes; Johnson, yes; Skadron, yes; M or Ir RESOLUTION #5 SERIES 2010 - 201 Jessica Garrow, communit development del annually on the unused wth management be carried forward. In 009 there are 18 free feet commercial allo ent unused. Staff recc nce #30, Series of 2009, on second reading; vote; Councilmembers Torre, yes; Romero, and, yes. Motion carried. GMQS Allotment Rollover told Council they must vote its on whether they should expire or residential units and 33,202 square k none of the allotments be carried forward. / Mayor Ireland oved to adopt Resolution #5, Series of 2 10; seconded by Councilman Romero. Mayor Ir and opened the public hearing. There were no co ents. Mayor Ireland closed t e public hearing. All ' favor, motion carried. ORDINANCE #28, SERIES OF 2009 - Bidwell/Mountain Plaza Subdivision Sara Adams, community development department, noted this property, 434 East Cooper, is located in the commercial core. The building is not a historic landmark. Ms. Adams said this request is to demolish the existing building and to replace it with a mixed used building including commercial, free market and affordable housing residences. Regular Meetin¢ Aspen Citv Council Jauuary 11, 2010 Ms. Adams outlined in 2007, HPC granted approval for conceptual review of commercial design standazd review, view plane and demolition of the existing building. P&Z granted growth management and recommended subdivision approval to Council. At Council, concerns were raised by public and by Council regazding massing, height, and lack of public amenity space. In 2008, the subdivision request was denied by Council. The applicant made major design changes after that and requested Council reconsider their vote. Council granted that reconsideration and remanded the project back to P&Z. Ms. Adams told Council this project is under the land use code in effect Mazch 2006 when they first applied. HPC has conceptually approved this redesign; P&Z has granted approvals for these changes. Ms. Adams reminded Council there were concerns about the impact of the height of the originally proposed building on surrounding buildings and on the pedestrian experience. In response to that, the applicant reduced the height and pulled the building in to minimize the visual impact. This proposal is under the allowable height limit. Ms. Adams said in 2008 there was a concern there was a lack of western vernacular, which is difficult to define. Ms. Adams said western vernacular is a local building form using local materials and recognizing a building style adapted for the local environment. Ms. Adams said one of the things that makes Aspen special is the variety of architectural styles. The Aspen Area Community Plan comments that creativity resulting in design solutions that aze fresh and innovative is encouraged. The commercial core design guidelines support the goal. Ms. Adams said there was no pedestrian amenity in the 2008 proposal, Ms. Adams noted 19`h century buildings were built lot line to lot line. The land use code recognizes the importance of pedestrian amenity space and requires a percentage of a site to have that. 434 East Cooper is required to provide 10% amenity space and they propose 12%, which staff finds meets the standards of the land use code. Ms. Adams said staff and HPC find the proposed building fits into the downtown historic district. This project proposes a mix of uses on 3 different levels that supports a balanced community. Ms. Adams said the applicants have tried to address the issues from the 2008 application and to meet the goals of the AACP. Chris Bendon, community development department, reiterated this building is not historic. This question has come up since 2006 when the application frst came to staff, who encouraged the applicant to apply for a demolition permit which would bring the issue to the fore. HPC approved the demolition request; Council then called up that decision and initiated a historic designation application. Staff prepared the historic designation application without the owner's consent. This went to HPC who recommended against historic designation to Council. Council decided, in the end, the project was not historic and denied historic designation. Bendon pointed out this property was not identified on the Ordinance #48 list of potential historic properties, which should provide some insight on the merits of historic designation. Bendon told Council the land use code sets out the expectations for what is expected of applications and subdivision is a straightforward review focusing on the Regular Meeting Aspen Ciri Council January 11, 2010 ability to serve the project with infrastructure. Subdivision is not a design review or review of the work of HPC. Bendon noted the zoning for this property and the land use codes adopted were adopted to implement the Aspen Area Community Plan. This project complies with zoning and codes. A recent court case regarding compliance with the AACP suggests [he city can use the AACP as a standard of review as long as provisions of the AACP aze cited that are sufficiently exact to be reasonably used as a standard of review. Bendon pointed out the staff has listed sections of the AACP that would be sufficiently exact to be used as a standard of review for this project. Bendon noted that the applicants made a concerted effort to work on the issues cited by Council at the denial of the previous project. Bendon said the applicants brought a totally redesigned project including useful open space and ways to contribute to the downtown. The applicants looked at creating small commercial spaces and how they might address "westem vemaculaz" azchitecture. Bendon said staff feels this application addresses issues brought up at the last review and addresses the AACP points brought up in that review. Bendon said the applicants worked on ways to enhance community awazeness about this project. There was an open house; they included extra information in the public notices. Mitch Haas, representing the applicant, told Council the applicants heard concems from the public and from Council at the previous public hearing. Most of these issues concemed scale, height, mass and lack of pedestrian amenities. Retention of westem vemaculaz and construction management plans were also concerns. Haas said since that hearing, the project has been redesigned to address the concems and the suggestions. Haas noted a comprehensive construction management plan has been added which incorporates suggestions heard from the public. Haas stated the CMP is not a final product. Haas told Council this project has been reviewed by HPC under the historic preservation design guidelines and the commercial design standards; both documents require a design be consistent with and compatible with the surrounding historic structures and historic district. HPC approved this project unanimously finding it consistent with the HP design quality section of the AACP. Haas noted this site is in the middle of town and within walking distance of most businesses and the transportation center. The location allows it to satisfy all transportation elements of the AACP. John Rowland, architect for the project, showed the site, what exists on the site, the timber construction, primarily office and retail, no residential components. There is 12,000 square feet of net leasable area and the pedestrian amenity is 2%. There are 3 parking spaces off the alley. This building is located in the CC, commercial zone district. Haas said the existing buildings detracts from the historic district. This building occupies one of the most important corners in Aspen's downtown. No streetscape is provided; the arcades make it difficult to locate businesses; the sunken courtyard pays a part in eroding the location. One entrance is down a stairway through the sunken courtyard; most of the Reeular Meetine Aspen Citv Council January 11, 2010 spaces aze not handicap accessible nor pedestrian friendly. Rowland told Council the height of the existing building is 25'4". Haas pointed out across the street, the Volk building is 3 stories; the Independence building is 3 stories and the Guido's building is 2 stories. The Aspen Block is 2 stories. Haas said when this project was submitted, the allowable height was 42 to 46'; the height limit today is 38' and the highest point of the proposed building is 36'7". Haas showed a slide of the historic district highlighting the 2 and 3 story buildings in that district. Haas said the adopted commercial design standards recognize a pattern of development, that structures on corner lots should be the most important building in that block. Haas said this proposed building is worthy of a centerpiece location and the building will contribute to the uniqueness of Aspen. Haas said this building will increase pedestrian interest and activity in the area. This building will be built to LEED silver or higher level. Rowland stated one of the project goals is to adhere to the Aspen Area Community Plan and create a mixed use building to increase diversity. Rowland said during construction, pedestrian access will be maintained along the existing sidewalks. Seven more parking spaces will be provided; there will be re-use of the existing building's materials, the wood timbers and the brick where applicable. There will be solar and photovoltaic panels. Rowland told Council the applicants plan to engage the community in the construction management program. Rowland showed slides of the present building, the previously presented building and the new design. Rowland pointed out in the new design how the building is pulled back from the street. Rowland showed slides comparing the old and new design, the height, the pedestrian spaces and the setbacks. Haas noted the proposed pedestrian amenity space exceeds the land use code requirements; the code requires 902 square feet of pedestrian amenity space and this proposal is 1050 squaze feet. Haas said the proposal will compliment the current plaza in front of both the Paradise bakery building and the Guido's building. This proposal will enhance pedestrian circulation by opening the corner to a great extent by removing the walls azound the property. Rowland showed a site plan; the 5 handicap accessible entrances into the building; the public amenity space, the automobile elevator and how it operates in the alley. Haas stated this project contains only uses permitted in the CC zone. The project complies with all dimensional standards; the applicants have requested no variances from the underlying zone district requirements. The cumulative floor area for the property is within the 3:1 limit and uses only 67% of that allowed for the property. The proposed building is about 18,000 square feet and the zone district allows 27,000 square feet. The land use code allows 9,000 square feet of free market space and this proposes 5078 squaze feet or 58% of that allowed by code. The proposal has 11,304 square feet of commercial FAR; there is more net leasable commercial due to subgrade space. The proposal is within that allowed for commercial squaze footage. 10 Reeular Meetiue Asaeu City Council January 11.2010 Haas noted the total above grade commercial space exceeds the total free market space and the free market units all comply with the maximum unit size of 2,000 squaze feet. The code requires 3 parking spaces and this proposal has 10 parking spaces. Rowland went over the floor plans, showing the existing building and the proposed building what will be located on each floor. Haas pointed out the proposed commercial spaces are small to appeal to local entrepreneurs. Rowland showed the 2nd floor which has 3 flexible office spaces, 2 affordable housing units and 1 free market studio with a deck over looking the pedestrian amenity space. All uses have been integrated on the 2"d floor with the same lobbies. Housing for 3.5 employees is being provided; each unit is 600 square feet with laundry facilities. The basement contains l00 square feet of storage for every unit. Haas noted all affordable units are above grade, have windows and sunlight. Haas said there are provisions for continued affordability regarding homeowner's dues and assessments; the assessments can never exceed $50/month. Haas said these units comply with all requirements of the APCHA guideline and aze being deed restricted to category 2, rather than category 4, which would be allowed. Haas told Counci{ there is no net employee generation from the commercial space as compazed to the existing building. There is a credit for the existing structure for employee generation; the requirement for affordable housing is from the free market portion of the proposed project and is proposed at 117% of the housing requirement. Rowland showed the plan for the 3`d floor with 2 free market units and a common deck, which is accessible to all tenants and residents of the building. The roof plan is a green roof with solar panel; there is no use on the roof. Rowland pointed out the heights at various locations around the building and where it is a 2 story element. Rowland showed the plan for the la` subgrade basement, a commercial space, which can be divided in different ways and a plan for the basement which has 10 parking spaces, building and residential storage. Jerry Cavaliers, Hansen Construction, told Council the construction management plan was developed in conjunction with the engineering department and it is compliant with all required items. Cavaliers said the proposed schedule is 32 months and after 20 months, most of the public impact is over. Cavaliers noted the existing walkways will be maintained during construction except when demolition materials are being cleared off the site. There is a staging area for trucks on the street and the fence for that staging area can be moved on weekends and holidays when it is not being used for construction. There will be scaffolding in the alley and fire egress will be maintained. Councilman Romero asked how far down the site will be excavated. Cavaliers said 26'. Councilman Romero asked the gross square feet of the building. Haas said it is about 40,000 squaze feet. Cavaliers said they have done community outreach, have a facebook site, and have worked with local businesses and the newspaper. Cavaliers said during construction there will be monthly meetings, a public comment box on site, an information board and construction cameras. Mayor Ireland stated he is concerned about the construction hours and when heavy noisy construction is being conducted. Mayor 11 Reeular MeeHne Aspen City Council Jaouarv 11, 2010 Ireland said this site is very sensitive and a premier comer and some important times should be off limits to big noise in order to not diminish the public activity in surrounding areas. There may be a lower noise and impact output during the summer high season and the holiday season. Mayor Ireland opened the public hearing. Ms. Adams entered 12 a-mails into the record; 7 in support and 5 opposed. The a-mails aze from Larry Salitemran, Laurie Bernstein, Kurt Wong, Michael and Lisa Haisfield, Andrew Gerber, James Anderton, Sean Gooding, Bill Wiener, Paul & Angela Young, Junee Kirk, Georgeanne Waggaman, Renee Maisberger. Hal Craft stated he is concerned about the noise and how much this project will affect the economy in the area. Construction at a site like this will have an influence on tourists and having them return. Crag said he is also concerned about how this will affect the views of the mountain. Roine St. Andre said this building did not get approved 2 years ago and there is less need for it now. Ms. St. Andre said the building is not full right now. This is located on a one-way street with not a lot of room for constmction vehicles. Ms. St. Andre said Aspen is in a good place to start doing something about climate change and the environment. James Anderton, Kemo-Babe, told Council he has been a tenant in this building for 17 years. This building cannot sustain tenants because it does not function. Anderton said he favors this building and it will be a better space for tenants. Sandra Gazza, L'Occitane, said she feels the construction and noise will hinder businesses in [his azea. Ms. Garza said many visitors come for the old limey feeling of the town and a new building will take away from that feeling. Joan Lebac asked Council to keep out massive developments. The city has spent a lot of money buying open space and the plaza is a wonderful square. Ms. Lebac said if this building is allowed to redevelop, all 3 other comers will want to go higher. Ms. Lebac said this building will block out the sun. Aspen has the gift of nature, which this building will lessen, and the old limey feeling. Ms. Lebac said the proposed building should not be I"higher than the existing building. Terry Butler submitted photographs for the record. Ms. Butler told Council she lives and works in the Aspen Block building directly north of this site. Ms. Butler said her business, the Residence Hotel, sleeps 24 people. Ms. Butler said many in the community are concerned with the negative impacts on the business, the visitors and the environment by tearing down this building. Ms. Butler said this is the premier comer in Aspen. Ms. Butler requested Council not allow this building to be torn down; it should be repaired. The covered walkway is full of charm and should be preserved. The community does not need more high end condominium units. Ms. Butler said she has not seen concerns for the neighbors from the applicant. Ms. Butler said she is concerned about the foundation other building from this constmction as 1/3 ofthe block will be tom down and excavation to 30' will occur. Ms. Butler noted there has never been a construction site of this magnitude in the center of downtown. 12 Reeular Meetiuu Aspeu City Couucil January 11, 2010 Martha Madsen said she would prefer to see this building remodeled and upgraded. Ms. Madsen said she is concerned about this building blocking the sun and views. Junee Kirk stated the city has made an effort to preserve this corner and the community needs to keep this open space and views of this plaza. Ms. Kirk said the pit should be retained; it gives symmetry to the square, which the proposed plan does not do. This proposed building is 3 times the mass of buildings along the mall. Ms. Kirk said it is important to maintain the scale and mass; this is not the time to be building massive buildings. This corner should be dedicated to the preservation of historic buildings and to the plaza. Dennis Dodson, Pismo Glass across the mall, told Council he is concemed abut their livelihood and quality of life if this is approved. There will be an impact on foot traffic and on the glass in the shop. This comer is a lazge attraction in the summer. Billie Pierce Irwin stated she is worried about the views. This is a precious comer and one of the most important in town. The alley is a big concern; there is a lot of delivery traffic currently in that alley. Ms. Irwin said she would rather see the owners renovate and keep the historic integrity of the building. Tom Sharkey said Aspen is a tourist based economy and Council needs to make sure the downtown main square is a good place for guests. Sharkey said he is concemed about losing tourists and Aspen needs to have every tourist they can get. Anime said she is a lessee in the Bidwell building and is concemed about the health and safety of the tenants and of the building. There are electrical issues; the building is not pedestrian friendly. Anime said the enhancement of the building will add a lot to town. Jim Smith said this design will not be treasured by Aspen residents. Smith said if the building is approved, the finished product should not turn out to be different than what was approved. Smith said there should be a complete detailed view of what the exterior of the building will look like when complete. Kaitlin Jergensen said she is concemed abut the noise, dust, dirt and traffic from the construction. Toni Kronberg said she understands [hat Council adopted amendments to the subdivision code which required a subdivision be consistent with the Aspen Area community Plan. Ms. Kronberg said one review standazd is that the proposed subdivision not adversely affect future development of surrounding azeas. Ms. Kronberg said size, mass and scale of a project can be considered in the subdivision process because that is relevant whether the subdivision is consistent with the AACP. Ms. Kronberg said the height, size and mass of this building is not consistent with the AACP. The project is supposed to fit in and be consistent with the neighborhood. Ms. Kronberg submitted photographs showing the azchitectural chazacter and the character of 2-story buildings. Ms. Kronberg said the existing building has a unique design. The new design is boxy and squaze. The height of the new building will put pressure on other buildings in the area to redevelop and to build higher. Isabel, a visitor, questioned life in Aspen during the construction and how that will affect people who come here to rest and to listen to music. Peggy McAfferty, manager Roots, said the old buildings in this area aze what people love. Ms. McAfferty told Council their customers love the old atmosphere; new buildings are not in keeping with Aspen's historic neighborhood. Aspen is about memories and those should be kept. Steve Fante, 13 Regular Meetine Aspen Ciri Council January 11.2010 CB Paws, said he hoped to see a compromise and a redevelopment without a large impact on the existing community. Fante said height is a major issue; construction scheduling is a major issue. Fante said he feels the Galena street design should be given more consideration. The immediate neighbors need to be given more consideration. Jeremy Bemstein said there is strangeness in the proportions, which will be lost with this new development. Bemstein said a good renovation will fix a lot of problems brought up by the public. Uvlayor Ireland closed the public hearing. Haas said the largest concerns expressed were the impacts of construction. Haas said it would be unfoRunate to hold this property captured in time due to its location. It would be short-sided to consider only the short term impacts of construction versus the long term benefits of a redeveloped building on site. Haas said this project has merits including consistency with the AACP, introduction of affordable housing, a LEED certified building which will increase efficiency of the building. Haas said it is important to look beyond the construction impacts. Haas said the goal is to do the project the right way and create a better building to serve the community. Haas noted there is no loss of sunlight; the 3rd story is setback so that it will not interfere with the sun in the southern skies. The building will keep the views open from the Pazadise bakery and will add a complimentary plaza across the street. Haas reiterated this building adheres to the design standards of the HPC and to the commercial design standards. Haas pointed out this building is not historic. Rowland said the client is trying to do a project within the land use code; the applicants are not asking for any variances. Haas told Council this is the right time for approval. This project has gone through ] 2 public meetings and has had several open houses. There will be impacts from construction. Councilman Skadron asked how the guidelines put on the Volk building in 1986 differ from the existing commercial design guidelines. Bendon said staff will have to give this answer at a subsequent meeting. Councilman Skadron said the applicant compared their 3-story building to the 3-story Volk building; however, this building is approximately 30% higher than the Volk building. The proposed building is 37' and the Volk building is 28'. Haas said he was comparing the fact that the Volk building has 3 stories. Councilman Torre said he feels Council and staff should revisit the code and possible code changes. Councilman Torre said the construction concerns aze valid. One troubling issue is the staging azea on Galena, which takes up half a block. Councilman Torre said he feels that staging area will be disruptive. Councilman Tone said ho appreciates the existing covered walkways being used as construction walkways. Councilman Torre agreed this design does not do a lot for activating the Galena street side of the project. Councilman Torre said a lot of progress has been made from the previous presentation. Councilman Torre stated he supported this building beings designated historic. Councilman Tone said he has concerns about increased parking on site with an alleyway 14 Reeular Meetlne Aspep City Couucil Jauuarv 11, 2010 access and would like more information why this is necessary. Councilman Torre said if it because of the residential component, then perhaps that is too much density for the area. Councilman Torre suggested the residences could be made smaller and moved towards the western part of the roof to lessen the impact on neighbors. Councilman Torre said he is concerned about the depth of the construction. Councilman Torre reiterated the project has made progress; however, the concerns are the overall impacts on the community for 3 or 4 years. Councilman Torre said if his concerns are addressed and the impacts of construction can be lessened, it might be acceptable after those amendments. Councilman Romero said the 3 priorities for judging the project are height and mass and views that might be impacted; the neighborhood character and the public amenity space; and the construction impacts. Councilman Romero said applicants have to measure and respond to both short term and long term impacts. Councilman Romero noted this is an exceptional comer and requires an exceptional response. Councilman Romero noted with the preponderance of negative response, the applicants have not done enough outreach to tie into and fit with the neighborhood. Councilman Romero stated this application has come a great distance from the previous application. Councilman Romero said from his view, there is a long way to go on this app]ication on community goals, neighborhood fit, and feel and presence for pedestrians. Councilman Romero stated this is a good start on the construction management plan; however, there is a long way to go and it has to anticipate all the angles to this construction. Councilman Romero asked about shoring and retaining for excavating 26' and the explanation of how this will be done should be shared with the public. Councilman Romero said the Galena street side is not as inviting as the rest of the project. Councilman Romero said Council has to look at what this project may induce elsewhere along the mall. Councilman Romero stated he would like to hear the mitigation plan for the businesses in the azea and how the applicants are working with the neighbors to make sure the construction does not excessively affect their daily lives. Councilman Johnson noted this is better than the last application. Councilman Johnson agreed that the Galena street side could use some activation. Councilman Johnson said the applicant should speak to whether or not the views are affected. Counci]man Johnson noted there will be alley congestion and the elevator and underground pazking will exacerbate that. Councilman Johnson stated he would like to see more information and a plan on how the alley and parking will be handled. Councilman Johnson noted there is more work to be done on public outreach. Councilman Johnson said the construction management plan needs work; for example there should be more than 10 days notification and to more than those residents within 300'. Councilman Johnson stated a broader community needs to be informed. Councilman Johnson said there is an opportunity for this applicant to take a leadership role in construction management. Councilman Johnson said he would like to see off season used more for construction with dormant periods during high season. Councilman Johnson stated it should be required that construction workers use public transportation. 15 Regular Meeting Asnen City Council January 11 2010 Councilman Johnson stated this is an important comer for the community and he would like to see this worked out. Councilman Skadron noted one of the public reminded everyone that the feel of the community is key to why people live and visit. Councilman Skadron said the current building has warmth and charm and this is lacking in the proposed building. Councilman Skadron said he needs to be comfortable that criteria in the AACP is being met, like how this proposed subdivision affects future development of the surrounding areas. Councilman Skadron said he is not quite willing to let go of the beauty of the existing site. Mayor Ireland said the proposed completion bond does not give a source of income revenue to deconstruction or to finish the project. Mayor Ireland said this agreement gives the general contractor the ability to specify that amount. Mayor Ireland said he does not want the community stuck with ahalf--built building at this location. Mayor Ireland stated he is concerned about the allowable 80 decibels in downtown and suggested Council do an inspection and listen to what 80 decibels is like. Mayor Ireland agreed if this is approved, a special construction schedule that protects the vitality of downtown is imperative. Mayor Ireland noted construction parking all around this site will be detrimental to downtown businesses. Mayor Ireland suggested all the construction vehicles be registered and the city can use the license plate recognition program. Mayor Ireland stated his biggest concern about the project is the conversion to residential uses which put a damper on the use of the space and the downtown core becomes less active. Mayor Ireland agreed the pit is dead, non-usable space and likes the alternative pedestrian amenity. Councilman Torre moved to continue Ordinance #28, Series of 2009, to January 25, 2010; seconded by Mayor Ireland. All in favor, motion carried. RESOLUTION #6, SERIES OF 2010 -Code Interpretation Appeal Permitted uses in S/C/I zone Jennifer Phelan, community development department, told Council this is an appeal of an interpretation issued by the community development department regarding permitted uses in the S/C/I zone. Ms. Phelan said the land use code cannot predict every type of use that may occur; however, new uses need to meet the purpose and intent of the zone district. Ms. Phelan told Council when a new use is proposed, an applicant requests a code interpretation to determine if the proposed use is appropriate in that zone. Ms. Phelan said this applicant asked whether the growing of medical marijuana could be permitted in the S/CQ. Staff determined that the proposed use is crop production and an agricultural use and not permitted in a light industrial/manufacturing zone, which determination the applicant has appealed to Council. Ms. Phelan reminded Council in an appeal, they are authorized to hear the appeal established by the record. Staffls determination shall not be reversed or modified unless 16 ~,ZIO,tiDIO HAAS LAND PLANNING, LLC 201 N. MILL STREET, SUITE 108 ASPEN, CO 81611 (970) 925-7819 MHAAS@SOPRIS.NET To: Aspen City Tnru: Sara Adams, Community Hate: April 7, 2010 Council ~ Development Dept. sonject: Bidwell/Mountain Plaza Building (434 East Cooper Avenue) , Continued Hearin on April_26, 2010_„ _ ~ It is the applicant's intention to utilize the continued hearing scheduled for April 26, 2010, to discuss with the City Council the types of plan changes/revisions currently being contemplated. The applicant has been involved in the City's various review processes for more than four (4) years and has, in good faith, engaged in numerous iterations of project design and re-design, all at substantial cost. Rather than simply prepare yet another redesign of the proposal for review, the applicant would greatly appreciate an opportunity to discuss with the City Council the applicant's proposal to address the concerns voiced by citizens and Council members at the January il, 2010, hearing. The changes currently envisioned are explained below. It is hoped that Council will provide as much feedback and further direction. as possible before the applicant proceeds with the changes being considered for the proposed project and the redesign. work that such changes would entail. In response to the City Council and citizen comments heard at the January 10, 2010, hearing, the applicant is prepared to: 1) Eliminate the sub-basement/garage level altogether. The sub-basement/garage level seems to be the most complicating aspect of the envisioned construction effort. It requires extensive excavation bringing with it noise, dust, vibration and numerous truck trips to haul out the fill. It also extends the construction period for a considerable period. Additionally, as was commented on, the congestion in the alley, once the garage goes into operation, may increase significantly. Given the foregoing, the applicant is contemplating the elimination of the garage level and simply replacing the garage lift bay with atwo- or three-car garage (similar to the garage on the Paragon Building, across the alley); some of the losses in storage space will be made-up in the area gained on the regular basement level with elimination of the auto-lift. Some limited excavation would, of course, still be required to square- off the existing foundation area and replace utilities and such, but the magnitude and duration would be significantly reduced. In fairness and for purposes of discussion, it must be pointed out that this step toward substantially reducing construction- and alley congestion-related impacts also involves a net reduction of off-street parking spaces. Note, however, that off-street parking for the residential units in this mixed-use building is not required by the Land Use Code and that, due to the existing deficit of on-site parking, a total of less than three (3) off-street parking spaces will actually be required for this revised proposal. 1 2) Convert the 600 square foot free-market residential unit on the second floor to a deed restricted R.O. affordable housing/employeennit. This will leave a total of only two (2) free-market residential units in the project. While the redesign to accomplish this has not yet been done, it will have the effect of further reducing not only the number of free market residential units but also substantially reducing the total Free Market Residential FAR of the project. The original design proposed for this project included 9,OOOsf of free-market residential FAR and the iteration reviewed on January 10~ included only 5,078sf of free-market residential FAR, or just 56% of what this development could rightfully propose without needing avariance/PUD. Wrth the additional reduction suggested herein, the total free-market residential FAR of the project would be reduced to the neighborhood of 4,300sf (including non- unit/common areas), or approximately 47% of that allowed under the applicable Commercial Core dimensional limitations. This also addresses the concern of creating "cold" space instead of "hot" space as the deed restricted units will be occupied on a year-round basis. 3) Convert the proposed "Commercial Space #7" (the second floor office with the balcony) into another deed restricted R.O. affordable housing/employee unit. Depending on design and building code limitations, the applicant will also attempt to make this change in a manner that would allow shifting the 600sf unit discussed above to the south so it would also have a balcony. The combined effect of this and the previously-described change would be a total of four (4) one-bedroom, deed- restricted affordable housing/employee units (housing 7 FTE) where less than two (2) are required for mitigation. Moreover, the mitigation requirement that lead to this project including two (2) one-bedroom employee units of 600sf each is 100% attributed to the free-market residential units; this mitigation requirement would be further reduced by having eliminated one of the three previously proposed free- market units. Nevertheless, while the mitigation requirements decrease, the applicant is proposing a two-fold increase to the amount of deed-restricted affordable/employee housing in the development. The end result will be a total of two (2) free-market residences and four (4) deed-restricted affordable/employee units that will be lived-in on a year-round basis. 4) Increasing third floor setbacks. The applicant is willing to pull the smaller (was 1,400sf) free-market unit on the third floor back six (6) or so feet to the south. This measure will help to address concerns relative to shading and other impacts on both the alley and neighbors across the alley. This change will also further reduce the total free-market residential FAR of the proposal. 2 5) Galena Street facade. The applicant is willing to revise the Galena Street facade in a manner aimed at addressing the concerns raised by members of Council at the January hearing. The additional affordable housing spaces with second floor balconies facing Galena Street and the Cooper Avenue mall will help to enliven the building and pedestrian experiences. However, before attempting to revise it, the applicant would greatly appreciate some clarification on the types of architectural changes Council had in mind for the Galena Street facade. 6) Construction Management Pian (CMP) upgrades. • As discussed above, elimination of the sub-basement/garage level will substantially decrease construction related impacts as well as the overall duration of the construction period. • On behalf of the applicant, Jerry Cavaleri of Hansen Construction has obtained copies of the approved CMP for each of the following projects: the La Cocina redevelopment, the Fire Station redevelopment, the Residences at Little Nell, the Limelight Lodge, the Dancing Bear Residence Club, and the Stage 3 redevelopment. The applicant intends to extract all of the best, most innovative and most successful aspects of each CMP for inclusion in the proposed CMP for the subject project, which CMP was already meeting or greatly exceeding the City's requirements. • Additionally, many of the aforementioned CMP include programs to merely incentivize or encourage impact-reducing measures such as but not limited to carpooling and noise-reduction, but the applicant intends to create a binding CMP that mandates such measures. • The applicant is also considering shifting the commencement of construction from April (after ski season) to September (after Labor Day when there is a longer off-season window in which to get the demolition and limited excavation done) before moving into the winter season when there are fewer people sitting outside in the Paradise Bakery plaza or along the pedestrian malls. It is felt that the impact leading into the winter months will be less than if construction begins in the spring and runs straight into the summer season. • With just initial review and changes to date, the applicant has already found ways to significantly reduce the total construction time and will continue efforts towards this end. Again, the applicant would like to avoid unnecessarily incurring additional costs on design, CMP changes, presentations, etc., unless there is a good sense from Council that the above-described changes will be supported. It is hoped that Council will provide as much feedback and further direction as possible before the applicant proceeds with completing the redesign and other work that such changes to the proposal would entailed, With Council's feedback and direction, the applicant would then request another continuation of the hearing to provide adequate time for working on the design changes, CMP changes, and any additional community outreach that ought to be engaged, 3 ~'~ c. Sara Adams From: Isabelle [isabellegruet@me.com] Sent: Monday, April 12, 2010 6:57 AM To: Sara Adams Subject: Bidwell Building Project To all members of The City Council, I have been coming in Aspen since more than 2 years, all winters, then all summers. I am always staying in town because I like the shape, the ambiance and the very typical way this city has been built. Aspen looks like no other mountain resort and it is the'way we would like it to stay. This plaza we are talking about is unique. Please do not change its shape by building a huge Vail style one ... Let Aspen stay Aspen. I heard the building is not comfortable and safe anymore. They are plenty of ways now to fix that without killing history and appearance of a whole town. And think about the noise, the dirt, the pressure this huge project is going to put on people around. I am one of them. It scares me. And I really do not like the idea of this plaza closed to all kind of life during years ... Hope you will reconsider et find a way to keep this town a Paradise, not hell All the Best Isabelle Gruet 1 Sara Adams From: Carlo.Marino@buccellati.com Sent: Tuesday, April 06, 2010 3:11 PM To: Sara Adams Subject: Re: I like the downtown just like it is To Mick Ireland and the city council I am totally against the demolition of the Bidwell B1dg.....I like the downtown just like it is. Carlo Marino ----------------------------------- Carlo Marino 441 East Hopkins Avenue Aspen, CO 81611 +970-544-8303 (0) +970-274-3077 (M) +970-544-0279 (F) www.buccellati.com If you haven't been to euccellati Aspen you haven't been to Aspen 1 Sara Adams From: Seymour, Luky [LSeymour@aspensnowmass.com] Sent: Monday, April 12, 2010 5:35 PM To: Sara Adams Dear Mr. Mayor and City Council, In the past I have always been a proponent of growth in Aspen. At this time however, I must change my position especially in regard to the demolition and rebuilding of the Bidwell building. We already have more rental space than we need and to have a major part of downtown torn up for 4 to 5 years will totally deter people from spending time in the core of Aspen and Aspen in general. A concerned, 36 year resident of Aspen, Martha L. Seymour Sara Adams From: AspenThau@aol.com Sent: Friday, April 16, 2010 7:48 AM To: Sara Adams Subject: 4/26 City Council Meeting To: Mayor Mick Ireland The City Council My husbnd and I have been apart-time and then full-time resident of Aspen for nearly 40 years. We have watched the many changes made to downtown Aspen, some with great improvement and some with an aching heart. We feel that the proposed demoli-tion and reconstruction of the Kemo Sabe building would be a travesty. Not only will this project destroy the historic Benedict building, but the overly large size of the proposed building is not fitting for downtown and that street. The size of the construction and project, will greatly hamper traffic, the look of downtown and greatly hurt the surrounding retail stores for a lengthy time, and be an eyesore for tourists. We are against the demolition of the Bidwell building, and hope that downtown can retain its character and history without being spoiled by this uncharacteristic project. Sincerely, Dorothy and Harold Thau Sara Adams From: helena thastrom [kareninah@hotmail.com] Sent: Tuesday, April 06, 2010 10:03 AM To: Sara Adams i am completely against the demolition of the Bidwell bldg! we need to keep our buildings small and charming! there are so many other areas that needs attention in this town. to replace a working building with a monster does not solve any of the issues Aspen is faced with, it adds to them. Helena Hotmail: Trusted email with powerful SPAM protection. Sign up now. 1 Sara Adams From: Jswaspen@aol.com Sent: Friday, April 02, 2010 6:15 PM To: Sara Adams Subject: bidwell bldg i understand on April 26, you are going to vote on tearing down the bidwell bldg..well , i just returned from vail and let me say we are not vail..please do not vote for another monsterous building .1, we don,t need it and 2,you will put out of business many long time local aspenites...please save the character of my aspen...tell those people to go build in vail..thank you john walker Sara Adams From: Cooper, Pat [pcooper@ccias.com] Sent: Saturday, April 03, 2010 1:24 PM To: Sara Adams Subject: The Bidwell Building Proposal To The City Council of Aspen, The corners of Galena and Cooper are the heart of Aspen. To disturb this area where visitors as well as locals meet and congregate throughout the day and into the evening would destroy the soul of Aspen. Why would you even consider a building project on any of those corners, especially one that would narrow the spacious feeling, overshadow the surrounding buildings, suck up the air, and further diminish the unique and quaint aura of Aspen. Please don't allow this project...Enough is Enough! Thank you, Pat and John Cooper i Sara Adams From: Karen Kribs [kkribs@aol.com] Sent: Saturday, April 03, 2010 2:01 PM To: Sara Adams Subject: Bidwell property April 3, 2010 To: Mayor Mick Ireland and the Aspen City Council via Sara Adams From: Karen Kribs 631 So. Galena St. #15 Dear Mayor and City Council, Please add my name to the enormous and still growing list of Aspenites who oppose the redevelopment of the Bidwell property. I firmly believe that this attractive and useful building should be deemed historical and left in tact. That corner must be the busiest pedestrian corner in town......right at the end of the mall, with Paradise bakery and the visitors center. This corner needs to retain its' character and keep an open feel, conducive to relaxing and enjoying the view. A three story building there, built set back to set back, will crowd that corner and be out of proportion to the buildings on the other three corners. I suffered through three years of construction next door when the Hyatt Grand Aspen was built, then another two years when the Residences at Little Nell were built just across the street. I could not object to the redevelopment in those locations, because the buildings being torn down were old, tired, ugly, and well past their economic usefulness. This is not the case with the Bidwell building. The building is attractive, sits nicely on the property, houses some viable businesses and is truly historic......a building worth saving for many reasons. A medical emergency has sent me away for the moment, but I hope to be able to return before April 26 so I can attend the City Council meeting when this project will be discussed. I hope to find the Mayor and all of the Council members united in opposing this project. Think "Bigger is not necessarily better." I thank you in advance for taking the time to consider my views on this matter. Sincerely, Karen Kribs 1 Sara Adams From: B. R. Eubanks [br@proberesources.com] Sent: Monday, April 05, 2010 7:33 AM To: Sara Adams Cc: TButIer029@aol.com Subject: BIDWELL BLDG PLEASE DO NOT DESTROY THE BIDWELL BUILDING AND SO MUH OF ASPEN'S HISTORY. THANKS, BILL EUBANKS Sara Adams From: ritabe@aol.com Sent: Monday, April 19, 2010 12:26 PM To: Sara Adams Subject: Bidwell Building Dear Council Members, I am writing in regards to the demolition and development of the Bidwell Building. I think the time has come to take into consideration how destructive this project will be to that entire corner and to the town in general. The Paradise Bakery attracts so many people in the summer with the Music students playing both Day and Evening. This is one of the magical things that people who come to Aspen look forward to. I don't think it could possibly go on if there is sawing, drilling and excavation going on across the street. The economy has impacted businesses enough as it is. There are businesses closing down that have been here for 25 years or more and I think this project will only add to the problem. The construction trucks will hog the parking on that street and customers will not be able to park. This will reduce shopping and patronage on Galena and Cooper as well. This is probably the most vital corner in town. Do we really need to tear it up? The Motherlode building is vacant, the Crystal Palace is vacant,do we need another vacant renovation. Kemosabe is a great and vital store and one of the few "Western" type stores left with it's covered walk, etc. Should we loose this completely? I think it would be a mistake to knock the building down . I am a business owner and I know what it means to have construction in front of my store. Trucks everywhere and no parking for customers, noise and disturbance. Rita Bellino, Queen B Salon 970-920-4300 Sara Adams From: jslot1@gmail.com Sent: Monday, April 19, 2010 1:23 PM To: Sara Adams Subject: Bidwell I support Terry butlers. Position to stop the bidwell project the last thing our town needs is the ugly change proposed to replace the building I am on the east coast or I would be there for the meeting. Hurting Terry s hotel is unfair and btw the new plans for the bidwell. Building are terrible. John slotkin Sent via B1ackBerry by AT&T 1 Sara Adams From: WestEndKid@aol.com Sent: Monday, April 19, 2010 1:16 PM To: Sara Adams Subject: (no subject) Mick Ireland, Mayor, Aspen, CO Aspen City Council Members If the Bidwell development and demolition is allowed to go forward, the pressure on the central downtown corner will be more than the downtown can stand. The street will be closed, business will have to be closed, and the dust and noise pollution will drive everybody out of an already almost vacant downtown. Please do not let this happen to us at such a vulnerable time in our present economic struggle. Greg Envin Aspen Resident Sara Adams From: AspenBillie@aol.com Sent: Monday, April 19, 2010 1:37 PM To: Sara Adams Subject: Downtown Demolition MEMORANDUM TO: Hon. Mick Ireland and Aspen City Council FROM: Billie Pierce, 20 Year Resident I believe that the city council should call for a moratorium on any downtown demolition for the next year until we access what our problems and strengths are as a community. The fragile downtown businesses that will be affected are more of our concern right now than all the wealthy developers. Development can be looked at down the line, but right now we have to try to preserve everything we already have and help keep our present businesses viable. Sara Adams From: aspencarole@aol.com Sent: Monday, April 19, 2010 7:04 PM To: Sara Adams Subject: Bedwell demoliton and redevelopment I would like to add my voice to the proposed construction of the Bidwell site. As a longtime Aspenite of over 20 years I'm appalled that you would allow something that not only will negatively impact the charm of the town but will cause nearby businesses extreme hardship during one of the worst, if not the worst, recessions this country has ever seen. The hiring of construction people-probably a good percentage of them illegals-will not begin to make up for the economic loss to the nearby businesses. Please reconsider this radical redevelopment which will be one more change, like the Limelight that will change forever the landscape of Aspen. Carole Schutter Sara Adams From: Cheryl Hoiby [cherylhoiby@rocketmail.com] Sent: Monday, April 19, 2010 4:44 PM To: Sara Adams Subject: Proposed developement Kemo Sabe Bldg. Dear sirs, I am writing to present my thoughts on the proposed development in our downtown core. I am against the development for several reasons. The most important to me is the particular design of the project. It takes away the historic integrity this beautiful mountain town and sets the presidence for future building development. I personally believe the developer should go back to the drawing board and try for a remodel of existing structure. This inconvience to our community and surrounding business and current economic statis would destroy the already fragile situation for many. The timing is just now fair!!!! I trust in your wisdom I can count on you to do the right thing for our beautiful downtown and reject this proposed development. Yours truly, Cheryl Hoiby Sara Adams From: JanisNark@aol.com Sent: Monday, April 19, 2010 4:54 PM To: Sara Adams Subject: Re: Destroying downtown Aspen( For The Mayor) Dear Mick and The City Council It just recently came to my attention that someone (some thing??) is trying to destroy even more of what's left of our little mountain town. The building that currently houses Kemo Sabe, and, below, has been home to so many unique bars and restaurants (how many people even remember the Blue Moose?) is in danger. I'm flabbergasted that this building hasn't been declared historical! I'm guessing the only answer is money. In a town that has hijacked many personal homes and told the owners what they can (but mostly CAN'T) do with them, I'm disgusted that folks with enough money can just scrape truly historical buildings (by your own definition of anything built prior to 1970, I believe) and erect monstrosities that have no place in what was once, a very quaint and endearing town. Fritz is frowning. Stop this. Janis Nark Sara Adams From: AspenBillie@aol.com Sent: Monday, April 19, 2010 1:37 PM To: Sara Adams Subject: Downtown Demolition MEMORANDUM TO: Hon. Mick Ireland and Aspen City Council FROM: Billie Pierce, 20 Year Resident I believe that the city council should call for a moratorium on any downtown demolition for the next year until we access what our problems and strengths are as a community. The fragile downtown businesses that will be affected are more of our concern right now than all the wealthy developers. Development can be looked at down the line, but right now we have to try to preserve everything we already have and help keep our present businesses viable. VII 1 ~ :~.~.. ~ ~,• *y .~.. .,.•~ ~~ l MEMORANDUM TO: Mayor & City Council THRU: Don Taylor, Finance Director FROM: Don Pergande, Budget Officer DATE: April 19th, 2010 RE: Second Reading: Adoption of Budget Supplemental -Ordinance No.~ (Series 2010) this item will be discussed on Monday, April 26`", 2010 Staff is requesting an amendment to the City's 2010 budget that increases the city-wide total expenditure appropriation from $91.7 to $112.8 million, (See Attachment A). Net of inter fund transfers, budget authority increases from $67.0 to $87.9 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: $501,900 See Attachment B Total Manager Savings: $326,130 See Attachment C Total Carry forward Savings: $2,358,860 See Attachment C Total 100% carry forwards: $17,005,090 See Attachment D Technical Adjustments: $901,170 See Attachment E Total Budget Requests: $21,093,150 See Attachment A TOTAL ORDINANCE: $112,825,840 See Attachment A Less Interfund Transfers $24,948,610 See Attachment F NET APPROPRIATIONS: $87,877,230 See Attachment A t 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 $501,900 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. L'~' • 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 $17,005,090. 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 $901,170. Technical adjustments include accounting transactions needed to administer decisions made by City Council, City policy, City programs, 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 Reauests 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, City policy, City programs, formal appropriations of previously approved projects and oversights in budget entry. The technical adjustments in this packet total $901,170. The details related to these adjustments can be found on attachment E of this packet. Second Readine Additions or Chanees -are hiehliehted in blue in the followine attachments Attachment B-New Requests The West End Traffic Reduction project impacts the General Fund, the Transportation Fund and the Parks and Open Space Capital Fund. The total project is estimated to cost $75,600. $29,800 is for the funding of West End traffic measures including Power Plant Road turning restrictions, stop sign installation and a public information campaign. $10,000 of the $29,800 is for overtime in the Police Department needed for enforcement of the turning restrictions and will be funded by the General Fund. The other $19,800 of the $29,800 will be funded from the Transportation Fund. The remaining $45,800 is for the funding of the installation of the sidewalk treatments at Hallam and Sleeker St. in 2010 and will be funded by the Parks and Open Space Capital Fund. These requests are needed to implement Council's decision from the April 5th work session. See the memo in the back this packet for additional details on this project. Attachment D -100% Carrv Forward Requests Asset Management Fund- The Engineering Department reevaluated the pedestrian safety improvement projects scheduled for completion in 2010 and determined that the current scope could be completed for $90,000 less than the current project budget. These funds are returned to the Asset Management Fund's (AMP) fund balance and are available for use in future AMP projects. Attachment E -Technical Adjustments Technical adjustments include accounting transactions needed to administer decisions made by City Council, City policy, City programs, formal appropriations of previously approved projects and oversights in budget entry. Housing Development Fund- To prevent an affordable housing unit from being lost from the affordable housing inventory, 127 Free Silver Court was purchased by the Housing Development Fund for $172,580. This unit was in foreclosure. This unit is schedule to be resold in 2010. The resale of the unit will fund this request. Employee Housing Fund- The Employee Housing Fund accounts for all City owned affordable housing units sales and repurchases. An employee left the City triggering the sale of this unit back to the City. The City purchased this unit for resale to another City of Aspen employee. This request of $407,360 is necessary to administer this City program. This repurchase is partially offset by the $236,160 received from the resale of this unit to another City of Aspen employee in March of 2010. ORDINANCE NO. ~© (Series of 2010) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $2,380,400, AN INCREASE IN THE GENERAL FUND OF $2,352,230, 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 $476,070, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $1,802,770, AN INCREASE IN THE KH)S 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 $1,424,330, 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 PARKNNG 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 $421,440, 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 yeaz 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 Council 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 separate, 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 a m E r U m Q ~ H T ~ rv W n g N N q T P y q q O d Q N O ~ ~O m m g q N A b O N N ryry n N O p vi N ti T N T y w n rv n m P yy T g 0 O N Oi p' n i° a G o v ~ ~ b .t r ' a m ° N m~ ti T N rv T O N E ° ~ T b rv m Ol e g m „ N N N N . ^ t n N N N H t rt e e ry m N N H H N K T N N N rn H N N N N N N N N N O y o n~< OOi m O N q O n O e q ~ T 9 YI b tpir O M ~, UU o n b^ b O C u i jp O O N ry~ w j N C M T y, N m N O C ~° p ~ tu` rv~ O O rv ni ~ ` e e q` ° m Q ° t~ E m rv N T N a m m~ m M w$ N ti m n o n h m m q °? ~ 6 b rv N N N H N h N N N N N N N N N N N N h N y M M 0 Q W N N N ~ N N N R O p O O~ O N O O p O O O p 0 0 0 0 0 0 0 0 O $ O O m O O N m O p N b ° ^ N r N yNj W Pq m T Ot N ry O O O ^ n y O O O N O N 1 ~ C O vrvi T N~ N rv T m ry e d n = s N q M p d T N m y ~ W y .y 0 0 O b N N N C a _ ` O OJ 4 V N N~ N N N N H N y N N N H N N N N W 6 ~ N 6 O O p m p 0 0 0 0 0 0 0 0 0 E 0 b O O s O O p P O OT O O O O p O b ~ O O O~~ hl O O m ~ ry 0 Q n t tU N n p T ~} Q p j N ^ e rv u ~ rv ° N n O T rv rv N rv N ~~ N N T N rv rv g O O n rv ~ r P q m W n N N T$ m m M M n m ti q N N M N ry j O V L N N N N N N N N N N N N N N N N N N N N µ V m o H N µ N N f W .y o O b O y O O O o O n N O N m m pp m ON O o T~~ T O T O A T m „ O y b m q W O b 0 n O „ T T p O N m rv . Q n N u n N rv ° ~ P q ~ e N N~ m ry ~ p ~ b ° y W O q V P m n M° M N M m W„ N qn , Q> N ry N K N N N N N N ry N N N N N N N N N N N N H N N 0 M O C '~ N N N N N O R uoi m q N O N O m N O m p ,Q T N< tort N O N N q O i° ^ N N N N T m u N O ` u i 4 N O ` ` q N N nj t0 rp ri ~ tp p m O H n N N N H N N N N y°~ ~~ N N N N N N e ~ u a N O W N O O O O P O O$ O p O p p O O O~ O O t O Oq ^ O O m g O rv O Y p q° ^ W r p W n g ti y O p P w°I r ~ O N e O N tw ~ ^'~ ° n rv W u ' N O nj ~ O M o vl b yj N rv N N a~ N d N ry` G N p` ^ d b N e N ` c w m .^° .t ~ °T °e N rv M c t m M m n a q q ~~ N 0 N N° N ^ w' N N N N N N N N N N N N N N rn rrt N ~ N N N V ~ N N N N N ° F ~ T ° rv m O N n m N g m p T m T m qq pp V o~ W O ti n m pp b r V b r C .~ t it 4 T ": < e. a ~: N q 0 N O ` P p m ` G h w C ~ 'I N ~ 1~ O h tO N ti N N f~ ~~ N N p t Tq ~ er p t N m Q m 0 rn ~ tp V~ OT1 OT1 ~ ti 4 N y n O O q e p N y P P 9 y ~ N N r N N N N N N N N N y~ N N N N N N N N h N y~ W LL N a e - ~ ~ a y C a s 9 W L . d LL ~ 7 ~ ~ ~` u ~ u d ~ a 1 ? u ~ Fo a 8 r o LL - a v N c LL ~ ' 9 , ~ u a .y ~ s ~ 2 ' o a o ~ ~ N 2 ~ ° ° b LL N o E E 9 a¢ a a t ~ LL a L a ^ °° - m m ~ e ' u E i ~ a A i LL ° a ~ LL ° ~ V u ` e ac °~ V L w F d o '., ~ y ~ S > A a d ° a a i Oa a E '.°-., >° ' ~ y t . w y y o D o c LL t 5 m w '° '" `e ~ x x 2' ^8 E 'o a x ~c? m' ° E t~ c LL l'1 ~ .° O~ o a .y, m '~ 'z O a ~ uyi '- ~ n ~ i W = i i i ~ a a ` O V C w E m o m E - y y u e - j am a m c m w 2 E ¢ ` 9 V u ~: E o g o NN .w. r a v c 3 ~ u o Q u°= ° . m o . j y i , . , ~ H 3 u U Q V' N N 6 3 V 1- x w Y N N O O VI V 6 N 2 6 V' 1`- ~ N W ~i ~ w w N x~ N e ~ Z City of Aspen Attachment B 2009 Supplemental Budget New Funding Requests All Requests are one-time unless otherwise noted. Department /Fund New Request Descrlotion Amount Subtotal by Deot. . _; , .. , ~GeieraJ Fund . !' ~. :,. '"~ „ ~ '' ; ~ , 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 $3,000 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 Ciry 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 by co-sponsors contributions. 001.13.47501.82900 Additional Funds are requested to complete the AACP project and to continue $4,740 hosting the www.aspentommunityvision.com website through 2010. See memo for details. Subtotal, Planning $15,730 Building 001.21.21100.80012 Employee retirement payout- per City of Aspen policies $26,000 001.21.23000.83* This request is to support the building code board of appeals and public process in $2,500 adoption of the 2009 international codes. This is a joint project that the Ciry and County will work on together. See memo for details. Subtotal, Building $28,500 Police 001.31.31200.80040 This request is for additional overtime required to regulate the Power Plant Road '~~$10,000 turning restrictions for the West End Traffic Reduction project. This request is a result of a Council decision made during a April 5th work session. See memo in the back this packet for additional details on this project. ;, ~ Subtotal, Police $10,000 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, [he 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 $71,730 WI.LeetetJ9ytd ': ~ ri . a v ......:. ..; i _ !i t ~' ~ {n ......... ...r :. .. i _ ... .~i ......... .. .~v..~n m.,.~agve~~ 120.94.xxxxx.* Ho[ water heaters- See memo for details $17,000 120.94.xxxxx.' Passive cooling 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 $151,500 Att B. New Requests Page 1 City of Aspen Attachment B 2009 Supplemental Budget New Funding Requests All Requests are one-time unless otherwise noted. Department /Fund New Reouest Description Amount Subtotal by Dept. TransportatiorrF'und ~ °' <` ~__.. ! .: ~r L~,,,;,; s.,~......_u....._ _ _ ~ '~ `.~ ., . __ .__..,. ~ .,.. , tt,y ? ... .. . 141.34.34000.82180 This request is for the funding of West End traffic measures described in the ~ °1kd'€yvyu$~ attached memo including Power Plant Road turning restrictions, stop sign i3i5:2 installation and a public information campaign. Council reviewed this request in ~=~`~ the April Sth work session. ~~' Subtotal, Transportation Fund:~m~~ _ ~ ~~ $19,800 340.94.xxxxx.88299 This request is for the funding of the installation of the sidewalk treatments at Hallam and Bleeker St. in 2010. The side walk treatments are part of the West End Traffic Reduction project. This request is a needed to implement the Council decision from the April 5th work session. See memo in the back this packet for additional details on this project. Subtotal, Parks and Open Space Capital Fund 444.94.xxxxx.* The contract for 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 $126730 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 transferfrom the Water Fund's fund balance. See the memo at the back of this pocket for addi[ionpl details on the above requests. Subtotal. Renewable Enerev Fund $126,730 OO0.11.xxxxx.88299 Electronic time keeping acquisition and implementation. This was approved by $86,340 Council at the Mprch 22, 2010 work session. This project is 100% funded with the Finance departmental savings. See memo for details Subtotal, Asset Management Plan Fund $86,340 Total New Requests All Funds: $501,900 $501,900 Total New Requests After Offsetting Funding Source: $415,210 * Italics Indicates offsetting funding source An B. New Requests Page Z Attachment C City of Aspen 2010 Supplemental Budget Request 10% and SO% Carryforward Requests Department Council City Manager Human Resources/Risk City Clerk Finance Planning Engineering Building Environmental Health Central Savings "10%" $259,920 Ooeratine Budget Savings "SO%" $10,010 $69,640 $69,620 $86,840 $118,260 $11,830 $141,220 $6,200 $5,150 $381,200 $26,640 $311,450 $55,200 $13,110 Police Records Streets GIS and Information Technology Special Events General Fund Subtotal Departmental5avings $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 Departmental5avings $66,210 $1,052,490 Total Savings $326,130 $2,358,860 Clty of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100%Carry Forward Appropriation Request 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%offset by air mitigation fees $18,820 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 Streeu 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 Suhtotal, Information Technology $18,070 Speclal 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 $6,120 Aspen Recreation Center 001.72.72000.83625 Workstation Replacement $11,450 001.72.72000.83655 PC Replacement $4,340 001.72.72700.83fi26 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 Parks antl Open Space Fund . _ ~ ! _ , ~ ~ ~ ' ' ~ ~ °' '' 100.55.55000.83625 Workstation Replacement $4,140 100.55.55000.83655 PC Replacement $2,440 Subtotal, Parks and Open Space Fund $6,580 WbeeYetOpera HOUe Fund ;. ~ : i ;~ ~ ~':', '! -' i : _ 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 ; TransportattoriEund ; % ;: 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 CMAO-Car share Program $10,000 141.34.34000.82140 CMAO-Rideshare Matching System $6,000 141.34.34000.82180 Power Plant Road Restrictions and ETA Analysis $20,000 141.94.81141.86000 CMAQ Project-5163,000 is offset by grant funding $194,000 141.94.83055.86000 Ruby Park Facility Improvements $31,870 Subtotal, Transportation Fund $322,490 Housing Devefgpmelt Fund ., . , . '' - .. , 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 Clty Of A6pen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100% Carry Forward Appropriation Request Subtotal by Department /Fund Description Amount Department 150.94.94138.86000 910 West Hallam St. # 11 $82,220 Subtotal, Housing Development Fund $1,630,190 lOds:FlrstFtl}td ~ ~ ~ , ;. 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 RCX Automation-McKins[ry-$13,260 is offse[by grant $iJ, 650 funding 152.94.94208.86000 Yellow Brick Lighting-McKins[ry-100%offset by grant $6,740 funding Subtotal, Kids First Fund $163,270 StocmwaterFund' '~" ' `' _ ~ ... 160.42.16300.83625 Workstation Replacement $180 160.42.16300.83655 PC Replacement $370 160.94.81116.86000 Drainage Criteria Manual $14,110 160.94.81115.86000 Rio Grande Park Redesign $67,320 160.94.82051.86000 Mill Street Pipe Extension-Jenny Adair $300,000 Subtotal, Stormwater Fund $381,980 Parki and ripen 5jace Wp~tal Fund ' ~ ~ ? - 340.94.81096.86000 TrianglePark $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 Joe Trail $49,500 340.94.81161.86000 Lot C Neighborhood Park $16,290 340.94.82004.86000 Ped Trail Development $7,040 340.94.82006.86000 Nordic Trail Development $8,220 340.94.82008.86000 Miscellaneous Trail Overlays $13,570 340.94.82099.86000 Smuggler Mountain Reclamation and Restoration -This $175,000 request includes a June 2009 Council approved scope change to this project. 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 offset by rebate revenue $12,670 Subtotal, Parks and Open Space Capital Fund $1,378,530 ....m__l. ._ 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 $20,000 421.94.44114.88299 Leonard Thomas Reservoir $18,000 421.94.44202.88299 Hunter Creek Plant $2,270 Clty Of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100%Carry Forward Appropri ation Request Subtotal by Department /Fund Description Amount Department 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 ojjset by rebate revenue $18,160 421.94.94210. 88299 Low Profile Tank Covers-MCKinstry $538,500 Subtotal, Water Utility $2,717,370 431.45.45000. 83625 Workstation Replacement $1,440 431.45.45000. 83635 Equipment Maintenance and Repair $4,320 431.45.45000. 83655 PC Replacement $2,940 431.94.44413. 88299 Utility Business Plan $2,300 431.94.46103 .88299 Distribution/Electric Building $11,280 431.94.46203 .88299 Golf Course East Distribution System $629,680 431.94.46206. 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 Global Worming Projects -100% Reimbursed by CORE $195,490 431.94.81165. 88299 Employee On Call Housing $180,000 431.94.94211. 86000 Lighting/Audit-MCKinstry $38,720 Subtotal, Electric Utility $1,605,710 Renewabl4 Energy Fund %~ - s .., a `; ,~ ! 444.94.43503. 86000 System Telemetry $10,000 444.94.43504. 86000 Ruedi Maintenance $173,160 444.94.43505. 86000 Ruedi Site Improvements $33,590 444.94.43560. 86000 Maroon Creek Hydroelectric Facility $63,490 444.94.43570. 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 $44,610 444.94.43576. 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 Clty Of ASpen All Requests are one-time ATTACHMENT D 2010 Supplemental Budget 100%Carry Forward Appropri ation Request Subtotal by Department /Fund Description Amount Department Yar[iing Fund .~ .~ , . ~a . _.. ..~ ...... ,..; t _ ~~ . __ . :, ~....m .._ _ ~ ~~` ,.:. ~ , 451.32.32000.83625 Workstation Replacement $16,490 451.32.32000.83635 Equipment Maintenance and Repair $36,360 451.32.32000.83655 PC Replacement $15,090 451.32.54000.83635 Equipment Maintenance and Repair $89,240 451.94.81153.88299 Plaza Replacement $42,640 451.94.94212.88299 Lighting-MCKinstry $56,390 Subtotal, Parking Fund $256,210 Goff Course Fumt" ; __ _ ,'~' :~. ~+`.; 471.7373000.83625 Workstation Replacement $1,260 471.73.73000.83655 PC Replacement $1,480 471.73.73400.' Golf Shop Operations Start Up Costs $63,130 471.94.83005.86000 Fleet $55,960 471.94.94161.86000 Golf Start Up Equipment $9,130 471.94.94218.86000 Lighting/Vending Misers-MCKinstry-$1,510 is offset 54,040 by rebate revenue Subtotal, Golf Course Fund 5335.000 491.01.45044.83625 Workstation Rep 491.01.45044.83655 PC Replacement $2,780 $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 Effciency 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 ~Mar6ltHOUStog-fund . - .. .. .: ........ .:' ~ ~' .., - " , i :. .. ~ .. .... . F? .... -_ a ..m.~.:.. ... .: ... .... ....... - s : 492.01.45043.83625 workstation Replacement $1,630 492.01.45043.83655 PC Replacement $2,970 Subtotal, Marolt Housing Fund $4,600 fmployec Rousmg~FUnd ~ ?' i 505.94.81132 86000 Marolt House Renovation $1,660 505.94.82054.86000 City Housing / AABC $8,420 505.94.82132.86000 water Place Furnace $4,000 Subtotal, Employee Housing Fund $14,080 ~HOU3ing Adm~aistraUan Eund :, " ' ~~~ ~~~ " 620.2345002.83625 "" Workstation Replacement $7,440 _._. 620.23.45002.83655 PC Replacement $2,960 Subtotal, Housing Administratton Fund $10,400 SmdggterHobsing Fund „ ..; ., ,'; :; 'i ;. . ';' 622.9481191.86000 Radon Remediation $5,000 Fund 000.07.82134.86000 Scanner FOr Optical Imaging System $10,000 000.15.81197.86000 Main Street Streetscape $53,350 000.15.82002.86000 Ped Safety Improvements 000.15.82022.86000 Survey Monuments 000.15.83075.86000 Bridge Replacement Program 000.31.31200.86000 Patrol Room Retrofit 000.41.81090.86000 Effciency Measures 000.41.81140.86000 Paint Gun 000.41.82003.86000 Street Improvements 000.41.83005.86000 Flee[ $5,000 City Of Aspen All Requests are one-time ATTACHMENT D 2010 Supplemental Budge[ 100%Carry Forward Appropri ation Request Subtotal by Department /Fund Description Amount Department 000.41.94194.86000 Lighting Streets-McKinstry-$1,410 is offse[by rebate $32,990 revenue 000.41.94200.86000 Windows S[ree[s-MCKinstry $50,840 000.61.81152.86000 Web Development $6,490 000.61.81170.86000 Core Network-County 100% Reimbursement $84,460 000.61.81171.86000 Web Developmen[-County100%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-Projec[was lease $6,740 financed; these lease payments are 100% offset by utility savings realized by this project. 000.72.94186.86000 VDFS On Pool Pumps -McKinstry - $9,000 of the project $92,29D 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 Repainting/ Brick Repair $1,480 000.91.94144.86000 Animal Shelter Snow fence $2,510 000.91.94173.86000 Lighting -McKinstry- Project was leasefnanced; these $53,070 lease payments are 100% offset by u[iliry savings realized by this project. 000.91.94181.86000 Vending Misers -McKinstry- Project was lease financed; $430 these lease payments are 100% offset by utility savings realized by this project. 000.91.94183.86000 Programmable Thermostats-MCKinstry-Projec[was $2,830 lease financed; these lease payments are 100% offset by utility savings realized by this project. Subtotal, Asset Management Plan Fund $2,294,060 Total 100 %Carry forward Supplemental Requests $17,005,090 To[a11O0 %Carry forward Supplemental Requests: After Funding Source $16,061,270 `Italics indicates offsetting funding source City Of Aspen 2010 Technical Adjustments Department/Fund Technical Adjustment Description Attachment E Amoum Subtotal _ __„ :, :: .6eneral ~ueid,°~, l.'',. {."°'..... .,i: ...._ :j ...... >i: '' 4..,,, ..ac ,.,._ 001.9S.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 projeR 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 519,520 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 Department's 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 $141,630 Forks aniliQpep,$pac@ Find .:. .. _. _. ~ ~'. SOO.S5.55000.88901 Transfer to Central Savings $3,010 100.95.31055.95250 This adjustment is a result of the refunding of [he 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 1$27.8801 120.93.93000.88901 Transfer to Central Savings 120.93.zzzzz.` The 2010 W heeler Opera House operational expenses were adopted with assumptions for a Wheeler expansion. Given the delay in that decision, the W heeler 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 Ciry departments in development of their operational budgets. 141.34.34000.88901 Transfer to Central5avings Subtotal, Transportation Fund Houair~;tkpvefaPtnent?Eu_'rM ... .,' . ' _ ...; 150.81.88001.82908 Purchase of 127 Free Silver Courtin 2010. This unit was in foreclosure. This prevented the loss of the this unit from the affordable housing inventory. This unit will be resold this year. $61,760 Subtotal, Housing Development Fund $172,580 152.24.24000.88901 Transfer to Central Savings $5,960 Subtotal. Kids First Fund 55.960 250.98.31055.89610 X89630 This adjustment is a result of the refunding of [he 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 5444,000 Subtotal, Debt Service Fund ($30,890) City Of Aspen 2010 Technical Adjustments Amount 421.43.43000.88901 Transfer to Central Savings $13,200 421.95.43573.95444 The contract for the purchase, installation of all materials, $126,730 as well as all cons[ruttion 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 contratt 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 431.45.45000.88901 Transfer to Central Savings Attachment E Subtotal Subtotal, Electric Fund $11,680 451.32.32000.88901 Transfer to Central Savings $18,730 Subtotal, Parking Fund $18,730 Tnuswtt HOUSftrgFimd, '.. .,.. ...._: ~ .. ' € .. ~_.._:...~~.._ .. '.~ -: ..,. _ .'. 491.xx.xxxxx.80012 Staff is not requesting any additional payroll, only that the $30,010 payroll in 2010 be re-allocated to reflett how current staff time is spent. This request will change staff allocation of staff time between properties to Netter reflect the costs of operations. See memo for additional details. 491.98.31058.89610189630 This adjustment isa result of the refunding of the General j532,320) Obligation Housing Refunding Bonds. The net savings to the Truscott Housing Fund over the life of the bond is about $440,000 Subtotal, Truscott Housing Fund IS2.3301 492.xx.zzzzz.80012 Staff is not requesting any additional payroll, only that the 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 Staff is not requesting any additional payroll, only that the payroll in 2010 be re-allocated to reflett how current staff time is spent. This request will change staff allocation of staff time between properties to better reflett the costs of operations. See memofor additional details. 501.51.50151.84000 Additional employees signed up for the high deductible health insurance plan over the estimated number of employees. The result was an additional $19,000 in contributions to the health saving accounts. This adjustment reconciles the 2010 budget and expense. Subtotal, Internal Health Insurance fund 505.81.46501.82908 This accounting[ransattionisnecessarytoadministerthe '_'-$dr#7,3G9.€. City of Aspen affordable housing program for City staff ...:' ~ I The repurchase of this unit is partially offset by the - t;~, ~.. $236,160 received from the resale of this unit to another City of Aspen employee in March of 2010. Subtotal, Employee Housing Fund ~ $407,360 Total Technical Adjustment All Funds: $901,170 Attachement F B; ; 2d1 67NLERFMlN13 tRAN~FERS- ; ~ .. `t, k '~ s_ .LL , ... . . _..,.. w,~ ,; ..__..... .. , ; .. ,.;,; _.m_~..... , .__._.__: TransferFrom Transfer TO TransferAmount Purpose of lnterfund Transfer 900=ASSMMdnd(CUKEMRYiafaistil: ' ~ :; .::. r ~' 'i. .. . : . ... .~.,; ., .. 00_0._00. Trazportation Fund . r~„ .,--,: .. $566,810 , .. .:_ ~~. ..su.... _____...... . Hybrid Bus Purchase-TABOR Funds Parking Fund $40,000 Plaza Repair ProleR Wheeler Operz House Fund $88,490 Red Brick West End Project IOYr IF Loan Wheeler Opera House Fund $25,450 19985tree[ Improvements lOVr IF Loan Debt Service Fund 93440 Series 2005-STRR-AMP'S Portion Subtotal, Transfers - $814,190 r- , ..: 901-General Fund ~ : ~ ,...... ... ~ ~ ~ p . ' : _ :__ __. AMP Fund $86,340 Electronic Time Keeping-Dept. Savings Parks and Open Space Fund $56,9]0 Partial Subsidy of FOOd Tax Refund Employee Housing Fund 120000 City of Aspen Affordable Housing Subtotal, Transfers $263,310 100-P4t3~SendflP4ikSd4le FyM ,,-..,, ~~ _ ~ ::. ~: " . 'ip General Fund $3,010 Central savings Parks and Open Space Capital Fund $1,004,380 Capital Proje<[s Deb[Service Fund $840,900 Parks 20060pen Space Bonds Debt Service Fund $822,250 20015ales Tax Revenue BOndz Deb[9ervice Fund $948,]00 Series 2006-STRR-Park's Portion Golf Course Fund $140,400 Series 2005-STRR-Galf's Portion General Fund $928,]40 Overhead Payment Parking Fund $40,000 Plata Repair PrpjeR Employee Housing Fund 65260 City of Aspen Affordable Housing Subtotal, Transfers $4,]93,640 litl=Wheekrbpete,Nmse Fpnd '?,,` .. ... _; `: ::- - ,.~ General Fund $5,880 Central Savings Employee Housing Fund $38,1]0 Ci[y of Aspen Affordable Housing General Fund 344990 Overhead Payment Subtotal, Transfers $389,040 , Sai-Treoiyaradogfund ... ... - .. .. General Fund $],]90 Central Savings Employee Housing Fund $4,000 City of Aspen Affordable Housing General Fund $90,160 Use Tax Positions General Fund 156 000 Overhead Payment Subtotal, Transfers $25],910 159-HOnsin¢RepelatSmenF FUrtd _ .. V _ _ , . ~ Housing Administration Fund 5198,880 Operations Subsidy (60%of [o[al) General Fund $394,1]0 Overhead PaVmenl Truscott Housing Fund $]42,620 Truscott I, 2001 Housing Bonds Subsidy Parks and Open Space Fund $14,2]0 Percentage of FOOd Tax Refund Wheeler Opera HOUSe Fund 5]03130 BMC Wezt-IF Loan Subtotal, Transfers $],053,W0 151.rEirfy fJrddhbod FdpeMlOd,~Wld ... _. ~i;.. . _... .. ~'~ .: __ .a .u,..... . , .. Kids First Fund 212]0 Administration Services Subt t I, Transfers $21,2]0 151ISf&FkF4luRd .{ .-, _,.. ........ .. ~ .. General Fund $5,960 Central Savings General Fund $118,490 Overhead Payment Employee Housing Fund $17,440 City of AZpen Affordable Housing Parks and Open Space Fund 16280 Percentage of FOOd Tax Refund Subtotal, Transfers $158,1]0 160.SI[srmwaSerFUrW .......... -~ ..'_ ..... ua ~ r_ .' ... .. _ _.... ~ ~.... %° ... General Fund 5132,500 Overhead Payment Employee Housing Fund 9690 City of Aspen Affordable Housing Subtotal, Transfers $Ia2,190 Attachement F Transfer From Transfer TO Transfer Amount Puroose of interfund Tronshr A21-Wafer Utl6ty fundj;,,,,,, ,, ~.'_ .. _ j _ '. "; ..: General FUnd $13,200 Central Savings Renewable Energy Fund $126,730 Fund Capital Project Number 435]3 General Fund $628,430 Overhead Payment General Fund $1,000,000 Operations Facilities land Employee Housing Fund $65,900 Cny of Aspen Affordable Housing Parks and Open Space FUnd 150000 Water Usage Conservation Program Subtotal, Transfers $1,984,260 432. F.(ectrlc LROIN Fund :: ' .. :? : .. ~ .. .. General FUnd $11,680 Central Savings Renewable Energy Fund $422,420 Purchase of HVdroeleRric Power Renewable Energy Fund $133,320 Purchase of Hydroelectric Power General FUnd $24],220 Overhead Payment Water U[ili[y FUnd $298,490 Electric U[ili[y portion of U[ili[y 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 Carbon Emission Reduction Tags Employee Housing FUnd $16,920 CI[y of Aspen Affordable Housing General FUnd 442 360 Franchise Fee Subtotal, Transfers $2,223,850 444•RSnaura6le FnergyFUn6 :~`.: General FUnd $52,180 Overhead Payment Employee Housing Fund 6110 Ci[y of Aspen Affordable Housing Subtotal, Transfers _,$58,290 ,, 451 RPtrWM FUnd +.' ,.•, "R `,:. General Fund $18,730 Central5avings General Fund $3]2,]90 Overhead Payment Employee Housing FUnd $31,810 Ci[y of Aspen Affordable Housing Transportation FUnd 0000 Transportation Fond Subsidy Submtal, Transfers $863,330 477-OoHEOUne FUnd _ General Fund $151,200 Overhead Payment Parks and Open Space FUnd $24,660 Repayment of Golf Start Up Funding-IF loan Employee Housing FUnd 14200 City of Aspen Affordable Housing Subtotal, Transfers $190,060 491.. Tfuscoth Hau4ing Fnnd Housing Administration Fund $51,240 Overhead Payment General FUnd $54,210 Overhead Payment Employee Housing FUnd 4]80 City of Aspen Affordable Housing Subtotal, Transfers $110,230 492-Marok Hpnsfrrg Fund ._.. . General Fund $54,390 Overhead Payment Housing Administration FUnd $58,820 Overhead Payment Employee Housing FUnd 5060 Ci[y o/Aspen Affordable Housing Subtotal, Transfers $118,220 ... ... .... 505-Emphpee Hau9rrrjFF9iW ~ ~.. .. .. . ,. Housing Development FUnd 2300000 Pre-Purchase of Units a[BUrlingame Subtotal, Transfers $2,300,000 620-Nauslrq AdminfrtaRon Wrld General FUnd 84650 Overhead Payment Subtotal Transfers $84,650 622-Smu8{Ier HOUNng!FUnd ~ ~ "" ~ ~ , Housing Administration Fund $2,950 Overhead Payment General Fund 18840 Overhead Payment Subtotal. Transfers 521.790 Subtotal, Transfers Employee Health Insurance Premiums 2010 TOTALINTERFUND TRANSFERS $24,948,610 T~ CrrY of As~v Back Up Documentation For: Second Reading Memos MEMORANDUM TO: Mayor and City Council FROM: John Krueger, Lynn Rumbaugh -Transportation Tricia Aragon and Tyler Christoff -Engineering Richard Pryor -Police Jeff Woods, Scott Chism -Parks Jerry Nye -Streets RE: Supplemental Budget Request -West End Traffic Reduction DATE: April 23, 2010 MEETING DATE: April 26, 2010 SUMMARY AND REQUEST OF CITY COUNCIL As a follow up to an April 5 work session, staff is returning to Council with a supplemental budget request measures to be implemented in the West End neighborhood this summer. PREVIOUS COUNCIL ACTION • In 2005 and 2006, a variety of measures were put in place to improve traffic flow and transit competitiveness as part of the S-Curves Task Force project including the construction of the Main Street bus lane, installation of closures at Bleeker, Hallam and the alley in between, and the seasonal closure of North 7`" Street. This process also included a peak hour No Left Tz~rn restriction from Cemetery Lane onto Hwy 82. • In June 2009, Council approved a peak summer no left turn restriction on Power Plant Road. This experiment was cancelled prior to implementation due to traffic decreases during the recession and construction projects planned on Power Plant. BACKGROUND In February and April of 2010, Council met with staff and directed that a variety of measures be put in place to discourage cut-through traffic in the West End including • addition of stop signs • analysis of a 20mph speed limit throughout town • sidewalk installations at Hallam and Bleeker termination points • closure of Power Plant Road during summer construction • no lefr turns from Power Plant Road to Cemetery Lane, 3-6pm on weekdays Lll`Yfl~b~9[~L` The paragraphs below provide more information on the measures approved by Council at the April 5 work session. 1. Parking Enforcement and Driveway Protection Kits Council directed staff to continue distribution of driveway protection kits to West End residents upon request. Council also directed staff to continue with increased West End parking enforcement during the summer months. These measures will be in place for the summer season. No supplemental funds are needed. 2. Elimination of Snow Removal Signs At the February work session, Council directed staff to eliminate snow removal signs in the West End as that program is no longer in place. This work has been completed. No supplemental funds are needed. 3. Additional stop signs Six stop signs are currently in place on Smuggler Street, between ls` and 8`s. Additional stop signs were installed per Council's direction on April 13. The budget for this project is $300. A supplemental request is attached. 4. 20-MPH Speed Limit Council has requested that staff return with analysis and a recommendation for reducing speed limits in Aspen to 20mph unless otherwise posted. This analysis will be presented at a later date. No supplemental funds are needed at this time. 5. Improved Closures at Hallam and Sleeker Streets At the Apri15 work session, Council directed staff to move forward with the installation of sidewalk treatments at Hallam and Sleeker, replacing existing bollards. The budget for this project is $45,793.00. A supplemental budget request for this project is attached. 6. Power Plant Road Turning Restrictions Council has directed staff to close Power Plant Road to through traffic during upcoming construction projects that will impact the road. In addition, Council has requested the Power Plant Road be closed to left hand toms (onto Cemetery Lane) on weekdays between 3pm-6pm. This turning restriction will be in place from June 28 through August 27. The budget for this project is $22,500.00. A supplemental budget request is attached. 7. Stay on Main Public Information Council has requested that staff promote a Stay on Main message throughout the summer. The message will include information about Power Plant Road fuming restrictions. At the April 5 work session, Council requested that Power Plant Road also be closed completely (local traffic only) during construction. Because the construction season will likely be longer than the June 28-August 27 turning restriction schedule, staff has increased the budget for public information to provide for continued advertising of construction closures. The budget for this project is $7,000.00. A supplemental budget request is attached. FINANCIAL IMPACT The Departments involved in the requested projects do not have 2010 funds available for the approved projects and are requesting supplemental funding in the amount of $75,593.00 from City Council. Item Budget Additional Stop Signs $ 300.00 Sidewalk Installation $45,793.00 Power Plant Road Turning Restriction $22,500.00 Public Information (Stay on Main) $ 7,000.00 TOTAL $75,593.00 ENVIRONMENTAL IMPACT The above measures are not expected to reduce traffic or the associated environmental impacts, but could possibly change travel patterns and/or speeds. RECOMMENDED ACTION Staff recommends that Council approve a supplemental appropriation of $75,593.00 to implement the measures discussed above. 4 THE CITY OF ASPEN Back Up Documentation For: First Reading Memos MEMORANDUM TO: Mayor and City Council FROM: Jim Harmon, Controller THRU: Don Taylor, Finance Director Steve Barwick, City Manager DATE OF MEMO: March 10, 2010 MEETING DATE: IVlarch 22, 2010 RE: 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 software 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 software. ~,~; . BACKGROUND: 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 prepared, 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 fast 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 of3 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 informafion. 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 nearly 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 dohe electronically or via export to other programs, such as Excel. FINANCIALBUDGET IMPACTS: Finance will fund this proj ect 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:: Subsequent: yeazs „yvill be at approximately $5,500 per year. ` ENVII2ONMENTAL IlVIPACTS: 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 Incoxportated setting forth the terms and conditions regazding electronic timekeeping and scheduling softwaze including appropriate hazdware and authorizing the City Manager to execute said contract. CTTY 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: Apri12, 2010 REQUEST OF COUNCIL: Staff is requesting the following budget items for the 2010 budget year: Plannine Department; $23,100 /Aspen Grove Preservation Plan -The Aspen Grove Preservation Plan was awarded a grant from the State with a total proj ect cost of $71,602, half of t}te funds are to be reimbtnsed 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 200? for 36,500 and need to request additional funds of 23,100 to complete the project. _ ~'~ $7,000 /Historic Preservation/Context Papers -Following the completion ofthe~HisfiSric Preservation Task Force report, Council directed Community Development staff to undertake revisions to existing historic context papers (Chalet, Rustic and Modern), and to seek qualified architectural historians to complete additional research and consideration of Pan Abode, Wrightlan and Modern Chalet architecttue. At a March 2, 2010 worksession, staff informed Council that the expected budget for the project is $7,000. Council indicated that the work skould begin. The Pan Abode paper will be undertaken by TEC, a consuttant firm located in Golden, which has extensive experience in addressing ZOth century historic resources in Colorado and around the country. The Wrightian and Modern Chalet bttildmgs will be addressed by Dr. Margazet Suplee Smith, an architectural history and historic preservation professor at Wake Forest University who has focused her academic research on Modern azchitecture 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 markers that can be installed on local landmarks throughout town. Generally, these must be purchased by"the property owner. The Welgos family, owners of the fast voluntarily designated post-war 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 pazticipate in their Modernism + Recent Past Program (M+RP), an iiritiative begun in 2008 to galvanize and s<ipport efforts across the nation to preserve and rehabilitate 20th century buildings. The Trust is designing a series of Modem Modnles, paztially funded 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 Tune or Juty. Community Development feels that the Trust's recognition of our historic preservation efforts is a significant honor. National Trust staff will take the Iead 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, acflvists, arts and cultural 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 being some resolution to the questions sunoundinggost-Victorian preservation in Aspen. This is a huge deal for Aspen. We were selected as the City to represent the "MountainlPlains" 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 Modem 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. ~"b9 ru ~ZrG9C /Historic PreservationlOntreachlMovie - On March 1st, Community Development hosted a free screening of a recent documentary entitled "Infinite Space, The Architechue of John Lautner:' Amongst the many avant-garde buildings Joliri ~,autner designed. dUxin~ his SO year career was the 1982 Turner house, here in Aspen, visible from the roundabiiuY. 1"he Turner house is featured in the film, and after the screening a Q&A was held with BiIl Poss, and members of his firm who acted as the local architects for this building, along with the currern 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. Wereceived co-sponsorships totaling $350. • $17,215 / AACP - Staff is regnesting that the remaining amount in the 2009 AACP budget of $12,473 'be cazxied 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. Bnildine Deuartment: • $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 xetirement 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, ,f ,. ^' rl e... -. .. ~y MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jessica Gan-ow, Long Range Planner RE: Supplemental Request: Aspen Area Community Plan Update DATE: 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: 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 #o 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 P&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 organiza~ipn and facilitation. ^ Formatting the final document in professorial desigfl 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. 0 Staff is requesting a supplemental of $1,000 to continue the website (www.asoencommunitwision.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. {. _ z MEMORANDUM TO• FROM: THRU: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council Nancy Lesley, Director of Special Events and Marketing Jeff Woods, Manager, Parks and Recreation March 7, 2010 Supplemental Request REQUEST OF COUNCIL: Staff is requesting funds to increase the mazketing 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 duected 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 maketing of the Criterium weekend, Aspen Triathlon and the Golden Leaf. RECOMMENDED ACTION: Staff is requesting the additional funds of $12,000 for maketing of special events. ALTERNATIVES: If Council does not approve the additional funding, staff will continue to advertise these events more locally. MEMORANDUM TO: Mayor Ireland and Council FROM: Wheeler Executive Director Gram Slaton T}tRU: Assistant City Manager Randy Ready DATE OF MEMO: 23 March 2010 RE: 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 pendirig 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 a€least-the.next ktq~.years.(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 setup to use one central water heater that must run continuously. Smaller, as-needed systems will guarantee hot waterfor 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 an overly-convoluted system to get to the user. 2. Passive cooling array for the Chill Water system * $35,000.00 (Labor: $11,700 Materials: $23,300) This project would require the construction of a passive radiator array that would cool the chill water far 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. S. 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 orderto 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) ?, r; $165,900.00 Per Assistant City Manager, Randy Ready, the Wheeler need" td carry foeward t€iis 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 #5 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 ofthe 2001 budgeting initiative. CITY MANAGER r _. ~' t .. .- n. _,~,,.a . r. MEMORANDUM TO: Mayor and City Council FROM: Rob Covington, Raw Water Hydroelectric Supervisor THRU: Phil Overeynder, Utilities & Environmental Initiaflves 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 award to Western 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 akeady 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 forthe re-construction of the drain/Penstock and intak~'stYuctures.~~- •.--<.~-= --• 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 Leonard 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. Ctiurently; 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 potenflal for millions of dollars 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 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 aze 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 IlVIPACTS: The cost of the installation for this project is $2,326,726. The rmhal budgeted amount for this labor was $2,200,000 and this bid exceeds the estimated cost by ~126,'jsZS ~pproztiafely S°(~~ngTierf~~lea~Ly est~ul~~l. 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 m water carry forward funds from 2009 that will not be required for future expenditures ~~ 5~em,€th`at~txrth Elie cTfntulgeue~' dns~'s~a~arr,~;g~t fads {ha~tlxe=J$1Z~z~,~6, is t~~11~yt.~gi pe fof.~us pow o`tl~e~r~e~~ 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 @ 1.8791bs 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 ciry'~uould risk damage to.properties downstream of the Thomas Reservoir along the unmitigated overflow patli This caulci~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.ProposaUBid Pege 2 of 2 MEMORANDUM TO: Mayor and City Council FROM: Tom McCabe, Executive Director, Honsing TABU: Barry Crook DATE OF MENIO: 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 AspenlPitkin 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 Apartrnents and Truscott Phase 11). 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 aze approved by the APCHA Boazd of Directors. At the beginning of 2010, staff reviewed the payroll allocations ~o,the, five,.~ental 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 requestng any addiflonal 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 charge a specific percentage to each of the properties managed by APCHA -Aspen Country Inn, Marolt, Smuggler Mountain Apartments, Tmscott Phase I and Truscott Phase II. In 2010, staff readdressed the percentages and are 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: PropertX Previous Chanee 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 lI. Truscott Phase I $30,012 Mazolt ($8,018) Housing Operations* ($21 994) *Includes both Housing Operations and Truscott Phase II Payroll Reallocation FINANCIALBUDGET IMPACTS: There is a positive financta~impact to_:~he~Cit~ with the requested payroll reallocafion as the Mazolt and Housing Operations payrolls 'are being decreased. ENVIRONMENTAL IMPACTS: There are no environmental impacts. RECOMMENDED ACTION: Approval of the reallocation of the payroll budget as stated on the attached spreadsheets. ALTERNATIVES: There aze 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 CITY MANAGER COMMENTS: ATTACHMENTS: • SupplementadRequestForms ., .. Page 3 of 3 ~XB. TERMS AND CONDITIONS OF EMPLOYMENT This Employment Agreement ("Agreement") is made and entered into at Aspen, Colorado this 26th day of April, 2010 by and between the City of Aspen, a Colorado municipal corporation ("City") and Steve Barwick ("Barwick"). Recitals WHEREAS, the City is a home rule municipal corporation organized and existing pursuant to the Colorado Constitution; and WHEREAS, the electors of the City have adopted the City of Aspen Home Rule Charter ("Charter"): and WHEREAS, Section 1.3 of the Charter provides that the City government is to be a "Council-Manager" form of government; and WHEREAS, Steve Barwick was employed by the City on November 22, 1999, as its City Manager: and, WHEREAS, the City Council of the City of Aspen ("City Council"), acting for and on behalf of the City, desires to continue to employ Steve Barwick as the City Manager pursuant to Sections 6.1 of the Charter; and WHEREAS, the City Council finds that most municipalities of compazable size have a contract and severance agreement with their City Manager, that Barwick has worked for 10 years without such contract and that this agreement is compazable in pay and benefits to similaz positions in major resort communities; and, WHEREAS, the City Council desires to: (i) provide certain inducements for Bazwick to remain as the City Manager; (ii) make possible full work productivity by assuring Barwick's morale and peace of mind with respect to future job security; and (iii) provide a fair, equitable and agreed means for terminating Barwick's services at such time as he may be unable to fully dischazge his duties or when the City Council may desire to otherwise terminate his employment pursuant to Section 6.4 of the Charter; and WHEREAS, Barwick desires to continue employment as City Manager, all in accordance with, and subject to, the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Appointment of City Manager; Duties: City hereby employs Barwick as the City Manager of the City of Aspen to perform the functions and duties specified in the Charter and ordinances of the City, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time direct. Barwick hereby accepts such continued employment in accordance with, and subject to, the terms and conditions of this Agreement. Barwick shall devote his full time and attention to the performance of his duties under this Agreement. 2. Commencement of Duties: Barwick assumed the position of City Manager of the City and commenced his duties hereunder on November 22, 1999. The City and Barwick have entered into this Agreement on the date herein above stated. 3. Term; Termination: A. In accordance with Section 6.1 of the Charter, the terms and conditions of this Agreement shall be in effect for as long as Barwick is employed as Aspen's City Manager. B. Barwick may resign his employment as City Manager, and thereby terminate this Agreement, at any time; provided that Barwick shall give the City Council not less than thirty (30) days' prior written notice of his resignation. C. The City may terminate this Agreement and Barwick's employment, without being liable for breach of this Agreement or for payment to Barwick of severance compensation or other compensation beyond his salazy and benefits earned to the date of termination, for any of the following reasons: i. If Barwick fails to maintain permanent, full-time residence within the City of Aspen limits as required by Paragraph 10 of this Agreement. ii. If Barwick is convicted of any felony offense; an offense involving fraud or dishonesty; or any offense related to governmental operations under Article 8 of the Title 18 of the Colorado Criminal Code. iii. If Barwick commits an act of gross negligence or malfeasance in office as determined by the City Council. 4. Severance Compensation. A. Should the City, at any time, for any reason other than those enumerated in Subpazagraph C of Paragraph 3, terminate Barwick's employment, Barwick shall be entitled to an amount of severance pay equivalent to six (6) months of his salary at the rate of payment existing at the time of termination of employment. The amount of such severance pay due to Barwick shall increase to an amount equivalent to nine (9) months of his salary on Apri126a', 2011 and shall increase to an amount equivalent to twelve (12) months of his salary on Apri126a', 2012. Any severance compensation to Barwick shall be in addition to the City's normal employment rules as stated in the City's Personnel Manual. In the event that City requests that Barwick resign his position with the City, and Barwick acquiesces to that request, such a resignation shall be tantamount to a termination for purposes of this Agreement. B. Any monetazy compensation due to Barwick pursuant to this Paragraph 4 shall be paid by the City in full within twenty (20) days of the date of Barwick's termination. 5. Compensation; Retirement Plan. A. For services rendered pursuant to this Agreement, the City agrees to pay Barwick an initial annual salary of $170,352, payable in the same manner and at such time as all other employees of the City are paid. B. Annually in conjunction with Barwick's anniversary date, the City Council shall determine what salary adjustment will be made in Barwick's annual salary. City Council, may, in its sole discretion, review Barwick's performance at any time and may, based upon that review, adjust Barwick's salary accordingly; provided, however, that in no event shall Barwick's annual salary ever be less than $160,000 (One Hundred and Sixty Thousand). Should the City adjust Bazwick's annual salary to less than $160,000 for reasons other than those enumerated in section 3.C. or in the absence of universal employee compensation reductions, Barwick shall be entitled to terminate his employment with the City and collect severance compensation as provided in section 4. A. Notwithstanding any provision to the contrary contained herein, in the event the salazies of the City of Aspen employees aze reduced in a uniform fashion, Barwick's annual salary may be reduced in a manner that does not exceed a proportional amount of the average percentage reduction of all City employees. 6. Vacation; Other Benefits. A. Except as otherwise expressly provided in this Agreement to the contrary, Barwick shall be entitled to receive all benefits provided by the City to its full-time employees from time to time throughout the term of this Agreement. B. The maximum amount of accrued but unused vacation leave for Barwick will be 320 hours, except that any accrued amount of such leave above the maximum allowed amount shall be lost only at January 1 of every other yeaz, starting 2011. 7. Performance Evaluation. City Council shall provide Barwick with a formal evaluation of his performance annually at a time approximately at the anniversary date of his assumption of the duties of City Manager, or as otherwise needed or as requested by Barwick. 8. Applicable Law. This Agreement is subject to the provisions of the Charter, the ordinances of the City and other applicable law. The parties hereto agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. In the event of a conflict between the provisions of this Agreement and applicable law, the applicable law shall govern; provided, however, that all provisions of this Agreement which are not in conflict with applicable law shall remain in full force and effect. This Agreement shall be interpreted in all respects in accordance with the laws of the State of Colorado. 9. Assignment. This Agreement is for personal services predicated upon Barwick's special abilities or knowledge. Bazwick shall not assign this Agreement in whole or in part. 10. Annual Appropriation. Notwithstanding anything herein contained to the contrary, the City's obligations under this Agreement aze expressly subject to an annual appropriation being made by the City Council in the amount sufficient to allow the City to perform its obligations hereunder. In the event sufficient funds shall not be appropriated for the payment of sums due or to become due to Barwick hereunder, this Agreement may be terminated by either party without penalty; provided, however, that in the event of such termination Bazwick shall be paid severance pay as provided in Paragraph 4 of this Agreement. The City's obligations under this Agreement shall not constitute a general obligation indebtedness or multiple yeaz direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado. 11. Waiver. The failure of either party to exercise any of their rights under this Agreement shall not be a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving such rights. 12. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 13. Severability. In case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application hereof shall not in any way be affected or impaired thereby. 14. No Adverse Inference. This Agreement shall not be interpreted or construed against either party on the basis that such party drafted this Agreement. Both parties stipulate and agree that they had the opportunity to participate fully in the drafting of this Agreement. 15. Pazagraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 16. Binding Effect. The provisions of this Agreement with regazd to compensation and severance pay shall be binding upon and shall inure to the benefit of Barwick's heirs at law and personal representatives. IN WITNESS WHEREOF, the parties have executed this Agreement the date first written above. City of Aspen, Colorado By Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk Steve Barwick