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AGENDA
CITY COUNCIL REGULAR MEETING
May 25, 2021
5:00 PM, City Council Chambers
130 S Galena Street, Aspen
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
Announcement of 2020/2021 Historic Preservation Commission Awards (Presentation to take
place in-person at a later date)
IV.CITIZENS COMMENTS & PETITIONS
1
2
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VIA.Resolution #050, Series of 2021 - Shaw Construction Burlingame 3 CO#2
Resolution #051, Series of 2021 - City Manager Administration of Budgeted Project
Contingency
VIB.Draft Minutes of May 10th & 11th
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
X.ACTION ITEMS
XI.EXECUTIVE SESSION
Pursuant to C.R.S.4-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real,
personal, or other property interest; (4)(b) Conferences with an attorney for the local public
body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining
positions relative to matters that may be subject to negotiations; developing strategy for
negotiations; and instructing negotiators.
The specific items of discussion involve the following:
The lease, transfer or acquisition of real property or property interests, contract negotiations,
and communication with counsel regarding such subjects. Due to market forces, negotiation
strategies and confidentiality demands of parties involved, the exact properties and specific
subjects cannot be disclosed.
XII.ADJOURNMENT
2
Page 1 of 2
MEMORANDUM
TO:Mayor Torre and City Council
FROM:Robert Schober, Capital Asset Project Manager
THRU:Scott Miller, Public Works Director
DATE OF MEMO:May 19, 2021
MEETING DATE:May 25, 2021
RE:Construction Change Order #2 for Burlingame Ranch Phase 3
General Contractor & administration of project contingency funds.
REQUEST OF COUNCIL:Staff is requesting approval of Change Order #2 package with Shaw
Builders LLC (Exhibit A) for changes to the general contractor’s scope of work for the Burlingame
Ranch Phase 3 affordable housing construction.
Staff also request that expenditure of project contingency and unallocated funds be authorized as
an administrative process, with City Manager oversight and reporting to City Council with updates
as requested. These approvals would be subject to detailed review by staff and the City’s Owner
Representative, Artaic Group.
PREVIOUS COUNCIL ACTION:Council approved change order #1 (Resolution 43-2021)
with Shaw Builders LLC on April 27, 2021, in the amount of $369,676
BACKGROUND:At the time the contract was originally approved by Council, the general
contractor’s scope of work and associated pricing in the contract was based on the plans which
had just been submitted with the building permit applications. Since that time, the permit
application review process has been completed, and the project team (including staff, owner’s rep,
architect and design team, together with the general contractor) has worked through additional
details to prepare the project for on-site construction.
DISCUSSION:The net total of this Change Order #1 package is an additional cost to the City’s
project budget of $150,547. The project budget contains sufficient contingency to cover this
increase, as some amount of change orders were anticipated from the start.
Below are staff comments on each item included in this package:
001 019 Changes to Existing Transformer Lid $5,980.27
The main power distribution and transformer vaults were installed during Burlingame Phase II.
At that time, 3-phase transformer vaults/lids were installed. The current design requires single
phase transformers. Custom single-phase lids were procured and installed to replace the existing
vault lids.
001 004 Fire Alarm $144,566.51
The modular units require a State permit, prior to manufacturing. The original fire alarm scope,
included by the modular manufacturer and supplemented by the General Contractor, met the State
3
Page 2 of 2
permitting requirements. The City of Aspen Fire Marshall is requiring a fully addressable alarm
system, to meet City permitting requirements. This scope of work includes the design, equipment,
installation, programming, testing, and commissioning necessary to provide the fully addressable
system. A letter of support from the owners representative Artaic Group has been attached as
(Exhibit C).
Staff requests that the Owners Contingency be managed administratively and approved by
resolution.Some logistical constraints of a construction project are that many change order
approvals may be on the critical path. With a few days to complete and submit staff memos and
recommendations as well as the week of submittal that is needed prior to a council consent session,
staff seeks to gain formal approval that change orders and modifications that fall within the current
approved budget are treated “administratively” with City Manager review and sign-off. We will
continue to report quarterly or as requested,all costs, contracts, commitments,and changes in a
detailed manner.
FINANCIAL/BUDGET IMPACTS:
Costs for the changes will be contained within the project contingency which has a remaining
balance of $4,359,106.84 after execution of CO#2. An updated detailed project budget has been
attached (Exhibit B).
RECOMMENDED ACTION:Staff recommends approval of Resolution #50 of 2021 and the
associated Change Order #2 package from Shaw Builders in the amount of $150,546.78 and
confirmation that contracts and change orders within the approved budget may be executed
administratively; Resolution 51-2021.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A –Shaw Builders LLC Change Order #2 Package
Exhibit B –Current Budget Report
Exhibit C –Letter of support for approval from owner’s rep, Artaic Group
4
RESOLUTION #50
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT CHANGE ORDER #2 PACKAGE BETWEEN THE CITY OF
ASPEN AND SHAW BUILDERS LLC, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a Contract Change Order #2
package between the City of Aspen and Shaw Builders LLC, a true and accurate copy of which
is attached hereto as .Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Contract Change Order
#2 package between the City of Aspen and Shaw Builders LLC, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager to execute said
Contract Change Order #2 package on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 25th day of May, 2021.
Torre, Mayor
I, Nicole Henning, 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 May 25, 2021.
Nicole Henning, City Clerk
5
RESOLUTION #51
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING CITY MANAGER ADMINISTRATIVE EXECUTION OF SUBSEQUENT
CONTRACTS AND CHANGE ORDERS THAT ARE WITHIN THE APPROVED BUDGET
OF THE BURLINGAME RANCH PHASE 3 AFFORDABLE HOUSING CONSTRUCTION
PROJECT AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND
CHANGE ORDERS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Project Budget Update
for the Burlingame Phase 3 Affordable Housing Construction project attached hereto as
Exhibit B.
WHEREAS, staff has requested authority for the City Manager to execute contracts
and change orders within the Project Budget.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN,COLORADO,
That the City Council of the City of Aspen hereby allows City Manager administrative
oversight of any subsequent contracts and change orders that are within the current approved net
project budget; and does hereby authorize the City Manager to execute said subsequent contracts
and change orders on behalf of the City of Aspen. Council will be updated by staff and the City
Manager on a regular basis.
INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on
the 25th, day of May 2021.
Torre,Mayor
I,Nicole Henning,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,May 25,2021.
Nicole Henning,City Clerk
6
Change Order No. 02
PROJECT:CHANGE ORDER NUMBER: 02
TO CONTRACTOR:
DATE: May 14, 2021
CO Item#Description Amount
THE CONTRACT IS CHANGED AS FOLLOWS:
PCO #
Burlingame Ranch Phase 3
Section 2, Township 10 South, Range 85 West of the
6th P.M.
Shaw Builders LLC
300 Kalamath Street
Denver, CO 80223
1 5,980.27 029
2 144,566.51 030
Changes to Existing Transformer Lid
Fire Alarm by Frontier Fire
Total For CO# 02: $150,546.78
NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND OWNER.
$27,581,107.00
$369,676.01
$27,950,783.01
$150,546.78
$28,101,329.79
Original Contract sum was
Net change by previously authorized Change Orders
The Contract sum prior to this Change Order was
The Contract sum will be INCREASED by this Change Order in the amount of
The new Contract sum including this change order
The Contract time will be unchanged.
The date of Substantial Completion as of the date of this Change Order therefore is September 01, 2022.
Contractor
300 Kalamath Street, Denver, CO 80223
Owner
130 Galena Street, Aspen, CO 81611
Address Address
By (Signature)By (Signature)
Date Date
Name Name
Chris Everson
Aspen, City ofShaw Builders LLC
Mark Hendrickson
7
Pending Change Order
No. 029
Aspen, CO 81611
Section 2, Township 10 South, Range 85 West of the 6th P.M.
Burlingame Ranch Phase 3 Project No: 20268-
PCO No. 029 Changes to Existing Transformer Lid Date Sent:
Transmitted To:
Aspen, CO 81611
Description of Proposal:
From:
Mark Hendrickson, Project ManagerChris Everson, Senior Project Manager
Tel: 970-248-2619
Fax:
Email: markhendrickson@shawconstruction.net
Aspen, City of
130 Galena Street
Shaw Builders LLC
Cost Summary for Item : 1 Changes to Existing Transformer Lid
QuantityDescriptionPhase Unit Price Amount
4,270.00 4,270.00LS1Site Transformer Lid002300- -029
$4,270.00Net Total for Item 1:
Description Percentage Amount
10.68DIC Insurance 0.25%
26.05Warranty Reserve 0.61%
5.98Cloud Technology Services 0.14%
34.16Bonds 0.80%
260.81Fee 6.00%
$337.68Subtotal:
$4,607.68Total Item #1:
Time Extension:NONE
Cost Summary for Item : 2 Changes to Existing Transformer Lid
QuantityDescriptionPhase Unit Price Amount
1,272.00 1,272.00LS1Earthwork & Site Utilities002300- -
$1,272.00Net Total for Item 2:
Description Percentage Amount
3.18DIC Insurance 0.25%
7.76Warranty Reserve 0.61%
1.78Cloud Technology Services 0.14%
10.18Bonds 0.80%
77.69Fee 6.00%
$100.59Subtotal:
$1,372.59Total Item #2:
Time Extension:NONE
Page 1 of 2 8
Pending Change Order
No. 029
Aspen, CO 81611
Section 2, Township 10 South, Range 85 West of the 6th P.M.
Burlingame Ranch Phase 3 Project No: 20268-
Grand Total PCO #029:
Total Time Extension:NONE
$5,980.27
Submitted By: Authorized By: Aspen, City of
Signature _________________________ Date ________
Name _________________________________________
Signature __________________________ Date ________
Name __________________________________________
I authorize Shaw Construction to proceed with the work noted above and agree to pay for the work.
Chris Everson, Senior Project ManagerMark Hendrickson, Project Manager
Shaw Builders LLC
Page 2 of 2 9
10
11
12
To:Contact:Shaw Construction Jamie Neyers
Burlingame Phase IIIProject Name:Bid Number:20210311_SH
Fax:(970) 241-5618Grand Junction, CO 81506
Address:760 Horizon Drive Phone:(970) 242-9236
Project Location:Burlingame Ranch, Aspen, CO Bid Date:11/3/2020
Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity
15.00 HR $84.76 $1,271.40Install Transformer Lids - Labor
Total Bid Price:$1,271.40
Notes:
•The above prices do not include Performance and Payment Bond. Add 3% if bond is required.
•The above prices do not include Permits.
•The above prices do not include any utility shut off or abandonment.
•The above prices do not include accepting payment via credit card or online payment services. If these services are required, please add 3%.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and
are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Aspen Digger
Authorized Signature:
Estimator:Phil Friesen
970-618-0178 phil@aspendigger.com
5/12/2021 11:56:55 AM Page 1 of 1
13
Pending Change Order
No. 030
Aspen, CO 81611
Section 2, Township 10 South, Range 85 West of the 6th P.M.
Burlingame Ranch Phase 3 Project No: 20268-
PCO No. 030 Fire Alarm by Frontier Fire Date Sent:
Transmitted To:
Aspen, CO 81611
Description of Proposal:
From:
Mark Hendrickson, Project ManagerChris Everson, Senior Project Manager
Tel: 970-248-2619
Fax:
Email: markhendrickson@shawconstruction.net
Aspen, City of
130 Galena Street
Shaw Builders LLC
Cost Summary for Item : 1 Fire Alarm by Frontier Fire
QuantityDescriptionPhase Unit Price Amount
133,972.00 133,972.00LS1Fire Alarm by Frontier Fire010520- -030
$133,972.00Net Total for Item 1:
Description Percentage Amount
334.93DIC Insurance 0.25%
817.23Warranty Reserve 0.61%
187.56Cloud Technology Services 0.14%
1,071.78Bonds 0.80%
8,183.01Fee 6.00%
$10,594.51Subtotal:
$144,566.51Total Item #1:
Time Extension:NONE
Grand Total PCO #030:
Total Time Extension:NONE
$144,566.51
Submitted By: Authorized By: Aspen, City of
Signature _________________________ Date ________
Name _________________________________________
Signature __________________________ Date ________
Name __________________________________________
I authorize Shaw Construction to proceed with the work noted above and agree to pay for the work.
Chris Everson, Senior Project ManagerMark Hendrickson, Project Manager
Shaw Builders LLC
Page 1 of 1 14
9430 East 40th Ave , Denver CO 80239 | Phone 303-629-0221, Fax 303-623-7830
PG 1 OF 2
Change Order #1 – Revision #1
05.10.2021
Mark Hendrickson
Shaw Construction LLC
markhendrickson@shawconstruction.net
Phone: 303.653.7434
Project:
Burlingame Ranch Phase III
Fire Alarm System
8A 223 Paepcke Drive & 8B 225 Paepcke Drive
Aspen, Colorado
Dear Mark,
Changes to Original Scope due to requirements by Aspen Fire Department as outlined in meeting minutes dated 03.12.202 1.
The following items will be added to the fire alarm system:
• Addressable Smoke Detectors will be installed in lieu of Interconnected 120V Smoke Alarms.
• Addressable CO Detectors will be installed in lieu of stand-alone 120V CO Detectors.
• Manual Pull Stations will be added at building exits per AHJ site visi t.
Includes: (291) Addressable Smoke/CO Detectors. All Smoke/CO Detectors will commu nicate with the building fire alarm
control panel and will identify their exact location. This will eliminate the installation of 120V Smoke Alarms and CO Detectors
from the Electrical Scope of Work. REV #1 includes the addition of (64) Manual Pull Stations at building exits per AHJ site visit.
Frontier Fire will furnish and install the above list ed material as a Change Order to the Original Fire Alarm System Pro posal at
the above listed locations with design based upon requirements from the local AHJ and coordination with 365 Desi gn. Conduit
for the entire system will be installed by Guerdon during modular construction. Frontier Fire will include equipment, complete
submittal packages with engineered shop drawings, Installation, head -end terminations, programming, inspection, test,
commissioning, end user training, complete close out documentation , one-year equipment warranty.
Building # Smoke/CO Detectors Manual Pull Stations
Building #8 42 9
Building #9 42 9
Building #10 24 5
Building #11 24 5
Building #12 54 10
Building #13 42 11
Building #14 39 10
Building #15 24 5
Total 291 64
Original Fire Alarm Contract Amount : $ 1 46,958.00
Fire Alarm Change Order #1 - Detection: + $ 116,575.00
Fire Alarm Change Order #1 – Manual Pull Stations: + $ 17,397.00
Total Fire Alarm Contract Amount Including Changes: $ 263,533.00
15
2 OF 2
2
Project Clarifications
Our proposal is subject to the attached Terms and Conditions as well as the following clarifications:
The following items have been included in our price:
> Technician and project management time to properly coordinate, program and certify the system.
> Design time to prepare engineered shop drawings with submittals as required by the AHJ.
> Submission of plans to the AHJ, plan review fees.
> Installation of backboxes, wiring, device trim and correction of wiring faults for new added devices only.
The following items have been excluded from our price:
> Design criteria more stringent than applicable code requ irements or as noted in Scope of Work above.
> All 120 VAC circuits including but not limited to the fire alarm control panels, digital communicators, fire dampers and door
holders.
> Required phone lines for system monitoring.
> Certified payroll and Dav is Bacon wages. Purchaser agrees to maintain all things in readiness in accordance with the agreed
upon schedule.
> Costs associated with safety or traini ng classes which you or your agent may require of our personnel.
> Smoke control pressure/balance testing or visual smoke testing (if required).
> Patching or painting for new or existing devices and access for new wiring run.
>Building owner must provide access to panel for programming, if panel is password protected or proprietary owner must
supply contractor for programming.
General conditions:
> All applicable taxes are included in our submission. Payment terms are net 30 with approved credit
> Allow 2 weeks after receipt of P.O. and AutoCAD drawings to complete design. AutoCAD drawings to be provided at no
charge. No work will begin until these items are received.
> Frontier Fire shall not be held liable for errors and omissions in designs by others, inadequacies of specified materials,
indirect loss or damage.
Please do not hesitate to co ntact me with any questions you may have. Thank you for the proposal opportunity. We are
looking forward in partnering with you for completion of the fire alarm system.
Respectfully,
Andy Mayer
Alarm and Detection | Special Hazards Estimator
Mobile: 970.319.8233
Email: amayer@frontierfireprotection.com
Proposal Acceptance
The above quotation is hereby entered on 0 3/31/2021. The Customer acknowledges that he/she has read and understands
this proposal and agrees to the terms and conditions. Frontier Fire LLC. may withdraw the above quotation if not accepted
within (30) days.
Company Name Date
Authorized Signature Print Name & Title
Purchase Order Number
16
Project Summary Report
Burlingame Phase 3
City of Aspen
Generated May 14, 2021 by budget4cast.com
210514 BG3 Budget Report
Budget Code Original Budget Reallocations Current Budget Committed
Costs
Approved
Changes
Requested
Changes
Uncommitted
Costs
Estimated
Costs
at Completion
Projected Over/(Under)Total Costs to
Date
Balance to Finish
A B A+B C D F G C+D+E+F+G (C+D+E+F+G) - (A+B)H+I (C+D+E+F+G) - (H+I)
Project Total 52,700,000.00 0.00 52,700,000.00 46,140,383.44 516,006.33 948,136.19 736,367.20 48,340,893.16 (4,359,106.84)7,541,685.76 40,799,207.40
Soft Costs 4,679,888.40 2,032,056.08 6,711,944.48 6,051,590.96 122,586.32 0.00 537,767.20 6,711,944.48 0.00 4,348,435.55 2,363,508.93
Architect & Engineering 1,482,525.10 188,556.00 1,671,081.10 1,575,204.10 95,877.00 0.00 0.00 1,671,081.10 0.00 1,296,384.13 374,696.97
PS101 — 2019 Misc.
Expenses (soft)
40,825.13 0.00 40,825.13 40,825.13 0.00 0.00 0.00 40,825.13 0.00 40,825.13 0.00
PS102 — 2020 Misc.
Expenses (soft)
8,379.97 0.00 8,379.97 8,379.97 0.00 0.00 0.00 8,379.97 0.00 8,379.97 0.00
PS110 — Concept &
Outreach
233,985.00 0.00 233,985.00 230,625.00 3,360.00 0.00 0.00 233,985.00 0.00 230,099.03 3,885.97
PS120 — Design & Permit 837,335.00 92,517.00 929,852.00 837,335.00 92,517.00 0.00 0.00 929,852.00 0.00 837,335.00 92,517.00
PS130 — Construction
Administration
330,700.00 121,239.00 451,939.00 451,939.00 0.00 0.00 0.00 451,939.00 0.00 179,745.00 272,194.00
PS140 — Photovoltaic
Design
31,300.00 (25,200.00)6,100.00 6,100.00 0.00 0.00 0.00 6,100.00 0.00 0.00 6,100.00
Project Management 810,000.00 100,000.00 910,000.00 735,000.00 0.00 0.00 175,000.00 910,000.00 0.00 220,053.90 689,946.10
PS210 — Preconstruction 250,000.00 (47,498.00)202,502.00 202,502.00 0.00 0.00 0.00 202,502.00 0.00 142,138.50 60,363.50
PS220 — Construction 385,000.00 147,498.00 532,498.00 532,498.00 0.00 0.00 0.00 532,498.00 0.00 77,915.40 454,582.60
PS230 — Warranty
Management
175,000.00 0.00 175,000.00 0.00 0.00 0.00 175,000.00 175,000.00 0.00 0.00 175,000.00
Survey 85,000.00 0.00 85,000.00 1,992.80 0.00 0.00 83,007.20 85,000.00 0.00 1,992.80 83,007.20
PS310 — Alta 5,000.00 0.00 5,000.00 1,992.80 0.00 0.00 3,007.20 5,000.00 0.00 1,992.80 3,007.20
PS320 — Condo Mapping 80,000.00 0.00 80,000.00 0.00 0.00 0.00 80,000.00 80,000.00 0.00 0.00 80,000.00
Legal Fees 40,000.00 0.00 40,000.00 0.00 0.00 0.00 40,000.00 40,000.00 0.00 0.00 40,000.00
PS410 — Legal Fees 40,000.00 0.00 40,000.00 0.00 0.00 0.00 40,000.00 40,000.00 0.00 0.00 40,000.00
Advertising & Sales 20,000.00 0.00 20,000.00 0.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 20,000.00
PS510 — Advertising &
Sales
20,000.00 0.00 20,000.00 0.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 20,000.00
Reimbursables 125,000.00 0.00 125,000.00 115,000.00 0.00 0.00 10,000.00 125,000.00 0.00 29,187.02 95,812.98
PS610 — 359 Design 75,000.00 0.00 75,000.00 75,000.00 0.00 0.00 0.00 75,000.00 0.00 29,187.02 45,812.98
PS620 — Artaic 40,000.00 0.00 40,000.00 40,000.00 0.00 0.00 0.00 40,000.00 0.00 0.00 40,000.00
PS630 — QA Services 10,000.00 0.00 10,000.00 0.00 0.00 0.00 10,000.00 10,000.00 0.00 0.00 10,000.00
Quality Assurance &
Inspections
453,500.00 (107,500.00)346,000.00 136,240.00 0.00 0.00 209,760.00 346,000.00 0.00 9,300.00 336,700.00
QA110 — 3rd Party Plan
Review
6,000.00 0.00 6,000.00 6,000.00 0.00 0.00 0.00 6,000.00 0.00 6,000.00 0.00
17
Budget Code Original Budget Reallocations Current Budget Committed
Costs
Approved
Changes
Requested
Changes
Uncommitted
Costs
Estimated
Costs
at Completion
Projected Over/(Under)Total Costs to
Date
Balance to Finish
A B A+B C D F G C+D+E+F+G (C+D+E+F+G) - (A+B)H+I (C+D+E+F+G) - (H+I)
Project Total 52,700,000.00 0.00 52,700,000.00 46,140,383.44 516,006.33 948,136.19 736,367.20 48,340,893.16 (4,359,106.84)7,541,685.76 40,799,207.40
QA210 — Factory QA-
Modular Consultant
45,000.00 (45,000.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
QA220 — Factory QA-
OCIP Inspector
35,000.00 (35,000.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
QA230 — Factory QA-
Sound Testing
7,500.00 (7,500.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
QA240 — Factory QA-
Ready to Ship Inspector
60,000.00 0.00 60,000.00 49,000.00 0.00 0.00 11,000.00 60,000.00 0.00 3,300.00 56,700.00
QA310 — Site QA-
Modular Consultant
55,000.00 (55,000.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
QA320 — Site QA-OCIP
Inspector
35,000.00 0.00 35,000.00 0.00 0.00 0.00 35,000.00 35,000.00 0.00 0.00 35,000.00
QA330 — Site QA-
Material Testing &
Special Inspections
65,000.00 35,000.00 100,000.00 81,240.00 0.00 0.00 18,760.00 100,000.00 0.00 0.00 100,000.00
QA340 — Site QA-
Envelope Inspections
50,000.00 0.00 50,000.00 0.00 0.00 0.00 50,000.00 50,000.00 0.00 0.00 50,000.00
QA350 — Site QA-
Commissioning
95,000.00 0.00 95,000.00 0.00 0.00 0.00 95,000.00 95,000.00 0.00 0.00 95,000.00
Insurance 700,000.00 1,805,833.00 2,505,833.00 2,479,123.68 26,709.32 0.00 0.00 2,505,833.00 0.00 2,479,123.68 26,709.32
IF100 — OCIP
Management Fee
0.00 97,500.00 97,500.00 97,500.00 0.00 0.00 0.00 97,500.00 0.00 97,500.00 0.00
IF110 — OCIP Policy 700,000.00 1,708,333.00 2,408,333.00 2,381,623.68 26,709.32 0.00 0.00 2,408,333.00 0.00 2,381,623.68 26,709.32
IF120 — Builder's Risk
Policy
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Permit Fees 963,863.30 45,167.08 1,009,030.38 1,009,030.38 0.00 0.00 0.00 1,009,030.38 0.00 312,394.02 696,636.36
PF210 — Plan Review
Fees
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
PF220 — Building Permit
Fees
113,863.30 (113,863.30)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
PF230 — Impact/Other
Fees
850,000.00 159,030.38 1,009,030.38 1,009,030.38 0.00 0.00 0.00 1,009,030.38 0.00 312,394.02 696,636.36
Hard Costs 40,287,392.48 1,341,556.20 41,628,948.68 40,088,792.48 393,420.01 948,136.19 198,600.00 41,628,948.68 0.00 3,193,250.21 38,435,698.47
General Construction 38,628,484.00 1,341,556.20 39,970,040.20 38,628,484.00 393,420.01 948,136.19 0.00 39,970,040.20 0.00 3,015,143.73 36,954,896.47
CON110 — Modular
Construction
11,275,011.00 71,449.00 11,346,460.00 11,275,011.00 23,744.00 47,705.00 0.00 11,346,460.00 0.00 2,521,734.50 8,824,725.50
CON120 — Modular
Transportation
1,054,568.00 0.00 1,054,568.00 1,054,568.00 0.00 0.00 0.00 1,054,568.00 0.00 0.00 1,054,568.00
CON210 — General
Construction
25,918,905.00 1,270,107.20 27,189,012.20 25,918,905.00 369,676.01 900,431.19 0.00 27,189,012.20 0.00 493,409.23 26,695,602.97
CON220 — Photovoltaic
Construction
380,000.00 0.00 380,000.00 380,000.00 0.00 0.00 0.00 380,000.00 0.00 0.00 380,000.00
Other Construction Cost 1,658,908.48 0.00 1,658,908.48 1,460,308.48 0.00 0.00 198,600.00 1,658,908.48 0.00 178,106.48 1,480,802.00
18
Budget Code Original Budget Reallocations Current Budget Committed
Costs
Approved
Changes
Requested
Changes
Uncommitted
Costs
Estimated
Costs
at Completion
Projected Over/(Under)Total Costs to
Date
Balance to Finish
A B A+B C D F G C+D+E+F+G (C+D+E+F+G) - (A+B)H+I (C+D+E+F+G) - (H+I)
Project Total 52,700,000.00 0.00 52,700,000.00 46,140,383.44 516,006.33 948,136.19 736,367.20 48,340,893.16 (4,359,106.84)7,541,685.76 40,799,207.40
CON200 — GC
Preconstruction Services
50,000.00 0.00 50,000.00 50,000.00 0.00 0.00 0.00 50,000.00 0.00 0.00 50,000.00
CON230 — Contractor's
Contingency
1,232,202.00 0.00 1,232,202.00 1,232,202.00 0.00 0.00 0.00 1,232,202.00 0.00 0.00 1,232,202.00
CON500 — 2019 Misc.
Expenses (hard)
142,365.00 0.00 142,365.00 142,365.00 0.00 0.00 0.00 142,365.00 0.00 142,365.00 0.00
CON600 — 2020 Misc.
Expenses (hard)
9,341.48 0.00 9,341.48 9,341.48 0.00 0.00 0.00 9,341.48 0.00 9,341.48 0.00
CON700 — 2021-2022
Misc. Expenses
150,000.00 0.00 150,000.00 26,400.00 0.00 0.00 123,600.00 150,000.00 0.00 26,400.00 123,600.00
CON800 — Site Amenities 75,000.00 0.00 75,000.00 0.00 0.00 0.00 75,000.00 75,000.00 0.00 0.00 75,000.00
Contingency 7,732,719.12 (3,373,612.28)4,359,106.84 0.00 0.00 0.00 0.00 0.00 (4,359,106.84)0.00 0.00
Owner Contingency 7,732,719.12 (3,373,612.28)4,359,106.84 0.00 0.00 0.00 0.00 0.00 (4,359,106.84)0.00 0.00
OC100 — Contingency-
Soft Costs
286,350.00 (286,350.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
OC200 — Contingency-
Modular
1,232,958.00 (71,449.00)1,161,509.00 0.00 0.00 0.00 0.00 0.00 (1,161,509.00)0.00 0.00
OC300 — Contingency-
Construction
2,758,110.70 0.00 2,758,110.70 0.00 0.00 0.00 0.00 0.00 (2,758,110.70)0.00 0.00
OC400 — Contingency-
Escalation
3,455,300.42 (3,015,813.28)439,487.14 0.00 0.00 0.00 0.00 0.00 (439,487.14)0.00 0.00
Project Total 52,700,000.00 0.00 52,700,000.00 46,140,383.44 516,006.33 948,136.19 736,367.20 48,340,893.16 -4,359,106.84 7,541,685.76 40,799,207.40
19
Burlingame Ranch Phase 3: Shaw Builders Change Order Letter of Support
DATE: 5/14/21
FROM: Chris Penney, Artaic Group Project Director
RE: Burlingame Ranch Phase 3 Affordable Housing Development
Shaw Builders Change Order #02
Artaic Group (Artaic) recommends approving Shaw Builder’s Change Order #02, for $150,546.78.
Artaic has reviewed each proposed change order and verified compliance with the contract terms,
scope legitimacy, quantities, unit costs, and fees.
The drivers behind the expense are summarized as follows:
1. Transformer Vault/Lid Modification: The main power distribution and transformer vaults
were installed during Burlingame Phase II. At that time, 3-phase transformer vaults/lids were
installed. The current design requires single phase transformers. Custom single phase lids
were procured and installed to replace the existing vault lids.
2. Fire Alarm: The modular units require a State permit, prior to manufacturing. The original fire
alarm scope, included by the modular manufacturer and supplemented by the General
Contractor, met the State permitting requirements. The City of Aspen Fire Marshall is
requiring a fully addressable alarm system, to meet City permitting requirements. This scope
of work includes the design, equipment, installation, programming, testing, and
commissioning necessary to provide the fully addressable system.
As evidenced by the attached budget report, after accounting for this Change Order and all other
pending change orders that are in the process of being reviewed and negotiated, Artaic believes the
10.9% contingency balance is appropriate for the current phase of the project.
End of Memo
20
1
SPECIAL MEETING ASPEN CITY COUNCIL MAY 10TH, 2021
At 5:11 p.m. Mayor Torre called the special meeting to order with Councilors Richards, Mullins,
Mesirow, and Hauenstein joining via video conference.
City Attorney, James R. True, introduced the executive session, pursuant to C.R.S.4-6-402 (4)(a) The
purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except
that no executive session shall be held for the purpose of concealing the fact that a member of the local
public body has a personal interest in such purchase, acquisition, lease, transfer or sale; (4)(b)
Conferences with an attorney for the local public body for the purposes of receiving legal advice on
specific legal questions. (4)(e) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators. The specific items of
discussion involve the following:The Centennial Owners’ Association, v. The City of Aspen, et al. Case
No.: 2015CV030158. Mulcahy litigation, including, but not limited to, Mulcahy, et al., v. The City of
Aspen, et al., Case No.: 2020CV15. Aspen Film Lease - 508 E. Cooper Street – Deed Restriction.
Acquisition of real property. Due to market forces, negotiation strategies and confidentiality demands
of parties involved, the exact properties cannot be disclosed.
Councilor Richards motioned to move into executive session; Councilor Mullins seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Council left the special meeting and moved into executive session at 5:14 p.m.
Council moved back into the special meeting at 8:17 p.m.
Councilor Mullins motioned to continue the meeting to May 11th at 4:00 p.m.; Councilor Mesirow
seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0,
motion carried.
_______________________________
City Clerk, Nicole Henning
21
1
SPECIAL MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
At 4:00 p.m. Mayor Torre called the special meeting to order with Councilors Richards, Mullins,
Mesirow, and Hauenstein joining via video conference.
City Attorney, James R. True, said this is a continued meeting from the previous night and introduced
the executive session, pursuant to C.R.S.4-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale
of any real, personal, or other property interest; except that no executive session shall be held for the
purpose of concealing the fact that a member of the local public body has a personal interest in such
purchase, acquisition, lease, transfer or sale; (4)(b) Conferences with an attorney for the local public
body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions
relative to matters that may be subject to negotiations; developing strategy for negotiations; and
instructing negotiators. The specific items of discussion involve the following:The Centennial Owners’
Association, v. The City of Aspen, et al. Case No.: 2015CV030158. Mulcahy litigation, including, but not
limited to, Mulcahy, et al., v. The City of Aspen, et al., Case No.: 2020CV15. Aspen Film Lease - 508 E.
Cooper Street – Deed Restriction. Acquisition of real property. Due to market forces, negotiation
strategies and confidentiality demands of parties involved, the exact properties cannot be disclosed.
Councilor Mesirowmotioned to move into executive session; Councilor Hauenstein seconded. Roll call
vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Council left the special meeting and moved into executive session at 4:07 p.m.
Council moved back into the special meeting at 5:06 p.m.
Councilor Richards motioned to adjourn; Councilor Hauenstein seconded. Roll call vote: Hauenstein, yes;
Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_______________________________
City Clerk, Nicole Henning
22
1
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
At 5:12 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mullins,
Mesirow, and Hauenstein joining via video conference.
SCHEDULED PUBLIC APPEARANCES:
Mayor Torre announced two proclamations for the Month of the Young Child and Arbor Day. Councilor
Mullins read the Month of the Young Child, which was presented by Shirley Ritter, Kids First Director.
Ms. Ritter shared her screen and played a video of children at the Red Brick because they couldn’t come
to council in person this year.
Mayor Torre read the second proclamation for Arbor Day. Matt Kuhn, Parks Director, said a few words
and introduced David Coon, City Forrester. Mr. Coon said they are excited to be celebrating Arbor Day
this Saturday in Paepcke Park from 9-11 a.m. There will be activities and rides for kids and will be doing a
demonstration on planting trees. This will be the 29th Arbor Day in Aspen.
PUBLIC COMMENT:
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He has an exhibition in Chicago next
week and is excited. He asked about the executive session earlier this evening. Mayor Torre confirmed
that Mr. Mulcahy was on the agenda for the executive session. He read anexcerpt from the Aspen
Times regarding APCHA. He said his family left peacefully, and he begged council not to do this to his
mother.
Mayor Torre closed public comment.
COUNCIL COMMENTS:
Councilor Mullins said she’s going to be leaving a bit early tonight.
Councilor Richards saidshe will be away from Aspen until June 1st so she will miss the next regular
meeting. She said she will be attending the Club 20 board retreat in Grand Junction this weekend.
Councilor Hauenstein said he is pleading with everyone to get vaccinated for the good of the community
and for your own health. He will also be out of town next week but will be in attendance virtually.
Councilor Richards asked everyone to please get vaccinated. She read a report that said 99% of people
hospitalized this year with COVID, were not vaccinated.
Councilor Mesirowwished Ward and Rachelgreat trips and said they’ve earned them. He’s lucky to be
back from a trip of his own and said there is nothing like leaving Aspen to make you appreciate it when
you get back.
Mayor Torre said there has been a request from bike rental shops in town about utilizing the right of
way for their rental fleets. In order to maintain limited capacity in the shops and manage people, they’d
like to have a fleet available outside. This summer, use of the ROW, has been approved for restaurants
and not retail. But this is a bit different of a situation.
Phillip Supino, Community Development Director, said they are happy to entertain support for local
businesses. Staff feels confident about responding to this.
23
2
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
Councilor Mesirow remains supportive of them using the ROW this summer. We want to avoid pitfalls
from last summer, but he has no problem with this.
Councilor Richards said it to her it looks like bike shops have rented spaces that aren’t big enough for
bike shops so she can see this coming back next year and it’s not due to COVID. This is awkward. We are
taking money out of the paid parking fund to give these parking spaces away. She’s not going to say no,
but we need to take a closer look at this.
Councilor Hauenstein said he doesn’t like one offs. We said no retail for the summer. If this is classified
as a service instead of retail, then maybe it can be justified. He is supportive of the shops being able to
use the ROW. It’s good for the community and they played by the rules last year, so he hates to see
them penalized.
Councilor Mullins said she is in support. They were categorized as an essential service last summer and
they did a great job. The spaces leased were adequate two years ago, but with COVID, the demand for
bikes has exploded. Let’s give some flexibility again this summer and take another look next summer for
normal use of the ROW.
Mayor Torre is torn. There are good points on both sides. He wants to issue a forewarning that this
won’t be permanent moving forward and is relief in a difficult time.
Councilor Richards said that we should find out from Mitch Osur what the cost has been to the parking
department.
Sara Ott said that staff should remind these shops of the 6-foot rule for the ROW same as the
restaurants. Please do this in form of a motion so we have clear direction from you.
Councilor Hauensteinasked to make this a formal resolution for the next meeting.
Ms. Ott asked for a motion for clarity.
Councilor Mullins motioned to allow bike shops in the ROW with the 6-foot rule observed as well as
barriers; Councilor Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes;
Richards, yes; Torre, yes. 5-0, motion carried.
CITY MANAGER COMMENTS:
James R. True, City Attorney, announced thatcouncil completed the executive session and do not need
to reconvene this evening.
Ms. Ott said that beginning June 1
st, city council and other commissions can meet in person again and
city staff will be back in offices. They have some options as the city is offering two days of remote work
and three days in office. The public will have a short check in process upon entering city hall. We’re
excited to see everyone back.
Mayor Torre gave appreciation and kudos to Ms. Ott. A lot of people have been chomping at the bit to
get together and be in public spaces. You’ve done a great job balancing health and safety while also
creating access. You’ve really tried to make as many community assets as possible available.
Ms. Ott said she will pass this along to staff as well for all of their hard work.
24
3
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
BOARD REPORTS:
Councilor Mullins said she hasn’t had anymeetings but will be really busy coming up. She has RFTA,
CML, Sister Cities, Ruedi, and CCLC. She thinks it would be helpful to put who is on what board on the
city website. It might be useful for people to have this information.
Mayor Torre said he is supportive of that.
Councilor Hauenstein said has RFTA and Sister Cities coming up. He said Sister Cities is having a meeting
in the Sister Cities plaza on Thursday at 5:00 p.m. for a dedication to Don Sheeley. Mayor Torre will have
some words of dedication.
Councilor Mesirow had no updates.
Councilor Richards said she has the Club 20 board retreat this weekend. She voiced some concerns
about APCHA. Mayor Torre asked her if she thinks they are moving in a positive direction. She said
Diane is doing a great job in the interim director. It’s important to get a good director in there. There are
important management issues coming forward. The staffing of APCHA is skeletaland she sees a need for
some real economic analysis, but not sure we have the staffing for it.
Mayor Torre said he has Board of Health this Thursday.
CONSENT CALENDAR:
Mayor Torre pulled Resolution #047, Series of 2021 for discussion. He asked Tyler Christoff, Utilities
Operation Manager, about the disparity in some of the quotes and bid prices that were presented. Mr.
Christoff said there hasn’t been much electric work in Aspen in a number of years. Many of the
contractors haven’t done work in Aspen and are not familiar with the City of Aspen.
Councilor Hauensteinmotioned to approve the consent calendar; Councilor Richards seconded.
Mayor Torre said he appreciates the meeting minutes, and he feels the clerk is doing a great job with
them.
Roll call vote: Hauenstein, yes; Mesirow; yes, Richards, yes; Torre, yes. 4-0, motion carried.
PUBLIC HEARINGS:
Ordinance #05, Series of 2021 –Spring Budget Supplemental – Andrew Kramer, Budget Manager
Mr. Kramer summarized the ordinance for council and said the request is 40 million. The only change
from first reading is for $75,000 to APCHA for the remodeling project due to additional renovations.
Mayor Torre opened public comment.
Mayor Torre closed public comment.
Councilor Hauensteinmotioned to adopt Ordinance #05; Councilor Richards seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Ordinance #06, Series of 2021 - Spring Supplemental APCHA and Component Unit Funds – Andrew
Kramer
25
4
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
Mr. Kramer said the only change is the aforementioned $75,000 and an oversight to add the capital
carryforwards to this document which were all preapproved.
Mayor Torre opened public comment.
Mayor Torre closed public comment.
Councilor Richards motioned to approve Ordinance #06, Series of 2021; Councilor Mesirow seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Ordinance #10, Series of 2021 –Land Use Code Amendment – Affordable Housing Fee-in-Lieu Update –
Ben Anderson, City Planner
Mr. Anderson said this ordinance and the others to follow are a direct response to Council direction and
conversation at a work session on April 12th, 2021. On April 20
th, 2021, the Planning and Zoning
Commission reviewed the proposed amendments and provided recommendation in support (Resolution
#03, Series of 2021), with one addition. Mr. Anderson said the consultant team is also present tonight if
council has questions on the FIL methodology for Julie Herland of TischlerBise and Tyson Smith of White
and Smith Planning and Law Group. Staff is recommending approval as presented of this ordinance and
all others presented tonight. The highlights of Ordinance #10 include: 1. Use actual land and
development costs from real projects. 2. Identify land, soft and hard development costs per square foot
of net livable. 3. Identify Total Development Costs per FTE (400sf of net livable = 1 FTE). 4. Identify
revenue per FTE by Category – APCHA sales and rental rates. 5. Subtracts revenue per FTE by category
from total costs per FTE. 6. = fee-in-lieu by category. He showed a table which shows the fee-in-lieu per
category. They are also proposing a yearly evaluation which includes an annual update in quarter one,
using Engineering New Record’s National Construction Index. This would be a request to Council in the
form of an ordinance, and new cost calculation using actual projects and land acquisitions as possible
every five years. He addressed a question from council at first reading.
Mayor Torre opened public comment.
Peter Fornell – Mr. Fornell thanked council for working so hard on this. He addressed the rental rate
issue and asked them to take the private sector approach and add your rental rates based on prior year
actuals for those buildings. This is the easy way to do it. He encourages them to include the private
sector to be part of the solution.
The council continued to have discussion with Mr. Fornell.
Mayor Torre closed public comment.
Mayor Torre asked Mr. Anderson to elaborate regarding Mr. Fornell’s point and discussion continued.
Councilor Mesirow motioned to approve Ordinance #10, Series of 2021 with the condition that staff
looks into land cost inflation a year from approval; Councilor Richards seconded.
Mayor Torre said he greatly values Peter’s suggestions and concerns.
Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Ordinance #11, Series of 2021 –Certificates of Affordable Housing Credits – Improvements – Ben
Anderson, City Planner
26
5
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
Mr. Anderson said the proposed amendments for Ordinance #11 are: 1. To provide clarity that AH
Credits projects can be pursued in conjunction with other state or federal incentives for affordable
housing development. 2. Allow for phased issuances of AH certificates to correspond with construction
phasing. 3. 1.2 Multiplier for FTEs generated within a designated historic structure. 4. Flexibility for
credit issuance in the deed restricting of existing free market multifamily residential development. He
addressed a question from council at first reading.
Councilor Richards thanked Ben for showing the math and the difference it would make.
Mayor Torre opened public comment.
Amos Underwood – Mr. Underwood said he has an issue with the multiplier effect. By giving a multiplier
away, you are disincentivizing more affordable housing, so he doesn’t think it’s a good idea at all.
Peter Fornell – Mr. Fornell said regarding phased issuance, he supports it completely. With regard to the
multiplier, let’s let someone build a dollar and a quarter worth of work instead of giving them 1.25
worth of credits.
Mayor Torre closed public comment.
Councilor Richards said we can’t guarantee the number of FTE’s per given unit. This creates a little more
value for those who want to turn a historic structure into an affordable housing project. She wants to
move this forward.
Councilor Hauensteinwants to move this forward.
Councilor Mesirow said he wants to move this forward as is. He doesn’t want to send it back or
overcomplicate it. This is the breadcrumbs of the program and they are all important. The really meaty
stuff is in the hopper, but it needs to be done right and this is the first step.
Mayor Torre asked for clarification regarding Amos’ comment. Mr. Anderson said he makes a fair point
and staff definitely thought about it, but they still feel that it incentivizes affordable housing.
Councilor Richards motioned to approve Ordinance #11, Series of 2021; Councilor Hauenstein seconded.
Mayor Torre thanked Peter and Amos for calling in to share their thoughts. He had a huge issue with the
multiplier at first, but as Rachel pointed out, we haven’t seen one of these completed yet, so if it’s not
working for our advantage, we will revisit.
Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Ordinance #12, Series of 2021 – Multi-Family Replacement – Ben Anderson, City Planner
Mr. Anderson said this ordinance doesn’t have anything significant as far as policy change. This is a
clean-up of the current code for readability and clarity.
Councilor Richards made it clear that this ordinance has nothing to do with the multi-family discussion
that is coming up next and Mr. Anderson confirmed.
Mayor Torre opened the public comment.
27
6
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
Peter Fornell – Mr. Fornell asked Mr. Anderson if this pertains to green market conversion to deed-
restricted. Mr. Anderson said this is one of the possibilities here if multi-family units are replaced or
redeveloped. Mr. Fornell said for the benefit of the next generation, we are losing the opportunity for
people that don’t fit the mold for deed-restricted to buy free market real estate. We should put weight
on this.
Mayor Torre closed public comment.
Councilor Richards motioned to approve; Councilor Hauenstein seconded.
Councilor Hauenstein said he understands Peter’s point, but he doesn’t think anyone is losing an
opportunity with these rundown marginal places.
Mayor Torre said they will keep an eye on what Peter was saying and there is more work to be done
here.
Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Ordinance #13, Series of 2021 –Elimination of Lodge Credit and Incentives – Ben Anderson, City Planner
Mr. Anderson said this ordinance is a reflection of some community priorities. Staff is proposing to
eliminate the following: 1. Lodge density and unit size incentive. 2. Employee generation credit for
existing lodge rooms in redevelopment scenarios.
Councilor Hauenstein said this addresses his biggest regret from his first term regarding the Lift One
corridor and loss of workforce housing mitigation so he is happy to see this go away. He thanked staff.
Councilor Richards dittoed what Ward said.
Councilor Mesirow said he supports this. He doesn’t feel they need more lodging in town. He asked how
we can look at diversity of lodging as opposed to more lodging.
Mayor Torre opened the public hearing.
Mayor Torre closed the public hearing.
Councilor Hauenstein motioned to approve Ordinance #13, Series of 2021; Councilor Richards seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Resolution #046, Series of 2021 – Policy Resolution – Code Amendment – RMF and RMFA Zone Districts
– Ben Anderson, City Planner
Mr. Anderson said there are two parts to this. If council wishes to approve this resolution in a public
hearing, we will then have first reading for a proposed Ordinance #14. This has been proposed by a third
party. Council gave permission for the applicant to apply via Resolution #16, Series of 2021 and public
outreach has been done. The purpose is to determine if council wishes to evaluate the merits of the
proposed amendment. If yes, the council should approve the policy resolution and allow the ordinance
process to proceed. If no, council should deny the policy resolution and the amendment will not proceed
to first reading. Mr. Anderson described the proposed changes and explained the public outreach
process. He explained that a resolution recommending approval was presented to P&Z and they voted
to neither approve nor deny. One member clearly stated support, one member clearly stated opposition
28
7
REGULAR MEETING ASPEN CITY COUNCIL MAY 11TH, 2021
and four members had various reasons for not wanting to pass the resolution. Staff is recommending
approval of Resolution #046 Series of 2021.
Council asked several clarifying questions of Mr. Anderson.
Applicant Presentation: Chris Bendon of Bendon Adams representing applicant, Tridell Real Estate.
Mr. Bendon shared a map of Aspen with the proposed areas of town. He gave details on the RMF zone
districts. He verified the language as Mr. Anderson described, adding to allow lots of 3,000 square feet
for multi-family. He provided an analysis of mass and scale and a comparison of affordable housing and
parking. He provided feedback from the community survey and said most respondents are full time
residents and showed low support for additional density. He summarized the opinions and comments
from the planning and zoning commission.
Council asked questions of Mr. Bendon and Mr. Anderson and discussion continued.
Mayor Torre opened public comment.
Jim VeShancey – Mr. VeShancey said his comments have to do with community interest. Most of the
community feedback has been negative. At the P&Z meeting, there were 36 people from the community
present and every person spoke out against this resolution. If you have seen letters from the public, they
are mostly universally against this.
Michael Smith – Mr. Smith said he agrees with Jim. He said Rachel raised an interesting question and it
goes to how the public feels about this. He has a residence in this district and feels this needs to be
studied more. Get rid of the fee-in-lieu for parking. If you are going to allow max density, you have to go
back to on-site parking. He thinks the city planning department needs to do more study on this.
Mayor Torre said he would like clarification on the 81%. Mr. Bendon said 19 out of 100 respondents
were supportive.
Peter Fornell – Mr. Fornell said parking makes him mad. He thinks cars are a temporary affliction and
he’s tired of this. Urban sprawl is a terrible thing. He wants to see people living in town and not
stretched out.
Marilee Susi – Ms. Susi has been a resident of east Aspen since 2005. She said this impact is far more
than what is being presented. Mr. Bendon’s clients are out of town developers. Employee housing is not
an incentive in this project, but just a profit-making project. There would be a tremendous amount of
tree removal. The buildings will be square and monolithic structures with homes looking into other
homes. She really believes that what is being shown, is not what is going to be built. A lot of the
employee housing would not be on the property and he said this in the P&Z meeting. She said she
disagrees with Peter and said everyone in Aspen has a car. We would be talking about at least 200 cars
plus their guests.
Sheri Sack – Ms. Sack said she is a full-time resident of this neighborhood. These changes must be made
in a thoughtful way with impact studies and analysis. This proposal is not that. This is an independent
one-off regulation change coming from a financially motivated entity not familiar with the
neighborhood. Do this the right way and when done properly, it is easier to accept even if the
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community doesn’t agree with it. It’s great to say, in theory, that parking doesn’t matter, until you have
to park your car.
Jim VeShancey – Mr. VeShancey said at the P&Z meeting, the members were very conflicted with only
one who was in support. He reiterated that this meeting is a perfect example of why community interest
is not very strong.
Mayor Torre closed public comment. He mentioned all of the emails from the public that have come in
addition to the comments tonight.
Councilor Mesirow said he lived in this zone district for a number of years. This is being pitched as an
opportunity to house more individuals locally. Housing is our number one goal, but he doesn’t see this
happening. If he thought this would deliver full-time, year-round, working residents, he could support it,
but he doesn’t see that. These will just be more empty apartments. He won’t support or move this
forward, as written. He could entertain, moving forward, is what would achieve people living in these
units.
Councilor Hauenstein said he cannot agree to send this forward. He doesn’t see any community interest
in approving the amendment.
Councilor Richards said she always looks at what the future is for our community with every decision
that is made. She appreciates the comments and letters that they have received. She made clear for the
record, that when APCHA discussed this and made a recommendation of support, she abstained and did
not participate. There should be a larger look at this. She will not be supporting this tonight but feels
there should be a larger look at all of the zone districts. She worries that all the affordable housing
program has done is to allow commercial landlords to charge exorbitant rents that they never could get
if they had to pay people a living wage in Aspen.
Mayor Torre thanked Chris for his application and said the conversation tonight has been good. For him,
in a different time, this could be an embraced proposal, but that is not the times we are in. He agrees
that this should be looked at across all zones. Code changes like this should be beneficial to the
community.
Chris Bendon asked to make a few last comments. He feels this is a compromise worth pursuing.
Councilor Mesirow thanked Chris. He appreciates thisin a static environment, but this doesn’t hold
weight for him in a dynamic environment. If we are going to consider more density, making sure it’s all
RO, is the way to do it and then we can have our cake and eat it too.
Councilor Richards said she appreciates Chris’ effort although she feels it’s not fully baked. She has a
heavy heart about saying no, but it needs to be a little more comprehensive. This gets really challenging
because we’re part of a community who wants our cake, wants to eat it and doesn’t want any calories.
Mr. Bendon said the client is asking to continue this item and possibly work with staff on some of these
issues.
Councilor Hauenstein said this could come back later as another resolution with some changes made. He
is still going to vote no on Resolution #046.
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Mr. True said this resolution could come back at a later date and isn’t in the position to continue and be
modified. He suggested to pass and have first reading of the ordinance or to vote to deny this
resolution.
Phillip Supino, Community Development Director, asked to work with the applicant and bring back a
clean and new resolution at a later date.
Mayor Torre said he thinks that is the best path forward. He doesn’t hear the support for as proposed.
Councilor Richards and Hauenstein both agreed with Torre.
Councilor Hauenstein moved for denial of Resolution #046, Series of 2021; Councilor Mesirow seconded.
Roll call: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Councilor Richards motioned to adjourn; Councilor Mesirow seconded. Roll call vote: Hauenstein, yes;
Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
_______________________________
City Clerk, Nicole Henning
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