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HomeMy WebLinkAboutagenda.council.regular.20151201 CITY COUNCIL AGENDA December 01, 2015 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (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 Deletions and Additions c) City Manager's Comments d) Board Reports VI. Notice of Call-Up VII. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #138, Series of 2015 - Wheeler Security System Purchase Approval b) Minutes - November 23, 2015 VIII. First Reading of Ordinances a) Ordinance #47, Series of 2015 - Amending review process for fee-in-lieu payments IX. Public Hearings a) Resolution #119, Series of 2015 - 2016 Mill Levy b) Resolution #136, Series of 2015 - Policy Resolution - Residential Design Standards Code Amendment c) Resolution #137, Series 2015 - 611 E Durant Ave Gondola Plaza Ski Storage Temporary Use d) Resolution #135, Series 2015 - Temporary Use Request Grey Lady Restaurant X. Action Items XI. Adjournment Next Regular Meeting December 14, 2015 COUNCIL’S ADOPTED GUIDELINES • Make Decisions Based on 30 Year Vision • Tone and Tenor Matter • Remember Where We’re Living and Why We’re Here P1 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. P2 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Gena Buhler, Wheeler Executive Director THRU: Randy Ready, Assistant City Manager DATE OF MEMO: November 20, 2015 MEETING DATE: December 1, 2015 RE: Wheeler Security System Purchase Approval REQUEST OF COUNCIL: Wheeler staff requests award of a contract to Proguard for the installation of upgraded and expanded security camera and door access systems at the Wheeler Opera House. The total contract award is for $30,000 and will include the equipment, installation and programming to complete expansion and completion. BACKGROUND: This project is included as a part of the 2016 Wheeler Asset Management Plan. The system is scheduled for installation in early January 2016, with approval of the contract needed in 2015. DISCUSSION: The existing surveillance and door access system to the Wheeler Opera House is antiquated and requires upgrading before expansion can be done. With the 2nd floor renovation, additional camera and door access positions are to be installed. A simultaneous upgrade and expansion will provide Wheeler staff with modern surveillance and door access that will also be available to COA police for their needs. The Yellowbrick has recently also used Proguard for their security system upgrade. FINANCIAL/BUDGET IMPACTS: The existing budget appropriation of $30,000 for Security Cameras will be used to cover this project cost of $30,000. RECOMMENDED ACTION: Wheeler Staff recommends Council approve the contract with Proguard for $30,000. ALTERNATIVES: Alternatives are limited. One alternative may be to revisit an ITB, soliciting bids for equipment that will not be as well supported, installed or dependable as the vetted Proguard system. P3 VII.a Page 2 of 2 PROPOSED MOTION: Approval of the Proguard security upgrade and expansion for the Wheeler Opera House. CITY MANAGER COMMENTS: ATTACHMENTS: P4 VII.a RESOLUTION #138 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PROGUARD PROTECTION SERVICES INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for surveillance system updates, between the City of Aspen and Proguard Protection Services Inc., 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 that Contract for surveillance system updates, between the City of Aspen and Proguard Protection Services Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 1st day of December 2015. Steven Skadron, Mayor I, Linda Manning, 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, December 1, 2015. Linda Manning, City Clerk P5 VII.a Agreement for Procurement and Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT - V2010 PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2015-133. AGREEMENT made as of 23rd day of November, in the year 2015. BETWEEN the City: Contract Amount: The City of Aspen c/o Wheeler Opera House 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5055 And the Professional: Proguard Protection Services Inc. c/o ___________________________________ PO Box 3409 Basalt, CO 81621 Phone: 970-920-2026 For the Following Project: Installation of video surveillance equipment, replace existing door controller. ____________________________________________________________________________ Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. 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. City Council Approval: Date: December 1, 2015 Resolution No.:___________________ Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Hourly Fee Schedule. Procurement: $23,280.00 Professional Services: $ 6,256.00 Total: $29,536.00 P6 VII.a Agreement for Procurement and Professional Services Page 1 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. Delivery. (FOB 320 East Hyman Avenue, 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. See attachment D 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the 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. PROFESSIONAL SERVICES 6. Scope 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. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than February 15, 2016, with the installation and operation of all the equipment no later than February 15, 2016. 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-Assignability. 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 P7 VII.a Agreement for Procurement and Professional Services Page 2 for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 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. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all 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 parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 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 compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense P8 VII.a Agreement for Procurement and Professional Services Page 3 for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 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 P9 VII.a Agreement for Procurement and Professional Services Page 4 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 contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by P10 VII.a Agreement for Procurement and Professional Services Page 5 CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness 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, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 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 regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 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 contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. P11 VII.a Agreement for Procurement and Professional Services Page 6 “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public 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. P12 VII.a Agreement for Procurement and Professional Services Page 7 (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 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 fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for P13 VII.a Agreement for Procurement and Professional Services Page 8 ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 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 instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. P14 VII.a P 1 5 V I I . a Agreement for Procurement and Professional Services Page 10 EXHIBIT A List of supplies, equipment, or materials to be purchased Video Surveillance System 1 Digital Watchdog Cube NVR 6tb $3,795.00 $3,795.00 2 Ubiquiti PoE ToughtSwitch 8 channel 425.00 $ 850.00 3 SW Ext. IP IR Camera Arctic Rated 1,095.00 $3,285.00 6 Axis Int. IP 360 degree dome 950.00 $5,700.00 1 Digital Watchdog Int. IR IP Dome 950.00 $ 950.00 1 Exis Indoor Dome Camera 750.00 $ 750.00 7 Camera licenses 100.00 $ 700.00 Equipment Subtotal $16,030.00 Door Access System 1 Interlogix TruPortal TP-SYS-2D controller $1095.00 $1,095.00 2 Interlogix TruPortal Expansion (2 doors) $ 950.00 $1,900.00 4 Ext. Rated Keypad/Prox Readers $ 650.00 $2,600.00 2 In. Rated Keypay/Prox Readers $ 500.00 $1,000.00 2 Interior Door Strikes $ 215.00 $ 430.00 1 Altronix Power Supply 17.5a $ 225.00 $ 225.00 Equipment Subtotal $7,250.00 Equipment Total $23,280.00 P16 VII.a Agreement for Procurement and Professional Services Page 11 EXHIBIT B Scope of Work Video Surveillance System Proguard will replace existing NVR and cameras, upgrade utilizing existing cabling, and add new cameras in the Wheeler Opera House in Aspen, Colorado.  120v AC Power and network connection to provided at NVR location office.  Assumes CAT5e wire is in working condition.  Network connection/programming to be provided by others.  Cut, patch and paint to be provided by others.  Existing IR illuminators will be used.  Specialized lifts/ladders/or scaffolding to be provided by others. Digital Watchdog Cube NVR 6tb installed Ex. Head end location. Ubiquiti PoE ToughSwitch 8 channel installed Head End, A/V Closet DW Ent. IP IR Camera Arctic Rated installed Ex. Parking Lot locations. Existing cabling/conduit/locations will be used in parking lot. Axis Int. IP 360 degree dome installed:  Main level  Ticket lobby and hall  Second level theatre lobby  Theatre lobby  Elevator hall Door Access System Scope of Work consists of:  Replace existing door controller and upgrade utilizing existing cabling.  Replace keypads at existing locations.  Programming and instruction included.  Add access doors (2) in theatre back hall and main level back stairs  Existing door locking hardware and cabling will be used assuming satisfactory working condition  Network connection/programming to be provided by others  AC Power and network connection will be available at existing controller location  Cut, patch, and paint to be provided by others P17 VII.a Agreement for Procurement and Professional Services Page 12 EXHIBIT C Labor Hourly Fee Schedule Video Surveillance System 36 hours of labor at $92.00 per hour $3,312.00 Door Access System 32 hours of labor at $92.00 per hour $2,944.00 Total Labor $ 6,256.00 Total Equipment $23,280.00 Total Contract Value $29,536.00 Work shall take place in January of 2016. The City agrees to pay 50% down and the balance upon satisfactory completion. Additional work outside the scope of work shall be quoted as needed. P18 VII.a interlogix.com TruPortal / Access Control OVERVIEW TruPortal offers an IP Appliance-Based Access Control System integrated with the TruVision® line of video products that is designed for small- to medium-sized commercial buildings. The easy-to-install system features a browser-based interface that does not require specialized training, additional software or licensing. A companion iPad® app enables users to remotely monitor system activity and perform basic administrative tasks, such as adding or deleting users. Plus, mobile users of the native iPhone® or Android phone application can perform the most common command and control functions including video, reports and door commands directly from their phone. A user-friendly interface, online help fi les, built-in tool tips, intuitive searching and fl exible reporting methods all ensure a frustration-free user experience. Analog and IP video is provided via integration with the TruVision line allowing for in-browser video verifi cation and alarm tagging. End-user administration of the system is made easy with built-in wizards that guide the administrator through the different setup screens, as well as items like Access Levels, Schedules, Holidays and Reader Groups. Multiple levels of operators can be confi gured, with fi ve levels incorporated by default. STANDARD FEATURES • Web-based application without additional software or licensing • Seamlessly links video to access control system • Video can be viewed and controlled via browser • Monitor and control up to 132 inputs and 66 outputs • iPad app allows remote access and monitoring • Simple system installation requires no special training • User-friendly interface and built-in confi guration wizards • Hardware discovery on initial and subsequent hardware installations • Utility for Import/Export of cardholders • FCC, Class A and CE compliant • Supports up to 10,000 persons and 10,000 credentials with 5 credentials per person • Supports up to 64 access levels with 8 levels of access per credential • Supports up to 64 schedules with 6 intervals per schedule • Supports up to 64 reader groups, 32 operator roles, 8 free confi gurable card formats, and 64 readers or doors in a fl exible confi guration • Supports up to 5 clients simultaneously • Available in following languages: English, Dutch, French, Spanish, Portuguese, Finnish, Italian, Turkish, Swedish and German. • Features 10 customizable user-defi ned fi elds • Expanded video: including IP video through the TruVision line • Save video clips • Confi gurable ports • Wireless lock support for Assa Abloy and Schlage • Automatic photo resizing • Additional RTE options (suppress door strike) • Data migration from Topaz • iPhone and Android applications • iPad application enhancements • Supports up to 32 action triggers with 10 actions per trigger • Scheduled database backup • Email notifi cations for system events and as an action • IP single door controller with advanced fallback mode TruPortal 1.6 New Features • Expanded TruVision recorder support • Generic TruVision recorder support • Card or PIN only reader mode • Improved UI experience for adding unknown badges and UI wizards • TruProtal API Web services TruPortal™ Access Control 2-Door Base System P19 VII.a Door Reader Reader Reader Reader Door System Controller Digital Video Recorders Dual Door Interface Module RS-485 SNAPP Input/Output Expansion Module Power Supply & Battery Power Supply & Battery Door Reader Reader Door Reader Reader RS-485 SNAPP TCP/IP NETWORK IP-Based Single Door Controller (IPSDC) PoE or External Power Supply w/Battery Backup Door Reader Reader Key Functions Installation/Ease-of-Use Features Wizards walk users through installation and other common tasks, while Tool Tips provide descriptions of system features. Reports Easily customize reports and fi lter based on individuals, locations or times. Customizable Confi guration Cardholder database offers customized fi elds to track and generate reports. Seamless Video Integration Associate and control video related to access control system events. System Diagram Note: Use of PoE confi guration has not been evaluated by UL. P20 VII.a Up to 4 DVRs/NVRs Up to 16 cameras total per DVR/NVR Up to 64 cameras total per DVR/NVR Exactly 1 master controller Up to 64 doorsTP-ADD-2D TP-ADD-1DIP RS-485 Dealer remote access iPhone®iPad® Android phone WAN Up to 5 simultaneous clients TCP/IP Network Up to 10,000 cardholders Controller Specifi cations Description Cardholders and Credentials Up to 10,000 total (up to 5 credentials per cardholder) Doors and Readers Expandable to 64 doors or 64 readers Access Levels 64 total (up to 8 per credential) Anti-Passback Up to 64 areas (Hard/Soft modes confi gurable per reader) Event History 65,000 historical events Schedules and Holidays 64 schedules/255 holidays Enclosure Size (WxHxD) 21-1/4 x 13-5/8 x 4-1/4 in. Certifi cations UL, RoHS, CE Hardware Recommendation Intel Pentium 4 2.8 GHz Processor 1 GB of memory 512 MB Video Card 1 GB free disk space 10/100 Ethernet Network Interface Card 1280 x 1024 screen resolution Video Performance Directly depends on the available RAM and the processor. Software Requirements Microsoft Windows XP SP3 (only for Web UI) Microsoft Windows 7 32- or 64- bit Microsoft Windows 8 64-bit, Classic mode only Bonjour Print Services .NET 4.5 framework Adobe Flash plug-in 11.2 or higher Reader Modes Card Only Card + PIN Card or PIN Supported Readers Supports Wiegand Data1/Data0 Typical Credential Technologies 125 kHz 13.56 MHz(ISO 15693 & 14443A, B) Typical Proximity Cards Interlogix Proximity HID® Proximity HID® Proximity Corp. 1000 Typical Smart Cards MIFARE® (ISO 14443A) card serial number (CSN) MIFARE®/DESFIRE® CSN Vicinity (ISO 15693) CSN HID® iCLASS® CSN Supported Digital Video Recorders TruVision DVR 11, 12, 42, 60, (legacy - 41) TruVision NVR 10, 21, 21P, 50 Generic TV recorder support Supported Browsers Windows Internet Explorer Version 8,9,10 and 11 (video only supported with IE) Chrome, version 22 or later Safari, version 6.02 or later Firefox, version 16 Application Drawing P21 VII.a 13.625 in. (346 mm) Inside Side 4.25 in. (108 mm) 2 1 . 2 5 i n . ( 5 4 0 m m ) 13.625 in. (346 mm) Front 2 1 . 2 5 i n . ( 5 4 0 m m ) North America T 855-286-8889 Latin America T 561-998-6114 Ordering Information Base Systems TP-SYS-2D TruPortal™ 2-Door Base System. Consists of a TruPortal System Controller installed in UL-listed enclosure w/integrated power supply/standby battery charger. TP-SYS-2D2R TruPortal 2-Door Base System with readers. Consists of a TP-SYS-2D bundled w/two (2) TP-RDR-100A Prox Readers and fi ve (5) TP-PRX-FK Prox Keyfobs. TP-SYS-BRD TruPortal System Controller. For spare parts only. Add-Ons TP-ADD-2D TruPortal 2-Door Add-on Kit. Consists of a TruPortal 2-Door Interface Module installed in UL-listed enclosure w/4 AMP power supply. TP-ADD-2D2R TruPortal 2-Door Add-on Kit with readers. Consists of a TruPortal 2-Door Interface Module installed in UL-listed enclosure w/4 AMP power supply. Includes two (2) T-100 Prox Readers and fi ve (5) TP-PRX-FK Prox Keyfobs. TP-ADD-2D-BRD TruPortal 2-Door Interface Module. Board only. For installation into an existing TP-ADD-2D, TP-ADD-2D2R or TP-ADD-4D. TP-ADD-IO TruPortal I/O Expansion Add-on Kit. Consists of a TruPortal 16 input, 8 output I/O Expansion Module installed in a UL-listed enclosure w/4 AMP power supply. TP-ADD-IO-BRD TruPortal I/O Expansion Module. Board(s) only. 16 inputs and 8 relay output (consists of 2 separate but interconnected boards). For spare parts or for installation into an existing TP-SYS-2D. TP-ADD-1DIP TruPortal IP-Based Single-Door Add-on Kit. Consists of TruPortal 1-door interface module installed in a UL listed enclosure. TP-ADD-1DIP-BRD TruPortal IP-Based Single Door Module. Board only. TP-ADD-4D TruPortal 4-Door Add-on Kit. Consists of large TruPortal enclosure (TP-CTX6 w/6 AMP Power Supply) prepopulated with two 2-door add-on boards (TP-ADD-2D-BRD. Note this enclosure can support up to 4 other Add-on Boards, TP-ADD-I0-BRD or TP-ADD-2D-BRD). Readers TP-RDR-100A TruPortal T-100 Series Reader (mini-mullion mount, Proxlite/HID,® 3 covers, 18"/45.7cm pigtail wire, Wiegand output) TP-RDR-100B TruPortal T-100 Series Reader (mini-mullion mount, Proxlite/HID,® 3 covers, 84"/214cm pigtail wire, Wiegand output) TP-RDR-200A TruPortal T-200 Series Reader (mini-mullion mount, Vicinity (ISO 15693)/Proximity (ISO14443), 3 covers, 18"/45.7cm pigtail wire, Wiegand output) TP-RDR-200B TruPortal T-200 Series Reader (mini-mullion mount, Vicinity (ISO 15693)/Proximity (ISO14443), 3 covers, 84"/214cm pigtail wire, Wiegand output) 430209004/5/6 - T-500W Casi Proximity, MIFARE® (ISO14443A) and Vicinity (ISO15693), HID proximity & Corp 1000, Wiegand or F/2F output*, Mullion Mount, Gray/Charcoal/Black, 18” pigtail wire 430210004/5/6 - T-520W Casi Proximity, MIFARE® (ISO14443A) and Vicinity (ISO15693), HID proximity & Corp 1000, Wiegand or F/2Foutput*, Single-width USA electrical box mount, Gray/Charcoal/Black, 18” pigtail wire 430211004/5/6 - T-525W Casi Proximity, MIFARE® (ISO14443A) and Vicinity (ISO15693), HID proximity & Corp 1000, Wiegand or F/2F output*, 12-key keypad, single-width USA electrical box mount, Gray/Charcoal/Black, 18” pigtail wire Note: Backup battery must be purchased separately. *TruPortal supports Wiegand only input. For T-500 Series reader 4/5/6 denote reader colors Gray/Charcoal/Black. For Keypad readers select T-525W reader. Accessories TP-RDR-LRN Dual-Frequency Enrollment Reader. Connects to PC via USB interface. TP-CTX TruPortal 2 Board Expansion Enclosure; 16 x 12.5 x 4.5 enclosure with lock and keys - standoffs to mount boards and tamper switch; NO power supply included; Installs up to 2 TP-ADD. TP-CTX6 TruPortal 6 Board Expansion Enclosure; 24.5 x 18.5 x 4.5 enclosure with lock and keys - standoffs to mount boards and tamper switch; NO power supply included; Installs up to 6 TP-ADD. Credentials TP-PRX-CLAM-50PK TruPortal Credential - HID® Proxcard® II Clamshell Design Cards - 50 Pack TP-PRX-KF-50PK TruPortal Credential - HID® Prox Keyfobs - 50 Pack TP-PRX-ISO-50PK TruPortal Credential - HID® Prox ISO Cards - 50 Pack Note: Compatible with T-100 and T-500 readers TP-MFC-ISO-50PK TruPortal Credential - MIFARE® Classic ISO Cards no Magstripe Gloss/Gloss - 50 Pack TP-MFC-ISOM-50PK TruPortal Credential - MIFARE® Classic ISO cards 2750OE Magstripe Gloss/Gloss - 50 Pack TP-MFC-KF-BK-25PK TruPortal Credential - MIFARE® Classic Keyfobs Piano Black - 25 Pack TP-MFC-KF-OG-25PK TruPortal Credential - MIFARE® Classic Keyfobs Piano TruPortal Orange - 25 Pack TP-MFC-KF-LG-25PK TruPortal Credential - MIFARE® Classic Keyfobs Epoxy Slender - TruPortal Orange - 25 Pack Note: Compatible with T-500 readers TP-CP-KF-BK-25PK TruPortal Credential - Interlogix Prox Keyfobs Piano Black - 25 Pack TP-CP-KF-OG-25PK TruPortal Credential - Interlogix Prox Keyfobs Piano TruPortal Orange - 25 Pack TP-CP-KF-LG-25PK TruPortal Credential - Interlogix Prox Keyfobs Epoxy Slender - TruPortal Logo - 25 Pack Note: Compatible with T-200 and T-500 readers Dimensional Diagram TruPortal ™ Access Control 2-Door Base System Specifi cations subject to change without notice. © 2014 United Technologies Corporation. All rights reserved. Interlogix is part of UTC Building & Industrial Systems, a unit of United Technologies Corporation. 411-3875 2014/11 (80071) interlogix.com P22 VII.a UTC  Building  &  Industrial  Systems  August  17,  2015   Return  &  Warranty  Policy  for  Dealers     Warranty  &  Return  Policy  ©  2015  United  Technologies  Corporation    Page  1     This Return & Warranty Policy (“Policy”) applies to products and services purchased directly from the following UTC Building & Industrial Systems’ business: UTC Fire & Security Americas Corporation, Inc. or its successors or assigns (“UTCFSA”) by an independent dealer approved by UTCFSA for resale to homeowners or independent business integrators (“Dealers,” “you,” or “your”). The terms and conditions of this Return & Warranty Policy are subject to change. The most recent version of the Return & Warranty Policy controls, and will generally be available at   www.interlogix.com/resources/customer- support/Return_and_Warranty_Policy.pdf. If you have questions about this Policy, contact the appropriate customer service center or your sales representative. All periods of days set forth herein are calendar days unless otherwise stated. Warranty Repair/Replacements Subject to the terms and conditions of the limited warranty in effect at the time of purchase, which is set forth in the UTC Fire & Security Terms and Conditions of Sale available at www.interlogix.com/resources/customer- support/Terms_and_Conditions.pdf , and the terms and conditions of this Policy, UTCFSA will repair or replace defective or non- working product within the product’s warranty period set forth in this Policy. UTCFSA reserves the right to replace any product under warranty with new, refurbished or remanufactured product or to refund the purchase price (less reasonable depreciation for any period of use). For product purchased by a Dealer from a distributor approved by UTCFSA (“Distributor”), the Dealer should check with its Distributor for the terms of the return, which will be governed by the Return & Warranty Policy for Distributors rather than this policy. Product warranty repair/replacements of UTCFSA product purchases are only permitted for defective or non-working product, which may be established via product troubleshooting with the UTCFSA Tech Support department. In cases of established product failure for products Dealer purchased directly from UTCFSA, the UTCFSA Tech Support department will provide a case number to provide Customer Service or to submit in an RMA form. If a Dealer returns product to UTCFSA, and UTCFSA determines the product is in working condition or NTF (No Trouble Found) then no compensation for the cost of the unit will be provided by UTCFSA to the Dealer under the product warranty, even if the Dealer has conducted an exchange of the product for a customer. If the Dealer seeks product warranty repair/replacements of UTCFSA products purchased from a Distributor, then such repairs and replacements are governed by the Return & Warranty Policy for Distributors rather than this policy. In the event of any dispute regarding the terms or applicability of a warranty, UTCFSA, in its sole discretion, shall determine whether a warranty applies and, if it does, the terms and conditions of such warranty.     NO  IMPLIED  WARRANTY  OF  MERCHANTABILITY,  FITNESS   FOR  A  PARTICULAR   PURPOSE,   OR   IMPLIED   WARRANTY   ARISING   FROM   COURSE   OF   DEALING   OR   USAGE   OF   TRADE  SHALL  APPLY.   Warranty periods vary based on product category and type of equipment, as shown in Table 1 entitled “Product warranty periods” below. Product Warranty Periods Table 1 lists warranty durations for most UTCFSA equipment, sorted by category. Warranty periods start as set forth under the heading “Warranty repair/replacements” above. For items that do not appear in Table 1, contact Customer Service or your sales representative for the applicable policy. TABLE 1: Product Warranty Periods  Product Warranty Period Ac c e s s Proximity readers Lifetime Cards (minimum 10 cards for return) 5 years Manufactured hardware 2 years Magstripe cards 1 year Facility Commander Wnx, Picture Perfect, Secure Perfect, Topaz, Diamond, Sapphire, Alliance, Director, other software products 1 year Fi r e Fire alarm control panels 3 years Air duct detectors 3 years Heat detectors 3 years Notification appliances 3 years Pull stations, fire stations 3 years Smoke detectors 3 years  Computers, computer option cards, file servers, monitors, touchscreens 1 year In t r u s i o n Hardwired contacts, hardwired sensors, passive modules and components 5 years Wireless sensors 2 years Security controls, panels, powered modules and components (e.g., Simon XT, AdvisorOne, ZeroWire, NetworX IP Communications Module, touchscreens, cellular modules, etc.) 2 years Vi d e o a n d T r a n s m i s s i o n IFS fiber transmission and UTP products Lifetime IFS network products and media converters 3 years IFS power supplies for transmission products 2 years Fiber Options fiber optic products 5 years TruVision and UltraView fixed cameras 3 years TruVision analog and IP PTZ cameras 2 years UltraView analog PTZ cameras 3 years UltraView IP PTZ cameras 2 years TruVision and UltraView LCD monitors 3 years TruVision and UltraView LCD monitors (GEL-xxxx series) 2 years TruVision DVRs and NVRs 3 years TruVision encoders and decoders 2 years Vo i c e Manufactured hardware 3 years Computers, file servers, monitors, touchscreens, other OEM products (still need?) OEM warranty Remote controls 1 year Fuses, lamps None Ot h e r Edwards Signaling products 2 years GE or UTC-branded third-party OEM (original equipment manufacturer) product OEM warranty Third-party product Third-party warranty B-stock products 1 year B-stock Digia II, SymSafe Series and SymDec 16 DVRs 3 years UltraConnect™, UltraSync™ None P23 VII.a UTC  Building  &  Industrial  Systems  August  17,  2015   Return  &  Warranty  Policy  for  Dealers     Warranty  &  Return  Policy  ©  2015  United  Technologies  Corporation    Page  2     Returning UTCFSA Products Before you can return any product to UTCFSA, you must obtain a return material authorization (RMA). This applies to all product returns, including warranty repair/replacements, non-warranty repairs, advance replacements, and credit returns. For Advance Replacement the Dealer (regardless of whether the product has been purchased directly from UTCFSA or a Distributor) must first obtain a Tech Support Case Number by calling the UTCFSA Tech Support department. In order to obtain a Tech Support Case Number the Dealer must contact the Tech Support department while the product is still installed and attempt to troubleshoot any issue. If the Tech Support department determines that the product must be returned for further evaluation they will issue a Tech Support Case Number, which is required before any Advance Replacement will be accepted. To obtain an RMA, contact the appropriate UTCFSA customer service center (see “Customer Service Centers”) for your product, and have the product and the following information ready: • Customer account # (required for all RMA requests) • Original PO (If the original PO is not provided, the processing time may be delayed for warranty repair/replacements, advance replacements, and other returns and replacements subject to a time limit. If the original PO is not provided, UTCFSA will attempt to validate the purchase of the product within the applicable time period for the type of return sought. If the purchase time period cannot be validated for a return subject to a time limit, no RMA will be provided, and the return will be declined.) • New PO number (required for repair requests) • Part number • Serial number (when applicable) • Reason for return (capture in RMA form) •  Tech Support Case Number Customer Service will provide you with an RMA number and an enhanced RMA acknowledgment form that confirms your request. Once you have the RMA, repackage the product as described in the section entitled “Packaging your shipment” and attach the RMA Return location address and bar code section from the RMA acknowledgement to the outside of the package. All products must be returned freight prepaid within 30 days of obtaining an RMA. An RMA may be cancelled after 30 days, in which case a new RMA must be obtained. We will not accept unauthorized returns or freight collect /COD returns; we will return these to you at your expense. If a returned product contains parts that are no longer available or repairable, we will contact you to discuss resolution and return of the material. The repair department will evaluate all equipment returned to determine warranty coverage and will resolve any questions that may arise during evaluation to make a final determination. Note: Dealer and Distributor return and warranty policies may vary. Consult your UTCFSA program agreement, if applicable, or contact your local UTCFSA sales representative for details. Customer Service Security Customer Service • Phone: 855.286.8889, Option 1 • Phone: 561.998.6114 (Latin America) • E-mail: rma@interlogix.com • E-mail: latam@interlogix.com (Latin America) Tech Support Security Technical Support • Phone: 855.286.8889, Option 2 • E-mail: techsupport@interlogix.com Non-Warranty Repairs Dealer will be charged for all repairs and shipping costs for products that are not within the product warranty period or that are not under warranty. For all such non-warranty repairs, UTCFSA will provide a repair estimate that includes charges for parts, labor (in half-hour increments) and shipping. Products receiving non-warranty repairs are granted an extended warranty of 90 calendar days from the date of shipment from UTCFSA back to the Dealer following the non-warranty repair, except for fire products, which instead are granted an extended warranty of one year. Advance Replacement In addition to product returns under our limited warranty, we offer advance replacement, which is provision of a replacement product to the Dealer by the Dealer’s Distributor from which UTCFSA products were purchased or from UTCFSA, in the event of direct purchases from UTCFSA, in advance of receiving the returned product from the Dealer, for a select group of products as listed in Table 2 below (“Advance Replacement”). For the product participating in the Advance Replacement program the following guidelines apply: No returns for Advance Replacement will be accepted unless you have obtained an RMA number and you have obtained a Tech Support Case Number as described in the section entitled “Returning UTCFSA products” above or in the Return & Warranty Policy for Distributors, if applicable. Advance Replacement products will be replaced with refurbished, remanufactured or new products at UTCFSA’s sole discretion and carry a full original equipment warranty. UTCFSA may send Advance Replacement product to replace defective equipment that has failed upon initial install for up to 365 days. Advance Replacements will ship via ground the next business day. Our repair department will evaluate the returned product to determine whether it is a warranty or non-warranty replacement and bill you accordingly. We will invoice Advance Replacements at shipment and credit you upon receipt of the defective product; provided, however, that if we determine that the returned product is in good working order or that performance issues were due to improper installation, misuse, abuse, or other user-related causes, we will issue no credit and you will remain responsible for paying the invoice, and we will return such product to you at your expense. If the defective product is part of a kit, you shall return only the defective product (i.e., you shall not return the remainder of the kit) and we will replace only the defective product through Advance Replacement. If the product was purchased or exchanged at a Distributor and no Tech Support Case Number was provided at time of exchange, no credit for the replacement unit already given to the Dealer will be issued to a Distributor. Note: Advance replacement is not available for custom, special or nonstandard products as determined in UTCFSA’s sole discretion. P24 VII.a UTC  Building  &  Industrial  Systems  August  17,  2015   Return  &  Warranty  Policy  for  Dealers     Warranty  &  Return  Policy  ©  2015  United  Technologies  Corporation    Page  3     Table 2: Advanced Replacement Eligibility (in addition to Standard Warranty) Product Category Advanced Replacement Eligible? Participating SKU’s/Product Family Remark Access Control YES Pls see Table 4 Fire NO Not Applicable Use Standard Warranty Video and Transmission YES Pls see Table 3 Intrusion YES Pls see Table 4 Voice NO Not Applicable Use Standard Warranty Other NO Not Applicable Use Standard Warranty The list of SKU’s eligible for Advanced Replacement in the video & transmission and intrusion profiles are listed in Tables 3 and 4, respectively, at the end of this policy. Refurbished B-stock Products UTCFSA occasionally offers select products for sale as B-stock— units that have been used in the field and refurbished. B-stock products are covered by different warranty conditions and durations than new products. Refurbished products come with a one-year limited warranty. Credit Returns No returns for credit or refund will be accepted unless you have obtained a return material authorization as described in the section entitled “Returning UTCFSA products”. UTCFSA will refund or credit new, standard production items that are unused and in the original unopened shipping cartons for a period of 120 days from the original date of shipment; however any returned product is subject to a 25% restocking fee if your request comes more than 60 days after the original ship date. Returns for refund or credit beyond 120 days from original shipment date will be denied. Products purchased as part of a kit must be returned in their entirety (i.e., the entire kit must be returned, not separate parts) to receive refund or credit. Refund or credit is not available for custom, special or nonstandard products. You must use credit within one year of the date of issue. All returns are subject to UTCFSA inspection and approval. Packaging Your Shipment Protecting the value of returned  products by packaging and shipping them correctly is your responsibility. The risk of loss for products being returned to UTCFSA remains with Dealer until received by UTCFSA at the UTCFSA location designated in the RMA. Dealer is responsible for compliance with all laws and regulations related to shipping any products to UTCFSA, including without limitation laws and regulations related to the shipment of regulated or hazardous materials, to the extent applicable. Dealer agrees to indemnify UTCFSA from all losses and liabilities to UTCFSA arising out of Dealer’s failure to comply with applicable laws and regulations related to shipping. UTCFSA reserves the right to deny warranty coverage for any damage caused by failing to meet the following packaging requirements: All electronic components must be taped and/or contained in their original electrostatic protective packaging or an equivalent substitute. All parts must be packed securely inside the external shipping carton to prevent mechanical or other damage. External packaging must be sufficient to protect the contents from the usual hazards of shipping. Returned products should be addressed to the correct legal entity name set forth in the RMA. If products are being returned to UTCFSA from outside of the United States, the stated value of the returned products for customs should be greater than zero, and typically should be equivalent to the purchase price of the returned products. Further, the return of such products to UTCFSA shall comply fully with the export administration and control laws and regulations of the United States government and other applicable jurisdictions, and any amendments of such laws and regulations. P25 VII.a UTC  Building  &  Industrial  Systems  August  17,  2015   Return  &  Warranty  Policy  for  Dealers     Warranty  &  Return  Policy  ©  2015  United  Technologies  Corporation    Page  4     Table 3: VIDEO Products Eligible for Advanced Replacement (in addition to Standard Warranty) Analog Cameras TVB-1101 TVB-1102 TVB-1103 TVB-1104 TVB-1105 TVB-4101 TVB-4102 TVB-4103 TVB-4104 TVB-4105 TVB-4201 TVB-4202 TVB-4203 TVB-4401 TVB-4402 TVB-4403 TVB-4404 TVC-5120-1-N TVC-5125BE-3-N TVC-6110-1-N TVC-6120-1-N TVC-BIR6-HR TVC-BIR6-MR TVC-BIR6-SR TVD-1104 TVD-4104 TVD-4202 TVD-4401 TVD-4402 TVD-4403 TVD-4404 TVD-5110-3-N TVD-5125TE-3-N TVD-6120VE-2-N TVD-6125VE-2-N TVD-DOME6-HR TVD-TIR6-HR TVD-TIR6-MR TVD-TIR6-SR TVT-1101 TVT-1102 TVT-1103 TVT-4101 TVT-4102 TVT-4103 TVT-4201 TVT-4202 TVW-1101 TVW-4101 IP Cameras TVB-1103 TVB-1104 TVB-1201 TVB-1202 TVB-1203 TVB-3103 TVB-3104 TVB-3105 TVB-3201 TVB-3202 TVC-1201 TVC-1202 TVC-3201 TVC-3202 TVC-M1220-1-N TVC-M1220-1-P TVC-M1245E-2M-N TVC-M2220-1-N TVC-M2220-1-P TVC-M3220-1-N TVC-M3220-1-P TVC-M3245E-2M-N TVC-M3245E-2M-P TVC-M5220-1-N TVC-M5220-1-P TVC-M5225E-3M-N TVC-M5225E-3M-P TVC-N220-1-N TVC-N220-1-P TVC-N225E-2M-N TVC-N240-1-N TVC-N240-1-P TVD-1201 TVD-1202 TVD-1203 TVD-1204 TVD-1205 TVD-2101 TVD-2102 TVD-2103 TVD-2104 TVD-3101 TVD-3102 TVD-3103 TVD-3104 TVD-3201 TVD-3202 TVD-3203 TVD-3204 TVD-3205 TVD-M1210V-2-N TVD-M1210W-2-N TVD-M1210W-2-P TVD-M1210W-2W-N TVD-M1210W-2W-P TVD-M1225V-2-N TVD-M1225V-2-P TVD-M1245E-2M-N TVD-M2210V-2-N TVD-M2210V-2-P TVD-M2210W-4-N TVD-M2210W-4-P TVD-M2225V-2-N TVD-M2225V-2-P TVD-M3210V-2-N TVD-M3210V-2-P TVD-M3225V-2-N TVD-M3225V-2-P TVD-M3245E-2M-N TVD-M3245E-2M-P TVD-M5225E-3M-N TVD-M5225E-3M-P TVD-M5225V-4-N TVD-M5225V-4-P TVD-N210V-2-N TVD-N210V-2-P TVD-N210W-4-N TVD-N210W-4-P TVD-N225E-2M-N TVD-N245V-2-N TVD-N245V-2-P TVF-1101 TVF-1102 TVF-1103 TVF-1104 TVF-3101 TVF-3102 TVF-3103 TVF-3104 TVW-2101 TVW-2102 TVW-2107 TVW-2108 TVW-2109 TVW-3101 TVW-3102 TVW-3102 TVW-3107 TVW-3107 TVW-3108 TVW-3108 TVW-3109 TVW-3109 Digital Recording TVN-1004CS-1T TVN-1004CS-2T TVN-1004CS-PS TVN-1004-KB1 TVN-1004-KW1 TVN-1008-KB1 TVN-1008-KW1 TVN-1008S-2T TVN-1008S-4T TVN-10162-6T TVN-1016S-3T TVN-1016S-6T TVN-2008-2T TVN-2008-4T TVN-2008-8T TVN-2016-16T TVN-2016-4T TVN-2016-8T TVN-2108-2T TVN-2108-4T TVN-2108-8T TVN-2108S-2T TVN-2108S-4T TVN-2108S-8T TVN-2116-2T TVN-2116-4T TVN-2116-8T TVN-2116P-12T TVN-2116P-16T TVN-2116P-2T TVN-2116P-4T TVN-2116P-8T TVN-2116S-16T TVN-2116S-2T TVN-2116S-4T TVN-2116S-8T TVN-2132P-12T TVN-2132P-16T TVN-2132P-4T TVN-2132P-8T TVN-5032-12T TVN-5032-16T TVN-5032-4T TVN-5032-8T TVR-1104C-1T TVR-1104C-500 TVR-1108-1T TVR-1108-2T TVR-1108D-1T TVR-1108D-2T TVR-1116-1T TVR-1116-2T TVR-1116-4T TVR-1116D-1T TVR-1116D-2T TVR-1204C-1T TVR-1204C-500 TVR-1204CHD-1T TVR-1204CHD-2T TVR-1204CHD-4T TVR-1204-KW1 TVR-1208-1T TVR-1208-2T TVR-1208HD-1T TVR-1208HD-2T TVR-1208HD-4T TVR-1208HD-8T TVR-1208-KW1 TVR-1216-1T TVR-1216HD-1T TVR-1216HD-2T TVR-1216HD-4T TVR-1216HD-8T TVR-4408HD-12T TVR-4408HD-2T TVR-4408HD-4T TVR-4408HD-8T TVR-4416HD-16T TVR-4416HD-2T TVR-4416HD-4T TVR-4416HD-8T P26 VII.a UTC  Building  &  Industrial  Systems  August  17,  2015   Return  &  Warranty  Policy  for  Dealers     Warranty  &  Return  Policy  ©  2015  United  Technologies  Corporation    Page  5     Table 4: INTRUSION Products Eligible for Advanced Replacement (in addition to Standard Warranty) 4GFXS 4GFXSG 4GFXSP 4GFXU1 4GSTS 4GSTSG 4GSTSP 4GSTU1H 16-3260 100-5420B 100-5420G 100-5420W 100-5421B 100-5421G 100-5423G 100-5424B 100-5424G 100-5424W 120-0850 120-0851 120-0860 120-0861 120-2720E 120-2720F 120-3400 120-3401 120-3402 120-3403 120-3404 120-3405 120-3406 120-3407 120-3600-CP01 120-3601D 120-3601 E 120-3601F 120-3601S 120-3602C 120-3602E 120-3602S 120-3603D 120-3603E 120-3603F 120-3603S 120-3605-CP01 120-3605E 120-3606-CP01 120-3606E 120-3606S 120-3620E 120-3625E 120-3652F 120-3654F 120-4081 120-5005 120-5007 120-5016 120-5020 120-5022 120-6301D 120-6301E 120-6301S 120-6302C 120-6302E 120-6302F 120-6303C 120-6303D 120-6303E 120-6306E 120-6320 120-6325 120-8150 120-8152 120-8206 120-8209 120-8216 120-8217 120-8218 120-8220B 120-8220G 120-8220W 120-8221G 120-8224B 120-8224G 120-8224W 120-8226 120-8953 120-9261 120-9265 120-9410 120-9412 120-9415 120-9429 120-9882N 2707AD-L5 2757D-L 420613001 420214006 430062001 430084001-CR 430084002-CR 430084501-CR 430084502-CR 430085001 430085501 430085502 430088001 430088002 430088501 430088502 430177001 430210001 430210002 430210003 430210004 430210005 430210006 430211001 430211002 430211003 430211004 430211005 430211006 430212006 430220001 430221001 430228001 430228501 430237001 430241006 430242006 430242501 430267001 520836001-CR 520845001 520847001 520848001 520849001 520850001 520851001 520852001 521209001 521209002 521209003 521210001 521210002 521210003 521211001 521211002 521211003 P27 VII.a Regular Meeting Aspen City Council November 23, 2015 1 COUNCILMEMBER COMMENTS ............................................................................................................ 2 CITY MANAGER COMMENTS ................................................................................................................ 2 BOARD REPORTS ...................................................................................................................................... 2 CONSENT CALENDAR ............................................................................................................................. 2 Resolution #127, Series of 2015 – Purchase of 81 Cale Parking Stations ............................................ 3 Resolution #132, Series of 2015 – 2016 EOTC Budget ....................................................................... 3 Resolution #134, Series of 2015 – BTC DC Fast Car Charger Purchase and Install ............................ 3 Resolution #133, Series of 2015 – New Year’s Eve Fireworks Contract ............................................. 3 Minutes – November 9, 2015 ................................................................................................................ 3 ORDINANCE #46, SERIES OF 2015 – Miscellaneous Code Amendments ............................................... 3 ORDINANCE #43, SERIES OF 2015 – 2016 Fee Ordinance ..................................................................... 4 ORDINANCES #44 AND #45, SERIES OF 2015 – Utility Rates ............................................................... 4 ORDINANCE #41, SERIES OF 2015 – Fall Supplemental Budget ............................................................ 4 P28 VII.b Regular Meeting Aspen City Council November 23, 2015 2 At 5:00 pm Mayor Skadron called the regular meeting to order with Councilmembers Mullins and Daily present. COUNCILMEMBER COMMENTS Councilman Daily wished everyone a glorious Thanksgiving. Councilwoman Mullins also wished a happy Thanksgiving to everybody. Mayor Skadron said the mountain is open. He thanked the delegation from Indonesia for their visit. There were 14 members from Paupau who are developing a resort community. They followed the delegation from Whistler which followed the delegation from Abetone. He is going to Paris on Dec 2nd and was invited from by the Mayor of Paris to attend the climate conference. CITY MANAGER COMMENTS Steve Barwick stated there is a series of upcoming meetings on repurposing the Wheeler RETT monies. The first meeting will be December 2nd from 5:30 to 6:30 at the Red Mountain Grill. The meetings will be published online and in the newspapers. BOARD REPORTS Mayor Skadron attended the RFTA board meeting where they discussed the IGA between Garfield and RFTA for joint use, the final draft of the budget and the final draft of the railroad corridor access control plan update. The chamber retreat was last week and they discussed strategies for going forward. One of the principle discussions was ensuring the chambers goals and strategies are in line with the communities. CONSENT CALENDAR Resolution 127 – parking stations Mitch Osur, parking, stated the stations were bought as an emergency last year and installed. We were paying 90 dollars per month for 13 months with 100 percent going towards the purchase price. It was in the budget to purchase in 2016. We can purchase them for 511,000 or continue to rent them for 200 dollars each per month. Resolution 134 charging stations Tim Thompson, asset, said the fast charge station will charge in 20 minutes. There is CORE grant money for the funding. They will be located on the bottom level. Councilwoman Mullins asked how much of the 29,000 is from the grant. Ryland French, canary, replied half, it is a matching grant. Councilwoman Mullins asked if there is any way to know if a station is occupied. Mr. French stated there are some apps that show availability and use. There is an internet connection built in to this station. Councilwoman Mullins asked if you will have to pay to go in to the garage. Mr. Osur replied yes, but the charging is free. Councilwoman Mullins said it would be nice to get them on the street. Mr. French commented on the Aspen Energy Challenge. Park City challenged us to the ski town show down to install the most LED light bulbs and smart thermostats. Park City did defeat us. We saw about 350 LEDs installed and 15 smart thermostats. P29 VII.b Regular Meeting Aspen City Council November 23, 2015 3 • Resolution #127, Series of 2015 – Purchase of 81 Cale Parking Stations • Resolution #132, Series of 2015 – 2016 EOTC Budget • Resolution #134, Series of 2015 – BTC DC Fast Car Charger Purchase and Install • Resolution #133, Series of 2015 – New Year’s Eve Fireworks Contract • Minutes – November 9, 2015 Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #46, SERIES OF 2015 – Miscellaneous Code Amendments Justin Barker, community development, told the Council this is largely to clarify the existing regulations and codify the existing policy. The majority of the updates are in the definitions and calculation and measurement sections. This section is largely technical and deals with how to calculate floor area and how to measure height. It needs to be updated regularly in order to address current building practices and ensure clarity in the building review. Most updates are already in existing policies. A few of the proposed updates involve building envelopes. There are a small number of properties that have these but little or no requirements are listed. They serve as setbacks rather than traditional envelopes. Another update would be projections within setbacks. The code allows for a number of projections within the setback including water features, pools, hot tubs and mechanical equipment. The proposed amendment would help clear that up and allow for screening. Unit floor area for a dwelling unit in a building that contains multiple dwelling units is also addressed. There are two different ways to calculate the floor area for these units and both ways have been used in the past. The proposal is to codify the method that aligns with other methods in the code. An implication is that many units would be nonconforming with the floor area due to the two methods of calculation. Other amendments would be for cleanup items to fix code references, remove conflicting review authorities, relocating text into the appropriate code sections. The proposed changes were sent through the newsletter and reviewed by P&Z. Staff is recommending adoption. Mayor Skadron said all code amendments are subject to a three step process including outreach, policy resolution and a public hearing. Mr. Barker replied correct. Councilwoman Mullins said urban growth boundary is referenced multiple ways including Aspen community growth boundary and Aspen metropolitan boundary. Could it be referenced one way. Mr. Barker said it could probably be unified under one term. Councilwoman Mullins said it is an important term and concept and we should pick one of the three terms and stick with it. Jim True, city attorney, said the terms are equivalent. It would get a little complicated to address it tonight and would require addressing all the specific codes. Councilwoman Mullins stated it does not have to be tonight. Mr. True said it would make sense to use one term and perhaps in another amendment. It should be fixed and there may be other code amendments we are proposing where it could be addressed. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Daily moved to adopt Ordinance #46, Series of 2015; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. P30 VII.b Regular Meeting Aspen City Council November 23, 2015 4 ORDINANCE #43, SERIES OF 2015 – 2016 Fee Ordinance Pete Strecker, finance, said there were questions at first reading around the pricing committee and how the fees get set. The pricing committee is the city manager, assistant city managers, and peer department heads. Former Councilman Derek Johnson recommended the annual review. Certain fees are reviewed every year, including recreation. Fees are set by department. Different departments are trying to achieve different subsidy levels. Fees like community development have a multiyear cost recovery. Stormwater was also reviewed this year and they are somewhat unique due to the limited number of fees. Updates since first reading include a 25 dollar permit fee for community development and a 325,000 plan review fee for interior adjustments. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #43, Series of 2015; seconded by Councilman Daily. Roll call vote. Councilmembers Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCES #44 AND #45, SERIES OF 2015 – Utility Rates Lee Ledesma, utilities, stated the rates will be effective January 1, 2016. The average increase to electric is 5 percent and water is 5.5 percent. We continue to move to cost of service. We have been transitioning for about five years. We will do a complete rate study for both utilities in 2016. Question from first reading is where we are in the cost of service transition. There are lots of moving parts in the last five years. We did the tier tightening last year for all four inverted block rate tiers for both water and electric. Or capital plans have changed quite a bit for infrastructure improvements. We have had a lot more renewables and energy efficiencies in our customer base. All of those will be looked at in 2016. Mayor Skadron opened the public comment for Ordinance #44. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #44, Series of 2015; seconded by Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Mayor Skadron opened the public comment for Ordinance #45. There was none. Mayor Skadron closed the public comment. Councilman Daily moved to adopt Ordinance #45, Series of 2015; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #41, SERIES OF 2015 – Fall Supplemental Budget Mr. Strecker told the Council the changes from first to second reading include three items. Recording the 3.8 million of refunding the sales tax bonds. There is 200,000 dollars for the employee benefits fund. We are not sure if we are going to need the money, if not it just stays in the fund. There is 250,000 that was originally for the Mill Street property for earnest money. Since we are moving to a lease option he is not sure if we will still need the money now. Mr. Barwick requested we leave the money in while we are working on the lease negotiations. Councilwoman Mullins asked to explain the three million again. P31 VII.b Regular Meeting Aspen City Council November 23, 2015 5 Mr. Strecker said we are re-upping the liability that we already had before. We are refunding the old bonds and taking up a new set. We need the authority to pay off the first set. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Daily moved to adopt Ordinance #41, Series of 2015; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Councilman Daily moved to adjourn at 5:45 p.m.; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk P32 VII.b 1 | P a g e MEMORANDUM TO: Mayor Skadron and City Council FROM: Chris Bendon, Community Development Director RE: Code Amendment: Fee-in-Lieu Mitigation Review Process First Reading Ordinance No. 47, Series 2015 DATE: December 1, 2015 SUMMARY: The City Council recently updated the affordable housing requirements for residential development. Ordinance 35, Series 2015, adopted changes to the City’s growth management requirements – removing accessory dwelling units as a mitigation option and implementing new employee generation rates for residential construction. The new requirements set forth a City Council review of any fee-in-lieu payment for mitigation in excess of 0.1 full-time equivalents (FTEs). The ordinance referred to the standard process for City Council review of growth management applications – a public hearing with P&Z and two readings of an ordinance with City Council. This process can take 3-4 months, plus agenda backlog. Staff is proposing this be amended to simply require one public hearing with City Council for adoption of a resolution. Tonight’s ordinance proposes an amendment to City Council’s fee-in-lieu payment review. If adopted, the ordinance would allow a one-step review with City Council instead of a much-longer two step review. This change is consistent with the policy resolution and previous City Council direction on this issue. STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance on first reading. Second reading is scheduled for December 14, 2015. LAND USE REQUESTS AND REVIEW PROCEDURES: This hearing is to review an ordinance amending the Accessory Dwelling Unit program and the Growth Management Chapter. All code amendments are subject to a three-step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. STAFF COMMENTS: Staff has been presenting the new requirements to local developers, architects, and realtors. The new requirements go into effect December 11th. The development community is becoming more aware of the affordable housing credits system. There has been an uptick in interest in the AH P33 VIII.a 2 | P a g e credits option and some indication that credits are being pursued for mitigation of residential construction. There has also been increased interest in the development of new affordable housing by private developers who are seeking to get involved in the AH credits market. PROPOSED CHANGES The proposed additional language to be added is italicized and underlined below. Section 26.470.100.B.4: City Council applications. Growth management review applications for City Council review shall be submitted to the Community Development Director, who shall forward a recommendation to the Planning and Zoning Commission, based on the applicable standards identified in Section 26.470.090, that the application be approved, approved with conditions or disapproved. The Planning and Zoning Commission shall review the application during a public hearing according to the applicable standards and, by resolution, recommend to City Council that the application be approved, approved with conditions or disapproved. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. City Council shall review the application according to the applicable standards, consider the recommendation of the Planning and Zoning Commission, the recommendation of the Community Development Director and, during a public hearing, adopt an ordinance approving, approving with conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. City Council review of a proposed fee-in-lieu payment for affordable housing mitigation in excess of 0.1 FTEs shall be a one-step review. City Council shall review the application according to the applicable standards, consider the recommendation of the Community Development Director and, during a public hearing, adopt a resolution approving, approving with conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. CITY MANAGER COMMENTS: _____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move the adoption of Ordinance No. 47, Series of 2015, on first reading.” ATTACHMENTS: Proposed Ordinance P34 VIII.a Ordinance No. 47, Series 2015 | page 1 ORDINANCE No. 47 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE CITY OF ASPEN LAND USE CODE CHAPTER 26.470 – GROWTH MANAGEMENT REGARDING THE REVIEW PROCESS FOR ACCEPTING FEE-IN-LIEU OF AFFORDABLE HOUSING WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to initiate code amendments related to the affordable housing impact mitigation policies and procedures of the City’s Growth Management system; and, WHEREAS, the City adopted revised affordable housing mitigation requirements for residential construction via Ordinance 35, Series 2015, including changes to the process for accepting fee-in-lieu payments; and, WHEREAS, the proposed changes would amend the process for reviewing acceptance of a fee-in-lieu payment form a two-step to a one-step review; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach, including review with members of the Planning and Zoning Commission, review with members of the Aspen/Pitkin County Housing Authority; and review with members of the community in general; and, WHEREAS, during a duly noticed public hearing on June 22, 2015, the City Council approved Policy Resolution No. 43, 2015, directing staff to process code amendments related to the Accessory Dwelling Unit program and certain Growth Management mitigation policies; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.470 as described herein; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section: 1: Section 26.470.110.B.4 – City Council Applications, which section outlines the procedural requirements for growth management applications requiring City Council review, shall be amended to read as follows: P35 VIII.a Ordinance No. 47, Series 2015 | page 2 4. City Council applications. Growth management review applications for City Council review shall be submitted to the Community Development Director, who shall forward a recommendation to the Planning and Zoning Commission, based on the applicable standards identified in Section 26.470.090, that the application be approved, approved with conditions or disapproved. The Planning and Zoning Commission shall review the application during a public hearing according to the applicable standards and, by resolution, recommend to City Council that the application be approved, approved with conditions or disapproved. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. City Council shall review the application according to the applicable standards, consider the recommendation of the Planning and Zoning Commission, the recommendation of the Community Development Director and, during a public hearing, adopt an ordinance approving, approving with conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. City Council review of a proposed fee-in-lieu payment for affordable housing mitigation in excess of 0.1 FTEs shall be a one-step review. City Council shall review the application according to the applicable standards, consider the recommendation of the Community Development Director and, during a public hearing, adopt a resolution approving, approving with conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. [No changes to subsequent sections of this Chapter] Section 2: Effect Upon Existing Litigation. 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 3: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective 30 days after adoption. Section 5: Notice of Public Hearing. A public hearing on this ordinance shall be held on the 14th day of December, 2015, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena St., Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. P36 VIII.a Ordinance No. 47, Series 2015 | page 3 FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1st day of December, 2015. ATTEST: __________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this _____________day of ______________, 2015. ATTEST: __________________________ ___________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R True, City Attorney P37 VIII.a MEMORANDUM TO: Mayor and City Council FROM: Pete Strecker, Assistant Finance Director THRU: Don Taylor, Director of Finance THRU: Steve Barwick, City Manager DATE OF MEMO: November 25, 2015 MEETING DATE: December 1, 2015 RE: 2016 Mill Levies REQUEST OF COUNCIL: This memo outlines information for City Council to consider when adopting property tax mill levies for 2016. Adoption of the proposed 2016 mill levy resolution is required to be submitted to Pitkin County no later than December 15, 2015. At the time of writing this memo, all figures are still preliminary, as Pitkin County will not certify assessed values this year until December 1, 2015. Finalized assessed values will be brought to Council at the time of the Council meeting on December 1 for final adoption. PREVIOUS COUNCIL ACTION: City Council adopted the 2015 budget on November 9, 2015 which included revenue assumptions regarding property tax revenue for the Asset Management Plan Fund and Stormwater Fund. As final assessed valuation information becomes available from the County Assessor’s Office, property tax projections are re- calculated after the budgeting process, to reflect the combination of updated assessed valuations and further changes in inflationary expectations. BACKGROUND: General Fund and Asset Management Plan mill levy are by law subject to the TABOR restrictions; the Stormwater mill levy is calculated under the provisions of TABOR by City Council direction. TABOR provides that the amount of revenue from property taxes cannot grow by more than the amount attributable to inflation plus new construction, mitigating excessive fluctuation in total property tax revenue that could otherwise result from assessed valuations rising or falling. As assessed valuations rose in prior years, the City reduced its tax yield to the TABOR limits by implementing a temporary mill levy credit. DISCUSSION: For 2016, preliminary calculations for temporary mill levy credits have been increased to 1.014 mills for the General Fund / Asset Management Plan Fund, and 0.094 mills for the Stormwater mill levy. When final assessed values, additions and deletions are known for City of Aspen property (anticipated on December 1, 2015), these credit figures will be re-calculated and presented to City Council for final approval with the mill levy ordinance. P38 IX.a RECOMMENDED ACTION: Staff proposes that the 2016 mill levies be adopted. ALTERNATIVES: The proposed mill levies may be amended downward as City Council deems necessary. PROPOSED MOTION: Move adoption of the resolution attached which approves the 2016 mill levies as proposed. CITY MANAGER COMMENTS: ATTACHMENTS: P39 IX.a RESOLUTON NO. 119 (SERIES OF 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO SETTING THE 2016 MUNICIPAL MILL LEVY RATES AND CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY. WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado for the fiscal year beginning January 1, 2016 and ending December 31, 2016; and WHEREAS, the net assessed valuation of the taxable property for the year 2015 in the City of Aspen returned by the County Assessor of Pitkin County was certified on December 1, 2015, is the sum of $X,XXX,XXX; and WHEREAS, the net assessed valuation of taxable property in Aspen increased approximately X.X% between 2014 and 2015 assessment years; and WHEREAS, under section 9.9 of its Home Rule Charter, the City of Aspen shall constitute a levy of the property tax incorporated into its adopted budget; and WHEREAS, said mill levy has been established at an amount not to exceed 0.540 mils, and is calculated to produce gross ad valorem tax proceeds in the amount of $X,XXX,XXX for collection year 2016; based upon the assessed valuation as determined by the County Assessor, and WHEREAS, a temporary reduction in property tax collections is desired by the City Council in order to reduce the tax burden on owners of taxable property within the City of Aspen while preserving the City’s ability to increase property taxes to levels previously authorized by City of Aspen voters as described above, and WHEREAS, C.R.S. section 39-1-111.5 authorizes a local government to certify a refund in the form of a temporary property tax credit or a temporary mill levy rate reduction, provided that the certification includes the gross mill levy, the temporary property tax credit or temporary mill levy rate reduction expressed in mill levy equivalents, and the net mill levy and under C.R.S. section 39-1-111.5(4), the Assessor shall, concurrent with delivery of tax warrants to the Treasurer, itemize duly certified temporary property tax credits or temporary mill levy rate reductions in the manner set forth in C.R.S. section 39-1-111.5(2), and under C.R.S. section 39-1-111.5(5) the tax statements shall indicate by footnote which local government mill levies reflect a temporary property tax credit or temporary mill levy rate reduction for the purpose of effecting a refund; and WHEREAS, voter approval on November 6, 2007 established the City’s Stormwater Fund separate mill levy rate at an amount not to exceed 0.650 mils upon each dollar of assessed valuation on all taxable property within the City annually with no date P40 IX.a of expiration, permitting collection of property tax revenues in excess of the mill levy limitation provided in Article X, Section 20 or the Colorado Constitution for property tax collection in all future years beginning in 2008; and WHEREAS, said mill levy rate is calculated to produce gross ad valorem tax proceeds in the amount of $XXX,XXX for collection year 2016; based upon the net assessed valuation of the City of Aspen as determined by the County Assessor, and SECTION 1 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ASPEN, Colorado for the purpose of balancing the 2016 budget, and providing a reasonable closing fund balance for said fiscal year, levies the following taxes upon each dollar of the total valuation for assessment of all taxable property within the City of Aspen for the year 2015; that a temporary mill levy rate reduction is authorized; and that the individual mill levies are expressed in terms of the gross mill levy, the temporary mill levy rate reduction shown in mill levy equivalents, and the net mill levy as shown below, which includes temporary credits of X.XXX and X.XXX mills for the General Property Tax and Stormwater mill levies: 2016 Tax Rate 2016 Temporary Credit 2016 Mill Levy Rate General Property Tax 5.410 X.XXX X.XXX Stormwater Fund 0.650 X.XXX X.XXX Total 6.060 X.XXX X.XXX 2015 Assessed Valuation Updated Mill Levy Rate 2016 Property Tax General Fund $0 0.000 $0 Asset Management Fund $X,XXX,XXX,XXX X.XXX $X,XXX,XXX Total General Mill Levy X.XXX $X,XXX,XXX Total Stormwater Mill Levy $X,XXX,XXX,XXX X.XXX $X,XXX,XXX Refund/Abatements $X,XXX,XXX,XXX X.XXX $X,XXX,XXX Total 2016 Property Tax X.XXX $X,XXX,XXX P41 IX.a SECTION 2 The City Clerk is hereby directed to certify and deliver this Resolution to the Board of County Commissioners for Pitkin County on or before December 15, 2015. ADOPTED THIS first day of December 2015 __________________________ Steven Skadron, Mayor I, Linda Manning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the City Council at its meeting held on December 1, 2015, which Resolution was adopted subsequent to public hearings on the City of Aspen’s 2016 Proposed Municipal Budget and prior to the final day established by law for the certification of the tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9 of the Aspen Home Rule Charter. _______________________ Linda Manning, City Clerk P42 IX.a Residential Design Standards Policy Resolution Staff Memo 12.1.15 Page 1 of 6 MEMORANDUM TO: Mayor and Aspen City Council FROM: Justin Barker, Senior Planner THRU: Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner RE: Policy Resolution: Residential Design Standards Code Amendments Resolution No. 136, Series of 2015 MEETING DATE: December 1, 2015 SUMMARY: The attached Resolution outlines Council policy direction for amendments to the Residential Design Standards of the City. The objective of the code amendment is to improve the administrative review process, better organize the standards, and clean up confusing language and loopholes within the current standards. If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the Residential Design Standards for 1st reading December 14 and 2nd reading January 11. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Residential Design Standards of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments BACKGROUND: The City of Aspen Residential Design Standards were first adopted in 1995 as a way to maintain design quality and compatibility with historic features of the community. Since then, minor amendments have been processed to add additional standards and create a variance process. P43 IX.b Residential Design Standards Policy Resolution Staff Memo 12.1.15 Page 2 of 6 Earlier this year, staff selected a consultant (Winter & Co.) through an RFP process to assist with the updates. The updates are intended to better serve the community and provide attractive, compatible development. This is not a complete re-write. DISCUSSION: The Residential Design Standards in this chapter are intended to ensure a strong connection between private residences and public streets; ensure buildings provide articulation to break up bulk and mass; and preserve traditional neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. The Residential Design Standards are at their core intended to achieve the following objectives: connect to the street, respond to neighboring properties, and reflect traditional building scale. Staff and Winter & Co. have been working with an advisory committee comprised of six local architects from various firms around town. The role of the committee is to represent the design community by providing input on current issues, reviewing draft updates, and participating in focused group discussions with staff and the consultant. Work on the update began with an inventory of the major issues in the current RDS review process. The most common issues identified by the advisory committee were: • Lack of clarity in the administrative review process • Lack of flexibility in the existing standards for different design styles These are discussed in more detail below. Administrative Review: Challenges: The current administrative review process has proven to be challenging for both staff and property owners. A project is only required to submit an application if a variation is required. This is typically determined by the planner of the day or staff collectively. This process can often lead to a substantial amount of time spent discussing a required variation, or some needed variations being missed because they are not discussed. This often leads to projects that do not meet the RDS getting delayed in the building permit review so they can submit an application for a variation. This can place a building permit on hold for several months. Proposed Solution: Under the proposed changes, all residential development would require an administrative review, unless otherwise exempted1. In administrative review, staff will review each project for standard applicability and the project’s compliance with the flexible and non-flexible standards (see 1 The code currently exempts certain properties based on location or site characteristics. These exemptions are not changed in this code amendment. P44 IX.b Residential Design Standards Policy Resolution Staff Memo 12.1.15 Page 3 of 6 below). The application would either be granted approval or denial for compliance with the RDS. This will help reduce the number of projects in building permit review that do not comply with the RDS and will provide an applicant with more assurance when submitting a permit. If the applicant receives denial, they may amend the application to comply. If the applicant chooses not to amend the application, they would have the opportunity to have P&Z review the application. Any decision made by P&Z is final unless appealed under the regular city appeal procedures. Below are diagrams comparing the existing process to the proposed process: Existing Proposed Standard Flexibility: Currently, a residential project must meet all of the standards as written (with some exceptions depending on the location or specific site constraints). Each of the standards is intended to address different aspects of design, such as relationship to the public realm, massing, and scale of design features. Challenge: Current Standards sometimes force inappropriate design. While each of the standards serve an important purpose, many of them can often lead to a forced design feature on a project in order to meet the letter of the standard. For example, a design may P45 IX.b Residential Design Standards Policy Resolution Staff Memo 12.1.15 Page 4 of 6 include an entry door that does not face the street. In order to meet the standard, an “entry door” is located on a street-facing façade, but this “entry door” opens to a narrow hallway leading into a back room. This example is contrary to the intentions of the standards, but is still permitted under the Code. The proposed changes would close these kinds of loopholes. Challenge: Current Standards do not always respond appropriately to context. Additionally, some of the standards can be difficult to meet or do not serve their intended purpose, even if they apply to a project. For example, building orientation on a curvy street is more difficult to achieve than building orientation on a traditional townsite block. Similarly, prohibiting a light well on the front of a building for a building that is 100 feet from the street does not achieve the same purpose as prohibiting one that is 10 feet from the street. Proposed Solution: Allow for alternative compliance on most standards. In an effort to better align the standards with their intents, the proposed code amendments allows for most standards to be evaluated for compliance on a case-by-case basis through administrative review. Projects would be required to meet the letter of the standard, or provide “alternative compliance” meaning the project meets the overall intent of the standard. For example, a design may include an entry door that is 11 feet back from the front-most wall of the building, but is highly visible from the street and opens onto a large front porch. The door does not technically meet the standard (max. 10 feet from the front-most wall), but it meets the intent by providing street-facing architectural details, enhancing the walking experience and reinforcing local building traditions. This design feature would most likely be permitted under alternative compliance. This proposed process would allow architects and homeowners the ability to more directly work with staff to create a design that promotes pedestrian scale and connection to the public realm without requiring constant variation applications. This also would provide a benefit to the community by focusing on implementation of design features that enhance a residence’s contribution and relationship to the public realm instead of forcing building elements that may not be compatible with the architectural design or style. Although most standards would allow for alternative compliance, staff believes that some of the standards should not allow for flexibility on an administrative level. The following standards provide the greatest impact on the public realm and are also the standards that staff least often grants administrative variations: 1. A visible and accessible front entrance. This standard would either require a front porch with a pedestrian path leading to the feature, or a front door facing and clearly visible from the street. P46 IX.b Residential Design Standards Policy Resolution Staff Memo 12.1.15 Page 5 of 6 2. Reducing the appearance of garages from the street. This standard would require garages to be accessed off the alley where one exists. Where an alley does not exist, garages would be required to be set back from the front façade of the building. 3. Articulation of massing to reduce perceived scale. This standard would require a secondary mass or other building articulation. Under the proposed RDS update, all applicable residential development would be required to meet the letter of these standards. If an applicant requests a variation from any of these standards no administrative variance could be granted and a P&Z review would automatically be required. Proposed Solution: Adjust applicability and introduce standard options. In an effort to better respond to context, the proposed RDS update clarifies applicability and in some cases adds in options based on lot characteristics, required setbacks and other features. Other updates: Staff has also been working with Winter & Co. and the advisory committee on other updates. These include reorganization of the RDS chapter to make it easier to read and understand, adding definitions for often used terms, and updating and improving graphics. PUBLIC OUTREACH: The advisory committee has been involved in the process since the beginning and has provided valuable feedback that helped dictate the current proposed changes. Information on the update has been provided through the Community Development newsletter, which reaches almost 600 professionals including contractors, architects, attorneys, and planners. A public open house was held September 29 to obtain feedback from the broader community of the proposed updates. Over 20 people attended the open house. All of the public feedback received to date has been overwhelmingly positive. Both architects and property owners have stated they like the simplified process and the added flexibility of the standards. Staff has also met individually with property owners and HOAs to address specific questions. An additional open house will be held on December 1. Feedback from this open house will be provided at the policy resolution hearing. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Resolution No. 136, Series of 2015, approving a Policy Resolution regarding Residential Design Standards code amendments.” CITY MANAGER COMMENTS: ______________________________________________________________________________ ______________________________________________________________________________ P47 IX.b Residential Design Standards Policy Resolution Staff Memo 12.1.15 Page 6 of 6 ATTACHMENTS: Exhibit A – Staff Findings Exhibit B – Draft 11/17/15 P&Z minutes P48 IX.b Resolution No. 136, Series 2015 Page 1 of 2 RESOLUTION NO. 136, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE RESIDENTIAL DESIGN STANDARDS, CHAPTER 26.410 OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore amendments to the Residential Design Standards Chapter, Chapter 26.410 of the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to local architects, contractors, and planners; and, WHEREAS, the Community Development Director recommended changes to the Residential Design Standards in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on December 1, 2015, the City Council approved Resolution No. 136, Series of 2015, by a ____ to ____ (_ – _) vote, requesting code amendments to the Residential Design Standards in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction Council directs the Community Development Department to return with code amendments to update the Residential Design Standards in the Land Use Code. The code amendments are intended to improve the administrative review process, better organize the standards, and clean up confusing language and loopholes within the current standards. Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. P49 IX.b Resolution No. 136, Series 2015 Page 2 of 2 Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 1st day of December 2015. _______________________________ Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Linda Manning, City Clerk James R True, City Attorney P50 IX.b Residential Design Standards Policy Resolution Exhibit A 12.1.15 Page 1 of 1 EXHIBIT A STAFF FINDINGS 26.310.040. Amendments to the Land Use Code standards of review – Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two – Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the Residential Design Standards section of the Land Use Code. The proposed update intents to create more certainty and reliability in the review process and better provide attractive and compatible development. Residential Design Standards affect how the community interacts with and views Aspen’s neighborhoods and residences. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The Aspen Area Community Plan includes a policy to “create certainty in zoning and the land use process.” The proposed amendment intends to create more public certainty in the review process. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The purpose of the Residential Design Standards is to ensure a strong connection between private residences and public streets; ensure buildings provide articulation to break up bulk and mass; and preserve traditional neighborhood scale and character. An intent of the proposed amendment is to provide a benefit to the community by focusing on implementation of design features that enhance a residence’s contribution and relationship to the public realm instead of forcing building elements that may not be compatible with the architectural design or style. Staff finds this criterion to be met. P51 IX.b EXHIBIT B Regular Meeting Minutes Planning & Zoning Commission November 17, 2015 1 OTHER BUSINESS Residential Design Standards. Code Amendment Check-In Mr. Justin Barker, Community Development Senior Planner, stated he wanted to check in with P&Z regarding proposed code amendments pertaining to the City’s Residential Design Standards (RDS). Mr. Barker provided background on the RDS and stated Council directed Staff earlier this year to look into updating the RDS to make it more appropriate for the current designs and timeframe. Staff has been working with a consultant as well as an advisory committee to identify possible updates. After multiple discussions and meetings, two issues were identified with the current version of the chapter. • Lack of clarity in the administrative review process • Lack of flexibility in the existing standards Mr. Barker then reviewed the administrative review process. The process is confusing as is the standard for the reviews that occur during the process. He referred to Exhibit A which diagrams the existing and proposed review processes. With the new review process, they are proposing all projects come in for an administrative review for all standards. Administratively, they would receive an approval or denial to be included in their building permit providing them assurance they have a signed off approval. This would also removes the three design request limitation. Staff will look at all the standards combined and whether they are met collectively or not. If the proposal is denied, the applicant has the opportunity to request a variation from P&Z or mend their requirements to meet the RDS. When an application comes in, there are set standards based on the location and topography of the site that must be met to the letter. The application may also go through an administrative or a P&Z variance review. Staff recognizes not all the standards have equal importance and he provided an example of the location of the structure on the lot may not be as important as the overall mass of the building. The proposed changes prioritize the standards and identifies three standards as the nonflexible standards as listed on p. 75 of the agenda packet. These must be met as per stated in the code and any variance must be taken to P&Z for review. All the other standards are reviewed with flexibility in mind and Staff will determine the intent of the standard is being is met. He discussed the two examples on pp 79 and 80 of the packet. There are a few more updates Staff has been working on including the following. • Reorganizing the entire chapter to make it more readable • Define some terms not previously defined or are unclear • Updating and improving the graphics to be more understandable • Adding new graphics to further assist with explaining topics For public outreach, there was an open house at the end of September that approximately 20 people attended. There was an overwhelming positive response to the idea of the proposed changes. The proposed changes were also included in the Community Development Newsletter which goes out to almost 600 professionals in the valley to which there has been mostly positive responses as well. P52 IX.b EXHIBIT B Regular Meeting Minutes Planning & Zoning Commission November 17, 2015 2 The next steps include the proposed changes going to Council for policy resolution in early December. There will also be one more public open house on the same date to obtain additional feedback prior to the meeting with Council. If the policy resolution is approved, they will proceed with an ordinance reading for the specific language to amend the code. Mr. Barker asked if P&Z supports the proposed amendment or has any concerns. Mr. Mesirow asked who made up the audience at the open house. Mr. Barker answered it was a lot of local architects and designers. Mr. Mesirow stated it seems very counter to the general feeling of the community to hold to very specific guidelines with no flexibility in granting anything to anybody. Mr. Morris asked if the audience receiving the newsletter was also primarily architects and designers at which Mr. Barker stated the newsletter is viewed by architects, designers, real estate agents, attorneys and others involved with land use code review and enforcement. Mr. Morris wondered how we could get some from the other side to show up and participate in the review. Ms. Phelan stated there needs to be guidelines in place and the values of the town are so high that if there were no requirements, you would see 10 ft walls around houses turning them into compounds and the public streetscape would be negatively impacted. What Staff heard is that some of the requirements are not flexible. Staff is trying to identify those standards that are sacred and there can’t be an administrative variation unless you go to a board for review. Mr. Barker added they want to focus on the design and the overall intent of the applicants instead of looking at the extreme details such as your window is 9 ft tall instead of 9 ft 3 in tall. Staff does not feel it is necessary for an applicant to come to P&Z to ask for a window that is 3 in taller than allowed per the code. Mr. Goode remarked P&Z has seen plenty of such examples. Mr. Goode other commissioners stated they feel the changes will be good for the process. Mr. Mesirow appreciates the direction and finding more competence in the process for everyone is important. He also feels the intent to focus on use is really healthy oppose to it looking as though the standards are being relaxed. Mr. Morris also feels it will be important to articulate the reasons behind amending the code. Mr. Mesirow does see a red flag when it comes to the prioritization. He understands why it is being done, but is concerned they may be drawing a roadmap for architects and designers to figure out which things they need to abide by. Ms. Phelan added the proposed process may be able to dial in the intent to match the location more appropriately to match the development pattern of the area. She added there are certain design principles that will be upheld. She gave the example that Staff feels very strongly about the placement of a garage at a site. For instance, on Cemetery Lane they may allow side loading where they typically do not allow for it. Mr. Mesirow asked for the process to revisit this based on changing community priorities. Mr. Barker stated it would be easier to change the priorities in the future should the need arise. Mr. Barker stated a lot of designers have figured out a loophole process to meeting the standards which creates a worse design in the end. These amendments will help Staff focus on the overall design and allow the applicant to focus on a holistic design rather than just meet the standard. Mr. Mesirow reiterated having check-in mechanisms would ultimately make the process better. It would also encourage trust with the community. P53 IX.b EXHIBIT B Regular Meeting Minutes Planning & Zoning Commission November 17, 2015 3 Mr. Goode felt opening it up to look at the entire design from the beginning would be helpful. Mr. Barker reiterated currently an applicant may present up to three items for administrative variances from three different standards. If they request more than three, it currently goes to P&Z for review. With the amendments, there will no longer be a limitation on the number requested for administrative review. If the administrative review is not granted, the applicant would have the option of taking their request to P&Z. Mr. Mesirow asked if it was a requirement or opportunity for the applicant to currently ask for administrative review. Mr. Barker replied currently it is reviewed for RDS when someone submits for a building permit. Ms. McNicholas Kury asked how Staff makes their decisions defensible in regards to intent. Ms. Phelan stated there are some standards that are a bit loose and it is harder to define the intent but she feels the more something can be explained, the more you can define where it meets or doesn’t meet the standard. Mr. Barker stated there will always be subjectivity in design, but it important to gather as much information as possible. Ms. McNicholas Kury stated some statements raise red flags for her. She cited a statement Section 26.410.010.A.3, which states to encourage creative and contemporary architecture in keeping with Aspen’s history. She stated statements like this are extremely difficult to interpret and noted the application approved earlier and how it will change the character of the neighborhood impacting any future review under that criteria is different. She feels there is a tension between what Aspen was and what it is becoming. She is concerned the direction in which it is heading is very unclear and doesn’t feel in terms of design, it is something that’s been articulated. Mr. Goode brought up that the aspect of messy vitality that has driven change in Aspen. Mr. Mesirow feels Ms. McNicholas Kury wants better confines to direct the change that will occur. He added change includes not only what it will look like, but also what it act and feel like. Ms. McNicholas Kury feels the change should be tied to an intent whether it be messy vitality or something else. Mr. Barker understands Ms. McNicholas Kury’s concerns, but unfortunately it is not in the scope of the update being discussed. He does feel the proposed amendments will help support the intent going forward to the specific standards. He suggested perhaps the standards could be reviewed for their relevance sometime in the future. P54 IX.b Page 1 of 4 . MEMORANDUM TO: Mayor and City Council FROM: Hillary Seminick, Planner THRU: Chris Bendon, Community Development Director MEETING DATE: December 1, 2015 RE: Gondola Plaza – Temporary Use Request APPLICANT/OWNERS: Aspen Skiing Company, PO Box 1248, Aspen CO 81612 970.925.1220 REPRESENTATIVE: Dana Dalla Betta LOCATION: 611 E. Durant Ave., Gondola Plaza CURRENT ZONING & USE: Conservation (C) zoning with a Planned Development overlay. The area below the stairs is currently utilized for bike parking. PROPOSED LAND USE: The area beneath the stairs would be enclosed and utilized for overnight ski storage and transfer, a ski facility use. SUMMARY: The Applicant is seeking a Temporary Use approval from City Council for a ski storage area from December 2nd 2015 to May 1st 2016. A steel fence would be constructed to enclose the area below the stairs that lead to upper gondola plaza. Council may approve a temporary use for up to 180 days. STAFF RECOMMENDATION: Staff recommends the City Council approve the request for Temporary Use approval. Figure A: Project Location P55 IX.c Page 2 of 4 Figure B: Location of subject site at Gondola Plaza LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from City Council: • Chapter 26.450 – Temporary and Seasonal Uses. Temporary use may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary use, unless a shorter period is specified in the approval. PROJECT LOCATION AND BACKGROUND: The subject parcel is located at the Gondola Plaza near the intersection of E. Durant Ave. and S. Hunter St. The project site is within the Little Nell Hotel Planned Unit Development and the underlying zone district is Conservation (C). Currently, The applicant, Aspen Skiing Company (SkiCo) utilizes the nearby ticket office for overnight storage and ski transfer between the Four Mountains. The offices were recently renovated and SkiCo has concerns that the snowmelt from snow equipment will destroy the new floors. The temporary ski storage facility will offer an alternative to utilizing the SkiCo offices for overnight ski storage and transfer. SkiCo has expressed interest in pursuing a planned development amendment to memorialize a ski enclosure at this location as a permanent solution to their storage issues. CURRENT REQUEST: The applicant is requesting a temporary use approval to permit a steel fence enclosure to be used for overnight ski storage from December 2nd, 2015 to May 1st, 2016. No prior temporary use requests have been approved. STAFF COMMENTS: Staff has reviewed the application and finds the request to be consistent with the review criteria for temporary use. The enclosure will be located beneath stairs (Figure C), minimizing visual impacts of the storage area to Durant Ave. The steel framed enclosure (Figures C and D) will be covered in panels with snow-sport related art or photography. The panels will not have any advertising or logos. Neither pedestrian nor vehicular traffic would be impacted by the enclosure. There will be no impacts to bike parking as the bike racks beneath the stairs will be relocated to either side of the enclosure. The subject site is located within the Conservation zone district. Ski facilities are allowed as a conditional use in this zone district and this use is consistent with the current uses at Gondola Plaza. Figure B: Project Location P56 IX.c Page 3 of 4 Figure C: Project site with storage area detail Figure D: Ski enclosure detail P57 IX.c Page 4 of 4 STAFF RECOMMENDATION: Staff finds the project meets the review criteria in Exhibit A and recommends the City Council approve the application’s request to enclose the area below the stairs with a steel framed enclosure to provide for overnight ski storage at Gondola Plaza from December 2nd 2015- May 1st 2016. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): “I move to approve Resolution No. 137, Series of 2015, granting a temporary use for a ski enclosure beneath the stairs at 611 E. Durant Ave., also known as Gondola Plaza from December 2nd, 2015 to May 1st, 2016. ATTACHMENTS: Exhibit A – Review Criteria Exhibit B – Legal Notice Exhibit C – Application P58 IX.c 1 RESOLUTION NO. 137 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF A SKI STORAGE FACILITY AT 611 E. DURANT AVE, ALSO KNOWN AS GONDOLA PLAZA; LEGALLY DESCRIBED AS LITTLE NELL SUBDIVISION LOT 2, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2737-182-50-102 WHEREAS, the Community Development Department received an application from The Aspen Skiing Company, represented by Dana Dalla Betta, requesting Temporary Use approval to erect a steel rail fence below the stairs at Gondola Plaza to allow for overnight ski storage; and, WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days, seasonally reoccurring for up to a ten year period; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the extended temporary use proposal meets or exceeds all applicable development standards associated with the request; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow for a steel frame enclosure below the stairs at Gondola Plaza to allow for overnight ski storage from December 2nd 2015 to May 1st 2016. Section 2: The enclosure shall be covered with panels displaying art or photography selected at Aspen Skiing Company’s discretion. These panels may be changed throughout the season without additional review. The panels shall not have any advertising or logos. Section 3: All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development P59 IX.c 2 approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this 1st day of December, 2015. Steven Skadron, Mayor Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney P60 IX.c 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. The applicant proposes to enclose the area beneath the stairs that lead to upper Gondola Plaza. Currently, the area below the stairs is used for bike storage. The location minimizes the bulk and massing because it is integrated below an existing structure. The enclosure will be framed with powder coated steel. The enclosure will be covered in panels with art/photography without any advertising. These panels displays may be changed occasionally without additional review provided no advertising or logos are placed on the panels. Visual impacts from Durant Street will be reduced because the storage will be tucked below the stairs hidden from view. Staff finds this criterion met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The enclosure material is consistent with the steel rail fencing found at Gondola Plaza and the panel art will be skiing-related. The storage area is integrated into an existing structure. There will be no increase in density and the storage use will be similar to the area’s current use, bike parking. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The area to be enclosed is beneath the stairs and not within a pedestrian walkway or gathering area. Vehicles, with the exception of emergency response vehicles and those associated with operations on Gondola Plaza, are prohibited; therefore, there will be no impacts to vehicular traffic nor traffic patterns. Bike parking is located beneath the stairs and the racks would be relocated to either side of the enclosure outside of pedestrian walkways. Currently, SkiCo utilizes their offices for overnight storage and ski transfer between the Four Mountains. The ski storage facility will offer an alternative to utilizing the SkiCo offices for overnight ski storage and transfer. Both areas are in close proximity to one another; therefore, there will be no effect to the existing intermountain ski transfer activities. No change to the noise levels, neighborhood character or municipal services will occur as a result of the ski storage enclosure. Staff finds this criterion met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The applicant requests a temporary use from December 2nd – May 1st 2016. No prior temporary uses have been granted to allow for ski storage at Gondola Plaza. E. The purposes and intent of the zone district in which the temporary use is proposed. The underlying zone district is Conservation (C) with a Planned Development overlay. Conservation allows for ski lifts and other ski facilities as a conditional use. Gondola Plaza is within The Little Nell Planned Development which developed the base area at Aspen Mountain and Gondola Plaza. Ski storage is a consistent use within the context of the Planned Development and the underlying zone district. Staff finds this criterion met. P61 IX.c F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Aspen Skiing Company recently renovated the offices located at Gondola Plaza. The offices have been used as the overnight ski storage and intermountain transfer facility. SkiCo has represented they do not want to use the newly renovated offices as they do not want to destroy the recently replaced carpet. Additionally, SkiCo has represented that they plan to pursue a Planned Development amendment as a permanent solution for their ski storage issues. Staff finds this criterion met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The ski storage area will not affect the general public health, safety nor welfare. Staff finds this criterion met. P62 IX.c P63 IX.c P64 IX.c P65 IX.c P 6 6 I X . c P 6 7 I X . c P 6 8 I X . c City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING RE: Temporary Use Request at Gondola Plaza Public Hearing: City Council, December 1st at 5:00 pm Meeting Location: City Hall, 130 S. Galena St, City Council Chambers on basement level Project Name: Gondola Plaza Project Location: 611 E. Durant St., Parcel ID# 273718250102, legally described as Lot 2 of the Little Nell Subdivision Description: The applicant is requesting seasonal, temporary use approval to allow an area beneath the existing stairway at gondola plaza to be enclosed and used for ski storage on a yearly, seasonal basis with the total term of use to be determined by City Council. Land Use Reviews: Temporary Use Decision Making Body: City Council Applicant: Aspen Skiing Company More Information: For further information related to the project, contact Hillary Seminick at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2741, Hillary.Seminick@cityofaspen.com. P69 IX.c Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. 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From Parcel: 273718250102 on 11/10/2015 Instructions: Disclaimer: http://www.pitkinmapsandmore.com P70 IX.c ZEFF DANIEL ASPEN, CO 81611 555 E DURANT AVE STE 4K PAULUS REV FAMILY TRUST ASPEN, CO 81611 555 E DURANT ANDERSON ROBERT M & LOUISE E CHETEK, WI 54728 1021 23RD ST SANDIFER C W JR TRUST BOULDER, CO 80304 240 LINDEN DR SANDIFER DICKSIE L TRUST BOULDER, CO 80304 240 LINDEN DR ASPEN SQUARE VENTURES LLP ASPEN, CO 81611 602 E COOPER #202 COOBAC SANDRA L TRUST #1 KEWADIN , MI 94648 4468 JUNIPER DR COOBAC DEAN P TRUST #1 KEWADIN, MI 94648 4468 JUNIPER DR BACSANYI ERNEST A TRUST HIGGINS LAKE, MI 48627-0089 PO BOX 89 WEIGAND 122 LLC WICHITA, KS 67202 301 N MAIN ST #600 SHAPIRO EUGENE B & MARLENE R PARADISE VALLEY, AZ 85253 6301 E NAUMANN DR DURWARD QUENTIN J TRUST DAKOTA DUNES, SD 57049 702 E SAWGRASS TR DURWARD SUSAN O REV TRUST NORTH SIOUX CITY, SD 57049 702 E SAWGRASS TRL MAVROVIC ERNA NEW YORK, NY 10021 530 E 72ND ST APT 15-C CLIFFORD MRS MARGARET JOAN BOULDER, CO 80302 146 WILD TIGER RD DURANT AH LLC ASPEN, CO 81612 PO BOX 4068 VAUSE FAMILY TRUST LAS VEGAS, NV 89102 3020 PLAZA DE MONTE BAKER HUGH LEE JR ASPEN, CO 81611 555 E DURANT AVE #2K WORCHESIK JILL CROSBY, TX 77532 202 4TH ST WORCHESIK SHANNON CROSBY, TX 77532 202 4TH ST ANDINA SUPER LLC MANLY NSW AUSTRALIA 1655, PO BOX 1177 555 E DURANT HOLDINGS LLC MILFORD, MA 01757 221 E MAIN ST #203 JACKSON JERRY & SHARON CHARLOTTE, NC 28211 2823 PROVIDENCE RD #173 COLORADO HOLDINGS LLC RENO, NV 89502 990 S ROCK BLVD #F CAVES KAREN W NEWPORT BEACH, CA 92660 1 BARRENGER CT HENDRICKS SIDNEY J & YOLANDE EVERHARD PETALUMA, CA 94954-9256 6614 LAKEVILLE RD RUBY RICHARD L TRUST BINGHAM FARMS, MI 48025 30150 TELEGRAPH RD STE 300 RESNICK EDITH L TRUST BLOOMFIELD HILLS, MI 48302 2245 CAMEO LAKE DR K&W PROPERTIES INC NEW SMYRNA BEACH, FL 32168 728 W CANAL ST ROGENESS FAMILY TRUST SAN ANTONIO, TX 78230 3046 COLONY DR P71 IX.c ECCHYMOSIS LLC LONG BEACH, CA 90803 4802 E 2ND ST # 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Galena Street Aspen, CO 81611 Re: Land use application for 611 E Durant Ave, Aspen CO Little Nell Subdivision, Lot 2; Parcel ID: 273718250102 Dear Hillary, Please find attached the requested materials for the land use application pending for 611 E. Durant. As you know, the Aspen Skiing Company is seeking a temporary use permit to seasonally install the fence as depicted in the attached drawings. We would respectfully request the maximum term allowable for a temporary use, but understand this is at the discretion of Council. The fenced area under the stairs will be used to store ski carts in the evening while the skis are awaiting transfer to one of the other Aspen Snowmass ski areas. The fence will be in place during winter operations for Aspen Mountain and can be expected to be installed and removed within a week following open or close of season. Please let me know if you need any further information in advance of deeming this application as complete. Thank you for all your assistance to date on this project. Sincerely, Dana Dalla Betta Project Manager Aspen Skiing Company P79 IX.c P80 IX.c P 8 1 I X . c P 8 2 I X . c P 8 3 I X . c P 8 4 I X . c P 8 5 I X . c P 8 6 I X . c P 8 7 I X . c EX I S T I N G S T A I R S EX I S T I N G C O L U M N S LI N E O F E X I S T I N G S T A I R S A B O V E NE W S K I S T O R A G E A R E A (A P P R O X I M A T E L Y 2 3 0 S Q . F T . ) NE W G A T E NE W S K I S T O R A G E F E N C E EX I S T I N G " A S C W E S T WI N G " B U I L D I N G RE : A 3 . 0 0 F O R WE S T E L E V A T I O N BIKE RACK. ADDITIONAL BIKE RACKS WILL BE PROVIDED DURING THE SUMMER ONCE THE FENCING HAS BEEN REMOVED PR O P E R T Y L I N E AS C W E S T W I N G B E L O W GO N D O L A P L A Z A A B O V E DE A N S T R E E T V A C A T E D H U N T E R S T R E E T A2 . 0 1 ST A I R S AB O V E PR O P O S E D S T O R A G E (D A S H E D I N R E D ) SCALEPROJECT NUMBER DATE DRAWN BY CHECKED BY COPYRIGHT 2015 - 8150 ARCHITECTS LLC8150 ARCHITECTS LLC PO BOX 241 BASALT, COLORADO 81621 970.376.3326 INFO@8150ARCHITECTS.COM As indicatedA2.0PLANS & PHOTOS1507ASPEN MOUNTAIN GONDOLA PLAZA SKI STORAGE 10.26.2015 ML ML611 E. DURANT AVE. ASPEN, CO 81612 CONCEPTUAL DESIGN 10.26.2015 1 / 4 " = 1 ' - 0 " FL O O R P L A N 1 1 / 1 6 " = 1 ' - 0 " SI T E P L A N 3 PH O T O O F E X I S T I N G S I T E W I T H L O C A T I O N O F PR O P O S E D S T O R A G E D A S H E D I N R E D 2 # D E S C R I P T I O N D A T E PH O T O O F E X I S T I N G S I T E 4 P88IX.c P 8 9 I X . c P90 IX.c November 2, 2015 Jennifer Phelan Planning Deputy Director City of Aspen Planning Department 130 S. Galena Street Aspen, CO 81611 Re: Land use application for 611 E Durant Ave, Aspen CO Little Nell Subdivision, Lot 2; Parcel ID: 273718250102 Dear Jennifer, Thank you for your letter dated 11/2/15 regarding the pending land use application for 611 E. Durant. In response to your letter, please accept the following additional information. Request: Written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with review standards relevant to the development application and relevant land use approvals associated with the property. Please provide color graphics as well as a material sample (at least via photos) to better understand the design and materials proposed. Response: The proposed scope of work will add a fenced enclosure under the existing stairs from Durant. Ave to the upper level of the Gondola plaza as shown in the architectural drawings submitted on 10/28/15. The enclosed area will be utilized by the Aspen Skiing Company for pick up, transfer and storage of equipment to or from another Aspen/Snowmass resort. This activity occurs each evening. The enclosure will not create additional net leasable space or have any impact on setbacks or building heights etc. The fence is proposed to extend full height to a maximum height of 10’ at the top of the stair rake so as to be fully secure against theft. The height will exceed what is allowable under the Land Use code, but can be approved by Council as a temporary, seasonal installation if deemed appropriate. The fence will be mounted to the existing structure of the stair and done so in a way that most elements will be removed at the close of the ski season. The fence will be attached to permanent anchors placed in the concrete columns and existing walls which make up the stair structure above. The fence will be constructed of steel. It will be designed in keeping with the existing guardrail and stair handrail on the Gondola Plaza per the photos below including square/rectangular frame elements and circular picket elements. The main variation between the existing design and the proposed fence will be the spacing of the vertical bars. The existing fence meets code for safety purposes, but would not be secure against theft. As such, the vertical bars will be placed closer together and will extend to the top of the frame. The fence will be finished to match the matte/satin black finish of the existing guardrail. P91 IX.c Gondola Plaza- existing guardrail at elevator and upper plaza Request: Please respond to the review criteria for a temporary use, section 26.450.030. Response: The following criteria are evaluated when considering a temporary use: A. The location, size, design, operating characteristics and visual impacts of the proposed use. a. The proposed temporary use will be located under an existing structure and will have minimal impact to the public from the street view. The fenced area will be most visible from the interior of the adjacent retail space. The open design of the fence will minimize any disruption to natural light into the retail space. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. a. The proposed area will not change the character or density of the uses in the immediate vicinity. The uses in the immediate vicinity, particularly during the time at which this area will be in use, are ski and recreational activities. This use will act as accessory support space to the primary recreational and tourism based use. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. a. The proposed area will have no impact on vehicular traffic as this area is inaccessible to cars. There will also be no impact to pedestrian flow of traffic as this area is currently blocked by bike racks. Bike racks will continue to be provided in reduced or relocated capacity while the temporary structure is in place. Bike storage in the summer, when it is most heavily utilized, will not be impacted. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. a. The structure would be in place from the start of ski season (approximately Thanksgiving) until the close of ski season on Aspen Mountain (typically early April). In no case shall it exceed the allowable 180 day term per year. There is no temporary, full seasonal use currently approved for this property. E. The purposes and intent of the zone district in which the temporary use is proposed P92 IX.c a. The temporary use is proposed in a SPA or Planned Development area, approved for the uses currently in place. The underlying zoning is Commercial Core (CC). The Land Use Code describes CC as uses which “support and enhance the business and service character in the historic central business core of the City.” The ski transfer service provided to Aspen Skiing Company’s guests is a valued service which allows guests to more easily enjoy the opportunities of the Aspen/Snowmass area. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. a. This question is not applicable to this temporary use application. The proposed temporary use is in keeping with the recreational and tourist base use of the Gondola Plaza. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. a. The proposed temporary use will have no impact on general public health, safety or welfare. Thank you for reviewing these responses. Please feel free to reach out with any additional questions or comments. Sincerely, Dana Dalla Betta Project Manager Aspen Skiing Company P93 IX.c 1 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Nadolny, Planner Technician THRU: Chris Bendon, Community Development Director RE: Temporary Use Request – Grey Lady Restaurant, 305 S. Mill St., Resolution No. 135, Series of 2015 MEETING DATE: December 1, 2015 APPLICANT: 305-7 Mill St LLC, 2001 N. Halsted #304, Chicago, IL 60614 REPRESENTATIVE: Ryan Chadwick LOCATION: 305 S. Mill St. CURRENT ZONING: Commercial Core SUMMARY: The Applicant is seeking a 10-day temporary use approval to erect a plastic and canvas tent with external velvet drapes over the site’s public amenity space from December 24, 2015 through January 3, 2016. STAFF RECOMMENDATION: Staff is recommending denial of this application, finding that it does not meet the criteria for temporary use approval. Alternatively, Staff suggests Council may choose to approve this request as part of a larger plan to allow all restaurants and cafés in the city to erect similar tent structures on their sites for the same ten-day period, which extends through the Christmas and New Year’s holidays. Photo: Image of tent on site from January 2015 approval. Structure materials have been updated, per Exhibit B, attached. REQUEST OF CITY COUNCIL: The Applicant is requesting Temporary Use approval in accordance with Chapter 26.450 of the Land Use Code for a period of ten (10) days. The code allows City Council to grant a temporary use request for up to 180 days. City Council is the final review authority in this matter. PROJECT LOCATION: The subject site is located in the historic Commercial Core zone district, at the corner of the Mill Street pedestrian mall and E. Hyman Avenue, across from the Wheeler Opera House. BACKGROUND: This matter has been before City Council twice prior to this request. In October of this year City Council denied the Applicant’s request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent’s use of plastic and canvas materials and questioned the temporary nature of the structure that keeps reappearing seasonally. P94 IX.d 2 PREVIOUS APPROVALS: In January, 2015 Council granted the Applicant temporary seasonal approval for this tent to be erected on-site through April 15th of the same year. Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. Prior to this review Staff approved a seven-day tent permit for the site. After the tent was not removed the matter was directed to Council for review. CURRENT REQUEST: The Applicant is requesting temporary use approval to erect a tent over the site’s approved public amenity space from December 24, 2015 through January 3, 2016. City Council reviewed this structure last January and most recently last October for a seasonal use request. Since those reviews the Applicant has proposed physical changes to the structure and the operation of the space. In response to Council’s concern over the structure’s plastic and canvas materials, the Applicant has proposed the addition of weather-treated blue crushed velvet curtains to the exterior of the tent’s plastic windows. The curtains are proposed to be tied back with heavy rope. The Applicant suggests this may help to alleviate Council’s concern regarding the materials, and may cause the structure to better relate to the character of the historic district. The Applicant is further proposing the space to be utilized by the general public during the restaurant’s non-operating hours. The Applicant has indicated there will be wi-fi internet connection available, table and chairs, heaters and hot beverages, and the public may make use of this space to meet, work, wait for the bus, etc. STAFF FINDINGS: Staff’s concerns remain unchanged from those discussed at the previous hearings. The structure’s primary materials (canvas and plastic) do not reflect those traditionally found in the zone district, and the addition of the exterior velvet curtains does not cause the structure to better relate to the character of the district. In fact, the proposed exterior drapes Image right: Artist rendering of tent with external crushed velvet curtains. P95 IX.d 3 contribute to a more privatized sense of space in an area that is intended to be used as public amenity. The Code no longer permits the use of fabric and plastic “add-ons” such as tents and airlocks, and the Applicant has been repeatedly directed by Staff and Council to find a more permanent solution with a design that is compatible with and sensitive to the historic commercial character area. The restaurant is located in a high-traffic vehicle and pedestrian area and should be created to better reflect the materials, design, and overall architectural vernacular of the historic downtown core. Temporary use is a way of bypassing design review and employee mitigation requirements associated with the increase in commercial space. This request has been granted in the past as a one-time use. The Applicant did not immediately remove the tent when the original temporary use expired. The Applicant’s recurring requests calls into question the intent of this structure as a temporary use. STAFF RECOMMENDATION: Staff remains unsupportive of this request as proposed. Council may choose to approve the request with the condition that the tent be removed fully on the eleventh day, January 4th, after the temporary use has concluded. Staff suggests Council hear testimony from the applicant concerning removal plans and consequences. Alternatively, Staff may support this request with the condition that City Council allow all restaurants and cafés within the City of Aspen to utilize each site’s exterior private property in the same manner, limited to December 24, 2015 through January 3, 2016, with all temporary structures to be fully removed by January 4th. Not only will this create a more equitable situation for all restaurant/café owners who may be interested in this opportunity, but it will serve as a trial run for these businesses during the holiday season. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): “I move to approve Resolution #135 Series of 2015 to allow the erection of the tent over the public amenity space at 305 S. Mill St. from December 24, 2015 through January 3, 2016, with its complete removal by January 4, 2016. Attachments: Exhibit A – Review Criteria Exhibit B – Rendered Image of Tent on Site Exhibit C – Application P96 IX.d 1 RESOLUTION NO. 135 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF A PLASTIC AND FABRIC TENT AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 273718217004 WHEREAS, the Community Development Department received an application from 305-7 Mill St. LLC, with Ryan Chadwick as the representative, requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building from December 24, 2015 through January 3, 2016; and, WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the extended temporary use proposal meets or exceeds all applicable development standards associated with the request; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of a plastic and canvas tent on-site over the existing trellis that covers the public amenity space on the subject site from December 24, 2015 through January 3, 2016. Section 2: All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development P97 IX.d 2 approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this 1st day of December, 2015. Steven Skadron, Mayor Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney P98 IX.d 1 Exhibit A Review Criteria Section 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: The tent was erected on the site in the same location last winter season, so Staff has had the benefit of viewing this and its operational characteristics on-site. The proposed tent is adjacent to the indoor commercial space, will cover the outdoor trellis and measures approximately 800 sq. ft. The tent has been designed from a heavyweight gray canvas fabric with clear plastic windows and sides that can be rolled up. The applicant is also proposing to dress the exterior windows with floor length crushed velvet drapes. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant. The proposed structure covers the trellis with solid, opaque fabric which represents an increase in the commercial space of the restaurant using materials that are not compatible with the structures within the historic Commercial Core. The applicant is proposing to allow the structure to be used by the general public during the hours the restaurant is closed. The space is proposed to have free wi-fi internet access, table and chairs, heaters, and potentially hot beverages. However, the primary use will remain as an extension of the restaurant space. Given the impacts to the historic district, Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires public amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent with the heavy drapes create a private space that is neither open to the sky, nor contributing to the vitality of the area. Staff has worked with business owners to rid the town of these sorts of temporary structures. Particularly within the historic zone district, a canvas and plastic structure is out of character with the surrounding architecture. Staff finds this criterion to not be met. P99 IX.d 2 C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The subject site is located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave, across from the Wheeler Opera House. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however this is generally compatible with the nature of businesses in the surrounding area. Of most concern is the neighborhood character piece of this criterion. Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, and the addition of the velvet drapes does not reflect a material historically used within the district. The applicant has brought this request before Staff and Council multiple times now. The proposed exterior changes do not cause the structure to be any more compatible with the character of the area. Staff finds this criterion to not be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The Applicant is proposing to maintain the tent structure on the property for a ten day period from December 24, 2015 through January 3, 2016. Prior to this application City Council granted a te mporary use approval for the same request on January 26, 2015 through April 15, 2015, as a one-time allowance. Preceding Council’s approval Staff had administratively granted a seven-day tent permit for this parcel from December 26, 2014 through January 1, 2015. The tent was never removed from its location on the parcel which led to the request before City Council. The matter recently went before Council in October to request the structure to be maintained on-site through the duration of the winter season. Council denied this request. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. P100 IX.d 3 Staff Response: The use of the tent as an extension of the restaurant is in itself not an incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. This tent is a temporary fix to an ongoing problem. The space is used as outdoor dining during the warmer months, and the tent is an expansion of commercial space during the winter season without mitigation for such an increase. Furthermore the applicant continues to request a temporary use approval instead of heeding Staff and Council’s direction to find a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion to not be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent will allow patrons of the Grey Lady restaurant to use the outdoor dining space during the winter months. The space is not currently approved for indoor commercial use, therefore the applicant is creating a solution to a problem that should not exist without proper approval and mitigation for the space to be used in the proposed manner. Furthermore this is the fourth request of the applicant to erect the structure on site, and the third request of City Council. Staff finds this criterion to not me met. P101 IX.d 2 P102 IX.d Exhibit B Rendered Image of Tent on Site P 1 0 3 I X . d P104 IX.d P105 IX.d P106 IX.d P107 IX.d P108 IX.d P109 IX.d P110 IX.d P111 IX.d P112 IX.d P113 IX.d P114 IX.d P115 IX.d P116 IX.d P117 IX.d P118 IX.d P119 IX.d P120 IX.d P121IX.d