HomeMy WebLinkAboutagenda.council.regular.19990726 CITY COUNCIL AGENDA
July 26, 1999
5:00 PoM,
I. Call to Order
II. Roll Call
Ill.Scheduled Public Appearances
a) Proclamation - Volunteerism Colorado Cares
b) Resolution #63, 1999 - Supporting Wilderness Designation for Certain BLM Lands
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Request for Funds - Recreation Facility Fact Finding Trip
b) Resolution #61, 1999 -Window Replacement Contract- Yellow Brick
c) Ordinance #33, 1999 - 308 No. First Addition to Historic inventory
d) Ordinance #32, 1999 - Code Amendment Conservation District Dimensional
Requirements
e) Resolution #62, 1999 - Readoption of Annexation Plan
f) Trolley Lease Proposal
g) Minutes June 28, July 12, 1999
VII. Public Hearings
a) Ordinance #12, 1999 - Barbee Annexation
b) Ordinance #29, 1999 - Code Amendment - Delivery Vehicles
c) Ordinance #30, 1999 - Code Amendment, Exempting Trash Enclosures from Bldg.
Code
d) Ordinance #31, 1999 - Sale of Revenue Bonds
VIII'. Action Items
a) Request for Funds - Yellow Brick
b) Ballot Language - Bass Park
IX. Information Items
a) Wheeler Board Minutes- June 10, 1999
X. Adjournment
Next Regular Meeting August 9, 1999
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
A RESOLUTION OF THE CITY OF ASPEN, COLORADO
SUPPORTING WILDERNESS DESIGNATION FOR CERTAIN
BLM LANDS
WHEREAS, Congressional Wilderness Designation gives permanent
protection to the natural, scenic, recreational, and biological values of
federal lands, and certain lands administered by the Bureau of Land
Management (BLM) in Colorado possess such natural, scenic, and
biological values of an outstanding nature.
WHEREAS, a variety of uses, including high impact activities such
as resource extraction and low impact activities such as non-motorized
recreation, are appropriate on lands administered by the BLM.
WHEREAS, Wilderness Designation of some lands administered by
the BLM would leave many other lands open to higher impact uses.
WHEREAS, these potential Wilderness lands are highly valued by
Colorado residents for activities such as hunting, hiking, horseback riding,
boating, camping, fishing, grazing, cross-country skiing, snowshoeing,
wildlife viewing and birdwatching.
WHEREAS, Colorado residents, including many in Aspen, place a
high value on natural and scenic landscapes as an important aspect of
quality of life, and protection of land in its natural state helps to preserve
this quality of life.
WHEREAS, many citizens of Colorado, including Aspen, support
permanent protection of additional BLM lands in Colorado as Wilderness.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO, THAT:
The City of Aspen supports Wilderness Designation for the 50 areas
(approximately 1.4 million acres) described in the "Conservationists
Wilderness Proposal for BLM lands."
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 261h day of July, 1999.
[SEAL] CITY OF ASPEN, COLORADO
BY:
Mayor
Attest:
BY:
City Clerk
cbd-07/22/99-g:\council\legisBLMLANDS.DOC
Vt L
MEMORANDUM
TO: MAYOR & CITY COUNCIL ~
THRU: CITY MANAGER' S OFFICE
FROM: TIM ANDERSON, RECREATION DIRECTOR
DATE: JULY 14, 1999
RE: FUNDING TO LOOK AT OTHER FACILITIES
Summary:
The Recreation Department is seeking $1,100 from the general fund contingency for the
purpose of taking the Pool/Ice building committee to visit other similar facilities. We feel
it is important that our building committee be able to examine other facilities in regard to
materials and design, operational concerns, and what maintenance concerns there may be.
It would be quite helpfnl to learn from others' mistakes in designing our own facility.
The funding would cover five (5) rooms for one (1) night and meals for two (2) days.
Staff would plan to take the building committee made up of the following individual s:
Steve Buettow, local architect
2. Bob Helmus, local builder
3. Evan Gull, local businessman and president of junior hockey
4. King Woodward, chairman of Maroon/Castle Creek Caucus
5. A1 Beyer, local architect and chairman ofmens hockey
6. Wayne Stryker, local architect
7. Tom Moore, local developer
8. Don Westerlm~d, AMP representative
In addition there would be three (3) staff member accompanying the building committee:
Tim Anderson, Recreation Director, Kevin Dunnett, Parks Planner, and either Ed Sadler
or Scott Duryea representing construction management.
We would take a two day, one night trip through Avon, Silverthorne, Breckenridge,
Golden, Boulder, Lafyette, Ft. Collins, and a couple other towns who have similar
facilities. All of these towns have facilities that either have a pool or ice facility we could
tour and ask questions.
Staff is recommending funding of this trip as the information obtained for design and
future operations could more than save the cost of the travel.
MEMORANDUM
TO.' MAYOR & CITY COUNCIL Of
THR U: CITY MANAGER 'S OFFICE
FROM.' TIMANDERSON, RECREATION DIRECTO
ED SADLER, ASSET MANAGER ~__~
DATE: JULY 8, 1999
RE.' YELLOW BRICK WINDOW REPLACEMENT
Summary:
In August of 1998, City Council approved funding for certain improvements to the
Yellow Brick School. One of the improvements included in the appropriation of funds
was for the replacement of windows in the building. Staff recently solicited bids for the
replacement of windows at the Yellow Brick and received the attached proposal. The bid
came in at $100,325. The budgeted amount for this work was $100,000. This bid meets
all energy efficiency and construction specs as identified in the request for bids. Staff
worked with C.O.R.E. in establishing the specs for windows to insure they met energy
efficient measures. Work would begin in August of 1999 to insure that temperatures are
of a nature not to cause any undue discomfort to the tenants of the building. In addition
one classroom is vacant during the month of August so that we may relocate tenants
while windows are being replaced in any given room.
Staff is recommending the approval of this contract as the work has been approved and
funded by Council in previous actions.
RESOLUTION NO. 61
(SERIES OF 1999)
A RESOLUTION GRANTING THE CONSTRUCTION CONTRACT TO C. HAROLD
UNGLERT, FOR THE CITY'S WINDOW REPLACEMENT SERVICES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF
OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract between the City
of Aspen, Colorado and C. Harold Unglert, 86 Sagewood Ct., Basalt, Colorado 81621, a copy
of which contract is annexed hereto and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the contract between
the City of Aspen, Colorado, and C. Harold Unglert, regarding the Window Replacement
Services contract for Yellow Brick School, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute said contract on behalf of the
City of Aspen.
Dated: ,1999.
Rachel E. Richards, Mayor
I, Kathryn Koch, duly appoimed 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 ,1999.
Kathryn S. Koch, City Clerk
CONTRACT FOR CONSTR!~CTION
(siort Form)
THIS CONTRACT, made a~d entered ~ on .Tuly 13, 1999, by and between the
CIT¥ OF ASPEN, Colorado, hereinaf~r c~ted the "City", and C. Haro]d Ung]ert,
hereina~er called the 'Contractor".
THEREFORE, in consideration of the ~tual covenants and Contracts herein
contained, and for other good ~md valuable. aT~onsideration, the receipt and adequacy of
which are hereby acknowledge~, the parties B~reto hereby agree as follows:
1. Construction d Project. Contractor agrees to furnish all labor,
materials, tools, machinery, equipment, l~p~orary utilities, transportation and any
other facilities needed therefor. and to compl~ in a good, workmanlike and substantial
manner the Project as describ~in the Scope~f Work and/or Proposal appended hereto
as Eyahibit "A" which is incorl~rated herein~;~ks if fully set forth (the "Project").
2. Plans and Spe~ations; C~Hance with Laws. The. Project is m be
constructed and completed in strict conf~a~ance with the Scope of Work and/or
Proposal appended hereto for lk same appn~ed in writing by the parties hereto. The
Project shall also be constmcl~ and comi~leted in strict compliance with all laws,
ordinances, rules, regulations ofall applicahl~e~,governmental authorities, and the City of
Aspen Procurement Code, Tic 4 of the ~unicipal Code, including the approval
requirements of Section 4-08-010. Contracta~r .shall apply for and obtain all required
permits and licenses and shall lay all fees tlme~refor and all other fees required by such
governmental authorities.
3. Payments to Gintractor. ~ consideration of the covenants and
Contracts herein contained bcixg performe~ and kept by Contractor, including the
supplying of all labor, matcaVils, and s~s required by this Contract, and the
construction and completion ofl~e Project, CYiry agrees to pay Contractor a sum not to
exceed One Hundred Thousand Three ~dred Twenty Five and No Cents
($100,325.00) DOLLARS or as shown on l~Ibit "A" .
4. Commencement ami Completlmn. Contractor agrees to commence work
hereunder immediately upon =xecution ~f, to prosecute said work thereafter
diligently and continuously to completion, stud in any and all events to substantially
complete the same not later Jan August ~1, 1999, subject to such delays as are
permissible under the "Extensim of Time for'Completion" section of this Contract.
CC5-971.doc Page: 1
5. Payment of Bills, and Charges. Contractor shall pay promptly all valid
bills and ChargeS for materink ~or, machinery, equipment or any other service or
facility used in conm~ction wit~ ,or arising out of the Project, and shall obtain periodic
releases from all subcontractot~s and material suppliers supplying labor or materials to
the Project concurrently ~ Contractor's delivering any payment to such
subcontractors and material stl~liers, Contractor shall indemnify and hold City and
City's officers, employees, ag~, successors and assigns free and harmless against all
expenses and liability suffered[ or incurred in connection. with the claims of any such
subcontractors or material sultlpliers, including but not limited to court costs and
attomey's fees resullhg or ari~ therefrom; provided that Contractor shall be excused
from this obligation m the ex~e~nt that City is in arrears in making the payments to
Contractor. Should a~y liens or~ctaims of lien be filed of record against the Property, or
should Contractor receive notice of any unpaid bill or charge in connection with
construction of the Project, Contractor shall immediately either pay and discharge the
same and cause the same to be Palleased of record, or shall furnish City with the proper
indemnity either by title policy or by corporate surety bond in the amount of 150% of
the amount claimed lltrsuant t~ ~mch lien.
6. Releases. Cuntmetor shall, if requested by City, before being enti~ed to
receive any payment due, furn~ to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly .receipted and
identified, covering work done and the materials furnished to the Project and showing
an expenditure of an amount ac~t less than the total of all previous payments made
hereunder by City to Contractotv.
7. Hierardty of Pnlj~zt Documents. This Contract and the PropoSal or
Scope of Work appended hene~ as Exhibit "A" are intended to supplement one
another. In case of conflict, hcswever, this Contract shall control both.
8. Clnan~l~s in the Work. Should the City at any time during the progress
of the work request any moditieations, alterations or deviations in, additions to, or
omissions from this Contract crt ~he Proposal/Scope of Work, it shall be at liberty to do
so, and the same shall in no ~anty affect or make void this Contract; but the mount
thereof shall be amafized over I:he remaining term of this Contract and added to or
deducted, as the case may be..~om the payments set forth in Paragraph 3 above by a
fair and reasonable valuation, l~ased upon the actual cost of labor and materials. This
Contract shall be deemed to be c~mpleted when the work is finished in accordance with
the original Proposal or Scop~ of Work as mended or modified by such changes,
whatever may be the nature or ~ .extent thereof. The role of practice to be observed in
fulfillment of this l~tragrapli shall be that, upon the demand of either City or
ConUractor, the chant~ter and ~ation of any or all changes, omissions or extra work
shall be agreed upo~ and fnceal :in writing, signed by City and Contractor, prior to
performance.
CC5-971.doc Page: 2
9. Contractor's Failure to Perform. Should Contractor, at any lime
during the pzm~gress of the work, refuse or fail to supply sufficient material or worldhen
for the expe~nious progress of said work or fail to perform any other provisions of th/s
Contract~ CJ:jz may, upon giving notice in writing to Contractor as provided herein and
upon Con~r' s failure to remedy any such failure with/n 3 days from receipt of such
notice, tef~ate fills Contract and provide the necessary material and workmen to
fmish the w~dc :and may enter upon the Property' for such purpose and complete said
work. The e~pense thereof shall be deducted from the payments remaining ,nder
Paragraph 3 a~ove, or ff the total cost of the work to City exceeds the amount of such
remaining p~J~ments, Contractor shall pay to City upon demand the amount of such
excess in acl~alon to any and all other damages to which City may be entitled. tn the
event of suc~ ennination, City may take possession of all materials, equipment and
appliances belonging to Contractor upon or adjacent to the Property upon which said
work is being l~erformed and may use the same in the completion of said work. Such
termination .~dl not prejudice or he exclusive of any other legal rights which City may
have against Contractor.
10. I~xtension of Time for Completion. Time is of the essence of this
Contract an~IContractor shall substantially complete the work during the time provided
for herein. flowever, the time during which Contractor is delayed in said work by (a)
the acts of City or its agents or employees or those claiming under Contract with or
permission ~ City, or Co) the acts of God which Contractor could not have
reasonably f~eseen and provided against, or (c) unanticipated stormy or inclement
weather wh~c/a a~ecessarily delays the work, or (d) any strikes, boycotts or obstructive
actions by e:~nployees or labor organizations and which are beyond the control of
Contractor amJ which it cannot reasonably overcome, or (e) the failure of City to' make
progress pay~nents promptly, shall be added to the time for completion of the work by a
fair and reasonable allowance. Contractor recognizes, however, that the site of the
work is in t:~eRocky Mountains at a high elevation where inclement whether conditions
are common_ ~s fact has been considered by Contractor in preparing its Proposal and
or agreeing ~the Scope of Work. Furthermore, Contractor shall have the right to stop
work if any graymeat, including payment for extra work, is not 'made to Contractor as
provided in ~ig Contract. In the event of such nonpayment, Contractor may keep the
job idle until all payments then due are received.
11. Unforeseen Conditions. R is understood and agreed that Contractor,
before incut~'~.~ any other expenses or purchasing any other materials for the Project,
shall procee~l ~eo inspect the work site and all visible conditions and that if, at the time
of inspectiom~erefor, the Contractor finds that the proposed work is at variance with
the condition~s .indicated by the Proposal, Scope of Work, or information supplied by
City, or shouM Contractor encounter physical conditions below the surface of the
ground of an ~anusuai nature, differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in this Conlxact
or inherent ~t:a work site located in the Rocky Mountains, Contractor shall so notify
City, and Ci~y shall at that tune have the right and option to immediately cancel and
CC5-971.doc P~e: 3
terminate this Contract or to i~smict C~ctor to continue the work and add the
additional mount attributable to ~uch um/Toreseen conditions to the payments due
Contractor as set forth above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual cos~ of the work done prior to the tune of
cancellation. In computing ~ch costs, limitding permit fees, insurance and such
financing and title charges as are not tff~mdable shall be included; provided that
supervision time, office overhead amd prcli~!xShall not be included in such costs to be
refunded to Contractor by reason of such caraeellation.
12. Acceptance by City. lslo pag!mment hereunder nor occupancy of said
improvements or any part thereof shall be ommstrued as an acceptance of any work done
up to the tune of such payment or o~cupmmel, :'but the entire work is to be subject to the
inspection and approval of City at the ~ 'when Contractor notifies City that the
Project has been completed.
13. Notice of Completion; Contra~ar's Release. City agrees to sign and file
of record within five (5) days afte~ the s~$slantial completion and acceptance of the
Project a Notice of Completion. ff City fails to so record the Notice of Completion
within said five (5) day period, Citl hereby appoints Contractor as City' s agent to sign
and record such Notice of Completim on CEt]t's behalf. This agency is irrevocable and
is an agency coupled with an interel. Co.i~actor agrees upon receipt of final payment
to release the Project and property from amy and all claims that may have accrued
against the same by reason of said construelion. If Contractor faithfully performs the
obligations of this Contract on its part to be ~aerformed, it shall have the right to ~efuse
to permit occupancy of any stmctt~s by ~ or City's assignees or agents until the
Notice of Completion has been reca'ded a~l Contractor has received the payment, if
any, due hereunder at completion ofconstme~n, less such mounts as may be retained
pursuant to mutual Contract of City ~ Co~ractor under the provisions of Paragraph 3
" above.
14. Insurance.
a. The Contractor agre~ to tntx~etwe and maintain, at its own expense, a
policy or policies of insurance mffi~nt to i~re against all liability, claims, demands,
and other obligations assumed by the Contmm~ pursuant to the terms of this Contract.
Such insurance shall be in addition la any o~iher insurance requirements imposed by this
contract or by law. The Contractor slall nothe relieved of any liability, claims, demands,
or other obligations assumed pm'suaatto the~e~ras of tiffs Contract by reason of its failure
to procure or maintain insurance, ~ by reason of its failure to procure or maintain
insurance in sufficient mounts. dartion, or e3l~es.
b. Contractor shall proare ancl ~maintain, and shall cause any subcontractor
of the Contractor to procure a~xl mahtain, the minimum insurance coverages listed in the
CC5-971.doc Page: 4
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such
coverage shall be procured and maintained with forms and insurance acceptable to City.
All coverage shah be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Contractor pursuant to the terms of this Contract. In the
case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance ~o cover obligations imposed
by applicable laws for any employee engaged in the performance of work under
this contract, and Employers' Liability insurance with miningurn 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
Workmen' s Compensation requirements of this paragraph.
2. 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
ap01icable 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 include coverage for explosion, collapse, and underground hazards.
The policy shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than
ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MII.LION DOLLARS ($I,000,000.00) aggregate with respect to each
Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of the services. The policy shall contain a severability of interests
provision. If the Contractor has no owned automobiles, the requirements of this
Section 5.4.2.3 shall be met by each employee of the Contractor providing
services to the City under this contract.
c. Except for any Professional Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the
City of Aspen's officers and employees as additional insureds. Every policy required
above shall be primary insurance, and any insurance carried by the City of Aspen, its
officers or employees, or carried by or provided through any insurance pool of the City
of Aspen, shall be excess and not contributory insurance to that provided by Contractor.
No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The
CC5-971.doc Page: 5
Contractor shall be solely responsible for any deductible losses under any policy required
above.
d. The certificate of insurance provided by the City of Aspen shall be
completed by the Contractor's insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full rome and effect, and shall
be reviewed and approved by the City of Aspen 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 coverage 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 of Aspen.
e. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation against
the City of Aspen, it being the intention of the parties that the insurance policies
so effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described imurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the mount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect
at least fifteen (15) days prior to a policy's expiration date except for any policy expiring
on the expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, 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. All moneys so
paid by City shall be repaid by Contractor to City upon demand, or City may offset the
cost of the premiums against moneys due to Contractor from City.
CC5-~I.~c P~e:6
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
15. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft
or vandalism, any work done by Contractor in rebuild'mg or restoring the work shall be
paid for by City as extra work under Paragraph 8 above. If, however, the estimated
cost of replacement of the work already completed by Con. tractor exceeds twenty (20%)
percent of the insured sum set forth in Paragraph 14 above, City shall have the option
to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost,
including net profit to Contractor in the amount of ten (10%) percent, of all work
performed by Contractor before such cancellation.
16. Notices. Any notice which any party is required or may desire to give to
any other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
Ed Sadlet
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
C. Harold Unglert
P.O. Box 9441
Aspen, CO 81612
subject to the right of either party to designate a differera address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as Iraremitted by telecopier. or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or
certified matter, addressed as above provided, with postage thereon fully prepaid.
19. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final
acceptance of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
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(c) Contractor shall obtain, at City's expense, third party warranty contracts (to
be entered into by City).
10. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado,
and if applicable, in the County of Pit!tin.
11. Independent Contractor. It is expressly acknowledged and understood
by the parties that nothing in this Contract shall result in, or be construed as establishing
an employment relationship. The Contractor shall be, and shall perform as, an
independent the Contractor who agrees to use his best efforts to provide the Work on
behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be
deemed to be, the employee, agent or servant of the City. The City is interested only in
the results obtained under the Contract Documents. The manner and means of conducting
the Work are under the sole control of the Contractor. None of the benefits provided by
the City to its employees including, but not limited te, worker's compensation insurance
and unemployment insurance, are available from the City to the employees, agents or
servants of the Contractor. The Contractor shall be solely and entirely responsible for its
acts and for the acts of the Contractor's: agents, employees, servants and subcontraCtors
during the performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
22. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities
under r~ds Contract nor subcontract to others its rights and responsibilities under this
Contract, and any attempt to do so shall be void and constitute a material breach of this
Contract.
23. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
24. Entire Contract. This Contract contains the entire Contract between
City and Contractor respecting the matters set forth herein and supersedes all prior
Contracts between City and Contractor respecting such matters.
25. Waivers. No waiver by City or Contractor of any default by the other
or of any event, circumstance or condition permitting either to terminate this Contract
shall constitute a waiver of any other default or other such event, circumstance or
condition, whether of the same or of any other nature or type and whether preceding,
concurrent or succeeding; and no failure or delay by either City or Contractor to
CC5-971.doc Page: 8
exercise any right arising by reason of any default by the other shall prevent the
exercise of such right while the defaulting party continues in default, and no waiver of
any default shall operate as a waiver of any other default or as a modification of this
Contract.
26. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or
permitted, but each shall be cumulative and shall be in addition to every other remedy.
27. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or
equity shall be Pitkin County.
28. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in
connection with such action from the non-prevailing party.
29. Severability. Any provision in this Contract winch is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this
Contract are declared to be severable.
30. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, national origin, age,
marital status, sexual orientation, being handicapped, a disadvantaged person, or a
disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure
that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, sex, age, sexual orientation,
handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticesinp. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
31. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
32. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
CC5-971,doc Pag=: 9
a. The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an Contract or understanding
for a commission, percentage, brokerage, or contingency fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the
Contractor for the purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection. with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceed'rag or application, request for ruling, determination, claim or controversy, or
other particular matter, pertaining to this Contract or to any solicitation or proposal
therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of
the compensation to which he/she is otherwise entitled. The Contractor shall comply with
all applicable local, state and federal "anti-kickback" statutes or regulations.
33. Payments Subject to Annual Appropriations. ff the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation bY
the City beyond any amounts that may be, from tune to time, appropriated by the City on
an annual basis. It is understood that payment under any contract is conditional upon
annual appropriation of funds by said governing body and that before providing services,
the Contractor, ff it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date furst above written.
ATTESTED BY: CITY OF ASPEN, COLORADO
By:
Title:
CC5-971.doc Page: 10
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By:
City Engineering Depath~ent City Attorney
ATTESTED BY: CONTRACTOR:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If
a partnership, the Contract shall be signed by a Principal and indicate title.
CC5-971 .doc Page: 11
Yellow Brick School- Window Ret~lacement St~ecifications
(1) This contract'covers replacement of all exterior windows on the yellow brick school as listed
in the Yellow Brick School Window Schedule. Please read the notes listed on the Window
Schedule and Bid Sheet. These sheets are to be filled out by the contractor with the
appropriate information.
(2) Measurements included on schedules are for reference and general scope only. Contractors
must bid the job based on their own measurements. Contractors must inspect work prior to
bid submittal and take their own measurements at that time..~
(3) All replacement windows must meet or exceed State of Colorado and City of Aspen codes for
school building exterior windows.
(4) All replacement window installation practices must meet State of Colorado and City of Aspen
codes for school buildings - including child, occupant, and environmental safety.
(5) Billings shall be submitted monthly to: City of Aspen
Asset Management Department
130 South Galena Street, Second Floor
Aspen, Colorado 81611.
(6) Mobilization/Demobilization both initially and throughout the job must be included in the bid
price. The City of Aspen will incur no mtvel time or expenses outside of what is stated,
accounted for, and included in contractors bid.
(7) The bidder must supply (with bid) .window specifications by the manufacturer of the windows
to be installed. These specifications must include, at a minimum: type of glazing, number of
panes, type and build of frames, R-value and U-Value efficiency.
(8) The successful bidder shall guarantee the installed windows and frames to be water resistant
and flee from air infiltration and movement as specified by the window manufacturer
warrantee.
(9) All window panels listed in schedule are 3.5 feet wide by 73 inches high. Measurement is
centerline of frame to centerline of frame on width dimension. Height is outside dimension.
(10) A panel with opening refers to a window panel with an opening window section.
Approximately 33% of the size of the full panel should open, and openings should be
available on either the top or bottom of the window. The split between top opening and
bottom opening windows should be 50%/50%, and installed for maximum ventilation.
Operable windows must have screens to meet child-care facility guidelines.
(11) Where permits are necessa~'y for commencement of the work, it is the responsibility of
the contractor to obtain the permits.
(12) Completion of this contract must be on or before August 31, 1999.
(13) All bids must be received by the City by 3:00 P.M. on .1999 at:
City of Aspen
Asset Management Department
130 South Galena Street, Second Floor
Aspen, CO 81611
N~.~.~E~st to
............ . ~ ·
i ~=Ze 4: Phase list =~ m~sce!laneo~s items in Miscellaneous
C. Harold Unglert
WINDOW CONTRACTOR
I,icer~ed Remodel Contractor · PO Box 9441, Aspen · 86 Sagewood Ct. · Basalt, CO 81621 · Tdephene (970) 927-0676 ·
Fax (970) 927-8772
JULY 7, 1999
RE: YELLOW BRICK SCHOOLHOUSE WINDOW REPLACEMENT
WORK TO CONSIST OF;
1. REPLACING EXISTING SINGLE PANE WINDOW8 WITH VIKING
INDUSTRmS WH1TE EXTRUDED VINYL WINDOWS.
2. ALL WINDOWS TO KRYPTON GAS WITH LOW E. THIS HAS A
U FACTOR OF .22
3. ALL REMOVED WINDOWS WII.L BE CUT OUT AFTER GLASS IS
REMOVED.
4. NEW STOP WILL BE INSTALLED ON EXTERIOR OF BUILDING.
NEW STOP WILL BE MADE OUT OF WOOD AND THEN A
PREPAINTF~D ALUMINUM COIL WILL BE SECURED OVER THE
NEW STOP. THIS NEW STOP WILL BE CAULKED AND SEALED AS
REQUmED.
5. WINDOWS WILL BE MULLED TOGETHER WITH A MATCHING
EXTRUDF~D "H" CHANNEL.
6. NEW OPENING WINDOWS WILL BE AWNING WINDOWS, WITH
A CRANK HANDLE LOCATED AT THE BOTTOM OF AWNING
WINDOW. EACH AWNING WINDOW WILL HAVE AN INSIDE FULL
SCREEN.
7. ALL FULL PANELS OF GLASS NEXT TO THE DOORS IN
CLASSROOMS WILL HAVE REQUIRED SAFETY GLASS AS PER
UPC 2406.4.
PAGE 2
8, WORK WILL BE DONE ONE ROOM AT A TIME. WE WILL
REQUIRE THIS ONE ROOM EMPTY OF PEOPLE AS THE WORK
PROCEEDS AROUND THE BUILDING, EACH ROOM WILL BE 100%
COMPLETE AS THE WORK PROCEEDS AROUND THE BUILDING
9. EACH DAY ANY AND AI I. DF. RRIS WILL BE CI .EANED UP.
THIS DEBRIS WILL BE PUT IN A DUMPSTER, AS REQUIRF. D.
10, ALL EXTERIOR AND INTERIOR STOPS INSTALLED AS
REQUIRED TO INSTALL WINDOWS WILL BE FINISHED AS TO
MATCH EXISTING F/NiSHES,
11. COMPLETION DATE EXPECTABLE AS LONG AS DELIVERY OF
WINDOWS ARRIVE BY 8/1/99.
12. PAYMENT OF 50% REQUIRED UPON DELIVERY OF WINDOWS.
13. ALL WORK GUARANTEED FOR 1 FULL YEAR FROM
CONTRACTOR AND MANUFACTLrRE.
14. MANUFACTURE GUARANTEES ALL WINDOWS AGAINST
GLASS FAII.URE FOR A FULL 10 YEAR PERIOD.
15. ALL WORK DONE TO HIGHEST STANDARDS.
16. PERMIT AND ALL INSPECTIONS AS REQUIRED.
. . Viking Industries VISTAS Page 1 of 1
Model 10700 - Casement/Awning Window: U-Factors
Spacer Type HC Low-E Krypton ltC Low-E SC Low-E Krypton SC Low-E
Stainless Steel w/Grids .28 .22 .27 .21
Stainless Steel w/o Grids .28 .22 ,27 .21
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. Viking Industries VISTAS Page 1 of 2
Model 10700 - Casement/Awning Window: Specifications
GENERAL: Windows shall be Viking Model 10700 by Viking Industries, Inc. and
subsidiaries.
MATERIALS: Windows shall be fabricated from extruded, high-impact-resistant, rigid (PVC)
polyvinylchloride as specified in AAMA 303-93 with a nominal wall thickness of .080".
CONSTRUCTION: Nominal depth of frames shall be 3-3/8". Frame and vent members shall be
mitered and electrically heat-fused to provide a fully welded corner assembly.
FINISH: All window frame members shall have an integral color extruded throughout the profiles.
All exposed PVC surfaces shall be smooth and glossy and uniform in appearance. Standard finishes
shall be either white or almond, and white windows are available with a brown exterior.
GLASS and GLAZE'~G: All glass shall conform to the requirements set forth in the Uniform Building
Code with regard to glass thickness and safety glazing. Sealed insulating glass shall be triple glazed
1" overall and certified to meet a SIGMA "A" level rating. Outer and inner glass lites shall be Low-E
coated with a clear annealed center lite and separated by warm-edge spacers, and be dual sealed. All
glazing shall be of an exterior drop-in design, utilizing closed-cell foam tape to provide superior
sealing while still allowing field replacement. Exterior glazing beads shall be extruded from the same
formuiation as basic frame members.
HARDWARE: Casement - Each vent shall be secured with a multi-point locking handle
progressively engaging keepers attached to the frame and utilizes a crank-operated, dual-arm, roto
adjuster. Lock handle shall be made of die-cast zinc and roto adjuster has a color-matched plastic
cover. Awning - Each vent shall be secured with two lock handles engaging keepers attached to the
frame and utilizes a crank-operated, scissor-arm, roto adjuster. Lock handles and roto adjuster
housing shall be made of die-cast zinc. All vents shall be equipped with two slide-shoe friction
hinges. All interior metal hardware shall have a color-matched, baked-on, enamel finish. All
unpainted hardware and fasteners shall be of a corrosion-resistant material compatible with rigid
PVC. Optional stainless steel hardware packages are available.
WEATHER STR]PPING: Vents shall be weather-stripped around the full perimeter of the vent
assembly with "Q-LON" weather strip. Frames shall contain two rows of "Q-LON" weather strip
around the full perimeter of the vent contact surfaces.
SCREENS: Screen frames are to be assembled from .020" thick tubular roll-formed alaminum
sections fitted with 18 x 14 fiberglass mesrL Screens are fiat-mounted on the interior and are secured
with spring-pin plungers.
PERFORMANCE: Windows shall be tested and certified under the requirements of
AAMA/NWW~A 101/LS.2-97 covering structural, air and water performance for windows.
Windows shall bear an AAMA label indicating compliance for a class C-40 rating for Casements &
Awnings. Windows shall be tested, certified and labeled with U-factors in accordance with NFRC
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, .' . Viking Industries VISTAS Page 2 of 2
100-91 specifications for thermal transmittance. Windows shall be tested and certified to
CMBSO/CAWM 301-90 specifications for Forced Entry.
INSTALLATION: All windows must be installed and shimmed plumb, square, and level prior to
fastening into the building structure. Full support must be provided under the entire length of the sill
at both the interior and exterior surfaces. Flash and caulk around the window perimeter in
accordance with local building codes and good consmlction practices. Caution should be used when
applying foam insulation around the interior perimeter of the window frame to prevent distortion of
any frame members.
VIKING WARRANTIES: Viking window and door products are sold subject to the provisions of
Viking's limited warranties, which vary according to use of the product.
Owner-Occupied Single Family Residences: Windows and doors are to be free of defects in material
and workmanship as long as the original owner owns the home. Insulated glass units in the windows
and doors are to be free from material obstruction due to seal failure caused as a restfit of a defect in
material or workmanship. In case of failure of an insulated unit due to manufacturer's defect: Viking
will make a replacement unit available at no additional charge for a period often years from the date
of the original sale; after ten years from the date of the sale, Viking will charge a percentage of the
current price of the insulated unit. If unit failure due to manufacturer's defect should occur within
ONE YEAR of the date of sale, then Viking will provide the LABOR and materials necessary for
replacement of the failed unit, provided it is installed within 20 feet of ground level.
Other: Viking windows and doors used in construction other than owner-occupied single family
residences and sales of products exported from the U.S.A. are subject to differing warranty terms and
conditions. The applicable Viking warranty shotrid be reviewed prior to purchase and is available
upon request.
Note: The owner, builder and architect bear responsibility to make product selection on the basis of
applicable codes, as well as project and site requirements. Viking Industries, Inc. and Viking of
California, Inc. disclaim any responsibility in that regard. Viking's sales of products include standard
Viking Terms and Conditions, which should be reviewed and are available upon request. Viking
reserves the right, without notice, to change product design at any time without decreasing the
product specifications or performance.
The Viking Model 10700 possesses exceptional beauty and superior performance, backed by over 30
years of experience and service.
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$ .' . . Viking Industries VISTAS Page 1 of 2
Model 10600 - Fixed Picture Window: Specifications
GENERAL: Windows shall be Viking Model 10600 by Viking Industries, Inc. and subsidiaries.
MATERIALS: Windows shall be fabricated from extruded, high- impact-resistant, rigid (PVC)
polyvinylchloride as specified in AAMA 303-93 with a nominal wall thickness of.075".
CONSTRUCTION: Nominal depth of frames shall be 3-3/8". Frame members shall be mitered and
electrically heat-fused to provide a fully welded comer assembly.
FI],~SH: All window frame members shall have an integral color extruded throughout the profiles.
All exposed PVC surfaces shall be smooth and glossy and uniform in appearance. Standard finishes
shall be either white or almond, and white windows are available with a brown exterior.
GLASS and GLAZING: All glass shall conform to the requirements set forth in the Uniform Building
Code with regard to glass thickness and safety glazing. Sealed insulating glass shall be triple glazed
1" overall and certified to meet a SIGMA "A" level rating. Outer and inner glass lites shall be Low-E
coated with a clear annealed center lite and separated by warm-edge spacers, and be dual sealed. All
glazing shall be of an exterior drop-in design, utili~ng closed-cell foam tape to provide superior
sealing while still allowing field replacement. Exterior glazing beads shall be extruded from the same
formulation as basic frame members.
PERFORMANCE: Windows shall be tested and certified under the requirements of
AAMA/NWWDA 101/LS.2-97 covering structural, air and water performance for windows.
Windows shall bear an AAMA label indicating compliance for a class C-50 rating. Windc~ws shall be
tested, certified and labeled with U-factors in accordance with NFRC 100-91 specifications for
thermal transmittance. Windows shall be tested and certified to CMBSO/CAWM 301-90
specifications for Forced Entry.
INSTALLATION: All windows must be installed and shimmed plumb, square, and level prior to
fastening into the building structure. Full support must be provided under the entire length of the sill
at both the interior and exterior surfaces. Flash and caulk around the window perimeter in
accordance with local building codes and good construction practices. Caution should be used when
applying foam insulation around the interior perimeter of the window frame to prevent distortion of
any frame members.
VIKING WARRANTIES: Viking window and door products are sold subject to the provisions of
Viking's limited warranties, which vary according to use of the product.
Owner-Occupied Single Family Residences: Windows and doors are to be free of defects in material
and workmanship as long as the original owner owns the home. Insulated glass units in the windows
and doors are to be free from material obstruction due to seal fallare caused as a result of a defect in
material or workmanship. In case of failare of an insulated unit due to manufacturers defect: Viking
will make a replacement unit available at no additional charge for a period often years from the date
0fthe original sale; after ten years from the date of the sale, Viking will charge a pementage of the
current price of the insulated unit. If unit failure due to mannfacturer's defect should occur within
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· , Viking Industries VISTAS Page 2 of 2
ONE YEAR of the date of sale, then Viking will provide the LABOR and materials necessary for
replacement of the failed unit, provided it is installed within 20 feet of ground level.
Other:. Viking windows and doors used in construction other than owner-occupied single family
residences and sales of products exported from the U.S.A. are subject to differing warranty terms and
conditions. The applicable Viking warranty should be reviewed prior to purchase and is available
upon request.
Note: The owner, builder and architect bear responsibility to make product selection on the basis of
applicable codes, as well as project and site requirements. Viking"Industries, Inc. and Viking of
California, Inc. disclaim any responsiblity in that regard. Viking's sales of products include standard
Viking Terms and Conditions, which should be reviewed and are available upon request. Viking
reserves the right, without notice, to change product design at any time without decreasing the
product specifications or performance.
The Viking Model 10600 possesses exceptional beauty and superior performance, backed by over 30
years of experience and service.
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· . Viking Industries History Page 1 of 1
History of Viking Industries, Inc.
Viking Industries, based in Portland, Oregon, was rounded in 1965 by Dick Alexander and Ray
Jarvis. They knew that most of the windows installed in Oregon were imported from California, and
gambled that a demand might be created for residential and commercial windows produced closer to
home.
Not only did Viking remain afloat that first year, but over the past thirty years it has grown to become
a leading manufacturer and supplier of residential windows to the Western U.S. Today, the company
has grown to more that 650,000 square feet and 800 employees, with production facilities in
Portland, Oregon and Vacaville, California.
Viking is proud to lead the way in the development and introduction of energy efficient products.
With four vinyl product lines and a complete family of aluminum windows and patio doors, Viking
not only offers technologically advanced products but the diversity many builders and homeowners
have grown to appreciate·
Viking Industries' original marketing philosophy continues to be the same throughout the years. That
is to have our products sold through qualified building material dealers. To this day Viking continues
to sell all of our products through traditional dealers as well as building material retail chains. Viking
has a policy of not selling direct.
Based on the trends of the past decade, we can be sure that code requirements will continue to
evolve. Viking has made a commitment to tackling tomorrow's problems today and embraces change
as away Of life.
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MEMORANDUM
TO: Mayor and Council
THRU: Amy Margem, City Manager
THRU: Joyce Ohlson, Deputy Planning Director--~
FROM: Amy Guthrie, Historic Preservation Officer
lIE: 308 N. First Street- Inventory of Historic Sites and Structures, First
Reading of Ordinance ~, Series of 1999
DATE: July 26, 1999
SUMMARY: This property was recently the subject of a lot split review before City
Council. At the Council's request, .staff has prepared an application to list 308 N. First
Street on the "Inventory of Historic Sites and Structures."
Listing on the "Inventory of Historic Sites and Structures" requires a recommendation by
the Historic Preservation Commission and Planning and Zoning Commission, and a final
decision by City Council. On May 26, the Historic Preservation Commission
recommended approval of adding this property, Lot 1 and Lot 2 of the Nolan Lot Split, to
the inventory by a 6-1 vote. On July 6, 1999, the Planning and Zoning Commission
considered and recommended that Lot 2, which contains the existing house, not be added
to the "Inventory of Historic Sites and Structures" by a vote of 3 to 3, and that Lot 1,
which is vacant, not be added to the "Inventory of Historic Sites and Structures" by a vote
of 5to 1.
APPLICANT: City of Aspen.
OWNER: William C. Nolan. Represented by Stan Clauson Associates.
LOCATION: 308 N. First Street, Lots 1 and 2, Nolm~ Lot Split, City and Townsite of
Aspen.
PROCESS: The following paragraphs are excerpts from the Land Use Code to be
utilized by Council in evaluating additions of resources to the Inventory. Staff has prepared
responses to these standards to assist the Council in its findings regarding 308 N. First
Street.
INVENTORY OF HISTORIC SITES AND STRUCTURES
Section 26.76.090. Establishment of inventory of historic sites and structures.
Intent: Fifty (50) years old is generally the age when a property may begin to be
considered historically significant. It is not the intention of the HPC to include
insignificant structures or sites on the inventory. HPC will focus on those which are
unique or have some special value to the community.
Response: City records indicate that this house was built in approximately 1887-8.
Originally identified as 124 West Hallam Street, the house was occupied by H. A. Brown.
According to the Aspen Historical Society, Harry Brown, the brother of D.R.C. Brown,
moved here in the 1880's and became the timekeeper'for the Aspen Water District.
The property was included on the City's first "Inventory of Historic Sites and Structures,"
which was completed in 1980. Prior to and subsequent to the 1980 listing, a series of
alterations were made to the building which HPC did not have review authority over. In
1991 the City hired a consultant to review the Inventory and to make recommendations as
to whether any properties should be added or deleted. The 1991 Inventory form on 308
N. First Street (then 124 W. Hallam Street) describes the architectural integrity,
modifications, and importance of the building. As the form reports, the house is
illustrative of Aspen's modest family lifestyle during the mining era but had been
substantially cornpromised with the renovati'ons and additions. The consultant
recommended that the house remain on the Inventory, but acknowledged that its integrity
had been damaged by the renovations.
Following the consulmnt's report, the HPC held public hearings to receive input from all
affected property owners. Attached is a letter from the then owner of the subject
property, Katherine Levitz Lee, and a copy of the HPC minutes from March of 1992.
The owner requested that the house be de-listed from the Inventory in consideration of
the alterations. The minutes reflect the Board's discussion and acknowledgment of the
changes to an already low rated house. The minutes from the following public hearing do
not include a discussion about the Hallam property although Roxanne Eflin, then Historic
Preservation Officer, recommended the house he de-listed. The HPC Resolution passed
and City Council Ordinance No. 34, Series of 1992, which officially de-listed the
property, was adopted.
The 1893 "Bird's Eye View of Aspen"and the 1904 Sanborne Map show the original
footprint and appearance of the building. (Notice that houses to the east and west of the
subject building have been demolished.) The form of the house is still essentially intact,
but it has had numerous appendages added, including a corner tower, a masonry chimney
stack, decks, and other additions. The original front porch has been enclosed and the
entry to the house has been moved from the Hallam Street side to the First Street side. A
current front elevation of the building shows the original cross gable roof form and some
historic detailing still remain. This drawing also demonstrates the obvious alterations
that have been made.
2
The effect of the alterations are significant and have changed the architectural character
of the building. Some of the alterations, such as the tower and chimney, are likely cost
prohibitive to remove.
It is staffs understanding that the owners do not wish tO have the property re-listed on the
Inventory or to have HPC oversight, but have stated that it is not their intention to tear the
house down. Staff finds that while the house has been altered, its form is sufficiently
intact to warrant continued monitoring by HPC to preserve what remains, avoid
additional inappropriate additions, and to guide any restoration that might be undertaken.
There are relatively few examples left in Aspen of the larger Victorian era homes, and the
property should be preserved for the future.'
The property has been subdivided into two new lots; Lot 1 and Lot 2. Lot 2 contains the
existing house and Lot 1 is vacant except for an accessory building, which is not historic.
The Historic-Preservation Commission recommended that both lots be added to the
Inventory out of concern that new development on the vacant parcel should be
appropriate to the historic character of the neighborhood. While staff agrees, the
standards for listing on the historic inventory do not allow the vacant parcel, which has
no intrinsic historic value, to be included and recommends that only Lot 2 be listed on the
Inventory.
Section 26.76.090(e). Structures on the inventory shall be categorized as to whether or
not they are historic landmarks. No further action need be taken with respect to historic
landmarks. All structures which are not historic landmarks shall be evaluated by the
HPC as to their current architectural integrity, historic significance and community and
neighborhood influence and categorized accordingly, as follows:
A. Significant. All those resources which are considered Exceptional, Excellent, or
those resources individually eligible for listing on the National Register of
Historic Places. All structures or sites within the City of Aspen, which are listed
on or eligible for listing on the National Register of Historic Places shall be
reviewed according to the "Secretary of the Interior's Standards for
Rehabilitation" in addition to the review standards of Section 26.72.010 and
26.72.020.
Response: The structure does not meet this standard.
B. Contributing. All those historic or architecturally significant resources that do not
meet the criteria for Significant; provided, however, these resources have
maintained their historic integrity or represent unique architectural design.
Response: The structure does not meet this standard.
C. Supporting. All those historic resources that have lost their original integrity,
however, are "retrievable" as historic structures (or sites). These structures have
received substantial alterations over the years, however, with substantial effort
could be considered Contributing once again.
Response: The structure qualifies as a Supporting historic resource. Although the
house has been significantly altered, the structure still retains original historic fabric.
RECOMMENDED MOTION: "I move to read Ordinance # , Series of 1999, which
will list 308 N. First Street, Lot 2, Nolan Lot Split, on the Inventory of Historic Sites and
Structures finding that the criteria for a Supporting resource have been met."
Exhibits:
Ordinance No. , Series of 1999
A. 1893 Bird's Eye View of 308 N. First Street.
B; Vicinity map
C. 1991 Inventory map, notes by Roxanne Eftin.
D. Letter from Katherine Levitz Lee and inventory form with her own notes.
E. HPC minutes from March 1992.
F. 1904 Sanborne map.
G. Front elevation of house.
H. HPC minutes of May 26, 1999.
I. Memo from Stan Clauson, owner's representative.
J. Letter from Herb Klein, owner' s counsel.
ORDINANCE No. ~
(SERIES OF 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
ADDITION OF 308 N. FIRST STREET, LOT 2, NOLAN LOT SPLIT, CITY AND
TOWNSITE OF ASPEN, COLORADO TO THE INVENTORY OF HISTORIC
SITES AND STRUCTURES
Parcel I.D. #2735-124-21005
WHEREAS, certain real property located at 308 N. First Street, Lot 2, Nolan Lot
Split, City and Townsite of Aspen, is being considered for addition to the "Inventory of
Historic Sites and Structures;" and,
WHEREAS, pursuant to Section 26.75.090 of the Municipal Code, to qualify for
the inventory a structure must be at least fifty (50) years old or be an outstanding example
of modern architecture; and,
WHEREAS, the Community Development Department has reviewed the
application and recommended the addition of the property to the inventory; and,
WHEREAS, the applicant, Small and Large Fries, LLC, has requested to split the
9,000 square foot parcel to create two separate single-family residential lots of 4,500
square feet each; and
WHEREAS, the Aspen Historic Preservation Commission reviewed and
recommended approval of the addition of Lot 1 and Lot 2 of the Nolan Lot Split to the
inventory by a vote of 6 to I on May 26, 1999; and
WHEREAS, the Aspen Planning and Zoning Commission reviewed and
recommended that Lot 1 not be added to the inventory by a vote of 5-1 and that Lot 2 not
be added to the inventory by a vote of 3-3 on July 6, 1999; and
WHEREAS, the Aspen City Council has reviewed and considered the addition of
308 N. First Street to the "Inventory of Historic Sites and Structures," has reviewed and
considered those recommendations made by the Community Development Department,
the Historic Preservation Commission, and the Planning and Zoning Commission, and
has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1: That 308 N. First Street, Lot 2,. Nolan Lot Split, is hereby added to the
"Inventory of Historic Sites and Structures."
Section 2: 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: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 4: That the City Clerk is directed, upon the adoption of this ordinance, to record
a copy of the ordinance in the office of the Pitkin County Clerk and Recorder.
Section 5: A public hearing on the Ordinance was held on the 23rd day of August, 1999
at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 261h day of July, 1999.
Rachel E. Richards, Mayor
ATTEST:
· Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
FINALLY, adopted, passed and approved this 23rd day of August, 1999.
Rachel E. Richards, Mayor'
ATTEST:
Kathryn S. Koch, City Clerk
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES~F.
MAY 26. 1999
308 N. FIRST STREET - INVENTORY OF HISTORIC SITES AND
STRUCTURES
Amy relayed that a site visit occurred today. This house went in front of
city council recently for a lot split application and was granted. While
council was looking at the project they said they had concerns that the
building on the site was historic and they initiated an application to have it
listed on the historic inventory. It was listed on the 1980 original city
inventory and it was then removed in 1992 when HPC held a public hearing
and the owner at that time came to the board and presented evidence that
there were many changes made to the house that cornpromised its integrity.
It was built around 1887-1888 and was owned by the brother of D.R.C.
Brown. Exhibits were provided from historic maps and city files and
testimony from the previous owner about the changes made. The siding and
roofing has been replaced in addition to towers, additions and decks being
added. Staff feels that the original form of the house, the cross gabled roof
and some of the wall areas are intact enough and should be monitored by
HPC to preserve what remains and avoid any additional inappropriate
changes and guide any restoration that might be taken in the future. Staff is
recommending that the entire original property that has been split in two be
listed on the inventory. This is due to the outbuilding on the new open land
that is historic, but upon inspection today it doesn't appear that is the case.
That recommendation has been withdrawn. Lot 2 that has the old house on
it is being recommended on the inventory.
Sworn in were Stan Clauson and Richard Klein.
Stan read into the records a letter from Mr. Nolan (exhibit III). Also a letter
has. been entered into the record from Wayne Stryker who was the architect
for the reconstruction of the out building (exhibit V) which is of no
consequence since Staff has withdrawn that recommendation.
Plans were presented to the board so that the Board can see what the owners
intent is and what has been accomplished with the lot split and where they
would like to go.
2
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF,
MAY 26, 1999
Richard Klein stated that he was asked by the Nolan's to address the
Historic Inventory status of the house. A letter was read and entered into
the records (exhibit IV).
Stan informed the Board that the owners clearly feel it is an encumbrance
from the standpoint of the approvals and reviews that are required. The
owners also feel it has financial disadvantages. He also reminded the HPC
that the code has been changed recently so the listing on the inventory
carries much more significant restriction in terms of the use and review. It
carries restrictions that used to be for landmark status. The problem with
this particular house is that it would be a stretch to put it on the inventory
and a huge stretch to put it on landmark status. It is only with landmark
status that the compensatory things that we have been able to offer over the
years for historic houses become available to a property owner.
This is a new era with substantially increased body of restriction for
inventory properties and no advantages for them until they achieve
landmark status.
Stan also felt that City Council, in their response to the individuals who
spoke at the lot split public hearing really wanted to be responsive and to
show that they were concerned about a house that may or may not merit
being on the inventory. He is not sure that the instruction from council was
to go and put this on the inventory. He feels the instruction was to go and
investigate whether it should be on the inventory. He also felt that they
were operating out of a mandate to do this.
Stan presented a site survey, which extends over two lots, which have been
split. The lot split extends over a significant addition from 1984, which
does change the entrance. All the additions are pseudo-historical. As a
condition of a lot split a section would have to be removed and made
conforming to setbacks. He has been investigating what the original
footprint of the foundation was. The side porch would have to be removed.
With respect to the side yard setback, the lot split was granted conditioned
to conformance with setbacks and FAR and lot coverage. They have a
program for removing some of the very small outbuildings and the porch
that will be sufficient to meet that requirement. There is an historical
extension of the house that goes closer to the newly established historic
3
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF.
MAY 26, 1999
townsite lot line than the required five feet required setback. It actually sets
2.5 feet into the setback.
Stan will go to the Board of Adjustment for a variance to allow this
extension to be retained and at the same time allow the original historical
townsite lot line to be retained as well. As part of the HPC deliberation if
the Commission could see it as possible to offer a resolution of support in
this particular matter, it would be a great benefit to the restoration of the
west elevation of the house.
QUESTIONS
Amy relayed that the next process is to proceed to Planning and Zoning and
then to City Council who will make the final decision.
Roger asked if the property is on the inventory and if a structure is on the
adjacent lot would the HPC have review over the new structure?
Amy said if the entire property is listed HPC would have review over what
is built next to the historic house.
Amy felt because there is nothing historic on the one lot it would be
difficult to justify the entire site on the inventory.
Roger informed the HPC that the garage existed when he came to town in
1965.
Stan said it is used as an office and he conversed with Wayne Stryker who
did the plans for renovation and it was effectively completely demolished
and rebuilt essentially in the same footprint and shape that existed. That
occurred around 1984.
Roger said there is also a little building that comes off to the left and
exisited in 1965.
Stan said that building does not appear on the Sanborn Map, 1904.
4
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF,
MAY 26, 1999
Roger confirmed with Staff that if the house is not on the inventory it could
be demolished.
Amy said there is no reliance on the owners representation that they do not
want to demolish it, it will also be put up for sale at some point. There is no
protection.
Amy said unless the entire property is on the inventory there is no review
over the empty lot.
Roger said that should have been part of the consideration by council on the
lot split to have review over the entire site.
Amy said there is a process for a building to be placed on the inventory and
it was her direction to initiate an application.
Heidi inquired about the fascia trim and the trim above the window as to
whether it was historic.
David Hoefer, attorney stated at the NOON site-visit it was determined that
those fabrics were not historic.
Stan said there is no question that the trim does look historic as the entire
house has historical elements about it.
Heidi asked about the roof being original.
Richard said there is a primary gable form that still exists and it is a cross
gable form. It is hidden by one of the chimneys and the other side gable it
iS disguised by the turret and deck area.
Heidi said it is the original roof form behind all the additions. She also
inquired about the modification plans.
Richard said at the present time the door will be restored to the Hallam side.
At this time they are only planning on removing the foyer area. It would be
extensive remodeling to get involved with restoration of the front of this
5
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF.
MAY 26, 1999
house. If the front is restored, there is an issue with the turret that sits over
the front of the house and doesn't relate to the old former house.
Heidi asked what the intent of the owner is on the adjacent lot.
Stan said it is the intent of the owner to build on the newly created lot next
door for themselves and put the existing house on the market.
Christie stated that the house was quite beautiful when Kathryn Lee bought
it.'
Lisa said the house was on the inventory when the remodel was done from
1984 to 1992.
Amy informed the board that the HPC had minimum regulations at that
time.
Chairperson Suzannah Reid opened and closed the public hearing.
COMMENTS
Mary said her initial feeling is that it was not fair to put this house on the
inventory.
Susan said it is discouraging that new owners do not want their houses to be
recognized as historic. It is an admiral quality to have an historic house.
She is in favor of the house being on the inventory.
Heidi stated that historic houses do not effect property values that much and
she would like to see the research if that isn't the case. Regarding the
criteria there is something old about the house but when you stand in front
of the house it has been modified significantly. She is concerned about the
confusion factor if the house is put on the inventory, will too many people
then think all the additions are historic. She doesn't want to see the house
tom down.
Lisa stated she is in support of putting it on the inventory as a supporting
structure. Since 1992 there has been a big shift in our sensitivity to historic
6
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF.
MAY 26. 1999
structures and what those mean to the community and the loss of those
structures. We area charged with preserving historic resource and we
should do everything we can do preserve our history.
Maureen agreed with Lisa and she is also in favor of the 2.5 variance.
Christie also supported putting the house on the inventory. There is not a
house in town that has not been added to considerably. If the house is not
on the inventory we will loose more and more of them.
Roger stated if the house was demolished in a month from now the human
cry would be outrageous. He was on the HPC when the house was taken off
the inventory and at that time the board was different. Underneath all of
the additions is a wonderful little structure. He recommends that it be on
the inventory. He also recommends that the entire parcel be on the
inventory. HPC has always fought to have review over parcels around
historic properties. In 1991 there were not lot splits and if they existed then
the entire parcel would have been listed. He also recommended working
with the owners representatives on the variances.
Jeffrey felt that the impact on the neighborhood is important. Although the
house has been remodeled and altered the footprint and the essence of the
foundation once represented is very important. He is in favor of the house
being a supporting structure.
Suzannah stated that she doesn't see this as being any different than the
Williams Way project in terms of its alternations. They are pretty equal and
this house has the form of the historic house. She supports the listing on the
inventory. She is less inclined to attach the other lot. She is also in support
of the variances for the historic house.
Stan said the concern of the Nolan's is becoming involved in another layer
of bureaucracy which is a real concern for many people. They perceive that
other people will have an influence over their hearth and home in a way that
maybe uncongenial to them.
Stan also relayed that our code is much more draconian at the inventory
level in terms of the amount of review.
7
ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF.
MAY 26. 1999
That might not be a bad thing but it certainly effects the way people react.
It is certainly a catch 22 for those houses that maybe inventcried but not
landmarked. Those houses have all the review but none of the benefits of
landmarking.
Stan relayed as far as the adjoining property goes, you have people that are
sympathetic to the historic resource even though they do not want it to be
regarded as an historic resource. The way they have worked with Richard
and himself is indicative of that in the way they have moved forward to seek
a variance to allow the original historic footprint to be maintained. He feels
they will be equally sympathetic and fall strongly on Ordinance #30 for
review for the comer property. He doesn't feel the HPC has an historic basic
for putting the comer property under review. He also requested a general
resolution in support of the variance be addressed in the motion. It is
basically a 2.5 foot encroachment for 7.9 feet of length into the setback.
Richard relayed that the comer lot that will be available for new
construction will probably be contracted with a contractor that is more
costly because he is working on historic properties. If that is the case he
feels it would be unfair as it is new construction.
Heidi relayed that the entire block is historic.
MOTION: Roger moved to (1) adopt Resolution #29, 1999 recommending
that City Council adopt 308 N. First Street, Lots K, L,M, and N Block 56
City and Townsite of Aspen to the "Inventory of Historic Sites and
Structures.
(2) HPC approves the variances that are required when part of the non-
historic portion of the house is removed Some of the historic structure will
be within the property line and HPC encourages that all other boards to
grant this variance.
Motion second by Susan.
Yes Vote: Roger, Jeffrey, Mary, Susan, Heidi, Lisa
No Vote.' Suzannah,
8
RICHARD KLEIN
May 26, 1999
Suzannah Reid, AIA
Choir Person
Aspen Hjsforic Preservation Commission
City Hall
130 South Galena Street
Aspen, CO 81611
Re: Historic Inventory Status
Residence at Lots K,L,M,N, Block 56
City of Aspen
Dear Suzannah,
Mr. and Mrs. Nolan have retained the services of my firm to assist with the preparation of
documents required for the Lot Split of their property and to produce the necessary
Architectural Drawings for the remodel of their house.
They have also asked me to assess their house relative to H.P.C. Inventcry Status.
The original residence on Lots M and N was constructed around the turn of the century and the
house appears on the 1904 Sanborn Map. Through the years, quite a number of additions
have occurred, with the latest major renovation in 1984.
As the house now sits, every elevation has been significantly modified.
The South facing Elevation, on Hallam Street is no longer the entry to the house, the Entry Parch
no longer exists having been replaced by an addition which wraps around to the East. Above,
is an awkward looking Turret and Deck, which hides the existing roof. A new Fireplace with a
"very red" brick has been added to the front gable. Across the property line to Lot L, a new
Entry Foyer has been built. There is also a new Curb Cut to access a long driveway to the
Garage at the back of the lot.
The West Elevation from First Street is now the entry to the house. An Entry Foyer, mentioned at
the South Elevation, with spiral stair to a large deck on the second floor has been added where
the original Fireplace was demolished. There is also an addition connecting the original house
to an Out Building located in the vicinity of the original Carriage House. On the 1904 Sanborn
Map, a Carriage House is located in the same corner of Lot M, but is a different size, more
rectangular, and actually sits on the property lines.
The North Elevation from the Alley is totally changed. Even though the current former Out
Building is probably the oldest addition, it does not seem to be the original Carriage House.
The Shed and Garage have also been added in locations where the 1904 Sanborn Map shows
there were no structures. One should note that the Garage does not have access from the
Alley. It is accessed by the c~veway from Hallam Street.
The East Elevation, adjacent the neighbor, has additions along almost the entire length of the
building. There is the addition where the original Entry Parch was located with the Turret and
Deck above discussed at the South Elevation. There is a Shed built along-side another addition
adjacent the odginai Kitchen. And there is the infill addition connecting to the Out Building
discussed at the West Elevation.
A new solid wood fence about 6-ft. high with sandstone piers, running along the property line,
blocks the house fTom Hallam and first streets. There is also new 6-ft. high Iron fences at the
new Entry and Driveway.
I have fried to illustrate to you the amount of modifications, which have been made to the
original residence. It is my professional opinion that this residence is no longer anything
resembling a once histodc house and should not be required to have H.P.C. Inventory status.
Also, it should be pointed out that this residence was removed from the H.P.C. Inventory in 1992
by ordinance.
Thank you for your time and attention.
Sincerely,
Richard Klein, Architect
cc: Mr. and Mrs. Nolan
Stan Clauson
Lane Schiller
T~IU 18:2T F.-L~ 9T0 92S 22S4 STRYLER BR0~LN .~CEIIECTS ~001/001
· S TKYKER/BROWN
ARCHITECTS
T R A N S ~ I T T A L To~ p~ges: 1
Fax
TO: Asp~ ~to~ca] Frese~aMon Committee c/o S~an Clauson
FROM: Wayne Stryker
DA[: May 26, 1999
~: Residence a~ 308 No~ F~s~ Stree~
To whom it may concern:
I was the Architect of the addition and renovation for the house at
308 N. First St. in Aspen. This work included the reconstruction of the
small garage at ~e Northeast corner of the property. Due m the sta~e of
degradation of the original structure this garage was essent/ally
reconstructed of entirely new materials replicaring the originai's
architectural in~enL In my opinion i~ is not in any way reasonable eo
designate tb.e new garage as a historical structure. Please call me Le i can
be of any fur~er assistance.
300 SOUTH SI'KING S'rKl/l/T, SUITE 300
ASPEN, COLOiIADO 81611
970.925.2154 9Z~.2258 (FAX)
PROFESSIONAL CORPORA'RON
HERBERT S. KLEIN ATTORNEYS AT LAW 201 NORTH MILL STRE="F
MILLARD J. ZIMET* SUITE 203
ASPEN, COLORADO 81611
OF COUNSEL: TEL; (970) 925-8700
JACQUELINE L. GARDNER FAX: (970) 925-3977
*also admitted in New York
July l, 1999
Via Hand Delivery
City of Aspen
Planning & Zoning Commission
130 S. Galena St.
Aspen, CO 81611
Re: 308 N. First Street (Lots K,L,M,N Block 56) - City
Application to Designate Property on Inventory of
Historic Sites and Structures
Dear Honorable Members of the Commission:
This office represents William Nolan, the owner of the above-
described property. Mr. Nolan recently processed a lot split
application for this property and at the time City Council approved
the lot split, it recommended that the Historic Preservation
Commission (HPC) investigate whether or not to designate the
property to the City's historic sites and structures. The property
consists of two six-thousand square foot parcels. One parcel (Lot
2) contains a house and the other parcel (Lot 1) a garage.
Mr. Nolan prefers that his property not be listed on the
historic inventory at this time. The house on the property was
listed on the City's first inventory in 1980. However, in 1992, at
the request of the then-owner of the property and with the support
and recommendation of the then-historic preservation officer,
Roxanne Eflin, the HPC found that the house, having had substantial
modifications made to it over the years, had little value as a
historic resource and deleted the property from the historic
inventory.
In response to Councils referral, on May 26, 1999, the MPC
recommended that both the lot containing the house and the lot
containing the garage be listed on the historic inventory.
Although Mr. Nolan does not believe the house should be re-listed
due to its very low historic value, he understands that this issue
is debatable, however, there is absolutely no basis whatsoever, for
listing the lot containing the garage (Lot 1). Mr. Nolan objects
in the strongest possible terms to the listing of Lot 1.
In its memo to the HPC fortheir meeting in May, the City
City of Aspen
Planning & Zoning Commission
July 1, 1999
Page 2
staff took a position through its historic preservation officer,
Amy Guthrie, that the entire parcel be designated. The
recommendation to list Lot 1 was due primarily to the thought that
the garage on the property had some historic background. However,
after Ms. Guthrie visited the property, inspected this outbuilding
and learned more about its history, she withdrew that staff
recommendation and recommended only that the house on Lot 2 be
added to the inventory. Attached as Exhibit A to this letter are
the minutes of the Historic Preservation Commission meeting of May
26, 1999. The withdrawal of the staff's original recommendation is
found on the first page of Exhibit A (marked Page 2 at the
bottom). Notwithstanding staff's revised recommendation that Lot 1
not be listed, the HPC voted in favor of its designation.
The HPC does not have unfettered discretion to designate sites
for inclusion on the historic inventory and its recommendation is
contrary to the City land use code standards for designating sites.
The City Land Use Code at Section 26.76.090 titled "Establishment
of Inventory of Historic Sites and Structures" provides the
standard for sites which are considered for designation. It states
at sub-paragraph A .....
"~istoric sites are parcels which may or may
not have structures on them, but primarily
have significance as parks, cemeteries,
archeological resources or similar types of
landscapes"
It is undisputed that Lot 1 is not a park or cemetery, nor
does it have archeological resources or similar types of
landscapes. Therefore, under the code, the HPC's recommendation is
completely erroneous.
There is no historic structure on Lot 1. It is undisputed
that the outbuilding on Lot 1 was formerly a garage that was
completely demolished and rebuilt in 1984 in approximately the same
footprint and shape that had previously existed. This was
discussed at the HPC hearing and the minutes reflect Ms. Guthrie's
determination on this point where they state:
City of Aspen
Planning & Zoning Commission
July 1, 1999
Page 3
"Amy felt because there is nothing historic on
the one lot, it would be difficult to justify
the entire site on the inventory." (see
minutes attached - Exhibit A, at page 4)
Attached as Exhibit B to this letter is a letter dated May 26,
1999 from Wayne Stryker, an architect who previously worked on this
property. This letter was submitted to the HPC at its hearing.
Mr. Stryker states that the small garage on Lot 1 was reconstructed
in recent years. Therefore, there is no basis whatsoever for
designating Lot 1. Lot 1 neither has an historical building nor the
attributes of a site which qualifies for designation.
With respect to the listing of the house, as can be gleaned
from the attached minutes of the HPC meeting, several members of
the HPC expressed reservations about its historic value. Although
the Board ultimately voted in favor of the designation, they rated
it as "supporting", the lowest available designation to any
historic resource. Attached as Exhibit C is a letter from Mr.
Nolan's architect, Mr, Richard Klein. His letter describes the
substantial changes that have been made to the original house over
the years, all of which substantially diminish its historic value.
Mr. Klein will be available at our hearing on this matter to
discuss this in more detail.
There is another aspect of this process which is of great
concern to Mr. Nolan and raises further legal challenges to the
proposed designation. This issue concerns the fairness of re-
listing the house. Mr. Nolan acquired this property in 1996.
did his due diligence and learned that the house had been listed
and then de-listed on the City's historic inventory. He acquired
the property based upon that record of the City's review, analysis
and decision making with respect tothis property and the degree of
regulatory control to which it would be subject. The house has not
become more historic since it was de-listed in 1992. There has
been no work done to restore whatever original historic value it
may once have had. The only thing that may have changed since 1992
is that the politics of historic preservation at the City Council
level have caused tears to be shed and hands to be wrung over the
lawful demolition of the Paepcke house. Regardless of the position
you make take on that situation, this is not a good reason to
impose historic regulations on Mr, Nolan's house when the City has
City of Aspen
Planning & Zoning Commission
July 1, 1999
Page 4
previously reviewed it in detail and correctly determined that its
value was not sufficient to warrant the imposition of historic
control regulations. Mr. Nolan relied on the City' s previous
actions and should not" be subject to arbitrary changes in the
political winds when his very important property rights are at
stake.
We respectfully request that your commission review the record
in this matter and make its own independent recommendation to City
council that neither the house nor the lot be designated on the
Clty's historic inventory. Again, while the designation of the
house may be debatable, the issue of fundamental fairness and
reliance of Mr. Nolan should tip the scales in favor of its not
being listed as that was its status, after having been extensively
reviewed by the City, at the time of his purchase of the property.
With respect to the lot, there is no basis whatsoever in the City
Land Use Code or in the record before you for its designation as a
historic site. That designation is clearly beyond the authority
of the HPC and should not be supported by your commission.
Thank you very much for your interest in this matter. I look
forward to discussing this with you further at your hearing on July
6=h'
Very truly yours,
KLEIN-ZIMET PROFES IONAL CORPORATION
By: ~ein, Esq.
sg\nolan\OOl. ltr
Attachments
cc: Bill Nolan
Stan Clauson
MEMORANDUM
TO: The Mayor and City Council
RE: Dimensional
Requirements, 10. External Floor Area (Public ~Iearing)
DATE: July 26, 1999
SUMMARY: In the course of simplifying the Land Use Code, staff has identified several
sections of the code ~vhich require some amendments in order to address size and scale
issues in our various zone districts. Currently, the "C' Conservation Zone District,
requires a minimum lot size of ten acres, but does not establish a cap on the size of a
residence that may be built on such a parcel Currently, there are some parcels of land
zoned Conservation, but are non-conforming in lot size. This becomes further
c0mplicated because a single family residence can be built on such a parcel, but the zone
district does not restrict the allowable FAR for such a parcel Staff is proposing a code
amendrnent which establishes generally the same FAR used in the Low Density
Residential District (R-30) to properties zoned C. The one difference is that staff is
proposing a maximum FAR of 6,600 square feet in the Conservation Zone.
APPLICANT: The City of Aspen Community Development Department.
PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development
application for an amendment to the text of the Municipal Code shall be reviewed and
recommended for approval, approval with conditions, or disapproval by the Planning
Director and then by the Planning and Zoning Commission at a public hearing, and then
approved, approved with conditions, or disapproved by the City Council at a public hearing.
DISCUSSION: Currently, Section 26.710.220, Conservation (C) Zone District establishes
Dimensional Requirements, but does not include an external floor area dimensional standard.
PROPOSED AMENDMENT: Staff proposes to add item (D) "10. External Floor Area" to
read as follows: (All underlined text is new.)
10. External.floor area: (Applies to conforming and nonconforming lots of record):
Lot Size Detached Residential Allowable Square Feet
Dwellings (Square Feet)
0~-3,000 80 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 2,400 square
feet of floor area.
3,000--9,000 2,400 square feet of floor area, plus 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
9,000--15 ,000 4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
15,000--50,000 4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area.
50,000+ 6,600 square feet of floor area maximum.
REVIEW STANDARDS: Section 26.310,040, Amendments To The Land Use Regulations
And Official Zone District Map, provides nine (A-I) standards for City Council and the
Planning and Zoning Commission's review of proposed amendments to the text of the Land
Use Code. These standards and staftTs evaluation of the potential amendment relative to
them are provided below, with the standard in italics followed by the staff "response."
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
RESPONSE: The proposed amendment would not be in conflict with any applicable
portions of the Aspen Municipal Code. It is intended to clean up a section of the code to be
consistent with other zone districts which do set a cap on allowable FAR.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
RESPONSE: The proposed amendment would not be in conflict with any elements of the
AACP, and is very much consistent with the "Policies" of the Housing Action Plan (page 31
of the AACP) which recommends "Develop small scale residential housing which fits the
character of the community...".
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land uses and neighborhood characteristics.
2
RESPONSE: The proposed amendment would effect only the Conservation Zone District
which tend to be located in areas of the City intended to be preserved for open space
purposes or have steep slopes. By proposing a cap on the FAR allowed on these parcels, it
will ensure that, should a development right exist, it would be allowed to develop similarly
to our lowest density residential district (R-30). This would ensure that the scale of the
project would be compatible with the natural environment as well as other low density
developments.
D. The effect of the proposed amendment on iraf~c generation and road safely.
RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic
generation or road safety.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities,
RESPONSE: The proposed code amendment is not anticipated to have an effect on
infrastructure or infrastructure capacities.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendment is. not anticipated to have a negative effect on
the natural environment. In fact, staff believes that by establishing a cap on the allowable
FAR, there should be less visual impact on the surrounding natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
RESPONSE: Staff believes that by limiting the development size of a residential unit, it will
ensure that the scale is more in keeping with the community's desire to minimize the
"monster homes" that have developed. Using the same proportions allowed in the R~30 zone
district, the maximum size home on a lot greater than 50,000 square feet would be 6,600
square feet under this proposed cap. Currently, there is no restriction to the FAR in the zone
district.
~ Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which Support the proposed amendment.
RESPONSE: There has been no significant change in Aspen's general character. The
concern is that them is no limit to a house size in this zone district. Not all C zoned lands are
public, and staff believes it is time to bring this zone district's development criteria into
conformity with other low density properties, and on sensitive lands. This is one of many
land use code amendments staff will be bringing before the commission throughout the year.
I. Whether the proposed amendment would be in conflict with the public interest, and is
in harmony with the purpose and intent of this title.
3
RESPONSE: Staff believes the proposed amendment Would be in harmony with the public
interest by ensuring a limit to the size of a residence in the Conservation Zone District.
RECOMMENDATION:
The Planning and Zoning Commission recommended by a unanimous vote at their meeting
of July 6, 1999 that the Council adopt the proposed Code amendments.
Staff recommends that the City Council approve the Code amendments to Section
26.710.220, "Conservation (C) Zone District, D. Dimensional Requirements" as proposed
herein.
RECOMMENDED MOTION: "I move to approve First Reading of Ordinance No. 32,
Series of 1999, and set the public hearing for August 23, 1999."
EXItlBITS:
Exhibit A - Existing C Zone District language
C:JoyceO/home/attach/CouncConsmem
Part 700 - Zoning Districts Section 26.710.220 (C)
26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low
density development to enhance public recreation, conserve natural resources, encourage the
production of crops and animals, and to contain urban development.
B. Permitted uses, The following uses are permitted as of right in the Conservation (C) zone
district:
1. Detached residential dwelling;
2. Park, playfield, playground and golf course:
3. Riding stable;
4. Cemetery;
5. Crop production, orchards, nurseries, flower production and t~rest land;
6. Pasture and grazing land;
7. Dairy;
8. Fishery;
9. Animal production;
10. Husbandry services (not including commercial feed lots) and other farm and
agricultural uses;
11. Railroad right-of-way but not a railroad yard;
12. Home occupations; and
13. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Conservation
(C) district, subject to the standards and procedures established in Chapter 26.425.
I. Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf
course; ~.
3. Ski lift and other ski facilities;
City of Aspen Land Use Code Page - 344 Revised 07/01/99
Exhibit h
Part 700 - Zoning Districts Section 26.710.220 (C)
4. Sewage disposal area;
5. Water treatment plant and storage reservoir;
6. Electric substations and gas regulator stations (not including business or
administration offices); and
7. Accessory dwelling units meeting the provisions of Section 26.520.040.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Conservation (C) zone district.
1. Minimum lot size (acres): 10.
2. Minimum lot area per dwelling unit (acres): 10.
3. Minimum lot width (fleet).' 400.
4. Minimum [ront yard setback (feeD: 100.
5. Minimum side yard setback (feeD: 30.
6. Minimum rear yard setback (fleet): 30.
7. Maximum height (feeD: 28.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
9. Percent oft open space reqttired for building site: No requirement.
26.710.230 Academic (A).
A. Purpose. The purpose Of the Academic (A) zone district is to establish lands for education
and cultural activities with attendant research, housing and administrative facilities. All
development in the Academic zone district is to proceed according to a conceptual development
plan and final development plan approved pursuant to the provisions of Chapter 26.440, Specially
Planned Areas.
B. Permitted uses. The following uses are permitted as of right in the Academic (A) zone
district:
1. Private school or university, teaching hospital, research facility or testing laboratory,
provided that such facilities are enclosed and there are no adverse noise or environmental
effects;
City of Aspen Land Use Code Page - 345 Revised 07/01/99
ORDINANCE No. 32
(Series of 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT
AMENDMENTS TO MUNICIPAL CODE SECTION 26.710.220,
"CONSERVATION (C) ZONE DISTRICT, D. DIMENSIONAL
REQUIREMENTS", PURSUANT TO CHAPTER 26.310.020, AMENDMENTS TO
THE LAND USE REGULATIONS AND OFFICIAL ZONE MAP, OF THE
ASPEN MUNICIPAL CODE
WHEREAS, pursuant to Section 26.310.020, Procedure for Amendment, of the
Aspen Municipal Code, an application for amendment to the text of the Municipal Code
shall be reviewed and recommended for approval, approval with conditions, or
disapproval by the Planning Director and then by the Planning and Zoning Commission
at a public hearing, and then approved, approved with conditions, or disapproved by the
City Council at a public hearing; and,
WHEREAS, the Community Development Director prepared recommended
amendments and recommended approval to the Planning and Zoning Commission; and,
WHEREAS, upon review and consideration of the proposed text amendments,
agency and public comment thereon, and those applicable standards as contained in
Chapter 26 of the Municipal Code, to wit, Division 310 (Amendments to the Land Use
Code), the Planning and Zoning Commission has, by a vote of six to zero (6-0),
recommended that the City Council adopt the amendments related to "Conservation (C)
Zone District, Dimensional Requirements, External Floor Area", during a public hearing
at a meeting on July 6, 1999, as proposed by the Community Development Department;
and,
WHEREAS, the Aspen City Council has reviewed and considered the text
amendments recommend by the Community Development Depamnent and the Planning
and Zoning Commission under the applicable provisions of the Municipal Code as
identified herein, and has taken and considered public comment at a properly noticed
public hearing; and
WHEREAS, the City Council finds that the text amendments contained herein
meet or exceed all applicable standards of the Land Use Code and are consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1: That pursuant to Section 26.310.040 (Standards of Review) of the Municipal
Code, the City Council finds as follows in regard to the text amendments:
1. The proposed text amendments are not in conflict with the provisions of Chapter 26
of the Municipal Code or the Aspen Area Community Plan.
2. The proposed text amendments will promote the public interest and character of the
City of Aspen.
Section 2: That Section 26.710.220, Conservation (C) Zone District~ D. Dimensional
Requirements, of the Aspen Municipal Code shall be amended, by adding the following
text, to hereafter read as follows:
10. External floor area: (Applies to conforming and nonconforming lots of record):
Lot Size Detached Residential Allowable Square Feet
Dwellings (Square Feet)
0--3,000 80 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 2,400 square
feet of floor area.
3,000--9,000 2,400 square feet of floor area, plus' 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
9,000--15,000 4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
15,000--50,000 4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 6,600 square feet of
floor area.
50,000+ 6,600 square feet of floor area maximum.
Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended 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 Ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 5: A public hearing on the Ordinance will held on the 23rd day of August, 1999 at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen at its regular meeting on the 261h day of July, 1999.
Rachel E. Richards, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of ,1999.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
G:/planning/aspen/reso.doc~p&z/conservation.doe
VIe.
MEMORANDUm//
TO: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director
FROM: Stephanie Millar, Senior Long-Range Planner
RE: 1999 Annexation Plan Adoption
DATE: July 26, 1999
Summary: The City of Aspen last reauthorized the City's Annexation Plan in August
of 1998, which included minor revisions to the previously approved annexation element
to the 1988 Aspen Area Comprehensive Plan. It was determined in 1997 that the City
and County would enter into a joint planning process for a more significant revision
which would occur following the adoption of the 1998 Aspen Area Community Plan
Update (AACP). It was anticipated at that time the 1998 AACP Update would be
completed by the spring of 1999, however, the Update is just now entering the public
hearing process and adoption is not expected until later this year.
In order to meet state statutes and keep our Annexation Plan valid, a reauthorization of
the present document is required at this time: The Annexation Plan Update is on the
Community Development Work Program to begin in July. It is expected that a fully
revised document will be presented to the City Council in late 1999 or early 2000.
Process: The next revision of the plan will be developed following joint City-
County discussions on annexation policy. This discussion has been initiated in the AACP
Update process. The Board of County Commissioners has also requested an opportunity
to review the revised document. This review is anticipated to take place in a joint work
session with City Council to be scheduled following completion of the draft Annexation
Plan Update.
Since the adoption of the AACP, changes in Colorado statues have caused an armexation
plan to be considered as a separate policy document, as opposed to an actual element of
the Community Plan. As such formal adoption comes through the City Council at a
public meeting. It is anticipated that the Planning & Zoning Commission will be asked to
consider the revised document following completion of the draft Annexation Plan and
make a recommendation to the City Council. By Colorado State law, the plan needs to be
readopted annually.
Recommendation: Staff recommends that the City Council approve the resolution
reauthorizing ~he current plan and adopting it as the 1999 Annexation Plan until a revised
Annexation Plan can be completed and acted upon later this year.
Recommended Motion: "I move to adopt Resolution 99-/12~ approving the City of
Aspen Annexation Plan--1999."
City Manager Comments:
Exhibits:
A. City of Aspen, Aspen Annexation Plan--1996
B. City Council Resolution 99-~7~
Last Reauthorization of Annexation Plan: 98-67 on 9/28
C:mydocs/annexation/annexmemo .doc
June 28, 1999
RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING
THE 1999 CITY OF ASPEN ANNEXATION PLAN
WHEREAS, pursuant to Colorado Revised Statutes (CRS) 31-12-105, all cities within the State of
Colorado must a have a "Plan" in place to guide future annexations; and
WHEREAS, the last update of the City of Aspen Annexation Plan was approved by the Aspen City
Council on 28 August 1998; and
WHEREAS, the AACP differed from prior comprehensive plans in that the document was a
"character" based plan that did not include the adoption of a revised Annexation Plan; and
WHEREAS, The Aspen/Pitkin County Community Development Department has initiated a
process for a joint city/county review of the plan; and
WItEREAS, State Statute requires this reauthorization of the plan annually; and
WHEREAS, The current plan is acceptable for readoption until such time as the joint city/county
AACP '98 revision process results in a revised annexation plan;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City council has reviewed the proposed 1999 Axmexation Plan and has formally adopted the Plan.
RESOLVED, APPROVED, AND ADOPTED this __ day of , 1999, by the City Council
for the City of Aspen, Colorado.
Rachel Richards, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that resolution adopted by City Council of the City of Aspen, Colorado, at a meeting held
,1999
Kathryn S. Koch, City Clerk
Approved as to form
John Worcester, City Attorney
City of Aspen
Annexation Plan
Last Revised July 3, 1996
Readopted August 28, 1998
Prepared by:
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen Colorado 81621
(970) 920-5090
~ ~;' / ~' . -opmoloD 'uadsy ~o/aID
I.~ounoD ,(a.D ~hu q '9661 ' f~go X~ , ~W '~O~a~ '~qOS~
':la ~ p~do~ Xl~o~ ~q p~ ~I~ uo~V 966I' ~odmd ~ ~ ~q I}~unoD ~!D ~
:O~O~OD-
'966I '81 ~unf~-o ~U.m~OLU
~ p~pu~m~o~: Alt~o~ p~ ~ uo~mmoD ~u~uo2
p~ :uo~ss~mmoD ~u~ld ~a ~q
A~V, oa ~u~otl~ Houn°D ~ID ~q s~ld ~d~s~o uoudop~
~' uodsy 8861 ~ ~ uo~}oos~ u~ 8861
*
:uo!s~.mmcD !uoZ put ~u.
~6 'oN
NIOLLDilOO~IINI
, ?--~.- 1996 An'h'e-,xa[ion P,lan
_.-, \. -, City off,Aspen
,, :":',= ~\ [] One mile re~ius \
' ;~ ; ',~ -
· / ' ~ :: ~; ' /
/ \ \ r. ,
City of As'pen
~ ~ Cit~ of hpen
~ t Ute NorthstQr
~ hd iount~i~
~ Pitkin Green
J a.~. ~ 5
~ 6 Red Butte
~ 7 ieeiewQod
~ I 8 Aspen Highlends se Areo
~ ~ g Aspen H~ghle rea
~ 10 Shadow Mountgin
/ ~ I 1) Creek
~ " / / . ~,' ,..,,or.,
e "" "" "'''~
I
This ruble provides an overview of land use ¢hamcmnmcs for eac5 mmex~nc~ m'e~. The land use
ctmmcr~i.~ics provided a basis ~or ag~e~g the tnn~on areas into, four distmc~ groups
· ~dc]l ~h~re Siln41~rtmi~. The grouping o£these areas ~re expirened beiew:
Group A-UtetNortttrtar, R~t Butte. Shadow
Greedy, ~1 ~ ~s ~ ~ve ve~ ~ ~ p~ ~e to ~e~
~c 1~. ~e ~ ~ parody ~ by ~r~ pi~m~
~. ~e C~'s ~ L~d.Use Cede ~ i~ pm~si~ for
S~ve ~ ~SA's) n~ ~ appmp~ pro~si~s :o ~e
~et~m~ of~e ~. Fu~er c~i~on ~y be ~v~ to ad~
~ Co~W 104l ~s.
Gfoap ~Ro~n~ Fork E~ ~ Mo~ ~ Grin
~y, mb~ ~ a~ c~ns~ of p~o~ly ~etop~ sub~si~.
md ~ollw~ b~bmg m ~clu~ ,~ Grove md Mo~ V~. le mjor . _
~d ~e tJ ~G-g~ ~up include fieor ~ ~o ~d l~i~
~e~g ,m~.~ ~r ~j re~ to ~ M~ ~ ~ ~r~,..~
Ro~ md ~e ab~ of~e Ci~ to ~ely ~ md up~ ~ ~ n~.
G~up C-Me~dowoocL, Smugger, Aspen [~ighlands Base and New Dere~opme~t, State
Highway 82 Corridor
These areas c~ta/n Jz~ge development parcels v~h siSntSc~t ~ov~fi potem/al. Them are
numerous land use pbmnlng issues which need to be resoived prior to
regarding appropriate development densities. The Marecru Crei Development
Conpotation area' h~ completed the County land use proc~s and has been awarded land
use approval. The Aspex Highlands project is currendy in the County Land use process.
Ci~ of ,-~ Anne.xatlon Plan. r~v. 3 July t996
T.-LBLE i
SIDtlMARY OF .~NNEXATION AREAS
Group A
i Ute 469 133 69 I 740 Rural/Not ,rnciuaos Littl~ Aanxc
Northstar [ Subdividod
6 Re~ Butte 105 217 0 i 9- ~ 1 Korai/P~-'aaliy Potential :br ~azi¢ ~e
[0 Shadow 28~. I 4 ~ t0-{4 Runt, CiW ESA process
Mountain Numerous a!~pro~riate
mining claims
Su~otal S~1t 3~I 73 26-35
Grou~ B
2 Roaring 66 0 3 28-33 Subur~ara .~.11 Numerous bantU unit~ '
Fork Subdivided
4 R~ 324 .5 20 98d24 Suburbare Numerous bandit units '
Mountain Subdivided &.
Unsubdivided
5 Pitkin 219 0 2! 89-99 Stmur~ara Nutoerous bandk u,m:s '
Green Subdivided &.
Uosubdivided
Subtota.[ 609 .5 -~. 215
Group C
3 [ Lower ] 260 42 I0 37-L¢0 Urbara Not EPA
Stouggler Subdivided
7 Meadowood ~ 366 i 219 231 93-i14 Sutozz~ara Si~m:ificaatpotentim.:'oi
Subdivided &. ~owth
Unsubdividod
_ al Aspen i,l,~- 2 15 l$,-t Suburban,' [ Grow~ pots'offal
Highlands SuL'divided a: det_-'mined in i996 by
Unsubdivie. ed general subtoi~sion
County.
12 [ 5H 82 l~36 424 · 2 260-3 I0 Urban and Significant polenUal
Corridor R~al/ ~-owr. h
Subdivided ~,~nd
Unsubdivided
13 [ Maroon 403 62 218 111 Suburban PUD appraval in ~iace.
Creek P-.ETF revenue
Subtotal 2709' 749 I 476 655-839
Group D
9 Aspen 1374 j 0 j IS0 0 j Ski .Axeat 96% Saies mx .-evehue
Highlands USFS
..... =-- Mountain USFS
Subtotal 2432 i 0 { 130 [ 0 I
TOTAL 8'714 J 1100.5 [ T23 ] 896-I130 j
Sourc~: .4spem'P~t~ C'oun~ Comm,a.,s~. Devdopmem Dep~v'rmenr, ! 996.
VIKILIID hlOLL~'t'{kW XBOiFLI,¥i~
9661 Xlnf f -z~a 't~id uo!rm,'~mr~u~tsV.Io XI!D
~.nto~ '~m~,~.,Ls ~.uasFp' l~o~p$ ~,Uqn~l~,oI uodn x~.u~-x~uu~ .xo ~'~ ~ uo 2J~m~+~,,~,,~ V '9
pu~ .'poxouu~ oq o: ~x~ ~q~ mq~ s~oLus.rp ~upsr~ ~! ~ua~,~ y · .c
.'p~x~uu~ oq o~ ~are'o~ o~ ~.~uas l~dr~.nmm oq~o no!smn~
Oqu ~us~ o~ suqd X~.dq.~mum o~ q~p~ ~opun poq~m ou~ q~o~ Sag~s su~u~n$ y 't
:.uo!~,uuo~.
~.u~It~ ~q~ ~:~Q~ o; ~os~; su~sz.i'pR pu~ X~..dpmnm oq~ ~o sdmu ,o dmu V 'I
9661 Xraf
so.n~[ r,a.ry .mobl
plno~ :op~,~u~ ~ ~ ~ ~o te~od ~mdo!eAgp ~. ~u~se~p~ ,b!pd es~ pu~1 l~:a,~ y
sp.mpumS N,a.w-~I Im~mue~.~r;J
Ci~ of .~ Anne.xmion Plan. r~v. 3 July 1996
Fu~ t0
allowed PiLkin Count'y
s~niUve a~as.
In c~,,uasL ie Muuicipal Code is ,.ur~ud~d :o reviver urban-level deveiopn~ and does uoE
c~rr~i~ :he n~r of the Count~s 104l relulm:im'is ~r m~m,~n~ developretort in senskive areas.
The City has made swps :o address ~ese issues,,specifically anproving fie 8040 Gm=nllne,
Euvu'onxn~mily Seusitive .~a-~a, and SU'~mn ~x/l~,ilx r~view procasses. These provisious oftixe
Cky Code may uo~ be as r~'u'~c:ive as :hose fouud Lu Pifidu Couul~/s 1041 reiZulaUun.
Ski ,~rea Base Zoning
The ,L~pen Hi!~iands Base V{II~LZ~ has obtained conceptual d~veiopmen~ approwal ~'orn Pi-Lkin
County. T. ffie Hi~lands base ar~a is annexed by ~e Ci~, ~he Ckl/s exis~n~ Ied~ zones may
be s-it=hie for fie .~pen H~lnr~ds base ar~a. The p~xential aunexaliou of Bu~r~lk
sirmlar di~culli~. The fir~uoid issue wi-dx annexing eifier base vl]lnZe is fie ~.~mlsive
which could por~uually accernmcdaEe fi.,rar~ c~velopm~xn, and ae
Ski Area Zoning
Study ,~'ea t I Luctudes ~e .-~pen Mounr~i,~ Ski .~a. The aune,uzion of fie ski area would
$ fie ¢:~xion era now zx:ne disu-ic~ for ski area reaeazicu, as ,lea'as an SPA overlay.
muni~j'p. al code~ would have ~o be r~solved p~or to ann~,muou. Pilidu Couucy has adopted
SKI ame disuic~ m regul,~2 ski srea devetopmemx and e~cpansian. This tool should be ~usidered
for. adopi:icn by the Cky' i.f annexation ocau-s in l:his ~ Addil:ional issues include the mlm:iv~
benefit el' annexing federal lands inEo fie City, as well as file addidiot
l'~-pcmlse.
U~lity F~'~nsions
Typical annexalion policies fixus a ~ deal of fiscal asalysis an fie por~n:ial a~,,n~{en of water
and sanitary sewer lines by a rmmicipality ~o amxexed terrilories. W'rrhi. fie Aspen Area, sanitary
sewer is provided by fie Aspen C~lsolidal:ed San~iou Disuic:, raffier fian fie Cky. Therefore,
smo/~I ima. oZ/uo.~,,,uuv
'~i"' ~ ";~' Water Service Areas
,, ,, City of Aspen
"'-,,,~ .,, .: / ·
/ ,, ' i~"~ \
' ~" , ,-""7
,, · , .
- ~. ,-:.~,; ~ ,
.... "', '.x% ' /
~' 7% -' =-- y~/'~. ~ .~ · "
'- . // '
'~ J · % X, "x..
I
'"b' ~'~{~t~'"tr'I.~ WP'"~ ; C,,~ i ",
kcfion
x-st purpose of dais c~r Ls ~o esmbtish =ne~ea guidelines to assLst the City of ,~spea
o deterrn~-e when ~mexadca is .appropriate, wiUch ~and should be ~exed mad how it should
~ed. The guidelines wiR also be useful ~o property owners m ~,~n~ced areas who are seeking
Licaxion of how Their tm~d will be u~axed m dae laad use process. The second purpose
er t~ ~o propose specm~c sc~cm~ to be pttrsued ~o prepare ~ae C~7. ~or ~be ~nnexadon of land
Mas~er pbpning
l. Guide~jne
Generally. an adopted Master Plan for an annexed area addressing land use and
capital facilities improvements should be a pre-requts~te to anneraYon,
Expianator~ Comments
Most of dae areas .eaa~ed for annexation haw been master planned or
developed under Pit, kin Count~z jurisdicl:ion. The previous approvals estabH-~hed
guidelines for zoning decisions and capital facilki~s ;,~.,~r~vements. Previous
approvals, in c~ail~in~ion with g~neral wi~hes of property owners and neighbors,
should be a basic considezdlon in the land use decision making process.
Development pot_enH~! Within Existing Subdivided, CRaerall~ Developed Areas
,
I. Guideline
Apply zoning to annexed areas which generally mmntains the same development
rights within the City as within urdncorporated areas.
The general idea behind this guideline is that ~nnexation and subsequen~ zaning
should not ~ a change mthe character o~an ~exed ama. [n_e,~d, the Cky
land use r~tm"ions should be'Orie~ to m~im~nin~ ~he "char~_~ of~e
GuideLine
Strwe to avoid zordng designations which make Cgn/orrmng [and uses and
structures rmnconforming.
3 .' Guideline
Consider. ;vhen appropriate. creating new !and use zone districts or formulanng
code amendments. which may. also be applied on a Ci,ty-wtde basis. to address
spec:jic problems but avoid creating custom !and use !egtsianon to address
tsotareaZ special roterest problems.
Explauato~ Comments
Inevitably, during tile annexXon process, k w~iI become evidem ~ new
legislation may be needed to address specific problems. The legis~n should be
pursued L~k addresses a problem tor~ne majori~ofpruperry owners in an area
and is consisu~ wi~ crdaer Cky pl~.~ and re~,lions. The Ck7 should avoid
creamxg land use legislation for unique problems associar~ ~ a handful o~
properties which has adverse effeas on flae entire C~.
Guideline
lYhen creaang new land use legislation for annexaaon areas. the Ci~ should
consider the e.,~cts of the new le~slat~on on the remainder of the Ci.tv of Aspen,
Postpone the anne:carton of unsubdiv~ded vacant h2nd which is rural in character
unrtt a deveiogmenr pro,vosai has been prepared for the land b.v the property.
owner(s) or a cieveiopmenr ?roposai is pena~ng, unless the Ci.rv decides to annex
cerrcan proverues due :o cheZr vaiue as open space or to achieve conrtgm .ty for
the anne.r, anon of a deveioping area. '
Floor Area Ratios
1. Guideline
The Ci ,ty 'should generally cry. to maintain Floor Area Ranos comparehie to the
Coun ,ty ' s for annexed properties. tinless it is demonstrated dumng the zoning
process that the Floor ,~rea Ratios are unreasonably high or low.
Environmental Review
1. Guideline
Urtfize the Ci.ty's Planned Unit Development (PUD) regTttat~ons: 80'40
Greenline, E, mzironmentalI. v Sensitive Arec~ and Stream Margin Review when
2. '~uidetine
Cortszder. as necessazT. , code amendments to ~and the scope of the Ci.ty's
environmental reviews to include review mechamsms which address wildlife
habitan the Stare ?Zighway 82 Scenic Corridor. and other sigmflc__~n. t
environmenrai ~ssues.
Bandit Dw~4!in~ Units
1. Guideline
Use the AccessofT: Dwelling D~it (ADC9 prowstom of the Ci.ty Land Use Code.
in conjuncnon with the Urnform Building Code. to legalize "bandit units"
employee units.
Pitkin Couu~y has developed legislatiou to legali~ "bandi~ ,miu" hi rw:um for a
property owner' ~ agr.meut :o upgra~ :h~ uuim :o meet health and saZ~y
s~ndards of the Uniform Builddug Cocbi and :o dem~i r~ule: the ,~i~s to .~Ioy,~
housing occ, rpancy.. Since many bandk umu will be eucountered v,'fieu the
Mountain Valley, Meadowood and I-Ii~lands Subdi-dsions are ~nne.xed, tie City
should apply ex~LLag regulations with respect to Accessory Dwelling Unit_~ to
address the problem.
Utilities
1. Guideline
Pursue an agreement with Pitkin County whmh insures that Pitkin Coun.ty
requires small. private. utiliLy systems to meet all Ci.tv standards.
Pinkin Counzy catmot pr~:iude a developer from installing a privaze water or s~
join ~e pubic ,~3~ ~ or ~ a ~,.~;.~im~ ~ ~ ~pfi~ ~.,~ ~
~ ~en.
Pursue the anne.r~non of Coztn.rv imzci~ only when a majon.n, oj'the proper.ry
owners ilver anner~zUon.
Explanatory
The Cky. should c~-~n~ae to r~e a pro-active role m ~nne~tioR b,v assi~ug
residems to gaffact ~nne.xati~n petition signatures. The Cky my ,nnex property
by several me:hc, ds. One medaod is m ~nnex upon receipt of a certified peti~on
fi~rn landov, uers who ov~n more th~n 50 perc~rc of~he land area in a proposed
ann~rion area~ Auother is :o call an annexation election for designated
~nne~on areas. Ira rnajod~y ofthe msidenu favor ~-..exation. the Cky may
· :~m-,ex. Fkk~Lly, the Cky may include an agreement to ~rmex as pm'z of a Water
Servi~ Agreemere: ~xecu~ with adevetoper.
For existing developed areas, the Cixyh~. pursued annexation by assisting
residents to =~her ~rme:e~rion p~i~ion signatures. When property ownere of more
tkan 50 perc~a: of the annexa~cn area have submined an ~exaticn petltlon,
~nney~on has been pursued. Th~ Ck'y Council my
methock The fu~ method is considered to be preferable because k is more
· responsible to Iccal c~zsm~ and a more per~cn~d approach to nnnex,~ion.
The City should re.earth the pros and cons of holding an ~nnexati~n election for a
Pit. kin CounW and 53 perc~',,~ m ~e C~'y of ~p~m. Follow~E ~
~ ~e C~ ~ to hold u ~ et~m ~ a ~ ~ ~e ~i~ ~
b~s ~r ~er ~.
Ski Area Zoning
1. Guideline
Pmor to annezauon of ,4s.ven ,~[ountcan and/or ,4spen Hightana~, the C,;.tv of
Aspen shou~ti adopt a special zone a~srt~a for s~ areas comt~arable to the
Coun~ 's. AF-SKI zone d/srncr.
Exp lanato~ C oramen~
The City does not have a zone ai-,r,.ia which is designed to address land use issues
associazed with ski ar~as. It will be necessary to adoin.such a disma if the ski
sed Land Use Aetions
ilo~l,g are proposed land use' acl:inns to be pursued by the City of Aspen.
I. l~pare and adopt a Land Use/C~a,,i,,,minf Beillties/Ufiliries pl~, which
addresses all land in ~he .~pen area including the ~,,,,ex~ticn areas. The Plan should
specifically ~'~ss ~he mm-anc~s to Aspen with an ~p,h~i~ ~n lands in xhe Stste
Highway 82 C~md~r.
Priam legLslaon for inclusion in the City oLLqpen Land Use Code which
includes:
· 200 f~xx setback from Sta~ Highway 82.
· Scenic Fute~'otmd Overlay re~xlazions.
· A new Zone Di~uia for base area ski devetcpmenL
, ~ amendments ~houtd be adopted a~ a pre-requisim to annee~on of land in ~e Highway
tudor. ·
Aspen Area Co.,....i.~.;~.y lmLmn, y:,,,,.~,ry 1993
AACP Appendix, lanusxy 1992
AACP Phase One R~oxz, S,epunber 199l
MEMORANDUM
THRU: ty Manage
Randy Ready, Assistant City Manager ~4
FROM: Claude Morelli, Transportation Planner
DATE: 19 July 1999
RE: Trolley Lease Proposal
SUMMARY: Twenty years ago, Aspen acquired ownership of six historic, narrow
gauge trolley cars for use on the proposed Aspen Street Railway system (see attached
Exhibit A). Five of the cars are currently in storage under canvas on the Cozy Point
property. The sixth car is stored uncovered at the Pitkin County landfill and has'
deteriorated nearly to the point of disintegration.
Recently, the Pikes Peak Historical Street Railway Foundation approached staff with an
offer to lease and remove the "landfill" car for restoration and operation on a trolley
system planned to connect downtown Colorado Springs with Manitou. The proposed
term of the lease is twelve years (two years for restoration plus ten years for operation),
with a nominal rent payment of $12 per year to the City of Aspen. Upon expiration of
the initial 12-year term, the City can renew the lease for successive three-year periods if it
so chooses. If the City instead chooses to repossess after 12 years, the Foundation will
return the car in a restored condition to Aspen.
RECOMMENDATION: After close and extensive consultation with John Busch and
other interested parties, staff recommends that Council approve the proposed lease
contract (attached as Exhibit B). In making this recommendation, staff has carefully
considered the follow factors:
· The urgent need to Stabilize the car as quickly as possible to prevent any
frether deterioration of its structural integrity.
· The benefit to Aspen in allowing an outside party to bear the burden of
restoring the trolley to operating condition.
· The good track record of the proposed lessee in obtaining funds for car
restoration and in restoring historic railway equipment.
· The close proximity of the lessee's operation to Aspen, particularly vis-h-vis
the location of other potential lessees (in Dallas, Tucson, Memphis, etc.).
Itrolleymemo Page 1 of 2
FINANCIAL IMPLICATIONS: The terms of the proposed lease agreement place the
responsibility for moving, restoring, and returning the car solely on the Pikes Peak
Historical Street Railway Foundation and not on the City of Aspen. Staff has discussed
with Pitkin County landfill officials, however, the possibility that the landfill might
provide some minimal support to remove rocks and other debris that have accumulated
around the car over the years.
CITY MANAGER'S COMMENTS:
ltrolleymerao Page 2 of 2
AGREEMENT
This Agreement is between Michael Hernstadt (Hernstadt) and the
City of Aspen, Colorado, by its ,Council (City).
WITNESSETH:
1. Gif~t. Hernstadt is the owner of three antique trolley cars
one of which, identified as # 1 is presently located on the
City's Rubey Park property, Aspen, Colorado, and t~o of which # 2
and # 3 are located at the Pitkin County Airport. Hernstadt
agrees to give the trolley cars to the City by these presents, which
gift the City agrees to accept, free and clear of all liens and encumbrances.
2. Removal of Trolley Cars. The City agrees to move the cars
frcm their present locations,if necessary, and Hernstadt agrees to pay
any moving costs incurred by the City.
S. Valuation. The City and Hernstadt agree that the trolley cars
are valued at $80,000.00 each.
4. Miscellaneous. The parties shall perfoIrn such further acts
and execute and deliver such additional instll~ents, doclEnents and the
like as may be reasonably required to effectuate this Agreement.
IN WITNESS V~TEREOF, the parties have signed this Agreenent this
The ~o ~ o
Exhibit A
AGREEMENT
This Agreement is between Michael C. Hernstadt (Hernstadt) and
the City of Aspen, Colorado, by its Counci] (City).
WITNESSETH:
1. Gift. Hernstadt has, previous to this date, gifted over to
the City three (3) antique trolley cars by agreement executed by
Hernstadt and the City on Decenber SO, 1981.
Hernstadt is the owner of three (3) additional antique trolley
cars presently located on the Hernstadt property known as the Cozy Point
Ranch, Pitkin County, Colorado. Hernstadt agrees to give the trolley
cars to the City by these presents, which gift the City ~grees to
accept, free and clear of all liens and encumbrances.
2. Removal of Trolley Cars. The City agrees to move the
cars from their present locations, if necessary, and Hernstadt agrees to
pay any moving costs incurred by the City.
3. Valuation. The City ~ld Hernstadt agree that the trolley
cars are valued at $60,000.00 each.
4. Miscellaneous. The p~rties shall perform such further acts
and execute and deliver such additional instrLuments, documents and the
like as may be reasonably required to effectuate this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement this
Michael C. H~rnstadt
KNOW ALL MEN BY THESE PRESENTS That Michael C. Hernstadt
of the County of Pitkin, State of Colorado, does hereby
grant, ~onvey and gift over to the City of Aspen, six (6)
antique Trolley Cars, one of which, identified as #1 is
presently located on the City's Ruby Park property, Aspen,
Colorado, and five of which, #2 through #6, are located at
the property of Michael C. Hernstadt known as Cozy Point
Ranch on Highway 82 in Pitkin County, Colorado; and
That Michael C. Hernstadt does hereby warrant the title
to such Trolley Cars and that same are free of all liens and
encumbrances.
' - ,7, '/'
Michael C. Hernstadt
STATE OF COLORADO )
) SS:
COUNTY OF PITKIN )
Subscribed and sworn to before me this // !day of
', ", 1981, by Michael C. Hernstadt.
Witness my hand and official seal.
My Commission expires: .~ l: :'2 './' ~
LEASE
(STREET RAILWAY ROLLING STOCK)
LESSOR, The City of Aspen (Aspen), whose address is 130 South Galena Street, Aspen, Colorado
81611, for the purpose, term, rent and upon the stipulations and provisions contained in this Lease
does hereby lease and let unto LESSEE, and LESSEE, The Pikes Peak Historical Street Railway
Foundation (PPHSRF), a Colorado nonprofit corporation, whose address is P.O. Box 544, Colorado
Springs, CO 80901does hereby hire and take from LESSOR, the following used street railway rolling
stock owned by LESSOR, viz
One (I) 28' single-truck, double-ended J.G. Brill Company streetcar, manufactured about
1899, formerly used in Lisbon, Portugal, currently painted red and lettered The Aspen Street Railway
Company, Galena St. No.23" (herein called the streetcar)
1. PURPOSE. To restore the Streetcar to operating condition. To operate the streetcar as a
historic trolley in regular or occasional service on street and private right-of-way trackage in and
between the Cities of Colorado Springs and Manitou Springs, in E1 Paso County, Colorado.
2. TERM OF THE LEASE. The initial term of this lease is fora ten (10) year period,
commencing on the earlier of(a) the date the streetcar is placed in service or (b) two years from the
date of execution of this lease (which period allows for the restoration of the streetcar).
CONTINUATION OF THE LEASE. After the expiration of the initial ten-year term of this
lease, this lease shall be automatically renewed for successive three (3) year periods thereafter for the
same purpose, rent, and upon the same stipulations and provisions as prevailed during the initial ten
year term, unless LESSOR shall have givenLESSEE six (6) months prior written notice of its desire
to terminate this lease.
EARLY TEKMINATION OF THE LEASE. LESSEE is hereby granted the right, privilege
and option to terminate this lease at any time prior to the expiration of the initial ten (10) year term,
upon written notice ~ven to LESSOR. In this event, LESSEE's obligation to restore the streetcar
shall not extend beypnd the work that it has accomplished at the time written notice to LESSOR is
given.
3. RENT PAYMENT. As rent, for the right to restore, possess, use and operate the streetcar
during the initial term and any continuation term, LESSEE shall pay the sum of $12 US dollars
($12.00) yeafly in advance, beginning on the commencement date and continuing on the same date
in each successive year thereamer that the lease is in effect. LESSEE shall pay rent to LESSOR at
the address stated in this lease, or at such other address as LESSOR in writing may direct.
TAXES. All excise, tax, assessment, duty or compensation required by any governmental
body, which result from LESSEE's possession or use of streetcar, shall be paid by LESSEE.
Exhibit B
COSTS, EXPENSES, FEES AND CHARGES, REGISTRATION, PERMITS. LESSEE
agrees that it will pay all such charges incurred with the registration, transportation, possession,
permitting licensing, use or operation of the streetcar during the lease term.
4. RESTORATION. LESSEE intends to restore the streetcar generally to a condition similar
to the previous restoration efforts undertaken by LESSOR as it understands them, based on
photograph and descriptions it has on hand, except that LESSEE may make such modifications as
will make the streetcar suitable and safe for LESSEE's street service and attractive for ridership,
including modification of the trucks to operate on standard gauge (4'8 I/2") tracks. LESSEE's
philosophy in streetcar restoration, is that historic cars be returned to their original appearance
insofar as practical from a cost standpoint, and that philosophy shall guide its restoration efforts.
RESTORATION COSTS. LESSEE will assume, bear and pay all costs and expenses of every
kind and nature, in any manner connected with the restoration of the streetcar to operating condition,
unless otherwise specifically agreed to in writing between LESSEE and LESSOR.
RESTORATION - ORIGiNAL PARTS AND HARDWARE. LESSEE shall retain all
original parts, hardware, furniture, assembley and other material that may be permanently removed
from the streetcar in the course of its restoration. LESSOR shall be provided opportunity to inspect
and retain possession of such original parts if LESSOR so chooses.
5. CONDITION. LESSEE shall take possession of the streetcar 'as is," "where situated," "as
presently equipped and outfitted." LESSEE acknowledges that it has determined and accepted the
condition of the streetcar. LESSOR makes no representation or warranty as to the streetcar's
condition, or whether it is equipped or acceptable for street railway operations or whether it complies
with applicable federal, state, municipal or environmental laws, codes, regulations or safety standards.
6. DELIVERY, TRANSPORTATION. LESSEE is responsible, liable and shall make all
arrangements for the removal and transportation of the streetcar from its present site adjacent to the
Pitkin County Landfill. ARer delivery, LESSEE shall assume, bear, indemnify and hold LESSOR
harmless from and against all risk of loss or destruction of or damage to the streetcar and related
equipment and contents.
7. INDEMNITY. LESSEE shall indemnify and hold harmless, LESSOR from any and all claims,.
losses, damages or expenses whatsoever, on account of injuries to or death of any and all persons,
and any and all loss, damage or destruction of property whatsoever, occasioned by or growing out
of this lease or the possession, restoration, use or operation of the streetcar.
8. iNSURANCE. At its expense, LESSEE shall carry and maintain in full force and effect
during the term of this lease and any continuation thereof, comprehensive general liability insurance
providing in the aggregate, not less than two million dollars ($2,000,000) for bodily injury, death and
property damage, covering LESSOR as an additional insured. In addition, LESSEE shall carry
property insurance on the streetcar, in an amount not less than fifteen thousand dollars ($15,000) or
such greater amount as is necessary to provide adequate coverage following the process of and
completion of restoration work.
9. WARRANTY. LESSOR warrants that it is the lawful owner ofthe streetcar and that it is free
of liens, encumbrances and security agreements, that LESSOR has full fight and authority to lease
the same and to execute this lease agreement, and that LESSOR will warrant and defend title to the
streetcar in the quiet and peaceful possession of LESSEE against any and all lawful title claim arising
by, through or under LESSOR.
10. LESSEE'S OPERATION OF THE STREETCAR. LESSEE shall use the streetcar for
passenger transportation in a safe and lawful manner, and shall comply with all applicable federal,
state, county and municipal statutes, ordinances, rules and regulations, which may be applicable to
the leasing, transportation, restoration, use or operation of the streetcar.
11. MAINTENANCE. Following the restoration of the streetcar to operating condition, at its
cost and expense, LESSEE shall maintain the streetcar in a good state of repair and operating
condition as when restored, and upon termination of the lease, shall return the streetcar to LESSOR
in the same state of repair and operating condition as when restored, normal wear and tear excepted.
12 REPORTING MARKS, SERIAL NUMBERS, ROAD NAME, PAINTING. LESSEE may
cause to be applied to the streetcar and maintained during the term of this lease, appropriate serial
numbers, equipment designations, reporting marks and may paint and maintain the streetcar in colors
appropriate to LESSEE's operations, at LESSEE's cost and expense.
13. LIENS. LESSEE may seek sponsors for the streetcar, whose funds will be used in its
restoration and operation, and may identify such sponsors on the car in a manner to be determined
by LESSEE, but will not permit any mechanics' liens or other liens to accrue or exist against the
streetcar. LESSEE will not create or permit to be created, any mortgage, trust deed, security
agreement, chattel mortgage or other financing arrangement against the streetcar.
14. ASSIGNMENT, SUBLETTING, SUCCESSORS. Neither this lease nor any interest therein
shall be assigned or transferred by LESSEE, or be allowed to go out of LESSEE's possession, or off
the line of trackage over which LESSEE has the fight to operate, without the advance written consent
of LESSOR, such consent not to be unreasonably withheld.
15. DEFAULT. If LESSEE is in default in the performance ofany ofthe terms ofthis lease,
LESSOR may declare a condition of default, so notifying LESSEE in writing by certified letter, and
LESSEE shall have thirty (30) days after receipt of such letter to correct such default, or surrender
possession of the streetcar to LESSOR.
16. TERMINATION. Upon termination of this lease, LESSEE agrees to peacefully surrender
the streetcar to LESSOR, and if LESSEE remains in possession of same, LESSOR may take such
action as is appropriate to retake, repossess and remove the streetcar. In the event of termination,
LESSEE agrees:
a. It will store and protect the streetcar on LESSEE's tracks and facilities.for a period not
to exceed sixty (60) days following the termination date.
b. At no expense to LESSOR, it will redeliver the streetcar to LESSOR to such location flee
on or off tracks, in the City of Aspen. Any delivery request involving expenses over and above
standard crane-off-truck expenses, shall be borne by LESSOR.
17. ASSENT, WAIVER. No assent, express or implied, oral or written, to any breach or default
in LESSEE's performance in any one or more of its obligations, undertakings or agreements
hereunder, shall be deemed or taken to be a consent or waiver of any succeeding or other breach or
default. Any payment by LESSEE or acceptance by LESSOR of a lesser amount than due shall be
treated only as a payment on account. Further, failure of the LESSOR to render any bill against
LESSEE for any amount due hereunder, shall not be deemed a waiver of the LESSEE's liability and
obligation to timely pay, perform and observe same.
18. LESSOR'S RIGHT TO TERMINATE. This lease is made with the express understanding
and agreement by LESSEE, that in the event LESSEE becomes insolvent or is declared bankrupt,
then LESSOR may declare this lease ended and all right of LESSEE hereunder shall forthwith
terminate and cease.
19. NOTICES. All notices required under this lease shall be in writing and shall be sufficent if
delivered personally or by faxsimile or other similar communications equipment or by certified United
States mail, return receipt requested, postage prepaid, addressed to LESSOR or LESSEE as the
applicable case might be, at the address contained in this lease, or as subsequently changed. All
notices sent by fax or ovemight mail delivery service will be deemed delivered when actually received
by addressee; all notices sent by mail shall be deemed to be received three (3) business days after such
notice is deposited in the United States mail.
20. ENTIRE AGREEMENT. This lease expresses the entire agreement between LESSOR and
LESSEE, and may be modified only by written agreement between the parties hereto.
1N WITNESS WHEREOF, LESSOR and LESSEE respectively, have executed this lease as of
,1999, evidencing their respective intent to be legally bound thereby.
THE CITY OF ASPEN
By: , its
THE PIKES PEAK HISTORICAL STREET RAILWAY FOUNDATION
By: , its
MEMORANDUM
TO: Mayor and Members of Council
FROM: John P. Worcester Aspen - 50 Years After Goethe
Mind - BOOM - Spirit
DATE: July 26, 1999
RE: Barbee Property Annexation - Second Reading and Public Hearing
Attached for your consideration and review is a proposed ordinance which, if adopted, would annex
the Barbee Property to the City of Aspen. This matter is before you for Second Reading and a
Public Hearing.
The original petition for annexation was filed with the City Clerk on August 18, 1997. On
September 8, 1997, City Council adopted a resolution finding substantial compliance with Section
31-12-107(1), C.R.S. A public hearing was held on October 14, 1997, at which time Council
determined that the proposed annexation was in compliance with Sections 31-12-104 and 31-12-
105, C.R.S. First reading of the ordinance was held and approved by Council on April 12, 1999.
Second reading of the ordinance has been continued a number of times at the request of the
applicant.
The decision to annex property to the City is a legislative act and is entirely within your
discretionary powers. You may annex, or not, for any reason, or no reason at all
ACTION REQUIRED: A Motion to approve Ordinance No./L
xc: City Manager
Community Development Director
Finance Director
JPW-07/21/99-G:\john\word\memos\Barbee - ann.doc
ORDINANCE NO.
(Series of 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE C1TY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "BARBEE PROPERTY"
ANNEXATION.
WHEREAS, on August 18, 1997, the owners of the property proposed to be annexed did
file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of
Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attomey's Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed,
exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 69, Series of 1997) at its regular
meeting on September 8, 1997, did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 78, Series of 1997) at its regular
meeting on October 14, 1997, did find and determine, following a public heating, said Petition for
Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNC1L OF THE CITY OF
ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "Barbee Property", and as shown on the annexation map, is hereby
annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this
annexation ordinance and of the annexation map with the Division of Local Govemment of the
Department of Local Affairs, State of Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this
annexation ordinance.
Section 4. That if any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
A public hearing on the ordinance shall be held on the day of ,1999, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the ~ day of ,1999.
John S. Bennett, Mayor
ATTEST:
Kathryn S. KOch, City Clerk
FINALLY adopted, passed and approved this day of
,1999.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
JPW-03/3O/99-G:\john\word\ords\barbee-ann.doc
MEMORANDUM
TO: MAYOR AND COUNCIL
THRU: AMY MARGERUM, CITY MANAGER
THRU: JOHN WORCESTER, CITY ATTORNEY
THRU: COMMERCIAL CORE AND LODGING COMMISSION
FROM: ~ DAVID HOEFER, ASSISTANT CITY ATTORNEY
DATE: , JULY 15, 1999 ' ,
RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, AMENDING THE MUNICIPAL
CODE BY THE ADDITION OF A CHAFFER REGULATING
"DELIVERY VEHICLES."
SUMMARY: .The Commercial Core and Lodging Commission (CCLC) of the City bf
Aspen has heard complaints and conducted public meetings on the issue of when
commemiai deliveries should be permitted in the commercial corn of the City of Aspen.
The CCLC thereby determined that deliveries between the hours of 8:00 p.m. and 5:00
a.m. are disruptive to the citizens and tourists residing in and near the commercial corn.
The CCLC further determined that de, liveries condi~cted from the streets of'Aspen
between the hours of 10:00 a.m. and 8:00 p.m. are disruptive to the traffic flow of the
Commercial Core.
Therefore, the CCLC is proposing restrictions on deliveries as follows:
8:00p.m~ to 5:00 a.m.: Between the hours of 8:00 p.m. and 5:00 a.m., no deliveries
may be made in the City of Aspen.
5:00 a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., deliveries
may be conducted from adegally parked vehicle on a street, alleyway, or truck loading
zone in the City of Aspen.
10:00 a.m. to 8:00p. m.: Between the hours of 10:00 a.m. and 8:00 p.m., deliveries may
be conducted only from the alleyways or truck loading zones of the City of Aspen.
An exemption in the ordinance is prox~ided,for newspaper and fast food deliveries:
Enforcement may be done by any,sworn enforcement officer of the ,City of Aspen,
The decision as to Which City~ department or departments would over-see enforcement
is an administrative decision, and it need hot be designated in the ordinance.
The two main grocery stores (City Market and Clark's Market) are not in the
commemial core and will not be affected by this ordinance.
In addition, the reasonable exemption of delivery vehicles from certain parking
limitatioris and reasonable regulations on delivery vehicles Would be established by the
ordinance.
An effective date of October 1, 1999, is provided for in the ordinance to give
businesses a period Of time to adjust to the propohsed delivery schedules. Council may
Wish to shorten or lengthen this time frame. ,
DISCUSSION: The Commercial Core and Lodging Commission believes that adoption.
of this proposed ordinance will be ~ benefit to the citizens and tourists living in and
visiting the commercial core and that the ordinance will create a more consistent
environment for the orderly delivery of goods, merchandise, freight, and passengers in
the Commercial Core.
FINANCIAL IMPLICATIONS: There are no financial implications to the City.
RECOMMENDATION: CCLC recommends adoption of the proposed ordinance.
PROPOSED MOTION: "I move tO approve Ordinance No~, Series of 1999,,
amending the Aspen Municip,al Code by the addition of a chapter regulating ~'delivery
vehicles.""
CITY MANAGER COMMENTS:
ORDINANCE NO. , SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE
ADDITION OF A CHAPTER REGULATING "DELIVERY VEHICLES."
WHEREAS, the Commemial Core and Lodging Commission (the "CCLC") of the City
of Aspen has heard complaints and conducted public meetings on the issue of when
commercial ,deliveries should be permitted in the City of Aspen, and
WHEREAS, the CCLC has determined that deliveries between the h~urs of 8:00 p.m.
and 5:00 a.m. are disruptive to the citizens and tourists residing in and near the
Commercial COre, and
c
WHEREAS, the CCLC has determined that deliveries conducted from the streets are
disruptive to the traffic flow in the Commercial Core between the hours of 10:00 a.m. ~
and 8:00 p.m., and
WHEREAS, the CCLC has determined that deliveries in the Commercial Core may be
conducted subject to certain conditions from a legally parked vehicle in a street,
alleyway, or truck loading zone between the hours of 5:00 ain. and 10:00 a.m., and
· WHEREAS, the CCLC believes that it is in the best interests of the health, welfare,
'and safety of the citizens of Aspen to amend the Aspen Municipal Code by the addition
of a chapter to be entitled "DeliVery Vehicles," and
WHEREAS, the City Council concurs with the CCLC and desires to adopt for the
benefit of the City of Aspen the following code amendments, to be effective October I,
1999.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE
CITY OF ASPEN~ COLORADO; THAT: '
Section 1
That the Municipal Code of the City of A~pen, Colorado, is hereby mended by the
addition of a new chapter, 24.20 Delivery Vehicles; which shall read as follows;
Chapter 24.20 Delivery Vehicles
24.20.010 Definitions.
For purposes of this chapter, the foll6wing definitions shall apply:
Commercial core shall bede~n~d as the CC zone district of the City of Aspen,
which may be mended from time to time by City Council. This currently includes
all property within the area bordered by Durant to the .south, Monarch to the west, '
Main Street to the north, and Spring to the east, plus all properties that abut Main
Street on the north side of that street.
Deliveries are defined as the necessary and expeditious loading and unloading of
'goods, merchandise, freight, or passengers. '
Delivery vehicles are defined as vehicles used m make regular deliveries, as defined
herein, to businesses in Aspen and which may be issued a permit allowing parking in
loading zones.
24.20.020 Restrictions on deliveries.
Except for vehicles delivering newspapers or fast food, such as pizza and sandwiches,
the following time restrictions shall apply to deliveries made in the commercial core of
the City of Aspen: ..
A. 8:00p. rn. to 5:00 a.rn.: Between the hours of ~:00 p.m. and 5:00 a.m., no
deliveries may be made in the City of Aspen.
B. 5:00a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., ~[eliveries
may be conducted from a legally parked vehicle on a street, alleyway, or truck loading
zone in the City of Aspen.
C. 10:00 a.m. tq 8:00p.rn.: Between the h6urs of 10:00 a.m. and 8:00'p.m.,
deliveries may be conducted only from the alleyways or track loading zones of the City
of Aspen.
24.20.030 Exemption of delivery vehicles from certain parking limitations.
A. Delivery vehicles which met the requirements of this Chapter, including Section
24:20.020 above, are exempt .from certain parking limitations in Aspen's Commercial
Core and in surrounding Residential Parking Zones.
1. In the Commemi. al Core a delivery vehicle shall be allowed to use all track loading
zones and alleys while the driver is completing a, deliVery.
2. In the Residential Parking Zones surrohnding the Commercial Core, a delivery
vehicle shall be exempt from the two-hour limitation, While the driver is completing a
delivery.
3. A vehicle will qualify as a delivery vehicle for purposes of the exemptions if
the regulations set forth in Section 24.20.040 are met.
24.20.040 Regulations on delivery vehicles.
A. Operators of delivery7 vehicles shall cooperate with City personnel regarding snow
removal and street cleaning operations.
B. Delivery vehicles shall comply With the idle ordinance and other relevant City of
Aspen ordinances, including but not limited to the Model Traffic Code.
C. A business usihg a delivery vehicle shall possess a valid City of Aspen businoss
license or he. exempted from the requirement by the City of Aspen Finance Department.
D. A delivery vehicle shall either be conspicuously marked as a delivery vehicle with
plain and legible identification including the business name and phone number affixed
permanently to the side of the vehicle or the vehicle shall display a valid delivery permit
issued by the City of Aspen Transportation and Parking Department.
E. The use of a delix;ery vehicle shall be required due to (1) the bulk of the items
being delivered or (2) the need for repeated and frequent trips to load or unload the
vehicle.
F. The vehicle must be active!y involved in a delivery for the entire period of any
exemption granted. Specifically, the exempted status does not cover time taken for
personal business, business not specifically involving the delivery, and break periods.
24.20.050 Violations and penalties.
A idolation of any of the provisions of this code shall constitute a misdemeanor,
punishable upon conviction by a fine,, imprisonment, or both a fine and imprisonment,
aS set forth in section 1.04.080 of this Code. A separate offense shall be deemed
committed on each day or portion thereof that a violation of the provisions of this code
occurs or continues unabated.
Section 2
This ordinance shall not be effective until October 1, 1999.
Section 3
If any section, subsecti0n, sentence, clause, phrase, or portion of this ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
, provision and such holding shall not affect the validity of the remaining portions thereof.
Sectiod 3
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any other
ordinance, and the same shall be conducted and concluded under such other
ordinance.
Section 4
A public hearing on the ordinance shall be held on the day of ,1999,
'at 5:00 p.m: in the City Council Chambers, Aspen City Hall, 130 So~uth Galena, Aspen,
Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City of
Aspen on the day of ,1999.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this day of ,1999.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
5
TO: MAYOR AND COUNCIL - ~
THRU: . AMY MARGERUM, CITY MANAGER
THRU: JOHN WORCESTER, CITY ATTORNEY
THRUr .LEE CASSIN, ENVIRONMENTAL HEALTH DIRECTOR
THRU: BRIAN FLYNN, ENVIRONMENTAL RANGER'~2~
FROM: DAVID HOEFER, ASSISTANT CITY ATTORNEY
DATE: JUNE 21, 1999
RE: AN ORDINANCE AMENDING THE CHAPTER
ENTITLED "V~ILDLIFE PROTECTION," BY REVISING
THE DEFINITION OF "WILDLIFE RESISTANT
DUMPSTER ENCLOSURE."
SUMMARY: City Council recently adopted an ordinance for the protection of wildlife
, which requires the use of "wildlife resistant dumpster enclosures." However, as
sometimes occurs with new Ordinances, staff deten~nined that the ordinance as ad~>pted
contained an unexpected problem.
· Specifically, it was determined ttiat each enclosure Would require a building permit,
which would significantly increase the cost of the enclosures and which would also
finduly burden the building department.
Therefore, this amendment proposes to modify the definition of a "wildlife resistant
dumpster enclosure" by exempting any enclosure under 120 square feet in size~ from
the requirement of a building permit.
The amendment also precludes the attachment of an enclosure to an historic s~ructure,
prohibits the location of the enclosure in a public right-of-way, and requires that the
enclosure be located adjacent to an alley (when possible), The amendment further
requires compliance with setback requirements for.trash/utility service areas in the
CC and C-1 zone districts.
FINANCIAL IMPLICATIONS: Reduces the cost of enclosures to the individual.
citizen and reduces work-load for the buildi~ig department~
RECOMMENDATION: Staff recommends adoption of the amendment.
PROPOSED MOTION: Staff recommends the following motion:
"I move to approve Ordinance ~). Series of 1999, which amends the definition
of a wildlife resistant dumpster enclosure.
CITY MANAGER COMMENTS." '
ORDINANCE NO. '~0, SEnIES OF 1999
AN-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY
AMENDING THE CHAPTER ENTITLED ~'WILDLIFE PROTECTION,"
BY REVISING THE DEFINITION OF
"WILDLIFE RESISTANT DUMPSTER ENCLOSURE." '
WHEREAS, the City ~f Aspen, Colorado, ,adopted a chapter for the Aspen Municipal
Code entitled "Wildlife Protection," and
WHEREAS, city staff has determined that the chapter as writKen would require a
building permit for all "wildlife resistant dumpster enclosures," and
WHEREAS, the requirement fOr a building permit wouldsignificantly increase the cost
of a "wildlife resistant dumpster" for the citizens of Aspen, and
WHEREAS, the requirement for a building permit would significantly burrden the
building d~partment, and
WHEREAS, the City Council has determined that a staff level review by
a community safety officer or an environmental ranger of dumpsters of less than one
hundred twenty (120) square feet is in the best interests of"the health and welfare of
the citizens of Aspen.
NOW, THEREEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
That the 'Municipal Code of the City offAspen, Colorado, is hereby.amended by the,
~epeal in its entirety of Section 12.08.010(3), the definition of wildlife resistant dumpster
~nclosure, and by the adoption of a new 12.0&010(3), wildlife resistant dumpster
enclosure definition, which shall read as follows:
(3) Wildlife resistant dumpster enclosure means an enclosed structure consisting of
four sides and a secure door or ,cover, which shall have a latching device of sufficient
design and strength to prevent access by wildlife. The enclosure shall not be larger than
necessary to enclose the trash receptacle(s), shall not be attached to an historic structure,
shall not be located in a public right-of-way, and Shall be located adjacent to the alley
where an alley borders the property. Wildlife resistant d.umpster enclosures located in the
Commercial, Core (CC) and the Comm,ercial (C-l) zoning districts are required to comply
with Sections 26.710.140(D)(6) and 26.710.150(D)(6), as applicable. An enclosure of
less7 than one hundred twenty (120) square feet shall not require a building permit or
Community Development review; hoyq'e~rer, plans for the dumpster are required to be
reviewed and approved by a City Community Safety Officer or an Environmental Ranger
: prior to the commencement of construction. An enclosure of one hundred twenty (120)
square feet or larger requires a building permit.
Section 2
If any section, subsection, sentence, clause, phrase, .or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 3
The ordinance shall not dffect any existing litigation and shall not operate as an
abatement ~f any action or proceeding now pending under or bY virtue of any other
ordinance, and the same ghall be conducted and concluded under such other ordinance.
Section 4
A public hearing on the ordinance shall be held on the day of ,1999,
at 5:00 p.m. in .the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City of
Aspen on the day of ,1999.
2
Rachel Richards
Mayor
ATTEST:
Kathi'yn S. Koch
City Clerk
FINALLY adopted, passed, and appro~ed this day of ,1999.
Rachel Richards
Mayor
ATTEST:
Kathryn S. Koch
City Clerk
3
FINANCE
DEPARTMENT
Memo
To: Mayor and City Council ~/
From: Tabatha Mailer Finance D~rector
John Worcester, City Attorney
Steve Barwick, Assistant City Manager
RE: Emergency Ordinance for Bond Approval
Date: July 21, 1999
SUMMARY: An emergency ordinance to approve the issuance of the $13,890,000 in
Sales Tax Revenue Bonds, Sedes 1999, is included for second reading and public headng
on July 26, 1999.
BACKGROUND: On June 29, 1999 Council approved a contract with Bigelow and
Company for underwriting and financial advising services related to the issuance of the City:s
$13,890,000 Sales Tax Revenue Bonds, Sedes 1999. Staff and Bigelow marketed the
bonds on July 8t~, in order to lock in interest rates. After marketing and final approval of the
attached ordinance the bonds can be officially sold and the City will receive its money.
We are requesting Council approve the attached emergency ordinance approving the
issuance of such bonds. An emergency ordinance is being used so that the ordinance will
be effective immediately after second reading instead of the normal thirty-day waiting pedod.
This allows the City to receive the bond proceeds the first part of August, instead of the last
part of August.
PROPOSED MOTION: Approve this Ordinance on second reading.
· Page I
ORDINANCE NO.~__.[ (SERIES OF 1999)
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $13,890,000,
AGGREGATE PRINCIPAL AMOUNT OF CITY OF ASPEN,
COLORADO, SALES TAX REVENUE BONDS, SERIES 1999;
AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR THE
PURPOSE OF CONSTRUCTING AND IMPROVING CERTAIN CITY
RECREATIONAL AND PARK FACILITIES, FUNDING A RESERVE
FUND AND PAYING COSTS OF ISSUING SAID SERIES 1999 BONDS;
PROVIDING THE FORM, TERMS AND CONDITIONS OF SAID
SERIES 1999 BONDS, THE MANNER AND TERMS OF THEIR
ISSUANCE, THE MANNER OF THEIR EXECUTION, THE METHOD OF
PAYING THEM AND THE SECURITY THEREFOR; PLEDGING
CERTAIN SALES TAX PROCEEDS OF THE CITY FOR THE PAYMENT
OF SAID SERIES 1999 BONDS; PROVIDING CERTAIN COVENANTS
AND OTHER DETAILS CONCERNING SAID SERIES 1999 BONDS AND
THE SALES TAX REVENUES; RATIFYING ACTION PREVIOUSLY
TAKEN AND APPERTAINING THERETO; AND DECLARING AN
EMERGENCY AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS EMERGENCY ORDINANCE.
WHEREAS, the City of Aspen (the "City"), in the County of Pitkin and State of
Colorado, is a legally and regularly created, established, organized and existing municipal
corporation under the provisions of Article XX of the Constitution of the State of Colorado and
the home rule charter of the City (the "Charter'D; and
WHEREAS, under the Charter, the City is possessed of all powers which are necessary,
requisite or proper for the government and administration of its local and municipal matters, all
powers which are granted to home rule municipalities by the Colorado Constitution, and all
rights and powers that now or hereafter may be granted to municipalities by the laws of the State
of Colorado; and
WHEREAS, the City, pursuant to Ordinance No. 16, Series of 1970 (the "Sales Tax
Ordinance") levies a one pement (1.00%) sales tax (the "Open Space Sales Tax") on all sales of
tangible property and services specified in Section 23.32.090 of the City's Municipal Code for
the payment of food tax refunds, and for the acquisition of real property including open space or
construction of capital improvements for municipal purposes, or the payment of indebtedness
incurred for such acquisition or construction of capital improvements for municipal' purposes, for
the expenditures necessary to protect such property against loss, damage or destruction; and
WHEREAS, receipts from the Open Space Sales Tax. are required to be set aside in a
separate fund entitled "Parks and Open Space Fund" and expended by the City Cmmcil solely for
the acquisition of parks, trails and open space real property, for the construction of improvements
on any real property, owned or purchased by the City for parks, trails and open space purposes,
for the maintenance of real property owned by the. city and used for parks, trails and open space,
02-39207.05
and for payment of indebtedness incurred for acquisition or improvement of parks, trails and
open space real property, food tax refunds payable by the City, and for such expenditures as may
be necessary to protect real property or the improvements thereon owned by the City for parks,
trails and open space purposes and for the payment of sales tax revenue bonds issued by the City;
and
WHEREAS, Section 10.5 of the Charter provides in relevant part:
The City shall, in addition, have the authority to issue revenue bonds... payable
in whole or in part from the imposition of a sales or use tax by the State of
Colorado, or any agency thereof.... No revenue bonds shall be issued until the
· question of their issuance shall have been approved by a majority of the electors
;voting on the question at a regular or special election; ....
; and
WHEREAS, the following question regarding the issuance of sales tax revenue bonds
was submitted to the electors of the City as the City's May 4, 1999 biexmial general municipal
election, and was approved by a majority of those voting on the question:
SHALL CITY OF ASPEN DEBT BE INCREASED $13,894,000.00, WITH A
MAXIMUM REPAYMENT COST OF $24,100,000.00 (BUT WITH NO
INCREASE IN THE CITY'S EXISTING TAXES), FOR THE PURPOSE OF
CONSTRUCTING AND IMPROVING CERTAIN CITY RECREATIONAL
AND PARK FACILITIES, INCLUDING, BUT NOT LIMITED TO:
.CONSTRUCTION OF A SWIMMING POOL AT ISELIN
PARK;
.CONSTRUCTION OF A NEW CLUBHOUSE, PROSHOP,
NORDIC CENTER AND RESTAURANT AT THE CITY'S
MUNICIPAL GOLF COURSE;
*RENOVATION OF THE CITY'S EXISTING ICE RINK AT
THE ICE GARDENS; AND
*CONSTRUCTION AND RENOVATION OF
BASEBALL/SOFTBALL FIELDS, TENNIS COURTS,
BASKETBALL COURTS, TRAILS AND PEDESTRIAN
WALKWAYS AND ANCILLARY PARKING FACILITIES,
LANDSCAPING AND RELATED IMPROVEMENTS
THROUGHOUT THE CITY'S PARK SYSTEM, INCLUDING:
*ISELIN PARK;
02-39207.05 2
,MOORE PLAYING FIELDS;
,THE ASPEN SCHOOL DISTRICT CAMPUS;
,PLUM TREE PARK;
,WAGNER PARK;
,THE YELLOW BRICK SCHOOL BUILDING;
,THE RIO GRANDE TRAIL; AND
,CEMETERY LANE;
SUCH DEBT TO CONSIST OF THE ISSUANCE AND PAYMENT OF SALES
TAX REVENUE BONDS, PAYABLE FROM THE EXISTING ONE PERCENT
SALES TAX OF THE CITY DEPOSITED TO THE PARKS AND OPEN
SPACE FUND OF THE CITY; WHICH BONDS SHALL BEAR INTEREST
AND MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT
PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR
TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH
MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT
HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND SHALL
ANY EARNINGS (REGARDLESS OF AMOUNT) FROM THE INVESTMENT
OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-
APPROVED REVENUE CHANGE?
; and
WHEREAS, in accordance with the authority above granted, the City Council hereby
determines to issue its "City of Aspen, Colorado, Sales Tax Revenue Bonds, Series 1999" (the
"Series 1999 Bonds"), including registered interest coupons relating thereto (the "Registered
Coupons'), payable solely from sales tax revenues of the City deposited to the City's Parks and
Open Space Fund; and
WHEREAS, the Series 1999 Bonds, including the Registered Coupons, will be issued,
sold and delivered by the City to Bigelow & Company, Denver, Colorado (the "Underwriter") as
provided herein; and
WHEREAS, there are no other obligations of the City having a lien upon the Pledged
Revenues other than the Series 1999 Bonds; and
WHEREAS, all things necessary to make the Series 1999 Bonds and the Registered
Coupons when authenticated by the Paying Agent (as defined herein) and issued as provided in
this Ordinance, the valid, binding and legal obligations of the City according to the import
02-39207.05 3
thereof, and to constitute this Ordinance a valid assignment and pledge of the mounts pledged to
the payment of the principal of, premium, if any and interest on the Series 1999 Bonds, including
the Registered Coupons, have been done and performed, and the creation, execution and delivery
of the Series 1999 Bonds, including the Registered Coupons, subject to the terms hereof, have in
all respects been duly authorized.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1. Definitions. The terms defined in this Section shall have the designated
meanings for all purposes of this Ordinance and of any amendatory or supplemental ordinance,
except where the context by clear implication requires otherwise.
"BondFuncF means the Bond Fund created pursuant to Section 13 hereof.
"Bond Year" means the one-year period beginning on the date of the Series 1999 Bonds
and ending the day before the first anniversary date of the date of the Series 1999 Bonds, and
each one-year period thereafter.
"Business Day" shall mean any day on which banks located in the City, located in the
City of New York, New York or located in the city in which the principal corporate trust office
of the Paying Agent is located are not required or authorized by law to remain closed and on
which The New York Stock Exchange is not closed,
"Cede" means Cede & Co., the nominee of DTC, and any successor nominee of DTC.
"Charter" means the Home Rule Charter of the City, as amended.
"City" means the City of Aspen, Colorado.
"Code" means the Intemal Revenue Code of 1986, as mended.
"Council" means the City Council of the City.
"DTC" means The Depository Trust Company, New York, New York, and its successors
and assigns.
"Event of Default" means any occurrence or event specified in and defined by Section 26
hereof.
"Federal Securities" shall have the meaning ascribed to such term in Section 24 hereof.
"Investment Instructions" means the letter of instructions provided to the City on the date
of issue of the Series 1999 Bonds in accordance with Section 17 hereof.
02-39207.05 4
"1970 Sales Tax Ordinance" means Ordinance No. 16 (Series of 1970), adopted by the
City Council of the City on July 13, 1970, and approved by the qualified electors of the City on
September 1, 1970, which levies the City's Open Space Sales Tax.
"Open Space Sales Tax" means the 1% sales tax levied by the City on the sale of tangible
personal property at retail and the furnishing of services in the City pursuant to the 1970 Sales
Tax Ordinance.
"Ordinance" means this Ordinance, and any amendments or supplements hereto as may
be adopted by the Council in compliance herewith.
"Participants" means those broker-dealers, banks and other financial institutions from
time to time for which DTC holds Series 1999 Bonds and Registered Coupons as a securities
depository.
"Paying Agent" means Norwest Bank Colorado, National Association, in Denver,
Colorado, or its successors.
"PermittedInvestments" means any investment which is a legal investments for the City.
"Pledged Revenues" means for each fiscal year all of the proceeds of the Open Space
Sales Tax after deduction of the reasonable and necessary costs and expenses of collecting and
enforcing the Open Space Sales Tax, if any.
"Project" means the construction and improvement of City recreational and park
facilities.
"Rebate Fund" means the Rebate Fund created pursuant to Section 13 hereof.
"Registered Coupons" means the separate, detached registered coupons evidencing
Supplemental interest on the Series 1999 Bonds designated as "B," as set forth in Section 5
hereof.
"Registered Owner" means the person or persons in whose name or names a Series 1999
Bond or a Registered Coupon shall be registered on the books of the City maintained by the
Paying Agent kept for that purpose in accordance with provisions of this Ordinance.
"Regular Record Date" means the fifteenth day of the calendar month (whether or not a
Business Day) prior to each interest payment date with respect to the Series 1999 Bonds.
"Representation Letter" means the representation letter from the City to DTC.
"Reserve Fund" means the Reserve Fund created pursuant to Section 13 hereof.
"Reserve Fund Requirement" means $1,183,538, which is the maximum principal of and
interest on the Series 1999 Bonds in any Bond Year.
02-39207.05 5
"Revenue Fund' memos the Revenue Fund created pursuant to Section 13 hereof.
"Series 1999 Bonds" means the "City of Aspen, ColOrado, Sales Tax Revenue Bonds,
Series 1999."
"Special Record Date" means a special date fixed to determine the names and addresses
of Registered Owners for purposes of paying interest on a special interest payment date for the
payment of defaulted interest, all as further provided in Section 5 hereof.
"Underwriter" means Bigelow & Company, Denver, Colorado.
Section 2. Ratification. All action heretofore taken (not inconsistent with the provisions
of this Ordinance) by the Council and officers of the City relating to the levy and collection of
the Open Space Sales Tax, to finance the Project and to the authorization, sale and issuance of
the Series 1999 Bonds, including the Registered Coupons, is hereby ratified, approved and
confirmed.
Section 3. Authorization of Financing of the Project. The financing of the Project is
hereby authorized and the necessity thereof declared.
Section 4. Authorization and Sale of Series 1999 Bonds and the Registered
Coupons. There are hereby authorized and directed to be issued the reve~me bonds of the City to
be designated "City of Aspen, Colorado, Sales Tax Revenue Bonds, Series 1999" in the
aggregate principal amount of $13,890,000. The principal of, premium, if any, and interest
(except as herein otherwise provided) on the Series 1999 Bonds, including the Registered
Coupons, are payable from, and secured by, the Pledged Revenues. The Series 1999 Bonds,
including the Registered Coupons, as herein authorized shall be sold to the Underwriter at a price
equal to the principal amount thereof, plus accrued interest from August 1, 1999 to the date of
their delivery, less an underwriting discount of $114,680 and less as original issuing discount of
$237,917. The Preliminary Official Statement, dated June 30, 1999, relating to the Series 1999
Bonds and the Registered Coupons is hereby approved and the use thereof by the Underwriter is
hereby ratified and confirmed. The Mayor is authorized and directed to execute or deliver to the
Underwriter a final Official Statement in substantially the form of the Preliminary Official
Statement.
Section 5. Series 1999 Bond and Registered Coupon Details. The Series 1999 Bonds
shall be issuable as fully registered bonds in the denomination of $5,000 or any integral multiple
thereof. The Registered Coupons shall be issued as fully registered coupons in denominations of
$5,000 in the amount of "B" interest due on the "B" interest payment dates set forth in this
Section.
The Series 1999 Bonds shall be dated as of August I, 1999 and shall bear interest
designated "A" payable semiannually from their date or such later dates as to which interest has
been paid on each May 1 and November 1, commencing May 1, 2000. "B" interest represented
by the Registered Coupons shall accrue and be paid as provided in this Section. The Series 1999
Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter
02-39207.05 6
"R." The Registered Coupons shall be consecutively numbered, beginning with the number one,
preceded by the letters "RC."
The Series 1999 Bonds shall bear interest designated "A" at the rates (per annum), mature
in the principal amonnts and mature on November 1 of the years specified as follows:
Maturity Principal Amount "A" Interest Rate
2001 $325,000 4.25%
2002 485,000 4.40
2003 510,000 4.55
2004 530,000 4.65
2005 555 000 4.85
2006 585 000 4.80
2007 610 000 4.95
2008 640 000 5.05
2009 675 000 5.00
2010 705 000 5.00
2011 745 000 5.00
2015 3,375,000 5.25
2019 4, 150,000 5.40
In addition to the interest rates designated as "A" interest on the Series 1999 Bonds set
forth above (which do not include the "B" interest), all of the Series 1999 Bonds shall bear
supplemental interest, designated as "B" interest and evidenced by the Registered Coupons in the
amounts set forth below, which amounts have been calculated at the "B" interest rates set forth
below, using a 360-day year of twelve 30-day months, as applied to an accmal period
commencing August 4, 1999, and ending on the "B" interest payment dates for the weighted
average maturity principal amount of the Series 1999 Bonds scheduled to be outstanding during
such accrual periods:
"B" Interest "B" Interest Due on "B "B"
Payment Date Interest Payment Date Interest Rate
November 1, 2000 $295,000 1.710467240%
November 1,2001 150,000 0.481745847
The principal of, premium, if any, and interest designated on the Series 1999 Bonds shall
be payable in lawful money of the United States of America, with the principal of and premium,
if any, on the Series 1999 Bonds and the "B" interest represented by the Registered Coupons
payable at the principal corporate trust office of the Paying Agent. Payment of interest on any
Series 1999 Bond designated "A" shall be made to the Registered Owner of the Series 1999
Bond and shall be paid by check or draft of the Paying Agent mailed on the interest payment date
to the Registered Owner at his or her address as it appears on the registration books of the City or
at such other address as is furnished to the Paying Agent in writing by such Registered Owner as
02~39207.05 7
of the Regular Record Date for such Interest Payment Date; but any such interest designated "A"
not so timely paid or duly provided for shall cease to be payable to the person who is the
Registered Owner of the Series 1999 Bond at the close of business on the Regular Record Date
and shall be payable to the person who is the Registered Owner of the Series 1999 Bond at the
close of business on a Special Record Date for the payment of any such defaulted interest
designated "A". Such Special Record Date shall be fixed by the Paying Agent whenever moneys
become available for payment of the defaulted interest designated "A", and notice of the Special
Record Date shall be given to the Registered Owners of the Series 1999 Bonds not less than 10
days prior to the Special Record Date by first-class mail to each such Registered Owner as shown
on the registration books on a date selected by the Paying Agent, stating the date of the Special
Record Date and the date fixed for the payment of such defaulted interest. If any Series 1999
Bond shall remain unpaid upon presentation at maturity, interest shall continue to accrue until
paid at the rate designated "A" in said Series 1999 Bond. Payment of the "B" interest
represented by the RegiStered Coupons shall be made to the Registered Owner thereof
Section 6. Redemption.
(a) Optional Redemption. The Series 1999 Bonds maturing on or before
November 1, 2009 shall not be subject to redemption prior to their respective maturities.
The Series 1999 Bonds maturing on and after November 1, 2010 shall be subject to
redemption prior to their maturity, at the option of the City, in whole or in part, in integral
multiples of $5,000, and if less than all of the Series 1999 Bonds are to be redeemed,
from such maturity or maturities selected by the City and by lot within a maturity as the
Paying Agent shail determine (giving proportionate weight to Series 1999 Bonds in
denominations larger than $5,000), on November 1, 2009 and on any date thereafter, at a
redemption price equal to the principal amount of each Series 1999 Bond or portion
thereof so redeemed, plus accrued interest to the redemption date.
(b) Mandatory Sinking Fund Redemption. The Series 1999 Bonds maturing on
November I, 2015, are subject to mandatory sinking fund redemption at a price equal to
the principal amount thereof plus accrued interest to the redemption date. The
Series 1999 Bonds subject to mandaiory sinking fund redemption shall be selected by lot
in such manner as the Paying Agent shall determine (giving proportionate weight to the
Series 1999 Bonds in denominations larger than $5,000). The City shall redeem the
Series 1999 Bonds subject to mandatory sinking fund redemption on each November 1,
commencing on November 1, 2012, through November 1, 2014 in the following principal
anlounts:
Year Principal Amount
2012 $780,000
2013 820,000
2104 865,000
02-39207.05 8
The remaining $910,000 of the Series 1999 Bonds maturing on November 1, 2015, shall
be paid upon presentation and surrender at maturity unless redeemed pursuant to optional
redemption prior to maturing. On or before the thirtieth day prior to each such payment
date, the Paying Agent shall proceed to call the Series 1999 Bonds indicated above (or
any Series 1999 Bond or Series 1999 Bonds issued to replace such Series 1999 Bonds)
for redemption from such sinking fund on the next November 1, and give notice of such
call without further instruction or notice from the City.
The Series 1999 Bonds maturing on November 1, 2019, are subject to mandatory
sinking fund redemption at a price equal to the principal amount thereof plus accrued
interest to the redemption date. The Series 1999 Bonds subject to mandatory sinking
fund redemption shall be selected by lot in such manner as the Paying Agent shall
determine (giving proportionate weight to the Series 1999 Bonds in denominations larger
than $5,000). The City shall redeem the Series 1999 Bonds subject to mandatory sinking
fund redemption on each November 1, commencing on November I, 2016, through
November 1, 2018 in the following principal amounts:
Year Principal Amount
2016 $ 955,000
2017 1,010,000
2018 1,065,000
The remaining $1,120,000 of the Series 1999 Bonds maturing on November I,
2019, shall be paid upon presentation and surrender at maturity unless redeemed pursuant
to optional redemption prior to maturing. On or before the thirtieth day prior to each such
payment date, the Paying Agent shall proceed to call the Series 1999 Bonds indicated
above (or any Series 1999 Bond or Series 1999 Bonds issued to replace such Series 1999
Bonds) for redemption from such sinking fund on the next November 1, and give notice
of such call without further instruction or notice from the City.
At its option, to be exercised on or before the forty-fifth day next preceding each
such redemption date, the City may (a)deliver to the Paying Agent for cancellation
Series 1999 Bonds subject to such mandatory sinking fund redemption in an aggregate
principal amount desired or (b) receive a credit in respect of its sinking fund redemption
obligation for the respective Series 1999 Bonds subject to mandatory sinking fund
redemption, which prior to said date have been redeemed (otherwise than through the
operation of the sinking fund) and cancelled by the Paying Agent and not theretofore
applied as a credit against the respective sinking fund redemption obligation. Each
Series 1999 Bond so delivered or previously redeemed will be credited by the Paying
Agent at the principal amount thereof on the obligation of the City on the respective
sinking fund redemption date and the principal amount of Series 1999 Bonds to be
redeemed by operation of such sinking fund on such date will be accordingly reduced.
The City will on or before the forty-fifth day next preceding each redemption date furnish
02-39207.05 9
the Paying Agent with its certificate indicating whether or not and to what extent the
provisions of (a) and (b) of the preceding sentence are to be avalled with respect to such
sinking fund payment. Failure of the City to deliver such certificate shall not affect the
Paying Agent's duty to give notice of sinking fund redemption as provided in this
paragraph.
(c) Partial Redemption. In the case of a Series 1999 Bond of a denomination
larger than $5,000, a portion of such Series 1999 Bond ($5,000 or integral multiples
thereof) may be redeemed, in which case the Paying Agent shall, without charge to the
Registered Owner of the Series 1999 Bond, authenticate and issue a replacement Series
1999 Bond or Series 1999 Bonds for the unredeemed portion thereof.
id) Notice. The City shall give written instructions of any optional redemption
pursuant to subsection (a) of this Section to the Paying Agent at least 45 days prior to
such redemption date (provided that the Paying Agent may waive the right to receive
such instructions more than 30 days prior to such redemption date). The Paying Agent
shall give notice of mandatory redemption pursuant to subsection (b) of this Section
without any instruction or direction from the City. Notice of any redemption shall be
given by the Paying Agent in the name of the City by sending a copy of such notice by
first-class mail, postage prepaid, not more than 45 days and not less than 30 days prior to
the redemption date, to the Registered Owner of any Series 1999 Bond which is called for
prior redemption at his or her address as it last appears on the registration records kept by
the Paying Agent unless waived by such Registered Owner. Failure to give such notice
by mail to the Registered Owner of any Series 1999 Bond, or any defect therein, shall not
affect the validity of the proceedings for the redemption of any other Series 1999 Bonds.
Such notice shall identify the Series 1999 Bonds or portions thereof to be redeemed (.if
less than all are to be redeemed) and the date fixed for redemption, and shall further state
that on such redemption date the principal amount thereof will become due and payable at
the principal corporate trust office of the Paying Agent, and that from and after such date
interest will cease to accrue. Accrued interest to the redemption date will be paid by
check or draft mailed to the Registered Owner (or by alternative means if so agreed to by
the Paying Agent and the Registered Owner). Notice. having been given in the manner
hereinabove provided, the Series 1999 Bond or Series 1999 Bonds so called for
redemption shall become due and payable on the redemption date so designated; and
upon presentation thereof at the principal corporate trust office of the Paying Agent, the
City will pay the Series 1999 Bond or Series 1999 Bonds to be called for redemption. No
further interest shall accrue on the principal of any Series 1999 Bond (or portion thereof)
called for redemption from and after the redemption date, provided sufficient funds are on
deposit with the Paying Agent on the redemption date.
Section 7. Paying Agent; Transfer and Exchange. The Paying Agent is hereby
appointed as bond registrar for the City for purposes of the Series 1999 Bonds and the Registered
Coupons, and the City hereby approves the execution and delivery of a paying agency agreement
to be in form and substance satisfactory to the City Attorney of the City. The Mayor or Mayor
Pro Tem is hereby authorized and directed to execute and deliver the paying agency agreement,
02-39207.05 10
and the City Clerk or Deputy or Assistant City Clerk is hereby authorized and directed to attest
the paying agency agreement and affix the seal of the City thereto. The Paying Agent shall
maintain on behalf of the City, books for the purpose of registration and transfer of the Series
1999 Bonds and the Registered Coupons, and such books shall specify the person entitled to the
Series 1999 Bonds and the Registered Coupons and the rights evidenced thereby, and all
transfers of Series 1999 Bonds and the Registered Coupons and the rights evidenced thereby.
Series 1999 Bonds may be transferred or' exchanged without cost, except for any tax or
governmental charge required to be paid with respect to such transfer or exchange and any cost
of printing bonds in connection therewith, at the principal corporate trust office of the Paying
Agent. Series 1999 Bonds may be exchanged for a like aggregate principal amount of Series
1999 Bonds of other authorized denominations of the same maturity and interest rate. Upon
surrender for transfer of any Series 1999 Bond, duly endorsed for transfer or accompanied by an
assignment duly executed by the Registered Owner or his or her attorneys duly authorized in
writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of
the transferee or transferees a new Series 1999 Bond or Series 1999 Bonds of the same maturity
and interest rate for a like aggregate principal amount. The person in whose name any Series
1999 Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all
purposes, whether or not payment on any Series 1999 Bond shall be overdue, and neither the
City nor the Paying Agent shall be affected by any notice to the contrary.
The Registered Coupons may be transferred or exchanged at the principal office of the
Paying Agent or at such other office of the Paying Agent for Registered Coupons of other
authorized denominations of the same payment date and representing a like aggregate amount of
"B" interest due on the "B" interest payment date upon payment by the transferee of a reasonable
transfer fee established by the Paying Agent, together with any tax or governmental charge
required to be paid with respect to such transfer or exchange and any cost of printing bonds in
connection therewith. Upon surrender for transfer of any Registered Coupon, duly endorsed for
transfer or accompanied by an assignment duly executed by the Registered Owner or his or her
attorney duly authorized in writing, the City shall execute and the Paying Agent shall
authenticate and deliver in the name of the transferee a new Registered Coupon.
Section 8. Execution and Delivery of the Series 1999 Bonds. The Series 1999 Bonds
and the Registered Coupons shall be executed in the name and on behalf of the City with the
manual or facsimile signature of the Mayor or Mayor Pro Tem, shall bear a manual or facsimile
of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk
or Deputy or Assistant City Clerk. Should any officer whose manual or facsimile signature
appears on the Series 1999 Bonds or the Registered Coupons cease to be such officer before
delivery of any Series 1999 Bond or Registered Coupon, such manual or facsimile Signature shall
nevertheless be valid and sufficient for all purposes. The Mayor and the City Clerk are hereby
authorized and directed to prepare and to execute the Series 1999 Bonds and the Registered
Coupons in accordance with the requirements of this Ordinance. When the Series 1999 Bonds
and the Registered Coupons have been duly executed, the officers of the City are authorized to,
and shall, deliver the Series 1999 Bonds and the Registered Coupons to the Paying Agent for
authentication. No Series 1999 Bond or Registered Coupon shall be secured by this Ordinance
02-39207.05 11
or entitled to the benefit hereof, or shall be valid or obligatory for any purpose, unless the
certificate of authentication of the Paying Agent, in substantially the form set forth in this
Ordinance, has been duly executed by the Paying Agent. Such certificate of the Paying Agent
upon any Series 1999 Bond or Registered Coupon shall be conclusive evidence and the only
competent evidence that such Series 1999 Bond or Registered Coupon has been authenticated
and delivered hereunder. The Paying Agent's certificate of authentication shall be deemed to
have been duly executed by it if manually signed by an authorized signatory of the Paying Agent,
but it shall not be necessary that the same signatory sign the certificate of authentication on all of
the Series 1999 Bonds or the Registered Coupons issued hereunder.
Upon the authentication of the Series 1999 Bonds and the Registered Coupons, the
Paying Agent shall deliver the same to the Underwriter or its designees as directed by the City as
hereinafter provided. Prior to the authentication and delivery by the Paying Agent of the Series
1999 Bonds and the Registered Coupons there shall be filed with the Paying Agent the
following:
(a) a certified copy of this Ordinance; and
(b) a request and authorization to the Paying Agent on behalf of the City and
signed by the Mayor to authenticate and deliver the Series 1999 Bonds and the Registered
Coupons to the Underwriter or the persons designated therein upon payment to the City
of a sum specified in such request and authorization plus accrued interest thereon to the
date of delivery. The proceeds of such payment shall be paid to the City and deposited as
provided in Section 12 hereof.
In the event any Series 1999 Bond is mutilated, lost, stolen or destroyed, the City shall
execute a new Series 1999 Bond of like maturity, interest rate and denomination to that
mutilated, lost, stolen or destroyed, provided that, in the ease of any mutilated Series 1999 Bond,
such mutilated Series 1999 Bond shall first be surrendered to the City, and in the case of any lost,
stolen or destroyed Series 1999 Bond, there shall be first furnished to the City evidence of such
loss, theft or destruction satisfactory to the City, together with an indemnity satisfactory to the
City. In the event any such Series 1999 Bond shall have matured, instead of issuing a duplicate
Series 1999 Bond, the City may pay the same without surrender thereof, making such
requirements as it; deems fit for its protection, including a lost instrument bond. The City may
charge the Registered Owner of such Series 1999 Bond with its reasonable fees and expenses in
this connection.
In the event any Registered Coupon is mutilated, lost, stolen or destroyed, the City shall
execute a new Registered Coupon of the same authorized denominations of the same payment
date and representing a like aggregate amount of "B" interest due on the "B" interest payment
date to that mutilated, lost, stolen or destroyed, provided that, in the case of any mutilated
Registered Coupon, such mutilated Registered Coupon shall first be surrendered to the City, and
in the case of any lost, stolen or destroyed Registered Coupon, there shall be first furnished to the
City evidence of such loss, theft or destruction satisfactory to the City, together with an
indemnity satisfactory to the City. In the event any such Registered Coupon shall have matured,
02-39207.05 12
instead of issuing a duplicate Registered Coupon, the City may pay the same without surrender
thereof, making such requirements as it deems fit for its protection, including a lost insmunent
bond. The City may charge the Registered Owner of such Registered Coupon with its reasonable
fees and expenses in this connection.
Section 9. Special Obligations. The Series 1999 Bonds and the Registered Coupons are
special, limited revenue obligations of the City and are payable solely out of the Pledged
Revenues and other moneys pledged or available therefor under this Ordinance. Except as
expressly provided in this Ordinance, the Pledged Revenues shall be and hereby are irrevocably
assigned, pledged and set aside to pay the principal of, premium, if any, and interest on the Series
1999 Bonds, including the Registered Coupons, as more particularly set forth herein. The Series
1999 Bonds, including the Registered Coupons, constitute an irrevocable and first lien (but not
an exclusive first lien) upon the Pledged Revenues on a parity with any parity debt subsequently
issued. The Series 1999 Bonds, including the Registered Coupons, are equally and ratably
secured by a lien on the Pledged Revenues and shall not be entitled to any priority one over the
other in the application of the Pledged Revenues regardless of the time or times of the issuance
of the Series 1999 Bonds and the Registered Coupons. The Series 1999 Bonds, including the
Registered Coupons, shall not be payable from any general or other fund of the City, and the
Series 1999 Bonds, including the Registered Coupons, shall not constitute general obligations of
the City. The Series 1999 Bonds, including the Registered Coupons, shall not constitute an
indebtedness or a debt within the meaning of the Charter or any applicable constitutional or
statutory provision or limitation, nor shall they be considered or held to be general obligations of
the City. The Series 1999 Bonds, including the Registered Coupons, shall not be payable in
whole or in part from ad valorem taxes of the City, and the full faith and credit of the City is not
pledged for the payment of the Series 1999 Bonds, including the Registered Coupons.
Section 10. Series 1999 Bond and Registered Coupon Forms. The Series 1999 Bonds
shall be in substantially the form hereinafter set forth, with such variations, omissions and
insertions as are permitted or required by this Ordinance:
02-39207.05 13
(FORM OF SERIES 1999 BOND)
[FRONT OF SERIES 1999 BOND]
UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED
REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK
CORPORATION ("DTC"), TO THE CITY OR ITS AGENT FOR REGISTRATION OF
TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS
REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS
REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY
PAYMENT IS MADE TO CEDE & CO. OR TO SUCH. OTHER ENTITY AS IS
REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER,
PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF,
CEDE & CO., HAS AN INTEREST HEREIN.
EXCEPT AS OTHERWISE PROVIDED IN THE ORDINANCE, THIS GLOBAL
BOND MAY BE TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER
NOMINEE OF THE SECURITIES DEPOSITORY (AS DEFINED HEREIN) OR TO A
SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR
SECURITIES DEPOSITORY.
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF PITKIN
CITY OF ASPEN
SALES TAX REVENUE BOND
SERIES 1999
NO. R-
Interest Rate Maturity Date Original Issue Date CUSIP
% November 1,__ August 1, 1999
PRINCIPAL SUM: DOLLARS
REGISTERED OWNER:
The CITY OF ASPEN, in the County of Pitkin and State of Colorado (the "City"), for
value received, hereby promises to pay to the order of the Registered Owner named above, or
registered assigns, solely from the special funds as hereinafcer set forth, on the Maturity Date
stated above, the Principal Sum stated above, with interest thereon from the Original Issue Date
stated above or such later date as to which interest has been paid at the Interest Rate per annum
s~ated above, payable semiannually on the 1 st day of May and the 1 st day of November of each
02-39207.05 14
year, commencing May 1, 2000, the principal of and premium, if any, on this bond being payable
upon the surrender of this bond at the principal operations office of Norwest Bank Colorado,
National Association, presently located at Norwest Bank Minnesota, National Association in
Minneapolis, Minnesota, as Paying Agent, or its successor (the "Paying Agent"), and the interest
hereon to be paid to such person as is the Registered Owner hereof as of the close of business at
the principal corporate trust office of the Paying Agent on the Regular Record Date by check or
draft of the Paying Agent mailed to said Registered Owner. The Regular Record Date is the
fifteenth day of the calendar month (whether or not a business day) preceding any interest
payment date. Any such interest not so timely paid or duly provided for shall cease to be payable
to the person who is the Registered Owner here0fat the close of business on the Regular Record
Date and shall be payable to the person who is the Registered Owner hereof at the close of
business on a Special Record Date for the payment of any defaulted interest. Such Special
Record Date shall be fixed by the Registrar whenever moneys become available for payment of
the defaulted interest, and notice of the Special Record Date shall be given to the registered
owners of the Series 1999 Bonds not less than 10 days prior to the Special Record Date. All
payments of principal of, premium, if any, and interest on this bond shall be made in lawful
money of the United States of America.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET
FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE
SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
This bond shall not be entitled to any benefit under the Ordinance, or become valid or
obligatory for any purpose, until the Paying Agent shall have signed the certificate of
authentication hereon.
02-39207.05 15
IN WITNESS WHEREOF, the City of Aspen, Colorado, has caused this bond to be
signed with the manual or facsimile signature of its Mayor, sealed with the impression of its seal
or a facsimile thereof, and attested with the manual or facsimile signature of its City Clerk.
[SEAL] CITY OF ASPEN, COLORADO
By
Attest: Mayor
By
City Clerk
(FORM OF PAYING AGENT'S CERTIFICATE OF AUTHENTICATION)
Date of Authentication:
This is one of the Series 1999 Bonds described in the Ordinance described herein.
NORWEST BANK COLORADO, NATIONAL
ASSOCIATION, as Paying Agent
By (Manual Signature)
Authorized Officer
(End of Form of Paying Agent's Certificate of Authentication)
02-39207.05 16
[BACK OF SERIES 1999 BOND]
This bond is one of a duly authorized series of Series 1999 Bonds designated "City of
Aspen, Colorado, Sales Tax Revenue Bonds, Series 1999" (the "Series 1999 Bonds"), limited in
aggregate principal mount to $13,890,000, issued under and pursuant to the Constitution and
laws of the State of Colorado, and the home rule charter of the City, and pursuant to an ordinance
duly adopted by the City Council of the City prior to the issuance hereof(the "Ordinance"). The
Series 1999 Bonds are issued for the purpose of constructing and improving of City recreational
and park facilities (the "Project"), funding a reserve fund and paying costs of issuing the Series
1999 Bonds.
Simultaneously with the issuance of the Series 1999 Bonds, the City is also issuing
separate, detailed registered coupons evidencing additional interest on the Series 1999 Bonds
(the "Registered Coupons"). The interest rate stated above is the interest designated as "A" on
the Series 1999 Bonds. Registered owners of the Series 1999 Bonds will receive only the
principal of and interest designated in the Ordinance as "A" on the Series 1999 Bonds.
Registered owners of the Registered Coupons will receive only interest designated in the
Ordinance as "B" on the Series 1999 Bonds.
The Ordinance provides that upon the terms and conditions set forth therein, the City may
issue or incur obligations other than pursuant to the Ordinance which are payable or secured by
the Pledged Revenues (as defined herein) on a parity with the Series 1999 Bonds. In addition,
under certain circumstances set forth in the Ordinance, the City may also issue subordinate bonds
payable from Pledged Revenues having a lien thereon which is subordinate and junior to the lien
on the Pledged Revenues securing the Series 1999 Bonds. "Pledged Revenues" means, for each
fiscal year, all of the proceeds of the Open Space Sales Tax (as defined below) after deduction of
the reasonable and necessary costs and expenses of collecting and enforcing said Open Space
Sales Tax, if any. "Open Space Sales Tax" means the 1% sales tax established by the City,
imposed on all sales of tangible personal property at retail and the furnishing of services, all as
provided in the 1970 Sales Tax Ordinance of the City (as defined in the Ordinance).
The Series 1999 Bonds are special, limited revenue obligations of the City payable solely
out of and secUred by an irrevocable assignment and pledge (but not an exclusive assignment and
pledge) of the Pledged Revenues. The Pledged Revenues may also secure parity and subordinate
bonds hereafter issued as noted above. This bond shall not constitute an indebtedness or a debt
within the meaning of the Charter or any applicable constitutional or statutory provision or
limitation, nor shall it be considered or held to be a general' obligation of the City. This bond is
not payable in whole or in part from ad valorem taxes of the City, and the full faith and credit of
the City is not pledged to pay the principal of or interest on this bond.
Payment of the principal of, premium, if any, and interest on this bond shall be made
solely from, and as security for such payment there are irrevocably (but not necessarily
exclusively) pledged, pursuant to the Ordinance, moneys deposited and to be deposited in a
special fund of the City (the "Bond Fund") into which fund the City has covenanted under the
Ordinance to pay from the Pledged Revenues, a sum sufficient to pay when due the principal of,
02-39207.05 17
premium, if any, and interest on the Series 1999 Bonds, including the Registered Coupons. The
Series 1999 Bonds, including the Registered Coupons, are additionally secured by funds from
time to time on deposit in a special fund created under the Ordinance (the "Reserve Fund"). As
more fully set forth in the Ordinance, the amounts on deposit in the Reserve Fund are to be used
to pay the principal of, premium, if any, and interest on the Series 1999 Bonds whenever
amounts on deposit in the Bond Fund shall be insufficient for such purpose. Except as otherwise
specified in the Ordinance, this bond is entitled to the benefits of the Ordinance equally and
ratably as to principal, premium, if any, and interest with all other Series 1999 Bonds, including
the Registered Coupons, issued and to be issued under the Ordinance, to which reference is made
for a description of the rights of the registered owners of the Series 1999 Bonds, including the
Registered Coupons, and the rights and obligations of the City.
The Series 1999 Bonds are issuable solely in the form of fully registered bonds, without
coupons, in the denomination of $5,000 or any integral multiple thereof. This bond may be
transferred or exchanged at the principal corporate trust office of the Paying Agent in Denver,
Colorado, but only in the manner, subject to the limitations and upon payment of the charges
provided in the Ordinance (including any tax or govern_mental charge required to be paid with
respect thereto and any cost of printing bonds in connection therewith), and upon surrender and
cancellation of this bond. Upon surrender for any transfer, duly endorsed for transfer or
accompanied by an assignment duly executed by the Registered Owner hereof or his or her
attorneys duly authorized in writing, a new registered Series 1999 Bond or Series 1999 Bonds of
the same maturity and interest rate and of authorized denomination or denominations ($5,000 and
integral multiples thereof) for the same aggregate principal amount will be issued to the
transferee in exchange therefor. In addition, this bond may be exchanged for a like aggregate
principal amount of Series 1999 Bonds of other authorized denominations of the same maturity
and interest rate. The City and the Paying Agent may deem and treat the Registered Owner
hereof as the absolute owner hereof (whether or not payment on this bond shall be overdue) for
the purpose of receiving payment of or' on account of principal hereof, premium, if any, and
interest due hereon and for all other purposes, and neither the City nor the Paying Agent shall be
affected by any notice to the contrary.
Notwithstanding the foregoing, so long as the ownership of the Series 1999 Bonds is
maintained in book-entry form by The Depository Trust Company (the "Securities Depository")
or a nominee thereof, this bond may be transferred in whole but not in part only to the Securities
Depository or a nominee thereof or to a successor Securities Depository or its nominee.
The Series 1999 Bonds maturing on or before November 1, 2009 are not subject to
redemption prior to maturity. The Series 1999 Bonds maturing on and after November 1, 2010
are subject to prior redemption at the option 0fthe City, in whole, or in part, in integral multiples
of $5,000 from such maturity or maturities selected by the City and by lot within a maturity as
the Paying Agent shall determine (giving proportionate weight to Series 1999 Bonds in
denominations larger than $5,000), on November 1, 2009 or on any date thereafter, at a
redemption price equal to the principal amount of each bond or portion thereof so redeemed, plus
accrued interest to the redemption date.
02-39207.05 18
The Series 1999 Bonds maturing on November 1, 2015 are subject to mandatory sinking
fund redemption commencing on November 1, 2012 and each November 1 thereafter through
November 1, 2014 in the amounts and in such manner as provided in the Ordinance.
The Series 1999 Bonds maturing on November 1, 2019 are subject to mandatory sinking
fund redemption commencing on November 1, 2016 and each November 1 thereafter through
November 1, 2018 in the amounts and in such manner as provided in the Ordinance.
In the case of a Series 1999 Bond of a denomination larger than the $5,000, a portion of
such Series 1999 Bond ($5,000 or integral multiples thereof) may be redeemed, in which case the
Registrar shall, without charge to the registered owner of such Series 1999 Bond, authenticate
and issue a replacement Series 1999 Bond or Series 1999 Bonds for the unredeemed portion
thereof. Redemption shall be made upon not more than 45 and not less than 30 days prior mailed
notice to each registered owner as shown on the registration records kept by the Paying Agent in
the manner and upon the conditions provided in the Ordinance.
This bond and all other Series 1999 Bonds of the series of which it forms a part are issued
pursuant to and in full compliance with the Constitution and laws of the State of Colorado, and
the home rule charter of the City, and pursuant to the Ordinance which has been duly adopted by
.the City. THE SERIES 1999 BONDS SHALL BE SPECIAL, LIMITED REVENUE
OBLIGATIONS OF THE CITY. THE PRINCIPAL OF, PREMIUM, IF ANY, AND
INTEREST ON THE SERIES 1999 BONDS SHALL BE PAYABLE SOLELY OUT OF THE
PLEDGED REVENUES AND AS OTHERWISE PROVIDED IN THE ORDINANCE.
NEITHER THE CITY NOR THE PAYING AGENT WILL HAVE ANY
RESPONSIBILITY OR OBLIGATION TO THE SECURITIES DEPOSITORY'S
PARTICIPANTS OR INDIRECT PARTICIPANTS, OR THE PERSONS FOR WHOM THEY
ACT AS NOMINEES, WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF
NOTICE FOR THE SECURITIES DEPOSITORY'S PARTICIPANTS, THE INDIRECT
PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE SERIES 1999 BONDS.
No recourse shall be had for the payment of the principal of, premium, if any, or interest
on any of the Series 1999 Bonds or for any claim based thereon or upon any obligation, covenant
or agreement set forth in the Ordinance, against any past, present or future councilmember,
officer, employee or agent of the City, or through the City, or any successor thereof, under any
role of law or equity, statute or constitution or by the enforcement of any assessment or penalty
or otherwise, and all such liability of any such councilmember, officer, employee or agent as
such is hereby expressly waived and released as a condition of and in consideration for the
adoption of the Ordinance and the execution, issuance and delivery of any of the Series 1999
Bonds.
The Ordinance permits, with certain exceptions as therein provided, the amendment
thereof and the modification of the rights and obligations of the City and the rights of the
registered owners of the Series 1999 Bonds at any time by the City with the consent of the
registered owners of 66-2/3% in aggregate principal amount of the Series 1999 Bonds at the time
outstanding. Any such consent or waiver by the Registered Owner of this bond shall be
02-39207.0S 19
conclusive and binding upon such owner and upon all future Registered Owners of this bond and
of any Series 1999 Bond issued in replacement thereof whether or not notation of such consent or
waiver is made upon this bond.
It is hereby certified, recited and declared that all acts and conditions required to be
performed precedent to and in the adoption of the Ordinance, and the issuance of this bond, have
been performed in due time, form and manner as required by law and that the issuance of this
bond and the series of which it forms a part does not exceed or violate any constitutional,
statutory or home rule charter limitation or requirement applicable hereto.
[FORM OF ASSIGNMENT]
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Tax Identification or Social Security No.) this bond of the City of
Aspen, Colorado and does hereby irrevocably constitute and appoint ,
Attorney, to transfer this bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
NOTICE: The signature to this assignment
must correspond with the name as it appears
upon the face of the within bond in every
particular, without alteration or enlargement
or any change whatever.
[FORM OF LEGAL OPINION CERTIFICATE FOR THE SERIES 1999 BONDS]
STATE OF COLORADO )
COUNTY OF PITKIN ) ss. LEGAL OPINION CERTIFICATE
CITY OF ASPEN )
I, the undersigned City Clerk of the City of Aspen, in the State of Colorado, do hereby
certify that the following approving opinion of Kutak Rock, Denver, Colorado to wit:
(Attorneys' approving opinion to be inserted in submargins, including complimentary
closing and "/s/Kutak Rock")
is a true, perfect and complete copy of a manually executed and dated copy thereof on file in the
records of the City in my office; that a manually executed and dated copy of the opinion was
forwarded to Bigelow & Company, Denver, Colorado for retention in its records; and that the
opinion was dated and issued as of the date of the delivery of and payment for the bonds of the
series of which this bond is one.
02-39207.05 20
IN WITNESS WHEREOF, I have caused to be hereunto affixed the facsimile of my
official signature, all as of August 1, 1999.
By (Manual or Facsimile Signature)
City Clerk
[END OF FORM OF SERIES 1999 BOND]
The Registered Coupons shall be in substantially the form hereinafter set forth, with such
variations, omissions and insertions as are permitted or required by this Ordinance:
[FORM OF REGISTERED COUPON]
UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED
REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK
CORPORATION ("DTC"), TO THE CITY OR ITS AGENT FOR REGISTRATION OF
TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS
REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS
REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY
PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS
REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER,
PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF,
CEDE & CO., HAS AN INTEREST HEREIN.
EXCEPT AS OTHERWISE PROVIDED IN THE ORDINANCE, THIS GLOBAL
CERTIFICATE MAY BE TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO
ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY (AS DEFINED HEREIN) OR
TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR
SECURITIES DEPOSITORY.
UNITED STATES OF AMERICA
STATE OF COLORADO
No. RC-__ $[ ]
COUNTY OF PITKIN
CITY OF ASPEN
REGISTERED "B" INTEREST COUPON
02-39207.05
Amount Of
"B" Interest "B" Interest Due On "B"
Payment Date Interest Payment Date CUSIP
November 1, $[ ]
REGISTERED OWNER: Cede & Co.
Tax ldentification Number 13-2555119
The CITY OF ASPEN, in the County of Pitkin and Slate of Colorado (the "City"), for
value received, hereby promises to pay to the registered owner named above, or registered
assigns, on the payment date set forth above, the amount set forth above, which amount
represents a proportional interest in the total amount of supplemental interest designated "B" to
be paid on the outstanding principal amount of the City's Sales Tax Revenue Bonds, Series 1999,
dated August 1, 1999, issued in the aggregate principal amount of $13,890,000 (the "Series 1999
Bonds").
The Series 1999 Bonds and the "B" interest on the Series 1999 Bonds evidenced by this
registered coupon have been authorized by an ordinance of the City passed and adopted by the
City Council of the City prior to the issuance hereof (the "Ordinance"). The Ordinance may be
amended or supplemented from time-to-time with or without the consent of the registered owners
of the registered "B" interest' coupons (the "Registered Coupons") as provided in the Ordinance.
The Series 1999 Bonds mature, bear interest, and are subject to redemption, all as specifically set
forth in the Ordinance, and the provisions of the Ordinance are hereby incorporated herein by
reference. The "B' interest is calchlated at the rate and in the manner set forth in the Ordinance.
The amount of "B" interest payable hereunder is payable in lawful money of the United
States of America to the Registered Owner hereof upon presentation and surrender of this
registered coupon at the principal operation office of Norwest Bank Colorado, National
Association, as Paying Agent (the "Paying Agent"), presently located at Norwest Bank
Miunesota, National Association in Minneapolis, Minnesota, or at such other location as the
Paying Agent may direct. If the date for making payment or performing any action regarding
this registered coupon is on a day that is not a Business Day (as defined in Ordinance) such
payment shall be made or act performed on the next succeeding day that is a Business Day with
the same effect as if made on the day on which it was originally scheduled to be made.
The Ordinance provides that upon the terms and conditions set forth therein, the City may
issue or incur obligations other than pursuant to the Ordinance which are payable or secured by
the Pledged Revenues (as defined herein) on a parity with the Series 1999 Bonds, including the
Registered Coupons. In addition, under certain cireamstances set forth in the Ordinance, the City
may also issue subordinate bonds payable from Pledged Revenues having a lien thereon which is
subordinate and junio~ to the lien on the Pledged Revenues securing the Series 1999 Bonds,
including the Registered Coupons. "Pledged Revenues" means, for each fiscal year, all of the
proceeds of the Open Space Sales Tax (as defined below) after deduction of the reasonable and
necessary costs and expenses of collecting and enforcing said Open Space Sales Tax, if any.
02-39207.05 22
"Open Space Sales Tax" means the 1% sales tax established by the City, imposed on all sales of
tangible personal property at retail and the furnishing of services, all as provided in the 1970
Sales Tax Ordinance of the City (as defined in the Ordinance).
The Series 1999 Bonds, including the Registered Coupons, are special, limited revenue
obligations of the City payable solely out of and secured by an irrevocable assignment and
pledge (but not an exclusive assignment and pledge) of the Pledged Revenues. The Pledged
Revenues may also secure parity and subordinate bonds hereafter issued as noted above. This
registered coupon shall not constitute an indebtedness or a debt within the meaning of the
Charter or any applicable constii~utional or statutory provision or limitation, nor shall it be
considered or held to be a general obligation of the City. This registered coupon is not payable
in whole or in part from ad valorem taxes of the City, and the full faith and credit of the City is
not pledged to pay the principal of or interest on this registered coupon.
Payment of the principal of, premium, if any, and interest on this registered coupon shall
be made solely from, and as security for such payment there are irrevocably (but not necessarily
exclusively) pledged, pursuant to the Ordinance, moneys deposited and to be deposited in a
special fund of the City (the "Bond Fund") into which fund the City has covenanted under the
Ordinance to pay from the Pledged Revenues, a sum sufficient to pay when due the principal of,
premium, if any, and interest on the Series 1999 Bonds, including the Registered Coupons. The
Series 1999 Bonds, including the Registered Coupons, are additionally secured by funds from
time to time on deposit in a special fund created under the Ordinance (the "Reserve Fund"). As
more fully set forth in the Ordinance, the mounts on deposit in the Reserve Fund are to be used
to pay the principal of, premium, if any, and interest on the Series 1999 Bonds, including the
.Registered Coupons, whenever amounts on deposit in the Bond Fund shall be insufficient for
such purpose. Except as otherwise specified in the Ordinance, this bond is entitled to the benefits
of the Ordinance equally and ratably as to principal, premium, if any, and interest with all other
Series 1999 Bonds, including the Registered Coupons, issued and to be issued under the
Ordinance, to which reference is made for a description of the rights of the registered owners of
the Series 1999 Bonds, including the Registered Coupons, and the rights and obligations of the
City.
This registered coupon may be transferred, exchanged, and reissued at the principal
operations office of Paying Agent, all in accordance with the Ordinance.
This registered coupon and all other Registered Coupons are issued pursuant to and in
full compliance with the Constitution and laws of the State of Colorado, and the home rule
charter of the City, and pursuant to the Ordinance which has been duly adopted by the City.
THE REGISTERED COUPONS SHALL BE SPECIAL, LIMITED REVENUE OBLIGATIONS
OF THE CITY. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE
SERIES 1999 BONDS, INCLUDING THE REGISTERED COUPONS, SHALL BE PAYABLE
SOLELY OUT OF THE PLEDGED REVENUES AND AS OTHERWISE PROVIDED IN THE
ORDINANCE.
02-39207.05 23
NEITHER THE CITY NOR THE PAYING AGENT WILL HAVE ANY
RESPONSIBILITY OR OBLIGATION TO THE SECURITIES DEPOSITORY'S
PARTICIPANTS OR INDIRECT PARTICIPANTS, OR THE PERSONS FOR WHOM THEY
ACT AS NOMINEES, WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF
NOTICE FOR THE SECURITIES DEPOSITORY'S PARTICIPANTS, THE INDIRECT
PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE REGISTERED COUPONS.
Notwithstanding the foregoing, so long as the ownership of the Registered Coupons is
maintained in book-entry form by The Depository Trust Company (the "Securities Depository")
or a nominee thereof, this registered coupon may be transferred in whole but not in part only to
the Securities Depository or a nominee thereof or to a successor Securities Depository or its
nominee.
This registered coupon shall not be entitled to any benefit under the Ordinance, or
become valid or obligatory for any purpose, until the Paying Agent shall have signed the
certificate of authentication hereon. THE ORDINANCE CONSTITUTES THE CONTRACT
BETWEEN THE REGISTERED OWNER OF THIS REGISTERED COUPON AND THE
CITY. THIS REGISTERED COUPON IS ONLY EVIDENCE OF SUCH CONTRACT AND,
AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE,
WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS REGISTERED
COUPON.
IN WITNESS WHEREOF, the City has caused this registered coupon to be executed
with the signature of its Mayor and attested by the signature of its City Clerk, and has caused the
seal of the City to be impressed or imprinted hereon, all as of the date specified above.
[SEAL] CITY OF ASPEN, COLORADO
By
Mayor
Attest:
By
City Clerk
02-392fi)7.05 24
CERTIFICATE OF AUTHENTICATION
This is one of the Registered Coupons described in the within-mentioned Ordinance.
Dated: NORWEST BANK COLORADO, NATIONAL
ASSOCIATION
as Paying Agent
By
Authorized Signatory
02-39207.05 25
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Please print or typewrite name and address of Transferee)
(Tax Identification or Social Security No. )
the within registered coupon and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within registered
coupon on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the
face of the within registered coupon in every
'particular, without alteration or enlargement or any
change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a
national bank or trust company or by
a brokerage firm having a
membership in one of the major
stock exchanges.
TRANSFER FEE MAY BE REQUIRED
[End of Form of Registered CoupOn]
Section 11.
02-39207.05 26
Section 12. Delivery of Series 1999 ~Bonds and the Registered Coupons. When the Series
1999 Bonds and the Registered Coupons shall have been duly executed, and payment therefor
duly received, the City shall deliver them pursuant to Section 8 hereof.
Section 13. Disposition of Series 1999 Bond and Registered Coupon Proceeds. Upon
the issuance, sale and delivery of the Series 1999 Bonds, accrued interest on the Series 1999
Bonds from August 1, 1999 to the date of delivery and payment of the Series 1999 Bonds shall
be deposited into the Bond Fund. Of the remaining net proceeds of the sale of the Series 1999
Bonds and the Registered Coupons, an amount equal to $1,183,538 shall be deposited to the
Reserve Fund, an amount equal to $12,706,463 shall be used to finance the Project, and the
remaining proceeds shall be applied to payment of costs of issuance of the Series 1999 Bonds
and the Registered Coupons.
Section 14. Creation of Funds. There is hereby created by the City the following funds
and accounts:
(a) the Bond Fund, designated as the "City of Aspen, Colorado, Sales Tax
Revenue Bonds, Series 1999, Bond Fund";
(b) the Reserve Fund, designated as the "City of Aspen, Colorado, Sales Tax
Revenue Bonds, Series 1999, Reserve FUnd";
(c) the Revenue Fund, designated as the "City of Aspen, Colorado, Sales Tax
Revenue Bonds, Series 1999, Revenue Fund";
(d) the Rebate Fund, designated as the "City of Aspen, Colorado, Sales Tax
Revenue Bonds, Series 1999, Rebate Fund."
Section 15. Underwriter Not Responsibl~ The Underwriter, any associate thereof, and
any subsequent Registered Owner of any Series 1999 Bond or any Registered Coupon shall not
be responsible for the application or disposal by the City, or by any agent or employee of the
City, of the proceeds derived from the sale of the Series 1999 Bonds, the Registered Coupons or
of any other moneys herein designated.
Section 16. Application of Pledged Revenues. So long as any of the Series 1999
Bonds, including the Registered Coupons, shall remain outstanding, all Pledged Revenues, as
they are received, shall be transferred from any other funds or accounts to which they are
required to be deposited by the 1970 Sales Tax Ordinance or otherwise, and shall thereupon be
deposited into the Revenue Fund, and the Pledged Revenues are hereby appropriated for such
purpose. Moneys on deposit in the Revenue Fund shall be transferred from the Revenue Fund
and applied to the following purposes and in the following order of priority:
(a) FIRST, there shall be credited to the Bond Fund an amount necessary,
together with any moneys therein and available therefor, to pay the next due installment
of principal of, premium, if any, and interest on the Series 1999 Bonds, including the
Registered Coupons;
02-39207.05 27
(b) SECOND, there shall be credited to the Reserve Fund an amount, if any,
necessary to increase the amount on deposit in the Reserve Fund to the Reserve Fund
Requirement or to repay the prorider of a surety bond for a drawing thereon. No
payment need be made into the Reserve Fund so long as the moneys therein shall equal
not less than the Reserve Fund Requirement. The Reserve Fund Requirement shall be
accumulated and maintained in the Reserve Fund as a continuing reserve to be used,
except as hereinafter provided, only to prevent deficiencies in the payment of the
principal of, premium, if any, and interest on the Series 1999 Bonds, including the
Registered Coupons, resulting from the failure to deposit into the Bond Fund sufficient
funds to pay the same as they accrue.
No payment need be made into either the Bond Fund or Reserve Fund if the amounts in
the Bond Fund and Reserve Fund total a sum at least equal to the entire amount of the
outstanding Series 1999 Bonds, including the Registered Coupons, as to any principal, premium,
if any, and interest requirements, to their respective maturities, or to any redemption date on
which the City shall have exercised its option to redeem the Series 1999 Bonds then outstanding
and thereafter maturing, and both accrued and not accrued, in which case moneys in the two
funds in an amount at least equal to such principal, premium, if any, and interest requirements
shall be used solely to pay such as the same accrue, and any moneys in excess thereof in the two
funds may, subject to any limitations in the 1970 Sales Tax Ordinance, be used in any lawful
manner by the City.
If in any period the City shall for any reason fail to pay into the Bond Fund the full
amount stipulated above, then an amount shall be immediately paid into the Bond Fund from the
Reserve Fund equal to the difference between that paid from the Reserve Fund and the full
amount so stipulated. The money so used shall be replaced in the Reserve Fund from the first
Pledged Revenues thereafter received not required to be otherwise applied by this Section, but
excluding any payments required for any subordinate obligations. In the event other obligations
are outstanding the lien to secure the payment of which on the Pledged Revenues is on a parity
with the lien thereon of the Series 1999 Bonds, including the Registered Coupons, and the
proceedings authorizing the issuance of those obligations require the replacement of moneys in a
reserve fund therefor, then the moneys replaced in the Reserve Fund and in each such other fund
shall be replaced on a pro rata basis as moneys become available therefor. If in any period the
City shall for any reason fail to pay into the Reserve Fund the full amount above stipulated from
the Pledged Revenues, the difference between the amount paid and the amount so stipulated shall
in a like manner be therein from the first Pledged Revenues thereafter received not required to be
applied otherwise by this Section, but excluding any payments required for any subordinate
obligations. The moneys in the Bond Fund and in the Reserve Fund shall be used solely for the
purpose of paying the principal of, premium, if any, and interest on the Series 1999 Bonds,
including the Registered Coupons; provided, however, that any moneys at any time in excess of
the Reserve Fund Requirement in the Reserve Fund may be withdrawn therefrom and, subject to
any limitation in the 1970 Sales Tax Ordinance, used in any lawful manner by the City. The City
shall forward to the Paying Agent prior to each principal or interest payment on the Series 1999
Bonds, including the Registered Coupons, in immediately available funds, amounts sufficient to
02-39207.05 28
pay debt service on the Series 1999 Bonds, including the Registered Coupons, on each such
date.
The City may substitute the cash or Permitted Investments in the Reserve Fund for a
surety bond issued by an entity rated at least "A'~ by Standard & Poor's Ratings Services, so long
as the amount on deposit in the Reserve Fund after such substitution is at least equal to the
Reserve Fund Requirement. In the event the City shall substitute a surety bond for the cash or
Permitted Investments in the Reserve Fund, the amount on deposit in the Reserve Fund shall be
that amount available to be drawn or otherwise paid pursuant to such surety bond at the time of
calculation. If the Reserve Fund shall include both cash or Permitted Investments and a surety
bond, the cash and Permitted Investments shall be used before any demand is made on the surety
bond. Notwithstanding the foregoing, prior to such substitution, the City must receive an
opinion of nationally recognized municipal bond counsel to the effect that such substitution and
the intended use by the City of the cash or Permitted Investmeiits to be released from the Reserve
Fund will not adversely affect the exclusion from gross income for federal income tax purposes
of interest on the Series 1999 Bonds, including the Registered Coupons.
Concurrently with (in the case of parity lien obligations) or subsequently to (in the case of
subordinate lien obligations) the payments required by paragraphs (a) and (b) of this Section, any
remaining amounts in the Revenue Fund shall be used by the City for the payment of principal
of, premium, if any, and interest on any additional obligations hereafter authorized to be issued
and payable from the Pledged Revenues, including reasonable reserves therefor, as the same
accrue.
After making the payments required to be made by this Section, any remaining amounts
in the Revenue Fund may, subject to any limitations in the 1970 Sales Tax Ordinance, be used in
any lawful manner by the City.
Section 17. General Administration of Funds. The funds and accounts established
pursuant to this Ordinance, with the exception of the Rebate Fund, shall be administered as
follows, subject to the limitations stated in the first paragraph of Section 18 of this Ordinance:
(a) Investment of Money. Any moneys in any such fund and account may be
invested in Permitted Investments. The obligations in which moneys in each fund or
account are invested shall be deemed at all times to be part of the respective fund or
account, and any appreciation or lois resulting therefrom shall be recorded to such fund
or account. Interest accruing on the investment of any moneys in the Reserve Fund shall
be deposited as received into the Revenue Fund, and interest accruing on the investment
of any moneys in any other such ftmd or account shall be credited to the fund or account
from which it is derived. The City Finance Director shall present for redemption or sale
in the prevailing market any obligations so purchased as an investment of moneys in the
fund or account whenever it shall be necessary to do so in order to provide moneys to
meet any payment or transfer from said fund or account.
(b) Deposits of Funds. The moneys and investments comprising each of such
funds and accounts shall be deposited in one or more banks or savings and loans
02-39207.0S 29
associations, each of which is a member of the Federal Deposit Insurance Corporation.
Each payment shall be made into and credited to the proper fund or account on the date
specified, but if snch date shall be other than a Business Day, such payment shall be made
on the next preceding Business Day. Nothing herein shall prevent the establishment of
one or more such bank accounts, for all of such funds and accounts, or shall prevent the
combination of such funds and accounts with any other bank account or accounts for
other accounts of the City.
Section 18. Rebate Fund; Deposits and Disbursements. The Rebate Fund shall be
expended in accordance with the provisions hereof and the Investment Instructions. The City
shall make deposits and disbursements from the Rebate Fund in accordance with the Investment
Instructions, shall invest the Rebate Fund pursuant to said Investment Instructions and shall
deposit income from said investments immediately upon receipt thereof in the Rebate Fund, all
as set forth in the Investment Instructions. The City shall make the calculations, deposits,
disbursements and investments as may be required by the immediately preceding sentence, or, to
the extent it deems necessary in order to ensure the tax-exempt status of interest on the Series
1999 Bonds, including the Registered Coupons, shall employ at its expense a person or firm with
recognized expertise in the area of rebate calculation to make such calculations. The Investment
Instructions may be superseded or amended by new Investment Instructions drafted by, and
accompanied by an opinion of, nationally recognized bond counsel addressed to the City to the
effect that the use of said new Investment Instructions will not cause the interest on the Series
1999 Bonds, including the Registered Coupons, to become includable in gross income for
purposes of federal income taxation.
The City shall make the rebate deposit described in the Investment Instructions. Any
required deposits to the Rebate Fund shall be made first from the Pledged Revenues and then
from any other lawfully available funds of the City. Records of the determinations required by
this Section and the Investment Instructions shall be retained by the City until six years after the
final retirement of the Series 1999 Bonds.
Not later than 60 days after the end of the fifth Bond Year (i.e., the year ending
October31, 2003 and every five years thereafter), the City shall pay to the United States of
America 90% of the amount required to be on deposit in the Rebate Fund as of such payment
date. Not later than 60 days after the final retirement of the Series 1999 Bonds, the City shall
pay to the United States of America 100% of the balance remaining in the Rebate Fund. Each
payment required to be paid to the United States of America pursuant to this Section shall be
filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. Each
payment shall be accompanied by an Internal Revenue Form 8038-T, and, if necessary, a
statement summarizing the determination of the amount to be paid to the United States of
America.
Section 19. Covenants Concerning Compliance With the Cod~ The City covenants
that it shall not use or permit the use of any proceeds of the Series 1999 Bonds, the Registered
Coupons, or any other funds of the City from whatever source derived, directly or indirectly, to
acquire any securities or obligations and shall not take or permit to be taken any other action or
02-39207.0S 30
actions, which would cause any of the Series 1999 Bonds or the Registered Coupons to be an
"arbitrage bond" within the meaning of Section 148 of the Code, or would otherwise cause the
interest on the Series 1999 Bonds, including the Registered Coupons, to be includable in gross
income for federal income tax purposes. The City covenants that it shall at all times do and
perform all acts and things permitted by law and which are necessary or desirable in order to
assure that interest paid by the City on the Series 1999 Bonds, including the Registered Coupons,
shall, for purposes of federal income taxation, not be includable in gross income under the Code
or any other valid provision of law.
In particular, but without limitation, the City further rapresents, warrants and covenants to
comply with the following restrictions of the Code, unless it receives an opinion of nationally
recognized bond counsel stating that such compliance is not necessary:
(a) Gross proceeds of the Series 1999 Bonds, including the Registered Coupons,
will not be used in a manner which will cause the Series 1999 Bonds or the Registered
Coupons to be considered "private activity bonds" within the meaning of the Code.
(b) The Series 1999 Bonds, including the Registered Coupons, are not and shall
not become directly or indirectly "federally guaranteed."
(c) The City shall timely file Intemal Revenue Form 8038-G which shall contain
the information required to be filed pursuant to Section 149(e) of the Code.
(d) The City shall comply with the Investment Instructions delivered to it on the
date of issue of the Series 1999 Bonds with respect to the application and investment of
Series 1999 Bond proceeds, subject to Section 17 hereof.
Section 20. First Lien on Pledged Revenues. The Series 1999 Bonds, including the
Registered Coupons, are secured by a pledge of, and constitute an irrevocable and first lien (but
not an exclusive first lien) on, the Pledged Revenues.
Section 21. Equality of Series 1999 Bonds and the Registered Coupons. The Series
1999 Bonds, including the Registered Coupons, shall be equally and ratably secured by the
Pledged Revenues and shall not be entitled to any priority one over the other in the application of
the Pledged Revenues.
Section 22. Additional Obligations. So long as the Series 1999 Bonds may be
outstanding:
(a) Limitations Upon Issuance of Parity Obligations. Nothing in this Ordinance -
shall be construed to prevent the issuance by the City of additional obligations (including
refunding obligations) payable in whole or in part from the Pledged Revenues (or any
designated part thereof) and constituting a lien thereon on a parity with, but not prior or
superior to, the lien of the Series 1999 Bonds, including the Registered Coupons;
provided, however, that before any such additional parity obligations are authorized or
actually issued:
02-39207.05 3 1
(i) The City is then current in all payments required to have been
accumulated in the Bond Fund and Reserve Fund, and there is not otherwise an
Event of Default as defined in Section 26 hereof.
(ii) The revenues derived from the entire Pledged Revenues for the
twelve consecutive calendar months immediately preceding the month of issuance
of such additional parity obligations shall have been sufficient to pay an amount
equal to 150% of the combined maximum annual principal and interest
requirements (to and including the final maturity of the Series 1999 Bonds) on the
then-outstanding Series 1999 Bonds, including the Registered Coupons, any then-
outstanding parity lien obligations theretofore issued, and the parity lien
obligations then proposed to be issued (including any reserve requirements
therefor).
(iii) The ordinance authorizing such additional parity lien obligations
shall require that a reserve fund for such obligations be created in an amount equal
to the least of (i) 10% of the principal amount of the parity obligations proposed
to be issued, (ii) maximum annual principal and interest requirements of the parity
lien obligations proposed to be issued and (iii) 125% of the average annual debt
service on the parity lien obligations proposed to be issued. The City may,
however, comply with the reserve requirement through a surety bond or similar
instrument.
(b) Certificate .of Revenues. A written certification by a certified public
accountant who is not a regular salaried employee of the City that such Pledged Revenues
are sufficient to pay the amounts required by paragraph (a)(ii) of this Section shall be
conclusively presumed to be accurate in determining the right of the City to authorize,
issue, sell and deliver additional obligations on a parity with the Series 1999 Bonds,
including the Registered Coupons.
(c) Subordinate Obligations Permitted. Nothing in this Ordinance shall be
construed to prevent the issuance by the City of additional obligations (including
refunding obligations) payable from the Pledged Revenues (or any designated part
thereof) and having a lien thereon subordinate or junior to the lien of the Series 1999
Bonds, including the Registered Coupons.
(d) Superior Obligations Prohibited. Nothing in this Ordinance shall be
construed to permit the City to issue additional obligations (including refunding
obligations) payable from the Pledged Revenues (or any designated part thereof) having a
lien thereon prior and superior to the lien of the Series 1999 Bonds, including the
Registered Coupons.
Section 23. Refunding Obligations. The provisions of Section 21 of this Ordinance are
subject to the following exceptions: ·
02-39207.05 32
(a) Privilege of Issuing Refunding Obligations. If at any time after the Series
1999 Bonds, or any part thereof, shall have been issued and remain outstanding, the City
shall find it desirable to refund all or any part of the outstanding Series 1999 Bonds,
including the Registered Coupons, or other outstanding obligations payable in whole or
in part from the Pledged Revenues, such Series 1999 Bonds, Registered Coupons or other
obligations, or any part thereof, may be refunded (but only with the consent of the
Registered Owner or Registered Owners thereof, unless such Series 1999 Bonds,
Registered Coupons or other obligations, at the time of their required surrender for
payment, shall then mature, or shall then be subject to redemption prior to maturity).
(b) Limitations Upon Issuance of Parity Refunding Obligations. · No refunding
obligations payable from the Pledged Revenues (or any designated part thereof) shall be
issued on a parity with the Series 1999 Bonds, including the Registered Coupons, unless:
(i) the lien on such Pledged Revenues of the outstanding obligations
so refunded is on a parity with the lien thereon of the Series 1999 Bonds,
including the Registered Coupons; or
(ii) the refunding obligations are issued in compliance with
Section 21 (a) of this Ordinance.
(c) Partial Refunding of Series 1999 Bonds. Any refunding obligations so
issued to refund any of the Series 1999 Bonds shall enjoy complete equality of lien with
any Series 1999 Bonds, including the Registered Coupons, which are not refunded.
(d) Limitations Upon Refundings. Any refunding obligations payable from the
Pledged Revenues may be issued with such details as the City may by ordinance provide,
but without any impairment of any contractual obligations imposed upon the City by this
Ordinance.
Section 24. Protective Covenants. The City hereby additionally covenants and agrees
with each and every Registered Owner of the Series 1999 Bonds and the Registered Coupons
that:
(a) Use of Series 1999 Bond and Registered Coupon Proceeds. The City will
proceed to finance the Project without delay, as herein provided.
(b) Payment of Series 1999 Bonds and Registered Coupons Herein Authorized.
The City will promptly pay or cause to be paid the principal of, premium, if any, and
interest on the Series 1999 Bonds, including the Registered Coupons, at the place, on the
dates and in the manner provided in this Ordinance, in the Series 1999 Bonds and in the
Registered Coupons, according to the tree intent and meaning of this Ordinance.
(c) No Repeal or Modification of 1970 Sales Tax Ordinance. The City shall not
repeal the 1970 Sales Tax Ordinance or adopt any modification of such ordinance which
would impair the Pledged Revenues derived therefrom.
02-39207.05 33
(d) Duty to Impose Open Space Sales Tax. If the 1970 Sales Tax Ordinance or
any modifying or supplemental instrument thereto not contravening the limitations of
paragraph (c) of this Section, or any part of that ordinance, shall ever be held to be invalid
or unenforceable or shall otherwise be terminated, it shall be the duty of the City, to the
extent possible under then existing law, to adopt immediately such ordinances, to seek
such voter approval, if any, as may then be required by law, or to take any other action
necessary to produce at least the same amount of Pledged Revenues as would have
otherwise been produced under the terms of such ordinance.
(e) Impairment of Contract. The City agrees that any law, ordinance or
resolution of the City in any manner affecting the Pledged Revenues or the Series 1999
Bonds, including the Registered Coupons, shall not be repealed or otherwise directly or
indirectly modified in such a manner as to impair any Series 1999 Bonds, including the
Registered Coupons, outstanding, unless in the case of this Ordinance the required
consent of the Registered Owners of the then outstanding Series 1999 Bonds, including
the Registered Coupons, is obtained pursuant to Section 31 of this Ordinance.
(f) Records. So long as any of the Series 1999 Bonds, including the Registered
Coupons, remain outstanding, proper books of record and account will be kept by the
City, separate and apart from all other records and accounts, showing complete and
correct entries of all transactions relating to the Pledged Revenues. The Registered
Owners of any Series 1999 Bonds or Registered Coupons shall have the right at any
reasonable time to inspect such records and accounts.
(g) Audits. The City further agrees that it will, within 120 days following the
close of each fiscal year, cause an audit of such books and accounts to be made by an
independent certified public accountant, showing the revenues and expenditures of the
Pledged Revenues. The City agrees to furnish forthwith a copy of each such audit to the
Registered Owner of any of the Series 1999 Bonds or the Registered Coupons at his
request, and without request to the Underwriter. Any such Registered Owner shall have
the right to discuss with the accountant or person making the audit its contents and to ask
for such additional information as he may reasonably require.
(h) Extending Interest Payments. In order to prevent any accumulation of claims
for interest after maturity, the City will not directly or indirectly extend or assent to the
extension of time for the payment of any claim for interest on any of the Series 1999
Bonds or the Registered Coupons and it will not directly or indirectly be a party to or
approve any such arrangement; and in case the time for payment of any interest shall be
extended, such installment or installments of interest after such extension or arrangement
shall not be entitled in case of default hereunder to the benefit or security of this
Ordinance except subject to the prior payment in full of the principal of all Series 1999
Bonds issued hereunder and then outstanding, and of matured interest on such Series
1999 Bonds, including the Registered Coupons, the payment of which has not been
extended.
02-39207.05 34
(i) Performing Duties. The City will faithfully and punctually perform all duties
With respect to the Pledged Revenues required by the Charter and the Constitution and
laws of the State of Colorado, and the ordinances and resolutions of the City, including
but not limited tu, the proper segregation of the Pledged Revenues and their application to
the respective funds.
(j) Other Liens. There are presently no other liens or encumbrances of any
nature whatsoever on or against the Pledged Revenues.
(k) City's Existence. The City will maintain its corporate identity and existence
so long as any of the Series 1999 Bonds, including the Registered Coupons, remain
outstanding, unless another body corporate and politic by operation of law succeeds to the
duties, privileges, powers, liabilities, disabilities, immunities and rights of the City and is
obligated by law to receive and distribute the Pledged Revenues in place of the City,
without affecting to any substantial degree the privileges and rights of any Registered
Owner of any outstanding Series 1999 Bonds or Registered Coupons.
Section 25. Defeasanee. When all Series 1999 Bonds and interest thereon, including the
Registered Coupons, have been duly paid, the pledge and lien and all obligations hereunder shall
thereby be discharged as to such Series 1999 Bonds and Registered Coupons, and such Series
1999 Bonds and Registered Coupons shall no longer be deemed to be outstanding within the
meaning of this Ordinance. Them shall be deemed to be such due payment when the City has
placed in escrow and in trust with a commercial bank located within or without the State of
Colorado and exercising trust powers, an amount sufficient (including the known minimum yield
from Federal Securities in which such amount may be initially invested) to make all payments of
principal of, premium, if any, and interest on such Series 1999 Bonds, including the Registered
Coupons, as the same become due at their final maturities or upon redemption prior to maturity.
The Federal Securities shall become due prior to the respective times on Which the proceeds
thereof shall be needed, in accordance with a schedule established and agreed upon between the
City and the bank at the time of the creation of the escrow, or the Federal Securities shall be
subject to the redemption at the option of the holders thereof to assure such availability as so
needed to meet such schedule. "Federal Securities" within the meaning of this Section shall
include only direct obligations of, or obligations the principal of and interest on which are
unconditionally guaranteed by, the United States of America and which are not callable before
maturity by the issuer of such obligations.
Section 26. Delegated Powers. The officers of the City hereby are authorized and
directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance,
including without limitation the printing of the Series 1999 Bonds and the Registered Coupons
and the execution of such certificates as may be required by the Underwriter.
Section 27. Events of Default If any of the following events occurs, it is hereby
declared to constitute an Event of Default:
02-39207.05 35
(a) default in the due and punctual payment of the principal of, premium, if any,
or interest on any Series 1999 Bond, including the Registered Coupons, or any parity debt
whether at maturity thereof, or upon proceedings for redemption thereof; or
(b) the City is for any reason rendered incapable of fulfilling its obligations
hereunder; or
(c) default in the due and punctual performance of the City's covenants or
conditions, agreements and provisions as set forth in the Series 1999 Bonds, in the
Registered Coupons or in this Ordinance, other than those delineated in paragraphs (a)
and (b) of this Section, and such default has continued for 60 days after written notice
specifying the default and requiring the same to be remedied has been given to the City
by the Registered Owners of 25% in principal amount of the Series 1999 Bonds then
outstanding; or
(d) the City shall file a petition for bankruptcy or shall be declared insolvent by a
court of competent jurisdiction.
Section 28. Remedies for Events of Default. Upon the happening and continuance of
any of the Events of Default as provided in Section 26 of this Ordinance, then and in every case,
the Registered Owner or Registered Owners of not less than 25% in principal amount of the
Series 1999 Bonds then outstanding, including but not limited to, a trustee or trustees therefor,
may proceed against the City and its agents, officers and employees, to protect and enforce the
rights of any Registered Owner of Series 1999 Bonds or the Registered Coupons under this
Ordinance by mandamus or other suit, action or special proceedings in equity or at law, in any
court of competent jurisdiction, either for the specific performance of any covenant or agreement
contained herein or in an award of execution of any power herein granted for the enforcement of
any proper legal or equitable remedy as such Registered Owner or Registered Owners may deem
most effectual to protect and enforce the rights aforesaid, or thereby to enjoin any act or thing
which may be unlawful or in violation of any right of any Registered Owner, or to require the
governing body to act as if it were the trustee of an express trust, or any combination of such
remedies. All such proceedings at law or in equity shall be instituted, had and maintained for the
equal benefit of all Registered Owners of the Series 1999 Bonds and the Registered Coupons
then outstanding. The failure of any such Registered Owner so to proceed shall not relieve the
City or any of its officers, agents or employees of any liability for failure to perform any duty.
Each right or privilege of any such Registered Owner (or trustee thereof) is in addition and
cumulative to any other right or privilege, and the exercise of any right or privilege by or on
behalf of any Registered Owner shall not be deemed a waiver of any other right or privilege
thereof.
Section 29. Duties Upon Default. Upon the happening of any of the Events of Default
as provided in Section 26 of this Ordinance, the City will do and perform all proper acts on
behalf of and for the Registered Owners of the Series 1999 Bonds to protect and preserve the
security created for the payment of their Series 1999 Bonds or Registered Coupons and to insure
the payment of the principal of, premium, if any, and interest on the Series 1999 Bonds,
02~39207.05 36
including the Registered Coupons, promptly as the same become due. All proceeds derived from
the Pledged Revenues, during such period of default and so long as any of the Series 1999
Bonds, as to any principal, premium, if any, and interest, including the Registered Coupons, are
outstanding and unpaid, shall be paid into the Bond Fund, and ratably and equally into similar
funds for parity obligations, if any, heretofore or hereafter issued pursuant to the terms hereof,
and used for the purposes therein provided. In the event the City fails or refuses to proceed as
provided in this Section, the Registered Owner or Registered Owners of not less than 25% in
principal amount of the Series 1999 Bonds then outstanding, after demand in writing, may
proceed to protect and enforce the rights of the Registered Owners as herein provided.
Section 30. Severability Clause. If any section, paragraph, clause or provision of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforeeability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance.
Section 31. Repealer Clause. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revive any bylaw, order, resolution or ordinance, or part
thereof, heretofore repealed.
Section 32. Amendment This Ordinance may be amended or supplememed by
ordinance adopted by the Council in accordance with law, without receipt by the City of
additional considerations and without the consent of the Registered Owners, to make any
amendment or supplement to this Ordinance which, in the opinion of nationally reeogulzed bond
counsel, is not to the material prejudice of the Registered Owners. This Ordinance may be
amended or supplemented by ordinance adopted by the Council in accordance with law, without
receipt by the City of any additional consideration, but with the written consent of the Registered
Owners of 66-2/3% of the Series 1999 Bonds outstanding at the time of the adoption of the
amendatory ordinance, excluding any Series 1999 Bonds held for the account of the City;
provided, however, that no such ordinance, without the consent of the Registered Owners of all
outstanding Series 1999 Bonds and Registered Coupons which will be adversely affected, shall
have the effect of permitting:
(a) an extension of the maturity of any Series 1999 Bond or Registered Coupon
authorized by this Ordinance; or
(b) a reduction in the principal amount of any Series 1999 Bond, the rate of
interest thereon, or the premium payable thereon; or
(c) the creation of a lien upon or pledge of Pledged ReVenues ranking prior to the
lien or pledge of Pledged Revenues created by this Ordinance; or
(d) a reduction of the principal amount of Series 1999 Bonds required for consent
to such amendatory or supplemental ordinance; or
02-39207.05 37
(e) the establishment of priorities as between Series 1999 Bonds or Registered
Coupons issued and outstanding under the provisions of this Ordinance; or
(f) the modification of or otherwise affecting the rights of the Registered Owners
of less than all of the Series 1999 Bonds or Registered Coupons then outstanding.
Section 33. Reeordation. A true copy of this Ordinance, as adopted by the governing
body of the City, shall be numbered and recorded, and its adoption and publication shall be
authenticated by the signatures of the Mayor and the City Clerk and by a certification of
publication.
Section 34. :Further Action. The ~fficers of the City are authorized and directed to take
all action necessary or appropriate to effectuate the provisions of this Ordinance, including,
without limiting the generality of the foregoing, the printing of the Series 1999 Bonds and the
Registered Coupons, the execution and delivery of an escrow agreement providing for the
defeasance of the City's Sales Tax Refunding Revenue Bonds, Series 1995 and the execution of
such certificates as may be required by the Underwriter relating to, but not limited to, the signing
of the Series 1999 Bonds and the Registered Coupons, the use of the proceeds thereof, the tenure
and identity of the municipal officials, the receipt of the Series 1999 Bonds' and the Registered
Coupons' purchase prices, and the absence of litigation, pending or threatened, if in accordance
with the facts, affecting the validity thereof.
Section 35. Captions. The captions or headings in this Ordinance are for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Ordinance.
Section 36. Applicable Provisions of Law. This Ordinance shall be governed by and
construed in accordance with the laws of the State of Colorado.
Section 37. Public Hearing. A public hearing on this Ordinance shall be held on the
261h day of July 1999 at 5:00 p.m. in the Council Chambers, Aspen City Hall, 130 South Galena
Street, Aspen, Colorado.
Section 38. Emergency and :Effective Date. Due to fluctuations in municipal bond
prices and interest rates and due to currently favorable interest rates and due to the need to
preserve public property, health, peace and safety, it is hereby declared that, in the opinion of the
Council, an emergency exists, and therefore this Ordinance shall be in full force and effect upon
its passage.
Section 39. Book-Entry System; Limited Obligation of Authority.
(a) Notwithstanding any other provision hereof, the Series 1999 Bonds and the
Registered Coupons shall be initially issued in the form of a separate single certificated
fully registered bond for each of the maturities set forth in Section 5 hereof. Upon initial
issuance, the ownership of each Series 1999 Bond and the Registered Coupons shall be
registered in the registration records kept by the Paying Agent in the name of Cede, as
02-39207.05 38
nominee of DTC. Except as provided in this Section, all of the outstanding Series 1999.
Bonds and Registered Coupons shall be registered in the registration records kept by the
Paying Agent in the name of Cede, as nominee of DTC.
(b) With respect to Series 1999 Bonds and Registered Coupons registered in the
registration records kept by the Paying Agent in the name of Cede, as nominee of DTC,
the City and the Paying Agent shall have no responsibility or obligation to any Participant
or to any person on behalf of which a Participant holds an interest in the Series 1999
Bonds and Registered Coupons. Without limiting the immediately preceding sentence,
the City and the Paying Agent shall have no responsibility or obligation with respect to
(i) the accuracy of the records of DTC, Cede or any Participant with respect to any
ownership interest in the Series 1999 Bonds and Registered Coupons, (ii) the delivery to
any Participant or any other person, other than a Registered Owner, as shown in the
registration records kept by the Paying Agent, or any notice with respect to the Series
1999 Bonds or the Registered Coupons, including any notice of redemption or (iii)the
payment to any Participant or any other person, other than a Registered Owner, as shown
in the registration records kept by the Paying Agent, of any amount with respect to
principal of, premium, if any, or interest on the Series 1999 Bonds, including the
Registered Coupons. The City and the Paying Agent may treat and consider the person in
whose name each Series 1999 Bond or Registered Coupon is registered in the registration
records kept by the Paying Agent as the absolute owner of such Series 1999 Bond or the
Registered Coupon for the purpose of payment of principal, premium and interest with
respect to such Series 1999 Bond or such Registered Coupon, for the purpose of giving
notices of redemption and other matters with respect to such Series 1999 Bond or
Registered Coupon, for the purpose of registering transfers with respect to such Series
1999 Bond or Registered Coupon, and for all other purposes whatsoever. The Paying
Agent shall pay all principal of, premium, if any, the interest on the Series 1999 Bonds
and the Registered Coupons only to or upon the order of the respective Registered
Owners, as shown in the registration records kept by the Paying Agent, or their respective
attorneys duly authorized in writing, as provided in Section 5 hereof, and all such
payments shall be valid and effective to fully satisfy and discharge the obligations with
respect to payment of principal of, premium, if any, and interest on the Series 1999
Bonds and the Registered Coupons to the extent of the sum or sums so paid. No person
other than a Registered Owner, as shown in the registration records kept by the Paying
Agent, shall receive a certificated Series 1999 Bond or a certificated Registered Coupon
evidencing the obligation to make payments of principal, premium, if any, and interest
pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent of written notice
to the effect that DTC has determined to substitute a new nominee in place of Cede, and
subject to the provisions herein with respect to Record Dates, the word "Cede" in this
Ordinance shall refer to such new nominee of DTC.
(c) The Representation Letter, with such changes, omissions, insertions and
revisions as the City shall approve, is hereby authorized and the Mayor or the Mayor
Pro Tem shall execute and deliver such Representation Letter. The approval by the City
of any such changes, omissions, insertions and revisions shall be conclusively established
02-39207.0S 39
by the Mayor's or Mayor Pro Tem's execution and delivery of the Representation Letter
which shall not in any way limit the provisions of this Section or in any other way impose
upon the City any obligation whatsoever with respect to persons having interests in the
Series 1999 Bonds or the Registered Coupons other than the Registered Owners, as
shown on the registration records kept by the Paying Agent. The Paying Agent shall take
all action necessary for all representations of the City in the Representation Letter with
respect to the paying agents and the bond registrar, respectively, to at all times to be
complied with.
(d) DTC may determine to discontinue providing its services with respect to
the Series 1999 Bonds at any time by giving notice to the City and the Paying
Agent and discharging its responsibilities with respect thereto under applicable
law.
(i) The City, in its sole discretion and without the consent of any other
person, may terminate the services of DTC with respect to the Series 1999 Bonds
or the Registered Coupons if the City determines that:
(A)DTC is unable to discharge its responsibilities with respect to
the Series 1999 Bonds or the Registered Coupons; or
(B) a continuation of the requirement that all of the outstanding
Series 1999 Bonds and the Registered Coupons be registered in the
registration records kept by the Paying Agent in the name of Cede or any
other nominee of DTC, is not in the best interest of the beneficial owners
of the Series 1999 Bonds and the Registered Coupons.
(ii) Upon the termination of the services of DTC with respect to the
Series 1999 Bonds and the Registered Coupons pursuant to
Subsection 38(d)(ii)(B) hereof, or upon the discontinuance or termination of the
services of DTC with respect to the Series 1999 Bonds and the Registered
Coupons pursuant to subsection38(d)(i) hereof after which no substitute
securities depository willing to undertake the functions of DTC hereunder can be
found which, in the opinion of the Paying Agent, is willing and able to undertake
such functions upon reasonable and customary terms, the Paying Agent is
obligated to deliver Series 1999 Bond and Registered Coupon certificates at the
expense of the beneficial owners of the Series 1999 Bonds and the Registered
CoupOns, as described in this Ordinance, and the Series 1999 Bonds and the
Registered Coupons shall no longer be restricted to being registered in the
registration records kept by the Paying Agent in the name of Cede as nominee of
DTC, but may be registered in whatever name or names Registered Owners
transferring or exchanging Series 1999 Bonds or Registered Coupons shall
designate, in accordance with the provisions of this Ordinance.
(e) Notwithstanding any other provision of this Ordinance to the contrary, so long
as any Series 1999 Bond or Registered Coupons is registered in the name of Cede, as
02-39207.05 40
nominee of DTC, all payments with respect to principal of, premium, if any, and interest
on such Series 1999 Bond, including the Registered Coupons, and all notices with respect
to such Series 1999 Bond and Registered Coupons shall be made and given, respectively,
in the manner provided in the Representation Letter.
02-39207.05 4 1
INTRODUCED, READ AS AN EMERGENCY MEASURE AND ORDERED
PUBLISHED at its regular meeting on July 12, 1999, as provided by law by the Council.
[SEAL] By
Mayor
Attest:
By
City Clerk
FINALLY ADOPTED AND APPROVED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED at its regular meeting on July 26, 1999 by the Council.
[SEAL] By
Mayor
Attest:
By
City Clerk
02-~9207.05 42
MEMORANDUM
TO.' MAYOR & CITY COUNCIL
THRU.' AMY MARGERUM, CITY MANAGER
FROg' TIM ANDERSON, RECREATION DIRECTOR
ED SADLER, ASSET MANAGER
DATE.' JULY 15, 1999
RE: YELLOW BRICK IMPR 0 VEMENTS
Summary:
Staff is seeking $149,500 for improvements to the Yellow Brick School. This funding
would be in the form of a loan from the Housing/Day Care Fund to be paid back by rents
collected from the Yellow Brick. Staffestimatesthatthe$149,500couldbepaidback
over a 3 to 5 year period. The funds would be used for the completion of the east and
west entry remodel at the school, basement mechanical upgrades, boiler system
improvements, and the basement remodel for tenant occupancy. Please refer to the Pro
Forma's attached for the operational budget of the building. Scenario #1 indicates a
revenue stream of $130,512 annually and expenditures of $103,700. This is a net of
$26,812 over expenditures. The net of $26,812 does not include $30,000 that has been
projected for deferred maintenance as well. In Scenario #2 staff has taken into
consideration (if cotmcil chooses) the payment ofntilities by the tenants. This would
have the Yellow Brick operating under the same standards as the Red Brick. This
scenario shows revenues in the amount of $153,412 and expenditures of $103,700 for net
revenues over expenditures in the amount of $49,712. Again this does not take into
consideration the $30,000 placed aside for deferred maintenance. Each of these scenarios
were developed upon numbers obtained after the first year's operation of the building.
Previous Council Action:
In 1998 shortly after purchasing the Yellow Brick School, City Council appropriated
$218,000 for improvements to the facility. These funds were to be used for
improvements such as carpet, lighting, painting, ceiling and minor common area
improvements to the building. The funding for these improvements came from the Day
Care fund due to the fact that the improvements served child care agencies. Funding also
included new windows in the building and work to the east and west main entry areas.
This work in ongoing with the windows and entries remaining for completion.
Background.'
Previous to the closing of purchase on the Yellow Brick School, staff had set up a
citizen's committee to begin looking at how the facility should be used and what work
was necessary. The citizen's committee was comprised ofrepresehtatives from each of
the child care providers, current non profit tenants, Aspen Interactive, representatives
from the Arts Council, the Red Brick Committee, and prominent citizens interested in
seeing this facility utilized by the community. This committee set out to make
recommendations to City Council as to how we should move forward with the use of this
asset. The committee recommended that the facility be used for, "child care and
educational related purposes as a primary function." In addition the committee felt that
local not for profit tenants should be given priority when space becomes available. The
group also made recommendations to Council on what improvements should be initially
funded once the building had been purchased.
This committee continued to function as an interviewing body in the selection of a
property management company Ibr the buildings operations. This committee also made
recommendations as to the remodel of the basement and how the space should be divided.
These funding of additional improvements you are receiving at this time are based upon
that committee's recommendation. (see attached conceptual drawings "A" 1 - 5)
Funding appropriated in 1998 for improvements to the common areas will fall short by
approximately $50,000. This was due in part to the use of non toxic materials requested
by parents, the hours contractors needed to work by request of the parents. and due to
hidden structural problems encountered in the upgrades. There is currently $90,000
remaining from the original $218,000 appropriated by Council in 1998. Staff
appropriated an additional $I00,000 in the 1999 AMP for basement improvements.
After working with mechanical engineers we have found that an additional expenditure of
$36,000 to the boiler system could result in an approximate saving of $6,000 annually in
the utilities. Also we must address the Radon levels in the basement of the Yellow Brick
at an approximate cost of $60,000 which is higher than anticipated. Fortunately the
additional rents collected could repay the costs for the improvements to the basement
area.
Discussion:
The improvements being recommended for the Yellow Brick are as follows:
l. Window Replacement - Council will be receiving a contract for the window
replacement in the an~ount of just over $100,000. This improvement was part of the
original improvements funded in 1998. The new windows should add to the energy
efficiency of the building.
2. east/west entry remodel - this work will involve the replacement of the metal doors
with glass doors in order to provide additional light into the building. The entry
remodel also includes improved awnings over the entries to protect people waiting in
the weather. (see attachments "B" I - 4 for concepts)
3. PVstructural system - the Photo Voltaic energy system being constructed on the
building by C.O.R.E. will require structural support over the exterior basement well
entry. This would not be required if the PV system were to be mounted on the roof.
Due to sight concerns by the surrounding residents the structure will be mounted over
the basement entry well as an awning, serving two purposes. (see attachment "C' i -
3)
4. Basement Mechanical - Radon mitigation is of major concern in the basement areas.
Please refer to the attact3xnent "D' 1 - 13 for information regarding the
recommendations on air circulation in the basement area. This has been explored and
recotmnended by mechanical engineers for the safety of basement tenants.
5. Boiler System Improvements - The current bolller system is old and outdated. The
mechanical engineering firm that C.O.R.E. had take a look at the system feels that the
funding requested could be recouped in 5 to 6 years through energy savings. This
seems to be a reasonable expenditure for the return in energy savings.
6. Basement Remodel - These are the improvements that have been recommended by the
architect and the Yellow Brick Citizens committee. This allows for flexibility in the
space for all types oft&nants. It takes into concerns the mechanical needs and lighting
improvements. Electrical, plumbing, al~d window improvements would be included
in these improvements.
7. Painting of the building exterior - This recommendation came from former mayor,
John Bem~ett. With all the improvements taldng place to the interior of the building,
and a new park that shall be added thanks to the Parks Bond, it was felt that the
exterior of the building needed some help as well.
Staff would like to reiterate that these improvements may all be realized through the
additional rents and utility paynrents upon completion of the improve~r~ents. There would
be no cost to the city as the building is operating off its own fund through rents and the
services of professional property management..
Financial Implications:
The improvements that staff and the Yellow Brick committee are recommending include
the following:
· window replacement $100,000
· east/west entry remodel $ 40,000
· PVstructuralsystem $ 7,500
· Basement Mechanical $ 60,000
· Boiler System Improvements $ 36, 000
· Basement Remodel $ 75,000
· painting of the building exterior $ 21,000
TOTAL EXPENDITURES: $339,500
Total funding available for these improvements is:
· remaining 1998 appropriated Day Care funds $ 90,000
· 1999AMP funds $100,000
ADDITIONAL FUNDING NEEDS $149,500
In each scenario attached to this memo, consideration has been given to the annual
operations of the facility. In each scenario consideration has been given to deferred
maintenance in the amount of $30,000 annually. Scenario #1 allows for payment on a
loan in the amount of $26,812 annually. It would take the Yellow Brick fund over five
(5) years to pay back these types of improvements if scenario #1 were used, Scenario #2
allows for payments of $49,712 annually. It would take the Yellow Brick fund close to
three (3) years to pay back the improvements at the rate identified in scenario #2. Either
scenario could be used or a combination to assure an allowance for emergencies in the
future.
Recommendation:
Staff is recommending that Council fund (loan) $149,500 from the General Fund
contingency for the purpose of a short term lom~ to the Yellow Brick Fund. These
improvements would be paid back over a period of 3 to 5 years depending upon
Council' s recommendation. Staff is also recommending the payment of utilities by all
tenants in the Yellow Brick upon completion of these improvements. The payment of
utilities would concur with the rental agreements at the Red Brick and the utilities that
other child care and non profits must pay in town.
4
A Item atives:
Council could choose to eliminate any of the improvements listed. These improvements
could be fm~ded as the Yellow Brick Fund builds and provides improvements on apay as
you go system.
Manager's Comments:
5
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Tim Anderson
City of Aspen Recreation Department
Aspen, CO 81612
Subject: Mechanical Engineering Estimates- Yellow Brick
Attached are the revised proposals coveting engineering work for the Yellow Brick from
John McAllister of Performance Technologies.
Proposal 1 - Lower Level Heating, Ventilation and Evaporative Cooler Design .
As we discussed the rough capital estimate for this work is $40-60,000. The Engineering
work for the system design is $6,000 with the radon mitigation engineering at $2000.
He will prepare specifications and drawings for bids under this proposal.
Proposal 2 - New High Efficiency Boiler Design and Energy Efficiency, Comfort and Indoor
Air Quality Design Survey for the Building.
Capital Estimate for a new boiler system is approximately $30-$36,000. Engineering for this
design is $3600. Savings from this new boiler system would be significant--- in the range of
$6000/year less than our present $13,000/year gas bill:
Included in this proposal is a survey to determine how the air make-up system on the first
floor is working and to prepare a design to improve both the efficiency and operation of the
air make-up system. The existing system is presently deficient in handling in door-air quality.
There are additional details in the proposal. This engineering work would be done for $2500.
An additional item of the proposal covers construction observation to ensure that all systems
are installed as per design at $1800.
Discussion:
I understand the financing for Proposal 1 is included in capital improvement plan for the
basement. Randy and I would like to discuss possible financing for the work covered under
Proposal 2 at your convenience.
PERFORMANCE TECHNOLOGIES, INC. City of Aspen
LOWER LEVEL FIEATING, VENTILATION, AND EVAPORATIVE COOLING
SYSTEM DESIGN
CITY OF ASPEN YELLOW BRICK BUILDING
Performance Technologies, Inc. (PTI) proposes to design a HVAC system and associated
ductwork including drawings and specifications for the Lower Level remodel in the City of Aspen
Yellow Brick Building located in Aspen, Colorado. The work shall include the items detailed
below.
The design approach involves removal of the existing ceiling mounted unit ventilators and
installing an air handling unit (AHU) in the old kitchen area. The AHU will include a variable
speed fan and heating coil to provide comfort and energy efficiency. An evaporative cooling
system will provide ceoling in the summer; it will include an automatic fill and drain system and
freeze protection. Duets will distribute the cenditioned air to the five zones in the lower level and
the temperature will be cuntrolled through variable air volume (vav) boxes. The temperature
control system will reset the supply air temperature based on the zone with the greatest demand.
The existing baseboard heaters will provide heat during occupied hours end during unoccupied
hours when the fan is not needed.
This system will provide the required fresh outside air for ventilation and for indoor air quality
centrol including radon mitigation. A dueted return air system will pull air back from the spaces
and filter it to part of it to be returned to the zones and exhaust the balance. Ifneeessaxy, the air
exhausted via the AHU can be directed across a heat recovery coil to preheat the required fresh
make-up air through a run around loop heat recovery system. If it is necessary to include a
continuous duty radon mitigation exhaust system, this can also be made energy efficient through a
heat recovery system.
Performance Technologies, Inc. will provide the following materials and services:
Scope of Work:
A) Size and locate the air handling system, heating ventilation, and cooling loads, variable air
volume boxes and sizes, heating coils, evaporative cooler, control system;
B) Size and route the ductwork to the spaces, specify centrols and sequences of operation;
C) Add necessary exhaust systems and/or heat recovery systems to ensure efficient indoor air
quality control;
D) Include energy efficiency and recovery features in the design to keep operation and
maintenance costs to a reasonable level;
E) Survey and measure the radon situation and develop a mitigation plan;
YELLOW BRICK HVAC MOD CONTRACT PAGE 1 FEBRUARY 1999
PERFOgCE TBCHNOLOGgS, INC. City of Aapen
F) Provide specifications and drawings for bidding the work and bid documents with suggested
bid evaluation forms.
The Padon mitigation measures will reduce the health risks to the children in the day care and
school and the occupants of the lower level as well as the HVAC loads and operating costs.
l~ee Schedule: Fixed Fee for the Lower Level HVAC design is $6,000.00.
Fixed Fee for the Lower Level Radon mitigation design work is $2,000.00.
These include expenses.
Schedule: The work can begin within two weeks of a signed agreement and can be completed
within three to five weeks of 'receipt of a signed agreement. April 12, 1999 is the target date to
have the first draft plans and specifications draft to the City for review and approval.
Asbestos: The scope of work does not include an asbestos survey or the development of an
asbestos abatement plan.
Limitation of Liability: City of Aspen and Performance Technologies, Inc. have discussed the
risks, rewards, and benefits of the project and design professional's total fee for services. The
risks have been allocated such that the City of Aspen agrees that, to the fullest extent permitted by
the law, design professional' s total liability to the City of Aspen for any and all injuries, claims,
losses, expenses, damages or claims expenses arising out of this agreement t~om any cause or
eausesshallnotexceedthetotalamountof$300,000.00. Sueh eauses include but are not limited
to design professional's negligence, errors, omissions, strict liability, breach of contract, and
breach of warranty.
Notices: Notices and information will be addressed/mailed to:
Performance Technologies, Inc. City of Aspen Recreation Department
7825 Swaps, Suite 100 130 S. Galena
Evergreen, CO 80439 Aspen, CO 81611
Phone 303-674-3853 Phone 970-920-5140
Fax 303-674-3305 Fax 970-92
Attn: John McAllister Attn: Tim Anderson
Payment Schedule: Invoices shall be submitted monthly, on or about the 20th day of the month
based upon work completed less 10% retainage. Payment of the full amount of the invoice shall
be due within thirty days of submission. Penalties for late payment may be assessed at the rate of
one and one-half percent per month of the unpaid balance.
YELLO}VBRICKI-IVACMOD CONTRACT PAGE 2 FEBRUARY 1999
PERFORMANCE 7'ECHNOLOGI~S, INC. City of A~pen
The parties hereby agree to the terms and conditions and execute this agreement as signed below:
Authorized Signature ~h~o~ed Si~namr~' '
Title Title
Date Date
YELIDr~BRICK HVAC MOD CONTRACT PAGE 3 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City of A~pe~
NEW HIGH EFFICIENCY BOILER SYSTEM DESIGN,
ENERGY EFFICIENCY COMFORT AND IAQ DESIGN SURVEY
CITY OF ASPEN YELLOW BRICK BUILDING
Performance Technologies, Inc. (PTI) proposes to design a new high efficiency boiler system,
survey the facility for comfort and energy efficiency and indoor air quality improvements. The
survey portion will include analysis, costs, preliminary design and cost-benefit evaluation in the
City of Aspen Yellow Brick Building located in Aspen, Colorado. The work shall include the
items detailed below.
The design approach involves installing a high efficiency boiler system and controls including near
boiler piping redesign and pumping modifications. The existing boiler system shall be abandoned
in place due to asbestos problems and the available space to install new boilers. The combustion
air system shall be redesigned based on the needs of the new modular boiler system.
The new boiler system and ventilation improvements will save a significant amount on the
operating costs of this facility. The annual savings will be around $6,000+ per year in gas costs
alone (based on a reported annual gas bill of $13,000. The new boiler system can pay for itself in
2.5-4 years in operation, repair and maintenance savings. Cost opinion for a new boiler system
pumps and controls is $30,000-$36,000.
The building and especially the classrooms appear to be operating in a less than efficient manner.
Proper fresh outside air is required in the amount of 15 cubic feet per minute (cfm) per person in a
classroom (20 elm/person in an office). This should be brought into the room through the unit
ventilators and mixed with room air for space heating. The extmust fans in the hallway are
ejecting a substantial amount of heated air to the outside. These fans are generally sized and
intended for summer operation when cooling is needed. For winter operation they are probably
moving too much air. These may be operating due to radon concems. If this is the case, a heat
recovery system will both improve comfort and save significant amount of money ~on the heating
bills. These units as well as the gym units will be analyzed in the survey.
Performance Technologies, Inc. will provide the following materials and services:
Scope of Work:
A) Size and locate the high efficiency modular boiler system, building loads and pumps flows can
are lower due to the new windows that are being installed this summer;
B) Size and route the combustion air ductwork, design motorized dampers interlocked with the
boiler gas valves, revise the flue and vent system, specify controls and sequences of operation;
C) Add necessary exhaust systems and/or heat recovery systems to ensure efficient indoor air
quality control;
YELLOW BRICK NEW BO1LERS/IAQ CONTRACT PAGE 1 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City of Aspen
D) Survey the overall building for needed/recommended HVAC and energy efficiency upgrades,
provide cost benefit analysis of recommended items;
E) Investigate the unit ventilators and the gym units for operation efficiency and
repair/maintenance needs, focus on the pneumatic control system for modernization;
F) Provide specifications and drawings for bidding the work and bid documents with suggested
bid evaluation forms.
Fee Schedule: Fixed Fee for the new modular boiler system design is $3,600.00.
Fixed Fee for the surveying the facility and recommending improvements with preliminary design
sketches in the Day Care make-up air ventilation and exhaust systems to ensure proper Indoor Air
Quality and energy efficiency is $2,500.00.
Construction Observation to ensure the systems are being installed properly is $1,800.00
These include expenses.
Schedule: The work can begin within two weeks of a signed agreement and can be completed
within three to five weeks of receipt of a signed agreement. April 12, 1999 is the target date to
have the first draft plans and specifications draft to the City for review and approval.
Asbestos: The scope of work does not include an asbestos survey or the development of an
asbestos abatement plan.
Limitation of Liability: City of Aspen and Performance Technologies, Inc. have discussed the
risks, rewards, and benefits of the project and design professional's total fee for services. The
risks have been allocated such that the City of Aspen agrees that, to the fullest extent permitted by
the law, design professional' s total liability to the City of Aspen for any and all injuries, claims,
losses, expenses, damages or claims expenses arising out of this agreement from_any cause or
causes shall not exceed the total mount of $300,000.00. Such causes include but are not limited
to design professional's negligence, errors, omissions, strict liability, breach of contract, and
breach of warranty.
Notices: Notices and information will be addressed/mailed to:
Performance Technologies, Inc. City of Aspen Recreation Department
7825 Swaps, Suite 100 130 S. Galena
Evergreen, CO 80439 Aspen, CO 81611
Phone 303-674-3853 Phone 970-920-5140
Fax 303-674-3305 Fax 970-92
Attn: John MeAllister Attn: Tim Anderson
Payment Schedule: Invoices shall be submitted monthly, on or about the 20th day of the month
based upon work completed less 10% retainage. Payment of the full amount of the invoice shall
FELLOW BRICK NEW BOiLERS/IAQ CONTRACT PAGE 2 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City of Aspen
be due within thirty days of submission. Penalties for late payment may be assessed at the rate of
one and one-half percent per month of the unpaid balance.
The parties hereby agree to the terms and conditions and execute this agreement as signed below:
ciw of A~penPe~o~/~,o,o|~ he.
Authorized Signature ~orized Sig~it~'~e r _
Printed/Typed Name P~nted/T~/Yd Name
Title Title
Date 'Date
I'ELLOWBRICKNEFFBOILERSFIAQCONTRACT PAGE3 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City of Aspet
LOWER LEVEL lqrI~ATING, VENTILATION, AND EVAPORATIVE COOLING
SYSTEM DESIGN
CITY OF ASPEN YELLOW BRICK BUILDING
Performance Technologies, Inc. (PTI) proposes to design a HVAC syste~n and associated
ductwork including drawings and specifications for the Lower Level remodel in the City of Aspen
Yellow Brick Building located in Aspen, Colorado. The work shall include the items detailed
below.
The design approach involves removal of the existing ceiling mounted unit ventilators and
installing an air handling unit (AHU) in the old kitchen area. The AHU will include a variable
speed fan and heating coil to provide comfort and energy efficiency. An evaporative cooling
system will provide cooling in the summer; it will include an automatic fill and drain system and
freeze protection. Ducts will distribute the eonditioned air to the five zones in the lower level and
the temperature will be controlled through variable air volume (vav) boxes. The temperature
control system will reset the supply air temperature based on the zone with the greatest demand.
The existing baseboard heaters will provide heat during occupied hours and during unoccupied
hours when the fan is not needed,
This system will provide the required fresh outside air for Ventilation and for indoor air quality
control including radon mitigation. A dueted return air system will pull air back from the spaces
and filter it to part of it to be returned to the zones and exhaust the balance. If necessary, the air
exhausted via the AHU can be directed across a heat recovery coil to preheat the required fresh
make-up air through a run around loop heat recovery system. If it is necessary to include a
continuous duty radon mitigation exhaust system, this can also be made energy efficient through a
heat recovery system.
Performance Technologies, Inc. will provide the following materials and services:
Scope of Work:
A) Size and locate the air handling system, heating, ventilation, and cooling loads, variable air
volume boxes and sizes, heating coils, evaporative cooler, control system;
B) Size and route the ductwork to the spaces, specify controls and sequences of operation;
C) Add necessary exhaust systems and/or heat recovery systems to ensure efficient indoor air
quality control;
D) Include energy efficiency and recovery features in the design to keep operation and
maintenance costs to a reasonable level;
E) Survey and measure the radon situation and develop a mitigation plan;
YELLOWBRICK HVAC MOD CONTRACT PAGE 1 FEBRUARY 1999
pERFORMANCE TECHNOLOGIES, INC. City of Aspen
F) Provide specifications and drawings for bidding the work and bid documents with suggested
bid evaluation forms.
The Ration mitigation measures will reduce the health risks to the children in the day care and
school and the occupants of the lower level as well as the HVAC loads and operating costs.
Fee Schedule: Fixed Fee for the Lower Level HVAC design is $6,000.00.
Fixed Fee for the Lower Level Radon mitigation design work is $2,000.00.
These include expenses.
Schedule: The work can begin within two weeks of a signed agreement end can be completed
within three to five weeks of receipt of a signed agreement. April 12, 1999 is the target date to
have the first draft plans and specifications draft to the City for review and approval.
Asbestos: The scope of work does not include an asbestos survey or the development of an
asbestos abatement plan.
Limitation of Liability: City of Aspan and Performance Technologies, Inc. have discussed the
risks, rewards, and benefits of the project and design professional's total fee for services. The
risks have been allocated such that the City of Aspen agrees that, to the fatlest extent permitted by
the law, design professional's total liability to the City of Aspen for any and all injuries, claims,
losses, expenses, damages or claims expenses arising out of this agreement from any cause or
causes shall not exceed the total mount of $300,000.00. Such causes include but are not limited
to design professional's negligence, errors, omissions, strict liability, breach of contract, and
breach of warranty.
Notices: Notices and information will be addressed/mailed to:
Performance Technologies, Inc. City of Aspen Recreation Department
7825 Swaps, Suite 100 130 S. Galena
Evergreen, CO 80439 Aspen, CO 81611
Phone 303-674-3853 Phone 970-920-5140
Fax 303-674-3305 Fax 970-92
Attn: John McAllister Attn: Tim Anderson
Payment Schedule: Invoices shall be submitted' monthly, on or about the 20th day of the month
based upon work completed less 10% retainage. Payment of the full mount of the invoice shall
be due within thirty days of submission. Penalties for late payment may be assessed at the rate of
one and one-half percent per month of the unpaid balance.
YELLOW BRICK HVAC MOD CONTRACT PAGE 2 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City of Asp~
The parties hereby agree to the terms and conditions and execute this agreement as signed below:
City of Aspen ~rfo~~/fi~ec~l~ Ine.
Authorized Signature ed Sigi~ure ~ '
Primed/Typed Name Primed/Typ~fName '
Title Title
Date Date
YELLO~FBRICKHVACMOD CONTRACT PAGE 3 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City
NEW HIGH EFFICIF, NCY BOILER SYSTEM DESIGN,
ENERGY EFFICIENCY COlVIFORT AND IAQ DESIGN SURVEY
CITY OF ASPEN YELLOW BRICK BUILDING
Performance Technologies, Inc. (PTI) proposes to design a new high efficiency boiler system,
survey the facility for comfort and energy efficiency and indoor air quality improvements. The
survey portion will include analysis, costs, preliminary design and cost-benefit evaluation in the
City of Aspen Yellow Brick Building located in Aspen, Colorado. The work shall include the
items detailed below.
The design approach involves installing a high efficiency boiler system and controls including near
boiler piping redesign and pumping modifications. The existing boiler system shall be abandoned
in place due to asbestos problems and the available space to install new boilers. The combustion
air system shall be redesigned based on the needs of the new modular boiler system.
The new boiler system and ventilation improvements will save a significant mount on the
operating costs of this facility. The annual savings will be around $6,000+ per year in gas costs
alone (based on a reported annual gas bill of $13,000. The new boiler system can pay for itself in
2.5-4 years in operation, repair and maintenance savings. Cost opinion for a new boiler system
pumps and controls is $30,000-$36,000.
The building and especially the classrooms appear to be operating in a less than efficient manner.
Proper fresh outside air is required in the mount of 15 cubic fee~ per minute (cfm) per person in a
classroom (20 cfm/person in an office). This should be brought into the room through the unit
ventilators and mixed with room air for space heating. The exhaust fans in the hallway are
ejecting a substantial mount of heated air to the outside. These fans are generally sized and
intended for summer operation when cooling is needed. For winter operation they are probably
moving too much air. These may be operating due to radon concerns. If this is the case, a heat
recovery system wilt both improve comfort and save significant mount of money on the heating
bills. These units as well as the gym units will be analyzed in the survey.
Performance Technologies, Inc. will provide the foilowing materials and services:
Scope of Work:
A) Size and locate the high efficiency modular boiler system, building loads and pumps flows can
are lower due to the new windows that are being installed this summer;
B) Size and route the combustion air ductwork, design motorized dampers interlocked with the
boiler gas valves, revise the flue and vent system, specify controls and sequences of operation;
C) Add necessary exhaust systems and/or heat recovery systems to ensure efficient indoor air
quality control;
YELLOW BRICK NEW BOILERS/IAQ CONTRACT PAGE 1 FEBRUARY 1999
PERFORMANCE TECHNOLOGIES, INC. City of Aspen
D) Survey the overall building for needed/recommended HVAC and energy efficiency upgrades,
provide cost benefit analysis of recommended items;
E) Investigate the unit ventilators and the gym units for operation efficiency and
repair/maintenance needs, focus on the pneumatic control system for modernization;
F) Provide specifications and drawings for bidding the work and bid documents with suggested
bid evaluation forms.
Fee Schedule: Fixed Fee for the new modular boiler system design is $3,600.00.
Fixed Fee for the surveying the facility and recommending improvements with preliminary design
sketches in the Day Care make-up air ventilation and exhaust systems to ensure proper Indoor Air
Quality and energy efficiency is $2,500.00.
Construction Observation to ensure the systems are being installed properly is $1,800.00
These include expenses.
Schedule: The work can begin within two weeks of a signed agreement and can be completed
within three to five weeks of receipt of a signed agreement. April 12, 1999 is the target date to
have the first draft plans and specifications draft to the City for review and approval.
Asbestos: The scope of work does not include an asbestos su~ey or the development of an
asbestos abatement plan.
Limitation of Liability: City of Aspen and Performance Technologies; Inc. have discussed the
risks, rewards, and benefits of the project and design professional's total fee for servicos. The
risks have been allocated such that the City of Aspen agrees that, to the fullest extent permitted by
the law, design professional' s total liability to the City of Aspen for any and all injuries, claims,
losses, expenses, damages or claims expenses arising out of this agreement fromany cause or
causes shall not exceed the total mount of $300,000.00. Such causes include but are not limited
to design professional's negligence, errors, omissions, strict liability, breach of contract, and
breach of warranty.
Notices: Notices and information will be addressed/mailed to:
Performance Technologies, Inc. City of Aspen Recreation Department
7825 Swaps, Suite I00 130 S. Galena
Evergreen, CO 80439 Aspen, CO 81611
Phone 303-674-3853 Phone 970-920-5140
Fax 303-674-3305 Fax 970-92
Attn: John McAllister Attn: Tim Anderson
Payment Schedule: Invoices shall be submitted monthly, on or about the 20 th day of the month
based upon work completed less 10% retainage. Payment of the full mount of the invoice shall
YELLOW BRICK NEW BOILERS/1AQ CONTRACT PAGE 2 FEBRUARY 1999
pERFORMANCE TECHNOLOGIES, INC. City of Asp~
be due within thirty days of submission. Penalties for late payment may be assessed at the rate of
one and one-half percent per month of the unpaid balance.
The parties hereby agree to the terms and conditions and execute this agreement as signed below:
. city of~p~ Pfo~an~/~Tc'~~c.
Authorized Signatureed Sire
Title Ti~e
Date D )
.rELLOFFBRi'CK NEWBOiLERS/IAQ CONTRACT PAGE 3 FEBRUAR7 1999
FINANCE
DEPARTMENT
Memo
To: Mayor and City Council
From: Tabatha Miller, Finance Director ~
Thru: Amy Margerum, City Manager
John Worcester, City Attorney
Steve Barwick, Assistant City Manager
RE: Bass Park
Date: July 22, 1999
SUMMARY: In April of this year, the City purchased Bass Park for $3,440,000. The
Affordable Housing/Daycare Fund paid $3,340,000 and. the Parks Fund paid $100,000.
Council's decision to use a small portion of Park's funds for the purchase was to reserve at
least a portion of the Park as open space. The Parks Funds could not and can not at this
time purchase the park or a larger portion of the park outright to preserve it as open space.
At the time Council approved the purchase of the parcel from the Affordable Housing and
Parks Funds, they passed a resolution stating their desire to preserve at least half of the
property as a park and to place a sedes of questions on the ballot in November:
· Asking the citizens whether they would approve a sales or property tax increase to
preserve the property as park and open space?
· Asking if the citizens want a mixed-use projec~ of affordable housing and park on the
property?
· And if the answers to the above questions are no, can the city sell the property on the
free market?
BACKGROUND: Originally Council was explodng the idea that the voters would be asked if
they would approve a sales or property tax increase to fund the purchase of the park.
Attached is a summary of sales tax rates and mill levies that equate to the full purchase
price. Other options included using a portion of the park for affordable housing in order to
reduce the cost of preserving a park.
· Page 1
At a community work session before the Park was purchased a consensus was reached that
the Affordable Housing/Daycare Fund should finance the initial park purchase. At that work
session many participants wanted the park used as 100% affordable housing, although there
were others who felt it should remain a park or a partial park.
At the community work session staff presented a plan that used approximately 50% of Bass
Park for Housing and let the other 50% remain as a park. The initial pro-forma financial plan
for an 18-unit project has been attached. Discussions for the project focused on a no-car-
parking project.
FINANCIAL IMPLICATIONS: The City has currently used $3,340,000 of Affordable
Housing/Daycare funds to purchase the property. The project as 50/50 housing/park or
100% housing has not been included in the current planned projects for affordable housing.
If it is added additional funding or swapping of other future projects may have to occur. The
current financial plan for affordable Housing through 2010 is attached. The initial preliminary
cost for 18 units on a portion of Bass Park is $1,869,375.
The Parks fund does not have the financial resources to purchase the park or a portion of it
in the next several years. An alternative-funding source such as a sales or property tax
increase would be needed in order to secure the property for Parks and Open Space. The
citizens of Aspen would need to approve such a tax increase.
STAFF DIRECTION: Staff needs direction from Council as to the basis for the ballot
question language for November and any additional planning requests for housing on the
Bass Park parcel.
ATTACHMENTS:
Resolution No. 20 Sedes of 1999
Memo from Lee Novak
Parks Fund Long Range Plan
Bass Park Funding Options
Affordable Housing Eleven year plan
Bass Park Preliminary Financial Plan
· Page 2
RESOLUTION NO. 20
Series of 1999
A RESOLUTION OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING EXPENDITURES OF 3.5 MILLION DOLLARS FROM
THE HOUSING/DAYCARE FUND FOR THE PURCHASE OF BASS
PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT FOR PURCHASE.
WHEREAS, City Council has approved a contract between the City of
Aspen, Colorado, and Harry W. Bass, Jr. Marital for the purchase of land
known as Bass Park; and
WHEREAS, City Council desires to purchase the property with funds
from the Housing/Daycare Fund and the Parks Fund in order to have
additional time to plan the ultimate development of the property for park or
affordable housing purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves
expenditures of 3.5 million dollars from the Housing/Daycare and Parks Fund,
the exact amount from each fund to be determined by the Finance Director for
purposes of purchasing Bass Park.
WHEREAS, City Council desires Bass Park to be maintained by the
City of Aspen as a public park with no more than (½) half of the area to be
used for an affordable housing project; the precise use of the property to be
determined by the electorate at the November, 1999, general election; which
election shall contain three options: 1) a park with an associated tax increase;
2) a park/affordable housing mixed use project; 3) the ability for the City to
sell the property on the free market.
Dated:
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution ado ted by the City
t999.
Kathryn ~[a, City Clerk
PARKS & OPEN SPACE FUND - LONG RANGE PLAN
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Actual Actual Estimated Budget Projected Projected Projected Projected Projected Projected Projected Projected
REVENUE
(1) 1%CitySalesTax 3,667,047 3,827,293 3,745,006 ' 3,745,006 3,857,357 3,973,077 4,092,270 4,215,038 4,341,489 4,471,733 4,605,885 4,744,062
Zoline Lease Revenue 302,904 158, 563 147, 813 137,063 126,313 126,313 126, 313 126,313 126,313 126,313 126,313 126,313
(2) Impact Fees 84,634 155,032 60,000 60,000 48,000 38,400 30,720 24,576 19,661 15,729 12,583 10,066
Misc. & Lease Revenue 41,533 132,724 146,504 191,962 31,334 56,531 26,763 115,601 46,276 34,878 125,110 0
Pitkin Cty Share Anderson Purch. O 0 100,000 O 0 0 0 0 0 0 0 0
Investment Interest 171,047 388, 176 367,710 362,390 186,752 120,292 159,069 197,887 242, 170 306,850 394, 173 488,308
GO Bond Proceeds 0 0 11,196,000 0 0 0 0 0 0 0 0 0
Bond Reserve Fund-lnt. & Res. 42,575 0 671,288 0 0 0 0 0 0 0 0 0
Golf Fund Repayment - 0 0 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000
EXPENDITURES
(3)(4 Food Tax Refunds 31,474 35,083 46,44! 48,531 50,715 52,687 55,382 67,874 60,478 63,200 66,044 69,016
(3) Contributions &Misc Expenditure 80,217 12,353 14,000 14,630 15,288 15,976 16,695 17,447 18,232 19,052 19,909 20,805
Other Expenditures
Gen. Fund-ParksDeptTransfer 707,202 829,168 1,209,847 1,209,847 1,246,142 1,283,527 1,322,032 1,361,693 1,402,544 1,444,621 1,487,959 1,532,598
Gen. Fund - Gasboy 55,240
Gem Fund-Overhead/AMP Mgmt 0 0 14,852 16,550 16,017 16,497 16,992 17,502 18,027 f 8, 568 19, 125 19,638
General Fund-Overhead 102,958 115,295 196,274 258,302 322,812 389,801 459,674 473,464 482,668 502,298 517,367 532,888
Snyder Property Note Payment 47,500 47,500 1,042,750 0 0 0 O 0 O 0 0 O
Cozy Point Note Payment 0 O 364,258 364,078 361,083 362,810 358~560 358,835 362,428 0 0 0
2o5ne Note Payment 0 0 0 0 0 0 0 0 0 0 O 0
Iselin Note Payment 0 0 0 925,000 626,000 325,000 925,000 825,000 625,000 625,000 925,000 825,000
General Fund Repayment-Cozy Pn 0 0 0 225,000 240,529 0 0 0 0 0 0 0
AssetMgmt. RenExpenses 1,167,497 3,893,363 4,706,310 7,836,300 4,563,400 475,100 562,500 673,200 564,600 372,500 386,000 386,000
1998 Asset P~an CFWD
OTHER USES OF FUNDS
Debt Transfer 1,103,391 1,116,417 848,261 0 0 0 O 0 0 0 0 0
Hsn9 Daycare-Yellow Brick 0 0 0 0 0 O 0 0 0 0 O 0
Golf Debt Subsidy 30,O00 30,000 0 0 0 0 0 O 0 0 0 0
Wheeler Debt Subsidy / DEPP 405,412 411,602 347,857 0 0 0 0 0 0 0 0 0
Year-End Accruals 113,445 {172~261 } 601,858
Pdor Year End Cash 4,945,189 5,687,482 3,686,228 11,851,458 5,470,641 1,999,431 2,812,236 3,550,535 4,364,934 5,321,870 6,952,136 8,814,797
End Of Year Cash 5,687,482 3,686,228 11,851,458 5,470,641 1,999,431 2,812,236 3,550,535 4,364,934 5,321,870 6,952,136 8,814,797 10,717,541
LESS: RESERVE BALANCES
Target Reserve 154,515, 165,317 246,619 257,810 275, 162 293,150 311,768 321,330 331,156 341,290 351,734 362,501
Cozy Point Note Reserves 950,000 800, O00 650,000 1,803,691 1,441,626 t,078,818 720,258 361,423 0 O 0 0
NV7d :,-,-79NV,~t 9N07 ' (7NOd 33 Vdg NRdO ~2 S,Yl~lVd
7/21/99 Page I
Bass Park Purchase Options
Total Total City
Total Interest Total Mill City Sales Sales Total Sales
Payment Period Paid Annual Payment Cost* Le,3~ Mi~ Tax Rate Tax Rate Tax Rate
3 Years $ 375,000 $ 1,325,000 $ 3,975,000 2.83 8.231 0.340% 2.040% 8.54%
5Years $ 560,000 $ 832,000 $ 4,160,000 1.78 7.181 0.210% 1.910% 8.41%
7 Years $ 775,000 $ 625,000 $ 4,375,000 1.33 6.731 0.150% 1.850% 8.35%
10 Years $ 1,070,000 $ 467,000 $ 4,670,000 1.00 6.401 0.100% 1.800% 8.30%
15 Years $ 1,605,000 $ 347,000 $ 5,205,000 0.74 6.141 0.085% 1.785% 8.29%
20 Years $ 2,020,000 $ 281,000 $ 5,620,000 0.60 6,001 0,070% 1.770% 8.27%
'* Includes Finance Issue cost of approximately $100,000.
* Based on Purchase Price of $3,500,000.
lNd 6g:9 66/~Z//, slx'smdsnoq
( ~ ~ ~ '~z'~) $ IleJ,uoqS iu!pun=l
(le!oueu!J eGS) t,66'~-V9'e $ Jo~oe-I uop, eUuI ssa'l
(~) 0g~;'60g'Zt, $ (~) ,sesuadx~t leloJ. sse-1
(le!oueu!j eeS) t, SV'9;~'£~ $ (z) GIqEI!EAV spun:l
~£~'~ LI~9 lelol
(g~) (t,~) SLUO0~ VVI/I ssaq
(0~;) (0g) so!pn~S 11oosnJ1 sse'l
(~) (ge~'~,V) $ 906't,~9't,~; $ (~)(O~,9'Og) $ O~'60g'6g $ 9~g'~Lg'~L $ Ogg~, ~Ll lelol
(Z ~ 9'i~ ~ ) 00~ 'lZZ' ~- (~t'/, '6) 002~'~9 ~' ~, 000 'S ~ 9 ~6 ~ O0 l, aLue6u! ~n8
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(2.gZ't,£) 69~'9Z9'~ (6t~'z2:) 699'g0L'E: 00t~'0Zg Z/ 9£ C] leoJed etue6u!lJn8
(9~t,'~;~ L ) ~9~ '98~ '£ (09~'/_Z) ~9~;'990 '~ 000 '00~' L ZE: ~ L ~apXuS
(I]~S'9~) 95;L'0Z6'£ (gL;~'9L) 9~L'0z~'~ 000'00/.'L 0~L 0ZL sse~J uadsV
(6Z0'Z~ L L ) $ i999'~£~' L $ (0 Lg't,g) $ ;~ L6'i:09 $ 9~6'6a9 $ L L ~, L u!el/M pue
moojpa8 ~p!sqnS mooJpa8 /(p!sqnS (S) ~P!sqnS sLuooJpa8 sl!uFI loa[oJd
4ad/~P!sqnS lelo/ 4ed ~(p!sqnS uo!lomlsuoO purl lelol lelo/
lelo~ uo!iomlsuoO
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ot
Bass Park
Park and Housing Option
Number Unit SF Total SF Bedrooms
Units
One Bed room 18 530 9,540 18
Professional Fees $238,000
Predevelopment Costs $17,500
Utilities $82,050
Landscaping $30,000
Site Development $175,000
Construction Cost $1,240,200
Financing Fees $105,629
Marketing (sales comm) $35,838
Pre-occupancy Expenses $9,500
Contingency $290,058
Per SF Per Bedroom
Total Construction $2,223,775 $233 $123,543
Land $1,437,500 $151 $79,861
Total $3,661,275 $384 $203,404
Sales Proceeds $ 1,791,900
Net Construction Cost ($431,875) ($45) ($23,993)
Net Subsidy Cost ($1,869,375) ($196) ($103,854)
Sales Proceeds: Number Number Sales
Category of Units of Bedrooms Sales Price Proceeds
One Bedroom 2 9 9 78,300 704,700
One Bedroom 3 9 9 120,800 1,087,200
$ 1,791,900
(1) The cost of construction is based on $130 per square foot of structure not including garage space
(2) The contingency is 15% of the total cost of construction
(3) The land is currently owned by the City of Aspen
19
NO, 532' ' P. 2
5UL. 20. 1999 8: O?AH CITY MANAGERS OFFICE
MI~MORANIII,~I
To: City Council
Fram: Lee Novak. Housing Proje~ Manager
Subject: Bass Park
Date: July 1, 1999
Summary:
$taif are asking for dizectioxt from Council on the week !aregram needed to prOare for the Novean~r
ballot. The basic c!ustion is~ "What infermatian do ~ need to ~ovide to the votes to lieJp them make
thedt decision?"
Background:
Pazl~s f~mds. ~ high cost of the lot $3.4 nailion, lgro~"bited the sole use of Open Spazc fun~ for the
purc2tase. Council was also teacent to place an addi~onsl sales tax issue on the ballot at tl~ same ~me as
the 14onsiag/Daycarc tax am2 the Is~n bad. lastearl. Housing funds were used to secure the lot and allow
staff to Ix~form wo~k nezessary for educatins the public about the issues before a vote. could be held in
Novtuber.
Co~ncit Ms suggested that the ballot present tha~e alteamtives to the voters: 1. all park with a new sales
tax or mill levy., 2. Some mix of park and lieustag. or 3. sell it bar& to the free market Tabatlm
nm a several diff~ent scumtrios for the legatli ¢t the new tax. Those are available upon r~quest. Sin~
NovruDer is rust appfoacking, staff would like to kaow wba! type of information needs to
bafi3re the election: Sta~lnve met to discuss the issue and ave raised the fellmane questions:
1. In fire second s~enario, liow meh of the 18,000 square foot lot sheaid he used for Itousing and liow
mat for pa~k? Park staff believe that anytDing less than 50 % of the ~xistmg spac~ would greasy
diminish the quality of the park. A 50-50 split x~onld provide Housing with 91000 $quaxe feet - the
same amat of space as eJcists oxt the gm and Main St, aite,
l. If the housing portion is ff'q l~rzent ~ the sit~, what leveA of density sheukl we s~et~ on site7 Stag
believes that due tc the veny high cost of the land that we will need to ms.,amideS density m reduce
the everall subSidy. Based on the werk being done for the 7m and Main St. s~, staff believe 15 malts
cents be cLoveloped without parking. or n~e units couId De built with one parking spaoe pez unit Staff
would m:xymmend that no patlci~g be proxdded and that the higher density be the goal due to the high
land cost.
3. Som~ nl~bers of the PI analog end Zoning Centmission feel Illat the city sheold pursue a housing
program for i 00 percent of the size. Is tkis a fourth altexnative that should he presented to the voters7
tf this alternative is included the final produc~ would most likely he very similar to Benedict.
Commons nod this scenaxi~ could include adsground parklag.
4. ~ta~have~zesente~thecc~cep1ofamixeausepr~jectat7tuaxtdMain~iacethispx~j~ctisinth~
downtown and in tl~ office zorie district is ~ airera'retire to examine?
5. What level of d~tail sl~oald be pro*sued in design? Does Council wan, arahitectural r~ndenngs for the
comraunily tO see7
S'd ZSS'OM 301330 S839tJN~[4 2,.113 W~80:8 666f'OZ']F/f
WHEELER OPERA HOUSE
MINUTES OF THE MEETING OF ~
· THE BOARD OF DIRECTORS
DATE: Thursday, June 10, 1999 RL[C~IV~O
TIME: 4:00 p.m.
LOCATION: The Wheeler Administrative Offices
PRESENT: Board Members: Jon Busch
Ron Efickson, Vice-Chairman
Larry Fredrick
Georgia Hanson, Chairman
Edward Sweeney
STAFF: Nida Tautvydas, Executive Director
RECORDED BY: Martha I. Horan, Administrative Assistant
I. CALL TO ORDER.
The meeting was called to order at 4:08 p.m. by Chairman, Georgia Hanson.
II. APPROVAL OF THE MAY 5, 1999 MINUTES.
Ron Erickson moved to approve the minutes dated June 10, 1999. Larry Fredrick
seconded. The motion was carried unanimously.
III. CITIZENS COMMENTS.
None.
IV. EXECUTIVE DIRECTOR' S REPORT.
Nida Tautvydas reported that the Wheeler was looking for additional Box Office
help over the slimmer and that the Assistant Tecb_nical Director position will be filled
shortly.
Programming is coming together and should be wrapped up shortly as well. The
season will be well rounded with Community Series events being added as they emerge.
The programming strategy is a modest break-even with ticket prices averaging between
$20 and $28.
V. CONSENT CALENDAR.
None.
VI. ACTION ITEMS
A. Review Needs AsseSsment Policies.
The Needs Assessment RFP closed Jtme 4' and will go before Council June 28th.
Several bids came in both local and outside of the Roaring Fork Valley. Discussion
followed. Rebecca Reynolds was selected. Tautvydas assured the Board that one-on-one,
small groups and focus grdups would be included as well as mail-out surveys to current
renters as well as those not using the Wheeler anymore and those that haven't ever used
the Wheeler. Tautvydas also recommended a work session with the Board to cover the
scope and purpose. Fredrick motioned to recommend Rebecca Reynolds and also
requested that she include a theatre consultant as needed in the development of the
questionnaire. Erickson seconded. The motion was carried unanimously.
Wheeler Board Minutes
June 10b 1999
Page2.. ~, .
;B~.
';~¢~ ?Xmbassador Sign-Up.
~:~'. TafitVydas passed around a sign-up sheet for Board Members to sign up for
ul~coming ~ve~ts at the-Wheeler.
VII. INFORMATION ITEMS.
A. Security.
Tautvydas reported on the attempted robbery that occurred. The Aspen Police
Department felt that the attempted robbery was planned and recommended reviewing
security procedures. The Visitor's Center has expressed apprehension in being
responsible when Wheeler Staff is not present therefore would like to explore extending
the Box Office hours to seven days a week. The Board unanimously supported the idea.
VI!I. NEW BUSINESS.
A. Discussion of WOH Policy- Minimum Staff Requirement.
Tautvydas opened the discussion of the Aspen Music Festival and School's (AMF
& S) request for special consideration in the minimum crew requirement. Tautvydas
clarified the philosophy behind the policy with regard tO liability and greater service to
the touter regarding knowledgeable assistance. Tautvydas added that should the Wheeler
fully subsidize a minimum crew for all renters, a $100,000 plus expenditure would result.
Tautvydas recommended that this summer the Wheeler absorb the minimum crew (in this
case, one additional tectmical staff member) for AMF & S's 1999 summer season and
that the future be discussed at a later date. Edward Sweeney spoke on behalf of AMF & S
and sited concerns regarding an overlap in staffing with monies already allocated for
trained staff and possible conflict resulting in reporting to two different supervisors.
Discussion followed. Sweeney agreed to employ, at no cost to AMF & S, a technical staff
member of the Wheeler and discuss the efficacy at summer's end. Sweeney suggested
that he, Tautvydas and Hilary Field, AMF & S Operations Mmmger meet to discuss
logistics.
B. Dolby Digital Sound System.
Jon Busch reported that the new Dolby Digital Sound System was installed and
working well.
C: Letter From'Eric Catderoa.
Hanson read a letter from Board Member, Eric Calderon informing the Board he
had decided to step down from his post due to excessive obligations.
IX. ADJOURNMENT
The meeting was adjourned at 6:11 p.m. The motion to adjourn was made by
Erickson and seconded by Sweeney.
THE NEXT REGULAR MEETING WILL BE HELD THURSDAY, JULY 15TH
AT 4:00 P.M. IN THE WHEELER ADMINISTRATIVE OFFICES.
Nolan -
Red Bdckl '--
Yellow
HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM
State Site.Number: Local Site Number: 124.WH
Photo Information: ASP-F-~6, 27 & 28
Township 10 South Range 85 West Section 12
USGS Quad Name Aspen Year 1960 .. X 7.5' 15'
Building or Structure Name: 124 W.,Ha!lam House / M.V. Chamberlin House
Full Street Address: 124 West Hallam
Legal Description: Lots E1/3, L, M
City AsPen County Pitkin
Historic District or Neighborhood Name: Hallam Lake ~istoric District
Owner: private/State/Federal
Owner's Mailing Address:
ARCHITECTUR3L DESCRIPTION
Building Type: Residential
Architectural Style: *
Dimensions: L: x W: = Square Feet:
Number of Stories: 2-Story
Building Plan (Footprint, Shape): Irregular with southeast corner
turret
Landscaping or Special Setting Features: None
Associated Buildings, Features or Objects - Describe Material and
Function (map number /name): Northeast sin~le-~abled carafe: claD-
boardr with cabled end ver~e board[ center north: sincle-gabeled
clapboard out building, same as other; northwest ~ara~e: sin~le-~abled
with side dormer, clapboard, wood sca!lomed shin~!es at ~eble ends and
cutout ver~e board
For the following categories include materials, tec~hniques and styles in
the description as appropriate:
Roof: Cross-~abled with hieDad turret, with brackets and cinderbread
trim at saveline; weed shingles
Walls:Clapboard with fishscale at gable ends
Foundation / Basement: Unknown
Chimney(s): New: south center, corbel!ed brick
Windows: 1st story: vertical fixed light; 2nd story, west 2 hiuoed
~ab!edormers~ 2nd story typical one-over-one double hun~ with shutters
and decorative lintel; turret: decorative Dane!s, brackets and denti!s
Doors: South (old f=ont?]~ 4 Danel
West {new front ?~; Pair 1/2 light cut ~!ass with large
transom and side lights
Porches: Shed roof,. west side with s~uare posts with brackets on
sandstone wall/base
porch has been enclosed, firem!ace with new masonry, stee~
pitched roofs of front gable and cross gable with lon~ f~.rrow w~ows,
ver~e board decoratin~ the ~able is simple, but has detail standard
horizontal clauboard of 1890's; large 1987 turret dramatically alters
messin~
Page 2 of 2 State Site Number
Local Site Number .i24,WH
FIINCTION ARCHITECTURAL HISTORY
Current Use: = Residential Architect: Unknown
Original Use: Residential Builder: Unknown
Intermediate Use: Construction Date: 1887-88
_ Actual _ Estimate _ Assessor
Based On:
'HODIFICATIONS AND/OR ADDITIONS
Minor' Moderate Major X Moved__ Date
Additions ~nd~ate: fret, 1987{ west carport
N~TIONAL]STATE REGISTER .ELIGIBILITY AND CRITERIA
__ Is listed on National Register; State Register
Is eligible for National Register; State Register
Meets National Register Criteria: A__ B__ C O ... E
Map
Eey LocalRating and Landmark Designation
' ' Significant: Listed on or is eligible for National Register '
Contributing: Resource has maintained historic
II architectural integrity.
0 Supporting: Original integrity lost due to alterations,
however, is "retrievable" with substantial effort.,
Locally Designated Landmark
Justify Assessment:
Associated Contexts and Historical Information: The siqnificance of
this residential structure historically is not of those who ownedit
cr lived in it, nor of its architecture, although this structure is
reDresentativeofAsuen's earlV minin~ era. This modest structure is
of historical immortance by illustratinq the familY;home environment
and lifestyles of the average citizen in Asuen which was dominated by
the silver minin~ industrY.
Other Recording Information
Specific References to the Structure/Building: Pitkin County Court-
house Records; Sanborn and Sons Insurance Maps
Archaeological Potential: __ (Y or N) Justify:
Recorded By: Date: March 1991
Affiliation: Aspen Historic Preservation Committee - CitY'of AsPen _.
Project Manager: Rexanne Eflin, Historic Preservation Officer/Planner
2
HISTO ARCEITECTURAL BUILDING/STRUCTUre ORM (~'
State Site N~m~er: Local Site N~mher: 124.WH
Photo Information: ASP~F-26, ~7 & 28
Township 10 South Range 85 West Section 12
U$GS Quad Name Aspen Year 1960 X 7.5w 15
Building or Structure Name: 124 W. Hallam House ! M.V. Chamberlin House
Full Street Address: 124 West Hallam
Legal Description: Lots E1/3, L, M
City Aspen County Pitkin
Historic District or Neighborhood Name: Hallam l~%ke Historic District
Owner: Private/State/[adore!
Owner ' s Mailing Address:
~C~!TECTUR/&L DESCRIPTION
Architectural Style: ·
Dimensions: L: X W: = Square Feet:
Number of Stories:' ' '2-Story ....
Building Plan (Footp int, Shap ): ~rrequla .with southee t ~orner
~/Landscaping or S~eciat ~etting Features: None
V/~'Assoc~ted Buildings, Features or Objects - Describe Material and
Function (map nuamber/name): Northeast sintie-gabled ~ara~e: claD-
hoard~ with ~abledend ver~e bcard~ center north: sin~le-~abe!ed
clapboard cut building, same as other; northwest garb=e: s!n~le-~abled
For the following categories inc!~X m ial niques and styles
the description as appropriate:
Roof: Cross-~abled with hiDmad turret, with brackets and cinCerbread
trim at saveline; wood shin~les
Walls: Clapboard with fishscale at cable ends
Foundation / Basement: Unknown
Chimney(s): New: south center, cotboiled brick
Doors: South (old front?]; 4 panel
West (new front ?); pair 1/~ light cut glass with large
~orches: Shed roof, west side with square ~osts w' h brackets on
sandstone wall/base ~
porch has been enclosed, fireplace relocated with new masonry, steep
Ditched roofs of front ~able and cross gable with long harrow il]ows,
verce board decoratinG the cable is simple, but has detail sta. ard
bcrlzontal clapboard of 1890's~ lares 1987 turret dramatically lters
Page 2 of 2 State Site Number ..
Local Site N-.mber 124.W~
~t Use: Residential ~ite~: . U~kno~
Orig~l Use: Residential ~tld~: Un~
InterState ~se: Cons~ton Date: 1887-88
_ Actual Estate _ Assessor
B sod On: '
MOD~I~TZONS ~/~ ~DITZ ~
Minor... Mediate__ ~~ved Date
~ditions EaSe: ~et. 1987; west ca~
NATIONA]~/STATMR~GISTFa ~IGI)ILITYANDC~/~r~JA
__ Is l~sted on National Regist~; . State Regist~
Is elig~le for National Regist~; . State Register
Meets Na~onal Regist~ ~tt~ia: A__ B__ C D__
~p
~ocal ~ing ~d Lan~rk Desi~a~ion
Si~ificant: Listed on or is eligible for Natio~l Reg~ter
Contr~uthg: Resource has maintained historic · or
~ ...... ~chite~al integity.
o ~ppo~hg: Original int~ity lost d~ to alterations,
however, is "retrievable" wi~ s~stantial effo~'i
__ ~calty Designated Lan~ark
~stify~ses~ent:
Ass~iated Centers and Hisrefill I~om~ion: The si~ificance
~his residential stru~ure historlcally is not of these who o~ed it
or liv~ ip it. nor of its architecture. al~ough ~is s~ure
=~presentative of Aspen's early mininc er~This modest st~cture is
of historical imno~ance by ttlustratinq f~ily/home environment
heuse Records: Sanborn and Sens Insurance
Archaeolog cal Potential;__ (Y or N}
Recorded By: Date: ~arch 1991
Affiliation: As~e~ ~storic P~esemtion C~m~ttee - C~tV of As~en
~o~eot Manager: Rexanne B~lin, ~istcric ~ese~a~on O~[icer/Planner
Historic Preservation Committee ~
Minutes of March 18, 1992
the neighborhood character there are two new huge structures near
by and then you have the Holiday House and across the street from
the Holiday House is the Molly Gibson Lodge and those are virtually
next door to Mrs. Day's house. I don't think there is a community
character left and do not feel the house is old enough to qualify.
It has no architectural significance at all.
Rexanne: Our form indicates that the property was built in the
1880's or early 1900 hundreds. Age is not the limiting factor for
being on the inventory. There are buildings built as late as 1952
that are on the inventory.
Tam Scott: The house is non-descript and basically falling apart.
It has leaks etc.
Bill: Do you know of any work that has been done since the last
time we evaluated this house?
Tam Scott: I don't think any work has been done.
Rexanne: This inventory has never been re-evaluated as you are
doing right now. In 1986 numbers were applied to the existing
inventory, they were not re-evaluated structures. I agree that
the context in.that area has eroded over time but there are
numerous little houses in that vicinity that are important. Its
overall contribution is to the character of the town. It is an
example of a residential structure representative of a wQrking
class family of the mining era.
Bill: We will take the information given to us and the members of
the Board should drive by and look at the house taking everything
that was presented here into account.
124 W. HALLAM
Catherine Lee, owner: In 1987 I came to the meeting when they were
nnmBering the properties as you .can see by the letter in your
packet. Since then there has been more extensive work done. I
also have the blue prints. I am oppOsed. being on this list. The
· house has no significance in 'american history, architecture,
ercheology, engineering orculture. The integirty of the location,
the design, setting and materials are new. The feeling that you
are looking at was created by me. I added all the trim and all the
details. Everything on that house that you see that looks
victorian has been added by yours truly. There are no events
associated with my property that has made it a significant
contribution to the broad patterns of the history of Aspenj No one
of historical significance has lived in this home. I created a
victorian look with my artistic bays and these are my creations.
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/,, Historic Preservation Comm4ttee
t ! M/nutes of Hatch la, 1992
I would not be eligible to the historic register as the house has
been changed 360 degrees. If you notice the Sanborn map shows the
foot print of the present house. All private property owners have
the right to object to be listed. The, qualities have ceased. to
meet the criteria of the list. I have petitioned you in writing
to be removed from this list and I do not wish to become legally
responsible by being on the fraudulent list which my
causes due to lack of integrity. I wentthrough the structure form
and it is incorrect~
Bill: Do you have pictures of what the house looked like before
it was redone.
Roger: I think the Stroh's added the glassed in porch and moved
the fire place.
Catherine: The Taylor~s did the kitchen and added a wing. There
is not a corner on that house that has not been changed.
Jake: What is this house on the inventory.
Roxanne: It is the lowest rating.
Jake: Isit retrievable?
Roxanne: Barely, and it was given a 2 in the 1986 rating. In the
1980 rating it was the lowest which was notable.
Bill: I feel all the committee members should site visit this
property.
Roxanne: Your final action takes place by a resolution the 25th
of March. Between now and then you have to be thinking what action
you want to take. It then goes to Council in an ordinance form.
The public hearing for Council is scheduled for May 13th.
Bill: Do you know the square footage Of-your floor area?
Catherine: The main house has 3750 sq. ft. and there are two
separate garages.
Bill: Thank you Catherine for your input and we will take
.everything into consideration when evaluating. We will add your
photographs to the file.
707 N. THIRD
Carol Craig: In my way of thinking, I didn't realize that you
could just designate something an historical structure without the
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