HomeMy WebLinkAboutagenda.council.regular.19990614 CITY COUNCIL AGENDA -~---'~' - ~"'~
June 14, 1999 (~~
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT 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) Resolution ~47 1999 - Moore Playing Fields, Construction Contracts
b) Resolution #-40 1999 - Architecture - Golf, Nordic and Restaurant Facility
c) Resolution #46 1999 - Approving IGNPitkin County funding Roundabout
d) Resolution #-45 1999 - Half-cent Transportation Tax Funding for Roundabout
e) Resolution #50 1999 - Street Name Change - Aene Park to Alpine Court
f) Minutes-Ma' 10, 1999
VII. Public Hearings
a) Ordinance #21, 1999 - Code Amendment - Construction Work Hours ~
b) Resolution #49, 1999 - Vending Agreement for Farmers Market ~ ~¢.
c) Ordinance #18, 1999 - Historic Designation - 2 Williams Way Continue to 6/28ek:
~d.)) Ordinance #20, 1999 - Design Review Guideline Revisions ~
VIII.Swearing in New Mayor and Council
a) Mayor and Council Comments
IX, Consent Calendar (These matters may be adopted together by a single motion) ~
a) Ordinance #22, 1999 - Appropriation ~ I-~ ~s
b) Ordinance #24, 1999 - Moore Annexation ,,
c) Resolution #51 1999 - Truscott Redevelopment Design Services Ted Guy
d) Resolution #5~, 1999 - Truscott Site Planning - DHM Design
e) Resolution #50 1999 - Cost Reimbursement Agreement CDOT Water
Transmission Lines
X, Action Items
a) Ordinance #25, 1999- Burlingame Ranch Rezoningg~'~It?-
XI, Information Items
a) Excess Property Taxes
XII. Adjournment
Next Regular Meeting June 28, 1999
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
Jim & Ramona Markalunas
624 North Street Aspen, Colorado 81611
June 14, 1999
To Mayor John Bennett:
DREAMS and VISIONS
As this century also comes to a close, your service to this community will in time be
recognized as one of great vision and dreams for a better tomorrow for all of Aspen.
A hundred and twenty years ago, another Bennett (no relation) with other mining
prospectors came over the range to tap the mineral riches of this Valley. They
discovered a. pristine valley whose beauty is now known throughout the world. They
built a ~ity with pride and beauty that is our heritage today.
Aspen was built on the dreams and visions of those early pioneers. With
perseverance, pluck, and fortitude, sometimes under adverse conditions, our
predecessors over the past century preserved this city for our enjoyment. John,
your past eight years of service, as Mayor of Aspen, has maintained this tradition.
Your tenure in office will be remembered by future generation as one of courage to
stand firm in your convictions for a better Aspen. Your accomplishments while in
office are well known, as illustrated in this last edition of the Aspen Times. There is
no need for me to repeat them, other than to say; you have left us a vision and legacy
for a better Aspen.
A hundred years ago, Henry Staats, an early Aspen pioneer, sat upon a milk stool on
his ranch UP Capitol Creek while musing over the geological complexities of the
Roai~ing Fork Valley and the beauty of the Aspen region. He described. Aspen, in an
allegorical sense, as the "Heavenly City".
John, near your home rest many of Aspen's early mining and ski pioneers, who with
Walter Paepcke envisioned Aspen as a paradise for the renewal of the Aspen Spirit. I
am sure on a calm summer evening, as you walk amongst the aspen and look out over
our fair city you will reflect upon your many dreams for Aspen, that "Heavenly City".
Know that you are not alone; for we share in your dreams and vision.
All great dreamers and visionaries have had their detractors. John, you are no
exception; for with responsible leadership there always comes a challenge to great
ideals and principles. John, you have met that challenge and we affectionately bid
you the fulfillment of your dreams.
As you stated, in your address to the Aspen Institute Fellows: "we can offer the world
a model of a community consciously rounded on a vision and a dream. We owe it to
our founders-but far more important, we owe it to ourselves to live up to that dream."
Good luck and God speed.
'neerely, Ra~o~na~
MEMORANDUM
TO: Mayor and Council
FROM: PatSy Malone, Human Re-~o:~
THRU: Amy Margerum, City Mana
DATE: April 27, 1999
RE: BONUS AWARDS -- FIRST QUARTER, 1999
Outstanding employee bonus awards for the first quarter, 1999, were
approved for the following individuals:
John Krueger, Parks Department
Mary Lackner, Community Development
Mitch Haas, Community Development
Gervaise Dupree, Community Relations Officer
Phil Overeynder, Utility Director
Tabatha Miller, Finance Director
Copies of the letters to the recipients outlining their accomplishments are
attached.
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Attachments
April 29, 1999
Dear John,
Congratulations! This letter conf~rms your nomination to receive an Outstanding Bonus Award
for your outstanding efforts on the Entrance to Aspen and Roundabout Projects. You are invited
to attend the May 10th Council meeting at 5:00 p.m. to accept your award.
During this past six months you have lead the Parks department as a liaison for the EntranCe to
Aspen project. You have spent numerous hours and an exceptional amount of effort to
participate in the planning and design development of trails for the Entrance to Aspen and the
Roundabout. You have taken the lead in ensuring the City's needs are meet for trail connections,
trail design, and trail safety. In addition to providing input on trail issues, you have consistently
tried to look at the project holistically, praviding general comments from a City and Community
perspective in an appropriate manner. We sincerely appreciate the extra effort you took to
ensure that both the Parks and Golf Departments were aware of landscape design issues,
critical design meetings and involved in the decision makingprocess for the Roundabout.
Another veO, important contribution you have made is saving the City close to $ 700, 000 worth of
trees in the design of the Roundabout. You made the department an,are of the impact to trees in
the original design and were instrumental in helping to re-design to presen, e more trees.
John, you are truly a professional. Your leadership skills and communication skills throughout
this effort have proven to be exceptional. Thank you for all your hard work and effort.
Sincerely,
Jeff Woods
Director of Parks
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Mr. Mitch Haas
130 S. C-~ena St.
Asper~CO 81611
May I0, 1999
RE: Employee Bonus Award
Dear Mirth:
On b~half of ~he Cdmmunity Development ~pt. ud ~e Ci~' ~ager'~ o~, w~ ~e
to iufo~/ou ~t ~ou ha · ~eu selected for u Ou~tau~g ~mpioyee Bonus Award for this
q~ed ~e reason you were nominated is because 6fvo~r se~in~ as ~e Imedm De~u~
Direclot for approxima~lv ~out months ~is last Faii ~d Winter. Dudn~ ~at time. ~d
besffatlom you stepped ~ ud ~ouslv took on many of my foyer res~onsibilffies while
over ~s ~e ~ew Communi~ Development Directs.
As In~Hm ~ b{~etor. Vou uusel~s~lv ~Bve much addifi o~1 Hme i~ se~g ~ ~e
Pla~Ln~ ud Zonl~ ~mmission liaison. ~endin~ ~1 oF~eir meetings ~d work
~v{ew}n~ memos. ~d se~i,~ t~e a;eudas. Your work ~ bo~ C~Hs Bendon ~ ~ Oa~s
to ensure ~eir memos were cle~lv ~iUen ud addressed ~e a~propHate conchs of~e
wa~ espedallv helpful. I wu o~cul~l~' ple~ed with your do~ ~e immediate ~fo{low-uu" to
~e P & Z refuels,' ~d keepin~ ~e s~ff ~o~ed of issues and Questions ~ised ~' ~he
Commission.
I fiso ~ppr~ia~d ~o~ an~di~g m~t~s for me, ~ my absence, checking back ~ ~d
sure 1 was kept i~ed. I ~ow ~st ~e ~st o~e ~ff~w a diff~rem side to ~Ou dag
period, ~d I b~lieve ~t evenone appreciated y~w beta in ~e "back-up" ~osh~on as my new
duties o&en took me swav ~om ~e ~kd fi~r. You u~d good judS~cn~ kept a Care~l eye on
· e detaiis, ~d sho~ed ~prov~ m~agement ~ills. ~is ex~ e~on s~ys a lot for your
professionalism ~d coai~ent to ~e depaent ~d the Ci~ of As~n
PIece pl~ to a~d ~e Ci~' Council m~t~g on Mou~y, May 10, 1999 at ~ PM'~ o~¢r to
~ive your aw=~. Con~mlafi~ns, ~d ~ you aga for yo~
Sin~ly,
]ulie Ann Woods
Communi~' DevelOpment Diretot
cc: Personnel Dep!.
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April 28, 1999
Gervaise Dupree
Community Relations Officer
City of Aspen
Dear Gervaise:
It is my pleasure to inform you that you have been selected to receive an
Outstanding Employee Bonus Award for your excellent work on
consolidating the City of Aspen announcements and advertisements.
The new ad format makes it very easy for citizens to find out what is going
on with City affairs. One no longer has to search through various obscure
sections of the papers to find meeting agendas, job openings, bid
announcements and items of public interest...it is all together in one
readable, recognizable format.
Your efforts show teamwork and a commitment to efficiency in
government. By consolidating the ads, you have saved the City of Aspen,
and the taxpayers, money while improving service! Great work.
Sincerely yours,
Amy L. Margerum
City Manager
April 28, 1999
Phil Overeynder,
City of Aspen, Water Department
Dear Phil:
It is my pleasure to inform you that you have been selected to receive an
Outstanding Employee Bonus Award for your dedication and service above
and beyond the call of duty.
Your willingness to take over the supervision of the Engineering
Department during the period after Stan Clauson left the City and before Ed
Sadler arrived was a tremendous help. I know this was a difficult time
because you had already agreed to take over as Acting Electric
Superintendent with the departure of Bill Earley. Despite these added
responsibilities, you and your staff continued the excellent work on ongoing
water projects for the City of Aspen. The service provided by the Water
Department continues to be excellent given your added workload associated
with new water line extensions, the Hines and Moore projects, the North
Forty project, CDOT's highway projectsand new facilities and construction
at the water plant.
Thank you for the service you give to the City of Aspen. You are a pleasure
to work with.
Sincerely yours,
Amy L. Margerum
City Manager
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
Jeff Woods, Parks Director
FROM: Kevin Dunnett, Parks Planner
DATE: June 9, 1999
RE: Approval of the Part II Design Build Contract for the Moore Playing Fields
construction
CC: John Worcester, City Attorney
SUMMARY: On May 10th City Council approved Part I (design services) of the
Design Build Contract for the Community Campus Master Plan Improvements for the
following:
Moore Playing Fields
· 1 new baseball field
· 1 new soccer field
· 1 new softball field
· native area restoration and new wetlands
Rotary Park
· i new softball field
· 1 new soccer field
· new picnic areas and overlooks
· connection to Iselin Park
Iselin Park (note: The Pool/Ice facility is under a separate contract) · 1 reconstructed softball field
· 1 new soccer field
· 1 new parking lot
Aspen School District Campus
· new school bus drop-off area and parking
· 3 new pedestrian/nordic overpasses
· new pedestrian walkways and planting
· 1 reconstructed soccer field and track
At this time we are requesting you to authorize PART II (construction fees) of the
Design/Build Contract for the CONSTRUCTION OF MOORE PLAYING FIELDS
for the amount of $750,059.00.
The Parks Department has selected the Design Build Team of Randall & Blake, Inc., of
Denver, for Part II of the Design Build Contract for the construction of the Moore Playing
Fields.
BACKGROUND: For the past month Parks staff and the design consultants have been
finalizing the design of the Moore Playing Fields in preparation for a June 21st
construction start-see exhibit A.
DISCUSSION: The Moore Playing fields Component is the first phase of the
Community Campus Improvements Project. Construction will be 90% complete by late
fall, and finish work will occur in the spring of 2000 with the fields ready for play in late
spring.
The total budget for the construction of the Moore Playing Fields is $1,000,000.00. RBI's
contract amount is $750,059.00. The parks department will allocate the remaining
$249,941.00 of the budget for "in-house" installation of plant materials (including the
wetlands- possibly as part of a volunteer effort) and most of the sites retaining walls and a
portion of the irrigation system. Installing these items "in-house" will result in higher-
quality finished product with a considerable cost savings to the city.
Part II construction contracts for the other phases of the Community Campus Master Plan
improvements will be brought to City Council for approval when appropriate according to
construction schedules.
Construction schedule and budget for The Moore Playing Fields
Project Construction start Construction finish Budget
Moore Plavin~ Fields s~fin~ 1999 sl~rin~ 2000 $1.000.000
RBI Contract spring 1999 fall 1999 $750,059
Parks "in-house construction" fall 1999 spfino~ 2000 $249,941
Subtotal $1,000,000
FINANCIAL IMPLICATIONS: The Design Build Team of RBI, Inc. propose to
complete the Scope of Services covered under the Part II Agreement for The Moore
Playing Fields for Seven-hundred Fifty Thousand Fifty-nine Dollars ($750,059.00).
Please see detailed cost estimate- see Exhibit B.
The May 4th Revenue Bond allocates $3,000,000.00 for Pan II of the Design Build
agreement for construction improvements as outlined in the SUMMARY section above.
An existing carry forward allocation of $288,000.00 for the Moore Playing Fields will be
used to cover the Part I design fees for the Community Campus Master Plan
Improvements.
RECOhlhlENDATION: Staff is recommending Council approval of the Part Two
Design Build Agreement for Design services for the construction of the Moore Playing
Fields.
PROPOSED MOTION: I move to approve the Part II Design Build Agreement
between the City of Aspen and The Design Build Team of Randal and Blake, Inc. for the
Construction of the Moore Playing Fields for the amount of Severnhundred Fifty
Thousand Fifty-nine Dollars ($750,059.00).
CITY MANAGER COMMENTS:
Attachments:
Exhibit A- Preliminary construction schedule
Exhibit B- Construction cost estimate
Exhibit C- Resolution # qZbSeries of 1999
Exhibit D- Pan Two Agreement for Design Build Project
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EXHIBIT C
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(series of 1999)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO AND RANDALL AND BLAKE, INC. SETTING FORTH THE TERMS
AND CONDITIONS REGARDING AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT FOR PART TWO AGREEMENT FOR CONSTRUCTION
OF THE MOORE PLAYING FIELDS.
WHEREAS, tfiere has been submitted to the City Council a contract between the
City of Aspen, Colorado and Randall and Blake, inc. (RBI) regarding the City of Aspen
Part Two Agreement for Construction of the Moore Playing Fields, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager
of the City of Aspen to execute said contract on behalf of the City of Aspen.
Dated:
John S. BenneLl, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of
the City of Aspen, Colorado, at a meeting held ,1999.
Kathryn S. Koch, City Clerk
PART TWO AGREEMENT FOR DESIGN/BUILD PROJECT
THIS AGREEMENT; made and entered into on June 15, 1999 , by and between the CITY OF ASPEN,
Colorado, hereina~er called the "City", and Randall & Blake, Inc. (RBI)
hereinafter called the "Design/Builder".
WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other
Contract Documents for the work herein described, and has approved and adopted said documents, and has
caused to be published, in the manner and for the time required by law, an advertisement, for the project entitled:
City of Aspen Moore Playing Fields, and,
WHEREAS, the Design/Builder, in response to such advedisement, or in response to direct invitation, has
submitted to the City, in the manner and at the time specified, a sealed proposal in accordance with the terms of
said Invitation for Proposals; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted in response to the published Invitation for Proposals therefore, and as a result of such
canvass has determined and declared the Design/Builder to be the most responsive proposer for the said Work
and has duly awarded to the Design/Builder a Part 2 Agreement therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Part 2 Agreement herein mentioned:
1. The Design/Builder shall commence and complete the Work as fully described in the Contract
Documents.
2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment, labor and other
services necessary for the Work described herein.
3. The Design/Builder shall commence the Work required by the Contract Documents within seven (7)
consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time
indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the
Contract Documents.
4. The Design/Builder agrees to perform all of the Work described in the Contract Documents and comply with
the terms therein for a sum not to exceed seven hundred fifty thousand, fifty-nine dollars, and no cents
($750,059.00) as shown in the attached proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of Aspen
General Conditions for Design/Build Project and in the Special Conditions, if any. The Contract Documents are
.... included herein by this reference and made a pad hereof as if fully set forth here.
6. The City shall pay to the Design/Builder in the manner and at such time as set forth in the General
Conditions, Unless modified by the Special Conditions, such amounts as required by the Documents.
=~,: 7. This Part 2 Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the
Contract Documents, this Part 2 Agreement shall be subject to the City of Aspen Procuremerit Code, Title 4 of the
~ ~ Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding
: upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized
official in his/her absence) following a resolution of the Council of the .City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the
City and the Design/Builder respectively and their agents, representatives, employees. Successors, assigns, and
legal representatives. Neither the City nor the Design/Builder shall have the right to assign, transfer or sublet his
or her interest or obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom the Design/Builder or the City may assign this Part 2 Agreement in
accordance with the specific written consent, any rights to claim damages or to bring suit, action or other
proceeding against either the City or the Design/Builder because of any breach hereof or because of any of the
terms, covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed,
kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any
of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party.
11. The parties agree that this Part 2 Agreement was made in accordance with the laws of the State of
Cotorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County,
Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Part 2 Agreement,
the prevailing party shall be entitled to its costs and'reasonable attorney's fees.
13. This Part 2 Agreement was reviewed and accepted through the mutual efforts of the parties hereto,
and the parties agree that no construction shall be made or presumption shall arise for or against either party
based on any alleged unequal status of the parties in the negotiation, review or drafting of this Part 2 Agreement.
.14. The undersigned representative of the Design/Builder, as an inducement to the City to execute this
Part 2 Agreement, represents that he/she is an authorized representative of the Design/Builder for the purposes of
executing this Part 2 Agreement and that he/she has full and complete authority to enter into this Part 2 Agreement
for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Part 2 Agreement on the date first above
written.
ATTESTED BY: CITY OF ASPEN, COLORADO
By:
Title:
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By:
City Engineering Department City Attorney
ATTESTE~/~----~/'~/'~ DESIGN/BUILDER: Randall & Blake, Inc. (RBI)
"' 4901 S. Windermere St.
Littleton, CO 80120
it,e:
· Note: Certification of Incorporation shall be executed if Design/Builder is a Corporation. If a padnership, the
Agreement shall be signed by a Principal and indicate title.
CERTIFICATE OF INCORPORATION
(To be completed if Design/Builder is a Corporation)
STATE OF C~ c-,/~, ~,~, )
) SS.
COUNTY OF ~'~ ~ ~f~ ~, ,.~ )
On this '~ day of ~,~ ,19 ~ ~ , before me appeared
F: ~ ~t ~)~ <, e T- , to me personally known, who, being by me first
duly worn, did say that s~e is ~,) ~, ~ ~ i < '- ,,\,~.,.-~ of
~>~c,~,\ c...\\ c~,,~, ~:Xc, V-,~e. "I-,~_ - and that the seal affixed to said instrument is
the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation
by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed
of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written.'
Notary Publio
Address ~,\~,\~_-~a\
My comm ssion expires: ~'N~ \~\ ~_~ '7__~',~G L_ .
VI b
MEMORANDUM
· TO: Mayor and Council ¢
THRU: Amy Margerum, City Manager
THRU: Tabatha Miller, Finance Director
THRU: Tim Anderson, Leisure Services Director
FROM: Steve Aitken, Director of Golf
Date: May 19, 1999
RE: Contract for Architectural Sen,ices for new Golf, Nordic and
Restaurant Facility
SUMMARY: The Golf Department has been working to accomplish building a new
facility from which operations !ncluding Golf Pro Shop, Nordic, and Restaurant
Facilities will be located. This new facility is needed to improve safety, efficiency, and
location. The next step in this process is the development of Architectural Documents
and Renderings which can be used in the public approval process and competitive
bidding process for construction. Staff is recommending the approval of an Architectural
Services Agreement with Charles Cuniffe Architecture.
BACKGROUND: The concept of a new facility for Golf, Nordic and ReStaurant
operations was introduced approximately a year and a half ago. Since that time,
development for Recreation and Housing needs in this area has also been initiated. A
Parks and Recreation Facilities Improvement Bond for $13.894 Million was passed on
the May 4 election. Included in this bond was $1.6 Million for development and
construction of the Golf, Nordic and Restaurant Facility. This portion of the bond is
unique, due to the fact that the Golf Fund will pay it back over a period time.
:
DISCUSSION: To proceed with the development of the Golf, Nordic, and Restaurant
Facility a architect will need to be retained for design services. A competitive bidding
process for this service has been completed. This process included interviews with
qualified architects by a panel of both City staff and selected individuals from the
community. Through this process Charles Cuniffe Architecture was selected.
FINANCIAL IMPLICATIONS: The amount forthe Architectural Services Contract
will be $.1--5-24.~1.00ongt to exceed. This contract has been approved to form by both the
City Atto~e'~d~t~e City Engineer.
RECOMMENDATION: Staff recommends approval of the Architectural Services
Agreement between Charles Cuniffe. Architecture and the City of Aspen.
ALTERNATIVES: If council does not approve the staff recommendation, development
for the new facility will not continue.
PROPOSED MOTION: I move to approve Resolution # Z~~)
CITY MANAGER COMMENTS:
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Tim Anderson, Leisure Services Director
FROM: Steve Airken, Director of Golf
DATE: June 9, 1999
RE: Additional Information for Cunniffe Contract
Staff is currently in the design process for the Pro Shop/Restaurant
Facility. This facility is part of the overall design plan for the Golf Course,
Truscott Place Housing, and Plum Tree Field. A design team consisting of
Jeff Woods, Tim Anderson, Steve Aitken, Kevin Dunnet, DHM Design, Ted
Guy Architects, Dick Phelps Golf Course Architects, Jim Charlier, and
Charles Curmiffe Architects is involved in the overall site design. This site
design will be brought to the Planning and Zoning Commission for
approval, before specific design aspects of the Pro Shop/Restaurant are
implemented. The contract with Charles Cunniffe includes only design of
the Pro Shop/Restaurant Facility.
All of the design options, such as including the cart barn, Jr. Golf space
and/or Golf Offices in the Pro Shop/Restaurant facility will be discussed
with the Planning and Zoning Commission and are part of the design
contracts.
(So-ties of 1999)
A RESOLUTION GRANTING THE PROFESSIONAL SERVICES AGREEMENTS TO
CHARLES CUNNIFFE ARCHITECTURAL CONSULTANTS FOR THE CITY'S NEW GOLF
COURSE PRO SHOP AND RESTAURANT DESIGN, AND AUTHORIZING THE C1TY
MANAGER TO EXE~ SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council professional services agreement
for design work and preparation of bid package for the new golf course facility project.
NOW, WHEREFORE, 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 the above mentioned contractual
agreement between the. City of Aspen, Colorado, and Charles Cunniffe Architects, a copy of their
agreement of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement for professional services on behalf of the City of Aspen.
Dated: ,1999.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify tha 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
CiL~LH~S CUNhLF~ .~ ,.~,.CHJ z ~CTS ~, ~
CITY OF ASPEN GOLF FACILITY
PROJECT NO. 9914
JUNE 4, 1999
ARCHITECTUKE * PLANNING ' INTERIORS
ASPEN ° CARBONDALE * TELLUKIDE · VAIL
AGREEMENT FOR PROFESSIONAL SERVICES,
This Agreement made and entered on the date hereitnuter stated, between the UITY OF ASPEN,
Colorado, ("City") and Charles ~,~ni~Fe Architects, Aspen, Colorado C~'ofessional').
For and in considerdlion of the mtmml eove~ms contained herein, the parties agree as follows:
1. Score of Services. Professional shall perform in a competent and professional manner
the Scope of Services as set forth at Exhibit "A' attached hereto at page 23 and by this
rffcmnce incorporated herein.
Completion. 1%3fessional shall commence work immcdintely upon receipt of a writ~n
Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional ~ldll and care and the orderly prolp'ess of
the Work in a timely tn~,~er. Upon request of the City, Professional shall subnail, for the
City's approval, a schedule forthe performance of Professional's services which ~hall be
adjusted as required as the project proceeds, and which shall include allowances for
periods of time required by the City's project engineer for review and aioDvval of
submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approvcd by the City, shall not, except for reasonable cause, be exceeded
by the Professional.
3. P, avment. hi consideration of the work performed; City ~hall pay Professional and its
consultants an aggregate total sum not to cxce~ $127.655.00 in the cvcm that all Phases
are performed as requested by City. The City shall have the option of ~_~td,~g Professional
to pc'from any number of Phases of the Project. Payment shall be based upon the Fee
Proposal, for phases performed. The City sl:ml.l notify Professional of phases it wishes to
have performed via formal written Notices to Proceed Fees for Bahi{$ervice shall not
exceed the proposed mounts for each ~iven phase without prior written authorization by
the Owner. (See Schedule "A': Professionsd Consultant Fees Breakdown attached hemo
at page 26).
b. Payment shz.L1 be in accordance with manpower and pay rates and/or reimbursable
expcuses set in F.xhlbit "B' of tilLs A~reemcnt.
4. Contract Doc,ament. The following documents are atFeed to conmitute the Contract
Documents. In the event that any provision of one .Contrac~ Documen~ conflicts with the
provisions
of another, ~he provision ha the Contract Document lisr=d first below .~h, ll Jov~'a, exc.~pt as
or. berwise specLfically
a.
b. Reques~ for Proposals & Scope of Services.
c. Proposal/Cost ~tiuJatc and attachmentS, includ/ng a~l written
representations of Professional
d. InsmuCions m Proposers
c. Supplcxnenml Condi~ons, ff any
f. City's Standard Terms and Condkions for Professional Services.
5. Compliance With Procurement Code. Th~ Professional acknowledges that this
Agreen~nt is entered into subjecr ro the requirements of the Ci~ of Aspen ProcuremenI Code, Title
4, of the Aspen Mu.icipal Code. As such, th~ Professions/agrc=s to comply with all requirements
of said Procuremerit Code, and such requiremenU arc incorporate. d Izreha by thi~ reference (copies
of the code are available upon re4uest to the City for a nominal nl~._rge). Professional shall-
immediately notify the City Manager in wriling of any violation of said Code by fie City's
employees or agent. s, which violalion(s) shall be considered a breach of this Agreement. Purr~r~
fa~ure to notify the Ci~ of any violation of the ProcuremcnI Code sh3l] be ,decme. d as a waiver of
any action or defense that de Professional may have against th~ City by mason of such violation of
the Procurement. Code.
{5. Non-Assi~nabilirv. Both panics ,r~cognine r/mr this contract is one for sp~ific
services ~.rt canno~ be wansferr~, assi_Fned, or sublet by eider pard, without prior wrinen consent
of the other. Sub-Conwacdng, ff authorized, sbsll hoe relieve the Professional of any of the
responsibilities or obligations under this agreemcnL Professional shall be and r~Lin solely
responsible ~o the City for the negligent act. s, errors, and ominsions of any of his conmlt.-r%. agents
and employees, each of whom .~hsll, for exis purpose be deemed ro be an agnt or employee of the
Professional to the ext=nt of the subcontracL The City shall not be oblil;ated to pay or be liable for
/..---~\ent of any sums du= WhiCh may be due, to any sub-consuluaX(s).
'~1. Termination for Default or for Convenience of City.
a. Termination by City. TIE performance of services ~mdcr rh. is Agree= may be
terrninnU~:l by the City:
1. Whenever the Professional shall defaul~ in p~rformanc~ of thi.~ Agr~xn=nt in
accordance with its terms; ..cl fails to cure or show cause why such fai.hEe to
lx~'form should be eraused wjth~ ten (10) days (or longer as ~be City may
allow or shorter, bin nor less than J (3) days, 'for failure w provide proof
of hzst~-ce or mainte,~-c-e qf any dangerous condkion) ar ~,.d~lelivery
or mal/ing to the Professional of a notice sl~4fy~g the default. If
sad notice shntl be sere by cerl~ed mail, r=uu-n receip~ mqueswd, to the
address specified h~rein for Professional.
2
The Professional shall not be in default by reasons of any failure in
performance of this Agretment in accara~nce with its terms ff such f~ure
arises out of causes beyond tim con~ol ~.d without the fault or n~gligence of
the Professional. Such causes may include, but are not rr. scricted to, acts of
God, natural disasters, shrills, or freight ~mbargo~s, bur in every case tie
failure m pe~orm must be beyond the control of th~ Professional. Upon
.r~quest of the Professional, tl~ City shall ascertain tbe facts and failure, and, if
the. City Sh~ll deterre{ha that any failur~ to peffom consti~utecl a valid
commercial excuse, tbe pe~ormance shall be revised accordingly sncl notic~ of
default withdrawn; or
2. Wt~never for any reason and in its sole discretion the Ci~ sh.n determine that
such termination is in its best interest and convertiota.
3. Mispefform~-e by sub-consultant(s) shall not be considered a cause beyond
the con~ol.
b. Notice of Termination. In the event of t~r~in~tion for th~ convenience of the City,
the City shall deliver m tl~ Professional a written notice of termination, specifying the
reasons therefor, ~ncl th~ effective date of such termination.' The effective date shall
not be earlier thn the dat~ of hand-delivery or ttm ate of msijing of tbe notice, plus
three (3) business days. Th~ notice of termination .~h~ll be s.~m~gular first-class ma~
to the address of the Professional h~rein provided. Th~ l~ofessional or the City may
terminate this Agrerment, without specifying the r~son tl~refor, by giving notice, in
writing, adeessed to the ottmr party, specifying th~ effect/re date of the termln~tion.
No fc~s shall be m-=d afar th~ effective date of th~ trrml-ation. Upon any
termination, all finished or nnfinighed dogun~nts, data, studies, surveys, drawings,
maps, models, photographs, reports or otl~r material prcpar~l by the Professional
shall become the property of the City, Notwithstanding the above, Professional shall
not be relieved of any liability to the City for thrn~ges sust~ine-d by the City by virtue
of any breach of ~ Agr~m~nt by tl~ Professional, snd th~ City may withhold any
payments to the Professional for th~ purposes of set-off until such ~ as th~ exact
amounl of such damages due th~ City from the Professional rn~y be determinsd.
c. Tenn~ion Procedure. Af'~r th~ effective date of the notice of termination for
default or for the conveni~nc~ of th~ City, unless otherwise direted by tim City, ~
Professional shall:
1, Stop work under th~ Agr~'~ant on tbe date ~specified in tim notic~ of ~"
termination. ...
1. Place no funh~ orders for materials, services or facilities.
3. Termlnste all orders ~,nd subconlractors to th~ extent that tl~y relaw to the
pc~orm~n~ of work ~rm{n~Wd by ths not/c~ of m'mln~ion.
3
· 4. With rim approval 0~ ratification of the City, semle a~ outstanding liabilities
· n,~ all claims arising out of such tcrmfn~l/on on orders or reimbursahle in
whole or in part in accordauc~ with rids Agrc:mcnt.
d. Termination Payment. After the effective date of a notic~ of termination for the
convenience' of the City, the Professional shail submit- to the City his
c~a~ in the form of a Final invoice in accorclanco with th~ provisions in Section
heroinabove, including costs incurred and pro~ to the date of term~,~fion (bu~ nol for
fumu-c profit, which shall not'be paid), ~nt] costs incurr~l because of ~n:xin~tion,
which termination cosM sh~ no~ exce~ .lO%'of the tom] amoum of proposal;
provided, however, that in th~ event of default by the Professional, no era'a costs
incurred because of t~:~ina~on shall be paid W the Professional ant] any costs paid
shall not' be a waiver of any chkn, count~rclalm or setoff by th~ City ag~in~l
Professional on account of any dafaulL Such clahn must be submitted promptly, but
in no even~ later r~n thirty (30) days from the eff~ztive date of terw~n~tion, unless
one or more extensions are granted in wr~t~nE by the City, Upon the Professionai's
failure to submit a claim in the rime allowed, the City may review th~ information
avai/able to it and determine the mount due the Professional, if any, ant~ pay r, he '
Professiollai the srnoLmI as
e. Termination Settlement. Subjecl to Pangraph 5.d, the Profession~] and City nuy
negotiate the whole or any part of the aniount or mounts to 'b~ '~kid, upon t~rm!~rion
for default or rtre conveni'enc~ of ~ City,
f. Remedies. Th~ Pro~ssionai sI~ll have the right of appeal from any dewrrvin~tion
made by tim City under this terminal/on section; except that if the Professional
failed to submit his claim within the rime provided in Paragraph 5,d, above, and has
failed to properly request an extension, he shall have no righ~ of appeal. In any case
where tl~ City has made a determination of the mount due ~nt]er Paragraph 5.d. o/'
5.e., above, the City s~lI pay the Professionai: (I) the mount the City has
de~rrnine. d if there is no right Of appe.~/or if timely appeal has b~n tai~n, or (2) the
molllit f~n~}ly datermi'n~d on tllch app~l if an appeal b~-~ been taken`
g. Method of Avp~J. If the Professional disagrees with the City's aleterminal/on under
Pangraphs 5.tt. or 5.e., he can appeal ~i.~ decision in writing to th~ City, Such
appeal must be mac~ in writing w~rhin lwen~y (20) days of r~,~ipt in wr~rin~ of the
Cky's doteminion. Th~ City shall have twenty (20) days in which to r~spond in
wrking to the appeal. Th~ City's r~sponse shall be f~l ~rl conclusfve unless wi?hin
?h~rty (30) clays ~'om the ~ .of receipt of such r~sponse fhe Professional subn~ts the
dispute to a court of competent Jurisdiction,
8. Ccvensnt Against ConLingent tees. Th~ Professional wartann that s/he has not employ~l or
retained any company or person, other than a bona fide employ~ wort-~g for th~ Prof~ssionai,
soiloff or s~cure tb~ conn-a~, that s/he has not'paid or agree~:l to pay any company or persvn, other
4
ltmn a boni ~ ~u~loy~, any fee, commission, p~r~en~ge, brokerage fe~, ~ or ny o~r
comidcm~on con~icm upon or r~Mg from ~ aw=d or m. WnE of rbi~ co~act. For a broach
' or ~ola~on of ~ con~ wigout ~b~i~, or ~ iU dis~e~on
comiCration, or o~cmc r~ovcr, ~c ~ mo~t of ~h f~, commission, ~mgc, broWrage
· f~, ~ or ~n~Scnt f~.
9. ~dependent Co~tor Su~. It ~ ~ssl~ ~howl~g~ ~.a .~ by ~e p~cs
that ~thing ~Dt~in~ ~ thi~ ageeme~ ~ m~t ~ or
c~lo~nt ~]a~o~. ~ofessio~ Sh~ll be, ~nd Sh~ll pcffOm ~, ~ ~pcn~R Co~ctor
who a~s ~ ~e ~ or ~r b~t cffo~ ~ provi~ ~c s~d s~ices on bc~f of ~ Ci~. No agere,
~loy~, or s~m of ~ofessio~ s~t ~, or ~1~ ~ ~ be, ~ employs, agen~ or
s~ of ~ Ci~. Ci~ is ~res~ o~y ~ ~ ~u ob~
~r a ~ of co~uc~g ~e work ~ ~er ~e sole cobol of ~o~sio~. No~ of
b~u pro~d~ by Ci~ to i~ mploy~s ~Ndln~, but ~t lim~ ~, wor~' ~mpc~a~on
~n~ a ~cmplo~ ~nee, ~ aveable from Ci~
of ~of~sia~. ~ofcssio~ sh~ll be solely ~d ~c]y m~o~l~ for ~ ~ .~ for ~ ~ of
~ofessio~'s ag~, cmploy~s, s~ ~d ~b~o~clon ~g ~ pcffom~nee of thi~
Agumcnt. ~ofessio~ ~hsll ~mni~ Ci~ against ~ ~ab~
s~ ume ~ re~omibffi~ for pa~cm of ~ f~, sm~ a 1~ mcs or co~bu~o~
~s~t m ~of~sion~] ~or ~ofessio~'s employees engaged ~ ~ p~o~na~'of ~c s~i~s
ag~ to ~rc~. PReSCIeNt, ~ ~ ~EPE~ CO~OR, SBl.I. NOT
BE ~D TO WOR~' CO~SATION B~ ~ ~L BE
OBLIGA~ TO PAY ~DE~ ~ STA~ ~CO~ T~ ON
P~ TO Tm~ AG~~.
10. ~de~ca~on. ~ofcssio~ agccs to ~emni~
o~c~, employees, ~ren~ a self-~c p~l, from a ag~in~
· dcm~nH~, on acco~ of ~j~, loss, or H~m~ic, ~b~din~ cl~im~ ~ ~om b~y ~j~,
p~so~ ~j~, sic~oss, ~ease, ~a~, prope~ loss or a~magc~-w~h ac out of or ~ ~ ~y
mcr connoted wi~ ~ Ag~mcnt, ff ~h ~j~, ]ass, ~ 4~m~gc ~ ~ ~ whot~ or ~ pm
by~ or ~ cited to be ~ ~ whole or ~ pm by, ~ ~gligc~ a~, ~i~si0n, ~r, pmfcssio~
c~or of ~ ~ofcssio~, ~y abhorrent of ~ ~of~sio~, or ~ offi~r, ~loy~,
r~sc~vc, oI ag~ of ~ ~of~sio~ or of ~ ~o~t~nt of ~ ~ofessio~, or w~ch
a o~ of ~y wor~cn's ~a~on claim of ~ ~ploy~ of ~ ~sio~ or, of ~y
e~loyec of my su~o~t~nt of ~ ~of~sio~. ~ ~o~sio~ a~ ~ ~v~, h~,
~0M ~, a ~ provide ~fc~e for ~na ~fe~ ag~in~ =y
~ sole c~e of ~ ~o~ssio~, or at ~c ~on ~ ~ C~, a~
~e Ci~ ~r ~ deftroe ~osu ~ by ~ Ci~ ~ co~on ~, ~ ~h ~b~, et~im., or
dO. ~ ~ofessio~ ~o a~s to ~ ~ o~ cos~ ~nfl e~es m~ ~mm, ~I~
co~ cos~ a oneracy f~, w~er or ~t ~ such Eabfli~,
~Oundless, ~Sc, or ~ud~c~. I it ~ dc~mln~ by ~ ~p~t jud~nl of a
~on ~t ~ch ~j~, loss, or d~ma!e w~ ~ ~ whole or ~ p~ by ~ ~, omi~sion, or
o~cr ~t of ~e Ci~, ~ officers, or i~ ~ploy~s, ~ Ci~ sh~ll mimh~e
portion of the judgment am'ibuUble m such act, or.!~siom or o~r ~ of ~ C~, ~ o~ccm, or
~ploy~s.
e~mc, a policy or policies of ~ m~ci~ m ~ ~n~t ~
~d o~er obligadom ~ by ~ ~of~sio~ p~t m Scion 8 ~ve
~pos~d by tbi~ con~ or by hw. The ~o~ssio~ ~I1 ~t ~ milered of
~s,. or oa~r obHgaom ~a~ p~=t m ~ 6 above by ~on of iu ~=e to
m~cienl mo~u, dmfion, or ~s. "..
Professio~ m proc=c ~ ~m{n, ~ ~ ~e covemg~ lis~ ~low.
coverages s~l be con~ously e m cov:r ~ 'lhb~, c~s~,
obHEadom u~ed by ~e ~ofessio~ p=~ m Scc~on 8 above. ~ ~
poIicy, ~e nccess~ ~c=oacdvc da~ ~d cxmnd~ mpo~g pe~o~ s~
applicable h~s for ~y ~mploy~ mgag~d ~ ~ pdo~ of
and E~.l~ers' ~bili~ ~e wi~ minim~ limiU of Uo,~ss than ~ ~m 0f Colorado,
smmto~ rainimp. Eviden~ of q~ed se~-~ m~ may
Wor~en's Co~e~a6on r~u~m of this
(~) Co~rc~ ~neral ~ili~ ~me M~ ~in~u~
applicable m ~1 pre~es ~ op=~om. '~ ~Hcy ~ ~lu~ covenge for b~y
~ju~, broad fore prope~ damage. (~luding ~mple~a ope~o~),
(~clu~g coverage for ~c~ ~ ~loy~ ~U), b~t
~resB pro~ion.
(~) ~r~ive A~o~bi~ ~ili~ ~ ~
limits for ~y ~j~ ~ pro~ ~g= of ~t less-~
~OUS~ DOv.~-~ ($3~,~.~) ~ ~ ana
o~, ~ed an~ non~ veMcles ~si~ m or ~ ~ ~ffo~ane~ of ~ S~ of
Work. ~e policy ~ coHr~{n a sev~b~ of ~n pro~ion.
no o~d automob~es, ~ mqee=m of th~n S~doD ~h~l} ~ ~ by
Professio~ provi4ivE se~i~s w ~ C~ ~r ~ ~.
(iv) Professional's error & Omissions ~'ability insurance with the minimum limits
of ONE MIt_I ION DOl I-&R.S ($1,000,000) ~ach clahn and ONE MI7.1 ION DOIJ ARS
($1,000,000) aggregate.
(c) The policy or policies reqnired above ~hall be endorsed to include the City and_ the
City's officers ~md employees as additional insureds, Eve~ policy required above Shall be p~
insurance, nnd any imuzance ctrried by the City, its officers or employees, or c~ried by or provided
titrough any me pool of the City, shall be excess nnd not contributory insurance to tht
provided by Professioml. No additional insured endorsement to the policy required above shall
contnln any exclusion for bodily injury of propert7 dlmage alLSing from completed operationa. The
Professional shall be solely responsible for any deductible'losses under any policy required above.
(d) The certificate of me lxovided by the City shall be completed by the
Professionnl's insuran~ agent as evidence that policies providing tl~ required coverages, Conditions,
and minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commen~esn,'nt of the contract. No other form of certificate shall be used. The certificate
shall identify this contract nnd shall provide that the coverages afforded under the policies shall not
be canceled, terminated or materbliy chnnged until at least thin7 (30) days prior wrirmn riotide h.~
been given to the City.
(e) Faiinre on the part of the PrOfessional to procure or m~intain policies providing the
required coverages, .conditions, and ~ninimmn limits shall constitute a ma..~.rif.ai breach of contra~t
upon which City may immediately terminate this,Agreement, or at its ~scretion .City may procure
any such policy or a~y extended reporting period thereto and may pay any and all premiums in
conne:.tion therewith, nnd an monies so paid by City shall be repaid by.Professional to City upon
demand, or City may offset th~ cost of the premium~ against monies due to Professioml from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto nnderstand ,ha agree that City is relying on, and does not waive or
intend to waive by any provision of this Agreement, the monetary limitations (presently $150,000.00
per person and $600,000 per o::urren:e) or any other rights, immunities, and protection provided
by ti~ Colorado Gove~ Immunity A:t, Section 24-10-101 tt seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
12. C'itv's Insurance. TI~ parties hereto unders~n~id that the City is a m~mber of the
Colorado Tnt~-rgOVe~u,u~:l~l Risk S]:IBX~g Age~"y (CIRSA) and as such participa. tes in the CIRSA
Property/Casualty Pool. Copies of tt~ CIRSA policies and manual are k~t at the City of Aspen
Finan~ Department and are available to Professional for inspection during normal business hours.
City makes no l'~prese~t~tlons whatsoever with respect to specific coverages offered by CIEP, SA.
City shalI provide Professional reason.hie notice of any changes in its membership or participation
in CI~A.
14. Ownership of Design Materials and Documents.
7
a. The copies or other r,r,.~ble embod{rnents of all design materials, whezher or not such
materials are subjec~ m in~ell~cmaj properly prore. on, including but not lkn/rt.d to
dOC~rnellts, shop drawinffs, computer progr~m~ developed for the Projec~ or if such
program.~ are not the property of Professions/or Sub-consulmm, dam,
drawings, skcmhes, llhlstndons, specifications, descriptions, models, as-built
' documems, and any other cIocumems developed', prepared, furnished, delivered or
rqquired to'be d~liverecl by the Professional or Sub-cousultm to City under the
Conwaa DocumenLs (collec~jvely ~Design Materials") shall be and remain the
property of Vne City whether or not the Project is commenced or complete. d; provided,
however, dmt Ciry'mnlc~-s paym~ for'th~ documents in accordance with
Agreement. During the ~erm of the Agreement, the Professional .,ha)) he responsible
for any loss or dama. ge to th~ Design Materials, while the M~mrhls are in
possession of the Professional or any of its SubconJ~ac~ors, and any s~ch Design
Ma~er'lag lost or clan~ged shall be r~placed or restored at the Professinnal's exp~use.
The im~I/ecnml property rights,/f any, w the con~ents of or concepts embodied in the
Design Materials shall belong [o the Professional or its Design Sub-consutm in
accordance with theLr con/he.real relationship and may be copyr~ht~zI by them in
UUl~I -q~at~s or in any orJaer country, or be subjecz to .any or.T~r in~llecmal properly
promc~ion.
b. As to those De. sign Ma~rlals subj~a to ;opyrigh~ or as to w. hi.ch patent or Ir~lem.rk,
or any other form of inr~llecm-~ p~operty promc~ion has be~n, is or will be obtained,
~ Professional grants m Ci~ as of the da~e t:haz r. he Design Materials are delivered or
required W be'delivered to the City, a world-wide, paid-up, nonexclusive,
non/:rznsferabie (excep~ as provided) license for the term of intell,-cmal property
prot~v. ion, for the City to use, reproduce .rid bzve reproduced, display and allow
others to display and to publish and allow others to publish, in any manner, at any
xime and as 0fT~n as i~ desires, with or without compensation to the Professional or
any third party subject to th~ following resn'icdons: (a) All copyright ._.d ofaer
'imeliecv, ml proprietary fights in or relating to any of r. he Design Mamrials,
remain the property of the Professional or Design SubconWactor wbether or no! r~he
Project is construcr~i..It is understood that. exert as provided in this paragraph,
Professional .nd Design Sabconn'actor shall have the righz to use any detail, part,
conc~p~ or system(s) shown on, spe:ifled in, or inferable from the D~sign M-~erlals
on any other projea .-~ to re~.i. copies for the Professional's or D~ign Sub-
consult. nr's future use; (b) Ch'y .h.n nor. without prior wriv.~n consesl of
Professional or Design Sub-cousultant use Design Materials or documems, in whole
or in part. for the consmlction of any other project. If, howev,'r. City agre~ w
~.' indemr~i~y the owner of th~ hl~llecnn/properry rifthis a~in.~t liabilivf ari.~in_~ f~om
th~ mi.~ase or incorrec; use of. Design Materia/s by Ci~, City shall be endfled w, at
.j. ~o additional cost to the City, use 'such mamrials ..d docun~nts for addirious,
irnprovemenIs, cl~nges or a.lt~r. fions to the Project afmr comple~ion. If Professional
is in default ~mder thi, Conna ,ntt the Conwact is r~rminamd, Cil~ shall be
to use ~he Design Mazerials for completion of the Projec~ by others without addir. ional
8
compensatiom or a release, indem,nif~,-'ation or other aclion by City; (c) Any
reproduction of the Design Materials or pan of them ~h~ll be faith. fill and acclxratc to
the original and of good quality; (d) City .~hall not remove or alter, ~nrl shall
rcproduc~ and promi~clltly display on all couples m_~d~ by City, the copyright noti~
and other proprietary legends appearing on the Design Mm,~ials when delivered to
City. The reslricfions set forth in (c) and (d) above shal_l be imposed by City on any
third party to whom the City allows to disphy or publi-~h 1:hc Design Martrials.
c. h is undel-swod, that City considers the Projcct's aggregate art. ca expression
(that is, the overall combimrion of the Projcct's visually apparenI design fcazres)
and any distinctive individua/fcaw. res, to I~ unique and of co-~m~'rcial value, ~ the
l%ofcssional .nO its Design Sub-constllt~r~f-~ aglrc~ llot to design or btlild, or allow
or. her third pardes the use of tbe Design Mamrials to design or build anolhe~
sa-ucmre(s) having a subsf.~ri.lly similar arctfi~cmral expression so limt an average,
person would r~law the structure(s) m fi~ Project. Professional ..dils Design Sub-
consulmats ~lull, however, be fr~ to usc indiYith~al lealures from fiac Project or
combinations of f~amrcs in other projects, so long as ~ Professional complies wilh
the first sentence of this paragraph. Professional shall include this provision in
cont~'ac~s with its Design sub--consul~znts .,~d provide copics of these agr~ments to
City.
d. As of the con:lusion of tc Projc~, or in the evc~ of mrm.i~.~pn of Tj~ AgT~mcn~,
Professional shall turn over to City any of thc Dcsign. Ma~rials referred to in above
which ha~,c nol yet been submilI~d to City. ProfcssionaJ shall st~bmk the Design
Materials to City ~ithi~ mn days of li~ conolusion of the project, or date of
lerminaion. In the, evcnI of the failure by 'Professional to m s~ch delivery as
provided above, Professional ShAll pay City any s.m.~cs City my sinstain from
failure.
1~. Armuat A~oropristions. If thi.~ AgrccmcnI is awarded as 'a rcsuh of a proposal that
cx'tcnds beyond ~1~ calendar year, no~hl.g heroin sh~l! be consu'u~l as an obli~alion by the City
beyond any mounts that may be, from flm~ to flma, at~proprial:~cl by T.M City on a.n ..nual basis. h'
is uridcrstood ttml payment under any agrc~m~nI is co-,tirional upon ..rn}.! appropriation of
by said govcrnl.g body and Ilml before proYidinl~ services or materials for which fireft, have not
b~n appropriated.
16. Completcx~ess of Ai-reement. I~ is expressly agr~d that lifts agreement com. l-. th~
e~ire -,~crraldng of the panics rclevan~ Xo the: subjecI mailer fi~-~f ..a there arc no verbal or
wri-en rcpn:senta~ons, igre~mcnts, warr.~rlcs or promises pcrt. i,~i.g ~ th~ projcct mal~:r T~reof
not expressly incorl}orar.~cl in fhi~ writing.
1'7. NotiCe. Any wrincn notices as called for t~rcin may be hand delivered to The
r~spcaive persons ~,~d/or addresses lis~d below or mailed by c=rfi~ m.il r~rarn rcccipl requcsmd,.
Ci~: Profeisio~m/: Charles Cunniffe Architects
Project/vlam~r
Cky of~l~n 610 E. H~an ~venue
130 Sou~ ~=~ S~r Aspen, CO 81611
~e~ Colo~o 81611 {970) 925-559ff
18. Non-D~c~jn~on: ~niW.. No a~inn~On ~e Of ~e, color, ~, ~x,
bsn~csp, 0r re~Iion
co~. ~of~sio~ ~ W ~t ~ of ~e ~ of C~'s nmie~ ~e, 8~on 13-
~(n~E W ~~.~on ~ ~io)~. ' '
19. Waiver.
op~ ~ a w~ver
condition of
forba or ~Ee~ by ~ Ci~ ~ =y r~d w~soever ~h. II ~t c0m~,~ a w~ver of ~y
covensnL or cordon
~ple~ peffOD~n~ by ~of~sio~ of s~d
~vo~ =y reay avable W k ~er ~ A~ or by law d~i~ ~y ~h ~ or
ind~gc~.
20. Exe~afion Of
No~d~-~ nTh~~ m ~ ~ ~n~ he~ rh~. ~ S~ not ~ b~ ~n
Ci~ ~s ~y ex~u~ by ~ C~ ~r or ~yor d ~c Ci~ of ~n (or a d~y
au~a o~c~ ~ ~ ~sen~). foHo~ a Moron or hsolu~ of ~e Connc~ of a C~ of
au~o~g
smc.
21. ~General T~rms.
(~) I~ is .agr~i char =~fficr rids a~mm~nz nor my of ks terms, pro,visions,
conditions, l%'pr~senlafions or coven~-~ can be mod/~ed,' nb~'n,~:l, trz"mfnntr4 or ~mendcd, wa/vcd,
superseded or extended exc¢pt by appropriam wldrmn inmmnEnl fu]/y ~-,~_~t,"d by tIE pardes.
(b) If any of the provisions of rh~ agr~mrni ~h~lt be held invalid,' illegal or
un=nforccable ff ,,h=n not affea or h~p, air ttm validily, lega/i~ or' emforcubility of any offier
provision.
(c) TI~ panics acknow1~ige and undersr~ ~al there are no conditions or
tlmiilldOl~ D t'h'~=: ,,naPfatal]din[ ~:,Cp[ those a~ coI1Billcd hcr~ill at The r~Tne Of ~ ~X~,'%IdO~ hrf~Of
=ha that after execution no alr,~-.~ion, c~¢ or modification ~h.ll be rn~-4e 8XCqVt I/p(X1 a wl-hhag
si~ by th= parr/ca.
10
(d) This agreement shall be governed by the hws of the Stat~ of Colondo as from
time to time in effect.
IN WITNESS WKER.EOF, the parties hereto have ex~ut~d, or caused to be executed by their duty
mthoriZ~d offic/aLs, ~ Agreement in thr~ copies each of which ~h~!l be d~mzd n original on tl~
clat~ h~r~-~r vain-n:
Dam, d:
ATTESTED BY: CITY OF ASPEN, COLORADO:
By:
PROFESSIONAL:
WITNrESSED BY: Charles C~niffe Archi'+~ts
By:
Charles L. C~nniffe, AIA
APPROVED AS TO FORM BY: REVIEVv'ED BY:
City Attorney Project M.n.ger
g:~c~rm~sgr%golf sgr for I~o~lentic~
11
.E,x.'~IT
SCOPE OF WORK
Arch/~mra/."d Eng~nee..'i~ Services for the
City d .4dpe~ ~ Pro Shop/Restam'anVT,'--;,, & parl~-~= Lot Fae~h7
The basic serdccs of ~ A.m. hirecI slid his or her sub-consullznl~ ,hat1 il~-~' ~ S~ n~ m
A No~ ~ ~e~ ~ ~ by ~ C~ ~ ~ ~r ~ ~e ~ ~ u n~ b~ ~
~ed n~s~ by ~ ~W. ~ C~ ~y e~ ~t W ~ ~e ~ w ~ ~y n~ of
T~ ~d Con~ho~ for ~i~ ~ S~u Con~, ~ ~ h~
P~E 1: P~G & CON~ D~IGN
~pmi by PI~(ns a bin( C~slon nd CiW Co~
for ~ comp~c~ ao~ i t~ ~; ~e ,-,l~; ~, ~ md ~ hsu~ ~d ~A
~mvc. ·
lh) lh~r~ l~obabl= Construeion Cost - ~ ~haIl ~t a ~ ~t of ~b~le ·
~on ~ ~ ~e Ci~ Go~D~r f~ ~d shall ~ ~i~ c~g~ ~ n~s~ ~ k~
· e ~j~ ~ ~h~ bud~L ~e ~t~ ~ll be ~ ~ ~ a ~t of ~b~le
Co~on C~ ~ong ~ ~ ~i~ for s~
lj.) ~i~ ~ ~ ~ ~d ~ ~c~ p~ ~ pubic
~s~ w pl~nin~ nd ~n:~ ~i~ a a not nc~ ~e ~ ~o~:e ~r~ p~e ~o~
P~E 1: DE$I~ D~OP~
· Ele~on ~ ~cl~g b~g h~ ~d o~ ~i~
· Si~ p~ ~ ~os~ n~ b~g, ~ ~o~, ~ p~g lot
· ~e p~ ~d U~ pl~ on 1~ ~ 20' my~
· ~os~ b~g m~
· Go~ ~ w~ si~
· ~p~ si~ lo~
· ~ ~i~ ~h~ll ~ ~ ~m a Col~o PL$
2b.) ~cx ~ ~e ~e Ci~ of =y ~j~ w ~i~
c~on ~s~ ~ ~e Ci~.
2c.) ~wct ~ be ~d ~e at ~d ~ i~ d~i~
Commission ~ Ci~ Co~c~ for F~ P~ ~n~l ~m~.
~qa~ sfiptd~t~d by P a Z ~d Co~c~ ~ oon~fi~ of~
P~E 3: CONS~ON DO~S & B~ PAC~GE
3~) ~e ~cx ~h~ll wo~ closely ~ ~e Ci~ Anomey's o~ce
3c.) ~e ~a sh~ll ~ a c~dn~ s~nnt of probable
~ w ~e Ci~ ~j~ ~tor nd ~e Ci~ ~, fo~o~g ~mplefion of ~e ~1 ~i~ ~e
~b~l~ cost ~t ~or ~ ~--,~e of co~on ~sx s~ not
bid ~g.
P~E 4: B~D~G
4~) ~ ~,~p~ ~d pa ~ ~ afton ~s.
24
4b.) The Architect shall be required to assist the City in evaluating consauction bids and
evajuating proposals and shall assist in awarding and preparing contracts for cons~on.
PHASE 5: CONSTRUCTION FI]ELD SERVICES
5a.) The design 'team will hold Pre consauction meetings with consn'uaion firm, city
staff' and project coordinator to coordinate and review conslruction sequences, activilies
and schedule, and other required subm/tt~ls.
5'b~) The Architect sh~J] assist the City in the approval and monitoring 0fthe conwactor's
construct/on schedule.
5c.) The Architec~ shall prepare a set of reprodua~le record drawings for the City
show/rig significant changes in the work made during construc~iono based upon marked
up Pr/nts, draw/rigs, and other d~,s furnished by the contraaors, including review of any
shop drawings but its subconsultants. All change orders must be ~pproved by the City
prior to any changes being done.
5d.) The Architect shall re,dew the contraetor's request for Progress payments and certify
in writing to the City any determined mounts owed to conwactors.
PHASE 6: PRO3'ECT CLOSLq~,.E & PREP.~RATION OF RECORD
DOCL'ME?qTS & WARA,~ES
5a.) Architect shall be required to submi~ any drawings or docu~nen'ts necessary for final
plat submission ~ng with County Clerk and record Architectural and a]] Engineering
draw~mgs.
db.) Please list the rate at which various professional serv/ces will be charged out for any
work not identified in the scope of work. See Exhibit B attached hereto at page
5c.) Please list re/mbursables not applicable to the o~ginal proposal. Mater/als and labor
required to construct a de;afled presentation mode] of the Golf Fac~ity, if requested by
the Owner, shal/be an Add~/onal Service and contracted for separately ~om
Agreement. A white foamboard study model of the Golf Faci~dty will be provided as par~
of Basic Service.
9~
· , *eleLuelie
jed 00*000'95 jo eeJ leuolllpPe ue eq Ileqs (S)tUG|S,(S Imnpmls eleLuelle ;o 6upeeulF~ue en e^ JoJ slueLunoo0 uolPmlsuo3 'PeulnbeJ eq I1{~ elemelle ~ed 00'000' ~$
lo eel leuol0PPe ue '81deoUo9 leuolllPPe Aue .~oJ '81deouoo lemP~llqoJe 81etuelle'(£) ee~ql ol dn .mJ ~UON, uDlsep le.lnloml8 AJeulmllejd 8epnpul slql Imll eloN ,,
'IV/O.L (3NVlt9
,00'G99'/.Z; I.$
00'000'(Z$ 00'~91-'91.$ ,00'000'£15 00'00S'G/-$ S~IVIO/RFI8
S|UOmnOO(] pJooe~
00'009' l-$ 00'0S~'Z$ 0O'000';~$ 00'000*,Z$ ~ ejnsoI9 Ise[o~d '9
seol/ueg
00'000'95 00'Z80'~$ 00'000' L$ 00'000'0~$ PtelJ uollsrulsu°3 '9
00'009'L$ 00'9695 VIN$ 00'000%$ DulpPl8 '1'
00'00G'g$ lumuelelg IsoO elqeqmd Pallele(3 'e g
el]m{~ed PIe
00'809'£$ 00'999'~$ O0'O00'Z$ 00'000' I,~$ ~, elue~unooG uol|omlsuo9
(l~ul4 ~ ~ueuPullmd)
00'009'g$ O0'99G'cj$ .O0'O00'g$ O0'OOg'cjl'$ luetud°le^~(] uOIs~(l
ulJlse[i lenldeouo9
00'00g'95 VIN V/N 00'00~'~$ ~ 6uluueld 'I-
H::iHNIDN':I H::tEINION~ H~3~NION3
'IIAI3 .':i/d/iN 'IV~IO~HIS I3311HOHV
N~O[I)IVHHH S:m~td INVi'I{ISNO3 'IVNOISSH-IOidd
V :I'3RQ:IHOS
HOURLY RATES AND PEP jOE EXPENSES
· PEINCIPAL $135.00 / hom~
SK. PKOJ'ECT ARCEITECT 115.00 / hour
/M,.ANAGEK
PKO~CT A.RC,6Lf3,'.6CT SS.00 / hour
INTERJOR DESIGNER SS. 00 / hour
PROJ]ECT MANAGEK 75.00
;OB CAFrAIN / DESIGNER 65,.00 ./. hour
DKAI~,R 55.00 / hour
ADMINISTRATi'~ 45.00 / hour
KEIM]JURSABLE EXPENSES
PRINTS, PHOTOCOPIES, POSTAGE 1.2x actual cost
FAX T]iANSMISKrONS, LONG DISTANCE TFT vPHONE
OUT OF TOWN LIVING EXPENSES, COElu'FKCIAL CAKRTF-R
YR~rrCLE AND EQUIPKENT ~vNTAL AND KISCF. T.T ANEOUS EXPENSES
AUTOMOBrr~ MTr .I~AGE $.30 /
PAY1Vrlc:NT POLICY
Pa.vmen~ ,h,n be ~ in full w;n,;,, ~fte~ (LT~ day~ of invoic" ~'IT;,~ da~e. Any
ontoroyal;-5 balance dne a~ the end of f~teen (15] days shall be subjec~ to a r.~
charge compounded monthly (18% annual rate). If payment is not received w;th;. t'h~x*y
(30) days, Chrles C=-,,;f~e Arr. hlt~ca reserves the r~Sh~ W be~- llen proceea;-~. h
the event legal counsel ~ re./red for collection purposes, the Owner sh~n also be liable
for reasonable attorney fee~, wux't casts, and all other reasonable expenses inc~zed in
coxmellon with csl/e~iom
27
ARCBI~ClI/IL! · PLANNING · llq'rT, RIOl~S
Iv'.~y-07-99 07:49A MARTIN DESIGN P.03
The following is a list of our Hourly Revisions and R:pmducdon & Reimbursable prices '
that arc u~exi afucr the conu-act scot~ has bccn oomplctcd:
HOURLY REVISIONS
if,, after ',he initial drawings arc completed and approved, changes are requested r~luiring
addi~ionsl time or major revisions arc required af-tcr si_t, ni~canl work is completed,
sigui~czmly incrusing MD's hours rcquirct to complete U'~ project, ,hi~ time v~iil be billed
at an hourly rate. The hourly rates am as follows: Fony-Five Dollars (,T~45.00) an hour for
drafting, Sixty-Hve Dollars ($65.00) an hour for pmjccl cnginccinll, and Nin~ly Dollars
(Sg0.00) an how for principal enSinming.
REPRODUCTION & REIMBURSABLES
Included in the tmafassional fees, MD will provide thr~e (3) stamped sets f~r submittal m the
building depanmenL r~vi~v sets for the Ctiem and Amhimet, and ~vo f2) additionz. l s~s or
one (t)reproducible vellum set Additional s~ts generaI~d by MD will be charged
agcording to the table below. Additional sere gene. rm~t by an ouI~i~ re4x~,~hL~ion servi~
will be billed as a r~imbursable expense. Addi~onal expenses ingurr~ stmh as postage,
messenger servi~ and overnight sea'ice (i.e. Federal Express, Express Mail, ~c.) will be
billM as a reimbttmable exp~nse. All rv. imbm-sable expenses will be invoiced to ~c Cli~m
zi 1.15 the incurred expense.
MID REPRODUCTION RATES
24x36 Bond Copi~: $1.25 ea
30x42 Bond Copies: $2,00 ea
24x36 Vellum Reproducible: $6,00 ~a
30x42 Vellum Rtproducible: $9.00 ea
VI
Memorandum
Mind - Bod~ - Spirit
TO: Mayor and Members of CounCil
FROM: John P, Worcester
DATE: June 14, 1999
RE: Roundabout Funding IGA - Resolution No. L~C
Attached for your consideration and review is a resolution which, if approved, would authorize the
City Manager to execute an IGA with Pitkin County for the funding of the roundabout. I believe the
IGA incorporates the informal a~reement discussed by City Council with the Pitkin County Board
of County Commissioners and the EOTC members at the last EOTC meeting.
cc: City Manager
City Finance Director
RESOLUTION NO. %
Series of 1999
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE C1TY OF ASPEN, COLORADO,
AND THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, RELATING TO THE
SHARED FUNDING OF THE ROUNDABOUT AT THE INTERSECTION OF STATE
KIGHWAY 82 AND THE MAROON CREEK RD., AND AUTHORIZING THE CITY
MANAGER TO EXEClYFE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council An Intergovernmental Agreement
between the City of Aspen, Colorado and the Pitkin County Board of County Commissioners a
copy of which contract is annexed hereto and made a part thereof.
NOW, WHEREFORE, 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 Intergovernmental
Agreement between the City of Aspen, Colorado, and the Pitkin CoUnty Board of County
Commissioners, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dated: ,1999..
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ,1999.
Kathryn S. Koch, City Clerk
INTERGOVERNMENTAL AGREEMENT
ROUNDABOUT FUNDING
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this
day of , 1999 by and between the Board of County
Commissioners 6f Pitkin County, Colorado, whose address is 530 East Main Street,
Aspen, Colorado ("the County") and the City of Aspen ("City"), whose address is 130
South Galena Street, Aspen, Colorado. The County and City are sometimes collectively
referred to as the "Governments."
RECITALS
1. This Agreement is entered into pursuant to, inter alia, C.R.S. §29-1-201, et
seq. and Article XIV, Section 18 of the Colorado Constitution.
2. The Governments are duly constituted governmental entities, governed by
Boards or Councils elected by qualified electors of the County and City mentioned above,
both of which are located in Colorado.
3. The purpose of this Agreement is to set forth the respective responsibilities
and obligations of the Governments relating to the funding and potential reimbursement
of funding for the construction of the Highway 82-Maroon Creek Road intersection
improvements(the Roundabout).
4. On May 20, 1999, the Elected Officials Transportation Committee
(EOTC) approved the use of 0.5 cent Sales & Use Tax funds to pay $I, 624, 519 for
transit related elements of the Maroon Creek Roundabout, and the City of Aspen agreed
to fund approximately $1,900,000 of the Roundabout improvements. The County agreed
to fund the balance through developer contributions and other funds.
5. At the May 20, 1999 meeting, the Governments agreed that the County
should proceed with the construction of the Roundabout, and that if any of the
Roundabout improvement expense is reimbursed to the County by CDOT, that the 0.5
cent funds will be reimbursed first and in full, and thereafter any reimbursement will be
shared equally between the City and the County.
6. On May 27, 1999, by Board of County Commissioners' Resolution
__, the County approved the contracts necessary to commence construction of the
Roundabout, and also approved the necessary budgeting and authorized the chair to sign
an IGA with the City Of Aspen to reflect the funding and reimbursement agreements.
Construction of the Roundabout has commenced.
:-
7. The City has taken all necessary action to authorize the transfer of its
agreed funding to the County.
8. The Governments are authorized to enter into this Agreement, and have
determined it is in the best interests of the citizens of Pitkin County and the City of Aspen
to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The City will transfer the sum of $1,897,458.00 to the County for
Roundabout improvements, which revenue the County has budgeted for the Roundabout.
These transfers will be made as follows: The County shall invoice the City on a monthly
· basis for its proportionate share of payment requests received by the County for project
expenses. The City will transfer to the County the funds necessary to pay the invoiced
City share within five working days of receiving the invoice.
2. The County will continue with construction of the Roundabout.
3. The Governments will continue their efforts to obtain reimbursement from
CDOT for the Roundabout improvements, and the County agrees that any reimbursement
shall be distributed first to repay the funding from the 0.5 cent Sales and Use tax in fu111
then any further reimbursement shall be distributed to the Governments equally, in each
case as soon as possible.
4. Modification. This Agreement may be changed or modified only in
writing by an Agreement approved by the respective Boards of the Governments and
signed by authorized officers of each party.
5. Severability. Should any one or more sections or provisions of this
Agreement be judicially adjudged invalid or unenforceable, such judgment shall not
affect, impair or invalidate the remaining provisions of this Agreement, the intention
being that the various sections and provisions hereof are severable.
6. Notices. Any notice required or permitted under this Agreement shall be
in writing and shall be hand delivered or sent by registered or certified regular mail,
postage pre-paid .to the addresses of the parties as follows. Either party by notice sent
under this paragraph may change the address to which future notices should be sent.
Notice to the City of Aspen:
City of Aspen
c/o Amy Margerum; City Manager
130 South Galena Street
2
Aspen, Colorado 81611
Notice to Pitkin County:
Pitkin County Board of County Commissioners
c/o Pitkin County Manager
530 East Main Street, Third Hoot
Aspen, CO 81611
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKIN COUNvrY, COLORADO
By:
Leslie Lamont, Chair Jeanerie Jones, Deputy Clerk
CITY OF ASPEN ATTEST:
By:
City Clerk
3
MEMORANDUM V{ ~
TO: Mayor and City Council
THROUGH: Amy Margerum, City Manager
FROM: er~
Randy L. Ready
Asst. City Manag
DATE: June 7, 1999
RE: 1999 1/2 Cent Transit Sales and Use Tax Funding for Roundabout
SUMMARY: Attached for your review and approval is a resolution which, if approved, would
authorize the supplemental 1999 1/2 cent transit sales and use tax funding for the transit-related
elements of the roundabout construction project.
This resolution reflects the decisions made by the Elected Officials Transportation Committee at
its May 20, 1999 meeting--including the condition that in the evem Pitkin County receives
reimbursement from CDOT for this project, the 1/2 cent funding shall be reimbursed first and in
full, then Pitkin County and Aspen shall split any additional reimbursement.
~SOL~ON NO. ~
SERIES OF 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A 1999 SUPPLEMENTAL BUDGET EXPENSE ITEM FROM THE PITKIN
COUNTY 1/2 CENT TRANSIT SALES AND USE TAX FUND
WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners
and the Town Council of Snowmass Village (the "Parties") have previously identified general
elements of their Comprehensive Valley'Transportation Plan (the "Plan") which are eligible for
funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, by intergovernmental agreement dated September !4, 1993, the Parties
agreed:
a. to conduct regular public meetings to Continue to refine and agree upon
proposed. projects and transportation elements consistent with or complimentary to
the Plan; and
b. that all expenditures and projects to be funded from the County-wide one-
half cent transk sales and use tax shall be agreed upon by the Parties and
evidenced by a resolution adopted by the governing body of each party; and
WHEREAS, in November of 1993 Pitkin County voters authorized the issuance of up to
$13,650,000 of revenue bonds for the purpose of improving the public mass transportation
system in the Roaring Fork Valley (the "Revenue Bond Authorization") if such improvements
are authorized by agreement between the Parties; and
WHEREAS, at a public meeting held in Aspen Council Chambers on May 20, 1999, the
Parties considered and approved supplemental funding in the amount of $1,624,519 for the
transit-related elements of the Maroon Creek Roundabout construction project from the Pitkin
County 1/2 cent transk sales and use tax fund under the condition that in the event Pitkin County
receives reimbursement from CDOT for this project, the th cent funding shall be reimbursed
first and in full, then Pitkin County and Aspen shall split any additional reimbursement; and
WHEREAS, pursuant to voter approval the use tax had to be used first for the acquisition
of the rail right-of-way and then for other transit projects; and
WHEREAS, the Parties desire to approve the attached 1999 supplemental budget item
with the understanding that upon the successful acquiskion of the rail right-of-way in 1997, the '
one-half cent use tax revenues became available for other transit projects on an equal footing
with projects funded by the one-half cent sales tax revenues; and
WHEREAS, the City of Aspen wishes to ratify the approvals given at the May 20, 1999
meeting by adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the following 1999 one-half cent transit sales and use tax expenditure budget item
is hereby approved.
1/2% Transit Sales and Use Tax
Supplemental Expenditure 1999
Roundabout Transit-Related Items $1,624,519
RESOLVED, APPROVED, AND ADOPTED this 14th day of June, 1999, by the City
Council for the City of Aspen, Colorado.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held June 14, 1999.
Kathryn S. Koch, City Clerk
MEMORANDUM
TO: The Mayor and City Council
THRU: .~
Amy Margerum, City Manager
FROM:
Amendment to the Alpine CoWages Subdivision Plat to Rename th
SWeet "Aerie Park" to "Alpine CouP--Resolution Numberq~
Series of 1999.
DATE: June 14, 1999
SUMMIY: The Communi~ Development Depament received a request for an
Insubstantial ~endment to the Alpine Co~ges Subdivision Plat to officially rename the
access to the subdivision from "Aerie Park" m "Alpine Court." Pursuant to Section
26.88.060, Amendment to Subdivision Development Order, the requested plat amendment
can be adminis~atively appmved by the Communi~ Development Director; however, street
name requests require City Council approval.
Staff recommends that CiD' Council approve with conditions the request to officially
rename the street "Aerie Park" to "Alpine Court."
~PLICgTS: Jack Robinson, Jan Rosen, Robert Jones, Lantz Welch and La~,
Saliteman, in association with Semmu Building and Design.
LOCATION: 1240 East Cooper Avenue. See aRached vicinity map (E~ibit B).
BACKGROUND: ~e subject road provides access for the Alpine Comges Affordable
Housing project and four single family prope~ o~ers.
ST~F COMMENTS: With respect m the requested street name of"Alpine Court," staff
has solicited Ihe Engineering, Fire, Water, Streets, and Police Departments as well as the
CiW GIS (mapping) Division, Co~unications Center and U.S. Post Office to find out
whether there are any concerns with ~e proposed street name. Stuff has not been told of any
problems or concerns regarding ~e proposed name, nor would ~e proposed name duplicate
the name of any existing street wi~in Pi~in Count.
Fu~er, the street name ,Alpine Avenue" appears on the 1896 Willits Map. At ~at time, the
street was located fu~er east and on ~e noah side of Cooper AvenueMighway 82
(somewhere in the vicini~ of present day ~verside Drive). None~eless, "Alpine CouW'
does have a historic context.
If ~e street name is approved by City Council, the Communi~ Development Depa~ment
will administratively process the Insubstantial Plat Amendment. In order to quali~ as an
Insubstantial Amendment to ~e subdivision development order, the request must not violate
anyof the provisions of Section 26.gg.060(A). The provisions of said section of the code
follow, along with staffs response.
1, An insubstantial amendment shah be limited to technical or engineering considerations
first discovered during actual development which could not reasonably be anticipated
during the approval process, or any other minor change to a plat which the Community
Planning Director finds has no effect on the conditions and representations limiting the
approved plat.
RESPONSE: Naming the street is a minor change to the plat. The proposed amendment
would not have an effect on the conditions and representations of the subdivision approval.
RECOMMENDATION: The Community Development Department recommends that
Council approve the attached Resolution, allowing the applicants to rename the street "Aerie
Park" to "Alpine Court" with the following conditions:
1. Within 180 days of this approval, the applicants must complete an Insubstantial
Subdivision Plat Amendment to update the Alpine Subdivision plat in accordance with
the approvals contained herein.
2. If new street signs are needed, said signs shall be purchased by the applicants through
the City Streets Department. The sign(s) shall be installed in a location approved by
the Streets Department, and any costs associated with the installation of the sign(s)
shall be borne by the applicants.
3. All material representations made by the applicant in this application shall be adhered
to and shall be considered conditions of approval, unless otherwise amended by the
Community Development Director or City Council.
RECOMMENDED MOTION: "l move to approve Resolution Number t~g, Series of
1999, allowing Jack Robinson, Jan Rosen, Robert Jones, Lantz Welch and Larry Saliterman,
in association with Semrau Building and Design to rename the street 'Ache Park' to 'Alpine
Court."'
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A: Submitted Application
Exhibit B: Vicinity Map
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From: ROBI~ ~ ._
~k & A~ Robi~n
76 ~ne ~
~pen,~o~o 61611
FAX COVER SHEET
Total Nu:
plea~81e)e47-?0~
~0 N~th WG~ ~.~d Ave. ' f~hc 330
KA T-EM INTERNATIONAL INC.
110 East 9~k Street, u 'te C74 Los Angeles, CA 90079
Tel. (213) 624-9777 i~ax. (213) 624-9776
3!11/99 ~'~ ~ '3
DEAR LANTZ: '
I WAS GI,~,D TO BEAR WE ARE !rlNALL'~/' GETTING RID O1: "AENE".
i APPROVE OF TIIE ~NEW CHOICE "ALP!2NE COURT"
February 12, 1999
To Whom It May Concern:
I am writing this letter as the owner of Lots 1, A, B, C & D of Alpine Cottages.
Due to the cumbersome nature of the name of the adjoining road "Aene Park", I am
supporting' a change of name. "Alpine Court" is an appropriate name. Please consider
an expeditious resolution to this request.
5005 Cedar Lake Rd.
Minneapolis, MN 55422
Robert E. Jones, M.D.
P.O. Box 12122
Aspen, Colorado 81612
March 10, 1999
To Whom It May Concern:
My Wife Charlotte and I both desire to have the nam~ of our street changed to Alpine
Court. Our Aspen home is located at 440 Aene Park. Tim Semrau is attempted to have
the name changed to Alpine Court and we support this name change.
Sincerely,
Ro~;rt E. ~
TO WHOM IT MAY CONCERN:
I heartily dislike the name of our street "AENE" and wish it
changed to:
Alpine Court.
/S/Lantz Welch920-2288
~/.~/'~
lVIEMORANDUM
To: Sarah Oates, Planning Technician
Tin'u: Nick Adeh, City Enginef/~L~
'From: Ross C. Soderstrom, Project Engineer
Date: May 29, 1999
Re: Special Review for Street Name Change
Physical Address: Aerie Park, City of Aspen, CO
Legal Description: Aerie Park (a private street) located between the Woemdle Subdivision / PUD and the
Alpine Cottages Subdivision / PUD, City of Aapen, CO.
Parcel D No.: xxx. x-xxx-xx-xxx
Ax°cer reviewing the above referenced request and the previous application for Alpine Cottages Subdivision /
PUD, I provide the comments of the Engineering Department:
Discussion: This is the same request imtially made with the Alpine Cottages Subdivision / PUD application
in April 1998 although the proposed new street name is different.
1. Changes in Conditions: If the proposed s~reet name changes, timing of the action changes, or
scope of the action changes subsequent to this review, a complete copy of the revised proposal shall be
provided to the Engineering Department for review and re-evaluation. The discussion and recommendations
given in this memorandum apply to the application cover memorandum (dated April 27, 1999) provided for this
review and such comments and recommendations may change in response to changes in the naming, or timing
of the application or scope of the application.
2. Re-naming of Aerie Park: The applicant will need to provide a petition signed by the adjacent
property owners requesting the change of street name from Aene Park to Alpine Court. Verify with the City
Attorney the format and content of the petition and the requisite number of signatories to present this action to
City Council. The applicant will need to provide a letter of clearance from Pitldn County and copies of postal
receipts verifying the delivery of the notice to all utility companies, all owners of property froriling on or served
by Aene Park, the Aspen Post Master, Pitldn County, and the City of Aspen. The request for street name change
should also contain alternate names to provide a unique name not already in use and to be phonetically distinct
so as not to be confusing to dispatching 0femergency, mail or delivery services within Pitkin County.
Since this action does not involve dedication of right-of-Way, we believe this action should be enacted by a
resolution of the Aspen City Council, if the Council approves of the application. If,he proposed name change
is approved prior to the drafting of the as-built subdivision / PUD plat for the Alpine Cottages Subdivision /
PUD, the new street name should be incorporated in the as-built version of the plat ~with a note referencing the
City Council resolution by which the prior name Was retired for the new name.
3. Prior Approvals: The prior approvals and conditions applicable to the Alpine Cottages
Subdivision / PUD shall remain as previously appmved.
DRC Meeting Attendees: No meeting conducted on this application.
DRCM 1199.
1 OF 1
SOLUnONNo. 4g
(Series of 1999)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A STREET NAME
CHANGE FROM "AENE PARK" TO "ALPINE COURT" AS THE STREET NAME
FOR THE ALPINE COTTAGES SUBDIVISION AND ADJOINING NEIGHBORS
WHEREAS, the Commtmity Development Department received an application from
Tim S emerau on behalf of Alpine Cottages and the adjoining neighbors requesting approval for a
street name; and
WHEREAS, since the Alpine Subidivision street access is a public fight-of-way, only
City Council has the authority to approve a name, provided the proposed name will not duplicate
or be confused with existing street names within the City or its environs; and
WHEREAS, the Community Development Department has reviewed the application and
solicited comments from the Engineering Department, Fire Department, U.S. Post Office, Water
Department, Streets Department, Police Department, Communications Center and City Mapping
(G1S) Division, and no concerns were raised; and
V(HEREAS, Community Development Department staff is recommending approval of
the proposed street name with conditions; and
WHEREAS, the Aspen City Council has reviewed and considered the requested street
name, and has reviewed and considered those recommendations made by the Community
Development Department; and
VVI-IEREAS, the City Council finds that the proposed street name, with conditions, meets
or exceeds all applicable criteria of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO as follows:
Section 1:
That the Aspen City Council hereby approves the applicants' request to rename the street
"Aene Park" to "Alpine Court," with the following conditions:
1. Within 180 days of this approval, the applicant must complete an Insubstantial
Subdivision Plat Amendment to update the Alpine Cottages plat in accordance with the
approvals contained heroin.
2. If new street signs are needed, said signs shall be purchased by the applicant through
the City Streets Department. The sign(s) shall be installed in a location approved by
the Streets Department, and any costs associated with the installation of the sign(s)
shall be borne by the applicants.
3. All material representations made by the applicant in this application shall be adhered
to and shall be considered conditions of approval, unless otherwise amended by the
Community Development Director or City Council.
FINALLY, adopted, passed and approved this day of ,1999.
Approved as to form: Approved:
John Worcester, City Attorney John Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the, City of
Aspen, Colorado, at a meetin. g held on ,1999.
Kathryn S. Koch, City Clerk
TO: MAYOR AND COUNCIL ' ~//
THRU: AMY MARGERUM, CITY MANAGER
THRU: JOHN WORCESTER, CITY ATTORNEY
THRU: LEE CASSIN, ENVIRONMENTAL HEALTH
DIRECTOR
FROM: DAVID HOEFER, ASSISTANT CITY ~
ATTORNEY
DATE: MAY 13, 1999
HE: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,'
AMENDING SECTION 18.04.030(b)(6) OF THE
ASPEN MUNICIPAL CODE PERTAINING TO
"CONSTRUCTION WORK HOURS."
SUM/~IARY:
Currently in Aspen, noise from construction work is prohibited between the hours
of 10:00 p.m. and 7:00 a.m. Under the proposed amendment to the Aspen Municipal
Code, construction noise in a commercial district would be prohibited during the
hours of 10:00 p.m. and 7:00 a.m. while construction noise in a non-commercial district
would be prohibited during the hours of 7:00 p.m. and 7:00 a.m. and on Sundays.
A "commercial district" is defined as "An area zoned primarily for commercial use as
defined in Title 26 (the Land Use Code) of the Aspen Municipal Code, indluding, but
not limited to, areas designated CC, C-l, S/C/I, NC, O, and as such designations may
be amended."
The remaining language in section 18.0~4.030(b)(6) remains unchanged, but has been
renumbered.
FINANCIAL IMPLICATIONS:
~ c
The proposed ordinance has no finan ~al ~mphcatmns for the City other than the risk
of increased enforcement costs.
RECOMMENDATION:
Staff recommends adoption of the proposed amendments.
PROPOSED MOTION:
"I would move to approve Ordinance No.o~ , Series of 1999, which .amends Section
18.04.030(b)(6) of the Aspen Municipal Code by imposing new time limits on
construction noise in the City of Aspen."
CITY MANAGER COMMENTS:
ORDINANCE NO. 21, SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 18.04.030(b)(6) OF THE ASPEN
MUNICIPAL CODE PERTAINING TO '*CONSTRUCTION WORK HOURS."
WHEREAS, the City Council of the City of Aspen previously adopted Mtmicipal Code
Section l 8.04.030 pertaining to "Noises Prohibited," which included a sub-section Co)(6)
pertaining to "Construction Work," and
WHEREAS, Section 18.04.030Co)(6) currently prohibits construction work noise during
the hours of 10:00 p.m. until 7:00 a.m., and
WHEREAS, the City CounCil of the City of Aspen finds that it is in the best interests of
the community to further restrict construction work noise in non-commercial districts by
not permitting construction noise in such districts between the hours of 7:00 p.m. and
7:00 a.m. and on Sundays, and
WHEREAS, the City Council desires to adopt the following code amendment for the
benefit of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Sub-section 18.04.030(b)(6) of the Aspen Municipal Code is hereby repealed in its
entirety and re-enacted to read as follows:
(6) Construction work. Operating, or causing to be used or operated, any equipment,
mechanical or non-mechanical, self-propelled or manually manipulated, used in
construction, repair, alteration or demolition work on buildings, structures, streets, alleys,
or appurtenances as follows:
(a) Within a commercial district during the hours from 10:00 p.m. until 7:00 a.m.
(b) Within a dis~ct not defined as a commercial district during the hours from 7:00
p.m. until 7:00 a.m. and on Sundays.
(c) In any defined districts where such operation exceeds the sound level limits for a
floating industrial district as set forth in section. 18.04.040.
(d) This subsection shall not apply tO emergency work as defined 'in section
18.04.020(1), but such work shall be exempted only for the minimum period of time
necessary to make the emergency repair(s).
Section 2
This ordinance, when effective, shall not have any effect on exisfmg litigation and shall
not operate as an abatement of any action or proceeding then .pending under or by virtue
of the ordinances repealed or amended as heroin prohibited, and the same shall be '
consmaed and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
mason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4
A public hearing on the ordinance shall be held on the 14th day of June,
1999, in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 241h day of May, 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
MEMORANDUM
TO: The Mayor and City Council
THRU: Amy Margerum, City Manager
Joyce Ohlson, Deputy Director ~ ' '
FROM: Mitch Haas, Planne~/~
DATE: June 14, 1999
SUMMARY: Pursuant to Ordinance Number 13, Series of 1998, the Community Development
Department has received an application requesting approval to establish and operate a farmers'
market in a City of Aspen right-of-way (see Exhibit A), Like last year, the applicants are seeking
permission to use East Hopkins Avenue between South Galena Street and South Hunter Street as the
market location.
As proposed, the market would operate just as it did last year --- on Saturdays (once per week) and
be open to the public from 8:00 a.m. through 4:00 p.m. These hours would mean that the selected
street would need to be closed to vehicular traffic from approximately 7:30 a.m. (for set-up) through
4:00 to 4:30 p.m., depending upon the extent of clean up needed on the particular date. In addition
to closing the street to vehicular traffic during these hours, overnight parking on the chosen street
would need to be prohibited on Friday nights in order to ensure the ability to set up the market at
7:30 a.m. the following morning. Also, the market would begin its season on June ,26th and run
through the end of October, weather permitting.
Staff recommends that City CoUncil approve Resolution NUmber q'6t , Series of 1999 with the
conditions outlined in the License Agreement attached to said Resolution as Exhibit 1 thereto.
PREVIOUS ACTIONS: On June 8, 1998, the City Council adopted Ordinance Number 13, Series
of 1998, approving a set of code amendments that make farmers' markets a permitted use in the
Commercial Core (CC), Commercial (C-l), Neighborhood Commercial (NC), and
Service/Commercial/Industrial (S/Ca) zone districts, provided a vending agreement has been
obtained pursuant to Section 15.04.350(B) of the Municipal Code. Ordinance 13-98 amended
Section 15.04350 to allow for City Council approval of a farmers' market pursuant to the review
criteria contained therein.
BACKGROUND: Before the approval of !ast year's market, staff took the position that there are
many reasons allowing farmers' markets is advisable. This position included the argument that
farmers' markets have, in other communities, been successful in helping to breathe new life into
downtown neighborhoods by generating pedestrian activity and community interaction. That is,
farmers' markets create a community meeting place; not only do they provide an opportunity for the
farming community to interact with other community members, but they are also places for informal
interaction and communication among the rest of the community. A meeting place is an important
contributor to the social fabric, allowing people to feel connected to each other and their community.
Staff further argued that allowing for the establishment of a farmers' market in the commercial core
is in harmony with the goals and vision of the Aspen Area Community Plan, and a farmers' market
would go far in supporting the concept of "messy vitality" which is so heavily promoted by the
Aspen Area Community Plan, The following passage from the AACP's "Community Vision"
statement provides the be~t summation/response to the question of why should a farmers' market be
located downtown:
We are seeking to create a community of a size, density, and diversity that encourages
interaction, involvement and vitality among its people. Aspen's unique spirit is in danger of
eroding into a bland and irrelevant society lacking its former character ... The image of
Aspen as an organized facade needs to be injected with a 'messy vitality' that originally
created Aspen's renowned cultural and sociological diversity. Aspen as a community should
avoid an environment that is too structured, too perfect, and that eliminates the funkiness
that once characterized this town.
Based on the experience of last year's market, staff feels its position has been validated. The market
was a success, with the only complaints involving a feeling that more vendors and greater diversity
were needed. In -fact, the market received an award from the Historic Preservation Commission for a
new, community activity contributing positively to an Historic District.
There were eight (8) vendors last year. For this year, the market has confirmed the addition of at
least five (5) new vendors with the hope of adding two (2) more before the season begins, for a total
of fifteen (15) vendors. The following list indicates the confirmed vendors for the 1999 season, what
they produce and sell, and where they come from, with those that were part of last year's market
denoted by the asterisk (*).
· *Westwood Farms of Paonia --- chutneys and fruit preserves --- Kathy and Mike Woods
· *First Frfits Organic Farms of Paonia --- assorted organic fruits --- Kris and Kevin Kropp
· Ottorino's Fresh Goutmet Pasta of Glenwood Springs and the Roaring Fork -~- pastas and sauces
~-- Patricia and Otto Studhalter
· Okagawa Farms of Grand Junction --~ produce and fruit -~- Steve Nieslanik
· *Ute City Herbs and Flowers of Aspen --~ greens, cut and potted herbs and flowers --- Jennifer
Craig
· *Homestead Meats of Paonia --- five ranches marketing locally produced beef products --- Steve
Kossler
· *DeVries Farm Market of Grand Junction --- produce, fruit, and some flowers --- Bill and Stacey
DeVries
· *Forte Farms of PaliSade --- assorted fruits -~- Peter Forte
· Glenwood Honey --- assorted honey pl~oducts --- Roy and Manha Rickish
· McLane Flats Flowers of Aspen --- assorted flowers, herbs, hanging baskets, potted plants "-
Jim Herrel
· Tri Herbal Divas of Carbondale --- herbal remedies --- Alicia Michelson
2
· Louis Swiss Bakers of Aspen -~- assorted bakery items --- Cookie Grant
· *Hillside Acres of Paonia --- organic produce, flowers, and herbs --- Jack and Janice D'Orio
As demonstrated by the list above, the market will have much more diversity as well as a greater
selection between vendors selling similar items. The street would be filled closer to capacity with
the additional stands, as fifteen vendors would represent close to a doubling of the amount of
vendors that participated in last year's market. Also, as can be seen by reviewing those vendors that
were not part of last year's market (no asterisk), the farmers' market will include significantly more
local representation with the five new additions: three Aspen-based participants, two Glenwood
Springs based participants, and one Grand Junction-based participant. Last year's market included
only one Aspen-based vendor, Jennifer Craig, who will also participate in the '99 market. Thus,
seven (7) of the thirteen (13) committed vendors will be residents of the Roaring Fork Valley.
DISCUSSION: Based on the success of last year's market and the community support for the
concept, staff is recommending that the new rending agreement be approved for a period of three
(3) years so that the market group would need not reorganize and re-apply every year. By avoiding
the need to re-apply every year, concern over when the market will start and time needed to process
an application for a vending agreement would be eliminated. Staff further suggests that the
vending agreement include provisions lfor the Community Development Director to be able to
administratively modify the list ofapproved vendors while maintaining City control over such issues
as keeping the market one "of and by farmers" without degradation into a crafts fair or flea market
type of atmosphere. Such a provision would require the Community Development Director to
approve any new vendors for which the market group requests inclusion, provided the vendor and
the items to be vended are consistent with the City's adopted definition of "farmers' market," the
spirit of the "farmers" market concept, and the terms and conditions of the vending agreement.
In terms of standards for City Council's review of the proposed Vending Agreement, Ordinance
Number 13, Series of 1998, requires only that City Council "incorporate such rules and regulations
which it deems appropriate in rending agreements." Also, the Community Development Director is
to '~romulgate rules and regulations for the establishment and operation of farmers' markets."
Staff has used last year's farmers' market vending agreement (Resolution Number 46, Series of
1998) as the rules and regulations for the establishment and operation of farmers' markets; in
addition, based on the 1998 Vending Agreement and the experience of last year's market operation,
staff has drafted the currently proposed Vending Agreement in a manner that hopefully incorporates
such rules and regulations as City Council would deem appropriate. Of course, should Council
degire to add, modify, or delete any of these rules and regulations, staff will accommodate the
desired revisions.
One such rule and regulation of the proposed Vending Agreement that warrants particular attention
is found in Section VI. of the proposed Agreement, and was part of the !998 Agreement as well.
Section VI. Of the proposed Agreement states that, "The City hereby reserves the right to review this
License Agreement after each market seasoti, as provided above [a reference to the time limitations
of the "season"]. Upon review, the City Council may, at its discretion, decide to revoke the rending
agreement, extend it with new or revised condition~, remove conditions, or require moving the
market to analternative location." Staff feels this condition warrants specific attention because it
provides. Council with a safeguard to exercise its authority should problems arise with the market,
3
should Council want to change the Agreement before the suggested 3-year period elapses, should
Council want to review administrative decisions made by the Community Development Director, or
should Council desire to reconsider terms or issues of the Agreement and market in any other way.
RECOMMENDATIONS: Staff recommends that City Council approve Resolution Number ~7'
Series of 1999 with the attached License Agreement and the conditions contained therein. With this,
staff recommends that Council approve the use of Hopkins Avenue between Galena and Hunter
Streets on Saturdays from 8:00 a.m. through 4:00 p.m., beginning on Saturday, June 26, 1999 and
running through the end oi~ October, weather permitting.
RECOMMENDED MOTION: "I move to approve Resolution Number//~, Series of 1999."
EXHIBITS:
Exhibit A - Application.
ATTACHMENTS:
Proposed Resolution No. z/t~, Series of 1999, and accompanying License Agreement (Vending
Agreement).
4
RESOLUTION No.
(Series of 1999)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE ISSUANCE O1~
A VENDING AGREEMENT FOR A FARMERS' MARKET PURSUANT TO SECTION
15.04.350(B) OF THE ASPEN MUNICIPAL CODE
WHEREAS, the Community Development Department received an application from The
Aspen Farmers' Market Group, care of Mr. Jack D'Ofio and Mr. Bill DeVries, for a Vending
Agreement for a Farmers' Market on a public street in the Commercial Core (CC) zone district;
and
WHEREAS, pursuant to Section 26.28.140, farmers' markets are a permitted use in the
Commercial Core (CC) zone district, provided a Vending Agreement is approved pursuant to
Section 15.04.350(B) of the Aspen Municipal Code; and
V(HEREAS, pursuant to Section 15.04.350(B) of the Aspen Municipal Code, a Vending
Agreement for a Farmers' Market may be approved by City Council adoption of a Resolution
finding compliance with the requirements of said Section; and
WHEREAS, the Community Development Department has reviewed the application and
recommended approval of the Vending Agreement with the conditions outlined therein; and
WHEREAS~ the Aspen City Council has reviewed and considered the requested
Vending Agreement for a Farmers' Market under the applicable provisions of Chapters 15.04
and 26.28 of the Municipal Code as identified herein, has reviewed and considered those
recommendations made by the Community Development Department and has taken and
considered public comment at a duly noticed public hearing; and
WHEREAS, pursuant to Section 15.04.350(B) of the Aspen Municipal Code, a signed
Resolution granting approval of a Vending Agreement for a Farmers' Market shall serve as the
Vending Agreement; and
WHEREAS, the City Council finds that the Vending Agreement for a Farmers' Market
meets or exceeds all applicable development standards of the 'above referenced Municipal Code
sections; and
WHEREAS, said approval was granted and was obtained at a duly noticed public
hearing before the City Council on June 14, 1999; and ·
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO as follows:
Section 1: In accordance with Sections 15.04.350(B) and 26.28.140 of the Aspen Municipal
Code, the City Council of the City of Aspen, Colorado, does hereby grant approval of the
establishmere of a farmers' market subject to the terms and conditions of the attached Exhibit 1,
the Vending Agreement/License Agreement.
FINALLY, adopted, passed and approved this __. day of ,1999.
Approved as to form: Approved:
John Worcester, City Attorney John Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify- that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on ,1999.
Kathryn S. Koch, City Clerk
EXHIBIT 1 TO CITY COUNCIL RESOLUTION NO... , SER/ES OF 1999
APPROVING THE ESTABLISHMENT OF A FARMERS' MARKET
THIS LICENSE AGREEMENT, has been formally entered into this day of
, 199._, by and between the City of Aspen, a municipal corporation (hereinafxer
"City"), and (hereina~er
"Vendor"):
NOW, THEREFORE, the parties mutually agree as follows:
I.
City hereby grants Vendor permission to establish and operate a farmers' market, under the
provisions of Section 15.04.350(B) of the Municipal Code of the City of Aspen, and for that
purpose only, to occupy an area known as East Hopkins Avenue between South Galena
Street and South Hunter Street within the City of Aspen, during the hours of 8:00 a.m
through 4:00 p.m. on Saturdays of June, July, August, September, and October during
the years of 1999 through 2001 . In addition, the following rules and regulations shall be
considered conditions of approval:
A. Vendor has agreed to limit the operation of the market to the following participants, not
to exceed twenty (20) in number without approval of the Aspen City Council (see sub-
section "B." below for the process to make modifications to this list within the limit of
20 vendors):
1. Westwood Farms ofPaonja; chutneys and fruit preserves; Kathy and Mike Woods
2. First Fruits Organic Farms of Paonia; assorted organic fruits; Kris and Kevin Kropp
3. Ottorino's Fresh Gourmet Pasta of Glenwood Springs and the Roaring Fork; pastas and
sauces; Patricia and Otto Studhalter
4. Okagawa Farms of Grand Junction; produce and fruit; Steve Nieslanik
5. Ute City Herbs and FlOwers &Aspen; greens, cut and potted herbs and flowers;
Jennifer Craig
6. Homestead Meats of Paonia; five ranches marketing locally produced beef products;
Steve Kossler
7. DeVries Farm Market of Grand Junction; produce, fruit, and some flowers; Bill and
Stacey DeVries
8. Forte Farms of Palisade; assorted fruit; Peter Forte
9. Glenwood Honey; assorted honey products; Roy and Martha Rickish
10. McLane Flats Flowers of Aspen; assorted flowers, herbs, hanging baskets, potted plants;
Jim Henel
11. Tri Herbal Divas of Carbondale; herbal remedies; Alicia Michelson
12. Louis Swiss Bakers of Aspen; assorted bakery items; Cookie Grant
13. Hillside Acres of Paonia; organic produce, flowers, herbs; Jack and Janice D'Orio
15.
16.
17.
18.
19.
20.
B. Only those listed above shall be permitied; however, requests to amend or otherwise add to this
list may be submitted to the Community Development Department and must be approved by
both Vendor and the Community Development Director. To approve additions to the list, the
Community Development Director shall find the applicant and the items to be sold consistent
with: a) the City's adopted definition of "farmerS' market;" b) the spirit of the "farmers"
market; and, c) the terms and conditions of this Agreement. Community Development Director
approvals of additional vendors shall each be documented in writing for Vendor's and City's
records.
C. At least 60% of the produce to be sold by each vendor will be grown in Colorado.
D. Those temporary structures requiring permits shall comply with applicable building codes,
electrical codes, fire codes, food service codes, and other City regulations, and be issued all
appropriate permits before commencing operations.
E. Power generators are prohibited. Amplified music, use of microphones or megaphones, or other
auditory means of advertising or attention-grabbing are prohibited.
F. All food items to be sold shall comply with any and all applicable Colorado State Health Codes
as welt as all reasonable rules, regulations and orders of the Aspen/Pitkin County Environmental
Health Department, including but not limited to "The Colorado Retail Food Establishment Rules
and Regulations, Effective Date: January 1, 1999," and any subsequent amendments thereto or
replacement documents. All prepared foods must come from an inspected facility and have State
approved labels.
G. Either the individual sellers or the farmers' market organization as a whole must provide their
own prices, signs, change, packaging, tables, chairs, etc. for sale of items. Items for sale must be
clean, fresh and pest-free; vehicles, tables, and containers must also be presentable. No produce
will be sold directly off the ground, off tailgates, or out of the trunks of vehicles.
H. Produce shall be priced by piece, count, each, package, bunch, etc. However, no sales by weight
will be permitted unless scales have a current, valid seal of approval from the Colorado State
Department of Agriculture, Weights and Measures Division, and items are weighed on site.
I. No customer admission charges will be permitted, and eating areas consisting of tables and/or
chairs are prohibited.
J. Vendor must leave the sales areas clean and free of litter of any kind. Both the individual sellers
and the farmers' market organization as a whole commits to accepting the responsibility of
ensuring that the site of the market will remain in its pre-market condition or better following
each day of operation's closing andclean-up. A failure to remove all displays, equipment or
proper~ in a timely fashion shall result in the disposal of same by the City at the Vendor's
expense and without recourse by Vendor against City.
K. To sell "Orgariic Certified" produce, the seller must have his/her current certificate displayed on
site.
L. Each and every vendor must obtain a City of Aspen Business License at the cost of a $150
business occupation tax per calendar year for each location they intend to occupy (the business
occupation tax is subject to amendment, and the City Finance Department should be consulted
for information regarding current fees). In addition, each and every vendor must obtain a State
of Colorado Sales Tax License, collect all applicable sales taxes, and remit said taxes to the City
of Aspen and the State of Colorado, as applicable. If any liquor licenses are needed, the
applicable vendor must first obtain such prior to rending and all applicable State and local
regulations must be complied with.
M. The layout of the farmers' market, including but not limited to the placement and orientation of
vehicles, stalls/stands, and pedestrian circulation areas, shall be established in a manner
acceptable to the Community Development Director. The layout is subject to alteration from
week-to-week until an acceptable layout is determined, after which time the market will be set-
up each week in a manner consistent with the layout finally approved by the Community
Development Director.
N. In accordance with Municipal Code Section 13.0&l10, Engine Idling, vehicles used by vendors
shall not be left idling for five (5) minutes or more within any one-hour period of time, unless
absolutely necessary due to emergency circumstances. Only passive refrigeration that does not
require power, such as insulated trucks, coolers, ice, etc., Will be permitted.
II.
In consideration of the privileges granted by this License Agreement, Vendor shall neither hold nor
attempt to hold the City of Aspen or the County of Pitkin liable for any injury or damage, either
proximate or remote, occurring through or caused by any use of the aforesaid locations, or for any
injury or accident occurring thereon. Further, Vendor does by execution of this agreement agree to
indemnify and save harmless the City of Aspen and the County of Pitkin against any and all claims
for damages or personal injuries arising from the operations of the Vendor hereinabove described
whett~er asserted by Vendor, its agents or employees, its guests or invitees.
III.
If legal action is taken by City to enforce the provisions of this agreement, City shall be entitled to
recover from Vendor its costs, including reasonable attorney's fees.
IV.
The parties agree that no assent, expressed or implied, to any breach of any one or more of the
covenants or agreements contained herein shall be deemed or taken to be a waiver of any succeeding
or other breach.
V.
Vendor represents, warrants and agrees that its operations herein shall be in compliance with all
applicable federal, state and local laws, ordinances, regulations, pertaining to the activities of
Vendor.
V1.
The City hereby reserves the right to review this License Agreement after each market season, as
provided above. Upon review, the City Council may, at its discretion, decide to revoke the vending
agreement, extend it with new or revised conditions, remove conditions, or require moving the
market to an alternative location.
VII.
The privileges granted and conferred by this agreement shall not be transferred or assigned in whole
or in part by Vendor.
VIII.
It is expressly agreed that this License Agreement shall not operate or be construed to create a
landlord-tenant relationship between the City and Vendor under any circumstances whatsoever.
CITY OF ASPEN, COLORADO
A Municipal Corporation
By By
"Vendor" John S. Bennett, Mayor
APPROVED AS TO FORM: ATTEST:
John Worcester, City Attorney S. Koch, City Clerk
c:XhomeXmitchh\councilXfarmagr2.doc
May 5, 1999
Mltch Haas
Community Development Department
City of Aspen
Re: Farmers Market Application
Dear Mitch,
On behal~ of the Aspen Farmers Market Group application
is being submitted to conduct our second farmers market
dOwntOwn A~pen. Specifics are:
APPLICANTS: Aspen Farmers Market Group
LOCATION: Same as last year ~- on Nopkins Between
Hunter and Galena
, TIME: Beginning June 26 and continuing to the end
of October or When driven out by snow. Days
will be Saturdays beginning S AM and running
until 4 ~M. Vendors will be arriving between
7 and 8 AM.
Presently our vendor list numbers thirteen:
-- westwood Farms of Paonia - Chutneys and fruit preserves
Kathy and Mike Woods*
-- First Fruits Organic'Farms of Paonia - Assorted organic fruits
KriS and Keyin Kro~p*
-- Ottorino's Fresh GouTmet Pasta of Glenwood Springs and the
Roaring Fork - Pastas and sauces - Patricia and Otto
Studhalter
-- Okagawa Farms of Grand Junction - Produce and fruit Steve
Nieslanik
-- Ute City ~erbs and Flowers of Aspen - Greens, out and potted
h~h~ an~ ~]~w~R - Jennifer Craig*
-- Homestead Meats of Paonia - 5 ranches marketing locally grown
beef products - Steve Kessler*
-- Devries Farm Market of Grand Junction - Produce, fruit and
some flowers Bill and $tac~y
-- Forte Farms of Palisade - Assorted fruit -'Peter Forte*
-- Glenwood Honey - Assorted honey products - Roy and MaTtha
Rickish
-- McLane Flats Flowers of Aspen - Assorted flowers, herbs,
hanging baskets, potted plants - J~m Herrel
--. Tri ~erbal Divas of Carbondale - Herbal remedies - Alicia
Michelson
-- Louis ~wiss Bakers of Aspen - A~sorted bakery ~.tem~ - Cookie
Grant
-- x~illsiae Acres of ~aenia - Organic produce, flower~ and herbs
- Jack and Janice D'Orio*
* inaics~ ~eturns from last year
FROM: D'ORIO'S--HILLSIDE ACRES , ,- m~ P02
Additienul vendors have been centacted and may be
te this list upon your approval, We predict a starting number
Of approximately [i~teen vendors, Space may be a limiting [actor
eventually,
We continue to emphasize a quality maT~et while
h~gh!ightin~'wcetern slope products gro~n b~ the ve~ao~-
i~ o~r belief that the Aspenlarders Market will continue to
evelYe into e quaint experience [er all Aspe~te~,
We appreciate theCit~ of Aspens.~ support in this endsaver,
Should ~ou require addition informa~ion p~a~ call,
E~anks h~~en
~ /Feathers Market Group
MEMORANDUM
TO: Mayor and City Council
TItRU: Amy Margerum, City Manager
FROM: JuiCe Ann Woods, Community Development Director .~.~.-.
RE: Text Amendment, Residential Design Standards--Second Reading (Public
Heating)
DATE: June 14, 1999
SUMMARY: The Planning and Zoning Commission recommended approval of
proposed amendments to Section 26.58 of the Municipal Code, the "Residential Design
Standards", (also known as Ordinance #30) in 1998. As part of the motion, the P&Z
wanted the issue of volume (bulk) to be addressed separately. (Please see P&Z minutes
attached as Exhibit D). As staff proceeded to schedule the amendments, Council
expressed a desire to have the issue of volume and bulk related to FAR addressed within
the amendments. Staff then met with City Council to further flesh out the FAR
discussion last Fall. It was decided that the FAR issue was big enough to be a separate
work program item in 1999.
At first reading on the proposed ordinance, Council directed staff to eliminate the
regulation of materials and the "street facing principle window" requirement. Though
staff presented reasons to keep the "street facing principle window", council insisted that
they believe this is over-regulation. Exhibit B reflects the modified Ordinance as directed
by City Council at First Reading. Staff further addresses these issues later in this memo.
Following First Reading, Staff sent out a mailing to local designers, architects, and
planners notifying them of the hearing; sent a notice to the Board of Realtors for
inclusion in their Boardwatch under their Multiple Listing Service; and included a notice
in the Newspore City Hall column of the newspaper, as well as the required legal notice.
BACKGROUND: The standards were originally adopted in 1995 to address the issue
.- of "monster homes." Beginning in late 1997, the redrafted ordinance was entirely
rewritten to eliminate confusing language. Standards which were problematic in
implementation were restudied, illustrations were added, and some new standards, such
as "materials" was added. The Planning and Zoning Commission passed Resolution 98-
adopting the rewritten ordinance as presented in attached Exhibit A (the issue related
to volume and bulk as a FAR calculation was eliminatedJ~om the windows section).
AREAS OF CONCERN:'
MATERIALS. Staff proposed a set of criteria which further ad&essed the over-use of
certain materials that have been used in some areas of Aspen. Staff did not feel that the
use of these materials (primarily non-native stone) was an appropriate "Aspen style".
City Council directed staff to eliminate items c. and d. of E. CONTEXT, 1. Materials.
Staff still maintains that items a. and b. pertain to the general use of materials, and should
remain as proposed. T~s appeared to be acceptable to City Council at first reading.
STREET-FACING PRINCIPAL WINDOW. Currently, under the exisfmg code, a "street
facing principle window requires that a significant window or group of windows of a
living room, dining room or family room face the street." The intention of this criteria
was, and staff believes still is, to ensure, to the extent possible, more life to the
neighborhood as viewed from the street. In the several years that this ordinance has been
in place, staff carmot recall anyone requesting a variance from this criteria. Though Staff
does not recommend that this criteria be removed from the existing regulations, Council
directed staff to eliminate this requirement. The revised language is as shown under D.
BUILDING ELEMENTS, 1. Street oriented entrance and principal window, item c.
which now reads:
",t street-facing principal window requires that a significant window or
group of windows face the ~treet ".
This new language eliminates all references to types of rooms behind those windows.
Staff plans to present a brief slide show as part of this presentation, to discuss the effect
that the Residential Design Standards has had on new homes in the community. We will
also highl3ght those issues that P&Z recommended approval of, but Council is not.
comfortable with. Staff has notified the Board of Realtors, and sent a mailing to the
architects, designers, and planners on our mailing list, notifying them of the public
hearing. Staff does expect members of the public to comment on the revised Ordinance.
REVIEW STANDARDS AND STAFF COMMENTS: The review standards for
evaluating the proposed amendment, per Section 26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The "Residential Design Standards" grew out of the AACP, particularly
through the recommendations to develop character guidelines tO help new construction fit
within the context of local neighborhoods, and to review floor area ratios in the R-6 zone
district. They also support other aspects of the Community Plan, for instance alternative
transportation efforts, in that interesting and walkable neighborhoods may make biking
and pedestrian activity more attractive than automobile use.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment does not affect land use.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The proposed code amendment does not create any additional demands on
public facilities.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The proposed amendment does not increase any impacts to the natural
environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: The goal of the amendment is to preserve and enhance the unique
character of Aspen. In recent years,. there has been a significant amount of residential
remodeling and new construction, some of which has dramatically altered the character of
local neighborhoods. While Aspen has a rich architectural history that moves beyond the'
mining era, most of the homes built before the 1980's shared common characteristics.
This ordinance is aimed at creating some basic "rules of behavior" for new or remodeled
homes in order to preserve pedestrian scale, visual cohesion, and a connection to
vernacular traditions.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The amendments are brought forward to improve the effectiveness of the
ordinance.
3
I. Whether the proposed amendment would .be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The goals of this ordinance are in ~he public interest and have support
~rom the commtmity.
STAFF RECOMMENDATION: Staff recommends that City Council approve the
revisions to the Residential Design Standards as modified in Exhibit B on second reading.
RECOMMENDED MOTION: "I move to approve Ordinance No. 20, Series of
1999 the 'Residential Des!gn Standards,' Section 26.58 of the Aspen Municipal Code on
second reading."
CITY MANAGER'S COMMENTS:
Exhibits:
A. Amendments to the Residential Design Standards as recommended by P&Z
B. Amendments as directed by City Council at first reading
C. Existing Residential Design Standards (adopted 1995)
D. Minutes from P&Z Hearings
G:/planning/aspcn/cases/texl/ord30cc2.doc
ORDINANCE N0. 20
(SERIES OF 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING AMENDMENTS TO CHAPTER 26~58, RESIDENTIAL DESIGN
STANDARDS, OF THE MUNICIPAL CODE, LAND USE REGULATIONS
WHEREAS, Pursuant to the procedures and provisions set forth in Chapter 26.92
of the Aspen Municipal Code, the Community Development Department has formally
proposed amending in total, Chapter 26.58 of the Aspen Municipal Code in an effort to
clarify and simplify the format and intent of the Residential Design Standards; and,
WHEREAS, pursuant to Section 26.92.030, Procedure for Amendment, of the
Aspen Municipal Code, a development 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 heating, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and,
WHEREAS, the Community Development Department prepared the proposed
amendments and recommended approval to the Planning and Zoning Commission; and,
WHEREAS, the Planning and Zoning Commission reviewed the proposed'
amendments and did conduct a properly noticed public hearing on March 31, 1998, at
which the Commission approved by a 5 to 1 vote the proposed text amendments, with
minor changes; and,
WI-IEREAS, the Aspen City Council has reviewed and considered the proposed
amendments as addressed in the Community Development memorandum prepared by
Julie Ann Woods and dated June 14, 1999, together with the proposed amendments as put
forth in the reformatted document attached as Exhibit 1, and has reviewed and considered
those recommendations of the Planning and Zoning Commission, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council fin& that the text amendments as drafted, are
consistent with the goals and elements of the Aspen Area Community Plan; and meet the
criteria of Section 26.92.020 Standards of RevieW for amendments to the Land Use Code;
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 as follows:
Section 1
That the City Council hereby amends Chapter 26.58 Residential Design Standards within
the Land Use Code to read as presented in the reformatted document attached as Exhibit
1.
Section 2
This Ordinance shall not affect any existing litigation and shall not operate as an aba~ement
of any action or proceeding now pending under or by vixtue 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, oF 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.
2
Section 4
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pilltin County Clerk and Recorder.
Section 5
A public hearing on the Ordinance was held on the 14th day of June, 1999 at 5:00 in the
City Council Chambers, Aspon City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 241h day of May, 1999.
Approved as to form: Approved as to content:
CityAttorney John Benne~,Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 14th day of June, 1999.
Approved as to form: Approved as to content~
CityAttorney JohnBennett, Mayor
3
Attest:
Kathryn S. Koch, City Clerk
Attachment: Exhibit 1, Chapter 26.$8
g~\planning\aspen\ords\resdesign99,doc
City Council Ord. 20 Series of 1999
4
0O~l~4~c~
Chapter 26.58
~SIDENTI~ DESIGN ST~DA~S
Sections:
26.58.010 General.
26.58.020 Procedure.
26.58.030 Adminis~ative chec~ist.
26.58.040 Residential design standards.
26.58.010 General.
J. Purpose. The ~ose of $e following design smd~ds is to prese~e
established neighborhood sc~e ~d ch~acter, ~d m ensue ~at Aspen's s~eets ~d
nei~borhoods ~e public places conducive m w~k~g. The smd~ds do not presc~be
~c~tec~al s~le, but do require ~at each home, while se~ing ~e needs of i~ o~er,
con~bute to the s~eetscape.
Nei~borhood ch~acter is l~gely established by ~e relationship be~een from
facades of buildings ~d ~e s~eets ~ey face. By orien~ng build~gs p~lel m ~e
s~eet ~d m~nt~gg a ceaain consistency in front setback paCems. ~ere is ~teracfion
be~een residents ~d passersby ~d ~e built envimment.
The ~ea between ~e s~eet and ~e front door of ~e home is a ~sition
be~een the public realm 0f~e neighborhood ~d ~e p~vate lif of a dwell~g. Low
tnces ~d hedges may be used to delineate the edge of a prope~, but it is impo~t ·
not to close off views of~e front la~ ~d house. Ceaa elements of the front facade
of a house ge pgcul~ly impo~t components of neighborhood ch~acmr. Front
porches provide outdoor living space ~d agafion to ~e s~eetscape, ~d one Sto~.
endways provide ~ appropriate domestic sc~e for a private residence. S~eet-facing
~ndows e~ establish a hier~chy of spaces with lgger, fomal ~ndows denoting pub-
lic ~eas ~d smaller ones suggest~g private rooms.
Ac~owledgement of ~e conmxt ~at has been established by ~e existing built
enviroment is impogt m protecting ~e uniqueness of ~e m~. Avoiding building
materials wNch have no relev~ce to Aspen's histo~ or climate helps to meet ~s go~,
~ does avoiding a sig~c~t overshadowing of small homes by l~ger s~cmres.
Filly, ~ong wi~ creating homes which ~e ~cNmc~ally ~teresting ~d live-
ly, · e pedes~ na~e of a neighborhood can be ~her egced by reducing con-
flicB be~een people ~d automobiles, ~d by mgg alleys ~ amctive place m wa~.
P~ng ~eas ~e to be concen~ated to ~e reg or side of each residence. Second~
gct~es ~d accesso~ dwelling ~ts, located along ~e alleys ~d ~spired by ~e ~a-
dition of outbuildings in Aspen, ~e enco~aged.
B. Applicabili~. This section applies m all .residential develgpment in ~e
Ci~ of Aspen requiring a building pe~t, except for residential development wi~n ~e
R- 15B zone dispel.
C Application~ An application for iesidential development shall consist 0f:
an application for a Development Order as may be required by the Community
Development Director, Historic Preservation Commission, Planning and Zoning
Commission, or City Council, pursuant to Section 26.52.030, and an application for
"Residential Design Standards" review, pursuant to Section 26.58.020.
D. Exemption& No application for a residential development order shall be
exempt from the provisions of this section unless the Planning Director determines that
the proposed development:
1. Is an addition or remodel of an existing structure that does not change the
exterior of the building; or
2. Is a remodel of a structure where alterations proposed change the exterior
of the building but are not addressed by any of the Residential Design Standards; or
3. Is an application only for the erection of a fence, and the application
meets Section 26.58.040.A.3.
26.58.020 Procedures for Review.
A. Determination of Applicability. The Community Development Director
at a pre-application conference shall make a determination as to whether the proposed
project is exempt from the requirements of this chapter. If it is determined that the
design'review standards shall apply to the proposed project, the applicant shall receive
an application form for Residential Design Standards re~riew, which shall include a copy
of the administrative check list referenced at Section 26.58.030.
B. Determination of Consistency. Upon receipt of an application for
Residential Design Standards review, the Community Development Director shall deter-
mine if the development plan is consistent with the Residential Design Standards set
forth at Section 26.58.040.
C. Appeal of Adverse Determination. If an application is found to be
inconsistent with any item of the Residential Design Standards, the applicant may either
amend the application or seek a variance as set forth below.
D. Variances. Variances from the Residential Design Standards, Section
26.58.040, may be granted by the Design Review Appeal Committee as established in
Chapter 26.22. An applicant who desires to consolidate other requisite land use reviews
by the Historic Preservation CornmiSsion, the Board of Adjustment or the Pla~'mg and
Zoning Commission may elect to have the variance application decided by the board or
commission reviewing the other land use application.
26.58.030 Administrative checklist.
The Director of Community Development shall create a checklist for use by
applicants and community development staff in identifying the approvals and reviews
necessary for issuance of a development order for an application that is consistent with
the Residential Design Standards.
26.58.040 Residential design standards
A. SITE DESIGN. The intent of these design standards is to encourage resi-
dential buildings that address the street in a manner which creates a consistent "facade
line" and defines the public and semi-public realms. In addition, where fences or dense
landscaping exist, or are proposed, it is intended that they be used to define the botmd-
aries of private property without eliminating the visibility of the house and front yard
from the street.
1. Building orientation
The front facades of all prin- , '
allel to the street. On comer
/
lots, both street facing '
facades must be parallel to I i i Yes. /
the intersecting streets. On "'~~/ '
curvilinear streets, the front
facade of all structures shall
be parallel to the tangent of
the midpoint of the arc of the
street.
One element, such as a bay
window or dormer, placed at
a front comer of the building
may be on a diagonal from
the street if desired.
2. Build-to lines. On
parcels or lots of less than Yes. ! ~ Yes.
15,000 square feet, at least No.
60% of the front facade shallI ~ i "~'
be within 5 feet of the mini-
mum front yard setback line. · ~ , ~
. _:. E:_}_
ofbothstreetfacadesofthe 2-.2~...;:22.-t.-2-.-_-:_2-22::~_-2-~,__' "'-
building shall be within 5
feet of the minimum setback
lines. Porches may be used
to meet the 60% standard.
3. FenCes. Fences,
hedgerows, and planter Yes.
than forty4wo inches (42")
high, measured from natural
grade, in all areas forward of
the front facade of the house.
Man-made berms are prohib-
ited in the front yard set-
B. BUILDING FORM. The intent of the following building form standards is to
respect the scale of Aspen's historical homes by creafmg new homes which are more
similar in their massing, by promoting the developmere of accessory units off of the
City alleys, and by preserving solar access.
1. Secondary Mass.
All new structures shall
locate at least 10% of their
total square footage above
grade in a mass which is
completely detached from
the principal building, or
linked to it by a subordinate
connecting element.
Accessory buildings such as
garages, sheds, and
Accessory Dwelling Units
are examples of appropriate
uses for the secondary mass.
C. PARKING, GARAGES AND CARPORTS. The intent of the following park-
ing, garages, and carport standards is to minimize the potential for conflicts between
pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or
to minimize the presence of garages and earports as a lifeless part of the streetscape
where alleys do not exist.
Alley.
L For all residential
carports shall be accessed { Yes.
from an alley or private road
'
·
Street.
2, For all residential uses that do not have access from an altey or private road, the
following standards shall be met:
a. On the street facing
facade(s), the width oft he
living area on the first floor
shall be at least five (5) feet
greater than the width of the _ ·
garage or Carport. ""
,
b. The front facade of
the garage or the frontmost
supporting column of a car-
port shall be set back at least
ten feet (10' 0") further from
the street than the frontmost
wall of the house.
e. On lots of at least
15,000 square feet in size,
the garage or earport may be
forward of the front facade
of the house only if the
garage doors or carport entry
are perpendicular to the
street (side-loaded).
d. When the floor of a
garage or carport is above or
below the street level, the
driveway cut within the front
yard setback shall not exceed ~-,~
two (2) feet in depth, mea- ,< 2'
sured from natural grade.
e. The vehicular
entrance width of a garage or ;~
carport shall not be greater
than twenty-four feet (24').
f. The garage doors ,F--- - ~< 24' (
shall be single stall doors.
D. BUILDING ELEMENTS. The intent of the following building elements stan-
dards is to ensure that each residential building has street-facing architectural details and
elements which provide human scale to the facade, enhance the walking experience, and
reinforce local building traditions.
1. Street oriented entrance and principal window. All single-family homes, town-
houses, and duplexes shall have a street-oriented entrance and a street facing principal
window. In the case of townhouses and accessory units facing courtyards or gardens,
entries and principal windows should face those features.
On comer .lots, entries and principal win-
dows should face whichever street has a
greater block length. Multiple unit residen-
i .
tial buildings shall have at least one street-
oriented entrance for every four (4) units,
and front units must have a street-facing
principal window. This standard shall be
satisfied if all of the following conditions
are met:
a. The entry door shall
face the street and be no
more than ten feet (I0'0")
back from the frontmost wall
shall not be taller than eight
feet (8'0"). ,x,.,,<8' ~
porch of fifty (50) or more .
square fee~, with a mh~mum
depth of six feet (6'), shall
be part of the front facade.
. Entry porches and canopies
' shall not be more than one
story in height.
;,, .
c. A street-facing prim
cipal window requires that aOne story Principal
sivaficant doworvoup
of windows face the street.
One story element. All residential buildings shall have a one-story street facing
element the width of which comprises at least twenty (20) percent of the building's
overall width. For example, a one story element may be a porch roof, architectural pro-
jection, or living space·
3. Windows.
a. Street facing windows
shall not span through the j~::
area where a second floor / ':...
level would typically exist, /~ 7~' ": ..... Iqo window zone'!
which is between nine (9) ':' ' "" '
and twelve feet (12) above
the finished first floor. For 12' "":'
interior staircases, this men- 9' ~-?:'~
the first landing if one exists.
A transom window above
the main entry is exempt
from this standard.
b. No more than one non-orthogonal win-
~22B~ E1 Orthogonal dow shall be allowed on each facade of the
building.
O4C~ ~ A single non-orthogonal window in a gable
Non-Orthogonal end may be divided with mullions and still
be considered one non-orthogonal window.
4. Lightwells. All
areaways, lightwells
stairwells on the street facing
facade(s) of a building shall k~ ~ Yes.
be entirely recessed behind
the frontmost wall of the
building.
Street No.
E; CONTEXT. The intent of the following standards is to reinforce the unique
character of Aspen and the region by drawing upon Aspen's vernacular architecture and
neighborhood characteristics in designing new structures.
I. Materials. The following standards must be met:
a. The quality of the
exterior materials and details . .' .
and their application shall
be ci~nsistent on all sides of ..
the building.
Yes. No.
b. Materials shall be
used in ways that are true to
their characteristics. For
instance stucco, which is a
· light or non-beating materi-
al, shall not be used below a
heavy material, such as ""~' - ....
stone. Yes. No.
c. Highly reflective sur-
faces shall not be used as
exterior materials.
2. Inflection. The following standard must be met for parcels which are 6,000
square feet or over:
a. Ifa one (1) story
building exists directly adja- ·/'~
cem to the subject site, then
step down to one story in ~ ~ ~ ~
height along their common
lot line. If there are one
story buildings on both sides
of the subject site, the appli- If, .. Then.
cant may choose the side
towards which to inflect. t I
>12' I
A one story building shall be defined as follows: A one story building shall mean a
structure, or portion of a structure, where there is only one floor offully usable living
space, at least 12 feet wide across the street frontage. This standard shall be met by pro-
viding a one story element which is also at least twelve (12) feet wide across the street
frontage and one story tall as far back along the common lot line as the adjacent build-
ing is one story.
Chapter 26.58
· RESIDENTIA,L DESIGN STANDARDS.
Sections:
26.58.010, General.
26.58.020 Procedure.
26.58.030 Administrative checklist.
26.58.040 Residential design standards.
26.58.010 General.
A. Purpose. The purpose of the following desig~ standards is to preserve
established neighborhood scale and character, and to ensure that Aspen's streets and
neighborhoods are public places conducive to 'wal~g. · The standards do not pr~saribe
architec~ara~ sWle, but do require that each home,' while serAng the needs of its owner,
con~-ibute to the streetscape.
Neighborhood character is largely established by the relationship be~,veen ~rout
facades.of buildings and the sixcots they face. By orientLug buildLugs parallel to the street
and maintaining a certain consistency in front setback'patterns. there'is interaction
between residents and passersby and the built environment.
The area between the street and the front doer of the home is a transition between
the public realm of the neighborhood and the private life of a d~vellixig. 'Low fences and
hedges may be used to delineate the edge era property, but it is important not to close off
views of the front lawn and house. Certain elements of the front facad6 of a home are
particularly important components of neighborhood character. Frout perches provide out-
door living space and animation to the streetscape, and one story entryways provide an
· appropriate domestic scale for a private residence. Street-facing windows can establish a
hierarchy of spaces with larger, formal windows denoting public areas and smaller ones
suggesting ptivate rooms.
Acknowledgemerit of the .context that has been established by the existing built
environment is important to protecting the uniqueness of Aspen. Avoiding building mate-
rials which have no relevance to Aspen's history or climate helps to meet this goal, as does'
avoiding a significant overshadowing of small homes by larger Structures.
Finally, along with Creating homes which are architecturally interesting, lively~
and sensitive to context, neighborhoods can be further enhanced by reducing conflicts
between people and automobiles, and by making alleys an attractive place to walk.
Parking areas are to be concentrated to the rear or side of each residence. SecOndary.
· structures' and accessory dwelling units, located along the i~lleys and inspired by the tra-
dition of Outbuildings in Aspen, .are encouraged.
· B. Applicability. This section applies to all residential development in the
City of Aspen requiring a building perrm't, except 'for residential development within the
R-15B zone district,
C. Application. An application for residential development shall consist of':
an ipplication for a Development Order as may be. required by the Community
Development Director, Historic Preservation Commission, Planning and Zoning
Commission, or City Council, pursuant to Section 26.52.030, and an application for ,
"Residential Design Standards" review, pursuant to Section 26.58.020.
D. Exempt/on& No application for a residential development order shall be '
exempt from the provisions of Ibis section unless the Planning Director determines that
the proposed development:
I. Is an addition or remodel of an existing structure that does not change the
exterior of the building; or
2. Is a remodel of a structure where alterations proposed change the ex'terior
of the building but are not addressed by any of the Residential Design Standards; or
.3. Is an application only for the erection of a fence, and the application meets
Section 26.58.040~A.3.
26.58.020 Procedures for Review.
A. Determination of Applicability. The Community Development Director at
a pre-applicafion conference shall make a determination as to whether the proposed pro7
ject is exempt from the requirements of this chapter. If it is determined that the design
review standards shall apply to the proposed project, the applicant sh.all receive an appli-
cation form for Residential Design Standards review, which shall include a copy. of the
administrative check list referenced at Section 26.58.030.
B. Determination of Consistency. Upon receipt of an application 'fox
Residential Design Standards review, the Commtmity Development Director shall deter-
mine if the development plan is consistent with the Residential Design Standards set forth
at Section 26.58.040.
C. Appeal of Adverse Determination. If an application is found to be incon- '
sistent with any item of the Residential Design Standards, the applicant may either mend
the application.or seek a variance as set forth below.
D. Variances. Variances from the Residential Design Standards, Section
'26.58.040, may be granted by the Design Review Appeal Committee as established in
Chapter 26.22. Pm applicant who desires to consolidate other requisite land use reviews
by the Historic Preseryation Commission, the Board of Adjustment or the Planning and
Zoning Commission may elect to have the variance application decided by the board or
commission reviewing the otlier land use application.
26;58.030 Administrative cheeklist.
The Director of Community Development shall create a checklist for hse by a. ppli-
cants and community development staff in identifying the approvals and reviews neces-
sary for issuance of a development order for an application that is consistent with the
Residential Design Standards.
C. PAILKING, GARAGES AN/) CARPORTS. The intent of the following park-
ing, garages~ and carpor~ standards' is to. m~n~m~ze the potential for conflicts between
pedestrian and automobile traffic by placing parking, garages, and carports on alleys~ or
to minimize the presence of garages and carports as a lifeless part of the slzeetscape where
alleys do not exist.
1.' For all residential Alley.
uses, parking, garages, and
carports shall be accessed Yes. iVo. Yes.
S~reet.
2. For.all residential uses that. do not have access from an alley or private road. the
following staudards Shall be met:'
a. On the street facing
facade(s), the width of the .~.
living area on the first floor
shall be at least five (5) feet
g~eater than the width of the _
garage or carport. "/Z ~" ,~'-~.2:'e$ '---~
b, . The front facade of
$
'~/i supporting colunto of a car-
-'f' I port shall be set back at least
· ~ ten feet (10' 0") further from
~ '1 ~ J the street than the frontmost
'Y' [ j wall of the house,
c. On lots of at least
15,000 square feet in size, the
garage or carport may be for-
ward of the front facade of
the house only if the garage
doors or carport entry are
perpendicular to the street
(side-loaded)
Street.
d. When the floor of a
garage or carport is above or
veway cut or fill within the
front yard setback shall not
exceed two <2) feet in depth,
measured from natural
e. The vePiicular
entrance width of a garage or /' ~
carport shall not be greater ~- ~
than twenty-four feet (24 ').
f. The garage doors Shall be
single stall doors. ~ -< 24' ~/
,
D. BUILDING ELEMENTS. The intent of the following building-elements stan-
dards is to ensure that each residential building has street-facing architecttiral details and
elements which provide human scale ~to the facade, enhance the wal/dng experience, and
reinforce local building traditions.
1. Street OHented entrance and principal window. All single-family homes, town-
houses, and duplexes shall have a'st~eet-oriented entrance and a streei facing principal
window. In the case of townhouses and ~iccesSory units facing courtyai'ds or gardens,
entries and principal windows should face those features. On comer lots, entries and
principal windows should face whicheve~ s~'eet tias a
~eater block length. Multiple unit residential buildi.n. gs'
shall have at least one street-oriented entrance for every
four (4) units, and front units must have a street-facing
principal window. This standard shall be satisfied if all
of the following conditions are met:
a. The entry door shill >~
face the street and be no more
than ten feet (I0'0")back '-,<8'
~om the frontmost wall of
shall not be taller than eight
feet (8'0"). '
b. A covered entry
porch of fifty (50) or more
square feet, with a mlnlrUm
' depth of six feet.(6'), shall be
part of the front facade.
Entry porches 'and canopies
shall not be more than one
story in height.
c. A street-facing principal win-
· dow requires that a significant win- One story
dow or group of windows of a public element. Principal
rodra, such as a living room, dining ',~ ~ ~.~do~
room, or family room, face the street. ~ .' .
Bedroom and bathroom windows ""
which' face the street shallnot satisfy '~ .....'
·. ......·
this standard. ' :~'"
2. _, One story elemen~ All residential buildix~gs shall have a one-story street facing
element the width of which comprises at least twenty (20)·percent of the bullding's over- ·
all width. For example, a one story element may be a porch roof, architectural projection,
'Or living space. · '
3. FFtndows.
a. Street facing windows shah not
span through the area where a' second '
'floor level would typically exist, -/ !(':::i~."
~ ~ -' ' '"~XlO window zone"
which is between me (9) and twelve _ _ Z .... '-. '
feet (12) above the finished.first ~ :.:.:'.r- '
floor. For interior staircases, this :.:.
measurement will be. made from the .12' '.'. -' ~ '--"
first landing if one exists. A transom LL ) ~..;..:;(:, .-- ~i'.(.':
window above the main entry is ..
exempt from this standard.
. b. No mole than one non-orthogonal win~
~~ ~ dow shall be allowed On each facade of the
Orthogonal building.
O~ ~ ' A single non-orthogi~nal window in a gable
. No'n-Onhogonal end may be divided with mullions and still
be considerea one non-orthogonal window.
4. Lightwells. All areaways,
lightwells and/or stairwelts on the
street facing facade(s) of a building -.
shall be entirely recessed behind the ~ ~ Yes.
frontmost wall of the building. ~ ,
Street
E. CONTEXT. The iment of the following standards is to reinforce the unique
character of Aspen and the region by drawing upon Aspen's vernacular architecture and
neighborhood characteristics in designing new structures.
1. Material,. The following standards must be met:
a. The quality of the ~ ~
exterior materials and details .' .
their application sh l be .:. Y.::';:::':.:.:: ....
consistent on all sides of the~
buiIding.
Yes. No.
b. Material/ shall be
used in ways that are tree to : .
their characteristics. For "'.": ~- ""'
li~dat or non-bearing material,
shall not be used below a
heavy material, such as stone. _
Yes. No.
e. Clay fie roofs, and metal roofs other than those in dark, muted colors such as rust-
ed metal, dark brown, black, or gray color are prohibited. A sample board showing per-
milled metal roof colors is available in the Planning Office. Adobe, aluminum or vinyl
siding, or any highly reflective surfaces shal! not be used as exterior materials.
d. Stone shall not be
used as a primary exterior
material, meaning that no ~-'' "
or wall surface may be stone. '"
Yes. 'No.
Inflection. · The following standard must be met for parcels which are 6,000
square feet or over:
a. If a one (1) story
building exists directly adja- /a~
cent to the subject site, then ~
step' down to one story in
height along their Common ~
lot line. If there'are one story . '. ~
buildings on both sides of the
subject site, the applicant ' If Then.
may choose the side towards
which to inflect.
A one story building shall be defmed as follows: A one story building shall mean a struc-
ture, or portion of a structure, where there is only one floor of rally usable living space, at
least 12 feet wide across the street frontage. This standard shall be met by providing a one
story element which is also at least twelve (12) feet wide across the street frontage and one
story tall as far'back along the common 10t line as the adjacent building is one story.
Chapter 26.58
RESIDENTIAL DESIGN STANDARDS
Sections:
26.58.010 General.
26.58.020 Procedure.
26.58.030 Administrative checklist.
26.58.040 Residential design standards.'
26.58.010 General.
A. Purpose. The purpose of the. following design standards is to preserve
established neighborhood scale and character., and to ensure that Aspen's streets and
neighborhoods are public places conducive to walking. The standards do not prescribe
architectural style, but do require that each home, while serving the needs of its owner,
contribute to the streetscape.
Neighborhood character is largely established by the relationship between from
facades of buildings and the streets they face. By orienthag buildings parallel to the
street and maintaining a certain consistency ha front setback panems. there is haterac.tion
between residents and passersby and the built environment.
The area between the street and the front door of the home is a transition
between the public realm of the neighborhood and the private life of a dwelling. Low'
fences and hedges may be used to delineate the edge of a property, but it is important
not to close off views of the front lawn and house. Certain elements of the front facade
of a house are particularly important components of neighborhood character. Front
porches provide outdoor living space and animation to the streetscape, and one itory
entryways provide an appropriate domestic scale for a private residence. Street-facing
windows can establish a hierarchy of spaces with larger, formal windows denoting pub-
lic areas and smaller ones suggesting private rooms.
Acknowledgemerit of the context that has been established by the existing built
environment is important to protecthag the uniqueness of the town. Avoidhag building
materials which have no relevance to Aspen's history or climate helps to meet this goal,
as does avoiding a significant overshadowing of small homes by larger structures.
Finally, along with creating homes which are architecturally interesting and live-
ly, the pedestrian nature of a neighborhood can be further enhanced by reducing con-
flicts between people and automobiles, and by making alleys an attractive place to walk.
, ' Parking areas are to be concentrated to the rear or side of each residence. Secondary
structures and accessory dWellhag units, located along the alleys and inspired by the tra-
dition of outbuildings in Aspen, are encouraged.
:-
B. Applicability. This section applies to all residential development in the
City, of Aspen requiring a building permit, except for residential development within the
R-15B zone district.
C Application. An application for residential development shall consist 0f:
an application for a Development Order as may be required by the Community
Development Director, Historic Preservation Commission, Planning and Zoning
Commission, or City. Council, pursuant to Section 26.52.030, and an application for
"Residential Design Standards" review, pursuant to Section 26.58.020.
D. Exemptions. No application for a residential development order shall be
exempt from the provisions of this section unless the Planning Director determines that
the proposed development:
1. Is an addition or remodel of an existing structure that does not change the
exterior of the building; or
2. Is a remodel of a structure where alterations proposed change the exterior
of the building but are not addressed by any of the Residential Design Standards; or
3. Is an application only for the erection of a fence, and the application
meets Section 26.58.040.A.3.
26.58.020 Procedures for Review.
A. Determination of Applicability. The Community Development Director
at a pre-application conference shall make a determination as to whether the proposed
project is exempt from the requirements of this chapter. If it is determined that the
design review standards shall apply to the proposed project, the applicant shall receive
an application form for Residential Design Standards review, which shall include a copy
of the administrative check list referenced at Section 26.58.030.
"B. Determination of Consistency. Upon receipt of an application for
Residential Design Standards review the Community Development Director shall deter-
mine ff the development plan is consistent with the Residential Design Standards set
forth at Section 26.58.040,
C Appeal of Adverse Determination. If an application is found to be
inconsistent with any item of the Residential Design Standards, the applicant may either
amend the application or seek a variance as set forth below.
D. VarianCes. Variances from the Residential Design Standards, Sedtion
26.58.040, may be granted by the Design Review Appeal Committee as established in
Chapter 26.22. An applicant who desires to consolidate other requisite land use reviews
by the Historic Preservation Commission, the Board of Adjustrnent or the Planning and
Zoning Commission may elect to have the variance application decided by the board or
commission reviewing the other land use application.
26.58.030 Administrative checklist.
The Director of Community Development shall create a checklist for use by
applicants and community development staff in identifying the approvals and reviews
necessary. for issuance of a development order for an application that is consistent wi~h
the .Residential Design Standards.
26.58.040 Residential design standards
A. SITE DESIGN. The intent of these design standards is to encourage resi-
dentled buildings that address the street in a manner which creates a consistent "facade
line' and defines the public and semi-public realms. In addition, where fences or deiase
landscaping exist, or are proposed, it is intended that they be used to define the bound-
aries of private property without eliminating the visibility of the house and front yard
from the street.
1. Building orientation Yes. I No.
The front facades of all pdn-
allel to the street. On comer /
lots, both street facing i s. /
facades must be parallel to
the intersecting streets. On
curvilinear streets, the front
facade of all structures shall
be parallel to the tangent of
the midpoint of the arc of the
street.
One element, such as a bay
window or dormer, placed at
a front comer of the building
may be on a diagonal from
the street if desired.
2. Build-to lines. On
parcels or lots of less than Yes. o
15,000 square feet, at least ] ~ N . ] Yes.
be within 5 feet of the mini- ~ .
mum front yard setback line. '~ '
of both street facades of the~
, :-'-i ....::::::::::::::::::::::::::: ....
feet of the minimum setback
lines. Porches may be used
to meet the 60% standard.
Fences. Fences,
. hedgerows, and pIanter
boxes shall not be more Yes.
high, measured from natur~il
grade, in all areas forward of
the front facade of the house.
Man-made betins are probib-
ited in the front yard set-
B. BUILDING FORM. The intent of the following building form standards is to
respect the scale of Aspen's historical homes by creating new homes which are more
similar. in their massing, by promoting the development of accessory, units off of the
City alleys, and by preserving solar access.
i. Secondary Mass.
All new structures shall
locate at least 10% of their
total square footage above
grade in a mass which is
completely detached from
the principal building, or
linked to it by a subordinate~ '\
connecting element.
Accessory buildings such as -. ..-~>....... / '
garages, sheds, and / ·
Accessory Dwelling Urdts
are examples of appropriate
uses for the secondary mass.
C. PARKING, GARAGES AND CARPORTS. The intern of the following park-
ing, garages, and carport standards is to minimize the potential for conflicts between
pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or
to minimize the presence of garages and carports as a lifeless pan of the streetscape
where alleys do not exist.
Alley.
· 1. For all residential
uses, parking garages, and No. I
carports shall be accessed '
from an alley or private road ' I Yes.
Street.
2. For all residential uses that do not have access from an alley or private road. the
following standards shall be met:
a. On the street facing
facade(s), the width of the ~ ~F g
living area on the first floor
shall be at least five (5) feet
greater than the width of the ~
garage or 9arport. ./--'X "'-/,/--')/2'~ %-/
b. The front facade of
the garage or the frontmost
supporting column of a car-
port shall be set back at least
ten feet (10' 0") further from
the street than the frontmost
wall of the house.
e. On lots of at least
15,000 square feet in size,
the garage or carport may be
forward of the front facade
of the house ordy Efthe
garage doors or carport entry
are perpendicular to the
street (side-loaded).
d. When the floor of a
garage or carport is above or
below the street level, the li~~II~n~ ~
driveway cut within the front '
yard setback shall not exceed
two (2) feet in depth, mea- ,<
sured from natural Fade.
e. The vehicular
entrance v~dth of a garage or ~
carport shall not be greater ~~
than twenty-four feet (24').
f. The garage doors )f' ' '< 24'
shall be single stall doors.
D. BUILDING ELEMENTS. The intent of the following building elements stan-
dards is to ensure that each residential building has street-facing architectural details and
elements which provide human scale to the facade, enhance the walking experience, and
reinforce local building traditions.
,1. Street oriented entrance and principal window. All Single-family homes, town-
houses, and duplexes shall have a street-oriented entrance and a street facing principal
window. In the case of townhonses and accessory units facing courtyards or gardens,
entries and principal windows -.should face those features.
On comer lots, entries and principal win-
dows should face whichever street has a
I~eater block length. Multiple unit residen-
tial buildings shall have at least one street- ~ i i i ·
oriented entrance for every four (4) units,
and ~ont units must have a street-facing
principal window. This standard shall be j
satisfied if all of the following conditions
are met:
a. The entry door shall
face the street and be no
morn than ten feet (i0'0")
back from the frontmost wall
of the building. Entry doors :>~.
shall not be taller than eight _--~,,,<8' ~
feet (8'0"). ~ ~ ~
porch of fifty (50) or more
square feet, with a minimum
depth of six feet (6'), shall
be part of the front facade.
'Entry porches and canopies
shall not be more than one
story in height.
e. A street-facing prin-
cipal window requires that a One story . - Principal
of windows face the street.
2. One story element. All residential buildings shah have a one-story street facing
elemem the width of which comprises at least twenty. (20) percent of the building's
overall width. For exaraple,, a one story element may be a porch roof.. architectural pro-
jection, or living space.
3. Ff~ndows.
a. Street facing windows
shall not span through the
area Where a second floor / "'-'?.
level would typically exist, ~ ': :': ' ' "'No window zone"
which is between nine (9) 7~' "' ""'
and twelve feet (12) above
the failshed first floor. For 12' "'%
-... .' ~.~.....
interior staircases, this mea- 9' ~.:~)):.:. ~' ".:';":'
suremerit will be made from
the first landing if one exists.
A transom window above / , -
the main entry is exempt
from this standard.
~222~ ~ b. No more than one non-orthogonal win-
Orthogonal dow shall be allowed on each facade of the
building·
O0 ~ A single non-orthogonal window in a gable
Non-Orthogonal end may be divided w~th mullions and still
be considered one non-orthogonal window.
4. Lightwells. All I ~ }
areaways, lightwells and/or -
stairwells on the street facing , '
facade(s) of a building shall [ ~ .
Yes
be emirely recessed behind g:).~:.:~ ~ ,
the frontmost wall of the ' ~
building. ~ ' ~ _
Street No.
E. CONTEXT. The intent of the following standards is to reinforce the unique
character of Aspen and the region by drawing upon Aspen's vernacular architecture and
neighborhood chaxacteristics in designing new structures.
1. Materials. The following standards must be met:
a. The quality of the
e~erior materials and details . .' .
and their application shall ~ : ..
be consistent on all sides of .' .'
the building.
Yes. No.
b. Materials shall be
used in ways that are true to: .
their characteristics, For"'.~". :. "' '
inst ce s cco, w chis a
light or non-bearing mated- ~ L.. ' ....: .....
al, shall not be used below a
heavy material, such as
stone. Yes. No..
c. Highly reflective sur-
faces shall not be used as
exterior materials,
2. Inflectian. The following standard must be met for parcels which are 6,000
square feet or over:
a. If a one ( I ) story
building exists directly adja-
cent to the subject si~e, the~
the new construction must
step down to one story in ·
height' along their common
lot line. If there are one
story buildings on both sides
of the subject site, the appli- If... Then.
cant may choose the side
towards which to imqect.
1'-- --/
-- >12,>12,5
A one story building shall be defined as follows: A one story building shall mean a
structure, or portion of a structure, where there is only one floor of fully Usable living
space, at least 12 feet wide across the street frontage. This standard shall be met by pro-
viding a one story element which is also at least twelve (12) feet wide across the street
frontage and one story tall as far back along the common lot line as the adjacent build-
ing is one story.
Chapter 26.58
RESIDENTIAL DESIGN ST.-~NDARDS
Sections:
26.58.010 General.
26.58.020 Procedure.
26.58.030 - Administrative checklist.
26.58.040 Residential design standards.
26.58.010 General.
A. purpose. The purpose of the following design standards are to
preserve established neighbor'hood scale and character, and to ensure that Aspen's
streets and neighborhoods are public places conducive to walking.
Front facades and their relationship to the street establish the character of a
neighborhood. The area tarrounding a home's front door creates a transition
between the private life 5' - dwelling and the public realm. A one (I) story
architectural projection emphasizing the entry. provides an appropriate domestic
scale for a private residence. Street ~chcing porches, loggias, and balconies provide
outdoor living space. further animating the streetscape. Windows establish a
hierarchy of spaces within larger, formal windows denoting public areas, smaller
ones suggesting private space. Consistent front setbacks define the space of the
street.
B. Appiicability.. All residential development in the City of Aspen
requiring a building permit from the City. of Aspen, except for residential
development ~virhln the R~I SB zone district. shall comply with the residential
design standards as specified in by the Administrative Checklist unless otherwise
granted a variance by the Design Review Appeal Board as established in Chapmr
26.22 or urxless granted a variance through some other required review process by
the Historic Preservation Commission, the Board of Adjustment or the Planning
and Zoning Cornmission-
C. Application. A development application for residential
development shall consist' of an application for a Development Order pursumat to
Section 26.52.030 and Section 26.58.020. The Development Order application
shall be submitted to the Community Development Depax tment
~ - D. Exemptions. No application for a residential development order
shall be exempt from. the provisions of this section.unless the Plamaing Director
determines that the proposed development:
" I. Adds floor area but does not alter the exterior of an existing
structure; or
2. Is an addition or remodel of an existing structure that does not
change the e.,aerior of the building; or
3. Repair of e.,dsting architectural features, replacemere of
architectural features when ~bund necessary.. ~br the preservation of the structure,
and similar remodeling activities ~vhich create no change to the exterior
appearance of the srruc,nxe and have no impact on its character. E. Minor Development.
1. Definition. Minor Develo.6ment as applicable to the Design
Review Standards. shall be defined as follows:
a. Erection of an a~xing, canopy, sign. fence or o~er similar
attachments to,' or accessory. features of a structure; or
b. Remodeling of a structure where alterations are made to not more
'than one (I) element of the su-ucture, including but not limited to a roof, window,
door, skylight. omamemal ~m. siding, :dckp. laxe, dormer. porch. ~alrcase. and
balcony; or
c. Expansion or erection of a structure, ~vherein the increased floor
area of the structure is two hundxed fifty. (.250) square ~et or less; or
d. Erection or remodeling of combinations of no more than three (3)
of the follo,~ing feamres;.awnings, canopies, si~m,.s, ~nces, and other similar'
attachinents; or windows. doors. sb..'lights and dormers. EreCtion of more than
three (3) t~amres may be defined as minor if there is a finding that the cu. mulative
impact of such development is minor in i~s effect on the character of the
su:uctures.
F. Major Development.
1. Definition. Major Development, as applicable to the Design
Review Standards, shall be defined as follows:
a. Erection or remodeling or combination of any single feature of .a
structure which has not been determined to be minor, or
b. . .Expansion or erection of a structure wherein the increase in floor
area of the structure is more than two hundred fifty. (250) square feet; or
e. Consuction of a new residential structure within the City of
Aspen. (Ord. No. 30-1995, § 5(part); Ord. No. 50~1995, §§ 13-15)
26.58,020 Procedure.
A. Pursuant to Section 26.52.020. Pro-application Conference. An
applicant shall conduct a pre-applicarion conference with staff'of the planning
division of the Community Development Departmere. At the conference the
planner shall make a determination if the proposed project is exempt from
Ordinance 30, or the project is a major or minor development, as'defined in
section 26.58.010. The planner shall provide the appropriate application packet
which shal! include the Submission Requirements of the Ad.mlni.strative Checklist
and any other pertinent land use material.
B. Pursuant to Sections 26,52,030, 26.52.040 and 26.52.050. An
applicant shall prepare an application for review and approval by staff. In order to
· proceed with additional land use reviews or obtain a Development Order, staff
shall find the submitted development application consistent with the Residential
Design Guidelines.
1. If an applica~on is found to be inconsistem with any item of the
Residential Design Guidelines the applicant may either amend the application or
appeal staffs finding to the Design Review Appeal Board pursuant to Chapter
26.22, Design Review Appeal Board.
2. If any other review is required by other provisions of the code, and
that review determines that certain iterfis of the Residential Design Guidelines
should be waived. then the applicant shall not be required to submit to further
review by the Design Review Board of Appeal. (Ord. No. 30-1995, § 5(part); Ord;
No. 50-1995, § 16)
26.58.030 Administrative checklist.
The Director of Community. Development shall promulgate a checldist for
use by applicants and community, developmere staff in identib..'ing the approvals
and reviews necessary, for issuance of a developmere order for an application that
is consistent with the Residential Design Guidelines. (Ord. No. 30-i995, §
5(pax~))
26.58.040 Residential design standards.
A. Building Orientation.
I. The orientation of the principal mass ofalI buildings must be
parallel to the streets they face. On comer lots, both street-facing facades of the
principal mass must be parallel to the road. On curvilinear s~eets, the principal
mass of all buildings must be tangent to the midpoint of the arc.
2. All single-family homes~ townhouses, and duplexes must have a
street-oriented entrance and a street facing principal window, except townhouses
and accessory. units facing counT. ards or gardens, where entries and principal
windows should ~hce those fearares. On comer !ors, entries and principal windows
should face whichever street has a greater block depth.
a, A street oriented entrance requires that at least one of the following
two conditions are met:
(I) The front entry door is on the street facade;
(2) A covered entry porch of fifty (50) or more square feet is part of
the street facade.
b. A street facing principal window requires that a significant window
or group of windows of a living room, dining room or family morn face the street.
: 3. For single-f~rn~ly homes and duplexes with attached garages or
,- carports, the ~dth of the house must be at least five (5) feet greater than the width
of the garage along its street facing frontage. The garage must be set back at least
ten (10) feet further from the street than the house.
" 4. Multiple unit residential buildings must have at least one street-
oriented entrance for every four (4) units. FrOnt units must have a street facing.
principal window.
B. Bu/Iding Elements.
1. 'All residential buildings must have a one-story street t~cing
element the width of which comprises at least twenW (20) percorn of the
building's overall width.
C. Build-To Lines.
I. If seventy.-..-ive (75) percent or more of the residential buildings on
the face of a block where aproject is to be located are within p,vo (2) feet of a
common front setbac.k line, a minimum of si.'cty (60) percent of a proposed
projects front facade must also be within two (2) t~ef of that from setback.
Comer sites ~re of particular importance in the definition of street
frontages. Therefore, on comer sites where fewer than seventy-five (75) percent of
the residential buildings on the t~ce of a block are located within two (2) :~et of a
common setback line, a miramum of sixty (60) percent of at least one of the sxzeet
fromages of a proposed project's front facade must be located within two (2) feet .
of the minimum setback.
D. Primary. Mass. A priinai~.' mass is a building volume for Which
(2) of the following characteristics do not vary.: plate height, ridge height. wall
plane. The floor area of a primary. mass in excess of seven~ (70) percent of total
allowable floor area shall be multiplied by 1.25. Incidental e.-,rterior features ~at
break a roof or wall plane such as dormers or bay whidows are not considered as
changing a plate height, ridge height or wall plane. E. In.flection.
I. If the street frontage of an adjacent su'ucrare is one (1) story. in
height for a distance more than twelve (12) t~et on the side facing a proposed
building, then the adjacent portion of the proposed building must also be one (1)
story in height for a distance of twelve (12) t~et.
a. tf ~e adj ac=nt sn'ucmres on both sides of a proposed building are
one (1) story. in height, ~e required one (1) story volume of the proposed building
may be on one (1) side only.
b. If a proposed building occupies a comer lot, and faces an adjacent
one (1) story structure, the required one (I) story eiement may be rovemeal to face
the comer.
F. When calculating floor are~i ratio the following formulas and
definitions shall be used:
I. Accessory dwelling unit or linked pavilion. For the purposes of
calculating floor area ratio and allowable floor area for a lot whose principal use is
residential, the following shall apply: The allowable floor area of an attached
accessory dwelling unit shall be excluded up to a maximum of two hundred fifty
· (250) square feet of allowable floor area or fifty (50) percent of the size of the
accessory dwelling unit, whichever is less. An accessory dwelling unit separated
from a principal sumcture by a distance of no less than ten (10) feet, with a
maximum footprint of four hundred fifty (450) square feet, shall be calculated at
fifty (50) percent of allowable floor area up to seven hundred (700) squaxe feet of
floor area. Any element linking the principal structure to the accessory, unit may
· be no more than one (1) story tail, six (6) feet wide, and ten (10) feet long.
2. Charncter means ~e densi~', height, coverage. so:back. massing,
fenestration, materials, and scale of materials. H. Historic Overlay Disu'ict,
historic landmark development guidelines. and Residential Design Standards shall
be established to give further explanation or'the qualifies that compose character.
3. Decks, balconies, porches, loggias and stairways. The
calculation of the floor area era building or a portion thereof shaH not include
deck, balconies: stairways, terraces and similar i~amreS: '.u'dess the area of these
· fearares is geater than fu~een (15) percent of the maximum allowable floor area
of the building. Porches shall not be counted towards F.~R.. Loggias shall be
calculated as .5 FAR.
4. Garages, carports and storage areas.
a. :~dl disu'icts except te K- 15B zone disu'ic:. For fie purt:nse of
calculating floor area ratio and allowable floor area for a lot whose principal use is
residential. garages, carports and storage areas shall be excluded up to a mmximum
area of two hundred ~if'cy. (250) square feet per dwelling unit; all garage. carport
and storage areas between and two hundred fifty. ("50) and five hundred
square feet shall be calculated as .5 F.-L~: all garage carport and storage areas in
excess of five hundred (500) square ~et per dwelling unit shall be included as part
of the residential floor area calculation. For any dwelling uP. it which can be
accessed from an alley or private road entering at the rear or side of the dwelling
unit, the garage shall ordy be excluded from floor area calculations up to t~vo
hundred fifty. (250) square i~et per dwelling unit if it is located on said alley or
mad; all garage, carport and storage areas between r~'o hundred fLfcy (250) and
five hundred (500) square ~e*, shall be calculated as .5 FAIL For the purposes of
deterr~n~ng fie exclusion, if any, applicable to garages, carports, and storage.
areas, ie area of all such strucrares on a parcel shall be aggregated.
b. R-l 5B zone disu'ict. Garages, carports, and storage area shall be
exempt from floor area up to a maximum of five hundred (500) square feet.
c. Other provisions applicable to aH zoning disu'icts. No portion of a
driveway to a garage shall be below fie natural .~rade w{th~n the required front
setback
All portion~ of a garage, carport or storage area parallel to the s~eet shall
be recessed behind the front facade a minimum often (10) feet.
Garages below n~{mml grade; garages with a vehicular entrance width
greater th~r~ t~venty-four (24) feet, and garages with a vehicular entrance width
greater than forty (40) percent of the front facade in total shall meet one of the
following conditions:
(1) All elements of the garage shall be located within fifty (50) feet of
the rear lot line. or
(2) ~dl elements of the garage shall be located farther than one
hundred fifty (i50) feet from the front lot line, or
(3) The vehicular enu-ance to the garage shall be perpendicular to the
front lot line.
.An clement linking a detached garage to the principal structure shall not be
included in the calculation of floor area provided that the linking sumcram is no
more than one (1) story. rail. six (6) feet wide, and ten (I0) feet long.
5. Height me,~ng the maximum possible distance from the natural or
finished grade. whichever iS lower, at the exterior perimeter of a building to the
highest point.,of a structure wi~'~n a single vertical plane.
a. Methods of measurement for varying types of roofs,
(1) Flat roofs or roofs with a slope of less than 3:12. The heL~Jm of the
building shall be the maximum disumce measured vertically from the natural or
finished gade. whicl~ever is lower. to the top or ridge of a flau mansarck or other
· roof with a siope of less than 3:12.
(Z) Roofs with a slope from 3:12 to 8: 12. For roofs with a slope from
3: 12 to 8: I 2, height shall be measured vertically from the natural or finished
~ade, whichever is lower, to the mean height bevycon the caves and ridge of a
gable. hip. gambreI or other similar pitched roof. The ridge of a gable, hip,
gambre!, Or other pitched roof shall not extend over five (5) feet above the
maximum height limit.
(3) Roofs with a slope of g: 12 or ~eater. For roofs with a Slope of
g: I2 or greater, height shall be measured vertically from the natural or lintshed
gade, whichever is lower, to a point one-third (1/3) of the distance up from the
caves to the ,ridge. There shall be no linfit on the height of the ridge. Chimneys
and other appurtenances may ex-mnd up to a maximum of ~'o (2) feet above the
ridge.
(4) Chimneys, antemnas, and other appurtenances. Antennas,
chimneys, flues, vents or similar sn-uctures shall not extend Over ten (10) feet
above the specified maximum height limit, except for root~ with a pitch of 8:i2 or
~eater, these elements may not e~end more than two (2) feet above the ridge.
Water towers and mechanical equipment shall not extend over five (5) feet above
the specific maximum height llm~t. Church spires, bell towers and like
architectural projections, as well as flag poles, may extend over the specified
maximum height limit.
b. Exceptions for buildings on slopes. The maximum height of a
bnilding's front (street facing) facade max extend for. the first thirty (30) feet of the
building's depth.
c. Exceptions for areaways, Hghtwells and basement stairwells. An
areaway, lightwell or. basement stairwell of lass than one handred (100) square
feet, entirely recessed behind the vertical plane established by the portion of the
building facade which is closest to the street, and enclosed on all four (4) sides to
w~th~n eighteen (18) inches of the first floor level shall not be counted towards
maximum permissible height
6. Log~as are defined as an urixeated area under a roof, over a living
space, and at least fifty (50) percent open to the outdoors on one side with or
without screens.
7. Lot area means the total horizontal area within the lot lines of a
· lot. Except in the R-15B zone district when calculating floor area ratio, lot area
shall include only areas with a slope of less tl-mn twenty. (20) percent. In addition,
half(.50) of lot areas with a slope of r,venty. (20) to thirty. (30) percent may be
counted towards floor area .,-ado; areas with slopes offeater than thirty. (30)
percent shall be excluded..,'he total reduction in F.~- ~br a given site shall not
exceed twenty-five (25) percent. Also excluded for the purpose of floor area
calculations is that area beneath the high water line of a body of water and that
area wiff~in an existing or proposed dedicated ri_~__ht-of-way or surface easements.
Lot area shall include any lands dedicated to the City. of Aspen or Pitkin County.
for the public trait sysmm. any open irrigation ditch. or any lands subject to an
above ground or below ~ound surface easement such as utilities that do not
· coincide with road easements. When calculating density., lot area shall have the
same exclusions and inciusions as ~br calculating floor area ratio, except for
exclusion of areas of ~eater than twenty. (20) percent slope.
g. Parking. The following off-street parking requirement shall be
provided for each use in all residential development.
a. For single-family and duplex residential use: two (2)
spaces/dwelling unit. Fetver spaces may be provided by special review pursuant to
Chapter 26.54 ~br historic landmarks only. and .~wer spaces may be provided by
condkional use review pursuant to Chapter 26.60, for Accessory Dwelling Units
only. One (I) space per dwelling unit is required if the unit is either a studio or a
one (1) bedroom dwelling unit.
9. Porches are defined as uninsulated, unheated areas under a roof.
bounded on at least one (1) side 5y the exterior wall of a living space and open on
at least two (2) sides to the outdoors with or without screens.
10. Site coverage means the percentage of a site covered by buildings,
measured at the exterior wails of a building at gound level. Roof or balcony
overhangs, cantilevered building elements and similar fearares extending directly
over ~ade shall. be excluded from maximam allowable site coverage calculations,
11. Subgrade areas. The area of any story., whose top of floor is a
maximum of eighteen (l 8) inches above natural or finished grade, whichever is
lower, at any point along the perimeter of the building shall be excluded from
floor area calculations. For any story which is partly above and parfly below
natural or finished grade whichever is lower, a calcnlation of the total volume of
the story which is above and which is below grade shall be made, for the purpose
of establishing the percentage of the area of the story. which shall be included in
floor area calculations. This calculation shall b¢ made by determining the total
~. percentage of the perimeter wall area of the story which is above natural or
Hn~shed grade, whichever is lower, which shall be multiplied by the total floor
area of the subject story, and the r~sulting total shall be that area which is included.
· ' in the floor area calculation.
All areaways, li~ghtw¢lls and/or stairwells on the street facing side(s) of a
building must be entirely recessed behind the vertical plane established by the
portion of the building facade which is clnsest to the street.
12. IVolume. For the purpose of calculating floor area ratio and
allowable floor area for a building or portion thereof whose principal use is
residen~al, a deterrn{na~ion shall be made as to i~s interior plate hei,~_Za~. All
~ ~ exterior e~mssion ofa pla~e hei~t ~ea~er ~ t~ (I0) f~ s~l be
coated ~ ~o (2) sq~ iet for e~h one (1) sq~e fOOt of floor ~e~ E=e~or
expression sh~l be de~ed ~ facade pene~om be~een me (9) ~d ~elve
(1.2) feet above ~e level of ~e fi~Shed floor, ~d ~. se~-c~ or non-
o~ogon~ inem~on b~een me (9) ~d fi~een (15) feet above ~e level of
~e ~shed floor. (Oral. No. 30-1995, ~ 5~); Ord. No. 50-1995, ~ 17; 1'8)'
ASPEN PLA_N~'I~'G & ZONII~'G CO!Vh'MISSION MARCH 17, 1998
-" Sara Garton said the ESA needed to be Commented on by Hallam Lake and The
Given Institute. If they responded favorably, then the review would not have to
come back to this commission.
Roger Hunt said he basically favored the plan but maybe more drawings should be
presented illustrath..g these plans. Tim Mooney agreed.
MOTION: ROger Hunt moved to continue the discussion on 414 North
First Street ESA and Special Review to allow the applicant time to
provide more drawings and allow comments from ACES and the Given
Institute on March 24, 1999. Bob Biaieh second. APPROVED 6-0.
PUBLIC HEARING:
CODE AM'ENDMENT - REVISIONS TO ORDINA~NCE 30
Amy Guthrie commented the revised ordinance 30 included drawings. The garage
standards were mended to include language if it were a two car garage, then there
would be two doors street orientated. The material section was new and applied to
- the entire city in an attempt to retain some tie to vernacular or traditional materials
of Aspen. Roofs would be muted or natural colors. Bob Blaich inquired about
coppei on roofs. Guth~ie replied there would be a sample board of materials and
materials to' avoid. Julie Ann Woods noted there was a section not allowing highly
reflective materials.
Jasmine Tygre disagreed with telling people what colors they can and cannot use;
there was an eclectic style of Aspen that would be lost ifail houses were to look a
certain way, Victorian. She stated there should be a set of standards for the
dimensional requirements, which could not be considered arbitrary. The
dimensions would be set.
Bob Blaich said that clay tile roofs were inappropriate here in this climate. He said
there had to be tougher restrictions on the improper use of materials. He agreed
that we should not tell people what color~ their homes can be, but there was too
.- much stone.
.. Roger Hunt stated that wooden shake shingled roofs should be outlawed; they were
a lure hazard. He said European houses had red file roofs that were an interlocking
shingle type. Hunt noted the reflective roofs should be restricted. He agreed that
other than safety, color and type was not something that should be considered.
Tygre excused herself at 7:40 p.m.
12
ASPEN PLA.NLNI'NG & ZO.~G CONLMISSION NL~RCH 17, 1998
· -- Sara Garton stated support for the code amendment. She said that architecture was
the most public of art and affected the well being of community. She applauded ..
Amy for the changes.
Blaich agreed with praise for these changes and did not feel that this wasthe
policing ofdesi~n but rather a review process.
Guthrie said that the volume issue would be tackled at a later date with input from
the commission. Telluride and Crested Butte had a maximum house size that was
4,000 sf in Telluride, except in the. historic district where it was 2,400 sf.
Steve Buettow asked about windows being allowed to be 16 feet of vertical glass.
Guthrie said the problem was on second floors w'ith windows in the gables, which
then became the focus of appeals. She said the 2 story tall windows were still
prohibited. There could not be more than 1 funny window per side, non-
orthogonal. Buettow stated that he felt strongly about there being a separation
between glass.
Hunt said he favored the two-tier review for floor area; over a certain square
footage special review would be needed.
Tim Mooney stated he was in favor of this amendment and anything up to
censorship. He noted that people were taking advantage of everything that was
unique about Aspen to keep the di~m~ity. Blalch said there had to be a way to
measure volume. Buettow stated that Roger's two-tier measurement was a good
idea. Blaich said he agreed with Tkn; people would abuse the rules because they
were hard to define. Moohey said the architects in town have been processedand
know that there may be a better plan without requesting variances but they want to
go through the process. Garton said that Aspen was a real city. Mooney stated
that there had to be definitions for everything. GuttiMe noted that she called every
architect to participate in these revisions and the response was negligible.
MOTION: Bob Blalch moved to continue the revisions to Ordinance 30
to March 31, 1999. Tim Moohey second. APPROVED
Meeting adjourned at 8:20 p.m.-
an, Deputy City Clerk
13
ASPEN PI,AN'NTNG and ZONING COMMISSION MARCH 31. 1998
CONTINUED PUBLIC I-I~AR~G 03/17/98:
. - CODI~ AMENDMENT - REVISIONS TO ORDINANCF, 30
Sara Garton opened the public hearing continued fi'om 12/2/97, 2/17/98 and
3/i 7/98. Amy Guthrie stated fi'gm the last meeting the commission had concerns
with I~AR and alternative ways to calculate square footage and/or size. One of the
bulk plane requirement that was established in the city of Denver which staff felt
controlled the placement of the building hther than requiring the building to be
smaller..She said it was a ziggurat design form that wasn't necessarily what was
encouraged. Guthrie said TelluHde had a 4,000 square foot maximum and Crested
Butte had 2,400 square foot maximum. Woods commented that separate zone
district reviews would be necessary. She said the third issue was calculating cubic
volume of the building, counting every square foot of the walls, roof and floor.
'Staff discussed this in length and it seemed to be a different version of calculating
FAR, Which may be a time consuming process without results. She said that a
volume calculation was to be brought back which had some counting of floor area
for bulk and space (glass plates over 10'). She said the intention was not to have
people flatten the roof forms. Guthrie asked the commission for feed-back on
these issues.
Guthrie and Woods attended the board of realtors lunch and the realtors expressed
interest in attending this meeting tonight, but none were present. Laurie
· Winnerman asked for a lunch meeting. Bob Blaich inquired about the architect
involvement in response to ordinance 30. Guthrie replied that the response had
been minimal. Blaich suggested placing something in the newspaper.
Guthrie stated that the window issue was still pr0blematic and SteVe Buettow had
drafted something that she had not yet reviewed. She asked'the commission if the
rest of the text amendments could be forwarded to council.
Hunt said the bulk issue was still a big problem because FAR did not address this
,' 3-dimensional problem. He agreed that attempts will be made to reduce bulk by
' ' flattening the roof, so maybe there could be a two-tier approval process. Hunt
· ' cited the "brick bunker" on Bleeker as not being over-bearing because it was only'
.: one story. He said that architects have computer programs that quickly determine
the volume of a particular vessel, the question is how to determine the cubic foot
· representative for the community. He said that the FAR doesn't work because it is
based upon area and that doesn't reduce the bulk of buildings.
8
ASPEN pLANNTNG and ZONING COM'MISSION MARCH 31, 1998
Guthrie said the cubic volume would have the same problems because the
allocation could still create one jumbo room; she wasn't certain it would resolve
the problem. Tygre thought there was difference because when only using FAR:
one 3500 sfbui!ding could be larger (physically) that another 3500 sfbuilding
when volume Was not taken into account, Tygre said on Long Island cubic feet is
the building measurement. She stated that she was uncomfortable with the design
standards: building materials, orientation to street, facade are situations would
determine less attractive architecture with room foi arbitrariness rather than a
certain measurement. Tygre felt the need for a more objective measurement for
example, set backs were justifiable and defensible. Garton stated that DRAC
found such abuse in the design elements of glaring roofs, inappropriale stone,
window treatment, fences which have voiced community objections. She noted
that architecture was the most public art and was offensive to the community
because residential design standards are as important to a community as land use.
Blaich agreed that if the architects and developers used common sense instead of
what they use, curb appeal; the community would benefit. He said ordinance 30
came out of a few houses in the west end; the inappropriateness of the McCoy type
house. If the neighborhood design standards wer~e in place many houses would
not have been built. He commented that the standards have to be set because w'e
have people who do not care about the community.
Buettow stated that we are increasingly dealing with architects, developers and
owners from different parts of the world, all bringing their own views to this
community. He said these may not fit into the context of the area. Tygre noted
this was a contradiction of messy vitality, not being able to incorporate styles from
other areas. She stated the issue was size and some design standards could be
applied. Tygre said you cannot take a 10,000 sfbuilding and make it look tiny.
Garton said design elements and standards were being abused. The 'McCoy house
looked liked doral beach; on an angel on a comer; if design standards had been in
place it may not have happened. Blaich interjected that he did not feel that
.creativity was being restricted, but asked architects to be more creative. Gagon
noted that Telluride learned from Aspen and now has a better historic district than
ours. Blaich stated if the guidelines were not established, who knows what would
have happened; and that was the reason for good guidelines.
Tim Moohey agreed with a bulk or volume measurement as enforceable and as
.... strict as possible. These neighborhood guidelines are for an existing quality life
9
ASPEN PI ,AN~'NI'NG and 7.ON~rNG COM2V[ISSION MARCH 31. 1998
style from a different time and tempo. Now the time and tempb have changed to
the mass and scale for the developer, realtor and architects to maximize profit. He
said the victorians and houses with garages and trees of the neighborhood cannot
be le~ to those people any longer. Mooney stressed the issue of direct information
and guidelines as control for direction. He stated that the dignity and nature of the
neighborhoods are being inundated with drastic revolutions to profit.
Garton Said there was a recommendation for a FAR reduction. Hunt said it was
not accepted. Woods observed that, in a way, through the building envelope
process, the bulk has been reduced if the FAR was not exceeded. Garton said
secondary mass would break up the pieces, reducing mass.
Guthrie said plate height calculation would be enforced in the volume standard.
FAR was not related to ordinance 30, and was located in a different section of the
code. It can be dealt with separately with an additional recommendation. Woods
said the FAR would be calculated with plate height as a suggestion so this could
be moved ahead to council. Woods asked the commissiofi if there needed to be
different ways to look at the FAR in each zone district.
Bendon noted the code was not always clear, and there was a need to keep the
sections clean and distinct for development potential: (i). how much (FAR or cubic
in the zone district) O. how is it calculated (the process) ®. what does the '
community want to do with it (residential design standards).
MOTION: Bob Blaich moved to recommend approval of the revisions
to the "Residential Design Standards" Section 26.58 to the Aspen
· Municipal Code 'as proposed in exhibits A, B, & C. of the staff memo
dated March 17, 1998, with the volume (bulk) item be addressed
separately. Steve Buettow second. APPROVED 5-1
MOTION: Roger Hunt moved to direct staff to address volume (bulk)
, - regulations in the code and return to P&Z. Jasmine second.
APPROVED 6-0. '
Meeting adjourned 7:40 p.m.
.. _ ~aZ. kie Lothian, Deputy City Clerk
10
Resolution #52
Series of 1999
A REAFFIRMATION OF THE CITY OF ASPEN'S LONG RANGE
AFFORDABLm HOUSING GOALS.
WHEREAS, affordable housing has been and remains a top priority of the City
of Aspen; and
WHEREAS, the City of Aspen is committed to housing as many of its wor~g
locals as possible within the community; and
WHEREAS, over the years, our commnn~ty has created over 1,600 deed
restricted affordable housing units, which today house over 3,000 of our local
citizens; and
WHEREAS, this existing housing would cost over $100 million to re-create
today, and it represents the most affordable housing than any COmmunity Our
size in America has ever created; and
WHEREAS, because the shortage of affordable housing rems~n.~ a major
COmmnn~ty concern, the City of Aspen has created a long range ~nancial plan
to add substantially more ,m~ts of affordable housing in future years - and this
fact is not always understood by the general public in our valley,
NOW THEREFORE the Mayor and City Council of Aspen hereby reform our
commitment to the current City/County plan to build at least 716 ,m~ts of deed
restricted affordable housing, inclua~g 1,339 bedrooms, at a total Cost of over
$54 million, between now and the year 2010. We will fund these ,m~ts
primarily through the existing .45% housing/daycare sales tax and the
existing .5% real estate transfer tax.
We reaffirm'this commitment because this new housing will provide homes
for approximately 1,400 Aspen citizens. It will ensure that Aspen remains
vital and that we retain always the vibrancy, life and colorful sense of
comm~m~ty that have historically made our town the extremely special place
that it is.
We also reaffirm that in pursuing our long term housing goals, we must also
keep in mind the wise use of natural open space and the need to preserve it for
future generations.
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Steve Barwick, Assistant City Manager
THRU: Tabatha Miller, Finance Director
FROM: Sheila Steinauer, Budget Director
DATE: June 14, 1999
RE: Appropriation Ordinance No. 22 (Series of 1999), 1 st Reading
and Public Hearing.
SUMMARY: Attached you will find the above ordinance as well as the
supporting exhibits. Exhibit 1 is a summary by fund of the requested
appropriations. Exhibit 2 is the General Fund Asset Management Plan
(AMP) carry forward request.
FINANCIAL IMPLICATIONS: The Approval of this ordinance will lower
the projected cash balances after reserves in the affected funds, however, the
balances in all funds are healthy and can support the appropriations
requested.
RECOMMENDATION: Staff recommends approval of this appropriation
" ordinance.
· ' PROPOSED MOTION: A motion to approve the Consent Calendar will
approve the ordinance on first reading.
EXHIBIT 1,
ITEMS NOT YET PRESENTED TO COUNCIL
GENERAL FUND
Environmental Health - Recognize costs associated with the accrued
leave 'cash-out' of one Specialist, a private consultant and superfund
associated expenses. Increases in County Environmental Health
revenues will offset these expenses.
Account Number 00125-25700-80012 $ 3,827
00125-25700-80030 10,000
00125-25700-82900 7,907
Asset Management Plan - Recognize the costs associated with the
replacement of compactors for asphalt and gravel, McSimming Road and
Galena Street neighborhood projects that are funded from the 1997
property tax refund and the Smuggler Area Neighborhood Improvement
Project which is funded from the 1997 impact fees from Williams Ranch.
Account Number 00041-41000-86200 $ 4,000
00091-32402-82700 17,000
00091-32405-82900 50,000
Various Departments - Operating savings carry forward, 60% of the
remaining unspent budgeted expenses. 50% is retained by the
department and 10% goes to the City Manager's office to be used for City
wide contingencies (central savings pool). The Central Savings Pool is
controlled by the City Council through the City Manager. The 1998
General Fund Savings is $152,632.
Some departments have remaining carry forwards, from the four
previous years, included in the amount below. Departments, thinking
about the future, have spent a relatively small portion of their previous
savings carry forward. Instead, they wanted to build a savings pool in
case of a lean year. Therefore, the savings carry forward below seem
large for a one year period, but over the four year period; it averages
about $139,000 per year.
City Council 00103-03000-88900 $ 2,195
City Manager 00105-05000-88900 19,864
City Clerk 00107-07000-88900 16, 130
Attorney 00109-09000-88900 13,935
Risk Management 00109-09200-88900 3, 165
Finance 00111 - 11000-88900 69,617
Community Develop 00113-13000-88900 10,808
Engineering 00115-15000-88900 2,960
Environmental Health 00125-25000-88900 30,557
Police 00131-31000-88900 69,941
Streets 00141-41000-88900 78,845
Parks 00155-55xxx-88900 56, 714
Info~-mation Systems 00161-61000-88900 72,167
Ice Garden 00 174-74000-88900 27,150
Manager Savings · 00105-05000-88901 83,412
557,460
Various Departments - Accounts that need to be carried forward at
100%.Council had approved $30,000 for the History of Aspen video and
$6,000 for the appraisal of the adjoining land to City Hall in 1998, but
the projects will not be completed until 1999. $123, 250 is the CIRSA
savings the city has realized over the past several years and is being
utilized as a part of the central savings pool. $59,231 is the additional
.5% from the 1998 budget that was not given to the departments. Nordic
is funded from two other entities and their remaining unspent budget
needs to be at 100%. The Lottery carry forward is State mandated.
Council Contingency 00103-03000-88900 36,000
CIRSA Savings 00105-05000-88901 123,250
Finance 00111-11000-88999 59,231
Parks 00155-55523-88900 50,633
Lottery 00175-51800-83900 94,152
363,266
GOLF FUND
$29,700 for the continuation of the Cart Path Project.
Account Number 47194-51000-82700 $ 29,700
$92,110 Asset Management Plan Carry Forward.
TRANSPORTATION/PARKING FUND
$148,975 Savings Carry Forward.
Department 45032-32000-88900 $ 121,001
City Manager 45032-32000-88901 27,974
2
ELECTRIC FUND
$73,718 Savings Carry Forward.
Department 43145-45000-88900 $ 61,903
City Manager 43145-45000-88901 11,815
$20,000 A~set Management Plan Carry Forward.
PARKING IMPROVEMENT FUND
$38,962 Savings Carry Forward.
Department 14054-54000-88900 $ 32,559
City Manager 14054-54000-88901 6,403
$ 124,350 Asset Management Plan Carry Forward.
WATER FUND
$ 81,132 Savings CarryForward..
Department 42143-43000-88900 $ 68,204
CityManager 42143-43000-88901 12,928
$757,174 Asset Management Plan Carry Forward.
HOUSING / DAY CARE FUND
$50,000 Carry Forward for Wild Wood School and $174,3t0 for Yellow
Brick School.
Account Number 15024-24100-84707 $ 50,000
15024-24200-82900 174,310
WHEELER FUND
$8~305 Savings Carry Forward.
Account Number 12093-93000-88900 $ 6,921
12093-93000-88901 1,384
$ I39,024 Asset Management Plan Carry Forward.
3
PA~KS & OPEN SPACE FUND
$2,278,810 Asset Management Plan Carry Forward.
MALL FUND
$38,663 Asset Management Plan Carry Forward.
RED BRICK FUND
$21,971 carry forward for continuing construction fees.
Account Number 36194-56000-82700 $ 21,971
WATER PLACE HOUSING FUND
$80,792 carry forward for the completion of the landscaping project.
Account Number 70194-05003-86744 $ 80,792
ITEMS PREVIOUSLY APPROVED BY COUNCIL
GENERAL FUND
Contributions - An approved grant for The Water Coalition of the Roaring
Fork.
Account Numbers 00102-04323-84124 $ 3,200
Council Contingency - $891 for Sensible Growth Symposium, $1,500 for
Elk Mountain Grand Traverse, $300 for Club 20 Trip, $2,300 for A Tent
in the Meadow, $1,000 for Aspen School District, $500 for Girls to
· ' Women, $30,000 for Havey Productions, and $500 for Land Trust Rally.
Account Number 00103-03000-8xxxx $ 36,991
4
City Manager - Recognize costs associated with VRM dues. The AMP
Manager supplies and services, a cafeteria plan consultant, Interactive
Associates Training and city publications - the Year-End Report and the
AMP Book were funded from the central savings pool which is controlled
by the City Manager.
Account Number 00105-05000:81700 $ 5,950
00191-32410-82900 5,000
00106-06000-82000 7,000
00106-06100-81500 2,000
00105-05000~82100 7,200
Risk Management-Recognizecosts associated with~Lhe Y2K Coordinator.
AccountNumber 00109-09200-80030 $ 20,000
00109-09300-82000 6,000
00109-09300-82900 4,000
Community Development - Recognize costs associated with AACP
Update, Historic structures and markers, and the Historic Preservation
Design Grant.
Account Number 00113-47510-82100 $ 67,000
00113-13400-82000 15,000
00113-13400-82070 30,000
Environmental Health - ReCognize costs associated with the Wildlife
Protection Ordinance and Environmental Ranger funded from savings.
Account Number 00125-25600-82900 $7,000
00125-25600-80012 27, 160
Streets - Recognize the costs associated with the Koch Street Plan.
Account Number 00091-30700-82900 $ 2,750,000
Recreation - Recognize the costs associated with salary upgrades to
minimum funded from central savings.
Account Number 00171-71000-80012 $ 4,500
5
Ice Garden - Recognize costs associated with the replacement of the
radiant heating system.
Account Number 00074-70024-82900 $ 30,000
Transfers - Recognize the funding transfers in for the Koch Street Plan
and DEPP, the transfer out for the Main Street Enhancement Project,and
the correction of the G.O. Housing Debt transfers.
Account Number 00196-00000-96150 $ 1,350,000
00196-00000-96120 1,400,000
00196r00000-96100 60,000
00095-00000-95450 10,000
00196-00000~95605 500
00195-00000~97203 500
PARKS & OPEN SPACE
$15,000 for the Sacred Open Space Plan, $177,000 for the purchase of
the Aley Property, $100,000 for the purchase of Bass Park, $1,460 for
missing grant funds, $33,000 for additional fleet, $7,500 in fleet trade-in
revenues and an additional $60,000 transfer to General Fund for
irrigation, trees, greenery and mall improvements related to DEPP.
Account Number 10094-55525-82000 $ 15,000
10094-55617-86000 177,000
10094-55627-86000 100,000
10001-04323-84017 1,460
10055-52400-86300 33,000
10000-00000-92000 7,500
10095-00000:95001 60,000
MALL
$13,500 for additional fleet.
Account Number 11055-53400-86300 $13,500
WHEELER
$1,400,000 transfer to General Fund AMP for the Koch Street Plan.
Account Number 12095-00000-95001 $ 1,400,000
HOUSING / DAY CARE
$9,000 for the Tenant Legal Support Project, $3,340,000 for the
purchase of Bass Park, $3,500 for labor, $23,000 for emergency funding
for the Wildwood School and $1,350,000 transfer to General Fund AMP
for the Koch Street Plan.
Account Number 15024-24000-82900 $ 9,000
15094-55627-86000 3,340,000
15024-24000-80012 3,500
15024-24100-84707 23,000
15095-00000-95001 1,350,000
WATER
$21,000 for the Water Meter Replacement Program, $144,500 for the
Meadowood Pump Station, $100,000 for the Highlands Water &
Sanitation District Buyout, $13,500 for the Maroon/Castle Creek Road.
Account Number 42 194-43533-82900 $ 21,000
42194-43551-82900 144,500
42194-43542-82900 100,000
42194-43544-82030 13,500
ELECTRIC
$10,000 for the department's salary upgrade to market and $150,000 for
the Maroon Creeh Roundabout.
Account Number 43145-45000-80012 $ 10,000
43194-45925-83300 150,000
RUEDI
$40,000 for Telemetry System originally funded in the Water Fund.
Account Number 44494-43503-82900 $ 40,000
7
TRANSPORTATION / PARKING FUND
$216,564 for on-going Transportation Projects, $10,000 transfer from
General Fund AMP for Main Street Enhancement and $1,897,459 for the
City's portion of the Maroon Creek Roundabout.
Account Number 45032-32100-82180 $ 226,564
45096-00000-96001 10,000
45094-32'550-82700 1,897,459
8
Section 2
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independenI provision and such holding shall not affect the validity of the
remaining portion thereof.
Section 3
A public hearing on the ordinance shall be held on the 14th of June, 1999 at 5:00 p.m. in the City
Council Chamber, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by the City Council of
the City of Aspen, Colorado, at it's regular meeting held at the City of Aspen, May 241h, 1999.
John Bennett, Mayor
ATTEST:
Ka~hryn Koch, City Clerk
FINALLY, adopted, passed and approved on the day of ,
1999.
John Bennett, Mayor
ATTEST:
Kathryn Koch, City Clerk
2
EXHIBIT 2
GENERAL FUND AMP CARRY FORWARD
Various Departments - Assest Management Plan (AMP) carry forward is
comprised of those projects that were not completed in 1998. There was
$2.7 million budgeted in AMP for 1998 of which $1.8 million was
expended. In order to complete projects and/or to purchase necessary
equipment, departments have requested $565,652 to be carried forward
into 1999. The General Fund AMP cash balance is able to fund these as
well as the 1999 budgeted AMP. Below is a recap of the AMP carry
forward requests.
Animal Shelter $ 24 007
Work/Office/IS Equipment 61 855
City Hall Maintenance 65 784
Ice Garden Maintenance 29 065
Housing Maintenance 14 996
Bridge Repairs &Design 31 700
ADA Improvements 20 000
Engineering Standards 15,000
Traffic &Survey Studies 9,177
Storm Drainage 31,847
Street Improvements 20,503
Pedestrian Enhancements 101,985
Smuggler Pedestrian Improvements 139,733
565,652
1
MEMORANDUM
To: Mayor and City Council
Thru: Amy Margerum, City Manager
CC: Sheila Steinauer, City of Aspen Budget Director
Lynn Dunlop, Pitkin County Budget Director
From:Thomas S. Dunlop, Director .~)
Environmental Health Department
Re: 1999 Supplemental Budget Request
Date: March 23, 1999
Summary:
This is a request for an appropriation to recover costs incurred by the Environmental
Health Department When Betsey Kipp left employment. The amount requested is $3,827.
Background and Discussion:
When an employee leaves the City there is a cost associated with that event that is not
normally a budgeted line item. The costs are accumulated through a settlement
determined by the amount of unused vacation, sick leave and benefits. In Betsey's case
the amount paid to her at termination was $3,827 as determined by City Finance.
This request is in conformance with past actions by the City in similar circumstances.
Alternatives:
The only alternative to requesting reimbursement through an appropriation is to assume
the buy-out costs in the Environmental Health Department budget. It is the
recommendation of the Environmental Health Director that Council approve this
appropriation request.
h:budget.bkbuyouLdoc
MEMORANDUM
To: Mayor and City Council
Thru: Amy Margerum, City Manager.
CC: Sheila Steinauer, City of Aspen Budget Director
Lynn Dunlop, Pitkin County Budget Director
From: Thomas S. Dunlop, Director
Environmental Health Department
Re: 1999 Supplemental Budget Request
Date: March 24,. 1999
Summary:
This request is for $10,000 to hire a private consultant to perform work for the
Environmental Health Department. The source of this money is from savings to Pitkin
County that was realized as a result of the departmental split in January 1999. All
funding for this request will come from Pitkin County, none from the City of Aspen.
Background and Discussion:
In January 1999 the Aspen/Pitkin Environmental Health Department was split into a city
department and a county department. As the result of this action Pitkin County realized a
savings of approximately $21,000. Due to loss of trained staff through resignation, and
work load, hiring of a private consultant to assist with county projects is imperative to
performance and compliance with specific obligations. The consultant will be working in
the Consumer Protection, Land Use, and Wastewater programs.
This request is for labor costs, no material purchases are anticipated.
It is unknown if this request will extend beyond the amount of time that can be purchased
for $10,000. The intent is to put the department in order within the next few months to
better manage job demands. This will be accomplished through hiring a full time
replacement to fill acurrent Environmental Health Specialist vacancy, and to continue
program efficiency evaluations to maxirnize staff performance.
Alternatives:
An altemative to hiring a private consultant is to pursue hiring permanent staff for the
department. This is seen as acquiring a liability that may not be necessary to accomplish
the tasks before us. It is felt that during this time of re-building, using savings from the
departmental split to strengthen performance, the public will be better served, and long
term liability will be minimized.
h:budgct.9~approp.doc
MEMORANDUM
To: Mayor and City Council
· Thru: Amy Margerum, City Manager
CC: Sheila Steinauer, City of Aspen Budget Director
Lynn Dunlop, Pitkin County Budget Director
From: Thomas S. Dunlop, Director
Environmental Health Department
Re: 1999 Supplemental Budget Request
Date: May 18, 1999
Summary:
This is a request for an appropriation of $7,907 to offset expenses of the Environmental
Health Department. Funding for this request is from Pitkin County only.
Background and Discussion:
The Environmental Health Department has realized increased fees and revenue for
service in1999 as the result ofvarious actions at the State level. In particular legislation
allowing local health departments to increase restaurant license fees was passed. Also, a
reauthorization of the ability. of local government to continue to collect landfill tipping
fees to offset expenses at Superfund sites was passed.
Through increased activity in the Superfund program, fees collected at the landfill to
offset expenses of this program are being retained by Pitkin County. The landfill fees are
used to cover expenses in the Superfund program making it a zero gain. These tipping
fees can only be used on superfired projects as defined by the State. If the County does
not spend the money it reverts to the State for use at other Superfund sites.
The increased Superfund revenues anticipated increase is $12,938, which is totally
recognized by theCounty. However, the amount of this appropriation request is $7,907.
Pitkin County has budgeted $7,907 as a revenue and expense for 1999.
All funding for this request will come from Pitkin County, none from the City of Aspen.
Alternatives:
The alternative is to not approve this request. The purpose of this program is to become
more self-reliant and less dependent on General Fund resources. By denying this request
the department will remain supported at past levels from existing sources. It is important
to restate that the Superfund fees are not increased revenues, rather they pay for lane and
operations as experttied. Food service fees are an increase in revenues over past years.
h:budget.99approl .doc
Memorandttrn I ~,~-~. ~, I
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: June 14, 1999
RE: Moore Annexation - Ordinance No. ~21~ - First Reading
Attached for your consideration and review is a proposed ordinance which, if adopted, would annex
the Burlingame Ranch Property to the City of Aspen. This matter is before you for First Reading.
The petition for annexation was filed with the City Clerk on March 29, 1999. On April 12, 1999,
City Council adopted a resolution finding substantial compliance with Section 31-12-107(1), C.R.S.
A public hearing was held on May 24, 1999, at which time Council determined that the proposed
annexation was in compliance with §§ 31-12-104 and 31-12-105, C.R.S.
Attached for your information please find a copy of the Burlingame Ranch Annexation Report
prepared by the City Community Development Department for the Pitkin County Board of County
Commissioners. The report was prepared in accordance with state law as the area proposed to be
annexed is greater than ten acres. Appended to the report is a copy of a map of the area proposed to
be annexed.
City staff will be present at the public heating to answer any questions you might have on the
proposed annexation and potential impacts the annexafon will have on City operations.
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.
? ' Unlike previous annexation ordinances, this ordinance contains language .that would authorize the
Community Development Director to approve minor amendments to the Moore Family PUD and
,- Final Plat. The Moore subdivision and PUD was approved by the Pitkin County Board of County
Commissioners following t_heir PUD regulations. City staffs experience following the Maroon
Creek Club annexation and other similarly large projects is that invariably minor amendments are
necessary to the final development approvals. In that the development was approved under the
County" land use code, the proposed ordinance would grant to the Community Development
Director authority to approve minor amendments administratively by following the County's
standards for such minor amendments. This will avoid the need for construing many minor
amendments under the County's land use code as major amendments under the City Code with the
attendant procedural hurdles and delays.
ACTION REQUIRED: A Motion to approve Ordinance No.{~, Series of 1999, on first reading
on the consent calendar.
cc: City Manager
Community Development Director
JPW-O6/OT/99-G:\john\word\memos\burlingame,doc
(Series of 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MOORE FAMILY PLrD"
ANNEXATION.
WHEREAS, on March 29, 1999, the City Manager of the City of Aspen, on behalf of the
City of Aspen, the James E. Moore Family Partnership, lJl~p, Mark B Whitson, the Astri
Corporation, Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Flume LLC, Kevin L.
Patrick, and Patricia Bakur, constituting one hundred percent of 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, on April 12, 1999, the City Council did adopt Resolution No. 30, Series of
1999, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing May 24,
1999, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-12-
105~ C.R.S.; and authorizing publication of said hearing; and
WHEREAS, a public hearing was held on May 24, 1999; and
WHEREAS, the City Council, by resolution (Number 42, Series of 1999) at its regular
meeting on May 24, 1999, following a public hearing did find and determine said Petition for
Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
WEEAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest; and :
WHEREAS, Pilltin County granted the owners of the Moore Family PUD land use
approvals that have been memorialized in a Subdivision Improvements Agreement and Planned
Unit Development pursuant to the County's Planned Unit Development (PUD) regulations; and
WHEREAS, the Pitkin County PUD regulations differ slightly from the City's PUD land
use regulations and experience has indicated that on occasion, following an annexation of property
into the City that has received land use approvals in the County, it becomes necessary to make
minor amendments to the Final Plat and PUD; and
WHEREAS, the City Council desires to allow the City' s Community Development Director
to approve said minor amendments to the PUD and Final Plat consistent with the County PUD land
use regulations that do not dearly contradict City PUD regulations without the necessity to amend
the City land use regulations or require the applicant to follow needlessly cumbersome City land
use regulations for minor amendments.
NOW, THEREFORE, BE rr ORDAINED BY THE C1TY COUNCIL OF THE CrrY OF
ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "Moore Family PUD", 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 Government 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. The Community Development Director is hereby authorized to
approve minor PUD amendments to the Moore Family PUD which are intended to change an
element or condition of the development permit; provided, however, that the proposed amendments
are consistent with the following standards:
a. The amendment must be a clarification or a technical correction to a plat.
b. The amendment must not change the use of the proposed development
between residential, commercial and tourist accommodation uses.
c. The amendment must be consistent with action taken during the review of
the original development and does not constitute new land development
activity.
d. The proposed activity does not:
i. Change the basic character of the approved use of land on which the activity
occurs including basic visual appearance and method of operation;
ii. Increase off-site impacts in the surrounding neighborhood;
iii. Endanger public health, safety or welfare;
iv. Substantially increase the need for on-site parking or utilities, or affect
affordable housing generation; and
v. Increase the floor area of the use by more than two (2) percent or decrease
open space on the site by more than three (3) percent.
Section 5. The Community Development Director is hereby authorized to
approve minor plat amendments to the Moore Family PUD; provided, however, that the proposed
amendments are consistent with the following standards:
'a. The amendment increases or does not affect the degree of compliance with
land use code standards;
b. The amendment is being made to a recorded plat which has been approved
by the City; and
c. The amendment is consistent With representations made to Pitkin County
during the conceptual and detailed subdivision reviews whichever is
applicable.
Section 6. 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 7. 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.
12NTRODUCED, 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
4
FINAt !-Y adopted, passed and approved this day of
,1999.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch~ City Clerk
JPW-O6/10/99-G:\john\word\ords\moore.doc
S
MEMORANDUM
To: City Council
· Thru: Dave Tolen, Housing Director
From: Lee Nova,k, Housing Project Manager
Subject: Truscott Architect and Site Planning Contracts
Date: June 3, 1999
Summary:
Attached are two contacts for conceptual design work for the Truscott redevelopmerit. The contract with
Ted Guy and Associates is for conceptual architectural work for the housing portion of the project. The
contract with DHM, Inc. is for site planning services. The Guy contract will be paid completely out of the
Housing/Daycare fund, while the DHM contract will be split evenly between Iselin bond money and the
Housing fund. These contracts (along with the Charles Cunniffe Architect contract being forwarded by
Golf and also on this agenda), will provide the necessary consultant services to obtain conceptual approval
for the redevelopment
Background:
Council has directed staff to move forward with planning and design for the redevelopment of Truscott
place. In order to proceed, staff felt that a comprehensive site plan would be needed to coordinate the golf,
recreation and housing improvements for the site. To create a quality comprehensive plan, the staff felt that
a site planer was the obvious primary consultant for the conceptual planning stage.
Staff solicited Statements of Qualifications from site planning in-ms and three ~nalists were selected. A
panel consisting of staff from Golf, Parks, and Housing and one member of the golf committee interviewed
Lhese finalisls and chose DHM, Inc. to perform the work:. DHM is a Denver-based firm with an office in
Carbondale. They have an extensive background in designing employee housing in National Parks and
other sensitive environments. They also have two principals from their firm based in their Carbondale
office. These people will work on this project.
DHM's contract is for a total amount of $61,616 plus reimbursables. Of that total amount, $5,088 is an
optional cost for including the Youth Center in site planning for Truscott. The remaining $56,528 will be
split evenly between the Housing and Iselin Bond funds. For this amount, DHM will coordinate the work of
all other consultants on this project up until conceptual approval and will provide site design services. A
complete scope of work is attached to the contract.
A similar process (but a different review committee) was used to select Ted Guy and Associates as the
Housing Office's architect for the conceptual stage. Ted Guy will work with DHIvl to design the housing
portion of the Truscott project. Guy will provide conceptual floor plans and layouts for buildings. One
advantage of choosing Guy & Associates is their in-house structural engineering capabilities. These skills
will prove helpful when examining options for the former Red Rooflnn.
The total amount of the contract with Ted Guy and Associates is $70,500 plus reimbursables. This will
include all necessary work products and presentations required to reach a conceptual approval. A new
contract will be needed for final design, construction documents and construction administration. Not
entering into a contract which includes all of those services at this date provides us with more flexibility for
future consultant selection.
The Housing and Golf offices chose to use separate architects in order to find a fn'm that best suited the
product each department was trying to create. Guy and Associates has more experience in developing
multi-family buildings, while Cunniffe is more experienced with golf course facilities,
Since the number of units is so widely ranging, it is difficult to discern what percentage of the overall
budget these contracts are. These prices do fit within our early budgets.
Recommendation:
Staff recommends that Council approve these two contracts-along with the Cunniffe contract-so that work
can proceed on the planning for the Trustoft redevelopment. Staff believe~ that these fn'ms will provide
high quality work and that these contract mounts are reasonable for the scope of work outlined in each.
RESOLUTION NO.
(SERIES OF 1999)
A RESOLUTION GRANTING THE ARCHITECTURAL SERVICES AGREEMENT TO
THEODORE K. GUY AND ASSOCIATES, P.C., FOR THE CITY'S TRUSCOTT
REDEVELOPMENT, 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 Theodore K. Guy and Associates, P.C., 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 Theodore K. Guy and Associates, P.C., regarding the
conceptual architectural work for the housing portion, 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.
John S. Bennett, Mayor
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ,1999.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Theodore K. Guy and Associates, P.C., Box 1640. 23280 Two Rivers
Road, Basalt, Colorado 81621 ("Architect").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Scope of Services. Architect shall perform in a competent and professional manner the
Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated herein.
2. Completion. Architect shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Architect.
3. Payment. In consideration of the work performed, City shall pay Architect Seventy
Thousand Five Hundred ($70,500) plus reimbursable expenses in the event that all Phases are
performed as requested by City. The City shall have the option of asking Architect to perform any
number of Phases of.the Project. Payment shall be based upon the Fee Proposal, for phases performed.
The City shall notify Architect of phases it wishes to have performed via formal written Notices to
Proceed. Fees including any additional services or reimbursable expenses will be paid on percent
complete on a monthly basis.
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions of
another, the provision in the Contract Document listed first below shall govern, except as otherwise ..
specifically stated:
a. Agreement
b. Request for Proposals & Scope of Services
c. Proposal/Cost estimate and attachments, including all written
representations of Architect
A~1-981 Page 1 .-
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Architectural Services.
5. Coml>liance With Procumment Code. The Architect acknowledges that this Agreement
is entered into subject to the mquimments of the City of Aspen Procumment Code, Title 4, of the
Aspen Municipal Code.' As such, the Architect agrees to comply with all requirements of said
Procumment Code, and such requirements are incorporated herein by this reference (copies Of the code
are available upon request to the City for a nominal charge); Architect shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procumment Code shall be deemed as a waiver of any action or defense that the
Architect may have against the City by mason of such violation of the Procumment Code.
6. Non-Assi~nability. Both parties recognize that this contract is one for specific services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Architect of any of the responsibilities or
obligations under this agreement. Architect shall be and remain solely responsible to the City for the
negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Architect to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
may be due to any sub-contractor.
7. Termination for Default or for Convenience of City.
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1. Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may ailow
or shorter, but not less than three (3) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand-delivery or
mailing to the Architect of a notice specifying the default. If mailed, said notice
shall be sent by certified mail, return receipt requested, to the address specified
heroin for Architect.
The Architect shall not be in default be reasons of any failure in performance of
this Agreement in accordance with its terms if such hilum arises out of causes
beyond the control and without the fault or negligence of the Architect. Such
causes may include, but are not restricted to, acts of God, natural disasters,
strikes, or freight embargoes, but in every case the failure to perform must be
beyond the control of the Architect. Upon request of the Architect, the City shall
ascertain the facts and failure, and, if the City shall determine that any failure to
AGI-981 Page 2 _
perform constituted a valid commercial excuse, the performance shall be revised
accordingly and notice of default withdrawn; or
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Architect a written notice of termination, specifying the reasons
therefor, and the effective date of such termination. The effective date shall not be
earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3)
business days. The notice of termination shall be sent regular first-class mail to the
address of the Architect herein provided. The Architect or the City may terminate this
Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees
shall be earned after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Architect shall become the
property of the City. Notwithstanding the above, Architect shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Architect, and the City may withhold any payments to' the Architect
for the purposes of set-off until such time as the exact amount of such damages due the
City from the Architect may be determined.
c. Termination Procedure. After the effective date of the notice of termination for default
or for the convenience of the City, unless otherwise directed by the City, the Architect
shall:
1. Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
4. With the approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in part in accordance with this Agreement.
d. Termination Payment. After 'the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 3 hereinabove,
including costs incurred and profit to the date of termination (but not for future profit,
which shall not be paid), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, howeyer, that in
AG1-981 Page 3 _
the event of default by the Architect, no extra costs incurred because of ten'aination
shall be paid to the Architect and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Architect on account of any default. Such
claim must be submitted promptly, but in no event later than thirty (30) days from the
effective date of termination, unless one or morn extensions are granted in writing by
the City. Upon the Architect's failure to submit a claim in the time allowed, the City
may review the information available to it and determine the amount due the Architect,
if any, and pay the Architect the mount as determined.
e. Termination Settlement. Subject to Paragraph 5.d, the Architect and City may negotiate
the whole or any part of the mount or mounts to be paid, upon termination for default
or the convenience of the city.
f. Remedies. The Architect shall have the right of appeal from any determination made by
the City under this termination section; except that if the Architect has failed to submit
his claim within the time provided in Paragraph 5.d, above, and has failed to properly
request an extension, he shall have no right of appeal. In any case where the City has
made a determination of the mount due under Paragraph 5.d. or 5.e., above, the City
shall pay the Architect: (1) the amount the City has determined if there is no right of
appeal or if timely appeal has been taken, or (2) the amount finally determined on such
appeal if an appeal has been taken.
g. Method of Appeal. If the Architect disagrees with the City's determination under
Paragraphs 5.d. or 5.e., he can appeal this decision in writing to the City. Such appeal
must be made in writing within twenty (20) days of receipt in .writing of the City's
determination. The City shall have twenty (20) days in which to respond in writing to
the appeal. The City's response shall be final and conclusive unless within thirty (30)
days from the date of receipt of such response the Architect submits the dispute to a
court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Architect warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Architect, to solicit
or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. For a breach or violation of
this contract without liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee,' commission, pementage, brokerage fee, gift or
contingent fee. '
9. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Architect shall be, and shall perform as, an independent Contractor who agrees to use his
or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
AG1-981 Page 4 --
work are under the sole control of Architect. None of the benefits provided by City to its employees
including, but not limked to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Architect. Architect shall be solely and
entirely responsible for its acts and for the acts of Architect's agents, employees, servants and
subcontractors during the performance of this contract. Architect shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or contributions imposed or required under unemployment insurance, social
security and income tax law, with respect to Architect and/or Architect's employees engaged in the
performance of the services agreed to herein. ARCHITECT, 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 MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. Architect agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, which arise out of the Architect's performance of
services under this agreement, to the extent such injury, loss, or damage is caused by the negligent act
or oremission of the architect.
I I. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense,
a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Architect pursuant to Section 8 above in amounts and aggregates as stated
below. Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The Architect shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,
or types.
(b) Architect shall procure and maintain~ and shall cause any subcontractor of the Architect to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Architect pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive
dates and extended reporting periods shall be procured to maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory -
minimums. Evidence of qualified self~insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of ONE MHLION ($1,000,000.00) each occurrence and TWO MILLION DOLLARS
($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The
AG1-981 Page 5
policy shall include coverage for bodily injury, broad form property damage (including
completed operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products, and completed operations. The policy
shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) each occurrence and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) aggregate with respect to each Architect's owned, hired and non-owned vehicles
assigned to or used in pe~ormance of the Scope of Work. The policy shall contain a
severability of interest provision. If the Architect has no owned automobiles, the requirements
of this Section shall be met by each employee of the Architect providing services to the City
under this contract.
(iv) Architect Liability insurance with the minimum limits of F1VE HUNDRED
THOUSAND DOLLARS ($500,000) each claim and FIVE HUNDRED THOUSAND
DOLLARS ($500,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insurers. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that provided
by Architect. No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The Architect shall
be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Architect's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
corcanencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City
may offset the cost of the premiums against monies due to Architect from City.
· (f) City reserves the fight to request and receive a certified copy of any policy and any
endorsement thereto.
AGI-gSl Page
(g) The parties hemto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presen~y $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
mended, or otherwise available to City, its officers, or its employees.
12. Citv's Insurance. The parties hemto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Architect for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Architect reasonable notice of any changes in its membership or participation in CIRSA,
13. Exemption From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's State
of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is 84-
6000563.
14. Ownershi~ of Design Materials and Documents.
a. The copies or .other tangible embodiments of all design materials, whether or not such
materials are subject to intellectual property protection, including but not limited to
documents, shop drawings, computer programs developed for the Project or if such
programs are not the property of Architect or Subcontractor, data, plans, drawings,
sketches, illustrations, specifications, descriptions~ models, as-built documents, and any
other documents developed, prepared, furnished, delivered or required to be delivered
by the Architect or Subcontractor to City under the Contract Documents (collectively
"Design Material_s") shall be and remain the property of the City whether or not the
Project is commenced or completed; provided, however, that City makes payment for
the documents in accordance with this Agreement. During the term of the Agreement,
the Architect shall be responsible for any toss or damage to the Design Materials, while
the Materials are in the possession of the Architect or any of its Subcontractors, and any
such Design Materials lost or damaged shall be replaced or restored at the Architect's
expense. The intellectual property fights, if any, to the contents of or concepts
embodied in the Design Materials shall belong to the Architect or its Design
Subcontractors in accordance with their contractual relationship and may be copyrighted
by them in the United States or in any other country, or be subject to any other
intellectual property protection.
b. As to those Design Materials subject to copyright or as to which patent or trademark, or
any other form of intellectual property protection has been, is or will be obtained, the
Architect grants to City as of the date that the Design Materials are delivered or required
to be delivered to the City, a world-wide, paid-up, nonexclusive, nontransferable (except
as provided) license for the term of intellectual property protection, for the City to use,
AG1-981 Page7 _
reproduce and have reproduced, display and allow others to display and to publish and
allow others to publish, in any manner, at any time and as often as it desires, with or
without compensation to the Architect or any third party subject to the following
restrictions: (a) All copyright and other intellectual proprietary rights in or relating to
any of the Design Materials, shall remain the property of the Architect or Design
Subcontractor whether or not the Project is constructed. It is understood that, except as
provided in this paragraph, the Architect and Design Subcontractor shall have the right
to use any detail, part, concept or system(s) shown on, specified in, or inferable from the
Design Materials .on any other project and to retain copies for the Architect's or Design
Subcontractor's future use; (b) City shall not, without prior written consent of the
Architect or Design Subcontractor use Design Materials or documents, in whole or in
part, for the construction of any other project. If, however, City agrees to indemnify the
owner of the intellectual property rights against liability arising from the misuse or
incorrect use of Design Materials by City, City shall be entitled to, at no additional cost
· to the City, use such materials and documents for additions, improvements, changes or
alterations to the Project after completion. If Architect is in default under this Contract
and the Contract is terminated, City shall be entitled to use the Design Materials for
completion of the Project by others without additional compensation, or a release,
indemnification or other action by City; (c) Any reproduction of the Design Materials or
part of them shall be faithful and accurate to the original and of good quality; (d) City
shall not remove or alter, and shall reproduce and prominently display on all copies
made by City, the copyright notice and other proprietary legends appearing. on the
Design Materials when delivered to City. The restrictions set forth in (c) and (d) above
shall be imposed by City on any third party to whom the City allows to display or
publish the Design Materials.
c. It is understood that City considers the Project's aggregate architectural expression (that
is, the overall combination of the Project's visually apparent design features) and any
distinctive individual features, to be unique and of commercial value, and the Architect
and its Design Subcontractors agree not to design or build, or allow other third parties
the use of the Design Materials to design or build another structure(s) having a
substantially similar architectural expression so that an average person would relate the
structure(s) to the Project. Architect and its Design Subcontractors shall, however, be
free to use individual features from the Project or combinations of features in other
projects, so long as the Architect complies with the first sentence of this paragraph.
Architect shall include this provision in its contracts with its Design subcontractors and
provide copies of these agreements to City.
d. As of the conclusion of the Project, or in the event of termination of the Agreement,
Architect shall turn over to City any of the Design Materials referred to in above which
~ ~ have not yet been submined to City. Architect shall submit the Design Materials to City
within ten days of the conclusion of the project, or date of termination. In the event of
the failure by Architect to make Such delivery as provided above, Architect shall pay
:' City any damages City may sustain from the failure.
AG1-981 Page 8 --
15. Annual Apl~ropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any mounts that may be, from time to time, appropriated by the City on an annual basis.
It is understood that payment under any agreement is conditional upon annual appropriation of funds
by said governing body and that before providing services or materials for which funds have not been
appropriated.
16. Completeness of Am'cement. It is expressly agreed that this agreement contains .the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises. pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City: Architect:
City Manager Theodore K. Guy, President
City of Aspen _Theodore K. Guy Associates P.C.
130 South Galena Street _ Box 1640
Aspen, Colorado 81611 Basalt. Colorado 81621
18. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, nationhal origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of' any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance
or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Architect to which the same may apply and, until complete
performance by Architect of said term, covenant or condition, the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance Or indulgence.
20. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly
executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his - ,.
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City
Manager or Mayor (or duly authorized official 'in his absence) to execute the Same.
21. General Terms.
AG1-981 Page
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or mended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of' the State of Colorado as from
time to time in effect.
AG1-981 · Page 10
IN VV'ITN'ESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
Dated:
ATTESTED BY: CITY OF ASPEN, COLORADO:
By:
ARCHITECT:
WITNESSED BY,~ _----- Theodore K. Guy Assoc. P.C.
/ ,, 2.__> By:
/ ~ ~
APPROVED AS TO FORM BY: REVIEWED BY:
Project Manager
IPW-05/19199-M:~cityXcityatty~archxagl -981 .doe
AGI-981 Page
SCOPE OF WORK:
Truscott Redevelopment Affordable Housing Project
Introduction
Truscott Place is currently home to the City's golf course and a 98 unit affordable housing project. The City
is pursuing a redevelopment which will include a new golf pro shop, a tennis facility on the site of the Plum
Tree fields and a significant increase in the number of affordable housing units. The City has recently hired
dhm, inc. to lead the design team in creating a conceptual plan for the entire area. The Golf Department has
also selected Charles Cuniffe Associates as the architect for the pro shop facility. The Housing Office needs
to quickly sateel and involve an architect for the housing component of the redevelopment.
lI. Program
Currently, the Housing Authority manages' 98 rental units in thr~e separate buildings at Tinscott. The old
Red Roof lnn contains fifty studio units, while the two other buildings contain 48 one and two bedroom
units. The west end of the Old Red Roof Inn also houses the Golf Department Offices, the Housing
maintenance shop, a space for Junior Golf and a restaurant. The Housing Authority has created
programmatic drawings for the site that show between 80 and 130 new units. These schemes are attached.
Scenarios two and three show that either all or a portion of the old Red Roof building may be demolished.
All new swuctares may include structural underground parking. Since structural parking may be a
significant part of this project, the successful bidder will have a structural engineer available to provide cost
estimating for underground park/ng construction. While a specific mix of units has not been set, the
Housing Office expects that 40-60% of the units will be one bedrooms and that the rema/ning units will be
either studios or two bedrooms. A small number of three bedrooms may also be included. All of these units
will be rentals.
Ill. Scope of Work
The City's Parks and Golf Departments and the City/County Housing Office are moving forward with a
joint planning process with the goat of obtaining conceptual approval from the City Planning and Zoning
Commission and the City Council as soon as possible. At this time, the City has not set a final program for
the site. Therefore, the process of obtaining a conceptual approval will have two steps.
Step 1:
In the first step, dhm will lead the team in developing two program alternatives. The architect will be
responsible for working with the Housing Authority to develop two alternative unit mixes and layouts that
will maximize the density on the site while still retaining livability. From this the architect will provide
sufficient detail including building massing, and elevations so that dhm, inc. can incorporate the
alternatives into its designs. Architect products might include floor plans at 1/10" scale, elevations at 1/10"
scale and cost estimates for construction.
These two alternatives will be presented to a neighborhood meeting at which we will solicit feedback from
current Truscott residents and neighbors of the project. Following that meeting, w~ will present the two
alternatives to a joint City Council/Planning & Zoning Commission meeting. At that meeting one of the
alternatives will be selected. The architect will only be asked to attend the joint City Council/Planning &
Zoning Commission meeting.
Step 2:
The second step will begin after Council selects an alternative to enter into the conceptual land use process.
The architect will work with dhm to supply a sufficient level of detail for a conceptual application. This
will involve refining one of the alternatives based on feedback from the community, P&Z and Council
Architect products might include floor plans at 1/8" scale, elevations at 1/8" scale, a schematic model, and
cost estimates for construction.
After submittal, the architect may need to respond to questions from City staff who are reviewing the
project. The architect wilt also be required to attend Planning & Zoning and City Council meetings during
the conceptual review process. This means at least two and possibly four or more meetings.
Afier conceptual ar~vroval:
Following conceptual approval, a new contract will be negotiated with the architect for design development
drawings and final approval, consumction drawings, participation in the bidding and negotiation phase and
construction administration. These phases will involve the following work:
Design Development Phase:
The architect will develop more detailed floor plans for the units, preliminary foundation and structural
details, plumbing, electtics] and HVAC systems, exterior materials, storage and other detailed elements of
the project so that it can be presented for Final Approval to the Planning and Zoning Commission and City
Council. The architect will develop a preliminary construction schedule and an itemized total Project
Budget, including all general conditions, professional fees, overhead, and profit. This budget estimate must
be within 1S percent of the teams schematic design estimate. The architect will prepare all drawings
required for an application for final land use approval. The architect will make adjustments to these
drawings as required to obtain approval from the Planning & Zoning Commission and City Council.
Construction DoCument Phase:
The architect will develop construction drawings and specifications in sufficient detail to obtain building
permits and prepare a final construction budget, update the schedule. The architect will also coordinate all
utility service, and will procure all soils engineering, concrete testing, surveyor, eta., to construct the
project. The architect will also be expected m participate in value engineering.
Bidding and Negotiation Phase:
The architect will work with the Housing Office project manager to select the general contractor for
construction of the project. The architect will not be responsible for managing the contractor, but will work
as teammates under the direction of the Housing Office project manager. Following selection of the general
contractor, the architect will be involved in the subcontractor bidding process to assure that all efforts are
being made to obtain prices that will not exceed the project budget and that the selected construction
subcontractors will be able to perform the work to the highest quality standards.
Construction Phase:
The architect will follow all construction work to assure that project timelines and budgets are met and that
high quality is being achieved. The architect will assist the Contractor in interpreting the construction
drawings. All change orders will be examined for cost and timeline implications by the architect before
being approved by APCHA. The architect will also assist in managing the construction contract close-out
and punchlist.
IV. Selection Process
The APCHA has conducted a Request for Qualifications from which three architectural firms were selected
as finalists. These three firms are being invited to prepare a proposal for review by the Housing Office
review committee. The finalists shall submit five copies of the their proposal. The proposal should include
the following information:
1. Letter of intent.
2. A description of the team' s approach to the .dasign challenges posed by the sitei
3. Description of work products.
4. Information on any additional consultants.
5. A proposed budget for conceptual design services only.
All proposal shall be sent, and any .and all questions or comments directed to the APCHA as follows:
Lee Novak, Project Manager
Aspen/Pitldn County Housing Authority
530 East Main Street, Lower Level
Aspen, CO 81611
Phone: 920-5137
Fax: 920-5580
All proposals must by received by the APCHA, at the above address, no later than 5:00 p.m., March 2.4,
1999. Interviews will be held on the morning of March 29, 1999.
Upon request of and at the direction of the APCHA, proposers may be required to supply additional
information, or make additional or supplemental submissions under secondary selection criteria, if any are
deemed necessary by the selection committee.
During the selection process, all proposals shall remain confidential. The entire selection process
(procuremerit) file shall be opened to the public (which includes all proposers) after an agreement is
approved by the APCHA, except those items for which con~dentiality has been requested in writing by the
proposers and the APCHA's attorney has reviewed and determined to be properly confidential under the
State Open Records Act and other relevant statutes and regulations.
The APCHA will endeavor to finalize a contract by April 15, 1999.
Evaluation Criteria and Wei~hine:
Selection of the proposers will be based equally on their proposals and their performance in the interview.
Proposals will be evaluated upon the following criteria and their relative importance (or as the same may be
mended or supplemented by published secondary selection criteria, if any):
1. Professional quality, comprehensivehess, and responsiveness of the proposal to the requirements of the
scope of work. (10 %)
2. Experience, qualifications, ability, approach to problemssolving of team members. (25 %)
3. Quality, substance and desirability of the teams approach to the project's design issues. (40 %)
4. Proposed Compensation for services. (15 %)
5. Financial responsibility of proposer (including response of references). (10 %)
MAY-13-1999 89: 48 THEODORE K GUY ASSOC 9709274813 P. 02
I F',II QQQRE K OIJy ASSOCIATES PC
May 13, 1999
Lee Novak
Project Manager
Housing Office
City of Aspen/Pitkin County
530 East ~4ain Street, Lower Level
Aspen, Colorado 81611
Re: Truscott RedevelOpment
Dear Lee;
We wish to confirm our calculations on the fee for 5tops One and Two of the Truscot~
Redevelopment as defined in your memo daed March 12, 1999. We will provide the services
described within the RFP for the fee of $70,500 plus reimbursable expenses such as
reproduction, postage, long distance communications and travel outside the ROaring Fork Valley,
Included in the fee is the conceptual and schematic design work needed to prepare two
redevelopment concepts which maximize density and manage parking requirements while
maintaining livabi[ity. Each concept will be in sufficient detail to produce q/10 scale plans
and elevations and character sketches. We will provide cost estimates, attend a maximum of
two neighborhood meetings and a maximum of three joint meetings of the Aspen P&Z and City
Council
AJso included in the fee is the modification of the redevelopment proposal as the result of city
and neighbor input in sufficient detail to prepare 1/8 scale plans, elevations, character
sketches and all other required material for a conceptual application to the city. We will
provide a second cost estimate and a three dimensional massing model within this fee.
We will be utilizing our Mechanical/Electrical engineer, our Contractor ConsiJItants, our
Landscape Consultant, our Green Architecture Consultants, and Civil Engineer consultant on
limited basis as part of our fee.
This fee does include our time during the review and consideration of the conceptual application
including response to staff questions and attendance at the Planning and Zoning and City Council
meetings dudng the conceptual review.
-- Any and all work beyond this stage of the project will f~ll under a new negotiated contract
between the archke~ and the client at a later date.
Please call if you have any questions or need additional information.
Sinc ; .. :
T~Ol~i~ K GUY ASSOOATES PC
99116 L4
TOTAL P. 02
RESOLUTION NO. ,~ (SERIES OF 1999)
A RESOLUTION GRANTING THE ARCHITECTURAL SERVICES AGREEMENT TO
DHM DESIGN CORPORATION, FOR THE CITY'S SITE PLANNING 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 DHM Design Corporation, 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 DHM Design Corporation, regarding the site planning
services, 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.
John S. Bennett, Mayor
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree
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
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
This Agreement .made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and DHM Design Cornoration, 580 Main St.. Suite 110, Carbondale,
Colorado ("Consultant").
For and in consideration of the mutual Covenants contained herein, the parties agree as follows:
1. Scope of Services. Consultant shall perform in a competent and professional manner
the Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Consultant shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Consultant shall submit, for the City's approval, a schedule for the
performance of Consultant's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Consultant.
3. Payment. In consideration of the work performed, City shall pay Consultant SIXTY-
ONE THOUSANrD SIX HUNDRED SIXTEEN DOLLARS ($61,616) in the event that all Phases are
performed as requested by City. The City shall have the option of asking Consultant to perform any
number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases performed.
The City shall notify Consultant of phases it wishes to have performed via formal written Notices to
Proceed. Fees including any additional services or reimbursable expenses be paid on a percent
complete on a monthly basis.
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions of
another, the provision in the Contract Document listed first below shall govern, except as otherwise
specifically stated:
a, Agreement
b. Request for Proposals & Scope of Services
c. Proposal/Cost estimate and attachments, including all written
AGI-981 Page
representations of Consultant
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Consultantural Services.
5. Compliance With Procurement Code. The Consultant acknowledges that this
Agreement is entered into subject to the requirements'of the City of Aspen Procurement Code, Title 4,
of the Aspen Municipal Code. As such, the Consultant agrees to comply with all requirements of said
Procurement Code, and such requirements are incorporated herein by this reference (copies of the code
are available upon request to the City for a nominal charge). Consultant shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procurement Code shall be deemed as a waiver of any action or defense that the
Consultant may have against the City by reason of such violation of the Procuremerit Code.
6. Non-Assimaabilitv. Both parties recognize that this contract is one for specific services
and cannot be transferred, assigned, Or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Consultant of any of the responsibilities or
obligations under this agreement. Consultant shall be and remain solely responsible to the City for the
negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Consultant to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
may be due to any sub-contractor.
7. Termination for Default or for Convenience of City../
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1. Whenever the Consultant shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may allow
or shorter, but not less than three (3) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand-delivery or
mailing to the Consultant of a notice specifying the default. If mailed, said
notice shall be sent by certified mall, return receipt requested, to the address
specified herein for Consultant.
The Consultant shall not be in default be reasons of any failure in performance
of this Agreement in accordance with its terms if .such failure arises out of
causes beyond the control and without the fault or negligence of the Consultant.
Such causes may include, but are not restricted to, acts of God, natural disasters,
strikes, or freight embargoes, but in every case the failure to perform must be
beyond the control of the Consultant. Upon request of the Consultant, the City
shall ascertain the facts and failure, and, if the City shall determine that any
AGI-981 Pag~ 2 _
failure to perform constituted a valid commercial excuse, the performance shall
be revised accordingly and notice of default withdrawn; or
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Consultant a written notice of termination, specifying the
reasons therefor, and the effective date of such termination. The effective date shall not
be earlier than the date of hand-delivery or the date of mailing of the notice, plus three
(3) business days. The notice of termination shall be sent regular first-class mail to the
address of the Consultant herein provided. The Consultant or the City may terminate
this Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees
shall be earned after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings maps, models,
photographs, reports or other material prepared by the Consultant shall become the
property of the City. Notwithstanding the above, Consultant shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Consultant, and the City may withhold any payments to the
Consultant for the purposes of set-off until such time as the exact amount of such
damages due the City from the Consultant may be determined.
c. Termination Procedure. After the effective date of the notice of termination for default
or for the convenience of the City, unless otherwise directed by the City, the Consultant
shall:
1. Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
4. With the approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in pan in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the C6nsultant shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 3 hereinabove,
including costs incurred and profit to the date of termination (but not for future profit,
which shall not be paid), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, however, that in
AG1-981 Page
the event of default by the Consultant, no extra costs incurred because of termination
shall be paid to the Consultant and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Consultant on account of any default.
Such claim must be submitted promptly, but in no event later than thirty (30) days from
the effective date of termination, unless one or morn extensions are granted in writing
by the City. Upon the Consultant's failure to submit a claim in the time allowed, the
City may'review the information available to it and determine the amount due the
Consultant, if any, and pay the Consultant the amount as determined.
e. Termination Settlement. Subject to Paragraph 5.d, the Consultant and City may
negotiate the whole or any part of the amount or amounts to be paid, upon termination
for default or the convenience of the City.
f. Remedies. The Consultant shall have the right of appeal from any determination made
by the City under this termination section; except that if the Consultant has failed to
submit his claim within the time provided in Paragraph 5.d, above, and has failed to
prope~y request an extension, he shall have no right of appeal. In any case where the
City has made a determination of the amount due under Paragraph 5.d. or 5.e., above,
the City shall pay the Consultant: (1) the amount the City has determined if there is no
right of appeal or if timely appeal has been taken, or (2) the amount finally determined
on such appeal if an appeal has been taken.
g. Method of Appeal. If the Consultant disagrees with the City' s determination under
Paragraphs 5;d. or 5.e.; he can appeal this decision in writing to the City. Such appeal
must be made in writing within twenty (20) days of receipt in .writing of the City's
determination.' The City shall .have twenty (20) days in which to respond in writing to
the appeal. The City's response shall be final and conclusive unless within thirty (30)
days from the date of receipt of such response the Consultant submits the dispute to a
court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Consultant warrants that s/he has not employed or
retained any company or person, other than a bona fide employee working for the Consultant, to solicit
or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. For a breach or violation of
this contract without liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
9. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
, ' nothing contained in this agreement shall reiult in, or be construed as establishing an employment
relationship. Consultant shall be, and shall perform as, an independent Contractor who agrees to use
his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant
; of Consultant shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
AG1-981 Page4 _
work are under the sole control of Consultant; None of the benefits provided by City to its employees
including, but not limited to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Consultant. Consultant shall be solely and
entirely responsible for its acts and for the acts of Consultant's agents, employees, servants and
subcontractors during the performance of this contract. Consultant shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or' contributions imposed or required under unemployment insurance, social
security and income tax law, with respect to Consultant and/or Consultant' s employees engaged in the
performance of the services agreed to herein. CONSULTANT, AS AN INDEPENDENT
CONTRACTOR, SItALL NOT BE ENTITLED TO WORKERS' COMPENSATION
BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX
ON ANY MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. Consultant agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including claims arising from bodily injury, personal
injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner
connected with this contract~ if such injury, loss, or damage is caused in whole or in part by, or is
claimed to be caused in whole or in part by, the negligent act, omission, error, Consultant error of the
Consultant, any subcontractor of the Consultant, or any officer, employee, representative, or agent of
the Consultant or of any subcontractor of the Consultant, or which arises out of any workmen's
compensation claim of any employee of the Consultant or of any employee of any subcontractor of the
Consultant. The Consultant agrees to investigate, handle, respond to, and to provide defense for and
defend against, any such liability, claims or demands at the sole expense of the Consultant, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. The Consultant also agrees to bear all
other costs and expenses related thereto, including court costs and attorney fees, whether or not any
such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the
final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in
whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City
shall reimburse the Consultant for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
11. Consultant's Insurance. (a) COnsultant agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and
othe~ obligations assumed by the Consultant pursuant to Section 8 above in amounts and aggregates as
stated below. Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The Consultant shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 6 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,
or types.
2
(b) Consultant shall procure and maintain, and shall cause any subcontractor of the Consultant
to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
AG1-g81 Page 5 --
continuously maintained to cover all liability;'Claiin~, demands, and other obligations assumed by the
Consultant pursuant to Section 8 above. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting .periods shall be procured to maintain such continuous
coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory
minimums. Evidence of qualified self-insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX
HLrNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy shall be applicable
to all premises and operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations,), personal injury (including coverage for
contractuai and employee acts), blanket contractual, independent contractors, products, and
completed operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than THREE HUNDRED THOUSAND
DOLLARS ($300,000.00) each occurrence and THREE HUNDRED THOUSAND DOLLARS
($300,000.00) aggregate with respect to each Consultant's owned, hired and non-owned
vehicles assigned to or used in performance of the Scope of Work, The policy shall contain a
severability of interest provision. If the Consultant has no owned automobiles, the
requirements of this Section shall be met by each employee of the Consultant providing
services to the City under this contract.
(iv) Consultant Liability insurance with the minimum limits of TWO HUNDRED
FIERY THOUSAND DOLLARS ($250,000) each claim and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insurers. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that provided
by Consultant. No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The Consultant
shall be solely responsible for any deductible losses under any policy required above.
2
(d) The certificate of insurance provided by the City shall be completed by the Consultant's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
AGI-981 Page 6 _
canoeled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Consultant to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Consultant to City upon demand, or City
may offset the cost of the premiums against monies due to Consultant from City.
(f) City reserves the fight to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Inununity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available t6 City, its officers, or its employees.
12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool, Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and axe available to Consultant for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Consultant reasonable notice of any changes in its membership or participation in CIRSA.
13. Exeml~tion From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's State
of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is 84-
6000563.
14. Ownership of Design Materials and Documents.
a. The copies or other tangible embodiments of all design materials, whether or not such
materials are subject to intellectual property protection, including but not limited to
documents, shop drawings, computer programs developed for the Project or if such
programs are not the property of Consultant or Subcontractor, data, plans, drawings,
sketches, illustrations, specifications, descriptions, models, as-built documents, and any
other documents developed, prepaxed, furnished, delivered or required to be delivered
by the Consultant or Subcontractor to City under the Contract Documents (collectively
"Design Materials")shall be and remain the property .of the City whether or not the
Project is commenced or completed; provided, however, that City makes payment for
the documents in accordance with this Agreement. During the term of the Agreement,
the Consultant shall be responsible for any loss or damage to the Design Materials,
AG I -9 8 1 Page
while the Materials are in the possession of the Consultant or any of its Subcontractors,
and any such Design Materials lost or damaged shall be replaced or restored at the
Consultant's expense. The intellectual property rights, if any, to the contents of or
concepts embodied in the Design Materials shall belong to the Consultant or its Design
Subcontractors in accordance with their contractual relationship and may be copyrighted
by them in the United States or in any other country, or be subject to any other
intellectual property protection.
b. As to those Design Materials subject to copyright or as to which patent or trademark, or
any other form of intellectual property protection has been, is or will be obtained, the
Consultant grants to City as of the date that the Design Materials are delivered or
required to be delivered to the City, a world-wide, paid-up, nonexclusive,
nontransferable (except as provided) license for the term of intellectual property
protection, for the City to use, reproduce and have reproduced, display and allow others
to display and to publish and allow others to publish, in any manner, at any time and as
often as it desires, with or without compensation to the Consultant or any third party
subject to the following restrictions: (a) All copyright and other intellectual proprietary
rights in or relating to any of the Design Materials, shall remain the property of the
Consultant or Design Subcontractor whether or not the Project is constructed. It is
understood that, except as provided in this paragraph, the Consultant and Design
Subcontractor shall have the right to use any detail, part, concept or system(s) shown on,
specified in, or inferable from the Design Materials on any other project and to retain
copies for the Consultant's or Design Subcontractor's future use; Co) City shall not,
without prior written consent of the Consultant or Design Subcontractor use Design
Materials or documents, in whole or in part, for the construction of any other project. If,
however, City agrees to indemnify the owner of the intellectuai property rights against
liability arising from the misuse or incorrect use of Design Materials by City, City shall
be entitled to, at no additional cost to the City, use such materials and documents for
additions, improvements, changes or alterations to the Project after completion. If
Consultant is in default under this Contract and the Contract is terminated, City shall be
entitled to use the Design Materials for completion of the Project by others without
additional compensation, or a release, indemnification or other action by City; (c) Any
reproduction of the Design Materials or part of them shall be faithful and accurate to the
original and of good quality; (d) City shall not remove or alter, and shall reproduce and
prominently display on all copies made by City, the copyright notice and other
proprietary legends appearing on the Design Materials when delivered to City. The
restrictions set forth in (c) and (d) above shall be imposed by City on any third party to
whom the City allows to display or publish the Design Materials.
c. It is understood that City considers the Project's aggregate Consultantural expression
(that is, the overall combination of the Project's visually apparent design features) and
any distinctive individual featUres, to be unique and of commercial value, and the
-. ' Consultant and its Design Subcontractors agree not to design or build, or allow other
third parties the use of the Design Materials to design or build another structure(s)
having a substantially similar Consultantural expression so that an average person
AG1-981 Page
would relate the structure(s) to the Project. Consultant and its Design Subcontractors
shall, however, be free to use individual features from the Project or combinations of
features in other projects, so long as the Consultant complies with the first sentence of
this paragraph. Consultant shall include this provision in its contracts with its Design
subcontractors and provide copies of these agreements to City.
d. As of the conclusion of the Project, or in the event of termination of the Agreement,
Consultant shall turn over to City any of the Design Materials referred to in above
which have not yet been submitted to City. Consultant shall submit the Design
Materials to City within ten days of the conclusion Of the project, or date of termination.
In the event of the failure by Consultant to make such delivery as provided above,
Consultant shall pay City any damages City may sustain from the failure.
15. Annual Appropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis.
It is understood that payment under any agreement is conditional upon annual appropriation of funds
by said governing body and that before providing services or materials for which funds have not been
appropriated.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire und. ertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City: Consultant:
City Manager _Laura Kirk
City of Aspen DHM Design Corporation
130 South Galena Street 580 Main St., Suite 110
Aspen, Colorado 81611 _Carbondale, CO 81623
18. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Consultant agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance
or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Consultant to which the same may apply and, until complete
AG1-981 Page
performance by Consultant of said term, covenant or condition, the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
20. Execution of Am'cement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained heroin, this agreement shall not be binding upon the City unless duly
executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City
Manager or Mayor (or duly authorized official in his absence) to execute the same.
21. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understana that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
AG1-981 Page
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an origintd on the
date hereinafter written.
Dated:
ATFESTED BY: CITY OF ASPEN, COLORADO:
By:
APPROVED AS TO FORM BY: REVIEWED BY:
JPWkO5/19/99-M:Xcity~ityatly~a'ch~agl -981.doc
AG1-981 Page
SCOPE & FEE SUBMITTAL
Truscott Housing/Plum Tree Golf Course
Site Design
Client: Aspen Housing Office/Aspen Parks Department Date: 3/1/99
, Firm: DHM Design Corporation Revised: 6/1/99
Job No.: 98314-00
Fee Summary Discipline Labor Misc. Exp. Total
Conceptual Design
1.0 DHM Design Corporation PlanninodLA $33,233 $997 $34,230
2.0 Sopris Engineering - See attached scope* Civil Engineer $6,000 At 1.1 *cost $6,000
3.0 Charlier - See artached scope Transportation $6,974 $375 $7,349
Total $46,207 $1,372 $47,579
Conceptual PUD
1.0 DHM Design Corporation Planning/LA $8.688 $261 $8,949
Fees for other consultants to be negotiated as Total $8,688 $261 $8,949
needed after completion of Conceptual Design.
Sopris Engineering Services to include preliminary layout and sizing of all major utilities including sewer, water, storm, and
~lectrical. Coordination w/utility companies to determine sizing and w! consultants to determine optimum routinS
based on new site plans is also included. Preliminary layouts will serve as the basis for cost estimating.
Youth Center Design
1.0 DHM Design Corporation Pianning/LA $4.940 $I48 $5,088
Total $4,940 $148 $5;088
Itemized Summary, Title Rate Hours Total
1.0 DHM Design Corporation
ConceptUal Design
1.1 Labor
1.1.1 lst Team Meeting- 3/16/99 Sr. Principal $110 $0
Participate in workshop on-site with Project Project Mgr./Principal $85 8 $680
Team to establish parameters of work and Staff La $52 $0
discuss programming needs for various entities. Task Sub-Total $680
DHM to notify consultants of meeting, prepare
meeting agenda & schedule, and run workshop.
Includes one coordination meeting w/Sopris.
1.t.2 Transportation Meeting -3/24/99 St. Principal $110 $0
Arrange meeting with City Staff, Charlier ProjeCt Mgr./Principal $85 5 $425
Associates, and DHM in Aspen to discuss major Staff La $52 $0
transportation issues. Set scope for ~'anspor~ation Task Sub-Total $425
consultant and discuss preliminar~ solutions for
Highway 82 intersection.
1 .1.3 2nd Team Meeting - 4/30/99 Sr. Principal $110 $0
Participate in workshop on-site with Project Project MgrjPrincipal $85 12 $1,020
Team to review &solidify programming needs for vario Staff La $52 $0
entities. DHM to coordinate meeting w/City Staff Task Sub-Total $1,020
& consultants, prepare meeting agenda & revised
schedule, and run workshop. Includes two
coordination meetings with Ted Guy Associates.
Significant additions to the site program after this worksho
will result in additional services (i.e. another Youth Center
1.1.4 Base Map Preparation
Prepare base information for consultant use. Sr. Principal $110 $0
Establish project schedule and coordinate w/ Project Mgr./Principal $85 4 $340
consultants. Gather information for dissemination StaffLa $52 . 8 $416
to consultants. Survey to be provided by City. Task Sub-Total $756
1.1.5 Site Alternatives Sr. Principal $110 $0
Prepare 2 site alternatives based on program Project Mgr./Principal $85 140 $1 t ,900
from City & other team members. Coordinate work Staff La $52 40 $2,080
efforts w/other team members. Includes two meetings Task Sub-Total $13,980
w/Cunniffe; three w/Guy; and four with City Staff.
City reviews/workshops at 50% & 90% complete w/
project managers. Meetings also to include one workshop
w/Planning & Zoning on May 18th (no drawings to be
presented at this meeting).
Products:
Two hard-lined hand rendered site plans
Two illustrative/rendered site cross-sections per alternative
Four sketches/vignettes 1 lxl 7 per alternative
1.1.6 Cost Estimating Sr. Principal $110 $0
DHM will prepare a conceptual level cost Project Mgr./Principal $85 16 $t ,360
estimate. The cost estimate will be broken into Staff La $52 24 $1.248
phases consistent with anticipated construction Task Sub-Total $2,608
projects. Cost estimating efforts Will be coordinated
with other team Consultants. Sopris Engineering
will provide most of information for site costs based
on historical information with DHM providing
quantities and landscape costs (trees, shrubs, play equip. etc.)
1.1.7 Public Meetings Sr. Principal $110 4 $440
Prepare for and attend 1 public meeting with Project Mgr.~rincipaI $85 8 $680
neighborhood groups. Facilitate meetings &gather Staff La $52 $0
information from constituents. Task Sub-Total $1,120
1.1.8 Public Meetings Sr. Principal $110 4 $440
Prepare for and attend one joint Planning & Zoning, Project Mgr./Principal $85 8 $680
&City Council Meeting to present two design StaffLa $52 $0
alternatives. Drawings presented for neighborhood Task Sub-TotaI $1,120
meeting will be used for this meeting as well.
1.1.9 3rd Team Meeting Sr. Principal $I 10 $0
Review input from neighborhood meetings. Project MgrdPrincipal $85 8 $680
Develop one scheme to refine into preferred Staff La $52 $0
conceptual alternative. Discuss phasing Task Sub-Total $680
options as they relate to cost estimating.
Coordinate meeting with other consultants, prepare
agenda, run workshop.
1.2.0 Final Preferred Conceptual Alternative Sr. Principal $I 10 $0
Prepare one final conceptual alternative for Project Mgr./Principal $85 80 $6,800
PUD submittal in accordance w/guidelines. One Staff La $52 32 $I.664
meeting w/City Staff prior to submittal to review Task Sub-Total $8,464
final plan. No other presentations are anticipated.
Final plan to be based on input from public procdss.
InclUdes revised cost estimate to match final alternative.
Significant design changes to final alternative after 3rd Team
Meeting will result in additional services.
Revised Products:
Hard-lined hand rendered site plans
Two illustrative/rendered site cross-sections
Four sketches/vignettes 11 x 17
· 1.2.1 Coordinate Conceptual PUD Drawing Applicatioo Sr. Principal $110 $0
Coordinate & assemble consultant drawings for Project Mgr./Principal $85 16 $1,360
Conceptual PUD application. · Staff La $52 $0
· Task Sub-Total $1,360
1.2.2 Submit Final Conceptual Plan Sr. Principal $110 $0
Respond to staff questions for further clarification. Project Mgr./Principal $85 12 $1,020
StaffLa $52 $0
Task Sub-Total $1,020
Labor Total $33,233
Itemized Summary Title Rate Hours Total
Youth Center Design
1.0 DHM Design Corporation
1.1 Labor
l.l.l DesignSen'ices St. Principal $110 $0
DHM will include site related design issues for Project Mgr./Principal $85 52 $4,420
inclusion of a Youth Center on the Truscott Properr/. Staff La $52 10 $520
The program provided by the Youth Center will be Task Sub-Total $4,940
used to guide the design process with as many as of the
desired items as possible included in t~e final site concept.
Three meetings during the planning process with the
Youth Center are anticipated. Questions with regard to
interior space renovation will be handled by others.
Labor Total $4,940
1.2 Miscellaneous Expenses
1.2.1 Miscellaneous expenses incinding reproductions,
prints, delivery charges, photocopies, etc. to be billed
at our cost plus 10 percent. Per the agreement travel
will not be billed. Expense costs not to exceed 3% of
labor costs. $148.20
DHM Total $5,088
March 24, 1999
Laura Kirk
DHM Design
580 Main Street, Suite 110
Carbondale, CO 81623
RE: Truscott Housing Project-City of Aspen
SE Proposal No. 99000.12
Dear Laura,
Sopris Engineering, LLC (SE) is pleased to prepare the following proposal for the civil engineering services
required to develop costs and utility service viability associated with preliminary site plans for the proposed
Truscott Project.
It is our understanding from our 3/12/99 meeting and your subsequent memos, that the site plan is curren~y in the
process of being developed. Also, we understand that darting this development process you will need civil
engineering services to review utility and drainage issues.
SCOPE OF 'SERVICES:
1. We will take the existing conditions site survey and preliminary site plan and evaluate potential conflicts and
design issues from a civil engineering perepective~
2. Cost estimates will be prepared for the infrastructure which will include utilities, internal roads and parking, but
not any building or landscaping costs.
3. Cost estimates will be modified and updated as the site plan evolves and is being finalized.
4. Included are two (2) meetings with DttM, the City of Aspen staff and any other design consultants. Four (4)
coordination meetings with DItM staff. One (1) site visit is also included.
EXCLUDED SERVICES:
The services not included in this proposal are watertight research, soil or geological investigations, environmental
studies, 404 permit work, 1041 hazard review mapping, civil design, construction staking, access permit application
or any other special or unusual requirements. Fees may be negotiated for these services if required.
FEES AND PAYMENT SCHEDULE:
The above defined work will be completed for a fixed fee amount of $6,000.00 and will be completed in a timely
fashion consistent and concurrent to the site plans fmalization. Any additional public meetings, reproduction costs,
and other authorized additional services will be performed on a time and materials basis in accordance with the
enclosed schedule of hourly rates dated July, 1998.
In accepting this proposal, the client wan-ants that funds are available to compensate SE and that these funds are
neither encumbered nor contingent upon the subsequent granting of approvals, permits or financial commitments by
lending institutions or other entities.
[ 502 Main Street · Suite A3 · Carbondale, CO 81623 · (970) 704-0311 · Fax (970) 704-0313
SOPRIS ENGINEERING · LLC
Thank you for providing us w'~th the oppommity to submit a proposal for this proiect. SE looks forward to
working with you. Acceptance of this proposal may be indicated by signing the enclosed agreement and returning
one signed copy to our of'rice. Please contact us if you have any questions.
Sincerely,
SOPRIS ENGINEERING, LLC
Yancy N~chol, P.E.
Project Engineer
end: Rate Schedule
Authorization for Professional Serfices
PF'R-14-1999 13:5'7 CYmcI:~.ItER ASSOCIATES, INC. P.02
Truscott - Aspen Ho~sin~ & Parks
CA-012
Proposal to Provide Consulting Services (Phase I)
Phase I Scope of Work
Initial Macro-Scale Assessment of Mobility Issues, Opportunities and Alternatives
In Phase I, CAI propOSes to evaluate:
[1] Tragic and intersection akernatives for entranc~ roadway (~ SR 82)
[a] in~rsec~on wi~ stop sips
[c] sig~a|ized intersection
[d] sepua, ted inlzrc~p. ge
[2] Pedestziancrossings and l:~aes~ environment
Parking rapply and management
[4] Transit .c:ess and circula~cn
[5] Tr~fic drcu[alion on mterr~a l roadways
The ob]~'ive of Phase l would be: To nsolve mac~o-r. ale issues of acc~s, mobility and circulatio~ to a
degree that alknvs site design to proceed by mid- to late-June.
Th~ work would include meetLngs, telephone convena'aons and e-mail exchanges wi~h hxml
goven'u~en~ s[aff (A.spen, Pitkin County], C'DOT staff, RrrA staff, ~nd othe[ consultin~ ~-ms
(Cen~r~i~l, OTAK~ etc.). Al~o included would be participat. ion Ln an Aspen City Council m~'dng ~
Ju~, 1999. Tasks would include:
Task 1. Au~ndanc~ at meetL.~s
Task 2. Technk~l evaluation, re~h, ctrawin~s, analysis, etc.
Task 3. Cloorclinatlo~ with team on Truscot~ ske pla~
i.~ter ph~se.s of work would be described ~ later proposals as may b~ requesU~d by the City.
C:~rli~ A.~Xia~L%
Tinscott - Aq~e Hot~,~ Padcs 4./12/99
C^-0~2
PROPOSED TIME ALLOCATION: KEY PERSONNEL and HOURLY RATES
~ HOURS
T~tle/~e,-sorme! Rate TASKI ~ TASK2 i TASK3 ! ALL TASKS
TOT/LL I 20~ ~6~ 101 76
ESTIiVzA .R t U PROIECT COSTS
! TASK I TAS!( 2 TASK 3 ALL TASI~
TOTAL { s22s0 { ss/~4 ! s~ i s'/;~
Nots:
ZA.~esth~ra~f~.~eabov~k~D'~eeT:in~s~ou.&dbeco,xcL-tatedwi~o6x, rmpsm~
TOTPL P. 03
MEMORAND UM
TO: MAYOR AND COUNCIL
THROUGH: AMY MAR GER UM, CITY MANAGER
THROUGH: JOHN WORCESTER, CITYATTORNEY
FROM: PHIL 0 VERE YNDER, WATER DIRE CTOR ~ ~
DATE: JUNE 9, 1999
SUBJECT: COST REIMBURSEMENT AGREEMENT WITH CDOT
REGARDING ENGINEERING SERVICES FOR WATER
TRANSMISSION MAIN RELOCA TION--AAB C TO B UTTERMILK
SUMMARY: Approval of this agreement will provide for reimbursement by the Colorado
Department of Transportation (CDOT) for costs incurred by the City in designing a new water
transmission main. The new transmission main is necessary in order to replace a section which
will conflict with the proposed four lane highway alignment from the Aspen Airport Business
Center (AABC)) to Buttermilk. This highway segment is scheduled to be begin construction in
the spring &next year and utility relocation work will be necessary as the first phase.
BACKGROUND: CDOT has prepared a preliminary plan for highway construction for the
AABC to Buttermilk section of Highway 82. CDOT's plan requires relocation the existing water
transmission main serving the AABC and Airport areas. CDOT has requested a proposal from
the City for engineering design services necessary to replace the water transmission main..
PREVIOUS COUNCIL ACTION: City Council approved an appropriation of $100,000
associated with relocating this section of water main as part of the approval of the 1999 Asset
Management Plan (AMP). McLauhghlin Water Engineers has an existing engineering. services
agreement approved by Council which is used to cover this typeof engineering service.
FINANCIAL IMPLICATIONS: McLaughlin Water Engineers estimates the cost of the
engineering design phase of this work at $78,000. Approval of the cost reimbursement
agreement with CDOT will allow the City to recover current expenditures for the design phase of
work. The total budget for relocation of the transmission main is $1.54 million and is included in
the requested appropriation for the year 2000 AMP to allow construction of the replacement
water transmission main to proceed next spring. The Long Range Financial Plan to be presented
to City Council shows full cost reimbursement for both engineering and construction related
costs for this project. However, a separate cost reimbursement agreement will be.required with
CDOT in order to recover the City's construction related expenses anticipated to begin in 2000.
The design work must be completed in advance of this second agreement to provide a basis for
CDOT to reimburse for construction costs and in order to provide CDOT with a basis to verify
that there are no "betterments" to be included in the water line replacement.
CURRENT ISSUES: Construction of the AABC to Buttermilk section of Highway 82 is
scheduled to begin in the spring next year. Any changes in this schedule could result in further
changes to the design of the water transmission main as a result of the dynamic state of
development activities at the base of Buttermilk and in the vicinity of the Maroon Creek Club
entrance.
ALTERNATIVES: Alternatives to the proposed action include deferring engineering work until
design and scheduling issues related to this section of Highway 82 are further resolved. CDOT
staff feels that the current schedule and preliminary design for the highway alignment are
sufficiently defined to proceed to construction drawings for utility related work and have
strongly encouraged the City to proceed with this work now.
RECO3IMENDATION: Staff recommends that Council accept the cost ieimbursement
aFeement with CDOT.
PROPOSED MOTION: I move to approve the Standard Utility Agreement with CDOT for
engineering design services related to replacement of the water transmission main along
Highxvay 82 from the AABC to Buttermilk.
CITY MANGER COMMENTS:
/word~/pao/cdot
RESOLUTION NO. '~ Series of 1999
A RESOLUTION ALrFHORLZING ACCEPTANCE OF COLORADO DEPARTMENT OF TKANSPORTATION'S
STANrDARD UTILITY AGREEMENT FOR REPLACEMENT OF THE WATER TRANSMISSION MAIN FROM
THE AABC TO BUTlERMILK
WHEREAS, the City of Aspen wishes to support the completion of/mprovements to Highway 82 in
accordance with appmved environmental documents related to such improvements; and
WHEREAS, the City of Aspen's adopted budget includes an appropriation for ~cconsn'uction of the water
main in the AABC to Buttermilk section of the Highway 82 corridor; and
WHEREAS, the Colorado Department of Transportation has indicated it's willingness to reimburse the cost
of engineering design services associated with this phase of the kighway improvements; and
WHEREAS, there has been submitted to the City of Aspen a Proposed Standard Utility Agreement for
Engineering Design work, a time and accurate copy of which is attached hereto as "Exhibit A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby accepts the Colorado Department of Transportation's
offer to reimburse the cost of engineering design services, a copy of which is annexed hereto and incorporated
herein, and hereby authorizes the City Attorney and staff to execute said agreements.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on this day of
June. 1999.
Rachel Pdchards, Mayor
SUB ACT 12269
COLORADO DEPARTMENT OF TRANSPORTATION c,~n=act rou~r,g ~
STANDARD UTILITY AGREEMENT NH 0821-051
This agreement is for: ~jSf, Engineering design and inspcction work ~m~ec~ # (co.s~,.c~o.) SP 0821-053
n Construction work L=ca~,o. AABC TO BUTTER~'VIILK
THIS AGREEMENT, made on (date) is between the State of Colorado for the use and benefit of the
Colorado Department of Transportation (STATE) and CITY OF ASPEN (OWNER).
WHEREAS:
1. The State considers it necessary to make certain improvements on the State Highway System which are located as
follows: 82
County PITKIN Highway Number
Located from MILE POST 37,3 (STA 810.10) to MILE 1'O51 39.2 (5'1A 910+43)
2. The proposed highway improvements make it necessary to relocate, adjust, or install certain facilities that belong to
the Owner, and require performance of the "Work" which is generally described as follows:
PRELIMINARY AND FINAL DESIGN OF RELOCATION AND/OR ADJUSTMENT OF
WATER LINES, FIREHYDRANT, VALVES AND APPURTENCANCES, AS A RESULT OF
CDOT CONSTRUCTION PROJECT TO WIDEN SH 82 FROM TWO LANES TO FOUR LANES.
3. The Owners Preliminary Plans, attached as Exhibit B, show the Work in detail. The Owner shall prepare the plans in
conformance with Pan 645, Subpart A of Title 23, Code of Federal Regulations (23 CFR 645A).
4. If the Owner is a governmental subdivision of the State it is not required by law to perform the Work at its own ex-
pense. The State has the authority to enter a governmental subdivision agreement under C.R.S. Sec. 43-1-225.
5. If the Owner holds a real property interest at this Ioc,~tion its Work costs are compensable under eminent domain. The
State will have on record suitable evidence of compensable real property interest.
6. The Slato's payment of the Work costs performed by or at the direction of the Owner is made under state law and
does not violate a contract between the: ',.,,'.or and the State.
7. The Owner and the State must comply with the current versions of 23 CPR 645 and "Accommodation of Utilities within
State Highway System Rights of Way" (CDOT Policy DirectFie 390) to obtain federal participation in the costs of the work.
8. The State desires the Owner to complete the Work as soon as possible.
NOW THEREFORE, THE OWNER AND STATE AGREE:
1. The Owner must perform or have performed the Work in accordance with all terms and conditions of this agreement.
2. The State will reimburse the Owner for the Work costs after the Work is completed to the State's satisfaCtion and the
State has recieved proper billing. The State and the Owner have estimanted the costs of the Work as shown in the
Owners Cost Estimate, Exhibit A.
3. The Owner wi!l use the metS-.:d indicated below to determine the Work costs:
XDg;] A. The direct and indirect costs accumulated under a work order accounting procedure prescribed by a federal or
state regulat0ry body and estimated at $ $78,000.00
8
- if greater than $ 0,000., the State will retain 10% of billed costs, up to a maximum of 5% of the odginal contract
amount, prior to the required audit by the State. (C.R.S. Sec. 24-91-103)
- if less than $80,000., the State will not retain any portion of the billed costs. '
Based on the eligible costs as determined by the State's audit. the State will either pay the Owner for costs in
excess of any previous payments, or the Owner will reimburse the State for any previous payments in excess of
eligible costs, whichever is applicable.
The State will pay the Owner intermediate payments for Work completed when requested and properly billed.
Payments will not be made more than once a month:
m B. The lump sum amount of $ as detailed on the Owners Cost Estimate, Exhibit A. (This
method not to exceed $25,000)
Under this method the State will make payment to the Owner when properly billed and the completed Work is
inspected and accepted by the State.
4. The amount the State pays the Owner under this agreement will be full compensation for all the eligible costs incurred t
by the Owner while performing the Work.
5. If right-of-way or easement costs are included in this agreement the Owner must invoice these claims separately.
6. After this agreement is executed by the parties and is approved by the State Controller, the State will give the Owner
written authorization to proceed with the Work. The Owner shall complete the Work within 4'-.~" days after receiving
this wdften authorization.
7. The Owner must obtain State approval pdor to the award of any contract between the Owner and another part~, for the
pedormance of any pan of the Work. The Owner must adhere to all applicable state and federal statutes and regulations
pertaining to the performance of the Work, inc{uding those relating to letting of contracts by public bid.
8. In the performance of the Wc~rk, the Owner, its contractor(s), and any subcontractor(s) will:
a. RecorS-tha Work costs in accordance with 23 CFR 645A and any other applicablo regulations or procedures.
b. Provide the State with all information and reports required by state or federal statute or regulation.
c. Retain all Work related records, including contract records between Owner and any contractors, for three
years after the final payment.
d. Permit the State or FHWA to access all Work records as necessary to determine compliance with this agree-
ment. Records access will be permitted at any reasonable time during the performance of the Work and up to
three years after reciept of final payment.
9. If the Owner is relocating a facility within the Highway right-of-way it must follow the "Accommodation of Utilities within
State Highway System Rights-of-Way" (CDOT Policy Directlye 390).
10: This agreement will terminate on the date the State makes final payment to the Owner, with the exception of the
continuing records retention requirements in clause 8(c) and 8(d).
11. The Owner must submit all bills to the State no later than 120 days after completeing the Work.
12. If the Owner determines during the performance of the Work that the estimated Work costs will increase beyond the
estimate, Exhibit A, the Owner must obtain a supplemental agreement before performing any Work which will exceed the
current estimated cost. The Owner must itemize all cost increases on the final billing.
13. If this agreement includes construction work, the Owner, must give credit to the State for the salvage value as
explained in 23 CFR 645.117(h). The State has the right to inspect recovered materials before disposal by the Owner.
14. The following documents, including all supplements and amendments, are incorporated as part ofthis agreement.
Items a, b, c, and d are attached. Items e and f are available upon request.
a. The Special Provisions (for the purpose of the special provisions, the Owner is the "contractor".)
b. CDOT Form #70, "State Utility Agreement Appendix".
c. Owners Cost Estimate (Exhibit A).
d. Owner's Preliminary Plans {Ehibit B).
e. 23 CFR 645
f. Accommodation of Utilities within State Highway System Rights of Way (CDOT Policy Directive 390)
ATTEST: STATE OF COLORADO
I swear under penalty of perjury in the second degree Roy Rpmer, GOVERNOR
and any other applicable state or federal laws that I am
authorized to enter this agreement and the statements
madearetrueandcompletetothebestofmyknowledge. By
Owners Aumodzed RepresentaWe APPROVED: Attorney General
By
'n~e APPROVED: State Controller
By
SUB ACCOUNT 12269
COLORADO DEPARTMENT OF TRANSPORTATION utility project no.
NH 0821-051
STATE UTILITY AGREEMENT APPENDIX
Construction project no,
SP 0821-053
Utility name (Owner) CITY OF ASPEN - WATER
[] 1. The preXiminary engineering and/or inspection will be performed by:
[] Owner )~ consultant - attach consultant certification
2. The construction work will be performed by:
[] Owner [] subcontractor: (m low bid rl ongoing agreement)
3. Proof of real property interest or right of occupancy is:
[] Recorded title: k. county I book Ipage
[] Affidavit (attached) ~ form no.
[] Local ordinance: k no. Idate
[] Easement (copies attached)
~ Governmental subdivision (C.R.S. Sec. 43-1-225)
CDOT engineer checked the correct location and ownershi right-of-w or easements?
~ [] [] 4. Has the ~n~ ~-~ ~ ~
if yes I teg~on utility engineer s~nature
5. Existing utilities are:
~ on existing CDOT right-of-way.
· on a right-of-way that CDOT will acquire.
NOTE - The Owner must have a CDOT permit if located in the right-of-way. The region right-of-
way section must handle the exchanging of easements with the Owner.
[] DX [] 6. If the existing utility occupies both public and private right-of-way, are the State's and the Owner's
share of the Work costs shown on the estimate?
I~ [] [] 7. Do the attached plans show the existing facilities in red, and the proposed in green?
rq ~ rn 8. Does the Work involve replacement of a building, pumping station, substation, or any other
similar unit?
- if yes: the Owner must show. the expired service life on the estimate.
Ex [] [] 9. Will the removed facility be replaced with a comparable facility?
- iftherep~acementisabetterment'the~wnermustsh~witsshare~ftheW~rkc~st~ntheestimate.
[] ~ [] 10. Does the estimate include credit for recovered materials?
11 . Where will arl records of this Work be maintained?
130 SOUTH GALENA, ASPEN, COLORADO 81611 1 §' ( 7920-5001
12. WhO will be the liaison representative on this adjustment?
Repre,ent,tive ,,~,, PHIL OVEREYNDER . ~ ~7(~920-500
10 S UTH GA ENA ASPE
REGION UTILITY COORDINATOR
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney ~/U
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Christopher Bendon, Planner
RE: Burlingame Ranch Rezoning
- First Reading of Ordinance No.~, Series of 1999
DATE: June 14, 1999
SUMMARY:
Burlingame Ranch is a City owned parcel of land recently annexed into the City limits. This
186.8 acre parcel of land lies on both sides of State Highway 82 at the intersection with Owl
Creek Road. State Statute requires the City to assign the property to the appropriate zone
district(s) within 90 days of the final annexation. The annexation ~nalized on May 10, 1999,
and the land must be provided zoning by August 10, 1999.
A 37 acre parcel of land originally part of the Burlingame Ranch was not annexed into the
City and remains in Pitkin County. This county parcel is expected to be sold as a single-
family development site after a building envelope is designated and approved by Pitkin
County. The 37 acre parcel is no longer part of Burlingame Ranch, is not within the City's
jurisdiction, and is not pan of this zoning recommendation.
Burlingame Ranch has been the topic of several potential affordable housing developments.
· "Burlingame Village," is a significant development concept for approximately 200 - 250
affordable housing units to be located either in the "bowl" area, or "parcel A," or land north
and east of the bowl in coordination with the Zoline Family parcel. This concept is just that -
a concept. No plans have been submitted for this project and this memorandum does not
contain any findings or recommendation concerning Burlingame Village. Due to the lack of.
information available at this time on the potential project, staff is recommending this bowl
area be zoned Rural Residential (RR) - a two-acre zoning designation consistent with the
previous Pitkin County zoning.
The second area discussed for possible affordable housing is the "Seasonal Housing" site.
This land was referred to as "Parcel B" during initial discussion about the ranch. This
Seasonal Housing project has received preliminary land use approval and is currently being
considered for final land use approval. The land use application requests a rezoning of the
land to the Residential Multi-Family (RMF-A) Zone District. Staff is recommending this
land be assigned to the Rural Residential Zone Disc'let with the expressed acknowledgement
of, and deference to if approved, the pending land use application. In other words, if the
seasonal project is approved the zoning will defer to the more specific Ordinance. If for any
reason the seasonal project is not approved, the Rm-al Residential will prevail and will not
have to be reconsidered.
The last area for possible future affordable housing is the land adjacent to the southern
portion of the Aspen Airport Business Center. This area was referred to as areas "C" and
"D" during initial discussion about the Ranch. Again, while this area can support the
development of affordable housing, no plans have been submitted and this memorandum doe
not contain any findings or opinions about development on this portion of Burlingame Ranch.
Staff recommends this area be assigned to the Rural Residential Zone District.
The remaining areas of Burlingame Ranch are "Deer Hill" and the entire portion of the
property west of State Highway 82. These lands, for the most part, are inappropriate for
significant development due to steep slopes or the airport. These areas, approximately 143
acres, are proposed for the Conservation Zone District - a ten-aci'e zoning consistent with the
previous Pitkin County zoning.
Lastly, the annexation included approximately 9 acres of land within the State Highway 82
right-of-way. There are no development rights associated with rights-of-way and no
significant reasons to apply zoning to these lands. Both the City of Aspen and Pitkin County
have traditionally applied zoning to these lands for less significant reasons: t) the maps look
better; 2) most jurisdictions apply Zoning to rights-of-way; and, 3) an appropriate zone
district is effective if the area is ever vacated. Staff has included language in the proposed
Ordinance assigning land within the annexed rights-of-way to the zone district of the adjacent
parcel.
Staff recommends City Council adopt Ordinance Number;~5, Series of 1999, upon
first reading and establish the second reading and public hearing as July 12, 1999.
APPLICANT:
Community Development Department, City of Aspen.
LOCATION:
Comer of State Highway 82 and Owl Creek Road.
ZONING:
Former Pitkin County Zoning: Approximately 107 acres was zoned AFR-10, and
approximately 71 acres was zoned AFR-2
Proposed.' Approximately 143 acres in Conservation (C). Approximately 35 acres in Rural
Residential (RR). Approximately 9 acres lie within read rights-of-way and are proposed to
be zoned consistent with the adjacent land. A more specific zoning analysis is provided as
Exhibit B.
LOT SIZE:
186.8 acres. A 37 acre parcel previously part of the Burlingame Ranch was not annexed and
remains in Pitkin County. Approximately 9 acres is within the State Highway 82 corridor
leaving approximately 178 acres of developable land.
CURRENT LAND USE:
Undeveloped lands.
PROPOSED LAND USE:
The portion of Burlingame Ranch closest to the Maroon Creek Club affordable housing
complex is currently being considered for a 101 unit affordable housing development.
2
There have been discussions for significant affordable housing projects on both the "bowl"
area on the far east of the parcel and the area south and east of the BMC West parcel. Both
of these projects are merely conceptual and no formal applications have been submitted.
PREVIOUS ACTION:
The Aspen Plam~ing and Zoning Commission recommended approval of this zoning by a 6-1
vote. City Council has not previously considered this rezoning request.
REVIEV~' PROCEDURE:
Rezoning. The City Council shall consider the application at a public hearing and approve,
approve with conditions, or deny the application.
BACKGROUND:
The subject property was annexed into the City of Aspen on May 10~ 1999. The City has a
statutory obligation to provide this property with zoning within 90 days of the final
annexation.
A land use application for a 101 unit Seasonal housing complex is currently under review for
that area of Burlingame Ranch just north of the Maroon Creek Club affordable housing
complex. This recommendation proposes Rural Residential (RR) for this area while the
Seasonal Housing land use application is requesting a rezoning to the Residential Multi-
Family Zone District. Staff has approached this rezoning in this manner to maintain zoning
similar to that provided in the county in the event the Seasonal Housing application is not
approve& The proposed Ordinance proposes RR for this area with the specific deference to
any final decision on the Seasonal Housing project.
STAFF CO~,IMENTS:
Review criteria and Staff Findings have been included as Exhibit A. An analysis of the
previous and proposed zoning is provided as Exhibit B. Previous and proposed zoning maps
are provided as Exhibit C.
RECO~MENDATION:
Staff recommends City Council adopt this Ordinance, upon first reading, establishing the
second reading and public hearing as July 12, 1999.
RECOMMENDED MOTION:
"i move to adopt Ordinance NumberS5, Series of 1999, upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Zoning Analysis
Exhibit C -- Previous and Proposed Zoning Maps
(SERIES OF 1999)
AN ORDENANCE OF THIZ CITY COUNCIL, OF TIlE CITY OF ASPEN, COLORADO,
ASSIGNING BURLINGAME RANCH TO THE CONSERVATION (C) AND RURAL
RESIDENTIAL (RR) ZONE DISTRICTS.
PARCEL NO. 2735-031-00-805
WHEREA~, a parcel of land located on either side of State Highway 82 at the Owl
Creek Road intersection, commonly referred to as "Burlingame Ranch" was annexed into the
City of Aspen on May 10, 1999, pursuant to Ordinance No. 16, Series of 1999; and,
WItEHEAS, the property is approximately 186.8 ± acres, legally described herein; and,
WHEREAS, the City Council of the Ci~ of Aspen must designate a zone district for the
property within 90 days of the annexation; and,
WHEREAS, the City Council may approve Amendments to the Official Zone District
Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformanee with the review criteria set forth in Section 26.92; and,
WI'IEHEAS, the Community Development Department analyzed the parcel of land and
recommended the property be included in the Conservation (C) and Rural Residential (RR) Zone
Districts; and,
WHEREAS, during a duly noticed public hearing on June 1, 1999, the Planning and
Zoning Commission took and considered public testimony and recommended, by a six to one
vote (6-1), City Council include this property in the Conservation (C) and Rural Residential (RR)
Zone Districts; and.
WHEREAS, the boundaries for said zone district designations are described herein; and,
WHEREAS, the Community Development Department and the Planning and Zoning
Commission, recognizing the pending land use application to rezone a portion of this parcel
located just north of the Maroon Creek Club affordable housing Complex for the purpose of a
Seasonal Affordable Housing development, recommend the City Council include language
associated with the area of the proposed project to allow the more specific land use approvals to
prevail; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director and the Planning and Zoning Commission during a duly noticed
public hearing; and,
WHEREAS, the City Council finds that the Conservation (C) and Rural Residential. (RR)
Zone Districts, as applied m the lands described herein, are the most appropriate zoning
classifications for this property, meeting or exceeding all applicable standards, and consistent with
the goals and elements of the Aspen Area Community Plan; and,
WI-IEREAS, the City Council find~ that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY I'I-IZ CITY COUNCIL OF I'HE CITY OF
ASPEN, COLORADO, THAT:
Ordinance No. , Series of 1999.
Page 1
Section 1:
The Official Zone District Map of the City of Aspen shall be amended by the Community ·
Development Director to reflect Bu~ingame Ranch, as described in Section 2, as
included in the Conservation (C) and Rural Residential (RR) ZOne Districts, The
Community Development Director shall use the survey descriptions contained in Section
2 as the basis for determining the zoning boundaries.
Section 2:
Burlingame Ranch Legal Description:
The Burlingame Ranch parcel is legally described as:
Legal from Jim ***
Land to be included in the Rural Residential CRR) Zone District:
Land to be included in the Rural Residential Zone District should include:
1. The portion of Burlingame Ranch residing east of State Highway 82 and south of the
Aspen Airport Business Center, legally described as follows:
[Legal from Jim ***]
2. TheportionofBurlingameRanChresidingeastofSmteHighwayg2andcommonly
referred to the "bowl," legally described as follows:
[Legal from Jim ***]
3. The portion ofBurlingame Ranch residing east ofState Highway 82 and currentb' being
considered for a I01 unit seasonal affordable housing development, legally described as
follows:
[Legal from Jim ***]
Land to be included in the Conservation (C) Zone District:
Land to be included in the Conservation Zone should include:
1. The entire portion of Burlingame Ranch, within the City of Aspen, residing west of State
Highway 82, and the portion of Burlingame Ranch residing east of State Highway 82,
known as "Deer Hill," legalb, described as follows:
[Legal from Jim *** (Whole Ranch minus RR areas)]
Land Within Road Rights-of-Way:
All land within State Highway 82 and other public street rights-of-way shall be zoned
consistent with the City Zone District designation of the adjacent parcel. In the event the
right-of-way is bordered by two different City zone districts, the center line shall become
the zoning boundary. In the event the right-of-way is bordered entirely by parcels in
Pitkin County jurisdiction, the zoning for that area of the right-of-way shall be consistent
with the City Zone District designation of the parcel in closest proximity.
Deference to Burlingame Seasonal Housing Proposal:
That in the event the pending land ~se application for the Seasonal Affordable Housing
development is approved, the zoning for that land should coincide with the
recommendations and approvals granted in the final Ordinance for said project, otherwise
the zoning for that land should be Rural Residential
Ordinance No. ___, Series of 1999.
Page 2
Section 3:
This Ordinance shall not effec~ 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:
tf 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 the City Clerk is directed, upon the adoption of this Ordinance, to record among the real
estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance.
Section 6:
A public hearing on the Ordinance was held on the 12th day of Juty, 1999, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 14th day of June, 1999.
Attest:
Kathryn S. Koch, Cit3' Clerk Rachel Richards, Mayor
FINALLY, adopted, passed and approved this day of ,1999.
Attest:
Kathryn S. Koch, City Clerk Rachel Richards, Mayor
Approved as to form:
Cit31 Attorney
Ordinance No. , Series of 1999.
Page 3
EXHIBIT A
BURLINGAME RANCH
STAFF COMMENTS: Bur!ingame Ranch Rezoning
Section 26. 92. 020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed zoning is consistent with the Land Use Code and does ngt represent any potential
conflicts. This zoning provides the most congruent land use regulations with those previously
provided in Pitkin County and provides the most appropriate zoning given the location,
topography, access, and considering there is no formal application describing the uses and
densities proposed in the contemplated "Burlingame Village."
This zoning recommendation proposes Rural Residential (RR) for that area being considered for
the Seasonal Housing project. Pending approval, that land will be rezoned to the RMF-A Zone
District. The P&Z Resolution recommends the 3.9 acre area he zoned RR or as otherwise
approved with the pending land use application for the Seasonal Housing project. This allows the
zoning for the entire ranch to move forward independent of the pending application and allows
the Commission 's recommendation to remain valid regardless of the Seasonal Housing project's
outcome. In fact, the proposed Seasonal Housing project may be considered by Council prior to
second reading for the zoning for the entire Burlingame Ranch, in which case the Ordinance
rezoning the entire ranch will reflect the approved zoning classification for the Seasonal Housing
project.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
Contrary to many statements that have been made about this parcel, the 1993 AACP did not
identify Burlingame Ranch as a site for affordable housing. Of course this 1993 plan identified
specific parcels based on a then current understanding of their ownership and immediate future.
Staff underscores a commonly used statement about comprehensive plans: They are broad in
scope and general in nature. While the 1993 plan considered specific parcels, the more general
parcel characteristics are not limited by arbitrary ownership boundaries. In other words, what
was said about one parcel may often times be said about the neighboring parcel.
In close proximity to Burlingame Ranch and providing some guidance for this parcel, two sites
were identified in the 1993 AACP with the following recommendations:
Staff Comments 1
The Zoline parcel.' 1 ("great" rating), deed restricted lots via the growth management
process. If this property ever submits a growth management application for development
this would be an appropriate location for deed restricted lots.
Pfister (Maroon Creek Club Att): 2 ("good" rating), if in the event the Development
Corporation cannot put the 39 deed restricted units in the location as approved at the
intersection of Stage Road and Highway 82, the location should be to-evaluated and
perhaps units should be dispersed throughout the property in a less-dense manner.
The Zoline parcel could still be developed and sold as deed restricted lots, However, there has
been presented the opportunity for a partnership with the City to develop an affordable housing
project on a portion of the Zoline parcel. The Pfister parcel (Maroon Creek Club) was developed
in the original development pattem (not re-evaluated). The affordable housing units were a
mitigation requirement by the Count,:' and the property is now withi~ the City of Aspen.
The draft update of the community plan (the 1998 AACP) identifies the Burlingame Ranch parcel
as a secondary site for the development of affordable housing. This is a draft plan and has not
been adopted. Following are statements relevant to the Burlingame parcel from the draft AACP:
· "... we again call for a critical mass of permanent residents and employees to be housed
within the urban area. Our goal is to reverse the tide and bring back the ebbing balance of
our community/rosort." .Excerpt from Managing Growth Philosophy.
· "We should endeavor to bring back the middle class back into the community. We should
discourage sprawl and recognize its cost to the character of our community, our open spaces,
and our rural resources." Excerpt from Managing Growth Philosophy.
· "To conserve our rural resoumes, we recommend that an Aspen Community Boundary be
identified... A Community Growth Boundary will focus and reduce infrastructure
expenditures, reduce the spread ofdevelopmem into the countryside and maintain a rural
character between communities, while at the same time promoting concentrations of
development supportive of transit and pedestrian accessibility." Excerpt from Managing
Growth Philosophy.
"Local and regional land use and development patterns should enable and support travel by
alternative modes of transportation. New development should take place only in areas well
served by transit, and only in compact, mixed-use patterus that are conducive to walking and
bicycling?' Excerpt from Transportation Philosophy.
· "We still believe that a 'critical mass' of local working residents is needed to sustain our
economy." Excerpt from Affordable Housing Philosophy.
· "... we believe it is important for Aspen to maintain a sense of opportunity and hope (not a
guarantee) for our workforce to become vested members of the community." Excert~tfrom
Affordable Housing Philosophy.
Staff Comments 2
· "Housing sites should be rated with emphasis placed on living within walking distance of
transit, employment areas and social connections." Excerpt from Affordable Housing
)~hilosophy.
· "Development of affordable housing within the traditional town site should be encouraged so
as to promet our open and rural lands." Excerpt from .4ffordable Housing Philosophy.
· '~Evaluate opportunities for publicly held properties to be developed Or redeveloped to
include or be replaced by affordable housing. The public holds properties that could be
redeveloped with affordable housing without impeding the existing use. These parcels
should be evaluated for their qualities as affordable housing sites and their ability to
contribute to our town's affordable housing dilemma without consuming our valuable rural
lands or open space." Excerpt from Affordable Housing Action Plan.
Staff believes the proposed zoning is consistent with the AACP. It is important to note that this
land continues to be considered for a significant affordable housing development. The concept of
this potential development, Burlingame Village, is included in the draft 1998 AACP and
represents many of the goals and objectives of the Community Plan. Staff, however, believes
that individual land use applications should be able to "stand on their own" with respect to the
finally adopted AACP and does not wish to prejudge the project and up-zone the Burlingame
Ranch parcel without the opportunity to fully evaluate the proposed project, its impacts, and its
consistency with the AACP in its adopted form.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
Western Portion. Surrounding the western half of the parcel is a low-density residential
development, the base of Buttermilk Ski Area, and Sardy Field -the only private and
commercial airport in the county. The portion of the Burlingame Ranch parcel remaining in the
count)', and not part of this rezoning, is proposed for one single-family residence which staff
believes is consistent with the residential neighborhood. The area affected by the airport is
proposed for the Conservation Zone District restricting the land appropriately while still allowing
for passive and active recreational and farming uses. The majority of the flat portion of this land
is encumbered by the "Runway Protection Zone" (RPZ) prohibiting permanent structures,
including residences.
The majority of the steep terrain to the west is too steep to accommodate a significant amount of
development. The Conservation zone is the most appropriate for this area as the 10 acre zoning
is the least-dense classification in the City.
None of this parcel is contiguous with the Buttermilk Ski Area parcel and no coordinated
development is being considered at this time. However, the land closest to the ski area base could
accommodate a limited amount of development to the extent that compliance with the RPZ could
be maintained. In the event this area is considered for development, an application to rezone may
need to be submitted if the uses being considered are not allowed in the Conservation Zone. The
Conservation (C) zoning for the western portion of this parcel is appropriate given the
surrounding land uses and neighborhood characteristics.
Staff Comments 3
Eastern Portion. The eastern half of the parcel is surrounded by the Maroon Creek Club (MCC)
facilities and affordable housing. To the south exists the MCC facilities including short-term
lodge accommodations, golf course and associated uses including the primary maintenance
facility for the course, a complete athletic club with a restaurant, a retail pro-shop, and a multi-
unit affordable housing complex. To the east are active agricultural and cattle lands. To the north
there is a multi-use development (the ABC) containing commercial, residential, and light
industrial land uses and an approved single-family residential neighborhood. The eastern parcel
includes Deer Hill. This area is steeply sloped and inappropriate for a significant amount of
development.
Surrounding Deer Hill are several flat areas which can accommodate development. The area just
north of the MCC affordable housing is appropriate for a high-density residential development
due to its proximity to existing infrastructure and transit service. The MAA Seasonal housing
project is currently being considered for land use approval. If the Seasonal Housing project is
approved, the zoning for that parcel will coincide with the final Ordinance granting land use
approval.
The Other developable portions of the eastern half of the parcel are the "bowl" area just north of
the Soldner parcel and the area south and east of the BMC West parcel. The bowl is relatively
flat and can accommodate a significant development. Regardless of the ongoing discussions with
the Zoline Family, this bowl area can accommodate a significant amount of development and
could be justifiably zoned for Affordable Housing. However, in absence of a conceptual plan
describing the proposed uses and densities of such a project, it is inappropriate to judge the merits
of a land use application before it is submitted. The Rural Residential designation, while it may
represent an under-utilization of the property, is appropriate given the current status of the
potential Burlingame Village project and the nature of the previous county zoning.
The portion of the eastern parcel located closest to the Aspen Airport'Business Center (the ABC)
represents the remaining developable area on this parcel. In combination with one of the ABC
parcels, a significant amount of development could be accommodated. Again, in absence of a
plan describing the uses and concentrations, it is difficult to pre-judge the merits of a potential
development application. Staff recommends this area be zone Rural Residential.
The steep portions of Deer Hill are proposed for the Conservation Zone District. The
Conservation Zone allows for passive and active recreational Uses and provides a sufficient
amount of protection for the natural landscape. Staff believes these two zoning classifications for
the eastern portion of the parcel are compatible with the surrounding land uses and neighborhood.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The difference in build-out potential and trip generation between the existing zoning and the
proposed zoning is insignificant. Exhibit B describes the provisions of the previous Pitkin County
zoning and the proposed City of Aspen zoning. The density and build-out projections of this
analysis are based on pure zoning and do not account for growth management. The existing road
network has sufficient capacity to serve the allowable density of the land with this proposed
zoning.
Staff Comments 4
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 facilities, including,
but not limited to, transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
Staff Finding:
The proposed zoning does not represent the development potential to overwhelm existing
infrastructure capacities. The potential developments on this property for Seasonal Housing and
the Burlingame Village project will be required to mitigate the increased impacts on the
infrastructure including parks, schools, drainage, etc. to the extent those facilities are negatively
affected.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The zoning classifications proposed resemble the zoning which was provided in the county as
close as the City' s zoning code allows. The Conservation district is appropriate for preserving
the steep slopes, undisturbed natural sage, and indigenous wildlife associated with Deer Hill and
the steep portions of the western portion of the property. Staff believes this Conservation zoning
to be appropriate with respect to adverse impacts upon the natural. environment.
Again, staff believes it is more appropriate for the potential affordable housing developments to
"stand on their own" with respect to this criteria and does not wish to postulate on the impacts
associated with these projects until a full application is submitted. For example: the Seasonal
Housing project is requesting a rezoning along with the land use review which allows staff and
elected and appointed officials to consider the proposed development along with the up-zoning.
Staff believes the Kural Residential zoning to be appropriate for an area that can support
development.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The update of the AACP is considering a multi-layered approach in defining the appropriate
concentrations of development in Aspen and its environsl The Bufiingame Ranch parcel has
been identified by the update of the AACP which is currently under review and revision. The
general understanding of the uses and concentrations being discussed for this parcel are for
approximately 101 units (200 beds) of seasonal housing units to be located near the Maroon
Creek Club affordable housing. (This project is currently under land use review.)
The second project being considered is for approximately 200 to 250 affordable housing units to
be located on either the bowl just east of Deer Hill or further to the east in combination with the
Zoline Family. The actual configuration and density associated with this larger project may vary
greatly from the current concept as this project is in the abstract phase and may be significantly
changed as the planning process unfolds and as the community desires the project to go forward.
Staff Comments 5
Staff believes the Conservation and Rural Residential Zone Districts to be appropriate for the
land.
It should be noted, however, that significant affordable housing developments are being
considered for this parcel in the Community Plan and future up-zonings may occur as land use
applications are submitted. Staff believes these projects, at a conceptual level, represent
consistency with th~ character of the community but does not wish to prematurely up-zone the
property without the benefit of reviewing more concrete plans and their bearing on the
community's character: In this respect, these zoning designations may represent "place-holders"
until such time as complete development applications are presented and reviewed in their
entirety.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Finding:
The City has a statutory obligation to provide this property with zoning within 90 days of the
final annexation. The property was annexed into the City on May 10, 1999. This property has
been the recent topic of affordable housing discussions and may be appropriate for a substantial
development. In fact, the update of the Aspen Area Community Plan has identified this parcel as
a potential development site for affordable housing. In this sense, there have been significant
changes in the community and in the general surroundings which could justify zoning this
property to the Affordable Housing Zone DistriCt. However, without a development application
defining the location and density of development it is difficult to ascertain the level of impact
with respect to the surrounding land uses, traffic generation, impacts upon infrastructure, the
natural environment, and the community character.
Until the community arrives at a decision as to whether or not to develop the Burlingame Ranch
as affordable housing, staff believes these zone districts to be appropriate for both the interim and
long-term (if housing is not developed). In the event the community decides against an
affordable housing development, these zone districts provide a range of land uses and densities
consistent with the historical land use for the parcel.
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.
Staff Finding:
Assigning zoning to this parcel must be accomplished within 90 days of the final annexation.
These two zone districts represent the closest approximation to the previous Pitkin County
zoning, and do not pose any conflicts with the public interest. Staff believes the proposed. zoning
district promote the purpose and iment of this Title and is in harmony with the public interest.
Staff Comments 6
EXHIBIT
BURLINGAME R, ANCH
Zoning AnalySis:
Previous Pitkin County Zoning Proposed City of Aspen Zoning
Land Area Build-Out Land Area Build-Out
(acres) (res. units) (acres) (res. units)
AFR- 10 107 I 0 Conservation 143 14
(C)
AFR-2 71 35 , Rural 35 17
Residential
Total 178 45 Total 178 31
Notes:
1. Land area excludes areas within road rights-of-way.
2. The density figures do not consider growth management and do not reflect actual
development rights.
3. The proposed 101 unit Seasonal Housing Project is not included in this tabulation. This 3.9
acre parcel lies within a portion of the area proposed for the Rural Residential Zone District.
Pending approval, this area will be rezoned To Residential Muhi-Family (RMF-A).
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MEMORANDUM
To: Mayor and City Council
Thru: Amy Margerum, City Manager
Steve Barwick, Assistant City Manager
Tabatha Miller, Finance Director
From: Sheila Steinauer, Budget Director
Date: June 14, 1999
Subjecti PROPERTY TAX
Summary: The property tax revenue that was collected in 1998 for 1997
came in 6.7% over the Amendment i Limitation..It should be noted that
our refund projections have differed slightly from actual refunds in the
past, based on such things as property tax adjustments, delinquent
taxes, growth factors and the CPI. Our 1998 projected refund was
$125,812, however the Denver/Boulder CPI actual came in almost 1%
lower than was estimated. Therefore, the amount that needs to be
refunded to the taxpayers is $158,275.
Background: Amendment I limits .the amount of property tax revenue
to inflation of the previous year plus annual local growth.
Discussion: There are several options that the Council has with regards
to the refund:
· A special ballot question for special uses of the funds
· Refund the money to the taxpayers
· Temporarily reduce the Mill Levy.
Previous Council Action: 1997's refund of $15,682 was refunded
through a temporary reduction to the Mill Levy. The 1996's refund of
$77,000 was voted to be used on neighborhood projects.
Decision: A decision needs to be made by August 1, t999. Therefore, it
will be an action item on your July 12th City Council Meeting.
2
ASPEN CITY COUNCIL
CONTINUED MEETING
June 21, 1999
5:00 p.m.
I. Consent Calendar
a) Ordinance #26, 1999 - Code Amendment Definition of "Footprir~gv~
b) Letter to Scott Mclrmis Supporting Bond Fairness Act
c) Councilmember Board Appointments
II. Ordinance #23, 1999 - MAA/Burlingame Housing Final PUD
III. MAA Contract/Burlingame Seasonal Housing ~-
IV. Iselin Park Covenants