HomeMy WebLinkAboutagenda.council.regular.20171218
CITY COUNCIL AGENDA
December 18, 2017
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #174 Series of 2017- Interpretive and wayfinding design services for
the Rio Grande Park and John Denver Sanctuary.
b) Resolution #176, Series of 2017 - Contract Extension with Next Chapters for
Mobility Lab
c) Resolution #177, Series of 2017 - Wheeler and Belly Up Memo of Understanding
d) Resolution #183, Series of 2017 - Approving a Land Use Restriction Agreement
With Colorado Housing and Finance Authority to establish Income Qualification
Limits for Aspen Country Inn.
e) Resolution #175, Series of 2017 - Contract Extension with Design Workshop for
Mobility Lab
f) Resolution #180, Series of 2017 - ACRA Destination Marketing Agreement
g) Resolution #181, Series of 2017 - IGA between Pitkin County, Aspen Valley
Hospital, Aspen School District and City of Aspen for Mental Health and
Substance Use Services
h) Minutes - December 11, 2017
VII. Notice of Call-Up
VIII. First Reading of Ordinances
IX. Public Hearings
a) Ordinance #21, Series of 2017 - 500 W. Hopkins Ave. (Boomerang Lodge), PD
Amendment - TO BE CONTINUED TO JANUARY 22, 2018
b) Resolution #173, Series 2017 - 330 E Main St. - Hotel Jerome - Temporary and
Seasonal Use Review
c) Resolution #179, Series of 2017 - Appeal of an Interpretation of the Land Use
Code - regarding the removal of an Accessory Dwelling Unit at 910 E. Cooper
Ave.
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X. Action Items
a) Resolution #178, Series of 2017 - 834 W. Hallam Street, Fee Waiver Request
XI. Adjournment
Next Regular Meeting January 08, 2018
COUNCIL’S ADOPTED GUIDELINES
· Make Decisions Based on 30 Year Vision
· Tone and Tenor Matter
· Remember Where We’re Living and Why We’re Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO: Mayor and Council
FROM : Kevin Dunnett, Planning, Design and Construction Manager, Parks & Open
Space
THROUGH: Austin Weiss, Director of Parks and Open Space
Jeff Woods, Manager Parks and Recreation
DATE OF MEMO: December 8, 2017
MEETING DATE: December 18, 2017
RE: Resolution # 174 (Series of 2017): Approval of a professional service agreement
with Conservation by Design, Inc. for interpretive and wayfinding design services
for the Rio Grande Park and John Denver Sanctuary.
REQUEST OF COUNCIL: Staff recommends approval of the professional service agreement with
Conservation by Design, Inc. for the development of an interpretive and wayfinding plan for the Rio
Grande Park and the John Denver Sanctuary at a cost of $60,450. The funding for this project is being
provided through a generous grant from the John Denver Aspen Glow Foundation through the Roaring
Fork Conservancy (RFC) in the amount of $94,579.
PREVIOUS COUNCIL ACTION: There has been no previous council actions regarding interpretive
and wayfinding elements designated for Rio Grande Park and the John Denver Sanctuary. However, the
Parks and Open Space Department have made prior presentations to council which have included
references to the significance of including interpretation as a tool to educate, inspire and tell the stories
of this important city park and Sanctuary.
BACKGROUND: The seeds of the John Denver Sanctuary were planted in the spring of 1998 when
mayor John Bennett, city manager Amy Margerum and parks manager Jeff Woods discussed how to
honor John’s life and legacy after his untimely passing. Jeff approached Annie Denver about the idea
and they collectively agreed that the project wasn’t going to be a memorial or shrine, but should be a
sanctuary, a homage to nature, a special place for all to come to embody the spirit of John’s life and
legacy as a world- renowned singer-songwriter, outspoken conservationist, activist, philanthropist, and
lover of nature, Aspen, and our surrounding Rocky Mountains.
Over the last 20 years through the passionate efforts of Annie Denver, Jeff Woods, the hard work of the
parks in-house construction and restoration crews along with a team of city staff, volunteers,
conservation organizations and others, the final components of the project are coming to fruition.
DISCUSSION: Conservation by Design Inc., (CBD) with Tarra Incognita are leading professionals in
the realm of interpretive design, storytelling and digital media. The team’s client list includes The
National Parks Service, National Geographic, The Smithsonian institution, Lucas Films and the Cities of
Moab, UT and Los Alamos, NM.
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This phase of work will develop a comprehensive interpretive and wayfinding plan that tells the stories
of the sites water quality functions, its historical significance, John Denver’s legacy and how his life
philosophies, music and activism are woven symbiotically into the fabric of the sanctuary and our
communities. Wayfinding signage will be considered at key entry points and will be accessible by using
digital GIS and web based platforms.
The CBD team demonstrated most successfully their abilities to tell the stories of the project both by
non-digital and digital platforms. A highlight of the team’s capability is their “Storycrafter” software
which is a cloud based data platform specifically designed for building and sharing interactive stories.
Its interface provides users with templates and tools to make it easy to create and share compelling
interactive experiences. The multi-platform software allows the interpretive content to be compatible
with many different devices: smartphones, tablets, computers, kiosks and beyond. This platform is also
designed to evolve, enabling web based information to always be used and updated even as technologies
and user expectations change over time.
FINANCIAL IMPLICATIONS: The funding for this project is being provided through a Grant from
the Roaring Fork Conservancy (RFC) in the amount of $94,579. This money is a portion of the original
donation of $196,000 that was made to the RFC by the John Denver Aspen Glow Foundation. This
donation helped fund the construction of the Sanctuary.
ENVIRONMENTAL IMPLICATIONS: The John Denver Sanctuary serves as a national example of
how to manage urban runoff and non-point source pollutants. The site, which receives almost 70% of the
urban stormwater/ snowmelt runoff from Aspen’s downtown was designed strategically to intercept
stormwater sediments, and to cleanse polluted runoff through a multitude of naturally engineered
filtering systems. The water is 97% pure when it returns to the Roaring Fork River. Not only does the
Sanctuaries wetlands, streams, ponds and gravel bars clean the water, the landscape, flora and created
riparian areas sever as critical habitat for wildlife, insects, and aquatic species.
ALTERNATIVES: Council could deny this contract and elect to not implement any interpretive and
wayfinding elements into the project.
PROPOSED MOTIONS: I move to approve Resolution #174, series of 2017, on the Consent Calendar
of Monday December 18, 2017.
CITY MANAGER COMMENTS:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________
ATTACHMENTS:
A. Professional Services Agreement and Scope of Work
B. Resolution
C. Grant Authorization Letter
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RESOLUTION #174
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CONSERVATON BY DESIGN INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
interpretive and wayfinding planning and design services for Rio Grande Park and
the John Denver Sanctuary, between the City of Aspen and Conservation by
Design Inc., a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for interpretive and wayfinding planning and design services for Rio Grande Park
and the John Denver Sanctuary, between the City of Aspen and Conservation by
Design Inc., a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 18th day of December 2017.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, December 18, 2017.
Linda Manning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2017-095.
AGREEMENT made as of 11th day of December, in the year 2017.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Parks Department
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Conservation by Design Inc.
c/o Melanie M. Pierson
2220 E Calvary Lane
Prescott, AZ 86301
Phone: 928-776-0447
For the Following Project:
Interpretive and Wayfinding Planning and Design Services for Rio Grande Park and John Denver
Sanctuary
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $60,450.00
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Agreement Professional Services Page 1
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than June
30th, 2018. Upon request of the City, Professional shall submit, for the City's approval, a schedule
for the performance of Professional's services which shall be adjusted as required as the project
proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause,
be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums
due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Professional, and the City may withhold any payments to the Professional for the
purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
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1. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the performance of the services agreed to
herein.
2. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage 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 wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
3. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional
shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant
to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
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(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Workers’ Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS
($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
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(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
4. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
5. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
6. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
7. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
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8. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
9. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
“Basic Pilot Program” means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
“Public Contract for Services” means this Agreement.
“Services” means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
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(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails
to confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an
illegal alien.
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(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
10. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
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3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
11. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
12. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
13. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date first written above.
P14
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Agreement Professional Services Page 10
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Interpretation and wayfinding services will involve the coordination and collaboration with the
City of Aspen Parks and Open Space Department, Aspen City Council and other members of the
design team in the formulation and development of a comprehensive Interpretive and
Wayfinding Plan for the Rio Grande Park and John Denver Sanctuary.
The work generally shall include and shall not be limited to:
1. Inventory and analysis of the sites physical, cultural and recreational attributes
2. Study of the sites stormwater systems
3. Study of the sites history
4. Study of John Denver, his ties and significance as a local citizen and his legacy as an
environmental activist and world-renowned personality, songwriter/ performer
5. Develop conceptual content in order to communicate intended function of digital
components for the appropriate formats, i.e. web-based for the City of Aspen Parks and
Open Space web site, electronic interface platforms- i.e. handheld devices, and physical
elements- exterior signage panels, etc.
6. Preparation of the comprehensive Interpretive and Wayfinding Plan including the
necessary design plans, graphics, details, etc.
7. Attend and facilitate select meetings with city staff and city council, conduct site visits
8. Preparation of a project schedule
9. Develop a recommended phasing Plan and best strategies for implementation
10. Develop estimate of probable implementation and construction costs
11. Attend one video conference progress meeting per phase w/ CoA steering committee
Interpretive and Wayfinding services shall be carried out in the following phases:
Phase 1: Project Kick-Off, Inventory and Analysis and Study of Sites Cultural and
Historical Significance
Conservation by Design will be provided digital base mapping by the City of Aspen (CoA)
parks and open space department including a topographic map of the property showing the
sites existing features. Additional Plan and sketch digital graphics, reports and other relevant
information will also be provided by the CoA Parks and Open Space Department.
1. Upon notice to proceed, Conservation by Design shall conduct a kickoff meeting
in Aspen with the CoA Project manager and design team to review the
consultant’s project schedule, project goals, tour the project site, conduct
inventory and analysis preliminary work and discuss project strategies and
methodologies.
2. Conservation by Design shall conduct thorough historical and cultural study and
assess existing stormwater functions of the site.
3. Conservation by Design shall prepare an inventory and analysis Plan highlighting
the sites potential interpretive opportunities.
Deliverables
Inventory and analysis Plans/ documents
Precedents/ comparable samples of prior work/ ideas for our project
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Agreement Professional Services Page 11
Historical assessments/ preliminary findings
Phase 2: Interpretive and Wayfinding Themes and Concepts
Conservation by Design shall compile inventory, analysis, site research and assessments
from CoA staff and other sources and compile interpretive and wayfinding themes and
concepts- Conservation by Design shall delineate by plan the proposed locations both
physical and digital elements.
1. Conservation by Design C will present conceptual options for digital based
interpretive elements that could be used for web-based portals, hand-held devices,
etc. Consultant shall provide web design options which could be integrated with
the Parks and Open Space web site or other web-based options.
Deliverables
Conceptual Plan(s) for interpretive site locations and wayfinding systems
Conceptual drawings, sketches/ perspective simulations of proposed elements
Mock-up’s and samples of application software layout/ digital application
formats- web-based products and applications
Phase 3: Design Development
Conservation by Design shall refine interpretive and wayfinding elements and concepts,
(physical and digital) locations and platforms. Conservation by Design will present a 60%
complete design development Plan to the CoA project manager and project team in Aspen.
The consultant, based on input from the CoA project team shall make the necessary and
appropriate modifications and adjustments. Conservation by Design shall coordinate with the
CoA Parks and Open Space Web master to streamline web based approaches and strategies
for presentation of digital mediums.
1. Prepare a 60% design development Plan review package, present to the CoA
design team and make revisions as necessary.
2. Attend progress meeting and Public Open House session in Aspen w/ CoA
steering committee
Deliverables
Design development Plan report submittal at 60% completion
Conceptual drawings, sketches/ perspective simulations of proposed elements
Progression samples of software/ digital application formats- web-based products
and applications
Phase 4: Final Plan Document
The Conservation by Design will prepare a draft submittal of a 90% complete Plan document
for review by the CoA design team. Interpretive and wayfinding elements shall be clearly
defined, and represented by plan, elevation, section and 3D simulation both physical and
digital elements. Digital elements such as web-based software shall be developed thoroughly
and graphically to the level needed to demonstrate intent and functionality to the CoA- the
selected digital platforms will be developed to completion during the implementation phase
along with the other preferred elements. The Conservation by Design will present the 100%
Plan document to the CoA design team for final approval. The Conservation by Design and
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Agreement Professional Services Page 12
the design team will formulate a preferred list of elements to implement as based on the
conclusions of the final Interpretive and Wayfinding Plan.
1. Prepare a 90% design development review Plan, present to the CoA design team (via
electronic delivery) and make revisions as necessary.
2. Make revisions based in CoA design team input refine Plan document and prepare 100%
submittal. Make subsequent trip to Aspen to present final Plan document at a City
Council Work Session.
3. Prepare an estimate of probable construction/ implementation costs and a phasing Plan
and schedule.
4. The final Plan document shall be a minimum format of 8.5”x11” bound report w/ table of
contents, appropriate text and illustrations addressing the scope of services as outlined
above.
Deliverables
Deliver 90% and 100% final interpretive and wayfinding Plan Report documents
Conceptual drawings, sketches/ perspective simulations of proposed elements
Present final progression models/ samples of software/ digital application
formats- web-based products and applications included in the Plan
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Agreement Professional Services Page 13
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Interpretive and Wayfinding Plan
TA SK UNIT PRI CE QTY TOTA L
PHASE I
This work includes review
of background information,
attendance at the kick-off
site visit, and preparation
of initial assessment of
interpretive opportunities.
M. Pierson & R. Peterson - Interpretive
Planning $100/hr
60 $11,200
J. Pierson/CBD - Concept Development $80/hr 0
J. Lund & A. Dunivan - Graphic Design/
Illustration $65/hr
0
B. Marable - Interactive Design $100/hr 13
Terra Incognita - User Experience Design $110/hr 0
Terra Incognita - User Interface Design $90/hr 0
Project Administration $65/hr 20
Travel e xpenses (includes airfare, ground
transport, lodging, meals, and POV
mileage)
per federal per
diem rates
2 people x 4
person days
($2,600)
PHASE II
This work includes
development
of interpretive
plan foundations
and conceptual
recommendations for
interpretive elements
M. Pierson & R. Peterson - Interpretive
Planning $100/hr
60 $22,520
J. Pierson/CBD - Concept Development $80/hr 40
J. Lund & A. Dunivan - Graphic Design/
Illustration $65/hr
8
B. Marable - Interactive Design $100/hr 35
Terra Incognita - User Experience Design $110/hr 40
Terra Incognita - User Interface Design $90/hr 40
Project Administration $65/hr 20
Travel e xpenses (includes airfare, ground
transport, lodging, meals, and POV
mileage)
per federal per
diem rates
no travel this
Phase
PHASE III
This work includes design
development of all
wayfinding and interpretive
elements and concepts,
locations and platforms
(physical and digital).
M. Pierson & R. Peterson - Interpretive
Planning $100/hr
40 $16,570
J. Pierson/CBD - Concept Development $80/hr 40
J. Lund & A. Dunivan - Graphic Design/
Illustration $65/hr
8
B. Marable - Interactive Design $100/hr 10
Terra Incognita - User Experience Design $110/hr 15
Terra Incognita - User Interface Design $90/hr 40
Project Administration $65/hr 20
Travel e xpenses (includes airfare, ground
transport, lodging, meals, and POV
mileage)
per federal per
diem rates
1 person x 2
person days
($1,300)
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Agreement Professional Services Page 14
Interpretive and Wayfinding Plan
PHASE IV
This work includes
finalization of the plan
document and all concepts.
Digital elements will be
developed sufficiently to
demonstrate intent and
functionality to the City of
Aspen.
M. Pierson & R. Peterson - Interpretive
Planning $100/hr
16 $10,160
J. Pierson/CBD - Concept Development $80/hr 8
J. Lund & A. Dunivan - Graphic Design/
Illustration $65/hr
8
B. Marable - Interactive Design $100/hr 10
Terra Incognita - User Experience Design $110/hr 10
Terra Incognita - User Interface Design $90/hr 30
Project Administration $65/hr 20
Travel e xpenses (includes airfare, ground
transport, lodging, meals, and POV
mileage)
per federal per
diem rates
1 person x 2
person days
($1,300)
PROJECT TOTA L
Phases I-IV $60,450
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VI.a
December 1, 2017
Kevin Dunnett
Planning, Design and Construction Manager
City of Aspen Parks & Open Space Department
585 Cemetery Lane
Aspen, CO 81611
Dear Kevin,
Roaring Fork Conservancy (RFC) is a partner with the City of Aspen Parks
Department on the Rio Grande and John Denver Sanctuary project on the
Roaring Fork River. The balance of grant funding received from the
Aspenglow Fund is $94,579 and is held in a separate account. These funds
are to be granted to the Parks and Open Space department for the Rio
Grande and John Denver Sanctuary interpretive wayfinding and entryway
improvements projects. RFC will retain 4% of the remaining balance for
oversight and administration.
Sincerely,
Rick Lofaro
Executive Director
BOARD OF DIRECTORS
Pat McMahon
President
Diane Schwener
Vice President
Jeff Conklin
Secretary
Jennifer Sauer
Treasurer
Ted Borchelt
Stephen Ellsperman
Dick Kipper
Jim Light
Rick Lofaro
Executive Director
Rick Neiley
Don Schuster
Larry Yaw
PROGRAM STAFF
Rick Lofaro
Executive Director
Heather Lewin
Watershed Action
Director
Christina Medved
Watershed Education
Director
Liza Mitchell
Education & Outreach
Coordinator
Kristen Doyle
Watershed Educator
Chad Rudow
Water Quality
Coordinator
Sheryl Sabandal
Development Associate &
Office Manager
Sarah Woods
Director of Philanthropy
P21
VI.a
Page 1 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Perl, Climate Action Manager
THROUGH: Barry Crook, Assistant City Manager
DATE OF MEMO: December 10, 2017
MEETING DATE: December 18, 2017
RE: Resolution #176, Series of 2017 - Contract Extension for Project
Management of the Mobility Lab
REQUEST OF COUNCIL: Staff requests that City Council approve Resolution #176 and the
contract extension with Next Chapters, LLC to provide continued project management and
fundraising expertise to support the Aspen Mobility Lab.
PREVIOUS COUNCIL ACTION: City Council approved a contract with Next Chapters,
LLC on August 14, 2017 for $30,625 for Project Management of the Aspen Mobility Lab
(Resolution #108, 2017). City Council approved staff time and budget for Phase 1 of the Aspen
Mobility Lab at a work session on June 26, 2017, and approved additional budget authority as
part of the Supplemental Budget Ordinance (#29, Series 2017).
BACKGROUND:
This past summer, Mayor Skadron introduced the idea that the City of Aspen should conduct a
large-scale, bold experiment that would increase mobility options while decreasing the reliance
on the personal automobile in the Aspen community. After further consideration, City Council
directed staff to create a project plan and scope. Since then, City of Aspen staff have partnered
with consultants and regional groups to create a plan for the Aspen Mobility Lab. The project
team has created a comprehensive plan for the Lab that will deliver transportation options that
are competitive with the ease and speed of personal vehicles to all members of the Aspen
community, revolutionizing the way people move within the boundary of the Intercept Lot to east
of Aspen in June, July and August 2018. The Lab will be a community-wide initiative to increase
convenient mobility options, environmental sustainability, safety and quality of life in the upper
Roaring Fork Valley without a focus on adding lanes or parking spaces.
DISCUSSION:
The Aspen Mobility Lab is a complex project that requires a wide-range of expertise and a large
team of dedicated staff. The feasibility and success of the Mobility Lab is dependent on Aspen’s
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VI.b
Page 2 of 2
ability to secure funding and support from national partners, philanthropist and mobility
providers.
During the summer of 2017, City of Aspen staff began work with consultants, partners and
experts to plan and scope the Mobility Lab. Initial contracts were signed with consultants for
smaller amounts and for limited time periods, due to the unknown nature of the Lab. At this time,
the City of Aspen plans to continue aggressively pursuing the Lab at the full scope until January
23rd. At that time, staff will ask City Council for direction on final scope and timing of the Lab,
based on the success of fundraising efforts. In the meantime, it is necessary to keep the full
project management team intact and operating at full capacity to put the best efforts towards
making the Lab a reality. This requires that the City of Aspen extend existing contracts with
consultants to allow for continued work until the end of January.
Next Chapters, LLC will continue to support the Lab through coordinating fundraising efforts
and supporting the following working groups: Outreach, App Development, Data and
Measurement, and Mobility Services. Much of the work on the Lab to date has been organized
and facilitated by Next Chapters, LLC, and their continued involvement will keep consistency
and maintain the high-level of professional work.
FINANCIAL/BUDGET IMPACTS:
Bringing a truly innovative and comprehensive lab to Aspen will require funding most likely
between $5 and $7 million. The City of Aspen cannot provide this level of funding and must
create new partnerships and build upon existing ones to make the Mobility Lab a reality. It is
expected that the City of Aspen will need to fund a percentage of the overall project, but the goal
is to minimize the City’s contribution.
City Council has approved $350,000 for use in 2017 and for the first part of 2018. The contract
extension for an additional $58,677 (total contract amount is $87,717) is within this budgeted
amount.
ENVIRONMENTAL IMPACTS:
The Aspen Mobility Lab positively impacts numerous measures from City Council’s
Sustainability Dashboard including: Air Quality (PM levels, ozone levels); Greenhouse Gas
Emissions; Castle Creek Bridge Counts; Acres of Trails; Mass Transit Use; and Walkability and
Bike-ability Rating.
RECOMMENDED ACTION:
City Council approve the contract extension and resolution #176.
ALTERNATIVES: City Council could elect to retain the status quo and not conduct a Mobility
Lab. City Council could direct staff to limit work to within the tasks that staff can accomplish
and forgo the tasks that require project management assistance.
ATTACHMENTS:
Attachment A: Resolution #176
Attachment B: Contract Extension
Attachment C: Scope of Work
P23
VI.b
RESOLUTION #176
(Series of 2017)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND NEXT CHAPTERS LLC, SETTING FORTH THE
TERMS AND CONDITIONS OF THE ASPEN MOBILITY LAB PROJECT
MANAGEMENT.
WHEREAS, the City of Aspen is committed to maintaining a high quality of life
for residents and providing a superior visitor experience, and
WHEREAS, quality of life and experience is greatly influenced by the way
community members and visitors move into, out of, and around Aspen, and
WHEREAS, Aspen’s current mobility options are not competitive with the
personal automobile, which encourages the use of single-occupancy vehicles, and
WHEREAS, single occupancy vehicles lead to traffic, air quality and safety
concerns, and an overall reduced experience, and
WHEREAS, the City of Aspen aims to experiment with new mobility services
with the hope that new mobility options can compete with the personal automobile
and provide better options for community members to move, and
WHEREAS, the City of Aspen supports residents and visitors in choosing low
carbon transportation options, and
WHEREAS the City of Aspen seeks to test new modes of transportation during a
lab in the summer of 2018, and
WHEREAS to accommodate new modes of transit, the flow of traffic and parking
in downtown Aspen must be altered, and
WHEREAS these alterations to the downtown area will increase opportunities for
businesses and community vitality, and
WHEREAS project management and fundraising expertise is needed to plan the
Mobility Lab and support City of Aspen staff in making the project a success,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
P24
VI.b
That the City Council of the City of Aspen hereby approves the Contract
between the City of Aspen, Colorado and Next Chapters, LLC that sets forth the
terms and conditions of the project assistance for the Aspen Mobility Lab, a copy
of which is 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: December 18, 2017
______________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held December 18, 2017.
______________________________
Linda Manning, City Clerk
P25
VI.b
Amendment to the Professional Services Agreement
between the City of Aspen and Next Chapters, LLC approved by City Council on August 14,
2017, Resolution #108, Series 2017, amending the original contract with an additional statement
of work and the compensation associated with the additional work through Resolution #176,
approved by City Council on December 18, 2017.
Statement of Work –
Continued project management and fundraising assistance for the Aspen Mobility Lab.
Includes:
- Attending and organizing meetings of working groups
- Coordinating and implementing a fundraising strategy
- Developing messaging and branding
- Pursuing the creation of an app
- Other project management duties as assigned
Compensation –
$58,677
No more than an average of 30 hours per week at $125/hour
CITY OF ASPEN, COLORADO: Next Chapters, LLC:
________________________________ _________________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
City Council Approval:
Date: December 18, 2017
Resolution No: 176, Series 2017
P26
VI.b
RESOLUTION #108
Series of 2017)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND NEXT CHAPTERS LLC, SETTING FORTH THE
TERMS AND CONDITIONS OF THE ASPEN MOBILITY LAB PROJECT
MANAGEMENT.
WHEREAS, the City of Aspen is committed to maintaining a high quality of life
for residents and a superior visitor experience, and
WHEREAS, quality of life and experience is greatly influenced by the way
community members and visitors move into, out of, and around Aspen, and
WHEREAS, Aspen's current mobility options are not competitive with the
personal automobile, which encourages the use of single-occupancy vehicles, and
WHEREAS, single occupancy vehicles lead to traffic, air quality and safety
concerns, and an overall reduced experience, and
WHEREAS, the City of Aspen aims to experiment with new mobility services
with the hope that new mobility options can compete with the personal
automobile, and
WHEREAS, the City of Aspen supports residents and visitorsin choosing low
carbon transportation options, and
WHEREAS the City of Aspen seeks to test new modes of transportation during a
lab in the summer of 2018, and
WHEREAS the Aspen Mobility Lab requires additional capacity in the form of a
project manager
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T14E
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves the Contract
between the City of Aspen, Colorado and Next Chapters LLC that sets forth the
terms and conditions of the project manager for the Aspen Mobility Lab, a copy of
which is 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.
P27
VI.b
Dated: August 14, 2017
Steven Sk dron, Mayor
d, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held August 14, 2017.
Linda Manning, City Clerk
P28
VI.b
CITY OF ASPEN STANDARD FORM OF AGREEMENT The Cityellspen
PRO FESSDNAL SERVDES
City of As pen Project No.: 2017-107
AGREEMENT made as of 14 day of August, in the year 2017
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Aspen Mobility Lab
130 South Galena Street Total: $30,625
Aspen, Colorado 81611
Phone: (970) 920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
25,000.00 it shall not be deemed valid
Next Chapters, LLC until it has been approved by the City
Council of the City of Aspen.
o Candice Olson
1022 East Hyman City Council Approval:
Aspen, CO 81611
Phone: 917-579-0722
Date:August 14, 2017
Resolution No.: 2017-108
For the Following Project:
Aspen Mobility Lab Project Management
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work and Fee Schedule
Agreement Professional Services Page 0
P29
VI.b
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2.Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than November 1, 2017. Upon request of the City, Professional shall submit, for the City's approval,
a schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
3. Payment. hi consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability.bility. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Professional, and the City may withhold any payments to the Professional
Agreement Professional Services Page 1
P30
VI.b
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees,servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage 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 wrongful act, omission,
error,professional error,mistake,negligence,or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
9. Professional's Insurance.
a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
Agreement Professional Services Page 2
P31
VI.b
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration,or types.
b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
i) Workers' Compensation insurarice to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers'Compensation requirements of this paragraph.
ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
1,000,000) aggregate.
Agreement Professional Services Page 3
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c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
d) The certificate of insurance provided to the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions; and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty(30)days prior written notice has been given to the City.
e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers,or its
employees.
10. City s Insurance. The parties hereto understand that the City is a member of the Colorado
httergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
Agreement Professional Services Page 4
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representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term,'covenant, or condition hereof shall 'not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101.
a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terns and conditions
have been designed to comply with the requirements of this new law.
b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
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Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
Public Contract for Services" means this Agreement.
Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
c) By signing this document, Professional certifies and represents that at this time:
i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
d) Professional hereby confirms that:
i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of,the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
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v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
Agreement Professional Services Page 7
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preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right.
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. 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 bythe
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.
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d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO:
By: By_Candice Olson,Next Chapters, LLC
Name]
Title: CI d`? Title: Project Manager, Mobility Lab
Date:5- 7 Date: 8.6.17
Approved as to form:
Chit Attorney's Office
Agreement Professional Services Page 9
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Agreement Professional Services Page 10
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Agreement Professional Services Page 11
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CITY OF ASPEN MOBILITY LAB PROJECT MANAGEMENT
PHASE 1, AUGUST, 2017-JANUARY, 2018
PHASE 2-3, IF APPROVED, FEBRUARY-JULY, 2018)
Submitted by Next Chapters, LLC
Candice Olson
1022 East Hyman, Aspen, Colorado, 81611
candicecarpenterolson@gmail.com
August 1, 2017
Under the Direction of Ashley Perl
Climate Action Manager
City of Aspen
Introduction
The quality of life in Aspen and its continued attractiveness to both locals and visitors is highly
dependent on community-wide innovations in urban design and mobility policies and practices.
Larger towns and cities around the world have begun to successfully tackle these challenges, as
has Aspen itself, so there is much to learn from these successful beginnings. At the same time,
Aspen has a unique brand and way of doing things that includes involved and diverse
constituencies with distinct agendas and needs.The one thing all share is a desire to see Aspen
thrive far into the future, and this project hopes to capture that unifying aspiration as well as to
take advantage of Aspen's size to integrate mobility enhancements with downtown vitality in a
new model for comprehensive change.
Mayor Steve Skadron and the Aspen City Council have decided to make Aspen a leader in
mobility innovation on a town-wide scale and to do so by involving leading private, non-profit
and public organizations--both local and global--as partners in this initiative.This takes
advantage of Aspen's uniquely high profile and reputation as a trend-setter, making it
attractive as a showcase and beta project for potential partners in the private sector.
The immediate end-point of the initiative is a mobility lab that operates from May-July, 2018,
demonstrating an enhanced living, dining and shopping experience in the core of Aspen as well
as an improved experience of getting to and from Aspen-- benefitting retailers, restaurant
owners, locals,visitors and tradespeople serving Aspen from down-valley, and providing the
basis for a long-term change of habits and reduction of car traffic into and inside the town.
The project leading up to this outcome has been divided into three phases.This proposal details
the Project Management role in Phase 1 as the basis for a Phase 1 contract and provides a brief
overview of the later phases.
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Phase la (August-October)
Goal: Gauge the interest of funders to determine if the project is feasible.
1. Work with A. Perl to divide the total project workload, assuming tasks that free her up for the
fund-raising and public project leadership in conjunction with Mayor Skadron.
2. Support and catalyze an orderly idea-generation process through weekly city workgroups,
ensuring that the best ideas are captured systematically and that all participants are heard.
3. Create a community outreach plan and timeline, allowing time for the project to advance
with the support of those groups most immediately impacted before making broader outreach.
4. Organize and prioritize potential private and foundation funders into a workable
plan/timeline for approach,and assist A.Perl and the Mayor in developing their fund-raising
pitches for each potential partner.
5. Create micro and macro city re-design examples for short-term use in fund-raising.
6. Assist the Assistant City Manager in managing the city design competition, developing
criteria, reviews and communications as directed.
7. Research relevant initiatives in other locations; open up a dialogue with the leaders of those
initiatives to learn from their approaches, mistakes and funding sources. Other locations
include Tallinn, Barcelona, Sao Paulo,Austin, Kansas City, Centennial, Orlando, Beverly Hills,
Phoenix, Pittsburgh, Boulder, Union County, Ohio, and the 25 cities around the world where
Ford Motor Company has run smart mobility experiments. Review the Mobility Lab research
resources for guidance on specific mobility experiments.
8. Support the selection and deployment of external consultants in city design and overall
mobility/transportation.
Phase lb (November-January)
Goal: Inform the final design of mobility options and downtown area.
1. Start surveys and data collection, including collection of relevant anecdotes,to inform local
needs, results and impressions about ongoing experiments and limitations of current offerings.
2. Begin implementing sequential outreach plan to assess interest, buy-in, capacity for change.
3. Identify existing capacity in the current transportation system.
4. Identify specific changes and offerings to increase mobility, including incentives to change
behavior in specific groups; identify the hard and soft drivers for effective change in Aspen.
5. Implement small test projects which arise from 1-4.
6. Choose finalists in Ideas Competition for downtown re-design.
7. Develop logo and design for implementation.
8. Develop_the detailed project implementation scope, success metrics and budget based on
fund-raising commitments and specific partners. Success metrics may include Downtown
Vitality measures,Traffic Congestion Measures, and Transportation Mode Shift metrics,taking
guidance from successful mobility experiment locations and partner objectives.
At this point,the project will be re-presented to the City Council for approval to move forward
to Phases 2 and 3 with a scope determined by outside funding levels. At that time Next
Chapters will work with A.Perl to develop detailed tasks for these implementation phases
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Phase 2 (February-April,2018)
Goal: Final design,graphics, permitting, media/outreach
Phase 3 (March-July,2018)
Goal: Downtown build-out, mobility services up and running, post-program surveys
Team
Candice Olson will serve as the Project Manager reporting to Ashley Perl, Climate Action Manager for
the City of Aspen. Candice has 30 years of experience managing the complexity of innovative new
ventures, including a women's internet network serving 30mm women a month and a 10-year project
creating a highly regarded network of charter schools that now serves 1,000 students across 6 local
neighborhoods in Brooklyn. Many of these start-ups involved collaboration between private,non-profit
and public partners and satisfying diverse constituencies.Candice began her career at Colorado Outward
Bound,working with youth at risk and has been coming to Aspen for 45 years. In 2016, she became a
permanent resident. She is an investor in a local business started by her 23-year old daughter(Aspen
High School,class of 2011) and co-chairs Aspen Entrepreneurs. Under her leadership,the group has
secured a co-working, events and business education location in the core and expanded its programs.
Candice has an MBA and a degree in Human Biology from Stanford that emphasized science-driven
public policy. (Hourly rate$110 August-Oct 15; $125 from October 15)
Julie Engels will serve as an additional resource for this project, reporting to Candice as Project
Manager.Julie is currently serving the community as Executive Director of the new non-profit Aspen
Entrepreneurs.Since taking the position in March,2017,Julie has set up co-working and a co-celerator,
where a cohort of promising young businesses learn from interaction with local business owners,
landlords,funders,etc.Julie has created a series of business education workshops open to all locals and
visitors.Julie has leadership experience creating mentorship programs for the city of L.A as well as
leading business and brand development for creative agencies.She recently completed Aspen Citizen's
Academy(Hourly rate,$62.50)
Budget and Timelines
Cost Item Estimated Cost Per Month Notes
Phase la 11,000-$12,250 This estimates 100 hours per month
August-mid-October for Candice Olson and 20
hours/month for Julie Engels with
additional hours billed at$110/hr
for Candice Olson and$62.50/hr for
Julie Engels.
Phase lb 12,500-$13,750 Candice Olson hourly rate goes to
mid-October-December 125/hour,same time estimates.
Phases 2-3 12,500-$13,750 Requires outside funding
January-July commitment as well as approval by
Aspen City Council;same as lb in
terms of hours/rates.
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Page 1 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Gena Buhler, Wheeler Executive Director
THRU: Sara Ott, Assistant City Manager
DATE OF MEMO: December 8, 2017
MEETING DATE: December 18, 2017
RE: Resolution #177, Series of 2017 - Memo of Understanding between
Wheeler Opera House and Belly Up Aspen
REQUEST OF COUNCIL: Approval of Resolution #177 and Memo of Understanding between
Belly Up Aspen and Wheeler Opera House regarding general understanding and agreement between
both parties as it pertains to co-presentation of concerts and events at the Wheeler Opera House.
BACKGROUND: Over the past 2.5 years there has been discussion regarding the relationship
between the Belly Up Aspen and Wheeler, however no formal direction has been given by Council.
The goal of this memo is to formalize the direction and understanding.
DISCUSSION: Following the RFP process to obtain a booking broker for Wheeler events, both
entities wanted to formalize their relationship as it relates to working in a non-competitive and
collaboration way. Both entities agree that a relationship of collaboration is beneficial not only to both
business models but to the Aspen community at large. The missions of each entity are different, the
common goal of bringing quality music to Aspen and the greater Roaring Fork Valley is a shared goal.
The understanding allows both entities to work together in good faith to support the fruitful growth of the
Aspen arts / entertainment market.
FINANCIAL/BUDGET IMPACTS: There are not financial/budget impacts, and the partnership
between both entities shares the risk on larger fee shows (where the risk is shared 50% / 50%).
RECOMMENDED ACTION: Approval of Resolution #177 and Memo of Understanding with Belly
Up Aspen.
ALTERNATIVES: Alternatives are limited. Should Council not choose to approve Memo of
Understanding, it could create a more competitive and non-collaborative relationship between both
venues. This is also not an exclusive understanding, and does not limit any other partnership
relationship with other entities in the community.
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Page 2 of 2
PROPOSED MOTION: Approval of Resolution #2017-177.
CITY MANAGER COMMENTS:
ATTACHMENTS: Memo of Understanding
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RESOLUTION #177
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND BELLY UP ASPEN AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID MEMO OF UNDERSTANDING ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a memo of
understanding for, between the City of Aspen and, a true and accurate copy of
which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that memo of
understanding for, relationship between the City of Aspen and Belly Up Aspen a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 18th day of December 2017.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, December 18, 2017.
Linda Manning, City Clerk
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Memo of Understanding (MOU)
Concert & Event Co-Presentations
Between Wheeler Opera House and Belly Up Aspen
December 2017
This document is intended to serve as a Memo of Understanding between the City of Aspen d/b/a
Wheeler Opera House (WOH) and Belly Up Aspen (BUA), for the purposes of stating the general
understanding and agreement between both parties as it pertains to co-presentation of concerts and events
together at the Wheeler Opera House.
This document recognizes that BUA is an Aspen based company (opened 2005) owned by Michael,
David and Daniel Goldberg. BUA is primarily a music venue presenting more than 300 music, comedy
and alternative performances annually.
Both entities agree that a relationship of collaboration, sharing of information, and co-presentations of
concerts is beneficial not only to both business models but to the Aspen community at large. While the
missions of each entity are different, the common goal of bringing quality music to Aspen and the greater
Roaring Fork Valley is a shared goal. The entities agree to work together in good faith to support the
fruitful growth of the Aspen arts / entertainment market.
To that end, the following model between BUA and WOH is agreed to as follows:
Planning:
· BUA and WOH management agree to share booking information and discuss programming
goals on an on-going basis.
· Key artists, genres, themes for co-presentations will be identified between BUA and WOH
management on an on-going basis, with dates identified seasonally for opportunities.
Booking | Sharing of Information & Promoter of Record
· WOH agrees to share concert booking information with Belly Up prior to submitting offers to
minimize conflicts in scheduling and to ensure that there is no commercial competition or
that a promoter of record exists with BUA.
· BUA agrees to communicate to WOH when co-presentation opportunities exist based on
established programming and collaboration goals.
· BUA and WOH agree that unless an artist is specifically requesting a change of venue, each
entity will honor the “promoter of record” right to return the artist to that specific venue.
· Should the artist have history with BUA but is requesting a change of venue, WOH will work
in good faith to co-present with BUA a commercially viable event, assuming mutually
agreeable dates can be found in the calendar.
Booking | Process
· Upon communication of interest in market for a specific concert artist, BUA and WOH will
evaluate the co-presentation potential based on market research, venue schedules, etc.
· Should a co-presentation be warranted:
o BUA will prepare a financial offer, to be approved by WOH
o BUA will submit offer to agent, copying WOH on the offer and all written
correspondence regarding the offer.
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o Any changes to the agreed to offer will be confirmed in writing by WHO before
BUA will be authorized to offer a change of terms to the agency.
o BUA will process/administrate contract, delivering to WHO in a timely manner for
final sign off. WOH Executive Director will remain the signatory on the contract.
· Should a co-presentation not be warranted:
o the individual party will continue with negotiations
o BUA and WOH agree to not submit an offer for a concert artist that is outside of the
fair market financial term and ticket pricing for the market.
Financial Agreement | Co-Presentations
· BUA and WOH agree to share mutually agreed upon documented expenses 50%/50%, and share
net income 50%/50%, less any subsidy provided by WOH to BUA for subsidized Wheeler
Membership tickets.
· All financial details for the engagement will run via the WOH / City of Aspen finance
department.
· Final settlement of the event will be provided to BUA no later than 5 business days following the
close of the event.
o Payment due to BUA: WOH will process a City of Aspen check to be sent to BUA no
later than 10 business days following approval of settlement.
o Payment due from BUA: BUA will pay any amount due to WOH within 30 days
following approval of settlement.
Miscellaneous:
· The intent of this agreement is to co-present as many commercially viable concert acts together.
Notwithstanding the existing co-presentation agreement with Wheeler Associates, the first choice
of WOH for major concert artists is in partnership with BUA.
· BUA acknowledges that WOH partners with other Aspen based presenters on smaller music acts,
theatre, etc including Wheeler Associates, Theatre Aspen, Jazz Aspen Snowmass, Aspen Music
Festival & School, plus others.
· BUA acknowledges that the Wheeler produces the annual Aspen Laugh Festival (February) and
unless co-presenting comedy during the festival with WOH, BUA will make best efforts to not
program comedy for a window of 6 days prior and 5 days following the annual festival. If a large
commercial comedy opportunity presents itself for BUA during this time frame, BUA will make
best efforts to incorporate the BUA programming into the festival, assuming it’s allowable by the
artist.
· WOH acknowledges that the use of the Booking Broker company is to assist WOH management
with the securing acts for its diverse program of events, and that the Booking Broker will not be
used to send in offers contrary to the details stated within this MOU.
· BUA and WOH agree to work together in good faith to support the fruitful growth of the Aspen
arts / entertainment market.
· BUA and WOH acknowledge that each entity will program free concerts from time to time, based
on their own business models.
City of Aspen: Belly Up:
By: ____________________________ By: ________________________
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MEMORANDUM
TO: Mayor and City Council
FROM: Don Taylor, Director of Finance
THRU: Barry Crook, Assistant City Manager
Jim True, City Attorney
DATE OF MEMO: December 11, 2017
MEETING DATE: December 18, 2017
RE: Resolution #183, Series of 2017 - Approving a Land Use
Restriction Agreement with Colorado Housing and Finance
Authority
REQUEST OF COUNCIL: This is for the City Council to consider adoption of a Resolution
that adopts a land use restriction for the Aspen Country Inn(ACI) rental housing project that
establishes uses for the property as part of the financing of improvements and refinancing of
construction financing that was a part of the project.
PREVIOUS COUNCIL ACTION: The refinancing and refurbishing of the ACI Housing
project has required a series of actions by the City Council. These actions took place in 2016
through 2017 and were:
Approved the acquisition of the project from the private equity partners that were a part of the
initial refurbishing and expansion of the ACI in 2001.
Approved the construction financing for the project and the construction contract to refurbish the
property.
Approved partnership Agreement with new private equity partners with a new infusion of tax
credit capital into the project.
BACKGROUND: A few years back the City began planning to refinance the mortgage that was
outstanding on the ACI rental property to reduce its costs. As the planning moved forward, it
learned that it could apply for another round of tax credits and refurbish the property and
refinance the loan through Colorado Housing and Finance Authority (CHFA) as part of the same
process. The Council moved this project forward and the refurbishing of the buildings was
completed this summer. Staff is now completing the documents necessary to complete the
permanent financing which includes the approval of the LURA and then approval of the new
mortgage with CHFA early next year.
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DISCUSSION: The proposed LURA provides that 100% of the units be rent restricted to
occupants making 50% of Area Median Income (AMI) until January 1, 2030 after which 100%
of the units would be rent restricted to occupants making 60% of AMI until the end of the term of
the LURA (thirty years). This agreement is necessary to qualify for the CHFA financing that will
be the permanent financing for the project. The terms of the agreement are more flexible after
2030 because we had to match the terms of the existing LURA up until the time that it was to
expire. The actual CHFA loan package will be coming to City Council early next year for
approval and this will mark completion of the financing process.
FINANCIAL/BUDGET IMPACTS: The financial impacts from this LURA is no different
than the LURA that is currently recorded against the property for the next 12 years. The new
LURA continues for another 18 years with somewhat more flexible terms.
RECOMMENDED ACTION: Staff recommends approval of the LURA.
ALTERNATIVES: The only alternative would be to unwind the tax credit financing at the 11th
hour which would require refund of the tax credit monies received.
PROPOSED MOTION: I move to approve Resolution No. 183, A Resolution approving a Land
Use Restriction Agreement with Colorado Housing and Finance Authority.
CITY MANAGER COMMENTS:
ATTACHMENTS:
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RESOLUTION #183
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A LAND USE RESTRICTION AGREEMENT
WITH THE COLORADO HOUSING AND FINANCE AUTHOURITY TO
ESTABLISH INCOME QUALIFICATION LIMITS FOR ASPEN COUNTRY
INN AND AUTHORIZING THE MAYOR OR THE CITY OF ASPEN TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, the City Council of the City of Aspen desires to insure the
provision of quality affordable housing for the workforce of the City of Aspen,
and,
WHEREAS, the City Council deems it in the interest of the City to enter
into a Land Use Restriction Agreement with the Colorado Housing and Finance
Authority for the purpose of establishing income limits for the occupants of the
Aspen Country Inn affordable housing project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO AS FOLLOWS;
The City Council of the City of Aspen hereby approves that Land Use
Restriction Agreement between the City of Aspen and the Colorado Housing and
Finance Authority, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the Mayor to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 18th day of December 2017.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, December 18th, 2017
Linda Manning, City Clerk
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FHA Loan No. 101-98152
CHFA Loan No: 0005003676
Record and Return to:
Colorado Housing and Finance Authority
PO Box 60
Denver, CO 80201
Attention: Paula Harrison
LOW-INCOME HOUSING TAX CREDIT
LAND USE RESTRICTION AGREEMENT
THIS LAND USE RESTRICTION AGREEMENT (“Agreement”), dated as of December__, 2017,
is by and between ACI AFFORDABLE 1 LLLP, a Colorado limited liability limited partnership, and its
successors and assigns (the "Owner"), and the COLORADO HOUSING AND FINANCE AUTHORITY, a
body corporate and political subdivision of the State of Colorado (the "Authority").
W I T N E S S E T H:
WHEREAS, the Owner is the owner of a forty (40) unit rental housing development located on
lands in the City of Aspen, County of Pitkin, State of Colorado, more particularly described in Exhibit A
hereto, commonly known as Aspen Country Inn (the "Project"); and
WHEREAS, the Authority has been designated by the Governor of the State of Colorado (the
"State") as the housing credit agency for the State for the allocation of low-income housing tax credits
under Section 42 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations
thereunder (the "Code"); and
WHEREAS, the Owner has applied to the Authority for an allocation of low-income housing tax
credits to the Project and has made certain representations to the Authority in its Low-Income Housing
Tax Credit Preliminary Reservation Request (as the same may have been amended or supplemented by
the Owner's Carryover Allocation Application, if any, progress reports and the Owner's Final Allocation
Application, collectively, the "Application") about the Project, including representations as to the number
of Low-Income Units (hereinafter defined) and the term of occupancy restrictions, upon which
representations the Authority relied in considering the Application for a reservation and allocation of
credits; and
WHEREAS, the Code requires in connection with the allocation of low-income housing tax credits
that the Owner execute and deliver this land use restriction agreement (this "Agreement") and that this
Agreement be recorded in the official land records of the county in which the Project is located in order to
create covenants running with the land for the purpose of enforcing certain requirements of Section 42 of
the Code and certain additional undertakings of the Owner in connection with its Application by regulating
and restricting the use and occupancy of the Project as set forth herein; and
WHEREAS, the Project is currently subject to a Low-Income Housing Tax Credit Land Use
Restriction Agreement dated December 13, 1999 and recorded December 15, 1999 in the official public
records of Pitkin County, Colorado (the “Records”) at Reception No. 438597 (“Original LURA”); and
WHEREAS, the Parties intend for this Agreement to terminate, supercede, and replace the
Original LURA; and
WHEREAS, based upon the Owner's representations and resyndication of credits, the Authority
is willing to allocate low-income housing tax credits to the Project provided that the Owner, by entering
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into this Agreement, consents to be regulated by the Authority in order that the Authority may enforce the
occupancy restrictions and other covenants, terms and conditions of this Agreement; and
WHEREAS, the Owner, under this Agreement, intends, declares and covenants that the
regulatory and restrictive covenants set forth herein governing the use and occupancy of the Project shall
be and are covenants running with the Project land for the term stated herein and binding upon all
subsequent owners of the Project for such term.
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set
forth, and of other valuable consideration, the Owner and the Authority agree as follows:
1. Recording and Filing; Covenants to Run with the Land.
(a) This Agreement shall be placed of record in the real property records of the
county in which the Project is located and, except as otherwise provided herein,
the covenants contained herein shall run with the land and shall bind, and the
benefits shall inure to, respectively, the Owner and its successors and assigns,
and the Authority and its successors and assigns, and all subsequent owners of
the Project or any interest therein, for the period prescribed in Section 3 hereof.
(b) The Owner hereby agrees that any and all requirements of the laws of the State
to be satisfied in order for the provisions of this Agreement to constitute
restrictive covenants running with the land shall be deemed to be satisfied in full,
and that any requirements of privity of estate are intended to be satisfied, or in
the alternate, that an equitable servitude has been created to ensure that these
restrictions run with the land. During the term of this Agreement, each and every
contract, deed or other instrument hereafter executed conveying the Project or
portion thereof shall expressly provide that such conveyance is subject to this
Agreement, provided, however, the covenants contained herein shall survive and
be effective as to successors and/or assigns of all or any portion of the Project,
regardless of whether such contract, deed or other instrument hereafter executed
conveying the Project or portion thereof provides that such conveyance is subject
to this Agreement.
2. Representations, Covenants and Warranties of the Owner. The Owner covenants,
represents and warrants as follows:
(a) The Owner is duly organized under the laws of the State of Colorado, and is
qualified to transact business under the laws of the State.
(b) The Owner has good and marketable title to the premises constituting the
Project.
(c) Each building which is the subject of an allocation of low-income housing tax
credits is, or, by not later than the last day of the first year of the "credit period,"
as defined in Section 42(f) of the Code ("Credit Period"), will be, a "qualified low-
income building" as defined in Section 42(c)(2) of the Code ("Qualified
Low-Income Building"), and the Project constitutes or will constitute a "qualified
low-income housing project" as defined in Section 42(g) of the Code ("Qualified
Low-Income Housing Project").
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(d) The Owner shall not discriminate on the basis of race, creed, color, sex, age,
marital status, national origin, disability or familial status in the lease, use or
occupancy of the Project or in connection with the employment or application for
employment of persons for the operation and management of the Project, and
shall not refuse to lease a unit in the Project to the holder of a voucher or
certificate of eligibility under Section 8 of the U.S. Housing Act of 1937 on
account of the status of the prospective tenant as such holder.
(e) The Owner shall not demolish any part of the Project or substantially subtract
from any real or personal property of the Project; or permit the use of any
residential rental unit for any purpose other than rental housing.
(f) The Owner has not and will not execute any other agreement with provisions
contradictory to, or in opposition to, the provisions hereof, and in any event, the
requirements of this Agreement are paramount and controlling as to the rights
and obligations herein set forth and supersede any other provisions in conflict
herewith.
(g) If the Owner becomes aware of any situation, event or condition which would
result in noncompliance of the Project or the Owner with Section 42 of the Code,
the Owner shall promptly give written notice thereof to the Authority.
(h) The Owner shall insure that the Low-Income Units (as hereinafter defined) shall
be of comparable quality to other units, if any, in the Project.
(i) If the Project, or any part thereof, shall be damaged or destroyed or shall be
condemned or acquired for public use, the Owner will use its best efforts to repair
and restore the Project to substantially the same condition as existed prior to the
event causing such damage or destruction, or to relieve the condemnation, and
thereafter to operate the Project in accordance with the terms hereof.
(j) The Owner has obtained or will obtain from any prior recorded lienholder on the
Project its consent and partial subordination to this Agreement.
(k) During the compliance period and extended use period the Owner shall not evict
or terminate the tenancy of an existing tenant of any Low-Income Unit
(hereinafter defined) other than for good cause and shall not increase the gross
rent above the maximum allowed under the Code with respect to such Low-
Income Unit.
(l) The Owner shall establish and maintain an operating reserve fund in an amount
that is equal to, or greater than, four (4) months of projected annual operating
expenses and four (4) months of debt service payments. The operating reserve
fund must remain with the Project for a minimum of three (3) years from the time
the Project is placed in service. These requirements, as well as provisions for
reserve account reductions over time as Project benchmarks are achieved, must
be contained in the entity partnership agreement. These requirements may not
be modified without the prior written consent of the Authority.
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3. Term of Restrictions.
(a) Except as otherwise provided herein, this Agreement, including the occupancy
restrictions set forth in Sections 5 and 6 hereof, shall be in effect for each
building which is part of the Project for a total period of at least thirty (30) years
consisting of: (i) fifteen (15) years, commencing upon the first day of the taxable
year in which the Project is placed in service (or, if Owner has elected under
Section 42(f)(1)(B) of the Code to have the credit period begin in the succeeding
taxable year, then upon the first day of such succeeding taxable year) (the
"Compliance Period") plus (ii) for fifteen (15) years following the end of the
Compliance Period (the "Extended Use Period" as defined in Section 42(h)(6)(D)
of the Code). The Owner hereby waives any rights under Section
42(h)(6)(E)(i)(II) of the Code to terminate the Extended Use Period.
(b) Except as provided in subsection (c) of this Section 3, this Agreement shall
terminate on the date the Project or each building that is part of the Project is
acquired by foreclosure or deed in lieu of foreclosure unless the Secretary
(hereinafter defined) determines that such acquisition is part of an arrangement
with the Owner a purpose of which is such termination.
(c) Notwithstanding the termination of occupancy restrictions and this Agreement
under subsection (b) above, during the period of three (3) years following any
termination pursuant to subsection (b) above, the Owner shall not evict or
terminate the tenancy of an existing tenant of any Low-Income Unit (hereinafter
defined) other than for good cause and shall not increase the gross rent above
the maximum allowed under the Code with respect to such Low-Income Unit.
This subsection (c) and the rights granted to the Authority and tenants of the
Project to enforce this Agreement shall survive any such termination of this
Agreement.
4. Qualified Low-Income Housing Project. The Owner shall maintain the Project as a
Qualified Low-Income Housing Project at all times, commencing not later than the last
day of the first year of the Credit Period and continuing throughout the term of this
Agreement. To this end, and without limitation, the Owner shall assure that all of the
residential units in the Project are available for use by the general public, suitable for
occupancy and used on other than a transient basis.
5. Occupancy Restrictions.
(a) For the period of time from the date of this Agreement through December 31,
2029, for the purpose of Section 42(g)(1) of the Code, the Owner elects that at
least twenty percent (20%) of the residential rental units in the Project shall be
both rent-restricted (as hereinafter defined) and occupied by individuals or
families whose income is fifty percent (50%) or less of area median gross
income. For the period of time from January 1, 2030 through the end of the
Extended Use Period as set forth in subsection 3(a) above, for the purpose of
Section 42(g)(1) of the Code, the Owner elects that at least forty percent (40%)
of the residential rental units in the Project shall be both rent-restricted (as
hereinafter defined) and occupied by individuals or families whose income is
sixty percent (60%) or less of area median gross income.
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(b) Notwithstanding the election described in subsection 5(a) above, the Owner
covenants and agrees that:
(i) Commencing not later than the last day of the first year of the Credit
Period and continuing through the end of the Term, except for any
residential rental unit redesignated as set forth in Section 5(b)(ii) below,
forty (40) of the residential rental units shall be both rent-restricted and
occupied by individuals or families whose income is fifty percent (50%)
or less of area median gross income; and
(ii) Commencing on January 1, 2030, the Owner may redesignate the
residential rental units for Qualifying Tenants as follows: up to forty (40)
of the residential rental units shall be both rent-restricted and occupied
by individuals or families whose income is sixty percent (60%) or less of
area median gross income, provided, however, (x) no tenants, including
those occupying the residential rental units referenced in 5(b)(i) above,
will be evicted, relocated out of the Project or have their tenancy not
renewed or otherwise terminated other than for good cause; and (y)
provided further that in order to redesignate a residential rental unit, the
Authority must receive evidence and a certification by Owner,
satisfactory to the Authority in its sole discretion, that the requirement of
5(b)(ii)(x) was met. Once a residential rental unit is redesignated, the
rent restriction set forth in this Section 5(b)(ii) shall be maintained
through the end of the Term of the Agreement.
All the foregoing residential rental units are collectively referred to herein as the
"Low-Income Units", and, with respect to all of such Low-Income Units, "median
gross income" shall be determined in accordance with the Code. The Owner
further agrees that additional units in the Project shall be both rent-restricted and
occupied by low-income individuals or families whose incomes meet the
requirements of this subsection (b) to the extent necessary to maintain the
"applicable fraction," as defined in Section 42(c)(1)(B) of the Code, at not less
than percentage(s) shown on Exhibit B hereto for each taxable year of the
Extended Use Period. A unit is "rent-restricted" if the gross rent with respect to
such unit does not exceed thirty percent (30%) of the imputed income limitation
applicable to such unit based upon the income limitations set forth in this
subsection (b), all as determined in accordance with Section 42(g) of the Code.
(c) The determination of whether an individual or family is a Qualifying Tenant (that
is, meets the income requirements of subsection (b) of this Section 5) shall be
made at least annually on the basis of the income of such Qualifying Tenant(s).
Any unit occupied by an individual or family who is a Qualifying Tenant at the
commencement of occupancy shall continue to be treated as a Low-Income Unit
notwithstanding an increase in the income of such individual or family above the
income limitation applicable under subsection (b) of this Section 5 provided that,
if such Qualifying Tenant's income subsequently exceeds one hundred forty
percent (140%) of the applicable income limit, such unit shall no longer be a
Low-Income Unit if after the determination of such increase, but prior to the next
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determination, any residential unit of comparable or smaller size is rented to a
tenant who is not a Qualifying Tenant.
(d) As a condition to occupancy, each individual or family who is intended to be a
Qualifying Tenant shall be required to sign and deliver to the Owner a fully
completed Certification of Resident Eligibility in the form provided from time to
time by the Authority, and the income and assets of such individual or family
must be verified in the manner prescribed by the Authority.
(e) The form of lease to be utilized by the Owner in renting any unit in the Project to
any person who is intended to be a Qualifying Tenant shall provide for
termination of the lease and consent by such person to immediate eviction for
failure to qualify as a Qualifying Tenant as a result of any material
misrepresentation made by such person with respect to the Income Certification
or the failure by such tenant to execute a Certification of Resident Eligibility
annually.
6. Intentionally Omitted.
7. Compliance Monitoring; Fees.
(a) The Owner acknowledges that Section 42 of the Code requires the Authority to
monitor the compliance by the Owner and the Project with the requirements of
said Section 42, and agrees to strictly comply, at all times, with the Authority's
Low-Income Housing Tax Credit Compliance Manual, as amended from time to
time, (the "Compliance Manual"), the terms and provisions of which are by this
reference incorporated in this Agreement and made a part hereof. In the event
of any conflict between the provisions of this Agreement and the provisions of the
Compliance Manual, this Agreement shall control.
(b) In addition to its specific agreements and undertakings in this Agreement, the
Owner shall take or cause to be taken all other and further actions required of the
Owner by the Authority in order to satisfy such monitoring requirement, which
actions shall be designated in writing by the Authority to the Owner not less than
sixty (60) days (or such other period as may be required by law) prior to the date
by which such actions must first be taken.
(c) The Owner agrees to pay to the Authority such fees in such amounts and at such
times as the Authority shall, in its sole discretion, reasonably require the Owner
to pay in order to reimburse the Authority for the costs of such monitoring.
8. Owner Certifications and Reports.
(a) Within ninety (90) days of the end of the first year of the Credit Period, the Owner
shall provide to the Authority a copy of the First-Year Certification Part II of IRS
Form 8609, as filed or prepared for filing with the Internal Revenue Service and
executed by or on behalf of the Owner.
(b) The Owner shall annually provide to the Secretary of the United States
Department of the Treasury (the "Secretary"), or to his or her designee, at such
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time and in such manner as the Secretary shall prescribe, a certification as to the
continuing compliance of the Project with requirements of Section 42 of the
Code. A copy of such annual certification shall be provided to the Authority.
(c) The Owner shall provide to the Authority, annually, on each anniversary of the
date on which the Project was placed in service, a Certification of Continuing
Program Compliance and an Occupancy Report, each in the form provided, from
time to time, by the Authority, together with a copy, for each building, of the most
recently filed Schedule A, Annual Statement, IRS Form 8609.
(d) The Owner shall maintain in its records and provide to the Authority copies of
any and all notices and correspondence from or with the Internal Revenue
Service concerning the Project or the Owner.
(e) In addition to the information provided for in Section 7 and in this Section 8, the
Owner shall provide any other information, documents or certifications
requested, from time to time, by the Authority with respect to the Project's
physical, operational and financial condition and residents which the Authority
reasonably deems necessary to substantiate the Owner's continuing compliance
with the provisions of this Agreement and Section 42 of the Code.
9. Transfer Restrictions.
(a) The Owner shall not sell, assign, convey, transfer or otherwise dispose of the
Project or any building in the Project without the prior written consent of the
Authority. Such consent shall be given provided that : (i) the Owner is in
compliance with the requirements of this Agreement and of Section 42(j)(6) of
the Code; (ii) the proposed transferee of the Project evidences, to the reasonable
satisfaction of the Authority, by its performance with respect to other low-income
housing tax credit or government-assisted housing projects and otherwise, its
willingness and ability to comply with the terms of this Agreement; and (iii) the
Authority shall be paid a transfer fee, as determined, from time to time, by the
Authority but not to exceed two thousand and no/100 dollars ($2000.00). In no
event shall the Owner dispose of any portion of any building in the Project to any
person unless all of such building is disposed of to such person. For the
purposes of this subsection, transfer of fifty percent (50%) or more of the
ownership interests in Owner shall be deemed a transfer of the Project.
(b) The Owner shall include, verbatim or by incorporation by reference, all
requirements and restrictions contained in this Agreement in any deed or other
documents transferring any interest in the Project or in any building in the Project
to any other person or entity to the end that such transferee has notice of and is
bound by such restrictions, and shall obtain the express written assumption of
this Agreement by any such transferee.
10. Physical Maintenance/Management/Books/Records/Inspections.
(a) The Owner shall maintain each building in the Project such that all units are
suitable for occupancy, taking into account applicable health, safety and building
codes, and otherwise in a manner reasonably satisfactory to the Authority.
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(b) The Owner shall provide for the management of the Project in a manner
reasonably determined by the Authority to assure compliance with this
Agreement. Any management contract entered into by the Owner involving the
Project shall provide that it shall be subject to termination, without penalty and
with or without cause, upon written request by the Authority addressed to the
Owner. Upon such request the Owner shall immediately terminate the contract
within a period of not more than thirty (30) days and shall make arrangements
reasonably satisfactory to the Authority for continuing proper management of the
Project.
(c) The books, contracts, records, computerized data, documents and other papers
relating to compliance of the Owner and the Project with Section 42 of the Code
and with this Agreement and to the eligibility of the Owner to claim credits with
respect to the Project shall at all times be maintained at the Project, or at the
Owner's principal place of business in the State of Colorado, in reasonable
condition for proper audit and shall be subject to examination and inspection and
copying at any reasonable time by the Authority or its authorized agents. The
Authority shall also have the right to enter and inspect the Project at any
reasonable time.
(d) Owners are required to keep records for each Qualified Low-Income Building in
the Project showing the following:
(I) the total number of residential rental units in the building (including the
number of bedrooms and the size in square feet of each unit);
(ii) the percentage of residential rental units in the building that are Low-
Income Units;
(iii) the rent charged on each residential rental unit in the building (including
any utility allowance);
(iv) the number of occupants in each Low-Income Unit;
(v) the Low-Income Unit vacancies in the building and information that
shows when, and to whom, the next available units were rented;
(vi) the annual income certification of each Qualifying Tenant;
(vii) documentation to support each Qualifying Tenant's income certification;
(viii) the eligible basis and qualified basis of the building at the end of the first
year of the credit period; and
(ix) the character and use of the nonresidential portion of the building
included in the building's eligible basis under Section 42(d) of the Code
(e.g., tenant facilities that are available on a comparable basis to all
tenants and for which no separate fee is charged for use of the facilities,
or facilities reasonably required by the Project).
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Owners are required to keep all records for each building for a minimum of six years after
the due date (with extensions) for filing the Owner's federal income tax return for any
year; provided, that the records for the first year of the credit period must be retained for
at least six years beyond the due date (with extensions) for filing the federal income tax
return for the last year of the compliance period of the building.
11. Enforcement.
(a) The Owner covenants that it will not knowingly take or permit any action that
would result in a violation of the requirements of Section 42 of the Code or of this
Agreement. Moreover, the Owner covenants to take any lawful action (including
amendment of this Agreement) as may be necessary, in the opinion of the
Authority, to comply fully with all applicable rules, rulings, policies, procedures,
regulations or other official statements promulgated or proposed by the United
States Department of the Treasury or the Internal Revenue Service from time to
time pertaining to the Owner's obligations under Section 42 of the Code and
affecting the Project.
(b) The Owner shall promptly advise the Authority as to the date each building in the
Project is a Qualified Low-Income Building.
(c) In the event of any failure of the Owner to comply with the provisions of
Section 42 of the Code or of this Agreement, the Authority shall inform the Owner
by written notice of such failure and provide the Owner a period of time in which
to correct such failure. If any such failure is not corrected to the satisfaction of
the Authority within the period of time specified by the Authority, which shall be at
least thirty (30) days after the date any notice to the Owner is mailed, or within
such further time as the Authority determines is necessary to correct the
violation, but not to exceed any limitations set by applicable regulations, without
further notice the Authority may declare a default under this Agreement effective
on the date of such declaration of default, and the Authority may (i) apply to any
court, state or federal, for specific performance of this Agreement or an injunction
against any violation of this Agreement; (ii) secure the appointment of a receiver
to operate the Project in compliance with this Agreement; or (iii) exercise any
other remedies at law or in equity or any such other action as shall be necessary
or desirable to correct non-compliance with this Agreement.
(d) The Owner and the Authority each acknowledges that the primary purpose of
requiring compliance by the Owner with the restrictions provided in this
Agreement is to assure compliance of the Project and the Owner with Section 42
of the Code and the Treasury Regulations thereunder, AND BY REASON
THEREOF, THE OWNER IN CONSIDERATION OF RECEIVING AN
ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS FOR THE
PROJECT HEREBY AGREES AND CONSENTS THAT THE AUTHORITY,
ANY QUALIFYING TENANT AND ANY INDIVIDUAL WHO MEETS THE
INCOME LIMITATION APPLICABLE TO THE BUILDING UNDER THE CODE
(WHETHER PRESENT, PROSPECTIVE OR FORMER OCCUPANTS OF THE
BUILDING) (ANY OR ALL OF THEM) SHALL BE ENTITLED, FOR ANY
BREACH OF THE PROVISIONS HEREOF, AND IN ADDITION TO OTHER
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REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE SPECIFIC
PERFORMANCE BY THE OWNER OF ITS OBLIGATIONS UNDER THIS
AGREEMENT IN ANY COURT, STATE OR FEDERAL, OF COMPETENT
JURISDICTION, the Owner hereby further specifically acknowledging that the
beneficiaries of the Owner's obligations hereunder cannot be adequately
compensated by monetary damages in the event of any default hereunder.
(e) In the event of the Owner's or Project's failure to comply fully with the Code, the
covenants and agreements contained herein or with all applicable rules, rulings,
policies, procedures, regulations or other official statements promulgated or
proposed by the United States Department of the Treasury or the Internal
Revenue Service or the Authority from time to time pertaining to the obligations
of the Owner as set forth therein or herein, the Authority, in addition to all of the
remedies provided by law or in equity, shall notify the Internal Revenue Service
of such noncompliance.
12. Issuance of Form 8609. The Authority shall prepare and file with the Internal Revenue
Service ("IRS") IRS Form 8609 with respect to each building in the Project, evidencing
the Authority's allocation of low-income housing tax credits with respect to the Project.
The Authority shall issue Form 8609(s) to the Owner when the following conditions have
been met:
(a) Each building in the Project for which a Form 8609 is issued is a Qualified Low-
Income Building.
(b) The Owner and the Project are in compliance with the terms of this Agreement,
including particularly, but without limitation, Sections 4 and 5 hereof.
(c) The Owner shall have provided, on form(s) approved by the Authority, a
certification of each building's "eligible basis" as defined in Section 42(d) of the
Code and the Authority shall have made its final determination of the credit
amount and its final determination pursuant to Section 42(m)(2) of the Code.
(d) The Owner shall have provided a copy of the executed partnership or operating
agreement.
(e) The Owner shall have provided to the Authority the partial subordination of any
prior recorded lien on the Project to this Agreement.
(f) The Owner and its management agent shall have completed compliance training
provided or approved by the Authority.
(g) The Owner shall have paid the compliance monitoring fee.
13. Return of Unused Credit. Pursuant to Section 42(h)(3)(C) of the Code and Treasury
Regulation §1.42-14(d) thereunder, the housing tax credit dollar amount allocated to the
Owner with respect to the Project shall be canceled and returned to the Authority, in
whole or in part, if (i) any building in the Project is not a Qualified Low-Income Building
within the time period required by Section 42 of the Code, or (ii) the "Qualified Basis" of
any building in the Project is less than the qualified basis on which the credit amount was
allocated by the Authority.
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14. Release and Indemnification. The Owner acknowledges that, in issuing Internal
Revenue Service Form 8609 with respect to the Project, the Authority is relying or will
rely upon information and representations given by or on behalf of the Owner and has
made or will make no independent investigation and does not and will not have
independent knowledge of the basis for such information and representations.
Accordingly, to induce the Authority to issue the Form 8609, the Owner agrees as
follows:
(a) The Owner agrees to release and forever discharge the Authority, its members,
employees, agents, officers, successors and assigns of and from any and all
claims, demands, causes of actions, judgments and executions which Owner has
or may hereafter have against the Authority, whether in law or in equity, arising
or resulting from, or on account of or pertaining to, whether directly or indirectly,
the issuance of a Form 8609 with respect to the Project by the Authority.
(b) The Owner hereby agrees to indemnify, save harmless and defend the Authority,
and its members officers, agents, employees, successors and assigns from any
obligation, claim, loss, demand, cost, expense (including the costs of the
investigation and settlement of any claim, and including reasonable attorney's
fees) or judgment against the Authority arising or resulting from, or on account of
or pertaining to, whether directly or indirectly, the Authority's issuance of a
Form 8609 with respect to the Project. If any such claim is asserted, any
indemnified party hereunder will give prompt notice to the Owner and will
cooperate in the investigation and defense of any such claim. The Owner will
assume the defense of any such asserted claim by engaging counsel approved
by the indemnified party (which approval shall not be unreasonably withheld), it
being understood that the indemnified party shall have the right to employ its own
separate counsel and participate in such proceedings at its own cost and
expense.
(c) If the indemnification provided in subsection (b) is, for any reason, either
unavailable to the Authority or any of the other persons intended to be
indemnified thereby or insufficient to hold it or any of them harmless, then the
Owner hereby agrees to contribute to all amounts paid or payable by the
Authority and such other persons as a result of any such obligation, claim, loss,
demand, cost, expense, or judgment. The amount to be contributed by the
Owner shall be the amount that is appropriate to reflect both the relative benefits
received by the Owner, on the one hand, and by the Authority and such other
persons, on the other hand, and the relative degrees of fault of the Owner, on the
one hand, and of the Authority and such other persons, on the other hand.
15. Miscellaneous.
(a) The invalidity of any clause, part or provision of this Agreement shall not affect
the validity of the remaining portions thereof.
(b) All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when mailed by certified or registered mail, return receipt
requested, to the parties hereto at the addresses set forth below, or to such other
place as a party may from time to time designate in writing.
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To the Authority: Colorado Housing and Finance Authority
1981 Blake Street
Denver, Colorado 80202-1272
Attention: Low-Income Housing Tax Credit Program
To the Owner: ACI Affordable 1 LLLP
130 Galena Street
Aspen, CO 81611
Attention: Don Taylor
The Authority and the Owner may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates or other communications
shall be sent.
(c) This Agreement shall be governed by the laws of the State of Colorado and,
where applicable, the laws of the United States of America.
(d) This Agreement may be amended from time to time by any written instruments
signed by both the Authority and the Owner. The signing of any such instrument
by the Authority shall be deemed for all purposes to be on behalf of, and shall be
legally binding on, the Authority, any Qualifying Tenant and any individual who
meets the income limitation applicable to the Project under the Code (whether
present, prospective or former occupants of the Project).
(e) Upon recording in the Records, this Agreement replaces, supercedes, and
terminates that certain Low-Income Housing Tax Credit Land Use Restriction
Agreement dated December 13, 1999 and recorded in the Pitkin County records
on December 15, 1999 at Reception number 438597.
[signatures and acknowledgements on the following pages]
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FHA Loan No. 101-98152
CHFA Loan No: 0005003676
IN WITNESS WHEREOF, the parties have caused this agreement to be signed by their
respective duly authorized representatives, as of the day and year first written above.
OWNER:
ACI AFFORDABLE 1 LLLP,
a Colorado limited liability limited partnership
By: City of Aspen, Colorado,
a home rule municipal corporation,
its Managing General Partner
By: ___________________________________
Steve Skadron, Mayor
Attest:
_______________________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on __________________, 2017, by
Steve Skadron as Mayor of the City of Aspen, Colorado, a home rule municipal corporation, the
Managing General Partner of ACI Affordable 1 LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My Commission expires:
[SEAL]
Notary Public
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AUTHORITY:
COLORADO HOUSING AND FINANCE AUTHORITY,
a body corporate and political subdivision of the
State of Colorado
By: _____________________________________
Jaime G. Gomez, Deputy Executive Director
and Chief Operating Officer
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me on __________________, 2017 by
Jaime G. Gomez, as Deputy Executive Director and Chief Operating Officer of Colorado Housing and
Finance Authority, a body corporate and political subdivision of the State of Colorado.
Witness my hand and official seal.
My Commission expires:
[SEAL]
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
Parcel A
A parcel of land situated in Section 11, Township 10 South, Range 85 West of the 6th Principal Meridian;
said parcel is also situated within Golf Course Parcel "B" of the Maroon Creek Club Subdivision and PUD,
recorded in Plat Book 33 at Page 4, Pitkin County, Colorado being more particularly described as follows:
Beginning at a point on the northerly boundary of said Golf Course Parcel "B", also being the southerly
right-of-way of Colorado State Highway No. 82 from which the West 1/4 corner of Section 11 bears S 38
Degrees 21'57" W 2845.72 feet; thence leaving said highway right- of-way line S 30 Degrees 04'07" W
257.51 feet; thence S 27 Degrees 20'18" E 44.58 feet; thence South 60 Degrees 43'07" E 166.50 feet;
thence S 29 Degrees 03'53" W 127.37 feet; thence S 61 Degrees 28'57" E 156.10 feet; thence N 29
Degrees 26'24" E 138.29 feet; thence S 60 Degrees 38'32" E 41.08 feet; thence N 30 Degrees 06'33" E
269.67 feet to a point on the southerly right-of-way of Colorado Highway No. 82, also being the
northwesterly corner of the Pomegranate Parcel; thence along said highway right-of-way line N 60
Degrees 48'00" W 402.01 feet to the point of beginning. County of Pitkin, State of Colorado
Also described according to survey by Sopris Engineering-LLC dated April 28, 2016 as:
A parcel of land situated in Section 11, Township 10 South, Range 85 West of the 6th Principal Meridian;
said parcel is also situated within Golf Course Parcel "B" of the Maroon Creek Club Subdivision and PUD,
recorded in Plat Book 33 at Page 4, Pitkin County, Colorado. All bearings contained herein being relative
to the City of Aspen's bearing base as shown on the 2009 Marcin Engineering Control map, yielding a
bearing of N 00°17'47" E between the W1/4 Corner of Section 11 and the NW Corner of Section 11, being
a found U.S. GLO Brass Cap, dated 1913 and a found 3 1/4" Alum. Monument, L.S. 15710, respectively.
Said parcel of land being more particularly described as follows:
Beginning at a point on the northerly boundary of said Golf Course Parcel "B", also being on the southerly
right-of-way line of Colorado State Highway No. 82; whence the W1/4 Corner of said Section 11 bears
S39°12'39"W, a distance of 2845.70 feet; thence leaving said highway right-of-way line S30°54'18"W, a
distance of 257.51 feet; thence S26° 30'07"E, a distance of 44.58 feet; thence S59°52'56"E, a distance of
166.50 feet; thence S29°54'04"W, a distance of 127.37 feet; thence S60°38'46"E, a distance of 156.10
feet; thence N30°16'36"E, a distance of 138.29 feet; thence S59°48'21"E, a distance of 40.98 feet to a
point on the common boundary line with the Pomegranate Inn parcel as shown on the plat of said Golf
Course Parcel "B"; thence along said common boundary line N30°56'44"E, a distance of 269.97 feet to a
point on the said southerly right-of-way line of Colorado State Highway No. 82; thence leaving said
common boundary line and along said southerly highway right-of-way line N59°57'49"W, a distance of
402.01 feet to the point of beginning.
County of Pitkin, State of Colorado
Parcel B
Easement interest grated by Easement Agreement recorded May 3, 1999 as Reception No. 430578.
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EXHIBIT B
Minimum Applicable Fraction by Building
Building Identification Number: CO-97-00197 Minimum Applicable Fraction 100 %
Building Identification Number: CO-97-00198 Minimum Applicable Fraction 100 %
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MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Perl, Climate Action Manager
THROUGH: Barry Crook, Assistant City Manager
DATE OF MEMO: December 10, 2017
MEETING DATE: December 18, 2017
RE: Resolution #175, Series of 2017 - Contract Extension for Design
Assistance of the Mobility Lab
REQUEST OF COUNCIL: Staff requests that City Council approve Resolution #175 and the
contract extension with Design Workshop to provide continued design assistance to support the
Aspen Mobility Lab.
PREVIOUS COUNCIL ACTION: City Council approved a contract with Design Workshop
on August 28, 2017 for $23,000 for design assistance and consulting support of the Aspen
Mobility Lab (Resolution #117, 2017). City Council approved staff time and budget for Phase 1
of the Aspen Mobility Lab at a work session on June 26, 2017, and approved additional budget
authority as part of the Supplemental Budget Ordinance (#29, Series 2017).
BACKGROUND:
This past summer, Mayor Skadron introduced the idea that the City of Aspen should conduct a
large-scale, bold experiment that would increase mobility options while decreasing the reliance
on the personal automobile in the Aspen community. After further consideration, City Council
directed staff to create a project plan and scope. Since then, City of Aspen staff have partnered
with consultants and regional groups to create a plan for the Aspen Mobility Lab. The project
team has created a comprehensive plan for the Lab that will deliver transportation options that
are competitive with the ease and speed of personal vehicles to all members of the Aspen
community, revolutionizing the way people move within the boundary of the Intercept Lot to
east of Aspen in June, July and August 2018. The Lab will be a community-wide initiative to
increase convenient mobility options, environmental sustainability, safety and quality of life in
the upper Roaring Fork Valley without a focus on adding lanes or parking spaces.
DISCUSSION:
The Aspen Mobility Lab is a complex project that requires a wide-range of expertise and a large
team of dedicated staff. The feasibility and success of the Mobility Lab is dependent on Aspen’s
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ability to secure funding and support from national partners, philanthropist and mobility
providers.
During the summer of 2017, City of Aspen staff began work with consultants, partners and
experts to plan and scope the Mobility Lab. Initial contracts were signed with consultants for
smaller amounts and for limited time periods, due to the unknown nature of the Lab. At this time,
the City of Aspen plans to continue aggressively pursuing the Lab at the full scope until January
23rd. At that time, staff will ask City Council for direction on final scope and timing of the Lab,
based on the success of fundraising efforts. In the meantime, it is necessary to keep the full
project team, including Design Workshop, intact and operating at full capacity to put the best
efforts towards making the Lab a reality. This requires that the City of Aspen extend existing
contracts with consultants to allow for continued work until the end of January.
Design Workshop will continue to support the Lab through design and planning assistance
focused on the plan for downtown Aspen and the Intercept Lot.
FINANCIAL/BUDGET IMPACTS:
Bringing a truly innovative and comprehensive lab to Aspen will require funding most likely
between $5 and $7 million. The City of Aspen cannot provide this level of funding and must
create new partnerships and build upon existing ones to make the Mobility Lab a reality. It is
expected that the City of Aspen will need to fund a percentage of the overall project, but the goal
is to minimize the City’s contribution.
City Council has approved $350,000 for use in 2017 and for the first part of 2018. The contract
extension for an additional $27,096 (total contract amount is $50,096) is within this budgeted
amount.
ENVIRONMENTAL IMPACTS:
The Aspen Mobility Lab positively impacts numerous measures from City Council’s
Sustainability Dashboard including: Air Quality (PM levels, ozone levels); Greenhouse Gas
Emissions; Castle Creek Bridge Counts; Acres of Trails; Mass Transit Use; and Walkability and
Bike-ability Rating.
RECOMMENDED ACTION:
City Council approve the contract extension and resolution #175.
ALTERNATIVES: City Council could elect to retain the status quo and not conduct a Mobility
Lab. City Council could direct staff to stop work on the design aspects of the Lab.
ATTACHMENTS:
Attachment A: Resolution #175
Attachment B: Contract Extension
Attachment C: Scope of Work
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VI.e
RESOLUTION #175
(Series of 2017)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND ALTA PLANNING AND DESIGN, SETTING
FORTH THE TERMS AND CONDITIONS OF ENGINEERING ASSISTANCE
FOR THE ASPEN MOBILITY LAB.
WHEREAS, the City of Aspen is committed to maintaining a high quality of life
for residents and providing a superior visitor experience, and
WHEREAS, quality of life and experience is greatly influenced by the way
community members and visitors move into, out of, and around Aspen, and
WHEREAS, Aspen’s current mobility options are not competitive with the
personal automobile, which encourages the use of single-occupancy vehicles, and
WHEREAS, single occupancy vehicles lead to traffic, air quality and safety
concerns, and an overall reduced experience, and
WHEREAS, the City of Aspen aims to experiment with new mobility services
with the hope that new mobility options can compete with the personal automobile
and provide better options for community members to move, and
WHEREAS, the City of Aspen supports residents and visitors in choosing low
carbon transportation options, and
WHEREAS the City of Aspen seeks to test new modes of transportation during a
lab in the summer of 2018, and
WHEREAS to accommodate new modes of transit, the flow of traffic and parking
in downtown Aspen must be altered, and
WHEREAS these alterations to the downtown area will increase opportunities for
businesses and community vitality, and
WHEREAS planning and design expertise is needed to safely design the
downtown area and neighboring parking lots
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
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That the City Council of the City of Aspen hereby approves the Contract
between the City of Aspen, Colorado and Design Workshop that sets forth the
terms and conditions of the design assistance for the Aspen Mobility Lab, a copy
of which is 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: December 18, 2017
______________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held December 18, 2017.
______________________________
Linda Manning, City Clerk
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VI.e
Amendment to the Professional Services Agreement
between the City of Aspen and Design Workshop approved by City Council on August 28,
2017, Resolution #117, Series 2017, amending the original contract with an additional statement
of work and the compensation associated with the additional work through Resolution #175,
approved by City Council on December 18, 2017.
Statement of Work –
Continued design and planning assistance for the Aspen Mobility Lab.
Includes:
- Layout and design of downtown areas and parking lots
- Creation of visuals and maps to display concepts
- Meeting attendance
Compensation –
$27,096
CITY OF ASPEN, COLORADO: Design Workshop:
________________________________ _________________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
City Council Approval:
Date: December 18, 2017
Resolution No: 175, Series 2017
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RESOLUTION 4117
Series of 2017)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND DESIGN WORKSHOP, SETTING FORTH THE
TERMS AND CONDITIONS OF DESIGN ASSISTANCE FOR THE ASPEN
MOBILITY LAB.
WHEREAS, the City of Aspen is committed to maintaining a high quality of life
for residents and a superior visitor experience, and
WHEREAS, quality of life and experience is greatly influenced by the way
community members and visitors move into, out of, and around Aspen, and
WHEREAS, Aspen's current mobility options are not competitive with the
personal automobile, which encourages the use of single-occupancy vehicles, and
WHEREAS, single occupancy vehicles lead to traffic, air quality and safety
concerns, and an overall reduced experience, and
WHEREAS, the City of Aspen aims to experiment with new mobility services
with the hope that new mobility options can compete with the personal
automobile, and
WHEREAS, the City of Aspen supports residents and visitors in choosing low
carbon transportation options, and
WHEREAS the City of Aspen seeks to test new modes of transportation during a
lab in the summer of 2018, and
WHEREAS to accommodate new modes of transit, the flow of traffic and parking
in downtown Aspen must be altered, and
WHEREAS these alterations to the downtown area will increase opportunities for
businesses and community vitality, and
WHEREAS design expertise is needed to properly design the downtown area and
neighboring parking lots
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
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VI.e
Amendment to the Professional Services Agreement
between the City of Aspen and Design Workshop approved by City Council on November 14,
2017, Resolution#166, Series 2016, amending the original contract with an additional statement
of work and the compensation associated with the additional work.
Statement of Work—Attached. Additional design services and consulting for the Aspen Mobility
Lab.
Compensation—$23,000
Invoicing
Invoices must be submitted to AP a cityofaspen.com and include the City's PO number on each
invoice. Failure to do so may result in significant delays in processing payment.
CITY OF AS. EN, OL RADO: DESIGN WORKSHOP:
a— Z—,
y[
Sigo m] Signal u ]
1/+-By: N By:Anna Layboum
1 C[
Nnmel Name]
Title: Title: Principal,Design Workshop
Date: I Date: 08-18-2017
City Council Approval:
Date: August 28, 2017
Resolution No: 117, Series 2017
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Design Workshop,Inc.
Landscape Architecture
Planning
Urban Design
August 17, 2017
Thru:Candice Olson
Mobility Lab Project Manager
And
Ashley Perl
120 East Main Street
Climate Action Manager
Aspen,Colorado 81611
Department of Environmental Health and Sustainability
City of Aspen
970.925.8854
130 South Galena Street
Aspen, Colorado 81611
designworkshop.com
970)-429-1798
Re: Aspen Mobility Lab
Project Description
Based on the June 23,d Council Work Session,we understand the City of Aspen is moving
forward to coordinate the Aspen Mobility Lab,a bold experiment to increase mobility
options while decreasing reliance on the personal automobile. Design Workshop
understands our experience and skills in large-scale planning will assist the City in
coordination of this Lab.The scope of work to be performed by Design Workshop(DW)in
connection with this agreement is as follows:
Phase 1:Feasibility and Testing
The general objective phase 1A is to gauge the interest of funders to determine if the lab is
possible.
The specific tasks to be completed for Phase IA are as follows:
1. Project Startup and Phase 1A Project Management
a. Participation in a kick-off meeting with the City project management team and
consultant team to review/develop design and downtown mobility/vitality project
goals,schedule, roles and discuss how the opportunities that the city has identified
through partnerships could be translated into the mobility lab physical interventions. It
is anticipated the kick-off meeting will be organized by the City.
Deliverable: Meeting minutes summarizing items discussed.
b.Team coordination meetings between City project management team and the
consultant team(4 meetings at 1.5 hours each). Project management including internal
team project meetings,schedule management and progress reports.
Deliverable: Meeting minutes summarizing items discussed and action items.
2. Downtown Mobility Support and Vitality Enhancements Identification
Design Workshop will create an exhibit identifying the boundaries for areas possible for
Downtown Mobility and Vitality Enhancements"for the mobility lab.The City project
DESIGNWORKSHOP
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manager will supply Design Workshop with the parameters of the locations that have
been vetted through an evaluation of vehicular impacts,fire and ADA accessibility
considerations. Input from property owner/management stakeholders will inform this
effort in a later phase of the project.The area of Downtown anticipated for this
evaluation is defined by the boundaries of E. Hopkins Ave,S. Hunter St,S Monarch St
and E. Durant Ave.
Design Workshop's evaluation will be summarized in a list of most suitable locations to
support the mobility lab changes(bike racks, lockers and etc.)and will identify potential
conflict points based on our urban design expertise.
Design Workshop will evaluate each space and create a list of the type of ideas that a
space may be able to physically contain.The spaces will be categorized by:
a) Locations for"Ideas Competition'submissions to possibly take place
including introducing physical changes and/or introducing
events/activities/services
b) Locations for physical interventions' or temporary changes to be
undertaken by city departments, public entities or other partners.
Character imagery will be collected to provide visual support to express the ideas.The
intent of this list is to express to Ideas Competition participants the breath of possible
opportunities and also express the appropriateness of various ideas for different
locations. Design Workshop will host a meeting with key city staff,the Chamber of
Commerce,and other events/activities stakeholders to vet the locations, list of ideas,
imagery and add to the list of possible enhancements or mobility support infrastructure
needs.
Design Workshop will also create an exhibit to communicate the areas and ideas the
city or other partners intend to implement as part of the mobility lab that will not be
required to be an "Ideas Competition"submittal.This exhibit will be utilized in
communicating to the public where they will see changes(such as additions of bike
racks, Parks department introducing lawn games or the Chamber of Commerce
providing an outdoor speaker series event)that are part of the mobility lab
enhancements.
Deliverables:
Downtown study area base map including identification of existing urban
design features that contribute to outdoor downtown vitality(seating, outdoor
dining,art, play features, etc.)
Aerial map diagram for the Downtown Mobility Support&Vitality
Enhancement ideas introduction including identification of physical or
event/activities based locations(60%complete draft to be informed by
additional input at later phases).
Site opportunities memo listing urban design opportunities and potential
conflict points(60%complete draft excluding vehicular circulation implications
to be determined by Transportation Engineers)
Narrative list of ideas types appropriate for each space with character imagery
60%complete draft)
City/partner mobility lab downtown improvement areas map exhibit and
character imagery(60%complete draft excluding vehicular and pedestrian
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circulation implications to be determined by Transportation Engineers)
One meeting with city staff and events stakeholders to review the proposed
Ideas Competition" locations and character imagery.
One round of revision to the map diagrams, narrative list of ideas,assigned
possible ideas per location,and character images(80%complete draft).
3. Intercept Lot and Buttermilk Lot Mobility Lab Enhancements
Design Workshop will conduct a meeting(2 hour)with Intercept Lot managers and key
stakeholders to gain an understanding of temporary physical changes or programmatic
changes that may be possible and identify a range of possible ideas to introduce in
support of the mobility lab. Design Workshop will create a map exhibit identifying the
locations to introduce these ideas and the physical changes necessary to support
additional activities.
Design Workshop will interview Buttermilk lot managers and Aspen Airport managers
and visitor services to understand opportunities that might be possible for mobility lab
support in this location.
All meeting invitations,scheduling and other organizational tasks will be the
responsibility of the City project manager.
Deliverables:
Meeting with Intercept Lot key stakeholders(2 hours). Meeting notes.
Aerial base map exhibits of the three individual sites.
Map diagram of locations for changes to the Intercept Lot in support of the
mobility lab effort.
Narrative description of the physical changes for the Intercept Lot needed to
support the mobility lab.
Character imagery board describing the range of possibilities for changes to
the Intercept Lot as part of the Mobility.Lab.
Interview with Buttermilk lot managers(2 hours)and conversation notes.
Meeting with Aspen Airport managers and visitor services(2 hours)and
conversation notes
4. Ideas Competition Brief
Design Workshop will write a brief for the'Ideas Competition' including the narrative
descriptions,competition requirements and criteria for selection. Design Workshop's
map exhibit of locations,character imagery,and list of the range of ideas for each
location will be included in this brief.
For the City's consideration, Design Workshop will prepare a memo suggesting best
practices for how to conduct the Ideas Competition and solicit responses from both
locals and outsiders that might best contribute to the competition. Recommendations
will include advertisement methods, process,financial awards or compensation, print,
web or other communication methods,and award jury member solicitation.One draft
copy will be submitted to the City for review and comment.The City will be responsible
for collecting all comments and distributing to Design Workshop for preparation of final
Ideas Competition solicitation.
Deliverables:
Ideas Competition Brief(draft)
3
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Ideas Competition practices and solicitation recommendations memo
including examination of alternative process examples and process
recommendations
Phase IB overall goal is to inform the final design and mobility options and downtown area.
Phase 16 scope,schedule and fee be determined before the completion of Phase 1A. We
anticipate Phase IB will include the following:
5. Downtown Vitality Metrics
Design Workshop will prepare a preliminary list of"downtown vitality enhancement"
metrics that could be utilized in measuring the pre and post mobility lab outcomes.
Design Workshop will facilitate a meeting with the project"Data Group'to review this
recommended list of metrics and gain feedback on the potential data collection
methods. Design Workshop will refine the list of metrics based on input from the
Data Group"and provide it to the group so they may employ methods for baseline
data collection.
Deliverables:
Draft downtown vitality enhancement metrics
One meeting with the"Data Group'
Refined metrics list
6. Downtown Mobility Support and Vitality Enhancements Identification Refinement.
The diagram mapping,character imagery and descriptions will be updated based on
information collected by the City including stakeholder engagement of property
owners/property management and others that would be interested or impacted by the
introduction of the"Downtown Mobility and Vitality Enhancements and transportation
evaluations.The City/partner mobility lab downtown improvement areas map exhibit
and character imagery will include an overlay of the transportation network circulation
information including pedestrian, bicycle,vehicular movements and parking.
Design Workshop will rely on transportation planning experts to provide proposed
street sections with dimensions and exhibits identifying pedestrian, bicyclist, and
vehicular circulation movements along with locations suitable for vehicular changes
such as one-way streets or the elimination of parking.
7. Mobility lab Concept Perspective Sketches
Design Workshop will develop stylized perspective sketches or sections to convey the
ideas that will be introduced as part of the mobility lab.These images are anticipated to
be used in communicating to the public the general concepts of the mobility lab, rather
than being site specific illustrations of the proposed changes.
Deliverables:Three(3)stylized perspective sketches or sections.
8. Ideas Competition Final Brief and Methodology
Based on the City's input regarding the draft scope developed in Phase IA, Design
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Workshop will revise the Ideas Competition scope and methodology. Final Ideas
Competition documentation will be provided to the City for distribution. .
Deliverable: Final Ideas Competition scope narrative, methods description and
supportive maps/imagery package created in a graphically appealing package utilizing
project branding.
9. Ideas Competition Selection
Design Workshop will assess responses to the'Ideas Competition' including compliance
to competition requirements/criteria and provide the City with a shortlist of finalists.
We anticipate reviewing up to 20 submissions.
Deliverable:Competition Scoring Matrix
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CONDITIONS AND EXCLUSIONS
Client shall provide the following information or services as required for performance of its
services. Design Workshop assumes no responsibility for the accuracy of such information
or services provided by Client,and shall not be liable for errors or omissions therein. Should
Design Workshop be required to provide services in obtaining or coordinating compilation
of this information,such services shall be billed as Additional Services.
In order to begin services,we will require the following information:
1. City-wide GIS data files.
2. Modifications of vehicular circulation or parking recommendations(for Phase 1B)
3. Public engagement including business owner/manager coordination (for Phase 1B)
SCHEDULE
Design Workshop is prepared to begin services immediately upon receipt of a retainer and a
signed copy of this proposal from an authorized owner's representative. At this time, the
following generalized schedule is anticipated:
Phase SA:September 1—October 1, 2017
Phase 16:October 1't—December 3111,2017
Phase 2: Final Design and Selection:January 1-March 1,"2018
Phase 3: Implementation and Measurement: March 1-July 1,2018
PROJ ECT TEAM
Design Workshop typically organizes projects in a team format with key responsibilities
divided between the Principal-in-Charge and Project Manager.The key team members for
your project are listed below:
Principal-in-Charge—Anna Laybourn will serve as Principal-in-Charge of the project and will
have primary responsibility for the overall content and quality of the services performed by
Design Workshop and will also be responsible for leading the planning and design efforts
associated with the work,as well as, regular communication and coordination with all
members of the consultant team.
Project Manager—Darla Callaway will serve as the Project Manager for the project. Her
responsibilities will include the coordination of Design Workshop's in-house design team.
Project Adviser-Mike Albert will serve as a Project Adviser regarding best practices and
recommendations for the Ideas Competition methods.
Additional Design Workshop team members will provide graphic design, GIS mapping,and
administrative services.
FEES AND EXPENSES
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1.BASIC SERVICES.Compensation to Design Workshop for the services described
herein and in accordance with the conditions of this agreement shall be as follow:
Phase 1A will be a lump sum fee. If the actual scope of the project is increased,the
fees will be adjusted accordingly.
Project Startup and Phase 1A Project Management 4,800
4 meetings total)
Downtown Mobility Support and Vitality Enhancements $9,000
Intercept& Buttermilk Lots Mobility Lab Enhancements $2,700
Ideas Competition Brief(draft) 6,500
Total Professional Fees(labor only) 23,000
Phase 1B fee will be assessed and authorized before the October 1 schedule
initiation.
2.REIMBURSABLE EXPENSES. Reimbursable Expenses are in addition to compensation
for Basic Services. Reimbursable expenses incurred by Design Workshop and
consultants directly related to the project such as, but not limited to,travel,
telephone charges,video conference charges, and printing expenses shall be billed
at Design Workshop's cost plus fifteen percent(15%).
3.ADDITIONAL SERVICES.Services in addition to those described above are to be
compensated on a Time and Materials basis per Design Workshop's current
published rate schedule.Additional services will include(but are not limited to)
redesign of previously approved work, major revisions to program and/or
expansion of scope of services.Whenever practical, changes, additions,or
modifications to the scope of.services shall be authorized by written change
request;however,the absence of such a written change order shall not act as a bar
to payment of fees due Design Workshop, provided the change was in fact
approved and ordered by the Client.
PAYMENT TERMS
4. This is a lump sum contract and will be billed monthly as a percentage completed
for each phase of the work.
5. Invoices will be mailed from Design Workshop's office by the 10th of each month.
Invoices are payable within 30 days of the date of billing. Invoicing shall be specific
to each major task and will describe the completed portion of the services.
6. Extensive itemized breakdowns of hourly activities or provision of detailed backup
for reimbursed expenses for accounting purposes are not a normal procedure;
however,at the Client's request, Design Workshop will provide this service at an
hourly rate of$65 (sixty-five dollars) per hour.
ACCEPTANCE
7. This Agreement is entered into between Design Workshop, Inc.and City of Aspen,
owner or reputed owner of the property to be benefited by Design Workshop's
services.
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8. If this contract meets with your approval, please sign below and return one(1)copy
for our file.
9. If this agreement is not accepted within two(2) months from the date of receipt,
the offer to perform the described services may be withdrawn and Design
Workshop may renegotiate this proposal.
10. The Client agrees that they have read and understood the Contract Provisions
attached hereto and incorporated herein by reference.
DESIGN WORKSHOP,INC.
By:Date:8-20-e017 -
Title: Principal.Design Workshop Inc
APPROVED BY CL17rn
IBy: Date:
Title: S I V V` l 1 ' •"1-
B
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MEMORANDUM
TO: Mayor and City Council
FROM: Sara Ott, Assistant City Manager
DATE OF MEMO: December 11, 2017
MEETING DATE: December 18, 2017
RE: Resolution 180, Series of 2017, Destination Marketing
Agreement with Aspen Chamber Resort Association
REQUEST OF COUNCIL: Staff requests approval of Resolution 180, Series of 2017,
authorizing the execution of a 5-year destination marketing agreement with the Aspen Chamber
Resort Association.
PREVIOUS COUNCIL ACTION: The City of Aspen has approved four previous versions of
the destination marketing agreement for promotion of Aspen through the Tourism Promotion
Fund. The current agreement expires on December 31, 2017.
BACKGROUND: The original 1.0% Visitor Benefit Tax on the short-term rental of
commercial lodging accommodations was approved by Aspen voters in November 2000. Fifty
percent (50 %) of the proceeds from that tax is dedicated to transportation services and fifty
percent (50 %) is dedicated to tourism promotion activities as described in Ordinance No. 45,
Series 2000, in the Agreement effective February 27, 2001 and in subsequent restated
agreements. In November 2010 Aspen voters approved an additional 1% Visitor Benefit and
Promotions Tax, 100% of which is dedicated for tourism promotion activities. Therefore, the
current total Visitor Benefit and Promotions Tax is 2 %. 25% of that total amount is dedicated to
transportation services and 75% is dedicated for tourism promotion activities as described in
Ordinance 31 of 2010 and in the attached agreement.
DISCUSSION: The term of this Fifth Amended and Restated Agreement establishes a 5-year
term from January 1, 2018 – December 21, 2022 for ACRA to provide destination marketing
services from the tax revenues in the Tourism Promotion Fund. The scope of services remain the
same as in previous agreements.
A few changes are proposed for long term planning. First, this version of the agreement
establishes a restricted fund balance to remain within the Tourism Promotion Fund of up to
$300,000 over the term of the agreement. A process is also established for ACRA to request
reserves from City Council when the current year tax receipts are at least 5% below the previous
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twelve month’s actual receipts. Second, the agreement further clarifies the frequency and type of
financial reporting from ACRA to the City for services. Third, ACRA will contribute annually
towards the expense of auditing lodging tax receipts. In year one, the contribution will be
$35,000. The amount can increase up to 3% per year in years 2-5 based upon the City’s actual
auditing costs. Lastly, the termination clause has changed from 90 to 180 days notice.
Debbie Braun and Julia Theisen annually present the ACRA Marketing Plan and Budget to
Council during a work session each fall.
FINANCIAL/BUDGET IMPACTS: The City will continue to transfer Tourism Promotion
Fund revenues to ACRA in accordance with the approved 2018 Budget.
CITY MANAGER COMMENTS:
ATTACHMENTS: proposed agreement
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RESOLUTION NO. 180
SERIES OF 2017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FIFTH
AMENDED AND RESTATED AREEMENT BETWEEN THE CITY OF ASPEN, COLORADO AND THE ASPEN
CHAMBER RESORT ASSOCIATION SETTING FORTH THE TERMS AND CONDITIONS REGARDING
MARKETING AND TOURISM PROMOTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Fifth Amended and Restated
Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association, LLLP, a
copy of which document is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves a Fifth Amended and Restated
Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association regarding
marketing and tourism promotion services for the City of Aspen, a copy of which document is annexed
hereto, and does hereby authorize the City Manager of the City of Aspen to execute said document on
behalf of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED this ____th day of December 2017, by the City Council
for the City of Aspen, Colorado.
___________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting
held December ____, 2017.
_____________________________
Linda Manning, City Clerk
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CITY OF ASPEN AND ACRA
TOURISM PROMOTION FUND AGREEMENT
THIS AGREEMENT is effective this 1st day of January 2018, by and between the CITY OF ASPEN
(the “City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”),
RECITALS
1. The City and ACRA entered into that certain Agreement dated February 27, 2001, which
agreement has been renewed over the years, and the parties hereto desire to again renew said
agreement.
2. The City Council has adopted Ordinance No. 45, Series of 2000, which imposes a 1.0%
visitor benefits tax on condition that the voters of the City of Aspen approve the aforementioned ballot
question at the November 7, 2000 municipal election, which the voters did approve.
3. Ordinance No. 45, Series of 2000, requires the City Council to appropriate 50% of all
revenues generated by the original tax for marketing and promotional efforts for the City’s tourism
industry.
4. The City Council has adopted Ordinance No. 31, Series of 2010, which imposes an
additional 1% visitor benefit and promotion tax on condition that the voters of the City of Aspen
approve the aforementioned ballot question at the November 2, 2010 municipal election, which the
voters did approve.
5. Ordinance No. 31, Series 2010, requires the City Council to appropriate 100% of all
revenues generated by the additional 1% tax for marketing and promotional efforts for the City’s
tourism industry.
6. As a result, 25% of all revenues generated by the total 2% visitor benefit and promotion
tax shall be used to enable the City to meet its financial obligations to the Roaring Fork Regional
Transportation Authority or other similar transportation services provider, and 75% of all revenues
generated shall be used for marketing and promotional efforts for the City’s tourism industry.
7. The foregoing taxes are codified at Aspen Municipal Code Chapter 23.50, and are
referred to herein as the Visitor Benefit Tax or “funds” or “marketing funds.” The City desires to
contract with an organization capable of performing the marketing and promotional efforts
contemplated by said ordinance and funded by the Visitor Benefit Tax.
8. The Aspen Chamber Resort Association desires to contract with the City to receive funds
appropriated by the City Council for tourism promotion activities and to thereafter perform such
tourism promotion activities on behalf of the City of Aspen.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree
as follows:
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1. Intent of the Parties. The parties to this Agreement agree that the following sets forth
their intent in entering into this agreement and the principles set forth below shall help guide all future
interpretations of this Agreement and the parties continuing relationship with respect to the
expenditure of tourism promotion funds of the City of Aspen.
a. The parties acknowledge that the City shall use funds generated by the visitor
benefit and promotions tax imposed by Ordinance No. 45, Series of 2000, and
Ordinance No. 31, Series 2010, to meet its financial obligations pursuant to this
Agreement. Accordingly, the parties acknowledge that the purpose, limitations, and
administrative requirements of such funds as set forth in said ordinances shall apply to
this Agreement.
b. The parties intend to enter into a continuing relationship for the multi-year
planning and implementation of tourism promotion activities as set forth herein.
2. Scope of Services and Marketing Program.
a. During the City’s annual budget review and adoption procedures, ACRA shall
recommend a marketing plan and budget for City Council’s consideration for the
forthcoming calendar year. City Council may approve the budget for the marketing plan
as it may deem necessary.
b. The marketing plan and budget shall include the following:
1. planning and implementing the advertisement, promotion, and
development of tourism and special events in the City of Aspen;
2. tourism advertising, written and graphic materials, and cooperative and
matching promotional materials;
3. gathering and disseminating information on the tourist industries and
attractions of the City of Aspen;
4. purchasing such equipment, materials, and supplies as shall be
necessary, to be used solely for tourist promotion;
5. contracting for those services and materials as may be incidental,
necessary, and appropriate to the accomplishment of the purposes of the fund,
including but not limited to, administrative, secretarial, clerical, or professional
services deemed necessary;
6. attracting conferences, conventions, and meetings of a commercial,
cultural, educational, or social nature to the City of Aspen;
7. attracting sporting events and social and cultural events sponsored by
non-profit organizations;
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8. defraying administrative and clerical costs of collecting and
administering the tax, provided such expenses do not exceed the actual costs of
such administrative and clerical costs. For the year 2018, the contribution shall
be $35,000.00, and the contribution shall not increase by more than 3% in any
year. Notwithstanding the foregoing, the City shall reduce ACRA’s required
contribution to such costs in any year to the extent necessary so that when such
costs are added to other non-program costs in the budget, the total non-
program costs do not exceed the limits of Paragraph 2(b)(8).
c. The marketing services shall be primarily for strategies and activities developed
since February 27, 2001, and ACRA shall not defray costs of programs existing on that
date (such as existing special events and marketing efforts, visitor center support,
among others) with funds from the Visitor Benefit Tax. Marketing funds may be used to
enhance or promote existing tourism promotion programs and special events.
d. The general nature and content of advertising paid for by the marketing fund
shall follow these guidelines: the purpose of advertising and promotion shall be to
enhance the year-round economy and public welfare of the City as a whole; advertising
and promotional efforts shall avoid undue emphasis upon any particular commercial
activity or enterprise that might be construed to create a competitive disadvantage to
other similar commercial enterprises; and there shall be no advertising or promotion
that is misleading or deceptive and therefore opposed to the public interest or
prejudicial to the interests of the City .
e. ACRA shall be solely responsible for planning and implementation of specific
details of the marketing program and may include the lodging community in such
planning. ACRA shall monitor the program and ensure conformance to its budget. At
least 70 per cent of the funds are to be expended on program costs, rather than on
support or staff. ACRA shall not use fund proceeds for its existing operational costs, or
for expenses not directly attributable to the purposes of this Agreement, or for
expenses not identified in its annual marketing plan and budget (initial or revised) as
approved by the City Council.
f. The ACRA and Aspen Lodging Association shall meet at least annually in the last
quarter of each calendar year to review a tourism promotion plan and budget for the
City’s following fiscal year prior to presentation to the City Council.
3. Term. The term of this Agreement shall be from January 1, 2018 through December 31,
2022. This agreement may be terminated by either party as set forth as Section 8, below.
4. Reporting and Budgeting. ACRA shall submit a detailed marketing program and expense
budget for inclusion in the City’s budgeting packets, along with a review of the previous year’s program.
The City Manager shall provide budget recommendations, including an estimate of prospective tax
proceeds, general fund contributions, prior year carry-forward balance, and interest income. The
marketing fund shall be eliminated from the City’s Grant Panel Review process in that it is its own
separate fund. The ACRA is allowed and encouraged to attend and advise the City Council at all such
meetings where the marketing program and budget is discussed. During the course of the year, ACRA
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may submit a revised budget to the City Council for their consideration in order to accomplish such
additional strategic marketing objectives as they may identify. City Council may approve the revised
budget as it may deem necessary, with the understanding that City Council need not approve such a
revised budget unless revenues from the Visitor Benefit Tax are available. ACRA shall provide reports to
the City on the fund and expenditures from it, including quarterly income statements and any
independent reviews or audits that ACRA receives.
5. Accounting. The City shall pay all actual lodging tax revenues generated by the Visitor
Benefit Tax during the term of this Agreement to ACRA as they are generated from the City of Aspen
each month, except for such funds as have been designated in the approved Budget to be deposited in
the reserve account described in Paragraph 6 below. ACRA shall be responsible for paying its vendors,
suppliers, subcontractors, staff, and the like. ACRA shall maintain the tax fund receipts in an interest-
bearing bank account separate from its other funds. The City may inspect ACRA’s records upon
reasonable notice. ACRA shall account for any funds not expended for the purposes set forth in this
Agreement.
6. Reserves. ACRA’s budget shall include a reserve account of up to $300,000. The funds
in the reserve account shall be held for use to supplement actual tax revenues in the event of an
economic downturn. Specifically, if the actual tax revenues for the 12 months prior have paced at a
decrease of at least 5 percent from the prior 12 months, ACRA may request that a specific amount of
reserve funds be appropriated as a supplement to the actual tax revenues. The reserve shall be held as
a restricted fund balance by the City of Aspen in the City Tourism Promotion Fund, separate and distinct
from any other funds or accounts used or maintained by the City for any other purposes. The funds in
the reserve account will be appropriated to be used for the marketing program proposed by ACRA upon
written request to and approval by City Council. The reserve funds shall not be used to fund any specific
event or sponsorship request that is not part of the annual marketing plan. The reserve funds may be
used for no purpose other than a purpose that is (a) permitted pursuant to Ordinance No. 31, Series
2010 and (b) supplements the tax revenues appropriated pursuant to paragraph 5 of this Agreement
following a 12 month period during which tax revenues have decreased. The parties agree that ACRA
will use good faith efforts to build the fund to $300,000 by December 2019. The funds in the reserve
account are separate and distinct from any funds paid to and set aside by ACRA to provide contingency
or cash flow during the budget year.
7. Equal Access. Any and all businesses within the City shall be permitted equal access and
opportunity to participate in cooperative advertising efforts and package promotions specifically related
to and supported by the use of the marketing funds referenced in this Agreement, whether or not the
business is a member of the ACRA or the Aspen Lodging Association. That is, to the maximum extent
possible, ACRA shall make a distinction between member service and other existing programs supported
by membership dues, and new programs supported by the City and this Agreement, and as to the latter,
not discriminate based on membership in the organizations.
8. Termination. Either party may terminate this agreement effective on December 31 of
any year; provided, however, that written notice is delivered to the other party not later than June 30 of
the year that termination is to become effective.
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9. Other Restrictions and Provisions
a. These are intended to be additional funds for marketing, and the intent is that
the City will continue its existing funding (for the visitors center, etc.) as a floor, and not lessen those so
that the marketing funds from the tax are not absorbed into existing ACRA/City programs.
b. The marketing funds shall not be used for city capital projects such as the
construction of visitor information centers or other tourist amenities.
c. The City Council shall not, without prior consultation with ACRA, change the
agent assigned to manage the tourism marketing funds. Nor shall the City change that agent without
some sort of cause and explanation, and it shall consult with the ACRA as to any new fund manager.
d. ACRA shall not use any of the marketing funds for providing direct reservation
services.
e. ACRA shall not use fund proceeds to influence the outcome of any election.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, representatives, successors and assigns and to any person into
or with which any party hereto may merge, consolidate, or reorganize.
11. Acknowledgements. The parties declared that they have read and understand the
terms of this Agreement, that they have had an opportunity to be represented by counsel with regard to
the execution of this Agreement, and that they execute this Agreement voluntarily and without being
pressured or influenced by any statement or representation made by any person acting on behalf of
anyone else.
12. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers,
employees, insurers, from and against all liability, claims and demands on account of injury, loss, or
damage, arising out of or in any manner connected with this Agreement, if such injury, loss, or damage
is caused in whole or part, or is claimed to be caused in whole or part by, the act, omission, error,
mistake, negligence, or other fault of ACRA, employee, representative, or agent. ACRA agrees to
investigate, handle, respond to, and to provide a defense for and defend against any such liability,
claims or demands at the sole expense of ACRA, or at the option of the City, ACRA agree to pay the City
or reimburse the City for the defense costs incurred by the City in connection with, any such liability,
claims or demands. If it is determined by the final judgment of a court of competent jurisdiction that
such injury, loss, or damage was caused in whole or part by the act, omission, or other fault of the City,
its officers, or its employees, the City shall reimburse ACRA for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees. If any lawsuit challenges the
City’s authority to impose the visitor benefits tax, the City shall be primarily responsible for the defense
of the suit.
13. No Warranties. Except as expressly set forth in this Agreement, the parties have not
made and make no other representations, warranties, statements, promises or agreements to each
other.
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14. Entire Agreement. The parties agree that this Agreement represents the entire
agreement and supersedes all prior agreements between and among them with regard to the subject
matter set forth herein, and may not be amended nor may any condition contained herein be waived
except by written instrument signed by all parties.
15. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney at
130 S. Galena Street, Aspen CO 81611; to ACRA at Aspen Chamber Resort Association, 425 Rio Grande
Place, Aspen CO 81611; and to Oates, Knezevich & Gardenswartz, P.C., 533 East Hopkins Avenue, Aspen
CO 81611.
16. Counterpart Signatures. This document may be executed in counterpart original copies,
with the original signatures on separate pages to be collated together on one original form of the
agreement.
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CITY OF ASPEN, a municipal corporation
Attest: __________________________________
_____________________________ By: Stephen H. Barwick
City Clerk
ASPEN CHAMBER RESORT ASSOCIATION
Attest: ___________________________________
By: Debbie Braun, President
_____________________________
Secretary
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MEMORANDUM
TO: Mayor and City Council
FROM: Sara Ott, Assistant City Manager
Richard Pryor, Chief of Police
DATE OF MEMO: December 11, 2017
MEETING DATE: December 18, 2017
RE: Resolution 181, Series of 2017, Approving an
Intergovernmental Agreement between Pitkin County, Aspen
Valley Hospital, Aspen School District and City of Aspen for
Mental Health and Substance Use Services
REQUEST OF COUNCIL: Staff requests approval of Resolution 181, Series of 2017,
authorizing the execution of a 1-year intergovernmental agreement between Pitkin County,
Aspen Valley Hospital, Aspen School District, and City of Aspen to offer mental health and
substance use services to Pitkin County by Mind Springs Health in collaboration with Mountain
Family Health Centers.
PREVIOUS COUNCIL ACTION: Previously, the City granted funds to multiple Aspen-area
non-profit organizations providing mental health and substance abuse prevention and treatment
services in the community. In total, these funds account for approximately $73,000 annually.
Additionally, the City funds $99,060 in 2018 for a Human Services Officer within the Police
department that works closely with at-risk populations, including individuals with mental health
conditions.
BACKGROUND: As stated by Pitkin County Health and Human Services staff, “mental health
and substance use have long been identified as the most significant health issues facing the
people who live, work and play in Pitkin County. High rates of suicide, mixed messages
surrounding the promotion of our ‘party town’, high rates of depression and anxiety, sleep
disturbances, financial pressures, lack of psychiatric care, lack of specialized support for
marginalized populations and the high cost of treatment, as well as other issues have inspired a
number of different non-profit and private providers to try to step up and respond. The result has
been a community perception of a fragmented and uncoordinated system of care.”
In November 2016, Pitkin County assembled several stakeholders that provide funding for
mental health and substance use services in the community including Pitkin County, City of
Aspen, Aspen Community Foundation, Aspen School District, Aspen Ski Company, and
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Colorado Mountain College to strategically create system that can provide a continuum of mental
health services in the County (see attachment C).
Collectively, stakeholders identified deficiencies in the current services being provided including
gaps in:
· Available care
· Inconsistent coordination between partners for delivery of care
· Missed opportunities to capture funding through Medicaid and private billing
· Multiple providers seeking funding from the same funders
· Lack of consistent data on the impact of grant funding awarded to mental health programs
The parties agreed to partake in a joint process to redesign the funding model and seek a new
service delivery model that provides a more cohesive and rapid service delivery system.
Paramount to this redesign was to bring together public dollars from the Healthy Community
Fund, City of Aspen, Pitkin County, Aspen Valley Hospital and Aspen School District into one
funding pool for vital mental health and substance use services. The overall goal is to provide
better services to those in need and to most efficiently and prudently allocate public funds.
Stakeholders met regularly to develop and release a request for proposals in July 2017 to request
mental health and substance use professionals design and deliver a system of care that would:
a) Demonstrate that they are evidence-based or reflect a promising practice
b) Identify and fully describe collaborative aspects of the proposal
c) Specify outcome measures and reporting processes
d) Agree to participate in regular program review meetings with funders
e) Highlight ways that they reduce fragmentation and duplication of services, and increase
integration and coordination of services
f) Illustrate how they will improve access and affordability of services
g) Detail how they can enable early identification and intervention of mental health and
substance use needs
h) When providing clinical mental health services, illustrate that the organization has a
Medicaid credential
i) If providing crisis services, demonstrate rapid assessment (state requires 2-hour response
time) and referral
j) Ability to accept and triage on M1 holds or describe safe, legal and humane alternatives
to M1 holds
Proposers were encouraged to design and deliver a system of care that aligned to area(s)
identified in the mental health continuum of care, thereby ensuring funding would be aligned to
the stakeholder priorities.
Pitkin County hosted a pre-bid meeting for potential proposers in late July. Three proposals were
received on September 25th and were reviewed by all stakeholders on October 12, 2017. The
first-choice vendor was also interviewed on October 25 by stakeholders. Proposals were
received from:
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o Mind Springs Health in partnership with Mountain Family Health Centers
o Aspen Strong
o Community Health Initiatives
DISCUSSION: Unanimously, stakeholders chose Mind Springs Health in partnership with
Mountain Family Health Centers as the preferred vendor. Mind Springs Health with Mountain
Family Health Centers were successful because, through their collaborative effort, they provide
the full Mental Health Continuum of Care (Prevention, Intervention, Treatment and Case
Management) that integrated with the stakeholders desire for an evidence-based or a developing
practice that shows promise to become evidence-based in the near future.
The breakdown of services that would be purchased for the community include:
Community Mental Health-$171,468
· 1.0 FTE Licensed Therapist: Rapid Response Mobile Unit Team Member- intensive,
community based, outpatient treatment focused on high risk individuals who might not
come into a clinic setting. Includes case management, therapy services and 1/3 cost of a
vehicle. Intensive Stabilization Program Team Member- after crisis intervention, serve as
a bridge between crisis services and standard outpatient services.
· 1.0 FTE Case Manager: Rapid Response Mobile Unit Team Member (see above).
Intensive Stabilization Program Team Member (see above).
· 60 Hours/year of Advanced Psychiatric Nurse Practitioner time for jail: individuals who
need mental health interventions, but did not meet the state’s JBBS criteria. Nurse can
prescribe to individuals needing medication management.
Integrated Care Program - $197,818
· 2.0 FTE Behavioral Health Specialists: This staff will work in the MFHC Basalt Clinic,
and expand the current behavioral health program there. They will provide outpatient (6
sessions) services for families, substance use disorders, trauma, hypnosis, animal assisted
and other evidence based therapies.
· 2.0 FTE Patient Care Coordinators: will work in the MFHC Basalt Clinic, one will be a
patient educator, and the other a social health advocate. The patient educator will
advocate for the patient and family, facilitating culturally appropriate communication
between patient and providers and will identify and decrease barriers to behavior change
and improve access to needed services. The social health advocate will provide care
coordination to patients who are at most risk for health deterioration sentinel events
and/or poor outcomes. The social health advocate will assess the determinants of health
and assist the patient in addressing barriers and increase access to services.
· Telepsych (4 hours) virtual meeting with psychiatrist
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School Based Therapists – $118,715
· 1.0 FTE Aspen School District Therapist: on-site student and family therapy and
consultation with school staff to facilitate assessment by a multidisciplinary team
available to all three schools
· .6 FTE Basalt Schools, Roaring Fork School District School-Based Health Center
Therapist: available to all three schools, focus on students with depression, trauma and/or
anxiety, substance use
The community will benefit from the placement of a full-time mental health therapist within
Aspen School District and law enforcement will benefit from a rapid-response mobile unit for on
scene assistance. The proposed contract scope increases the capacity of existing services such as
integrated health care and mental health care, case management, psychiatric medication
management, tele-psych access and crisis services. Further, Mind Springs Health and Mountain
Family Centers can bring additional dollars, such as Medicaid and private pay insurance, to offset
a portion of the cost of services.
Intergovernmental Agreement
The initial term of this intergovernmental agreement will be one year and it will be in effect
until any one of the parties terminates. Pitkin County will serve as the fiscal agent through the
Public Health department and a single contract will be executed with Mind Springs Health as the
lead agency for $488,000. Mind Springs Health will then subcontract to Mountain Family Health
Centers. Participating members agree to provide 2018 funding based on historic contributions to
mental health.
Aspen School District $40,000
Aspen Valley Hospital $73,275
City of Aspen $70,550
Pitkin County Healthy Community Fund $304,507
Total $488,332
Additionally, Pitkin County is providing office space at no cost at the Schultz Health and Human
Services building and Aspen School District is providing office space for a school therapist at the
Aspen Middle School at no cost. Pitkin County is also rolling its mental health therapy
contribution to a school-based health center in Basalt, CO into this scope.
FINANCIAL/BUDGET IMPACTS: The total request to the City of Aspen is $70,550. The
City of Aspen 2018 Budget includes $73,960 in health and human services grant dollars
designated for mental health. At the time of budget adoption, this amount was tentatively
distributed between four mental health service educators/providers, with an understanding that
final consideration would occur after the results from the request for proposal were complete.
A Way Out $ 5,000
Aspen Counseling Center operated by Mind Springs Health $56,460
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Aspen Hope Center $10,000
Aspen Strong $ 2,500
Total $73,960
Under the proposed arrangement, the City would not provide health and human services grants to
these agencies. Rather, the City’s mental health and substance use funding would be directed
through this joint funding pool, administered by Pitkin County Public Health.
The Pitkin County Board of County Commissioners approved this intergovernmental agreement
at first reading on December 6, 2017 and will consider it again for second reading on December
20, 2017. The Aspen Valley Hospital unanimously approved the intergovernmental agreement
on December 11, 2017.
Further, a steering committee that includes all the funding partners will begin convening monthly
to ensure a smooth implementation of the new service delivery model. The Town of Snowmass
Village and Town of Basalt will also participate in the implementation and the steering
committee would like to discuss future funding contributions from these communities.
RECOMMENDATION: It is recommended that City Council enter into the intergovernmental
agreement and provide Pitkin County, as fiscal agent, payment of $70,550.
The health and human services grants would have undistributed funds totaling $3,410 that City
Council could choose to award if so desired.
ALTERNATIVES: City Council could elect to maintain the status quo system of fragmented
giving to mental health and substance use organizations or could elect to not distribute funds to
any organization.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A: Resolution 181, Series of 2017
Attachment B: Proposed Intergovernmental Agreement
Attachment C: Mental Health Continuum of Care Chart
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RESOLUTION NO. 181
SERIES OF 2017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, ASPEN VALLEY
HOSPITAL, ASPEN SCHOOL DISTRICT, AND PITKIN COUNTY, COLORADO FOR MENTAL HEALTH AND
SUBSTANCE USE SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an intergovernmental agreement for
mental health and substance use services, a copy of which document is annexed hereto and made a part
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves an intergovernmental agreement
between the City of Aspen, Aspen Valley Hospital, Aspen School District, and Pitkin County for mental
health and substance use services, a copy of which document is annexed hereto, and does hereby
authorize the City Manager of the City of Aspen to execute said document on behalf of the City of
Aspen.
RESOLVED, APPROVED, AND ADOPTED this ____th day of December 2017, by the City Council
for the City of Aspen, Colorado.
___________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting
held December ____, 2017.
_____________________________
Linda Manning, City Clerk
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INTERGOVERNMENTAL AGREEMENT
For
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this
______ day of ____________________, 2017 by and between the Board of County
Commissioners of Pitkin County, Colorado, whose address is 123 Emma Road, Suite
106, Basalt, CO 81621 ("the County”), Aspen Valley Hospital (“AVH”), Aspen School
District (“ASD”), and the City of Aspen. (“COA”), and hereinafter severally referred to
by name or collectively as the “Participating Members”.
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. Mental Health and Substance use have long been identified as the most
significant health issues facing the people who live, work and play in Pitkin County. High
rates of suicide, mixed messages surrounding the promotion of our “party town”, high
rates of depression and anxiety, sleep disturbances, financial pressures, lack of
psychiatric care, lack of specialized support for marginalized populations and the high
cost of treatment, as well as other issues have inspired a number of different non-profit
and private providers to try to step up and respond. Although there are many assets within
the community along the system of care, gaps still remain, and many of our most
vulnerable residents fall through the cracks of a fragmented system.
3. The local funding stakeholders of Pitkin County engaged in a focused
strategic planning process with the purpose of rapidly improving access to mental health
and substance use programs and services for all county residents by changing the way
funding is allocated to programs. Funders have committed to improving or creating new
funding strategies and to using funding strategically to strengthen the system of care and
improve service delivery.
4. The Participating Members strive to create system of care change that rapidly
improves access to mental health and substance use services for Pitkin County residents
by defining funding methods and applying financial resources to support programs that
reflect system of care priorities, provide needed services and demonstrate collaboration.
5. Participating Members have historically supported mental health and
substance use providers through both charitable contributions and contracts for services
as ways to address the health, safety and wellbeing of their residents.
6. Participating Members desire to establish a sustainable, integrated, high-
quality system of care and are committed to realigning funding and human resources to
address ongoing unmet Mental Health needs.
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7. In July, 2017, Pitkin County, on behalf of the strategic funders
collaborative, issued a Request for Proposals (RFP) for the provision of integrated,
collaborative mental health and substance use prevention, intervention, treatment and
case management services. Participating Members selected Mind Springs Health (MSH)
(in collaboration with Mountain Family Health Centers (MFHC) for their proposal of
community mental health, crisis services, integrated health services and school based
services.
8. Participating Members agree to collectively pool their funding to support
the selected vendor in 2018 (MSH and MFHC) for community mental health, crisis
services, integrated health care and school based services. This will include departments
that have previously had contracts or made contributions to mental health agencies
including; in Pitkin County- Public Health, Human Services, Healthy Community Fund,
Sheriff’s Office, Communications Center and Jail. Departments in the City of Aspen
including Aspen Police Department and City Manager’s office. Departments in the
Schools including Superintendent’s office, Special Education, School Counselors.
9. Participating Members reached an agreement on an initial funding model
for 2018 based on historic funding contributions, to provide integrated, collaborative
mental health and substance use prevention, intervention, treatment and case management
programs and agree to consider future funding models and RFP’s as they are submitted.
10. Participating Members already have existing relationships with the
vendors selected for 2018 and it is believed that this agreement will serve to enhance and
strengthen these relationships.
10. Participating Members have agreed to refine the funding model for 2019
to ensure an adequate and equitable distribution of responsibility for future financial
support for integrated, collaborative mental health and substance use prevention,
intervention, crisis response, treatment and case management programs.
11. The Participating Members do hereby collectively determine and declare
that this Intergovernmental Agreement is necessary, proper and convenient for the
continued fostering and preservation of the public health, safety and wellbeing.
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:
ARTICLE 1 – TERM AND EFFECT
1. Effect of IGA – Except as expressly provided herein, this IGA shall replace and
supersede all prior agreements of any kind between all or any of the Participating
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Members and any or all other Participating members hereto, to the extent and for
the limited purpose as such other agreements may be related to the provision of
funding collaborative and integrated mental health and substance abuse
prevention, intervention, treatment and case management programs.
2. Term – The initial term of this IGA shall commence on January, 1, 2018 and will
be in effect until any one of the parties terminates the agreement per paragraph
_____________ of Article ___________________
ARTICLE 11 – FISCAL AGENT AGREEMENT
1. Pitkin County agrees to be the fiscal agent providing payment to Mind Springs
Health (and Mountain Family Health Centers) in the amount of $488,000 in 2018
for collaborative and integrated mental health and substance use prevention,
intervention, treatment and case management programs per the contract and
approved in the County’s 2018 budget.
2. The Participating Members agree to provide funding in return for collaborative
and integrated mental health and substance use prevention, intervention, crisis
response, treatment and case management programs as follows. By October each
year Mind Springs Health (and Mountain Family Health Centers) will provide the
County with a budget to fund collaborative and integrated mental health and
substance use prevention, intervention, treatment and case management programs
for the next fiscal year. The share for each entity will be determined as follows:
a. In-Kind Contributions:
i. Pitkin County shall provide, at no cost, space in the Schultz Health
and Human Services Building to Mind Springs Health for
collaborative and integrated mental health and substance abuse
prevention, intervention, treatment and case management
programs. The value of this space is recognized as $59,766 per
year.
ii. Aspen School District shall provide, at no cost, space in the Aspen
Middle School for Mind Springs Health a youth and family
clinician. The value of this space is recognized as $45,000 per
year.
b. Cash funding for collaborative and integrated mental health and substance
use prevention, intervention, treatment and case management programs:
Any changes to the total amount or the formula in subsequent fiscal year
contributions will be approved by the managers of Participating Members
and will replace Exhibit A.
i. In 2018, Aspen Valley Hospital agrees to pay $73,275 of the
provision of collaborative and integrated mental health and
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substance use prevention, intervention, treatment and case
management programs provided by Mind Springs Health and
Mountain Family Health Centers
ii. In 2018, Aspen School District agrees to pay $40,000 for the
provision of a school based youth and family clinician provided by
Mind Springs Health
iii. In 2018, City of Aspen agrees to pay $70,550 for the provision of
collaborative and integrated mental health and substance use
prevention, intervention, treatment and case management programs
provided by Mind Springs Health and Mountain Family Health
Centers
iv. In 2018, Pitkin County agrees to pay $304,507 for the provision of
collaborative and integrated mental health and substance use
prevention, intervention, treatment and case management programs
provided by Mind Springs Health and Mountain Family Health
Centers
c. Pitkin County will pay Mind Springs Health monthly based on invoices of
actual expenses less other revenues.
d. Participating Members will seek other funding partners and grants to
continue to support these essential community services and address gaps
in service.
e. Quality Assurance- Participating Members are committed to working
together to ensure that high quality, best practices services are provided in
a timely manner to ensure successful access to valued programs
i. Pitkin County Public Health will be responsible for contract
compliance with the selected vendors
ii. Participating Members agree to meet monthly to review budget,
expenditures and outcomes during the first six months, then
quarterly thereafter
iii. Participating Members agree to assign staff to participate in
monthly operations reviews (protocols, issues, needs,
communication, debriefs, etc) with vendors
iv. Participating Members agree to develop metrics with the vendor
and submit to Pitkin County Public Health data needed for
outcome measures of success
ARTICLE III – GENERAL PROVISIONS
1. Assignability. This agreement is not assignable by either party.
2. 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.
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3. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties and all other promises and agreements relating to the subject of this
Agreement, whether oral or written, are merged herein.
4. 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.
5. Notices. Any notice required or permitted under this Agreement shall be in
writing and shall be provided by electronic delivery to the e-mail addresses set
forth below and by one of the following methods 1) hand-delivery or 2)
registered or certified mail, postage pre-paid to the mailing addresses set
forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of
notices shall be considered delivered upon receipt of confirmation of delivery
on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To: Jon Peacock With copies to:
Pitkin County Manager Pitkin County Attorney’s Office
123 Emma Road 123 Emma Road, Suite 204
Basalt, CO 81621 Basalt, CO 81621
970-920-5067 attorney@pitkincounty.com
To: Steve Barwick City of Aspen Attorney
City Manager 130 South Galena Street
130 South Galena Street Aspen, CO 81611
Aspen, CO 81611 970-920-5212
970-920-5212
To: Dave Ressler Aspen Valley Hospital Attorney
Chief Executive Officer 0401 Castle Creek Road
0401 Castle Creek Road Aspen, CO 81611
Aspen, CO 81611 970-925-1120
970-925-1120
To: John Maloy Aspen School District Attorney
Superintendent 235 High School Road
235 High School Road Aspen, CO 81611
Aspen, CO 81611 970- 925-3760
970-925-3760
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6. Government Immunity. The parties agree and understand that both parties are
relying on and do not waive, by any provisions of this Agreement, the monetary
limitations or terms or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from
time to time amended or otherwise available to the parties or any of their officers,
agents, or employees.
7. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute
only currently budgeted expenditures of the parties. The parties’ obligations
under this Agreement are subject to each individual party’s annual right to budget
and appropriate the sums necessary to provide the services set forth herein. No
provision of this Agreement shall be construed or interpreted as creating a
multiple fiscal year direct or indirect debt or other financial obligation of either or
both parties within the meaning of any constitutional or statutory debt limitation.
This Agreement shall not be construed to pledge or create a lien on any class or
source of either parties’ bonds or any obligations payable from any class or source
of each individual party’s money.
8. Binding Rights and Obligations. The rights and obligations of the parties under
this Agreement shall be binding upon and shall inure to the benefit of the parties
and their respective successors and assigns.
9. Agreement made in Colorado. This Agreement shall be construed according to
the laws of the State of Colorado, and venue for any action shall be in the District
Court in and for Pitkin County, Colorado.
10. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party, whether by final
judgment or out of court settlement, shall recover from the other party all costs
and expenses of such action or suit including reasonable attorney’s fees.
11. No Waiver. The waiver by any party to this Agreement of any term or condition
of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by any party.
12. Authority. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof.
The foregoing Agreement is approved by the Board of County Commissioners of
Pitkin County, Colorado at its regular meeting held on the _____ day of
, 2017
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The foregoing Agreement is approved by [other governmental entity] at its
regular meeting held on the _____ day of , 2017.
In Witness whereof, the parties hereto have caused this agreement to be executed as of
the day and year first above written.
ASPEN VALLEY HOSPITAL
By:_________________________ Date:____________
ASPEN SCHOOL DISTRICT
By:_________________________ Date:____________
[Title]
CITY OF ASPEN
By:_________________________ Date:____________
[Title]
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By:_______________________ By:__________________________
Chair County Attorney
Manager Approval:
By:______________________
Jon Peacock, County Manager
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Effective 09-06-2017
This repeals all previous versions of this template previously posted to PCIN
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Regular Meeting Aspen City Council December 11, 2017
1
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCIL COMMENTS ............................................................................................................................. 2
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #167, Series of 2017 – Wheeler Fund Advance to Water Utility Fund .............................. 5
Resolution #166, Series of 2017 – Updated Financial & Investment Policies ..................................... 5
Resolution #168, Series of 2017 – Wheeler Booking Broker ............................................................... 5
Resolution #171, Series of 2017 – Temporary Use Extension – 101 Founders Place Units 104 & 105
5
Resolution #172, Series of 2017 – BLM Lease for Hunter Creek Communications Site ..................... 5
Resolution #159, Series of 2017 – Contract with Holy Cross Energy – Highlands Pump Station
Electric Service/Supply ................................................................................................................................. 5
Resolution #169 & 170, Series of 2017 – Cozy Point Ranch Lease Extension .................................... 5
Resolution #162, Series of 2017 – 2018 Mill Levy .............................................................................. 5
Minutes – December 11, 2017 .............................................................................................................. 5
ORDINANCE #34, SERIES OF 2017 .......................................................................................................... 5
ORDINANCE #31, SERIES OF 2017 – 488 Castle Creek Road Affordable Housing – Major Public
Project ........................................................................................................................................................... 6
EXECUTIVE SESSION ............................................................................................................................... 9
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin,
Hauenstein, Frisch and Mullins present.
CITIZEN COMMENTS
1. Bob Morris talked about employee housing and said he can visualize a second story on the Red
Brick where the city could put more employee housing. Impacts would be minimal. It is a win
win situation. He sees more pros then cons.
2. Mike Maple agreed with Bob’s comments about the Red Brick. He also talked about efficient use
of city resources. He spoke about Burlingame and the subsidy. He applauds the idea of
affordable housing but it has to be done efficiently. The ordinances for the 3 new projects speak
nothing to cost or subsidy. Understand the budgets and allow the community to as well. It
should be a key part to your decision making process.
3. Mike John promoted the event with Aspen Entrepreneurs for 12/12/17. 5-7pm at the
Maker+Place space. It is open to the public. January 10th Brad Feld will speak at the Aspen
Business luncheon.
COUNCIL COMMENTS
Councilman Hauenstein thanked ACRA for the seminar on the 5th for best practices for non-profits and
small businesses on oversight.
Councilman Myrin thanked Rebecca and others who worked on the city holiday party. John Miller spoke
about anonymous complaints a few weeks ago and we should consider his suggestion. In Basalt and
Snowmass AirBNB automatically collects and remits taxes. Do we do that. Sara Ott, managers office,
said we looked at their proposal and feel it does not meet our expectations on the taxes. Jim True, city
attorney, said we have a number of issues on the agreement they proposed. The tax is owed if you use the
services. It is a matter of reporting and collection. We are still working on it. Councilman Myrin asked
about the water rates for snow polo. Is it similar to what Burlingame is paying. Tyler Christoff, utilities,
said we have been metering the water. Initially it was well water but is now potable and they are paying
the residential water rate. Councilman Myrin said they should pay the highest tier residential rate. There
have been conversations in the papers about affordable housing being for workforce and less for the
community. Council should pass a resolution on our direction as workforce housing or community
housing. Aspen lost a valued member of the community Saturday, Junee Kirk. He thanked her for
everything she worked so hard for.
Councilwoman Mullins said Junee was a passionate Aspenite and wonderful artist. She valued her
opinion and love of Aspen. We should honor her for her involvement and passion to the city. It is a great
loss.
Mayor Skadron said his heart goes out to Junee’s family and friends. She was an iconic figure in town.
Junee was a staunch defender of our small town character.
Mayor Skadron said at the last public meeting we heard from Christine Vedder about irrigation rates at
Burlingame. Barry sent us a summary. Does council have any thoughts.
Councilman Myrin said big picture is if the cost per gallon is at or below what others are paying or above.
If it is at or below he is comfortable. If it is higher we should look at it. Barry Crook, managers office,
said the potable rate will be the rate everyone else pays. The raw water rate will be lower. They are not
getting raw water yet.
Councilwoman Mullins said she would like to know more about this. Is it a policy decision or a one time
fix for Burlingame.
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Councilman Hauenstein said as policy, once we sign off on an HOA the irrigation costs should go to
them. We should have a policy that applies to all. Mr. Crook stated he thinks they are asking for the
difference between the raw water bill and potable bill until the raw water comes on line.
Councilman Frisch said it’s a shame there is a lack of clarity in the handoff from the city. Not sure why
this one has become a problem. Not sure why the policy should be different.
Mayor Skadron said to schedule a work session.
BOARD REPORTS
Councilwoman Mullins said the covenant enforcement meeting for the Rio Grand Trail is held once a
year and they concluded all is well with the trail. CML met and talked about a broad range of policy. She
gathers input from the departments on proposed policy to take to the meetings. The Board of Health
heard from the State on suggestions for putting the board together in January. Dr. Kim Levin spoke about
the opioid crisis. There was also a presentation about grey water regulations. Both would be worthwhile
for Council to hear.
CONSENT CALENDAR
Reso 167 – Wheeler fund transfer to Water fund
Councilman Frisch said he is fully supportive of using the Wheeler fund on limited times for inter
department lending.
Reso 166 – Financial Policy Update
Councilman Frisch asked about the metrics around lending.
Pete Strecker, finance, replied the loan was structured on proposed financial policies. The policies
include a new section called inter fund advances. They will be for 10 years or less. It ties yields based on
treasury rates. It would be a fixed rate and there are no pre-payment penalties. The most ambiguous item
is the maximum principle amount for borrowing. It will be based on the funds involved. If you want a
defined number we can do that. Councilman Frisch said he is supportive of where we are now.
Councilman Myrin said he will vote no on this one to be consistent with what he has said about
purchasing the property. He appreciates there is a policy now.
Reso 168 – Wheeler booking broker
Councilman Hauenstein asked if the pilot program went through the RFP process. Gena Buhler, Wheeler,
replied it did not because of a lower threshold. Councilman Hauenstein asked if this RFP went through
the normal city policies. Ms. Buhler stated yes, and we sent it out to an industry list to get it out as much
as possible. Councilman Hauenstein asked who on the Wheeler board participated in the RFP process.
Ms. Buhler replied Chip Fuller. Councilman Hauenstein said he has received some comments that people
don’t want to see the money leave the valley. As long as it went through the normal process and there
were only two submittals he is ok. Ms. Buhler said it was a five person committee, Craig Bulman the
Wheeler publicist, two members of staff, Chip and herself participated. We are looking for a very
specific niche and did not have the option to spend the money locally. Councilman Hauenstein asked do
you and Belly Up have a good working relationship. Ms. Buhler replied yes.
Councilwoman Mullins said she had similar comments. She was hoping there would be more responses.
What is the relationship with the Wheeler and Belly Up. Ms. Buhler stated since she arrived the direction
has been to collaborate with them as much as possible. Michael and I are in constant contact to work
collaboratively for the benefit of the community. Councilwoman Mullins asked if this changes the
programming. Ms. Buhler said it will grow what we are able to do with the Belly Up at the Wheeler.
Councilman Myrin said it was a five person committee with two staff from the Wheeler. Three of the five
are under your influence. Ms. Buhler replied everyone brings their specific rankings then the results are
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revealed. Councilman Myrin said he will also vote against this as he would like to see it go to Belly Up.
Ms. Buhler said it is not a matter of did we go with the proposed or Belly Up. We are looking for
someone that brings a full service including family programming and theatre.
Councilman Frisch said the Wheeler is here to compliment not compete with the private sector. The
agreement is for one year with the ability to extend. PFM also works with the Valar. How do we not get
suckered by playing off of each other. Norbert Mongeon, vice president, stated they have worked with
the Valar for many years and there are many events that are co-booked. He believes the arrangement will
bring more value to the table. Councilman Frisch said he looks at this as a package deal with the Wheeler
and Belly Up. To me it is a one year trial. He will support staff in their direction and having a
relationship with the Belly Up. He has no interest to go beyond the one year.
Mayor Skadron asked what is the threshold for success. Ms. Buhler replied the criteria is we are able to
book the amount of shows need to fill a curated season, year round. There is a minimum base of
programming we are looking for. PFM brings five people that work on this. Mayor Skadron asked how
does a Connecticut firm understand the local market. Mr. Mongeon stated that with working with the
local representatives. We are a boutique firm and have the ability to work with the local marketing team
and management.
Mayor Skadron asked Michael if he wanted to add anything.
Michael Goldberg, Belly Up, said to Ward’s question, we do have a good relationship with the Wheeler.
Ideally, from a business point of view he would have preferred we be tasked with the music aspect of this.
It is hard to compete with my local knowledge and someone who has put in their own money. I don’t
bring the experience that PFM does with the non music element. There is a way of doing this without it
being competitive. I have faith in Gena in terms of honoring what we have informally come to
understand are the Wheelers and Belly Ups place. The challenge is to continue the collaboration not just
with Gena but PFM. We are booking more not less. It can work to the whole benefit of the community
and for both of us.
Reso 171 temp use
Councilman Myrin said you are asking to allow office use where it is not allowed. Justin Barker,
community development, said office is not an allowed use in that zone. Council granted a 3 year
temporary use to allow office. Councilman Myrin asked if we can pay more somewhere else where office
is allowed. Saul Abrahams, project manager, said we can look at that. This is where the police is
currently located. We can look at other options but it would be tough to find another location with this
amount of space. Councilman Myrin said in general it would be his preference to not change the use of
something so we can use it ourselves. A location reason is a different reason.
Reso 159 – pump station
Councilman Myrin asked is this connected to the treatment facility and where does the water come from.
Andy Rosello, utilities, said it is a stand alone station. The water is a blend from Maroon and Castle then
pumped to highlands. Currently there is a station at Meadowood that serves all of highlands. This would
provide a second route if that station goes down. Councilman Myrin asked when will it be on line. Mr.
Rosello replied February or March.
Reso 169 and 170 – Cozy Point lease extensions
Councilman Frisch asked is two months all we’ll need. This has been going on for a while. Austin
Weiss, parks, replied we thought we were closer than we were. Our next opportunity for a work session
is January 9th and we feel we can get it hammered out there.
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· Resolution #167, Series of 2017 – Wheeler Fund Advance to Water Utility Fund
· Resolution #166, Series of 2017 – Updated Financial & Investment Policies
· Resolution #168, Series of 2017 – Wheeler Booking Broker
· Resolution #171, Series of 2017 – Temporary Use Extension – 101 Founders Place Units 104 &
105
· Resolution #172, Series of 2017 – BLM Lease for Hunter Creek Communications Site
· Resolution #159, Series of 2017 – Contract with Holy Cross Energy – Highlands Pump Station
Electric Service/Supply
· Resolution #169 & 170, Series of 2017 – Cozy Point Ranch Lease Extension
· Resolution #162, Series of 2017 – 2018 Mill Levy
· Minutes – December 11, 2017
Councilman Frisch moved to adopt the Consent Calendar without Resolutions 167 and 168; seconded by
Councilwoman Mullins. All in favor, motion carried.
Councilwoman Mullins moved to adopt Resolutions 167 and 168; seconded by Councilman Frisch. All
in favor except Councilman Myrin. Motion carried.
ORDINANCE #34, SERIES OF 2017 – S. Aspen Street PUD/Subdivision - PD Amendment
Jennifer Phelan, community development, said this is a PD amendment to the subdivision. The property
is owned by ASV Townhomes LLC and represented by Chris Bendon. The request is to amend yard
setbacks approved in the PUD at three points for two structures on Lot 1. The property is bounded by
Juan and Aspen streets and located in the Lodge zone. It was approved for 20 dwelling units, 15
affordable housing and 5 free market. The approvals had a setback plan that called out certain points for
structures on the lot in relation to the property lines. The underlying zoning requires a minimum 5 foot
set back. Building C, western building, noted that the entry façade was called out at 66 feet 3 inches.
When we confirmed, it is 9 inches closer that what was approved. The retaining wall along Juan street
had call outs and in two places the approved condition was greater than what is built, 13 and 6 inches.
How did we get here. There were multiple consultants working on the project. The landscape architects
designed setback plans where the architects did the floor plans. The building was built off the
architecturals. Staff is recommending approval since all three points are still greater than the underlying
requirement of 5 feet. With approval, we would be able to get the COs issued and the 20 units online.
Chris Bendon and Todd Anderson, representing the applicant. Mr. Bendon said there are three requests
as Jen said, there was a bit of misunderstanding within the applicant team. The building is essentially
done. The bump out is 9 inches closer to Juan street than it should be. It still complies with the covenant
on the lot. Another part of the request is the wall that is further back is 10 inches closer to the street than
it should be. On the other side it is 6 inches closer. We met with Mary Barbe, owner of the house on the
corner, to go over these requests. We left understanding they are not bothered by these requests but are
concerned with parking in front of their home. Her request is that there is parking signed for no parking
and would like the ability for a future driveway. He showed pictures of the affordable housing units.
They are really nice units that will be added to the inventory.
Councilman Myrin said on page 104, 5 feet is the requirement and both exceed that. Why do you have to
come to Council. Ms. Phelan said it is a site specific approval and they do not meet the plans.
Councilman Myrin aske did you receive any neighbor letters. Ms. Phelan replied no. It was published,
posted and there was a mailing.
Councilman Hauenstein asked are they for sale or rental. Mr. Anderson replied the affordable housing are
all for sale.
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Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Myrin moved to adopt Ordinance #34, Series of 2017; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron,
yes. Motion carried.
ORDINANCE #31, SERIES OF 2017 – 488 Castle Creek Road Affordable Housing – Major Public
Project
Hillary Seminick and Jessica Garrow. Ms. Seminick told the Council this is the continuation of the public
hearing for 488 Castle Creek Road. This is the final of the three affordable housing projects the city is
pursuing with AHP. This falls under the major public process review and all are consolidated into a two
step process instead of the normal three. Reviews include rezoning, PD, 8040 Greenline, growth
management, Residential Design Standards variation and subdivision. P&Z recommended approval with
conditions. Council is the final decision. The property is located on Castel Creek to the left of the
hospital. It is a triangular site .5 acres in size. The property is adjacent to AVH, castle creek affordable
housing, Marolt employee housing and adjacent to the Marolt open space. It is walking distance to we-
cycle and a bus stop. There are two options for consideration tonight, A and B. A is the project as
originally proposed at 28 units. 18 one bedroom and 10 two bedroom units. It will house 54 FTEs. 38
parking units are required. 34 will be mitigated on site and 4 provided for on site, off site, shared, fee in
lieu or impact improvements. The applicant can choose the way they mitigate. Maximum floor area is
22,000 square feet. Maximum height is 45.875 ifeet on the Marolt side and 32 on the Castle Creek side.
Option B is the 3 story option. It removes the fourth story element and would be 24 affordable housing
units. 14 one bedroom and 10 two bedroom. The maximum height on the Marolt side is reduced to 42
feet. It is a three foot height reduction. The height on the rear corner is restrained due to the slope. 34
parking units are required. Floor area is also impacted to 19,000 square feet.
Council raised questions about the trail last meeting. The applicant is working with open space and trails
to coordinate. The preferred trail alignment has not been determined and is not likely before March 2018.
An eastern trail alignment could be accommodated within the existing right of way. They would like to
reserve some flexibility with the site plan to provide additional screening. It could be provided by design
solutions or vegetative buffers within the right of way. It does have the potential to impact some of the
required parking.
The proposed materials are a spectrum of siding and roofing materials with stucco. It will be a neutral
pallet to better blend in with natural features. She showed images of both options.
Overall staff is supportive of the housing project and land reviews. The AACP provides an outline for the
major project process and to consider benefits of the projects. The AACP is guiding not regulatory. We
recognize the benefits of affordable housing to the community and believe the benefit and scale of the
project be weighed against each other. The removal of the fourth story represents a loss of 4 units and 7
FTEs and only a reduction in 3 feet of height. Staff can support either option. There are additional
considerations about the trail being accommodated with the project. The applicant would like some
flexibility with the trail and asked for a minimum requirement with option B. Staff supports and
recommends approval of the parking solutions as each option meets the land use code requirements.
Mayor Skadron asked when you say you can support either, A increases the density and a decrease of
FTE subsidy. Decreased density results in an increase. We do take the economics seriously. I
understand your recommendation on a land use side. Jason Bradshaw, representing the applicant, said
what we showed you in the work sessions is a range of subsidy of 9 million on the low end up to 17 based
on the tax credit. On the 28 unit scenario, the subsidy per FTE for 9 million would be 97,000 per FTE up
to 183,000. For 24 units it is 104,000 per FTE on the low end and 198,000 on the high.
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Councilman Hauenstein said that does not factor in the land costs. Mr. Bradshaw replied correct. This is
for all 3 projects.
Councilman Hauenstein asked is there any reason why these can’t be separated. Mr. Bradshaw replied
you could. The factors to weigh are soft costs to close one transaction would be paid twice. 800,000 to 1
million. There could be some issues with the competitive award. You would mobilize construction twice
and that is less efficient. There are more tax credit projects that are popping up in the valley and local
communities you would be in competition with. Mr. Crook said there is a work session scheduled on
January 9th to discuss the tax credit applications. Tonight is the land use application. Mr. Bradshaw said
in terms of the tax credit application we have to turn in a letter of intent on January 2nd stating our
intention. The full application is due February 8th.
Councilman Myrin said page 672 has a table and the allowable FAR is 24,000 and max is 19,600. Ms.
Seminick replied there is a difference between the two projects. The larger figure is the 4 story and
smaller is the 3. Councilman Myrin said if we approved the smaller it would de 19,600. Ms. Seminick
replied correct.
Mayor Skadron opened the public comment.
1. Joe Wells reminded council the four story proposal violates the height limit of every zone district
that has a stated height limit. Staff presented the 4.3 acre site plan and I raised an issue in March
that I identified a 10.1 acre gift parcel that was part of the transaction of the Marolt transfer. I
was not sure where the 10.1 acre parcel was. Engineers have identified where the parcel is. The
existing affordable housing encroaches into the gift parcel as does the existing parking lot. There
is still around 7 acres of gift parcel that is undeveloped. My reading is it was a gift and not
encumbered by open space funds. He is suggesting an alternative location or to shift some of the
parking.
1. Erik Skarvan stated he supports the project. It is a rare opportunity. Housing has been a stated
goal for a long time. It was recently reported we are housing less than 50 percent of our
workforce. It is important for the community and resort. We are talking about 3 feet for 7
people. It is located on the edge of town of a low lying bench right across the street from the
massive hospital.
Mayor Skadron closed the public comment.
Mayor Skadron asked for a comment on the RMF zone and the sliding scale of height as it relates to
density. Ms. Seminick stated RMF optimizes density and floor area and incentivizes it as you go up in
density. As you reduce density you get lower heights and floor areas. Ms. Garrow said public, ski base
and AH are three zones where there are not a prescribed height or floor area limitation. That is why we
used RMF as a guidepost. At this point after the changes during the moratorium there are two zones with
a stated height of 40, L and C. RMF tops out at 32 feet. R6 and R15 single family homes are 25.
Mayor Skadron said we are not creating a variance or violating the rules. Ms. Garrow said height and
floor area are established through this process. There are other buildings in this area that exceed the
height.
Mayor Skadron said the gift parcel, is there new information. Ms. Garrow said there is a land use
application in front of you. Mayor Skadron asked is there viability in shifting some of the density or
parking to lead us to deny this application and reconsider. Ms. Garrow replied each proposal has parking
on the Marolt site. Mr. Crook said no Council has directed me to build affordable housing on open space.
Mr. True said he has not done an exhaustive search. The 10 acre parcel was a gift. There were no
specific conditions. The owners said they would prefer open space or cultural uses but there is no
condition. It is more complicated than that.
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Councilman Frisch asked are you looking at a zero sum gain to go on that triangle. If that is the case
there’s a better place for it. Some would argue there is the possibility of some units at where it’s been
pitched. At some point down the road the other space may be able to handle some other square footage.
Councilman Hauenstein said he is a huge supporter of work force housing. He did speak in favor of
option A but we are also looking at a structure that will be there the rest of our lives. It is my
responsibility to get the best possible result. He thinks there is an opportunity on the gift parcel. There is
seasonal housing on it. He said he walked the site again yesterday and believes you could get rid of the
4th floor units and have enough parking on the Marolt property north of the seasonal housing. It would be
a better place to land the 28 units.
Mayor Skadron said the application before us is a vote on the 24 or 28 units.
Councilwoman Mullins said the town hall meeting on housing brought up affordable housing versus
workforce housing. I’m more in the realm of affordable housing, creating community versus maximizing
the amount of units on every lot. One of the most important things is to match it to the context. Option B
matches more closely to the surrounding neighborhood. The 4th story is very significant. It is difficult to
set a precedent with the 4 story height. If we approve one of these two versions tonight we have a range
of subsidy. The lesser amount is more probable the sooner we get the application in. It is a mistake to
not approve this based on a probable other location option.
Councilman Hauenstein said to Mike’s point if you were to include the land cost in the subsidy the
overall subsidy would be far greater on the Marolt lot.
Councilman Frisch said he’s ready to vote. I’m hoping we can find one option.
Councilman Myrin moved to approve Option A; seconded by Councilman Hauenstein. Roll call vote.
Councilmembers Mullins, no; Hauenstein, yes; Myrin, no; Frisch, no; Mayor Skadron, yes. Motion
failed.
Councilwoman Mullins moved to adopt Option B.
Councilman Myrin said he did email Staff the emails he received from Joe and others. At the first reading
on the 13th I said I would support moving the 4 units on the top floor. For parking, staff has made clear
what is not accomplished on site would be off site. He would have like to have separated this application
from the other two. He is concerned if this is challenged then we potentially lose all three. If this gets
caught up in litigation we have the risk of losing all three.
Mr. True said there are two issues. This is land use. The decision of the tax credits will be discussed
January 9th. The application has to be done February 2nd. That is a septate discussion then if you want to
approve this at this point. Litigation would have to be filled in the next 28 days. He suggest you not
confuse the issues. If you want to make a decision as the owner to moving the location then that is a
septate discussion.
Councilman Frisch said there is a possibility of option A or B approved, if there is still a discussion on
how to package the three projects for this. There has always been some concern that pushback would be
on this one. Mr. True replied that’s accurate. Councilman Myrin said if we push too hard on mass we are
more likely to lose all three. Councilman Hauenstein asked if litigation were to follow any of these what
is the likelihood it would delay the other two. Mr. True replied it all comes down to the master
development agreement and the ability to go forward with one not being part of the project. There are
outs within the development agreement where the city or developer could exercise those options. The
agreement with the developer on the other two can move forward. Mr. Crook said in terms of process
there is some conversation to be had with the development team.
Councilman Myrin said on the density at the county line, I’m supporting but felt strongly against the
density of the 4 Seasons. On the Main Street housing I wanted to have two more units and we ended up
with a tree instead. He will support this tonight with the provision he has no understanding of the cost.
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He questioned the reserves when we get the units back. He has no comfort in the cost to the city when we
get them back.
Councilman Hauenstein asked if you were assured that 488 if litigated would not hold up the other two,
would you support the 4th floor units. Councilman Myrin said he is opposed to the 4th floor units entirely.
The mass and scale are out of character with the county line.
Mayor Skadron said he will not support a reduction of four units. It is an inefficient use of a limited
resource. It is an absolute mistake to not do this.
Seconded by Councilman Myrin. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Hauenstein,
no; Mullins, yes; Mayor Skadron, no. Motion carried.
EXECUTIVE SESSION
Mr. True stated staff recommends Council go in to executive session pursuant to C.R.S. 24-6-402(4)(a) –
purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b) –
conference with an attorney for the local public body for the purpose of receiving legal advice; (e) –
determining positions relative to matters that may be subject to negotiation.
Councilwoman Mullins moved to go in to executive session at 7:45 p.m.; seconded by Councilman
Frisch. All in favor, motion carried. At 9:15 p.m. Councilman Frisch moved to come out of executive
session; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins
moved to adjourn the regular meeting; seconded by Councilman Frisch. All in favor, motion carried.
Linda Manning
City Clerk
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MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Jennifer Phelan, Deputy Planning Director
THRU: Jessica Garrow, Community Development Director
RE: 500 W. Hopkins (Boomerang Lodge) – Planned Development Amendment – Minor
Amendment to a Project Review
Second Reading of Ordinance No. 21 (Series 2017) – Public Hearing
MEETING
DATE: December 18, 2017
Since the continuation of the hearing in November, Staff has met with the representative for the
Applicant and discussed potential changes that the Applicant has been considering, both in massing
and programming. The initial, conceptual ideas are discussed in Exhibit L and include reducing the
overall height of the project by a story and “an increase in single traditional-style lodge units.”
However, the Applicant has recognized that the proposed ideas are very schematic in nature and
additional work is needed to provide information and graphics that the Council needs to evaluate the
changes. This work is being undertaken but has not been completed. The Applicant is requesting a
continuation of the hearing on this application to January 22nd so that the changes can be considered by
Council.
RECOMMENDATION: Staff recommends that the Council continue the application to a future date
certain. This will allow the Applicant to make changes to the project to a design level that will allow
Council to evaluate the proposal; however, Staff recommends that no additional continuances be
permitted beyond January.
RECOMMENDED MOTION:
“I move to continue Ordinance No. 21, Series of 2017 to January 22nd.”
CITY MANAGER
COMMENTS:________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
ATTACHMENTS: (ONLY BOLDED EXHIBITS ARE INCLUDED)
Exhibit A: PD Review Criteria
Exhibit B: Growth Management Review Criteria
Exhibit C: Ordinance No. 26 (Series of 2006)
Exhibit D: Recorded Plans and Elevations
Exhibit E: Application
Exhibit F: Public Comment
Exhibit G: Site Plan
Exhibit H: Updated Architecturals
Exhibit H: Public Comment
Exhibit I: Public Comment
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500 W. Hopkins (Boomerang Lodge)
PD Amendment
September 11, 2017
Page 2 of 2
Exhibit J: Request for Continuation, 9.27.17
Exhibit K: Request for Continuation, 11.3.17
Exhibit L: Request for Continuation, 12.7.17
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
December 7, 2017
Ms. Jennifer Phelan, AICP
Deputy Planning Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Boomerang Lodge – Request for Continuation
Ms. Phelan:
Please accept this request to continue the public hearing for the Boomerang Lodge project. The
applicant continues to explore program and design changes in response to staff, City Council and
neighbor comments. We expect to submit a complete revision to the project in the next few
weeks.
We are pursuing a significant decrease in the scope of the project including removal of one floor
of the project, an increase in single traditional-style lodge units, and a significant reduction in
overall building size. Our current application is comprised of 23 units averaging 977 square feet.
Contemplated revisions call for 21 units averaging 795 square feet. Key count would be reduced
from 47 to 35 and one free-market residential unit would be eliminated.
Please understand that the exact program remains fluid as refinements of the architecture
continue. More time is needed to fully understand if these changes will result in a viable project
and to prepare and submit amendments to the pending application.
Respectfully, we request the hearing be continued to January 22, 2018. We look forward to
reviewing modifications with you and City Council.
Kind Regards,
Chris Bendon, AICP
BendonAdams LLC
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IX.a
330 E. Main St. / Temporary Use
City Council Hearing – December 18, 2017
Page 1 of 5
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Garrett Larimer, Planner Technician
THRU: Jessica Garrow, Community Development Director
RE: Temporary Use Request – Hotel Jerome, 330 E. Main St., Resolution
No. 173, Series of 2017
MEETING DATE: December 18, 2017
APPLICANT: Iconic Properties – Jerome
L.L.C., 1375 Enclave Pkwy, Houston,
TX 77077
REPRESENTATIVE: Sunny Vann, Vann
Associates, LLC, PO Box 4827, Basalt,
CO 81621
LOCATION: 330 E. Main Street
CURRENT ZONING: Commercial Core
(CC) with a PD Overlay
SUMMARY: The applicant is seeking
temporary use approval for special event
tent structures to be erected on two
locations on the Hotel Jerome property,
the Main Street courtyard and the Mill
Street terrace. The applicant is
requesting approval of a total of
seventy-four (74) days throughout the
calendar year. In addition to the seventy-
four (74) days for the temporary use
tents, the applicant is also seeking
approval for an “Ice Lounge” to be set
up through April 1st, 2018 in the Mill
Street terrace.
STAFF RECOMMENDATION: Staff is recommending
the City Council approve the applicant’s request for
a seventy-four (74) day temporary use approval and
use of the Mill Street terrace for the “Ice Lounge”
through April 1st, 2018. Staff recommends approval
based on the location of the proposed tents, the
limited impact on the surrounding area, and the
Hotel Jerome hosting special events being consistent
with the allowed and expected uses of a lodge. Staff
also recommends Council grant five (5) annual
recurrences for the tent structures in the Main Street
courtyard and Mill Street Terrace.
Current Image of the Hotel Jerome
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330 E. Main St. / Temporary Use
City Council Hearing – December 18, 2017
Page 2 of 5
REQUEST OF CITY COUNCIL: The applicant is requesting Temporary Use approval related to
various temporary structures in accordance with Chapter 26.450, Temporary Uses, of the Land
Use Code for a period of seventy-four (74) days. The Code allows City Council to grant
temporary use approval for up to 180 consecutive days within a calendar year. The applicant is
also requesting City Council grant five (5) annual recurrences, starting January 2018 through
December 2022. City Council is the final review authority.
LOCATION/BACKGROUND: The Hotel Jerome is located in the Commercial Core (CC) zone
district. The Hotel occupies a 47,735-square foot lot and includes a Planned Development
Overlay. In 2006, the Hotel Jerome went through a PUD review for an extensive renovation of
the Hotel to enlarge the net leasable commercial area and reconfigure the courtyards. In 2008, an
office space was converted into a lodge room. In 2011, an insubstantial amendment was
approved for interior reconfigurations. More recently, in 2016, the Hotel Jerome received
approval to combine the Hotel Aspen and Hotel Jerome lots, partially vacate the alley, partially
demolish and redevelop the existing Aspen Times building, redevelop the Main Street courtyard
and perform internal reconfigurations in the main building of the Hotel Jerome. This approval
added 3 lodge rooms, 9 keys, and 9 bedrooms.
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330 E. Main St. / Temporary Use
City Council Hearing – December 18, 2017
Page 3 of 5
CURRENT REQUEST: The applicant has two separate requests, which are each detailed below.
Tents:
The applicant is requesting temporary use approval for the use of special event tents for a total of
seventy-four (74) days in 2018. The applicant is anticipating the use of these special event tents
for a total of fifty-four (54) days in the Main Street courtyard (Figures 1 & 2), and for a total of
twenty (20) days in the Mill Street terrace. Both tent areas are subject to growth management
review and provisions of Affordable Housing mitigation.
The applicant has also requested City Council approve annual recurrences for the temporary use
structures. The applicant has requested five (5) annual recurrences. Staff is recommending
Council approve recurrences of five (5) years (through December 2022), with the ability to apply
for administrative approval by the Community Development Director for an additional five (5)
years (through December 2027). This would allow for check-ins on design, visual impact, and
current regulations.
Mill Street Terrace
Main Street Courtyard
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330 E. Main St. / Temporary Use
City Council Hearing – December 18, 2017
Page 4 of 5
Figure 1 & 2
Ice Lounge:
In addition to the special event tents, the applicant is requesting approval for use of an Ice
Lounge on the Mill Street terrace (See Figure 3). The request for the Ice Lounge is not factored
into the seventy-four day request for special event tents, and has been separated from the
previous request for clarity. The applicant is requesting use of the Ice Lounge from December
21st through April 1st, 2018 (101 days), and no annual recurrences are requested for this structure.
The affordable housing mitigation calculation is included in the mitigation calculations show in
Exhibit B. A tent permit will be required for this structure, and mitigation for the Ice Lounge will
be collected upon issuance of that permit.
Figure 3
STAFF FINDINGS: Staff has reviewed the applicant’s request against the relevant review criteria
and finds the following:
The proposed temporary use structures at the Hotel Jerome are consistent with what one would
expect to see at a Lodge. The intent of the Commercial Core zone district is to provide
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330 E. Main St. / Temporary Use
City Council Hearing – December 18, 2017
Page 5 of 5
commercial services and amenities that enhances Aspen’s resort based economy. The proposed
tents would further enhance the Hotel Jerome’s ability to provide services to their guests.
The proposed location of the tents would have a minimal impact on the surrounding area. The
Main Street courtyard is the primary location special event tents will be used, which is
surrounded on three sides by the Hotel Jerome and Aspen Times buildings, and is only visible
from the Main Street. The Mill Street terrace, would have a limited visual impact as seen from
Mill St as it is surrounded on three side by the Hotel Jerome building, and slightly raised from
the grade of the sidewalk along Mill Street, and set back from the façade of the building of the
Hotel Jerome along Mill St. The materials and designs presented are consistent with other tent
structures used for special events in the area. Given the limited visual impact as seen from the
surrounding area, staff finds the materials used to be consistent with the Design Guidelines.
The Ice Lounge is subject all applicable review criteria for Temporary and Seasonal Uses,
Growth Management Quota System, and Commercial Design Guidelines. The Ice Lounge is
approximately twelve (12) feet by twelve (12) feet, and the ice walls are about seven (7) feet tall.
An image of a similar structure provided by the applicant shows a white cloth canopy, which is
similar in appearance to other special event structures that have been approved in other locations
in town (See Figure 3). Staff has determined the limited size of the structure and the proposed
materials comply with the applicable review criteria.
Growth Management: The applicant has requested approval for seventy-four (74) days per
year. The largest Main Street courtyard tent measures approximately 1,800 sq. ft. and would be
used for fifty-four (54) days, requiring $4,491.83 in mitigation. The Mill Street terrace measures
approximately 800 sq. ft. and would be used for twenty (20) days, requiring $996.39 in
mitigation. The Ice Lounge would be located on the Mill Street terrace and would measure
approximately 144 sq. ft., requiring $901.21 in mitigation for the 101 days of use. The total
mitigation for the seventy-four (74) days for tent structures and the Ice Lounge is $6,648.19.
Affordable Housing mitigation fees will be calculated, and must be paid when the first tent
permit is pulled each year.
STAFF RECOMMENDATION: Staff recommends approval of the applicant’s temporary use
request, finding that the request does meet the review criteria. Staff recommends a five (5) year
reoccurrence for the tent structures, which would allow a check in related to design and visual
impacts.
PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): “I move to approve Resolution #173
Series of 2017 to allow the erection of various tents on site at 330 E. Main St. for 74 days in each
calendar year from 2018-2022 and the erection of an Ice Lounge on the Mill Street terrace from
December 21st, 2017 through April 1st, 2018.”
Attachments:
Exhibit A – Staff Findings
Exhibit B – Affordable Housing Mitigation
Exhibit C – Application
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IX.b
1
RESOLUTION NO. 173
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE OF TENT STRUCTURES AT 330 E. MAIN STREET, LEGALLY
DESCRIBED AS LOTS A - I AND LOTS O – S, AND THE EASTERLY 20 FEET OF
LOT N AND THE EASTERLY 170 FEET OF THE VACATED ALLEY ALL IN BLOCK
79, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273707321004
WHEREAS, the Community Development Department received an application from
Sunny Vann of Vann Associates, LLC, on behalf of Iconic Properties – Jerome, L.L.C.,
requesting Temporary Use approval to erect various temporary use structures on site from
December 1, 2017 through November 30, 2018; and
WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may
grant a temporary use approval for up to 180 days, and no more than ten (10) annual recurrences;
and
WHEREAS, the City Council reviewed the application and considered the Temporary
Use proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, and has
taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the City Council approves the tent structures in the Main Street courtyard and
Mill Street terrace, allowing for temporary use for seventy-four (74) days; and,
WHEREAS, the City Council finds that the request for the extended temporary use
proposal for special event tents to be in accordance with the applicable development standards
associated with the request, and has approved it for five (5) annual recurrences.
WHEREAS, the City Council grants approval for use of the Ice Lounge through April
1st, 2018 with no annual recurrences thereafter; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves a Temporary Use request to allow the erection of
tents on the subject site, in the Main Street Courtyard and Mill Street terrace, for seventy-four
(74) days in each calendar year for five (5) years, from January 2018 through December 2022.
After five (5) years, the applicant may submit an application to be reviewed administratively for
an additional five (5) annual recurrences (2023-2027). Use of the Ice Lounge in the Mill Street
terrace is approved through April 1st, 2018, with no annual recurrences.
Section 2:
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Temporary structures that are approved on a site for a period greater than fourteen (14) days are
subject to growth management review, resulting in affordable housing mitigation. The
applicant is required to provide housing mitigation for sixty (60) days for the tent structures and
one-hundred-and-one (101) days for the Ice Lounge, for a total of one-hundred-and-sixty-one
(161) days. Staff has calculated the amount of affordable housing due, based on the fees in
2017, as $6,387.94. Affordable Housing mitigation fees will be calculated at the current rate
each year. Fees must be paid upon issuance of the first tent permit in each calendar year. The
methodology is shown in Exhibit A.
Section 3:
A tent permit approval, including verification from the Aspen Fire Department that the structure
meets all necessary safety requirements, is required prior to the erection of each temporary
structure.
Section 4:
All material representations and commitments made by the Applicant pursuant to the
temporary use proposal as herein awarded, whether in public hearing or documentation presented
before the City Council, are hereby incorporated in such plan development approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 5:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the City Council of the City of Aspen on this 18th day of December 2017.
Steven Skadron, Mayor
Attest:
Linda Manning, City Clerk
Approved as to form:
James R. True, City Attorney
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Attachments:
Exhibit A – Affordable Housing Mitigation Methodology
Exhibit A
Affordable Housing Mitigation Requirements
Methodology:
Main Street Courtyard
· 1,800 sq. ft./ 1,000 sq. ft. = 1.8 sq. ft.
· 1.8 sq. ft. x 4.7 FTEs = 8.46 FTEs
· 8.46 FTEs x 65% mitigation rate = 5.499 FTEs to be mitigated if structures are in use
100% of the year
· 5.499 FTEs / 365 days per year = .0151 daily rate
· .0151 x 40 days = .60264 FTEs
· .604 x $223,072 cash-in-lieu rate = $134,735.49
· $134,735.49/30-year lifespan = $4,491.83 due for mitigation of the structure for a period
of 40 days.
Mill Street Terrace:
· 800 sq. ft. / 1,000 sq. ft. = .8 sq. ft.
· .8 sq. ft. x 4.7 FTEs = 3.76 FTEs
· 3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use for
100% of the year.
· 2.444 FTEs / 365 days per year = .0067 daily rate
· .0067 x 20 days = .134 FTEs
· .134 x $223,072 cash-in-lieu rate = $29,891.65
· $29,891.65 / 30-year lifespan = $996.39 due for mitigation of the structure for a period of
20 days.
Mill Street Terrace Ice Lounge:
· 144 sq. ft. / 1,000 sq. ft. = .144 sq. ft.
· .144 sq. ft. x 4.7 FTEs = .6768 FTEs
· .6768 FTEs x 65% mitigation rate = .44 FTEs to be mitigated if structures are in use for
100% of the year.
· .44 FTEs / 365 days per year = .0012 daily rate
· .0012 x 101 days = .121 FTEs
· .121 x $223,072 cash-in-lieu rate = $27,036.33
· $27,036.33 / 30-year lifespan = $901.21 due for mitigation of the structure for a period of
20 days.
Totals:
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Exhibit A
Staff Findings
Section 26.450.030. Criteria applicable to all temporary uses.
When considering a development application for a temporary use or an insubstantial temporary
use, the Communit y Development Director or City Council shall consider, among other pertinent
factors, the following criteria as they or an y of them, relate thereto:
A. The location, size, design, operating characteristics and visual impacts of the proposed
use.
Staff Response: The applicant is proposing to use tents for various special events throughout
the year in the Mill St. Terrace and Main St Courtyard. Although there will be different sized
tents used depending on the specific event, the applicant is requesting approval for use of the
largest of the possible tents, so in the case a smaller tent is used, the impact will be less rather
than more significant than approved. The largest tent to be used in the Main St. Courtyard
would be thirty (30) feet by sixty (60) feet, or approximately 1,800 sq. ft. The largest tent to be
used in the Mill St Terrace would be twenty (20) by forty (40) feet, or approximately 800 sq.
ft.
In addition to the more traditional special event tent structures to be used in the Mill St
Terrace, an Ice L ounge will be erected and used through April 30th, 2017, weather permitting .
The ice lounge will be approximately twelve (12) feet by twelve (12) feet, or approximately 144
sq. ft. The lounge will have approximately seven (7) foot tall walls , made of ice blocks, on four
sides with an opening on one side to access the lounge. The walls will be covered by a canopy
to shield the ice and guests from wea ther. The ice lounge will be used for vodka tasting and
will not contain a bar or general seating.
The special event tents in the Mill St terrace will be similar to traditional special event tents
used at other locations and events through town. The visua l impact of the largest proposed
tent in the Mill Street Terrace will be limited. The terrace is surrounded on three sides by the
Hotel Jerome building, with only a r oughly twenty (20) foot section of the terrace visible from
the street. The terrace is above the grade of the side walk, behind railings, and set back from
the front most façade of the building facing Mill St. The Main St courtyard tents will be larger
and have a more significant visual impact on the surrounding area. The larg est tent would
have a thirty (30) foot section visible from the street. The courtyard is surrounded on three
side by the Hotel Jerome buildings, but the courtyard is level with the grade of the sidewalk
along Main St., and would be visible to pedestrian an d vehicular traffic in a high traffic area
of town. That being said, the proposed tent structures are consistent with what one might
expect to see at a lodge. Staff finds this criterion to be met.
B. The compatibility of the proposed temporar y use with the character, density and use of
structures and uses in the immediate vicinity.
Staff Response: The proposed special event tents are consistent with one would expect to see at
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a lodge in the Commercial Core. The locations of the proposed tents have a relatively limited
impact on the surrounding area because each of the courtyards are surrounded on th ree sides
by the Hotel. Staff finds this criterion to be met.
C. The impacts of the proposed temporar y use on pedestrian and vehicular traffic and traffic
patterns, municipal services, noise levels and neighborhood character.
Staff Response: The proposed structure would not disrupt pedestrian or vehicular traffic. The
applicant has indica ted they are aware of the City noise o rdinance and will comply with all
regulations. There would be no increase on the demands of municipal services. Loading and
unloading will take place on Bleeker Street, and will have a limi ted impact on traffic on Mill
Street or Main Street. Staff finds this criterion to be met.
D. The duration of the proposed temporary use and whether a temporar y use has previously
been approved for the structure, parcel, propert y or location as proposed in the application.
Staff Response: The Hotel Jerome has received permits for special event structures in the past.
The applicant has requested the use of special event structures on site for a total of thirty-seven
(37) events, totaling seventy-four (74) days. The seventy-four (74) days includes set up and take
down. The applicant has indicated the number of event-days anticipated to be used in the Main
Street courtyard at twenty-seven (27), and ten (10) event-days in the Mill St terrace. The thirty-
seven events, or seventy-four days in which tents will be used does not include the Ice Lounge.
The applicant is requesting to use the Ice Lounge through April 30th, 2018, weather permitting.
Staff finds this criterion to be met.
E. The purposes and intent of the zone district in which the temporary use is proposed.
Staff Response: The purpose of the Commercial Core zone district is to serve as the highest
intensity commercial area in Aspen, and is geared to support the visitor based economy. The mix
of uses in this district include economic, cultural and social vitality. The temporary use would
enhance the Hotel Jerome’s ability to provide services to locals and visitors alike. Staff finds this
criterion to be met.
F. The relation of the temporary use to conditions and character changes which may have
occurred in the area and zone district in which the use is proposed.
Staff Response: The Hotel Jerome has received permission to erect special event tents on site in
the past. Granting approval for the Hotel to continue to host events that may require the use of
special event tents would further the Hotel Jerome’s ability to accommodate guests and events
throughout the year. Staff finds this criterion to be met.
G. How the proposed temporar y use will enhance or diminish the general public health,
safet y or welfare.
Staff Response: The proposed use would help to enhance the Hotel Jerome’s ability to
accommodate guest and events throughout the year, and would enhance the general welfare of
the public. Staff finds this criterion to be met.
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Growth Management Quota System
26.470.040.7 Temporary uses and structures. The development of a temporary use or structure
shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary
and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this
Chapter if compliant with the applicable sections of Commercial Design Review – Chapter 26.412,
and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks,
and similar temporary or seasonal enclosures located on commercial properties and supporting
commercial uses shall only be exempt from the provision of this Chapter, including affordable
housing mitigation requirements, if compliant with the applicable sections of Commercial Design
Review – Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and
approved pursuant to Chapter 26.450 – Temporary and Seasonal Uses. Erection of these enclosures
for longer than 7 consecutive days in a 12-month period shall require compliance with the
Commercial Design Review – Chapter 26.412, and compliance with the provisions of this Chapter
including affordable housing mitigation.
Staff Response: The applicant is requesting a seventy-four (74) day temporary use approval for
tents and one-hundred-and-one (101) days for an Ice Lounge, requiring compliance with
Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated
the appropriate affordable housing mitigation to be $6,387.94. The calculation may be found in
Exhibit B, to follow. Mitigation fees would be due at the time the first tent permit is issued in each
year of approval.
26.412.060. Commercial Design Review Criteria.
An application for commercial design review may be approved, approved with conditions or
denied based on conformance with the following criteria:
A. Guidelines and Standards
1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met
as determined by the appropriate Commission. The Standards and Guidelines include
design review criteria that are to be used to determine whether the application is
appropriate.
Staff Response: Temporary Use applications do not require review by Planning and Zoning or
Historic Preservation. The application is considered by City Council and a determination on the
appropriateness of the application. The review criteria for the Commercial Design Review is
below. Staff finds this to be not applicable.
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2. All applicable standards in the Commercial, Lodging and Historic District Design Standards
and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040.D,
Variations.
Staff Response: All standards and applicable Guidelines have been met. Staff finds this criterion
to be met.
3. Not every guideline will apply to each project, and some balancing of the guidelines must
occur on a case-by-case basis. The applicable Commission must:
a. determine that a sufficient number of the relevant guidelines are adequately met in
order to approve a project proposal;
Staff Response: Application not subject to review by commission. City Council to provide
direction.
b. weigh the applicable guidelines with the practicality of the measure.
Staff Response: Subject to direction from City Council.
Commercial Design Guidelines:
General
1.22 Complete and accurate identification of materials is required.
Staff Response: The applicant provided images of typical tents that indicate materials. The
materials indicated are consistent with tent materials approved for other events in similar
locations. The ice lounge is made of unique materials, but is not a significant variation from the
appearance of other approved tent structures in town. Staff finds this criterion to be met.
Commercial Core
2.4 Respect adjacent iconic historic structures.
Staff Response: The Main Street courtyard is surrounded by the Historic Hotel Jerome and
Aspen Times buildings. The proposed tent would not detract from the historic landmarks, and
would enhance the image of the Hotel Jerome as a staple for lodging and guest services
downtown. Staff finds this criterion to be met.
2.14 Architectural details should reinforce historic context and meet at least two of the following
qualities: color or finish traditionally found downtown, texture to create visual interest, traditional
material, traditional application.
Staff Response: The materials proposed for the temporary use structures is consistent with
materials approved at for other special event structures throughout town, and special event
structures are consistent with lodge uses in the past. Staff finds this criterion to be met.
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Pedestrian Amenity
Street Level
PA1.5 Street level pedestrian amenity areas shall be open to the sky.
Staff Response: The Main Street courtyard is currently under renovations and the courtyard was
designed using current Pedestrian Amenity requirements. Although not all potential tent
structures have been indicated, the primary tent structure is made of clear plastic material that
provides a view of the sky (See Exhibit 9 in the application). Similar structures are proposed for
the Mill Street terrace tents, although some tents may be covered structures. When the Ice
Lounge is in use, it will not occupy the entire Mill Street terrace area and the remaining area will
remain open to the sky. When the Ice Lounge is in place, there will also be additional pedestrian
amenity space on site available to the public. Staff finds this criterion to be met.
PA 1.7 Design amenity space that enhances the pedestrian experience and faces the street.
Staff Response: The Main Street courtyard will have pedestrian amenity space that is not covered
by the tent, adjacent to the sidewalk on Main Street. The tent will be set back from the property
line and will not consume the entire pedestrian amenity space, still providing a space that
contributes to the pedestrian experience. The Mill Street proposed tents will cover a more
significant portion of the total pedestrian amenity space, but is less visible and impactful to the
pedestrian experience and overall appearance of the Hotel Jerome and Aspen Times property.
Staff finds this criterion to be met.
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Exhibit B
Growth Management Affordable Housing Calculation
Section 26.470.090(I) Temporary uses and Structures. The development of a temporary use or
structure shall be exempt from growth management, subject to the provisions of Chapter 26.450,
Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the
provisions of this Chapter if compliant with applicable sections of Commercial Design Review –
Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents,
external airlocks, and similar temporary or seasonal enclosures located on commercial properties
and supporting commercial use shall only be exempt from the provisions of this Chapter,
including affordable housing mitigation requirements, if compliant with applicable sections of
Commercial Design Review – Chapter 26.412, if erected for 14 days or less in a 12-month
period, and approved pursuant to Chapter 26.450 – Temporary and Seasonal Uses. Erection of
these enclosures for longer than 14 days in a 12-month period shall require compliance with
Commercial Design Review – Chapter 26.412, and compliance with the provisions of this
Chapter including affordable housing mitigation. Affordable housing mitigation shall be required
only for the days in excess of 14 in a 12-month period. Cash-in-lieu may be paid by-right. The
mitigation calculation shall include the expected lifespan of a building, which is currently 30
years. For instance, a 500-sq. ft. tent proposed to be up for 21 days shall only require mitigation
for seven (7) days. The calculation would be as follows:
Staff Response: The methodology used in calculating the required Affordable housing
mitigation for the temporary use application combined all locations and tent sizes. The
fourteen-day credit was applied to the Main Street Courtyard. Fifty-four (54) days are
requested for the Main Street Courtyard, which results in a total of forty (54-14=40) days and
1,800 sq. ft. used to calculate the affordable housing mitigation required for this tent. The Mill
Street terrace is to be used for a total of twenty (20) days, and is approximately 800 sq. ft., and
the Ice Lounge is 144 sq. ft. and will be in use for one hundred and thirty (101) days. The
mitigation for each structure will be combined and payment of fees will be due at issuance of
the first tent permit each year. If Council grants annual recurrences, the affordable housing
mitigation fees will be calculated using that year’s applicable fees.
Methodology:
Main Street Courtyard
• 1,800 sq. ft./ 1,000 sq. ft. = 1.8 sq. ft.
• 1.8 sq. ft. x 4.7 FTEs = 8.46 FTEs
• 8.46 FTEs x 65% mitigation rate = 5.499 FTEs to be mitigated if structures are in use
100% of the year
• 5.499 FTEs / 365 days per year = .0151 daily rate
• .0151 x (54-14) days = .60264 FTEs
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• .604 x $223,072 cash-in-lieu rate = $134,735.49
• $134,735.49/30-year lifespan = $4,491.83 due for mitigation of the structure for a period
of 40 days.
Mill Street Terrace:
• 800 sq. ft. / 1,000 sq. ft. = .8 sq. ft.
• .8 sq. ft. x 4.7 FTEs = 3.76 FTEs
• 3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use for
100% of the year.
• 2.444 FTEs / 365 days per year = .0067 daily rate
• .0067 x 20 days = .134 FTEs
• .134 x $223,072 cash-in-lieu rate = $29,891.65
• $29,891.65 / 30-year lifespan = $996.39 due for mitigation of the structure for a period of
20 days.
Mill Street Terrace Ice Lounge:
• 144 sq. ft. / 1,000 sq. ft. = .144 sq. ft.
• .144 sq. ft. x 4.7 FTEs = .6768 FTEs
• .6768 FTEs x 65% mitigation rate = .44 FTEs to be mitigated if structures are in use for
100% of the year.
• .44 FTEs / 365 days per year = .0012 daily rate
• .0012 x 101 days = .121 FTEs
• .121 x $223,072 cash-in-lieu rate = $26,991.71
• $26991.71 / 30-year lifespan = $899.72 due for mitigation of the structure for a period of
20 days.
Totals:
Main Street Courtyard $ 4,491.83
Mill Street Terrace $ 996.39
Ice Lounge $ 899.72
TOTAL DUE $ 6,387.94
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P166IX.b
Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 1 of 7
MEMORANDUM
TO: City of Aspen’s Mayor and Council
FROM: Jessica Garrow, Community Development Director
Ben Anderson, Planner
RE: Appeal of Land Use Code Interpretation;
Removing an ADU/Carriage House, 26.520.090.C
MEETING
DATE: December 18, 2017
APPLICANT:
Roy Martayan Revocable Trust
REPRESENTED BY:
Jeffrey Conklin
Karp Neu Hanlon, P.C.
STAFF RECOMMENDATION:
Staff recommends the City Council Affirm the Interpretation, issued by the Community
Development Director on October 9, 2017, confirming a requirement of the extinguishment of
.75 FTE, Category 2 credits or equivalent cash in lieu, for the removal of an ADU established to
mitigate for both units of a duplex.
SUMMARY:
The Land Use Code (LUC) assigns responsibility to the Community Development Director to
provide interpretations of the text and Title of the Code. This is a formal process in which an
applicant requests a written interpretation and, if the applicant for the interpretation or any other
affected entity do not agree with the issued interpretation, affords the right to appeal the decision
to the City Council.
The Applicant is appealing an Interpretation of the Land Use Code (LUC) issued by the
Community Development Director on October 9, 2017. An application for the Interpretation
was was submitted by Jeffrey Conklin on behalf of the Roy Martayan Revocable Trust. The
request for the Interpretation sought to establish the employee housing mitigation required to
remove an ADU that was initially established to mitigate for both units of a duplex. In 2015, the
City amended the LUC to create a path for the ADUs to be removed if mitigations was provided
and a building permit to remove the kitchen was completed. Planning Staff had issued a Pre
Application for the removal of the ADU at 910 E. Cooper stating that the removal of this
particular ADU would require mitigation for both units (.75 FTE, rather than .38 FTE) given the
site specific approval for the ADU. The Interpretation was issued according to procedures
specified by the LUC (Chapter 26.306) and is attached as Exhibit A.
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Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 2 of 7
The Interpretation as issued on October 9th stated:
“ADUs that were established as mitigation for both units of a duplex shall require
mitigation for each individual duplex unit, in order for the one 600 square foot unit to be
removed pursuant to Ordinance No. 35, Series of 2015. Consequently, the mitigation
required is .75 FTE, Category 2 Affordable Housing Credits or equivalent cash-in-lieu, as
established in 26.520.090.C.”
A letter from the Applicant’s representative dated October 19, 2017 serves as Notice of Appeal
of the Interpretation and outlines the Applicant’s concerns with the Interpretation (Exhibit B).
BACKGROUND:
A 1990 Amendment (Ordinance No. 1, Series of 1990; Exhibit C) to the Land Use Code created
new requirements related to the Growth Management Quota System and the development of
single family, duplex and multifamily dwelling units. One of the specific elements of this
amendment created options in qualifying for a Growth Management Exemption when
developing a new duplex. The options included providing a cash-in-lieu payment, or providing
on- or off- site physical housing mitigation. The option relevant to this interpretation is related
to the creation of an Accessory Dwelling Unit (ADU). The code allowed the development of an
ADU of at least 300 square feet to mitigate a single-family residence, or an ADU of double the
size, 600 square feet, to mitigate for both units of a duplex.
The impetus of this 1990 Amendment to the Land Use Code was a strong desire expressed by the
community and City Council to respond to trends within local development that demolished
housing for employees and year–round residents in pursuit of lodging for tourists and the
creation of second homes. The City engaged consultants to show evidence of the direct nexus
between the new development, the expansion of the local workforce, and the need for employee
housing. Through careful market analysis, the new Growth Management section of the code
established a direct link between new development and the costs that would be placed on the
community of housing employees needed to support new development. Cash-in-lieu calculation
and alternative mitigation (such as the development of ADUs) were the subject of extensive
discussions in public hearings with City Council. In the end, very specific mitigation
requirements were placed on different types of new development on the basis of the direct
impact of the development type to growth management related issues – including employee
housing. It was from this process that the mitigation alternatives for duplex development
emerged – including the provision of an ADU that was double the size (600 square feet v. 300
square feet) of an ADU mitigating for a single family residence.
In 2015, (Ordinance No. 35, Series of 2015; Exhibit D), City Council responded to a variety of
issues surrounding both established and new ADUs. The community, particularly property
owners and employee housing advocates, raised concerns that established ADUs were not fully
realizing the desired outcome of occupied employee housing units and in some cases had become
a burden on property owners. In response, Ordinance No. 35 created provisions for the removal
of established ADUs. For voluntary ADUs (meaning that the unit was not required to be rented,
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IX.c
Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 3 of 7
but if it was, the tenant needed to be APCHA qualified), the removal of the ADU required the
extinguishment of a .38 FTE, Category 2 Affordable Housing Credit or an equivalent cash-in-
lieu. Ordinance No. 35 does not speak specifically to ADUs that were established as mitigation
for duplex development.
The two, free-market units of the duplex that included 910 E. Cooper (a part of the
Phillips/Gordon Lot Split) were established by a Subdivision Exemption approved by City
Council in Ordinance No. 45, Series of 1994 (Exhibit E) and defined by a Subdivision
Exemption Agreement recorded on 4/20/95; Reception No. 380695 (Exhibit F). The Subdivision
Agreement provides the following language:
“Affordable housing mitigation shall be provided in connection with the duplex dwelling
unit as follows. In the discretion of the Lot owner, the owner shall do one of the
following:
(i) provide one free-market unit and one resident –occupied unit (with an appropriate
deed restriction) containing a minimum of 1500 square feet;
(ii) provide two free market units, and one accessory dwelling unit containing a minimum
of 600 square feet;
(iii) provide two resident-occupied units, each appropriately deed restricted; or
(iv) pay the applicable affordable housing impact fee.”
At the time of development, the owner chose Option (ii). The ADU to mitigate for each of the
two duplex units was located within the unit at 910 E. Cooper. The ADU is a “voluntary” unit,
meaning that it is not required to be occupied, but if it is, the resident would be required to be
qualified by APCHA.
BASIS FOR INTERPRETATION:
Staff acknowledges that the LUC does not provide specific direction for the removal of ADUs
that were established to mitigate for both units of a duplex. Ideally, the LUC will be as
descriptive as possible in responding to development scenarios that may emerge and will make
all necessary connections to development scenarios in the past. In this case, the Code did not
respond to the small number of ADUs that were created in mitigation for both units of a duplex
(Staff research has identified less than ten (10) ADUs of this nature). In the absence of specific
language in response to these types of ADUs within the LUC, staff looked to guidance from the
following source in drafting the Interpretation:
Ordinance No.1, Series of 1990. This provides the primary basis for the Interpretation.
The Ordinance was very clear in regards to the provision of an ADU for employee
housing mitigation. A single-family residence, if using an ADU to mitigate, was required
to provide a unit that was at least 300 square feet in size. An ADU established to mitigate
for both units of a duplex was required to be at least 600 square feet in size – specifically
double the size required for the single family unit.
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IX.c
Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 4 of 7
Importantly, in the discussion and development (Council meetings of January 29, and
February 12 and 21 of 1990; Collectively Exhibit G) of the mechanisms for mitigating for
a duplex, the minutes from Council meetings show that initially, Ordinance No. 1, Series
of 1990 proposed a separate ADU (minimum size of 300 square feet) for each unit of a
duplex. Concerns regarding density, including parking and other neighborhood impacts,
shifted this option to what it became – a single ADU of double the size (600 square feet).
As a further point in support of the Interpretation, if the owner would have chosen the
alternative to pay cash-in-lieu instead of establishing the ADU, the approximate,
“applicable affordable housing impact fee” for the duplex as a whole, would have been
based on 1.2 FTE. Said another way, the double-sized, 600 square foot ADU was
established as an alternative to a cash-in-lieu payment based on 1.2 FTE – mitigation for
both units of the duplex.
This source establishes the basis for the Interpretation. Staff argues that in the absence of clear
language in the LUC regarding the removal of ADUs related to duplex development, direction
comes from the ordinance under which this ADU was established. Ordinance No. 1, Series of
1990 that set the foundation for the nexus between residential development and employee
generation attempted to create fairness and flexibility in mitigating for employee housing. In
setting the required square footage for a duplex ADU as double that of a single family residence,
the ordinance acknowledged the additional impact of density and intensity for each of the units
of duplex development on employee generation. Staff finds that it is reasonable to apply the
thinking surrounding mitigation for duplex development using an ADU in the Ordinance, to the
code language that exists today regarding the removal of ADU.
STANDARD OF REVIEW:
Section 26.316.030(E) reads as follows:
Standard of review. Unless otherwise specifically stated in this title, the decision-making
body authorized to hear the appeal [City Council] shall decide the appeal based solely
upon the record established by the body from which the appeal is taken [Community
Development Director]. A decision or determination shall not be reversed or modified
unless there is a finding that there was a denial of due process, or the administrative body
has exceeded its jurisdiction or abused its discretion.
The Land Use Code does not define the terms: “a denial of due process”, “exceeded its
jurisdiction,” or “abused its discretion.” Court cases, however, have helped define these terms as
follows and may be used by Council in its deliberation of the appeal:
A denial of due process may be found if some procedural irregularity is determined to have
occurred that affected a significant right of the appellant, or the administrative body otherwise
acted in violation of the appellant’s constitutional or statutory rights. Ad Hoc Executive
Committee of Medical Staff of Memorial Hospital v Runyan, 716 P. 2d 465 (Colo. 1986.)
P170
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Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 5 of 7
A decision may be considered to be an abuse of discretion if the “decision of the administrative
body is so devoid of evidentiary support that it can only be explained as an arbitrary and
capricious exercise of authority.” Ross v Fire and Police Pension Ass’n., 713 P.2d 1304 (Colo.
1986); Marker v Colorado Springs, 336 P.2d 305 (Colo. 1959).
A decision may be considered to be in excess of jurisdiction if the decision being appealed from
“is grounded in a misconstruction or misapplication of the law,” City of Colorado Springs v
Givan, 897 P.2d 753 (Colo. 1995); or, the decision being appealed from was not within the
authority of the administrative body to make. City of Colorado Springs v SecureCare Self
Storage, Inc., 10 P.3d 1244 (Colo. 2000).
STAFF COMMENT:
1) Due Process – The Applicant’s appeal is a response to an Interpretation issued to the
Applicant in regards to a duplex unit at 910 E. Cooper Ave. The original request for
interpretation was submitted through a Land Use Application. The timelines specified by Code
in determining completeness of the application, issuing the Interpretation, and providing public
notice were met. A separate application for appeal was filed in a timely manner consistent with
Code, and the public hearing for the appeal is being held “as soon thereafter as is practical under
the circumstances.” Proper notice of the hearing has been provided to the public and the
Applicant. Assuming the public hearing does not contain any procedural flaws, staff believes
that proper procedural due process has been provided.
In providing an interpretation, the Director relied on the facts presented and the language within
the Land Use Code and previous Ordinances related to Growth Management. The Interpretation
was not arbitrary and provided substantive due process. The appeal does not raise questions of
due process.
2) Discretion – With respect to abuse of the Director’s discretion, the Director did use her
discretion in rendering the interpretation. An appeal raises the question of whether the Director
abused that discretion. The Director is required to interpret specific text of the code to provide
explanation and clarity. In rendering the Interpretation, the Director considered adopted
ordinances and issues of intent in the Land Use Code.
The Appeal of the Interpretation is based in the issue of discretion. The Applicant, in a letter
from Mr. Conklin dated October 19, 2017 (Exhibit B), provides nine (9) statements that
collectively argue that the Interpretation was not “reasonable”.
The Land Use Code does not predict every type of circumstance. Staff considers the text of the
code as well as the effects that would be expected with different interpretations. The Director
believes that her discretion was applied appropriately and the Interpretation was rendered
ethically.
Staff does not agree that the Interpretation is an abuse of discretion. Again, ideally, the LUC
would contain more specific language that includes discussion of ADUs used to mitigate for
duplex residential development. In the absence of more specific language, it is a reasonable
approach to use the limited, but applicable language within the Code for guidance, and then go
P171
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Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 6 of 7
beyond the Code to the lineage of the Ordinance (Ord. No 1, Series of 1990) that created the
original rules for the employee housing mitigation required of residential development. From
staff’s perspective, this approach provides clarity to a circumstance and an intent that is not fully
considered by the Land Use Code.
3) Jurisdiction – The Director’s jurisdiction to interpret the Land Use Code is established in
Chapter 26.210 of the City of Aspen Land Use Code. This Chapter outlines the jurisdiction,
authority, and duties allocated to the Community Development Director. One of the Director’s
duties outlined in the Chapter reads: “To render interpretations of this Title or the boundaries of
the Official Zone District Map pursuant to Chapter 26.306.” Staff believes this language is clear
and disagrees with any premise that the Interpretation was “in excess of jurisdiction. The Appeal
does not raise the question of jurisdiction.
ACTIONS BY COUNCIL FOLLOWING APPEAL HEARING:
Section 26.316.030(F) reads as follows:
Action by the decision-making body hearing the appeal. The decision-making body
hearing the appeal may reverse, affirm, or modify the decision or determination appealed
from, and, if the decision is modified, shall be deemed to have all the powers of the
officer, board or commission from whom the appeal is taken, including the power to
impose reasonable conditions to be complied with by the appellant. The decision shall be
approved by resolution. All appeals shall be public meetings.
TWO RESOLUTIONS:
Attached are two draft Resolutions. One finds that the Director acted correctly and affirms the
Interpretation. The second finds that the Director exceeded her jurisdiction, abused her
authority, or failed to provide due process and reverses the interpretation.
CONCLUSION:
Staff finds the Director’s Interpretation was rendered ethically, provided due process, and did
not exceed jurisdiction or abuse discretion. Staff recommends City Council affirm the
Director’s interpretation by adopting the proposed Resolution No. 179 affirming the
interpretation.
EXHIBITS:
A – Interpretation, including Exhibits
B – Letter from Attorney Jeff Conklin, initiating the Appeal dated October 19, 2017
C – Ordinance No. 1, Series of 1990
D – Ordinance No. 35, Series of 2015
E – Ordinance No. 45, Series of 1994
F – Subdivision Exemption Agreement, Reception No. 380695
G – Minutes, City Council Meetings – January 29, and February 12 and 21, 1990
I – Application, Request for Interpretation
J – Instruments of Notice for the Appeal
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Appeal of Interpretation – Duplex ADU
Resolution No. 179, Series of 2017
Page 7 of 7
P173
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Draft Resolution - Affirming
Resolution No.xx, Series of 2017. Page 1
RESOLUTION NO. 179
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING THE MITIGATION REQUIREMENTS FOR
REMOVING AN ACCESSORY DWELLING UNIT ESTABLISHED TO MITIGATE FOR
BOTH UNITS OF A DUPLEX AT 910 E. COOPER AVE.
WHEREAS, the Community Development Director received a request for an Interpretation
of the Land Use Code regarding the removal of an Accessory Dwelling Unit (ADU) established to
mitigate for both units of a duplex at 910 E. Cooper Ave., by the Roy Martayan Revocable Trust, and
represented by attorney Mr. Jeffery Conklin of Karp Neu Hanlon, P.C.
WHEREAS, pursuant to Chapter 26.306 – Interpretations of Title, the Community
Development Director rendered a decision, and the Applicant though its representative sought an
appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of
the Director or modify or reverse the Interpretation upon a finding that there was a denial of due
process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and oral argument from
attorney Mr. Jeffery Conklin, representing the appellant, and the Community Development Director,
and has found that the Director provided due process and neither exceeded her jurisdiction or abused
her authority in rendering the Interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare; and,
WHEREAS, at a regular meeting on December 18, 2017, City Council voted X to X (x-x) to
affirm the Interpretation issued by the Community Development Director.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community
Development Director’s Interpretation of the Land Use Code regarding the mitigation requirements
for the removal of an ADU established to mitigate for both unit of a duplex. The effect of this
interpretation is that the removal of the ADU will require the extinguishment of .75 FTE, Category 2
affordable housing credits or the payment of equivalent cash-in-lieu.
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
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Draft Resolution - Affirming
Resolution No.xx, Series of 2017. Page 2
APPROVED by the Aspen City Council at its regular meeting on December 18, 2017.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ______________________________
James R. True, City Attorney Steven Skadron, Mayor
ATTEST:
____________________________
Linda Manning, City Clerk
P175
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Draft Resolution – Reversing
Resolution No.xx, Series of 2017. Page 1
RESOLUTION NO. 179
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REVERSING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING THE MITIGATION REQUIREMENTS FOR
REMOVING AN ACCESSORY DWELLING UNIT ESTABLISHED TO MITIGATE FOR
BOTH UNITS OF A DUPLEX AT 910 E. COOPER AVE.
WHEREAS, the Community Development Director received a request for an Interpretation
of the Land Use Code regarding the removal of an Accessory Dwelling Unit (ADU) established to
mitigate for both units of a duplex at 910 E. Cooper Ave., by the Roy Martayan Revocable Trust, and
represented by attorney Mr. Jeffery Conklin of Karp Neu Hanlon, P.C.
WHEREAS, pursuant to Chapter 26.306 – Interpretations of Title, the Community
Development Director rendered a decision, and the Applicant though its representative sought an
appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of
the Director or modify or reverse the Interpretation upon a finding that there was a denial of due
process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and oral argument from
attorney Mr. Jeffery Conklin, representing the appellant, and the Community Development Director,
and has found that the Director provided due process and neither exceeded her jurisdiction or abused
her authority in rendering the Interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare; and,
WHEREAS, at a regular meeting on December 18, 2017, City Council voted X to X (x-x) to
reverse the Interpretation issued by the Community Development Director.
NOW, THEREFORE BE IT RESOLVED that the City Council reverses the Community
Development Director’s Interpretation of the Land Use Code regarding the mitigation requirements
for the removal of an ADU established to mitigate for both unit of a duplex. The effect of this
interpretation is that the removal of the ADU will require the extinguishment of .38 FTE, Category 2
affordable housing credits or the payment of equivalent cash-in-lieu.
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
P176
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Draft Resolution – Reversing
Resolution No.xx, Series of 2017. Page 2
APPROVED by the Aspen City Council at its regular meeting on December 18, 2017.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ______________________________
James R. True, City Attorney Steven Skadron, Mayor
ATTEST:
____________________________
Linda Manning, City Clerk
P177
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Exhibit A P178
IX.c
P179
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P180
IX.c
www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Jeffrey J. Conklin
Partner/Shareholder
jjc@mountainlawfirm.com
Direct: 970.928.2124
Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Aspen Office
October 19, 2017
Jessica Garrow Via Email
Community Development Director
130 S. Galena St.
Aspen, CO 81611
jessica.garrow@cityofaspen.com
Re: Notice of Appeal
Land Use Interpretation of Section 26.520.090.C dated October 9, 2017
Dear Jessica:
As you know, I represent Roy Martayan in relation to an Application requesting
interpretation of Section 26.520.090.C of the Aspen Municipal Code1, as it applies to the
affordable housing mitigation fee associated with removal of an accessory dwelling unit within the
condominium unit located at 910 E. Cooper in Aspen (the “West ADU”). I am in receipt of the
City’s Land Use Interpretation dated October 9, 2017 (the “Interpretation”). Please allow this
letter to serve as notice of appeal of the Interpretation.
To ensure a complete written record, I wish to address a few points in this letter that will
also be raised at the appeal hearing and we respectfully request City Council to consider.
1. The City’s codified rules of construction state “all provisions, words and phrases shall be
read in the context in which they are written and applied according to their plain terms.”
See Code § 26.104.080. The plain terms of Section 26.520.090.C (Ordinance No. 35) state
that “for an ADU or Carriage House developed prior to adoption of Ordinance No. 35,
Series 2015…the applicant shall provide affordable housing mitigation for .38 full-time
equivalents (FTEs). Mitigation shall be provided at a Category 2 rate... This may be
provided…by providing a fee-in-lieu payment according the rates specified in the current
[APCHA] Guidelines, as amended from time to time.”
2. The ADU that is at issue in this application was developed prior to adoption of Ordinance
No. 35 and meets all other requirements to qualify for removal under Section 26.520.090.
The ADU is a one-bedroom unit, consistent with the commentary to the Section
26.520.090.C.1.
1 Section 26.520.090.C was established by Ordinance No. 35, Series of 2015. The Interpretation refers to “Ordinance
No. 35” somewhat interchangeably with Section 26.52.090.C and this letter will do the same.
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Page 2
3. As stated in the City’s Interpretation, “Ordinance No. 35 does not speak specifically to
ADUs that were established as mitigation for duplex development.” See Interpretation, p.
2. In other words, Ordinance No. 35 does not distinguish between mitigation for ADUs
associated with different types of development. Ordinance No. 35 treats ADUs (and
Carriage Houses) equally. There is nothing in the legislative history of Ordinance No. 35
to indicate otherwise. Further, there is no precedent for the City treating mitigation for
ADUs established for duplex development differently than other development.
Nevertheless, the City, in its Interpretation, has chosen to treat ADUs established for
duplex development differently and create a mitigation standard that does not exist in the
Code, in violation of its own rules of construction.
4. If the City had intended for double the normal mitigation fee to apply to the removal of the
West ADU, the Code or any document related to the project would have stated so. They
do not.
5. The City has the ability to address any perceived deficiency in the Code by amending the
Code to say what it doesn’t say or clarifying any unstated intent. The City has not done
so.
6. The size of the ADU is not the determinative factor for mitigation fee calculation under
Section 26.520.090.C. Further, both the Code in 1990 and the present Code contemplate
ADU size of between 300 – 800.
7. The employee housing mitigation requirements under Ordinance No. 1 (Series of 1990)
apply to each lot, not for 2 units.
8. The Interpretation does little to answer the question that lay at the heart of this matter: how
would anyone know that double the mitigation fee is required to remove the ADU located
in the duplex? The apparent answer, as set forth in the Interpretation, requires extracting
unstated implications from the legislative intent of Ordinance No. 1 from 19902 and then
creating a new mitigation standard under Ordinance No. 35. This is not a reasonable
interpretation.
9. The Interpretation ignores or fails to address much of the argument presented in the letter
submitted with the Request for Interpretation.
As a result, my client is requesting that City Council interpret Section 26.520.090.C of the
Code according to its plain terms. Again, given the exceptional and anomalous circumstances of
this matter, we hope you find this to be a reasonable and fair request.
2 Ordinance 1 is enclosed
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Page 3
Feel free to contact me with any questions you may have.
Very truly yours,
KARP NEU HANLON, P.C.
Jeffrey J. Conklin
JJC
Enclosures (1)
cc: Client
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ORDINANCE NO. 1
Series of 1990)
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF ASPEN A~NDING
THE MUNICIPAL LAND USE CODE AS FOLLOWS: REPEAL ARTICLE 5,
DIVISION 7 OF CHAPTER 24, HOUSING REPLACEMENT PROGRAM AND i~EPLACE
IT WITH A NEW CHAPTER 18 RESIDENT MULTI ~FAMI LY HOUSING
REPLACEMENT PROGRAM; AMEND SECTION 8-104(A) (1) (a) (1)~ (4) AND (
c)GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION BY PLANNING
DIRECTOR;AMEND ARTICLE 3 DEFINITIONS; AMEND SECTION 5-508 (
A) ACCESSORY DWELLING UNITS; AND AMEND SECTION 7-1007 (
A) (
1) (c)CONDOMINIUMIZATION,WHEREAS, the City Council has determined that,
as a result of unremitting market pressure
to redevelop residential properties as housing for tourists and second
home owners, large portions of the existing inventory of
single-family, duplex and multi-family dwellings in the
City are threatened with demolition and extinction, which in turn produces
a serious depletion in the stock of affordable housing in
Aspen, resulting in the permanent displacement of individuals and families
who are an integral part of the Aspen community
and workforce, and irrevocably changing the character of
existing neighborhoods which have traditionally been comprised of a broad mix
of housing types, including owned and rental units
affordable by working residents; and WHEREAS, the preservation of
thestock of affordable housing and/or providing
for its replacement within established neighborhoods will promote
the long-standing community goals of insuring a
socially and economically balanced community, thereby avoiding an imbalance between Aspen as
a resort and Aspen as a community,
ensuring the continued viability of Aspen-area
businesses, preventing overcrowding which results from an inadequate supply
P184
IX.c
local employees forced to make the long and often dangerous
co~umute on State Highway 82, and mitigating the adverse energy
and air pollution impacts of such commuting; and
W~EI{EAS, the City Council has determined that the expansion
of commercial activity in Aspen and, as a consequence, the
increased demand for employees, is a direct result of the
increased production of residential dwelling units devoted to
tourist and second home use. A large portion of that increased
production results from the conversion of workforce housing to
second homes and from the construction of new second homes on
vacant lots. Because of exemptions from growth management
competition, virtually none of such second home development has
been required to mitigate affordable housing impacts. Thus, the
conversion of existing workforce housing to second homes not only
results in displacement of working residents, but at the same
time increases the demand for services and commercial activity,
thereby increasing the workforce required in order to provide
those services and to support those activities. As the permanent
and transient workforce continues to increase, the supply of
affordable housing is steadily decreasing; and
W~REAS, the City Council has determined that the Aspen Land
Use Regulations do not presently provide adequate impact
mitigation standards for the review of resIdential development
applications for the new development or redevelopment of land for
single-family and duplex units or for the demolition
and reconstruction of multi-family dwelling
units;
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IX.c
W}{EREAS, the City Council has determined that the most
equitable method of providing for the mitigation of the
aforementioned negative impacts is to amend the GMQS exemption
requirements for single-family and duplex structures and,
with respect to multi-family structures which have
historically been used as housing for working residents, to require that
no less than 50% of the square footage of net residential
area demolished and no less than 50% of the bedrooms demolished be
replaced and restricted as affordable housing, as more
particularly described
herein; and WHEREAS, the regulations contained here are
intended to alleviate the adverse impacts identified above in
concert with other regulations which together form a
balanced and comprehensive program to assure an adequate supply
of affordable housing. The program is balanced in the sense that
the public costs are allocated as fairly and broadly as possible
and the program is comprehensive in the sense that it addressees
all of the affordable housing needs of the
community; and W}{EREAS, the City Council has determined that there
is a direct correlation between the extent of the
mitigationrequired i.e., the construction of an accessory dwelling
unit, the payment of an impact fee or the replacement of
demolished multi-family units) and the benefits and privileges conferred
upon the applicant for a permit to construct or substantially
enlarge a single-family or duplex unit or to
demolish a
multi-
P186
IX.c
Wh~EREAS, the city Council has determined that the owners of
property subject to the provisions hereof will not be precluded
by the application of this regulation from making profitable use
of their property, and that the regulations contained herein
represent a rational attempt to accommodate and balance the
conflicting interests of assuring an adequate supply of
affordable housing while also assuring that property owners will
enjoy a fair return on their investment; and
WHEREAS, the mitigation requirements of this regulation are
substantIally related to a legitimate state interest, to-w~t:
the assurance of an adequate supply of affordable housing for
the benefit of working residents, local businesses and the
community at large; and the provisions of this regulation
will substantially and directly serve to promote that state
interest;
and WHEREAS, the City Council has determined, on the basis
of planning studies and empirical analysis, that the development
or redevelopment activities regulated hereunder have created
the need for the mitigation measures required by this regulation;
and WR-EREAS, the City Council has determined, on the
basis of planning studies, the needs assessment analysis conducted
bythe Aspen/Pitkin County Housing Authority, and other
empirical data,that any new housing produced as a result of
the mitigation requirements hereof will be occupied by working
residents who would otherwise not be able to secure housing in the
Aspen area as a result of market
conditions;
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IX.c
W}IEREAS, the regulations contained herein are adopted hereby
in direct response to the problems identified in Ordinance 58,
Series of 1989, which extended the administrative delay on duplex
and multi-family demolition until February 27, 1990;
andW~EREAS, the Aspen Planning and Zoning Commission held
a work session on November 14, 1989 and held duly noticed
public hearings on November 28, December 5 and December 12w 1989
to consider the issues addressed herein and to make
recommendations to the City Council. Those recommendations were contained
in Planning Commission Resolution 16, Series of 1989, and
were considered by the City Council in the adoption of this
ordinance;
andW}{EREAS, the City Council has held meetings on December
21,1989 and January 8, 1990 to discuss the regulations
contained herein and has held duly noticed public hearings on January
22,1990 and February 12,
1990.NOW, THEREFORE, BE IT ORDAINED BYTP~E CITY COUNCIL OF
THE CITY OF
ASPEN:Section
1 That Article 5, Division 7 Housinq ReDlacement Proqram
is hereby repealed and a new Chapter 18 of the Municipal
Code entitled "Resident Multi-Family Housin~ ReDlacement Pro,
ram", is hereby adopted to read
as follows:
Chapter 18 Resident Multi-Family
Housinq
Replacement
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I. Introduction
Section 18-1.1
Title Section18-1.2 Purpose
and Intent II. Application
of Chapter III.
General ProvisionsSection 18-
3.1Definitions Section 18-3.2
Certificate ofCompliance/Exemption Section 18-
3.3 Housing Replacement
Requirements IV. Affordable Housing Fund
V. Rental
and ResaleRestrictions I.
Introduction Section 18-1.1. Title This regulation
shall be called and may be referred
to as the "Resident Multi-Family
Housing ReplacementProgram" or the "Replacement
Program".Section 18-1.2. PurDose and Intent.
The City of Aspen's neighborhoods have traditionally been comprised
of a mix of housing types, including those
which are affordableby its working residents. However,because
of Aspen's attractiveness as a resort environment,and because
of the physical constraints of the upper Roaring
Fork Valley, there is constant pressure for
the redevelopment of dwellings, which now provide resident
housing, for tourist and secondhome use. Such redevelopment
results in the d~splacement of individuals and families who are
an integral part of the Aspen work force.Given the
extremely high cost of and demand
for market-rate housing, resident housing opportunities for displaced
working
residents, which are now minimal, will continue to
decrease.Preservation of the housing inventory and provision
of dispersed housing opportunities in Aspen have been
long-standing planninggoals of the community. Achievement of these
goals w~ll serve to promote a
socially and economically balanced community, limit the number of
individuals who face a long and sometimes dangerous commute on
State Highway 82, reduce the air pollution effects
of commutingand prevent
exclusion
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IX.c
In its Housing Master Plan, the City has established a
goal that affordable housing for working residents be
provided by both the public and private sectors. The City,
through its housing designee, has provided affordable
housing both within and adjacent to the City limits. The
private sector has also provided affordable housing through
the GMQS process.
Nevertheless, as a result of the replacement of
resident housing with second homes and tourist
accommodatIons, and the steady increase in the size of the
workforce required to assure the continued viability of
Aspen area businesses and Aspen's tourist based economy, the
City has found it necessary, in concert w~th other
regulations, to adopt limitations on the demolition of
existing multi-family housing in order to minimize
the displacement of working residents, to insure that
the private sector maintains its role in the provision
of resident housing, and to prevent a housing shortfall
from
occurring.II. ADDllcation of
Chapter This Chapter shall apply to the demolition of
any resident multi-family housing ("RMF Housing"),
as defined herein, in the City of Aspen or when two or
more ownerships of land, each of which contains one or
more detached residentIal or duplex units, is merged or
otherwise combined into a project for the purposes of
demolition and reconstruction of the units, excludIng
any parcel consolidated as a Specially Planned Area (SPA).
No owner shall cause the demolition of any RMF Housing
unit without first obtaining a Certificate of Compliance or
a Certificate of Exemption in accordance with the provisions
of this Chapter. The Building Department shall not issue
a permit for the demolition of any multi-family
dwelling unit unless the owner has obtained and presented
to the Building Department either a Certificate of
Compliance or a Certificate of Exemption issued in
accordance with this Chapter. Any RMF Housing unit which is
ordered to be demolished by any public agency, including the
city, as a result of damage caused by civil
commotion or natural disaster shall not be subject to the terms
of this Chapter.A certificate of compliance or a
certificate of exemption shall be issuedby the City's Housing
Designee only after the owner has complied with the
provisions hereof. This Chapter shall not apply to the demolition
or converted use of any RMF Housing unit owned by the City
ofAspen, the Aspen/Pitkln County Housing Authority,
or any
public
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III. General Provisions
Section 18-3.1.
Definitions a) "Resident multi-familyhousing"
and/or resident multi-family housing unit" shall
mean any multi-family dwelling unit, as defined in Section
3-101 of the Aspen Land Use Regulations,
which has historically been occupied by working residents. RMF
Housing does not include a single-family or duplex
dwelling unit or any multi-family dwelling unit which
has been exclusively utilized as a tourist accommodation or occupied
by an owner who does not meet the definition of a
working resident since
the time of its initial occupancy.b) "
Housing Replacement Agreement" shall mean the agreement between the City and
the owner on forms to be provided by the City which
contain the terms by which such owner shall be
deemed in compliance with this Chapter.c) "Net residential
area" shall mean the total number of square feet of living space
in a building based upon the interior dimensions
of each dwelling unit within such building and
excluding stairwells,
halls, lounges, and other common areas.d) "Owner"
shall mean any person, firm, partnership,association, joint venture,
corporation, or change of use of any affordable housing
unit. The word "owner" shall also include agents andother
persons
acting on the owner's behalf.e) "Rented" or "
rental" shall refer to occupancy of an affordable housing
unit pursuant to a lawful rental
agreement, eitheroral or in writing.Section
18-3.2. Certificate of Compliance/Exemption.Any owner, as
a condition of receiving a permit from the Building
Department for the purpose of demolishing or enlarging
any multi-family dwelling unit, must first obtain a
Certificate of Compliance with the provisions of this Chapter,
or a Certificate
of Exemption from the requirements of this Chapter.a)
Certificate of Compliance. In order to
obtain a certificate of compliance, the owner must:1) Submit
to the housing designee a statement, on a form
to be provided by the City, certifyIng the number
of RMF Housing units and bedrooms to be lostas
a result of demolition and the ne__t
residential
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2) Where required, secure necessary land use
approvals and permits for the replacement housing
to be built on the site of the demolished or
enlarged building or on such other location as may
be approved.
3) Execute a Housing Replacement Agreement setting
forth the terms and conditions upon which
replacement housing will be provided and either
operated or sold, which agreement shall be
recorded in the records of the Clerk and Recorder
of Pitkin County. The obligation to provide
replacement housing as set forth in the agreement
shall be secured by a bond, letter of credit, or
other security acceptable to the city.
b) Certificate of Exemption. In order to obtain a
certificate of exemption, the owner must submit a statement
certifying that the dwelling unit is exempt from the
provisions of this Chapter, the basis upon which exemption
is claimed, and such additional documentation as may be
required by the housing designee in order to establIsh the
exemption. If the housing designee is satisfied that the
dwelling unit is exempt from the provisions of this Chapter,
a certificate of exemption shall be issued.
c) Appeals~ Any person aggrieved by a decision of
the housing designee in the administration of this
Chapter may appeal such decision to the Aspen city
Council.
Section 18-3.3. Housing Replacement
Requirements.a) Minimum replacement requirement. In the event
of the demolition of resident multi-family housing,
the owner shall be required to construct
replacement housing consisting of no less than 50% of the square footage
of net residential area demolished or converted.
The replacement housing shall be configured in such a way as to
replace 50%of the bedrooms that are lost as working resident
housing by demolition. A minimum of 50% of the
replacement housing shall be above natural grade. The replacement
housing shall be deed restricted as affordable housing in
accordance with the requirements of Section
V, below.b) Location of reDlacement
housinG. Multi-family replacement units shall be developed onthe same
s~te on which demolition has occurred, unless
the owner shall demonstrate that replacement of the units
on-site would be incompatible with adopted neighborhood plans
or would be an inappropriate planning solutiondue to
the site's physical constraints. When either
of
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results, the owner shall replace the maximum number of units
on-site which the city Council determines that the site
can accommodate and may replace the remaining units
off-site,within the City of Aspen or the Aspen Annexation
Area, as defined within the Aspen Area
Comprehensive Plan:Annexation Element, 1988. Whenthe owner'
s housing replacement requirements involves a fraction of a
unit, cash in lieu may be provided to meet the
fractional
requirement only.c) Tlminq and quality of
replacement unit.Replacement units shall be available for occupancy
at the same time as the new unit or units, regardless
of whether the replacement units are built on-site
or off-site, and shall contain fixtures, finish and
amenities requiredby the housing designee's guidelines.
When replacement units are proposed to be built off-site,
the owner shall be required to obtain a
development order approving the off-site development prior to
or in conjunction with obtaining a development order
approving redevelopment or the site on which
demolition is proposed to take
place.IV. Rental and Resale Restrictions Replacement units
shall be subject to deed restrIctIon in a form and
substance acceptable to the City Council.Such deed restricted units may
only be rented or sold to tenantsor buyers who
meet the City's qualifications in effect at the time of sale or
rental, and at sale prices or rental rates which arealso
in compliance with the City's current regulations. The
owner shall be entitled to select tenants
or purchasers subject to the aforementioned qualifications. The
mix of affordable housing units, as between low,
moderate and middle income, or resident occupied, may be determined
by the owner, provided that no less than 20% of the bedrooms
qualify as low income and no more than 20% of
the units
are available
as resident occupied units.Section 2 That Article S, Sec. 8-104 (
A) (1) (a) (1) &(4) &(
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involve a change of use. No bandit unit shall be
remodeled, restored or reconstructed unless it has
first been legalized pursuant to Section 5-510.
To obtain approval to reconstruct demolished commercial
or office floor area, the applicant shall demonstrate
that affordable housing and parking is provided for
the reconstructed floor area as if it were
newly constructed
space.4) Replacement of demolished multi-
family, residential units shall be subject to the
requirementsofr-B~e~-~, the Housing
Replacement-F~ Program.5) The remodeling, restoration or
expansion of existing single-
family orduplexdwellings.
Sec. 8-104(A)(1)c) Detached
single-family or duplex dwellln~ unit.The construction of one (
1) or two (2) detached residential units or a duplex dwelling
on a vacant lot which was subdivided or was
a legally described parcel prior to November 14, 1977,
which complies with the provisions of Section 7-1004 (A) (
5) or to replace after demolition one 1) or two (
2) detached residential units or a duplex dwelling. This exemption
shall not be applied to any lot for which
any other development allotment is currently being sought or is
approved. This exemption shall only apply if:
1) Single-family option: the applicant provides
an accessory dwelling unit, pays the applicable affordable housing
impact fee or provides a resident
occupied deed restriction on the single-family dwelling being
constructed. All of
these options are at the property owner's
discretion;2) Duplex option: the applicant provides
one free market/one resident occupied unit, the residentoccupied unit
shall be a minimum of 1500 s.f.;
two free market, with one accessory dwelling unit~the accessorydwelling
unit must be a minimum of 600 s.
f.;two resident occupied units; or pays the
applicable affordable housingimpact fee.
These options
are at the property owner's discretion.Section 3 That Article 5
of Chapter 24 of the Aspen Municipal Code is hereby amended
by the addition of a new Division 7,
entitled AFFORDABLE HOUSING IMPACT FEE", to
read
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Section 5-701.
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dwelling unit, and recorded in the records of the Pitkin
County Clerk and Recorder prior to the issuance of a
Certificate of Occupancy.
Section 4
Affordable Housing Fund. There currently exists in the
office of the City Finance Director and Affordable Housing Fund
into which all cash-in-lieu and other payments,
contributions or bond forfeitures made pursuant to the Aspen Land
Use Regulations as a result of affordable housing requirements
are deposited.Any and all funds paid to the City under this
ordinance shall also be deposited in the Affordable Housing Fund and
shall be used only for costs related to the production
of affordable housing within or adjacent tothe C~ty
of Aspen.
Section 5 That Article 3 Definitions shall be amended to
include the following
new definitions:Housing Replacement Program" is a term which refers
to the program which is embodied in Chapter 18 and Article
8 (GMQS)
Section 8-104.;Working Resident" is a person who works in
Pitkin County a minimum of 30 hours per week, 9 months per year,
or who is handicapped based upon the Housing Authority
Guidelines, or who is a former working resident who is a senior (60
years or older)or retired and, for the purpose of deferral
of housing impacts,must be utilizing the dwelling in question
as
a
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The definition of Demolition shall be amended to read as follows:
Demolition means to tear down completely, to do away with or to
raze. For the purposes of this definition a building shall be
deemed to be demolished if less than 50 % of the existing primary
residential structure remains in place. Renovation shall not be
considered demolition. The removal of a dwelling unit in a multi-
family str~cture shall be considered demolition.
The definition of Floor Area shall be amended to read as follows:
G. Accessor~ Dwellinq Unit. For the purposes of calculating
floor area ratio and allowable floor area for a lot whose
principal use is residential~ accessory dwelling units shall
be excluded up to a maximum of 250 square feet or 50% of the
size of the accessory dwelling unit, whichever is less.
This provisio~ only applies to accessory dwelling units
which are 100% above natural grade.
Section 6
That Article 5, Sect. 5-508 (A) be amended to read
as
follows:A. Standards. Accessory Dwelling Units shall not
be subject to the minimum lot area per swelling
unit requirements of Art. 5, Div. 2., but shall be
subject to all other dimensional requirements of the
underlying zone district. Parking shall not be required if
the
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unit is a studio or on-bedroom unit, but one (
1)parking space shall be provided on-site if
the unit contains two (2) bedrooms and one (1)
additional space shall be required for each addItional two (
2) bedrooms in
the unit.The Accessory Dwelling Unit shall contain not
less than 300 square feet and not more than 850 square
feet of net livable area and be located within or attached
to a principal residence. It shall meet
thehousing designee's guidelines for such units,
meet the definition of a Resident Occupied Unit and
be rented for periods of six months or longer. The owner
of the principal residence shall have the right to
place a qualified employee or employees of his or
her choosing int he Accessory
Dwelling Unit.
Section 7 That Article 7, Sec. 7-1007(A)(1) be
amended as follows:c. Affordable housinq
impact fee (
condominiumization).Section 8 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
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portions thereof.
Section 9
Applicability of this Ordinance. Nothing in this ordinance
shall be construed to affect any right, duty or liability under
any ordinance in effect prior to the effective date of this
ordinance, and in the same shall be continued and concluded under
such prior ordinances. Furthermore, the provisions of this
ordinance shall not apply in the following specific
circumstances:
a. To the development of any property for which a vested
right, as defined by Colorado law, has been obtained prior to the
effective date hereof.
b. To the construction of any dwelling unit pursuant to a
building permit (not including a demolition or excavation permit)
which was applied for prior to or on March 16, 1990.
c. To the construction of any single family or duplex
dwelling unit on a lot, the creation of which was approved
pursuant to or which was determined to be exempt form the
provisions of the Growth Management Quota system prior to the
effective date hereof.
Section 10
Expiration of this Ordinance. Th~s ordinance shall expire
on April 15, 1992 unless City Council takes action prior thereto
to continue this ordinance based upon an evaluation of the its
effectiveness by the Planning Director. If in 1992, Council
decides to eliminate this legislation from the Municipal Code,
16
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then all deferred impact fees shall be forgiven.
Section 11
A Public hearing on the Ordinance shall be held on the~~-~/day
of /~a~// , 1990, at 5:00P.M. in the city Council Cha~
er~, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior
to which hearing notice of the same shall be published once in
a newspaper of general circulation within the City of Aspen.I~
RODUCED, ~F2%DMD O~E~D ~BLIS~Das provided by law by City
Council of the City of Aspen on the Y~-~ dayof Kathryn ~ Koch,
city Clerk adopted, passed
and approved this day J~A~Y,WilliamL
Stirllng, Mayor A~ST:
KathrynS~
Koch, CityClerk housing-, rpl.
ord. cc. 6
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ORDINANCE NO. 45
SERIES OF 1994)
N ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 918 EAST COOPER
AVENUE (LOTS M AND N, BLOCK 117, CITY AND TOWNSITE OF ASPEN AND
LOTS M, N, O AND P, BLOCK 35, EAST ASPEN ADDITION) ASPEN,
COLORADO
WHEREAS, pursuant to Sections 24-7-1003 and 24-
8-104 C., of the Municipal Code, a lot split is a
subdivision exemption and GMQS exemption reviewed
by City Council; and WHEREAS, the applicants, Susan
Phillips and Leticia Gordon have requested tosplit their approximate 12,
000 square foot parcel to create a
second residential parcel; and WHEREAS, the Planning
Department, Engineering Department and Parks Department have reviewed
the application and recommend approval of the lot
split with conditions; and WHEREAS, the Aspen City council
has reviewed and considered the subdivision exemption and GMQS
exemption under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those recommendations
made by the Planning Department and has taken and considered
public comment
at public hearing; and WHEREAS, the city Council finds that
the lot split, with conditions, meets or exceeds
all
applicable development standards;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: Pursuant to Sections 24-7-
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Municipal Code, and subject to those conditions of approval as
specified hereinafter, the City Council finds as follows in regard
to the subdivision exemption and GMQS exemption:
1. The applicant's submission is complete and sufficient to
afford review and evaluation for approval.
2. The subdivision exemption is consistent with the purposes of
subdivision which is to assist in the orderly and efficient
development of the city and safeguard the interests of the
public and the subdivider and provide consumer protection for
the purchaser.0
Se~tlon 2: Pursuant to the findings set forth in Section 1 above,
the City Council does hereby grant a subdivision exemption and GMQS
exemption for 918 East Cooper Avenue with the following conditions:
1. All material representations made by the applicant in the
application and during public meetings with the Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final
approval or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-
7-1004 of the Municipal Code and shall include but not
be limited to the
following:a. Thesurveyor's certificate or a note on the drawing
must state that all easements of record as indicated on
Title Policy No. __ , dated have been
shown.b. Two corners of the existing parcel are not indicated
as being monumented. The corners need to be monumented prior
to final plat approval. The interior monuments are required
to be set within one year of the sale of either
lot.c. Thesurveyor's certificate or a note on the plat needs
to state that the survey closes to1:10,
000.d. Adjacent, subdivided lots are required to be labeled
on the
plat.e. Area of the property to the nearest0.001 acre and
the zone
district.f. Language stating that the setback non-
conformities
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www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Jeffrey J. Conklin
Partner/Shareholder
jjc@mountainlawfirm.com
Direct: 970.928.2124
Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Aspen Office
September 7, 2017
Jessica Garrow Via Email and Hand Delivery
Community Development Director
130 S. Galena St.
Aspen, CO 81611
jessica.garrow@cityofaspen.com
Re: Request for Interpretation of Section 26.520.090.C of the Aspen Municipal Code
Dear Jessica:
I represent Roy Martayan, who recently purchased a condominium unit located at 910 E.
Cooper in Aspen (the “West Unit”). Pursuant to Section 26.306.010 of the Aspen Municipal Code (the
“Code”), the purpose of this application is to request an interpretation of Section 26.520.090.C of the
Code as it applies to the affordable housing mitigation fee associated with removal of an accessory
dwelling unit within the West Unit (the “West ADU”).
Section 26.520.090.C of the Code states (in part):
C. Removing an ADU/Carriage House. An amendment application that
proposes to physically remove an ADU or Carriage House from a property and
vacate the deed restriction may be approved by the Community Development
Director if all of the following criteria are met. To remove or decommission a
Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be
met prior to complying with this subsection.
For an ADU or Carriage House developed prior to the adoption of Ordinance
No. 35 Series 2015:
1. The applicant shall provide affordable housing mitigation for .38
full-time equivalents (FTEs). Mitigation shall be provided at a
Category 2 rate prior to issuance of any permit required to accomplish
the decommissioning or removal of the unit. This may be provided
through extinguishment of a Certificate of Affordable Housing Credit
(See Chapter 26.540 – Certificates of Affordable Housing Credit) or by
providing a fee-in-lieu payment according to the rates specified in the
current Aspen/Pitkin County Housing Authority Guidelines, as
amended from time to time. (Commentary – The .38 figure reflects a
typical ADU being a studio or one-bedroom unit housing 1.5 FTEs with
an approximate 25% occupancy. 1.5 x .25 = .375, rounded to .38.)
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Request for Interpretation of Section 26.520.090.C
Page 2
2. The physical changes necessary to remove the ADU/Carriage House
have been accomplished and issued a final inspection by the Chief
Building Official. (Building permits are required.) Once this has been
accomplished, a release of deed restriction, acceptable to the City
Attorney, shall be completed and filed with the Pitkin County Clerk
and Recorder.
As set forth in more detail below, my client interprets Section 26.520.090.C as it applies to
removal of the West ADU from the West Unit as follows:
• The West ADU is a voluntary accessory dwelling unit subject to the ADU Deed
Restriction.
• As a voluntary ADU, the West ADU is considered a Category 2 Unit for the purposes for
calculating a mitigation fee.
• The mitigation fee for 1 FTE Category 2 is $320,186.
• To remove the West ADU, the owner/applicant must pay .38 FTE at the Category 2 rate,
which is equal to $121,670.68.
This request for interpretation follows up on several prior rounds of communication with City
staff that are also outlined in more detail below. Ultimately, City staff interpreted this Section of the
Code such that the mitigation fee for removal of the West ADU within the West Unit was calculated
at .75 FTE of the Category 2 rate, not .38 FTE (i.e. double the mitigation fee stated in the Code). It is
my understanding there is not a precedent for such an interpretation. This application is my client’s
next step in pursuing his administrative remedies.
Background – Development History and Affordable Housing Requirements
The following documents are relevant to this request and enclosed herewith:
1. Plat of Phillips/Gordon Lot Split Subdivision, recorded in the public records of Pitkin
County on April 20, 1995 at Reception No. 380697 (the “Lot Split Plat”). See Exhibit 1.
2. Subdivision Exemption Agreement for the Phillips/Gordon Lot Split, recorded in the public
records of Pitkin County on April 20, 1995 at Reception No. 380695 (the “SIA”). See
Exhibit 2.
3. Accessory Dwelling Unit Deed Restriction, recorded in the public records of Pitkin County
on May 2, 1996 at Reception No. 392317 (the “ADU Deed Restriction”). See Exhibit 3.
4. Condominium Plat for the Pyrenees Townhomes, recorded in the public records of Pitkin
County on February 9, 1998 at Book 44, Page 45 (the “Condo Plat”). See Exhibit 4.
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Request for Interpretation of Section 26.520.090.C
Page 3
5. Amended Condominium Plat for the Pyrenees Townhomes, recorded in the public records
of Pitkin County on December 11, 1998 at Book 48, Page 8 (the “Condo Plat”). See Exhibit
5.
6. Condominium Declaration for The Pyrenees Townhomes, a Condominium recorded in the
public records of Pitkin County on January 26, 1998 at Reception No. 412850 (the
“Declaration”). See Exhibit 6.
7. Ordinance No. 45 (Series of 1994) (the “1994 Ordinance”). See Exhibit 7.
8. Minutes from Aspen City Council Regular Meeting dated September 12, 1994 (the
“9/12/1994 Minutes”). See Exhibit 8.
9. Minutes from Aspen City Council Regular Meeting dated October 24, 1994 (the
“10/24/1994 Minutes”). See Exhibit 9.
10. Staff Memo re: Phillips/Gordon Subdivision Exemption dated September 12, 1994 (the
“9/12/1994 Staff Memo”). See Exhibit 10.
11. Staff Memo re: Phillips/Gordon Subdivision Exemption dated September 12, 1994 (the
“10/24/1994 Staff Memo”). See Exhibit 11.
12. Section 8-104.A of the Aspen Municipal Code in effect in 1994 (the “1994 Code”). See
Exhibit 12.
(collectively, the “Project Documents”)
By way of background, the Phillips/Gordon Lot Split Subdivision was approved by the 1994
Ordinance and created two lots (Lot 1 and Lot 2) for the development of one single family residence
and one duplex. See Exhibit 1, Lot Split Plat, Note 8; Exhibit 7, 1994 Ordinance. It was within the
developer’s discretion to decide on which lot the duplex and single family residence would be
constructed. Id. The developer ultimately constructed the duplex – the Pyrenees Townhomes – on Lot
1 (the “Duplex Lot”) and the single-family residence on the Lot 2 (the “Single-Family Lot”). See
Condo Plat. The Pyrenees Townhomes duplex consists of two units – West Unit (910 E. Cooper) and
East Unit (914 E. Cooper). Id.
The affordable housing mitigation associated with the Phillips/Gordon Lot Split Subdivision
was a point of discussion and clarification in the approval process with City, as identified in the Project
Documents.
First, as set forth in the 9/12/1994 Staff Memo, the City initially took the position that:
Accessory dwelling units are required for the issuance of any buildings for each
parcel. The RMF zone district requires a duplex to provide an accessory
dwelling unit for each half of the duplex. An accessory dwelling unit must be
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Request for Interpretation of Section 26.520.090.C
Page 4
between 300 and 700 s.f. of net livable area. The applicant erroneously states
the developer of the duplex has the discretion to choose affordable housing
mitigation by either providing one ADU, paying cash-in-lieu, or restricting one
of the halves of the duplex. These options do not apply because the R/MF zone
preceded the Ordinance 1 options cited by the application (Section 8-
104.A.1.c).
See Exhibit 10, 9/12/1994 Staff Memo, p. 3.
However, the City later changed its position and determined that a different affordable housing
requirement applied, as set forth in Section 24-8-104A.1.c of the Land Use Code in effect at the time.1
See Exhibit 12, 1994 Code. Accordingly, the 10/24/2017 Staff Memo corrected this position, stating
that Section 24-8-104.A.1.c applies and that “this allows the owner to choose one of the following
options for each lot to be developed: deed restrict the single family residence or one half of a duplex,
provide an accessory dwelling unit, or pay cash-in-lieu for the increase in floor area on the site”
(emphasis added). See Exhibit 11, 10/24/1994 Staff Memo, pp. 1 and 3.
The affordable housing mitigation option that an accessory dwelling unit may be provided for
each lot (the Single-Family Lot and the Duplex Lot) was ultimately set forth in the 1994 Ordinance,
Lot Split Plat, and SIA. See Exhibit 12, 1994 Ordinance, ¶7; Exhibit 1, Lot Split Plat, Notes 9-10; and
Exhibit 2, SIA, ¶¶ 9-10.
As to the Duplex Lot/“duplex dwelling unit,” those options included:
(i) provide one free -market unit, and one resident-occupied unit (with an appropriate deed
restriction) containing a minimum of 1500 square feet;
(ii) provide two free market units and one accessory dwelling unit containing a minimum
of 600 square feet;
(iii) provide two resident-occupied units, each appropriately deed restricted; or
(iv) pay the applicable affordable housing impact fee. Id. at 10.
If option (ii) was selected for the lot, “a deed restriction must be recorded…” See Exhibit 1,
Lot Split Plat, note 10.
As articulated in the 10/24/1994 Staff Memo, these mitigation options relate to the Duplex Lot
as a whole. It was not until 1998 that the Pyrenees Townhomes were approved for development on
the Duplex Lot and option (ii) (the “ADU Option”) was selected. Accordingly, the developer
constructed an accessory dwelling unit as affordable housing mitigation. The developer chose to locate
the ADU within the West Unit (the “West ADU”) and it was made subject to the ADU Deed
Restriction, thus complying with the affordable housing mitigation requirements for the Duplex Lot.
The ADU Deed Restriction restricts use of the West ADU, including rental to qualified
residents. See ADU Deed Restriction, ¶¶ 1-2. The ADU Deed Restriction does not encumber the East
1 This section of the old Code outlines the affordable housing requirements that must be met as party of qualifying
for an exemption to GMQS.
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Unit. There is not an accessory dwelling unit in the East Unit and the West ADU cannot be used,
accessed, removed, or otherwise controlled by the owner of the East Unit.
As identified above, the Code provides a process for removal if ADUs, which states that to
“physically remove an ADU…and vacate the deed restriction…” (for an ADU developed prior to
Ordinance No. 35, Series 2015), “the applicant shall provide affordable housing mitigation for .38
full-time equivalents (FTEs)...” and “mitigation shall be provided at a Category 2 rate…” See
Code, § 26.520.090.C (emphasis added). The “commentary” identifies an ADU as being a “studio or
one-bedroom unit housing 1.5 FTEs…” Id. The West ADU is a one-bedroom unit, within what is
contemplated by the Code.
Accordingly, and again, we have interpreted the Project Documents and Code such that:
• The West ADU is a voluntary accessory dwelling unit subject to the ADU Deed
Restriction.
• As a voluntary ADU, the West ADU is considered a Category 2 Unit for the purposes for
calculating a mitigation fee.
• The mitigation fee for 1 FTE Category 2 is $320,186.
• To remove the West ADU, the owner/applicant must pay .38 FTE at the Category 2 rate,
which is equal to $121,670.68.
Background – Purchase of West Unit
My client closed on his purchase of the West Unit on May 31, 2017. During the due diligence
process in purchasing the West Unit, my client and the brokers involved in the transaction investigated
the fee for removal of the West ADU within the West Unit. It is my understanding that the brokers
contacted the City of Aspen’s “Planner of the Day” on two occasions, identifying the West Unit
property and discussed the process to remove the West ADU through payment of an affordable housing
mitigation fee. Based on those discussions, the City represented and it was the parties’ understanding
that, for the reasons outlined in bulletpoints above, the owner/applicant must pay .38 FTE at the
Category 2 rate to remove the West ADU, which is equal to $121,670.68.
Relying on this information, the parties moved forward with the diligence process and
completed the transaction. Some time later, the parties initiated the process to remove the West ADU
from the West Unit and conducted a pre-application meeting with the City. A pre-application summary
was prepared which calculated the mitigation fee at .75 FTE of the Category 2 rate, not the .38 that
was the parties’ previous understanding and that was relied upon in moving forward with the
transaction. It is my understanding the City’s rationale is that, contrary to the language in the Project
Documents, the West ADU constitutes affordable housing mitigation for two units (the West Unit and
the East Unit) and, thus, would require double the normal fee to remove the ADU.
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Request for Interpretation of Section 26.520.090.C
Page 6
The brokers and other representatives involved in the transaction discussed and disputed the
.75 FTE determination with the City, and the City maintained its position. Upon discussion with City
Attorney Jim True, I submitted a letter dated June 15, 2017, requesting that City staff reconsider its
interpretation; however, Mr. True advised staff’s position would remain the same for the purposes of
an application to remove the ADU. This application contains addition information, documents, and
argument than the prior letter and, again, is my client’s next step in pursuing (and potentially
exhausting) his administrative remedies.
Additional Argument
Bluntly, the plain language of the Code and Project Documents dictate that the mitigation fee
for removal of the West ADU should be calculated at .38 FTE of the Category 2 rate.2 As a result,
there is nothing explicit set forth in the Code or Project Documents to put a prospective buyer on notice
that removal of the West ADU would require double the normal mitigation fee for removal of an
accessory dwelling unit under Section 26.520.090.C. Further, there is no precedent for a doubling of
the mitigation fee based on prior, analogous projects, and doing so results in an unfair outcome for my
client given the facts and circumstances that led to this application.
If the City had intended for double the normal mitigation fee to apply to the removal of the
West ADU, the Project Documents and Code would have stated so. They do not.
As outlined above, the Project Documents, as specifically clarified in the 10/24/1994 Staff
Memo, provide the affordable options for both the Single-Family Lot and Duplex Lot, including the
option to provide an accessory dwelling unit on each lot. The Lot Split Plat and SIA merely state, if
the developer chooses to build a duplex with two free market units on the Duplex Lot, it has to construct
a single accessory dwelling unit – that is all. This is not a case of one accessory dwelling unit being
constructed in lieu of two – only one was required. The developer chose this option and the West ADU
was constructed in the West Unit and does not encumber the East Unit. Neither the Lot Split Plat, SIA,
nor ADU Deed Restriction provide any express language that supports the City’s present position.
Further, there is simply nothing in the record to indicate it may have been the intent that the West ADU
constitutes a “double mitigation” unit, as the City Council meeting minutes indicate there was no
discussion on this issue, even after the change in Staff position. See Exhibits 8 and 9, Meeting Minutes.
The Code is equally silent. Under the 1994 Code, only one unit was required for a duplex lot
– again, not one unit as “double mitigation.” The one-bedroom West ADU fits within the type of unit
requiring payment of .38 FTE at the Category 2 rate under in the present Code. To my knowledge,
there is not another Code section that addresses affordable house units that serve as mitigation for two
free market units resulting in double the mitigation fee for removal.
2 26.104.080 Rules of construction. A. General rules of construction and application. All provisions, words and
phrases shall be read in the context in which they are written and applied according to their plain terms. Words and
phrases that have acquired a technical or particular meaning, whether by ordinance definition or otherwise, shall be
construed and applied accordingly. All provisions shall be read and considered as a whole in order to ascertain and
fulfill the legislative intent in its adoption.
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Request for Interpretation of Section 26.520.090.C
Page 7
Thus, based on the plain language, the mitigation fee for removal of the West ADU should be
calculated at .38 FTE of the Category 2 rate. To reach any alternative interpretation requires an
unreasonable inference of the Project Documents, and does not find lateral support in the Code.
Again, as a matter of fairness, the City’s “double fee” interpretation only came up after the
parties were twice told that the fee would be calculated at .38 FTE. The parties agreed to the purchase
price and proceeded with the transaction based on the .38 FTE mitigation rate. It is entirely unequitable
for my client to now be told that the Lot Split Plat, the SIA, the ADU Deed Restriction, the City Code,
and the City’s representations actually mean something other than what they state in plain language
(and were told they mean) and for my client to suffer the financial consequences.
As a result, my client is requesting that you interpret section of the Code as it applies to removal
of West ADU from the West Unit, and that you do so such that mitigation fee is calculated at.38 FTE
of the Category 2 rate, as plainly set forth in Section 26.520.090.C of the Code and outlined above.
Given the exceptional and anomalous circumstances of this matter, we hope you find this to be a
reasonable and fair request.
Feel free to contact me with any questions you may have.
Very truly yours,
KARP NEU HANLON, P.C.
Jeffrey J. Conklin
JJC
Enclosures (12)
cc: Client
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ORDINANCE NO. 45
SERIES OF 1994)
N ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 918 EAST COOPER
AVENUE (LOTS M AND N, BLOCK 117, CITY AND TOWNSITE OF ASPEN AND
LOTS M, N, O AND P, BLOCK 35, EAST ASPEN ADDITION) ASPEN,
COLORADO
WHEREAS, pursuant to Sections 24-7-1003 and 24-
8-104 C., of the Municipal Code, a lot split is a
subdivision exemption and GMQS exemption reviewed
by City Council; and WHEREAS, the applicants, Susan
Phillips and Leticia Gordon have requested tosplit their approximate 12,
000 square foot parcel to create a
second residential parcel; and WHEREAS, the Planning
Department, Engineering Department and Parks Department have reviewed
the application and recommend approval of the lot
split with conditions; and WHEREAS, the Aspen City council
has reviewed and considered the subdivision exemption and GMQS
exemption under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those recommendations
made by the Planning Department and has taken and considered
public comment
at public hearing; and WHEREAS, the city Council finds that
the lot split, with conditions, meets or exceeds
all
applicable development standards;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: Pursuant to Sections 24-7-
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Municipal Code, and subject to those conditions of approval as
specified hereinafter, the City Council finds as follows in regard
to the subdivision exemption and GMQS exemption:
1. The applicant's submission is complete and sufficient to
afford review and evaluation for approval.
2. The subdivision exemption is consistent with the purposes of
subdivision which is to assist in the orderly and efficient
development of the city and safeguard the interests of the
public and the subdivider and provide consumer protection for
the purchaser.0
Se~tlon 2: Pursuant to the findings set forth in Section 1 above,
the City Council does hereby grant a subdivision exemption and GMQS
exemption for 918 East Cooper Avenue with the following conditions:
1. All material representations made by the applicant in the
application and during public meetings with the Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final
approval or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-
7-1004 of the Municipal Code and shall include but not
be limited to the
following:a. Thesurveyor's certificate or a note on the drawing
must state that all easements of record as indicated on
Title Policy No. __ , dated have been
shown.b. Two corners of the existing parcel are not indicated
as being monumented. The corners need to be monumented prior
to final plat approval. The interior monuments are required
to be set within one year of the sale of either
lot.c. Thesurveyor's certificate or a note on the plat needs
to state that the survey closes to1:10,
000.d. Adjacent, subdivided lots are required to be labeled
on the
plat.e. Area of the property to the nearest0.001 acre and
the zone
district.f. Language stating that the setback non-
conformities
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y
MEMORANDUM
TO:Mayor and Council
THRU:Amy Margerum, City Manager
THRU:Leslie Lamont, Deputy Planning Direct,
FROM:Kim Johnson, Planner
DATE:September 12, 1994
RE:Phillips /Gordon Subdivision Exemption, GMQS Exemption for
a Lot Split, First Reading Ordinance '1 S , Series of 1994
Consent Agenda)
SUMMARY:The applicants, Susan Phillips and Leticia Gordon,
request a lot split to create a second residential parcel.
Pursuant to Section 24 -7 -1003, a lot split is a subdivision
exemption and GMQS Exemption by Council.
LOCATION: 918 E. Cooper Ave. Lots M N Block 117 City and
Townsite of Aspen, and Lots M, N, 0 and P, Block 35, East Aspen
Addition) The parcel is approximately 12,000 square feet.
ZONING: R /MF Residential Multi- Family)
APPLICANT'S REQUEST: The request is for a subdivision exemption
to split the 12,000 square foot parcel into two 6,000 square foot
parcels. The underlying R /MF zone will allow a duplex on one of
the parcels. The other parcel must contain a single family home
per the requirements of the lot split process. The applicant
requests that the duplex may be developed on either of the new
lots. Please refer to Exhibit "A" for the proposed plat.
REFERRAL COMMENTS: Please see complete referral memos, Exhibit
B"
Parks: Rebecca Baker suggests that building envelopes should be
defined on proposed Lot 1 to protect the three large spruce trees
which exist on the property. Because of the location of the trees
and the desire to protect them, it would make sense to determine
that Lot 1 should be the parcel on which to build a single family
home and Lot 2 the duplex.
Engineering: 1) The Plat must meet the requirements of Section
24 -7 -1004 of the Municipal Code.
2) The applicant should sign a curb and gutter agreement prior to
approval of the plat.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24 -7 -1004 C.4.f.
4) Electric transformer easements shall be provided on private
property and shown on the plat
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5) The applicant shall agree to join any future improvements
districts for improvements in the public right -of -way.
6) Permits are necessary for any work in the right -of -way.
Historic Preservation:The relocation, demolition or partial
demolition of any of the historic inventory structures on the
parcel(s) must recieve review and approval by the Historic
Preservation Committee HPC). Approval of the lot split by City
Council does not negate HPC's review and determination of findings.
STAFF COMMENTS: There is an existing 780 s.f. single family
residence, a 360 s.f. building rented as a dwelling, a detached
garage and a storage shed on the parcel. These structures are on
the City's Historic Inventory, so demolition or relocation of the
buildings must be reviewed by the HPC. The shed and the rental
unit encroach into the alley. The shed, rental unit and the garage
encroach into the 5' rear yard setback required in the R /MF zone.
As mentioned in the Parks referral comments, there are three
significant spruce trees on proposed Lot 1. Any development which
causes removal or relocation of these trees must recieve a permit
from the Parks Department. It is recommended that the developer
protect the trees with barricades and prohibit all excavation and
construction to take place outside of the trees' driplines.
Lot Split criteria: The split of a lot for the purposes of the
development of one detached single- family dwelling is a subdivision
exemption by Council. In addition, the development of a single
family home on a lot formed by a lot split is also a GMQS Exemption
by Council. Pursuant to Sections 24-7 -1003 and 24 -8 -104 C., a lot
split subsequent to November 14, 1977 may be granted if all of the
following conditions are met:
A. The land is not located in a subdivision approved by either the
Pitkin County Board of County Commissioners of the city council,
or the land is described as a metes and bounds parcel which has
not been subdivided after the adoption of the subdivision
regulations by the City of Aspen on March 24, 1969.
RESPONSE: The property is in the original Townsite and East Aspen
Addition, thus is not located in a subdivision approved by either
the BOCC or Council, and has not been subdivided after 1969.
B. No more than two lots are created by the lot split, both lots
conform to the requirements of the underlying zone district and the
applicant commits that any lot for which development is proposed
will contain an accessory dwelling unit. When there is demolition
of the property which makes it subject to the provision of Article
5, Division 7, Replacement Housing Program, the standards of that
program shall supersede these requirements.
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RESPONSE: No more than 2 lots will be created by this lot split.
The two parcels will conform to the underlying R /MF zone district
requirements. HPC will review any demolitions or relocations of
the structures on either new parcel. Language stating HPC's review
requirement must be included on the plat.
Because the existing home and outbuildings conflict with the
proposed lot line bisecting the property, the Subdivision Exemption
Plat must reflect that any new development on the parcel will
require that these buildings conform to the required side yard
setbacks. This Plat note removes the need to have the existing
structures go before the Zoning Board of Adjustment for a variance
to the new setbacks or demolish the structure prior to recording
the plat.
Accessory dwelling units are required for the issuance of any
building permits for each parcel. The RMF zone district requires
a duplex to provide an accessory dwelling unit for each half of the
duplex. An accessory dwelling unit must be between 300 and 700
s.f. of net livable area. The applicant erroneously states that
the developer of the duplex has the discretion to choose affordable
housing mitigation by either providing one ADU, paying cash -in-
lieu, or restricting one of the halves of the duplex. These
options do not apply because the R /MF zone preceded the Ordinance
1 options cited by the application Section 8 -104 A.1.c.).
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to a GMQS Exemption by
Council.
RESPONSE:The subject parcel was not previously granted an
exemption under the provisions of Chapter 24, the Land Use section
of the Municipal Code.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of
applicable approvals pursuant to this article and growth management
allocation pursuant to Article 8.
RESPONSE: A subdivision plat and subdivision exemption agreement
shall be reviewed by the Planning and Engineering Departments and
shall be recorded within 180 days of final approval. Failure to
record the agreement and plat shall nullify the approval.
RECOMMENDATION: Staff recommends approval of the proposed lot
split with the following conditions:
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1. All material representations made by the applicant in the
application and during public meetings with the Council shall be
adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final approval
or subdivision approval is void.
3.The final plat shall meet the requirements of Section 24 -7-
1004 of the Municipal Code and shall include but not be limited to
the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No.dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. The interior monuments are required to
be set within one year of the sale of either lot.
c. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. Language stating that the setback non - conformities created
by the new lot line shall be eliminated during redevelopment
on the two lots to conform with the setback requirements of
the R /MF zone district.
g.Language stating that prior to the issuance of any
building permits the proposed development or redevelopment of
the property shall meet the storm runoff requirements of
Section 24- 7- 1004.C.4.f. This would provide for only historic
storm runoff to be permitted to leave the site.
h. Language stating that any new surface utility needs for
pedestals or other facilities shall be installed on an
easement provided by the applicant and not in the public
right -of -way.
i.Language stating that the relocation, demolition or
partial demolition of any of the historic inventory structures
on the parcel(s) must recieve review and approval by the
Historic Preservation Committee HPC). Approval of the lot
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split by City Council does not negate HPC's review and
determination of findings.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct curb and gutter if required by the
City in the future.
5. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right -of -way.
6. Lot owners shall consult city engineering for design
considerations of development within public rights -of -way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights -of -way from city streets department.
Approval of building permit plans does not constitute approval
of design or work in the public right -of -way.
7. An accessory dwelling unit for each principal dwelling unit
shall be approved prior to the issuance of any building permit
on each parcel, and a deed restriction shall be recorded with
the Pitkin County Clerk and Recorder. Copies of the deed
restrictions must be forwarded to the Planning Office prior
to Planning's approval of the building permits.
RECOMMENDED MOTION: I move to have first reading of Ordinance
le, Series of 1994 for the lot split subdivision exemption at 918
E. Cooper Avenue, Aspen Colorado."
I move to approve on first reading Ordinance S, Series of 1994."
Ordinancet./,S", Series of 1994.
EXHIBITS:
A. Proposed Plat
B. Referral Comments
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l
MEMORANDUM Q
TO:Mayor and Council
THRU:Amy Margerum, City Manager
THRU:Stan Clauso Community Development Director
FROM:Kim Johnson, Planner
DATE:October 24, 1994
RE:Phillips /Gordon Subdivision Exemption, GMQS Exemption for
a Lot Split, Second Reading of Ordinance 45, Series of
1994
SUMMARY:The applicants, Susan Phillips and Leticia Gordon,
request a lot split to create a second residential parcel.
Pursuant to Section 24 -7 -1003, a lot split is a subdivision
exemption and GMQS Exemption by Council.
X.nce first readi the determination has been made in
consu witF`i""legal staff that affor. -• ing,opti
new ,within Sec• on 8 -104 A.1.c inance 10
1990LJuc will be ap.o this lot sp
HMIs allows the 'Owner—to one of the following options for
each lot to be developed: deed restrict the single family residence
or one half of a duplex, provide an accessory dwelling unit, or pay
cash -in -lieu for the increase in floor area on the site.
Previously staff was directing that an accessory dwelling must be
pro r.an•d on the lots. Condition number 7
Ordinance 45 has been updated per this decision.
LOCATION: 911 E. Cooper Ave. Lots M N Block 117 City and
Townsite of Aspen, and Lots M, N, 0 and P, Block 35, East Aspen
Addition) The parcel is approximately 12,000 square feet.
ZONING: R /MF Residential Multi- Family)
APPLICANT'S equest is for a y.!% =" • sio aeon
to split th=k 12,000 square) of parcel into "- 0 6,000 square f••t
parcels. Th - _--F zone will allow
the parcels. The other parcel must contain a single family home
per the requirements of the lot split process. The applicant
requests that the duplex may be developed on either of the new
lots. Please refer to Exhibit "A" for the proposed plat.
REFERRAL COMMENTS: Please see complete referral memos, Exhibit
B"
Parks: Rebecca Baker suggests that building envelopes should be
defined on proposed Lot 1 to protect the three large spruce trees
which exist on the property. Because of the location of the trees
and the desire to protect them, it would make sense o determine
fl v.. 'ff 9'"f fr
J,
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that Lot 1 should be the parcel on which to build a single family
home and Lot 2 the duplex.
Engineering: 1) The Plat must meet the requirements of Section
24 -7 -1004 of the Municipal Code.
2) The applicant shall sign a curb and gutter agreement prior to
approval of the plat.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24 -7 -1004 C.4.f.
4) Electric transformer easements shall be provided on private
property and shown on the plat
5) The applicant shall agree to join any future improvements
districts for improvements in the public right -of -way.
6) Permits are necessary for any work in the right -of -way.
Historic Preservation:The relocation, demolition or partial
demolition of any of the historic inventory structures on the
parcel(s) must receive review and approval by the Historic
Preservation Committee HPC). Approval of the lot split by City
Council does not negate HPC's review and determination of findings.
STAPP COMMENTS: There is an existing 780 s.f. single family
residence, a 360 s.f. building rented as a dwelling, a detached
garage and a storage shed on the parcel. These structures are on
the City's Historic Inventory, so demolition or relocation of the
buildings must be reviewed by the HPC. The shed and the rental
unit encroach into the alley. The shed, rental unit and the garage
encroach into the 5' rear yard setback required in the R /MF zone.
As mentioned in the Parks referral comments, there are three
significant spruce trees on proposed Lot 1. Any development which
causes removal or relocation of these trees must receive a permit
from the Parks Department. It is recommended that the developer
protect the trees with barricades and prohibit all excavation and
construction to take place outside of the trees' driplines.
Lot Split criteria: The split of a lot for the purposes of the
development of one detached single - family dwelling is a subdivision
exemption by Council. In addition, the development of a single
family home on a lot formed by a lot split is also a GMQS Exemption
by Council. Pursuant to Sections 24 -7 -1003 and 24 -8 -104 C., a lot
split subsequent to November 14, 1977 may be granted if all of the
following conditions are met:
A. The land is not located in a subdivision approved by either the
Pitkin County Board of County Commissioners of the city council,
or the land is described as a metes and bounds parcel which has
not been subdivided after the adoption of the subdivision
regulations by the City of Aspen on March 24, 1969.
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RESPONSE: The property is in the original Townsite and East Aspen
Addition, thus is not located in a subdivision approved by either
the BOCC or Council, and has not been subdivided after 1969.
B. No more than two lots are created by the lot split, both lots
conform to the requirements of the underlying zone district and the
applicant commits that any lot for which development is proposed
will contain an accessory dwelling unit. When there is demolition
of the property which makes it subject to the provision of Article
5, Division 7, Replacement Housing Program, the standards of that
program shall supersede these requirements.
RESPONSE: No more than 2 lots will be created by this lot split.
The two parcels will conform to the underlying R /MF zone district
requirements. HPC will review any demolitions or relocations of
the structures on either new parcel. Language stating HPC's review
requirement must be included on the plat.
Because the existing home and outbuildings conflict with the
proposed lot line bisecting the property, the Subdivision Exemption
Plat must reflect that any new development on the parcel will
require that these buildings conform to the required side yard
setbacks. This Plat note removes the need to have the existing
structures go before the Zoning Board of Adjustment for a variance
to the new setbacks or demolish the structure prior to recording
the plat.
As mentioned in the summary section of this memo, staff has made
the determination that the 1990 affordable housing mitigation
requirements of Ordinance 1 (Section 24 -8 -104 A.1.c.) supersede the
1988 requirements that each lot created by a lot split must provide
an accessory dwelling unit. However, if an accessory dwelling unit
is proposed, it must receive approval as required by the land use
regulations. Otherwise, Ordinance 1 allows for other options
including deed restriction of the new units or payment of cash -
in -lieu for new floor area on the parcel.Ordinance 1 also
supersedes the RMF zone district requirement that a duplex must
provide an accessory dwelling unit for each half of the duplex.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to a GMQS Exemption by
Council.
RESPONSE:The subject parcel was not previously granted an
exemption under the provisions of Chapter 24, the Land Use section
of the Municipal Code.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of
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applicable approvals pursuant to this article and growth management
allocation pursuant to Article 8.
RESPONSE: A subdivision plat and subdivision exemption agreement
shall be reviewed by the Planning and Engineering Departments and
shall be recorded within 180 days of final approval. Failure to
record the agreement and plat shall nullify the approval.
RECOMMENDATION: Staff recommends approval of the proposed lot
split with the following conditions:
1. All material representations made by the applicant in the
application and during public meetings with the Council shall be
adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final approval
or subdivision approval is void.
3.The final plat shall meet the requirements of Section 24 -7-
1004 of the Municipal Code and shall include but not be limited to
the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No.dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. The interior monuments are required to
be set within one year of the sale of either lot.
c. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. Language stating that the setback non - conformities created
by the new lot line shall be eliminated during redevelopment
on the two lots to conform with the setback requirements of
the R /MF zone district.
g.Language stating that prior to the issuance of any
building permits the proposed development or redevelopment of
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the property shall meet the storm runoff requirements of
Section 24- 7- 1004.C.4.f. This would provide for only historic
storm runoff to be permitted to leave the site.
h. Language stating that any new surface utility needs for
pedestals or other facilities shall be installed on an
easement provided by the applicant and not in the public
right -of -way.
i.Language stating that the relocation, demolition or
partial demolition of any of the historic inventory structures
on the parcel(s) must receive review and approval by the
Historic Preservation Committee HPC). Approval of the lot
split by City Council does not negate HPC's review and
determination of findings.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct curb and gutter if required by the
City in the future.
5. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right -of -way.
6. Lot owners shall consult city engineering for design
considerations of development within public rights -of -way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights -of -way from city streets department.
Approval of building permit plans does not constitute approval
of design or work in the public right -of -way.
7. Affordable housing mitigation pursuant to the options stated
in Section 24 -8 -104 A.1.c. shall be required for each lot.
If an accessory dwelling unit will be developed on a lot, it
shall be approved prior to the issuance of any building
permit, and a deed restriction shall be recorded with the
Pitkin County Clerk and Recorder.Copies of the deed
restrictions must be forwarded to the Planning Office prior
to Planning's approval of the building permits.
RECOMMENDED MOTION: I move to approve Ordinance 45, Series of
1994 for the lot split subdivision exemption at 918 E. Cooper
Avenue, Aspen Colorado."
Ordinance Series of 1994.
EXHIBITS:
A. Proposed Plat
B. Referral Comments
5
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NOTICE OF PUBLIC HEARING
RE: Appeal, Interpretation of Title
Public Hearing: December 18, 2017, 5:00 PM
Meeting Location: City Hall, Council Chambers
130 S. Galena St., Aspen, CO 81611
Description: City Council shall hear and decide an appeal of an interpretation of
the Aspen Land Use Code issued by the Director of Community
Development on October 9, 2017, and noticed in the Aspen Times
on October 19, 2017. The interpretation relates to Section
26.520.090.C.; Removal of an ADU.
Land Use Reviews Req: Appeal, Interpretation of Title
Decision Making Body: City Council
Applicant: Roy Martayan Revocable Trust
Represented by Jeffrey Conklin of Karp Neu Hanlon, P.C.
201 14th Street, Suite 200
PO Drawer2030
Glenwood Springs, CO 81602
More Information: For further information related to the project, contact Ben
Anderson at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429.2765,
Ben.Anderson@cityofaspen.com.
Published in the Aspen Times on November 23, 2017.
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November 17, 2017
Mr. Roy Martayan
Roy Martayan Revocable Trust
1111 Kane Concourse, 211
Bay Harbor Islands, FL 33154
RE: Appeal of an Interpretation, Removal of an ADU
Dear Mr. Martayan,
As required per Section 26.316.030.D; Notice Requirements, of the City of Aspen Land Use Code,
this letter serves as notice that a public hearing will be held on Monday, December 18, 2017, to
begin at 5:00 p.m., before the Aspen City Council, City Council Chambers, City Hall, 130 S.
Galena St., Aspen. The purpose of the hearing is to consider an appeal of an Interpretation that
Jeffrey Conklin of Karp Neu Hanlon, submitted on your behalf.
The Interpretation was issued in response to a Request for a Land Use Code Interpretation. The
Interpretation (issued October 9, 2017) determined that ADUs established as mitigation for both
units of a duplex shall require mitigation for each individual duplex unit, in order for one, 600
square foot unit to be removed. Consequently, the mitigation required to remove the unit is .75
FTE, Category 2, Affordable Housing Credits or equivalent cash-in-lieu. For further information,
please feel free to contact me at 970.429.2780 or by email at Jessica.Garrow@cityofaspen.com. A
memo that details the staff response to your appeal will be emailed to Mr. Conklin in advance of
the City Council meeting.
Regards,
Jessica Garrow
Community Development Director
Cc: Mr. Jeffrey Conklin
Karp Neu Hanlon, P.C.
101 South Mill Street
Aspen, CO 81611
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834 W. Hallam Street
Staff Memo – 12.18.17
Page 1 of 3
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Justin Barker, Senior Planner
THRU: Jessica Garrow, Community Development Director
RE: Resolution # 178, Series of 2017 - 834 W. Hallam Street – Fee Waiver Request
MEETING DATE: December 18, 2017
____________________________________________________________________________
APPLICANT:
834 W. Hallam LLC
REPRESENTATIVE:
Stan Clauson Associates
LOCATION:
834 W. Hallam Street
SUMMARY:
The Applicant requests a waiver of the
following fees:
· Impact Fees
· Planning Review Fee
· Permit Fees
REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting City Council approval of the following:
• Impact Fee waiver, pursuant to Land Use Code Section 26.610.100, Waiver of Fees.
• Planning Review Fee waiver for this application, pursuant to Land Use Code Section
26.104.070, Land Use Application Fees.
• Building Permit Fee waiver, pursuant to Municipal Code Section 2.12.100,
Miscellaneous Fee Schedules – Building and Planning.
PROJECT SUMMARY:
The applicant has received approvals to restore and relocate the historic structure and develop a
100% affordable housing project on the site. The project consists of the following units: one 1-
bedroom, two 2-bedrooms, three 3-bedrooms, and one 4-bedroom. The project is also approved
for the creation of Certificates of Affordable Housing Credit for 18.75 FTEs.
IMPACT FEE WAIVER:
The Land Use Code authorizes City Council to exempt or to reduce by any amount the TDM/Air
Quality Impact Fee and the Parks Development Impact Fee for affordable housing development.
The restored historic structure is exempt from impact fees as an incentive for historic
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834 W. Hallam Street
Staff Memo – 12.18.17
Page 2 of 3
preservation. The applicant requests a waiver of the impact fees for the non-historic portion of
the project.
The estimated impact fees for this project are as follows (note: impact fees are calculated at the
time of building permit submittal; therefore the fees below reflect the regulations currently in
effect):
TDM/Air Quality Fee:
3,961 sq. ft. Floor Area x $0.61 = $2,416.21
Parks Development Fee:
3,961 sq. ft. Floor Area x $5.45 = $21,587.45
Total Impact Fees: $24,003.66
The ability to request a waiver or reduction of Impact Fees for an affordable housing
development has been in place since the Park Dedication impact fee was adopted in 1979. The
Air Quality/TDM impact fee was adopted in 2006.
The Snyder Park Affordable Housing project received a waiver of Parks Dedication fees in 1998.
Neither Truscott nor 7th and Main were granted Parks Dedication fee waivers; however, it is
unclear as to whether waivers were requested. In 2005, Burlingame was granted a waiver of
Park Development fees in exchange for the dedication of 195 acres of land. More recently, the
Aspen Valley Hospital requested and was denied a waiver of impact fees. Peter Fornell
requested and was denied fee waivers for the affordable housing project at 518 W. Main Street.
The City partnership affordable housing projects at 517 Park Circle and 802 W. Main Street
requested fee waivers which were also denied.
This is a policy discussion for City Council. Waiving or reducing impact fees encourages and
supports affordable housing development; on the other hand, it displaces the impacts associated
with Parks Development and Transportation Demand Management/Air Quality.
OTHER FEES:
The Applicant is also requesting waiver of the Planning review fee for the fee waiver application
and applicable permit fees. The estimated fees are as follows:
Planning Review Fee:
Approx. 4 hours @ $325/hour = $1,300 (additional/less hours are billed/refunded at
$325/hour)
Permit Fees:
This is a complex fee schedule, and the request for this fee reduction was received without
adequate time to calculate the approximate fees. An estimation of these fees will be provided at
the Council meeting on December 18.
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834 W. Hallam Street
Staff Memo – 12.18.17
Page 3 of 3
The planning and permit fees have never been granted a full waiver for an affordable housing
project. If Council is interested in supporting a reduction in these fees, staff recommends using
the fee schedules for non-profit organizations, which are outlined below.
Planning Review Fees:
Total Fees <$2,500 100% Fee Waiver
Total Fees $2,500 - $10,000 50% Fee Waiver
Building Permit Fees:
Project Valuation <$5,000 100% Fee Waiver
Project Valuation $5,000 to $250,000 50% Fee Waiver
Project Valuation >$250,000 No Fee Waiver
Applicable Building Permit Fees include Building Plan Check, Energy Code, Permit Fees,
Engineering, Parks, and Utilities Review Fees. Building Permit Fee waivers shall not exceed a
combined value of $15,000.
EXHIBITS:
A. Application
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City Council
Resolution No. 178, Series 2017
Page 1 of 2
RESOLUTION NO. 178
(SERIES OF 2017)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING WAIVER OF
IMPACT FEES FOR 834 W. HALLAM STREET, LOTS K & L, BLOCK 10, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273512304002
WHEREAS, the Community Development Department received an application from 834
W. Hallam LLC (Applicant), represented by Stan Clauson Associates, Inc., for the following
land use review approval:
· Impact Fee Waiver, pursuant to Land Use Code Section 26.610.100, Waiver of Fees; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application, July 24, 2014, as applicable to this Project; and,
WHEREAS, the City Council finds that the request for impact fee waiver meets or exceeds
all applicable development standards; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, AS FOLLOWS:
Section 1: Impact Fees
City Council hereby waives the Parks Development and TDM/Air Quality impact fees as
required by Section 26.610 of the Land Use Code. This waiver shall only be applicable for the
project approved by HPC Resolutions No. 24, Series of 2016, No. 14, Series of 2017, and City
Council Ordinance No. 27b, Series of 2016.
Section 2: Other Fees
City Council hereby waives the Planning Review Fees and Building Permit Fees, for the
approved project as cited in Section 1 above, according to the fee schedules outlined below.
Planning Review Fees:
Total Fees <$2,500 100% Fee Waiver
Total Fees $2,500 - $10,000 50% Fee Waiver
Building Permit Fees:
Project Valuation <$5,000 100% Fee Waiver
Project Valuation $5,000 to $250,000 50% Fee Waiver
Project Valuation >$250,000 No Fee Waiver
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City Council
Resolution No. 178, Series 2017
Page 2 of 2
Applicable Building Permit Fees include Building Plan Check, Energy Code, Permit Fees,
Engineering, Parks, and Utilities Review Fees. Building Permit Fee waivers shall not exceed a
combined value of $15,000.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department and the Historic Preservation
Commission are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by other specific conditions or an
authorized authority.
Section 4:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
FINALLY, adopted, passed and approved this 18th day of December, 2017.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ __________________________
James R. True, City Attorney Steven Skadron, Mayor
ATTEST:
_________________________
Linda Manning, City Clerk
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN_LAND USE CODE
ADDRESS OF PROPERTY—, /^
�� %1`lP��n1 ST ( 4V�iEZ Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
lAaaa2aDSvc_ (4�+4`t^ 5 2012
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or r presenting an Applicant tot City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E)'of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section.of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, ,which was not less than twenty-two (22) inches wide and twenty-six
(26)"inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15)days prior to the public hearing
on the day of , 20 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
--,Mailing-of, notice: By the mailing of a notice obtained from the Community
--Development Department, which contains the information described in Section
26 304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
r `fp rdp'aidiUlS`:riidiF�o'rall owners of property within three hundred (300) feet of the
! a�properrtty,,subject,ito,,;thejdevelopment application. The names and addresses of
L,gpropertycowners sha11?b6 those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner.Notice.' By the certified'nailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses,of,mineral estate,owners shall'be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject tdthis notice requitement.-,
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be,
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map' or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However the,
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Signature
The foregoing"Affidavit of Notice"was acknowledged before me this / day
of i 2017, by
(� 17 HAND AND OFFICIAL SEAL
THE cnv�or Asee� y nexpires: ,
NOTICE OF PUBLIC HEARING
RE:330 E Main Street,Hotel Jerome_
Public Hearing: Monday,December 18th,2017;5:00 PM NICOLE ELIZABETH HENNING
Meeting Location: City Hall,City Council Chambers NOTARY PUBLIC•STATE OF COLORADO
130 S.Galena St.,Aspen,CO 81611 Notary Identilicetion$20154012950
Project Location: 330 E Main Street- My Commission Expires 3131/2019.
Legal Description Parcel ID:273707321004;Legally Described as Lots, —I and Lots 0-S, ABLE: \ -
_ - and the easterly 20 feet of Lot N and the easterly 170 feet of the vacated
alley all in Block 79,City and Townsite of Aspen,Pitkin County,Colorado.
Description: The Hotel Jerome is requesting a Temporary Use approval to allow for IGN)
temporary tents to be erected on the Main Street Courtyard and Mill Street AL AGENCIES NOTICED
terrace at various times throughout the year.Temporary use requests that
exceed seven(7)days require approval by City Council,and City Council
may grant up to ten(10)annual recurrences.The applicant is requesting L ESTAE OWNERS NOTICE
use of tent structures for-thirty-seven(37)events per year,for five(5) ,
consecutive years. -
Land Use Reviews Req: Temporary and Seasonal Uses,Commercial Design Review,and a Growth
Management Review for Temporary Uses and Structures -
Decision Making Body:- - City Council _
Applicant: - Iconic Properties—Jerome,L.L.C.,1375 Enclave Pkwy,Houston,TX 77077 2
More Information: For further information related to the project,contact Garrett Lanmer at
_ the City of Aspen Community Development Department,130 S.Galena St., -
Aspen,CO,(970)429.2739,Garrett.Ladmer@cityofaspen.com.
Published in the Aspen Times on December 1,2017 -
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ,
,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
lte> , 2017
STATE OF COLORADO )
) ss.
County
of Pitkin )
I, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the day of 20 , to and including the date and time
�of the public hearing. A photograph of the posted notice (sign) is attached hereto.
V Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
/V,4 Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of'public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested,to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more
than one lot, and new Planned Developments are subject to this notice
requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
�Sit;rdgcd
The foregoing"Affidavit of Notice" was acIowlbefore me this Aay
of awhg4C 20VJ, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
KAR N REED PATTERSON (�
NOTARY PUBLIC n h �p'
STATE OF COLORADO ` "
NOTARY ID#19964D02767 Notary u l�ic
My Commission Expires February 15,2D2o
ATTACHMENTS AS APPLICABLE:
• COPYOFTHEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BYC.R.S. §24-65.5-103.3
THE CITY OF ASPEN
City of Aspen
130 S. Galena Street, Aspen, CO 81611
p: (970) 920.5000
f: (970)920.5197
w: www.aspenpitkin.com
NOTICE OF PUBLIC HEARING
RE: 330 E Main Street, Hotel Jerome
Public Hearing: Monday, December 18th, 2017; 5:00 PM
Meeting Location: City Hall, Council Chambers
130 S. Galena St., Aspen, CO 81611
Project Location: 330 E Main St., Parcel ID: 273707321004; Legally Described as
Lots A— I and Lots O—S, and the easterly 20 feet of Lot N and the
easterly 170 feet of the vacated alley all in Block 79, City and
Townsite of Aspen, Pitkin County, Colorado.
Description: The Hotel Jerome is requesting a Temporary Use approval to allow
for temporary tents to be erected on the Main Street Courtyard
and Mill Street terrace at various times throughout the year.
Temporary use requests that exceed seven (7) days require
approval by City Council, and City Council may grant up to ten (10)
annual recurrences. The applicant is requesting use of tent
structures for thirty-seven (37) events per year, for five (5)
consecutive years.
Land Use Reviews Req: Temporary and Seasonal Uses, Commercial Design Review, and a
Growth Management Review for Temporary Uses and Structures
Decision Making Body: City Council
Applicant: Iconic Properties—Jerome, L.L.C., 1375 Enclave Pkwy, Houston, TX
77077
More Information: For further information related to the project, contact Garrett
Larimer at the City of Aspen Community Development Department,
130 S. Galena St., Aspen, CO, 970.429.2739,
garrett.larimer@cityofaspen.com
Pitkin County Mailing List of 300 Feet Radius
From Parcel: 273707321004 on 11/29/2017
tTKIN
COUNTI
Instructions:
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
Disclaimer:
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
hftp://www.pitkinmapsandmore.com
HILLSTONE RESTAURANT GROUP INC 225 NORTH MILL ST LLC CARLS REAL ESTATE LLC
3539 NORTHSIDE PKWY 1530 BROADWAY 4TH FL PO BOX 1365
ATLANTA,GA 30327 NEW YORK,NY 10036 ASPEN,CO 81612
MINERS REAL ESTATE LLC BANK MIDWEST N A 232 EAST MAIN STREET LLC
PO BOX 1365 1111 MAIN ST#2800 2001 N HALSTED#304 .,
ASPEN,CO 81612 KANSAS CITY,MO 64105 CHICAGO,IL 60614
ALH HOLDING CO 232 BLEEKER LLC ASPEN BRANCH HOLDINGS LLC
435 E MAIN ST 2385 NW EXECUTIVE CTR OR#370 3033 E FIRST AVE
ASPEN,CO 81611 BOCA RATON,FL 33431 DENVER,CO 80206
1543 LLC CATHEDRAL CUTTHROAT LLC AJAX JMG INVESTMENTS LLC
1543 WAZEE ST#400 5601 HIGH DR 9401 WILSHIRE BLVD 9TH FL
DENVER,CO 80202 MISSION HILLS,KS 66208 BEVERLY HILLS,CA 902122974
JAFFE JONATHAN&KAREN CRMX-236 LLC CANTINA BUILDING LLC
88 EMERALD BAY PO BOX 1031 PO BOX 1247
LAGUNA BEACH,CA 92651 DILLON,MT 59725 ASPEN,CO 81612
MONARCH BUILDING LLC PEARCE FAMILY TRUST PEARCE MARGARET A
PO BOX 126 216 E MAIN ST 216 E MAIN ST
WOODY CREEK,CO 81656 ASPEN,CO 81611 ASPEN,CO 81611
CITY OF ASPEN PUBLIC FACILITIES AUTH 303 EAST MAIN LLLP 360 HEXAGON LLC
130 S GALENA ST PO BOX 8016 119 HYSLOP RD
ASPEN,CO 81611 ASPEN,CO 81612 BROOKLINE,MA 02445
WELLS FARGO BANK ICONIC PROPERTIES JEROME LLC HODGSON PATRICIA H FAMILY TRUST
PO BOX 2609 1375 ENCLAVE PKWY 212 N MONARCH ST
CARLSBAD,CA 92018 HOUSTON,TX 77077 ASPEN,CO 81611
HODGSON PHILIP R PUPPY SMITH LLC ISIS BUILDING LLC
212 N MONARCH ST 602 E COOPER#202 602 E COOPER#202
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
MILL 8 MAIN LLC MADDEN WALTER ROSS MYRIN CUTHBERT L JR
3235 HARBOR VIEW DR 218 N MONARCH ST PO BOX 12365
SAN DIEGO,CA 92106 ASPEN,CO 81611 ASPEN,CO 81612
CHALAL JOSEPH B ASPEN COMM UNITED METHODIST CHURCH ASPEN FIRE PROTECTION DISTRICT
1005 BROOKS LN 200 E BLEEKER ST 420 E HOPKINS AVE
DELRAY BEACH,FL 334836507 ASPEN,CO 81611 ASPEN,CO 81611
CITY OF ASPEN PITKIN COUNTY BANKERS MORTGAGE CORP
130 S GALENA ST 123 EMMA RD#204 1616 ORCHARD AVE
ASPEN,CO 81611 BASALT,CO 81621 GRAND JUNCTION,CO 81501
HODES ALAN 8 DEBORAH WHITMAN RANDALL A KREVOY SUSANNE BELZBERG SP TRUST
19951 NE 39TH PLACE 4845 HAMMOCK LAKE DR 2311 LA MESA DR
AVENTURA,FLA 33180 CORAL GABLES,FL 33156 SANTA MONICA,CA 90402
OSA TRUST GARRITY LAUREN N ROCKHILL BRITTANIE
2311 LA MESA DR 415 RIO GRANDE PL#102 PO BOX 10261
SANTA MONICA,CA 90402 ASPEN,CO 81611 ASPEN,CO 81612
COLE REBECCA NEWLON LLC COMMUNITY BANKS OF COLORADO
415 RIO GRANDE PL#202 PO BOX 1863 1111 MAIN ST#2800
ASPEN,CO 81611 ASPEN,CO 81612 KANSAS CITY,MO 641052154
GANT CONDOMINIUM ASSOCIATION INC ERNEMANN ANDREW 8 ASHLEY HENDERSON JAMES C
610 S WEST END ST 39 POLECAT DR 4880 HARLEM RD
ASPEN,CO 81611 ASPEN,CO 81611 GALENA,OH 43021
KUCK KATHERINE M LESTER JIM LEWITES JORDAN
4880 HARLEM RD 395 SOUTH END AVE#29N 2728 MCKINNON ST#1317
GALENA,OH 43021 NEW YORK,NY 10280 DALLAS,TX 75201
SMITH GARY W BOHNETT MARSHA ANN TRUST DANIELS SIMON B
800 W 5TH ST#606 10780 NAVAJO WY 431 E HYMAN AVE
AUSTIN,TX 78703 OREGON CITY,OR 97045 ASPEN,CO 81611
HENRY WILLIAM STONE REV TRUST FAREY SIOBHAN C STAPLE GREGORY C
3382 TURNBURY OR 7903 CURTIS ST 7903 CURTIS ST
RICHFIELD,OH 44286 CHEVY CHASE,MD 20815 CHEW CHASE,MD 20815
KRIBS KAREN REV LIV TRUST GETTMAN ROSA H TRUST GALENA PLAZA CONDO ASSOC
PO BOX 9994 88824 BLUE HERON RD 420 E MAIN ST
ASPEN,CO 81612 SEASIDE,OR 971384811 ASPEN,CO 81611
GARRETT GULCH EQUITY VENTURE LLC MONARCH HOUSE LLC CJB REALTY INVESTORS LLC
501 MORRISON RD#100 120 SW 8TH ST 6544 WENONGA CIR
GAHANNA,OH 43230 MIAMI,FL 33130 MISSION HILLS,KS 66208
SEMRAU FAMILY LLC SEGUIN BUILDING CONDO ASSOC ISIS THEATRE CONDO ASSOC
300 S SPRING ST 4203 COMMON AREA COMMON AREA
ASPEN,CO 816112806 304 E HYMAN AVE 406 E HOPKINS AVE
ASPEN,CO 81611 ASPEN,CO 81611
LE VOTAUX 11 CONDO ASSOC ASPEN FILM ISIS GROUP
COMMON AREA 110 E HALLAM ST#102 2301 N MERIDIAN AVE
117 N MONARCH ST ASPEN,CO 81611 MIAMI,FL 33140
ASPEN,CO 81611
MILL 8 MAIN MILL STREET CONDO ASSOC JPS NEVADA TRUST
COMMON AREA COMMON AREA 1701 N GREEN VALLEY PKWY#9C
ASPEN,CO 81611 RIO GRANDE PL HENDERSON,NV 89074
ASPEN,CO 81611
SEDOY MICHAEL SHVACHKO NATALIA 308 EAST HOPKINS CONDO ASSOC
35 SUTTON PL#19B 35 SUTTON PL#19B COMMON AREA
NEW YORK,NY 10022 NEW YORK,NY 10022 308 E HOPKINS AVE
ASPEN,CO 81611
PEGOLOTTI DELLA ROCKING LAZY J PROPS LLC 208 MAIN LLC
202 E MAIN ST 202 E MAIN ST 623 E HOPKINS AVE
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
ELM 223 LLC 223 HALLAM LLC MAIN STREET LANDLORD LLC
PO BOX 360 1315 MOUNTAIN VIEW DR 625 E HOPKINS
ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81611
426 EAST MAIN LLC M&G CONDO ASSOC BLEEKER MILL DEVELOPMENT LLC
623 E HOPKINS AVE 426 E MAIN ST 345 PARK AVE 33RD FL
ASPEN,CO 81611 ASPEN,CO 81611 NEW YORK,NY 10154
201 N MILL ASSOCIATES LLC SOUTHWEST JLK CORP ASPEN MARCH LLC
730 E DURANT AVE#200 301 COMMERCE ST#1600 715 W MAIN ST#201
ASPEN,CO 81611 FORT WORTH,TX 761024116 ASPEN,CO 81611
KLAUSNER FAMILY REV TRUST HANEY DEVELOPMENT CO LLC CHAFFEY DUAN
26020 ELENA RD PO BOX 6680 518 W MAIN ST#B205
LOS ALTOS,CA 94022 DENVER,CO 802061327 ASPEN,CO 81611
MARTIN BRADFORD NEAL JR LAYNE MATTHEW&KRISTIN BROWN KIM
518 W MAIN ST#8205 201 NORTH MILL ST#2A 201 N MILL ST#102
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 816111557
SCHIRATO JASON P SHORT DIANA&CAMERON MILL BUILDING CONDO ASSOC
201 N MILL ST#102 201 N MILL ST#2C 201 N MILL ST
ASPEN,CO 816111557 ASPEN,CO 81611 ASPEN,CO 81611
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060(E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY: /�
/iLR1/y Aspen,CO
SCHEDULED PUBLIC HEARING DATE:
4e 207
STATE OF COLORADO )
) ss.
County of P/ nn
itld
/ )
1, �1� � 4 (name,please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
d0ys prior to the public hearing. A copy of the publication is attached hereto.
V/Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height Said notice was posted at least fifteen(15)days prior to the public hearing
on the,�jrday of j� , 20ZZto and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26304.060(E)(2)of the Aspen Land Use Code. At least fifteen(15)days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred(300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty(60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreacb,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested,to affected mineral estate owners by at least thirty(30)days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more
than one lot, and new Planned Developments are subject to this notice
requirement.
Rezoning or text amendment Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title,or whenever the text of this Title is to be amended,whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Si lure
The foregoingg"Affidavit of Notice"was aclmowledg before me this day
of Auer, Iso/ 20 /t,by /t, fAo-y 41- D14.H1
WITNESS MY HAND AND OFFICIAL SEAL
My commission exp'
Notary Publ
ATTACHMENTS AS APPLICABLE:
• COPYOFTREPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICA TION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BYC.R.S§24-65.5-103.3
Is m>, c v '?�, '' d s �� a '.�•` P � K. ...1,..^«,o�,..t�
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.Date a, December'18th 2017 a
-5:00 PM
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T- � � ity,Hall, 130 S-Galena
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`Iconic Properties Jerome LLC `1375 "-
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Enclave Pkwy, Houston TX 77077 A ��, t:,� o
Is requesting Temporary Use, Growth�i �,
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Nlana ement, and Commercial
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s '. y Design reviews for special event _` .�
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tents on this site The applicant
requests City Council approve the
^ temporary tents for (37) events
' 'annum for 5 °'consecutive ,rears : .
FV1r ' For further informa��un contact Ashen °
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THE CITY OF ASPEN
City of Aspen
130 S. Galena Street,Aspen, CO 81611
p: (970) 920.5000
f: (970)920.5197
w: www.aspenpitkin.com
NOTICE OF PUBLIC HEARING
RE: 330 E Main Street, Hotel Jerome
Public Hearing: Monday, December 18th, 2017; 5:00 PM
Meeting Location: City Hall, Council Chambers
130 S. Galena St.,Aspen, CO 81611
Project Location: 330 E Main St., Parcel ID: 273707321004; Legally Described as
Lots A—I and Lots O—S, and the easterly 20 feet of Lot N and the
easterly 170 feet of the vacated alley all in Block 79, City and
Townsite of Aspen, Pitkin County, Colorado.
Description: The Hotel Jerome is requesting a Temporary Use approval to allow
for temporary tents to be erected on the Main Street Courtyard
and Mill Street terrace at various times throughout the year.
Temporary use requests that exceed seven (7) days require
approval by City Council, and City Council may grant up to ten (10)
annual recurrences. The applicant is requesting use of tent
structures for thirty-seven (37) events per year, for five (5)
consecutive years.
Land Use Reviews Req: Temporary and Seasonal Uses, Commercial Design Review, and a
Growth Management Review for Temporary Uses and Structures
Decision Making Body: City Council
Applicant: Iconic Properties-Jerome; L.L.C., 1375 Enclave Pkwy, Houston, TX
77077
More Information: For further information related to the project, contact Garrett
Larimer at the City of Aspen Community Development Department,
130 S. Galena St., Aspen, CO, 970.429.2739,
garrett.larimer@cityofaspen.com