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HomeMy WebLinkAboutagenda.council.regular.20060925 CITY COUNCIL AGENDA September 25, 2006 5:00 P.M. I. Call to Order II. Roll Call III. Moment of Silence IV. Scheduled Public Appearances a) Green Leadership Award Presentation V. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) VI. Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VII. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #77,2006 - CIRSA Renewal b) Resolution #78,2006 - Red Brick Management Agreement Amendment c) Resolution #79,2006 - Low-Income Energy Assistance Act d) Resolution #80,2006 - Information Services IGA e) Resolution #81,2006 - Supporting County Ballot Question 1 B f) Resolution #82,2006 - Supporting County Ballot Question 1A g) Resolution #83,2006 - Opposing State Amendment #40 - Judicial Term Limits h) Minutes - September 11,2006 VIII. First Reading of Ordinances a) Ordinance #39,2006 - Aspen Institute Conference Center SPA Amendment P.H. 10/23 IX. Public Hearings a) Ordinance #36, 2006 - Jewish Community Center Subdivision b) Ordinance #38,2006 - Extension of Moratorium X. Action Items XI. Adjournment Next Regular Meeting October 10,2006 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. VIla MEMORANDUM TO: Mayor and Council RE: September II, 2006 Resolution # ~ Acceptance of 2007 Property/Casualty Insurance Policy Renewal Premium Quote FROM: Peggy Carlson, Risk Manager THRU: Paul Menter, Finance Director DATE: SUMMARY: This resolution authorizes the City Manager to execute the acceptance of CIRSA's premium quote for the 2007 renewal of the City's property/casualty insurance Coverage (Attachment A). I recommend that Council approve the resolution. PREVIOUS COUNCIL ACTION: None. DISCUSSION: The proposed CIRSA coverage for 2007 includes property coverage (including auto damage), liability coverage (including general liability, auto liability, law enforcement liability and public officials errors and omissions liability), and crime coverage which insures the City for theft of money, employee dishonesty, etc. FINANCIAL IMPLICATIONS: Staff requested that CIRSA provide the 2007 quote based on the same deductibles per claim that were in place in 2006. The deductibles are $10,000 for liability claims, $5,000 for auto liability (damage to a third party vehicle), $10,000 for auto physical liability (damage to a City vehicle) and $10,000 for property damage. The 2006 premium for this coverage was $305,948. The quote for 2007 is $324,324. The increased premium has been built into the 2007 budget. Insurance premiums have increased in the last few years in general, particularly in the areas of public officials and police liability. The City's premiums have increased due to increased property loss and liability exposures, increased operating expenses and some significant claims over the past three and one-half years that still affect the premium. RECOMMENDATION: I recommend that the City Council authorize the City Manager to execute the acceptance ofCIRSA's 2007 insurance premium quote in the amount of$324,324. AL TERNA TIVES: A decision to withdraw from CIRSA would require the City to look for another insurance carrier. In the current insurance market, there are very few, if any carriers who are willing to insure municipalities. The other option would be to self- insure for all losses. PROPOSED MOTION: "I move to approve Resolution # ~ authorizing the City Manager to execute the Acceptance ofthe premium quote for the City of Aspen's 2007 CIRSA property/casualty insurance." CITY MqAGER COMMENTS: ~ ~~....r-Q~~ ~ Attachment: A - Proposed 2007 Property/Casualty Coverages B - 2007 Property/Casualty Preliminary Contribution Quote C - Acceptance of Preliminary Quote RESOLUTION NO. :::r::r (SERIES OF 2006) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING THE RENEWAL OF THE CIRSA PROPERTY/CASUALTY INSURANCE POLICY FOR THE CITY OF ASPEN FOR 2007, AND AUTHORIZING THE CITY MANGER TO EXECUTE THE ACCEPTANCE OF THE PREMIUM QUOTE ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council the Premium Quote for 2007 CIRSA Property/Casualty Insurance Policy for the City of Aspen, Colorado, a copy of which is annexed hereto and part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves the CIRSA Premium Quote for 2007 Property/Casualty Insurance Policy for the City of Aspen, Colorado, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Acceptance of Premium Quote on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of the that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held , 2006. Kathryn S. Koch ATTACHMENT A PROPOSED 2007 PROPERTY/CASUALTY COVERAGES The types and monetary limits of the proposed coverages to be provided to CIRSA Property/Casualty . members for the applicable coverage period(s) are generally described below. The scope, terms, conditions, and limitations of the coverages are governed by the applicable excess and/or reinsurance policies, the CIRSA Bylaws and Intergovernmental Agreement, and other applicable documents. I. TYPES OF COVERAGES (subject to the limit on CIRSA's liability as described in Section II below): A. Property coverage (including auto physical damage) B. Liability coverage: 1. General liability 2. Automobile liability 3. Law enforcement liability 4. Public officials errors and omissions liability C. Crime coverage (including employee dishonesty and theft of money and securities) II. CIRSA RETENTIONS, Loss FUNDS, AGGREGATE LIMITS, AND MEMBER DEDUCTlBLES: For the coverages described in Section I, CIRSA is liable only for payment of the applicable self- insured retentions and only to a total annual aggregate amount for CIRSA members as a whole of the amount of the applicable CIRSA loss fund for the coverage period. There is no aggregate excess coverage over any loss fund. Coverages in excess ofCIRSA's self.insured retentions are provided only by the applicable excess insurers and/or reinsurers in applicable excess and/or reinsurance policies, and shall be payable only by those excess insurers and/or reinsurers. The limits of coverage provided by the excess insurers and/or reinsurers for the coverage period shall be described in the coverage documents issued to the members. Aggregate and other limits shall apply as provided in said documents. A. CIRSA PROPOSED SELF-INSURED RETENTIONS FOR THE COVERAGE PERIOD: I. $500,000 per claim/occurrence property 2. $500,000 per claim/occurrence liability 3. $500,000 each and every claim Public Officials liability 4. $150,000 per claim/occurrence crime B. CIRSA Loss FUND AMOUNTS FOR THE COVERAGE PERIOD: Loss fund amounts are as adopted or amended from time to time by the Board of Directors based on the members in the Property/Casualty Pool for the year and investment earnings on those amounts. Information on the current loss fund amounts is available from the Chief Financial Officer. Attachment A (continued) C. PROPOSED EXCESS INSURANCE LIMITS FOR THE COVERAGE PERIOD: 3. Excess crime (optional): to $501 million each claim/occurrence to $5 million each claim/occurrence (except excess auto liability: to $1.5 million each claim/occurrence); $10,000,000 annual aggregate for public officials errors and omission liability to $2 million per claim/occurrence I. Excess property: 2. Excess liability: D. MEMBER DEDUCTlBLES: A member-selected deductible shall apply to each of the member's claims/occurrences. Payment of the deductible reduces the amount otherwise payable under the applicable CIRSA retention. Allocated loss adjustment expenses are included in the member deductible. III. Loss CONTROL STANDARDS AUDIT SCORE CREDIT CIRSA members who received a Loss Control Standards Audit Score of 0.85 or higher in 2006, and renew their membership in 2007, are eligible for a Loss Control Standards Audit Score Credit. Refer to ATTACHMENT B for the amount of this credit, if any. Under the Loss Control Standards Audit Score Credit Program, you have three options for utilizing this credit. You may: A. Place the amount in your Loss Control Credit Account, to be used as reimbursement for approved safety-related purchases; or B. Credit the amount against your 2007 contribution; or C. Receive the amount in the form of a check in January 2007. IV. Loss CONTROL CREDIT ACCOUNT The Board has approved member's use of any balance in the Loss Control Credit Account, except any Special Credit monies, to pay 2007 contributions. Your entity's balance in this account on August 17, 2006, if any, is shown on ATTACHMENT B. This is an optional credit. You can elect to use all or any portion of the credit balance (except Special Credit monies) available. If elected, the credit can onlv be applied to your 2007 contribution. V. PURSUIT AND EMERGENCY VEHICLE OPERATIONS CREDIT PROGRAM CIRSA members with a police department, who have adopted a policy with the three key provisions ofCIRSA's Sample Pursuit and Emergency Vehicle Operations Policy and renew their membership in 2007, are eligible for a Pursuit and Emergency Vehicle Operations Credit in 2007. Refer to ATTACHMENT B for the amount of this credit, if any. Under the Pursuit and Emergency Vehicle Operations Credit Program, you have three options for utilizing this credit. You may: A. Place the amount in your Loss Control Credit Account, to be used as reimbursement for approved safety-related purchases; or Attachment A (continued) B. Credit the amount against your 2007 contribution; or C. Receive the amount in the form of a check in January 2007. VI. PRELIMINARY QUOTATION FOR 2007 PROPOSED PROPERTy/CASUALTY COVERAGES The preliminary quotation is shown in ATTACHMENT B. It is for the proposed coverages along with administrative costs, claims servicing fees, and a reserve fund contribution, if applicable. The quote contemplates the exposures stated in your 2007 renewal application and all Application Amendment Requests received by CIRSA through August 17, 2006 and includes the deductible options you requested. Do not pay the amount of this preliminary quotation. It is provided only for your information and to provide a basis upon which you can decide whether to continue Property/Casualty coverage through CIRSAfor 2007. Final invoices for 2007 will be mailed to members on January I. 2007. VII. ACCEPTANCE PROCEDURES Please complete the enclosed acceptance form indicating your decision for 2007, and return it to the CIRSA office on or before Friday, September 29, 2006. Failure to return the form in time may result in the imposition of penalties under CIRSA Bylaw Article XIV upon withdrawal. You may fax the acceptance form to CIRSA at (800) 850-8950 and follow with a hard CODV bv mail. VIII. WITHDRAWAL PROCEDURES (if applicable) The enclosed Article XIV of the CIRSA Bylaws describes withdrawal procedures from CIRSA. Written notice of withdrawal must be received by CIRSAno later than Friday, September 29, 2006, for a withdrawal without penalty effective January 1, 2007. Article XIV should be read in its entirety for any penalties, which would otherwise apply. Withdrawing members who subsequently apply to rejoin CIRSA may be subject to such terms and conditions as established by the CIRSA Board of Directors. C:Q f-< 1E ~ ~ f-< ~ .~ - '" - o ::l ~O' o o 6 -< ~.- ,b::l ~,D 7Jl ""B ~5l" ~ '" 0 ~~u Uf~ P- .10 2 S A..;..= " .... ~ t- o o '" " .8 - ~ o ~ g. 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'fi) 0 '" '" ~ ..0 X 001.() " "'O~~EA ~~ " ..... ~ " .- P- ..... 0 0 2 '" " .... o " "'" 0 .. o..{J] p.. f-<O E 00 ~ z.~ lU c..> '" " o ll)~'~ " '.0 -:0 "0 .~ .~ P;< f-<._ ,,~ ::I1 <-0 (),.p " " " f-< ~.gOCd to"'" >- iU ..E oS ::l S o"t:liUl-o < '" " o !3 ~ ~" ".;; >'0 f-< 15~.;;o ~>, 0 P;< Z .....l el 0 f-< Q U ~ ~ Q < ~ CJ Q < Acceptance of Preliminary Property/Casualty Quotation Attachment C MUST BE RECEIVED AT THE CIRSA OFFICE ON OR BEFORE FRIDAY, SEPTEMBER 29,2006 Complete, sign, and return this form if your entity has decided to accept CIRSA's Preliminary Property/Casualty Quotation for 2007. ******************************************************************************* ACCEPTANCE OF PRELIMINARY PROPERTY/CASUALTY QUOTATION This is to notify CIRSA that the City of Aspen accepts the following preliminary quotation for property/casualty coverage for 2007 (check and fill in as applicable): The City of Aspen accepts the preliminary 2007 quotation of $ ..S? f; d<iJ ';I- with the same deductibles as 2006 (listed below): $ 10.000 Liability Deductible* $ 5.000 Auto Liability Deductible $ 10.000 Property Deductible $ 10.000 Auto Physical Damage Deductible The City of Aspen accepts the preliminary 2007 quotation of $ with new deductibles of: Liability Deductible* Auto Liability Deductible Property Deductible Auto Physical Damage Deductible $ $ $ $ * A $500 deductible quotation is offered to members, if requested, for property, auto physical damage, auto liability and general liability. However, police professional and public officials errors and omissions deductibles cannot go below $1,000. AUTOMOBILE MEDICAL PAYMENTS, PREMISES MEDICAL PAYMENTS AND UNINSUREDIUNDERINSURED MOTORIST OPTIONAL COVERAGE Based upon the selections made in your 2007 Property/Casualty Renewal Application, the City of Aspen has elected: Not to participate in Automobile Medical Payments Coverage, and Not to participate in Premises Medical Payment Coverage, and To participate in UninsuredlUnderinsured Motorist Coverage. If this is incorrect, or you wish to change your selection at this time, please contact your underwriting representative at (800) 228-7136 or (303) 757-5475. ** Indicates the selection is a change from your entity's selection in 2006. Acceptance of Preliminary Property/Casualty Quotation Page 2 Attachment C (continued) Loss CONTROL STANDARDS AUDIT SCORE CREDIT Please indicate below how you would like to utilize your 2007 Loss Control Standards Audit Score Credit, if applicable: Apply the credit towards our 2007 Property/Casualty contribution. Apply the credit towards our 2007 Workers' Compensation contribution. 1- Deposit the credit in our Loss Control Credit Account on January 1,2007. Send us a check for the amount of the credit after January I, 2007. Loss CONTROL CREDIT ACCOUNT Please indicate below how you would like to utilize your Loss Control Credit Account Balance, if applicable: Apply $ contribution. of the credit towards our 2007 Property/Casualty Apply $ of the credit towards our 2007 Workers' Compensation contribution. L Keep the full amount in our Loss Control Credit Account and do not reduce our contribution. PURSUIT AND EMERGENCY VEHICLE OPERATIONS CREDIT Please indicate below how you would like to utilize your 2007 Pursuit and Emergency Vehicle Operations Credit, if applicable: Apply the credit towards our 2007 Property/Casualty contribution. Apply the credit towards our 2007 Workers' Compensation contribution. j... Deposit the credit in our Loss Control Credit Account on January 1, 2007. Send us a check for the amount of the credit after January 1, 2007. Acceptance of Preliminary Property/Casualty Quotation Page 3 Attachment C (continued) THIS IS NOT A BILL. AN INVOICE WILL BE SENT ON JANUARY 1. 2007. The undersigned is authorized to accept this preliminary quotation on behalf of the City of Aspen. We accept this preliminary quotation for January I, 2007 to January 1, 2008. We understand our final invoice may increase/decrease depending upon the number of C1RSA Property/Casualty members for 2007, actual excess insurance premiums, and any changes made to our 2007 renewal application. Signature: Title: Date: Vllb THE CITY OF ASPEN Memorandum To: Through: City Council Paul Menter, Director of Finance and Administrative Services From: Scott Newman, CF A, Senior Financial Analyst - Debt and Investment Management Date: 8/28/2006 Re: Red Brick Management Agreement Summary: Finance Staff is seeking approval for restructuring of the current management agreement between the City of Aspen and the Red Brick Center for the Arts. The new agreement restructures the Red Brick's current Agreement with the City and extends it through 2015. Under the restructured agreement, the annual lease obligation will be increased from $65,000 to $84,000 through December 31 sl 2008 with an increase to $84,714 through August 2015. Additionally, the Red Brick is requesting that they be permitted to increase their management fee from 12% to 15% of total building revenues monthly. Background: Council adopted Resolution No. 81, Series of2003 on amending and extending the original Management Agreement between the City of Aspen and the Red Brick Center for the Arts. The following defines the terms of the original agreement: rents,fees, and all other income derivedfrom the rental and/or use of the Building and Property shall be collected and paid to the Red Brick Center. From such revenues the Red Brick Center shall pay to the City an annual sum of $65,000.00 to help defray the original purchase price of the Building and original improvements and shall be entitled to collect and retain from revenues a monthly management fee on the amount of twelve (12%) of total building revenues as compensation for its management services as described herein.. In February, 2005 Council directed Staff to proceed with the west end improvements at the Red Brick Center through an inter-fund loan to the Asset Management department. The Red Brick Board of Directors has agreed to repay the City for the principal portion of this financing as an additional component to their original contract as evidenced by the extension period noted above. This financing strategy is consistent with the terms and conditions of the existing management agreement between the City and the Red Brick. Recommendation: Finance Staff recommends the approval ofthe restructured management agreement. RESOLUTION NO. trb Series of2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND THE RED BRICK CENTER FOR THE ARTS, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Management Agreement between the City of Aspen and the Red Brick Center for the Arts, a true and accurate copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Management Agreement between the City of Aspen and the Red Brick Center for the Arts, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf ofthe City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2006. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certifY that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT is made and entered into by and between the City of Aspen, Colorado, a municipal corporation ("City"), and the Red Brick Center for the Arts, a Colorado nonprofit corporation ("Red Brick Center"), and executed on the date( s) as specified below. WIT N E SSE T H: WHEREAS, the City is to purchase and secure title to that building and property commonly known as the Red Brick Arts and Recreation Center, and more particularly described in Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, the building and property are to be purchased by the City to afford a long-term home for arts and other non-profit groups and for other community uses; and WHEREAS, the City's intention and desire is to allow the Red Brick Arts and Recreation Center to be used, operated, maintained, managed and supported as much as possible by community groups and citizens as a community center and not simply as another governmental service center; and WHEREAS, the Red Brick Center is a volunteer, citizen-based non-profit organization familiar with the needs and desires of the arts and nonprofit community; and WHEREAS, the Red Brick Center desires to participate with the City and community in the operation and management of the Red Brick Arts and Recreation Center in accordance with the terms and conditions as set forth below; and WHEREAS, the City and the Red Brick Center are authorized and willing to enter into this agreement for the purposes as described herein. NOW, THEREFORE, in consideration of the mutual promises herein contained, the City and the Red Brick Center agree as follows: 1. MANAGEMENT SERVICES The City hereby retains the Red Brick Center to provide all management services necessary to operate and maintain the Red Brick Arts and Recreation Center and property, exclusive of those portions of the building occupied, used and maintained by the City for recreational purposes (the "Property"), in an efficient and cost- effective manner (See Exhibit B). Management services as provided by the Red Brick Center shall include the following: I. The Red Brick Center shall use its best efforts to rent space within the Red Brick Arts and Recreation Center ("Building"), exclusive ofthose portions of the Building to be occupied and maintained by City, to qualified tenants on terms satisfactory to the City with the goal of maintaining a one-hundred percent (100%) occupancy rate at all times. Pursuant thereto, the Red Brick Center shall negotiate and execute on behalf of the City all leases and tenancies, including extensions and renewals. The Red Brick Center shall utilize form leases approved by the City for all tenant leases. Attached hereto and fully incorporated herein as Exhibit C is an addendum listing tenant qualification and rental conditions to be utilized in tenant selection and rental agreements. The Red Brick Center shall not enter into any lease with any tenant for a lease of term ofless than one (I) year or more than five (5) years without the written consent of the City. 2. The Red Brick Center shall be solely responsible for the operational management and maintenance of the Property. The Red Brick Center shall use its best efforts to insure that the Building and surrounding premises are maintained in an attractive and safe condition and in good repair. "Maintenance" shall mean to include the provision of utility services to the Building (i.e., heat, water, electricity, sewer, and gas), cleaning, painting, grass cutting, landscaping, snow removal from accessways, parking areas and outdoor walkways, non-structural repairs, including repairs to lighting, hearing, plumbing, electrical and ventilation facilities, refUse disposal, window and door replacement, the purchase of supplies and materials necessary thereto, and other work reasonably related to mitigate the wear and tear and aging of the Property. The Red Brick Center shall not be responsible for structural repairs and capital improvements. Such repairs and improvements shall be made in accordance with Section II herein. Red Brick Center shall be responsible for promptly and courteously responding to all citizen complaints relating to the Red Brick Arts and Recreation Center and reporting to the City as to the disposition of each complaint. 3. The Red Brick Center shall use its best efforts to promptly collect all rents, deposits and other income derived from the rental of space in the Building, and execute and serve such notices and demands as necessary to collect delinquent rents or secure compliance with rental terms from tenants. Pursuant to these duties, the Red Brick Center shall be authorized to the extent permitted by law, ant its cost, to undertake, compromise or terminate such legal actions in the name of the City as it may deem necessary to collect delinquent rents, deposits, or costs, recover possession of any rented premises, or secure compliance with rental terms from non-complying tenants. No other form oflegal action may be instituted, compromised, or terminated by the Red Brick Center on behalf of the City without the prior written consent of the City as obtained through the office of the City Attorney. Any and all attorney's fees or costs awarded to the City as part of any judgment of court order against a tenant shall be the property of the Red Brick Center. II. STRUCTURAL REPAIRS AND CAPITAL IMPROVEMENTS The City and Red Brick Center jointly acknowledge that the Building will have undergone, at the City's cost, significant and extraordinary structural repairs and capital improvements immediately prior to he Red Brick Center's assumption of its management duties as provided for under this agreement. In the event additional or future structural repairs and/or capital improvements to the Building or premises are required as determined by the City and upon the advice of the Red Brick Center, involving such matters as the roof, exterior walls, interior bearing walls, the building foundation, the plumbing, water, sewer, electrical, hearing and/or ventilation systems, including replacement of fixtures and equipment, then the City shall be responsible therefore utilizing such monies as have been set aside for such repairs and/or improvements in the capital reserve fund as provided for below. In the event of insufficient capital reserves, the City may, in its sole and exclusive discretion, utilize other funds within its control to undertake such necessary repairs and/or improvements, so long as such expenditures are reimbursed to the City in a reasonably timely fashion from income derived from the rental or other income-producing use of the Property. Prior to the City exercising its discretion to utilize other funds for capital improvements, the City shall take into consideration efforts undertaken by the Red Brick Center to raise funds for capital improvements from fund raising and/or grants undertaken by the Red Brick Center. Should a disagreement arise between the parties concerning the necessity of any structural repair or capital improvement, the City shall have ultimate decision-making authority with regard to same. III. AMERICANS WITH DISABILITIES ACT OF 1990 Notwithstanding any other provision as contained within this agreement, the parties acknowledge and agree that the City shall be solely responsible to undertake any necessary modifications or improvements to the Building or Property as may be required at any time in the future by reason of the Americans With Disabilities Act of 1990 ("Act"). Moreover, the parties agree that the Red Brick Center shall not be responsible for indemnifying the City for any actions, civil or otherwise, arising from the use of the Building or Property and brought to enforce compliance by the City with the provisions of the Act. Should the City determine or be required to undertake modifications to the Building and/or Property by reason of the Act, then the City may draw upon the capital reserve fund as established under the terms of this agreement to pay for the cost of such modification. IV. BUILDING INCOME DISBURSEMENT A. DEBT SERVICE AND OPERATIONS/MAINTENANCE RESERVE PAYMENT Rents, fees, and all other income derived from the rental and/or use of the Building and Property shall be collected by and paid to the Red Brick Center. From such revenues the Red Brick Center shall pay to the City an annual sum of$84,OOO through 2008 and $84,714 through 2015 to help defray the original purchase price of the Building and original and subsequent improvements. Such amount shall be paid in monthly installments of$7,000.00 and $7,059.50, due on or before the 1st day of the month next following collection. Failure of the Red Brick Center to timely and fully pay this annual sum shall constitute a material breach of the agreement. B. OPERATING EXPENSES AND MAINTENANCE After payment to the City of the amount as specified in Paragraph A above, the Red Brick Center shall utilize Building revenues and income to defray normal regular operating expenses and maintenance, including utility costs, as more particularly described in Section I (2) above. C. MANAGEMENT FEES The Red Brick Center, after the payment of the amounts as specified in Paragraphs A and B above, shall be entitled to collect and retain from revenues a monthly management fee in the amount of fifteen percent (15%) of total building revenues as compensation for its management services as described herein. In addition to the management fee set forth above, the Red Brick Center shall be authorized to occupy 225 square feet of space in the property rent-free. D. CAPITALRESERVEFUND After the disbursements as specified in Paragraphs A, B and C above, the Red Brick Center shall pay any and all remaining collected revenues into a capital reserve fund. Such reserve fund shall be in the name ofthe City and shall be applied as necessary to defray the costs of capital repairs and/or improvements as described in Sections II and III above over the life of the property. V. RECORDS AND REPORTS The Red Brick Center shall keep up-to-date books and records that reflect all revenues and all expenditures incurred in connection with the management and operation of the Property. The books, accounts, and records shall be maintained at the principal place of business of the Red Brick Center. The Red Brick Center shall, during regular business hours, make the books, accounts, and records required to be maintained hereunder available to the City, or other representatives of the City, for examination and audit by appointment on no less than one day's notice. The Red Brick Center shall furnish to the City, no later than the end of the next succeeding month, a detailed statement of all revenues and expenditures for each preceding month, which shall reflect rents and other income received and expenses incurred. All invoices, statements, purchase orders, and billings received or paid during such preceding month, as well as such other information relating to the operation or management of the property as the City deems pertinent will be made available for City review at any time. The Red Brick Center shall submit an annual written report to the City on or before November I of each year. Such report shall accurately reflect all revenues and expenses associated with the operation and maintenance of the Property during the preceding year. Simultaneously, the Red Brick Center shall submit a budget and operating plan for he Property for the forthcoming year, including plans for any capital expenditures or improvements. Upon the expiration or other termination of this agreement, the Red brick Center shall prepare a final written report of all revenues and expenditures associated with the operation of the Property within sixty (60) days and deliver same to the City along with all books, ledgers, document and other records pertaining thereto. VI. BANK ACCOUNTS A. OPERATIONS TRUST ACCOUNT The Red Brick Center shall deposit all revenues from the Property into a general property management trust fund with the Red Brick Center as trustee. The trust account shall be maintained at all times in a national or state bank that is a member of the Federal Deposit Insurance Corporation. The Red Brick Center shall not commingle any of the revenues or other income derived form the operations ofthe Property with any funds or other property of the Red Brick Center. The Red Brick Center shall pay all operation and management expenses and other costs with respect to the Property from the trust account. B. TENANT SECURITY DEPOSIT TRUST ACCOUNT Funds collected by the Red Brick Center as security and/or damage deposits from tenants shall be deposited in a separate trust account maintained in a national or state bank that is a member of the Federal Deposit Insurance Corporation. No other funds shall be deposited or commingled with the rental security or damage deposit funds. Any interest earned on funds held in the tenant security deposit trust account shall e deposited in the operations trust account described above. The tenant security deposit trust account fund shall be utilized for no purpose other than to hold and reimburse tenant security and/or damage deposits in accordance with C.R.S. Section 38-12-101, et. seQ. VII. EMPLOYEES Red Brick Center shall employ, discharge and supervise all persons and contractors as required for the efficient operation and maintenance of the Property. Such persons shall not be construed as employees or contractors of the City when employed or hired by the Red Brick Center. Red Brick Center shall be solely responsible to pay all wages, fees and costs associated therewith. The Red Brick Center shall exercise reasonable care in the hiring of all employees and contractors. VIII. BONDING All employees or agents of the Red Brick Center that handle or are responsible for monies, income or other revenue arising from or associated with the operation of the Property shall be bonded by a fidelity as approved by the City. IX. INDEMNIFICATION AND INSURANCE The Red Brick Center agrees to indemnity, defend and hold harmless City, its employees, officers and agents from and against any and all claims or suits for property loss or damage and/or personal injury or loss, including death, to any and all persons, whether real or asserted, arising out of or in connection with the maintenance, leasing, use or occupancy of the Property. The Red Brick Center shall, likewise, indemnity City for all injury or damage to the Property or equipment arising from the use, occupancy or maintenance of same, whether caused by the Red Brick Center, its employees, agents, or invitees, or other third persons, including tenants. Nothing herein, shall be construed to impose liability or responsibility upon the Red Brick Center for the negligent or intentional acts or omissions ofthe City or its employees. During the full term of this lease, Red Brick Center, at its sole cost and expense, shall also cause all the Property and improvements on the Property to be kept insured, without co-insurance clauses, to the full insurable value against the perils of wind storm, hail, lightning, explosion, fire and like perils. "Full insurance value" means the cost, as ofthe date ofloss, for replacement of the damaged or destroyed property in a new condition with materials oflike size, kind and quality. The insurance shall stand as primary insurance for the Property and be procured from a company authorized to do business in the State of Colorado and be satisfactory to the City. All policies as required herein shall contain a waiver of subrogation by the insurer against City. If, absent negligence or fault on the part of the Red Brick Center, the Property shall be damaged by fire or other catastrophe so as to render said premises wholly untenantable, and if such damage is so great that a competent licensed architect in good standing in Pitkin County, Colorado, as selected by the City within thirty (30) days from the date ofloss, shall certity in writing to the City and the Red Brick Center that the Property, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening of the occurrence of the damage, then this agreement may terminate and City may re-enter the Property and take possession. The Red Brick Center shall subordinate its rights and interests in any insurance proceeds as provided for in any insurance policy as required by this agreement. If, however, the damage is not such as to prevent reoccupation and use of the Property within ninety (90) days, then repairs thereto shall be undertaken by City with all reasonable speed to restore the Property to its former condition and the agreement shall remain in effect. The Red Brick Center's right to receive a management fee, during those time periods wherein the Property is unfit for normal busi~ss activities due to fire or other catastrophe, and/or repair activities non-renewal, cancellation or material change in a policy by the insurer shall be delivered to City thirty (30) days in advance of the effective date. X. USES OF THE PROPERTY The Property shall be used for art, non-profit and other community uses and tenants of the Property shall be selected accordingly consistent with those eligibility criteria as set forth in Exhibit C attached hereto. No use or activity not authorized as provided for in this agreement shall be permitted on the Property. The Red Brick Center shall, furthermore, not allow any use or activity which may be prohibited by any insurance policy/coverage applicable to the Property. Red Brick Center shall also not permit the erection or display of any sign(s) or other advertising device without first having secured written permission therefore form the City Manager. Finally, the Red Brick Center agrees to comply with all laws ordinances, rules and regulations that may pertain or apply to the Property and its use. In performing under the agreement, Red Brick Center shall not discriminate against any worker, employee or job applicant, or any member of the public, because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional or sexual orientation, family responsibility or political affiliation, nor otherwise commit an unfair employment practice. XI. DEFAULT AND TERMINATION OF AGREEMENT If the Red Brick Center shall fail to timely comply with any of the terms or conditions of this agreement or any notice given under it, or shall fail to obtain and maintain the rental of more than 50% of the leasable space of the Building for a period of time in excess of ninety (90) days (excluding time periods for repair), or should the Red Brick Center become insolvent, or shall have or attempt to make an assignment for the benefit of creditors, or if any of its property shall be attached and such attachment is not property released, or if execution be issued against it, or if a petition be filed by or against it to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed to take charge of its assets, or should the Red Brick Center fail to enforce the terms and conditions of tenant leases for space in the Building, the City may at any time afterwards treat such act or omission as a breach of this agreement, enter onto the Property and assume full operational management thereof to the exclusion of the Red Brick Center. Any breach, default or failure by the Red Brick Center to perform any of the duties or obligations assumed by it under this agreement shall be cause for termination of the agreement by City in the manner set forth in this paragraph. City shall deliver to Red Brick Center thirty (30) days prior written notice of its intention to terminate this agreement, including in the notice a reasonable description of the breach, default or failure. If within that thirty (30) days the Red Brick Center shall fail or refuse to cure adjust or correct the breach, default or failure to the reasonable satisfaction of City, the City shall have the right to declare this agreement terminated and all rights, powers and privileges of the Red Brick Center as provided through the agreement shall cease, and the Red Brick Center shall immediately vacate the entire Property and shall make no claim of any kind against City by reason of the termination. The thirty (30) days' prior written notice shall be conclusively determined to have been delivered to the Red Brick Center by the posting of same upon the main business entrance to the Property or at the time it is deposited in the U.S. Mail, certified postage prepaid, addressed to Executive Director, Red Brick Center for the Arts, , Aspen, Colorado 81611, or such other address as previously designated in writing by the Red Brick Center. Any failure by City to so terminate this agreement as herein provided after the breach, default or failure by Red Brick Center to adhere to the terms of the agreement shall not be deemed or construed to be a waiver or continuing waiver by City of any rights to terminate the agreement for any present or subsequent breach, default or failure. XII. CONDEMNATION If during the term of this agreement, or any renewal of it, the whole or past of the Property, or such portion as will make the Property unusable, be condemned by public authority, including City, for public use, then this agreement shall cease as ofthe date of the vesting of title in the Property in such condemning authority, or when possession is given to such authority, whichever event occurs first. The Red Brick center shall not be entitled to any part of any condemnation award for the value of the unexpired term of this agreement or for any other estate or interest in the Property, such amount belonging entirely to City. XIII. OPTIONAL IMPROVEMENTS AND ALTERATIONS The Red Brick Center, upon city's written consent, may, at its own expense and utilizing its own funds, make reasonable and necessary alterations or improvements to the Property. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the premises. All alterations, additions and improvements made in or to the Property shall be the property of City and remain and be surrendered with the Property upon termination of this agreement. The Red Brick Center agrees that prior to any construction or installation of alterations, additions or improvements, Red Brick Center shall post on the Property, in a conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of City and shall notity City of such posting and the exact location of same. Perfection of a mechanic's lien against the Property as a result of the Red Brick Center's acts or omissions may be treated by City as a material breach ofthis agreement. City also reserves the right, from time to time, at its own expense and by its officials, employees and contractors, to make such alterations, renovations or repairs in and about the Property as City deems necessary or desirable. City shall provide reasonable notice to the Red Brick center in advance of any intent to undertake alterations or repairs as authorized in this paragraph and all work shall be performed at such times as mutually agreed to between the parties so as to eliminate or minimize any disruption of the operation of the Property. XIV. TERM OF AGREEMENT The term of this agreement shall commence on January I, 2006, and shall terminate on August 31, 2015. It is anticipated by the parties that two (2) months before the expiration date of this agreement the parties shall confer to determine (I) the appropriateness of renewing this agreement for a new term, (2) amending the agreement, (3) entering into an entirely new agreement, or (4) terminating the relationship between the parties. If the parties are unable to decide upon an appropriate course of action at tne end ofthe term of this agreement, then this agreement shall continue on a month-to- month basis until a new term and/or agreement has been established. The City shall maintain the option and unqualified right to terminate the services ofthe Red Brick Center and this agreement upon the expiration of the terms and/or after any month-to- month term as provided for hereinabove XV. N/A XVI. PARKING MITIGATION The Red Brick Center agrees to monitor and control the parking on-site based on the following requirements: a. No free parking shall be provided on-site on tenants. b. Tenants shall have the option of leasing two (2) on-site parking spaces, cost to be determined by Red Brick Center and required to be more than the daily cost at the parking garage. c. Red Brick Center shall designate free spaces for qualified carpools. d. All on-site spaces not leased to tenants or assigned to carpools shall be signed with the 2-hour limited for Red Brick Center for the Arts visitors. e. Brick Center shall be responsible for enforcing all of the parking issues above. XVIII. MISCELLANEOUS A. PERSONAL LIABILITY The City acknowledges and agrees that the individuals comprising the Board of Trustees for the Red Brick Center shall not be responsible in their personal and individual capacities for the performance of the terms and conditions as set forth in this agreement and shall, likewise, not be personally liable for the collection or payment of funds as provided for, except that nothing herein shall e construed to relieve individual Board Members from acts or omissions of a willful, malicious or illegal nature. The parties further agree that his provision shall act as an absolute bar and defense to the commencement of any action or claim against Board Members in their personal and individual capacities by the City, except where such action or claim involves verified allegations of willful, malicious or illegal conduct. Any attempt by the City to assert a claim against one ore more of the Board Members in their individual or personal capacities, and which does not involve verified allegations of willful, malicious and/or illegal conduct, shall cause the City to pay reasonable attomey's fees and costs incurred by those against whom such a claim is asserted. B. NOTICES All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, addressed as follows: Executive Director Red Brick Center for the Arts Aspen, CO 81611 With a copy to: Legal Counsel Ifto City: City of Aspen, Colorado 130 South Galena Street Aspen, CO 81611 Attention: City Manager With a copy to: City Attorney 130 South Galena Aspen, CO 81611 C. SEVERABILITY In the event any provision of this agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. D. AMENDMENTS The terms of this agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the City and the Red Brick Center. E. EXECUTION IN COUNTERPARTS This agreement may be executed in two counterparts, each of which shall be an original and both of which shall constitute but one and the same instrument. F. APPLICABLE LAW This agreement shall be governed by and construed in accordance with the laws of the State of Colorado and any action arising therefrom shall be maintained in the County or District Court in and for Pitkin County. G. CAPTIONS The captions or headings in this agreement are for convenience of reference only and in no way define, limit or describe the scope or intent of any provision or sections of this agreement. H. WAIVER The failure of the city to take action with respect to any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition. I. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the City and the Red Brick Center. No waiver, consent, modification or change ofterms of this agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein regarding this agreement or the Property. J. ADDITIONAL DOCUMENTS The parties further agree to execute and deliver such additional documents and agreements as necessary to carry out the intent of this agreement. K. NO THIRD PARTY BENEFICIARIES This agreement is not intended to create any right in or for the public, or any member of the public, including any subcontractor supplier, or any other third party, or to authorize anyone not a party to this agreement to maintain a suit to enforce or take advantage of its terms. L. ATTORNEY'S FEES If any action at law or in equity shall be brought to recover any payment under this agreement, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. M. NO REMEDY EXCLUSIVE No remedy herein conferred upon or reserved to the City is intended to be exclusive and every such remedy shall be cumulative and in addition to every other remedy given under this agreement or existing at law or in equity. No delay or omission hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised form time to time and as often as may be deemed expedient. N. RED BRICK CENTER FOR THE ARTS AS NON-PROFIT The Red Brick Center hereby represents that it is a not-for-profit organization incorporated under the laws of the State of Colorado, that it is operated exclusively for charitable purposes as those terms are defined by Article X, Section 5 of the Colorado Constitution, and that it has received tax exempt status from the Internal Revenue Service pursuant to Section 501(c)(3) of the IRS Code. Any change or attempt to change the non-profit status of the Red Brick Center shall be reported in writing to the City immediately. CITY OF ASPEN By: Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk WITNESS: 9119/2006-G:\newman\red brick\redbrick-management.doc RED BRICK CENTER FOR THE ARTS By: Title: Date MEMORANDUM Vile TO: Mayor and Council Members FROM: Phil Overeynder, Public Works Director ~ Steve Barwick, City Manager CC: CC: John Worcester, City Attorney DATE: September 19, 2006 RE: Low-Income Energy Assistance Act - Compliance by Municipalities SUMMARY: Council approval of the attached resolution would find that Colorado's Low-Income residents are experiencing a heavy energy cost burden and that the Colorado Low-Income Energy Assistance Program (LEAP) needs additional funds to match the level of energy assistance funding provided to needy families, seniors and disabled residents. This resolution also finds that the City of Aspen agrees to participate in the Energy Outreach Colorado program by contributing $3,000 annually. The City of Aspen would comply with the recently enacted Low-Income Energy Assistance Act as a result of this action. PREVIOUS COUNCIL ACTION: Council approved an appropriation of $150,000 for 2006 energy efficiency projects. BACKGROUND: The City of Aspen has been working with Energy Outreach Colorado since 1997 and we have funded to cost of creating, printing and distributing donation solicitations on behalf of Energy Outreach since 2000. In the past, an average of$I,OOO per year has been collected by Energy Outreach from City of Aspen customers, which was less than the amount, (approximately $2,800 per year) spent to distribute these notices to city utility customers. The Colorado Legislature passed the Low-Income Energy Assistance Act to afford a stable revenue stream to Energy Outreach Colorado, which will provide these services on a statewide basis. The Act also provides a mechanism for municipalities to develop their own program and to certify compliance with standards established in the Act. Energy Outreach Colorado is a nonprofit agency that raises money to help poor Coloradans pay their utility bills and assist with energy efficiency projects for low-income residents to avoid high energy bills. In total, the agency plans to contribute as much as $9 million this year for energy assistance. Of that, $2.15 million went to the Colorado arm of the federal Low Income Energy Assistance Program (LEAP) and the remainder will go to other emergency assistance organizations across the state. Energy Outreach Colorado is presently the only statewide organization with funding available to help residents manage home energy costs. 1 DISCUSSION: The City's current program is not an efficient way of providing energy assistance to low-income families since more is spent on advertising than is received in donations. Staff's recommendation to rectify this is to continue with the same expenditure level of approximately $3,000 annually but to eliminate advertising in favor of a direction donation to the statewide program. This equates to a little more than $1 per electric customer per year. CURRENT ISSUES: Legislation passed in 2005 to increase funding for energy assistance in Colorado goes into effect September 1, with the more than 60 energy utilities operating in the state launching a variety of new initiatives. The new law requires that utility companies offer programs to provide their customers the opportunity to donate to energy assistance. All donations go to Energy Outreach Colorado, a non-profit, independent organization that raises and distributes funds for energy assistance across the state. The Colorado Public Utilities Commission oversees the Low- Income Energy Assistance Program. Colorado is the only state in the country to enact public policy creating an optional energy assistance program to help income-limited residents pay energy bills. All other energy assistance programs in the country created by public policy are mandatory and paid for through energy rates. According to the 2000 US Census, nearly one in five Colorado households lives at or below the poverty level, earning a maximum of $2,906 per month for a family of four. Energy Outreach and the Colorado LEAP program help many of these residents and thousands more pay energy bills each year. During the 2005-06 heating season, the average annual income for households receiving assistance from Energy Outreach was less than $15,000. More than 59 percent of the households helped included children; 23 percent lived in households led by a disabled family member; and 11 percent lived in households led by seniors. Energy Outreach Colorado's programs include energy bill payment assistance for income-limited households, energy efficiency upgrades for affordable housing and energy efficiency education. Since it was founded in 1989, the organization has distributed more than $70 million to fund these programs. Energy Outreach Colorado is an independent, non-profit organization that relies on private donations, corporate contributions and foundation grants. Measures to comply with the State Legislation are broad and municipalities are provided a high degree of latitude of formulate local programs in compliance with the requirements of the Act. Areas such as Aspen that have a relatively small need have the ability to opt out of the program all together; or, to devise a different way of raising and distributing funds to customers. FINANCIAL IMPLICATIONS: The City's current level of expenditure for advertising for voluntary contributions is approximately $2,800 per year. The proposed $3,000 direct donation to Energy Outreach is $3,000 per year. The expense would be paid out of existing appropriations for energy conservation. ENVIRONMENTAL IMPLICATIONS: In additional to assistance with high energy bills, adoption of the proposed resolution will provide funding for energy conservation programs directed at low income residents that otherwise could not pay for upfront costs to improve energy efficiency. RECOMMENDATION: Staff recommends that Council direct staff to donate $3,000 on an annual basis to the Energy Outreach Colorado program and forward a copy of the attached resolution as demonstration of compliance with the Low-Income Energy Assistance Act. 2 ALTERNATIVES: If council were to elect not to sign the attached resolution, the City of Aspen could simply document that there is so small a population that is eligible for this assistance that it is not practical to set up a program to deal with it. During the legislative process, Aspen was used as the "poster child" for this clause and no one would be surprised if we simply choose to opt out. The second option is for Aspen to self certify that we have a program in place that meets the intent of the legislation. However, with our small eligible population it really makes no sense for us to set up a program with effectively a zero eligibility. PROPOSED MOTION: I move to adopt Resolution # ':fJ CITY MANAGER COMMENTS: P(~~j~6~~ 'to C.(lIU~p.et~ .vr>ff2 ~ dOUJ-,L.<.-Ul<<LL ~~)~ {lzp-; 3 RESOLUTION # q-cf (Series of 20~ A RESOLUTION FINDING THAT COLORADO'S LOW-INCOME RESIDENTS ARE EXPERIENCING A HEAVY ENERGY COST BURDEN; THAT THE COLORADO LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) NEEDS ADDITIONAL FUNDS TO MATCH THE LEVEL OF ENERGY ASSISTANCE FUNDING PROVIDED TO NEEDY FAMILIES, SENIORS AND DISABLED RESIDENTS; AND, THAT THE CITY OF ASPEN AGREES TO PARTICIPATE IN THE ENERGY OUTREACH COLORADO PROGRAM TO ASSIST WITH THIS NEED. WHEREAS, the Colorado General Assembly enacted The Low-Income Energy Assistance Act, Colorado Revised Statutes Title 40, Article 8.7 in May 2005; and WHEREAS, the City of Aspen wishes to meet the requirements of the Act by adopting and implementing a procedure pursuant to Colorado Revised Statutes section 40-8.7-106(3); NOW, THEREFORE, be is resolved that: 1. The City of Aspen wishes to participate in the program by contributing funds to Energy Outreach Colorado. Aspen will contribute one dollar per year per meter/account to the program. 2. All sums collected pursuant to the procedure approved by this resolution shall be delivered to Energy Outreach Colorado for distribution. Energy Outreach Colorado may utilize up to 5% of the funds to pay costs in administering the funds. 3. Distribution of funds collected pursuant to the procedure approved by this resolution shall be made annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves participation in the LEAP program and wishes to meet the requirements of the Low-Income Energy Assistance Act, Colorado Revised Statues Title 40, Article 8.7 enacted in May 2005 and further directs staff to distribute funds to the Energy Outreach Colorado on an annual basis as set out above. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Kathryn S. Koch, City Clerk Vlld THE CITY OF ASPEN MemorandlUll 8/21/2006 To: Mayor and City Council From: Date: Paul Menter, Director of Finance and A Cc: Steve Barwick, City Manager John Worcester, City Attorney Jim Considine, Information Systems Director Hilary Smith, Pitkin County Manager Malcolm McMichael, Pitkin County Technology Manager Re: Intergovemmental Agreement for Information Systems . Summary: Attached please find a proposed Intergovernmental Agreement (IGA) between the City of Aspen and Pitkin County for Information Systems. This agreement replaces two old agreements; The 1984 Joint Data Processing Agreement and the 1976 (yes we still have an agreement in force from 1976!) Joint Facilities Use Agreement. Neither of these old agreements reflects the current needs of either the City of County for information systems. The new agreement, and its attachments, continues the long existing designation of the City's I.S. department as a joint department of the City and County. The agreement defines in detail the working environment, the basis for delivery ofIS services, resource allocation and operational systems to be used in managing IS services for both the City and County. Staff request Council review this agreement in advance of its presentation on a future regular meeting agenda. Without objection, staff plans to recommend that this item be presented as a consent agenda item for Council consideration. Backl!:round: Aspen and Pitkin County have a long history of collaborative relationships with respect to service delivery. As recently as 2002, Aspen and Pitkin County operated a joint Community Development Department. While this department was separated through an organizational study, these departments continue to share office space and resources as appropriate. At one point in the not too distant past, the City and County shared an Executive Manager as well. August 21, 2006 The Information Systems department is the most successful example of collaborative service delivery between the City and County over the past two decades. Since the mid 1980's, the City and County have saved the taxpayers hundreds of thousands if not millions on dollars in capital and operational costs simply by working together. During this time frame the City and County have built a fiber optic network serving the needs of both organizations, installed a state of the art internet protocol capable telephone system, developed and implemented a joint web site, and achieved many other technology related goals. The proposed agreement will permit this relationship, and all of its benefits, to continue into the next generation of technology for the City and County organizations and the communities that both governments serve. Analvsis: Under this agreement, the IS department remains a City of Aspen department. Department employees are City of Aspen employees, supervised and managed under City of Aspen's organizational structure and personnel rules. The department provides services jointly to the City and County under the terms and conditions of the proposed intergovernmental agreement and its attachments. In summary, the elements of the agreement are as follows: . Joint Information Svstems Department Joint Agreement: The agreement itself is only the first six pages of the attachment. It defines in policy terms the management structure of the IS department, and how the agreement, in combination with its attachments, works to define IS department customers, services and supported technologies, technology standards, financial management practices, contract terms and renewal methods, conflict resolution and amendment processes. The agreement also addresses all other standard legal elements typically employed in such services agreements (most of which are not included in the agreements to be replaced). . Joint IS Department Manager's Agreement: This agreement, adopted by reference as an element of the Joint Information systems agreement described above, will provide the daily "road map" for operation of the joint IS department. This agreement defines departmental oversight as being ultimately the responsibility ofthe City and County Managers. For the City, this responsibility is currently delegated to the Director of Finance and Administrative Services and Information Systems Director. This agreement also formally designates the Technology Resource Committee (TRC) ajoint committee of City and County staff, with the responsibility of reviewing technology related issues and requests and recommending action and policy changes to the managers. The managers agreement defines, though its six attachments: A. The IS department's organizational structure 2 August 21. 2006 B. IS Department customers and services provided to those customers. C. Technologies supported and level of support provided to customers for those technologies by the IS department. D. Information Systems Technology Standards for hardware and software and defining principles of operation and customer support priorities. E. Computer Facilities Usage Agreement, defining user responsibilities. This document is to be signed by all customers of the IS department. F. Cost Allocation methodology for equitably sharing the costs of the Joint IS department. In combination, these agreements and attachments provide a comprehensive basis for managing the joint IS resources of the City and County. Recommendation: This proposal has been reviewed in detail by City and County staff, and is recommended for adoption by City Council. Subject to Council review, staff plans to recommend approval of this agreement at an upcoming Council meeting as a consent agenda item. Please feel free to contact me if you have any questions or concerns regarding this Issue. ~o~)-ti5J~ ~. 3 RESOLUTION # W (Series of 2006) A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, AND PITKIN COUNTY, COLORADO, SETTING FORTH THE TERMS AND CONDITIONS REGARDING INFORMATION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, and Pitkin County, Colorado, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, and Pitkin County, Colorado, regarding Information Services, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 23,2006. Kathryn S. Koch, City Clerk DRAFT City of AspenlPitkin County Inter-governInentaIJ\greeInent for the ManageInent of the Joint Information Systems Department Joint Agreement No. THIS AGREEMENT, made by and between the City Council of the City of Aspen, Colorado, a municipal corporation and home-rule city, created pursuant to Article XX of the Colorado Constitution ("City"), and the Board of County Commissioners of Pitkin County, Colorado, a home-rule county created pursuant to Article XIV, Section 16 of the Colorado Constitution ("County"). Recitals 1. The City and County have purchased computer and telephone systems that are appropriate to service the needs of both the City and the County. 2. Both the City and County have need for adequate computer and telephone facilities and services and have determined that the joint funding of system acquisition, maintenance, and services would be advantageous to both entities. 3. Both the City and County are authorized by Section 29-1-203, Colorado Revised Statutes to enter into inter-governmental contracts for the purpose of providing any function, service, or facility lawfully authorized to each of the cooperating governmental units, provided any such contract receives the approval of the legislative bodies of the respective governments. 4. The City and County have previously entered into a Joint Use of Facilities Agreement effective January 19, 1976, and amended by a Joint Data Processing Agreement, effective March 9,1984. Agreement In consideration of the parties' mutual promises, the parties agree as follows: I. Effect of Agreement. This Agreement replaces the Joint Use of Facilities Agreement effective January 19, 1976, and the Joint Data Processing Agreement, effective March 9, 1984. 2. Administrative Structure. A. The Information Systems ("IS") Department is a joint department of the City and County as defined in this Agreement. B. Personnel: I. An Information Services Director shall be employed by the City who shall report to and be supervised by the City Manager or hislher designee. The City Manager shall have the authority to terminate the employment of the Director in accordance with City personnel policies and procedures, but shall exercise this authority only after reasonable consultation with the County Manager. 8117/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc I DRAFT 2. The IS Director and all other personnel employed to work under the supervision of the Director shall be City Employees, subject to the City's payroll, benefits, and personnel policies and procedures (including disciplinary procedures). 3. The Director shall work under the supervision of the City Manager or designee and shall receive work assignments from the City Manager or designee. In addition to its other purposes, the Manager's Agreement shall serve as a conduit for the City and County to evaluate and prioritize technology related issues - through the Technology Review Committee, for implementation through this chain ofreporting responsibility . 4. Nothing in this agreement shall create, or is intended to create, or shall be construed to constitute a contract of employment, express or implied, between the IS Director, and the City or the County." C. Management of the IS Department is delegated to the City and County Managers (the Managers). The current management and structure of the IS Department is set forth in the Joint IS Department Managers Agreement dated _ (the "Managers' Agreement"). As set forth in the Manager's Agreement, the Managers must approve any changes to the IS Administrative Structure Agreement. Should any operational changes include a change in budget, each Manager will follow his/her organization's budget approval policies and processes. D. The City of Aspen will administer the IS Department. All IS staffwill be subject to the administrative and human resource regulations of the City. E. Partnership intent. While the administrative structure of the IS department under this agreement is unambiguously designated as a City Department in terms of personnel and budget, the intent and spirit of the agreement otherwise is to reflect a partnership relationship in the character of the department's operations. 3. Customers. The customers of the IS Department include all City and County Departments, as well as outside entities and the public. Current outside entity customers and public services provided are listed in the Managers' Agreement. Additional entities and additional public services may be added as agreed to by both Managers, upon such terms and conditions as the Managers shall establish. 4. Services and Supported Technologies. The IS Department will provide, manage, and coordinate all of the services necessary to support the technologies for which it is responsible. The addition of any new service or an increase in the service level of an existing service will be implemented as agreed to by the Managers. IS will support technologies that best meet the legal and business requirements of the City and County within the fmite resources available for these technologies. The current list of approved services and supported technologies is included in the Managers' Agreement. Geographic Information System Services (GIS) will be organized as an operating budget section of the Joint IS Department, and GIS services will be provided to both the City and County, and all external customers under the terms and conditions of this agreement, the Managers Agreement, and the attachments to the Manager's Agreement. 8/17/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 2 " DRAFT 5. Standards and Technologv Usage Policv Administration. IS will establish standards for all of the technologies supported and services provided, as approved by the Managers and made part of the Managers' Agreement. The City and County each agree to establish, review, implement, and enforce technology usage agreements and other policies related to the implementation, support, and use of the technologies for which the IS Department is responsible by each entities" employees. The City and County agree to make such policies consistent between the two organizations to the extent practicable and necessary for system security. Usage by external customers shall be addressed in the user agreements for such customers. 6. Financial Management. A. To the extent permitted by law, the City and County recognize the importance of adequate funding, within the financial means of both organizations, the costs to acquire, maintain, and service the technologies supported for the agreed upon Customer base. B. The financial rules, regulations, and policies of the City will apply to all operating budget expenditures, revenues, and year-end savings that are shared by the City and County under this agreement. C. For capital expenditures, the financial rules, regulations and policies of the respective parties will be used for procurement of items that are not shared. If the items are shared, the fmancial rules, regulations, and policies of the City will apply. D. Operating Budget Process and Allocation. I. The IS operating budget will be developed annually through the City Budget process, with input from the Managers. The County agrees to accept all of the City policies in regards to the IS base operating budget. The IS Department will work with the County Finance Department to provide in a timely manner all materials and information required by the County Budget process. All supplemental requests for shared expenditures, including but not limited to increases in staff, will require the approval of both the City and County. 2. The annual operating budget shall include funds necessary to reimburse the City for the County's proportionate share of overhead expenses for personnel, finance, administration, legal, and asset management services consistent with fees charged to other City Departments. "Proportionate share" shall be based upon the final percentage of annual IS operating expenses incurred on behalf of Pitkin County. 3. Allocation of Operating Budget between the City and the County. The allocation of the IS operating budget and all expenditures and revenues shall be determined by the Managers' Agreement. E. Capital Replacement. I. The City and County agree to maintain a multi-year capital replacement plan for the assets that are required to operate, maintain, and service the shared Information Systems technologies. IS will maintain a published capital asset inventory to serve as a basis for cost sharing and asset replacement. The IS 81l7/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 3 DRAFT capital replacement plan will be approved by the Managers as part of the Managers' Agreement. 2. The City and County agree to determine cost allocation methodologies for capital replacement of shared capital assets. Shared capital assets include equipment and software and associated costs acquired and maintained for the mutual benefit of the City and the County as agreed by the Managers. F. Disposition of capital assets. The Managers shall agree upon any shared asset disposition. G. Reimbursement. The City and County agree to reimburse any IS expenses incurred under this Agreement by one party on behalf of the other. The parties agree to provide quarterly reconciliations, to be approved within 30 days and reimbursed within 30 days after approval. The annual reconciliation payment shall be made within 30 days of billing by the City. H. IS Operating Budget Savings. The City and County agree to accumulate IS operating budget savings according to the City of Aspen policy. These savings will be carried forward by each entity as IS savings on an annual basis. The IS director will make recornmendations for the expenditure of these savings for the review and approval of the Managers. 7. Term and annual review. This Agreement shall continue from year to year unless terminated by either party. Termination shall require advance notice to allow for one full fiscal year of continued joint operations. The Agreement shall be reviewed annually be Managers. 8. Conflict resolution. In the event that the parties cannot resolve conflicts relating to the management of the IS Department, the Managers shall first attempt to resolve the conflict between them. If the managers are unable to resolve the conflict(s) internally they shall agree upon a conflict resolution process managed by an independent party. The costs of such a resolution process shall be born equally by the City and the County. 9. Amendment process. This Agreement may be amended upon approval by both the Board of County Commissioners and the City Council. 10. Disposition of Assets upon termination. In the event of the termination of this Intergovernmental Agreement under paragraph 13 hereof, and the resulting dissolution of the IS Department, the assets of the Authority shall be distributed as follows: a. All assets acquired prior to the date of this Agreement shall be allocated between the City and the County in accordance with their proportionate contributions to the acquisition of the assets. Financial settlement and allocation of shared assets to be determined in a fashion as agreed upon by the Managers. b. All assets acquired by the IS Department after the date of this Intergovernmental Agreement from funds provided by the parties shall be distributed to the parties on the basis of the value of said assets at the time of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. 8/17/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 4 DRAFT c. The City and the County, through the agreement of the Managers, may agree to dispose of any assets of the IS Department in any other acceptable manner. d. If the City and the County cannot agree on the disposition of any assets of the IS Department within sixty (60) days prior to the effective date of termination, said assets shall be subject to an independent appraisal and shall be sold at public auction as soon as practicable with the proceeds allocated to the City and the County in the same proportion as the total contribution of funds by the respective parties for acquisition of the asset. e. With respect to the employees of the IS Department, the Managers shall agree on a fair method to assure that the County may offer employment to City employees in the IS Department to assure that the County has the ability to retain experienced employees if it so desires. 11. Workers' Compensation and Indemnification. a. Workers' Compensation. The employer of the respective employees shall provide workers' compensation coverage for their employees. For the purposes of this Agreement, Pitkin County shall name the City of Aspen as additional insured on its general liability policy and the City shall name Pitkin County as additional insured on their general liability policy. b. Indemnification. 1. The City, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the full extent permitted by law, to indemnity and save harmless the County, its officers and employees, from all suits, actions or claims of any character brought because of or arising out of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the City; or on account of or in consequence of any neglect by the City; or because of any act or omission, neglect, or misconduct of any IS Department employee engaged in the performance of his/her duties on behalf of the City or on behalf of the County in accordance with this Agreement. 2. The County, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the full extent permitted by law, to indemnity and save harmless the City, its officers and employees, from all suits, actions or claims of any character brought because of or arising out of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the County; or on account of or in consequence of any neglect by the County; or because of any act or omission, neglect, or misconduct of any County employee engaged in the performance of his/her duties on behalf of the County or on behalf of the City in accordance with this Agreement. 8/17/2006\\saturn Ix _ drive\ TRCIManagers _ Agreement\IS IGA draft 8-16-06.doc 5 DRAFT 3. Neither the City nor the County waive the defenses or limitations on damages provided for in and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq., C.R.S.), the Colorado Constitution, their respective home rule charters or under the common law or the laws of the United States or State of Colorado. 4. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship not intended by the express terms of this Agreement. Personnel identified as County employees shall be for all purposes County employees. Personnel identified as City employees shall be for all purposes City employees. It is anticipated that City and County employees will be assigned to work on projects or assignments for either governmental entity in accordance with this Agreement. Nothing contained in this Agreement shall be construed to make such sharing arrangements as evidence of an employee/employer relationship. No agent, employee, or servant of one party shall be, or construed to be, the employee of the other party. Each party to this Agreement shall be solely and entirely responsible for its acts and for the acts of its employees during the performance of this Agreement. Approved by Board of County Commissioners Resolution _ Approved by Aspen City Council Resolution Signature provisions, attest 8/17/2006\\saturn\x_drive\TRC\Managers_Agreement\IS IGA draft 8-16-06.doc 6 DRAFT - Manager's Agreement CITY OF ASPENIPITKIN COUNTY JOINT IS DEPARTMENT MANAGERS AGREEMENT I. Agreement I) The Managers Agreement is established in accordance with the terms of the Intergovernmental Agreement ("IGA") between the City of Aspen and Pitkin County for joint Information Systems ("IS ") services. The IGA and Managers Agreement are agreements executed in accordance with and intend to comply with the rules, regulations and laws of the City of Aspen and Pitkin County as authorized by the Aspen City Council ("Council") and Pitkin County Board of County Commissioners ("BOCC"). 2) The Managers Agreement is intended to implement the IGA and establish the parameters for operating the Joint IS Department and to describe the processes for amending those practices. 3) The Managers Agreement employs attachments to describe the current agreement in each operational area; and addresses the methods used to amend the attachments in the future. This is done so that future amendments to a particular policy area can be implemented without necessitating renewal of the entire agreement. The current agreement under each operational area is documented in the Attachments to this agreement in the following list. 4) The operational areas addressed are: a. Organization Chart [Attachment A] b. Customers [Attachment B] c. Services [Attachment C] d. Standards [Attachment D] e. Computer Usage Agreement [Attachment E] f. Budget & Cost Allocation [Attachment F] II. Administrative Structure 1. Oversight a. City Manager and County Manager ("Executive Managers") The City and County Manager will meet with representatives ofIS and the TRC as needed to discuss IS issues and approve any changes or negotiate any disagreements subject to their review. Changes subject to an Executive Manager review include items listed in the operational areas below. b. Technology Resource Committee ("TRC") i. Purpose The purpose of the TRC is to establish a group of technology providers, technology users, and management representatives to serve as an advisory resource for fostering communication, coordination, planning, and oversight in the technology realm. n. Membership Membership will target a broad representative group of major user communities with an additional goal of approximately balanced representation between the City and County. 8/17/2006 \\saturnlx_drive\TRC\Managers_Agreement\IS Mgr Agreement draft 8-16- I 06.doc DRAFT - Manager's Agreement 1. Permanent Members (3). One representative of each City and County Finance/AdministrationlManagement (or designee), plus the Information Systems Director. 2. Non-Voting Facilitator. 3. Appointed Members. City and County Managers may appoint members at their discretion, if mutually agreed upon. 4. Recruited Members. Members may be recruited by the TRC itself in order to maintain the complement or diversity of representation on the TRC. 5. Information Systems Staff. The IS Director may select a staff member to serve as an additional member. 6. The TRC currently set its own maximum membership at nine members (Plus facilitator). The group may change this in the future. [See current TRC Membership in Attachment A: Organization Chart]. 7. TRC recommendations should allow avenues for providing minority or dissenting views to the majority decisions, as well as an "appeal" path to the Executive Managers. iii. Responsibilities. The TRC shall: 1. Review all technology related budget requests, agreements, policies and standards. Make recommendations to the requestor and the Executive Managers. 2. Provide leadership while exploring technology options, opportunities, and emerging trends. Make recommendations to the organizations and the Executive Managers. 3. Serve the organization as a resource. Assist with technology projects during the following project stages: i. Planning. Customers can come before the TRC to present technology ideas. They will be given guidance on the steps they will need to take to turn their ideas into workable projects. 11. Desigr1lProcurement. TRC provides guidance on working through design and procurement issues. TRC provides expertise to assist. 111. Implementation/follow-up. During implementation, a IRe member(s) might attend implementation meetings or otherwise be involved in the implementation depending on the scope and nature of the project. iv. Attendance & Alternates Regular attendance is expected of all members. Members who cannot attend are expected to send an alternate representative, adequately briefed in advance and fully empowered to act in the member's absence. c. Information Systems Department ("IS") The IS Department is a joint City & County department, administered by the City and overseen at the operational & budget level by the TRC and Executive Managers. The main areas of IS responsibilities are: implement technologies, administer systems, maintain systems and administer the IS Department. i. Administration 8/17/2006 \\saturn\x _ drive\TRC\Managers _ AgreementlIS Mgr Agreement draft 8-16- 2 06.doc DRAFT - Manager's Agreement The City of Aspen will administer the Information Systems Department. All IS Staff will be subject to the administrative and human resources regulations of the City. ii. Mission The mission of the Information System Department is to provide effective and efficient services for the utilization of technology in order to assist the City of Aspen and Pitkin County in achieving their stated goals and objectives. iii. Goals Organizational Goals. The IS department will endeavor to implement and support technology consistent with the goals and objectives established by the City and/or the County. IS Departmental Goals. The IS Department will actively participate in the City's Outcome Measure Program. Any goals or outcome measures established at a departmental level will include both the City and the County, subject to the agreement of the Executive Managers. III. Operational Areas 1) IS Department and TRC Organization Chart [Attachment A] i IS will maintain an organizational chart and submit it annually during the budget process or when modifications are proposed by the IS Director. The TRC structure will be included on this document as well, subject to the change processes described below. 11 Changes to Organization Chart. Changes to the IS structure in terms of substantive modifications to the organization chart or job duties, material impacts on the types or levels of service, or changes to the staffmg complement will be reviewed by the TRC and then approved by the Executive Managers prior to adoption. Material changes to service or staffing complement may also be subject to approval by the Councilor BOCC, as determined at the Executive Manager's discretion. 2) Customers [Attachment B] i. Customer List. The Information Systems Department shall provide services to a defmed set of internal, related, and third party customers; the list of current approved customers is attached to this agreement as Attachment B: Approved Customer List ii. Customer Eligibility 1. City/County Departments. All City and County departments and employees shall be considered eligible Customers. 2. Other Entities. Other entities may be considered Customers based upon the recornmendation of the Information Systems Director pertaining to the availability of resources and the ability to deliver requested services. Other entities may include other government agencies and third-party tenants. 3. Consultants/Contractors. Individuals or groups working with existing Customers may be considered Customers subject to the prior approval of the Information 8/17/2006 \ \saturn \x _ drive\ TRCIManagers _ Agreement\IS Mgr Agreement draft 8-16- 3 06.doc DRAFT - Manager's Agreement Systems Director. The Information Systems Director shall determine the impact of any specific request upon Information Systems resources. 4. Public. The Information Systems Department may provide services directly to the Public. The Information Systems Director shall determine the impact of any specific request upon Information Systems resources. iii. Criteria for Consideration. Criteria for consideration inc~des resources available, impact on resources, levels of service, indirect and unallocated costs, unsupported technologies required, compliance with standards, impact on system security, and alignment with the goals and mission of the City and County. IV. Changes to the Customer List. The TRC will review, advise and recommend changes to the approved customer list and criteria for customer consideration to the Executive Managers for approval. 3. IS Services [Attachment C] i. Services. Services refer to the types of activities performed by and/or supported by the IS department on the data/voice networks and other technological platforms over which the IS Department has responsibility or participation. The services for which Information Systems Department is currently responsible are described in Attachment C: Information Systems Services. ii. Unsupported Technologies, Tasks and Outsourced Support. The Standards document, Attachment D and the Computer Facilities Usage Agreement, Attachment E, describe the permitted activities and the limitations of what activities that customers are not permitted to do on the joint network, and the devices customers are permitted to connect to the network. Non-permitted activities combined with unsupported technologies and services from this section represent the realm of activities outside of IS responsibility. Customers wishing to pursue unsupported items must petition the IS Director to either have them added to the Supported Services list, or negotiate an Approved Outsourced Activity (activities supported via a third-party vendor). Unsupported or unauthorized activities will not be permitted on the joint network. Unresolved violations may be raised with the Executive Managers to be addressed through appropriate disciplinary action. iii. Service Level Agreements. The IS Department may negotiate service level agreements with customers which describe the type and extent of services performed beyond the base service levels. iv. Customer Satisfaction. The satisfaction levels with the current services will be determined through a separate City and County survey conducted on an annual basis. v. Service Level Outcome Measures. The IS Department will measure specific key services areas through the use of Outcome Measures under the City of Aspen Outcome Measure Program. 8/17/2006 \\saturn\x _ drive\TRC\Managers _ Agreement\IS Mgr Agreement draft 8-16- 4 06.doc DRAFT - Manager's Agreement VI. Changes to the Services List. The TRC will review, advise, and recommend to the Executive Managers for approval changes to the services list (including new services and approved outsourced support). 4 IS Supported Technology & Standards [Attachment D] i Standards. Standards refer to the allowable & prohibited user activities on the networks; the approved devices for connecting to the networks; and the types of software applications that are standard and/or allowed on the networks; as well as the protocols for customer service response. The current standards for the technologies supported by the Information Systems Department are described in Attachment D - Technology Standards and Attachment E, the Computer Facilities Usage Agreement. 11 Unauthorized Activities and Software. The Services List, Attachment C, defmes the types of services performed and that are supported by IS. The unsupported technologies and services combined with unauthorized activities from this section represent the realm of activities outside ofIS responsibility. Customers wishing to pursue unauthorized items must petition the IS Director to either have them modified in the Standards, or otherwise negotiate an exception to the Standards. Performing unauthorized activities or installing prohibited software on the joint network is prohibited. Umesolved violations may be raised with the Executive Managers to be addressed through appropriate disciplinary and/or other measures. iii Network Security Paramount. The IS department may take immediate unilateral action in terms ofterminating connections, disabling accounts and other actions as deemed necessary in order to implement security response to any immediate security threats to the network. The IS Department will follow up such actions with communications to the user and organization as appropriate to the nature of the threat and actions taken. IV Changes to the Standards. Changes to the standards (including approved exceptions) will be reviewed by the TRC and recommended to the Executive Managers for approval prior to adoption. 5) Financial Management, Budget, and Cost Allocation [Attachment F] i. Cost Allocation. Many of the Financial Management topics are articulated in the IGA. The Managers Agreement addresses the specific basis for allocating actual joint costs of operations and capital projects/replacement as well as revenues attributable to technology operations. . 11. Records. IS will maintain adequate records to allow for tracking and allocating costs to entities and prqjects using the allocation methods described below. 111. Method of cost allocation. Operating and Capital costs follow the same general rules for allocation. Costs will be segregated into categories and each category allocated upon pre-determined methods based on generally accepted cost-allocation methodologies. Categories include specifically identifiable activities (such as purchases of PCs and application servers) and broader general aspects of operation (such as cost of maintaining the network). Methods include specific identification and 8117/2006 \\saturn\x_drive\TRCIManagers_Agreement\IS Mgr Agreement draft 8-16- 5 06.doc DRAFT - Manager's Agreement allocation based on measurements of usage (such as the relative numbers ofPCs connected to the network). The current bases and measurements are described in Attachment F: ExpenditurelRevenue Sharing. IV. Methods versus Measurements. The methods used to allocate costs are negotiated policies and subject to formal processes described below. The measurements are the periodic results of performing the agreed upon calculations. v. Reporting. The IS department will report to the TRC and Finance Directors at least once per year the actual results of the measurements used in allocating costs. This will be used for the formal joint cost accounting settlement. If costs are to be allocated more frequently than annually, actual or estimated measurements may be used; estimates will be adjusted to actual measurements at the end of the year. The measurements to be used for estimated allocation of the budget or project evaluation may be based on prior actual measurements or the reasonable judgment of the IS Director. VI. Changes in the categories and methods for allocation. Changes to the categories and methods used for cost allocation will be reviewed by the TRC and recommended to the Executive Managers for approval prior to adoption. vii. Capital Replacement Plans. The IS Department will maintain at least a five year replacement schedule for technology capital items, capital replacement, expected projects, and ongoing associated costs such as maintenance agreements. These schedules are suQject to the existing budget review and approval processes. The replacement schedule will be reviewed by the TRC and recornmended to the Executive Managers for approval. V111. IS Operating Budget Savings. The TRC will review IS Operating Budget Savings and recommend expenditures of these savings to the Executive Managers for approval. 8/17/2006 \\saturn\x_drive\TRC\Managers_Agreement\IS Mgr Agreement draft 8-16- 6 06.doc Attachment A Information Systems Executive Managers County City Hilary Smith Steve Barwick Technology Resource Committee Facilitator: Debbie Quinn County City Malcolm McMichael; Finance Paul Menter; Finance Renee Nofziger; Public W orkslRemote Offices Lee Ledesma; Utilities Ann Marie Prince; ComDev Richard Pryor; APD, Public Safety Mark Gamrat; Communications, Public Safety Information Systems: Jim Considine, Fred Dick Paul Menter "iCityFi~~;'f~1 Admin.8erVices Dire.. I 'c. 'Yh.. ...' ;.I~ .i' 'i I I I I Ruth Kinney '...' J)'~pi~l<" y l\fliry Lackner . N~t.Applici1lion." " Ne~9rkManage~ '8IS,,;. ,'" Specialist II .' J\lIanager.... . I I I Whelan Smith John Sllbieralsld ]Jridgett~.~eUy Cusfumer Support "NetWork i- GIS . 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" .. :;!: t.l 0:: t:: " > ~I E " 1ii ~ <D o o ~ - ., Information Systems Department City of Aspen and Pitkin County Technolo2V Standards \\saturnIJulrive\TRCIManagers _ AgreementlA TTACH _ D _Technology _standards. doc Revised 6/15/2004 Attachment D Table of Contents I. INTRODUCTION .................................................................................................................................1. II. INFORMATION SYSTEMS OVERVIEW....................................................................................l A. PRINCIPLES OF OPERATION ...........................................................................................................1 B. SUPPORT LEVELS............................................................................................................................1 C. HARDWARE AND SOFIW ARE STANDARDS .....................................................................................2 D. CUSTOMER SUPPORT PRIORITIES..................................................................................................3 \\saturn\x _ drive\TRCIManagers _ Agreemenl\A TT ACH _ D _Technology _standards.doc Revised 6/15/2004 Information Systems - Technology Standards I. Introduction This document describes the set of standards that serve as the basis for acquiring implementing, and supporting technology in the City of Aspen and Pitkin County. II. Information Systems Overview A. Principles of Operation The following general principles are intended to serve as guidelines for the creation and implementation of Information Systems' standards. . Finite Resources - The City of Aspen and Pitkin County shall provide finite resources to address computer and phone technology needs. Finite resources necessitate a planning approach, appropriate allocation of resources, prioritization of tasks, and the blending of departmental and organizational goals. . Customer Service Orientation - The Information Systems Department shall collaborate with its customers to determine the need for, recommend, implement, and provide on- going support for computer and phone technology. . Open TechnololN - The IS Department shall establish standards for and support "open" computer technologies that permit the broadest range of customer options within the context of finite resources and the desire to collaborate and share those resources. . Customer Independence - The IS Department shall encourage customer independence through the defInition of responsibilities, establishment of organizational standards, training, and collaboration. B. Support Levels There are two fundamental levels of support; full and partial Full Support For any technologies categorized as "fully supported", IS will provide a comprehensive range of support services including consultation, assessment, acquisition, installation, administration, backup, maintenance, operation, troubleshooting, training, and vendor liaison. (see document "IS Services" for full descriptions) Partial Support Any software or hardware that is compatible with our network technologies and is used for legitimate City/County business purposes is eligible for "partial support". IS will provide a subset of the support services listed under full support. At a minimum, IS will provide consultation and vendor liaison services. Any other specific services will depend upon staff knowledge and available resources and will be negotiated with the user(s) through a service level agreement. (see document "IS Service Information Systems - Technology Standards Level Agreement") C. Hardware and Software Standards Information Systems will establish standards for computer and phone systems utilized by the City and County. 1. Network Infrastructure CateaoY"u Product Manufacturer Network Cabling Categorv5 - Voice and Data various Fiberootic Cablinl! Camous and Backbone various Data Switches- WorklITouo 3524,3508 Cisco Data Switches- Core 6509 Cisco Voice Switches- Workgroup 460-24-PWR Bav (Nortel) Voice Switches- Core Ootion II, Succession Branch Nortel Wan Router - V oicelData various Cisco Remote Broadband Access WR54GI Truemobile 2300 LinksyslDell Router 2. Network Operations 2 Information Systems - Technology Standards 3. Client Operations Catef!Orv Product Manufacturer PC Desktoo E-Series Gatewav PC Laptop various Dell/Gateway PC Operating Svstem Windows XP Microsoft Virus Protection Sophos 2.28 Soohos Email/Calendar Outlook wlExchange Microsoft Office Automation Office 2003 Microsoft Internet Access Internet Exolorer 6.0 Microsoft W orkgrouo Printer various HP Network Copier various Ricoh Workgroup Scanner various Fujitsu Phone Handset - basic tdm M3903 Nortel Phone Handset - enhanced tdm M3904 Nortel Phone Handset - basic ip 12002 Nortel Phone Handset - enlianced iD' 12004 Nortel Analog Phone Conversion Mediatrix 1104,1108,1124 Mediatrix Smartphone Treo 700 Palm D. Customer Support Priorities IS will assign all requests for services a specific priority and will process requests as closely as possible in priority order . Urgent priority will be assigrJed to incidents impacting the normal functioning of the network and its supported applications. . High priority will be assigned to incidents impacting the normal functioning of an existing customer for which there is no alternative or workaround. . Medium priority will be assigned to system implementations, system updates, and fee for service tasks. . Low priority will be assigned to incidents for which there is a reasonable workaround or alternative and requests for help with non-standard technologies. 3 Information Systems - Technology Standards 4 Attachment E Computer Facilities Usaee Aereement Information Systems Department City of Aspen and Pitkin County M:\city-cnty\IS Fonns Revised 9/2003 Top Ten Things Information Systems (IS) would like you to know from the Computer Facilities Usage Agreement: I. The Information Systems Department has established a specific set of principles that are intended to serve as guidelines for Information System's policies and services (see page I) as well as, a broad range of technology standards to address User and Department needs (see page 3). 2. Although we cannot fully support all technologies, IS wants to consult with you regarding any or all of your technology needs in order to help you make fully informed decisions (see page 2). 3. IS will assign all requests for services a specific priority and will process requests in priority order (see page 4). 4. Any network workstation or PC, that represents an increase in a Department's currently supported complement, will be subject to one-time implementation charges and an annual support fee (see page 4). 5. All usage of computer hardware, operating systems, application software, and information services must be consistent with the business purposes of the City of Aspen and Pitkin County (see page 5). 6. As a user you must respect the privacy of others (see page 5). 7. The security of your computer system is your responsibility (see page 6). 8. Treat your equipment as though you had paid for it (see page 8). 9. Part of your responsibility as a user is to notity IS of any serious software or hardware problems you encounter (see page 9 & 10). 10. The installation of non-standard software, for business purposes, is allowed with specific restrictions and guidelines (see page 9). Revised 9/2003 .' Table of Contents L INTRODUCTION .................................................................................................................................1 II. INFORMATION SYSTEMS OVERVIEW....................................................................................l A. PRINCIPLES OF OPERATION ...........................................................................................................1 B. SUPPORT LEVELS............................................................................................................................2 C. TECHNOLOGY STANDARDS ............................................................................................................3 D. CUSTOMER SUPPORT PRIORITIES..................................................................................................4 E. NElWORK EXPANSION ...................................................................................................................4 III. USER GUIDELINES AND RESPONSffiILITIES.........................................................................5 A. ALLOWED USE OF CITY/COUNTY COMPUTER FACILmES ..........................................................5 B. PRIvACY ..........................................................................................................................................5 C. OVERALL NElWORK SECURITY ....................................................................................................5 D. PHYSICAL SECURITY ......................................................................................................................5 E. NElWORKACCESS SECURITy........................................................................................................6 F. NElWORK LOGIN ACCOUNT SECURITY ........................................................................................6 G. NT WORKSTATION USER ACCOUNT SECURITY ............................................................................6 H. NT WORKSTATION ADMINISTRATOR ACCOUNT SECURITY ......................................................... 7 I. CHANGING PASSWORDS.................................................................................................................. 7 J. PASSWORD GUIDELINES ................................................................................................................. 7 K. HARDWARE MANAGEMENT ........................................................................................................... 7 L. HARDWARE TROUBLE REPORTING ............................................................................................... 8 M. SOFTWARE MANAGEMENT ............................................................................................................8 N. SOFTWARE INSTALLATION.............................................................................................................8 O. SOFTWARE TROUBLE REPORTING.................................................................................................9 IV. NETWORK APPLICA TlONS.......................................................................................................10 A. INTERNET ......................................................................................................................................1 0 B. EMAIL ...........................................................................................................................................10 V. CUSTOMER ACCEPTANCE ............:..........................................................................................11 A. USERS SIGNATURE P AGE..............................................................................................................11 Revised 9/2003 I. Introduction This document describes what is expected of you as a user of the computing facilities at the City of Aspen and Pitkin County. A User is derIDed as anyone who has been issued a login account on the City/County network or receives services from the City/County network. This document is not intended to be a complete list of all allowed and forbidden activities, but rather a set of policies and guidelines for the practical and ethical use of our computer facilities. Violations of these policies may result in the loss of login privileges and other disciplinary actions. The IS department must be strict in these matters because the integrity and security of computing resources are critical to the City and County's essential activities. II. Information Systems Overview A. Principles of Operation The following general principles are intended to serve as guidelines for the creation and implementation of Information System's policies and services. . Shared Function - In order to maximize the utilization of computer technology while minimizing the costs, the City of Aspen and Pitkin County shall share the planning for and funding of an information systems function. The policies and services of this function shall be decided by mutual agreement. . Mission - The mission of the information systems function is to provide effective and efficient services for the utilization of computer technology in order to assist the City of Aspen and Pitkin County in achieving their stated goals and objectives. . Finite Resources - The City of Aspen and Pitkin County shall provide finite resources to address computer technology needs. Finite resources necessitate a planning approach, appropriate allocation of resources, prioritization of tasks, and the blending of departmental and organizational goals. . Customer Service Orientation - The Information Systems Department shall collaborate with its customers to determine the need for, recommend, implement, and provide on- going support for computer technology. . Open Technology - The IS Department shall establish standards for and support "open" computer technologies that permit the broadest range of customer options within the context of finite resources and the desire to collaborate and share those resources. . Customer Independence - The IS Department shall encourage customer independence through the definition of responsibilities, establishment of organizational standards, training, and collaboration. B. Support Levels There are two fundamental levels of support; full and partial Full Support For any technologies categorized as "fully supported", IS will provide a comprehensive range of support services including consultation, acquisition, installation, maintenance, operation, troubleshooting, and training. Partial Support Any software or hardware that is compatible with our network technologies and is used for legitimate City/County business purposes is eligible for "partial support". IS will provide a subset of the support services listed under full support. At a minimum, IS will provide consultation and installation services. Any other specific services will depend upon staff knowledge and available resources and will be negotiated with the user(s). 2 C. Technolo2V Standards Network Catef!orv Cabling Fiber Optic between buildings Cable Termination Router Switch Hub Access Method Protocol Server Catef!orv Hardware Dell (Workgroup) Operating System Communications Cisco Router (frame relay) File Backup Database Email Protocols Printer CSUIDSU (frame) CHen t Catef!orv PC Operating System Office Applications NFS Email Remote Access Browser Calendar Interface Card Modem Product Category 5 UTP within Buildings -Krone, ModTap -Cisco -Cisco -Bay Networks -IOBaseT Ethernet -TCPIIP Product -Sun SparclUltrasparc (Enterprise) -Solaris NT 4.0 Server -Telebit Netblazer (dialup) -Legato -Oracle, Inforrnix, SQL Server -SMTP, POP3, IMAP, MAPI - HP Laserj et -Kentrox Product -Gateway PIlI 350 - Windows 2000IWindows NT 4.0 - Windows 95IWindows 3.x -Microsoft Office -Sun Net Client 3.2 -Eudora Pro 2.12/4.1 - PPP / character -Netscape 4.x -Synchronize -3COM PCI Ethernet -Multitech MT2834BA 3 Support Level FULL FULL FULL FULL FULL FULL FULL FULL Support Level FULL FULL FULL PARTIAL FULL FULL FULL PARTIAL FULL FULL FULL Support Level FULL FULL PARTIAL PARTIAL FULL FULL FULL FULL PARTIAL FULL FULL D. Customer Support Priorities IS will assign all requests for services a specific priority and will process requests as closely as possible in priority order · Urgent priority will be assigned to incidents impacting the normal functioning of the network and its supported applications. · High priority will be assigned to incidents impacting the normal functioning of an existing customer for which there is no alternative or workaround. · Medium priority will be assigned to system implementations, system updates, and fee for service tasks. . Low priority will be assigned to incidents for which there is a reasonable workaround or alternative and requests for help with non-standard technologies. E. Network Expansion Any network workstation or PC, that represents an increase in a Department's currently supported complement, will be subject to one-time implementation charges and an annual support fee of $1000. Implementation fees will be charged for the standard client software licenses and the labor to configure and install the new workstation. The annual support fee is intended to mitigate the impact of workstation growth on network and staff resources. 4 III. User Guidelines and Responsibilities A. Allowed Use of City/County Computer Facilities All usage of computer hardware, operating systems, application software, and information services must be consistent with the business purposes of the City of Aspen and Pitkin County. When in doubt with what mayor may not be consistent, consult with your supervisor or department head. B. PrivacY As a user you are expected to respect the privacy of others. Examples of privacy invasion include: . reading other people's mail, . sending mail from someone else's account, . using someone else's name as sender in your email, . sending anonymous mail, . using accounts other than your own, . reading, editing or deleting unprotected files on network drives, . reading, modifying or deleting files on a user's PC hard drive without his or her permission, and . sharing sensitive information with people who do not need it to do their jobs. C. Overall Network Security This document defines specific security policies that are designed to protect the overall security of the network and of the individuals and workgroups that use the network. Recognizing that ideal security policies may conflict with the practical use of the network, exceptions to security policy may be granted to any Department willing to assume the financial responsibili~ for any negative impacts that may result from the reduction or elimination of specific network security policies. D. Phvsical Security The overall security of your computer system is your responsibility; policies regarding physical security include: . Access to your system should be controllable by a lockable door, either office or department. If this is not doable, due to circumstances beyond your control, make the extra effort to protect your important data by logging off the network or locking your NT workstation when you are away from your desk for more than fifteen minutes. . Systems with sensitive or secret data must be protected by their own lockable office door and software password protection on either entire system or sensitive data files. . Be sure that doors and windows are closed and locked when you leave. . Don't let any unauthorized person use computing facilities for which you are responsible. 5 . Log out of any network application when not in use. . Tum your PC workstation off at night unless it is on an automatic backup or provides services to other systems on the network. To save electricity on systems that do require the processor to run, you may turn off the monitor. E. Network Access Security . All access to and from the City/County Network must be configured to use our security firewall, unless a special agreement has been negotiated with IS (see section C, above). . No network workstation may have a modem attached for access to or from other systems and networks, since this activity breaches the security of our fuewall. . Remote control software that allows remote access to and control of network workstations is not allowed. F. Network Loein Account Security Each user of the City/County network will receive a unique and identifiable login account. Policies relating to login account security are: . Your login is for your personal use only. Do not let anyone else use your account for any purpose. . Do not give your password to anyone else; not to a fellow department member, your manager, another city or county staff member including IS staff, an appointed or elected official, a consultant, the public, a family member or friend. . Likewise, do not use anyone else's account for any purpose. If you need functionality that your account lacks, ask IS or the appropriate System Administrator to provide it. If you need privileges your account lacks, ask IS to grant them. . Do not write your password down. . Do not set your software to remember your password. . If you need to share mail, ask IS to set up mail-forwarding. . If you need to share files with someone else, ask IS to set up a permission group which will allow members of the group to access the files from individuallogins (some restrictions or limitations may apply). . Shared login accounts are not allowed G. NT Workstation User Account Security . All of the policies associated with the Network Login Account (above) apply to the User accounts used to access an NT workstation. . If a workstation is left on at night or user is away from workstation for a significant period (10 minutes), the Lock Workstation feature should be used. This feature is accessed by typing ctrl-alt-del. 6 H. NT Workstation Administrator Account Security . The Administrator account on all NT workstations will be password protected. Access to the Administrator account is required to add hardware or software to the system. . Any customer desiring to add hardware or software to their PC system must contact IS In the case of the NT workstation, IS will log the customer onto the PC with the Administrator account. I. Chane:ine: Passwords City/County policy relating to changing passwords is: . Change your password immediately after receiving your user account. . When there is staff turnover in a department that manages secret or sensitive data, change all passwords. . If someone else sees your password, even partially, change it. . If you see someone else's password, tell them to change it. . Keep your password indefinitely, if your password follows the secure guidelines listed below and your password security is still intact. J. Password Guidelines Guidelines for the composition of secure passwords are: . Passwords must have at least six (6) characters, but not more than eight (8) characters. . Do not use words found in any dictionary. . Do not use passwords that are easy to guess by association; examples are spouse's name, child, pet, your nickname, and so on, ... . Passwords must contain at least 2 letters (either upper or lower case) and at least one numeral or symbol such as 1,7,$,!,*,@,#,%. . Passwords must be different from your old password. Your new password must differ from your old one by at least three characters. K. Hardware Manae:ement Treat your equipment as though you had paid for it. Be gentle with it even if you are frustrated since you are responsible for anything you damage. Policies specific to the proper treatment of computer hardware include: . Do not move equipment when it is running. . Plug equipment into a network jack or power supply before you turn it on. . Tum off equipment before you unplug it. . Attach new equipment only when everything else attached is powered-off. . Always use an approved power conditioner or un-interruptible power supply (ups) 7 for your pc and monitor. . Do not experiment with the equipment or try to take it apart. . Do not try to crash or sabotage any systems. . Do not place your equipment in a precarious or potentially dangerous location. . Route your cables and cords to keep them from being snagged or tripped over. Keep cords away from heaters. . Keep your equipment clean. . Do not put food or beverages where they could spill and damage the equipment. · Do not use equipment when you have residue from eating or other activities on your hands. . Notity IS of problems promptly. L. Hardware Trouble Reportine Part of your responsibility as a user is to notify IS of any hardware problems you encounter. Guidelines for dealing with hardware problems include: . In an emergency, such as a smoking machine or water leaking through the roof, do what's right for your personal safety first. . If safety permits, power the machine off and remove it from the hazard. . Call the appropriate authorities to report the emergency. . For non-emergency events, send mail to "help", whenever possible, and feel free to contact IS any way you can. . Do not try to repair equipment yourself, unless directed to do so by IS staff or you have prior experience with the problem. M. Software Manaeement Our standard software is covered by license agreements between the City/County. and other companies and organizations; these licenses are predicated on our using the software for business, not for home or cornmercial purposes. Specific prohibitions include: . Do not copy any of our licensed software except as a backup for use on your system, . Do not knowingly allow anyone to copy City/County software, . Do not load or allow anyone else to load software that has not been appropriately licensed on any City/County system, and . . Do not keep software media in an unsecured location. N. Software Installation The installation and operation of non-standard software is allowed with the following restrictions and guidelines: 8 . Software must be appropriately licensed. . Contact IS prior to installation for consultation. . Take appropriate precautions with your valuable files. . All programs, with the exception of the installation program, should be disabled or terminated prior to installation . The appropriate software installation program or routine should always be used to install or uninstall software and hardware. . Prior to installing hardware and/or software on an NT workstation, a new "Emergency Repair Disk" should be created. Label diskette with date and text describing status of system when disk was created. e.g. "disk created prior to installing scanner" . After installing hardware and/or software on an NT workstation, the Service Pack update should be run and a second "Emergency Repair Disk" created. . Any customer who ignores the above guidelines may be required to pay the costs associated with restoring the system to normal operation. o. Software Trouble Reportine Part of your responsibility as a user is to notify IS of any serious software problems you encounter. It is also your responsibility to describe any action on your part or on the part of others that may have contributed to the problem; examples are: . installation of software, . modification of existing software, . configuration changes, . download of any files or email attachments through the Internet, . copying of any files from diskette, tape, or network drive. The procedure for reporting software problems is as follows, . Record any error messages that you received. . Follow standard operating procedures to restore normal operation. . If unsuccessful, consult with your departmental Superuser or System Administrator. . If problem is still unresolved, send mail to "help" and describe the problem. . If you consider the problem an "emergency", contact IS Staff anyway you can. 9 IV. Network Applications A. Internet The City and County computers have access to the Internet. This resource gives users access to communication and ir1formation services and public domain software. Although all City/County policies regarding the use of computer facilities apply to the Internet, there are special policies for its use. These policies are: . No City/County networked workstation is allowed to access the Internet through any other means than the City/County network Internet access; no modems may be attached to a network workstation unless an exemption to standard security policy has been negotiated. . No software may be downloaded for use on a network workstation unless approved by the IS Department. . No user may sign up for interactive services on the Internet unless approved by the IS Department. . Run virus check on all downloaded files. B. Email The City and County computers have access to global Electronic Mail. This resource gives users access to email communication both internally and externally. Although all City/County policies regarding the use of computer facilities apply to the use of Electronic mail, there are special policies and guidelines for its use. These policies and guidelines are: . The email system may NOT be used for the performance of personal business such as the advertising of personal products or services for sale, the transmission of offensive material, and the propagation of chain letters. . All email attachments MUST be scanned for viruses prior to mailing them to anyone. . DO NOT attempt to send email attachments greater than one (1) megabyte in size. Anyone sending attachments to you must follow this same guideline. The system will reject any attachments larger than one megabyte. . If files greater than three (3) megabytes need to be transferred, contact IS for instructions on available alternatives. . 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" Q) CIl c: CIl ~ U tt: t:: " > 'C: 'C J$' c: ~ ::J 10 if! <0 o o ~ ~ - '" RESOLUTION # <(I (Series of 2006) VUe. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN SUPPORT OF THE 2006 PITKIN COUNTY BALLOT ISSUE KNOWN AS "REFERENDUM 1 B", WHICH REAUTHORIZES THE OPEN SPACE AND TRAILS PROGRAM BY AMENDING ARTICLE XIII OF THE COUNTY CHARTER, EXTENDING A PROPERTY TAX LEVY UP TO 3.75 MILLS FOR TEN YEARS AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATIO DEBT IN AN AMOUNT UP TO $20 MILLION. WHEREAS, the Pitkin County Open Space and Trails program was established by referendum and approved by voters in 1990 and again in 1999; and WHEREAS, the Open Space and Trails program protected 14,000 acres of ranchland, wildlife habitat and scenic open space through purchases of land and conservation easements throughout Pitkin County including Smuggler Mountain, North Star, Hunter Creek Valley, Snowmass Village Snowmass-Capitol Creek, Lenado, Woody Creek, Emma, Basalt, Seller Park, and Crystal Valley; and WHEREAS, the Open Space and Trails program has secured and improved approximately 37 miles of trails throughout Pitkin County including the Rio Grande, Hunter Creek, Owl Creek, East of Aspen, Basalt/Old Snowmass, and the Highlands Trail; and WHEREAS, the Open Space and Trails program has invested $53,000,000 over 16 years acquiring valuable assets resulting in present value of all Open Space assets owned by the people of Pitkin County between $120 - $150 million dollars; and WHEREAS, the Open Space and Trails program has been successful preserving historic agricultural and ranching activities, mining claims from future possible development, historic routes of ingress and egress to public lands and waterways, and quiet areas and scenic views along the valley floor and in the high country; and WHEREAS, the Open Space and Trails program provides recreational opportunities throughout Pitkin County, including the City of Aspen, for hikers, runners, road and mountain bicyclists, fishermen, boaters, equestrians, snowshoers, Noridic skiers, backcountry skiers and other recreationists of all ages and abilities; and NOW, THEREFORE, BE IT RESOLVED THAT THE ASPEN CITY COUNCIL supports the ballot question known as "Pitkin County Referendum 1 B" that reauthorizes the Open Space and Trails program and continues the 3.75 mills property tax increase for an additional 1 0 years. The Aspen City Council urges the electors of the City of Aspen to support said proposed referendum and to vote "Yes" on its passage. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 25, 2006. Kathryn S. Koch, City Clerk RESOLUTION # 'is'2- (Series of 2006) VlIl- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN SUPPORT OF THE 2006 PITKIN COUNTY BALLOT ISSUE KNOWN AS "BALLOT QUESTION 1A DEDICATED PROPERTY TAX LEVY FOR HEALTHY COMMUNITY FUND," DEDICATED FOR THE SOLE PURPOSE OF PROVIDING A STABLE FUNDING SOURCE FOR HEALTH AND HUMAN SERVICES AND COMMUNITY NON-PROFIT PROGAMS. WHEREAS, The Healthy Community Fund is a dedicated source of funding that provides financial support to non-profit organizations that offer critical health and human services to the residents and workers of Pitkin County and the City of Aspen; and WHEREAS, the Healthy Community Fund is supported by a dedicated property tax levy and 100% of the funds are distributed to area non-profits agencies through an annual grant process; and WHEREAS, the Healthy Community Fund supports programs for children, youth, adults, and seniors such as support for victims of domestic violence and sexual assault, care for the terminally ill, mental health counseling for individuals and families, drug and alcohol counseling and prevention, services for adults and children with development disabilities, public health services including prenatal care, family planning, immunizations and communicable disease control, programs that conserve a healthy environment, prevention, intervention and support services for children, youth, and families; and WHEREAS, the Healthy Community Fund supports non-profit organizations that strengthen and enrich the quality of life in Pitkin County and the City of Aspen. Seniors receive regular check-ins and nutritional meals through "Meals on Wheels", people with addictions work toward sobriety, hospice patients receive quality end-of-life care, new moms and moms-to-be become skilled at parenting, and young people learn to make good choices and resist drugs and alcohol; and WHEREAS, the Healthy Community Fund supports Aspen organizations such as Alpine Legal Services, Aspen Camp for the Deaf, Aspen Given Foundation, Aspen High School Project Graduation, Aspen Youth Center, Challenge Aspen, Computers for Kids, Grass Roots Television, Healthy Mountain Communities, KAJX Public Radio, RESPONSE, Roaring Fork Hospice, Shining Star Foundation, Valley partnership for Drug Prevention, Wilderness Workshop, and YouthZone; and WHEREAS, if the dedicated property tax levy for the Healthy Community Fund is not reauthorized, support for human services and community non-profits will decrease significantly. Only services mandated by law will be funded and a few essential services for public health, mental health, and senior services will receive limited funds. Funding to all others will have to be cut. NOW, THEREFORE, BE IT RESOLVED THAT THE ASPEN CITY COUNCIL supports the ballot question known as "Pitkin County Ballot Question 1A", which increases the Pitkin County property tax levy, dedicated for the sole purpose of providing funding for health and human service and community non-profit programs benefiting the citizens of Aspen and Pitkin County, and urges the electors of the City of Aspen to support said proposed ballot question and to vote "Yes" on its passage. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 25, 2006. Kathryn S. Koch, City Clerk V"q RESOLUTION NO. 'i? A RESOLUTION OF THE CITY COUNDIL OF THE CITY OF ASPEN, COLORADO, IN OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN AS "TERM LIMITS FOR SUPREME COURT AND COURT OF APPEALS JUDGES," AMENDMENT 40 TO THE COLORADO CONSTITUTION, THAT WOULD POLITICIZE THE APPELLATE COURTS AND ADVERSELY IMPACT THE JUDICIAL PROCESS WHEREAS, the effect of Amendment 40 would be to limit the independence ofthe judiciary and to politicize their appointment by placing a limit often years on the service of any appellate judge, thereby empowering the governor with the appointment of a majority of the appellate judges after each general election; and WHEREAS, the further effect of Amendment 40 would be to deprive this state of the wisdom and experience of our sitting appellate judges and substitute on-the-job training after each appointment; and WHEREAS, the further effect of Amendment 40 would be to discourage the most qualified trial judges and attorneys from applying for appointment to the appellate bench; and WHEREAS, the further effect of Amendment 40 would be to cause newcomers to the appellate courts to be reviewing the decisions of seasoned trial judges, for whom no term limits are proposed; and WHEREAS, the effect of Amendment 40 would be to remove from office next year five supreme court justices and seven court of appeals judges; and WHEREAS, no other state has placed term limits on the judiciary; and WHEREAS, the best interests of the City of Aspen and its citizens will not be served by the attack on the independence and competence of the judiciary contained in Amendment 40; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that this Council opposes term limits for appellate judges and Amendment 40 on the ballot for the November 7, 2006, general election. ADOPTED the 25th day of September, 2006. Helen Kalin Klanderud, Mayor ATTEST: . MEMORANDUM Villa., TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director ~M FROM: Jessica Garrow, Planner ~ RE: Doerr-Hosier Building (Aspen Institute Conference Center) Height Increase- SPA Amendment - First Readinl!: of Ordinance?j. Series 2006 MEETING DATE: September 25,2006 Second Reading scheduled for October 23, 2006 LOCATION: Lot I-A Aspen Meadows Subdivision commonly known as 870 Meadows Road ApPLICANT /OWNER: Aspen Institute REPRESENTATIVE: Jim Curtis, Curtis & Associates CURRENT ZONING & USE Academic with an SPA overlay Photo oflhe smaller, and shorter of the Iwo pieces of mechanical equipmenl, with Ihe proposed parapet wall height STAFF RECOMMENDATION: Deferred to Second reading, following referral comments from the Historic Preservation Commission. Staff recommends adoption upon first reading. PROPOSED LAND USE: Academic with an SPA overlay Photo of the larger, and taller oflhe Iwo pieces of mechanical equipmenl, wilh the proposed parapet wall height SUMMARY: The Applicant requests an Amendment to their SPA agreement to increase the height of the Doerr-Hosier Building (Aspen Institute Conference Center) by two (2) feet six (6) inches to hide mechanical equipment. Photo of Ihe parapel wall heighl: the lower portion is Ihe height that was originally approved, and Ihe higher portion is Ihe ro osed hei ht wilh the two (2) foot six (6) inch variance. Doerr-Hosier SPA Amendment Staff Report, page 1 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval for site: . SPA Amendment to increase the height of the parapet wall by two (2) feet six (6) inches on the Doerr-Hosier building pursuant to Land Use Code Section 26.440 (Citv Council is the final review authoritv who may approve, approve with conditions, or deny the proposal). PROJECT BACKGROUND AND SUMMARY: In 1991, City Council approved Ordinance No. 14, approving the original Aspen meadows SPA Agreement. This SPA agreement established dimensional requirements for the SPA area. The SPA Agreement, dated January 24, 1992, outlines review procedures for all SPA Variances and Amendments. Ordinance 45, Series 2004 amended the Aspen Meadows SPA to allow for the construction of a conference and meeting hall in place of a lodge building that was approved in the original SPA Agreement. This Ordinance allowed for the construction of the Doerr-Hosier Conference facility. In November 2005, the Aspen Institute decided to make the Doerr-Hosier building into a "green" building and to pursue LEED (Leadership in Energy and Environmental Design) certification. In order to achieve LEED certification, a number of changes were made to the building, including the use of different mechanical equipment that meets LEED requirements. This equipment is compatible with the geothermal energy used in the building and is less noisy than other non- LEED equipment. In order to achieve a lower decibel level and LEED compatibility, the equipment is slightly larger than the equipment originally intended for the building. There are two pieces of mechanical equipment that work to heat and cool the building, both placed on the top of the building in accordance with the original SPA approval and Ordinance 45, Series 2004. One is smaller in size and is lower in height than the originally approved parapet wall height. The second is approximately two feet taller, and sits higher than the originally approved parapet wall height. When the Aspen Institute decided to use this equipment in order to achieve LEED certification, the Institute also decided to increase the parapet wall height to hide the equipment and to maintain architectural consistency with the building. This decision resulted in a building height that exceeded the SPA height limits by two (2) feet six (6) inches. In July, 2006, the Aspen Community Development Department received a zoning complaint from a resident in the Pitkin Green subdivision regarding the height of the Doerr-Hosier building. Community Development staff inspected the Doerr-Hosier building and determined that the parapet wall exceeded the allowable height by two (2) feet six (6) inches. The Aspen Institute then initiated an SPA Amendment request for a height increase. STAFF COMMENTS: SPA AMENDMENT: The Applicant is requesting an Amendment from the SPA Agreement to increase the height on the Doerr-Hoser building by two (2) feet six (6) inches. The review criteria are outlined in Land Doerr-Hosier SPA Amendment Staff Report, page 2 Use Code section 26.440.050, and the review procedures are outlined in the original SPA Agreement, dated January 24,1992 (attached as Exhibit C). Staff supports the Institute's decision to achieve LEED certification and is in general support of increasing the permitted height in order to minimize the noise impacts on the surrounding neighbors and environment. The increase in the parapet wall height will project the noise up towards the sky, rather than out the sides of the building. Staffis waitingfor referral comments from the Historic Preservation Commission before afinal stafffinding is made REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. The Historic Preservation Commission will review the proposed height increase at their October 11 th, 2006 meeting. Those referral comments will be included in the Staff memo and findings at second reading. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on first reading, approving an Amendment to the original Aspen Meadows SPA Agreement to increase the height of the Doerr-Hosier building by two feet six inches. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.1tL, Series of2006, upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Amended SPA Development Plan including Doerr-Hosier Center architectural drawings EXHIBIT C - SPA Amendment Procedures, from original SPA Agreement dated January 24, 1992 EXHIBIT D - Application Doerr-Hosier SPA Amendment Staff Report, page 3 ORDINANCE NO. 81 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING, AN AMENDMENT TO THE ASPEN INSTITUTE'S SPA AGREEMENT FOR THE DOERR-HOSIER CENTER AT 870 MEADOWS ROAD, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-121-29008 WHEREAS, the Community Development Department received an application from the Aspen Institute, represented by Jim Curtis, requesting an amendment to the Aspen Institute's SPA Agreement to increase the parapet wall height by two (2) feet six (6) inches on the Doerr-Hosier building at 870 Meadows Road; and, WHEREAS, the subject property is zoned as a Specially Planned Area; and, WHEREAS, the original SPA agreement allows the applicant to request an amendment to the original SPA agreement of City Council; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval of the variance request; and, WHEREAS, during a duly noticed public hearing on October 23'd, 2006, the Aspen City Council approved Ordinance No. -' Series 2006, by a _ to _ L-~ vote, approving the Aspen Institute's SPA Amendment request for the Doerr-Hosier building at 870 Meadows Road; and, WHEREAS, the Aspen City Council has reviewed and considered the development 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 public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, and the Aspen Institute SPA Agreement dated January 24, 1992, the Aspen City Council hereby approves an amendment to the SPA Agreement to increase the parapet wall height of the Doerr-Hosier Building by two (2) feet six (6) inches. Ordinance No. Series 2006 Page 1 Section 2: Vested Ril!:hts The development approvals granted herin shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 870 Meadows Road, City and Townsite of Aspen, CO, by Ordinance No. _, Series of2006, of the Aspen City Council. 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 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 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 ofthe remaining portions thereof. Section 6: A public hearing on the ordinance shall be held on the 23rd day of October, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. Series 2006 Page 2 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the _ day of November, 2006. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _ day of October, 2006. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney C:\Documents and Settings\jessicag\My Documents\Cases\Aspen Institute\AspenInstitute ORDINANCE 9-25-06.doc Ordinance No. Series 2006 Page 3 Exhibit A - Staff Findings 26.440.050 Review standards for development in a Specially Planned Area (SPA). In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. The requested Amendment would increase the parapet wall height by two (2) feet six (6) inches. This height increase is proposed in order to reduce the visual impact of the machinery on the roof of the Doerr-Hosier building. The machinery is larger than originally anticipated because the building will undergo LEED certification and the larger equipment will help the building achieve that certification. There are two (2) pieces of mechanical equipment that are needed to ensure the building is energy efficient. One piece is hidden by the original parapet wall height. The other piece of mechanical equipment is taller than the approved parapet height, and requires an increase of two (2) feet six (6) inches in the parapet height in order to conceal it from view. The parapet wall also functions as a noise barrier for the pieces of equipment. The mechanical equipment is estimated to produce noise equal to 40 to 45 decibels. The higher parapet wall helps minimize the impact on the surrounding neighbors by directing the noise towards the sky, rather than allowing it to easily come out the sides. The parapet wall will be made of insulation and a metal material, which was approved as part of the original parapet wall. This ensures the higher parapet wall matches the rest of the building material and architectural program. Staff will make a finding on this criterion following the review by the Historic Preservation Commission on October 11, 2006. The staff finding will be included in the staff memo at second reading. 2. Whether sufficient public facilities and roads exist to service the proposed development. The requested Amendment is to increase the parapet wall height on an approved building that is currently under construction. The height increase will not impact public facilities or roads. Staff finds this criterion to not be applicable. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudjlow, rockfalls, avalanche dangers andjlood hazards. The requested Amendment is to increase the parapet wall height on an approved building that is currently under construction. Staff finds this criterion to not be applicable. Doerr-Hosier SPA Amnendment, Exhibit A page I 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. The proposed parapet wall height increase is intended to minimize the visual and audio impacts of the machinery. The parapet wall creates a larger mass than the equipment, as it encloses both pieces of equipment and the approximately four (4) feet of space between the two (2) pieces of equipment. This larger mass is visible from neighbors living in Pitkin County in the Pitkin Green subdivision across the Roaring Fork River. The parapet wall will decrease the noise impact associated with the equipment, as it will direct the noise up rather than allowing it to disperse. This will minimize the audio impacts on the neighbors. Staff will make a finding on this criterion following the review by the Historic Preservation Commission on October 11, 2006. The staff finding will be included in the staff memo at second reading. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. The requested Amendment would increase the parapet wall height by two (2) feet six (6) inches. The relevant AACP sections for this Amendment request include Parks, Open Space, & the Environment, and Design Quality. [Note: the original SPA Agreement established the overall development's compliance with the AACP] The proposed height increase will help reduce the noise pollution associated with the mechanical equipment. The mechanical equipment is larger than original anticipated in the original SPA Agreement because the building is attempting to attain LEED certification. The equipment itself meets the AACP goals in terms of achieving environmentally friendly development and design and by reducing the energy costs associated with the approved development. The height increase meets the AACP goals by reducing the adverse noise impacts on the surrounding environment. The proposed height increase meets the AACP's goal of achieving good design quality. The proposed materials are the same as were approved in the original SPA Agreement, and will compliment the original building design by ensuring a consistent architectural program. HPC evaluated the design originally proposed for the building and approved it, as it was consistent and appropriate with the Aspen Institute area. The increase in the parapet wall is consistent with this initial HPC finding. Staff finds this criterion to be met. Doerr-Hosier SPA Amnendment, Exhibit A page 2 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. The requested Amendment is to increase the parapet wall height on an approved building that is currently under construction. Staff finds this criterion to not be applicable. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B}(2). The requested Amendment is to increase the parapet wall height on an approved building that is currently under construction. Staff finds this criterion to not be applicable. 8. Whether there are sufficient GMQS allotments for the proposed development. The requested Amendment is to increase the parapet wall height on an approved building that is currently under construction. Staff finds this criterion to not be applicable. 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A....._...._ rn .---------..------ , I ( ~t.i'li ilil;! \Inil ~hl!i '.aUI , a I-O.",ffi -~ t'~~~O i liP i !i i i ~ I ~- ..... !;;;! ~= -15 'm ;;;;; .- ,:I Iq~ ...0; ;!~! ~ !i ! / \ / \/ ~ 'i i .1. ..L ~~n - The Aspen Institute Doerr-Hosier Center A..nen Meadows. Aspen, CO. -- ...."...c JEFFREY REKKUS ARCmTl!CTS . ~nw..............<:O~lIU "ll-m_1QI~.~..''''-92~..llJl ......,..,~ ...,!t.... 1000001!.flaft$lI1!Rlmi'fAlCHfl'ECT ClVlCFORlJM~IM. P.Q.Bo:.""....,....roll/iU '.......il-02;Il_~..II'1041G-7n3 !:il _ ilii v> iil :"3 .: ~ :=:; - 'HiS \. _5... ;h~ ':'-:J r()i ~ ~ - .. TbeAspe. nl nsti tut.e..... IEI'FREY.';j.~~~~~;,i~~~~ C Doerr-Hosier Center ,_~;;,c;;rncr _ CIVICFOtwMAs6ocialfSinC- A..",..n M@adows. ASDen. co. =.'::"'=';;' :~ : I I'} II , . , en o ~ ~ ~ en .... . ~. ;~ nn en o ~ ::t ~ m .... I I I I \ I I I I I I I I I I I I I I I I b I I~ ; I HI . Ii i ' {) )Ij !./J, I I 1 1 I 5 I ~ I m :1 i 1 1-,--- ill i' ii! n~ Iii , , , ; I , ; , . ; j ;. . , I 3 II IJ n Ii Ii z ~ ;r. m )> (I), -i !i II II .. 'I 1 I I I I I 1 u . . I, !hl b ,. , . 'I : , i ~m II "I '1 :11 I II i== ;;;;;; i= I 1m '!!!! iii .= =!I!&i I..", :j;i ,,:... ; -L ill~ n. n~l :~ . ! -L ~ The Aspen Institute lE.my BBBKUS ARc.mEers' n . . ~~~ft~t.'l~~f..~i}. Doerr-Hosier Center ,__,_",u"", JOEDlISQreE!lI!1lUl1l'l..ucHIniCT crw: lIORUMJ.uodlIoflos tn.. A~n.pn Mpat1nw~_ A~npn_ co. ~_~~~~~!. I U;:.m the receipt of such retition. the Ci:y Couned ~J:all pwrnptly scl1cdulc a hearing to (;'(Illsidcf tl1.~ mailers set forth in the ccase and desist order and in lh~ petition. The lK'Jring $11;.11 be convened and conducted pUrSU3n1 to the pro.:.:t:durcs normally establi:-.hcd by the Cily Council for other hearings or pursu:mt to such other procedures. fe-fmal or inr'"ormal. upon v.:hich the City and the ~on.Cor.lplying l-.fcmber .shall a~rc('. If the City Council ,jctcrmincs by the evidence that a non-compliance exists whkh has not been rCPlcdiCiJ, it may issue such orders as may be appropriate: pr~l\.'dcd. howe\'er. no Nucr I::rminar.ing any approval granted herein shall be issued \'.:iii:,., ; :~ finding of lhe City Counci', thal cv:dcncc wanants such action and affording the Non-Complying Membcr :t reascJnabJe timc. not less than thirty days. to remedy such non-compliance. :\ final determination of !'1(H1-compliancc which has not been remedied or f(lT which no \'Jrianci:: has b(:cn granted In;,!Y. at the option of tbe City Council. and ..(lOP written notice to the ;\:on-('oH1plying MC"r'~.lL'r. termin;;.lt: any of the approvais conf:li:1cd herein which Jrc: n:as0nably n:lat~d :0 the r('qtlirel11c,'I~';) with which thcre has b::en SUC~I cstablislll.:'\i non- compliance; ;lOwc\'cr. uri<lcr no cirCUm"i[.lnccs will a failure to comply on the part of the Non-Complying ~1cmbcr i:1 respect 0:- ar.y oblig~tions thal :1'.Icnd rhat compone!!t of !he I'ro.;cct (or which it is responsib1e as outlined above, affec! the app:-oval.s for any of the r.:maining components of tho; PTl".ject. The CityCollncil may frant sud1 variJnecs, c-xlcnsions Of time or ~li'::-nd::1ents tn this Agrccmcm as !t may deem appropriate under li;c: circumSIJf".ces as an alternative di-"pc3itioi1 of any finding of n~ll-complian('c. f '," .. I I 667 771 r I r [ I I. / In addition to the foregoing, the Consonit:m or its ~lIccc~.sors or as:.;:gn:i, or <lny member thc,"'eof may, on its or their O\..'n initiative, j"letitiOil tne City Council for a variance. an amendment to thi~ ^greement. or an exten~;ion of Ct1~ (Ir l11(1rc Dr th~' tilll~' paiods rl'quin:d for pc. formance hereunder. Cl otherwise. The City Council n~~y grant sllch ~'~lri;mccs. amendment.s to this Agreement. or e:-::te:1sions of time a'i it may ul:crn arpropriate under the circumstances; provided in ~1I events tlla! the City Council shall not ur.rcasonably refuse to extend the time periods for p..:rforrn;in(:~ indicalcd in one or 11:or(: of the Construction Schedules if t111: affected mer,:'Jer or tll~ Consortium demonstrates that the reasons for the dela:/(s) which necessitate such eXlcnsion(s) arc beyond the control of slIch member. dcspite good fdith efforls on its pJrt to pL'rform in a tinlL.]Y manner. Notwithstand:ng :J.nything in Ihis S~ction R to the contrary. IhC' '-Jrcgoing concerning non-co:Tlphancc 3.nd requests for amendments. or extensions s!mll IlC'lt :!pply in connection with any matter with respect to which l!lC Aspen Ci~y Charter 0;" 'tbe ~lunicip~1 Code hJS invested original jurisdiction in other boards, such :l.S the Board oi Appeals ar.cj Examiners. With respect to stich m;::ttcrs the rules of practice and ~rT('lcedure eSlablished for and/or by stich boards shall. in the first instance. apply'. :'\on..:ompJianC'c with one or more of the Construction Schedules set forth above Que to difliculties with ClInd raising or other occurrences olltside of the control of the non-prolit lI1em;lers of the COr.~01 tium shall be examined in c:.ny non-compliance hearing before the City Council and can be a basis for granting a vari:J.nce from an extension of any of stich \\:hcdu:cs. " [ I i II I I I , :'7 ...-~ , \.~;: I I . I i~ ;C , ~ ;rJ * il. f)(\J1prt0"i , _. .~'. ..~.,f';;~":: 667 T,O Prr';>crty. subject to rC':1'\01~abh:: rCful:\lit1;1S a" m:lY. fr(11ll time to lime, h. established by the owners thereof in order to pwtL'([ tilL'ir pr(lpcny, as \\l'il ;1', \111.: academic privacy and scn:ni!y of the c:\mplls. ilS pn1gr;\111'i and lhi..: hl\dlll ;\lHI safety of other users and visitors. l..l.) MA:\ Parkin" Lot. The MAA parkmg lot sInH be plo;\'lx! .md Li'\ \,;lC;\f 'If SI'OW during all wintertime pCrfOrlll<lI1CCS or functions at ~.t:\!\ fal.:ilitit.::-. Ill. ~HSCI:Lr...\:-;l"UJ~ :\. PERIODIC PROJf-:CT REVIE\VS To tIle ex[ent practical ar.~ ncv;.\.HtIY. CVtl) ~:~ mamhs followin!! the dale I1L'fl.,(,r ulllil the construction of ail componcn13 of the Prc.jcct is complete, 1Iil' Consorl:um shall, if requested [hereby. meet \',:ith the City Planning Oflicc for the purpose of inrornll;l~~ the Plannmg Office as to thc p~og:res.i in developing the rrnjL'.:t ;'JUrs~lant to thc terms hereof. If the Planning Officc deems it neccss:try. the r'i;mning Onice will report to the ^,~pen PI:!.nning and Zoning Commission on the outcome of OriC or morc of thl'SC Illcl.:tings, The Consortium and the City rl.:CC1gnizc tli:1t thcse mcetings, wlll'n deemcd lleCCS~;\r:'. arc for purposes of providing progress reports and dc\'c10ping. Illlltu:J.lIy accerllJble solutions to any problems that may he encountered during constr.,~!..ti()n. ."ON.r.()~IPLl,\NCI' AND REOtJEST FOR ,\~IEND1;!rNTS OI~ E:>;TENSJONS in the cvent that thc City dctermines that an individual member of tile Consortiulll is not acting in substanti~! compliance with the terms of this Agrecment ;ll1d/or ene or more of the Constr'Jctio!1 Schedules submitted to the City Engineering Department in acconbnce herewith (a "Non.Complying Mcmhcr"), the City Council may issue and SCT'\'C upon the Non-Complying Member a written order ~;pe~;f;<,lg the alleged non-compliance and ,cq'.liring thc Non-Complying r-.fcml1'~r to remcdy the s.-:.me within such reason:lblc time as the City Council may d('tcrminc. Within twenty days of the receipt of such order, the ]'\on-Complying Member may fill.: with the City Council either a notice advising the City Council that it is in compli;:nce or a \vritten petition requesting a hearing to determine any aile or both of the follow.ng mallers: (:1) \Vhether the alleged non-compliance exi~IS (If d:d exist. or (bl Whcther a '.'ariance, extension of time or amendment to this Agrcc:'llcnt SllOUld be grantee with respect to any such nrlO-compliancc which is determined to exist. . .'6 ,.....~ ~\. . ~ ;c , .!J 1" '-..a-~T" ...... '- . :..- 't.' ..;-r. ~ .:A ',- . ~ ,>' ~;1~~ .;UV~. . .~. .fri!'~' "~':r!-"tk':',,';! . ',. 11''''<' . ~ '," , . .. ,.. . ,:' ~ . . -4 1':;':... \1.-- ':;~'~;,r: ,....., ::-" 'I . - ~;_:.'~_..' .'. -....~,,-;. 0- r, . ~-~ . -,;~;t~+.~~';'::;;'~~ ._ _ - " aY~..i.:;;'-.t.";.'";'::",: '. .......- r-.!~~ I Parapct Wall Vicw From Front of Building South- West Elevation Parapet Wall View From Side of Building North- West Elcvation b - Parapet Wall V' Jew From U ' Looking N tl pper 1 errace or 1- Wcst I . I I ....--. _. . - . '4 :;f~ "- - View of Mech . Hidden bva;lcal Equipment . arapet Wall EX\ii'o)tD CURTIS '&> ASSOCIATES MEMORANDUM TO: Jarnes Lindt, Todd Grange, Aspen Community Deve. Office Aspen Zoning Officer FROM: Jim Curtis Aspen Institute Owner's Representative DATE: August 28, 2006 RE: Non-Compliance Petition & Minor SPA Variance Request For Rooftop Parapet Wall Height Conference & Meeting Hall Building (aka Doerr-Hosier Center) 870 Meadows Road, Parcel # 2735-121-29008 Aspen Institute, Owner Request The Aspen Institute respectfully requests a 2'-6" height variance for a rooftop parapet wall surrounding and screening the mechanical equipment on the north roof of the Doerr-Hosier Center currently under construction. The parapet wall has been constructed (but not finished), and only recently did it come to our attention the wall was higher than the parapet wall shown on the SPA (Specially Planned Area) drawings. The parapet wall hides 2 pieces oflarge rooftop mechanical equipment (air handling units) from the view of the public and the slightly higher wall is felt to be the best solution to hide the rooftop equipment. The alternative is to lower the parapet wall and expose the upper 2'-6" of the rooftop equipment to public view. The approved SPA drawings showed a parapet wall of approximately 4'-8" vs. the higher wall of approximately 7'-2". The SPA drawings were approved and recorded on April 18, 2005, prior to the September 2005 groundbreaking of the building. As is fairly typical, at the time the SPA drawings were recorded, the architect did not know the exact size of the rnechanical equipment. He did know that mechanical equipment would be on the rooftop and that a parapet wall would be necessary to screen the equipment. SPA VarReqDoerr-Hosier08286 I 300 East Hyman Avenue' Second Floor . Aspen, Colorado 81611. ph: (970) 920-1395' fax: (970) 925-5046 Subsequently, the Aspen Institute committed that the building would be a "green" LEEDS Certified Building, which it will be, but because of this some of the mechanical equipment became slightly larger to be "more green" and quieter. Therefore, the parapet wall was built slightly higher to hide the slightly larger "greener" mechanical equipment. The parapet wall will be covered in a gray non-reflective zinc metal paneling consistent with the SPA drawings. Backl!:round In late July, I received a call from Mr. Todd Grange, Zoning Officer, saying he had received a call from a resident asking us to check the Doerr-Hosier building heights. Pursuant to Mr. Grange's request, we survey checked the building heights and found all heights were in compliance or slightly lower than the SPA drawings other than the parapet wall surrounding the mechanical equipment on the north roof of the building. Once the survey heights were known, Mr. Grange and Mr. Stephen Kanipe did an inspection ofthe building with us. I have also recently inspected the building with Pitkin Green neighbors whose view planes are most directly impacted by the building. All parties I have personally spoken with feel keeping the higher parapet wall is preferred to lowering the parapet wall and exposing the mechanical equipment to view. Procedurally, the original 1992 SPA Agreement envisioned these type of minor adjustments and established a straightforward manner to handle them under Article III(B)-Non-Compliance and Request for Amendments or Extensions. I and the Aspen Institute both thank you for your consideration of this item. cc: Amy Margerum, Aspen Institute SPA VarReqDoerr-Hosier08286 2 MEMORANDUM \Xa Mayor Klanderud and City Council Ben Gagnon, Special Projects Planner ~ Chris Bendon, Director, Community Development ~W) Jewish Community Center 435 W. Main St. Growth Management Review, Subdivision Review and Historic Designation Public Hearing, 2nd Reading of Ordinance No. 36, Series of 2006. TO: FROM: THROUGH: RE: DATE: September 25, 2006 ApPLICANT: Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services. REPRESENT A T1VE: Alan Richman Planning Services LOCATION: 435 W. Main Street, Lots A-I, Block 38. CURRENT ZONING: Mixed Use SUMMARY: The applicant requests approval of a Growth Management Review as an Essential Public Facility, and Subdivision review. STAFF RECOMMENDATION: Staff recommends that the City Council approve a Growth Management Review as an Essential Public Facility and Subdivision review, with conditions. Staff strongly supports this development as an Essential Public Facility due to the provision of a Pre-School, teen and adult educational programming and a place of worship for one of the world's oldest religious traditions. The proposal also meets the intent of each chapter in the AACP, due to the preservation and designation of historic structures, the incorporation of affordable housing on- site, its location in the Infill Area and along a transit route, the building's context- sensitive design, and the provision of cultural education and promotion of diversity. PROPOSED COUNCIL REVIEW PROCESS: . Brief description of the two approval requests as listed above; . Historic Preservation Officer Amy Guthrie's description of the HPC process to this point and taking questions; . Applicant's overview ofHPC process and current requests; . Staff review ofP&Z approval and key issues; . Council identification and discussion of key issues and any additional information needed from staff or the applicant; . Public comment. 1 PROJECT SUMMARY: The subject property is currently owned by the Jewish Resource Center Chabad of Aspen, which currently holds religious services in a single-family home on the property. The existing 18 cabins are currently rented out for lodging. There is a variety of programming planned for the new Center: ~ The Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and the Center expects up to 40 children to attend. ~ The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children. ~ The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people. ~ Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. ~ Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. ~ The special events planned at the Center are expected to generate attendance ranging from 50 to 200 people. These special events will range from films and lectures to barmitzvahs and weddings. The applicant has agreed to limit these special events to no more than ten (10) per year. DIMENSIONAL REQUIREMENTS & PROPOSED CONDITIONS TABLE: NOTE 1: HPC has granted a variance for the front yard selback for the hisloric cabin at Conceplual Review and will consider granling a variance for Ihe front yard selback for the new buildings at Final Review. NOTE 2: HPC has granted a variance for the side yard selbacks for Ihe existing hisloric cabin along Third Slreet at Conceptual review. An encroachmenllicense was previously granled by Ihe City for Ihe cabin Ihat extends onto Ihe public right of way (see Clerk and Recorder Reception No. 396080). 2 HISTORIC PRESERV A nON COMMISSION REVIEW: DESIGNATION OF HISTORIC PROPERTIES: Applicants for historic designation must show that a structure meets the criteria, pursuant to Section 26.415.030(B). The HPC makes a recommendation to City Council to approve, approve with conditions or deny an application. Final Review Authority: City Council. CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT: This review is required for the construction of a new structure within a Historic District, and requires approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan, pursuant to Section 26.415.070(D)I(a-f). Final Review Authority: Historic Preservation Commission. HISTORIC DESIGNATION 26.415.030B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance ofthe property located at 435 W. Main Street was evaluated according to the following criteria: 1. The property was constructed at least forty (40) years prior to the year in which the application for designation is being made and the property possesses sufficient integrity of location, setting, design, materials, workmanship, and association and is related to one or more of the following: a. An event, pattern, or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contributions to local, state, regional or national history is deemed important and can be identified and documented, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. Staff Response: According to the Assessor's office, the cabins on this site were built in 1940. Quoting from the white paper that has been prepared by the Community Development Department titled, "Aspen's 20th Century Architecture: Rustic Style Buildings," "In Aspen, Colorado, Rustic Style cabins used as lodges and residences, began to be built in the 1930's, though the tourism industry was Circa Mid_20th Century photo of 435 W. Main Street still in its infancy. The Waterman Cabins, built in 1937, and once located at the corner of ih and Hallam Streets, have since been demolished, but were one of Aspen's first group of small tourist cottages. The Swiss Chalets (now L'Auberge, and suffering from the "chalet" misnomer- as they are indeed, in the rustic style) are located at 435 W. Main Street, and were built during roughly the same period. Prescient, and perhaps with a nod to the automobile's growing influence in American society, a motor court configuration at the Chalets allowed guests to drive right up to the individual units." Stafffound that 435 W. Main Street helps to illustrate the trends related to early development oftourism in Aspen and therefore meets "Criterion A." "Criterion B" can be difficult to apply for recent past properties because for the most part they are associated with persons who are living and whose contributions to history cannot be evaluated without bias. At present, staff does not have information that would support a finding that "Criterion B" is met. The Rustic Style paper defines the distinctive characteristics that must be present in order to meet "Criterion C." They are: . Hand built structures that are constructed out oflocally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. Later examples include machine cut logs. . The buildings are usually single story, with a low-pitched gable roof. . True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. Machine made buildings mimic these details, though without the chinking. . Window openings are spare and usually horizontally proportioned, wood trim is used to finish out the window openings. . Building plans are simple rectangular forms, with smaller additive elements. . The roof springs from the log wall, and gable ends are often infilled with standard framing. This may be a small triangle or a second level of living space. . The emphasis is on hand-made materials and the details stem from the use of the materials, otherwise the detail and decoration is minimal. Staff finds that 435 W. Main Street exhibits all of these fundamental characteristics and meets "Criterion C." These small cabins are hand-built, rectangular frame structures with board and batten siding, which was a common material for the style along with log. Each building has a chimney and a limited number of small windows. The property meets two of the three designation criteria, which leaves the question of integrity to be evaluated. Integrity can be measured through the scoring system that HPC 4 has developed. Staff has completed site visits and an initial assessment for all of the remaining Rustic style buildings constructed during the local period of significance, which has been identified as pre-World War II until the early 1970's. At least 20 buildings exist in town that might be considered important within the Rustic style, including residences and lodges. Only four of these properties, 308 Park Avenue, 300 W. Main Street, 501 W. Main Street, and 304 W. Hallam Street, are currently landmarked. In general the L' Auberge cabins are well preserved. Two are connected together. It is not clear if this is an original condition or not. It dates from at least 1969 based on aerial photographs. Staff's integrity assessment for 435 W. Main is that the property warrants 85 out of 100 points, which is above the 75 point minimum requirement. The least successful aspect of the property's integrity is preservation of the setting, which has been greatly impacted. Staff supports landmark designation for this property. For clarification, designations are always defined by the entire boundary of the property, and not limited to individual structures on a lot. In August 2005, the HPC voted 5-0 to recommend approval of the landmark request. MAJOR DEVELOPMENT The applicant and the Historic Preservation Commission met during a series of public hearings over 18 months, resulting in the HPC granting Conceptual Approval for a Major Development in August 2005. Historic Preservation Officer Amy Guthrie will briefthe Council on the HPC process. The following is a brief recounting of the HPC's review of the application, which focused on several issues and factors, including: . Preservation and historic designation of the 1940's-era cabins; . Retention of some of the cabins on-site; . The new development's relationship to the height + scale of the cabins and other designated buildings in the district; . The FAR that is allowable for the property. Ultimately, the HPC granted Conceptual Approval for a Major Development that features two buildings with a recessed connector element, intended to respect the context of Main Street by breaking up the mass of the project. In addition, the applicant agreed to retain six cabins at their existing locations on-site and apply for historic designation of the cabins. Also, the new building to be located adjacent to the cabins at the east side of the site is reduced in height and scale to respect the height of the cabins. Breaking up the massing of buildings and reducing the height of buildings through the HPC process resulted in a proposal that is substantially below the allowable FAR for the site. Of the 26,981 square feet allowed under the code for the MU Zone District for this property, the proposal calls for 19,645 square feet, or about 73% of the allowable FAR. This total amount of FAR includes 1,268 square feet of affordable housing. 5 As the project evolved, encroachments into the setbacks developed, including front yard setback variances for a portion of the new building, and variances on the minimum distance between the new buildings and the front of the historic cabins. Staff recommends resolution of remaining dimensional variances be left for HPC Final Review. As part of Resolution No. 31, Series of2005, the HPC: . Granted Conceptual approval for a Major Development; . Recommended Council approval of Historic Designation, which includes the retention of six cabins on-site; . Granted approval to relocate three additional cabins off-site, pending the location of a satisfactory receiver site and method of relocation; . Granted setback variances for the existing cabins; . Stated its intention to approve a parking waiver pending P&Z and Council's recommendations related to parking. PLANNING AND ZONING COMMISSION REVIEW: GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION: This review determines the number of employees to be generated by the development, pursuant to criteria outlined in Section 26.470.050(A)I(a-f). Final Review Authority: Planning and Zoning Commission. SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS: This review establishes off-street parking requirements, pursuant to criteria outlined in Section 26.5 I 5.040(A)I- 3. Final Review Authority: Planning and Zoning Commission. The applicant's second step in the review process was two public hearings before the Planning and Zoning Commission (please see Exhibit C: P&Z Minutes). The P&Z approved a Growth Management Review to determine employee generation, and a Special Review to establish off-street parking requirements. While the P&Z has final authority under both of these review processes, the substantive issues of affordable housing mitigation and off-street parking will be part of Council's Growth Management Review as an Essential Public Facilitv. The following recounting of these issues as presented to the P&Z includes a review of the Council's role regarding these issues under the Growth Management Review as an Essential Public Facility. The P&Z recommended that City Council approve a Growth Management Review as an Essential Public Facility, and Subdivision review. Determination of Employee Generation The Planning and Zoning Commission determined employee generation at 9.63 employees, relying on an analysis of the application by the Aspen Pitkin County Housing Authority (please see Exhibit G). In addition, the applicant has agreed to a condition of approval that requires an employee generation audit two years 6 from the issuance of the certificate of occupancy to confirm that the employee generation forecast was accurate. Under the Growth Management Review as an Essential Public Facility, it will be Citv Council's decision to establish the appropriate mitigation for the 9.63 emplovees. The proposal includes three cabins as Category 2 rental affordable housing: two studios and one, one-bedroom, which mitigates for 4.25 FTEs. The APCHA Board has recommended that the three affordable housing units on-site are sufficient mitigation for this project. Staff agrees that this 44% rate of mitigation is appropriate for this project, and a condition of approval requires that any additional FTEs generated in the future be mitigated at the same rate. Establishing Off-Street Parking Requirements The limited number of off-street parking (9 spaces) approved as part of the P&Z Special Review to Establish Off-Street Parking Requirements is a result of several factors related to the physical constraints of the site, the design of the site plan, the location of the site, and the future programming and operation of the Center, including: . A private covenant by the former owners and a neighboring property owner establishing a 20- foot open space reservation in the southwest corner of the property; . HPC recommendation to retain six cabins on the site; . HPC recommendations to lower height at the east of the property and the breaking up of masses, resulting in the relocation of several functions into sub-grade areas, eliminating the potential for sub-grade parking. . The staggering of programming and events at the Center throughout the day and week, reducing parking pressure on neighboring streets; . Use of the parking spaces off the alley as a one-way, continuous movement drop-off and pick -up area facilitated by staff for pre-school operations at the Center; . The availability of on-street parking in the neighborhood as demonstrated by the applicant's parking study; . The location of the Center on a transit route; . The provision of bike racks and free bus passes for employees; . The commitment to car-pooling and ongoing communication with users of the Center regarding the lack of on-site parking. One of the criteria of the Growth Management Review as an Essential Public Facility, which Council will review, requires that a project "represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communications utilities, drainage control, fire and police protection, solid waste disposal, oarkinf! and road and transit services. 7 While the P&Z approved a Special Review to Establish Off-Street Parking Requirements, the Council will be able to review the subiect of parking under its Growth Management Review as an Essential Public Facility. Center Programming & Parking While there is a variety of programming planned for the Center, these distinct uses are staggered throughout the day, from 8 am to 10 pm. In addition, some uses will create drop-off and pick-up scenarios, while others will attract a mixture of short-term and long-term parking. The proposed Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and while the Center expects up to 40 children to attend, the mode of transportation is a drop-off and pick-up scenario. The applicant has agreed to a condition of approval requiring the use of seven (7) parking spaces and safety cones to create a one-way, continuous-movement drop- off program facilitated by staff at the Center, rather than using these seven parking spaces as traditional parking spaces for pre-school drop-off and pick-up. The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children under a similar drop-off scenario. The schedule avoids overlapping with the end of Pre-School, thereby staggering drop- off activities. The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people, and the Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. Both of these programs are expected to generate short-term parking, but at different times of the evening. Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. Because it is typical that couples and families attend these religious services, there is a natural carpooling effect. In addition, some attendees will adhere to the traditional Jewish prohibition on driving during these times, and will use alternate modes of transport to attend. The special events planned at the Center are expected to generate the largest demand for parking, with attendance ranging from 50 to 200 people. The applicant has agreed to a condition that limits the number of these events to 10 per year. If more special events are to be held, the condition of approval requires the Center to undergo a review of its employee generation - with the potential for additional mitigation -- and an additional Special Review of its off-street parking requirements before the Planning and Zoning Commission. In addition, the applicant has agreed to a condition requiring starting times for special events no earlier than 6 pm during the winter season and no earlier than 7 pm during the summer season. The intent is to hold these events when on-street parking is more 8 readily available, after those who work in nearby offices and retail stores have left the area. These special events will range from films and lectures to barmitzvahs and weddings. Although it is impossible to calculate a percentage, family celebrations are expected to generate attendance from extended family, who are likely to stay with relatives or in lodges that provide van services. The special events will place the largest demand on street parking in the neighborhood. Applicant's Parking Study The applicant submitted a parking study in 2004 by Fellsburg Holt and Ullevig (FHU), and submitted an updated study by FHU in May 2006, which considers the implementation of the bus lane on Main Street and the accompanying reduction in on-street parking spaces. In addition, the applicant submitted a revised study in July 2006, as requested by staff. The studies examine the on-street parking occupancy on ten (10) blocks surrounding the Center, using data collected in March 2004, and late June 2006 (as requested by staff). The report concludes that for normal daily and weekly operations, "nearly all Center patrons would be accommodated along the block faces adjacent to the site," while larger special events that are limited to ten (10) per year, would fill "both sides of the street on the three blocks nearest the Center." Staff believes that the location of the Jewish Community Center along a mass transit route, the staggered schedule of parking demands, the conditions of approval regarding multi-modal transportation, the apparent availability of on- street parking according to the studies conducted by Fellsburg Holt and Ullevig, and the nature of the various uses at the Center combine to create a scenario that appears to serve the parking needs of this project. Conditions of Approval Related to Parking Issues The Planning and Zoning Commission approved the following conditions to support its approval of off-street parking requirements. These conditions are part of the Ordinance before Council, as follows: . Nine (9) off-street parking spaces. . Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. . The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create a one-way, continuous-movement drop-off program, and not as traditional parking spaces. The applicant shall be responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. 9 . Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way designation shall be decided in cooperation with the City and the neighbors on the alley. . Ifthe Center holds more than ten (10) Special Events in a calendar year, as defined on p. 6B ofthe February 2006 application, the applicant shall be required to obtain an additional approval for a Special Review to Establish Off-Street Parking Requirements, pursuant to Section 26.5l5.040(A) 1-3. . Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. . Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. . Applicant shall maintain information on its website regarding the lack of on- site parking, and information regarding car-pooling or use of public transit. . Applicant shall not schedule Special Events with a projected attendance in excess of 50 people before 6 pm during the winter season or before 7 pm during the summer season. . Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. . Applicant shall stagger arrival times for pre-school classes once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class. . Applicant shall actively participate in the City's Transportation Options Program (TOP). . Applicant shall provide covered and secure bike storage. . Applicant shall provide free bus passes to employees who do not live on- site. NECESSARY LAND USE APPROVALS: The following City Council land use approvals are requested and necessary for approval of this project. GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY: This review focuses on the development's role as an Essential Public Facility. The Community Development Director has determined that the proposal is an Essential Public Facility, pursuant to criteria outlined in 26.480.050(A-F). The Planning and Zoning Commission recommended that Council approve this application with conditions. Final Review Authority: City Council. SUBDIVISION REVIEW: Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required, pursuant to criteria outlined in Section 26.480.050(A-F). 10 The Planning and Zoning Commission recommended that Council approve this application with conditions. Final Review Authority: City Council. DESIGNATION OF HISTORIC PROPERTIES: Applicants for historic designation must show that a structure meets the criteria, pursuant to Section 26.415.030(B). The HPC makes a recommendation to City Council to approve, approve with conditions or deny an application. Final Review Authority: City Council. KEY ISSUES: The following addresses the key issues regarding each of the two (2) reviews before the City Council: Growth Manal!:ement Review as an Essential Public Facilitv The Land Use Code establishes this as a separate review process largely because Essential Public Facilities are often unique. A more typical Growth Management review often focuses on the generation of new employees due to intense commercial uses, or free market residential uses that result in a high level of services. In this case, there is no commercial component, and the residential component consists of three units of affordable housing. The first criteria for a Growth Management Review of an Essential Public Facility requires that the Community Development Director determine that "the primary use and/or structure be an Essential Public Facility," defined as: "A facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community." The Community Development Director has determined this project is an Essential Public Facility for the following reasons, taken together: . The proposal would establish a primary location for religious services and religious education in one of the world's oldest religious traditions for the first time in Aspen. The Center represents a new addition to existing locations for religious services and religious education, such as St. Mary Catholic Church the Aspen Community Church, the Aspen Chapel, the Episcopal Church in Aspen, the Messiah Lutheran Church and others. Providing appropriate spaces for religious reflection and education serve an essential public purpose. . The proposal includes a pre-school, teen programs and adult education programming that is open top both Jewish persons and members of the broader community. A pre-school is a rare use in the City of Aspen, and an extremely valuable asset to the community. Also among the criteria for Growth Management Review as an Essential Public Facility is "consistency with the 2000 Aspen Area Community Plan" (AACP). Staff strongly believes the proposal meets the intent of each chapter in the AACP, due to the preservation and designation of historic structures, the incorporation of affordable housing on-site, its location in the Infill Area and along a transit route, the building's context-sensitive design, and the provision of cultural education II and promotion of diversity. Staff has excerpted from each chapter of the AACP and described the applicant's compliance as part of its response to this criteria (please see Exhibit A). Under this Growth Management Review, the Council must find that "a sufficient percentage of the employees expected to be generated by the project are mitigated through the provisions of affordable housing or cash-in-lieu thereof.." The APCHA Board has recommended that the mitigation of 4.25 of the 9.63 employees to be generated by this proposal is sufficient mitigation. Staff agrees that this 44% rate is adequate. The retention and use of three cabins on-site (two studios and a one-bedroom) as affordable housing, the substantial impact on the site design from the retention of these structures and the applicant's request that the cabins be designated as historic structures contribute to this staff finding. In response to a question from Councilman J .E. DeVilbiss at 151 Reading, the City has typically required less than a 60% housing mitigation rate for essential public facilities. For example, the ARC features only one affordable housing unit. Most recently, there was no housing mitigation required for the addition to the Red Brick Building. Generally speaking, this lower mitigation rate reflects a recognition that an essential public facility intrinsically provides a public benefit. Another Growth Management Review criteria requires that a new project "represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communications utilities, drainage control, fire and police protection, solid waste disposal, oarkinf!: and road and transit services. " The most significant potential impact of this proposal on public infrastructure is its use of on-street parking. This issue has been reviewed extensively earlier in this memo, and additional review can be found in Exhibit A. Subdivision Review Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required. (Please see Exhibit B.) Historic Desh!llation As noted in this memo, staff supports Historic Designation, and the HPC has recommended that City Council approve Historic Designation for 435 W. Main Street. 12 CITY MANAGER'S COMMENT: RECOMMENDED MOTION: "I move to approve Ordinance No. 36, Series of2006, approving a Growth Management Review as an Essential Public Facility, Subdivision review and Historic Designation, with conditions, finding that the review criteria for the application have been met." ATTACHMENTS: Exhibit A: Staff Findings - Growth Management Review as an Essential Public Facility Exhibit B: Staff Findings - Subdivision Review Exhibit C: Planning and Zoning Commission minutes + Resolution Exhibit D: Application Exhibit E: Revised Parking Study / Fellsburg Holt & Ullevig Exhibit F: Summer Parking Analysis / July 5, 2006 Exhibit G: Applicant letter regarding TDM Commitments Exhibit H: Employee generation and mitigation review / Aspen Pitkin County [Housing Authority ] NOTE: Exhibits provided at 1st Reading 13 ORDINANCE NO. 36 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY AND HISTORIC DESIGNATION, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-81-001 WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of Growth Management Review as an Essential Public Facility and Subdivision Review to construct the Jewish Community Center, located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if HPC and City Council determine sufficient evidence exists that the property meets the criteria; and WHEREAS, the Community Development Department Director determined that the Jewish Community Center is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on June 20, 2006, the Planning and Zoning Commission opened and continued the public hearing to July 11, 2006; and, WHEREAS, during a continued public hearing on July 11, 2006, the Planning and Zoning Commission opened and continued the public hearing until July 18,2006; and WHEREAS, during a continued public hearing on July 18, 2006, the Planning and Zoning Commission approved Resolution No. 24, Series of 2006, by a five to one (5- 1) vote, approving with conditions, a Growth Management Review to determine employee generation, and Special Review to establish off-street parking requirements; and recommended approval to City Council of a Growth Management Review as an Essential Public Facility, and Subdivision review; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, I WHEREAS, during a duly noticed public hearing on September 25, 2006, the Aspen City Council reviewed the proposal and approved Ordinance No. 36, Series of 2006, by a vote, approving with conditions, the Jewish Community Center Subdivision, and Growth Management Review for an Essential Public Facility; located at 435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, a Growth Management Review as an Essential Public Facility and Subdivision in order to construct the Jewish Community Center, located at 435 W. Main Street, Lots A-I, Block 38, City and Townsite of Aspen. Section 2: Plat and Al!:reement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval. Section 3: Buildinl!: Permit Application The building permit application shall include the following: a. A copy of the final City Council Ordinance, Planning & Zoning Commission Resolution and Historic Preservation Commission Resolutions. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. 2 e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the site is limited to the dimensional requirements established in the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February 2006 Subdivision application, and further subject to Historic Preservation Commission Final Review. Section 5: Trash/Utilitv Service Area The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, aud Gutter The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the Historic Preservation Commission, and shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Affordable Housiul! The three (3) on-site affordable housing units shall be in compliance with the AspenlPitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy for the units, classifying the units as Category 2 units. a) At least two parking spaces shall be allocated and reserved for the employee-housing units on site. b) The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance for a period of one year or more. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. 3 c) APCHA or the applicant shall structure a deed restriction for the units such that 1/lOth of 1 percent of the property is deed restricted in perpetuity to the AspenlPitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. d)Due to the ability to have the employees live on-site, if such employee is employed by the Community Center, the income and assets can be waived. e) The applicant shall conduct an employee audit two years after issuance of the Certificate of Occupancy for the development under the following terms: 1. The applicant shall retain an auditor and shall gain prior approval from the Housing Office for the selection of the auditor. 2. The applicant shall be fully responsible for all fees associated with retaining an auditor. 3. Should the audit show additional employees over the 9.63 FTE, the applicant shall mitigate at an identical rate established by this Ordinance (44 percent) for those additional employees required under the Guidelines in effect at the time of the audit - either by providing units or by providing a payment-in-lieu fee. t) If more than ten (10) Special Events are held in a calendar year, as defined in the application (p. 6B), the applicant shall be required to conduct an employee audit under the terms of Section 7(t)1-3. Section 8: Relocation of Cabins Applicant may relocate three (3) cabins off-site only upon approval of the Historic Preservation Commission of a satisfactory receiver site and method of relocation. Section 9: Determination of Emplovee Generation The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority. The three Category 2 rental affordable housing units on site provide mitigation for 4.25 FTEs. Section 10: EstabIishin!!: Off-Street Parkin!!: Requirements The Planning and Zoning Commission has established off-street parking requirements as follows: a) Nine (9) off-street parking spaces. b) Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. c) The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create a one-way, continuous-movement drop-off program, and not as traditional parking spaces. The applicant shall be 4 responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. d) Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way designation shall be decided in cooperation with the City and the neighbors on the alley. e) If the Center holds more than ten (10) Special Events in a calendar year, as defined on p. 6B of the February 2006 application, the applicant shall be required to obtain an additional approval for a Special Review to Establish Off-Street Parking Requirements, pursuant to Section 26.515.040(A)I-3. Section 11: TranSDortation and Parkin2 a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in place by building permit submittal. Fee shall be paid prior to issuance of building permit. b) Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. c) Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. d) Applicant shall maintain information on its website regarding the lack of on-site parking, and information regarding car-pooling or use of public transit. e) Applicant shall not schedule Special Events with a projected attendance in excess of 50 people before 6 pm during the winter season or before 7 pm during the summer season. f) Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. g) Applicant shall stagger arrival times for pre-school classes once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class. h) Applicant shall active participate in the City's Transportation Options Program (TOP). i) Applicant shall provide covered and secure bike storage. j) Applicant shall provide free bus passes to employees who do not live on-site. Section 12: Fire Miti2ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 13: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 5 Section 14: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 15: Exterior Liehtine All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 16: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 17: Landscapine a) Tree Protection~ A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b )Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along Hopkins Ave and part of the South West corner located next to the Large Cottonwood Tree. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. c) The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. d)An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or on site. e) Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. 6 The ROW trees along 4th and 3rd streets should be of another species other than cottonwood. f) Realignment of the ditch will require specific coordination between the Parks Department and the contractor. The realignment will have to take place during a time period when the ditch is closed for the off-season. Realignment will also require the use of a Bentomat type material in order to reestablish the integrity of the ditch. g) Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root greater than 2" encountered during the installation will require approval before removal. Play yard fence must be constructed according to State of Colorado standards for daycare centers. i) The installation of the new sidewalk at the corner of 4th and Main Streets needs to be designed at grade bridging over the root systems of the existing cottonwood trees. Section 18: Historic Preservation Commission Approvals Required Final Development Plan approval by the Historic Preservation Commission must be obtained prior to issuance of a Building Permit for the Project. Section 19: Historic Landmark Desil!nation Pursuant to Section 26.415.030.B of the Municipal Code, Criteria for listing on the Aspen Inventory of Historic Landmark Sites and Structures, the property is hereby designated on the Aspen Inventory of Historic Sites and Structures, as the site possesses sufficient integrity of location, setting, design, materials, workmanship and association and the site is related to designation criteria 26.415.030.B.2.a and 26.4l5.030.B.2.c. Section 20: Vested Ril!hts The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific 7 development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 435 W. Main Street, Lots A - I, Block 38, City and Townsite of Aspen, Pitkin County, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 21: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 other specific conditions. Section 22: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 23: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 8 Section 24: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County lerk and Recorder. Section 25: A public hearing on the Ordinance shall be held 0 the 25th day of September, 2006, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 26: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of August, 2006. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney 9 '~b MEMORANDUM FROM: Mayor Helen Klanderud and Aspen City Council Chris Bendon, Community Development Director ~ TO: RE: Extension of Moratorium - Public Hearing 2nd Reading of Ordinance No. 38, Series of 2006 DATE: September 25, 2006 SUMMARY: On April 25, 2006, City Council adopted Ordinance No. 19, Series of 2006, implementing a 6-month moratorium on new land use applications in the City's multi-family, commercial, mixed-use, and lodging zone districts. Ordinance 19 provided a termination date for the Moratorium of October 31, 2006, and a process to extend the deadline. Staff is recommending a 4-month extension of the moratorium in order to complete the analysis and code changes. The City Council and staff of the Community Development Department have made progress towards identifying policy direction and the portions of the Land Use Code needing amendment to implement such policy. Council has given staff direction on a majority of the residential development issues and is scheduled to provide direction on commercial issues. Council has also discussed possible amendments to the growth management system. The scope and complexity of the issues has increased over that originally expected. The discussions so far on residential and commercial development have revealed numerous policies needing analysis, debate, and direction. Staff expects the same level of complexity with lodging and growth management topics. As several Council members have expressed, what was originally thought to merely require "tweaking" is now thought to require major substantive amendment. (Staff would like to point-out that this is a common phenomenon for moratoriums. This is not a unique-to-Aspen situation.) The policy direction necessitates elaborate amendments to the code. The Commercial Design Standards, for example, have been identified as needing substantial amendment and staff has recommended this task be done, in large part, by a consultant who specializes in urban design issues and the development of design guidelines. The time needed to complete these revisions will exceed the current termination date of October 31 st and staff strongly recommends that these changes to the code be accomplished prior to the expiration of the moratorium. In the alternative, staff foresees additional applications being submitted and the City not having the proper tools in place to review the applications. Finally, there is a finite capacity for work sessions and the ability of staff and consultants to provide analysis for each work session. There's also an inability to suspend other 1 responsibilities of City Council during this process. Community Development staff has developed a revised schedule that accounts for Council's 2007 budget schedule, holidays, the remaining land use sessions, and an adoption timeframe. This schedule necessitates an extension of the moratorium. BUILDING PERMIT REVIEW AND ISSUANCE: The moratorium allows "pipeline" projects to continue through the planning process and apply for a building permit but the permit shall not issue. The Community Development Department may review the building permit for these pipeline projects. Staff has been asked to report on the number of pipeline projects that have received planning approvals but which are prevented from receiving a building permit. Staff will provide this information at the hearing. Staff believes the moratorium should be extended by four months to expire on February 28th and is recommending adoption of Ordinance No. 38, Series of 2006. CITY MAN~R COMMENTS: rv /J'J //_~-t? _---=~.......J2 ~ ;, ~ ,- 'Y' _ L.<.- t2~. RECOMMENDED MOTION: "I move to approve Ordinance No. 38, Series of2006." ATTACHMENTS: Exhibit A - Ordinance 19, Series of2006. (moratorium ordinance) Exhibit B - Ordinance 23, Series of2006. (amendment to moratorium ordinance) 2 ORDINANCE NO. 38 (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMEDED PURSUANT TO ORDINANCE NO. 23, SERIES OF 2006. WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote of City Council members present or upon a vote of four (4) Council members; and WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, 9929-20-101, et seq. C.R.S; and WHEREAS, the City Council of the City of Aspen enacted a temporary moratorium pursuant to Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006; and, WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allows for the termination date of the moratorium to be extended by City Council through the adoption of an ordinance; and, WHEREAS, the City Council reaffirms the reasons for implementing the moratorium, specifically that recent land use applications seeking Development Orders in various City Zone Districts do not appear to be consistent with the goals and vision as expressed by the 2000 Aspen Area Community Plan and are having the following negative effects upon the community: . The pace of construction in the community is far too great for the community to properly absorb and for the City to properly service; and . The pace of construction is having deleterious impacts upon the City's resort economy; and . The community is not achieving the affordable housing goals as set forth in the Aspen Area Community Plan; and . The recently enacted amendments to the Land Use Code commonly referred to as the "infill code amendments" are not having the desired effects upon development activity in the community; and . Recent development activity indicates that locally serving businesses are being negatively impacted thereby losing an essential character to the City's retail economy; and Ordinance No. 38, Series of 2006. Page 1 . Construction traffic and activity within the City has had, and will continue to have, a deleterious impact upon the health, safety and wellbeing of the City's residents and guests; and, WHEREAS, the City Council and the Community Development Department require an additional period of time in which to review all existing land use codes and regulations as they affect land use development in certain Zone Districts within the City of Aspen to ensure that all land use development proceeds in a manner that is consistent with the Aspen Area Community Plan; and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to conduct a thorough analysis and assessment of the Land Use Code and regulations affecting the development of land within certain Zone Districts of the City of Aspen with particular attention to those recent Land Use Code amendments commonly referred to as "infill code amendments;" and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to investigate methods and procedures to better pace the construction activity in the City including, but not limited to, the implementation of a system by the City's Building Department to control the issuance of building permits; and WHEREAS, an extension of the moratorium termination date will enable a reasoned discussion of the desired character and rate of development and redevelopment and consideration of amendments to the Land Use Code without creating a rush of development applications and the related impacts upon the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1- Extension of Moratorium Termination Date: The termination date of the temporary moratorium enacted through the adoption of Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, is hereby extended to terminate on February 28, 2007. Section 2 - No Chanl!:es to Moratorium: Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, shall continue in its full force and effect and nothing in this Ordinance shall be construed to alter the substantive content of Ordinances 19 and 23, except to the extension of the termination date as described in Section I, above. Ordinance No. 38, Series of 2006. Page 2 Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on this ordinance was held on the 25th day of September 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 th day of September, 2006. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FIN ALL Y, adopted, passed and approved this _ day of ,2006 Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney Ordinance No. 38, Series of 2006. Page 3 ORDINANCE NO. 19 (Series of 2006) ~11M\ .t:AWI ~k'~ A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING A DEVELOPMENT ORDER AND ON THE ISSUANCE OF CERTAIN BUILDING PERMITS FOR PROPERTY LOCATED IN THE RESIDENTIAL MULTI-FAMILY (R/MF), RESIDENTIAU MULTI-FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-l), SERVICE! COMMERCIAUINDUSTRIAL (S!C/I), NEIGHBORHOOD COMMERCIAL (NC), MIXED USE (MU), LODGE (L), COMMERCIAL LODGE (CL), LODGE OVERLAY (LO), LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICTS OF THE CITY OF ASPEN, (EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES); AND, DECLARING AN EMERGENCY. WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote of City Council members present or upon a vote of four (4) Council members; and WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, 9929-20-101, et seq. C.R.S; and WHEREAS, the current rate and character of development activity in the City of Aspen is having a negative impact upon the health, peace, safety, and general well being of the residents and visitors of Aspen; and WHEREAS, recent land use applications seeking Development Orders in various City Zone Districts do not appear to be consistent with the goals and vision as expressed by the 2000 Aspen Area Community Plan and are having the following negative effects upon the community: . The pace of construction in the community is far too great for the community to properly absorb and for the City to properly service; and . The pace of construction is having deleterious impacts upon the City's resort economy; and . The community is not achieving the affordable housing goals as set forth in the Aspen Area Community Plan; and . The recently enacted amendments to the Land Use Code commonly referred to as the "infill code amendments" are not having the desired effects upon development activity in the community; and . Recent development activity indicates that locally serving businesses are being negatively impacted thereby losing an essential character to the City's retail economy; and . Construction traffic and activity within the City has had, and will continue to have, a deleterious impact upon the health, safety and wellbeing of the City's residents and guests; and, WHEREAS, the City Council and the Community Development Department require a period of time in which to review all existing land use codes and regulations as they affect land use development in certain Zone Districts within the City of Aspen to ensure that all land use development proceeds in a manner that is consistent with the Aspen Area Community Plan; and WHEREAS, the City Council desires that the staff of the Community Development Department conduct a thorough analysis and assessment of the Land Use Code and regulations affecting the development of land within certain Zone Districts of the City of Aspen with particular attention to those recent Land Use Code amendments commonly referred to as "infill code amendments" ; and WHEREAS, the City Council desires that the Community Development Department investigate methods and procedures to better pace the construction activity in the City including, but not limited to, the implementation of a system by the City's Building Department to control the issuance of building permits; and WHEREAS, a moratorium on all residential redevelopment applications will enable a reasoned discussion of the desired rate of residential redevelopment and consideration of amendments to the Land Use Code without creating a rush of development applications and the related impacts upon the community; and WHEREAS, the Community Development Department may need assistance from third party consultants to complete the task of analyzing the current Land Use Code and regulations as contemplated herein, the City Council hereby directs the City Manager to authorize the expenditure of City funds to engage one or more consultants to assist the Community Development Department; and WHEREAS, the City Council has determined that it is necessary to declare an emergency for the preservation of public property, health, peace, and safety with the imposition of a temporary moratorium on the acceptance, processing, and approval of land use applications for development orders by the City of Aspen Community Development Department and City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 2 Section 1. Moratorium on new land use applications within certain zone districts. There is hereby imposed a temporary moratorium on the acceptance by the Community Development Department of new land use applications for a Development Order affecting property within the Residential Multi-Family (R/MF), ResidentiallMulti-Family (R/MFA), Commercial Core (CC), Commercial (C-l), Service/CommerciallIndustrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), Lodge Preservation Overlay (LP) Zone Districts of the City of Aspen; and, any new land use application seeking a Development Order for "Incentive Lodge Development" pursuant to 926.470.040(C)(3) of the Aspen Municipal Code, irrespective of the Zone District in which the land may be located. Section 2. Moratorium on the Issuance of Building Permits. There is hereby imposed a temporary moratorium on the issuance by the Community Development Department of any Building Permit for development within the Residential Multi-Family (RIMF), ResidentiallMulti-Family (RlMFA), Commercial Core (CC), Commercial (C-l), Service/CommerciallIndustrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), Lodge Preservation Overlay (LP) Zone Districts of the City of Aspen that would have the effect of increasing the Floor Area of any building. "Floor Area" shall have the same meaning in this ordinance as the defInition of that term as set forth at 926.104.100 of the Aspen Municipal Code. Section 3. Exemptions from Moratorium. Land use applications exempt from this temporary moratorium shall be as follows: . Any land use application for a Development Order submitted to the Community Development Department prior to final passage of this ordinance and deemed to be complete by the Director of the Community Development Department Director. . Administrative Growth Management Review applications for Single-Family and Duplex development pursuant to 926.470.040(8)(1) of the Aspen municipal Code. . Any land use application seeking a Development Order for an Essential Public Facility as that term is defined at 926.104.100 of the Aspen Municipal Code. Applications for building permits exempt from this temporary moratorium shall be as follows: . Building permits for projects that will not have the effect of increasing the Floor Area of any building. . Building permits for Single-Family and Duplex development. . Any project that is eligible to receive a Development Order on the effective date of this ordinance. 3 . Building permits for demolition of accessory, non-habitable structures. Section 4. Effect on Development Applications A. A land use development application shall be defined for the purpose of this ordinance as the initial land use application determined to be complete by the Community Development Director, pursuant to 926.304.050(A) of the Aspen Municipal Code ("Determination of Completeness"). All land use applications filed subsequent to the initial application for the same development project that are necessary to obtain a fmal Development Order may proceed pursuant to the review procedures and standards as set forth in Title 26 of the City of Aspen Municipal Code. Land use applications determined complete shall be reviewed and processed according to the provisions of the Land Use Code and building code, as applicable, in effect on the date of submission. B. Pre-Application Conferences, Pre-Application Conference Summary reports, pre-submittal conferences, or formal or informal discussions with Community Development staff or review Boards shall not constitute a complete application or any other official status. Applications submitted after the effective date of this ordinance shall comply with the terms of this ordinance and of the Land Use Code and building code, as amended. Section 5. Appeals Concerning Moratorium. A. Any property owner who wishes to appeal a determination by the Community Development Director that this moratorium applies to his or her property or plans for development on his or her property may appeal to the City Council pursuant to Chapter 26.316 of the Aspen Municipal Code ("Appeals"), following any administrative action by the Community Development Director. B. Any property owner who wishes to seek relief from this moratorium because of financial hardship may appeal to a Hearing Officer appointed by the City Manager who shall have no relationship to the City (other than as a hearing officer) or to the property owner. The Hearing Officer shall determine if administrative relief shall be granted considering the following: 1. A description of the property and structures located thereon. 2. The original purchase price of the property and subsequent investments or improvements in the property made prior to the adoption of Ordinance No. 19, Series of 2006, other than normal operations and maintenance. 3. Any unrecoverable costs made prior to the adoption of this ordinance (Ordinance 19, Series of 2006). 4. A current appraisal of the property considering the effect of this ordinance (Ordinance 19, Series of 2006). 4 5. A description of the depreciation method applied to the property for income tax purposes, based on generally recognized accounting principles applicable at the time the property was originally acquired by the property owner. 6. The assessed value of the property for tax purposes. 7. Copies of the property owner's income tax and financial statements for the past five (5) years. 8. Any additional information the property owner may want to submit that may demonstrate financial hardship. Within thirty (30) days of complete application submission, or as otherwise reasonable, a hearing date and time shall be scheduled for the hearing officer to consider written and verbal testimony from the property owner and a representative of the City. The hearing officer shall, within thirty (30) days of the hearing, issue a written determination as to whether the financial hardship represented by this moratorium upon the property owner is beyond reasonable expectation and representing substantial unrecoverable financial loss and a special circumstance unique to the property owner which is not applicable to other property owners affected by this moratorium such that the property owner's rights are being substantially deprived. The hearing officer shall determine any relief to be provided to the property owner, including release of the property from the terms of this ordinance. The determination shall detail the factors considered including, but not limited to: 1. The base value of the property - the original purchase price plus investments and improvements (other than normal operations and mainten'ance). 2. IRS rules related to depreciation. 3. Residual value of the property based on a current appraisal assuming the effect of this ordinance (Ordinance 19, Series of2006). 4. Other factors that may be considered "unrecoverable costs" by the property owner. 5. A financial analysis of the above using a recoupment of investment model. The action by the hearing officer shall be considered the final administrative action on the matter. Section 6. Emergencv Declaration It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its residents, and guests; and, this temporary moratorium provides the time necessary to prepare a review of all current land use regulations and for the City Council and staff of the City of Aspen to consider amendments, if any are required, to the Land Use Code of the Aspen Municipal Code. Section 7. Effective Date and Duration of Moratorium. 5 This ordinance shall become effective inunediately upon passage and shall terminate on October 31, 2006 unless extended by a duly adopted ordinance of the City Council. Section 8. Publication. The City Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10) days following final passage. Section 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. INTRODUCED AND READ as provided by law as an emergency ordinance by the City Council of the City of Aspen on the 24th day of April 2006. Hel 4-~ FINALLY adopted, passed and approved this 25th day of April 2006, by o the unanimous vote of all City Council members present. or g,a vote of four (4) council members. j4~ 6 ORDINANCE NO. 23 (SERIES OF 2006) ~'~i~ ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLO~ APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 19 (SERIES 2006) r(Q'1M\ ~\CN\ WHEREAS, the City Council passed Ordinance No. 19 (Series 2006) establishing a six month temporary moratorium on the acceptance of any new land use application seeking a development order and on the issuance of certain building permits for property located in the Residential Multi-Family (R/MF), Residential Multi-Family (R/MFA), Commercial Core (CC), Commercial (C-l), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (La), and Lodge Preservation Overlay (LP) zone district; and, WHEREAS, as ail effect of the moratorium, Staffhas identified certain land use applications and building permits applications that would not be permitted to be submitted; and, WHEREAS, it is not the intent of the City Council to unnecessarily postpone certain projects and special events. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Exemptions from Moratorium Land use applications exempt from the temporary moratorium, in addition to those stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows: . Temporary Use applications pursuant to 926.450 of the Aspen Municipal Code. . Certificate of No Negative Effect pursuant to 9 26.415.070 (B) of the Aspen Municipal Code. . Certificate of Appropriateness for a Minor Development pursuant to 9 26.415.070 (C) of the Aspen Municipal Code which does not increase the floor area of a structure. . A land use application for designation of a building, district, site, structure, or object on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to 9 26.415.030 (C) of the Aspen Municipal Code. . Variance applications for Single-Family and Duplex development pursuant to 9 26.314, 926.410.020 (D), and 9 26.415.110 (B) of the Aspen Municipal Code. Ordinance No. 23, Series 2006, Page 1 of 3 . A land use application that is limited to improving the accessibility of a building for ADA compliance, but which may have the effect of increasing the allowable floor area of a building by the minimum size required by the International Building Code for an elevator or lift. . Insubstantial PUD Amendments, which do not increase floor area or density. Applications for building permits exempt from this temporary moratorium, in addition to those stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows: . Building permits for temporary uses. . Building permits for special events that have been approved by the Special Events Committee or City Council. . Building permits that are limited to improving the accessibility of a building for ADA compliance, which may have the effect of increasing the floor area of a building by the minimum size required by the International Building Code for an elevator or lift. Section 2: Tbis Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on this ordinance shall be held on the 26th day of June 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. [Signatures on following page] INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day ofJune, 2006. Attest: Ordinance No. 23, Series 2006, Page 2 of3 Kathryn och, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this"2b day o~ 2006 Attest: Approved as to form: .~I/c,7/L~ LeifYAttomey Ordinance No. 23, Series 2006, Page3 of3