HomeMy WebLinkAboutagenda.council.regular.20061113
CITY COUNCIL AGENDA
November 13, 2006
5:00 P.M.
I. Call to Order
II. Roll Call
III. Moment of Silence
IV. Scheduled Public Appearances
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 #89, 2006 - Nore Winter Planning Consulting Contract
b) Resolution #90,2006 - Sales/Lodging Tax Software Contract
d) Resolution #91, 2006 - Accepting Bear Sculpture
c) Appointment to Animal Shelter Board
d) Minutes - October 10, 23, 2006
VIII. First Reading of Ordinances
a) Ordinance #45, 2006 - 312 W. Hyman - Historic Designation P.H. 11/27
b) Ordinance #44, 2006 - 134 E. Hyman Historic Designation P.H. 11/27
IX. Public Hearings
a) Ordinance #41, 2006 - 625 E. Main Street (Stage III) Continue to 11/27
b) Ordinance #40, 2006 - 434 E. Cooper Historic Designation Continue to 1/8/2007
The public hearing on the 2007 budget will be November 27, 2006
X. Action Items
XI. Executive Session
XII. Adjournment
Next Regular Meeting November 27. 2006
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
VI 1__
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director ~
FROM: Jennifer Phelan, Long Range Planner$
RE: Commercial/Lodging Design Standards - Contract for Professional Services
MEETING
DATE: November 13,2006
SUMMARY:
Attached is a contract for professional service related to the moratorium and amendments to the
Land Use Code. Nore Winter, of Winter and Company, will be working with Community
Development staff and Mark White to develop commercial and lodging design standards related
to the ongoing moratorium. A detailed scope of services is included as an attachment. The
contract is for $102,706.00. The study will:
· review compatibility issues in all commercial and lodging areas; and,
· evaluate, through computer modeling, development options; and,
· conduct a number of focus group meetings and public outreach meetings to discuss
design issues; and,
· develop prescriptive requirements and guidelines for new commercial and lodging
development.
Community Development staff will be submitting a supplemental request as part of the last 2006
supplement appropriation to cover the costs of additional needed services for the moratorium.
Winter and Company is a nationally known firm that has worked for the City in the past by
developing the Historic Preservation Design Guidelines. The company has worked in
Durango, Sun Valley, Monterey and other resort communities. More information on the
projects that they have worked on can be found at www.winterandcompany.net
Staff is requesting approval of the service contract with Winter and Company.
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AtCOMMENDED MOTION (ALL MOTI~NS J/iE PROPOSED IN THE APFIRMATI~': ~r . ~,.J"-'
"I move to approve Resolution No. ~, Series of 2006, approving a contractual a em n ~ WIAtt"
professional services between the City of Aspen, Colorado, and Winter and Company for
professional consulting services related to amendments to the Land Use Code,"
ATTACHMENTS:
EXHIBIT A - Agreement for Professional Services
-.-___._.~,._.__~.._,~.."._ . ____v_
RESOLUTION ill
(Series of 2006)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND WINTER AND COMPANY REGARDING FUNDING FOR THE
COMPLETION OF COMMERCIAL AND LODGING DESIGN STANDARDS
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and Winter and Company, a
copy of which agreement is attached 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 the "Agreement for
Professional Services" between the City of Aspen, Colorado, and Winter and Company, 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 November 1'3, 2006.
Kathryn S. Koch, City Clerk
-'---~'-'"'---
t?;xtil ~\ I" W
-
LAND USE CODE PLANNING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN,
Colorado, ("City") and Winter and Company ("Winter & Co.").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
I. Scope of Work. Winter & Co. shall perform in a competent and professional manner the
Scope of Work as developed by the City of Aspen Community Development Department in
coordination with Winter and Co, as amended from time to time, and by this reference
incorporated herein as Exhibit A.
2. Completion. Winter & Co. shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the
Work in a timely manner. The parties anticipate that all work pursuant to this agreement
shall be completed no later than April 2006. Upon request of the City, Winter & Co. shall
submit, for the City's approval, a schedule for the performance of Winter & Co.'s services
which shall be adjusted as required as the project proceeds, and which shall include
allowances for periods of time required by the City's Contract Administrator for review and
approval of submissions and for approvals of authorities having jurisdiction over the project.
This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by Winter & Co.
3. Payment. In consideration of the work performed, City shall pay Winter & Co. on a time
and materials basis for all work performed. The rates for work performed by Winter & Co.
shall not exceed $175 per hour. All materials and incidentals shall be billed at 100% of cost
with no additional administration fee. Except as otherwise mutually agreed to by the parties,
the total payments made to Winter & Co. shall not initially exceed $1'02,706.00. Winter &
Co. shall submit, in timely fashion, invoices for work performed. The City shall review such
invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Winter & Co. within ten days from receipt of Winter & Co.'s bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal services and
cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Authorized sub-contracting shall not relieve Winter & Co. of any of the
responsibilities or obligations under this agreement. Winter & Co. shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors
officers, agents and employees, each of whom shall, for this purpose be deemed to be an
agent or employee of Winter & Co. to the extent of the subcontract. The City shall not be
obligated to payor be liable for payment of any sums due which may be due to any sub-
contractor. It is understood Winter & Co. may subcontract professional services and such
subcontracting may be authorized by the City's Contract Administrator, named herein.
Contract for Services: Commercial Design -Winter and Company Page 1
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8.
5.
Termination. Winter & Co. or the City may terminate this Agreement, without specifying
the reason therefore, by giving notice, in writing, addressed to the other party, specifying the
effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, reports or other material prepared by Winter
& Co. pursuant to this Agreement shall become the property of the City. Notwithstanding
the above, Winter & Co. shall not be relieved of any liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by Winter & Co, and the
City may withhold any payments to Winter & Co. for the purposes of set-off until such time
as the exact amount of damages due the City from Winter & Co. may be determined.
6.
Covenant Against Contingent Fees. Winter & Co. warrants that sihe has not employed or
retained any company or person, other than a bona fide employee working for Winter & Co,
to solicit or secure this contract, that sihe has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee,
gifts or any other consideration contingent upon or resulting from the award or making of
this contract.
7.
Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contai'led in this agreement shall result in, or be construed as establishing an
employment relationship. Winter & Co. shall be, and shall perform as, an independent
Contractor who agrees to use his or her best efforts to provide the said services on behalf of
the City. No agent, employee, or servant of Winter & Co. shall be, or shall be deemed to be,
the employee, agent or servant of the City. City is interested only in the results obtained
under this contract. The manner and means of conducting the work are under the sole
control of Winter & Co. None of the benefits provided by City to its employees including,
but not limited to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Winter & Co. Winter & Co. shall
be solely and entirely responsible for its acts and for the acts of Winter & Co.'s agents,
employees, servants and subcontractors during the performance of this contract. Winter &
Co. shall indemnify City against all liability and loss in connection with, and shall assume
full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect
to Winter & Co. and/or Winter & Co. 's employees engaged in the performance of the
services agreed to herein.
Indemnification. Winter & Co. agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising
from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any
other loss of any kind whatsoever, which arise out of or are in any manner connected with
this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to
be caused in whole or in part by, the act, omission, error, professional error, mistake,
negligence, or other fault of Winter & Co, any subcontractor of Winter & Co, or any officer,
Contract for Services: Commercial Design -Winter and Company Page 2
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employee, representative, or agent of Winter & Co. or of any subcontractor of Winter & Co,
or which arises out of any workmen's compensation claim of any employee of Winter & Co.
or of any employee of any subcontractor of Winter & Co. Winter & Co. agrees to
investigate, handle, respond to, and to provide defense for and defend against, any such
liability, claims or demands at the sole expense of Winter & Co, or at the option of the City,
agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
in whole or in part by the act, omission, or other fault of the City, its officers, or its
employees, the City shall reimburse Wmter & Co. for the portion of the judgment
attributable to such act, omission, or other fault of the City, its officers, or employees.
9. Winter & Co.'s Insurance. (a) Winter & Co. agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by Winter & Co. pursuant to Section 8 above. Such
insurance shall be in addition to any other insurance requirements imposed by this contract
or by law. Winter & Co. shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to Section 8 above by reason of its failure to procure or
maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, or types.
(b) Winter & Co. shall procure and maintain, and shall cause any subcontractor of Winter &
Co. to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by Winter & Co. pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than three-hundred-thousand
($300,000.00) each occurrence and three-hundred-thousand ($300,000.00) aggregate
with respect to each Winter & Co.'s owned, hired and non-owned vehicles assigned
to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision.
( c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Winter & Co. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising
from completed operations. Winter & Co. shall be solely responsible for any deductible
losses under any policy required above.
Contract for Services: Commercial Design -Winter and Company Page 3
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(d) The certificate of insurance provided by the City shall be completed by Winter & Co.'s
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
,prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City:
(e) Failure on the part of Winter & Co. to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Winter & Co. to City upon demand, or City may offset the cost of the premiums against
monies due to Winter & Co. from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Winter & Co. for inspection during normal
business hours. City makes no representations whatsoever with respect to specific coverages
offered by CIRSA. City shall provide Winter & Co. reasonable notice of any changes in its
membership or participation in CIRSA.
II. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter
. thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the respective
Contract Administrator listed below or mailed by certified mail return receipt requested, to:
City of Aspen:
Chris Bendon
Community Development Director
Winter and Company:
Nore Winter
Principal
Contract for Services: Commercial Design -Winter and Company Page 4
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City of Aspen
130 South Galena Street
Aspen, Colorado 81611
1265 Yellow Pine Avenue
Boulder, CO 80304
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Winter & Co. agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver
of any term, covenant, or condition to be performed by Winter & Co. to which the same
may apply and, until complete performance by Winter & Co. of said term, covenant or
condition, the City shall be entitled to invoke any remedy available to it under this
Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement bv City. This agreement shall be binding upon all parties hereto
and their respective heirs, executors, admipistrators, successors, and assigns.
16. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended,
waived, superseded or extended except by appropriate written instrument fully
executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of
any other provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made
except upon a writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deerned an original on
the date hereinafter written.
Contract for Services: Co=ercial Design -Winter and Company Page 5
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ATTESTED BY:
CITY OF ASPEN, COLORADO:
Mayor Helen K. KJanderud
Date:
WITNESSED BY:
Winter and Company:
c-r~V\:~ k
10/0\ IDb
~/~
"Nore Winter, Principal
,
Date: f1;!:- 3,1; Z C)~
Contract for Services: Commercial Design -Winter and Company Page 6
C:IDocuments and Settings~ennifeplMy DocumentslProjectslMoratorium 2006IContractsIWinterandco_contract.doc
Aspen Commercial Design Standards & Guidelines and
Historic Preservation Design Guidelines Update
Draft Scope of Work: October 16, 2006
Part A: Commercial Desian Review Standards
Issues:
Compatibility of new construction in all commercial & lodging areas with respect
to:
. Height
. Mass & scale
. Character and materials
. Neighborhood context
Zone Districts to be addressed include: Commercial Core (CC), Commercial (C-
1), service/Commercial/Industrial (S/C/I), Mixed Use (MU), Neighborhood
Commercial (NC),Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), and
Lodge Preservation Overlay (LP).
Objectives:
. To develop new prescriptive design standards for commercial and lodge
zone districts that would be incorporated into the city's development code.
. To develop design guidelines for commercial and lodge zone districts to
be used by the Planning Commission,Historic Preservation Commission,
or staff for project review,
General approach:
. To define key characteristics of specific "context areas" that may influence
policies about infill
. To identify key issues about infill to be addressed
. To model existing context/character areas
. To model what existing standards permit in the zone districts
. To model alternative approaches for mass and scale standards
. To craft a strategy that determines the appropriate mix of prescriptive
standards and discretionary design guidelines
. To assist in establishing/refining the review procedures (in coordination
with the City's code consultant)
Winter & Company
Project Start: October 25, 2006
STEP 1: ESTABLISH PROJECT APPROACH
1.1 Review background information and Work Session #1 (late October)
a. Existing ordinances, planning documents, etc.
b. Determine the number of character areas and their locations
c. Conduct study session with city staff
1.2 Develop Strategy Paper and Conduct On-site Work Session #2
a. Develop Study Models
· 'Model 6/7 existing contexts.
· Prepare modeling of what is permitted under existing regulations.
b. Develop Strategy paper
· Define the issues.
· Establish a building design policy.
· Outline the potential standards to be used (Le. Building height, Wall plate
height, Floor Area Ratio, etc.)
· Outline other regulationslincentives that may be employed.
· Develop models of alternative design standards for discussion.
· Develop height standards.
· Illustrate, through photographs, "successful" infill from similar communities.
c. Conduct Work Session #2 (late November)
· Public workshop #1 define issues and characteristics of the sub-areas which
are important to respect.
· Conduct Focus groups
- Design/construction community
- Business & property owners
- Residents and neighborhood representatives
- Historic Preservation Commission
· Conduct work session with staff and City Council
- Review Strategy paper
Winter & Company
STEP 2: DEVELOP DRAFT #1 - DESIGN STANDARDS & GUIDELINES
2.1 Based on initial work sessions we will develop draft #1 of the design
standards and guidelines.
(Deliver by early January)
2.2 Review draft #1 of the design standards and design guidelines
. With staff & City Council
. Conduct Focus groups
- Design/construction community
- Historic Preservation Commission
- Public workshop (to be determined)
(Conduct workshop mid/late January, 2007)
STEP 3: DEVELOP FINAL DRAFT - DESIGN STANDARDS AND GUIDELINES
3.1 Deliver Final by mid February, 2007
3.2 Present to City Council
Part B: Update Historic Preservation DesiQn Guidelines
Issues:
Effectiveness of existing historic design guidelines for the Main Street Historic
District and Commercial Core Historic District in the management of development
and alterations within the designated historic districts.
Objectives:
. To evaluate the existing historic design guidelines for the two districts and
how well they work in the management of development in historic areas,
based upon recent development and city experience in their application
. To analyze building height and corner lot conditions in the historic district.
. To update the Historic Preservation Design Guidelines to address the
current issues
General Approach:
. To define with staff, the Historic Preservation Commission, and if
appropriate City Council, those issues where the existing design
guidelines might not have resulted in best development practice.
. To study and evaluate existing historic design guidelines in relation to
recent development experience and in relation to issues identified in the
review for commercial design guidelines.
. To model existing context in the historic district and identify design
standards and guidelines for building height and corner lot conditions
. To update historic design guidelines as appropriate.
Project Start: October 25, 2006
Winter & Company
STEP 1: ESTABLISH PROJECT ISSUES
1.1 Meet with staff and the Historic Preservation Commission to determine
current issues identified with recent development and the current historic design
guidelines.
. Conduct on-site evaluation of such development/guidance issues.
(Week of October 23, 2006)
STEP 2: EVALUATE DESIGN ISSUES WITHIN THE HISTORIC DISTRICT
2.1 Evaluate design issues within the historic district
a. Develop Study Models
. Model existing historic district context.
. Prepare model of what is permitted under existing regulations.
b. Develop Strategy paper for Historic District
. Define the issues.
. Establish a building design policy.
. Outline the potential standards to be used (Le. Building height, Wall plate
height, etc.)
. Develop models of alternative design standards for discussion.
. Develop height standards.
STEP 3: DEVELOP DRAFT #1. HISTORIC PRESERVATION DESIGN
GUIDELINES UPDATE
3.1 Based on initial work session and strategy we will develop draft #1 of the
design guidelines update.
(Deliver January)
3.2 Review draft #1 of the design guidelines update
. With staff & HPC
(February 2007)
STEP 4: DEVELOP FINAL DRAFT - HISTORIC PRESERVATION DESIGN
GUIDELINES UPDATE
. Deliver Final document March 2007
Winter & Company
MEMORANDUM
VI\b
TO:
Mayor and Council
Lisa Dawson, Controller/Assistant Fina ce irector rJr/Jcw----
Paul Menter, Director of Finance an ~trative Services
FROM:
THRU:
DATE OF MEMO: November 7,2006
MEETING DATE: November 13, 2006
RE: Incode software for Sales Tax, Lodging Tax and Business Licenses
SUMMARY: The City of Aspen Finance Department is requesting approval to purchase
Incode tax and licensing software, a module for processing City of Aspen Sales Tax, Lodging
Tax and Business Licenses. Incode will integrate with Eden, our current financial software
system. The cost of this module, including training, implementation and customization is
$42,445. Annual maintenance is $6,638. See attachment A "System Agreement Between
Tyler Technologies, Inc. and City of Aspen;'
For 2006, the City of Aspen Finance Department has $75,000 in AMP appropriations for
financial software upgrades. $30,000 was spent on upgrading the Eden site license.
$45,000 remains as unspent for this project.
The Finance Department is requesting purchase of Incode as sole source acquisition based on
section 4.12.050, item 3 of the City of Aspen's Municipal Code: miscellaneous exemptions: a
particular supply or service is required in order to standardize or maintain standardization for
the purpose of reducing financial investment or simplifying administration. Our request for sole
source designation is outlined in attachment B, memo to John Worcester, City Attorney, dated
11/6/06. John Worcester approves the request for sole source designation for Incode.
The Technology Review Board, a joint City of Aspen, Pitkin Country information advisory
board, reviewed the Finance Department's proposal to acquire Incode and recommends
purchase of the tax and licensing module.
PREVIOUS COUNCIL ACTION: None
BACKGROUND: The City's current tax and licensing software was created by Eden Systems
in 1997, is no longer maintained by them and they do not have any similar software available.
The existing Eden software requires a server which is cost prohibitive to retain and is also no
1
longer maintained by the Information Systems Department. Incode and Eden are owned by the
same parent company, Tyler Technologies. Eden recommends Incode as the best solution for
the City of Aspen. Part of the bid from Incode includes developing a standard interface to
ensure the timely and accurate transfer of information between Incode and Eden.
DISCUSSION: Sales and lodging tax software is rare and is only provided by a few
companies. The number of potential users of this type of software is limited; many of the
larger potential users have created their own software, thereby further limiting the number of
potential users of such commercially available software.
Of the current providers of such software, Incode is the only provider with Colorado municipal
clients, with proper set up for Colorado municipal peculiarities, and from whom software is
readily available in a form that meets the City of Aspen's needs with a minimum of
modifications.
FINANCIAL IMPLICATIONS: The cost of the tax and licensing software module of Incode
is $42,445. This price includes crating a standard interface with Eden, custom reports,
training and implementation. The annual maintenance fee is $6,638.
ENVIRONMENTAL IMPLICATIONS: Incode plans to offer on-line payment processing
within the next year. Should the City of Aspen implement this upgrade, it would allow
customers to apply for business licenses and submit sales and lodging tax online thus reducing
the energy requirements of manual processing (saving paper and gasoline to deliver payments
to City Hall).
RECOMMENDATION: Finance Department staff recommends the purchase of Incode for
the processing of sales tax, lodging tax and business licenses.
ALTERNATIVES: Sales and lodging tax is rare and is only provided by a few companies.
The number of potential users of this type of software is limited; many of the larger potential
users have created their own software, thereby further limiting the number of potential users of
such commercially available software. The alternative for the City of Aspen would be to
customize Eden to process sales and lodging Tax. After careful analysis and lengthy
discussions with Eden programmers this is not recommended for a number of processing
reasons, one of whish is the inability of Eden to import historic data which would inhibit
reporting requirements required by City Council, Finance staff and the State of Colorado.
PROPOSED MOTION: "I move to approve Resolution #~O, outlining the purchase of
Incode tax and licensing software for $42,445."
CITY MANAGER COMMENTS:
2
RESOLUTION NO. C)Q
Series of 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR REPLACEMENT OF TAX AND LICENSING
SOFTWARE FOR THE CITY OF ASPEN FINANCE DEPARTMENT, BETWEEN
THE CITY OF ASPEN AND TYLER TECHNOLOGIES, INCODE DIVISION, AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for the
replacement of tax and licensing software for the City of Aspen Finance Department,
between the City of Aspen and Tyler Technologies, 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 Contract for tax
and licensing software for the City of Aspen Finance Department, between the City of
Aspen and Tyler Technologies, 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 of the 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
System Agreement
Between
Tyler Technologies, Inc.
5808 4th Street
Lubbock, Texas 79416
(800) 646-2633
(806) 797-4849 Fax
AND
City of Aspen
130 S Galena Street
Aspen, CO 81611
Phone: (970) 948-5491
Fax: (970) 920-5197
A
,il HtiCMrtit'n1" ~
tyler
<~ h~;,' L '
tyler
; Ci"FiOL(.>GiES
AGREEMENT
This agreement is entered into by and between Tyler Technologies, Inc.,
hereinafter referred to as COMPANY, located at 5808 4th Street, Lubbock, Texas 79416; and;
hereinafter referred to as CLIENT on, ,2006.
City of Aspen
COMPANY and CLIENT agree as follows
1. COMPANY shaH furnish the products and services as described in this Agreement, and CLIENT shall pay the prices
set forth in this Agreement.
2. This Agreement consists of this Cover and the following Attachments and Exhibits"
Section A Investment Summary (A.E)
Section B COMPANY Agreement Terms and Conditions
Section C Exhibit 1 - Delivery Attestment
Section D Data Conversion Process Document
3. The License Fees set forth in the Investment Summary are based on defined category levels. Place-
ment within a category is based on the size of the organization serviced and measured by such factors
as operating budget, number of employees, number of utility accounts, number of sworn officers,
population of the entity, etc.
IN WITNESS WHEREOF, persons having been duly authorized and empowered to enter into this
Agreement hereunto executed this Agreement effective as of the date last set forth below.
Client:
City of Aspen
Tyler Technologies, Inc.:
By:
Signature
By:
Signature
S. Brett Cate
Printed Name
President
Title
11/7/06
Issue Date
Printed Name
Title
Date
Sales Tax Certificate Number
B
tyler
Customer Name:
Contact:
Date:
SalesmlIn:
ClyofAspen
UliaDawson
Nov.mber7.20~
John Rowe
Investment Summary
ConlractlDII:
Preparedlar: City of Aspen
Contact Penon: Lisa Dawsol1 Issue Dete: ttnlO6
Address: 130 S Galena Street
Aspen, CO 81611 Salesman: J.Rowe
Phone: (970)948-5491
Fu: (970)920-5197
Email: li~d!i7Jcia.np.ncnw; Tu E~empt: Yes/No
'm\li,'~~...n' :2n...'!iI~' ~, ~1~~Hkitijj/ '''^''(iFji!ii!i~~;;;;:,'~r:-- -";";;ijirrt~::JY- j!~~~;;;
~
Total Applications Software
License F." 5,043.75 12,105.00 3,026.25 26.550.00 6,638.00
Less PreferredCustomerDisooun/ (1;.375.00)
,-, Professional Services
On-Sill' Services 12,000,00 12,000.00
Project Mansgemenl 2,500,00 2,500.00
Data Conversion , Assist<mae 7,770,00 7.770_00
PkaseNote: T."""'e:qH"...."'iJlbebiJlrd~.u.CM"d
c
tyler
,
Customer Name:
Contact:
Date:
Salesll'8n:
City of Aspen
Usa Dawson
November7,2006
John Rowe
Software Licenses and Professional Services
.
A""licalionSoftware TotalUcen.. Estimated Estimated Annuall
CTY License Fee Discount % 'M' Conversion Hours Services TotalCQS Maintenance
Customer Relationship Management Applications
Business License 1 B,500 75% 2,125 2,000 " 2,400 6,525 2,125
EDENGLlnlerface 1 NIC
Sales Tax , 15,000 15,000 5,770 80 9,600 30,370 3,750
EDENGLln\erfece , NIC
Printing and Repor1ing Solutions
FormsOverm.y 1 1.500 1,500 NIA NIA 1,500 375
.(4 Overfays for Finaneials, 4 Overlays for GOUl't. 5 Overlays for CRM, 1 Logo)
Professional Services
Project Management 1 2,500 2,500
S~tem Software
AcuCorp Run Time (Windows) # users (L) 1 550 550 NlA 550 138
AcuCorp AcuServer Dislribvted Data Server Softv.are (Ll 1 1,000 1,000 NIA 1,000 250
-Limited (Less lhan 25 users)
INCODE Subtotal 25,000 , 18,625 7,770 100 12,000 38,395 6,250
Project Management 2,500 2,500
INCODE System Software Subtotal 1,550 1,550 1,550 388
Total 26,550 , 20,175 7,770 100 14,500 42,445 6,638
o
tyler
Customer Name:
Contact:
Date:
Salesman:
City of Aspen
Lisa Dawson
November 7, 2006
John Rowe
Conversion Breakdown
Application Software
Conversion Programming Fee
Estimated Hours
Estimated Services
Sales Tax
I
5,850
16
1,920
Conversion Total
5,850
16
',9201
E
COMPANY AGREEMENT
TERMS AND CONDITIONS
General Payment Terms
I. CLIENT will pay to COMPANY an
initial deposit upon execution of this
Agreement that equals 25% of the total
amount as specified in this Agreement,
not including Annual Software
Maintenance, Third Party Software
Maintenance, and/or Hardware
Maintenance fees;
2. CLIENT will pay a second
installment to COMPANY upon delivery
ofthe software products that equals 60%
of the Application Software License
Fees and 75% of the System Software
License Fees; Delivery Attestment is
included as Exhibit 1.
3. The remaining 15% balance of the
total amount specified in this Agreement
for all products and License fees shall be
paid after (a) COMPANY's verification
of the software products, (b) CLIENT's
completion of its own validation process,
or (c) CLIENT's live processing. In no
case, shall this period exceed thirty (30)
days from live processing or one
hundred-eighty (180) days from
installation of the software.
4. Services shall be billed as delivered
plus expenses and are due and payable
net 30 days.
Software License Agreement
1) Software Product License.
a) Upon CLIENT's payment for the
software products listed on the cover of
this Agreement, for the license fees set
forth in the Investment Summary,
COMP ANY shall grant to CLIENT and
CLIENT shall accept from COMPANY
a non-exclusive, nontransferable,
nonassignable license to use the software
products and accompanying
documentation for internal business
purposes of CLIENT, subject to the
conditions and limitations In this
Software License Agreement.
b) Ownership of the software products,
accompanying documentation and
related materials, and any modifications
and enhancements to such software
products and any related interfaces shall
remain with COMPANY.
c) The software products are not licensed
to perform functions or processing for
subdivisions or entities that were not
considered by COMPANY at the time
COMPANY issued this Agreement.
d) The right to transfer this license to a
replacement hardware system is included
in this Software License Agreement. The
cost for new media or any required
technical assistance to accommodate the
transfer would be billable charges to
CLIENT. Advance written notice of any
such transfer shall be provided to
COMPANY.
e) CLIENT agrees that the software
products, any modifications and
enhancements and any related interfaces
are proprietary to COMPANY and have
been developed as a trade secret at
COMPANY's expense. CLIENT agrees
to keep the software products
confidential and use its best efforts to
prevent any misuse, unauthorized use or
unauthorized disclosures by any party of
any or all of the software products or
accompanying documentation.
/) I f CLIENT has made modifications to
the software products, COMPANY will
not support or correct errors in the
modified software products, unless
modifications were specifically
authorized in writing by COMPANY.
g) CLIENT may make copies of the
software products for archive purposes
only. CLIENT will repeat any
proprietary notice on the copy of the
software products. The documentation
I
COMPANY AGREEMENT
TERMS AND CONDITIONS
accompanying the software products
may not be copied except for internal
use.
h) The term of the license granted by this
Section shall be perpetual.
i) COMPANY maintains an escrow
agreement with an Escrow Services
Company under which COMPANY
places the source code of each major
release. At CLIENT's request,
COMPANY will add CLIENT as a
beneficiary on its escrow account.
CLIENT will be invoiced the annual
beneficiary fee by COMPANY and is
solely responsible for maintaining its
status as a beneficiary.
2) License Fees.
a) CLIENT agrees to pay COMPANY,
and COMPANY agrees to accept from
CLIENT as payment in full for the
license herein, the total sum of the
COMP ANY license fees set forth in the
Investment Summary.
b) The license fees listed in the
Investment Summary do not include any
tax or other governmental impositions
including, without limitation, sales, use
or excise tax. All applicable sales tax,
use tax or excise tax shall be paid by
CLIENT and shall be paid over to the
proper authorities by CLIENT or
reimbursed by CLIENT to COMPANY
on demand in the event that COMPANY
is responsible or demand is made on
COMPANY for the payment thereof. If
tax-exempt, CLIENT must provide
COMPANY with CLIENT's tax-exempt
number or form.
c) In the event of any disputed invoice,
CLIENT shall provide written notice of
such disputed invoice to Attention:
COMPANY Controller at the address
listed on the cover of this Agreement.
Such written notice shall be provided to
COMPANY within fifteen (15) days. An
additional fifteen (15) days is allowed
for the CLIENT to provide written
clarification and details for the disputed
invoice. COMPANY shall provide a
written response to CLIENT that shall
include either a justification of the
invoice or an explanation of an
adjustment to the invoice and an action
plan that will outline the reasonable
steps needed to be taken by COMPANY
and CLIENT to resolve any issues
presented in CLIENT's notification to
COMPANY. CLIENT may withhold
payment of only the amount actually in
dispute until COMPANY provides the
required written response, and full
payment shall be remitted to
COMPANY upon COMPANY's
completion of all material action steps
required to remedy the disputed matter.
Notwithstanding the foregoing sentence,
if COMPANY is unable to complete all
material action steps required to remedy
the disputed matter because CLIENT has
not completed the action steps required
of them, CLIENT shall remit full
payment of the invoice.
d) Any invo ice not disputed as described
above shall be deemed accepted by the
CLIENT. If payment of any invoice that
is not disputed as described above is not
made within sixty (60) calendar days,
COMPANY reserves the right to
suspend delivery of all services under
the Investment Summary, this Software
License Agreement, the Professional
Services Agreement, the Maintenance
Agreement and, if appl icable, the Third
Party Product Agreement.
3) Verification of the Software
Products,
a) At the CLIENT's request, within thirty
(30) days after the software products
have been installed on CLIENT's
system, COMPANY will test the
2
COMPANY AGREEMENT
TERMS AND CONDITIONS
software products in accordance with
COMPANY's standard verification test
procedure. Demonstration shall
constitute CLIENT's verification that the
software products substantially comply
with COMPANY's documentation for
the most current version of the software
products and functional descriptions of
the software found in COMPANY's
written proposal to CLIENT. Upon such
verification, CLIENT shall pay the
remaining balance in accordance with
the payment terms listed in Section
General Payment Terms or amended in
any attached addendum.
b) At its option, CLIENT may perform
CLIENT's own defined internal
validation process to test the software to
substantially comply with COMPANY's
documentation for the most current
version of the software products and
functional descriptions of the software
found in COMPANY's written proposal
to CLIENT. Such validation test shall
constitute CLIENT's verification. Upon
such validation, CLIENT shall pay the
remaining balance in accordance with
the payment terms listed in Section
General Payment Terms or amended in
any attached addendum.
c) Notwithstanding anything contrary
herein, CLIENT's use of the software
products for its intended purpose, shall
constitute CLIENT's verification of the
software products, without exception
and for all purposes.
d) Verification or validation, by
CLIENT, that the software products
substantially comply with COMPANY's
documentation for the most current
version of the software products and
functional descriptions of the software
found in COMPANY's written proposal
to CLIENT shall be final and conclusive
except for latent defect, fraud, and such
gross mistakes that amount to fraud and
the operation of any provision of this
Agreement which specifically survives
verification. In the event said
verification becomes other than final, or
becomes inconclusive, pursuant to this
paragraph, CLIENT's sole right and
remedy against COMPANY shall be to
require COMPANY to correct the cause
thereo f.
e) COMPANY shall correct any
functions of the software products which
failed the standard verification testing or
failed to comply with COMPANY's
documentation for the most current
version of the software products and
functional descriptions of the software
found in COMPANY's written proposal
to CLIENT. If CLIENT has made
modifications to the software programs,
COMPANY will not make such
corrections, unless such modifications
were specifically authorized in writing
by COMPANY.
4) Schedule of Verification.
COMPANY will install the software
products and cause the same to be
verified within sixty (60) days after
CLIENT makes available to COMPANY
the equipment into which the software
product is to be loaded. COMPANY
shall exercise reasonable efforts to cause
the software products to be verified
according to the schedule set forth in this
paragraph, but COMPANY shall not be
liable for failure to meet said schedule if,
and to the extent, said failure is due to
causes beyond the control and without
the fault of COMPANY.
5) Limited Warranty, COMPANY
warrants that the then current,
unmodified version of the COMPANY
Software Products will substantially
conform to the then current version of its
published Documentation. If the
3
COMPANY AGREEMENT
TERMS AND CONDITIONS
Software Products do not perform as
warranted, COMPANY's obligation will
be to use reasonable efforts, consistent
with industry standards, to cure the
defect. Should COMPANY be unable to
cure. the defect or provide a TYLER
replacement product, CLIENT shall be
entitled to a refund for the license fee
paid for application. THIS
WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES. TO THE
MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, ALL
OTHER WARRANTIES,
CONDITIONS AND
REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED OR VERBAL,
STATUTORY OR OTHERWISE, AND
WHETHER ARISING UNDER THIS
AGREEMENT OR OTHERWISE ARE
HEREBY EXCLUDED, INCLUDING,
WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
6) Limitation of Liability.
(a) In the event that the software
products are determined to infringe upon
any existing United States patent
copyright or trademark rights held by
any other person or entity, COMPANY
shall defend and hold harmless CLIENT
and its officers, agents and employees
from any claim or proceedings brought
against CLIENT and from any cost
damages and expenses finally awarded
against CLIENT which arise as a result
of any claim that is based on an assertion
that CLIENT's use of the software
products under this Software License
Agreement constitutes an infringement
of any United States patent, copyright or
trademark provided that CLIENT
notifies COMPANY promptly of any
such claim or proceeding and gives
COMPANY full and complete authority,
information and assistance to defend
such claim or proceeding and further
provided that COMPANY shall have
sole control of the defense of any claim
or proceeding and all negotiations for its
compromise or settlement provided that
COMPANY shall consult with CLIENT
regarding such defense. In the event that
the software products are finally held to
be infringing and its use by CLIENT is
enjoined, COMPANY shall, at its
election; (I) procure for CLIENT the
right to continue use of the software
products; (2) modify or replace the
software products so that it becomes
non-infringing; or (3) if procurement of
the right to use or modification or
replacement can not be completed by
COMPANY, terminate the license for
the infringing software product, and
upon termination, refund the license fees
paid for the infringing software product
as depreciated on a straight-line basis
over a period of seven (7) years with
such depreciation to commence on the
execution of this Agreement.
COMPANY shall have no liability
hereunder if CLIENT modified the
software products in any manner without
the prior written consent of CO MP ANY
and such modification is determined by a
court of competent jurisdiction to be a
contributing cause of the infringement or
if the infringement would have been
avoided by CLIENT's use of the most
current revision of the software products.
The foregoing states COMPANY's
entire liability and CLIENT's exclusive
remedy with respect to any claims of
infringement of any copyright, patent,
trademark, or any property interest rights
by the software products, any part
thereof, or use thereof.
4
COMPANY AGREEMENT
TERMS AND CONDITIONS
b) THE RIGHTS AND REMEDIES
SET FORTH IN THIS SOFTWARE
LICENSE AGREEMENT ARE
EXCLUSIVE AND IN LIEU OF ALL
OTHER RIGHTS AND REMEDIES OR
WARRANTIES EXPRESSED,
IMPLIED OR STATUTORY,
INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
SYSTEM INTEGRATION.
c) In no event shall COMPANY be
liable for special, indirect, incidental,
consequential or exemplary damages,
including without limitation any
damages resulting from loss of use, loss
of data, interruption of business
activities or failure to realize savings
arising out of or in connection with the
use of the software products.
COMPANY's liability for damages
arising out of this Software License
Agreement, whether based on a theory
of contract or tort, including negligence
and strict liability shall be limited to the
COMPANY license fees identified in the
Investment Summary. The license fees
set forth in the Investment Summary
reflect and are set in reliance upon this
allocation of risk and the exclusion of
such damages as set forth in this
Software License Agreement.
7) Dispute Resolution. In the event of a
dispute between the parties under this
Software License Agreement pertaining
to pecuniary damages or losses, the
matter shall be settled by arbitration in
accordance with the then prevailing rules
of the American Arbitration Association.
8) No Intended Third Party
Beneficiaries. This agreement is entered
into solely for the benefit of COMPANY
and CLIENT. No third party shall be
deemed a beneficiary of this agreement,
and no third party shall have the right to
make any claim or assert any right under
this agreement.
9) Governing Law. This Software
License Agreement shall be governed by
and construed in accordance with the
laws of CLIENT's state of domicile.
10) Entire Agreement.
a) This Software License Agreement,
including Exhibit I and the functional
description of the software products
found in COMPANY's written proposal
to CLIENT, represents the entire
agreement of CLIENT and COMPANY
with respect to the software products and
supersedes any prior agreements,
understandings and representations,
whether written, oral, expressed,
implied, or statutory. CLIENT hereby
acknowledges that in entering into this
agreement it did not rely on any
representations or warranties other than
those explicitly set forth in this Software
License Agreement and the functional
description of the software products
found in COMPANY's written proposal
to CLIENT.
b) If any term or provision of this
Software License Agreement or the
application thereof to any person or
circumstance shall, to any extent, be
invalid or unenforceable, the remainder
of this Software License Agreement or
the application of such term or provision
to persons or circumstances other than
those as to which it is held invalid or
unenforceable shall not be affected
thereby, and each term and provision of
this Software License Agreement shall
be valid and enforced to the fullest
extent permitted by law.
c) This Software License Agreement
may only be amended, modified or
changed by written instrument signed by
both parties.
5
COMPANY AGREEMENT
TERMS AND CONDITIONS
d) CLIENT should return an executed
copy of this Agreement to COMPANY.
If the Agreement is not returned to
COMPANY within 90 days /Tom the
issue date, then such Agreement is
subject to be voided and prices are
subject to change.
11) Cancellation or Termination, In
the event of cancellation or termination
of this Software License Agreement,
CLIENT will make payment to
COMP ANY for all software products,
services and expenses delivered or
incurred prior to the termination or
cancellation of this Software License
Agreement.
12) Approval of Governing Body.
CLIENT represents and warrants to
COMPANY that this Software License
Agreement has been approved by its
governing body and is a binding
obligation upon CLIENT.
Professional Services Agreement
1) Services Provided. COMPANY shall
provide some or all of the fo llowing
services to CLIENT, as evidenced in the
attached Investment Summary:
a) Installation as described in the
Investment Summary;
b) Conversion of CLIENT's existing data
as set forth in the Investment Summary.
CLIENT is responsible for reading and
complying with COMPANY's
Conversion Statement.
c) Training/Implementation as set forth
in the Investment Summary;
d) Consulting/Analysis as set forth in the
Investment Summary; and
e) Verification Testing as described m
the Software License Agreement.
2) Professional Services Fees.
a) Notwithstanding specific prices to the
contrary identified in the Investment
Summary, all services will be invoiced
in hourly increments as delivered, plus
travel and other expenses, plus a 10%
travel processing fee. CLIENT agrees to
pay COMPANY for the actual amount
of training provided. The quantity in the
Investment Summary represents only an
estimate oftime required to complete all
phases of this Agreement.
b) Upon the completion of each service
day, or group of days, COMPANY will
present a Daily Log. CLIENT will sign
the report indicating acceptance of the
service day and its subsequent billing, or
noting reasons for CLIENT's non-
acceptance of such. This acceptance is
fmal.
c) CLIENT is not charged for travel
time to and from the CLIENT's site.
Only time spent on-site is billed as
training time; excluding those cases in
which the CLIENT requires the
COMPANY trainer(s) to travel on the
weekend, in which case CLIENT will be
billed for weekend travel time at a rate
of $500 per weekend day.
d) If CLIENT travels to COMPANY
location for training, then CLIENT
agrees to pay all expenses related to
transportation of CLIENT's employees.
e) All requests for supporting
documentation shall be made within
thirty (30) calendar days of invoice
delivery. Such documentation will
consist of quoted internet rates within 7
days from the date the request is
received by the COMPANY and not
actual receipts. Such quotes will be
deemed acceptable documentation if
price is within 25% of actual amounts
charged to CLIENT, adjusted by unusual
or seasonal travel circumstances.
/) The rates for Verification Testing shall
be the same as the
Training/Implementation rates set forth
in the Investment Summary.
6
COMPANY AGREEMENT
TERMS AND CONDITIONS
g) The rates listed in the Investment
Summary do not include any tax or other
governmental impositions including,
without limitation, sales, use or excise
tax. All applicable sales tax, use tax or
excise tax shall be paid by CLIENT and
shall be paid over to the proper
authorities by CLIENT or reimbursed by
CLIENT to COMPANY on demand in
the event that COMPANY is responsible
or demand is made on COMPANY for
the payment thereof. If tax-exempt,
CLIENT must provide COMPANY with
CLIENT's tax-exempt number or form.
h) Payment is due within thirty (30)
calendar days of invoice.
i) In the event of any disputed invoice,
CLIENT shall provide written notice of
such disputed invoice to Attention:
COMP ANY Controller at the address
listed on the cover of this Agreement.
Such written notice shall be provided to
COMPANY within fifteen (15) calendar
days of CLIENT's receipt of the invoice.
An additional fifteen (15) days is
allowed for the CLIENT to provide
written clarification and details for the
disputed invoice. COMPANY shall
provide a written response to CLIENT
that shall include either a justification of
the invoice or an explanation of an
adjustment to the invoice and an action
plan that will outline the reasonable
steps needed to be taken by COMPANY
and CLIENT to resolve any issues
presented in CLIENT's notification to
COMPANY. CLIENT may withhold
payment of only the amount actually in
dispute until COMPANY provides the
required written response, and full
payment shall be remitted to
COMPANY upon COMPANY's
completion of all material action steps
required to remedy the disputed matter.
Notwithstanding the foregoing sentence,
if COMPANY is unable to complete all
material action steps required to remedy
the disputed matter because CLIENT has
not completed the action steps required
of them, CLIENT shall remit full
payment of the invoice.
j) Any invoice not disputed as described
above shall be deemed accepted by the
CLIENT. If payment of any invoice that
is not disputed as described above is not
made within sixty (60) calendar days,
COMPANY reserves the right to
suspend delivery of all services under
the Investment Summary, the Software
License Agreement, this Professional
Services Agreement, the Maintenance
Agreement and, if applicable, the Third
Party Product Agreement.
3) Training Environment. If training
is being conducted at the CLIENT's site,
the CLIENT is responsible for providing
a productive environment to conduct
training. COMPANY is not responsible
for its inability to conduct training or for
inadequate training arising due to
interruptions and/or unavailability of
CLIENT personnel to be trained. Time
spent on-site by COMPANY that results
in non-productive training time beyond
COMPANY's control will be billed as
training time. COMP ANY will make
reasonable efforts to schedule training
on dates requested by the CLIENT.
Trainers will be on-site approximately
noon Monday through noon Friday.
This allows appropriate travel time to
and from the CLIENT's site.
4) Additional Services. Services
utilized in excess of those set forth in the
Investment Summary and additional
related services not set forth in the
Investment Summary will be billed at
COMPANY's then current market rate
for the service as they are incurred.
Travel and other expenses, plus a 10%
7
COMPANY AGREEMENT
TERMS AND CONDITIONS
travel processing fee will be billed as
delivered.
5) Limitation of Liability. COMPANY
shall not be liable for inaccurate data in
COMPANY's application software
which is the result of conversion of
inaccurate data from the previous
system. COMPANY's liability for
damages arising out of this Professional
Services Agreement, whether based on a
theory of contract or tort, including
negligence and strict liability, shall be
limited to the professional service fees
identified in the Investment Summary.
The CLIENT shall not in any event be
entitled to, and COMPANY shall not be
liable for, indirect, special, incidental,
consequential or exemplary damages of
any nature. The professional service fees
set forth in the Investment Summary
reflect and are set in reliance upon this
allocation of risk and the exclusion of
such damages as set forth in this
Professional Services Agreement.
6) Dispute Resolution. In the event of a
dispute between the parties under this
Professional Services Agreement
pertaining to pecuniary damages or
losses, the matter shall be settled by
arbitration in accordance with the then
prevailing rules of the American
Arbitration Association.
7) No Intended Third Party
Beneficiaries. This Professional
Services Agreement is entered into
solely for the benefit of COMPANY and
CLIENT. No third party shall be deemed
a beneficiary of this Professional
Services Agreement, and no third party
shall have the right to make any claim or
assert any right under this Professional
Services Agreement.
8) Governing Law. This Professional
Services Agreement shall be governed
by and construed in accordance with the
laws of CLIENT's state of domicile.
9) Cancellation or Termination. In the
event of cancellation or termination of
this Professional Services Agreement,
CLIENT will make payment to
COMPANY for all services and
expenses delivered or incurred prior to
the termination or cancellation of this
Professional Services Agreement.
10) Entire Agreement.
a) This Professional Services Agreement
represents the entire agreement of
CLIENT and COMPANY with respect
to the professional services and
supersedes any prior agreements,
understandings and representations,
whether written, oral, expressed,
implied, or statutory. CLIENT hereby
acknowledges that in entering into this
agreement it did not rely on any
representations or warranties other than
those explicitly set forth in this
Professional Services Agreement.
b) If any term or provision of this
Professional Service Agreement or the
application thereof to any person or
circumstance shall, to any extent, be
invalid or unenforceable, the remainder
of this Professional Services Agreement
or the application of such term or
provision to persons or circumstances
other than those as to which it is held
invalid or unenforceable shall not be
affected thereby, and each term and
provision of this Professional Services
Agreement shall be valid and enforced to
the fullest extent permitted by law.
c) This Professional Services Agreement
may only be amended, modified or
changed by written instrument signed by
both parties.
d) CLIENT should retum an executed
copy of this Agreement to COMPANY.
If the Agreement is not returned to
8
COMPANY AGREEMENT
TERMS AND CONDITIONS
COMPANY within 90 days from the
issue date, then such Agreement is
subject to be voided and prices are
subject to change.
11) Approval of Governing Body.
CLIENT represents and warrants to
COMP ANY that this Professional
Services Agreement has been approved
by its governing body and is a binding
obligation upon CLIENT.
Annual Software Maintenance
Agreement
1) Scope of Agreement. The CLIENT
agrees to purchase and COMPANY
agrees to provide services for the
software products listed on the cover of
this Agreement in accordance with the
following terms and conditions. Both
parties acknowledge that this Annual
Software Maintenance Agreement
covers both Support for the software
products listed on the cover of this
Agreement and Licensing of updates of
such installed software products.
2) Term of Agreement. This Annual
Software Maintenance Agreement is
effective on the date executed by an
officer of COMPANY and shall have a
term beginning upon the first of the
month six months after the installation of
the COMPANY Software and ending
upon the last day of the month one year
following that date.
a) This Annual Software Maintenance
Agreement will automatically renew for
subsequent one-year terms unless either
party gives the other party at least thirty
days prior written notice of its intent not
to renew. Fees for subsequent years are
subject to change.
b) If CLIENT has not elected to
participate in the COMPANY Annual
Software Maintenance Agreement, or
elects not to renew the Agreement, the
CLIENT shall acquire Software
maintenance in accordance to the Section
entitled "Support Terms for CLIENTs
Not Participating in the Annual Software
Maintenance Agreement ".
3) Payment.
a) CLIENT agrees to pay COMPANY
the amount identified in the Investment
Summary for licensing and support
services, as described below. The
licensing fee of the COMP ANY
Software includes six month's
maintenance from the time the Software
is installed. The annual amount
identified in the Investment Summary
will become due the first of the month
fo llowing six months after the
installation ofthe COMPANY software.
This payment is due and payable in
accordance with Section General
Payment Terms or amended in any
attached addendum.
b) Additional Charges. Any maintenance
performed by COMPANY for the
CLIENT, which is not covered by this
Annual Software Maintenance
Agreement, will be charged at
COMPANY's then current market rates.
All materials supplied in connection
with such non-covered maintenance or
support plus expenses will be charged to
CLIENT.
c) Support and services will be
suspended whenever CLIENT's account
is thirty (30) calendar days overdue.
Support and services will be reinstated
when CLIENT's account is made
current.
4) Terms and Conditions for
Licensing of Updates of the Installed
Software Products.
a) CLIENT is hereby granted the non-
exclusive and nontransferable license
and right to use the additional versions
of the installed software products listed
9
COMPANY AGREEMENT
TERMS AND CONDITIONS
on the Cover of this Agreement which
COMPANY may release during the term
of this Annual Software Maintenance
Agreement. COMPANY agrees to
extend and CLIENT agrees to accept a
license subject to the terms and
conditions contained herein for the
installed software products.
b) The installed software products listed
are licensed for use only for the benefit
of CLIENT listed on the cover of this
Agreement. The software products are
not licensed to perform functions or
processing for subdivisions or entities
that were not considered by COMPANY
when COMPANY placed CLIENT in
the categories listed on the cover of this
Agreement.
c) As long as a current Annual Software
Maintenance Agreement is in place, this
License may be transferred to another
hardware system used for the benefit of
CLIENT. CLIENT agrees to notify
COMPANY prior to transferring the
licensed products to any other system.
The cost for new media or any required
technical assistance to accommodate the
transfer would be billable charges to the
CLIENT.
d) CLIENT agrees that the software
products are proprietary to COMPANY
and have been developed as a trade
secret at COMPANY's expense.
CLIENT agrees to keep the software
products confidential and use its best
efforts to prevent any misuse,
unauthorized use or unauthorized
disclosures by any party of any or all of
the software products or accompanying
documentation.
e) If CLIENT has made modifications to
the software products, COMPANY will
not support the modified software
products, unless modifications were
specifically authorized ill writing by
COMPANY.
1) CLIENT may make copies of the
licensed software products for archive
purposes only. The CLIENT will repeat
any proprietary notice on the copy of the
software products. The documentation
accompanying the product may not be
copied except for internal use.
g) For as long as a current Annual
Software Maintenance Agreement is in
place, COMPANY shall promptly
correct any functions of the software
products which fail to substantially
comply with COMPANY's
documentation for the most current
version of the software products. If
CLIENT has made modifications to the
software products, COMPANY will not
make such corrections, unless
modifications were specifically
authorized in writing by COMPANY.
5) Terms and Conditions for Support.
a) COMPANY shall provide software
related CLIENT support during standard
support hours. Currently, standard
support hours are from 7:00am to
7:00pm Central Standard Time, Monday
thru Friday, excluding holidays.
COMPANY reserves the right to modify
these support hours as COMPANY sees
fit in order to better serve its CLIENT.
Assistance and support requests which
require special assistance from
COMPANY's development group will
be taken and directed by support
personnel.
b) COMPANY will maintain staff that is
appropriately trained to be familiar with
the software products in order to render
assistance, should it be required.
c) COMPANY will provide CLIENT
with all updates that COMPANY may
make to the then current version of the
10
COMPANY AGREEMENT
TERMS AND CONDITIONS
installed software products covered in
this Agreement.
d) CLIENT acknowledges that the
updates/enhancements may not be
compatible with CLIENT's particular
hardware configuration or operating
system. CLIENT acknowledges that
additional hardware and software may
be required at the CLIENT's expense in
order to utilize the
updates/enhancements.
e) COMPANY will make available
appropriately trained personnel to
provide CLIENT additional training,
program changes, analysis, consultation,
recovery of data, conversion, non-
coverage maintenance service, etc.,
billable at the current per diem rate plus
expenses. COMPANY employs many
CPAs but is not a board registered CPA
firm.
f) COMPANY shall provide CLIENT
with on-line support through the use of
communications modem and software.
6) Support Terms for CLIENTs Not
Participating in the Annual Software
Maintenance Agreement. The
Software License Agreement includes six
months free maintenance. If CLIENT
elects not to participate in the
COMPANY Annual Software
Maintenance Agreement, CLIENT shall
receive support on a Time and Materials
basis following six months after the
COMPANY Software is installed in
accordance with the following terms:
a) CLIENTs not on Software Support
Maintenance will receive the lowest
priority for Software Support.
b) CLIENTs not on Software Support
Maintenance will be required to
purchase new releases of the Software.
New Releases will include fixes,
enhancements and updates, such as, Tax
Tables, W /2 reporting formats, 1099
changes, etc.
c) CLIENTs not on Software Support
Maintenance will be charged $175 per
hour with a one-hour minimum for all
software support calls.
d) CLIENTs not on Software Support
Maintenance will not be granted access
to COMPANY's software support web-
site.
e) CLIENTs not on Software Support
Maintenance are subject to higher rates
for training and continuing education
performed by COMPANY employees.
This is due to the fact that the CLIENT
may not be utilizing the most current
version of our software.
f) COMPANY will not guarantee a
program fix to a documented bug for
software versions that are not the
currently released version. Since every
CLIENT is on Software Support
Maintenance, often times, bug fixes are
rolled into the latest release and then
sites are upgraded to the latest release of
the software.
g) If a CLIENT decides to discontinue
Software Support Maintenance and later
chooses to reinstate Software Support
Maintenance, the CLIENT will be
required to pay the portion of annual
software support maintenance fees for
the Enhancement and Software Updates
(27%), dating back to the date when the
CLIENT discontinued Software Support
Maintenance. Once again, COMPANY
feels any CLIENT not on Software
Support Maintenance will not be
satisfied with the level of support they
will receive, which in turn, makes a
dissatisfied CLIENT. COMPANY
prides itself on customer satisfaction,
which is why we strongly encourage
every CLIENT to purchase Software
Support Maintenance.
II
COMPANYAGREEMffiNT
TERMS AND CONDITIONS
7) Additional Services. The Services
listed below are not included in the
COMPANY Software Maintenance
Agreement. These services shall be
provided at COMPANY's discretion and
will be billed on a Time and Materials
basis at COMPANY's current rates.
a) Changes to print programs.
b) Software modifications.
c) Software Training.
d) Responding to problems caused by
bad data.
e) Responding to problems caused by
hardware.
f) Responding to problems caused by
operator error.
g) Responding to problems caused by
software that is not COMPANY
software.
h) Responding to problems resulting
from misuse, accidents, CLIENT
neglect, fire, or any other cause not
within COMPANY's reasonable control.
i) Changes made to the COMPANY
Software by someone other than
COMPANY personnel.
j) Any other services performed by
COMPANY not otherwise specifically
provided for in this Agreement, including
but not limited to, bank reconciliation,
reconciling out of balance reports,
balancing segments of the system, etc.
8) Limitations and Exclusions. The
support and services of this Maintenance
Agreement do not include the following:
a) Support service does not include the
installation of the software products,
onsite support, application design, and
other consulting services, support of an
operating system or hardware, or any
support requested outside of standard
support hours.
b) CLIENT shall be responsible for
implementing at its expense, all changes
to the current version. CLIENT
understands that changes furnished by
COMPANY for the current version are
for implementation in the current
installed software products version, as it
exists without customization or CLIENT
alteration.
9) CLIENT Responsibilities,
a) CLIENT shall provide, at no charge to
COMPANY, full and free access to the
programs covered hereunder; working
space; adequate facilities within a
reasonable distance from the equipment;
and use of machines, attachments,
features, or other equipment necessary to
provide the specified support and
maintenance service. Such environment
includes, but is not limited to; use ofthe
appropriate operating system at the
version and release levels specified by
COMPANY and additionally specifies
that the environment for any
COMPANY software application
requires the CLIENT to have e-mail and
Internet access. CLIENT shall provide
telephone lines, communications
software specified by COMPANY, and
all equipment necessary to use
COMPANY's on-line support. CLIENT
will be responsible for all additional
costs incurred to the extent such
hardware and software does not conform
to COMPANY's specifications. The
acquisitions of necessary hardware and
software meeting the requirements then
in effect shall be sole responsibility of
the CLIENT.
b) CLIENT shall maintain a dialup, lP or
VPN connection through pcAnywhere,
Citrix or Microsoft Terminal Services.
COMPANY, at its option, shall use the
connection to assist with problem
diagnosis and resolution. This
connection shall be dedicated for the use
of COMPANY and shall not be shared
with fax or internet connection line.
12
COMPANY AGREEMENT
TERMS AND CONDITIONS
c) CLIENT must maintain an active e-
mail address capable of receiving a 5
MB attachment. This e-mail account
must be accessible from a PC connected
to the server hosting the COMPANY
software applications.
d) CLIENT must open firewall ports to
enable access to COMPANY's FTP
server for program updates via Live
Update.
10) Non-Assignability. The CLIENT
shall not have the right to assign or
transfer its rights hereunder to any party.
11) Force Majeure. COMPANY shall
not be responsible for delays in servicing
the products covered by this Annual
Software Maintenance Agreement
caused by strikes, lockouts, riots,
epidemic, war, government regulations,
fife, power failure, acts of God, or other
causes beyond its control.
12) Limitation of Liability. The
liability of COMPANY is hereby limited
to a claim for a money judgment not
exceeding the fees paid by the CLIENT
for services under this Annual Software
Maintenance Agreement. The CLIENT
shall not in any event be entitled to, and
COMPANY shall not be liable for,
indirect, special, incidental,
consequential or exemplary damages of
any nature.
13) Governing Law. This Annual
Software Maintenance Agreement shall
be governed by and construed in
accordance with the laws of CLIENT's
state of domicile.
14) Entire Agreement.
a) This Annual Software Maintenance
Agreement represents the entire
agreement of CLIENT and COMPANY
with respect to the maintenance of the
software products and supersedes any
prior agreements, understand ings and
representations, whether written, oral,
expressed, implied, or statutory.
CLIENT hereby acknowledges that in
entering into this agreement it did not
rely on any representations or warranties
other than those explicitly set forth in
this Annual Software Maintenance
Agreement.
b) If any term or provision of this
Agreement or the application thereof to
any person or circumstance shall, to any
extent, be invalid or unenforceable, the
remainder of this Annual Software
Maintenance Agreement or the
application of such term or provision to
persons or circumstances other than
those as to which it is held invalid or
unenforceable shall not be affected
thereby, and each term and provision of
this Annual Software Maintenance
Agreement shall be valid and enforced to
the fullest extent permitted by law.
c) This Annual Software Maintenance
Agreement may only be amended,
modified or changed by written
instrument signed by both parties.
d) CLIENT should return an executed
copy of this Agreement to COMPANY.
If the Agreement is not returned to
COMPANY within 90 days from the
issue date, then such Agreement is
subject to be voided and prices are
subject to change.
Hardware and System Software
Agreement
1) Agreement to License or Sell
Hardware. For the price set forth in the
Investment Summary (Hardware &
System Software), COMPANY agrees to
license or sell and deliver to CLIENT,
and CLIENT agrees to accept from
COMPANY the hardware and system
software products set forth in the
Investment Summary.
13
COMPANY AGREEMENT
TERMS AND CONDITIONS
2) License of Hardware.
a) Upon CLIENT's payment for the
hardware listed in the Investment
Summary, for the license fees set forth in
the Investment Summary, COMPANY
shall grant to CLIENT and CLIENT
shall accept from COMPANY a non-
exclusive, nontransferable, non-
assignable license to the hardware and
system software products and
accompanying documentation and
related materials for internal business
purposes of CLIENT, subject to the
conditions and limitations in this section.
3) Price. CLIENT agrees to pay
COMPANY and COMPANY agrees to
accept from CLIENT as payment in full
for the hardware and system software
products, the price set forth in the
Investment Summary at the following
manner:
a) Twenty-five percent (25%) of the
price of all hardware and system
software products listed in the
Investment Summary upon execution of
this Agreement; and
b) The remaining balance of the price of
each item delivered to CLIENT upon
delivery of each product.
c) In the event of any disputed invoice,
CLIENT shall provide written notice 0 f
such disputed invoice to Attention:
COMPANY Controller at the address
listed on the cover of this Agreement.
Such written notice shall be provided to
COMPANY within fifteen (15) calendar
days of CLIENT's receipt of the invoice.
An additional fifteen (15) days is
allowed for the CLIENT to provide
written clarification and details for the
disputed invoice. COMPANY shall
provide a written response to CLIENT
that shall include either a justification of
the invoice or an explanation of an
adjustment to the invoice and an action
plan that will outline the reasonable
steps needed to be taken by COMPANY
and CLIENT to resolve any issues
presented in CLIENT's notification to
COMPANY. CLIENT may withhold
payment of only the amotlnt actually in
dispute until COMPANY provides the
required written response, and full
payment shall be remitted to
COMPANY upon COMPANY's
completion of all material action steps
required to remedy the disputed matter.
Notwithstanding the foregoing sentence,
if COMPANY is unable to complete all
material action steps required to remedy
the disputed matter because CLIENT has
not completed the action steps required
of them, CLIENT shall remit full
payment ofthe invoice.
d) Any invo ice not disputed as described
above shall be deemed accepted by the
CLIENT. If payment of any invoice that
is not disputed as described above is not
made within sixty (60) calendar days,
COMPANY reserves the right to
suspend delivery of all services under
the Investment Summary, the Software
License Agreement, the Professional
Services Agreement, the Maintenance
Agreement and this Hardware and
System Software Agreement.
4) Costs and Taxes.
a) Unless otherwise indicated in the
Investment Summary, the price includes
costs for shipment of and insurance
while in transit for the hardware and
system software products from the
supplier's place of manufacture to
CLIENT's site.
b) The price listed in the Investment
Summary does not include any tax or
other governmental impositions
including, without limitation, sales, use
or excise tax. All applicable sales tax,
use tax or excise tax shall be paid by
14
COMPANY AGREEMENT
TERMS AND CONDITIONS
CLIENT and shall be paid over to the
proper authorities by CLIENT or
reimbursed by CLIENT to COMPANY
on demand in the event that COMPANY
is responsible or demand is made on
COMPANY for the payment thereof. If
tax-exempt, CLIENT must provide
COMPANY with CLIENT's tax-exempt
number or form.
5) F.O.B. Point. Delivery of each
hardware and system software product
shall be F.O.B. CLIENT's site.
6) Schedule of Delivery. Delivery of
each hardware and system software
product shall take place according to
mutually agreeable schedule, but
COMPANY shall not be liable for
failure to meet the agreed upon schedule
if, and to the extent, said failure is due to
causes beyond the control and without
the fault of COMPANY.
7) CLIENT Delays. If any act or failure
to act by the CLIENT delays
COMPANY's performance, COMPANY
shall be excused from performance for an
amount of time commensurate with the
delay caused by CLIENT. CLIENT
acknowledges that its delay may excuse
COMPANY from performance for an
amount of time greater than the delay
caused by CLIENT. Such delays by
CLIENT that may cause COMPANY to
delay performance include, but are not
limited to failure to have prepared any
data in the form and format requested by
COMPANY, on or before the date
specified by COMPANY or to have
verified such data for accuracy,
submission of erroneous data to
COMPANY or CLIENT's failure to have
completely prepared the Hardware's
installation site prior to the Hardware's
actual delivery including, but not limited
to, failure to have all electrical work and
cable installation completed.
8) Installation and Verification. If
itemized in the Investment Summary, the
price includes installation of the
hardware and system software products.
Upon the completion of installation,
CLIENT shall obtain from the installer a
certification of completion, or similar
document, which certification or similar
document shall constitute CLIENT's
acceptance of the hardware and system
software products. Such acceptance shall
be fmal and conclusive except for latent
defects,fraud, and such gross mistakes
as amount to fraud and rights and
remedies available to CLIENT under the
paragraph hereof entitled Warranties.
9) Site Requirements. CLIENT shall
prepare the installation site prior to the
delivery of the hardware and system
software. CLIENT is solely responsible
for and will furnish all necessary labor
and material to install all associated
electrical lines, CRT cables, and
telephone lines for communication
modems. CLIENT is responsible for
installing all required cables.
10) Warranties.
ALL WARRANTIES RELATING TO
THE HARDWARE AND SYSTEM
SOFTWARE ARE PROVIDED
DIRECTLY FROM THE HARDWARE
MANUFACTURERS AND/OR
SOFTWARE PUBLISHERS UNDER
THE TERMS AND CONDITIONS OF
THEIR RESPECTIVE WARRANTIES.
THE W ARRANTlES SET FORTH IN
THIS HARDWARE AND SYSTEM
SOFTWARE AGREEMENT ARE
EXCLUSIVE AND IN LIEU OF ALL
OTHER RIGHTS AND REMEDIES
REPRESENTATIONS OR
WARRANTIES EXPRESSED,
IMPLIED OR STATUTORY,
INCLUDING WITHOUT
LIMIT A TlON THE W ARRANTlES OF
15
COMPANY AGREEMENT
TERMS AND CONDITIONS
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
SYSTEM INTEGRATION.
11) Maintenance. There is no hardware
maintenance provided pursuant to this
Agreement. Hardware warranty and/or
maintenance are typically provided by the
manufacturer or a Third Party. In
situations where COMPANY and the
CLIENT agree that COMPANY will
provide hardware maintenance, such
hardware maintenance shall be governed
by the terms of COMPANY's Annual
Hardware Maintenance agreement.
12) Limitation of Liability. CLIENT
expressly assumes so Ie responsibility for
the selection and use of the hardware
and system software. In no event shall
COMPANY be liable for special,
indirect, incidental, consequential or
exemplary damages, including without
limitation any damages resulting from
loss of use, loss of data, interruption of
business activities or failure to realize
savings arising out of or in connection
with the use of the hardware and system
software products. COMPANY's
liability for damages arising out of this
Hardware and System Software
Agreement, whether based on a theory
of contract or tort, including negligence
and strict liability shall be limited to the
price of the hardware and system
software products set forth in the
Investment Summary. The prices set
forth in the Investment Summary reflect
and are set in reliance upon this
allocation of risk and the exclusion of
such damages as set forth in this
Hardware and System Software
Agreement.
13) Dispute Resolution. In the event of
a dispute between the parties under this
Hardware and System Software
Agreement pertaining to pecuniary
damages or losses, the matter shall be
settled by arbitration in accordance with
the then prevailing rules of the American
Arbitration Association.
14) Governing Law. This Hardware and
System Software Agreement shall be
governed by and construed in
accordance with the laws of CLIENT's
state of domicile.
15) Cancellation or Termination. In
the event of cancellation or termination
of this Hardware and System Software
Agreement, CLIENT will make payment
to COMPANY for all products and
related services and expenses delivered
or incurred prior to the termination or
cancellation of this Hardware and
System Software Agreement. CLIENT
may also be responsible for restocking
fees.
16) Entire Agreement.
a) This Hardware and System Software
Agreement represents the entire
agreement of CLIENT and COMPANY
with respect to the hardware and system
software products and supersedes any
prior agreements, understandings and
representations, whether written, oral,
expressed, implied, or statutory.
CLIENT hereby acknowledges that in
entering into this agreement it did not
rely on any representations or warranties
other than those explicitly set forth in
this Hardware and System Software
Agreement.
b) If any term or provision of this
Hardware and System Software
Agreement or the application thereof to
any person or circumstance shall, to any
extent, be invalid or unenforceable, the
remainder of this Hardware and System
Software Agreement or the application
of such term or provision to persons or
circumstances other than those as to
which it is held invalid or unenforceable
16
COMPANY AGREEMENT
TERMS AND CONDITIONS
shall not be affected thereby, and each
term and provision of this Hardware and
System Software Agreement shall be
valid and enforced to the fullest extent
permitted by law.
c) This Hardware and System Software
Agreement may only be amended,
modified or changed by written
instrument signed by both parties.
d) CLIENT should return an executed
copy of this Agreement to COMPANY.
I f the Agreement is not returned to
COMPANY within 90 days from the
issue date, then such Agreement is
subject to be voided and prices are
subject to change.
17) Approval of Governing Body.
CLIENT represents and warrants to
COMPANY that this Hardware and
System Software Agreement has been
approved by its governing body and is a
binding obligation upon CLIENT.
Annual Hardware Maintenance
Agreement
1) Scope of Agreement. For the prices
set forth in the Investment Summary,
CLIENT requests to cover and
COMP ANY agrees to cover the
equipment specified on the cover of this
agreement in accordance with the
following terms and conditions.
COMPANY requires all like-kind
hardware to be covered (i.e. ALL cash
drawers, ALL receipt printers, etc.).
2) Price. The CLIENT agrees to pay
the Annual Hardware Maintenance fee
specified in this Agreement.
COMPANY guarantees this fee for the
term of the Annual Hardware
Maintenance Agreement. However, fees
for subsequent years are subject to
change.
3) Payment, CLIENT agrees to pay the
Annual Hardware Maintenance
Agreement fee in accordance with the
following terms:
a) The CLIENT will be invoiced 12
months after the initial installation of the
hardware.
b) In order for equipment to be eligible
to be covered under this Annual
Hardware Maintenance Agreement, the
equipment must be covered beginning
12 months after the installation date of
the equipment and must remain under
continuous coverage on the Annual
Hardware Maintenance Agreement
4) Equipment Maintenance Program
Terms. COMPANY agrees to provide
the maintenance on the equipment
specified under this agreement in
accordance to the following terms:
a) In the event of equipment failure,
COMPANY will repair the defective
equipment and provide the CLIENT
with "like or near like" equipment while
the defective equipment is being
repaired.
b) CLIENT shall notify COMP ANY of
equipment failure. Upon notification,
COMP ANY will ship via over-night
service to the CLIENT the appropriate
loaner equipment. The CLIENT shall
package the defective equipment in its
original container and ship the
equipment to COMPANY.
c) Once the equipment is repaired, it
will be shipped to the CLIENT. Upon
receipt of the repaired equipment the
CLIENT shall ship the loaner equipment
back to COMPANY. The loaner
equipment should be shipped back to
COMPANY within two days of
receiving the repaired equipment. The
CLIENT agrees to pay daily rental fees
to COMPANY ifthe loaner equipment is
not shipped back to COMPANY within
the time frame specified.
17
COMPANY AGREEMENT
TERMS AND CONDITIONS
d) The CLIENT is responsible for
shipping cost related to shipping
equipment to COMPANY. COMPANY
is responsible for shipping cost related to
shipping equipment to the CLIENT.
5) Definitions. The fo llowing
definitions apply to the terms of this
Annual Hardware Maintenance
Agreement:
a) Loaner Equipment. Equipment
loaned to the CLIENT by COMPANY
for use while the CLIENT's equipment is
being repaired.
b) Like or Near-Like Equipment.
Equipment compatible with the
CLIENT's computer system and capable
of performing the tasks performed by the
equipment being repaired.
6) Limitation of Liability. The liability
of COMPANY is hereby limited to that
claim for the money judgment not
exceeding the fees paid by the CLIENT
for services under this Annual Hardware
Maintenance Agreement. The CLIENT
shall not in any event be entitled to, and
COMPANY shall not be liable for,
indirect, special, incidental,
consequential or exemplary damages of
any nature.
7) Governing Law. This Annual
Hardware Maintenance Agreement shall
be governed by and construed in
accordance with the laws of CLIENT's
state of domicile.
8) Entire Agreement.
a) This Annual Hardware Maintenance
Agreement represents the entire
agreement of CLIENT and COMPANY
with respect to the maintenance of the
hardware and system software products
and supersedes any prior agreements,
understandings and representations,
whether written, oral, expressed,
implied, or statutory. CLIENT hereby
acknowledges that in entering into this
agreement it did not rely on any
representations or warranties other than
those explicitly set forth in this Annual
Hardware Maintenance Agreement.
b) If any term or provision of this
Agreement or the application thereof to
any person or circumstance shall, to any
extent, be invalid or unenforceable, the
remainder of this Annual Hardware
Maintenance Agreement or the
application of such term or provision to
persons or circumstances other than
those as to which it is held invalid or
unenforceable shall not be affected
thereby, and each term and provision of
this Annual Hardware Maintenance
Agreement shall be valid and enforced to
the fullest extent permitted by law.
c) This Annual Hardware Maintenance
Agreement may only be amended,
modified or changed by written
instrument signed by both parties.
d) CLIENT should return an executed
copy of this Agreement to COMPANY.
If the Agreement is not returned to
COMPANY within 90 days from the
issue date, then such Agreement is
subject to be voided and prices are
subject to change.
Third Party Product Agreement
1) Agreement to License or Sell Third
Party Products. For the price set forth
in the Investment Summary (Hardware
& System Software), COMPANY agrees
to license or sell and deliver to CLIENT,
and CLIENT agrees to accept from
COMPANY the third party products set
forth in the Investment Summary.
2) License of Third Party Software
Prod ucts,
a) Upon CLIENT's payment for the third
party software products listed in the
Investment Summary, for the licensetfees set forth in the Investment
18
COMPANY AGREEMENT
TERMS AND CONDITIONS
Summary, COMPANY shall grant to
CLIENT and CLIENT shall accept from
COMP ANY a non-exclusive,
nontransferable, non-assignable license
to use the third party software products
and accompanying documentation and
related materials for internal business
purposes of CLIENT, subject to the
conditions and limitations in this section.
b) Ownership of the third party software
products, accompanying documentation
and related materials, shall remain with
the third party manufacturer or supplier.
c) The right to transfer this license to a
replacement hardware system is
governed by the Third Party. The cost
for new media or any required technical
assistance to accommodate the transfer
would be billable charges to CLIENT.
Advance written notice of any such
transfer shall be provided to
COMPANY.
d) CLIENT agrees that the third party
software products are proprietary to the
third party manufacturer or supplier and
have been developed as a trade secret at
the third-party's expense. CLIENT
agrees to keep the software products
confidential and use its best efforts to
prevent any misuse, unauthorized use or
unauthorized disclosures by any party of
any or all of the third party software
products or accompanying
documentation.
e) CLIENT shall not perform
decompilation, disassembly, translation
or other reverse engineering on the
software products.
f) CLIENT may make copies of the
software products for archive purposes
only. CLIENT will repeat any
proprietary notice on the copy of the
software products. The documentation
accompanying the software products
may not be copied except for internal
use.
3) Price. CLIENT agrees to pay
COMPANY and COMPANY agrees to
accept from CLIENT as payment in full
for the third party products, the price set
forth in the Investment Summary at the
following manner:
a) Twenty-five percent (25%) of the
price of all third party products listed in
the Investment Summary upon execution
of this Agreement; and
b) The remaining balance of the price of
each item delivered to CLIENT upon
delivery of each product.
c) In the event of any disputed invoice,
CLIENT shall provide written notice of
such disputed invoice to Attention:
COMPANY Controller at the address
listed on the cover of this Agreement.
Such written notice shall be provided to
COMPANY within fifteen (15) calendar
days of CLIENT's receipt of the invoice.
An additional fifteen (15) days is
allowed for the CLIENT to provide
written clarification and details for the
disputed invoice. COMPANY shall
provide a written response to CLIENT
that shall include either a justification of
the invoice or an explanation of an
adjustment to the invoice and an action
plan that will outline the reasonable
steps needed to be taken by COMPANY
and CLIENT to resolve any issues
presented in CLIENT's notification to
COMP ANY. CLIENT may withhold
payment of only the amount actually in
dispute until COMPANY provides the
required written response, and full
payment shall be remitted to
COMPANY upon COMPANY's
completion of all material action steps
required to remedy the disputed matter.
Notwithstanding the foregoing sentence,
if COMPANY is unable to complete all
19
COMPANY AGREEMENT
TERMS AND CONDITIONS
material action steps required to remedy
the disputed matter because CLIENT has
not completed the action steps required
of them, CLIENT shall remit full
payment ofthe invoice.
d) Any invoice not disputed as described
above shall be deemed accepted by the
CLIENT. If payment of any invoice that
is not disputed as described above is not
made within sixty (60) calendar days,
COMPANY reserves the right to
suspend delivery of all services under
the Investment Summary, the Software
License Agreement, the Profess'ional
Services Agreement, the Maintenance
Agreement and this Third Party Product
Agreement.
4) Costs and Taxes.
a) Unless otherwise indicated in the
Investment Summary, the price includes
costs for shipment of and insurance
while in transit for the third party
products from the supplier's place of
manufacture to CLIENT's site.
b) The price listed in the Investment
Summary does not include any tax or
other governmental impositions
including, without limitation, sales, use
or excise tax. All applicable sales tax,
use tax or excise tax shall be paid by
CLIENT and shall be paid over to the
proper authorities by CLIENT or
reimbursed by CLIENT to COMPANY
on demand in the event that COMPANY
is responsible or demand is made on
COMPANY for the payment thereof. If
tax-exempt, CLIENT must provide
COMPANY with CLIENT's tax-exempt
number or form.
5) F.O.B. Point. Delivery of each third
party product shall be F.O.B. CLIENT's
site.
6) Schedule of Delivery. Delivery of
each third party product shall take place
according to mutually agreeable
schedule, but COMPANY shall not be
liable for failure to meet the agreed upon
schedule if, and to the extent, said failure
is due to causes beyond the control and
without the fault of COMPANY.
7) Installation and Verification.
a) If itemized in the Investment
Summary, the price includes installation
of the third party products. Upon the
completion of installation, CLIENT shall
obtain from the installer a certification of
completion, or similar document, which
certification or similar document shall
constitute CLIENT's acceptance of the
third party products. Such acceptance
shall be final and conclusive except for
latent defects, fraud, and such gross
mistakes as amount to fraud and rights
and remedies available to CLIENT
under the paragraph hereof entitled
Warranties.
8) Site Requirements. CLIENT shall
provide:
a) a suitable environment, location and
space for the installation and operation
of the third party products;
b) sufficient and adequate electrical
circuits for the third party products; and
c) installation of all required cables.
9) Warranties.
a) CaMP ANY is authorized by the
manufacturer or supplier of all third
party software products listed in the
Investment Summary to grant licenses or
sublicenses to such products.
b) Unless otherwise noted in any
attached addendum, COMPANY
warrants that each third party product
shall be new and unused, and if CLIENT
fully and faithfully performs each and
every obligation required of it under the
Third Party Product Agreement,
CLIENT's title or license to each third
party product shall be free and clear of
. 20
COMPANY AGREEMENT
TERMS AND CONDITIONS
all liens and encumbrances arising
through COMPANY.
c) The parties understand and agree that
COMP ANY is not the manufacturer of
the third party products. As such,
COMPANY does not warrant or
guarantee the condition of the third party
products or the operation characteristics
of the third party products. d) THE
WARRANTIES SET FORTH IN THIS
THIRD PARTY PRODUCT
AGREEMENT ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER
RIGHTS AND REMEDIES
REPRESENTATIONS OR
WARRANTIES EXPRESSED,
IMPLIED OR STATUTORY,
INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
SYSTEM INTEGRATION.
10) Maintenance. It shall be the
responsibility of CLIENT to repair and
maintain the third party products after
acceptance. Support for Third Party
Application Software is not provided by
COMPANY unless otherwise specified
in this Agreement. COMPANY's
responsibility is limited to delivering the
Third Party Application Software and
installing the software if installation
services are provided in this Agreement.
11) Limitation of Liability. CLIENT
expressly assumes sole responsibility for
the selection and use of the Third Party
Application Software. In no event shall
COMP ANY be liable for special,
indirect, incidental, consequential or
exemplary damages, including without
limitation any damages resulting from
loss of use, loss of data, interruption of
business activities or failure to realize
savings arising out of or in connection
with the use of the third party products.
COMPANY's liability for damages
arising out of this Third Party Product
Agreement, whether based on a theory
of contract or tort, including negligence
and strict liability shall be limited to the
price of the third party products set forth
in the Investment Summary. The prices
set forth in the Investment Summary
reflect and are set in reliance upon this
allocation of risk and the exclusion of
such damages as set forth in this Third
Party Product Agreement.
12) Dispute Resolution. In the event of
a dispute between the parties under this
Third Party Product Agreement
pertaining to pecuniary damages or
losses, the matter shall be settled by
arbitration in accordance with the then
prevailing rules of the American
Arbitration Association.
13) Governing Law. This Third Party
Product Agreement shall be governed by
and construed in accordance with the
laws of CLIENT's state of domicile.
14) Cancellation or Termination. In
the event of cancellation or termination
of this Third Party Product Agreement,
CLIENT will make payment to
COMPANY for all products and related
services and expenses delivered or
incurred prior to the termination or
cancellation of this Third Party Product
Agreement.
15) Entire Agreement.
a) This Third Party Product Agreement
represents the entire agreement of
CLIENT and COMPANY with respect
to the third party products and
supersedes any prior agreements,
understandings and representations,
whether written, oral, expressed,
implied, or statutory. CLIENT hereby
acknowledges that in entering into this
agreement it did not rely on any
representations or warranties other than
21
COMPANY AGREEMENT
TERMS AND CONDITIONS
those explicitly set forth in this Third
Party Product Agreement.
b) If any term or provision of this Third
Party Product Agreement or the
application thereof to any person or
circumstance shall, to any extent, be
invalid or unenforceable, the remainder
of this Third Party Product Agreement or
the application of such term or provision
to persons or circumstances other than
those as to which it is held invalid or
unenforceable shall not be affected
thereby, and each term and provision of
this Third Party Product Agreement shall
be valid and enforced to the fullest
extent permitted by law.
c) This Third Party Product Agreement
may only be amended, modified or
changed by written instrument signed by
both parties.
d) CLIENT should return an executed
copy of this Agreement to COMPANY.
If the Agreement is not returned to
COMPANY within 90 days from the
issue date, then such Agreement is
subject to be voided and prices are
subject to change.
16) Approval of Governing Body.
CLIENT represents and warrants to
COMPANY that this Third Party
Product Agreement has been approved
by its governing body and is a binding
obligation upon CLIENT.
General Return Merchandise
Authorization (RMA) Policy.
a) In order to return or replace any
product ordered from COMPANY,
CLIENT will need to request and obtain
an RMA number from appropriate
COMP ANY personnel. RMA numbers
will be issued at the discretion 0 f
COMPANY and products returned
without an RMA number may be refused
by COMPANY. COMPANY reserves
the right to refuse the return of any
product or to refuse the issuance of an
RMA number.
b) All shipping costs are the
responsibility of the CLIENT.
COM? ANY recommends the use of a
traceable and insurable shipping source.
COMPANY will not be responsible for
lost or damaged products as a result of
the shipping process.
c) Qualifying products must be returned
unopened with original packaging and
materials unless otherwise agreed upon
by COMPANY. The following
situations will result in the refusal of an
RMA number and credit will not be
issued to client:
· Opened inkjet or laser jet printers
· Opened Third Party Software
· Damaged products as a result of
irregular use of mishandling by
customer
d) Products may only be returned to
COMPANY for account credit after an
RMA number has been issued by
COMPANY. All returns are subject to a
restocking fee of 20% of original
purchase price. Failure to comply with
this policy will result in a refusal of
credit and future product placement.
22
tylerworks.
EXHIBIT 1 - DELIVERY ATTESTMENT
The Delivery AUestment test detailed below will be conducted following the INCODE software
install and prior to the implementation. The test is performed using the IN CODE Sample Database.
This database contains general information applicable to all customers. Given this, the tests will not
validate site specific functionality. Rather, the tests will affirm that the IN CODE system is installed
and performs base line functions. Customer specific functionality will be reviewed during the
implementation phase when site-specific data will be built and applied against desired functionality.
Each suite has a space where clients will be asked to initial certifYing the software has been
installed and accepted. If a section does not apply to you, then please mark it as NI A. Please
fill out the Client and Contact Name, initial the appropriate space and fax this document to
(806) 797-4849, aUn: Implementation.
I ell,n! N.m,
Contact Name
Date
Financial Suite
1. View General Ledger Account Manager
2. View Budget Maintenance
3. View AP Vendor Manager
4. Find PO's in PO Inquiry
5. View Inventory Item Maintenance
6. View Fixed Assets Maintenance
7. View Deduction codes
8. View Pay Type codes
9. View Employee Manager
10. View HR Manager
(Initial)
CIS Suite
I. View Fee Schedule with Rate Tables
2. View Account Manager
3. View Contact and Property Consoles
4. View Bill Maintenance
5. View License Manager
6. View AR Customer Manager
7. View Permits Project Manager
(Initial)
Court Suite
I. View Citation Maintenance
2. View Fee Maintenance
3. View Offense Code Maintenance
(Initial)
tylerworks.
The Data Conversion Process
Purpose
One of the most difficult aspects of software transition revolves around data conversion. This
process takes place in one of two ways:
1. The manuai method - In the manual mode the Client enters data from the existing system
into the new Tyler Technoiogy system.
2. The automated method - In the automated mode a software program is written or coded in
order to facilitate moving information from the existing system to the new Tyler Technology
system.
This document is provided to aid the Client in understanding the automated conversion process
and provide clear direction as to the responsibility and the scope of the process.
Who should read this document?
The obvious answer to this question is the individuai at the Client site that is most responsible for
the transition. Specifically it should be:
1. The individual responsible for extracting and providing data from the old system to the Tyler
Technology system.
2. Any individuals responsible at a department level.
3. Any individual that would benefit from understanding the conversion process
The Conversion Process
The process itself has a predefined set of steps that must take piace for a successful conversion.
1. Initial data extraction - The Client must perform the preiiminary extraction and transmission
of data.
2. Data Evaluation - Tyler Technologies will then be responsibie for evaluating the information
that has been transmitted. Upon a successful evaluation the Client will be contacted for
further scheduiing.
3. Conversion scheduling - Once a schedule has been decided upon, Tyler Technologies will
proceed in development of the conversion programs. During the development step, the
Client will be responsible for providing knowledge and Insight into the information from their
current system
4. On-Site Conversion - Upon Tyler Technology's arrival at the Client's site for the conversion,
the Ciient will be responsible for a final extraction of the data. In most situations the Ciient
will not have to transmit the final extraction to Tyier Technologies. The Tyler Technology
trainer on site will assist the Client in preliminary INCODE application setup that is required
for the conversion as well as execute the conversion programs and assist in the verification
of the converted information's integrity.
Even though the Tyler Technology trainers possess a great deal of knowiedge in the area of
conversion, it is ultimately the Client's responsibility to validate any converted data. The sections
that follow clearly outline and describe each of the above steps.
Understanding the Conversion Process
10f4
tylerworks.
Data Extraction and Transmission of Data
As stated in the contract, the Client must supply data in ASCII file format with unpacked data
fields. This terminology is sometimes considered confusing. The ASCII (pronounced as AS-key) is
an abbreviation that represents the American Standard Code for Information Interchange. This
standard was established in 1967 and still represents one of the most important standards in the
computer industry. Since that time, some vendors have deviated from this standard. An example
would be IBM's has a proprietary standard format abbreviated EBCDIC (pronounced EBB-see-dik).
This is their current standard on the System36 and AS400. Vendors also use compression
techniques in their data structures to pack numeric fields and dates. Since these techniques are not
standard and vary from vendor to vendor, we are unable to process this information. In the
simplest of terms the Client's data that is transmitted to The Tyler Technology system should be
legible in a standard text processing program such as Windows textpad or wordpad. The characters
that you view on screen should be the same characters that are on your computer keyboard.
File Descriptions and layout
The contract further states that the Client must supply sufficient file descriptions and layout
information for the data. Sometimes file descriptions will be referenced as data definitions.
Normally data files have one row after another. Each row represents a record or grouping of
information. As an example, a vendor file would normally have a row for each vendor in the
system. The rows then have to be broken down further into columns or fields. An example of a
field in the vendor file could be vendor name. The file description provides the Information needed
to know exactly what position each field starts and stops in each row, In all cases, file descriptions
are absolutely necessary for any type of conversion.
Media Type
Also outlined in the contract is the media type that the information can be transmitted to The Tyier
Technoiogy system. Unless the Client's existing system has a unix operating system, the most
desirable media to transmit the data would be a cd. In situations where a writable cd is not
available the Client can submit the information on a zip disk or 4mm tape. If a 4mm tape is used
then the Client should transfer the information to the tape using the standard Windows backup
software. The Client may also submit the data via email when the Client has a compression utility
such as winzip and a fast and reliable internet connection. When the Client's existing system has a
unix operating system, the Client may use any of the methods mentioned above with the additional
transmittal method of a 4mm tape with the maximum capacity of 4gb or a '!4 inch tape with the
maximum capacity of 19b. The Client should include the Data Transmission Form with the media.
If the Client is using emaii to transmit the data piease include the information from the Data
Transmittal Form in the email as text or an attachment. In situation where none of the above
options are available to the Client, arrangements should be made with Tyler Technoiogies as to
viable alternatives. These altematives may involve additional fees.
There are certain vendors that Tyler Technologies has had considerable conversion experience and
has developed processes to extract the information from their proprietary data files. other
vendors store their data in Microsoft Access or Microsoft SQL Server database. It is possible in
these situations that the Client can provide their existing data files in their current state without
data extraction. In this scenario the Client would only be responsible for providing a backup of their
current data.
The first data extraction is for the sole purpose of developing the conversion software. This
extraction should contain all the tables or files that are to be converted along with the appropriate
record layouts. An incomplete extraction can produce time delays and undesirable results during
the actual conversion.
Understanding the Conversion Process
20f4
tylerworks.
Final Data Extraction
The final data extraction will be performed on the day of or a day very close to the final
conversion. This extraction will be coordinated with Tyler Technology's conversion personnel and
implementation coordinator.
Data Extraction Assistance
In almost all instances the Client owns its data, but the current software provider's file descriptions
will be considered proprietary information. There will be scenarios where the software provider will
not provide file descriptions or will provide the descriptions for a fee. Any fees required by the
vendor are the responsibility of the Client and are not included in the contract. In many situations
the data will have proprietary fields with no easy solution for extraction. Tyler Technology's years
of experience with data conversions has lead to many innovative techniques for data extraction.
When the Client has exhausted their available options, Tyler Technologies can assist with the data
extraction for additional fees. The Client will have the responsibility of contacting their sales
representative for a quote for additional services. Upon receipt of a purchase order from the Client,
Tyler Technologies will proceed with this assistance.
Conversion Scheduling
Once Tyler Technologies has received the data from the Client a three stage evaluation process will
be implemented. Media will be evaluated as to its readability. Each data file transmitted will be
reviewed as to its format, file description, and estimated complexity. When these two stages have
been successfully completed, Tyler Technology's implementation coordinator will schedule with the
Client a time for the data conversion, conversion assistance, and training. The third stage of the
evaluation is more detailed and will follow in approximately 3 weeks. During this stage the data
will be evaluated for its completeness, validity, and mandatory fields needed in the conversion. If
problems arise during this process, Tyler Technologies will communicate to the Client the
problems. The Client will be responsible for resolving the problems in a timely a manner as
possible so that the schedule is not affected. If no problems arise then the Client can assume that
Tyler Technologies is on schedule.
Timing is an important element during a data conversion. Scheduiing of the conversion will revolve
around the most advantageous cutoff dates. For example, if a Client bills their utility customers at
the end of each month, the best time to do the conversion would be during the last two weeks of
the month. Financial conversions will be easier to validate if performed after a period has been
closed. All of these elements will be discussed by the implementation coordinator with the Client
during scheduling.
Conversion Program Development
After Tyler Technologies receives and validates the Client's data, the development of the
conversion program will begin. During the development process, questions about the Client's
current data or application may be raised, The Client is responsible for providing contact
information for staff member(s) that are capable of responding to questions for each module being
converted.
It is important for the Client to understand that Tyler Technologies has a minimal amount of
experience with the Client's current application. Questions raised by Tyler Technologies will be the
result of analyzing data. There are a significant number of times when the data being analyzed
does not correspond with the information that the Client views on the screen in their current
application. Providing staff members that have an in depth knowledge of the Client's current
application is a key element of a successful conversion.
Understanding the Conversion Process
30f4
tylerworks.
Part of the development process will be testing the program with the data provided in the first
extraction. This testing will take place at Tyler Technology's facilities. Any potential problem areas
will be communicated to the Client.
Conversion Assistance
As part of the contract, a Tyler Technology's trainer will be at the Client location during the actual
conversion. The trainer will provide conversion assistance in the areas of preliminary setup,
conversion program execution and data validation. Even though the primary focus of the trainer
is a successful completion of the conversion process, the trainer will be providing a limited amount
of training in certain areas. In a majority of cases, the trainer responsible for the conversion
assistance will also be responsible for the training that will occur either before or after the
conversion.
It is important to note that the trainer will not be the programmer responsible for the creating or
modifying conversion program. The trainer will be responsible for conveying to the programmer
discovery of Client specific information before the final conversion and any mistakes found after the
conversion. The Client will need to facilitate the trainer by providing a comfortable place to work,
access to facilities before and after normal work hours and telephone communications.
Data Validation
The final step in the conversion process is the data validation. Much attention will be given to data
integrity during the testing phase by the program developers. The conversion assistant will also
spend time testing the integrity of the information. Balances and the output of processes will be
tested after the conversion. A visual inspection of different modules will be performed by choosing
different records on a random base. But Data validation is ultimateiy the responsibility of the
Client.
Conclusion
After over 20 years and several hundred conversion experiences, Tyler Technologies has
determined that there are several key factors in a successful conversion. The Client needs to have
a realistic expectation of what is going to happen. The Client must understand that there are no
pleasant conversions; therefore a successful conversion is one that provides the least amount of
displacement and discomfort. More than likely, the Client will have to change their schedules and
prepare for a heavier work load during the conversion. The Client has to realize that the data on
the system being converted is exactly how the data will be on the new system. The conversion
process does not clean up or correct any information during the conversion process. The old adage
"garbage in, garbage out" is very relevant during the conversion process. One example would be a
general ledger conversion where the current system's ledger is out of balance. After the
conversion, the INCODE general ledger will be out of balance. Conversions maybe somewhat
mystical but the process is not magical. And finally, to have a successful conversion, there must be
a team approach by all those involved.
Understanding the Conversion Process
40f4
~lttiC:~I'YiCY1-t G
FINANCE
DEPARTMENT
THE CITY OF ASPEN
Memo
From:
Lisa Dawson
ity Attomey
d ,ViJJvv--V--
To:
Through:
Date:
Re:
Sole source designation for Tyler Technologies/lncode Division
Sales Tax, Lodging Tax and Business License software
The Finance Department is requesting a sole source designation from you regarding the attached
INCODE proposal for a Sales Tax, Lodging Tax, and Business License software system, We base our
request on the City of Aspen'll Municipal Code, 4.12,050, item 3: miscellaneous exemptions: a
particular supply or service is required in order to standardize or maintain standardization for the
purpose of reducing financial investment or simplifying administration.
Sales and Lodging tax software is rare and is only provided by a few companies, The number of
potential users of this type of software is limited; many of the iarger potential users have created their
own software, thereby further limiting the number of potential users of such commercially available
software,
Of the current providers of such software, Incode is the only provider with Colorado municipal clients,
with proper set up for Colorado municipal peculiarities, and from whom software is readily available in a
form that meets the City of Aspen's needs with a minimum of modifications,
The CIty's current lax and licensing software was created by Eden Systems, is no longer maintained by
them. and they do not have any similar software available, The existing Eden software requires a
server which is cost prohibitive to retain and is also no longer maintained by I.S, Incode and Eden are
owned by the same parent company, Tyler Technologies. Eden recommends Incode as the best
solution for the City of Aspen, Part of the bid from Incode includes developing a standard interface to
ensure the timely and accurate transfer of information between Incode and Eden,
Due to the small number of potential providers of such software, competitive bidding would not likely be
comparable or meaningful.
. Page 1
IF!
~~~
/1/6/06
-'>__~_."_"'_'._...~~'__'__F.~____,___..".
.
Vile:.
Parks and Recreation
Department
Memorandum
To:
Thru:
Mayor and Council ( \
Jeff Woods, Manager of Parks and Recreation\ jI))
Stephen Ellsperman, Director of Parks and Opeh Space ~
From:
Date: 11/08/06
Re: Bear Sculpture
CC: Steve Barwick, City Manager
John Worcester, City Attorney
SUMMARY: A local property owner, Linden Nelson, has offered to donate a large sculpture formed in the
shape ofa bear and fabricated out of nails to the City of Aspen for placement on the Hyman Avenue Mall.
Mr. Nelson met with the City Council at an August council meeting and at that time the Council provided
direction to move forward with the appropriate steps to accept this donation and install the bear sculpture on
the Hyman Avenue Mall. These steps included working with the sculpture's owner to find a suitable
location and voting on an official resolution accepting the donation. These steps have been completed and
an official resolution is before the City Council on this action.
BACKGROUND: The bear sculpture, a popular attraction on the Hyman Avenue Mall, is privately owned
by Mr. Linden Nelson. In July of2006, Parks and Recreation staff contacted Mr. Nelson because the bear
sculpture, although popular, was a significant safety concern because of the sculpture's unstable nature and
large size. The sculpture had fallen on a few previous occasions and staff requested Mr. Nelson to move the
sculpture to a location on private property.
On August 14,2006, Mr. Nelson met with City Council and proposed donating the sculpture to the City of
Aspen for placement on the Hyman Avenue Mall. Council supported taking the sculpture as a donation and
installing it on the Mall. Parks and Recreation staff met with Nelson and a suitable location and installation
protocol for the bear was chosen. Staff removed the bear for safety concerns and is currently storing the
sculpture in a safe location. On November 7th, 2006, Nelson provided a letter of intent outlining his
donation proposal (Attachment A).
DISCUSSION: Upon approval 'ofthe resolution accepting the bear sculpture donation, staff is prepared to
install the sculpture in the agreed upon location this November.
FINANCIAL IMPLICATIONS: Proposed installation and mounting of the bear sculpture will require a
one time cost of funds in the amount of approximately $2,000. These funds will be utilized from existing
mall capital maintenance funding sources. No extensive future maintenance costs are anticipated
ALTERNATIVES: The alternative to accepting this donation ofa bear sculpture would be to not accept
and request that the sculpture be placed on private property in another location.
CITY MANAGER COMMENTS:
2
"....,~.."'._"_H_~.",._"..~'""______
LINDEN NELSON
2100 E. MAPLE ROAD, SUITE 200
BlRMINGHAM. MI 48009
November 7, 2006
The Honorable Mayor Helen Klanderml
Mayor of Aspen
City of Aspen
130 S, Galena Street
Aspen, Colorado 81611
Dea,' Mayor Klanderud:
I take great pleasure in donating to The City of Aspen my large nail sculpture of a bear having a
value of$SO,OOO,OO, I originally purchased this sculpture in the summer of200S at the Aspen Art Fair. I
make this donalion in the loving memory of my dear friend, David Helmelin, This bear has already
become a photo opp on the I-Iyman Avenue Mall for visitors. I reserve the right, at my expense, to attach
to the sculpture a small plaque in the memory of Mr. Hermelin. I derstand that the city will, at its
expense, place and maintain the bear on the Hyman Avenu a cross from the 419 East Hyman
entrance.
1175591DOC
RESOLUTION NO. ef(
(SERIES OF 2006)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ACCEPTING AS A GIFT A CERTAIN SCULPTURE OF A BEAR FABRICATED FROM
NAILS FROM LINDEN NELSON.
WHEREAS, Linden Nelson has expressed his desire to donate to the City of Aspen as a
gift a certain sculpture formed in the shape of a bear and fabricated out of nails; and
WHEREAS, said gift has been offered to the City of Aspen under certain conditions as
set forth herein; and
WHEREAS, the City Council accepts said gift in accordance with the conditions of the
gift as set forth below; and
WHEREAS, the City Council wishes to express its gratitude to the donor of said gift.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
That the City Council of the City of Aspen hereby gratefully accepts as a gift from
Linden Nelson a certain sculpture formed in the shape ofa bear and fabricated out of nails:
a. The sculpture map shall be relocated and displayed by the City of Aspen in the
H yman Avenue Mall in a location identified by the City.
b. Linden Nelson shall have the opportunity to add a plaque to the sculpture
indicating that it is intended to memorialize a Mr. Hermelin; provided, however, that the City
approves the size, location and language used on the plaque before it is located on, or near the
sculpture, which said approval shall not unreasonably be withheld.
Dated:
,2006.
Helen Kalin Klanderud, Mayor
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held , 2006.
JPW + saved: 11/8/2006-308-G: \john\ word\resos\gift-accept-nelson.doc
Kathryn S, Koch, City Clerk
VilA
MEMORANDUM
TO:
Mayor and City council
FROM:
Kathryn Koch, City Clerk
DATE:
November 7, 2006
RE:
Animal Shelter Board Appointment
December 12, 2005 (minutes attached) Council made initial appointments to the Animal
Shelter Advisory Board. Melinda Goldrich, one of the city appointments, moved out of
the city, and Council needs to appoint a replacement. Also attached is an application
from Gary Sherman for appointment to the Animal Shelter Advisory Board. This is the
only application we received.
If Council approves the consent calendar, Gary Sherman will be appointed to the Animal
Shelter Board.
Attachments
Cc: Marie Baker
. ...--_._.~-_. .._.._._~~
Ref!ular Meetinl!:
Aspen City Council
December 12. 2005
The Board appointments are Melinda Goldrich (2008), Michael Jones (2007); Bland
Nesbit (2009)(joint) and Carol Loewenstern (2009)(alternate).. All in favor, motion
carried.
Councilwoman Richards moved to adopt the consent calendar as amended; seconded by
Councilman Torre. The consent calendar is:
. Resolution #98, 2005 - East End Dial-a-Ride Shuttle Vehicle Purchase Agreement
. Resolution #99, 2005 - Parking Vehicle Replacement Contract
. Minutes - November 28, 2005
All in favor, motion carried.
RESOLUTION #97. 2005 - Swire Coca-Cola Contract
Councilwoman Richards said in some city functions, beverages have been provided by
local businesses. Councilwoman Richards asked if this contract will interfere with that.
Nancy Lesley, special events, told Council this contract could enhance that in that if not
all products are used at a special event, they can be pulled into another event.
Councilwoman Richards said the contract reads as if the city will not provide any other
corporation's product at any other city events. Ms. Lesley told Council she gave Coca-
Cola a list of city events that this contract will apply to.
Mayor Klanderud asked about section 1.2 and the wording where customers will not
allow any other party to sell or offer to sell any products other than those covered by this
contract. Mayor Klanderud said if someone rented the entire ARC, can they sell
whatever they want. John Worcester, city attorney, noted either party can cancel this
contract within 30 days so the contract can be terminated if it is not working as
envisioned. Councilman Johnson agreed the city is trying to encourage use of the ARC
and if an organization has another sponsor, they may not be able to display that banner,
advertising or product.
Mayor Klanderud asked what "personalized for customer labeled water" means.
Councilwoman Richards suggested this be continued so the questions can be answered or
the contract be stated more clearly. Councilwoman Richards asked whether fundraisers
tagged on to a city event would be prohibited from selling beverages. Councilwoman
Richards said she is also concerned about co-sponsoring events and having conflicting
sponsors. Councilwoman Richards said she is concemed about promoting bottled water
and the implications for recycling. Councilwoman Richards said she is also concemed
about Coca-Cola's processes buying up local water supplies and selling it back and the
privatization of water. Ms. Lesley told Council her department is working with
environmental health; they have chosen certain events in 2006 where they will do just
jugs of water, not bottled water.
5
I" 00 ",""
SHERMAN
9709207630
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CITY OF ASPEN
APPOINTMENT APPLICATION
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HOME PHONE ~~ fin ~~ WORK PHONE
CELL PHONE ('/0 E-MAIL r-1~t,r---......"'~-- r">''/ Lo....,
BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE:
+- Planning & Zoning Commission
+ Board of AcIjuabnent
Board of Examiners & Appeal
+** Historic Preservation Commission
Wheeler Board of Directors
Commercial Core & Lodging
+ Roaring Fork Transit Agency
+ Housing Authority
+ Liquor License Authority
Child Care Advisory Committee
+ Open SPlJce~so~ Bo,rd )..,
-+ A-sp-cA ,.I../lIMd :5ht..I+e,,-,();~'Z) k
.... HISTORIC PRESERVATION COMMr.NiON OR P & Z APPLICANTS, PLEASE ATTACH A
BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON:
1.) Aspen Area Community Plan. on which aspects you may agree or disagree
2.) Growth in Aspen and the Aspen Area
3.) Affordable Housing
+ CITY RESIDENCY REQUIREMENT IS 1 YEAR
EMPLOYMENT PREVIOUS lWO YEARS:
STREET ADDRESS PREVIOUS lWO YEARS:
{gf~~~ ?~ ~~I/~~
INVESTMENTS ANDlOR LANDHOLDINGS IN PITKIN COUNTY:
I desire th~ appolntment~r the following reasons: ..-r-
MEMORANDUM
VIII a.
TO:
Mayor Klanderud and Aspen City Council
THRU:
Chris Bendon, Community Development Director
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
312 W. Hyman Avenue- Landmark Designation, First Reading of Ordinance
#~, Series of2006. Second Reading scheduled for November 27,2006.
DATE:
November 13, 2006
SUMMARY: The subject property is a 6,000 square foot lot. It is developed with a Chalet style
home that was built in 1954 by Herman Birlauf and his daughter Genevieve.
312 W. Hyman Avenue was considered for landmark designation during the 2000 inventory
review. That process began with hearings before HPC, at which time the board determined that a
number of sites, including this one, did not have sufficient historic significance. Shortly after
that, pursuit of all designations were put aside while the City revamped the preservation
ordinance, therefore HPC's recommendations were not forwarded to City Council, and there was
never any final action taken. At Council's direction, staff began an on-going effort to work with
the owners of post-war properties of historical interest to see if additional landmarks could be
preserved cooperatively, however owner consent for designation was never required.
On August 30, 2006, staff informed HPC of our concern that 312 W. Hyman Avenue, the subject
of this review, was planned for demolition. HPC directed staff to initiate the landmark process,
an action which is within their purview. The Municipal Code does indicate that the property
owner should have received 6 months notice before the filing of a landmark application without
his consent, however, the code also states that failure to do so does not prohibit the application
from going forward. Given the apparent intent to demolish, delaying designation for six months
while the property remained unprotected was not advisable. Because of the process in motion
now, there is a temporary stay on any demolition permit for this site.
Following is an analysis of 312 W. Hyman Avenue's compliance with the criteria for listing on
the Aspen Inventory of Historic Landmark Sites and Structures. Historical records, photographs,
and other supporting documents are attached. Landmark designation requires a recommendation
from HPC, and a final determination by Council.
Staff finds that 312 W. Hyman Avenue meets the criteria for inclusion on the Aspen
Inventory of Historic Landmark Sites and structures. HPC will review the landmark
application at a public hearing on November 8, 2006, after the preparation of this memo.
Staffwill provide Council with the HPC recommendation at First Reading of the Ordinance.
APPLICANT: The City of Aspen is the applicant. The property is owned by Jordan (Jordie)
Gerberg. Mr. Gerberg is represented by Peter Thomas, attorney.
PARCEL ID: 2735-124-64-006.
I
~.. --~-_.,._,,,,
ADDRESS: 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen,
Colorado
ZONING: R-6, Medium Density Residential.
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 of the property located at 312 W. Hyman Avenue will be 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 ofthe 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: Construction of the house at 312 W, Hyman began in 1954 and was completed
in 1956, according to records of the City of Aspen Building Department, the Pitkin County
Assessor's Office and the original owner, Genevieve Leininger. Following is a history of how
the house came to be built, according to Ms. Leininger.
The 312 West Hvman Street StOry
by
Genevieve Birlauf Leininger
(Submitted by letter to the Aspen Community Development Department, October 2006.)
The house at 312 West Hyman was built by my father and me in 1956. The following is some
background on my father and our family and how the house came to be built.
Julius Herman Birlauf was born March 15, 1890 in the city of Basel, Switzerland which is
located on the Rhine River where the three countries of Switzerland, France and Germany meet.
The house that he was born in was built in about 1325 A.D,
In 1912 my father decided he would go to America and join his relatives in Fort Wayne, Indiana.
Meanwhile, my mother and her sister had made plans to leave their home in Babenbausen,
Bavaria, and join their brothers who were in Chicago, Illinois. Both my father and mother sailed
on the SS Pennsylvania from Hamburg, Germany, and arrived in New York on July 1st. They
met during the voyage and, although they parted, each to their destination in the States, they kept
2
in touch and eventually married in Ft. Wayne, Indiana - and it's there that I was born. This was
one shipboard romance that turned out just fine!
It was about this time that my father learned to be a tool-and-die maker. He became sick, at one
point, and was advised by his doctor to give up this line of work; (it was thought that the metal
filings were damaging his lungs). He was advised by his doctor to move to Colorado where the
air and climate, in general, would be better for his health. My mother's brothers, by this time,
were in Estes Park, so my younger brother and I were settled with our parents near our uncles.
Since my uncles worked as waiters in the Lodge, and, since there was no need for tool-and-die
makers in Estes Park, my father applied for a position at the same lodge. When he told the
interviewer that he was Swiss, it was assumed that he must be a cook, so, they gave him a big
chefs knife and put him to work cutting up the chickens. (Anyway this is the way the story was
told to us.) Since the work was seasonal, and jobs were scarce, my father and the rest of us
(including my mother's brothers) eventually moved back to Chicago.
My father had natural-born talent for anything mechanical or for anything that could be made
with his own two hands. He was also an expert photographer who developed and processed all
his own photographs. My brother and I, by age 12, were in the darkroom learning to process and
print our own photographs 1. During his stints at various upscale hotels and restaurants in and
around Chicago (initially as a waiter, and then maitre 'd), he built (including the cabinets) 8-tube
heterodynes and l6-tube superheterodynes (powerful, top-of-the-line types of radios, at the time)
which he sold to well-to-do residents living along Lake Michigan, north of Chicago.
In 1937, on the 25th anniversary of my parents' arrival in this country they, my brother and I,
went to Europe to visit grandparents and other family members. At a stop in Ottobeuren, in
south Bavaria were relatives who had three daughters. Of course, the girls wanted me to stay,
and I wanted to stay. My parents (thinking I would get bored very soon) made me promise that I
would stay at least six months. I kept that promise, and, in fact, I stayed and returned in 1940
after having lived in the Black Forest, Basel, ZUrich and Paris. Only WWlI convinced me it was
time to leave - that and the fact that the last passenger ship to leave Europe for the U.S. was
leaving on February 14, 1940, from Genoa, Italy.
After a short stint as a a member of the aerial photography branch of the U.S. Air Force at Canute
Field in Champaign-Urbana, Illiniois, during the beginning ofWWlI, my brother, Hermi, signed
up for Officers Training School in Denver, My parents, wanting to be near him, sold their house
in Wilmette, Illinois, and settled in Evergreen, Colorado. Well, as happened to others, he was
moved around quite a bit and was finally shipped to the Pacific theater of action. But my parents
did not leave Evergreen.
Meanwhile, after the war, I went to work for the government with U.N.R.R.A. (United Nations
Relief and Rehabilitation Administration) and sailed to Germany, again, in 1945. While over
there, I eventually ended up working for the OMGB (Office of Military Government for
Bavaria).
1 My brother, Hermi, in fact, went on to become a professional photographer and, after the war, until his death in
1986, he and his partner had a commercial photo studio in Denver, Colorado, which was the largest of it's kind
between Chicago and San Francisco.
3
After having read an article about Aspen in Time magazine, in the summer of 1947, while on
leave, I traveled to Aspen and bought the west Hyman lot from a Jim (can't rernember his last
name) who was one of those people who bought up lots at that time just by paying the back taxes
due. I paid $500 for my lot, and, when I went back to my job in Bavaria, I tried to convince all
my ski-loving friends to buy in Aspen. Apparently, none of them saw it as a place to live or even
to invest in. I was vindicated however when, later on, and it was too late, they admitted that I
had been the smart one.
Even my parents didn't think I was too smart. When my father first saw Aspen he was definitely
not impressed. We walked into the lobby of the Hotel Jerome for a look-around. Hanging down
from the ceiling on a very long cord was a bare light bulb above the reception desk. That was
all the light there was. The only place to eat was the White Kitchen or the Red Onion. I
remember my father saying he wouldn't want to be "caught dead in such a place." Well, all that
changed by the time I came home from Germany in 1954.
After my return to the U.S., I came to Colorado and settled in with my parents in Evergreen.
Some time later, I started working through Manpower as temporary office help. It was great for
me because I could work a week, then take a week off for skiing in Aspen, then go back and
renew the procedure. It worked out fine for me and, for a while, I became what was known as a
Hski bum."
Then, one day while I was pausing on the ski slope, a tall body whizzed by me and with that
shape, all in black, I knew it had to be Pat (Costello) Moore. I caught up with her and we got
reacquainted. We had met in Munich where we both worked in Military Government for
Bavaria (General George Patton's 3rd Army Headquarters.) She told me that Sara and Army
Armstrong (whom we both knew from Germany) had a restaurant called the Copper Kettle on
West Hopkins Street in a little Victorian house; (at the time, they could seat about 20 people (if
that many) downstairs and maybe 12 or 15 upstairs). And that's the way the Copper Kettle got
started. Pat told me to bring my dirndl (a dress and apron native to Bavaria) and she would put
me to work with her - waitressing.
During my travels to Europe before the after the war, I had been inspired by the chalet-style
houses I had seen during my travels in Bavaria, the Black Forest in Germany, in Austria (the
Tyrol), in northern Italy and Switzerland. Each had its own style depending upon in which
country or state it was built in.
With regard to the west Hyman lot, I had thought, initially, about building, a small Bavarian-
style hotel for skiers. I don't remember when I dropped that idea in favor of a single house. In
any event, my father and I began building my house in the chalet-style in the summer of 1954.
This worked out just fine for me because the Copper Kettle was open only for dinner. I could
report for duty as "salad preparer" in the afternoon and could work on the house with my father
in the mornings and on Mondays when the Kettle was closed. We got a lot done on the house
that first summer.
There were no architectural drawings for the house. Once we had the foundation poured, we just
"put it together" as it came along. I knew what I wanted and that's what we accomplished. We
built to fit the space (as it were). Whatever creative work I did I could not have done without my
father and what he taught me. I think we were a good team. Needless to say, after having done
extensive remodeling on our house in Wilmette, Illinois, and the house in Evergreen (as well as
4
building a small chalet), by himself, there wasn't anything my father couldn't accomplish
building-wise. After he completed all the plumbing and electrical work, the house was finished
in 1956.
Having met my husband during the previous ski season, we married on Christmas Eve, 1956, and
moved to Cambridge, Massachusetts, where he had been attending the Harvard Law School.
My parents had moved into the Aspen house in 1955 as soon as there was a viable roof on the
first floor. After the house was completed, they moved upstairs and the downstairs apartment
was rented out, over the years, to various renters, some of whom are still living in Aspen
(including Gerhard Mayritsch and his wife Elsbeth who rented the downstairs apartment when
they first came to Aspen).
From that point on, as residents of Aspen, my parents became an integral part of the community
of "old-timers" (those who had come to Aspen just after the war) and came to be known, around
town, as "Ma and Pa B." Since my father had retired, at this point, he did odd jobs around town
for people such as Pat Moore and others who required his carpentry and mechanical talents.
One of the things my mother became known for was her Gugelhupft (a German coffee-cake
baked in a Bundt pan). Since she had asked the workers at the post office to save new blocks of
stamps for her (which she would send to me for my collection), she would bake two Gugelhupft
every week. one for her and my father and one of which she would take down to the post office
for the personnel, there, as thanks. Needless to say, she never had many problems with her mail.
Friends I had known during my government work in Germany as well as friends from back east
would always come around as much as for mother's cooking as for my father's advice on
anything that they were doing or having done with regard to carpentry or building work. Such
people included: Sarah and Army Armstrong (who started the Copper Kettle), Gerhard Mayritsch
(who, with his business-partner, Helmut, started the Wienerstube), Pat Moore, of course, (who
had her gallery downtown), Michael Behrendt (who bought and ran the St. Moritz Lodge for a
long time), Kurt and Lottie Bresnitz (who owned a jewelry store downtown for many years), and
Walter and Herta Mueller, who they knew from Chicago, many years ago, when Walter first
came to America.
Father was also an avid fisherman, and, whenever we would come out to visit during summer
vacations, we were always taking trips out to Maroon and Castle Creek to fish for trout. He kept
a worm-farm in an old metal cooler on the ground at the back of the house from which we always
dutifully filled up our bait-holders. There was nothing quite like fresh trout cooked in butter with
a little lemon squeezed on top to make it all worth while.
In December of 1972, my mother, while taking a walk, slipped on the ice, fell and broke her hip.
Her hip had to be replaced, and, with the need for extensive rehabilitation, I moved my parents
from Aspen to our house in Stanford, California. This, unfortunately, ended their residence of 17
years in Aspen. We lost my father in August of 1974 (at the age of 84), and my mother in 1979
(at the age of 87), Condolences were received from our friends in Aspen who fondly
remembered them for their many years there. In 1980, I returned to Aspen and hired a small
plane from which I spread some of their ashes over Aspen mountain.
Staff finds that this story, and its connection to the Aspen Community Development
Department's paper on the history of Chalet architecture in Aspen (attached), qualifies the
5
property for historic designation under criterion A; relationship to an event, pattern, or
trend that has made a significant contribution to local, state, regional or national history.
Genevieve Birlauf Leininger was drawn to Aspen because of the international buzz that was
being generated as early as the late 1940's. She came for the skiing and found a community that
was highly influenced by European, particularly the Germanic culture that was familiar to her
family. Ms. Leininger has reported that she was well aware of the other Chalet style buildings
that were going up in Aspen at the time her house was built, which would have included The
Prospector Lodge, Norway Lodge, Skiers Chalet, Holland House, Guido's, and other private
homes.
The Prospector Lodge, built in 1947
Guido's Swiss Inn, built in
1951
Along with constructing a Chalet style home in Aspen, Ms.
Leininger participated in the culture of the time by waitressing at
the Cooper Kettle, where the staff wore traditional German
clothing. This expression of Aspen as an international resort with
a European flavor was also present at Guido's Restaurant, and
continues today at TheWienerstube, which opened in 1965. The
Birlauf family had many local friends who had immigrated from
Europe, and while living in Aspen they continued to celebrate
their heritage as seen below.
Waitress at Guido's
Birlaufwedding anniversary, 1966
6
Although compliance with landmark criteria A, as noted above, is enough to qualify the
property for designation, 312 W. Hyman also meets criterion C, in that it represents 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. The Birlauf home was
built right at the foot of the ski slope, with the gateway onto the mountain at the time being
blocks away, at the top of Aspen Street. It was built on an angle to face the mountain. Historic
pictures of the surrounding neighborhood show a pattern of Chalet structures being integrated
into the Victorian fabric. Approximately two years after 312 W. Hyman was completed, the St.
Moritz Lodge was built next door. This style of architecture exemplifies the social and
architectural history of Aspen as it began developing as a ski resort.
Historic view from 312 W. Hyman
property towards Aspen Mountain
View from deck (before railings were built), of
Chalet and Victorian buildings in neighborhood.
312 W. Hyman was truly "hand-built" in a way that no longer happens today. All woodwork
was created on site and power tools would have been extremely limited. Ms. Leininger reports
that the building materials for the cinderblock and stucco ground floor were new, but the
materials for the second story were purchased from a salvager in town who demolished older
buildings and sold the wood. The Birlaufs received a City building permit, but did not draw
plans, instead working from a common vision they had for a mountain home.
The fireplace inside the home was built by current Aspen resident Sepp Kessler, an Austrian born
ski instructor and mountain guide who moved to Aspen after World War II. At the time he
referred to the building as "a real schrnuckkastchen," which means jewel box.
Genevieve Birlauf describes her father as a wonderful craftsman who could do it all. He was 22
when he came to US and had no prior building experience, but did have carpentry experience
including clock-making in Switzerland. There was an obvious pride in the workmanship of this
house. The current owner once showed HPC staff a matchbook left on the site that was signed
by Herman Birlauf, noting his birthplace of Basel, Switzerland. Ms. Birlauf has indicated that
there is a note in the cornerstone of the foundation that says "This house was hand-built by Julius
Herman Birlauf." The family had first hand knowledge of authentic Chalet buildings, and had the
technical ability to construct such a home.
Attached to this memo is a paper authored by the Community Development, providing some of
the history of chalet architecture in Aspen. Community Development's chalet architecture
research paper states:
7
To be eligible for historic designation, a chalet style building in Aspen should exhibit the
following distinctive characteristics:
. A large singular roof form, generally low in slope, with the ridge running along the short
dimension of the structure. This roof usually covers the entire structure without interruption.
The eave of the roof usually comes down to a low plate height at the upper level of the
structure. In some residential structures, the upper level only exists under the roof structure
with no side walls.
. Deep overhangs with the structure of the roof expressed on the underside, eaves and rakes
decorated with cutouts and fretwork bargeboards. The peak is generally highlighted by a
larger decorative element hanging downward.
. The footprint of the building is usually rectangular with few deviations from that
geometry as the structures go up.
. Continuous porches running the circumference of the structure, or at least the length of
the primary side.
. Decorative elements, usually two dimensional, such as balustrades of vertical boards
spaced apart having cutouts providing both a positive and negative shape. Shapes are
generally hearts, edelweiss, snowflakes, or other decorative themes from nature.
. The structures usually sit on a white stucco base, up to the second floor. This base may
have vertical or battered walls. Openings in this area are generally minimal, with wood
lintels.
. Above the stucco base, vertical siding extends to the roof line. The edge of the siding
against the stucco base is usually decorative as well. Vertically staggering the siding creates
a scalloped edge. At times, the floor structure extends through the wall with decorative ends
engaging the stucco.
. Windows are generally horizontally proportioned and are used sparingly. They are
sliders or casements, with a center mullion. Shutters and flower boxes are used to decorate
the window openings. These elements have similar detailing to the balustrades.
. Colors are restricted to the white of the stucco base, the dark brown of the wood walls,
eaves, balustrades, etc. Bright colors are used sparingly to accent the eaves and balustrades
and other decorative elements. Murals and painted decorative details are sometimes found on
the stucco surface.
Staff finds that these architectural characteristics are present at 312 W. Hyman. In addition, the
building was built during the "period of historic significance" (a term used to define the time
span during which the style gained architectural, historical, or geographical importance,) which,
through research of other similar buildings, has been established locally as approximately 1946
to the mid 1960's. Although this style was at one time more common in Aspen, there are only
approximately 12 buildings left in town that might be considered important within the Chalet
style. They include residences, lodges and commercial structures. Only two have landmark
protection in place.
312 W. Hyman meets two ofthe three designation criteria, which leaves the question of integrity
to be evaluated. Integrity can be measured through the scoring system that HPC has developed.
312 W. Hyman is well preserved in overall form and design intent. Some trim elements have
been removed. Staff's integrity assessment is that the property warrants 89 out of 100 points,
which is above the 75 point minimum requirement. This building has a high degree of
8
architectural integrity and is one of the best remaining examples of Aspen's Chalet history, in
staff's opinion.
The groundwork for recognizing examples of Aspen's rich post-war history has been laid for
many years, at least as early as the designation of Lift 1 in 1974. The 1986 Aspen Area
Comprehensive Plan stated the designation of significant modem buildings as a priority. The
existing HPC design guidelines, written in 2000, include a number of modem styles, such as
Chalet, as architectural styles of significance to Aspen. There is no reason to believe that the
Victorian era is the only part of our history that produced buildings worth saving.
Staff supports landmark designation for this property finding that the review criteria are met.
HPC's recommendation will be forwarded. Council may approve or disapprove of the landmark
request, or a continuance for additional information necessary to make a decision. Council may
choose to accept the integrity analysis provided by staff or formulate its own rating for the
property.
RECOMMENDATION: Council support for First Reading of Ordinance #.!:f:5 Series of 2006,
landmark designation of 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of
Aspen, Colorado, is recommended.
RECOMMENDED MOTION: "I move to approve Ordinance iI-/S, Series of 2006, on First
Reading."
CITY MANAGER COMMENTS:
Ordinance #12, Series of2006
A. Photographs of312 W. Hyman Avenue taken in September 2006.
B. Photographs of3l2 W. Hyman Avenue from the 1950's and 1960's.
C. Time Magazine article from 1947; the inspiration for Genevieve Birlauf's arrival in Aspen.
D. Original building permit for 312 W. Hyman,
E. Property survey.
F. Aspen's 20th Century Architecture: Chalet Style- a paper written by the Community
Development Department.
G. Architectural Inventory Form, 312 W. Hyman Avenue- completed by the Community
Development Department.
H. Integrity Assessment, 312 W. Hyman Avenue- completed by the Community Development
Department.
9
ORDINANCE NO.t6
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
DESIGNATION OF THE PROPERTY LOCATED AT 312 WEST HYMAN
AVENUE, LOTS P AND Q, BLOCK 46, CITY AND TOWNSITE OF ASPEN,
COLORADO TO THE ASPEN INVENTORY OF HISTORIC LANDMARK
SITES AND STRUCTURES
Parcel ID #: 2735-124-64-006
WHEREAS, the applicant, the City of Aspen, pursuant to Section 26.4l5.030.C, has
initiated Historic Landmark review to add the property located at 312 W. Hyman Avenue,
Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the Aspen Inventory of
Historic Landmark Sites and Structures. The property is owned by Jordan Gerberg; and
WHEREAS, 312 W. Hyman Avenue was previously nominated by the City for inclusion
on the Aspen Inventory of Historic Sites and Structures in 2000, but the designation
process was never concluded and City Council, who has the final determination on this
issue, neither approved nor denied the designation; and
WHEREAS, the City has completed all necessary public hearing requirements as of
October 22, 2006 for this application and the owner has been provided proper notice of
all hearing dates; 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 City Council, after a
recommendation from HPC, determines sufficient evidence exists that the property meets
the criteria; and
WHEREAS, Amy Guthrie, in her HPC staff report dated November 8, 2006, performed
an analysis of the application based on the standards, found that the review standards had
been met, and recommended approval; and
WHEREAS, at their regular meeting on November 8, 2006, the Historic Preservation
Commission considered the application, found the application was consistent with the
review standards and recommended approval of the application by a vote of _ to_; and
WHEREAS, Amy Guthrie, in her City Council staff report dated November 13, 2006,
performed an analysis of the application based on the standards, found that the review
standards had been met, and recommended approval; and
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standards and that the addition of 312 West Hyman Avenue as a historic landmark to the
Aspen Inventory of Historic Landmark Sites and Structures 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
The City Council finds that the application is complete and sufficient to afford review
and evaluation for approval; and
Section 2
The City Council does hereby approve designation of the property located at 312 W.
Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the
Aspen Inventory of Historic Landmark Sites and Structures.
Section 3:
312 W.Hyman Avenue will be released from the temporary stay of demolition for
properties under consideration for Designation to the Aspen Inventory of Historic Sites and
Structures after the effective date of this Ordinance, thirty (30) days following final passage.
Section 4:
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 construed and concluded under such
prior ordinances.
Section 5:
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 6:
A public hearing on the ordinance will be held on the 271n day of November, 2006, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the Bin day of November, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 27th day of November, 2006.
Helen Kalin KIanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
TIME,com Print Page: TIME Magazine -- Ghost on Skis
Page I of2
TIME
FROM THE MAGAZINE
Monday, Jan, 20, 1947
Ghost on Skis
Just before it became a ghost in 1894, .the crowded, rough mining town of
Aspen, Colo, had a last burst of excitement. From Smuggler Mine on a
nearby sJope, prospectors took out a nugget of almost pure silver weighing
2,060 pounds.
Last week, after years of deathlike quiet, the boarded-up ghost town had
stirred in its creaking coffm-and emerged into a new life. In a three-day-
Tong ~plebro+;on ^sppn (nop I ,nm morked ;'0 "eh;"h as a ski;;ng ce-'p"
J..J, '-'~ ..<.....1 ,-<'-l. '-'..lJ.\j-' . ,-.lVVj '-L.l H..Jl uu.u. II UI......J..
Colorado's Governor Lee Knous gave Edith Robinson, daughter of Aspenjs
mayor, a push off to open the is,OOO-ft. ski tow, longest in the world (see
cut). With six 14,000-foot peaks near by, plenty of dry, powdery snow, and
multi-million-dollar backing, Aspen was out to become the top winter-sport
playground in the U,S.
The prospector who mined this lode was eupeptic Walter P. Paepcke
(pronounced pep key ), founder and board chairman of Container Corp. of
America. He fIrst saw Aspen about a year and a half ago, on a skiing
expedition from his Colorado dude ranch. The dilapidated houses, barns
and chicken coops-remains of a town that once had 16 hotels, an opera
house and three theaters-were depressing. But the breathtaking scenery
made Mr. Paepcke, a deep-breathing man of many ideas, take a deep
breath.
Before he went home to Chicago,
Paepcke bought one of the old houses, soon returned to buy or lease most
of the other buildings. He thought ofrebuilding the whole town. But the
more he looked at the buildings, the more their quaint, ghostly flavor got
him. Result: when he hired Designer Herbert Bayer as architect, Mr.
Paepcke (who is the principal backer of Chicago's arty Institute of Design)
gave orders that Aspen's once-Gay Nineties atmosphere was to be
preserved to the last piece of gingerbread.
Bayer, who bought an Aspen house himself and promptly settled in it,
followed orders. In refurbishing the Jerome Hotel, he kept the water-
powered elevator, run by ropes pulled by the passengers. While blonde &
beautiful Mrs. Paepcke hunted Victorian furniture in Chicago, dormitories,
h1-+...../I-.-."'1Tn'+;.......,'" ,..,,,.......I+~_~/_____~___I____~__.L_ ."-fA {)n-. r ^~A""""-. "'"
TIME. com Print Page: TIME Magazine -- Ghost on Skis
Page 2 of2
20 guest houses and a sundeck were built, the ski slopes were cleared, a
movie house, roller rink and art gallery were constructed, Paepcke imported
a chef from Switzerland, a wine expert from Chicago, Ski instructors,
plumbers and mechanics trooped in. Overnight, the moribund little town
became the liveliest spot in Colorado.
Keep in Balance. Paepcke invited such friends as United Air Lines's
William A. Patterson, Hilton Hotels' Connie Hilton, Palmer House
Manager Joseph Binns to invest in the project, up to $5,000. But most of
the bills, mo're than $1,000,000 so far, were paid by Paepcke. During the
fIrst week of business, the gross return on this investment was about $2,500
a day (hotel rates ran from $4 to $14 without meals). With 25 lakes and
1,000 miles of trout streams within a 20-mile radius, Aspen should do
equally well during the summer.
But Paepcke is not overly concerned about figures. He believes that
Americans are too extreme both at work and at play. At Aspen he would
like to create a symbol of balance. To do so he plans to promote industries
in Aspen that will make woodwork out of nati ve aspen, jewelry out of
native silver, clothes out of mountain sheep's wool, cheese from the milk of
local cattle. It will be no accident, however, if Paepcke, whose Container
Corp. does some $75,000,000 \vorth of business a year, also tu..rns ~A..spen
into a tidy profIt.
-Copyright@2006 Time Inc. All rights reserved.
Reproduction in whole or in part without permission is prohibited.
Privacy Policv
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ASPEN'S 20tb CENTURY ARCHITECTURE:
CHALET STYLE BUILDINGS
When the bottom fell out of the silver mining industry in 1893, Aspenites considered
resuscitating the economy by capitalizing on the town's inherent beauty in an effort to attract
tourists to the valley. However, it was not until almost 40 years later, at a time when skiing as a
recreational sport was beginning to take hold in the United States, that Aspen found its true
calling.
Tom Flynn, Billy Fiske, and Ted Ryan were among the first to acknowledge Aspen's
potential as a premier ski resort and were the principal investors in the Highland Bavarian Lodge,
a Chalet Style structure built in the Castle Creek Valley in 1936. The development of the
Highland Bavarian Lodge was the first attempt to emulate European resorts, a trend that would
continue for over thirty years (well into the 1960's) as the town tried to prove its legitimacy to
tourists, and compete with famous destinations such as St. Mortiz and Chamonix.
The idea of creating a ski area in the United States that mimicked the look and character
of European resorts was being discussed by another town at the time as well. Sun Valley, the
first destination ski resort in North America, was the brainchild of Averell Harriman, who sought
to imitate Swiss and Austrian villages. The Challenger Ski Lodge, built at Sun Valley in 1937,
was also modeled after the European Chalet Style. Architect Gilbert Stanley was asked to design
"something like a Tyrolean village."j Using the imagery of the Alps was considered by some to
be important to the success of the new resorts, in effect, subtly suggesting that America's slopes
could rival Europe's. Harriman was disappointed with Stanley's initial design, so he then asked
Hollywood art director Ernst Fegte to design a Tyrolean fayade. The resulting building was
painted to resemble a cluster of chalets, and was later used as the set for Claudette Colbert's
movie Swiss Ski Adventure.2
Highland Bavarian Lodge, built in 1936
The development of the Highland
Bavarian Lodge in Aspen was not unlike the
example in Sun Valley, albeit on a much
smaller scale, and without the Idaho resort's
immediate success. The earliest tourism
promotions for Aspen appealed to one's sense
of adventure and the ruggedness of the Rocky
Mountains-boasting of hunting, fishing and
seclusion. However, the Lodge's brochure,
penned by humorist Robert Benchley in 1936,
took on more international flair and stated,
"Aspen, Colorado is a place where you can
indulge in winter sports without having to get a
passport, wrestle with the Atlantic, stop in Paris
at the expense of your health, and come all the
j Wendolyn Spence Holland, Sun Valley: An Extraordinary Historv, 230,
2
Holland, 230,
I
way back again.") Benchley's brochure for the lodge went on to say '?,ou can have just as good
a time falling down there as you can on any of the European slopes." Benchley also assured
potential clients that the snow in America was as good as any place in Europe. The lodge itself
consisted of a dining room and living room heated by a big fireplace, and two double-decker
bunkrooms that could accommodate sixteen people.5 The building was nestled in a picturesque
setting and designed by architect Gordon Kauffman. Jimmy Bodrero, an artist from the Disney
Studios, created the decorative motif. (Involvement of individuals from the movie industry with
the design elements in both Sun Valley and Aspen suggested the importance, from the outset, of
creating a specific European-like mountain "scene" in these emerging ski towns.)
The effort to create a ski area around the Highland Bavarian drew to Aspen the first of
the European ski specialists who saw striking similarities in terrain to the Alps. Andre Roch, a
Swiss avalanche expert, and Dr. Gunther Langes, an Italian, were hired to spend a year exploring
the Aspen area to determine the best location for skiing. The Highland Bavarian Lodge investors
sought legitimacy for their project by consulting with the well known Europeans. Roch asserted
that the mountains immediately surrounding the town were insufficient, and he and Langes
eventually settled on the upper Castle Creek Valley, where the ghost town of Ashcroft is located,
and Mt. Hayden rises above the valley. Roch envisioned Ashcroft's transformation into a Swiss
village. Historian Anne Gilbert writes, "Andre Roch had found the perfect place to develop a ski
resort. He knew that the Americans in the 1930's were interested in skiing and they would pay
to ski at a resort reminiscent ofthe Alps.,,6
The personal records of Ted Ryan included a plan for a Swiss-style village, and series of
trams to shuttle skiers up to the top of the surrounding mountains. But the dream of the Swiss
village at Ashcroft died with the onset of World War II, and with the death of Billy Fiske, who
was killed in action. It was revived for a short time after the War- the vision changed to a new,
Hollywood inspired "Wild West" village- but plans were eventually scrapped altogether. The
focus of ski resort development in the Roaring Fork Valley shifted, instead, from Castle Creek to
Aspen Mountain, where the first "Boat Tow" had been built in 1937 (modeled after those used at
Kitzbubl, Austria), and where Roch had laid out Aspen's first ski run.
Europe's stylistic influence on America's destination resorts went beyond physical layout
and design of the buildings, however. Along with technical authorities such as Roch, American
resorts recruited top ski instructors from Europe in the 1930's and 1940's, which, given the
political turmoil of Europe, proved less than difficult. In fact, all of Sun Valley's first instructors
were Austrian, and wore Tyrolean uniforms.
th
Many of the same ski instructors later joined the 10 Mountain Division, an elite
mountaineering division of the United States Army, which led to their discovery of Aspen on
weekend leaves from the training base at Camp Hale (near Leadville). After the war, many
veterans returned to the area, among them Friedl Pfeifer, a talented and well-known skier from
)
Robert Benchley, "How to Aspen," 1936,
4
Benchley
5 Anne Gilbert, Re-creation Through Recreation: Aspen Skiing/rom 1870 to 1970, ]7,
6 Gilbert, 22.
2
St. Anton, Austria. Pfeifer had run the Tyrolean influenced ski school at Sun Valley prior to the
War, but moved to Aspen at the end of the War to help create a resort in the area that reminded
him most of home. In his memoirs, Nice Gain': My Life on Skis, Pfeifer recalls his first
impression of Aspen: "The mountain peaks looming over the town made me feel like I was
returning to St. Anton." 7
Elli's of Aspen
The Aspen Skiing Corporation, which
Pfeifer co-founded in 1946 with Walter Paepke,
differed fundamentally in its design philosophy
from Sun Valley, primarily due to the direction of
Chicago industrialist Walter Paepcke, and artist
Herbert Bayer, who was the architect of many of
the first Ski Company's first buildings. The
Bauhaus style favored by these men did not lend
itself to the design of chalets. Nevertheless,
Pfeifer's association with Aspen helped to give it
an international flair, which attracted a number of
Europeans to move here after the war.
Several of these individuals, including
Fred and Elli Iselin, opened small businesses in
town and applied the Chalet influences
reminiscent of their hometowns to their
buildings. Businesses such as Epicure, served
up European pastries. Elli's of Aspen sold fine
European ski clothing, located in a Victorian
building across from the Hotel Jerome for four
decades, and quickly established Aspen as a
sophisticated ski town. Elli' s fa9ade was
decorated with ski figures and edelweiss, again
reinforcing the Tyrolean influence in Aspen.
Similarly, according to a 1954 Aspen Times
article, The Little Nell Cafe, a modest log cabin
located slope side on Aspen Mountain, was
decorated with a coat of arms representing the
states of Switzerland.8 The owner, a Swiss
immigrant, was honoring his homeland with the
designs on the exterior fa9ade. Additionally, of course, lodges were the building type that
employed the Chalet style most commonly, and even residents who were not recently
immigrated from Europe incorporated the style into their properties.
The Prospector Lodge, 301 E. Hyman
Avenue, built in 1947,since demolished and
replaced
7 Friedl Pfeifer, My Life on Skis, II L
8Aspen Times, January 14,1954,4,
,
~
Comparisons to European ski resorts were also
evident in advertising. Sun Valley's brochures boasted of
Austrian ski instructors and appealed to elite visitors who
traveled both by train and plane. The Aspen Chamber of
Commerce's advertising throughout the 1950's and
1960's had this character as well. In a brochure
promoting lodging and accommodations, the Norway
Lodge notes "the intimacy and charm of an old world inn,
at Aspen's No. I chairlift."g In the same brochure the
Skiers Chalet and Steak House and Edelweiss also
emphasize their "chalet" accommodations. In a multi-
page pamphlet, entitled "Aspen, Wonderful Ski Town,"
created
by the
Chamber, there are several passages that
emphasize Aspen as an international resort
with a European flavor. "In fact," the
brochure states on the opening page, "Aspen
knows few rivals. No European resort today
can advertise a larger, more elaborate, more
luxurious ski village right at the foot of the
slopes."lo Several pages later, when
discussing Aspen's nightlife, the brochure
claims, "It has been said that Aspen's
reputation as a ski-and-fun town rivals, indeed
overshadows, that of the most celebrated
European ski resorts." II
The Norway Lodge, built in 1954
Skier's Chalet, 710 S. Aspen Street, built
in 1955
Perhaps "Aspen, Wonderful Ski Town" best summarized Aspen's
1950's international design character: "Modem Aspen is a study in
architectural contrasts, ranging from Swiss baroque to contemporary
American.,,12 Promoting Aspen's varied architectural styles further
emphasizes the importance and influence of the Chalet style in our
town's history. Unlike Vail (which created a later Hollywood "scene" as
a Tyrolean village) the early Western American ski resort towns like Sun
Valley and Aspen were an eclectic mix of Chalets, Rustic Style
buildings, and Victorian structures from the 19th and early 20th century
mining and ranching days. Fortunately for Aspen, Chalet Style
buildings from the post-War period still exist today. The lodges,
Mountain Chalet, built in 1958
g"Lodging and Accommodations" brochure, Written Material File: Tourism 1950s and 1960s, HeritageAspen
Archives,
IOAspen, Wonderful Ski Town, Pamphlet, Written Material File: Tourism 1950s and 1960s, HeritageAspen Archives.
11 Aspen, Wonderful Ski Town, 12
12Aspen, Wonderful Ski Town, 21
4
many of which still personify European warmth and hospitality, exemplify the social and
architectural history of the community as it began developing into an international ski resort.
Who knew that in 1936, the Highland Bavarian Lodge, the only structure built in Aspen
in the wake of the Silver Crash in 1893, would influence a design period in which an imported
style would take hold? Aspen's post-War Chalet Style
lodges included The Prospector (built in 1947, and
since demolished), the Norway Lodge (1954), Skier's
Chalet (1955), the Holland House (1956), and
Mountain Chalet (1958). Guido's Restaurant (1951)
was the best example of a downtown building in the
Chalet style, but unfortunately, was demolished before
the style could be recognized as an important part of
our heritage. Classic examples of the style built as
residences well into the 1960's, also still remain.
Eligibility Considerations
949 W Smuggler Street, built in
1946
There are specific physical features that a property must possess in order for it to reflect
the significance of the historic context. The characteristics of the Chalet Style, whose origins in
Europe date from the 1700's, include: moderately shallow roof pitches, horizontal design
elements, prominent wood balconies with cut-out railings, and decorative bargeboard trim.
Delicate painted details are sometimes found on the bargeboards, and on wall surfaces.
Sometimes the buildings will have applied half timbering. The best of Aspen's remaining
examples of this important style exemplify these classic features.
Cresta Haus, East Cooper Avenue, since
altered
Paint color also plays an important role
in this style. Typically, the body of the building
is dark brown, and trim is painted in a light
color, or the reverse; white walls with dark
stained or painted trim. Primary exterior
materials are stucco and wood.
To be eligible for historic designation, a
chalet style building in Aspen should exhibit the
following distinctive characteristics:
. A large singular roof form, generally low in
slope, with the ridge running along the short
dimension of the structure. This roof usually
covers the entire structure without interruption.
The eave of the roof usually comes down to a
low plate height at the upper level of the
5
structure. In some residential structures, the upper level only exists under the roof structure
with no side walls.
. Deep overhangs with the structure of the roof expressed on the underside, eaves and rakes
decorated with cutouts and fretwork bargeboards. The peak is generally higWighted by a
larger decorative element hanging downward.
. The footprint of the building is usually rectangular with few deviations from that geometry as
the structures go up.
. Continuous porches running the circumference of the structure, or at least the length of the
primary side.
. Decorative elements, usually two dimensional, such as balustrades of vertical boards spaced
apart having cutouts providing both a positive and negative shape. Shapes are generally
hearts, edelweiss, snowflakes, or other decorative themes from nature.
. The structures usually sit on a white stucco base, up to the second floor. This base may have
vertical or battered walls. Openings in this area are generally minimal, with wood lintels.
. Above the stucco base, vertical siding extends to the roof line. The edge of the siding against
the stucco base is usually decorative as well. Vertically staggering the siding creates a
scalloped edge. At times, the floor structure extends through the wall with decorative ends
engaging the stucco.
. Windows are generally horizontally proportioned and are used sparingly. They are sliders or
casements, with a center mullion. Shutters and flower boxes are used to decorate the window
openings. These elements have similar detailing to the balustrades.
. Colors are restricted to the white of the stucco base, the dark brown of the wood walls, eaves,
balustrades, etc. Bright colors are used sparingly to accent the eaves and balustrades and
other decorative elements. Murals and painted decorative details are sometimes found on the
stucco surface.
The period of historic significance for this style, which is a term used to define the time span
during which the style gained architectural, historical, or geographical importance, can be
defined as approximately 1946 to the mid 1960's. After that, the connection to the character-
defining features described seems to break down. The decoration is toned down considerably,
and the upper floors are not clad in wood siding. Similarly, the examples of chalet structures that
have been built recently, which are relatively few in number, employ a more eclectic
combination of details and architectural features inconsistent with the earlier examples discussed
in this paper.
6
Base of Aspen Mountain
~
Guido's Restaurant
7
Guido 's- Interior
Mountain Chalet
8
Liftl
BIBLIOGRAPHY
Aspen Times, January 14, 1954.
"Aspen, Wonderful Ski Town." Pamphlet. Written Material File: Tourism 1950s and 1960s,
HeritageAspen.
Benchley, Robert. "How to Aspen." Pamphlet. Written Material File: Skiing: Aspen, History,
HeritageAspen.
Gilbert, Anne M. Re-Creation Through Recreation: Aspen Skiing From 1870 to 1970.
1995. Aspen Historical Society, Aspen, Colorado.
Holland, Wendolyn Spence. Sun Valley: An Extraordinarv History. San Francisco: Palace Press
International, 1998.
"Lodging and Accommodations." Brochure, Written Material File: Tourism 1950s and 1960s,
HeritageAspen.
National Register of Historic Places, Multiple Property Documentation Form, Historic Resources
of Aspen (MRA) (amemdment), "Ski Development Resources of Aspen," Roxanne Eflin,
1989.
Pfeifer, Friedl and Morton Lund. Nice Goin': My Life on Skis. Missoula: Pictorial Histories
Publishing Inc., 1993.
9
OAHP14D3
Rev, 9/98
COLORADO CUL rURAL RESOURCE SURVEY
Official eligibility determination
(OAHP use only)
Date Initials
Determined Eligible- NR
Determined Not Eligible- NR
Determined Eligible- SR
Determined Not Eligible~ SR
Need Data
Contributes to eligible NR District
Noncontributing to eligible NR District
Architectural Inventory Form
(page 1 of 4)
I. IDENTIFICATION
1, Resource number:
2. Teinporary resource number:
3, County:
4, City:
5. Historic building name:
6, Current building name:
7. Buiiding address:
8, Owner name and address:
5PT959
312WHY
Pitkin
Asoen
312 West Hvman Ave. Asoen, Colorado 81611
Jordan V. Gerberc
PO Box 907 Lacuna Beach. CA 92652
II. Geographic Information
9. P.M. 6 Township 10 South
Range 84 West
NW '4 of SW
10, UTM reference
Zone- -L -L; -L --L --L- -L --L- -1LmE ....1....- -L -L ~ -L --L- -1LmN
'4 of SE '4 of SE
'4 of Section 7
11. USGS quad name: Asoen Quadrancle
Year: 1960. Photo Rev, 1987 Map scale: 7.5'~ 15'_ Attach photo copy of appropriate map section,
12. Lot(s): P & Q Block: 46
Addition: Year of Addition:
13. Boundary Description and Justification: Site is comprised of Lots P & Q: Block 46 of the City and
Townsite of Aspen. Assessors office Record Number: 2735-124-64-006
This descriotion was chosen as the most specific and customary description of the site,
Ill. Architectural Description
14. Building plan (footprint, shape): Rectancuiar
15. Dimensions in feet: Length x Width
16. Number of stories: Two StOry
17. Primary externai wall material(s) (enter no more than two): Wood Sidinc: Stucco
18. Roof configuration: (enter no more than one): Gable- Roof
19, Primary external roof material (enter no more than one): Svnthetic Roof
20. Special features (enter ail that apply):
Resource Number:
Temporary Resource Number:
5PT.959
312WHY
Architectural Inventory Form
(page 2 of 2)
21. General architectural description: A wood frame structure on a full stOry heiqht stucco base, The
structure is oriented at an anqle to the street. facinq qenerallv south. The ridqe of the structure runs the
lenoth of the rectanqle exposinq the qable end to the street. The stucco base has two qaraqe doors
centered on the facade, and an open deck above seryinq the second level. The entry door is centered
on the qable end with horizontal windows on either side of the door, The main door. on the second level
is accessed bv way of an exterior stair on the side of the buildinq, The stair and deck are surrounded bv
a semi-solid rail with cut outs creatinq a positive / neqative detail around the perimeter, the bottom edqe
of the deck has a cut-out decorative trim board overhanqinq the stucco wall below. The qable and eave
ends have a decorative scalloped fascia board with a dropped finial in the peak and at the bottom of the
rake boards. The stucco base has battered walls on the south face. which become vertical walls on the
sides. horizontal wood sidinq covers the maiority of the frame walls on the upper level with at field pf
vertical sidinq. with the typical decorative ends. in the shallow qable end. The perimeter of the structure
has simila'r horizontal window openinqs characteristic of this style. both in the stucco wall and the wood
frame wall on the west side a air of french doors o....ens to the Hard with side Ii hts.
22. Architectural style/building type: Modern Movements: Noveltv
23. Landscaping or special setting features: One laroe and one medium spruce bracket the bundina, other
siqnificant trees at the perimeter, lawn infills under the trees,
24. Associated buildings, features, or objects: none
IV. Architectural History
25. Date of Construction: Estimate
Actu al 1 954
Source of information: Aspen/Pitkin Community Development Department Files
26, Architect: Unknown
Source of information:
27. Builder/Contractor:
J, H, Birlauf of Basel Switzerland
Source of information: Aspen/Pitkin Community Development Department Files and note found on site
,
28. Original owner: Genevieve Birlauf
Source of information: Pitkin County Assessor
29. Construction history (include description and dates of major additions, alterations, or demolitions):
Garaae doors. other minor alterations dates unknown
30, Original location ~ Moved
Date of movers):
V, Historical Associations
31. Originai users): Domestic
32. Intermediate users):
33. Current users): Domestic
Resource Number:
Temporary Resource Number:
5PT,959
312WHY
Architectural Inventory Form
(page 3 of 3)
34. Site type(s):
Residential Neiohborhood
35, Historical background: This structure is reoresentative of Asoen's earlv develooment as a ski
resort. The 1932 Winter Olvmoics in Lake Placid, NY soarked an enthusiasm for skiino and Eurooean
stvle in the US. and skiers as well as lodoe owners came to Asoen and brouoht the characteristic
buildino stvle of the Tvrol to the area.
36, Sources of information: Asoen's Architectural Context. Post WWII. Dart of the 2000 Survey of
Historic Sites and Structures.
VI. Significance
37, Local landmark designation: Yes
Designating authority:
38. Applicable National Register Criteria:
No~
Date of designation:
A. Associated with events that have made a significant contribution to the broad pattern of our
history;
B. Associated with the lives of paisons s'ignificant in CUi past;
-X. C, Embodies the distinctive characteristics of a type, period, or method of construction, or
represents the work of a master, or that possess high artistic values, or represents a significant
and distinguishable entity whose components may lack individual distinction; or
D. Has yielded, or may be likely to yield, information important in history or prehistory,
Qualifies under Criteria Considerations A through G (see Manual)
Does not meet any of the above National Register criteria
39, Area(s) of significance: ArchitectllrB
40. Period of significance: Mid 1900's Skiino Develooment
41. Level of significance: National _ State _ Local L
42. Statement of significance: This structure is sionificant for its oosition in the context of Asoen's
develooment as an international skiino resort. It is indicative of the Eurooeans who came to oarticioate
in the develooment of the ski resort and brouoht this Eurooean s!vle with them, Durino this time man v
resorts were based on this stvie of bllildino and ultimatelv the soort and the architectural stvle
became synonymous.
43. Assessment of historic physical integrity related to significance: Structure is intact in form scaie and
oattern,
VII. National Register Eligibility Assessment
44. National Register eligibility field assessment:
Eligible _ Not Eligible X Need Data
Resource Number:
Temporary Resource Number:
5PT,959
312WHY
Architectural Inventory Form
(page 4 of 4)'
45. Is there National Register district potential? Yes _ No---X-
Discuss:
If there is Nationai Register district potential, is this building: Contributing
46. if the building is in existing National Register district, is it: Contributing_
Noncontributin9 _
Noncontributing _
VIII. Recording Information
47. Photograph numbers: R 15' F32 33 Negatives filed at: Asoen/Pitkin Communitv Develooment DeDI.
48. Report title: Citv of Asoen UDdate of Survev of Histonc Sites and Structures 2000
49. Date(s): 6/29/2000 50. Recorder(s): Suzannah Reid and Patrick Duffieid
51. Organization: Reid Architects
52, Address: 412 North Mill Street PO Box 1303 ASDen CO 81612
53. Phone number(s): 970 920 9225
NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and
photographs.
Colorado Historical Society - Office of Archaeology & Historic Preservation
1300 Broadway, Denver, CO 80203 (303) 866-3395
312 W. Hyman
-~/I ~
( ~
, 'f/. J.;. I
~
N
INTEGRITY ASSESSMENT- CHALET
Integrity is the ability of a property to convey its significance,
**** NOTE: THIS ASSESSMENT IS BASED ON THE STATE OF 312 WEST
HYMAN WHEN LANDMARK DESIGNATION WAS INITIATED****
. LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
5 - The structure is in its original location.
3 - The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
o -The structure has been moved to a location that is dissimilar to its original
site.
TOTAL POINTS (maximum of 5) = 5
. DESIGN Design is the combination of elements that create the form, plan,
.
space, structure, and style of a property,
BUILDING FORM
10 - The original plan form, based on authenticating documentation, is still
intact.
6 - The plan form has been altered, but the addition would meet the design
guidelines.
o - Alterations and/or additions to the building are such that the original form
of the structure is obscured.
Staff response: 10- The original plan form is entirely intact based on historic
photographs attained from the original owners,
ROOF FORM
10 -The original roof form is unaltered.
6 - Additions have been made that alter roof form that would meet the
current design guidelines.
o -Alterations to the roof have been made that obscure its original form.
Staff response: 10- The original roof form remains unaltered.
SCALE
5 - The original scale and proportions of the building are intact.
3 - The building has been expanded but the scale of the original portion is
intact and the addition would meet the design guidelines.
I
o - The scale of the building has been negatively affected by additions or
alterations.
Staff response: 5- The original scale and proportions of the building are unaltered.
DOORS AND WINDOWS
10- The original door and window pattern are intact.
8- Some of the doors and windows are new but the original openings are
intact.
4- More than 50% of the doors or windows have been added and/or the
original opening sizes have been altered.
0- Most of the original door and window openings have been altered.
Staff response: 7- Two door openings have been added to the ground level- one
replaced a window on the west elevation. The rest of the original windows and
doors openings appear to be intact.
EXTERIOR BALCONIES AND W ALKW A YS
5- The exterior balconies, walkways and their decorative form are intact.
3- The exterior balconies and walkways have been enclosed but maintain an
open character and some original materials.
1- The exterior balconies and walkways have been enclosed or most original
materials are gone.
0- Original exterior balconies and walkways are gone.
Staff response: 5- The exterior balconies and walkways are unaltered.
CHARACTER-DEFINING FEATURES
5- The form and features that define the Chalet style are intact.
3- There are minor alterations to the form and features that define the Chalet
style.
1- There have been maj or alterations to the form and features that define the
Chalet style.
Staff response: 5- The form and features that define the Chalet style are intact.
TOTAL POINTS (maximum of 45) = 42
. SETTING Setting is the physical environment of a historic property,
5- The physical surroundings are similar to that found when the structure was
originally constructed.
3- There are minor modifications to the physical surroundings.
0- The physical surroundings detract from the historic character of the building.
2
TOTAL POINTS (maximum of 5) = 3 The home remains in a residential
context, as originally constructed; however, like all of Aspen, the density of
the neighborhood has increased.
. MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property,
EXTERIOR SURF ACES
15- The original combination of exterior wall materials and the decorative trim
materials are intact
10- There have been minor changes to the original combination of exterior
wall materials and the decorative trim materials, but the changes have
been made in a manner that conforms with the design guidelines.
5- There have been major changes to the original combination of exterior
wall materials and the decorative trim materials.
0- All exterior materials have been removed or replaced.
Staff respouse: 13 - The original exterior wall materials (wood and stucco) and
the chalet detailing and trim (decorative bargeboard, balustrade, balconet) are
mainly intact beneath added wood pieces. The original shutters and window
boxes, currently missing, were on the residence when the application for
designation was initiated, and therefore, are included in the scoring.
DOORS AND WINDOWS
10-All or most of the original doors and windows units are intact.
5- Some of the original door and window units have been replaced but the
new units would meet the design guidelines.
0- Most of the original door and window units have been replaced with units
that would not meet design guidelines.
Staff respouse: 10- All of the original windows units appear to match the
historic photographs, but the front door was replaced.
TOT AL POINTS (maximum of 25) = 23
. WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
15- Original detailing and ornamentation is intact
10- There have been some alterations or loss of the original detailing and
alteration.
3
5-Some detailing is discernible such that it contributes to its understanding
its stylistic category
Staff response: 13- The original balustrade, balconet, and bargeboard details
remain obscured by added elements. The original shutters and windowboxes
were intact in September 2006, and are included in this assessment. The wooden
garage doors and the scalloped wood details remain prominent on the fa<;ade.
FINISHES & COLOR SCHEME
5- The finishes and color scheme that define the Chalet style are intact
3- There have been minor alterations to the finishes and color scheme that
define the Chalet style.
2- There have been substantial alterations to the finishes and color scheme
that define the Chalet style.
Staff response: 3- The white stucco and the green shutters remain consistent with
the original. Some detailing around the windows, roof ami porch elements have
been painted green and does not keep with the original ,color scheme. The
majority of the wood appears to have been painted brown; rather than keeping
with the original stain; but the same overall feel of the color scheme is still
realized.
,..-;
TOTAL POINTS (maximum of 20)= 16
MAXIMUM NUMBER OF POINTS= 100
MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS
TOTAL NUMBER SCORED FOR 312 WEST HYMAN IS 89 POINTS.
Note: Each area of the integrity analysis includes a description of the circumstances
that might be found and a point assignment. However the reviewer may choose
another number within the point range to more accurately reflect the specific
property.
4
MEMORANDUM
", " b
TO:
Mayor Klanderud and Aspen City Council
Amy Guthrie, Historic Preservation Office~ _ Il A
Joyce Allgaier, Deputy Community Develof~ Directo'r~
Sara Adams, Historic Preservation Planner~
THRU:
FROM:
RE:
The Hearthstone House, 134 East Hyman Avenue, Landmark Designation- First
Reading, Ordinance #lfl of 2006. Second Reading scheduled for November 27,
2006.
DATE:
November 13,2006
INTRODUCTION:
Aspen is an amalgamation of architecture from the mining days and its renaissance as a ski and
intellectual center in the mid twentieth century. There are numerous towns in Colorado that
preserve their mining heritage, but very few that are fortunate enough to have the diverse and
important architectural legacy of Aspen. Creating a sense of place depends largely on the built
environment, which communicates a visual account of Aspen's history. It is imperative to
Aspen's livability and desirability as a destination that we maintain our uniqueness, including the
contrast between mining cabins and the small surviving collection of noteworthy 1945 - 1975
architecture.
The Hearthstone House was designed by architect Robin Molny and built in 1961 with an
addition in 1963. The property owner recently indicated an interest in demolishing the existing
lodge to rebuild a timeshare lodge in its place, therefore staff referred to HPC, who held two
worksessions, June and July 2006, to discuss preservation options for the Hearthstone House.
HPC opened an application for designation of the property on July 27, 2006. The property is
subject to the moratorium, which prevents the submission of a Land Use application (designation
applications are exempt from the moratorium) or Building Permit application. Until the
moratorium ends, the owner cannot apply for any permit that increases FAR on the site. There is
also a demolition stay on the property while under consideration for designation, as per Section
26.415.080.c of the Land Use Code.
The HPC will make a recommendation to City Council on November 8, 2006. Staff finds that
the criteria for designation are met on multiple levels, and is recommending HPC rule in favor of
landmark status. This recommendation will be provided to Council at First Reading. Staff
recommends City Council adopt Ordinance Nd/1, Series of2006 upon First Reading.
ADDRESS: 134 East Hyman Ave, Lots, Q, R, and S, Block 68, City and Townsite of Aspen,
Colorado.
PARCEL ID: 2735-124-58-007.
APPLICANT: The City of Aspen is the applicant, 130 South Galena Street, Aspen, CO 81611.
The property owner, Crete Associates LP, is represented by Stan Clauson of Stan Clauson
Associates, Inc.
ZONING: Residential Multi-family with a Lodge Preservation Overlay, on an approximately
9,000 square foot lot.
DISCUSSION:
The Hearthstone House was built in I ~6 r with an addition in 1963', by Frank Lloyd Wright trained
architect Robin Molny (died in Aspen in 1997). Irma Prodinger and Gail Koch commissioned
Molny to design a lodge in the residential neighborhood that provided close access to skiing and
conveyed a quiet comforting retreat, which was undeniably successful, evident by the letters in
support of designation written by guests from around the country2
During the worksession on June 14,2006, the applicant pointed out that the Hearthstone does not
comply with the current Commercial Design Standards in its relationship to the street and its
parking area. The Commercial Design Standards did not exist at the time the Hearthstone was
built, and Staff finds that this does not diminish its architectural significance, but rather it enhances
the interpretation of its period of significance by illustrating architecture and urban design theories
of the time.
Staff finds that the combination of Wrightian design and European/Canadian influence represents a
fusion of architect Robin Molny, Canadian owner Gail Koch, and Austrian owner Irma Prodinger
evident throughout the entire Hearthstone property in both architecture and sentiment, which
accurately represents the culture of Aspen post World War II.
Architectural, cultural, and historic significance formulate the criteria for designation; therefore,
Staff does not find it pertinent to discuss the commercial viability of the lodge. Preservation
regulations are in place to protect the built environment and provide incentives to allow a
reasonable return on a property.
HISTORIC DESIGNATION
26.415.0308. 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 of the property located at 134 East Hyman Avenue will be 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
, The L-shaped building was the original intent of both Molny and owners, and was delayed for a few years until
Prodinger and Koch attained sufficient funds to complete the design. The building permits are part of Exhibit B.
2 See Exhibit E.
2
-""-,,.-..-
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: Staff finds that all of the above criteria are met in some aspect:
a. An event, pattern, or trend that has made a significant contribution to local, state,
regional or national history:
Architecturally the Hearthstone House exhibits a recognizable Wrightian style that swept
throughout the nation during the mid-twentieth century; and it actively contributes to the
presence of Wrightian-inspired architecture (through materiality and principles) in Aspen along
with designs by locals Charles Paterson and Fritz Benedict.
The few remaining structures of similar style during this time period (i.e. Design Workshop, 835
W. Main, and Boomerang lodge) promote residents and visitors to draw patterns throughout
town that visually represent the renaissance of Aspen as a town influenced by modern designs.
Staff does not argue that Hearthstone exemplifies textbook Wrightian architecture in town.
Restricting the analysis of a design profession like architecture to a uniform set of criteria that
qualify a building as contributing to a specific style fails to recognize the artistic freedom
architects like Molny exercised- as Wright expressed to Molny, "If you understand the
principles of my architecture, then your buildings need not look like mine."] Applying this idea
to preservation of Hearthstone: finding that a building is not important because it does not
replicate the exact teachings of a master architect is not an appropriate approach to preservation
philosophy in a small town like Aspen, which is defined in part by its creative environment
where architects, and other creative professionals, could experiment with modern philosophies
and the built environment in this specific context. It is exactly this creative adventure that
produced interesting architecture in Aspen-architecture that communicates both a sense of place
(the high country and extreme environment) and a higher level of design.
Molny used Wrightian design philosophy- for example: organic architecture (composing
buildings with space rather than mass and scale; and creating a harmony of architecture and
environment) and honesty of structural expression (there are structural brick columns throughout
the interior and exterior that pay homage to Wright's desire for honest structural expression.)- to
create an open floor plan and an exterior courtyard. Aspen was lucky to be home to many
intellectuals, including modernist architects, who were starting out in the field. Molny used his
3 See Exhibit E. Berger, Bruce. Robin Molnv and the Taliesen Fellowshio. 5.
3
foundation at Taliesen to draw upon the physical and intellectual environment of Aspen, and
create a building that is not a replica of Wright, but indicative of his own background, design,
experiences, and client. The roof form is horizontally oriented, but Molny brought the roof to the
ground rather than a cantilever- which in a way connects the architecture to the earth, a Wrightian
concept-and also creates a practical form for snow mitigation. Hearthstone indisputably conveys
a degree of Molny's Wrightian training;4 but Staff finds that it is how Molny interpreted his
Taliesen education in Aspen's cerebral and physical climate that perspicaciously represents,
through architecture and site design, local history.
Staff finds that criteria a is met.
b. People whose specific contributions to local, state, regional or national history is
deemed important and can be identified and documented,
Aspen was fortunate to attract a variety of highly trained architects who left a modem impression
throughout the town. Among the architectural crowd was Robin Molny who trained at Taliesen
under Frank Lloyd Wright for five years and in the 1950s was selected by Wright to supervise the
Greenberg Residence in Dousman, Wisconsin. Wright is quoted as describing Molny as a "poet"
saying "he'll be a good architect one day."s Subsequently, Molny moved to Aspen, worked for
Fritz Benedict, and opened his own architecture firm. The Aspen Athletic Club (720 East
Hyman, 1976), the Mason and Morse Building (514 East Hyman, heavily altered, 1971), and the
downtown pedestrian malls (1970s) were all designed by Molny. In 1995, Dick Carney,
Chairman of the Frank Lloyd Wright Foundation Board, wrote a letter of support for Molny
when he was presented with the Welton Anderson Preservation Honor Award by the HPC for
significant contribution to Aspen through the design of the Aspen pedestrian malls.6
Robin Molny's architectural contributions are locally significant in their representation and
communication of Aspen life in the 1960s and 1970s. As indicated through the careful site
planning of Hearthstone, Molny was sensitive to spatial relationships: he designed a sunken
courtyard for a quiet retreat and protection from the road; oriented the lodge toward the mountain
to get southern exposure and vistas; and designed the lodge to be, in the words of Frank Lloyd
Wright, "of the hill." His designs are timeless and continue their viability today, to borrow the
words of Molny, the Hearthstone is a "forever building.,,7 Staff finds that criteria b is fulfilled.
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 decmed important.
Post-war Aspen comprised a fusion of intellectuals, ski bums and immigrants. Hearthstone
House visually conveys this combination of European style and Wrightian-influenced
architecture through horizontality, roof forms, materials, site planning, and architectural details.
Staff finds that the design and history of the Hearthstone is absolutely indicative of Aspen during
the post-War era.
4 See "criteria e" for more thorough explanation.
S See Exhibit E, Berger, 3.
6 See Exhibit F for letter from Dick Carney.
7 Exhibit E. Berger, 7.
4
For the analysis of Hearthstone House, Staff extracted the following "Wrightian" criteria from a
paper written by the Community Development Department of Aspens to serve as reference:
"There are specific physical features that a property must
possess in order for it to reflect the significance of the
historic context. Aspen's examples of modernist
buildings should exhibit the following distinctive
characteristics if influenced bv Wrightian design
principles:"
. Low horizontal proportions, flat roofs or low pitched
hip roofs.
. Deep roof overhangs create broad shadow lines
across the fa~ade. Glazing is usually concentrated in
these areas.
. Horizontal emphasis on the composition of the wall
planes accentuates the floating effect of the roof form.
. Materials are usually natural and hand worked; such as rough sawn wood timbers and brick.
Brick is generally used as a base material, wall infill or in an anchoring fireplace element. Wood
structural systems tend more toward heavy timber or post and beam than typical stud framing.
. Glass is used as an infill material which expresses a void or a structural system; or it is used
to accentuate the surface of a wall through pattern or repetition.
. There is typically no trim which isolates the glazing from the wall plane. Window openings
are trimmed out to match adjacent structural members in a wood context. Brick openings tend to
be deeply set with no trim other than the brick return.
. Structures are related to the environment through battered foundation walls, cantilevered
floors and/or porches, clear areas of glazing which create visual connections to the outside and
the inside, and the effect of the roof plane hovering over the ground.
. Decoration comes out of the detailing of the primary materials and the construction
techniques. No applied decorative elements are used.
. Color is usually related to the natural colors of materials for the majority of the structure;
natural brick, dark stained wood, and white stucco. Accent colors are used minimally, and to
accentuate the horizontal lines of the structure.
The horizontality and materials of Hearthstone House are reminiscent of Molny's training at
Taliesin9 and a European influence in Aspen. The roof form does not appear to "float" above the
ground in typical Wrightian form, which possibly reflects Molny's sensitivity to the winter
climate and necessity to mitigate snow build-up. to Molny remained devoted to Wrightian
principles through the use of brick, rough sawn redwood, glass, a central fireplace, horizontal
8 The entire paper is included in Exhibit C.
9 Taliesen is one of Frank Lloyd Wright's training centers, where young architects apprenticed and learned Wrightian
philosophy.
10 Staff originally wrote that the roof form was influenced by Austrian owner Irma Prodinger; however, after
extensive conversations with Irma, concluded that it was in fact more of a functional element and did not relate to
Austrian gambrel roofs.
5
emphasis, and clean lines- the majority of which remain intact. Brick columns are evident on the
exterior and interior of the building. The L-shaped plan and sunken courtyard create a private
and relaxing environment clearly representative of Aspen's renaissance as a ski and vacation
resort.
Original redwood casement window frames, screens, doors, and rough sawn redwood panels
remain on the exterior and interior of the building. The fence surrounding the courtyard is
original, was constructed out of redwood and designed by Robin Molny. All of the elements
were custom built on site during construction. The brick found throughout the interior and
exterior of Hearthstone, with the exception of the new retaining wall along the parking area, was
reused from the old hospital at the base of Red Mountain. Extreme care and detail was put into
selecting materials to convey Molny's devotion to Wrightian style and the clients' desire for a
luxurious and comfortable environment.
Based on visual observations and a site visit with Irma Prodinger, the extant structure remains
largely intact and scored an integrity assessment of 91 out of a possible 100." The scoring is based
on the entire building including the addition, which was added during the "period of significance.
Materials and form clearly distinguish the Hearthstone House as an architectural product of
Aspen post-war. In addition to form, the rough-sawn redwood panels and recycled bricks from
the old hospital combine Wrightian philosophy with pieces of Aspen's history. The technical.
and aesthetic achievements of Molny and Wrightian design tenets are clearly represented in the
Hearthstone House, and Staff finds that criteria c is satisfied.
CONCLUSION: Staff finds that all three of the criteria for designation are met (the property
needs to relate to a minimum of one criteria for designation), and staff recommends Council
approve Hearthstone for designation. HPC's recommendation will be forwarded at first reading.
ST AFF RECOMMENDATION: Staff finds that the Hearthstone House meets the criteria for
designation as a local landmark, and recommends that City Council adopt Ordinance # If!:i,
Series of 2006, to add 134 East Hyman, Lots Q, R, S, Block 68, City and Townsite of Aspen
Colorado, to the Aspen Inventory of Historic Sites and Structures, upon first reading.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION: "I move to adopt Ordinance WJj Series of2005, upon first
reading."
11 See Exhibit G.
6
EXHIBITS:
Ordinance #
of2006.
A. Photographs of Hearthstone comparing historic vs. current images to illustrate the large
amount of intact integrity extant today and the Wrightian influence.
B. Architectural Drawings and Building Permits.
C. Aspen's 20th Century Architecture: modem Style- a paper written by the Community
Development Department of Aspen that includes Wrightian architecture.
D. Articles about Robin Molny and Hearthstone House.
E. Paper written by Bruce Berger, Robin Molnv and the Taliesen Fellowship.
F. Letter from Dick Carney of Taliesen.
G. Letters from the public.
H. Application.
1. Integrity Assessment.
J. Response letter and assessment from Hearthstone's representation, Stan Clauson and
Associates, Inc.
7
ORDINANCE NO.Lff
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
DESIGNATION Of THE PROPERTY LOCATED AT 134 EAST HYMAN
AVENUE, LOTS Q, R, AND S, BLOCK 68, CITY AND TOWNSITE OF ASPEN,
COLORADO TO THE ASPEN INVENTORY OF HISTORIC LANDMARK
SITES AND STRUCTURES
Parcel ID #: 2735-124-58-007.
WHEREAS, the applicant, the City of Aspen, pursuant to Section 26.415.030.C, has
initiated Historic Landmark review to add the property located at 134 E. Hyman Avenue,
Lots Q, R, and S, Block 68, City and Townsite of Aspen to the Aspen Inventory of
Historic Landmark Sites and Structures. The property is owned by Crete and Associates,
LP; and
WHEREAS, the City has completed all necessary public hearing requirements as of
October 28, 2006 for this application and the owner has been provided proper notice of
all hearing dates; 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 City Council, after a
recommendation from HPC, determines sufficient evidence exists that the property meets
the criteria; and
WHEREAS, Sara Adams, in her HPC staff report dated November 8, 2006, performed
an analysis of the application based on the standards, found that the review standards had
been met, and recommended approval; and
WHEREAS, at their regular meeting on November 8, 2006, the Historic Preservation
Commission considered the application, found the application was consistent with the
review standards and recommended approval of the application by a vote of _ to _; and
WHEREAS, Sara Adams, in her City Council staff report dated November 13, 2006,
performed an analysis of the application based on the standards, found that the review
standards had been met, and recommended approval; and
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standards and that the addition of 134 E. Hyman A venue as a historic landmark to the
Aspen Inventory of Historic Landmark Sites and Structures 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
The City Council finds that the application is complete and sufficient to afford review and
evaluation for approval; and
Section 2
The City Council does hereby approve designation of the property located at 134 E. Hyman
Avenue, Lots Q, R, and S, Block 68, City and Townsite of Aspen to the Aspen Inventory of
Historic Landmark Sites and Structures.
Section 3:
134 East Hyman Avenue will be released from the temporary stay of demolition for
properties under consideration for Designation to the Aspen Inventory of Historic Sites and
Structures after the effective date of this Ordinance, thirty (30) days following final passage.
Section 4:
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 construed and concluded under such
prior ordinances.
Section 5:
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 6:
A public hearing on the ordinance will be held on the 271h day of November, 2006, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 131h day of November, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 27th day of November, 2006.
Attest:
Helen Kalin Klanderud, Mayor
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Before addition: between 1961 and 1967
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July 19,2006: looking toward 1961 section
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July 19,2006
3
Before
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4
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July 19,2006
July 19,2006
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BUILDING DEPARTMENT
City of Aspen, Colorado
Date
8/6/63
BUILDING PERMIT /
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Extended to
This Permit expires 1 yt!l~r from
. date of issuance unless extended 'otherwise and
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Permission is hereby granted M".,,_ G"il 1('...,,1-1 ORA Rio"...t.hsto- &o.sel Boraee Hemrlcks
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APPLY FOR CERTIFICATES OF OCCUPANCY BEFORE OCCUPYING STRUCTURE:
CAll FOR INSPECTJONS AS REQUIRED:
For all work done under this permit the permittee accepts full responsibility for compliance with
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the Aspen Building Code
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ASPEN'S 20TH CENTURY ARCHITECTURE:
MODERNISM
The Modernist Movement
Modernism as a style of architecture describes the works that were produced
beginning in the 20th century as a result of a clear philosophical shift in design practices
and attitudes, and incredible changes in building technology. The roots of this style can
be attributed in great part to the Industrial Revolution, which led to dramatic social
changes, and an inclination to react against all that had come before. In addition there
was a new abundance of raw materials, including bricks, timber, and glass; and stronger
materials, particularly metals, which allowed structural innovations.
Initially, the modem technologies were employed in ways that reflected much of
the preference for decoration and organic design that had preceded the 20th century, for
instance in the Arts and Crafts Style of the 1920's and the influential designs of Frank
Lloyd Wright. As the century progressed, however, the demands of the automobile, and
the need for buildings to serve uses previously unknown, such as airports, led to the
search for a new architectural vocabulary. The streamlined and austere became more
relevant. "Functionalism" and "Rationalism" were terms used to describe architectural
philosophies related to this period. "Modem building codes had replaced rules of
thumb."J
"Architecture was seen primarily as volume and not mass. So the stress was on the
continuous, unmodulated wall surface- long ribbon windows without frames, cut right
into the wall plane, horizontally or vertically disposed; flush joints; flat roofs. Corners
were not made prominent. Technically, the argument went, materials like steel and
reinforced concrete had rendered conventional construction- and with it cornices, pitched
roofs, and emphatic corners-obsolete. There would be no applied ornament anywhere,
inside or out...A house was a machine made for living Le Corbusier provocatively
declared in 1923 in his Towards a New Architecture, which has proved the most
influential book on architecture in this (the 20th) century.,,2
Modernism in Aspen
The period between the Silver Crash in 1893 and the end of
World War II saw little new construction in Aspen. This changed
when interest began to grow in developing a major ski resort, and
when Walter Paepcke envisioned the town as the ideal setting for a
community of intellect, cultural institutions, and pristine natural
environment. As a result of this renaissance taking place, many
Walter Paevcke
I Robert Frankeberger, and James Garrison, "From Rustic Romanticism to Modernism, and Beyond:
Architectural Resources in the National Parks," Forum Journal. The Journal of the National Trust for
Historic Preservation Summer 2002, p. 16.
2 Spiro Kostof, A History of Architecture: Settings and Rituals, (New York:Oxford University Press, 1985),
p.701.
important architects were drawn to live and work here and left an imprint of the
philosophies of the modernist period on the town. The two masters who had the largest
influence on Aspen, Fritz Benedict and Herbert Bayer, are discussed at length in this
paper, along with a number of others who completed notable works here.
FRITZ BENEDICT
Frederic "Fritz" Benedict (b. 1914- Medford, Wisconsin,
d. 1995- Aspen, Colorado) was the first trained architect to arrive
in Aspen at the end of World War II. Benedict had earned a
Bachelor's Degree and Master's Degree in Landscape
Architecture at the University of Wisconsin before being invited
to Frank Lloyd Wright's school, Taliesen, in Spring Green,
Wisconsin in 1938. Initially, Benedict's role at Taliesen was as
head gardener, but his interest in Wright's philosophy of the
integration of architecture and landscape led him to study design
at both Taliesen and Taliesen West in Phoenix, Arizona for the
next three years.
Fritz Benedict
BenediCt, al1 avid skier, first visited Aspen as a participant in the National Skiing
Championships held here in 1941, apparently told of the charms of the town by Frank
Mechau, an artist whom he met at Taliesen and who resided in Redstone, Colorado. In
1942, Benedict was drafted to serve with the loth Mountain Division troops, an elite
group of skiers who trained at Camp Hale, north of Leadville, Colorado. On weekends,
the soldiers would often travel to Aspen for recreational skiing.
Benedict saw active duty in Italy and served with the 10th Mountain Division until
the end of the war in 1945. He returned to Aspen and purchased a ranch at the top of Red
Mountain, focusing on operating the property as his livelihood for some time. According
to Benedict, "The place (Aspen) was so dead and was starting to be a resort so slowly that
there wasn't much to do in the way of design."]
This situation changed for good after 1946, when noted artist Herbert Bayer
arrived in Aspen with Walter Paepcke, and the duo's plans for the town brought more
people and a new period of construction. Through Herbert Bayer, Fritz met his future
wife, Fabienne, the sister of Bayer's wife Joella. Fabi persuaded Fritz to quit ranching
and pursue architecture, which he did after being awarded a license under a grandfather
clause that allowed architects to be licensed based on experience, rather than on testing.
Benedict was known for setting buildings into the landscape in an unobtrusive and
harmonious way, clearly derived from his landscape architecture education and the
influence of Frank Lloyd Wright. He placed a high priority on creating an intimate
relationship between a house and its garden. Benedict was a pioneer of passive solar and
3 Adele Dusenbury, "When the Architect Arrived After the War," The Asoen Times July 31, 1975,
p. I-B.
earth shelter design. He experimented with car-free village design, sod roofed structures,
and solar buildings. His master work, the
Edmundson Waterfall house, which was
strongly related to Frank Lloyd Wright's
Fallingwater, exhibited many of these qualities
and all of the central characteristics of
Wrightian design, including a low pitched roof,
strong horizontal emphasis of the structure, and
the use of mitred windows at building comers.
The most important of Benedict's works may
best be defined by the examples that clearly
represent Wrightian ideas, or where innovation
was key. Waterfall House, on Castle Creek
Road, Pitkin County,1960
Benedict's earliest projects in Aspen were
residences. In collaboration with his brother-in-
law, Herbert Bayer, he also helped to design the
buildings of the Aspen Institute, the intellectual
center of Paepcke's facilities. Other known works
by Benedict include the cabin at 835 W. Main
Street (1947), the John P. Marquand studio on Lake
Avenue (1950, since demolished), the Copper
Kettle (1954, 845 Meadows Road), Bank of Aspen
(1956, 119 S. Mill Street), 625 and 615 Gillespie
Avenue (1957), the original Pitkin County Library
(1960, 120 E. Main Street), the Aspen Alps (1963,
777 Ute Avenue- the first luxury condominiums in
the Rocky Mountains), the Bidwell Building, (1965, 434 E. Cooper Avenue), Aspen
Square (1969, 617 E. Cooper Avenue), The Gant (1972, 610 S. West End Street), the
Benedict Building (1976, 1280 Ute Avenue), the Aspen Club Townhouses (1976, Crystal
Lake Road), and Pitkin County Bank (1978,534 E. Hyman Avenue) In total, Benedict
designed and renovated over 200 homes and buildings in Aspen and Snowmass.4
434 E. Cooper Avenue, 1965
835 W Main Street. 1947
The Copper Kettle, ]954
4 Mary Eshbaugh Hayes. Dedication plaque on "The Benedict Suite," Little Nell Hotel, Aspen, Colorado.
Benedict's works in Pitkin County, outside of Aspen's city limits, include two personal
residences, the Waterfall house (1960, since demolished), the Aspen Music School
campus, and the Aspen Highlands base lodge (since demolished). Benedict also did the
master plan for Snowmass (1967), Vail (1962) and Breckenridge (1971.)
Fritz Benedict was inducted into the College of Fellows of the American Institute
of Architects in 1985, by election of his peers. This is a lifetime honor bestowed on
registered architects who have made outstanding contributions to the profession, and only
5% of the profession receive this honor. The nomination submitted stated that "Frederic
'Fritz' Benedict left a legendary influence on design and construction in the Rocky
Mountain West.. . (creating) classics of the mountain vernacular."s He was given the
Greg Mace Award in 1987 for epitomizing the spirit of the Aspen community, was
inducted into the Aspen Hall of Fame in 1988 and the Colorado Ski Hall of Fame in
1995, and was given the "Welton Anderson" award for his contribution to Aspen's built
environment by the Aspen Historic Preservation Commission in 1993. In all cases
Benedict was recognized for being a pioneer of Aspen's rebirth as a resort community.
Many quotes from his memorial service in 1995 attest to the community's respect for his
role in Aspen's history. Bob Maynard, former president of the Aspen Skiing Company
stated "Aspen was fortunate fifty years ago to be wakened from her sleep by visionaries.
The trio of Benedict, Bayer, and Paepcke combined dreams and hope and reality uniquely
to restore a community ravaged by mining, trapped in poverty- yet willing to follow the
dreamers.,,6 Similarly, the Aspen Times stated at his death, "Along with the late Walter
and Elizabeth Paepcke and his Bauhaus trained brother-in-law Herbert Bayer, all of
whom came to Aspen with a rare vision in the traumatic wake of World War II, Benedict
was one of the fathers of modem Aspen, a man whose architecture not only helped shape
the city aesthetic, but whose personal commitment to the original dream of a special
'Aspen Ideal' made him the guarantor of the city's very souL"? Local resident and fellow
student of Taliesen, Charles Paterson stated, "Whatever he was building was one jump
ahead. ,,8
Aside from his architectural contributions, Benedict influenced the Aspen
environment in several other ways. Benedict and his wife donated more than 250 acres
ofland within Pitkin County for open space. He was the father of the 10th Mountain Hut
system (established in 1980), and served as the first chairman of Aspen's Planning and
Zoning Commission, developing height and density controls for the City, open space
preservation, a City parks system, a sign code, and a ban on billboards. He played a
significant role in the founding of the Aspen Institute, and the International Design
Conference. He served on the board of the Music Associates of Aspen for 35 years.
, Joanne Ditmer, The Denver Post, as reprinted in the program for the Fritz Benedict Memorial Service.
6 Robert A. Maynard, Remarks given at Fritz Benedict's Memorial Service.
7 Mary Eshbaugh Hayes, "Fritz Benedict, 1914-1995: The Passing ofa Local Legend," The Asoen Times
July 15 and 16, 1995, cover page. .
8 Charles Paterson, Remarks given at Fritz Benedict's Memorial Service.
HERBERT BAYER
Herbert Bayer (b. 1900- Austria, d. 1985- Santa Barbara, California) was an artist
of many disciplines. He apprenticed with architects in his native country Austria, and in
Germany, starting at the age of 18. In 1921 he entered the most reknowned art and
design school of the 20th century, the Bauhaus in Weimar, Germany.
The Bauhaus, which existed from 1919 to
1933, was begun in a spirit of social reform and
represented a rejection of many design ideas that
preceded it. "From skyscrapers to doorknobs,
modern design was born, really, at the Bauhaus. The
ideas of the Bauhaus shaped whole cities, changed
architecture, modified the nature of furniture design
and transformed the essential implements of daily
life." 9 Bayer was named the head of the typography
workshop at the Bauhaus in 1925 and was ultimately
one of three masters named by director Walter
Gropius, the other two masters being the gifted Josef
Albers and Marcel Breuer. In 1928, Bayer left the school and established his own studio
in Berlin, then becoming the art director for Vogue magazine.
Herbert Bayer
As Nazism gained strength in Germany, Bayer fled the country and immigrated to
New York City in 1938. There, he had his first show with the Museum of Modern Art,
and began to work as art director for corporations and ad agencies. By 1946, all of his
work was for Walter Paepcke at the Container Corporation of America and Robert O.
Anderson at the Atlantic Richfield Corporation, both of whom had an interest in Aspen
and the establishment of the Aspen Institute.
Walter Paepcke brought Herbert Bayer to Aspen in 1946 to serve as the design
consultant for the Institute, a role in which he served until 1976. Bayer was offered the
chance to design a planned environment, where the goal was total visual integration.
On April I, 1960, Bayer received a
license to practice architecture in Colorado,
without examination. He had no formal training
in the discipline, so he generally worked
in association with another firm, particularly
with Fritz Benedict. The Sundeck on Aspen
Mountain (1946, since demolished) was the first
of his designs that was ever built. At the
Institute, Bayer designed the Seminar Building
and it's sgraffito mural (1952, the first building
Guest Chalets (1954, since demolished and
The Sundeck. 1946
on the grounds), Aspen Meadows
9 Beth Dunlop, "Bauhaus' Influence Exceeds It's Life," The Denver Post April 20, 1986.
reconstructed), Central Building (1954), the
Health Center (1955), Grass Mound (1955,
which pre-dates the "earthwork" movement
in landscape design by 10 years and was one
of the first
environmental sculptures in the country), the
Marble Sculpture Garden (1955), Walter
Paepcke Memorial Building (1962), the
Institute for Theoretical Physics Building
(1962, since demolished), Concert Tent Aspen Institute Seminar Building, 1952
(1964, removed in 2000), and Anderson
Park (c. 1970.) Bayer also led the design for the
rehabilitation of the Wheeler Opera House
(1950-1960), designed two personal residences
on Red Mountain (1950 and 1959), and other
homes in Aspen, including those still in
existence at 240 Lake Avenue (1957) and 311
North Street (1963).
Aspen Meadows Health Center, 1955
The period during which most of
Bayer's architecture was designed is confined
to 1946-1965. Important characteristics of his
buildings were simplicity and the use of basic
geometrical shapes and pared down forms. He
was heavily influenced by Bauhaus and
The Marble SculJJture Garden. 1955 International Style principles. Color was an
important component to some of his work, and
he often used primary red, blue and yellow graphics.
Bayer paint scheme
Bayer believed in the concept of designing the total
human environment and that art should be incorporated into
all areas of life. He drew logos and posters for the Aspen
Skiing Company, and even designed signs for small Aspen
businesses. He provided the pairit color schemes for certain
Victorians that Paepcke's Aspen Company decided should
be saved in the 1940's. A strong blue color, known locally
as "Bayer Blue" was one of his selections and can still be
seen on the former Elli's building (101 S. Mill) and other
locations in town. His choice of a bright pink for Pioneer
Park (442 W. Bleeker) and a bold paint scheme that once
existed on the Hotel Jerome will also be remembered.
Bayer spent 28 years living in Aspen and was one of the first artists to make his
home here. A Rocky Mountain News article from 1955 stated "Even in competition with
millionaire tycoons, best-selling novelists, and top-ranking musicians, Herbert Bayer is
Aspen's most world-famous resident."lo During his years in Aspen, he resided at times at
234 W. Francis, a Victorian home in the West End, in an apartment in a downtown
commercial building, 501 E. Cooper Avenue, and in his home on Red Mountain. Bayer
moved to Santa Barbara for health reasons in 1975 and died there ten years later, the last
surviving Bauhaus master.
Notable among Bayer's many achievements include his credits in
typography. He designed the "universal" type font in 1925 and was
credited with "liberating typography and design in advertising and
creating the very look of advertising we take for granted today."ll Much
of modern print design reflects his ideas. He was the inventor of
photomontage. Bayer created the "World Geo-Graphic Atlas" in 1953,
which was described as one of the most beautiful books ever printed in
this country by the Atlantic Monthly and the greatest world atlas ever Poster. 1946
made in the United States by Publisher's Weekly.
Bayer created the famed "Great Ideas of Western Man" advertisement series for
the Container Corporation of America and had more than 50 one-man exhibitions of his
artistic works. His paintings are represented in the collections of at least 40 museums.
He spent six decades of his life working as a painter, photographer, typographer,
architect, sculptor, designer of graphics, exhibitions, and landscapes. His last work was
the 85 foot tall, yellow articulated wall sculpture at the Denver Design Center, which can
be viewed from 1-25, near Broadway in Denver.
Bayer founded the International Design Conference in Aspen in 1950 and was
named a Trustee of the Aspen Institute for Humanistic Studies in 1953. He was the Chair
of the City and County Zoning Committee for five years and was very concerned with the
issues of sprawl. Bayer promoted increased density in town, put the original tree
protection ordinance in place, and helped institute the ban on billboards.
ARCHITECTS OF NOTE
Charles Paterson was born Karl Schanzer in Austria in 1929. His mother died in
his youth, and his father fled Austria, taking Charles and his sister when Hitler invaded in
1938. They traveled first to Czechoslovakia and then to France. Once there it was
decided that the only way to get the two children out of Europe entirely was to allow
10 Robert 1. Perkin, "Aspen Reborn: Herbert Bayer Changing the Town's Face," The Rockv Mountain
News September 27, 1955.
II Joanne Ditmer, "Schlosser Gallery Host to Major Bayer Show/Sale," The Denver Post October 1, 1997,
p. lOG.
them to be adopted by a family in Australia, whom Mr. Schanzer knew through business
connections. Relocated to that country in 1940, the children took on the family's name;
Paterson. Their father fought in the war and was eventually reunited with his children in
New York City, after they immigrated.
In New York City, Charles "Charlie" Paterson started engineering school, but he
had an interest in skiing and was disappointed with the conditions in the area. He moved
west in 1949, stopping in Denver. There, he worked for the Denver and Rio Grande
Railroad and skied on weekends. On one ski trip, Paterson met someone who had been to
Aspen, and decided to hitchhike there a week later. After finding a job as a bellhop at the
Hotel Jerome, he decided to stay. .
Within a month of his arrival in Aspen, Charlie Paterson bought three lots on
West Hopkins Avenue, shortly followed by another three that comprised a full half a
block between Fifth and Sixth Streets. There he built a one-room cabin in 1949 out of
leftover lumber.
Paterson returned to New York from 1950-1951 to continue his studies, then
moved back to Aspen and began expanding the cabin. In 1952, he leased a Victorian
house that had been operating under the name "Holiday House," and his father came to
town to help out. This experience got Paterson interested in running his own lodge, and
led to more construction on the Hopkins Avenue property. In 1956, he added three units
and opened the Boomerang. Convinced by Fritz Benedict to study architecture, Paterson
left again to spend three years at Taliesen East in Wisconsin, under Frank Lloyd Wright's
instruction, during which time he drew some of the plans for the Boomerang Lodge as it
is known today.
The lodge's lounge, 12 more rooms, and a pool were added in 1960. The noted
underwater window, which allows guests in the lounge to look into the pool, was featured
in Life Magazine in the 1960's. In 1965 and 1970 other expansions took place on the
property.
Although Paterson has designed relatively
few buildings, among them his own business,
structures at the Christiania Lodge, and a residence
in Basalt, the Boomerang is his master work,
exhibiting strong influences of Wrightian
architecture. Paterson designed, helped to build,
and financed the structure, and is still its host and
manager today. It has been described as
"...timeless, ageless" and "...almost futuristic.,,12
Boomerang Lodge
Other contributions to local organizations
made by Paterson include being a member of the
12 Scott Dial, "The Boomerang Lodge: The Lodge That Charlie Built, and Built, and Built," Destination
Maf!azine.
Board of the Music Associates of Aspen for 20 years, Chairman of the Aspen Hall of
Fame for 2 years and of the Aspen Board of Adjustment for 20 years and counting. He
has also served on the Aspen Chamber Resort Association Board of Directors. Paterson
worked for the Aspen Skiing Company as an instructor from 1952 to 1969.
Eleanor "Ellie" Brickham graduated from the University of Colorado's School
of Architecture. Construction was a family business, so Brickham's motivation to be a
designer began as a child. She moved to Aspen in 1951, attracted by the skiing, but once
there, found herself the only female architect in town.
Early in her career, Brickham worked in Fritz Benedict's office and collaborated
on projects with both Benedict and Bayer, participating in the work going on at the Aspen
Institute. During her time in that office, and later
with her own firm, she designed a number of
residences and commercial structures in town,
including houses for several Music Festival artists
in Aspen Grove, the Strandberg Residence (1973,
433 W. Bleeker Street), and the Patricia Moore
Building (1969, 610 E. Hyman Avenue.) Within
Pitkin County, Brickham designed numerous
homes in Starwood, on Red Mountain, and in
Pitkin Green. Her works total at least 50
buildings in the Aspen area. 433 W Bleeker Street, 1973
Brickham's designs have been characterized by spare, simple forms and detailing,
and she has an interest in passive solar techniques. Still practicing today, Brickham's
projects focus on an "impeccable sense of proportion and feeling oflightness."IJ
Victor Lundv designed a second home for
his family in Aspen, which they have occupied at
300 Lake Avenue since 1972. Like Benedict,
Lundy is a Fellow in the American Institute of
Architects. He received his degree in architecture
from Harvard, studying with former Bauhaus
director Walter Gropius and Bauhaus master Marcel
Breuer and was later awarded two prestigious
traveling scholarships by the Boston Society of
Architects and Harvard University.
300 Lake Avenue. 1972
Lundy has been in practice, most recently in Texas, since 1951 and has designed
many notable government, commercial, office, and educational buildings throughout the
world. He has received a Federal Design Achievement award, the highest honor in
design given by the National Endowment for the Arts.
J3 Bill Rollins, "Brickham: Simplicity, Lightness, and a Sense of Proportion," The Asoen Times.
Robin MoInv (b.1928- Cleveland, d. 1997- Aspen) apprenticed at Taliesen in the
1950's. In Aspen, he served on the Planning and Zoning Commission and was the
designer of Aspen's downtown pedestrian malls. He also designed several notable
commercial buildings, including "the Hearthstone House (1961134 E. Hyman Avenue)
and the 720 E. Hyman Avenue building (1976) along with area residences.
Well known architect Harry Weese also
contributed a building to Aspen in the Given Institute
(1973, 100 E. Francis Street). Weese, of Harry Weese
and Associates, Chicago, was an internationally known
architect responsible for a number of significant projects
throughout the United States, including major historic
preservation proj ects in the Chicago area, and the design
of the Washington, D.C. subway system. A graduate of
MIT, he studied with famed architect Eliel Saarinen at
Cranbrook Academy in Michigan, and then joined 100 E. Francis Street. 1973
Skidmore, Owing, and Merrill for a short time. In 1947 he opened his own office.
Weese was recruited by the Paepcke's, who donated the land where the Given is located,
to design the building.
Eligibility Considerations
There are specific physical features that a property must possess in order for it to
reflect the significance of the historic context. Aspen's examples of modernist buildings
should exhibit the following distinctive characteristics if influenced by Wrightian design
principles:
. Low horizontal proportions, flat roofs or low pitched hip roofs.
. Deep roof overhangs create broad shadow lines across the fa~ade. Glazing is usually
concentrated in these areas.
. Horizontal emphasis on the composition of the wall planes accentuates the floating
effect of the roof form.
. Materials are usually natural and hand worked; such as rough sawn wood timbers and
brick. Brick is generally used as a base material, wall infill or in an anchoring
fireplace element. Wood structural systems tend more toward heavy timber or post
and beam than typical stud framing.
. Structural members and construction methods are usually expressed in the building.
For example; load-bearing columns may be expressed inside and out, the wall plane is
then created by an infill of glass or brick.
. Roof structure is often expressed below the roof sheathing
. Glass is used as an infill material which expresses a void or a structural system; or it is
used to accentuate the surface of a wall through pattern or repetition.
. There is typically no trim which isolates the glazing from the wall plane. Window
openings are trimmed out to match adjacent structural members in a wood context.
Brick openings tend to be deeply set with no trim other than the brick return.
. Structures are related to the environment through battered foundation walls,
cantilevered floors and/or porches, clear areas of glazing which create visual
connections to the outside and the inside, and the effect of the roof plane hovering
over the ground.
. Decoration comes out of the detailing of the primary materials and the construction
techniques. No applied decorative elements are used.
. Color is usually related to the natural colors of materials for the majority of the
structure; natural brick, dark stained wood, and white stucco. Accent colors are used
minimally, and to accentuate the horizontal lines of the structure.
Aspen's examples of modernist buildings should exhibit the following distinctive
characteristics if influenced by Bauhaus or International Style design principles:
. Simple geometric forms, both in plan and elevation
. Flat roofs, usually single story, otherwise proportions are long and low, horizontal
lines are emphasized.
. Asymmetrical arrangement of elements.
. Windows are treated as slots in the wall surface, either vertically or horizontally.
Window divisions were made based on the expression ofthe overall idea of the
building.
. Detailing is reduced to composition of elements instead of decorative effects. No
decorative elements are used.
Design is focused on rationality, reduction, and composition. It is meant to separate
itself from style and sentimentality.
. Materials are generally manufactured and standardized. The "hand" is removed from
the visual outcome of construction. Surfaces are smooth with minimal or no detail at
window jambs, grade, and at the roof edge.
. Entry is generally marked by a void in the wall, a cantilever screen element, or other
architectural clue that directs the person into the composition.
. Buildings are connected to nature through the use of courtyards, wall elements that
extend into the landscape, and areas of glazing that allow a visual connection to the
natural environment. This style relies on the contrast between the machine made
structure and the natural landscape to heighten the experience of both elements.
. Schemes are monochromatic, using neutral colors, generally grays. Secondary color
is used to reinforce a formal idea. In this case color, or lack there of, is significant to
the reading of the architectural idea.
Although modernism has likely changed the course of architecture forever, it is
possible to set a date when the style in its purest form began to wane: around the mid
1960's nationally, and into the early 1970's in Aspen. At this point, there was a growing
unease with some ways the Modern Movement had reshaped cities and resulted in
"towers and slab blocks,,14 followed by a move away from the design principals that had
guided the mid-century. The period of historic significance for buildings of this style in
14 Kostof, p. 743.
Aspen, a term used to define the time span during which the style gained architectural,
historical, or geographical importance, is 1945 until approximately 1975.
Aspen has been fortunate to have drawn the talents of the great minds in many
professional fields since the end of Wodd War II. The architects described above had
made important contributions to Aspen's built environment that continue to influence its
character today. While there are numerous towns in Colorado that have retained some of
the character of their 19th century mining heritage, few or none are also enriched by such
an excellent collection of modernist buildings as exist here.
Bibliography
Chanzit, Gwen F.
Gallerv/Paepcke
December 2000.
"Herbert Bayer and Aspen," Exhibition Notes. Adelson
Building. Aspen Institute. Aspen. Colorado. December 1999-
Cohen, Arthur Allen. Herbert Baver- Limited Edition: The Complete Works. MIT Press,
1984.
Dial, Scott. "The Boomerang Lodge: The Lodge that Charlie Built, and Built, and Built,"
Destination Magazine.
Ditmer, Joanne. "Schlosser Gallery Host to Major Bayer Show/Sale." The Denver Post.
October 1,1997.
Dunlop, Beth. "Bauhaus' Influence Exceeds Its Life," The Denver Post April 20, 1986.
Dusenbury, Adele. "When the Architect Arrived After the War," The Aspen Times July
31,1975.
Frankeberger, Robert and James Garrison. "From Rustic Romanticism to Modernism,
and Beyond: Architectural Resources in the National Parks," Forum Journal. The
Journal of the National Trust for Historic Preservation Summer 2002.
"Fritz Benedict." Retrieved from http://www.vailsoft.com/museum/index.html. the
Colorado Ski Museum and Ski Hall of Fame website.
"Fritz Benedict Honored by Peer Group of Architects." The Aspen Times June 20, 1985.
Fritz Benedict Memorial Service Program, July 25, 1995.
"Harry (Mohr) Weese." Retrieved from www.artnet.com.
Hayes, Mary Eshbaugh. "Bendict's House in the Hill," The Aspen Times March 11,
1982.
Hayes, Mary Eshbaugh. Dedication plaque on "The Benedict Suite," Little Nell Hotel,
Aspen, Colorado.
Hayes, Mary Eshbaugh. "Fritz Benedict, 1914-1995, The Passing of a Local Legend,"
The Aspen Times July 15 and 16, 1995.
Kostof, Spiro. A Historv of Architecture: Settings and Rituals. New York: Oxford
University Press, 1985.
Laverty, Rob. "50 Years of Benedict: A Forefather of Modem Aspen Looks At What Has
Been Wrought," High Countrv Real Estate, Aspen Dailv News February 6-12, 1999.
"Noted Designer Herbert Bayer Dies." The Aspen Times October 3, 1985.
Perkin, Robert 1. "Aspen Reborn: Herbert Bayer Changing the Town's Face," Rockv
Mountain News September 27,1955.
Rollins, Bill. "Brickham: Simplicity, Lightness, and a Sense of Proportion," The Aspen
Times December 22,1977.
"Transitions: Robin Molny Changed Aspen- and Made His Friends Laugh," Aspen
Times, January 10-11, 1998.
Urquhart, Janet. "History Richochets Through the Boomerang," The Aspen Times
November 16th and 17th, 1996. .
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ning and Zoning Cqmrni$'sion _ in .
those" years, Molny -was .able 10 _
influ~nce change in Aspen at..a ctu-,_
cia) til!1e. ". "'c..'
"He cared aboUt Aspen ;':nd he
cared aboulgro'Wth," Keni said.
"Be was particuliirIYc6~cerned
about .spa,ing and freedont of'
movement
"We were just realizing traffic
problems '" and development Was
.beginning to look threatening, r'
Kern said.
'As a member of the planning
commission, Molny helped influ-
encethe City ti> purchase the land at
.the entrance to Aspen fOrthe city's
. golf course, Fleisher'said .
. ~'Rqbfn recognized .an opportu-
. nity lo ll!ke laI)dout of leSidential
de'feiopmeht andtransfOnn it into. .
.: fuiJ.ctional oPen space; Robin was"
. Very forward-thinlcing iq that.
'regard,andwas astaimchsupporter .
OrP,e' 'auto:disincentive,' " he
ll9ded. .
.,;\4nc:f.heserVed' the city:to ,ctie..
e!ig; :Kern said. ..... .
': '.: 'MOIny was appointed to the cut" ..'
'm1t DOwntOWhEnhan=ent.and ..,-
.; f{iqestriaJ;LPI.aI) .C<l.llilm.iltee, wh\;!!< _. .
.' he was serving as chainnan at the
~of!ris&ath, .
. . ~'He was' also quitecomrilUnity"
.'ii1i"J~ Flci,shei said. .'. .' .'
~';'7~.:Robin was very involved in the .' MoJoy was born Nov. 22, 1928,',
. . ln~iglitTraiitiilg I'rogramduring in Cleveland, Ohio, the son of
"the'80$: Afterlakirigthe.training Hyman Molny'anc:f BerthaQ'leCl)_'
. . ,~Jf, he was so impressed with stein) Molny. , . . ....
!t!le'prograrn and Us leadership thltt Molny's parents Preceded him ill .
. '. 'qlt, chose to: take respOnsibility for . death, His spouse, Audrey Sattler;',
" ~lJment in this.iegion, and he survives him. Be .iSalsosurviVed,by .
'.: setviXI as an assistant during many a. bzothe~ Marvin MaIn)'; Sister-in_
sessi\>Il$," Fleishersilid, '. JaW,Sthek!ll)d tw~nepheW$! J?,avig ,
~fli:'tllfg~~
.';, Aixii:JJyj:,th<;;P~lQii~M()Inyc. B:O~JC%~P 20tAS~$ljlt<; 2();;~-;.
,'l~ftbehind waS@s ope: -' , 'qlerlwoQ&C$.PringSi€O&t~l~,,>;X~
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andgrow
. . .;'\.i';-,,>;.i;jd
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- there i$ TI70re 1.0 the woods:.
.: qulet thi low sU,! ~eav~ fn the .
trees' - .
relzearsing for spring . .' ,
ql,li~! the silentf7i.am,.a of flatun;
. "'quiet asf, but more quiet than
me
no sound, no lUStle
and on the snow lie the dia-
monds of reflection '
","
there is more to being in the
Woods ili the winter:
they aTe church. 1 enter, 1 pray..
. and,am spoken to.. :
[listen to the homily. [ clOse my
eyesto.lzeprJaiilt.imlsic . . n
mui.sometUrie, a chOir. and
. looking up -1 see.
,\ . ,.1.
:in:the woods ~ fn wi-titer~'
.,'~,>',thel:eis~aiimg. ... ".
i dnd resting
. izlid PGt!el'!Ce
:''iihdaslleave' '.
:/fiiei tkpaiience '
,..(!tI!.f!!~.)l'<ijti!!&,_, . ,_ .,
.J~f{,1iGhtly on"'Y. sho,,!fI,e~.
mui tkdiam;;r0sq6'eflect!on,
. . lie Upon the snow
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- ~-, .i\Jountains snectncuhr :-. ,.
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' t: Granted, the Su.:.7oundlig mountail1S are
a spectacula:-_vie'i\7 all by themselves. Eeq
lYIOlll1tain_ ha~ a hazy shadowtl-}at looked
1i~e a she-er: velvet-:veil carelesslv tossea
across it and;'a211:he-housesthe:re,-lli,tll one" ,
last-spurt o~_sun! a~_pale'as champagnel_Iit'
un the entire:valley,a.~d reflected off \vi..'1-
. dows on the' hiliside houses. _ _ _
-:- .:,From' a"_counya.:.-d _downstairs 'a_smaD_,.A
:"'- fOli..1Jtai11 gav~e- a 'rush ofSDlasht~::r-,Water~;_--~:
.. SDUIIdi.'lg lik~.a tiny waterfanona-hillside,';
and it obJiferllted the &reettrafik noise. r::
wondered 'how.. effective' it ". woUld .' be' .'
~:aga1lSt. Siyt~~.~ venue :noise in :_Denv,er.:'lt
.:",?B sc!. L'lv~tti]gthat I 1!1entally b,ega..'i hauI~~ -'.
mg ~~tClll_s_qDs.9fJ~ture and.p~ilts to
the roof,'vith maybe a brightlycolored,i
'!1oin~q'~SJi~l!(!prB~,ade,to ;~oye"n.;-the{e,"'i"
; ~"TImed!at~ly".'~":-' :<:':.~-":_ :', .. _". -'~"/:r<-:-::'., .:~~_
.It-Temmded riJe Qfthewanedco,jrt",
)~~rds. in :.~el1fanl,:'~it?' SPl~~hfug.f?llti~aL1S~;::f::.;,:
::~~~~d. '~~_(:l?r.a~ye__~)~~ig:-:C9V~rIng. :P9it .:6~:~~;~'-i
. II ' ~ ~~~tfJ(~M~g?iMi()~~~1~\:illO~'l!=J~~eW"J
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\T I t'. A 11 h .' '1' '.1' ..,:" it;)';rajJf;il\'ie"nea~;:1mJuch'lU\~r':;llialfIa'P-~;,:;t
ex 0.. fi1!.tDO .ars. ii';;;Bel1t'4j~!S<ilit~~X.gp~'\fii~ry'i1()1yrtiJ)~:u,,1~rif':}
':ik~~ew{""~j:~~::r~'.~fy..'SJ1J:~~~Rd.41: ~-.;.'; OIl'h~~i~~~'f~i~'~~~~tU~#~~b14~.;i.
:tin" 0)1 a." "lfu;Last.W~ih: Aii':;' 1;''>';:i!~,;QbljY1@s ;\o~lhJ,,;traffi~tin;tM\.p
~'~~~tl~~&;~~;~&~~~~~}"IL[~:;"/~~~~~'~~~!~~i~~lfl~fi~~~~
· moun\ams, ,?;,dfolUld .aWo~{ji:!j'ft:ily: [;.~ l)99~-luIl;p,f '~cl!"~~,\P,m~~'J:'9.'!f;Jl~:!;.sRl111fc1')
d am~zmgly Pifferent.Vlew 'or the<!~d r,:",i!';jly~p~:'PenE}{)y~~~r,s{),,:,eP.{)~,B1~n()~':f"
,er mmmg town. C"i~o.nmiY)l!',~iilJf'PlteiYJ!lor.etreativ~ o.Wi"
It was the first r realized that downtown K. FPJ;~a,sirI,g,,~}:P~<l!P,~!ru;.nmostC()fos,ido'; .....
Jen 15 a gathermg of ora'"gy-rEd bnck i,?h~~lt~,ts'fndn(),lF s pot~.9Pne,,:~_..,.lIIl,:.;_.
ldings - the rosier for the rEflected !'c'.agmation :S,l!1e)igf~re,nce''''(Ifh consIder,,,
w of the dyfug =.'- boldly set offby ,. ~aeI)eIRblVgre~se.:" ,.>' . .~... .'. ?[:.
frEsh new green of SPring. From the : :.. . . . - . .. - 'c "1
(you. saw no autos or pedesU".allS, only . Abundance of f10lTers '. _:
fs, trick tuildings, an occasional towe, :' There's a marve10us ablmdance of f1oiv: _
teeple, with ruffles of gTeen trees. ers biossornmg all over town, in mdividual
: was reminiscent of every romantic yards and downtown m \vindow boxes and
isian apartment with rooftoj) vistas ." big tubs. Take snapshots of ,the ones you,ll
eve" saw m a mOVle. I was so _ ' like best,for your own yaTd; one sidewalk.~,
lrised .by tills new perspective that I..:w;enUl)r()ughl' grove. of aspen li;ees with: Y\
d "o~y sllI11lis: that at gTound.leyei "):"\'oI~l'nbin.e~.al!()~lJ!';EtJ1r,o,ughaS1llan4eld..';;\/
aLennon IS. on :he marveIou: oIa V1C- :......cOf.':'!Vld..Qah.f()J:1l1..apop.j)le...~ ia1lguidly "''',,:r
in houses and tnerr h'llagmauve pamt ";>ingin the 'breeze.MviottingUlQ1ziLhnrc..
.and the shop windows. ' ' _ < ..
"
"'IN In .\ v f11'N"- ?'o'~
'....;\..;,1 :..J/'i r I u\...Jf ~ __ l
Ken Sbwayder, 2
DonCampbe11, 8
Energy Hotline, 18
1983
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----- \4U.J ,u....v...u..cJ ctUU-'Qrl~
- blue locelia Daired \viL1 dusty IrjJ]er aI.1c
. tall white flower in one place" 'With brig
pink petuni2s and violas in another.
A contemporary giass box house I ,
ways make a . speCial deto~ to see has
front lawn or wildflowers, IS. n~ver mo"
and .chanoe's. colors and texture all sun
mer long.o In the years rye been obser
ing, the yard has gotten richer and faIlE
as the flowers .continuously seed. then
. selves. Glass wallS mean the resIdent
'. thoroughly enjoy that riot of wiIdr10wer!
. and 'afrinae of aspen on L':le pen.'11ete
mjlli.'nize the p2ssersby view iIlto th
. house.
. Another houSe has a big earth berm
just a bit Shallower. ~1an !lloaf of bread
, . m01mded between sraewa.!..'<: and front pa
" tio. With, evergreen and aspen trees
shrubs a.~d a lavish helping of flowers, 11
gives total privIWY to l':lat .patio, vvithout
. infringing on ZOlUllg restnctiolls as a fence
'~ ''-10_ '_
. . Another irnaginative concept for pnva.
cy for outdoor living space m an urban
settinacan be seen :p.t The Heartstone
; House~ Here the entire front yard has
been carved out, perhaps eigh~ feet beiow
the O'roUlld' the brick waIl at the front 15 a
retaWng ;;;allbut looks just like any bri~k
wall with lilacs and flowers planted m
front of it, and iow junipers and such
above, effectiveiy blocking out the park.
ing.The first floor Of the lodge, which
technically is. below groUlld, acts just li..'<:e
a eroUl1d.level floor, with large WIndows
ioo"king out into. the walled yard as it does.
It's a suner idea to study for someone who
h2s a basement they'd like to bring out
· into daylight.
INSIDE
HOUSING
p.. --. .' - -';'-:_~'-'______'----'-"-",-,~-'::~-::'___~:l_~__.~~
'Jobs: and the shop windows.
, -~
Hearth.stone houses 'European flavor
. "",", ',~- ~'.. " . , : . - ,
r~--'~ .
i--:By Pal Hanna _ __ apprenticeship in hotel operation
V--~ -:--- ~', - ;';~~~;:in=~ :~y~'singn~i
A. SPEN- One Friday list had not included Canadian
night in Augnst, a Tex- Gail Cottingham and her family,
.. . as hride and groom ,who invited her to visit American
took Over most of the ski areas.
Hearthstone - House's 17 rooms She toured ski resorts, from
for friends flying in for their Stowe, Vt.; to Squaw Valley,
wedding. Early Saturday morn- Calif., and fell in love with As-
ing, the couple, in-laws and pen. With Cottinghilm, an artist,
guests rode the ski lift uP. Aspen as a - silent partDer, she _ opened
Mountain for the ceremony he- the -Hearthstone House in 1962. .
fore returning to the Hearthstone "What I like is quality, quiet,
for-a--smallreceptiiJ~: ,TheIl '.the low-key elegance-- and the best
wedding party dashed off to a service we can give,)} she- says. .
.- concert at the Music Festival. "We pamper our'guests, so they
It's the kind of event that sepa- keep coming hack. Ninety per' ,
rates the ,Hearthstone, _3 first- cent of OUf clientele:is repeat
class small hotel"::"" that includes business or word of mouth. We
brE!a1dast~ a:n,qafternoon - t~a' as seldom get walk:-ins;"
parto!. the bill - from other That could be because there's
hed-and-breakfastopera.tions,' little. to indic"te .that the ,hand-
Irma Prodinger~_the'''Allstrian smne, contemporary "building
innkeeper; _l1as-~worked>for' 25 tucked behind a privacy fence'at
years to create a facsiniile of a' the corner of Aspen A venue and
European hotel garDi,'th~kind of Hyman Street, three blocks off
small inn her family operated- in Aspen's main street, -is an inn.
~a ski resort" in Austria.' . The-tw()..stoiy structure -with a
..\<'Qur-jrin \V~~ ,atL~,Ch'Arl~e_~g.,.,_.~ec~~~_:iItlO~,,!i~ng'r~OI1l view, of
....'-"- that's' fikeAspenonthe . Roar-:-lbeSl9ifalJi on Aspen Mountain'
.'.. ingFor~:'Pr<Jdinger . says. She " , could. be o,ne ~of the r.".ort:s. posh
:,~:,had'completed-_her ihree'y~ar~/ ~~rivate~cl~~~. . -'_
~:l.".~....',' .', .....~ "'; _'
-- ' ..,~.
0.'-_.,_'"
Guests descend a few steps
, from the parking lotto a sunken -
yard to follow a walk to the firsl-
floor lobhy L where. they're greet-
ed by one of the-Austrian staff.
Mter check-in, gnests make
their way to attractive, cOmfort-
..able ,rooII1$' equipped with every-
thing needed for an overnight
stay, from terry cloth robes to
bath' gel, speCial soap to sham-
poo. Towels are changed at least
twice daily. Comfortahle beds
are turned down at pight, a choc-
olate honbon left on each pillow.
Thre~_ro~)~sc~e:eqriippedWith
whirlp?()ls ~aI1d__r~'~~igerators.
All ,i~~s,~~'haye" '~l~k _ radios
and TV setsJor those who wish to
be alone,hutmost gather in the
spacious liytn:k room, bl~sedwith
good readiijg lights, softcIassical
music, ,J.fe,ep' le~ther:-t;011ches,
oversize -upholstered arm chairs
and. a -good'selection of reading-
materials; .
Breakfast and tea are served
in the dIning area. Breakf!i5t,
served buffet style from 7:30 to
,10 a_m." )nclu,des juice" croiss~
., sants, coffee_ cake" fresh fruif,-ce-:.
.real,~:-grano~~-yogurt and coffee
,or tea. That's..the "light. break,
fast" for summer. In winter,
poached or fried eggs and oat.;.
meal are added-to the menur Tea,
served on a buffet from 4 to 6
. p.m., is simpler fare - cookies
and instant tea in summer, cof-
fee, tea and homemade pastries
in winter.
A refrigerator is available to
those who wish to chill their wine
and cheese. A minor complaint:
Glasses in the guest rooms are
small and plastic and no ice
buckets are provided.
The Hearthstone is open from
mid-June until shortly after La-
bor Day, then, closes nntil early
December wIlen it reopens for
the ski season.
Rates range from $78 to $125 a
day in summer to $118 to $170 in
wiliter, 'not ,including 7.2% tax.
Vacancies are few -so it's advis-
able to make reservations three
to four weeks in advance. Write:
Hearthstone House, 134 E. Hy-
man St., Aspen, Colo. 81611 or
call 1-925-7632.
Pat Hanna is a Roc.kjt Mountain
"News-feature writer.
The, c::mtemporary
Hearthstone House I
i~ tucked" away . I
b~hind ,a: privacy .
fence;,tbree
~Jock~_, off Aspen 's
main- street. 'It.
opened in 1962 as a
place where
innkeeper Irma
~"l!rodiiJger strives
. to, 'offer~:':_"quaJity,
quie(,_low-key
elegance;".
<
-2--T-----
Sun., Aug. 11,19B5,Denvar:--G<llo
Rocky Mountain NewslTiavel
weekender
""'~
" - - , " ':,PIlO:rOG""-J04NNeCol
T~.fJH.~r1hBloiJe House featu...._ III IfUlf~n ysr~ withcttf"fortable 'awn Iumif,1lre where- you can enjoy Aspen's sun without crowds BOO commotion,
B J n - ~'FI h~." ~.~ -~-ffi~ .
~AhY.~a~;~;~~:~"~h=.C.".'-~ ~ eart ston~e'
years ago on a tour
of the Umted States -
duringwblchshe'hopedtofnid A t.- . d hI. .. h
',~.~~wh''''h,~uldli.. us Tlan an. er C assy tOliC es
and work. <>
ProdingerwasfromLech, make do. t A . h
i'th'A","i~p'ovj'''ofAd_ hwn own- spen II1n a orne
berg, where her faniily was in ~_
the hotel husiness. So it was logi-
cal-Ior her toga Into the lodg_
ing business.
Her plans. however, called
for only "a couple of years in the
United States" since, in her
-mind at the time, "Austria was
it" and she kIiew that t6at was
where she would live most of
her life. '
'But things don't always go
as planned, _ and Prodinger soon
drew the conclusiolLthat
"once you have heen to' Aspen,
there is no where else to go."
So she stayed: And; with a,
partner, GailCottingharn.Koch,
an artistimm- Canada, she
built the- Hearthstone House on a
sloping piece of land at 154E.
\ Hyman St. The 'wood, orick _and
glassstrudure is-nestled into
, the corner properly, giving it a
slightly'private air even' _
though it-j:; in downtown Aspen,
just three,blocksfrom the
. main lift up Aspen Mountain.
\ From ,ll 'PP~""'''.
Hearthstone, House could have -
been built yesterday.lt.<; un-
timely .look is due a great deal to
its simple ~ut appealing Scan-
-dinaviari-decoI':"teak_lurniture;
.,?nrl!-tr,~1:_Cl;l~Qrs;,~d,~t;qtrpek.._., "
ing,amongother things. If you
have ever been to Sweden,
Norway;- Denmark or Finland,
things will look quite fainiliar: ,
All of this might S~m a lit~
Uecold~intheernotional
sense of the word-if it were
not for the cozy way the Hearth~
stone House is rlin. Itisa tra-
ditionalbed and breakfast house
With all the Cmniortliig fea"
tur($that come along with that
concept. .
The-staff-'consisting
mostly of Europeans~_may caiI
you by name'. If you arrive
late (after II p.m. thiitime'of
y~r), you may be greeted by .,..
a, nice note and a key -on the
c.heck~m counter. It's like
walking into the home ofa trnst_
--ingfriend. ,-
If -.you wish to reIn -outSide,
'there is a sunken yard- with com~
fortable lawnfurniture,:-
highlighted with pots o{ gerani-
ums - where you can:enjoy
the sun without having to deal
with cars and people: Pro-
dinger said that a swimming
pool would detract from the
inn's serenity and, therefore, in-
. _stalllng one never bas been, '
,,__~onsiliered, , .'< . ....,'__..._ '"J
'ins'i(fe Rwthstone Honse:' .'-
- :2-,-_~
there is a comfortable lounge
with a brick fireplace and li-
brary area-with a decent selec.
-tionofbooks. 'l'he dining area,
lounge and library are located
together in- a large open space
with wall-Sized windows on the
secolidfloor.
Because this-iS ASpen and
people don't tend to come'here
to get away from it all" there
are telelpbonesand c~ock radios
in _each of the inn's 18 guest
rooms_ Television sets are avail-
'able on request-Last year,
.-'.- Ptodinger, bougbt ~O and haS dis.-
covered thafshe definitely
overestimated berpublic's de-:
sire for TV.
_m'thesummer, a full conti-
nental breakfast (juice,_frish
frojt, rolls,:anarrayof c,ereals
and. coffee or tea) is served bu!o
fet-style in the small diriing
area (snioking is not pennitted
at the breakfast tables). futile
winter,. eggs are added to tbe
menu. -'
Afternoon teajsa lightaf-
fairiilthesUmmer, but Austrian
pastries are in store for win-
ter gtiests when they return
from the slopeS. Breakfast and
tea are !.n:::!uded iil tb~room
price.
''For_years, we were tbe
only place in Aspen th~t served
breakfast to its guests;" ,Pro-
dinger noted-during our recent
stay at Hearthstone House.
"The idea here is to:parnpet
ow: guests. Everything we use is
real. We have down pillo.~,
wool blankets andheavy cottO,li.::'
bedspreads,It's more,livable.:
.-,moieEuroJ:leau..
"Repeat business is_ our -
thing, and our regular customers
expect everything to be right.: ~
Ihave been told that staying
here is like staying in,auice
home and that the only reason
you klio", you are in a Jodge'is
that you pay your bill,at the
e.nd,"Prodinger.saidwitha
smile. -- - '. - '-
_Rates at the Hearthstone. .__.
House through mid-September _
range froin $64 (fora double
bed in asUl.Ddard rooni) 10$90
for.a double deli.u:e..Deluxe
rOOnls are larger and c~ntain
WhirlpooL;ba~t~bs.
The lodge is closed from
mid-September to mid-Decem-
ber, when',Prodinger-'returns.
to.Europ~ Winter rates.,'i-un:,,,-'. ~
from ~l08 w $158, with $30
foreac.hadditiona:l~oD:Thei'e
~rel0 percentdiscoUDts_dur-
ing-Januaryas well as'during
the wee~ before ~!mas.
.
While. yo!:!." are in Aspen, visit
the tour!stinformatioiz center on
the mall for details 'on current
events. I
Pick'up a-freesUmmer.fall
resource -guide to AsPen and"
SnowmaSs. It should also be ___
availableat most hotels. .
Attend aperfOrrilaDce of
the -Aspen Music:FeStivaI. which
runs,~ugh_ Aug. ~25.'Tickets
may be' purchased iri;oenver at'
13 Datafu locations.;Aspen
pho~~: 1-925~325( J'~teDt box-
- :oIfice; ~t_Third_and.Gillespie ',~
; .. streets;OpeDS one hoUi prior to
- 'perJormance> ,... J ~,_ . -;,~
~eck out the art museum.
.(fo~er~y Ci!ned the f'Spenc:en':
~ter_for,the Visual Arts) at S9Q:'~
N.MUl St. wheretwo;interesting
shows"':""-P.ieasso's'Vollard -
Swte:'and .Americaii PaiIitingS-
-1975_198S---'--are on exhibit
"throiigb.-i\ug..2S. _
-, Take in the Ballect i\speri
- Festival"with perfo~_ces by::
tbe Pacific Northwest Ballet.., ,
running, thwugbAug.'17~-CalIJ.]
92S-8484 ,foI-schedule, _ 1-925- ~,:~;
620Uor:tickets._ --:_-:';'''1
For-Information oD'allac-,'"J
commOdations,. Cali ASpen ce1~^':
tralReservations:800_421' - ,,",,,
7145:
i-loal1 McCoy is Rocky
':Mountain.. News travel.edi:" .(.
tor.
~----"".o.-o.<._~_
NOV. 6, 2006 2: 06PM
THE MYLER LAW FIRM
Robin l'Iolny !!!i ~ Ta.lieSin Fellowshi'l1
:Bruce Berger
Box 482
Aspen, CO 81612
(JOJ) 925-1647
NO, 629
p, 5
~'A\\W- -:f .
<
NOV, 6.2006 2:06PM
THE MYLER LAW FIRM
NO, 629
p, 6
,- ..,:
.. ','
So consuming was Robin Molny's experience a.s a Taliesin
Fellow, So psychologically tangled. at the .tilne and in its lii'elong
consequence, that he is still trying to detemine how it shaped
him a.s a person, About the way it shaped his a.rchit.ecture he
has unqua.lii'ied praise, But a%chiteoture was only one strand
in Taliesin's weave of philosophy, cOl1ll1luna.l life, virtues,
prejudices real or perCeived, and t.he quite different personalities
of Mr, and Mrs, Wright,
Molny reaohed Taliesin with the fervor reported. by ma.ny
apprentices, propelled, in his case, by two "bursts of white light."
The first went off on a. schoolbus. Students at kst TeCh High
School, in Cleveland, chose their majors in their second year.
Moloy wanted to draw but wasn't int.erested in the usual life models
a.nd. still lifes, He asked the kid next to him what his. major was,
It was architeoture. Molny asked to see the portfolio, a.nd
instantly knew t.hat architeoture was his life's ohoice. At that
-,..-/
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NOV, 6,2006 2:06PM
THE MYLER LAW FIRM
NO.6 2 9
P. 7
FOr\llll, devoted t.o Frank Lloyd Wright. Tha.t 1I3.S t.he second burSt
of white light. He and. a. fellow student, Martin :Ba.ohlnan, resolved
to join t.he TaJ.iesin Fellowship, and started hitchhiking to
Arizona. in t.he middle of the night. On their wa.y they wrote Mr,
Wright a letter announcing thei.r approach. The Fellowship was
full and they were made to wai.t two days after they ;u:rived,. At
last r~. Wright saw them and. told them to contact him in the spring,
The two aspira.nts returned to their homelii, waitj'!d until the Fellowship
had returned t.o Ta.liesin iast, then 5howed up unannounced, Mr.
Wright said the Fellowship wa.s still full and. "Don't persist because
I'll just say no." ~lolny and Bachman na.g€8<i aJMr. Wrie;ht fina.lly
allowed them to pitch tents at the base of Romeo and. Juliet Tower.
Molny immediately took to many aspects of life at TaUeSin,
not all of them arohiteotuzal. He adJnired Nr. Wright fo-r hiring
old men of the vicinity who would not otherwise have found jobs,
and he enjoyed wo-rking beside them. He spent a sUllImer -raising
chickens and relished a. 1,Iinte-r of solitud.e at Taliesin Ea.et, laying
a stonewo-rk floor in t.he new theater foyer with fellow awrentioe
George Haas. He did cleaning, maint.ena.nce, and felt that his
stints of cooking two meals a. d.a.y. si.)c: and a. ,hall' days a. week for
sixty people was one of this life's greatest cha11enges - a.llli
that having people look forward to his C'Ooking was one of his
greatest. satisfactions.
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NO~ 6,2006 2:06PM
THE MYLER LAW FIRM
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In the cl.ra!ting roOlll Molny did rsnderillg5 of the
Guggenheim Muse1llll a.nd other buildings, mosUy residential,
He was elated when Eero Saarinen came to visit aId Mr. Wright
introduced him by saying, .'This is Robin Molny - he'll be a
good architect one day." AId once during a. Christma.s box, a.n
occasion when ap:prentioes gave Mr. Wright an original design as
a Christmas present, Molny's work was :put on the easel and Mr.
Wright said, "Ah, Robin is a poet." Then he added, "It isn't a
house, is it?" Alas, it was a. house, but the woId "poet" still
resonates for Molny, who has since taken up the composition ot
pM tTy .
:But all at Taliesin, for Molny, wa.s neither so simple nor
so pol6itive. Shortly a.f'ter he joined the F'ellowship, Iovanna.
returned from her study with Gu:rdjiefi'. a.nd GUI'djieff's teachings
were integX'ated into the Taliesin program. Molny knew nothing of
Gurdjie:f'f' and. wa." at fir"t attracted to Gu:rdjieffia.n practise.
He participat.ed in the sacred danees a.nd ilnmediately g=$pBd the<
oentral teaching: that one's essence is what one is, not what one
does, It was a d.istinction l'i%'. Wright a.lso made, ani one that
Molny still lives by, But at the age at thirteen, Molny had.
rebelled emotionally against organized religion, ani Gurdjiefi'ian
practise at Taliesin felt to hilll like organized religion. In
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NO~ 6.2006 2:06PM
THE MYLER LAW FIRM
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his second yea.r out of s!x, Molny dropped out of Gumjieffan
practise, leaving him on the fringe with the few othera who
abst&ined.
Adding to Molny's sense of isolation were bad memories
of being Jewish in non-Jewish surroundings. :Before he went to
high school, his fa.mily moved into a neighborhood where they
were the only Jews. He had. to bear taunts like "Hitler W&S
right a.bout one thing" a.nd "When I COJlle 1:aok from the war, I'm
going to bring my rlfle a.nd kill all the Jews." On one ooca-sion
he had to fight all the neighborhood. boys in sucoeseion. From
then on, Molny was hypersensitive to a~hi.og that 15avored of
anti-SemitiSln, and at 'l'll.liesin he sen5sd it in MrS. Wright. In
Nolny's perception of her viewpoint, it waS a.ll right to be Jewish
if you were one of Mr. Wright's clients -- as many were -- ani ae
an apprentice if you followed Mrs. Wright into Gumjieffia.n
praotise. It was not all right for a Jewish apprentioe to go
his own way. Mrs. Wright's manifest disHke 01' Molny 'broke into
the open when she told. h~. ba.ldly, "You don't belong here and
you never did.. " The words were hard for Molny to absorb, and
he interpreted them as anti-Semitio.
As for Mr. Wright, his only reference to Jewishness was
once to ta.ke MolDy aside in what Molny calls a. very loving manner,
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THE MYLER LAW FIRM
NO. 629
p, 10
ani tell hiJll th3.t he wou1.d do better if he we:x:e less SClUr, a.ni
that sourness was a characteristic of: Jewish people. While
maintaining that Jews had a. lot to 'be sour about in 1950, Molll)'
a.lso believell Mr, Wright' 1$ comment was on the IIl!i.rk. In
sl.lllllll!i.rizing that aspect of: his life at Talieein, Molny Says,
"It wa.s my responsibility to make it all right, beca.use I was
not the only Jewish apprentioe, Others did a lot better than
I did. It was for me to work it out,"
The most troublesome lesson Molny picked up as a stanoe
towa.:rO. the world from Taliesin waS a sense, from both Mr, and
Mrs, Wright, of right and. wrong action .. a worthy distinction
th3.t reduced, in praotise, to dividing the 'World. into good. guys
and bad guys. Molny left Taliesin also dividing the world into
the aooeptable ani the villains. It fed his own resentments -
his vaunted sourness -- a.nd. led. to a.ntagonisms he might have .
esoa.:ped., Molny now believes that duality was counterproductive
and. that hie struggle to get clear of it has nearly liuoceeded.
Working out his a.rchitectuJe has been far easier. Mr.
Wright had told him, ''It' you unierstand. the prinoiples of my
a.rohi teoture, then your buildings need not look lilte mine," and
Molny feels that his work does not reminisce Mr. Wright's. On
lea.ving Taliesin, he superviSed construction of Mr. Wright's
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NOY. 6,2006 2:07PM
THE MYLER LAW FIRM
NO, 629
P. 11
.
house in Wisconsin for Dr. Ha.urioe Greenberg, then worked with
another Ta.liesin apprentice in Park R1dgG, Illinois. On his
tri:pS back and forth between Taliesins Moiny had paSsed through
Aspen, Colorado, and met former Ta.liesin apprentice fritz
Benedict, who wa.s practising there, When Molnywa.s in Park
Rid.e;e, llenadict called. but offering \lork in Aspen. He worked
for Bened.ict for a. yea.r and a half, then beoame a. registered
architect andha.s practised in Aspen on his own ever since.
Much of Molny's output ha.5 been private residences.
Keeping in mind !".r. Wright's dictum about "breaking the box,"
Molny's interiors enclose 'only the bedroOJlls and ba.th~, lea.ving
the rest to flow in interpenetrated spa.oe. i:Kteriors, often on
mounta.insides. shoW steppill8 progressions a.nd a. cubist complexity.
Win:l.ows a.re caloulated to maximize views, ani skyl~hts lIlimit
daylight in . dramatic and unexpected p~ces. In 1975, Architeotural
Record named Molny's Ford Schuman house in Aspen one of its twenty
HouseS of the Year, calling it a "vigorous and. persona.l statement"
that "proceeded along intuitive traoks, liaring much and fearing
li-ttle. "
Molny's public build.ings in Aspen include the Aspen Athletic
Club and the Hearthstone House, a. lodge whose tranquil lines have
endearad. it to many -- inoludi.ng its architect, who calls it !l.
- 6 -
NO~ 6,2006 2:07PM
THE MYLER LAW FIRM
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,
"forever building." His favorite projeot, however, is not e.
building at all; it is the three-block pedestrian mall in Aspen's
core. For Molny, who had. been on the planning commission, the
ma.ll was a.n opportunity to work with the business a.nd. political
communities, to oreate a space enjoyed ~ millions of visitors
a.s well as residents, Molny likens its creation to Mr, Wri€ht's
"thought-built buildings", and it required thinking about such
praoticalities as access for fire trucks and. preservation of the
city.s wa.t~i: rights to a stream that had. been piped benea.th town,
for a ground surface I Molny used. century-old. paving bricks
from St. Louis. To either side he provided walking lanEls wide
enough for vehicular access, The center is a parklike strip with
benches, trees, .grass, and. sculpture, threa.d.ed by the streaJII,now
li'berated frcm its pipes ani a.llowed to turn the social core into
an oasis, In landscaping, Molny tried to extend the sense of the
irriga.tion ditches lined with cottonwoods in Aspen's West ~,
though he was overruled on cottonwocds themselves in favor of sma.ller
aspens and. spruce, He is proud. that the project was built on time
and within budget, a fea.t rare in civic work, a.nd even though the
mall isn't a structure, he believes it is thoroughly Wrightia.n in
its integration with its suxroundizlgs - Victoria.n wildings as
well as nature - in its ha.J:"nonious abstraction, and in its focus
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NOY. 6.2006 2:07PM
THE MYLER LAW FIRM
NO, 629
p, 13
on human in~er&ction.
Throughout his oareer Molny ha.5 ~ld Mr, Wright's work
as a mea.sure of his own, and hopes to have measured up in his
most recent project, a remaka of the Don Fleisher house in
Aspen.. The house a.otually incorpo:ra:t.es a smaller ~ouse by
ano~her arohitect, but Moloy has fused it with his own, The
mass of the projeoting livingroom, with its flat roof' and broad
:fenestration, recedes through articulated corners to the house's
extensions on either side. The smaller seoond story is visually
braoed. by a. pitched roof :from the former house, a.llowed to shoW
through in a brief pent:lJnento, giving this rectilinear house a
suggestion of the pj'ra.lllid. Built on a slope and entered from
'below, the house's entrance is masked by a garage that merges
with the terrain and. is reaohed oy transitional walls around
visual -- and. actua.l -- steps,
Molny ha.s designed the ~ntrance $0 as to "give the house
to the owner," Ey this he means that from the fron~ door, aCOesS
to all of the house's spaces beokon with anticipation. To one
side lies a master bed.room; to the other side, the liv~om
an:1 elevated diningroOlll. Straight ahead, a hallway divides into
stairs tba.t lead. t,o a crow's nest office and guest badroom, and
a :pa.ssage tba.t loops to a breakfast room am. baCk to the kitohen
- 8 -
NO~ 6.2006 2:07PM
THE MYLER LAW FIRM
NO, 629
p, 14
c
and livingroom. Light enters this complex unexpectedly. Toward
the back of the house, an area. that most houses on slopes ignore
in their fixation on the Big- View, atrium . windows focus on
natiVe vegetation that offers intimacy rather than grandeur.
The master bedroom ends in a greenhQUse, and a skylight dome
over a bathroom provides what Molny calls "the ultimate plastic
interpenetration of space." The Ilig View -- which includes
distant Mt. Sopris -- is delivered by the sweeping fenestra.tion
of the office and livingroom , and. is even impressive from the
kitchen counter, pulling nature, socializing, and cooking chores
together. Moloy's intent is to crea:te "a l1ll.tural :progression of
mutually visible sp!l.ces," all of which converge a.t the entrance.
Looking back to his training at Taliesin, Molny is b,ath
appreciative and critical of what he learned. He is struck that
over the years there were some sixty apprentioes a.t a tilne, but
none has carried I'.r. Wright's work forward the way Mr. Wright
hilnself was a further unfolding of his own mentor, Louis $ulliva.n.
Molny once blamed tha.t failure on Mrs. Wright. but now believes
that am;wer too simple and even conceders that the FellOWShip
wouldn't have rsolid:!i'ied as it did without her. He does ,believe
that then was a. fa.ilure in transmission. Architecture wa.s learned
by osmosis, in workine on Mr. Wright's own projects nther than
- 9 -
NaY. 6.2006 2: 07PM
THE MYLER LAW FIRM
NO. 629
P. 15
_ in the more conventional process of, say, making all apprentices
de6ign a. three bedroom, three ba.throom house. The example,
great as it waS, didn't tra.nslate into praotise.
As for Ta.liesin itllelf', Molny has never gone back, He
had, he sa.ys, a. great d.eal of dishamony with other ap1%t'entioes.
left with ill feelings a.bout what he perceived he was receiving --
feelings he admits m!l.Y have been his own crea.tion - and. in effect,
a6 he puts it, oa.st himself' out. On the other hand, he has kept
in touch with m!l.ny people he knew there, whiCh he finds fulfilling,
Ironically, it is in Gurdjieffian te:rms that he puts it all into
perspective. Architecture is what he does, not what he is, and
its practise has become less a focus for him than what he calls
"the grea.t mystery." He only cOlIllllits a.rchitecture when people
a.sk for it, -as they still do,
- 10 -
NOY, 6,2006 2:05PM THE MYLER LAW FIRM NO, 629 p, 3
T~[; ~RANK LLOYD WR1G~T ~OUNDATION
CRANK ceOVO W"GHT SCHOOL OF "CHITECTURE r-
THE F RAN K II 0 Y D W RIG H TAR CHI V ES -1 ~~y\ r: ~
~
."
The Frank Lloya Wright Foundation congratulates Ro~in
Molny on the occasion of his recognition by the City of
Aspen, for his contributions aefining modern
architecture in Aspen.
The Foundation congratulates Robin on:
His broad range of work, beginning with
his first work in the office
of Fritz Benedict,
His work in the restoration of turn of
the century residences and carriage houses,
For his commercial buildings in
downtown Aspen,
For his several contemporary ana
extraordinary mountain homes,
For his ~eautiful Aspen Mall, created
joint~y with Curtis Besinger, turning
streets into pedestrian parkways and a
mall which forms the commercial core
of Aspen.
Robin Molny has created an extraordinary boay of work,
sensitive in scale and visual harmony.
For all of this, the Taliesin FellOWShip, where Robin
served his apprenticeship to Frank Lloyd Wright,
congratulates him on a life time of accomplishment.
R ard carney
Chairman of the Boa
The Frank Lloya Wright Foundation
May 1, '1997
TA.lIESIN weST 0 SCOTTSDAlE. A~qON^ 85201-4430 0 OO~ 860-2700
FRAN!:: UO'f'D WRIGHT ARCHIVES
TAL1E5\N 0 SPRING GREEN, WISCONSIN 's358l!-9304 0 606 ~dIS'2S' 1
~AX 602 391.4000
'AX 602 451.02':4
FAt 60S sse.2090
Page I of I
~~'Gt:
Sara Adams
From: Cherie Orwig [cherieorwig@comcast.net]
Sent: Saturday, September 30. 2006 2:27 PM
To: Sara Adams
Cc: Irma Prodinger
Subject: Preserving The Hearthstone House
Importance: High
Attachments: Preserve the Hearthstone.doc
Hi Sara -
As a regular visitor to Aspen, I've learned of recent discussion on The Hearthstone House and its future. I understand there
will be a meeting in November at which it will be discussed. I ask that you offer the attached letter to any presentation made
at that meeting in support of The Hearthstone House. The letter also may be used at any other time when its contents will be
of value.
If you'd be so kind, I'd appreciale any update on the time and date for the meeting noted above.
Thank you. Sara.
Best regards. Cherie
Cherie Orwig
cherieorwiq@>-cemcast.net
cherL.,orwiq@c;gotura.erg
10/31/2006
~
:y:(eptember 30,2006
TO:
Aspen Historical Preservation Commission
FROM:
Cherie Orwig
Vice president, Corporate Marketing & Communications
Centura Health. Denver, Colorado, and
Long-time guest at The Hearthstone House, Aspen
SUBJECT:
Preserving Aspen's awesome Hearthstone House
It has come to my attention that the City of Aspen is working with the current owner of The
Hearthstone House to make certain changes, and that those changes may result in the demolition
of The Hearthstone House to make way for a set of condos. I am writing to implore you to vacate
that discussion in favor of not only saving the Hearthstone. but also designating it as an historical
landmark in Aspen.
Irma Prodinger and Gail Cottingham-Koch, natives of Austria and Canada, respectively, built The
Hearthstone House in 1961. I first became a guest in 1973 and was an annual, if not more
frequent, guest there from Ohio for more than 25 years. There is no question at all that I returned
to Aspen. vs. another ski resort. strictly because of the warm, friendly and comfortable
atmosphere and service of The Hearthstone House. Because I loved it so much. I increased my
winter visits to Aspen into the summers and falls. and brought others with me, introduCing them to
Aspen and the Hearthstone.
Hundreds of people, not just I. returned regularly to Aspen's Hearthstone House. vs. another
resort, because we considered it a "home away from home." It never felt like a hotel; instead, it
was designed with a large living room, wonderful fireplace. ample dining area and library to
provide us guests with a wonderful setting for reading, contemplation. conversation and
networking. The Hearthstone also offered a unique sauna that soothed guests every day.
For years I have known the history of the owners' meticulous efforts to create The Hearthstone
House. The design came from Aspen's famed architect Robin Molny, who was educated by Frank
Lloyd Wright. Together, they, with great care and professionalism, created the Hearthstone. They
incorporated a number of special features. including a sunken. private courtyard that assured
great curb appeal; used old brick from the city's former hospital; selected a wonderful shingled
roof and added a unique redwood door and balcony that I will remember always. Irma did not
build a business when she selected Aspen for her lodge; she created a way of life that had. and
still provides, a home-like feel for guests. Hollywood producers. international guests, famed
architects and Fortune 500 CEOs and their families were just some of the frequent guests I met
and conversed with there. I've visited every major U.S. ski resort in the U.S., and none provides
the experience of The Hearthstone House, except perhaps a select inn in the Alps.
No question, The Hearthstone House initiated a new beginning for Aspen's ski resort "look and
feel" when it was built at the corner of Aspen and Hyman streets. As is true of Frank Lloyd Wright-
influenced buildings throughout the U.S., the Hearthstone building - at age 45 - has not lost an
ounce of its appeal, even while other Aspen hotels have decayed and needed to be replaced.
The Hearthstone's design is as timeless and alluring today as when it was built.
To me, The Hearthstone House is as much a fixture of Aspen as the beloved Paepcke Park, The
Hotel Jerome. The Explore Bookstore. The Opera House and more. It fits so well with the
mountains. It's home. Though I've moved to Colorado from Ohio. I still visit and love The
Hearthstone House and compel you to keep it a treasured location in Aspen, Colorado. forever.
Thank you.
Page I of I
Sara Adams
From: Cheryl Tennille [tennille@starpower.net]
Sent: Thursday, October 19, 2006 1 :09 PM
To: Sara Adams
Subject: Aspenomics
Attachments: Aspenomics.doc
Dear Sara,
After being informed of this matter by Irma Prodinger. I penned this testimonial. I intend for you to hear my
passion on this and give serious Ihought to come out the 271h of Nov to testify in person. Please inform me what I
must do ahead of time in order to be called for my turn.
Cheryl L Tennille
Washington D.C.
10/31/2006
" Aspenomics" or Save the Hearthstone
"Aspenomics" faces a watershed event: does it intend to remove from its streets cape, in
perpetuity, its best situated and most solidly built ski lodge for a cold fayade of heavy
environment-user condos to the profit of one distant money interest?
Indeed, the Hearthstone House is always a graciously run ski lodge, a classic, a
composite design from the best ski lodges of the world. Its diverse and interesting
clientele is long loyal and enthusiastically satisfied.
Is the alternative to 17 rooms with bath, one kitchen, one laundry, one steam bath, one
lovely private yard, and one great fireplace in one living room/library with the best
mountain gazing from an interior in town to be-- ten kitchens, ten fireplaces, ten
chimneys, ten laundries, ten living rooms, 20 baths, no private yard?
Is moderation dead? Is there nothing moderate in price and luxury yet graceful with style
and convenience, to be left in town? There are athletes, writers, teachers, government
employees, billable hour folks, and the like who come to stay short and long, once and
more per season at the Hearthstone. They are not there to cook, housekeep, and entertain.
They use all the services of the town: lifts, lessons, books, spas, sport clothes and
equipment, movies, Wheeler, Given Center, restaurants, taxis, buses.
I ask Aspen to hold onto its heart, its heritage and avoid the slippery slope to being "an
anywhere to stay and ski in the U, SA." or worse, a town highlighted by real estate
offices, purse museums and often shuttered condos.
Cheryl 1. Tennille
Washington D.C.
Historic Preservation of the Hearthstone House
My name is Irma Prodinger. I live at 210 East Cooper Street. I am
a permanent resident of Aspen since 1961. I grew up in my
family's ski lodge in Lech, Austria, a place already 30 years into
the new industry of skiing when I arrived in America.
I come before you to urge the preservation of important Aspen
heritage: one of its original ski lodges, the Hearthstone House.,
founded in 1961 and completed in 1963.
The reasons to preserve are historical, cultural and aesthetic merit.
The solid physical plant is a Frank Lloyd Wright design specific to
ski lodge purposes of skiers today and to the city context of
attractive streetscape close to town amenities.
I came to America with the knowledge and experience of how to
create the quintessential ski lodge. I strongly believe this desire
continues today and continues to benefit Aspen.
First I found the town and the site. I traveled the mountain areas
from Vermont to the Rockies to Sun Valley to Squaw Valley and
back to the Rockies in search of the most exciting place for a ski
lodge. With the assistance of a financial partner we bought the
land, three lots, hired from Taliesin, Robin Molny, who worked
five years under the auspices of Frank Lloyd Wright. He took my
ski lodge concept, designed, and built this small inn suitable to the
Aspen streets cape and to distinctive needs of an incipient skier
clientele.
I learned from my experiences with international ski enthusiasts
that American skiers would enjoy an alternative to the Hotel
Jerome and mostly motel rooms. We created a house with 17
rooms, each with private all-tile bath, built-ins for ski gear outside
the rooms and others for inside. The place was solid, immaculate,
the service professional (even towels were replaced while out to
dinner, called then "turned down service").
The second floor offers a common area where guests are served a
full breakfast, read the papers, warm by a grand stone'frreplace,
gaze up Aspen Mountain from a balcony, and enjoy apres-ski- high
tea of the day's delicacies from our own selected recipes. Through
the years the appeal of Aspen became knitted to the lifestyle of the
Hearthstone. Friends to be made or revisited were the pleasure as
much as the greatest skiing within walking or bus- riding distance.
The Hearthstone sustains in Aspen the concept and experience of a
classic ski lodge. Its enduring patterns of operation and loyal
clientele make the Hearthstone, Aspen's heritage to preserve, NOT
to demolish.
The Hearthstone is both a gem of American architecture and a
design crafted to the needs of skiers, not for advantages of profit.
Its siting allows privacy inside and privacy in an outside courtyard
yet is a block away from town central. Its rounded roof speaks of
the Japanese influence in Frank Lloyd Wright's later years.
This is a critical time in our town, a time of unprecedented change.
Our culture and streetscapes are threatened by eager, enterprising
non resident owners, determined to maximize profits and
minimize obligations to the community in which they build.
I ask the Commission to designate the Hearthstone a landmark.
The historical, cultural and aesthetic merit of the Hearthstone
should be part of the city's plan to guard its heritage, and to shape
the town and its guests' experiences for the years to come.
Irma Prodinger
(..~~..
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Page I of2
Sara Adams
From: Irma Prodinger [iprodinger@comcast.net]
.
Sent: Tuesday, October 31,2006 12:47 PM
To: saraa@ci.aspen.co.us.
Subject: Fwd: Hearthstone House 2
Begin forwarded message:
From: "Bill Gunther" <~unther@bigfoot.com>
Date: October 31, 2006 9:29:09 AM MST
To: "Irma Prodinger" <iprodin9-er@comcast.net>
Subject: Hearthstone House 2
2006
October 29,
TO:
Aspen Historical Preservation Commission
FROM:
William Gunther
Hochwachstrasse 10
St. Gallen, Switzerland
Re: Hearthstone House. Aspen
Aspen is one of my favorite winter- and summer resorts. For the last 20 years or so
I have stayed at the Hearthstone House and for several reasons. The coziness of
the place, the superb service and the unique architecture of the building. It is rare to
see a building with so much individual character in Aspen.
It definitively has the touch of Frank Lloyd Wright, the great architect, inasmuch
as it has been designed by one of his pupils, Robin Molny.
To me the Hearthstone House is a landmark. There are few other buildings in
Aspen that show the hand of Frank Lloyd Wright. Because of its uniqueness, rarity
and high heritage value this building should be preserved.
Destroying such a gem would leave a black mark on valuable architecture in
Aspen.
The fact that the Hearthstone House was built in the early sixties and still today
looks as contemporary as then, gives proof of the cleanliness and purity of the
design.
If'1/'''ll/'1f'1f'1c.
Page 2 of2
Please, members of the Aspen Historical Preservation Commission consider the
Hearthstone House as the precious historical building it is and vote for its
preservation.
William B. Gunther
Sara Adams
From:
Sent:
To:
Subject:
Valerie MacDonald [valerie0701@hotmail.comj
Thursday, October 26,2006 11:48 AM
Sara Adams
Hearthstone House HPC meeting 11-8-2006
I am out of town and unable to attend this meeting but want to go on record with my
support for the Hearthstone House to be added to the Aspen Inventory of Historic Sites
and Structures. The project is a fine example of work done by architect Robin Molney who
trained with Frank Lloyd Wright.
It demonstrates a combination of European and Wrightian styles that are representative of
1960's post war Aspen. If you look at the Hearthstone1s House advertising, they also,
seem proud of their historic past with references to the Frank Lloyd Wright connection.
Hopefully the Hearthstone House will be preserved as part of historic Aspen, which is
rapidly disappearing.
Thank you,
Valerie MacDonald
925-4221
Find a local pizza placet music store, museum and more...then map the best route!
http://local.live.cOm?FORM=MGAOOl
1
Page 1 of I
Sara Adams
From: Carole Holden [cholden1@optonline.net]
Sent: Tuesday, October 24, 2006 9: 19 AM
To: Sara Adams
Subject: Preservation of the Hearthstone House
Dear Sara,
My husband and I write as interested parties to the plan to tear down the Hearthstone House, but that does not diminish our
sincerity regarding the issue. The Hearthstone House is unique among properties in Aspen and a significant part of Aspen's
early years. Unlike some other buildings that have had to be replaced, the Hearthstone House was carefully conceived and
built to last. It still maintains its special character that was, in part, based on the outstanding work of Frank Lloyd Wright and
his school of architects. Wright's works in other parts of the United States have been carefully preserved as historic sites and
many, I believe, are still used as private residences and office buildings.
We have been coming to Aspen for many years. Our first trip was in 1967. We love the town and the mountain, but, more
importantly, it is the Hearthstone House that brings us back, alone and with our children and grandchildren. We have made
longlasting friends who also keep coming back and our friendships have been enlarged over the years because ofthe
Hearthstone House with its communal breakfast and wine and cheese hour. Perhaps that sounds simple, but we have traveled
many places and stayed in lovely hotels and inns. There is simply nothing like the Hearthstone House.
We thank you for taking our thoughts and hopes into consideration as you make a decision regarding the fate of this
wonderful lodge.
Harold and Carole Holden
304 Feather Lane
Franklin Lakes, NJ 07417
(201) 891-0538
fax (201) 847-9687
Carole Holden
cholden l@optonline,net
......
-
Order Carole Holden's new book, Ultimate Terror. from either lUniverse.com" Barnes and Noble.com
or Amazon.com. It is also available at Bennett Book Nook, 303 Franklin Avenue, Wyckoff, NJ.
10/24/2006
,
,
...
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"" - ".
-
,
Sara Adams
From:
Sent:
To:
Subject:
Andrew Cottingham [cottingham.co@gmail.com]
Monday, October 02. 2006 3:54 AM
Sara Adams
Hearthstone House
. MY. unti~ 'n
}{OT~'~~\ ~t; "~tW.
To: The Aspen
Historic Preservation Commission
From: Andrew Cottingham
Tulip Tree Cottage, Langton Long
Blandford Forum I Dorset, UK
Dear Sara,
I was sad to see the Public Notice Bulletin outside the Hearthstone House when I
walked by a few days ago, announcing the meeting to discuss the possibility of
redeveloping the property.
It would be a great shame if a small classic hotel such as the Hearthstone was
allowed to disappear from Aspen , when it- has helped to bring guests back to Aspen from
allover the world, to enjoy the facilites year after year.
At the time of its construction, the Hearthstone1s Frank Lloyd Wright inspired
design was not only ground-breaking but it helped define future hotel projects in Aspen
and introduced a new standard for a modern, stylish yet classic and comfortable small
hotel in Aspen.
Its cosy and friendly atmosphere drew guests back every year and its central
location is ideal for visitors.
I can still remember vividly the excitement I felt as a 10 year old on my first
visit to the Hearthstone,waking up to the view of the mountains and enjoying the
convenience and freedom of being able to just walk out the door with my skis and go up to
the mountain, without the hassle of bus rides or long walks!
Aspen still needs such small hotels to maintain the personal touch that most
visitors prefer. I can't help feeling that some of
Aspen's IlAspenness" WQuld be lost if the Hearthsone is allowed to
be redeveloped. Please help to save a gem of a hotel in Aspen by placing it on the list
buildings to be preserved by the Historic Preservation Commiss~on.
Yours sincerely,
Andrew Cottingham
1
PROJECT:
Name:
Location:
Parcel ill #
~XM1m H .
Land Use Application
.
THE CITY OF ASPEN
ApPLICANT:
Name:
Address:
A
E-mail:
REPRESENTA TIVE:
Name:
Address:-
Phone #:
Fax#:
E-mail: ~
TYPE OF APPLICATION:
~
o
o
o
o
o
o
o
lease check all that a
I ):
Historic Designation
Certificate of No Negative Effect
Certificate of Appropriateness
-Minor Historic Development
-Major Historic Development
-Conceptual Historic Development
-Final Historic Development
-Substantial Amendment
o Relocation (temporary, on or off-site)
o Demolition (total demolition)
o Historic Landmark Lot Split
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (descri tion of roposed buildings, uses, modifications, etc.)
s1t>R\L- 1)'PSI~
Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
~
~YMiw AV~.
F:I~~I ~,gWr~. rT
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Proposed % of demoliti
Existing:
Existing:
Existing:
Commercial net I sable:
Number ofresiden . al units:
Number of bedroom .
Proposed:
Proposed:
Proposed:
Floor ,A.rea:
DIMENSIONS: (write nla were no requirement exists in the zone district)
Proposed:
Height
Principal Bldg.:
Accessory Bldg.:
On-Site parking:
% Site coverage:
% Open Space:
Front Setback:
Rear Setback:
Combined FrontlRear:
Indicate N. S. E. W
Side Setback:
Side'Setback:
Combined Sides:
Existing:
Existin .
Existing:
Existing:
Existing:
Existing:
Existing:
Distance between
buildings:
Existing:
Allowable:
Allowable:
Allowable:
Required:
Requ~d'
qM:
Required:
Required:
Required:
Required:
Required:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
Variations requested (identify the exact variances needed):
tJ
-----
i
/ 1-__--- /,/
/ / --------~,/ ---~-
/ / ,
/
/
i
~Hifir I.
INTEGRITY ASSESSMENT- WRIGHTIAN
Integrity is the ability of a property to convey its significance.
· LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
5 - The structure is in its original location.
3 - The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
o - The structure has been moved to a location that is dissimilar to its original
site.
Staff Response: 5 points are merited. This strncture is in its original location.
TOTAL POINTS (maximum of5) = 5
· DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style of a property.
BUILDING FORM
10- The original plan form, based on authenticating documentation, is still
intact.
6 - The plan form has been altered, but the addition would meet the design
guidelines.
o - Alterations and/or additions to the building are such that the original form
of the structure is obscured.
Staff Response: 10 points are mcrited. The structure was built in 1961 with an
addition addcd in 1963 by Robin Molny, which was intended from the outset of the
project.
ROOF FORM
10 -The original roofform is unaltered.
6 - Additions have been made that alter roof form that would meet the
current design guidelines. The overall horizontal emphasis and wide
overhangs have been maintained.
o - Alterations to the roof have been made that obscure its original form or
that detract from its horizontal emphasis.
Staff Response: 10 points are merited. According to historic photographs and a site
visit, the roof form remains unaltered.
- I
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,
1
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SCALE
5 - The original scale and proportions of the building are intact.
3 _ The building has been expanded but the scale of the original portion is
intact and the addition would meet the design guidelines.
o - The scale of the building has been negatively affected by additions or
alterations.
Staff Response: 5 points are merited. The small two story scale and proportion of
the structure and the sunken private courtyard remain intact.
SOLIDNOID PATTERN
10 -The original pattern of glazing and exterior materials is intact.
6 -The original pattern of glazing and exterior materials has been altered
but in a manner that would meet the design guidelines.
0- The original pattern of glazing and exterior materials is altered.
Staff Response: 9 points are merited. The pattern of exterior brick, redwood, and
glass are original. A score of 9 is awarded because the redwood is painted.
CHARACTER-DEFINING FEATURES
10-The horizontal form, relationship to the environment through battered
foundation walls, cantilevered floors and/or porches, clear areas of glazing
which create visual connections to the outside and the inside, and the
effect ofthe roof plane hovering over the ground are intact.
6 -There are minor alterations to the horizontal form, relationship to the
environment through battered foundation walls, cantilevered floors and/or
porches, clear areas of glazing which create visual connections to the
outside and the inside, and the effect of the roof plane hovering over the
ground.
o _ There have been major alterations to the horizontal form and design
features that relate the building to its environment.
Staff Response: 8 points are merited. Wrightian style is evident in the horizontal
emphasis and visual connections between outside and inside by bringing exterior
material of redwood and brick into the interior space. The roof form is not entirely
Wrightian, but exemplifies Molny's understanding and response to his environment,
which is a Wrightain tenet. The original features are intact.
TOT AL POINTS (maximum of 45) = 42
· SETTING Setting is the physical environment of a historic property.
5- The physical surroundings are similar to that found when the structure was
originally constructed.
3- There are minor modifications to the physical surroundings but the changes
conform to the design guidelines.
0- The physical surroundings detract from the historic character of the
building.
Staff Response: 4 points are merited. There is an increase in density in the
neighborhood of the structure; however, the original private setting of the
Hearthstone House is not largely affected. The sunken courtyard continues to
function as originally intended by providing privacy and masking noise from the
street. The Hearthstone sits on the busy intersection of Hyman Avenue and South
Aspen Street, two and a half blocks down from Lift lA and just outside of the
downtown center. A designated Victorian era single story wood structure sits
diagonally across the intersection at 201 East Hyman.
TOTAL POINTS (maximum of 5) = 4
· MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR SURFACES
15- The original combination of exterior wall materials and glazing are intact.
10- There have been minor alterations to the original exterior wall materials
and glazing made in a manner that conform to the design guidelines.
5- There have been major changes to the original combination of exterior
wall materials and glazing.
0- All exterior wall materials and glazing has been replaced.
Staff Response: 14 points are merited. The original combination of exterior wall
materials is intact. Redwood panels and brick are authentic to the 1960s
construction. One point is deducted because the redwood panels are painted light
brown; however the original rough sawn wood is evident beneath the paint, which
could be removed to restore the original look of the redwood.
DOORS AND WINDOWS
10- All or most of the original door and window units are intact.
5 _ Some of the original door and window units have been replaced but the
new units would meet the design guidelines.
o _ Most of the original door and window units have been replaced with units
that would not meet design guidelines.
Staff Response: 10 points are merited. All of the original custom made doors and
redwood window units are intact, including window screens.
TOTAL POINTS (maximum of 25) = 24
. WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
COMPOSITION
15 _ The structural composition that distinguishes the stylistic category of
Wrightian is intact. Materials are usually natural and hand worked; such
as rough sawn wood timbers and brick. Brick is generally used as a base
material, wall infill or in an anchoring fireplace element. Wood
structural systems tend more toward heavy timber or post and beam than
typical stud framing. Structural members and construction methods are
usually expressed in the building. For example; load-bearing columns
may be expressed inside and out, the wall plane is then created by an
infill of glass or brick.
10- There have been some alterations to the structural composition, but the
changes would meet the design guidelines.
o - There have been some alterations to the structural composition, and the
changes would not meet the design guidelines.
Staff Response: 13 points are merited. The materials used throughout the interior
and exterior of the building, rough sawn redwood and brick, are distinctly
Wrightian. Brick comprises the base elements, column, and central fireplace, and
rough sawn redwood panels are found on the first and second stories between large
panes of glass.
FINISHES & COLOR SCHEME
5 - The natural color scheme and finishes that define the stylistic category of
Wrightian is intact.
3 - There have been minor alterations to the natural color scheme and finishes
that define the stylistic category of Wrightian.
0- There have been significant alterations to the natural color scheme and
finishes that define the stylistic category of Wrightian.
Staff Response: 3 points are merited. The roughsawn redwood panels are painted
brown, which can be carefully removed.
TOTAL POINTS (maximum of 20) = 16
TOTAL SCORE BY STAFF= 91 This score reflects the intact nature of original
materials and authentic building form. A fusion of European style and Wrightian
principles are evident in the interior and exterior architecture, which reflects the
Aspen community during its renaissance in the 1960s and 70s.
MAXIMUM NUMBER OF POINTS= 100
MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS
Note: Each area of the integrity analysis includes a description of the circumstances
that might be found and a point assignment. However the reviewer may choose
another number within the point range to more accurately reflect the specific
property.
6 November 2006
STAN CLAUSON ASSOCIATES, INC
Planning. Urban Design
Landscape Architecture
Transportation Studies
Project Management
Ms. Sara Adams
Historic Preservation Planner
City of Aspen
Community Development Department
Aspen, CO 81611
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970_925_2323
FAX: 970.920.1628
E-MAIL: info@scaplanning.com
WEB: www.scaplanning_com
Re: Opposition to Hearthstone House historic designation, 134 East Hyman Avenue
Dear Sara:
On behalf of the owners of the Hearthstone House, I am writing to express their
opposition to the historic designation of this structure. In worksessions before the
Historic Preservation Commission, our firm, along with David Brown, AlA of Stryker
Brown Architects, has presented information to show that the building does not reflect
significant architectural or historical qualities worthy of designation.
Moreover, the owners have determined that the lodge in its present form is not
economically viable and intend to pursue a redevelopment of the site. Unfortunately, the
structural and design aspects of the existing building do not permit a remodeling or
reconstruction that would retain existing features of the building, such as might be
required if the building were designated.
Attached is an analysis of the Hearthstone House by Lisa Purdy, a qualified historic
preservation consultant. We believe that Ms. Purdy's findings support the contention that
this building is not a worthy candidate for historic designation. We understand fully the
goals of historic preservation in Aspen and have consistently supported these goals.
However, while the existing buildings may be regarded affectionately for various
reasons, we do not believe that this structure offers public benefits consistent with the
City of Aspen Land Use Code so as to warrant listing on the Inventory of Historic Sites
and Structures. Rather, more significant benefits could be derived from a redevelopment
of the site, consistent with the Code, to ensure the economic viability of its role as a
lodging facility.
We look forward to presenting additional testimony at the City Council public hearing.
Attachment: Report from Lisa Purdy Consulting, dated 1 November 2006
PLANNING AND DESIGN SOLUTIONS FOR COMMUI\,l/TlES AND PRIVATE SECTOR CLIENTS
Lisa Purdy
Consulting
........8
121 Pearl Street
Denver, CO 80203
Ph (303) 733-7796
Fax (303) 733-7110
From:
Date:
Re:
Aspen Historic Preservation Commission (HPC)
Ms. AITrf Guthrie, Ms. Sara Adams
Ms. Lisa Purdy, Lisa Purdy Consu~ing
November 1 , 2006
Hearthstone House, 134 East Hyman Avenue, Aspen, CO
Memo to:
Thank you for the opportunity to look into the historic significance of the Hearthstone House. I
look forward to discussing my thoughts with you at the November 8 hearing. I thought it would
be helpful to share ITrfviews with you ahead of time in writing.
;
Backoround
I'd like to let you know aboutlTrf role as the historic preservation advisor to this project. As
many of you know, I've been involved in the field of historic preservation for almost thirty years,
and have been widely recognized as an expert in the field. I've written books on the subject,
have lectured at national conferences, was responsible for the creation of the LoDo district in
Denver, have been the subject of numerous books and films, and have received awards both
locally and nationally. I also was awarded a one-year fellowship to Harvard University in 1967 to
research preservation policy. Probably most importantly, I've been working extensively in Aspen
and Pitkin County for the last 25 years, doing historic research and working on the designation
of various proflerties.
As an advisor to the current owner of the Hearthstone House, I have tried to be as objective as
possible in determining the qualifications the building has for historic designation in Aspen.
However, I'm aware it's uitimately up to you to make that determination based on the goals,
legal parameters, and context of Aspen.
Methodoloov
To prepare my analysis I've done the following:
. Viewed and stayed in the building,
. Done research into "Wrightian" style houses/buildings,
. Looked at drawings and renovations that have taken place over the years,
. Spoken with Irma Prodinger (the original owner), and Charles Paterson (former owner
and architect ofThe Boomerang Lodge),
. Reviewed memos, photos, and files from the city staff,
. Reviewed plans, building permits, and drawings for the original building and the
additions,
. Reviewed other buildings designed by Robin Molny.
Findinas
The architect, Robin Molny, born in 1928, was an apprentice to Frank Uoyd Wright from 1949
until approximately 1954. As noted in the Taliesin Fellows Newsletter (October 15, 2001)
Molny's work there included supervision of the Greenberg House in Dousman, Wisconsin. While
in Aspen. Mr. Molny was the architect of the downtown pedestrian mall, the Aspen Athletic Club
2
and the Mason & Morse building as well as some other residential buildings. Mr. Molny died in
1997 in Aspen. In the City of Aspen's write-up of Modernist Architecture, Mr. Molny has the
smallest description of all the architects mentioned. The two most noted architects mentioned
were Fritz Benedict and Herbert Bayer.
From interviews and building permits, I learned that the original part of Hearthstone House
(approximately 1440 square feet) was completed in 1962, and the two-story addition (1530
square feet) was added in 1963 (possibly completed in 1964), Robin Molny was the architect on
both sections. Canadian Gail Koch is listed as the owner, atthough Irma Prodinger indicated she
was an owner as well. The construction is brick and frame.
Ms. Prodigner said they chose Robin Molny as the architect because they wanted an architect
to design something American. They would have chosen Fritz Benedict but, because of his
popularity, he was too busy and too expensive. Mr. Molny was just starting out on his own, so
they chose him to design the hotel.
The roof is listed as "gambrel" and "gable" style on the building permits, with a 6/12 pitch. I
would say the roof is more of a dual-pitched, partly mansard and partly hip design _ but
uttimately would say it defies classification. Right now the heavy landscaping covers the form of
the roof, but if you'look at some of the older photos one can see more of how the roof is shaped.
Through conversations with Ms. Prodigner, Ileamed the roof was designed with the odd, steeply
pitched long ends to provide more privacy to the lodge from the street. Ms. Prodigner said she
told Molny she didn't want the roof to be the typical box shape that is characteristic of many
Wright buildings, nor did she want a flat roof (even though part of the roof is flat). Contrary to the
staff memo (July 26, 2006), Ms. Prodigner did not ask Molny to design a roof "that recalled
Austrian architecture into the design." Indeed, Irma said she Intensely disliked Austrian design in
Aspen, so wouid never have encouraged that.
The roof design is quite contrary to 'Wrightian" principles, which call for roofs that soar and
seem to float above the building. Frank Lloyd Wright designed his roofs with large Cantilevered
ends to mimic the cantilevers of tree branches. In its memo, staff concurred with this, stating,
''the roof does not appear to 'float' above the ground in typical Wrightian form".
The photo above (Resource #1) shows the Robie House designed by Frank Lloyd Wright in
1909. It typifies his theories about roofs and demonstrates a reversal from the more
traditional and earlier (Victorian) roofs. "To achieve this radical reversal he relied on the
cantilever, a significant projection of structure beyond any base or point of direct support. As he
recognized the latent expressive power of the cantilever, Wright grasped his first formative
3
principle. Nothing but the cantilever could so daringly assert the horizontal or so grandly
culminate a series of planes paraDe! to the earth." (#4)
These two early black and white photos of the Hearthstone House (from the original owners'
files) are useful because, due to the absence of landscaping, they clearly delineate the lines of
. the roof. You can see that the roof dramatically closes down on the comers, and appears to
weigh down the entire building. The colored photo was taken in 2006.
Wright specifically despised elements that
would 'close down the building". Instead he
'changed the conclusion of the building into a
beginning, a v~al zone of lateral thrust into the
landscape." (Resource #4, Page 14)
Another significant Wrightian characterislic was his use of a continuous series of windo_
(usually easement style) that gain the rtJythm of a folding _n In their repetitiveness.
"The opened casement also became a small cantilever in answer to the majestic cantilever of
the roof. But the casements reached their highest purpose only when grouped into a series, as
a horizontally continuous light-screen." (Pg 18, #4) This characteristic is most prevalent on the
upper stories of two-story WrigtTl buildings, adding to the affect of a floating roof. This
characteristic is nat present on the Hearthstone House. Here, the windows are largely picture
windows with casements on e~her end, w~h plywood in between. Because of the roof design,
the corners are plywood triangles on the upper level. On the sides and rear of the building, there
is even less glazing and far less adherence to the principle.
4
Other elements that work aaainst Wriahtian orincioles on Hearthstone House:
>> The square masonry columns and the 2". level posts supporting the roof, belies the
cantilevered affect of the roof in the middle portian of the building even further. Most
often Wright would pull these columns out from the building so they would lose their
structural nature - thus adding to the affect of a floating roof.
>> The north fa~de of the building (on the alley) has been added onto several times with an
open porch and an additional overhang that interrupts the lines of the building
>> The south fac;:ade is obscured by a tall wooden fence with vertical slats -not a typical
Wrightian typolagy, but original to the design by Molny. Furthermore, this wall is
covered with a large storage shed that tucks in under, and is in line with the eaves,
obscuring the architectural integrity of the roof and eaves.
>> The 1990s changes to the property include large expanses of inappropriate flagstone for
the patio and steps, and a glass and metal walVrailing.
5
However, there are some part of the building that reflect Molny's training at Taliesin.
The elements include:
~ The first story band of low horizontal brick and other elements that give the building a
horizontal feel,
~ Banding on the eaves of the shallow hip roof -forming a continuous horizontal line,
~ The broad, flat chimney (visible from the street leveQ that is central to the building,
~ The fact that the windows and many of the other elements of the project were built on-
stte using natural materials,
~ The glass enclosure wtth mitered corners in the first floor lobby that allow the lines
between inside and outside to be blurred,
~ The windows as viewed from the courtyard read as largely horizontal and contain at
least some casements.
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Intearitv Analvsis
While I generally agree with the total number on the Integrity Assessment done by staff, I don't
agree with some of the comments. There are two Integrity Assessments in staff memos _ one
under the Modernist criteria, and one under the Wrightian criteria. Since the Wrightian
assessment was the latest one (July 26, 2006), I assume that is the form most relevant from
staff's perspective. I disagree with the comments under the "Character Defining Features"
category. If the intent in this section is to determine whether the roof has been allered from its
original design. then I would say it deserves a high score, since it has not been altered. (See
older photos.)
However, if the intent is to determine whether the building contains Wrightian features. then I
would say the building deserves a lower score, because the most important roof doesn't come
close to having '~he effect of the roof plane hovering over the ground". Furthermore, I find the
language used by staff to justify the score to be troublesome: "The roof form, which resembtes
an Austrian style, is not entirely Wrightian and results from the cHent's desire for a 'strong roof'.
Character defining features of Hearthstone are the distinctive combination of European and
Wrightian stytes. I don't find the statement to be justified, based on the original owners' own
words as well as the style of the building.
I think this issue points out one of the weaknesses of the Integrity Assessment form. The form
seems to cross back and forth between giving high scores because a building still has its
original design vs. scores based on the building's adherence to certain stylistic principals. The
Hearthstone House in particular seems to be caught in this trap.
Conclusions
The Hearthstone House meets the designation criteria of being at least forty years old. Both the
original building and the addition were completed within this time frame. And the building has
not been altered in any irreversible ways through the years. Most of its character-defining
characteristics remain unchanged, despite mulliple owners. However, even though the building
remains unchanged, I don't think the building has enough distinction and architectural merit to
begin with, to meet the criteria for designation in Aspen.
The building is clearly a mix of styles. While we know that Robin Molny studied at Taliesin and
that the design for Hearthstone House has some Wrightian influences, it iacks two of Wright's
most important characteristics - the floating cantilevered roof, and the series of casements or
frieze of glass under the roof. The Wrightian influences that do exist elsewhere on the building
are overshadowed, in my opinion. by not incorporating these most important elements. II's not
enough to just tick off Wrightian elements on a list to determine conformity to the principles of
Wright. You need to prioritize which elements are most important first, and then see whether the
building holds up. I believe there are other Wright-influenced buildings in Aspen that could stand
the test more definitively, such as the building at 120 E. Main Street.
Staff described the Hearthstone House as a "fusion of European style and Wrightian principles.,
and said '~he combination of Wrightian and European design represents a fusion of architect
Robin Molny and Austrian owner Irma Prodinger through architecture, which is very illustrative of
the design influences in Aspen post World War II. " As stated earlier, we know that Ms.
Prodinger didn't want anything European in the design, and I see nothing on the building that I
would singularly call "European".
6
7
I find it hard to justify designation under the category (a) chosen by staff - that the Hearthstone
House represents "an event. pattern, or trend that has made a significant contribution to local.
state, regional or national history." Staff's justification - that the "architecture communicates
the renaissance of Aspen as a ski town that attracted European entrepreneurs and talented
professionals" is somewhat vague. After all, we know that one of the original owners of the
building was Canadian, not European. And I don't see how the building communicates the
renaissance of Aspen. I think it would be more helpful to construct a better definition of exactly
what characteristics a building would have to have, to fit under this label.
I've stated earlier that I don't believe the building meets the most essential characteristics of
Wrightian design, but I also don't find this building stands up based on Molny's design talents.
Robin Molny has other buildings or places in Aspen that may be more indicative of his talents
such as the downtown pedestrian mall or the Aspen Athletic Club. The Hearthstone House is
one of his earliest works in Aspen and, in my opinion, shows a lack of commitment to his own
style.
I would also question why this building has not shown up on any of the historic inventories over
the past several years. Even as recently as last year, when an update to the historic inventory
was performed, this building was not included. My guess would be that others also thought the
building was not significant enough to consider designation.
Even though I believe the Hearthstone House is a handsome building and a charming place to
stay, compelling reasons for designation do not appear to be present. My best judgment would
leave me to conclude that the building lacks the significance either architecturally or historically
to qualify for historic designation under the criteria in Aspen.
I understand some segments of the community would like to retain the scale of buildings like the
Hearthstone House, and preserve as much as possible in Aspen. On the other hand, there are
many in Aspen that believe preservationists are reaching too far to include buildings that don't,
in their opinion, have enough merit to be considered historic- particularly when the
consequences of designation can be so onerous to the property owner.
In the end, though. it's really a question for all of you to decide whether the Hearthstone House
meets the criteria of Aspen's landmark ordinance. I would ask that you consider all of these
issues when making your decision.
I am happy to discuss any of this with you at the HPC meeting in November.
Resources:
1. Historv of Art, H. W. Janson, photo from page 540
2. National Register Bulletin - How to Apply the National Register Criteria for Evalustion.
3. A Field Guide to American Houses, by Virginia and Lee McAJester
4. Understandino Frank L10vd Wricht's Architecture. by Donald Hoffman.
\)( a..
MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
.JA~
THRU: Joyce Allgaier, Deputy Development Director
FROM: Jessica Garrow, Plannerc:!lt1
RE: Stage III Building Redevelopment (625 E. Main St) - Subdivision Review
_ Second Readinl!: of Ordinance No. 41, Series 2006
(CONTINUANCE REQUEST)
MEETING DATE: November, 13 2006
Aspen Main Street Properties LP, the Applicant for the Stage III redevelopment has
requested a continuance for their second reading. This continuance will enable the
applicant to provide a more detailed 3D model. The continuance request is for November
27th. The full second reading packet will be provided for the continued meeting date.
Staff will be available at the November 13th meeting to answer any questions about this
continuance.
A.spen..
. Main Street Properties, LP
MEMORANDUM
TO: Jcssica Garrow, Planncr
RE: Stagc III Building RedeveIopmcnt (625 E. Main St) - Subdivision Review
CONTINUANCE REQUEST
MEETING DATE: November, 132006
Aspen Main Street Properties LP, applicant for Stage III redevelopment, would like to
request a continuance for our second reading. This continuance will enable us to
complete a more detailed 3D model. The continuance request is for November 27'h.
14881 Quorum Drive. Suite 200 Dallas, Texas 75254-6781 972.490.9190