HomeMy WebLinkAboutagenda.council.regular.20070827
CITY COUNCIL AGENDA
August27,2007
5:00 P.M.
I) Call to Order
II) Roll Call
III) Scheduled Public Appearances
IV) Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the
agenda. Please limit your comments to 3 minutes)
V) Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI) Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #64, 2007 - Contract Cardio Equipment
b) Resolution #65,2007 - Budget Analysis Contract
c) Resolution #66, 2007 - Contract Wheeler sound equipment
d) Resolution #67,2007 - Annexation Plan
e) Minutes-August 13, 2007
VII) First Reading of Ordinances
a) Ordinance #36,2007 - North of Nell PUD P.H. 9/10
b) Ordinance #37, 2007 - Amending Ord. 51, 2006 - commercial core moratorium PH 9/24
c) Ordinance #38, 2007 -Charter amendment-Instant Runoff voting - Majority vote for
council
VIII) Public Hearings
a) Lodge at Aspen Mountain - Further proceedings
b) Ordinance #24,2007 - Vacation of Dean Street
c) Resolution #68, 2007 - Appeal of Com Dev Director regarding commercial core
moratorium
d) Ordinance #35, 2007 - Charter Amendment - Instant Runoff Voting
e) Ordinance #34,2007 - Charter Amendment - Term of Mayor
f) Resolution #63, 2007 - Amending Council Rules and Regulations
g) Ordinance #28,2007 - Cooper Avenue Pier Redevelopment - cont to 9/10
h) Ordinance #29,2007 - Wienerstube Subdivision - cont to 10/9
i) Ordinance #32, 2007 - Code Amendments - Construction Management - cont to 9/10
j) Ordinance #33, 2007 - Code Amendments - Noise Abatement - cont to 9/10
k) Resolution #53, 2007 - Smuggler Affordable Housing Conceptual Review - cont to 9/10
IX) Action Items
a) Resolution #69, 2007 - Ballot Question - Hydroelectric bond
b) Resolution #70,2007 - Ballot Question - Hydroelectric open space
c) Resolution #71, 2007 - Ballot Question - City transit sales and use tax
d) Resolution #72, 2007 - Ballot Question - Stormwater property tax
X) Adjournment
Next Regular Meeting September 10, 2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
Ve-AnA
2
Jim Markalunas v
624 W. North Street
Aspen, CO 81611
August 26, 2007
Congratulations to the Aspen City Council
I wish to commend the City Council and its staff for initiating action to
reactivate hydro- electric power generation near the historic powerhouse
on Castle Creek. Your decision to restore hydro - electric generation is a
mile stone in a long and fabulous history of power generation in Aspen.
In 1892 a young electrical engineer C.E. Doolittle, employed by D.R.0 Brown
Sr. designed and supervised the construction of a most modern facillity for
its time. This powerplant provided Aspen and the Roaring Fork Valley with
clean electric power and lights for some seventy years through the mining -
days and into the rebirth of Aspen. Then, in 1962, a poor decision was
made to scrap the turbines in order to make room for a maintenance shop.
Having worked many a shift at the old powerhouse, it was a sad day for
me to witness the lack of foresight in preserving the turbines of this
historic powerhouse.
Now we all can rejoice in the restoration of clean and renewable hydro-
power for Aspen. Future generations will thank you. I hope to see, once
again, a turbine spin at this historic site and participate in its dedication.
Si erely and with gratitude,
• Markalunas
a
1
1
Jim Markalunas
624 W. North Street
Aspen, Colorado 81611
A Memorandum to the Aspen City Council
August 26, 2007
RE: A Citizen's Comments on Bear, Trash, Traffic and Transit Problems
Dear Councilpersons:
I wish to commend the City Council on its recent decision to "get tough" with the "trash problems' that continue to
exacerbate our "bear problems ". Enforcement with stiff fines just might help to persuade negligent homeowners and
property managers to secure their trash from hungry bears. This is a very serious problem, due to the lack of any
natural foods i.e. berries and acorns, resulting from the hard freezes this past May.
Kudos to Susan O'Neal on her two letters: "What happened to the Quiet Years ?" and "Light Rail for the Good of
the Whole ". Traffic is out of control and enforcement is desperately needed to curb speeders racing through stop
signs in the West End which are ignored by SOs in SUVs with a cell phone stuck in their ear. Stop signs need to be
enforced by the police department and speed bumps installed where practical.
What has been the result of our success? No longer is Aspen the serene and tranquil place of bygone years. Our
streets are congested with vehicles. The smell of diesel exhaust permeates the air. At times, air pollution endangers
health. The wail of sirens disrupts reflective thought. The constant noise of traffic reverberates through the entire
town. Main Street is a continuous flow of heavy trucks and cars crawling through traffic lights that back -up vehicles
in a pall of exhaust fumes. Hapless pedestrians risk life and limb in an attempt to cross Main Street. At times, a
wall of traffic divides Aspen and our streets become giant parking lots!
Amen! to Roine St. Andre's great letter, "Construction Catastrophes ". The plague of vehicles is the consequence of
our construction growth. Unless we devise a plan to check its proliferation, we will become just like LA.
1 propose we take charge of our future and relegate all rubber tire transportation to second place. In the past, this
community has shown leadership with vision in working toward a rail solution. A rail plan approved by the voters
will give us an opportunity to preserve our environment and quality of life in Aspen. Using a much more efficient
"steel on steel" light -rail technology, powered from renewable electric energy such as hydro, solar and wind power,
will provide a viable transit future for our citizens and reduce the environmental impacts of the combustion engine
on the quality of life in the Roaring Fork Valley.
Beware of bus systems disguised as "BRT" (Bus Rapid Transit). To paraphrase: "If it looks like a bus and
drives /rides like a bus it must be a bus." A busway can easily be changed to a defacto highway lane (4 lanes ?) with
just a few easy paint stripes.
The success of Aspen, has become Aspen's dilemma. Unless we as a community manage our construction growth;
we will certainly destroy Aspen. The future of Aspen will be determined by our actions. Let us work together to
restore tranquility to our community.
S cerely, Markalunas
'II L.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
THRU:
JEFF WOODS, MANAGER OF PARKS & RECREATION
FROM:
TIM ANDERSON, RECREATION DIRECTOR
DATE:
AUGUST 20, 2007
RE:
CONTRACT TO PURCHASE REPLACEMENT CARDIO
EQUIPMENT FOR THE ASPEN RECREATION
CENTER
Summary:
Staff is seeking approval of the attached Supply Procurement Agreement in the amount
of $44,827.40 for the purchase of replacement Cardio Equipment at the ARC. The
current equipment is nearing 4 years of use and is in need of replacement. Council will
notice on attachment" A", a list of the equipment being purchased and that we are
receiving a trade in value for the existing equipment.
The new equipment will have the TV systems mounted on the unit itself with sound
incorporated for the enjoyment of each individual user. Currently there are 3 televisions
mounted on the wall which can be heard through headphones or by turning up the volume
in which case everyone must listen to the same program. The new system will allow
each user to watch and listen to the program of their choice without disturbing others.
Previous Council Action:
In February of 2004; after much concern from the community regarding the lack of
fitness equipment at the ARC, Council approved the installation of such equipment which
generated over I years time, a 20% increase in additional pass holders at the ARC. This
20% increase amounted to about $80,000 of additional revenue each year, more than
covering the cost of the equipment purchase.
Background:
Upon opening the ARC staff heard an immediate outcry from the community regarding
the lack of fitness equipment in the Recreation Center. Staff sent out requests for
proposals on several types of cardio equipment and resistance weight equipment to meet
the requests of the community. We found Precor cardio equipment to be the best
commercial application equipment for the ARC's needs, and the equipment has
performed well.
Discussion:
While the installation of fitness equipment in the ARC realized a 20% increase in revenue
through pass sales, due to the outcry of the public for fitness equipment following the
opening of ARC it is difficult to calculate the number of pass holders who were retained
by the addition of fitness equipment and thus avoiding a reduction in revenue.
The equipment identified in attachment "A" will now have the TV monitor and sound
mounted on the unit itself. Currently there are 3 TV's in the fitness room which must be
shared along with a different sound system which has difficulty transmitting a signal due
to the high levels of steel in the ARC. The new system is connected directly into
Comcast Cable and the picture and sound will be much improved, while allowing each
member to watch or listen to their own programming.
Financial/Budget Impacts:
Funding for the replacement of this equipment is coming from the Asset Management
Program (AMP). Without the maintenance and replacement of the cardio equipment at
the ARC would see drastic reductions in the generation of revenues and thus a higher
subsidy level. The fitness rooms don't require any additional staff for operation.
Recommended Action:
Staff is recommending the approval of the attached Supply Procurement Agreement as
the fitness rooms generate a great deal of revenue for the ARC without adding
significantly to operational costs.
'City Manager Comments: . ~ ~ ~ .~
~~~~ ~ (J4 /w.f4aw.
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Attachments:
"A" Price Quote and list of equipment being purchased.
RESOLUTION NO. Cf/
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR PURCHASE OF REPLACEMENT CARDIO
EQUIPMENT IN THE ASPEN RECREATION CENTER, BETWEEN THE CITY OF
ASPEN AND FITNESS SYSTEMS, 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 purchase
of replacement cardio equipment for the Aspen Recreation Center, between the City of
Aspen and Fitness Systems, 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
purchase of replacement cardio equipment for the Aspen Recreation Center, between the
City of Aspen and Fitness Systems, 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
,2007.
Michael C. Ireland, 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
G: \tara\RESOS\ARC.cardio.doc
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Page 1 of2
1266 E WOODMEN RD<>COLORADO SPRINGS, CO 80920<>719-594-6969<>FAX 719-594-6912
FITNESS SYSTEMS
PRICE QUOTATION
Quote # ARC 4,17.07 A
DATE: 4/17/2007
ATTN: PAUL
BILL TO: ARC
SALESPERSON: ERIKHAESSL Y
ATTN:
BILL TO:
VALID FOR: 30 DAYS
ADDRESS: 0861 MAROON CREEK RD
COLO SPGS, CO 81611
ADDRESS:
PHONE: 970-544-4106
PHONE:
FAX:
FAX:
QTY ITEM NUMBER DESCRIPTION UNIT PRICE TOTAL
. $ -
$ -
3 PCC956i PRECOR C956i HEAVY COMMERCIAL TREADMILL $ 5,995.00 $ 17,985.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS,WI CANTILEVERED HANDRAILS, 26 PROG. $ -
DUAL HEARTRATE, -0% INCLINE TO 15 % INCLINE, $ -
16 MPH TOP SPEED, SHIFT ON FLY PROGRAMS $ -
. LIST PRICE: $9295 $ -
2 PCC5761 PRECOR 5761 HEAVY COMMERCIAL ELLIPTICAL $ 5,890.00 $ 11,780.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS, 14 PROGRAMS, UPPER BODY & $ -
ADJUSTABLE RAMP, DUAL HEART RATE $ .
SHIFT ON THE FLY PROGRAMS $ -
LIST PRICE: $8195 $ -
1 PCC5461P PRECOR 5461 HEAVY COMMERCIAL ELLIPTICAL $ 5,090.00 $ 5,090,00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS, 10 PROGRAMS, ADJUSTABLE $ -
RAMP, DUAL HEART RATE, SHIFT ON THE $ -
FLY PROGRAMS $ -
LIST PRICE: $7495 $ -
$ -
2 PCC846iR PRECOR C846i HEAVY COMMERCIAL RECUMBENT $ 3,145.00 $ 6,290.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS,12 PROGRAMS, DUAL HEARTRATE $ -
SHIFT ON THE FLY PROGRAMS $ -
LIST PRICE: $4795 $ -
$ -
$ -
I EQUIPMENT TOTAL PAGE 1 $ 41,145.00
.
Page 2 of 2
1266 E WOODMEN RD<>COLORADO SPRINGS, CO 80920<>719-594.6969<>FAX 719-594-6912
FITNESS SYSTEMS
PRICE QUOTATION
Quote # ARC 4.17.07 A
QTY ITEM NUMBER DESCRIPTION UNIT PRICE TOTAL
$ -
.
$ -
2 PCC846iU PRECOR C846i HEAVY COMMERCIAL UPRIGHT $ 2,875.00 $ 5,750.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS,12 PROGRAMS, DUAL HEARTRATE $ -
SHIFT ON THE FLY PROGRAMS $ -
LIST PRICE: $4595 $ -
$ -
1 PCCAMT PRECOR AMT ADAPTIVE MOTION TECHNOLOGY $ 6,695.00 $ 6,695.00
USER - DEFINED STRIDE, 4 PROGRAMS $ -
(NOT AVAILABLE UNTIL MID TO LATE FALL) $ -
LIST PRICE: $9500 $ -
$ -
$ -
TRADE-IN 3 YEAR OLD EXERCISE EQUIPMENT $ -
$ -
3 USED USED PRECOR 956 TREADMILL $ (1,000.00) $ (3,000.00)
2 USED USED PRECOR 546 ELLIPTICAL $ (1,000.00) $ (2,000.00)
1 USED USED PRECOR 556 ELLIPTICAL $ (1,000.00) $ (1,000.00)
3 USED USED PRECOR 846 UPRIGHT BIKE $ (500.00) $ (1,500.00)
2 USED USED PRECOR 846 RECUMBENT BIKE $ (600.00) $ (1,200.00)
1 USED USED PRECOR 764 CLIMBER $ (600.00) $ (600.00)
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TERMS: NET 30 I EQUIPMENT TOTAL $ 44,290.00
DISCOUNT $ 2,000.00
SUB-TOTAL $ 42,290.00
TAX
Please print name above and sign below. TOTAL WITH TAX $ 42,290.00
FREIGHT $ 2,537.40
GRAND TOTAL $ 44,827.40
DEPOSIT REQUIRED FOR ORDER
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered ihto, this 10th day of August, 2007 between
the City of Aspen, Colorado, herein after referred to as the "City" and Fitness Systems
herei nafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase cardio equipment
. hereinafter called the UNiTeS) being more fully described and attached herewith as 'Exhibit
A', in accordance with the terms and conditions outlined in the Contract Documents and
any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified
in its Bid.. .
NOW, THEREFORE, the City and tlie Vendor, for the considerations hereinafter set
forth agree as follows:
1. . Purchase. Vendor agrees to sell and City agrees to purchase the UNiTeS) as
described in the Contract Document and more specifically in Vendor's Bid for
the sum of $44,827.40 Dollars. . .
2. Delivery. 'Aspen Recreation Center
0861 Maroon Creek Rd
Aspen, CO 81611
3. Contract Documents: This Agreement shall include all Contract Documents as
the same are listed in the Invitation to Bid and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. Please supply copies of, .
5. Successors and Assigns. This Agreement and all of the covenants hereof shall
inure to the benefit of and be binding upon the City and the Vendor respectively
and their agents, representatives, employee, successors, assigns and legal
representatives. Neither the City nor the Vendor shall have the right to assign,
transfer or sublet its interest or obligations hereunder without the written consent
of the other party,
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom
Vendor or City may assign this Agreement in accordance with the specific
written permission, any right to claim damages or to bring any suit, action or
other proceeding against either the City or Vendor because of any breach hereof
or because of any of the terms, covenants, agreements or conditions herein
contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be
mnstrued, or operate as, a waiver of any subsequent defau It of any of the terms,
covenants or conditions herein contained, to be performed, kept and observed
by the other party,
8. Agreement Made in Colorado. The parties agree that this Agreement was made
in accordance with the laws of the State of Colorado and shall be so construed.
Venue is agreed to be exclusively in the cou"rts of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs
and reasonable attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction
shall be mad.e or presumption shall arise for or against either party based ori any
alleged unequal status of the parties in the negotiation, review.or drafting of the
Agreement.
11. Certification Regarding Debarment. Suspension, Ineligibility, and Voluntarv
"Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor
its principals is presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in any transaction
with a Federal or State department or agency. It further certifies that prior to
submitting its Bid that it did include this clause without modification in all lower
tier transactions, solicitations, proposals, contracts and subcontracts. In the
event that Vendor or any lower tier participant was unable to certify to the
statement, an explanation was attached to the Bid and was determined by the
City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of
Interest. Vendor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained
by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or appjication, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any sol icitation or proposal therefore.
Vendor represents that no official, officer, employee or representative of the City
during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor,
contractor or subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover,
the value of anything transferred or received by the Vendor; and
4, Recover such value ftom the offending parties.
13:Termination for Default or for Convenience of Citv.The sale contemplated by
this Agreement may be canceled by the City prior to acceptance by the City
whenever for any reason and in its sole discretion the City shall determine that
such cancellation is in its best interests and convenience.
14. Fund Availability. Financial obligations of the City payable after the current
fiscal year.are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. If this Agreement contemplates the
City utilizing state orfederal funds to meet its obligations herein, this Agreement
shall be contingent upon the availability of those funds for payment pursuant to
the terms of this Agreement.
15. Citv Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $10,000.00 it shall not be deemed valid until it'has been
approved by the City Council of the City of Aspen.
16. 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 under this Agreement. Vendor agrees to meet all of the
requirements of City's municipal code, section 13-98, pertaining to
nondiscrimination in employment. Vendor further agrees to comply with the
letter and the spirit of the C;::olorado Antidiscrimination Act of 1957, as amended,
and other applicable state and federal laws respecting discrimination and unfair
employment practices. .
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition,
vendor understands that no City official or employee, other than the Mayor and
City Council acting as a body at a council meeting, has authority to enter into an
Agreement or to modify the terms of the Agreement on behalf of the City. Any
. such Agreement or modification to this Agreement must be in writing and be
executed by the parties hereto.
18.Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an
authorized representative of Vendor for. the purposes of executing this
Agreement and that he/she has full and complete authority to enter into this
. Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this
Agreement to be duly executed the day and year first herein written in three (3) copies, all
of which, to all intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By:
City Manager
ATTEST: -
City Clerk
VENDOR:
r. :J--o"H'SS 5'1 s -fe-.v, S
By:
Tit e
(J
VI ~.
THE CITY OF ASPEN
Memorandum
To:
From:
Aspen City Council
Paul Menter, Director of Finance and Administrati
~e~
Date:
Mtg Date:
Cc:
Re:
8/21/2007
8/27/2007
Steve Barwick, City Manager
Extemal Budget Review --' Professional Services Agreement
SummarY:
Per Council direction from the work session of August 14th, 2007, attached please find a
proposed agreement with Dr. Bill Rivenbark for the independent extemal budget review project.
This project is expected to cost less than $9,500 (not including expenses which are limited to a
maximum of $1 ,500 by the attached agreemen~ Pending Council approval, this analysis and
report can be completed in draft form for Council review by September 18th, 2007. The contract
also calls for a preliminary draft to be available for Mayor and City Manager review on or before
September 7th, 2007.
Dr. Rivenbark plans to travel to Aspen to present the reports results at a scheduled work
session on September 18th.
Analvsis:
This study provides for a review of the City of Aspen all funds budget by an outside consultant.
The study will highlight major policy and financial issues for future attention. Please review the
study's scope of work (attached) for a more detailed description of the work to be completed.
Once completed, this report can be used as the basis for a work plan for the Council requested
citizen task force. The purpose of the task force will be to address major budget policy issues
over the course of the next 12 months.
Recommendation:
Staff recommends approval of the attached agreement.
Manager's Comments: ~ ~ 1 'tr!/1 ~~
~'" 0; 1A~L-
RESOLUTION NO.6..&;
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR INDEPENDENT EXTERNAL BUDGET REVIEW
PROFESSIONAL SERVICES, BETWEEN THE CITY OF ASPEN AND DR.
WILLIAM C. RIVENBARK, AND AUTHORIZING THE MAYOR OR CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Professional Services
Agreement for independent external budget review professional services, between the
City of Aspen and Dr. William C. Rivenbark, 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 Professional
Services Agreement for external budget review, between the City of Aspen and Dr.
William C. Rivenbark, 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
,2007.
Michael C. Ireland, 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
G:\tara\RESOS\finance.budget.doc
AGREEMENT FOR PROFESSIONAL SERVICES
(Under $25,000 Total Compensation)
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Dr. William C. Rivenbark ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
I. Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
2. Completion. Professional shall commence work immediately upon receipt
of a written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than September 30, 2007. Upon request of the City, Professional shall submit,
for the City's approval, a schedule for the performance of Professional's services which shall be
adjusted as required as the project proceeds, and which shall include allowances for periods of time
required by the City's Finance Director for review and approval of submissions and for approvals of
authorities having jurisdiction over the project. This schedule, when approved by the City, shall not,
except for reasonable cause, be exceeded by the Professional.
3. Pavrnent. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended
hereto. Except as otherwise mutually agreed to by the parties, the payments made to Professional
shall not exceed $10,000 in total, including expenses. Professional shall submit, in timely fashion,
invoices for work performed. The City shall review such invoices and, if they are considered
incorrect or untimely, the City shall review the matter with Professional within ten days from receipt
of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for
personal services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to payor be
liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional 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
PS2-971.doc
Page 1
the termination. Upon any termination, all fInished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Contingent Fees. The Professional warrants that slhe has
not employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Indeoendent Contractor Status. It is expressly acknowledged and understood
by the parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefIts
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnifY City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnifY and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims,
and demands, on account of injury, loss, or damage, including without limitation claims arising
from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, 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 the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
PS2-971.doc
Page 2
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverage offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
ro. Completeness of Allfeement. 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.
11. Notice. Any written notices as called for herein may be hand delivered to
the respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
Finance Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
William C. Rivenbark, PhD
Consultant
501 Westminster Drive
Chapel Hill, NC 27514
13. Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of this Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of
any term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement bv Citv. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
-
PS2-971.doc
Page 3
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 ofthe 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 deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
-
PS2-971.doc
Page 4
ATTESTED BY:
By:
Title:
Date:
CITY OF ASPEN, COLORADO:
PROFESSIONAL:
WITNESSED BY:
William C. Rivenbark, Ph.D.
By:
Title:
Date:
-
PS2-971.doc
Page 5
EXHIBIT "A" to Professional Services Agreement
Scope of Work
The consultant shall perform a policy level analysis of the City of Aspen Annual Operating and
Capital Budget in order to determine the financial capacity available, and effort produced, to
achieve the City's major policy objectives in each funding area. This report will be based upon at
least three years of audited financial results and the City's current year operating and capital
budget, and should incorporate wherever possible the City's outcome measure program, and
other operating metrics as a basis for evaluating organizational effectiveness in delivering
services and capital projects based upon adopted budgetary policy.
The report should also comment on the evaluator's assessment of the City's capacity to allocate
resources differently in order to more effectively and efficiently achieve the City's budgetary
objectives.
The report should be organized and the analysis completed on a fund by fund basis,
considering all sources of revenue and all expenditure and transfer categories. Within the
General fund the study should evaluate and comment on the allocation of resources among the
City's various governmental functions, which are organized by department.
The study should identify areas of concern both in terms of sufficiency of funding to produce
desired services and results and also, where practicable the allocation of existing funding to the
City's major service and capital improvement areas.
The Consultant will prepare a written report, for distribution in draft form to the Mayor and City
Manager, by September 7th, 2007. The Consultant will present the findings of the Study to the
City Council in a work session by September 18th, 2007.
The consultant shall not exceed 95 hours of work to complete the study without prior written
approval from the City of Aspen. The total cost of work shall not exceed $ 9,500 (95 hours at
$ 100 per hour plus expenses estimated at $1,500, including travel to and lodging in Aspen).
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
Descri tion
Pre aration of Bud et Re
Travel and Presentation
Follow-up technical
assistance
*Total
Estimated Amount
$6,500 65 hours
$2,000 (20 hours)
$1,000 (10 hours)
$9,500
-
PS2-971.doc
Page 6
*Total cost may vary based on the actual number of hours worked ($100 an hour) and the
actual expenses incurred, which are limited to the following: airfare, parking, ground
transportation, meals, lodging, and copies of training materials. However, the maximum
amount billed cannot exceed $11,000 (hours billed and expenses) with the consultant
submitting no more than two invoices for worked performed.
-
PS2-971.doc
Page 7
'110.
MEMORANDUM
TO:
Mayor and Council
FROM:
Gram Slaton, Wheeler Executive Director
THRU:
ACM Randy Ready; Wheeler Board of Directors
DATE OF MEMO:
14 August 2007
MEETING DATE:
27 August 2007
RE:
Purchase of Soundcraft Vi6 Digital Soundboard Console
SUMMARY: Contract approval is sought for the purchase of a Soundcraft Vi6 digital
soundboard console to replace the existing A TI Paragon soundboard, as per the approved Assent
Management Plan. Staff and Board recommend approval of the request.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The Wheeler Opera House has used an AT! Paragon soundboard console
since its purchase in 1998 for approximately $89,000.00. Technological advances have made the
A TI Paragon relatively obsolete, as anticipated through the AMP replacement schedule, and
current technical standards require replacement with a state-of-the-art digital soundboard
console.
DISCUSSION: Theatre technology is ever advancing, and the latest technological advances
have been in the area of digital soundboard consoles. While replacement of the Wheeler's
resident soundboard console has been scheduled through the Asset Management Plan since early
in this decade, Wheeler management did not feel that such replacement was realistically viable
until such time as the technology had settled down through numerous "beta" trial instruments and
indicated both an industry leader and a clearly superior manufacturer.
Wheeler staff has spent much of the last year fully investigating all of the leading contenders in
the world of sound technology, and after exhaustive research has concluded that there are two
choices for replacement of the AT! Paragon. The Yamaha PM5D is the most widely used of the
new digital soundboards, but is felt even by its users to have a one-size-fits-all sound quality and
does not offer superior performance. The Soundcraft Vi6 is a much newer and more expensive
soundboard console, but can fully display all ranges of sound and lives up to the high standards
that the Wheeler, its user groups, and visiting artists expect from the venue.
The Wheeler followed a standard Invitation To Bid process and feels comfortable recommending
that the contract be awarded to Audio Analysts (Colorado Springs).
FINANCIAL IMPLICATIONS: $89,682.98, inclusive of transportation, set-up, and training.
$150,000 is the amount scheduled in the 2007 AMP.
ENVIRONMENT AL IMPLICATIONS: None.
RECOMMENDATION: Staff and Board recommend approval of the request.
ALTERNATIVES: The Yamaha PM5D could be purchased for approximately $65,000.00;
however, the quality of sound it produces, as well as its lack of ease of operation, is not seen as
being in keeping with the Wheeler's high standards and performance reputation.
PROPOSED MOTION: Council moves to approve Resolution #6t,to contract with Audio
Analysts, for the purposes of purchasing a Soundcraft Vi6 for the Wheeler Opera House.
CITY MAN1\.GER COMMENTS: ~~ ~~ 1 ds
~~o_..r;:..Rn ~ ~A_ ~
_Lf rT
RESOLUTION # ~ {;
(Series of 2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND AUDIO ANALYSTS, INC., FOR THE PURCHASE
OF A SOUNDCRAFT Vi6 DIGITAL SOUNDBOARD CONSOLE AND
PERIPHERALS FOR THE WHEELER OPERA HOUSE AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Audio Analysts, Inc., a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Audio Analysts, Inc., regarding
purchase of a Soundcraft Vi6 digital soundboard console and necessary
peripherals, 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:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held ***
Kathryn S. Koch, City Clerk
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, thiS~ day of August 2007
between the City of Aspen, Colorado, herein after referred to as the "City" and
Audio Analysts hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase a Soundcraft Digital
Vi6 Mixing Console and other components hereinafter called the UNIT(S) being
more fully described and attached herewith as 'Exhibit A', in accordance with
the terms and conditions outlined in the Contract Documents and any
associated Specifications, and Vendor wishes to sell said UNIT to the City as
specified in its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations
hereinafter set forth agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the
UNIT(S) as described in the Contract Document and more specifically
in Vendor's Bid for the sum of Eighty Nine Thousand Six Hundred Eighty
Two Dollars and Ninety Eight Cents($98,682.98).
2. Deliverv. (FOB 320 EAST HYMAN AVENUE, ASPEN, CO)
3. Contract Documents. This Agreement shall include all Contract
Documents as the same are listed in the Invitation to Bid and said
Contract Document are hereby made a part of this Agreement as if
fully set out at length herein.
4. Warranties. (Add Warranty provisions here).
5. Successors and Assians. This Agreement and all of the covenants
hereof shall inure to the benefit of and be binding upon the City and
the Vendor respectively and their agents, representatives, employee,
successors. assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or
obligations hereunder without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or
construed to confer upon or grant to any third party or parties, except
to parties to whom Vendor or City may assign this Agreement in
accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against
either the City or Vendor because of any breach hereof or because of
any of fhe ferms, covenanfs, agreements or conditions herein
contained.
7. Waivers. No waiver of defaulf by eifher party of any of fhe ferms,
covenanfs or conditions hereof fo be performed, kepf and observed
by fhe other parfy shall be construed, or operafe as, a waiver of any
subsequenf defaulf of any of fhe ferms, covenanfs or conditions herein
contained, to be performed, kept and observed by the other party.
8. AGreement Made in Colorado. The parties agree that this Agreement
was made in accordance with the laws of the State of Colorado and
shall be so construed. Venue is agreed to be exclusively in the courts
of Pitkin County, Colorado.
9. Attornev's Fees. In the event that legal action is necessary to enforce
any of the provisions of this Agreement, the prevailing party shall be
entitled to its costs and reasonable attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed
through the mutual efforts of the parties hereto and the parties agree
that no construction shall be made or presumption shall arise for or
against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Agreement.
1 1. Certification ReGardinG Debarment, Suspension, IneliGibilitv, and
Voluntarv Exclusion. Vendor certifies, by acceptance of this
Agreement, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State
department or agency. It further certifies that prior to submitting its Bid
that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In
the event that Vendor or any lower tier participant was unable to
certify to fhe statement, an explanation was attached to the Bid and
was determined by the City to be satisfactory to the City.
12. Warranties Aaainst ContinGent Fees, Gratuities, Kickbacks and Conflicts
of Interest. Vendor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an
agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona
fide established commercial or selling agencies maintained by the
Vendor for the purpose of securing business.
Vendor agrees not to give any employee of the City a gratuity or any
offer ot employment in connection with any decision, approval. disapproval.
recommendation, preparation of any part of a program requirement or a
purchase request. influencing the content of any specification or procurement
standard, rendering advice. investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination.
claim or controversy, or other particular matter, pertaining to this Agreement, or
to any solicitation or proposal therefore.
Vendor represents that no official. officer, employee or representative of
the City during the term of this Agreement has or one (1) year thereafter shall
have any interest, direct or indirect, in this Agreement or the proceeds thereof,
except those that may have been disclosed at the time City Council approved
the execution of this Agreement.
In addition to other remedies it may have for breach of the prohibitions
against contingent fees, gratuities, kickbacks and conflict of interest, the City
shall have the right to:
1 . Cancel this Purchase Agreement without any liability by the
City;
2. Debar or suspend the offending parties from being a vendor,
contractor or subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise
recover, the value of anything transferred or received by the
Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of Citv. The sale
contemplated by this Agreement may be canceled by the City prior
to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best
interests and convenience.
14. Fund Availabilitv. Financial obligations of the City payable after the
current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available. If this
Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon
the availability of those funds for payment pursuant to the terms of this
Agreement.
15. Citv Council Approval. If this Agreement requires the City to pay an
amount of money in excess of $25,000.00 it shall not be deemed valid
until it has been approved by the City Council of the City of Aspen.
16. 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 under this Agreement. Vendor
agrees to meet all of the requirements of City's municipal code,
section 13-98, pertaining to nondiscrimination in employment. Vendor
further agrees to comply with the letter and the spirit of the Colorado
Antidiscrimination Act of 1957, as amended, and other applicable
state and federal laws respecting discrimination and unfair
employment practices.
17.lntearation and Modification. This written Agreement along with all
Contract Documents shall constitute the contract between the parties
and supersedes or incorporates any prior written and oral agreements
of the parties. In addition, vendor understands that no City official or
employee, other than the Mayor and City Council acting as a body at
a council meeting, has authority to enter into an Agreement or to
modify the terms of the Agreement on behalf of the City. Any such
Agreement or modification to this Agreement must be in writing and
be executed by the parties hereto.
l8.Authorized Representative. The undersigned representative of Vendor.
as an inducement to the City to execute this Agreement. represents
that he/she is an authorized representative of Vendor for the purposes
of executing this Agreement and that he/she has full and complete
authority to enter into this Agreement for the terms and conditions
specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused
this Agreement to be duly executed the day and year first herein written in three
(3) copies, all of which, to all intents and purposes, shall be considered as the
original.
FOR THE CITY OF ASPEN:
By:
City Manager
ATTEST:
City Clerk
VENDOR:
!lv'})/o;!fJllcV57/ ~ c
.
By:
ClI!CI( 1tr" /AI' J!,N ~ t;
Title
EXHIBIT "A"
Audio Analysts will provide in house training, service and support to the Wheeler Opera House on
the components purchased. Audio Analysts will respond to technical andlor service inquiries
within 4 hours and provide onsite service within 24 hours of notification.
Quote
10889
Ullllorlnf:IP8BO
ColOrldO SP1nge,CO lnG'
71~-832"155
11,..32.3$3'
WWWAUDIOAlALYSTS.COM
ProJ8ct urn.: V\It1eeler Opera SOI.llOCl'all VIS
Pro,edlUrrH: 07-1806
QuoteDII:.: 'Tf3Q/2Q07
SalI8JSenlce....8lIn:MnToal
Quote Vaild For 00 DilY~
CUIll:OITIIIr:
CftyOIMpen .
lWSOi.JnGalenaStreet
Purcnaang
Aspen,C061611-1975
Att8l'lt10ltI\E13ECCAHODGSON
MIIIn:970-92o-S212
fAX:910-92o-5119
Ship To:
ctty 01 ASpen 0
320 Ea61 Hyman
\I\Itle'elerOp@raHOU5e
Aspen,C06H511
Attentlon:CoroonWlder
M8ln:970~18-0269
fo\X:970-9Zil-5t19
change upsto (l)tnppllte SfIIART1S00RM2U
TERMS: N@t30
us orner
Sales TilX#
ITEM aTY
This quote is valid only if signed by ill Audio Amlllrsts Authorbed Em p1oyee.
QuoteVaild Forro Oil S
Deseri tion/Note Unit Price
1 1 MFFtSounllcr.lI' IlAodil:1Jl6 stanaaro pus I P ~nVIl3-Stdplui
--\o16StanoilrdplU6'64m+Jcoo~ureOlorCatSSlagebOXlr1duoe;lmegral6patepsu';
saSOO6.DO
Ext@nd@d
185000,00
'2 '2 MF~:}lJJOloAn"y6t6InC, 'I Moder.99-SS001 PNi'TIJ:99.SS00
--T@n5a1le12SPACESHOCKMOUNTRACK (1 tlrlocal rac~.1 tlr;tagebo'l)
5971,SO
11955,00
3 1 MFR:TrlppIIteIMOOeI:SU1S00RTXL2U
--2R"CKSPACE1S00V"UPS
'1919.95
5919,96
......L.----L-. ~orSOUNDCR~T FACTORY TRAINING ONSllE IrJCLUDES BHOURS OF
TRJ-JNING FLIGHTS 2NIGHTSHOTEL
11800.00
'51aOO,00
I'LIDIO ANALYSTS IS AN AUTHORIZED SOUNOCRAFT DEALER AND ABLE TO
PROVIDE IN HOUSE T~JllNING SERVICE me SUPPORT
AUOIOANALYSTS HAS TECHNICIANS ABLE TO RESPOND TO SERVICE INCUIRES IN
4HRS g PROVIDE ON SITE SERVICE WITH IN 24 HRSDURING NORMAL BUSINESS
SHIPPING TO ASPEN INCLUDEDIN THESE PRICES
Audio Al'uliysu
So!i.ujSQrvicQPQ,""on, X Ken Toal
$97.882.98
$1.80000
CU5tomQrAo::CQptllnCQ' X
By ;jI(lcepting 1his quote the Customer represents to Audio Analysts
thiltthey are authoriled to enter in this agre@ffient.
Equipmem
Labor
Logistics
r..
Shipping
TOTAL
Acc~tllnCQ
DM'
$99,68298
'" d.
MEMORANDUM
RE:
Mayor Ireland and City Council
Chris Bendon, Community Development Director ~
Jennifer, Senior Long Range Planne~
City of Aspen Annexation Plan
TO:
THRU:
FROM:
DATE:
August 27, 2007
SUMMARY:
The City of Aspen is required by State statute to maintain an annexation plan,
adopted at least once annually. A substantial update of the plan occurred in 2002 to
be compatible with the 2000 Aspen Area Community Plan and the Urban Growth
Boundary. Since 2002, minimal changes to the plan have been adopted - primarily
updates to the maps to accurately reflect newly annexed lands. Since the last update
and adoption of the annexation plan in 2006, no annexations have occurred, and no
changes to the plan are proposed.
The State's requirements for an annexation plan are minimal and are primarily
oriented to Front Range communities who sometimes use annexation to gain political
and tax base advantage. A "three-mile boundary" must be identified (municipalities
may not expand in any direction more than three miles per year). The plan must
generally describe the proposed municipal infrastructure and planned land uses for
any land to be annexed within the three-mile area. Staff believes the proposed plan
meets the State's requirements.
In addition to meeting the minimum requirements, the City's plan includes a
description of each character area in the three-mile boundary, the statutory annexation
criteria, "local annexation criteria," the sequential steps to complete an annexation,
and an example annexation petition. This additional information aids property
owners contemplating annexation. The local criteria describe potential land use and
planning issues for each character area within three miles of the City boundary.
STAFF RECOMMENDATION:
Staff recommends approval of the Annexation Plan.
CITY MANAGER'S COMMENTS:
I
RECOMMENDED MOTION:
"I move to approve Resolution No. 6.), Series of 2007, adopting the City of Aspen
Annexation Plan."
ATTACHMENTS
Exhibit A - Annexation Plan
2
. .
ANNEXATION PLAN
CITY OF ASPEN
AUGUST, 2007
.....
,
~
,
\
:'\
CONTENTS
2 City Council Resolution
3 Purpose
4 Annexation Area
5 Annexation Area Characteristics
8 Sequential Steps to Complete Annexation
11 Statutory Annexation Criteria
12 Local Annexation Criteria
15 Example Annexation Petition
17 MapA
18 Map B
PREPARED BY
City of Aspen Community Development Department
Jennifer Phelan, Long Range Planner
130 South Galena Street
Aspen, CO 81611
970.920.5090
THE CITY OF Aspp,
City of Aspen Annexation Plan - Page 1
RESOLUTION NO. f7
(SERIES OF 2007)
A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING
THE CITY OF ASPEN ANNEXATION PLAN.
WHEREAS, pursuant to Colorado Revised Statutes (CRS) 31-12-105, the
City of Aspen must annually adopt a "plan" guiding future annexations; and,
WHEREAS, the 2000 Aspen Area Community Plan (AACP) called for an update of
the City's annexation plan to reflect the Urban Growth Boundary (UGB) as jointly adopted
by the City of Aspen and Pitkin County; and,
WHEREAS, the Aspen Planning and Zoning Commission discussed a draft of this
updated plan during a work session on May 28, 2002; and,
WHEREAS, the Aspen City Council and the Pitkin County Board of County
Commissioners discussed a draft of the updated plan on July 16, 2002; and,
WHEREAS, the Aspen Community Development Department refined and updated
this plan, in consultation with the Pitkin County Community Development Department, to be
consistent with the 2000 AACP; and,
WHEREAS, the City Council adopted the updated annexation plan on September 22,
2002; and,
WHEREAS, the City Councilhas subsequently adopted annexation plans with minor
boundary changes as a result of annexations on an annual basis; and,
WHEREAS, there has been no annexation of land in the past year resulting in no
amendments to the annexation plan of 2006; and,
WHEREAS, during a regular meeting on August 27, 2007, the City Council
considered the City's boundary, the city's annexation plan, and a recommendation of
approval from the Community Development Director; and,
WHEREAS, the City Council finds that the annexation plan meets or exceeds all
applicable standards and that adoption of the plan is consistent with the goals and elements of
the Aspen Area Community Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO: That the City Council has formally adopted the City of
Aspen Annexation Plan.
RESOLVED, APPROVED, AND ADOPTED FINALLY this 2ih day of August,
2007.
Approved as to form:
Approved as to content:
Signed copy onfile with City Clerk
City Attorney
Michael C. Ireland, Mayor
City of Aspen Annexation Plan - Page 2
Attest:
Kathryn S. Koch, City Clerk
City of Aspen Annexation Plan - Page 3
PURPOSE
The City of Aspen Annexation Plan reflects land use policy of the Aspen Area Community
Plan (AACP) with regard to adding urbanized land, and land appropriate for urbanization,
surrounding Aspen to the City's jurisdiction. The Plan provides landowners whose property
is adjacent to the City of Aspen with the relevant requirements and processes for requesting
inclusion into the City of Aspen. The City of Aspen shall use its legislative authority of
annexation and this annexation plan to:
. Ensure the natural and well-ordered development of the City.
. Distribute fairly and equitably the costs of city services among those persons who
benefit therefrom.
. Extend the city's government, services, and facilities to eligible citizens forming part
of a whole community.
. Simplify jurisdictional boundaries and reduce administrative confusion.
. Increase the City's ability to provide its citizens with the services they require.
Colorado Revised Statute
All annexation actions by cities in Colorado are governed by CRS 31-12-102, et. seq.
These statutory requirements include the City's need to maintain an annexation plan for a
three-mile boundary around the existing City limits. The speCific requirements include the
following:
"Prior to completion of any annexation, within the three mile area, the municipality
shall have in place a plan for the area, which generally describes the proposed
location character, and extent of streets, subways, bridges, waterways, waterfronts,
parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds,
open spaces, public utilities, and terminals for water, light, sanitation, transportation,
and power to be provided by the municipality and the proposed land uses for the
area. Such plan shall be updated at least once annually."
Urban Growth Boundary
The City of Aspen and Pitkin County jointly approved the Aspen Urban Growth Boundary
(UGB) via adoption of the 2000 AACP. (The 2000 Aspen Area Community Plan may be
obtained from the Aspen/Pitkin Community Development Office, City Hall, Aspen.) The UGB
identifies the land surrounding Aspen as either appropriate for urban development (within
the UGB) or inappropriate for urban development (outside the UGB). Land within the UGS
is expected to become part of the City's urbanized area, at some point, while land outside
the UGB should only be annexed as a method of preserving the non-urban character of
lands surrounding Aspen. The UGB should be amended upon determination that the
subject land should be re-categorized, independent of an annexation decision.
Disclosure
The City of Aspen Annexation Plan has been adopted to meet the compulSOry requirements
set forth by the State of Colorado, pursuant to CRS 31-12-105. The plan should not be
considered a replacement or complete reflection of the state statutes. Property owners
seeking annexation should consult the Colorado Revised Statutes. The plan is not binding
upon the City of Aspen.
City of Aspen Annexation Plan - Page 4
CITY OF ASPEN ANNEXATION AREA
Map A depicts Aspen's annexation area, corresponding to the State's three-mile area
requirement, based o.n the September, 2006, jurisdictional boundary. The jointly-adopted
Urban Growth Boundary (UGB) is also shown.
The City of Aspen is currently approximately 2,420 acres. The area within the UGB is
approximately 4,860 acres, roughly twice the size of the current City jurisdiction. This land
within the UGB has been determined appropriate for urbanization and is likely to become
part of the City of Aspen.
The three-mile area is approximately 48,000 acres, 46,000 acres larger than the current City
jurisdiction. Much of this three-mile area is outside Aspen's UGB and considered
inappropriate for urbanization. Annexation of areas outside the UGB should only be
considered as a means of preserving the non-urban character of the land in order to
maintain sound planning practices and prevent sprawl.
To understand the City's potential service needs, annexation areas within the UGB have
been analyzed as smaller land areas. The boundaries for each area were developed based
on the following factors: physical features, existing development patterns, existing property
lines, and established neighborhood areas.
City of Aspen Annexation Plan - Page 5
ANNEXATION AREA CHARACTERISTICS
The City is required to identify the area within three miles of its boundary. (See Map A) The
proximity of these areas, however, does not necessarily mean these areas are desirable for
annexation. The three-mile area is a State reauirement and should not be considered an
intention of the Citv of Aspen. Many areas, outside of the UGB especially, may be entirely
inappropriate for annexation.
Following is an overview of land use characteristics for each area within a three-mile radius
of the City, with particular attention paid to the areas within the UGB. The areas described
are shown on Map B. These general characteristics provide a basis for understanding
potential land use issues that may need to be addressed during an annexation.
Ute/Northstar. Shadow Mountain. Red Butte
Generally, rural areas with very limited growth potential due to their physical
circumstances. These areas are particularly affected by environmental hazards and
each request should include an analysis of the regulatory tools used to address such
hazards. The City's Land Use Code provisions for Environmentally Sensitive Areas
(ESA's) may adequately guide the growth and development of these areas. Further
consideration should be given to the more stringent County 1041 regulations
particularly with regard to development on steep slopes.
Mountain Vallev. Red Mountain
Generally, suburban areas comprised of predominantly developed subdivisions.
Several similar subdivisions, such as Eastwood and Knollwood, have already
annexed into the City. The major land use issues affecting this group include floor
area ratios, legitimizing "bandit dwelling units," wildfire mitigation, wildlife corridors,
and the status of the roads and ability of the City to adequately maintain and upgrade
them as necessary.
Remote Subdivisions
Several small residential subdivisions, located along the Maroon Creek, Castle
Creek, and Roaring Fork River drainages, are within the three-mile area. These
subdivisions have little to no additional development potential. These areas do not
appear to provide any advantage to the City and could become infrastructure service
burdens. New land use regulations addressing wildfire, wildlife, avalanche, and
development on steep slopes would be required.
Lower Smuaoler
This area contains large development parcels with growth potential, existing
subdivisions with little remaining growth potential, the historically important Smuggler
Mine, and steeply sloped areas with limited growth potential. Continued public
access to the Upper Smuggler area and recreational opportunities would need to be
ensured. Land Use Code provisions for mining activity would be necessary.
Regulatory tools to address development on steep slopes would be necessary.
Upper Smuaaler
This area contains large publicly and privately-owned parcels with significant
infrastructure limitations and steeply sloped areas with very limited growth potential.
This area was an active mining area. Currently, this area is a very popular recreation
City of Aspen Annexation Plan - Page 6
area and is a primary public access to public lands. Much of this area has been
identified as "land with conservation value" in the AACP. Continued public access to
public lands and recreational opportunities would need to be ensured. Regulatory
tools to address development on steep slopes would be necessary.
Meadowood. Tennis Club. West Buttermilk Subdivision, and State Hiqhway 82 Corridor
Generally, suburban areas comprised of predominantly developed subdivisions.
The major land use issues affecting this group include floor area ratios, legitimizing
"bandit dwelling units," trail connections, and the status of the roads and ability of the
City to adequately maintain and upgrade them as necessary. A few large parcels
with significant development potential exist between Meadowood and State Highway
82. The Aspen Valley Hospital, in this area was annexed.
Bar X Ranch. A VL T. and Lower Maroon Creek
Generally agricultural in character with significant growth potential. Development
issues include preserving the riparian habitat along Maroon Creek, trail connections,
fishing access, and traffic generation impacts to the Highway 82 corridor. The Bar X
Ranch and AVL T land was recently annexed for the purposes of developing a mix of
free-market and affordable dwelling units. The Soldner Family parcel remains in
County jurisdiction.
Buttermilk Base Area
The base of Buttermilk Ski Area represents significant development opportunity with
potential impacts on, and benefits to, the City of Aspen. This area is presently
underutilized and is identified in the AACP as a development node for concentrated
mixed-use, transit-oriented development. Residential, commercial, and lodging
development would affect the City's infrastructure and the area's commercial and
lodging profile. This area represents a significant opportunity for transportation
improvements. Additionally, the redevelopment of this area may provide the City
opportunity to reach community goals. This area should be annexed into the City of
Aspen prior to development review. If redevelopment of this area is entitled in the
County and then the land is annexed, significant coordination on the administration
of development approvals will be necessary.
Aspen Business Center and North Fortv
Suburban areas with moderate growth potential. The North Forty subdivision is
reaching its residential build-out and has some potential for additional commercial
development. The ABC has moderate growth potential in both residential and
commercial sectors, most of which would involve redevelopment. Significant
expansion of commercial uses in the ABC would affect the profile of commercial
activity in the Aspen area and may affect transportation patterns. A new zone district
would likely be required to accommodate the ABC.
Aspen Consolidated Sanitation District. County Maintenance Facility, RFTA bus barn, Sardy
Field (Aspen/Pitkin County Airport). North Hiqhway 82 Corridor
These public infrastructure facilities are currently operated by either the county or
special districts. Expansion of these facilities could be expected to coincide with
growth of the area's population and service needs, although physical constraints may
limit expansion capabilities. Expansion of the airport is also controlled by public
policy discussions of increasing Aspen's tourist capacity. Intergovernmental
agreements may be necessary for annexation of these facilities.
City of Aspen Annexation Plan - Page 7
Brush Creek Villaqe. Cozv Point Ranch. Starwood. McLain Flats
Suburban subdivisions comprised of single-family residences. Cozy Point Ranch is
an agricultural and equestrian operation owned and managed by the City of Aspen.
These areas, while within the three-mile area, are removed from Aspen and not likely
to become incorporated into the City. The major land use issues affecting this group
include floor area ratios, legitimizing "bandit dwelling units," wildfire mitigation, wildlife
corridors, and the status of the roads and ability of the City to adequately maintain
and upgrade them as necessary.
Woodv Creek
The three-mile area includes a portion of the Woody Creek drainage. This rural area
is predominantly agricultural and estate ranches. Although geographically proximate
to the City's boundary, this area lies in a separate drainage basin and is logistically
remote from Aspen. This area is not expected to become part of the City of Aspen.
Snowmass VillaQe
The three-mile area includes part of Snowmass Village, an incorporated town. Only
unincorporated lands are eligible for annexation. This area is not expected to
become part of the City of Aspen.
Owl Creek Ranch. Droste Ranch
This rural area functions as a buffer between the urbanized areas of Aspen and
Snowmass Village. Predominantly single-family homes on large lots, this area could
sustain significant additional development with the extension of urban infrastructure
and bring about significant change in the character of the area. The major land use
issues affecting this group include the desired character of the area, additional
development potential, wildfire mitigation, wildlife corridors, recreational trails, and
the status of the area's infrastructure.
Ski Areas - Aspen Mountain. Aspen Hiqhlands. Buttermilk
These areas correspond with ski area permit boundaries. This land is typically
Forest Service land, although substantial portions of Aspen Mountain Ski Area are
owned by the Aspen Ski Company. The City's Land Use Code is better suited to
regulate base facilities. Annexation would necessitate new land use legislation to
regulate ski area operation and may also necessitate backcountry emergency rescue
operation.
Forest Lands
These areas correspond with Federally-owned land maintained by the United States
Forest Service and privately-owned "in-holdings." These areas are remote, with little
or no existing services and have limited access. These areas are typically zoned
Rural and Remote (RR) by Pitkin County to maintain the backcountry character.
These areas do not appear to provide any advantage to the City and could be a
burden. Annexation of these areas would necessitate new land use legislation to
regulate backcountry development, agreements with the Forest Service for
permitting and administration of forest-related activities, and may also necessitate
backcountry emergency rescue operation.
City of Aspen Annexation Plan - Page 8
SEQUENTIAL STEPS TO COMPLETE ANNEXATION
Annexation Process: Associated Processes:
Pre-Application Conference. (See Note #1)
Annexation Petition Filed - Landowner
submits necessary application materials to
the City Clerk. (See example petition,
attached. )
Property owner may enter into a pre-
annexation agreement with the City of
Asoen. (See note #2)
Resolution #1 - City Council Initiates
annexation process by adoption of a
resolution. Resolution establishes a public
hearing be scheduled more than 30 days and
less than 60 days.
City Engineer verifies contiguity requirement
for eliqibility.
Public Hearing and Resolution #2 - City
Council identifies properties eligible for
annexation accordinq to State Statute.
Annexation Impact Report - For
annexations of more than 10 acres. (See note
#3)
Land use reviews - The landowner may
initiate any City land use review process
necessary to develop the property. (See note
#4)
Acknowledgement of Development Rights
- The City reserves the right to accept land
use approvals granted in the county and
establish an agreement for the administration
of said riahts. (See note #5)
Initial Zoning - The Community Development
Department begins an initial zoning process
and establishes public hearing schedule with
the Planning and Zoning Commission. (See
note #6)
First Reading of Annexation Ordinance -
City Council establishes second reading and
public hearinq date.
The City may postpone second reading to
permit a property owner to confirm associated
land use reviews.
Second Reading of Annexation Ordinance
- Propertv either annexed or denied.
Initial Zoning Ordinance - Newly annexed
land must be assigned zoning within 90 days
of annexation. (See note #6)
City of Aspen Annexation Plan - Page 9
Process Notes:
1. Pre-Aoolication. Potential applicants are encouraged to meet with the City Attorney to
discuss the annexation process and with the Community Development Director to discuss
the potential benefits of annexation. An annexation petition must be found in compliance
with the statutory annexation criteria and is subject to compliance with local annexation
criteria, to the extent those criteria are considered applicable to the specific petition.
2. Pre-Annexation Aareement. A property owner seeking annexation may negotiate a pre-
annexation agreement with the City of Aspen. Such negotiations may include, but are not
limited to, the type, amount, character, and timing of development and may specify certain
improvements required of a property owner and financial arrangements securing such
improvements. At such time of actual annexation, a final annexation agreement may be
confirmed.
3. Annexation Imoact Reoort. CRS 31-12-108.5 requires the annexing municipality prepare
an annexation impact report at least 25 days prior to the public hearing (Resolution #2). The
report must be filed with the Pitkin County Board of County Commissioners (BOCC). A
report is not required for annexations of 10 acres or less or when the City and the BaCC
agree the report requirement may be waived. An annexation Impact Report shall include, as
a minimum:
A. A map or maps of the municipality and adjacent territory showing the following
information:
1. The present and proposed boundaries for the municipality and in the vicinity of
the proposed annexation.
2. The present streets, major trunk water mains, sewer interceptors and outfalls,
other utility lines and ditches, and the proposed extension of such streets and
utility lines in the vicinity of the proposed annexation.
3. The existing and proposed land use pattern in the areas to be annexed.
B. A copy of any draft or final pre-annexation agreement, if applicable.
C. A statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation.
D. A statement setting forth the method under which the municipality plans to finance
the extension of the municipal services into the area to be annexed.
E. A statement identifying existing districts within the area to be annexed.
F. A statement on the effect of annexation upon local public school district systems,
including the estimated number of students generated and the capital construction
required to educate such students.
4. Land Use Reviews. A property owner seeking annexation into the City of Aspen may
initiate land use reviews with the City after the petition for annexation has been found valid
(after adoption of resolution #2). Property owners seeking to develop the property, in fact,
may wish to secure entitlements prior to completing annexation. Land use approvals
granted prior to annexation are subject to final adoption of an annexation ordinance. City
City of Aspen Annexation Plan - Page 10
Council may postpone the final adoption hearing of the annexation ordinance to allow a
property owner to complete a land use review process.
5. Acknowledaement of Develooment Riahts
Property subject of an annexation request may have certain development rights granted by
Pitkin County. The City of Aspen may choose to recognize these exact development rights
or reach another solution in consultation with the landowner. In instances where land use
approvals were granted in the County prior to annexing into the City, the City has
significantly benefited with the adoption of a Development Guidebook in combination with
the annexation of the land. This guidebook can be used to define the approvals and
describe how the City will administer the development of the land, including the applicable
design standards for capital improvements. This guidebook can serve an interest of the
landowner, developers interested in realizing the development approvals, the interests of
prospective property owners within the annexed area, and helps clarify the City's
understanding of the development rights.
6. Initial Zonina. The City is required to assign zoning to newly annexed property within 90
days of annexation. Failure to zone land within 90 days may permit unwanted land uses on
newly annexed lands. The City typically begins an initial zoning process prior to final
annexation. This aids a landowner in determining the benefit of completing an annexation.
This initial zoning process follows the process for amending the Official Zone District Map
(rezoning), as outlined in the City of Aspen Land Use Code, and requires a review and
recommendation from the City Community Development Director and a public hearing and
recommendation from the City's Planning and Zoning Commission. Adoption of an
ordinance by City Council is the final step in the initial zoning process. Ideally, second
reading of an annexation ordinance and second reading of a zoning ordinance occur
simultaneously. Property owners are encouraged to participate as an applicant, although not
required, in this initial zoning process.
City of Aspen Annexation Plan - Page 11
STATUTORY ANNEXATION CRITERIA
In accordance with CRS 31-12-104, an area is eligible for annexation if the governing body,
at a hearing, finds and determines the following.
1. That not less than one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the annexing municipality. Contiguity is not affected by the existence of
a platted street or alley, a public or private right-of-way area, public lands (except
county-owned open space), or lake, reservoir, stream, or other natural or man-made
waterway between the annexing municipality and the land proposed to be annexed.
Subject to the requirements of CRS 31-12-105, contiguity may be established by the
annexation of one or more parcels in a series, which annexations may be completed
simultaneously and considered together.
2. That a community of interest exists between the area proposed to be annexed and the
annexing municipality; that such area is urban or will be urbanizing in the near future;
and that said area is integrated with or is capable of being integrated with the annexing
municipality. The fact that the area proposed to be annexed has the contiguity with the
annexing municipality required by the above requirement shall be a basis for a finding of
compliance with these requirements unless the governing body, upon the basis of
competent evidence presented at the hearing, finds that at least two of the following are
shown to exist:
a. Less than fifty percent of the adult residents of the area propose to be annexed make
use of part or all of the following types of facilities of the annexing municipality;
Recreational, civic, social, religious, industrial, or commercial; and less than twenty-
five percent of said area's adult residents are employed in the annexing municipality.
If there are no adult residents at the time of the hearing, this standard does not
apply.
b. One half or more of the land in the area proposed to be annexed (including streets)
is agricultural, and the landowners of such agricultural land, under oath, express an
intent to devote the land to such agricultural use for a period of not less than five
years.
c. It is not physically praGticable to extend to the area proposed to be annexed those
urban services which the annexing municipality provides in common to all of its
citizens on the same terms and conditions as such services are made available to
such citizens. This standard shall not apply to the extent that any portion of an area
proposed to be annexed is provided or will within the reasonably near future be
provided with any service by or through a quasi-municipal corporation.
.
City of Aspen Annexation Plan - Page 12
LOCAL ANNEXATION CRITERIA
Annexation is a quasi-legislative authority of the City and as such the City may consider the
interests of its citizens as guiding annexation policy, in addition to the procedural statutory
requirements. This section identifies specific public policy concerns likely to arise during
consideration of an annexation request. These criteria should be used to determine when
annexation is appropriate, which land should be annexed, and how it should be zoned.
Additional considerations, beyond those identified herein, may also arise and guide public
policy.
AACP Compliance
Annexation requests should be reviewed for compliance with the Aspen Area Community
Plan. Annexation of certain lands could facilitate accomplishment of the plan's goals,
objectives, or specific action items. Newly annexed properties should be assigned zoning
supporting public policy directives of the AACP.
Urban Growth Boundary (UGB)
The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary via
adoption of the 2000 AACP. The UGB identifies the land surrounding Aspen as either
appropriate for urban development (within the UGB) or inappropriate for urban development
(outside the UGB). Lands within the UGB have the potential to become part of the City's
urbanized area and should be considered appropriate for annexation.
Land outside the UGB should only be annexed as a method of preserving the non-urban
character of lands surrounding Aspen. The UGB does not necessarily need to be amended
unless the land is intended for an urban level of development. Annexation of land outside
the UGB, in fact, may serve a significant public purpose.
Significant Annexations
Changing the regulatory structure and jurisdiction of significant community facilities, large
developments, and large tracts of vacant land present considerable potential for community
change. These annexation proposals should involve discussion between the Aspen City
Council and the Pitkin County Board of County Commissioners. A joint work session at
which various land use issues are discussed can only benefit the City in it analysis of a
significant annexation. For example: properties entitled by the County and annexed into the
City can require complex administration of development rights, especially when
amendments are requested. Discussing the primary elements of the land use review can
simplify administration and provide benefit to the annexing landowner.
Likewise, certain annexation proposals may present concerns to other governmental and
quasi-governmental agencies with jurisdiction or other interest in the property. As
necessary, formal referral comments or work session-format meetings can be held to
identify these concerns.
Fiscal Impact Analysis
The City should fully understand the financial implication of assuming additional lands upon
each of its functions. The City Finance Department has modeled fiscal impacts of recent
significant annexations and this information has been critical in determining the
appropriateness of annexation. Certain capital improvements may be necessary as well as
City of Aspen Annexation Plan - Page 13
additional operation and service costs. These need to be balanced with additional special
fund revenues that are gained.
Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision
distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of
Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered
as more service responsibilities shift to the City.
Development Rights/Zoning
Development rights associated with a property in Pitkin County verses those if the property
is annexed into the City of Aspen should be considered. Annexations are typically
associated with a proposal to further develop the property. Traditionally, the City weighs an
increase in development rights in relation to accomplishment towards community goals
available through annexation.
A complete understanding of a property's development potential, prior to annexation, should
include a zoning build-out analysis considering regulatory limitations, such as growth
management and impact fees, and regulatory incentives, such as the use of Transferable
Development Rights. The public policy of such regulations and the impact of changing the
regulatory structure upon the City should be considered.
Zoning of newly annexed land should approximate development rights prior to annexation,
unless a site-specific development plan is approved concurrent with annexation. The
creation of non-conformities should be avoided, although custom legislation to address
special interests can further complicate the City's regulatory environment.
The City should encourage the legalization of "bandit units" through the City's Accessory
Dwelling Unit provisions to ensure compliance with the health and safety standards of the
Uniform Building Code. These units should be expected in older subdivisions surrounding
Aspen.
Pitkin County Transferable Development Rights
Certain lands in the County within the City's annexation area are eligible for increased
development rights through the extinguishment of transferable development rights (TDRs).
Certain site specific approvals granted in Pitkin County may involve or require the use of
TDRs. And, certain development may have already occurred by use of these TDRs
necessitating acknowledgement of the realized increased development right.
Until the City adopts a program for accepting Pitkin County Transferable development
Rights, each individual annexation request should include an analysis of TDR-contingent
land use scenarios and, if necessary, an agreement should be reached describing the future
use of Pitkin County TDRs within the newly annexed area.
Usefulness and appropriateness of each jurisdiction's regulations
As Aspen City limits expand beyond the original townsite, the effects of environmental
constraints and hazards on development increase. Pitkin County's 1041 regulations address
development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard
areas, and within wildlife corridors. The City's Environmentally Sensitive Area review
standards address flood hazard areas and development above the 8,040-foot elevation.
City of Aspen Annexation Plan - Page 14
The County's regulations primarily attempt to minimize land use intensity within
environmentally sensitive and hazardous areas and minimize the infrastructure and
operational effects of development. The City's land use code encourages the intense use of
land and addresses urban development issues, such as architectural character. In transition
areas, the City's PUD regulations should be used to establish an appropriate balance.
Design standards for public improvements also reflect the rural and urban aspect of each
jurisdiction. The appropriateness of each jurisdiction's development regulations and design
standards should be considered in each annexation. The acceptance of substandard public
improvements and potential public costs of upgrading those facilities should also be
considered. The City may require certain facilities be upgraded prior to annexation.
Alternatively, the City may require a cash payment to accommodate expected City capital
improvement and operational expenses.
The City currently has no experience administering remote backcountry and Forest Service
lands. These lands could require significant changes to the City's emergency services. The
public costs of annexing remote lands should be considered in relation to the public goals of
such an action.
Aspen recently adopted the Ski Area Base (SKI) Zone District to administer development at
the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial,
and tourist-oriented uses and requires adoption of a Planned Unit Development. This
zoning was applied to Aspen Highlands Base Village and may be appropriate for the
Buttermilk Ski Area base, if annexed.
Infrastructure and Ability to Serve
Annexation reviews typically focus a great deal of fiscal analysis on the potential extension
of urban services to annexed territories. Cost, capacity, and engineering issues related
extension of the City's municipal water system to developing land on the urban fringe is a
significant annexation issue.
Currently, there are several small water districts serving residences located outside the
City's boundaries but within the service area of the water system. These small districts may
present a problem for the City as their capital facilities may not be providing acceptable
standards of service. Upgrading is expensive, and may become the responsibility of the
City following annexation.
The County does not currently require new periphery development to join the City's
municipal water system. However, these county development proposals must be reviewed
by the City Council and found in compliance with the AACP in order to obtain City water
service. In these cases, the City often requires compliance with City development
regulations. Property owners developing a property eligible for annexation should consult
the City's Community Development Department and consider annexation.
Simplicity of City Boundary
The City/County boundary has created confusion for citizens and staff responsible for
enforcing public policy. A complex boundary can complicate emergency service provision
and, in extreme cases, defeat efforts of City police officers. Annexations simplifying the
boundary should be encouraged while those further complicating the division should be
avoided.
City of Aspen Annexation Plan - Page 15
[Example]
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the
Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the
Annexation to the City of Aspen. Said area,
consisting of approximately ( ) acres, is more particularly
described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Aspen.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have
been met.
3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the City of Aspen.
4. That a community of interest exists between the area proposed to be annexed and
the City of Aspen.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being
integrated with the City of Aspen.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners
in the area and own more than fifty percent (50%) of the area to be annexed,
excluding public streets, alleys and lands owned by the City of Aspen.
WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the
annexation of the area described on Attachment "A," legal description of the land.
The Petitioners reserve the right to withdraw this petition and their signatures therefrom at
any time prior to the commencement of the roll call of the City Council for the vote upon the
second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portiones) of the area
described on Attachment "A."
IN WITNESS WHEREOF, IIwe have executed this Petition for Annexation this
,2 .
-
day of
Petitioner's/Owner's Signature
Petitioner's/Owner's Printed Name
Address
City, State, Zip
City of Aspen Annexation Plan - Page 16
Please attach the following:
ATTACHMENT "A" - LEGAL DESCRIPTION OF THE ANNEXATION
ATTACHMENT "8" - AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature
therein is the signature of the person whose name it purports to be.
Circulator'ii Signature
Subscribed and sworn to before me this
2_, by
day of
WITNESS my hand and official seal.
Commission Expiration
Notary Public
ATTACHMENT "C" - PROOF OF OWNERSHIP
Constituting more than 50% of the landowners in the area proposed for annexation, as said
area is described on Attachment "A", and more than 50% of the land in said area, exclusive
of streets and alleys.
ATTACHMENT "D" - FOUR PRINTS OF AN ANNEXATION MAP
Containing the information required by C.R.S. 197331-8-107.
City of Aspen Annexation Plan - Page 17
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MEMORANDUM
VI' a..
TO:
Mayor Ireland and City Council
FROM:
Jason Lasser, Planner ~L
Chris Bendon, Community Development Director ~
August 21, 2007
THRU:
DATE OF MEMO:
MEETING DATE:
August 27, 2007
RE:
555 East Durant Avenue- Planned Unit Development (PUD),
First Reading of Ordinance #'!J;. Series of 2007, Second Reading
is scheduled for September 10, 2007.
REQUEST OF COUNCIL: City Council is asked to grant approval for the development of a
Planned Unit Development (PUD) on the property known as the North of Nell, located at 555
East Durant Avenue. The North of Nell Condominium Association, represented by its Manager,
Joe Raczak, has submitted this land use application requesting the following:
I.) PUD overlay of the property to establish the dimensional standards for the structure as
conforming; and
2.) PUD to approve the increased calculated floor area of the structure by 1,433 square feet
due to exposure of an existing wall from the lowering of Dean Street; and
3.) PUD to approve the increased calculated floor area ofthe structure by sq ft to allow for
exterior mechanical wall covers to be constructed, which will enclose part of the existing
deck space.
BACKGROUND: The North of Nell Condominium building was built in 1969 in compliance
with the standards in effect at the time. According to the Section 26.312.020 and 26.312.030 of
the Code, non-conforming uses and structures may continue to operate as they are, but only
normal maintenance procedures can be conducted and no extensions or expansions are allowed.
The North of Nell Condominiums will be affected by the new development of the Residences at
Little Nell on Dean Street. The lowering of the street will expose additional existing building
wall of the North of Nell, which will increase the calculated floor area. In order to help rectifY
the situation, the applicant proposes a PUD overlay to establish the existing non-conforming
dimensional standards as legal for this property.
REVtEW PROCESS:
The applicant requests the following land use approvals for the project described above:
Page 1 of3
1) Planned Unit Development (PUD); According to Section 26.445.040 ofthe Land Use Code,
establishment of dimensional requirements and density may be approved with the adoption of
a Final PUD development plan. In this case, the applicant proposes a PUD to establish the
existing floor area; Final Review Authority: City Council
BACKGROUND/EXISTlNG CONDITIONS:
The North of Nell is a mixed-use commercial/residential development with 40 residential and 12
commercial units. Existing underground parking holds 61 spaces. A shop, storage and utility
rooms are also located in the basement. The building is located in the Commercial Lodge (CL)
zone district. Total floor area in the zone district is limited to a floor area ratio (FAR) of 3:1.
According to the applicant, the FAR of the existing building is 3.1:1 (82,306 sq ft: 27,886 sq ft).
Due to the lowering of Dean Street the total floor area of the existing building will be increased
approximately 1,433 sq ft, which increases the total to 83,739 square feet. The new FAR will be
3.1:1 (83,739: 27,886 sq ft).
On October 2, 2006, Hearing Officer Timothy E. Whitsitt noted that the improvements and
construction activity on Dean Street should coincide with the neighboring development to
prevent prolonging the disruption of vehicular and pedestrian use. However, "it may not obtain a
building permit for this construction without addressing the calculated increase in it's
nonconforming FAR and obtaining an approval for that increase from the City". Therefore, this
application for an increase in FAR is exempt from the moratorium.
TOTAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA
LOT AREA 27,886 27,886
TOTAL FLOOR AREA 82,306 83,739
TOTAL FAR. 3:1 3:1 (.82+2.18)
TOTAL PERMITTED FAR. 3:1 3:1
COMMERCIAL FLOOR EXISTING FLOOR AREA PROPOSED FLOOR AREA
AREA
LOT AREA 27,886 27,886
TOTAL FLOOR AREA 21,154 22,924
TOTAL FAR. .76:1 .82:1
TOTAL PERMITTED FAR. 1:\ 1:1
RESIDENTIAL FLOOR EXISTING FLOOR AREA PROPOSED FLOOR AREA
AREA
LOT AREA 27,886 27,886
TOTAL FLOOR AREA 60,762 60,815
TOTAL FAR. 2.17:1 2.18:1
TOTAL PERMITTED FAR. .5: I .5: 1
Page 2 of3
DISCUSSION:
PLANNED UNIT DEVELOPMENT (PUD): The Applicant is requesting Planned Unit Development
(PUD) approval to establish dimensional standards for the structure as conforming pursuant to
the definition of a planned unit development. I
In reviewing Ihe planned unil developmenl (PUD) portion oflhe applicalion, Stafffinds Ihallhe
proposal meels Ihe applicable planned unil developmenl review standards established in Land
Use Code Section 26.445.050, Review Slandards, as outlined in Exhibit A. Slafffinds thallhe
proposal is consislenl wilh the developmenl goals eSlablished in Ihe 2000 Aspen Area
Community Plan. The Planning and Zoning Commission recommended approval oflhe Planned
Unil Developmenl (PUD) 10 City Council by a vole of three 10 two (3 - 2).
RECOMMENDED ACTION: Staff finds that the Planned Unit Development criteria are met,
and recommends approval.
PROPOSED MOTION: "I move to approve Ordinance #3 i'Series of 2007 upon First
Reading."
CITY MANAGER COMMENTS:
A TT ACHMENTS:
Exhibit A: Planned Unit Development (PUD) - Staff Findings
Exhibit B: Determination of Administrative Hearing Officer
Exhibit C: DRC minutes/notes
Exhibit D: Application
Exhibit E: Dean (Ave.) Street improvement plans
Exhibit F: May 15,2007, July 17,2007 P+Z Minutes
Exhibit G: Resolution No. 19, Series of 2007
Exhibit H: Saw-tooth Roof Images
Exhibit I: Applicant F.A.R. Calculations
'Planned Unit Development, pursuant to Land Use Code section 26.445.040, is defined as "a zoning overlav
classification or designation under which certain zone district regulations mav be varied to encourage flexibility and
innovation in the develooment of land... "
Page3 of3
ORDINANCE NO] C,
(SERIES OF 2007)
A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED
UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING
DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF
NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H
AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2737-182-49051
WHEREAS, the Community Development Department received an application
from the North of Nell Condominium Association (Applicant), requesting approval of a
Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H
and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the
lowering of Dean Street; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, Parking, City Engineering,
Building, and Parks, as a result of the Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommends approval of the Planned Unit Development for the North of Nell
Condominiums with conditions; and,
WHEREAS, the Planning and Zoning Commission reviewed the application at a
public hearing on May 15th, 2007, and upon recommendation of the Community
Development Department, continued the public hearing to June 5th, 2007; and,
WHEREAS, the Planning and Zoning Commission did not meet due to lack of
quorum on June 5, 2007, and upon recommendation of the Community Development
Department, continued the public hearing to July 17,2007; and,
WHEREAS, upon further review of the application at the July 17th continuance,
the Planning and Zoning Commission considered the development proposal under the
applicable provisions of the Municipal Code as identified herein, reviewed and considered
the recommendation of the Community Development Director, and took and considered
public comment at a duly noticed public hearing; and,
WHEREAS, on July 17th, 2007, via Resolution No. 19 (Series of 2007), the City of
Aspen Planning and Zoning Commission considered and discussed the application and
found that the development proposal meets all applicable development standards and that
the approvals and recommendation of approval of the land use requests were consistent with
the goals and objectives of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that the
Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public
health, safety, and welfare; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that the
development proposal meets or exceeds all applicable development standards and that the
approvals of the development proposal are consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommends
City Council approve the Planned Unit Development and Amendment to the Official
Zone District Map, by a vote of three to two (3-2); and,
WHEREAS, during a duly noticed public hearing on September 10, 2007, the
City Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies of the
City of Aspen and adopted Ordinance No. _, Series of2007, approving with conditions, a
planned unit development to legalize the existing non-conforming dimensional
requirements and an amendment to the official zone district map; and,
WHEREAS, the City Council finds that the development proposal meets many of
the applicable development standards and where the standards are varied, that the approval
of the development proposal, with conditions, is consistent with the goals and elements of
the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO AS FOLLOWS:
Section 1: Plat and Al!:reement .
The Applicant shall record a PUD agreement that meets the requirements of Land Use Code
Chapter 26.445.070 (C) PUD Agreement, within 180 days of approval if City Council
provides final approval of the PUD request.
Section 2: Zoninl!: Map
The Community Development Director shall cause an amendment to the City of Aspen
Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the
property described as 555 east Durant Street, Lots A,B,C,D,E,F,G,H, and I, Block 97, City
and Townsite of Aspen, Pitkin County, Colorado
Section 3: Dimensional Calculations
Dimensional calculations of this PUD shall be as follows as presented by the applicant to the
Planning and Zoning Commission for the July 17th public hearing:
TOTAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA
LOT AREA 27,886 27,886
TOTAL FLOOR AREA 82,306 83,739
TOTAL FAR. 3:1 3: 1 (.82+2.18)
TOTAL PERMITTED FAR. 3:1 3:1
COMMERCIAL FLOOR EXISTING FLOOR AREA PROPOSED FLOOR AREA
AREA
LOT AREA 27,886 27,886
TOTAL FLOOR AREA 21,154 22,924
TOTAL FAR. .76:1 .82:1
TOTAL PERMITTED FAR. 1:1 1:1
RESIDENTIAL FLOOR EXISTING FLOOR AREA PROPOSED FLOOR AREA
AREA
LOT AREA 27,886 27,886
TOTAL FLOOR AREA 60,762 60,815
TOTAL FAR. 2.17:1 2.18:1
TOTAL PERMITTED FAR. .5:1 .5:1
Section 4:Conditions
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
North of Nell Condominiums, parcel identification of2737-1 82-4905 I, the Aspen Planning
and Zoning Commission recommends approval of the proposed Planned Unit Development,
subject to the following conditions:
I. Prior to final approval, the applicant will provide a PUD plat that reflects actual
floor area and ratio as calculated according to the Aspen Land Use Code.
2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of
the final approval by City Council and shall include the information required to be
included in a PUD Agreement, pursuant to Section 26.445.070(C).
3. Prior to issuance of any building permit for any improvement to the building, the
applicant shall submit building elevations and design details showing the design
of all future balcony enclosures as approved by the Sagewood Condominium
Association. The design shall be approved by the Community Development
Director. Building permit applications shall conform to the approved design.
4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of
Pitkin County subsequent to receipt of a development order, or prior to issuance
of a building permit.
Section 5:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission or City Council, are hereby incorporated in such plan approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 6:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 7:
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day of August, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this _ day of
,2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
Approved as to form:
City Attorney
EXHIBIT A
PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT.
A development application for PUD shall comply with the following standards and
requirements (staff findings follow each requirement):
A. General requirements.
I. The proposed development shall be consistent with the Aspen Area Community Plan.
STAFF FINDING: T DOES IT COMPLY? I YES
The proposed development is consistent with all applicable elements of the AACP,
specifically with regard to community character. The AACP emphasizes the need 10
"create spaces" and to "encourage a diverse retail environment". The PUD will legalize
the existing dimensional requirements which will be affected by the lowering of Dean
Street. The excavation will expose additional existing wall area which affects the
calculation of floor area. The newly exposed wall will serve as a new pedestrian retail
fayade that connects to the Gondola plaza. Staff finds this to be consistent with the
AACP.
2. The proposed development shall be consistent with the character of existing land uses
in the surrounding area.
STAFF FINDING: I DOES IT COMPLY? I YES
The character of the existing land uses in the area is characterized with a variety of
uses-residential, commercial, lodge and office. The proposed PUD is consistent with
this character of mixed land uses.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
STAFF FINDING: I DOES IT COMPLY? I YES
This proposal should not have an adverse impact on the future development of the
surrounding area. The newly created pedestrian street is consistent with the present and
future uses for the surroundinl! area.
4. The proposed development has either been granted GMQS allotments, is exempt from
GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
STAFF FINDING: I DOES IT COMPLY? I YES
The expansion of overall floor area is exempt from GMQS, in accordance with Section
26.470.070.A.7. of the Code. The proposal will not increase net leasable square footage
or the number of lodl!e units.
B. Establishment of Dimensional Requirements:
The PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
PUD. The proposed dimensional requirements are listed below:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land uses in the
surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding area such as steep
slopes, waterways, shade, and significant vegetation and landforms.
d) Existing and proposed man-made characteristics of the property and the surrounding
area such as noise, traffic, transit, pedestrian circulation, parking, and historical
resources.
STAFF FINDING: DOES IT COMPLY? YES
The structure has existed in this location for almost forty years and is located in an area
of mixed uses. Pedestrian circulation will be improved by this development. The newly
created retail on the south side of the existing building will be compatible with the
surroundin land uses and natural and man-made characteristics with the ro osed PUD.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed dimensional requirements seek to establish the existing dimensions as the
legal standards for the property for an increase in floor area due to development
activities of the neighboring property. The establishment of the PUD is to allow for a
nonconformitv created by the lowerinl! of Dean Street.
3. The appropriate number of off-street parking spaces shall be established based
on the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is proposed.
c) The availability of public transit and other transportation facilities, including those
for pedestrian access and/or the commitment to utilize automobile disincentive
techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and general
activity centers in the city.
STAFF FINDING: DOES IT COMPLY? YES
The existing number of off-street parking spaces will not be affected by this
development. The existing pedestrian access, proximity to the bus station and proximity
to the cit center are consistent rovide ade uate alternatives for the develo ment.
4. The maximum allowable density within a PUD may he reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other utilities to
service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and road
maintenance to the proposed development.
STAFF FINDING: I DOES IT COMPLY? I YES
According to the review by the Development Review Committee, there exists adequate
infrastructure caDabilities to the structure.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground instability or
the possibility of mud flow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural watershed, due
to runoff, drainage, soil erosion, and consequent water pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail in the
proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
STAFF FINDING: DOES IT COMPLY? YES
There are no natural hazards or critical site features im acted with the ro osal.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatihle with its surrounding development patterns
and with the site's physical constraints. Specifically, the maximum density of a
PUD may be increased if:
a) The increase in density serves one or more goals of the community as expressed in the
Aspen Area Community Plan (AACP) or a specific area plan to which the property is
subject.
b) The site's physical capabilities can accommodate additional density and there exists
no negative physical characteristics of the site, as identified in subparagraphs 4 and 5,
above, those areas can be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern compatible with,
and complimentary to, the surrounding existing and expected development pattern,
land uses, and characteristics.
STAFF FINDING: DOES IT COMPLY? NOT ApPLICABLE
The density is not proposed to be increased. This standard is not applicable because no
new dwellin units or commercial s ace are ro osed.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
I. provide visual interest or a specific reference to the past, or contribute to the identity
of the town are preserved or enhanced in an appropriate manner.
STAFF FINDING: I DOES IT COMPLY? I NO
The pedestrian experience around the North of Nell building is inconsistent and
uninviting. There is a public space adjacent to the parking ramp, which is dark and
disconnected from the Gondola Plaza. The Plaza side of the ramp houses ticket booths,
which crowd the plaza and minimize transparency to the building. The north and west
edges of the building are compromised by the proximity of the diagonal street parking.
The goal of the D.E.P.P. (downtown enhancement and pedestrian plan) is to convert the
diagonal to parallel parking while widening the sidewalk and increasing the amount of
landscaping and pedestrian interaction. The visual impact of the proposed straight eave
will elongate the perceived length of the building and will eliminate the specific
reference to the past.
Although the Dean Street improvements will affect the building to enhance the
character for the mutual benefit of the various land uses and property users of the PUD,
those changes are part of another PUD, The Residences at Little Nell.
Staff finds that the proposal does not address the pedestrian experience and Staff finds
that this criterion has not been met.
2. Structures have been clustered to appropriately preserve significant open spaces and
vistas.
been achieved.
3. Structures are appropriately oriented to public streets, contribute to the urban or rural
context where appropriate, and provide visual interest and engagement of vehicular
and pedestrian movement.
STAFF FINDING: DOES IT COMPLY? YES
The structure is oriented parallel to the public street. The proposal will increase
edestrian movement and rovide im roved visual interest on the Dean Street elevation.
4. Buildings and access ways are appropriately arranged to allow emergency and service
vehicle access.
STAFF FINDING: DOES IT COMPLY? YES
Fire and emer enc service vehicle access is ade uate to serve their needs.
5. Adequate pedestrian and handicapped access is provided.
STAFF FINDING: I DOES IT COMPLY? T YES!NO
There are sidewalks along the south, east and west sides of the property providing
adequate pedestrian access, but there is a lack of handicap access on the South or West
elevations. The structure was approved and constructed at a time when handicap access
was not a requirement. To make the newly created retail on the Southwest corner
handicap accessible an elevator would be required at the interior lobby of the West
faryade.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
STAFF FINDING: DOES IT COMPLY? YES
Site drainage appears to be accommodated properly and does not negatively impact
surroundin ro erties.
7. For non-residential land uses, spaces between buildings are appropriately designed to
accommodate any programmatic functions associated with the use.
I STAFF FINDING:
I DOES IT COMPLY? I NOT ApPLICABLE
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
and proposed features of the subject property. The proposed development shall
comply with the following:
I. The landscape plan exhibits a well designated treatment of exterior spaces, preserves
existing significant vegetation, and provides an ample quantity and variety of
ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man-made site features, which provide uniqueness
and interest in the landscape, are preserved or enhanced in an appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape features is
appropriate.
STAFF FINDING: DOES IT COMPLY? YES
The neighboring development is responsible for the landscaping associated with the
lowerin of Dean Street. The ro osed develo ment will rovide ade uate landsca in .
E. Architectural Character.
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon the
suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan an architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. Be compatible with or enhance the visual character of the city, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for,
and indicative of, the intended use, and respect the scale and massing of nearby
historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of
the property's solar access, shade, and vegetation and by use of non- or less-intensive
mechanical systems.
3. Accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
I STAFF FINDING:
I DOES IT COMPLY? I NO
Although the design of the building is outdated, there are many condominium and lodge
structures of the same era in Aspen that all contribute to the local architectural character
and are appropriate for the environment in which they are located. The visual interest of
the saw-tooth roof adds to the character of the building, seeking to reduce the perceived
length of the eave. It is staffs opinion that the saw-tooth eave of the flat roof seeks to
emulate a chalet style gable. The proposed straight line cut to the eave will increase the
perceived mass and the addition of applied painted gutter seam brackets will not break
up the building vertically. It is Staffs opinion that the request to demolish the saw-tooth
roofline due to gutter pricing savings is not appropriate and is inconsistent with goals of
the AACP as it relates to "Design Quality". In addition to building's architectural
character, the history of the project is significant as it relates to the initiation of Aspen's
growth management system.
The new height of the building (proposed) is of concern, as it seeks to maximize the
overall height, increasing to 42'. The height is reached by applied architectural arches
that have additional metal ornaments, which could vary by several inches in detail and
construction. In addition, existing roof vents and chimney construction are not included
in the drawings, but site examination finds the height of the elements to be questionable.
It is Staff s opinion that the new arches do not warrant an increase in height and Staff is
requesting that the existing saw-tooth roof remain. The lower saw-tooth eave does add to
the architectural character at the pedestrian level, which Staff finds to be in compliance
with the site design criterion; "existing natural or man-made features of the site which
are unique, provide visual interest or a specific reference to the past, or contribute to the
identity of the town are preserved".
Staff has concerns about the vertical stucco 'columns' and base materials. The columns
framing the primary entry do not connect with the base and are stacked vertically on
sidelight windows adjacent to the door. The base material only covers approximately
two (2) feet of the ground level off of grade. It is Staffs opinion that the base material
for the entire height of the ground level would be more consistent.
Relating specific details, color and palette to the surrounding structures is not a
requirement for the PUD. It is Staffs opinion that the proposed colors (teal, purple and
terracotta) seek to match the Little Nell and Gondola Plaza buildings which will increase
the perception of a 'base village' which is inconsistent with the existing eclectic and
diverse character.
Section 26.412.030 Applicability, which applies to all commercial, lodging, and mixed
use development with a commercial component, states that development which impacts
the exterior of the building is subject to the Commercial Design Standards. Future
exterior design changes will be subject to the Design Standards in place at the time of
that application.
Staff finds that the proposal does not address the pedestrian experience and Staff finds
that this criterion has not been met.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
I. All lighting is proposed so as to prevent direct glare or hazardous interference of any
kind to adjoining streets or lands. Lighting of site features, structures, and access
ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless
otherwise approved and noted in the final PUD documents. Up-lighting of site
features, buildings, landscape elements, and lighting to call inordinate attention to the
property is prohibited for residential development.
STAFF FINDING: I DOES IT COMPL v? I YES
Staff has not yet reviewed the outdoor lighting for the building. Consequently, a
condition of approval has been added requiring inspection of the lighting prior to sign
off on any building permit and the bringing of any non-compliant lighting into
compliance.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the following
criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is deeded
in perpetuity (not for a number of years) to each lot or dwelling unit owner within the
PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the permanent
care and maintenance of open spaces, recreation areas, and shared facilities together
with a deed restriction against future residential, commercial, or industrial
development.
STAFF FINDING: DOES IT COMPL v? YES
Dean Street improvements will affect the building to enhance the character for the
mutual benefit of the various land uses and ro ert users ofthe PUD.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur
an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
I. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided appropriately
and where the developer is reimbursed proportionately for the additional
improvement.
STAFF FINDING:
This development
capabilities.
I DOES IT COMPLV? I YES
does not propose additional impacts to the City's infrastructure
I. Access and Circulation.
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian
and recreational trail facilities and minimizes the use of security gates. The
proposed access and circulation of the development shall meet the following criteria:
I. Each lot, structure, or other land use within the PUD has adequate access to a public
street either directly or through an approved private road, a pedestrian way, or other
area dedicated to public or private use.
STAFF FINDING: I DOES IT COMPLV? I YES
The structure has direct access from a public streets.
2. The proposed development, vehicular access points, and parking arrangement do not
create traffic congestion on the roads surrounding the proposed development, or such
surrounding roads are proposed to be improved to accommodate the development.
STAFF FINDING: DOES IT COMPL v?
No additional traffic con estion is created b
ment.
J. Phasing of Development Plan.
The purpose of this criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development plan
is proposed, each phase shall be defined in the adopted final PUD development plan.
The phasing plan shall comply with the following:
I. All phases, including the initial phase, shall be designed to function as a complete
development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical, occupants
of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate improvements to
public facilities, payment of impact fees and fees-in-lieu, construction of any facilities
to be used jointly by residents of the PUD, construction of any required affordable
housing, and any mitigation measures are realized concurrent or prior to the
respective impacts associated with the phase.
STAFF FINDING: I DOES IT COMPLY? I YES
The establishment of the floor area will coincide with the lowering of Dean Street.
CITY 01<' ASPEN, STATE OF COLORADO
Administrative Appeal Hearing
APPEAL PURSUANT TO ORDINANCE No. 19, SERlES OF Z006
In the Matter of the Appeal of )
NORTH OF NELL CONDOMINIUM )
ASSOClA nON )
)
And )
)
HIE CITY OF ASPEN )
DETERMINATION OF ADMINISTRATIVE HEAlUNG OFFICER
The following Is the determination of Administrative Hearing Officer Timothy E.
Whitsin with respect to the appeal of North of Nell Condominiwn Association ("North o[Nell")'
pursuant to the terms of The City of Aspen Ordinance No. J 9, Series of 2006 ("Ordinance 19")
and regatding thc application of the moratorium established by Ordinance 19 to the development
plans for his property located at 555 E. Durant Avenue, Aspen, Colorado.
Procedural Background
Ordinance 19 was flnaBy adopted by the Aspen City Council to become immediately
effective pursuant to its declaratlQIl of emergency on April 25, 2006, That Ordinance established
a moratorium of six months OJ} the submission of new land use applications and upon the
issuance of new Building Permits within certain designated zone districts, including the
Commercial Lodge ("CL") Zone District in which the North ofNeH is located. Ordinance 19
furthcr incorporated a process for any property owner to lodge an appeal with the City as to the
applicability of the moratorium to his property or development plans. All said appeals, under
Section 5 of Ordinance 19, are to be heard by a Hearing Officer appointed by the City Manager.
City Manager Steve Barwick has appointed the undersigned Hearing Officer to hear and
determine appeals pursuant to Ordinance 19. While Ordinance 19 M originally adopted
incorporated a six-month moratorium, the Aspen City Council on September 23, 2006, enacted
an extension of that moratorium through February of2007.
The North ofNeH, represents the ownership of the property located at 555 E. Durant
A venue, consisting of approximately 40 residential condominiums, 17 commercial
condominiums and appurtenant parking and common am.enities_ It approached the Aspen
EX H IS IT t;
Community Development Department with a plan to undertake certain cosmetic renovations to
the South side of the first floor ofthe North of Nell building. It was reje<:ted based upon the
moratorium on pennit applications under Ordinance 19. North of Nell has requested relief from
the moratorium, claiming fmancial hardship under Section S.B of the Ordinance. That
applkation for relief was accepted by the Community Development Department and an appeal
hearing was scheduled by mutual agreement on September 29,2006, in Aspen, Colorado.
Appellant North of Nell was represented by General Manager Joe Raczak and architect Randy
Wedum. Also attending the hearing to provide information as Lo the proposed construction
project by the Residences at Little Nell was John Sarpa. The City of Aspen was represented by
Senior Planner James Lindt.
Factual Baclql"ound
The North of Nell has been in existence and occupied as a multiple use
residential/commercial condominium complex since 1969. It is further noted that the North of
Nell is considered nonconforming as it currently exceeds the useable FAR under the Commercial
Core zone district regulations on the property on which it is located. For this reason, any increase
in calculated fAR for the North of Nell is prohibited under the Aspen Municipal Code without
the grant of pel1l1ission from the City for the increase in nonconfol1llity. The development is
adjacent, on its South side, to Dean Street, where the historic grade ofthst street left a portion of
the North of Nell's first floor below street level. This condition has in the past led to a
calculation under the fAR regulations which reduced the actual floor area calculation for the
first floor oflhe North of Nell under the Code, due to its subgrade condition.
AIl Wlrelated development on proper:ty across Dean Street from the Notth. of Nell has
resulted in an agreement with the City that the grade of Dean Street will be lowered
approximately three (3) feet in connection with the commencement of construction of that
proiect, which is scheduled to commence by April of 2007 (referred to hereinafter as "the Dean
Street Project"). As a result, all of the first floor of the North of Nell building will subsequently
be at grade on Dean Street. Corresponding with that change, the FAR calculation for the North of
Nell will change since it will then be entirely at or above grade, resulting in an increase in
calculated FAR. This increese in FAR results solely by virtue of the calculation under the Cod.
as a result of the grade change in Dean Street and despite the fact that there will be no change
whatsoever in the developed and occupied space within the North of Nell,
North of Nell has detennined that it would like to undertake a cosmetic renovation Or
reconstruction of the first floor e)trenor wall on the South side.of its stmcture in connection With
tho change of grade or Dean Street, which wlll expose a portion of that wall that was previously
subgrade and which, for that reason, has never been provided any exterior finish. North of Nell
wishes to coordinate this project with the construction on Dean Street, however, it may not
obtain a building pennit for this construction without addressing the calculated increase in its
nonconfonning fAR and Obtaining an approval for that increase from the City. That application
and approvel are, in tum, prohibited by the moratoriwn of Ordinance 19.
2
North of Nell has no control over tbe timing and scheduling of the Dean Street Project.
This project ba. been approved and is already scheduled for construction early in 2007. If-North
of Nell is not permitted, due to the moratorium, to unde11ake its proposed renovation at the .ame
time, then there will be several consequences. First, end most importantly, instead of a single
construction project on Dean Street requiring closure of a portion of that street, traffic control
and the attendant cost~ and inconvenience, there will be two such projects. This further resultS in
exponentially increased construction costs for North of Nell in its own renovation project.
Instead of having the opporluj1ity to utilize the same contractors to W1dertake its renovation at the
same time as the Dean Street project, it will be forced to re-mobilize those contractors or others
at a later date, thus losing considerable economies of scale and duplicating mobilization costs.
Even worse, the North ofNeJl contractors would end up needing to tcar out some of the
construction completed in the Dean Street Project in order to complete Its work, at considerable
inconvenience and additional cost.
The testimony from Mssrs. Wedum and Sarpa at the hearing indicated that the result
would be to increase the North of Nell' s project cost from approximately $250,000.00 1'0 as
much as $600,000.00. This testimony was supported by correspondence introduced by North of
Nell from Mr. Jeffery W. Hanson, Operations Manager of Swinerton Builders. Swinerton is the
general contraCtor for the Dean Street Project Mr. Hanson's correspondence confirmed that
costs would be greatly increased for North ofNelllflt is not permitted to W1dertake its project
along with. the Dean Street Project. lt is noted that the City did not dispute any of the evidence
presented as to the substantial cost impact offorcing North of Nell to 1lIldertake its project after,
rdthcr than concurrent with, the Dean Street Projcct and at the hearing conceded that this
situation constitutes a financial hardship.
Determination
Having considered the presentation of each orthe parties at the hearing and the
requirements of Ordinance 19, the hearing officer dOlonnioes as follows:
1. 'lbere was considerable testimony and written documentation subinitted
supporting the position of North of Nell that the application of the moratorium, which would
result inevitably in the delay of its construction project to follow the Dean Street Project instead
of concurrent with it, would work a severe economic hardship upon North of Nell. It is
detennined tbat these incteased costs do constitute unreasonable financial hardship constituting
tmrecoverable financial loss to appellant North of Nell. lhese costs and losses constitute
increased project costs resulting from the application of the moratorium, which are separate from
and independent of tbe base value of the property, IRS depreciation rules, or the residual. value of
the property.
2. The costs and losses that would be sui:l:'ered by North of Nell are unique to its
particular property and circurnstallces, such that its rigbts are being substantially deprived by the
application of the moratorium,
3 ~
3. It is funber noted tbat this is IWt the sort of development activity which Ordinance
19 was intended to control. in that:
a. The project involves the development of no new occupied space
whatsoever, but is solely an exterior renovation \0 an existing, occupied strUcrore; and
b. The application oflhe moratori1llll in this instance will result in an
increase rather than a decrease in construction activity on Dean Street, as it will prevent the
merging of the Dean Street and North ofNeH projects and prolong the disruption of vehicular
and pedestrian use en Dean Street
Based upon the foregoing it is the determination oflhe Hearing Officer that if North of
Nell is not pennitted due to the application Of the moratorium to make application to the City for
an allowance of its increased FAR, it will suffer substantial financial hardship and subsrantial
unrecoverable .tinancialloss, the circumstances of which loss are unique 10 North of Nell.
Therefore it is the determination of this Hearing Officer that North of Nell should be and is
e)(empted from the application of the moratoriwn pursuanno Section S.B. of Ordinance 19,
SerIes of2006 for the purposes of said application and for any building permit application that
may result therefrom.
Dated: October 2, 2006
4
EXHIBIT C
DRC MINUTES
DRC COMMENTS:
I. Eneineerine Department: Adam:
- Timeline for this summer?
-Improvements before/after?
-Work starts April 18 w/ or w/o North of Nell.
-Modify drawings prior to April 18
-Dean St. improvements must happen at once
Triscia:
-Tie storm pipe with Dean Street
-3 sides of roof will drain into storm pipe, fees?
- Drainage, changing pattern needs to be addressed
2. Buildine Department Denis:
-Construction management plan?
-Provide required accessible routes.
-needs to be accessible all 4 sides
-Ramps to be IBC compliant
-Galena Street access required.
-Ramp for access to South storefronts
-RLN permit is for site plan
-Steven Spears from Design Workshop for site plan
3. Aspen Sanitation District Tom:
-Moving main sewer line for both buildings
-Need to know process for abandoning line
-Joe R. to talk with ACSD
-Secondary Service?
-Agreement is not the same? concerns from Tom.
4. Zonine
Todd:
-New Plat required: Need correct number of units.
-Current plat shows 12 units (not 14) for Comm.
-38 units or 42 for residential, amend plat?
-Clarification/legal advice on split units
-Plat for downstairs (comm.) and upper (resident.)
-Fees: TDM .46 per sqft./Parks 4.10 per net increase
-Lighting Plan must comply
5. Fire
Ed:
-Maintain width for apparatus (Design Workshop)
-Complies with 20'/16' clear width
6. Parks
Brian:
-Trimming/pruning work must be with city
contractor, after consulting with forester.
-The applicant pays for work to trees
-Consult for Galena/Durant-need to consult prior to
construction
-Active irrigation for trees
-Irrigation to be installed w/ sidewalks
-Existing snowmelt will remain (replaced w/ new)
-Evaluating existing trees (hazardous conditions)
.
f)(Hl~IT,..,l? .
~.~J,
RtTA1t4 FOR PERMJ,M:HT ~CORD
A, i :'YMENT 2-LAND USE APPLlCATlON
AIJ!'iJ(J '.,;'r.
Narr-e:
tv 0 C'Th to f- N~ l'
5') S- E. '^-........-..T"
A.
Yl '-A
tion whcrc a ro riatc)
Location:
l'arccllD II (REQUIRED
REPRESENTATIVE:
Namc:
<T\-e."" \.\o('^ I D...v. > \-\.~..."
'2.\'5" '::> \4o"...u..h. >-'-....,-<.
t\"'L s:- b S~
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Addrcss:
Phonc II:
PROJECT:
Name: N 0 ("II--. 0 F- Ne..ll PO 0
Address: ~5O;- E. ~r.. "'-.-r- 'I'\-<::.o.:n
Phone II: "be n......c... --z.-. n:.. C'\ ~ -1 r 1'0
TYPE OF APPLICATION: (please check all that apply):
o Conditional Use [J/ Conceptual PUD
o Special Review @/Final PUD (& POD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
Lot Split
Lot Line Adiustment
o
o
o
o
Temporary Use
TextlMap Amendment
EXISTING CONDITIONS: (descriPtion of existing buildings, uses, previous approvals. etc.)
t:,><,\'~P",.1 14: ~e...A USe ~""'I'L..tII\J
o
o
o
o
o
o
Conceptual Historic Devt.
Final Historic Development
Minor Historic Devt.
Historic Demolition
Historic Designation
Small Lodge Conversion!
Expansion
o
Other:
PROPOSAL: (descriotion of proposed buildings, uses, modifications, etc.)
S....~e b~; \,l ; '"'1' +=It>c.r A f"-=._ ~ ~ h...,...
ill'\.c...r~Ol.J~ .
FEES DUE: $_\ OJ "'2.. ?-.
~ you attached the following?
L:! yre-Application Conference Summary
~,/.ttaclunent #1, Signed Fee Agreement
r::r Response to Attaclunent #3, Dimensional Requirements Form
G]/Response to Attaclunentll4, Submittal Requiremcnts- Including Writtcn Responscs to Rcvicw Standards
All plans that arc larger than 8.5" x 11" must he folded and a noppy disk with an electronic copy of all written
text (Microsoft Word Format) must be suhmitted as part of the application.
l
j~.:
. ?ERWtNEKr RECORD
to
CITY (IF ASPEN COMMUNITY DEVELOPMENT D'E' 'ARTMENT
A.r..menl for PaVlllent of CiN of A..on Deyclli ,menl Aoolle.Uon "0..
CITYOl'ASPBN(h...einoft",cITY)"'d--.N.()r1~ of ~...\ c.ot'l..l~tn' f\ t I,A.~
(h...inoJ "'r APPLICANT) AGREE AS FOLLOWS: \
I. MPLlCANT h... aubmitted to CITY an appli"",ie'rt I IT
? u Pk~n)..1
(h....inaller. TIlB PROJECT).
Z. APPLICANT und<<$Wl<U and agre.s illat City of Aspen Ordinance No. 57 (Serie. of 2000)
establi.h :s a fee structure for Land U.. applications and the payment. ,f all proc.ssing fees is a condilion pltCedent
to a dote roination of application C<Jmpleteness,
l. APPLICANT and CITY agree thaI because of Ihe si ". nature or scope of the proposed project, it
is nol ~ ,.sible at lhis time to ""ONih the lUll eKtent of ill. cc 110 involved in processing lbe application.
APPLlC ~NT and CITY l\Inltor agree thaI ;1 is in the in...." of Iii, ponies illal APPLICANT make payment of an
initial d 'J>OSit and In th"",aller pem1;t additional co.1a to be bi I.d to APPLICANT on a montJ>ly basis.
Al'PLIC'INT alll= addition.1 costs may .ccru. following their hem, g. ondIor approval.. APP1.ICANT agm:s he
will be 'IOnollled by relaining gn:ater c...h liquidity and will make; dditional paymon'. upon notifi<1ltion by the
CITY w len they ore necesS3l)' .. COStS are inc1lrl'ed. CITY agrees it. vill be ben.n..d through the grealer cenainty
of recov :ring iI. lUll costs to process <\PPLlCANT'S application.
4. CITY and APPLICANT funher a.g~ illat ;, is irnpnlcticable for CITY staff to complet.
proc...' Ig or present snfficicnl informatinn to the Planning Commis,i m andlor City Council to <1lablc the PlalUting
Conuni. ,ion andlor City Council to make legally reqllired /lndings fo projecI consideration, IInless <UI'Oo' billings
arc paid in full prior to d~lslon.
5, Therefore, APPl-lCANT .grees that in con.iden.tlo I of the> CITY's w.iver of its right to collect
full fee, prior to a d...rmiIlation of application ""mpl...n.ss, API LlCANT .haIl pay an initi.1 deposit in .he
amount >fS 1"'\.... 'l- which is (or J.2,-- hours of CUItUl unity Development staff lime, and if Il:tnal
recorde< costs exceed the initial deposit, APPLICANT shall pay add lion.1 monthly bilJingJ to CITY to reimburse
ille CIT r fot the processing of the application mentioned above, inclu ling poSt approval review a' a rate of $220.00
per plM ler hour over tho jnhial deposit. Such periodic payments sh, Il be made within 30 day. of the billing dare.
APPLl( ANT lUrther agrees that failure to pay such ""erned costs snal be grounds for .uspension o(proces.ing, .nd
in no ca :e will building permi.. be issued until all cost. usod"ed wili case processing have been paid.
CITY < 'F ,4,SPEN'
APP'l..l :ANT :roe. n...." -z.... "
By:_
Cl,rls Bendon
C, lmmunity Development Director
~'-~
Dat", \ ~\ 0
Mailil) ~ Address:
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.--.....-....-
KlT ACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zonc District:
Lot Sizc:
Lot Arca:
V or,--~ of
NLJ/lh DF
5)~:S- 'E '" ~~
C.L
We ~I
Ne L/
0......,...."'.,....
?uo
"2- -, I l:>..:;lo
'1.. -,., =00
(for thc purposcs of calculating Floor Arca, Lot Arca may bc reduccd for arcas
within thc high watcr mark, cascmcnts, and stccp slopcs. Plcasc rcfcr to thc
dcfinition of Lot Arca in thc Municipal Codc.) .
1 ",\q~
Existing:J~"'t
Existing:-..l:J'O
Existing: ~'1
Proposed:
Proposed:
Proposed:
J,.?, ~"'30
L-{O
~"\
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: 85:di'lAllowable: '2'1000 Proposed: gg ,b 4 0
Principal bldg. height 'b~1 '311 4 I I
Existing: Allowable:"\...: Proposed: L..f~
Access. bldg. height Existing: "'I\- Allowable: 14 A- Proposed: tJA-
On-Site parking: Existing: b)... Required: GIlL'l1.....Proposed: 61-
% Site coverage: Existing: 100 Required: N~ Proposed: 100
% Open Space: Existing: 0 Required: 0 Proposed: 0
Front Setback: Existing: 'D . Required: 0 Proposed: 0
Rear Setback: Existing: ([) Required: 0 Proposed: -V
Combined FIR: Existing: 0 Required: 0 Proposed: '0
Side Setback: Existing: 0 Required: 0 Proposed: 0
Side Setback: Existing: 0 Required: 0 Proposed: 0
Combined Sides: Existing: 0 Required: 0 Proposed: 0
Distance Between Existing N~ Required: NIT Proposed:.1!...Pr-
Buildings
Existing non-conformities or encroachments: r\ ocr f\.r~",- I ?..... rJ-1:.. "':)
Variations requested:
~ \o~r
F\- r<::J..4... \ ?V- no:: .- "'J \-\Q \~ L-\.-r-
GALENA STREET
Site Limit f Disturbance
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Dean Avenue/North of Nell Interface
!:xh'rbit 6
NEW STORMWATER FLOW LINE WITH
DRAIN INLETS
PROPOSED STAIRCASE
PLANTER WALL (TYP)
16.5' WIDE STAIRCASE
LIMIT OF CHANGE FROM EXISTlNG DEAl
AVENUE (PER RLN P,U.D.)
NEW RETAIL ENTRANCES PER NORTH OF
NELL CONCEPT (TYP)
16.5' WIDE STAJRCASE
NORTH OF NELL BUILDING
FFE : 34.84
16.5' WIDE STAIRCASE
6'.0. WIOE PATHWAY (MATERIALS TSD)
SIDEWALK WITH STAIRS (57' WIDE)
PROVIDING ACCESS FROM GONDOLA
PLAZAAND EAST DEAN AVENUE
ffi NORTH
NolloScale
DESIGNWORKSHOP
120 EastMainSmet
Aspcn, CO 81611
970.925.8354
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ASPEN PLANNING & ZONING COMMISSION MEETING
MINUTES Mav 15.2007
COMMENTS .............................................................................................................2
DECLARA nON OF CONFLICTS OF INTEREST ................................................2
NORTH OF NELL PUD ...........................................................................................2
1
ASPEN PLANNING & ZONING COMMISSION MEETING
MINUTES Mav 15.2007
Ruth opened the regular Planning & Zoning meeting in the Sister Cities Meeting
Room. Commissioners John Rowland, David Guthrie, Dylan Johns, LJ Erspamer,
and Ruth Kruger were present. Brian Speck and Steve Skadron were excused.
Staff in attendance: Joyce Allgaier, Jessica Garrow, Community Development;
Jackie Lothian, Deputy City Clerk.
COMMENTS
Ruth Kruger thanked City Council for the support of upholding the 1001 Ute
decision. Kruger suggested postponing the minutes until the next meeting and
breaking the minutes into 3 sets at a time.
DECLARATION OF CONFLICTS OF INTEREST
None stated.
PUBLIC HEARING:
NORTH OF NELL PUD
Ruth Kruger opened the public hearing North of Nell PUD. Notice was provided.
Kruger asked why this came through the P&Z and Council and not just an
administrative decision. Jessica Garrow responded that a PUD was needed as well
as P&Z and Council approval.
Jason Lasser explained that Dean Street was being lowered with a pedestrian
access plan; there was no increase to the building but the hearing officer, Tim
Whitsitt, stated the grade change was from the construction on Dean Street. Staff
and the hearing officer determined the construction activity of fixing the southern
fayade would be exempted because of the existing construction on Dean Street.
Lasser distributed a new Resolution # 19 with changes in the conditions; the word
applicable was added to # 1; the applicant would provide graphic calculations; the
installation of an elevator to comply with ADA requirements; the height of the
building to be calculated; lighting plan added prior to recording the plat. This
project would be a nice addition to Dean Street.
Joyce Allgaier stated that the applicant's planner, Glenn Horn, presented new
information, which were some architectural changes to the building, such as
changes to the balcony railings, an additional cornice at the rooftop, removal of the
saw tooth edge and building up of the vertical members of the outside of the
building. Allgaier said that for these architectural exterior changes could be
accomplished by Community Development administratively and were not subject
to the moratorium and staff would like to see the entire PUD package come as one
piece to P&Z.
2
ASPEN PLANNING & ZONING COMMISSION MEETING
MINUTES Mav 15,2007
Jim True said that staff could address the architectural aspects. True stated that
P&Z had the discretion to consider everything tonight, or hear only the PUD, or
continue the whole hearing.
Jason Lasser said that the architectural drawings did not reflect the new changes.
Glenn Horn said that Randy Wedum was the architect, Joe Raczak was the
manager of the North of Nell and Steve Spears was from The Residences at Little
Nell. Horn noted that this project went through 3 City Planners. The North of Nell
was built in 1969 and represents the architecture of that era. Horn stated that part
of the PUD was to include a make-over for the building, cosmetic face-lift and
submitted architectural plans. Horn said that they could present the architectural
plans and staff could have time to review those plans and this could come back
with answers to the questions.
Joe Raczak said that they were told this could be a cosmetic improvement done
administratively with Community Development and the Dean Avenue
improvements made the North of Nell go through a major process.
Steve Spears said that the Residences were to construct the entire Dean Avenue
right-of-way from Galena to the Gondola Plaza and maintain through perpetuity.
Spears said part of the approval of the Residences was to redesign and re-engineer
Dean Street to make it the best street in Aspen with the richest pavers. Dean
Avenue was lowered, which exposed the North of Nell blank wall.
Randy Wedum utilized drawings to illustrate the architectural changes to the
fayade to break up the block building with vertical columns, railings and a stone
base using the red base stone. There were stairs up to Dean Street.
Horn said the basic PUD was simple; there was no increase in net leaseable.
Guthrie stated this retail/commercial space would not be affordable "mom and
pop" space but rather high end retail. Kruger noted that the North of Nell was
forced to redo the space. Guthrie said that it was definitely a terrible space prior
to the remodel. Lasser stated from the hearing officer report "solely by virtue of
the calculation under the code as a result in the grade change in Dean Street and
despite the fact that there will be no change what so ever in the developed occupied
space change within the North of Nell".
3
ASPEN PLANNING & ZONING COMMISSION MEETING
MINUTES Mav 15.2007
LJ Erspamer asked where the elevator was being added. Wedum replied the lift
was where Stephen Kalein was located on the west side; there were 2 steps down
from Galena. Lasser explained this request for a lift came from the DRC
(Development Review Committee).
No public comments.
Dylan Johns said that exterior renovation would enhance the area of town. Johns
requested front and side elevations to illustrate the building as an element itself.
John Rowland said that vitality for Dean Street would be created and the new
direction for architecture was good.
LJ Erspamer echoed John and Dylan's thoughts.
David Guthrie said that this was an improvement.
Ruth Kruger congratulated the applicant for the improvements with the number of
owners to bring the project to this point.
MOTION: Dylan Johns move to continue the public hearingfor the North of Nell
to June 5th; seconded by John Rowland. All in favor, approved.
MOTION: LJ Erspamer moved to adjourn the meeting; seconded by David
Guthrie. All infavor, approved.
Jackie Lothian, Deputy City Clerk
4
!;XH1'IT G
RESOLUTION NO. 19,
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A
PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-
CONFORMING DIMENSIONAL STANDARDS, FOR THE NORTH OF NELL
CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND
I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel W: 2737-182-49051
. WHEREAS, the Community Development Department received an application
from the North of Nell Condominium Association (Applicant), requesting approval of a
Planned Unit Development (as described in attached Exhibit A); and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, Parking, City Engineering,
Building, and Parks, as a result of the Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommends approval of the Planned Unit Development for the North of Nell
Condominiums; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approvals of the development proposal are consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommends
City Council approve the Planned Unit Development and Amendment to the Official
Zone District Map, by a vote of three to two (3 - 2); and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 17th DAY OF
JULY 2007, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
North of Nell Condominiums, parcel identification of 2737-182-4905 I, the Aspen Planning
and Zoning Commission recommends approval of the proposed Planned Unit Development,
subject to the following conditions:
I. Prior to final approval, the applicant will provide a PUD plat that reflects actual
floor area and ratio as calculated according to the Aspen Land Use Code.
2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of
the final approval by City Council and shall include the information required to be
included in a PUD Agreement, pursuant to Section 26.445.070(C).
3. Prior to issuance of any building permit for any improvement to the building, the
applicant shall submit building elevations and design details showing the design
of all future balcony enclosures as approved by the Sagewood Condominium
Association. The design shall be approved by the Community Development
Director. Building permit applications shall conform to the approved design.
4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of
Pitkin County subsequent to receipt of a development order, or prior to issuance
of a building permit.
Section 2:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission or City Council, are hereby incorporated in such plan approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invali'd or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN AT ITS REGULAR MEETING ON THIS 17TH DAY OF JULY, 2007.
APPROVED AS TO FORM:
PLANNING AND
COMMISSION:
ZONING
John Worcester, City Attorney
Dylan Johns, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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PROPOSED FLOOR AREA ANALYSIS IN
SQUARE FEET
TOTAL FLOOR AREA
Lot Area
27,886
Total Floor Area
83,739
Total F. A. R.
3: 1
Total Permitted F.A.R.
3:1
COMMERCIAL FLOOR AREA
Lot Area
27,886
Commercial Floor Area
22,924
Commercial F.A.R.
.82:1
Permitted Commercial F.A.R.
1:1
RESIDENTIAL FLOOR AREA
Lot Area
27,886
Residential Floor Area
60,815
Residential F.A.R.
2.18:1
Permitted Residential F.A.R.
.5: 1
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EXISTING FLOOR AREA ANALYSIS IN
SQUARE FEET
TOTAL FLOOR AREA
Lot Area
27,886
Total Floor Area
82,306
Total F. A. R.
2.9: 1
Total Permitted F.A.R.
3:1
COMMERCIAL FLOOR AREA
Lot Area
27,886
Commercial Floor Area
21,154
Commercial F.A.R.
.76:1
Permitted Commercial F.A.R.
1:1
RESIDENTIAL FLOOR AREA
Lot Area
27,886
Residential Floor Area
60,762
Residential F.A.R.
2.17:1
Permitted Residential F.A.R.
.5: 1
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MEMORANDUM
TO:
Mayor Ireland and Aspen City Council
COPY:
John Worcester, City Attorney
Chris Bendon, Community Development Directo~VYl
Appeal of Community Development Director Decision - Moratorium on
change-in-use in the Commercial Core.
Resolution No. b :?, Series of 2007.
First reading of Ordinance Noll, Series of 2007. Amendments to
Commercial Core Moratorium.
FROM:
RE:
DATE:
August 27,2007
SUMMARY:
Ordinance No. 51, Series of 2006, established a temporary moratorium on the issuance of
building permits in the Commercial Core Zone District, and was adopted on December 12,
2006. This moratorium was extended through the adoption of Ordinance No. 26, Series
2007, and is currently set to expire December 12, 2007.
The moratorium prohibits the Community Development Department from issuing building
permits for properties in the Commercial Core (CC) Zone District ifthe effect of the building
permit will change the profile or intensity of the use of the property.
The Mill Street Plaza building is located on the comer of Mill Street and Hopkins Avenue.
The space within the building is located on this comer of the building and is currently
occupied by the Grand Hyatt timeshare sales office. This use (office) is no longer allowed on
the ground floor of Commercial Core buildings. The timeshare office was a pre-existing
condition when the prohibition was adopted and is considered a grandfathered use.
The owner, M&W Properties, would like to replace the timeshare office, in part, with a
retailer - the J-Crew - and an adjacent restaurant - Cache Cache. Pursuant to the
moratorium ordinance, the owner's representative, Sunny Vann, applied to the Community
Development Director for an exemption from the moratorium for such a conversion. The
Director found that the proposed change was not eligible for an exemption and denied the
request. See attached letter. The applicant has appealed this decision.
There are three criteria upon which the City Council has to decide this appeal. Based solely
upon the record established by the original decision, the City Council shall consider whether
I) there was a denial of due process; 2) the administrative body exceeded its jurisdiction; or,
3) the administrative body abused its discretion. The City's code states that the decision or
determination made by the administrative office shall not be reversed or modified unless
there is a positive finding on one of these criteria.
I
Staff believes that the decision was rendered appropriately and that the Director's authority
was not exceeded and no abuse of discretion occurred. Staff believes that the applicant's due
process rights were correctly observed. This is a procedural appeal and Staff does not
believe any procedural mishap occurred.
However, Staff also believes that the proposed change in tenancy is desirable and could be
considered an improvement in keeping with the spirit and intent of the moratorium ordinance.
Office use was eliminated as a ground floor use in part due to this timeshare office replacing
the former retail tenant. Recovering this space as a retail space would eliminate a non-
conforming use. Replacing the timeshare office with another office would be exempt from
the moratorium and counter to the stated desire to maintain and improve vitality, tourist
experience, and economic strength of the downtown retail district.
In light of this staff position, there are two options for Council to consider: 1) a finding that
the proposed change in tenancy meets the spirit and intent of the moratorium and therefore an
exemption is warranted; or, 2) that the provisions of the moratorium ordinance should be
amended to accommodate such a change in tenancy.
Attached are two Resolutions. One finds that the Director acted correctly and affirms the
decision. This could be combined with direction to amend the moratorium. (See related first
reading.) The second finds that the change in tenancy meets the spirit and intent of the
moratorium ordinance and qualifies for an exemption.
RECOMMENDATION:
Staff believes the Director's decision was rendered correctly and that no procedural mishap
occurred. Staff also believes the change in tenancy is desirable and in line with the goals of
the moratorium. Staff recommends City Council either uphold the Director's decision
and direct staff to amend the moratorium ordinance or adopt the second resolution
finding the at this specific case qualifies for an exemption.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION: (all motions must be made in the positive)
"I move to approve Resolution No. a, Series of 2007, [affirming or reversing] the
Community Development Director's decision regarding Mill Street Plaza and the moratorium
on Commercial Core building permits."
A TT ACHMENTS:
Exhibit A - Affidavit of notice
Exhibit B - August 7, 2007, Letter from Sunny Vann and Community Development Director
Decision.
Exhibit C - Ordinance 51 of2006, Ordinance 2, of2007, and Ordinance 26 of2007.
2
'/
RESOLUTION NO. \C _, (Affirming Decision)
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING A
DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
REGARDING THE COMMERCIAL CORE MORATORIUM.
WHEREAS, the Community Development Director received a request for a
decision on the eligibility of a change in tenancy at the Mill Street Plaza building for an
exemption from the moratorium on building permits in the Commercial Core pursuant to
Ordinance No. 51, Series of 2006, and as amended by Ordinances 2 and 26, Series of
2007; and,
WHEREAS, the Director rendered a decision and the Applicant, Sunny Vann on
behalf of M& W Properties, sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm a decision
regarding the moratorium made by the Community Development Director or reverse or
modify the decision upon a finding that there was a denial of due process, exceeding of
jurisdiction, or abuse of authority in rendering the decision; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from Sunny Vann and the Community Development Director and has found
that the Director provided due process and neither exceeded his jurisdiction or abused his
authority in rendering the decision; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the
Community Development Director's decision of the Land Use Code regarding a change
in tenancy at the Mill Street Plaza building and the moratorium on building permits in the
Commercial Core.
This Resolution shall not affect any eXlstmg litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
Resolulion No. _' Series of 2006. Page I
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED by the Aspen City Council at its regular meeting on
,2007.
ATTEST:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
Resolution No. _, Series of2006. Page 2
RESOLUTION NO. _, (Amending Decision)
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
APPEAL AND REVERSING THE DECISION OF THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING THE COMMERCIAL CORE
MORATORIUM.
WHEREAS, the Community Development Director received a request for a
decision on the eligibility of a change in tenancy at the Mill Street Plaza building for an
exemption from the moratorium on building permits in the Commercial Core pursuant to
Ordinance No. 51, Series of 2006, and as amended by Ordinances 2 and 26, Series of
2007; and,
WHEREAS, the Director rendered a decision and the Applicant, Sunny Vann on
behalf ofM&W Properties, sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm a decision
regarding the moratorium made by the Community Development Director or reverse or
modify the decision upon a finding that there was a denial of due process, exceeding of
jurisdiction, or abuse of authority in rendering the decision; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from Sunny Vann and the Community Development Director and has found
that the Director provided due process and neither exceeded his jurisdiction or abused his
authority in rendering the decision; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council approves the appeal of
the Community Development Director's decision regarding a change in tenancy at the
Mill Street Plaza building and the moratorium on building permits in the Commercial
Core and reverses the decision as follows:
The change in tenancy of the commercial space currently occupied by the Grand Hyatt
Timeshare Sales Office to retail and restaurant use, in whole or in part, is consistent with
the spirit and intent of the moratorium on building permits in the Commercial Core and is
hereby issued an exemption therefrom.
Resolution No. _, Series of 2006. Page I
This Resolution shall not affect any eXlstmg litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED by the Aspen City Council at its regular meeting on
,2007.
ATTEST:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
Resolution No. _' Series of2006. Page 2
ORDINANCE NO.J'~
(Series of 2007) -'1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING A TEMPORARY MORATORIUM ADOPTED
PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AND AS AMEDED
PURSUANT TO ORDINANCE NO.2, SERIES OF 2007, AND AS AMENDED
PURSUANT TO ORDINANCE NO. 26, SERIES OF 2007.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created,
established, organized and existing municipal corporation under the provisions of Article
XX of the Constitution of the State of Colorado and the home rule charter of the City (the
"Charter"); and
WHEREAS, the City of Aspen currently regulates land uses within the City limits
in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its
Home Rule Constitutional authority and the Local Government Land Use Control Enabling
Act of 1974, as amended, 9929-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to
Ordinance Number 2, Series of2007, and Ordinance No. 26, Series of2007; and,
WHEREAS, the Community Development Department recommended and
amendment to the types of development activity exempt from the provisions of the
moratorium - specifically building activity replacing a ground floor office use to a retail use;
and,
WHEREAS, the Aspen City Council has reviewed and considered the proposed
amendment, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the City Council finds the application meeting or exceeding all
applicable standards of the land use code ofthe City of Aspen Municipal Code and that the
approval of the proposal 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 - Chanees to Moratorium:
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of2007, and Ordinance No. 26, Series of2007, shall continue in its full force and effect and
nothing in this Ordinance shall be construed to alter the substantive content of Ordinances
51, 2, and 26, except as follows:
. The Community Development Director shall exempt from the provisions of this
moratorium building permit applications that replace, in whole or in part, ground
Ordinance No. _, Page I
Series 2007
floor office space with restaurant or retail use.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 4:
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 4:
A public hearing on the Ordinance shall be held on the 24th day of September, 2007, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 20th day of August, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FIN ALL Y adopted, passed and approved this
day of
,2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Ordinance No.
Series 2007
-'
Page 2
~hi:4
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
~lff~~~11~~pnJ "(-Mil
SCI;J,EDULED PUBLIC HEARING DATE: ~
~ r;2.1- ,200~
, Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ .~Jr:;:,x} (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
L Providing notice 10 appellant: By emai[ing to the applicant's representative.
OMmM
Signature
WITNESS MY HAND AND OFFICIAL SEAL
;ri:i""t:i~~
Notary Public
My Commission Expires 0912&2009
ATTACHMENTS: email confirmation from Applicant's representative.
Page I of2
Chris Bendon
From: Sunny Vann [vannassociates@comcast.net]
Sent: Tuesday, August 21, 2007 11 :42 AM
To: Chris Bendon
Subject: RE: Notice for appeal on Mill St Plaza
Thanks Chris, I am in receipt of your notice. Where is this item on the Council agenda?
Sunny Vann, AICP
Vann Associates, LLC
230 East Hopkins Avenue
Aspen, CO 81611
Phone (970) 925-6958
Fax (970) 920-9310
E-mail: vannassociates@comcast.net
From: Chris Bendon [mailto:chrisb@ci.aspen,co.us]
Sent: Tuesday, August 21, 2007 11 :28 AM
To: vannassociates@comcast.net
SUbject: Notice for appeal on Mill St Plaza
Sunny: We're required to provide notice to you on the appeal on our decision for Mill Street Plaza. We set the
hearing for August 27th at 5 pm in the basement of City Hall, 130 So. Galena Street. Aspen Colorado 81611.
Please send back an email confirming your receipt of notice. Thanks.
Cheers,
Chris Bendon, AICP
Community Development Director
City of Aspen
970.920.5090 I WW'>IIJ,lsPenlpitlsin,Gom
8/2112007
VANN ASSOCIATES, LLC
Planning Consultants
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August 7, 2007
HAND DELIVERED
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Mill Street Plaza Building Remodels
Dear Chris:
In 2002, M&W Properties leased approximately 6,400 square feet in the Mill Street
Plaza building to Hyatt Vacation Properties for office use. Approximately 2,800
square feet is located on the building's ground floor while the remaining 3,600 square
feet is located on the building's basement level.
With the adoption of Ordinance No. 28a in 2004, office uses were prohibited on a
building's ground floor in the CC, Commercial Core, zone district except ..... within
spaces set back a minimum of 40 feet from a street and recessed behind the front-most
street-facing facade". As Hyatt's ground floor office space does not meet this
requirement, it is now considered a non-conforming use. Pursuant to Section
26.312.020 of the Land Use Regulations, the ground floor space may be leased to
another tenant for office use provided that there is no discontinuance of the use for
more than twelve months. The office space may also be reduced in size but cannot be
expanded.
As we discussed, Hyatt will be vacating its 6,400 square feet of office space. M&W
Properties has leased 1,400 square feet of the Hyatt ground floor space and 1,200
square feet of its basement space to a new office tenant. The remaining 1,400 square
feet of Hyatt's ground floor space, and an additional 1,400 square feet of its basement
space, has been leased to J Crew, a national retail clothing tenant. The Cache Cache
restaurant wishes to lease the remaining 1,000 square feet of the Hyatt basement space
to expand the restaurant.
In December of 2006, the City Council adopted Ordinance No. 51 which placed a six
month moratorium on the acceptance of building permits within the CC zone district.
230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
Mr. Chris Bendon
August 7, 2007
Page 2
The moratorium was extended until December 12, 2007 pursuant to Ordinance No. 26
which was adopted in May of this year. Section 2, paragraph Cd) of the original
ordinance provides an exemption for "... work that is limited to the interior of...
commercial space used solely for office use within a building or structure so long as
such permit does not alter the use of the building or portion thereof". Based on this
provision, and the City's non-conforming use regulations, I believe a building permit
application can be submitted to remodel the existing Hyatt ground floor space to
accommodate a new office tenant. At 1,400 square feet, the remodeled office space
will be smaller than Hyatt's current office space, and represents a reduction in the
building's existing noncconforming office use,
Ordinance No. 51, however, does not appear to contain any exemption which would
permit submission of building permits to accommodate either the J Crew remodel or
an expansion of the Cache Cache restaurant. Based on the terms of the lease, M&W
Properties must deliver the J Crew space to the tenant no later than June 1, 2008 or
risk losing rpe lease and incurring substantial damages. Similarly, Cache Cache
would need to remodel their space in the 2008 off-season, that is after they close in
April and before they reopen in June.
Given that the moratorium does not expire until December, and the fact that building
permit applications can presently take as much as six months to process, it will be
extremely difficult, if not impossible, to remodel the J Crew and Cache Cache spaces
in sufficient time to meet M&W Properties' lease obligations and its tenants' needs.
We believe that both J Crew and an expanded Cache Cache restaurant are commercial
uses which are entirely appropriate in the CC zone district and consistent with the
City's desire to promote local serving businesses. The Hyatt office space has no
historical significance, and its conversion to retail/restaurant use would appear to be
outside the scope of what Ordinance No. 51 was intended to address.
I would appreciate it if you would confirm in the space provided below that: 1) a
building permit application to remodel the existing ground floor Hyatt space to
accommodate a smaller office use may be submitted exempt from the current CC zone
district moratorium and 2) that no exemptions presently exist that would permit the
remodeling of the remainder of the Hyatt space to accommodate either the J Crew
retail space or the expansion of the Cache Cache restaurant. Assuming that you agree
that no exemptions are available for the remainder of the proposed remodel, M&W
Properties wishes to appeal your decision to the City Council as provided for in
Section 4, paragraph A. of Ordinance No. 51. In the event required, we will prepare
a separate notice of appeal pursuant to the provisions of Section 26,316 of the Regula-
tions.
Mr. Chris Bendon
August 7, 2007
Page 3
Should you have any questions, or require additional information, please do not
hesitate to call. Your timely attention to this matter would be sincerely appreciated.
Yours truly,
ASSOCIATES, LLC
cc: Anthony J. Mazza
Athur C. Daily, Esq.
COMMUNITY DEVELOPMENT DIRECTOR CONFIRMATION:
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Chris Bendon, Director
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ORDINANCE NO. 51
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SIX MONTH MORATORIUM ON THE ACCEPTANCE OF BillLDlNG
PERMIT APPLICATIONS REGULATED BY SECTION 105 OF THE
INTERNATIONAL BUILDING CODE FOR ANY PROPERTY LOCATED IN THE
COMMERCIAL CORE ("CC") DISTRICT OF THE CITY OF ASPEN; AND,
DECLARING AN EMERGENCY.
WHEREAS, the City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority and the Local Govemment Land Use Control Enabling Act of 1974, as
amended, ~~29-20-101, et seq. C.R.S; and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members; and
WHEREAS, the economy of the City of Aspen including operating revenues of the City
(which consist, in substantial part, of the proceeds of its sales taxes) are dependent upon the tourism
industry which in turn is dependant upon the area's scenic and recreational attractions, its mild
climate, and the unique historic character of its central business district; and
WHEREAS, there is a substantial public interest in the preservation of the unique historic
nature and character of certain structures, including their interiors and current uses, located within
the commercial core district of the City of Aspen; and
WHEREAS, the City Council finds, detennines and declares that the public health, safety,
welfare and convenience require the preservation of the aesthetic beauty of the City of Aspen. its
historic and community character, and the unique character of the uses of buildings and structures
within the commercial core of the City of Aspen; and,
WHEREAS, the fundamental purposes of regulating land uses include: the protection of
property values; the advancement of the attractiveness of the aesthetics of the City; the
improvement of the experience of tourists visiting the City; the encouragement of the most
appropriate uses ofland; the preservation of the current vitality, character, and history of the City's
central business area; the preservation, conservation, and protection of uses and values of land and
buildings within the central business area of the City; and
WHEREAS, in light of the potential loss of buildings, structures, objects, and existing
uses within certain buildings within the Commercial Core District of the City that may have
historical significance for the City and the negative impacts such loss would have on the health,
Emergency Ordinance
Ordinance No. 51, Series of 2006
Page 1
peace, safety, prosperity, and general well-being of the residents and visitors of Aspen, urgent
action is necessary and the exercise of the authority granted to City Council pursuant to Section
4.11 of the City of Aspen Municipal Charter is warranted; and,
WHEREAS, the City Council finds, determines and declares that the City Council and the
Community Development Department require a period of time in which to review all existing
land use and building codes and regulations as they affect properties within the Commercial Core
Zoning District whose current uses add to the value, aesthetics, tourist experience, vitality,
character, or history to the City's Commercial Core to ensure that all land use development
proceeds in a manner that is consistent with the Aspen Area Community Plan; and
WHEREAS, the City Council desires that the staff of the Community Development
Department conduct a thorough analysis and assessment of the Land Use Code and Building
regulations affecting the development of properties within the Commercial Core, in particular
those whose current uses add to the value, aesthetics, tourist experience, vitality, character, or
history; and
WHEREAS, a six month moratorium on the acceptance of applications for, and the
issuance of, building permits related to buildings or structures within the City of Aspen
Commercial Core Zoning District will enable a reasoned discussion and consideration of
amendments to the Land Use Code and Building regulations without creating a rush of
development and building permit applications and the related impacts on the community; and
WHEREAS, the City Council has determined that it is necessary to declare an
emergency for the preservation of public property, health, peace, and safety with the imposition
of a moratorium on the issuance of building permits for buildings or structures located within the
City's Commercial Core Zoning District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, AS FOLLOWS:
Section 1. Moratorium on the AcceDtance of and Issuance of BuUdin!! Permits.
There is hereby imposed a six month moratorium on the acceptance of applications within the
Commercial Core (CC) Zone District by the Community Development Department of Permits
govemed by Section 105 of the International Building Code as adopted and amended by Chapter
8.20 of the City of Aspen Municipal Code. In addition, there is hereby imposed a six month
moratorium on the applicability of the exemptions from permit requirements set forth at Section
105.2 of the International Building Code with respect to the following types of development
activity within the Commercial Core Zone District: tiling, cabinets, counter tops, and similar finish
work, including window and door trim, base board, wainscot, and built-in furniture such as booths,
banquets, bars, and shelving. Accordingly, the aforementioned types of activities shall be
prohibited during the duration ofthe moratorium imposed by this Ordinance,
Section 2.
ExemDtions Crom Moratorium.
The Chief Building Official shall exempt the following Building Permit applications from this
temporary moratorium:
Emergency Ordinance
Ordinance No. 51, Series of2006
Page 2
(a) Any application for a Bnilding Permit, or portion of an application for a Building
Permit, submitted to the Community Development Department prior to final passage
of this ordinance and deemed to be complete by the Chief Building Official.
(b) Any application for a Building Permit, or portion of an application for a Building
Permit, for signs or for work that is limited to the exterior of a structure.
(c) Any application for a Building Permit, or portion of an application for a Building
Permit, for work that is limited to and consistent with an approved Development
Order, or an ordinance granting specific land use approval(s),
(d) Any application for a Building Permit, or portion of an application for a Building
Permit, for work that is limited to the interior of non-commercial spaces (residential
or lodging use) or commercial space used solely for office use within a building or
stnicture as long as such permit does not alter the use of the building or portion
thereof.
(e) Any application for a Building Permit, or portion of an application for a Building
Permit, for work that is limited to the interior spaces of commercial spaces within a
building or structure that is detennined by the Community Development Director to
be undertaken to move an existing uselTom one location to another within the
Commercial Core Zone District or, to make minor improvements to a business'
existing space, and which does not substantially alter the intensity ofthe use and the
profile of the use.
(f) Any application for a Building Permit, or portion of an application for a Building
Permit, for work that is limited to improving the accessibility of a building or
portion thereof.
(g) Any application for a Building Permit, or portion of an application for a Building
Permit, for exploratory purposes. For example: a permit to remove drywall to
determine the structural capability of a wall.
(h) Change orders and secondary permits for buildings, or portions thereof, for which
a Main Permit is active. For example: a mechanical permit for a space which has
an active Main Permit (a.k.a. "number one permit").
(i) New Main Permits for buildings, or portions thereof, for which a Main Permit is
already active. For example: a "tenant finish" for a "shell" which is currently
under construction.
CD Any application for a Building Permit, or portion of an application for a Bnilding
Permit, submitted to the Community Development Department that is determined
by the Chief Building Official to be for the sole purpose of repairing a building or
Emergency Ordinance
Ordinance No, 51, Series of 2006
Page 3
structure, or portion thereof, necessary for the correction or prevention of a
dangerous, unsafe, or unsanitary condition.
(k) Painting, papering, and carpeting which does not require a building permit as
defined by Section 105.2 of the International Building Code,
(1) Any application for a Building Pennit, or portion of an application for a Building
Permit, submitted to the Community Development Department that is determined
by the Chief Building Official to be an Emergency Repair as defined by Section
105.2.1 of the International Building Code,
(m) Any application for a Building Permit, or portion of an application for a Building
Permit, for an Essential Public Facility as that term is defined at ~26.l04.100 of the
Aspen Municipal Code.
Section 3. Effect on BuUdin!! Permit Applications
A. A Building Permit Application shall be defmed for the purpose of this ordinance as the
Permit required by Section 105 of the International Building Code determined to be complete by
the Chief Building Official. All Building Permit Applications determined to be complete on the
effective date of this Ordinance shall be reviewed and processed according to the provisions of the
Aspen Municipal Code, as applicable, in effect on the date of submission.
B. Pre-Application Conferences, Pre-Application Conference Summary reports, pre-submittal
conferences, or formal or informal discussions with Community Development staff, including the
Chief Building Official, or review Boards shall not constitute a complete application or any other
,
official status, Applications submitted after the effective date of this Ordinance shall comply with
the terms of this ordinance and of the Land Use Code and Building Code, as amended.
Section 4.
Appeals Concernin!! Moratorium.
A. Appeal from Adverse Decision of the Communitv Development Director or the Chief
Building Official.
An applicant for a Building Permit may appeal an adverse decision of the Community
Development Director or the Chief Building Official made pursuant to this Ordinance to the City
Council in accordance with the appeal provisions of Chapter 26.316 of the Aspen Municipal
Code. The action by City Council shall be considered the final administrative action on the
matter.
B. Apoeal Due to Financial Hardshio.
An applicant for a Building Permit who wishes to seek relief from this moratorium because of
financial hardship may appeal to a Hearing Officer appointed by the City Manager who shall
have no relationship to the City (other than as a hearing officer) or to the property owner. The
Emergency Ordinance
Ordinance No. 51, Series of2006
Page 4
Hearing Officer shall determine if administrative relief shall be granted considering the
following:
1. A description of the property and structures located thereon.
2. The original purchase price of the property and subsequent investments or
improvements in the property made prior to the adoption of this Ordinance, other
than normal operations and maintenance.
3. Any unrecoverable costs made prior to the adoption of this Ordinance.
4. A current appraisal of the property considering the effect of this Ordinance.
5. A description of the depreciation method applied to the property for income tax
purposes, based on generally recognized accounting principles applicable at the
time the property was originally acquired by the property owner.
6. The assessed value of the property for tax purposes.
7. Copies of the property owner's income tax and financial statements for the past
five (5) years,
8. Any additional information the property owner may want to submit that may
demonstrate financial hardship.
Within thirty (30) days of complete application submission, or as otherwise reasonable, a
hearing date and time shall be scheduled for the hearing officer to consider written and
verbal testimony from the property owner and a representative of the City. The hearing
officer shall, within thirty (30) days of the hearing, issue a written determination as to
whether the fmancial hardship represented by this moratorium upon the property owner is
beyond reasonable expectation and representing substantial unrecoverable financial loss
and a special circumstance unique to the property owner which is not applicable to other
property owners affected by this moratorium such that the property owner's rights are
being substantially deprived, The hearing officer shall determine any relief to be
provided to the property owner, including release ,of the property from the terms of this
ordinance. The determination shall detail the factors considered including, but not
[jmitedto:
1. The base value of the property - the original purchase price plus investments and
improvements (other than normal operations and maintenance).
2. IRS rules related to depreciation.
3. Residual value of the property based on a current appraisal assuming the effect of
this Ordinance.
4. Other factors that may be considered "unrecoverable costs" by the property
owner.
5. A financial analysis of the above using a recoupment ofinvestrnent model.
The action by the hearing officer shall be considered the fmal administrative action on the
matter.
Emergency Ordinance
Ordinance No. 51, Series of 2006
Page 5
Section 5. Penalties
The penalties for violation of the terms of this ordinance shall be those established by Section
26.415.140 of the Municipal Code,
Section 6.
Emerl!encv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for
the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its
residents, and guests; and, this temporary moratorium provides the time necessary to prepare a
review of all current land use and building code regulations and for the City Council and staff of the
City of Aspen to consider amendments, if any are required, to the Land Use Code or Building Code
of the Aspen Municipal Code.
Section 7.
Effective Date and Duration of Moratorium.
This Ordinance shall become effective immediately upon passage and shall terminate on June 12,
2007 unless extended by a duly adopted ordinance of the City Council.
Section 8.
Publication.
The City CleIk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten (10) days following final passage,
Section 9.
Severability.
If any section, subsection, sentence, clause. phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 10. Existinl! Litil!ation.
This Ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Emergency Ordinance
Ordinance No. 51, Series of 2006
Page 6
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City Council
of the City of Aspen on the.ll--- day of .M (lP/)I-U P/U2006.
ATT. ST:
e/f~.
City Glerk
FINALLY adopted, passed and approved this / b( day of ~ 2006, by
o the unanimous vote of all City Council members present; or
)?a vote of four (4) council members.
JPW- saved: 12/1 3t'2006-2518-G:\jolm\word\ords\Change in use-emerg-ord.doc
Emergency Ordinance
Ordinance No, 51, Series of2006
Page 7
13cCuhi'!-C
----
ORDINANCE NO.2
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING AMENDMENTS TO THE SIX MONTH
TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 51,
SERIES OF 2006
WHEREAS, on December 12,2006, the City Council passed Ordinance No. 51, Series
of 2006, establishing a six month temporary moratorium on the acceptance of building
permit applications regulated by Section 105 of the Intemational Building Code for any
property located in the Commercial Core (CC) District of the City of Aspen; and
WHEREAS, as an effect of the moratorium, certain building permit applications are not
be permitted to be submitted; and
WHEREAS, there is substantial public interest in the preservation of the unique historic
nature and character of certain structures, including their interiors and current uses,
located within the commercial core district of the City of Aspen; and
WHEREAS, it is not the intent of the City Council to unnecessarily postpone projects
that comply with the stated intention of Ordinance 51, Series of 2006, therefore an
amendment is appropriate,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section I.
Exemptions from the moratorium
Section 2 of Ordinance No, 51, Series of 2006, is hereby amended by the addition of a
new exemption to read as follows:
(n) Building permit applications that meet all of the following criteria:
1. The proposed interior changes must comply with the intent of Ordinance 51
Series of 2006 including but not limited to: the preservation ofthe unique
historic nature and character of certain interior structures and their uses; the
preservation of current vitality, character, history, and protection of uses and
values ofthe land within the central business area of the City; and the
preservation of current vitality and the tourist experience, as determined by
the Community Development Director; and .
2. The proposed use ofthe building preserves and contributes to Aspen's historic
and community character, vitality, aesthetics, and/or tourist experience; and
3. One of the following is demonstrated:
a, The interior space was physically vacant on December 12, 2006, the
date that Ordinance 51 of 2006 was adopted; or
b. The application returns the building to an established business and/or
use that is at least 40 years continuously running, and the building is a
listed contributing resource on the Aspen Inventory of Historic Sites
and Structures, or the interior changes directly involve and are
physically connected to a contributing resource in the Commercial
Core historic district; and
4. The applicant submits a written agreement to the Community Development
Director addressing with the following items:
a, A list identifying and describing the method for protecting specific
interior elements that are deemed historically significant; and
b. A statement agreeing to the following review processes:
i. The Historic Preservation Commission will have an advisory
role, and make a recommendation to the Com!11_u_~!y__..
Development Department regarding the preservation of
significant historic interior elements; and
11. The Community Development Director will review the
application and make a final determination regarding the
preservation of significant historic interior features, and the
proposed use of the interior and its compliance with items 1
through 3 above; and
111. Appeals from an adverse decision of the Community
Development Director regarding the preservation of interior
elements shall be reviewed by the City Manager. The decision
rendered by the City Manager shall be the final administrative
action on the matter. All other appeals from the moratorium
shall follow the process set forth in Section 4 of Ordinance 51,
Series of2006; and
IV. Potentially historic features uncovered during the construction
process will be immediately reported to the Community
Development Department and the historic significance of these
elements will be determined using historic photographs,
personal accounts, and building permit files by the Community
Development Department.
Section 2:
This Ordinance shall not affect any eXlstmg litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the offices of the Pitkin County Clerk and Recorder.
Section 4:
A public hearing on this ordinance shall be held on the 26th day of February 2007, at a
meeting of the Aspen City council commencing at 5:00 p.m. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within
the City of Aspen,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of February, 2007.
H~'<"
FINALL Y, adopted, passed and approved this 26th day of February X2OO7.
Attest:
J~
oeb, City Clerk
Approved as to form:
~/7~
".robrfP. Worcester, City Attorney
ORDINANCE NO. 26
(Series of 2007)
&/I;I;,",=- c.
-
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM
ADOPTED PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AND AS
AMEDED PURSUANT TO ORDINANCE NO.2, SERIES OF 2007.
WHEREAS, the City of.Aspen (the "City") is a legally and regularly created,
established, organized and existing municipal corporation under the provisions of Article
XX of the Constitution of the State of Colorado and the home rule charter of the City (the
"Charter'~; and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact
emergency ordinances for the preservation of public property, health, peace, or safety upon
the unanimous vote of City Council members present or upon a vote of four (4) Council
members; and
WHEREAS, the City of Aspen currently regulates land uses within the City limits
in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its
Home Rule Constitutional authority and the Local Government Land Use Control Enabling
Act of1974, as amended, ~~29-20-101. et seq. C.RS; and
WHEREAS, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to
Ordinance Number 2, Series of2007; and,
WHEREAS, Section 7 of Ordinance Number 51, Series of 2006, allows for the
termination date of the moratorium to be extended by City Council through the adoption of
an ordinance; and,
WHEREAS, the City Council reaffinns the reasons for implementing the
moratorium, specifically that recent land use applications seeking Development Orders in
various City Zone Districts do not appear to be consistent with the goals and vision as
expressed by the 2000 Aspen Area Community Plan and are having the following negative
effects upon the community:
. Recent development activity indicates potential negative impacts on the
preservation of the unique historic character of certain structures, including
their interiors and current uses;
. Recent development activity indicates potential negative impacts on the
aesthetic beauty of the City of Aspen, its historic and community character
and the unique character of the uses of buildings and structures within the
. commercial core of the City of Aspen; and,
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to review all existing land use codes and
Ordinance No. 26,
Series 2007
Page 1
regulations as they affect land use development in certain Zone Districts within the City of
Aspen to ensure that all land use development proceeds in a manner that is consistent with
the Aspen Area Community Plan; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to conduct a thorough analysis and assessment
of the Land Use Code and regulations affecting the development of land within certain Zone
Districts of the City of Aspen with particular attention to the preservation of historic interior
elements, and with particular attention to a diverse, healthy and vibrant mix of commercial
uses; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to investigate methods and procedures to
insure the preservation of historic interior elements, and to insure a diverse, healthy and
vibrant mix of commercial uses; and,
WHEREAS, the City Council has detennined that it is necessary to declare an
emergency for the preservation of public property, health, peace, and safety with the
extension of the termination date of a moratorium; and,
WHEREAS, an extension of the moratorium termination date will enable a
reasoned discussion of the desired character and rate of development and redevelopment and
consideration of amendments to the Land Use Code without creating a rush of development
applications and the related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
TIlE CITY OF ASPEN, COLORADO, THAT:
Section 1 - Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of2007, is hereby extended to terminate on December 12, 2007.
Section 2 - Chanl!es to Moratorium:
Ordinance Number 51, Series of2006, as amended pursuant to Ordinance Number 2, Series
of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be
construed to alter the substantive content of Ordinances 51 and 2, except as follows:
. The termination date shall be extended as described in Section 1, above.
Section 3 - Emerl!encv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a
need for the immediate preservation of the health, safety, peace, and welfare of the City of
Aspen, its residents, and guests; and, this temporary moratorium provides the time necessary
to prepare a review of all current land use and building code regulations and for the City
Ordinance No, 26,
Series 2007
Page 2
Council and staff of the City of Aspen to consider amendments, if any are required, to the
Land Use Code or Building Code of the Aspen Municipal Code.
Section 4 - Effective Date.
This Ordinance shall become effective immediately upon passage.
Section 5 - Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as
practical and no later than ten (10) days following fmal passage.
Section 6:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
The City Clerk is directed, upon the adoption ofthis ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on this ordinance shall be held on the 11th day of June, 2007, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado.
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City
Council of the City of Aspen on the 29th day of May, 2007.
,~
ty lerk
FINALLY adopted, passed and approved this II th day of June 2007, by
Ordinance No. 26,
Series 2007
Page 3
R[ the unanimous vote of all City Council members present; or
X a vote offour (4) council members,
Ordinance No. 26,
Series 2007
Page 4
'1110.
lIII[eml10~dTII~
The Cily 01 Aspen
OilY APDrney'l; Ollice
TO:
Mayor and Members of Conncil
FROM:
John P. Worcester
DATE:
August 27, 2007
RE:
Ordinance Proposing Amendment to City Charter - Instant Run-off voting
and requiring 50% plus one vote to elect city council members
Attached please find a proposed ordinance for your review and consideration. This ordinance is
an alternative ordinance to Ordinance No. that is also on your agenda - scheduled for Second
Reading.
At your work session last Monday night Council discussed the advisability of requiring a
majority vote to elect council members (currently 45% plus one) if instant run-off voting was
approved by the voters. The attached ordinance, if approved, would require Council to adopt
instant run-off voting as well as amending the City Charter to require a majority vote to elect
members of council.
If Council chooses to proceed with instant run-off voting and chooses to require a majority vote
for the election of members of council, you should approve this ordinance on First Reading,
schedule a Special Meeting of Council for September 3 to consider the ordinance at Second
Reading following a Public Hearing, and not vote to approve the Ordinance No. 35 on your
agenda under Public Hearings,
Amendments to the City Charter require passage of an ordinance followed by voter approval.
Should Council adopt the proposed ordinance, the ordinance provides the language for the ballot
questions to be placed on the November ballot for voter approval.
PROPOSED MOTION: I move to adopt Ordinance No.~, Series of2007, on First Reading,
I also move to schedule a Special Meeting of the City Council for September 3, 2007, to consider
Ordinance No.ll, Series of2007, for adoption following Second Reading and a Public
Hearing.
cc: City Manager
JPW~ saved: 8121/2007-288-G:\john\word\memos\ballot 07 charter amend-b.doc
ORDINANCE NO. '3 J>
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTIONS 2.7 AND 3.2 OF THE CITY OF ASPEN HOME RULE
CHARTER TO REQUIRE COUNCIL TO ADOPT INSTANT RUN-OFF VOTING
PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL AND
TO REQUIRE MEMBERS OF COUNCIL TO BE ELECTED BY MAJORITY VOTE.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
require instant run-off voting procedures for the election of Mayor and members of Council, and
to require members of council to be elected by majority vote; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the manner prescribed by the state constitution,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and
readopted to read as follows:
Section 2.7. Instant run-off voting procedures.
Page 1 of3
The City Council shall, by ordinance, establish instant run-off voting procedures to be
used for the election of Mayor and members of Council when run-off elections are required
by this Charter.
Section 2:
The third sentence of Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby
amended to read as follows:
At all municipal elections thereafter, the two (2) candidates receiving the highest number of
votes shall be elected for a four year term, provided that the candidate receives fifty percent
(50%) plus one vote or more of the of votes cast.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shaH be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
This ordinance shaH become effective only upon approval of the electorate of the City of Aspen at
the general municipal election to be held on November 6,2007, of the following ballot title:
Instant Run-off Voting, Council Members to be Elected by Majority Vote
Shall Ordinance No. , Series of2007, be approved to amend
Section 2.7 of the City of Aspen Home Rule Charter to require
City Council to adopt and implement instant run-off voting procedures
for the election of May or and members of Council; and to amend
Section 3.2 to require members of Council to be elected by majority vote?
Page 2 of3
Yes []
No []
A public hearing on this ordinance shall be held on the 3rd day September, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13th day of August 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C, Ireland, Mayor
FINALLY, adopted as amended, passed and approved this 3rd day of September, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
JPW- saved: 8/2112007-652-G:\john\word\ords\charter-amd-Nov - 2007-d.doc
Page 3 of3
'III' 0\..
MEMORANDUM
DATE OF MEMO:
MEETING DATE:
Mayor Ireland and Aspen City Council
Chris Bendon, Community Development Director (]MJ.fI
The Lodge at Aspen Mountain Final PUD, Timeshare,
Subdivision, Growth Management Reviews, 2nd Reading of
Ordinance No.5, Series of 2007.
August 22, 2007
August 27, 2007
TO:
FROM:
RE:
SUMMARY:
On August 13, 2007, City Council considered a motion to approve the Lodge at Aspen
Mountain with the conditions listed in the proposed Ordinance. The motion failed with
two in favor and three opposed. The following section of the Land Use Code describes
the meaning of a failed motion:
26.208.020 Quorum and necessary vote.
In accordance with the City Charter, any action by Council that places any
burden upon or limits the use of private property, shall be by ordinance
and shall require the affirmative vote of a majority of the entire City
Council for final passage. Resolutions and motions shall require the
affirmative vote of a majority of the members present.
A motion for the adoption of an ordinance that receives less than a
majority of three (3) votes in favor shall constitute a failed motion and
shall not be considered action. A tie vote on a motion shall be considered a
failed motion and shall not be considered action. For Applications where
action is required to be taken by the City Council and the vote is tied, the
Application shall remain pending until action is taken.
For this type of land use application, City Council is required to take action in the form of
approval, approval with conditions, or denial. According to this provision of the Land
Use Code, the Lodge at Aspen Mountain and Ordinance No,S, Series of 2007, are still
pending.
As with any land use action, at the appropriate time the Mayor solicits a motion to
approve the project. (One such motion has already been offered and the motion failed.)
Motions could include various suggested .conditions of approval. If it appears that all
motions to approve the project have been exhausted, then the Mayor should solicit a
motion to deny the Ordinance.
-1-
With this case, the Mayor should solicit any further motions to approve the project that
differ from that already offered. Such a motion should be worded substantially as
follows: "I move the approval of Ordinance No,S, Series of 2007. second reading. "The
Lodge at Aspen Mountain" Final PUD and associated land use actions. with the following
amendments to the Ordinance. . . "
If such a motion is not offered or fails and it appears that no further motions to approve
will be offered, then the Mayor should solicit a motion to deny the project. Such a
motion should be worded as substantially follows: "I move the denial of Ordinance No.
5, Series of2007,"
AMENDMENTS TO PROJECT:
The Applicant will be proposing amendments to the project. Following is a brief
summary ofthe changes:
. Total FAR - Reduced from 175,000 to 151,000 square feet.
. Total Height - Reduced from 55 feet to 45 feet on south building (removal of one
floor).
. Hotel Units - Reduced from 80 units and 80 keys to 71 units and 75 keys.
. Fractional Units - Increased from 21 units to 25 units.
. Parking Spaces - Reduced from 254 spaces to 221 spaces.
. SPA Facilities - Reduced from 12,000 to 8,000 square feet.
. Free-Market Residential Units - Reduced from 4 to O.
. Snowmelt So. Aspen Street - Replaced with increased maintenance of existing
street (50 on-street parking spaces remain),
. Snowmelt of sidewalk - Remains, with same agreement for 100% carbon offset.
. Affordable Housing Mitigation - Remains at 73% of staffing estimate with same
provision for post -occupancy audit.
-1u he. cJ.-d,;~"-'kJ .......'Ffh'.-Lo..'7
Please refer to attachment A for additional details on the amenllment. The applicant will
be prepared to discuss the physical changes ofthis proposal at Monday's meeting.
NOTE:
The appended Ordinance No.5 does not depict any of the above changes.
CITY MANAGER COMMENTS:
EXHIBITS:
A - Project revision summary provided by applicant (will be distributed on Friday)
B - August 22, 2007, letter from Art Daily.
C - Letter from Applicant's Engineer Jay Hamond (will be distributed on Friday)
HOLLAND & HART" .,
T H::::: L /-, W C U ";- VI' EST
Arthur C. Daily
adaily@hollandhartcom
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8. 't?-.l'7- kA.~
August 22, 2007 ~ ~
John Worcester, Esq,
Aspen City Attorney
130 South Galena Street
Aspen, Colorado 81611
Hand Delivered
Re: Aspen Land Fund II, LLC - Townhome Approvals
Dear John:
One of the local papers suggested that the City Council may be considering asking Aspen
Land Fund II, LLC (the "Applicant") to relinquish its 2003 approvals to build townhomes on the
property in exchange for putting Ordinance 5 on the ballot for a vote ofthe City electorate, John
Sarpa has asked that I send you a briefletter eXplaining why that option is not available to the
Applicant
At the present time the Applicant has a sizable loan in place on the property. That loan
was obtained after the final townhome development approvals were granted in 2003, and those
approvals are obviously a very significant component of the value of the collateral for the loan.
Under no circumstances will the lender permit the approvals to be vacated or relinquished until
alternate approvals that are at least equal in value are in place on the property.
I expect that you may have assumed this to be the case, but John wanted the matter
clarified for all concerned, Please feel free to get in touch with me if you have questions of any
kind.
Very trulYlou7"
~// / -
,.... j /"'....
'/'.- ~7"C~,~~\"J/" ---"
/ " ' i - ''C_.
Arlhur C. Daily
of Holland & Hart LLP
cc: Chris Bendon (hand delivered)
John Sarpa
375366\ IDOC
Holland & Hart lLP
,,:_1:" {970l925-3476 [970] 925-9367 www.hollandhart.com
600 East Main Street Suite 104 Aspen,CO 81611
Asoen Billinqs Boise Boulder Cheyenne Colorado Springs Denver OenverTech Center Jackson Hole Salt Lake City 5anta Fe Washington, D.C.
ORDINANCE NO.5
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL.
FOR A MUL TI- YEAR ALLOTMENT AND AFFORDABLE HOUSING OUTSIDE
THE CITY LIMITS, FINAL TIMESHARE, SUBDIVISION, AND
CONDOMINIUMIZATION FOR "THE LODGE AT ASPEN MOUNTAIN"
DEVELOPMENT, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION
AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES
AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ParcelID:
2735-131-23-001 (Mine Dump Apartments)
2735-131-13-001 (Parcel with the Single-Family Residence)
WHEREAS, the Community Development Department received an application
from the Aspen Land fund II, LLC, represented by Sunny Vann of Vann Associates,
requesting approval of the Lodge at Aspen Mountain final Planned Unit Development,
final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040
Greenline Review, and Condominiumization to construct a lodge containing eighty (80)
hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units,
twenty (20) on-site affordable housing units, and accessory facilities; and,
WHEREAS, City Council granted Conceptual PUD and Conceptual Timeshare
approval pursuant to City Council Resolution 69, Series of 2005 on November 28, 2005;
and,
WHEREAS, the parcels subject to the application consist of a total of 104,518
square feet and is zoned Lodge with Planned Unit Development Overlay (LIPUD); and,
WHEREAS, the Community Development Department solicited and received
referral comments from the Aspen Consolidated Sanitation District, City Engineering,
Building Department, fire, Streets, Housing, Environmental Health, Parks and Water
Departments as a result ofthe Development Review Committee meeting; and,
WHEREAS, the City of Aspen / Pitkin County Housing Board forwarded a
unanimous recommendation of approval to City Council to approve the proposed
affordable housing mitigation and replacement units for the project at their meeting held
on November 15, 2006; and,
WHEREAS, during duly noticed public hearings that were opened on December
5, 2006, and continued to January 16 and then to February 6, 2007, the Planning and
Zoning Commission approved Resolution No. 03, Series of 2007, by a four to zero (4-0)
vote, recommending that City Council approve with conditions, the Lodge at Aspen
Mountain final PUD, final Timeshare, Subdivision, Condominiumization, and Multi-
Year & Affordable Housing Outside the City Limits Growth Management Reviews, and
approved the remaining Growth Management Reviews, Conditional Use, and 8040
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 1
Greenline, in order to allow the construction of a lodge consisting of eighty (80) lodge
rooms, twenty-one (21) timeshare lodge units, four (4) free-market residential units, and
twenty (20) on-site affordable housing units; and,
WHEREAS, The Council finds that the applicable development review standards
are met by the proposal, provided that the conditions established herein are complied
with.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
The City Council hereby approves The Lodge at Aspen Mountain Final Planned Unit
Development, Final Timeshare, Subdivision, Growth Management. Review for
Affordable Housing Outside the City Limits, Growth Management Review for 20,088
commercial square feet including 6,583 square feet of Multi-Year Allotments, and
Condominiumization to construct a lodge containing eight (80) hotel rooms, twenty-one
(21) fractional lodge units, four (4) free-market residential units, twenty (20) on-site
affordable housing units, 20,088 square feet of commercial space, and accessory
facilities, including 254 parking spaces, with the conditions contained herein.
Section 1: Subdivision Plat, PUD Plans and Al!:reements
The Applicants shall record a Subdivision Plat and Subdivision Agreement that meets the
requirements of Land Use Code Section 26.480 within 180 days of approval.
Additionally, a Final PUD Plan shall be recorded in the Pitkin County Clerk and
Recorder's Office within 180 days ofthe final approval and shall include the following:
a, A final subdivision plat meeting the requirements of the City Engineer and
showing easements, encroachment agreements, and licenses with the
reception numbers for physical improvements and location of utility
pedestals.
b, An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
.
d. A final grading and drainage plan.
e. A final utility and public infrastructure plan.
Section 2: Buildinl!: Permit Application
The building permit application shall include the following:
a, A copy of the final recorded City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 2
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. Evidence that a tree removal permit has been attained pursuant to the
requirements of the City Parks Department (and Section 12, below). The
tree removal permit shall be accompanied by a detailed landscape plan
indicating which trees are to be removed and new plantings proposed on the
site.
e, A drainage plan including an erosion control plan and snow storage runoff
plan prepared by a Colorado licensed Civil Engineer which maintains
sediment and debris on site during and after construction. If a ground
recharge system is required a soil percolation report will be required to
correctly size the facility. A 5-year storm frequency should be used in
designing any drainage improvements.
f. A final construction management plan pursuant to the requirements
described in Section 4 of this ordinance.
g. An excavation/stabilization plan prepared by a licensed Engineer.
Section 3: Dimensional Requirements
The following table outlines the approved dimensions of this PUD:
Side Yard Setback*
104,518 Sq, Ft. (total of both
arcels and vacated areas)
Multi-Family- I bedroom per
1,000 square feet of lot area.
Lod e- No Re uirement
Parcel 1- 2.8
Parcel 2- 0.6
Parcel 1- East Side Yard-7.4
West Side Yard - 8' to pool deck
(excluding Juan St. curve). 106.2'
to primary fayade of building.
Parcel 2- North Side Yard- 0.5'
South Side Yard- 8 .0
Parcel 1- 13.6
Parcel 2- 1.0
55' maximum, in accordance with
the Height Plan ofthe recorded
PUD Plans
16.2% (15,991 s uare feet)
1.87: I 174,975 s uarefeet
254 Parkin S aces
Minimum Lot Areal Dwelling
Front Yard Setback*
Rear Yard Setback*
Allowable Building Height
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 3
* Setbacks noted in this table are the minimum approved. The Final PUD plans
shall depict and show measurements of all the primary face walls of the structures for
front, rear and side yard setbacks.
Section 4: Construction Manaeement Plan
The Lodge at Aspen Mountain Construction Management Plan (CMP), dated February 6,
2007, and prepared by Swinerton Builders shall be included as part of this approval and
shall be implemented by the applicants and carried out throughout the project. Prior to
issuance of a building permit, the CMP shall be reviewed by the City's Construction
Management Officer and the City Engineer for completeness and applicability and found
to be acceptable to attain the City's construction management goals. The CMP shall be
amended to include provisions for increasing the level of road maintenance (provided by
the developer) during winter construction time. Such provisions and minor amendments
to the CMP as found necessary shall be approved by the City Engineer.
As part of the CMP, the developer shall agree to require all dump trucks hauling to and
from the site to cover their loads and meet the emission requirements of the Colorado
Smoking Vehicle Law. Any regulations regarding construction management that may be
adopted by the City of Aspen prior to application for a building permit for this project
shall be applicable,
A temporary encroachment license is required for use of the City right of way for
construction purposes. The Applicant shall not be allowed to close South Aspen Street
during construction except for reconstruction of the street. Street closure of South Aspen
Street concurrent with significant public events like World Cup shall be avoided to the
greatest extent possible.
..
The Applicant shall provide phone contact information of the on-site project management
to neighboring properties (Lift One Condominiums, the Timber Ridge Condominiums,
the Shadow Mountain Condominiums, and the South Point Condominiums) and post
such information on a sign at the construction site in full public view so that concerns
about the development may be made directly to the construction management personnel.
Section 5: Pre-Submittal Meetine
The Applicant shall arrange with the Community Development case planner to conduct a
pre-submission meeting with the City Community Development Staff prior to submittal
of a building permit application. This meeting shall include the applicant, the general
contractor, the architect of the construction drawings, the project planner, Community
Development Engineer, a representative of the City Building Department, City
Construction Management Officer, and the Community Development Department's case
planner.
Section 6: Fire Access and Mitieation
The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to
allow for the passage of emergency vehicles under the structure. The Applicant shall
install a fire sprinkler system and alarm system within the entire building structure as
required by the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required fire sprinkler system. The Applicant's design team shall meet
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 4
with the Fire Marshall to formulate a plan for fighting fires in the below grade parking
garage structures prior to building permit submittal.
Section 7: Water & Electric Department Requirements
The Applicant shall comply with the Holy Cross and City of Aspen Electric Department
Standards and Water System Standards, with Title 25, and with the applicable standards
of Title 8 Water Conservation and Plumbing Advisory Code of the Aspen Municipal
Code as required by the City of Aspen Water Department. The Applicant shall also enter
into a water service agreement with the City and complete a common service line
agreement for the residential units (both affordable and free-market). Each residential
unit shall have an individual water meter.
Section 8: Storm Water/Drainal!e Plan
The Applicant shall submit a Storm Water Drainage Plan prior to Building Permit
submittal, that meets with the approval of the City Engineer.
Section 9: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No "clear water" connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be
installed in each of the parking garages. The driveway entrance drains shall drain to
drywells and elevator shaft drains shall drain through an oil and sand separator. One tap
to the main sanitary line is allowed for each of the buildings within the development. No
soil nails shall be allowed in the public right of way above ACSD main sewer lines. The
Applicants shall enter into a shared service line agreement with ACSD. Glycol and
snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation
District.
Section 10: Soil Stabilization
The Applicant shall install inclinometers and conduct bi-monthly monitoring for a minimum
of one spring thaw cycle before the issuance of an excavation permit. The number and
location of the inclinometers shall be reviewed and approved by the City Engineer prior to
installation. If any slope movement is identified by the bi-monthly monitoring, the project
will not be allowed to exacerbate the historic rate of slope movement during or after
construction. If the historic rate of movement is exacerbated during the construction
process, the City shall stop work on the project and require the Applicant to make such
improvements that are necessary to reduce the slope movement back to historic rates. If the
inclinometers determine that there is a historic rate of slope movement, the design shall
exhibit a global stability meeting the AASHTO requirements, which implies a minimum
factor of safety of 1.5.
In preparing soil stability reports for the property, a soil bearing grid with no more than 100
feet between test locations shall be used under the building's footprint. In areas outside of
the building's footprint, test locations shall not exceed 500 feet apart, The depth of soil
borings must exceed the elevation of the lowest footer by twenty (20) feet. Prior to the
recordation of the SubdivisionlPUD plans and documents, the Applicant shall develop a
mutually acceptable agreement with the Shadow Mountain Homeowner's Association reo
slope stability provisions.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 5
Section 11: Hazardous Soils: This site has not been previously identified as containing
hazardous soils. However, detailed soils reports shall be submitted with the Building
Permit application and if any hazardous materials are reported the applicant shall provide
the City with a mine waste testing and handling plan provided by a registered engineer or
other entity with experience in soils and hazardous waste disposal. The plan must comply
with the following conditions of approval regarding development and handling of any
hazardous or toxic soils encountered on the property unless adequate information is
provided to the Environmental Health Department indicating that certain requirements
should be waived:
a. Any disturbed soil or material containing more than 1000 ppm lead that is to be
stored above ground shall be securely contained on and covered with a non-
permeable tarp or other protective barrier approved by the Environmental Health
Department so as to prevent leaching of contaminated material onto or into the
surface soil. Disturbed soil or material may be stored onsite if the Environmental
Health Department determines that there exists a satisfactory method of disposal
at the excavation site. Disturbed soil and solid waste may be disposed of outside
of the site upon acceptance of the material at a duly licensed and authorized
receiving facility.
b. Non-removal of contaminated material. No contaminated soil or solid waste shall
be removed, placed, stored, transported or disposed of outside the boundaries of
the site without having first obtained any and all necessary disposal permits.
c. Dust suppression. All activity or development shall be accompanied by dust
suppression measures such as the application of water or other soil surfactant to
minimize the creation and release of dust and other particulates into the air and to
prevent such dust and particulates from traveling off the site.
d. Any contaminated soil or mine waste rock that is disturbed or exposed shall be
contained on the property such that runoff does not exit the property or
contaminate clean soils existing on or off the property.
e. Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures, pavement or covered by a minimum of I foot of clean soil that
contains less than 1,000 ppm lead.
Section 12: Reconstruction of South Aspen Street
The Applicant shall reconstruct and install snowmelt infrastructure into South Aspen Street
for that part south of Durant A venue per the plans included in the final PUD application.
The Applicant shall form an improvement district to fund the reconstruction of the road. The
energy to operate the snowmelt system in South Aspen Street and the maintenance of the
snowmelt system are the responsibility of the Applicant. The Applicant shall develop a road
maintenance alternative to be reviewed and approved by the Fire Marshall and Streets
Department Superintendent in the instance that the snowmelt system was to break during the
winter. The reconstruction of South Aspen Street shall be completed prior to the
conveyance of separate real estate interests for units within the Lodge at Aspen Mountain
project.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 6
Section 13: Landscaninl!:
The proposed landscaping in the public right of way shall meet the Parks Department
standards for location, spacing, species, planting specifications, irrigation and other
applicable standards. Sidewalks shall be designed and built in a manner that reduces the
impact to existing trees and roots systems, All sidewalks located within the drip line of
trees to be saved shall be built on grade in a manner that allows for the sub-grade prep
and sidewalk to float over the roots preventing any excavation into the soil. All work in
these protection zones is to be accomplished without machines, but by handwork only.
An approved tree permit will be required before any demolition or significant property
changes take place. The tree permit must be approved prior to submission of the building
permit. Mitigation for tree removals will be paid cash in lieu or on site. The applicant
shall consult with the Deputy Director of the Parks Department in order to discuss how
tree mitigation will be handled and coordinated with Lift One, if necessary.
Section 14: Renlacement of Lift lA
As represented by the Applicant, the Applicant shall provide four million dollars
($4,000,000) towards the replacement of Lift lA with a new lift. Such representation is
hereby incorporated into this approval as a condition. The new lift shall be operational prior
to the conveyance of separate real estate interests for units within the Lodge at Aspen
Mountain project.
Section 15: Enerl!:V Conservation
The Applicant has made representations committing to the following energy goals. Such
goals are hereby included as conditions of approval.
a) To use thirty percent less energy than the average measured energy use of
comparable type properties in the area for the base data (See note A).
b) To "true up," on an annual basis (sun setting in 20 years), the actual energy
consumption of the property, and purchase local renewable energy or carbon
offsets as necessary to cover any shortfall (See note B). The Subdivision
Improvement Agreement shall specify a maximum cap on the shortfall penalty.
c) If actual energy use in any given year is less than the target, a credit would accrue
to the project, which could be used for sale or trade for other projects, or carried
forward for credit in future years.
d) To offset 100% of C02e emissions from any and all snowmelt installed in the
public right of way directly associated with the Lodge At Aspen Mountain (See
note B)
. Note A: All measurements to be combined electric and natural gas consumption,
including snowmelt, pools, spas, and garages. For the purpose of identifying
offsets, energy use shall be converted to pounds of C02e using City of Aspen
conversion factors.
. Note B: Purchase of offsets to be accomplished thru a variety of means, in order
of preference:
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 7
Energy or carbon-saving project( s), equal in C02e reductions to the excess
C02e emissions from the Lodge At Aspen Mountain (and verified by CORE),
directly funded and managed by the Lodge At Aspen Mountain or its agents,
Purchase of local energy or carbon offsets through a local market (CORE or
others, approved by the City of Aspen and verified by CORE, as available),
or, if the first two options are not possible with City of Aspen approval,
Purchase of energy or carbon offsets through a public market, with minimum
criteria for the quality, additionality, and durability of offsets.
The Applicant shall, on an annual basis (sun setting in 20 years), identify and implement
ways to improve overall energy performance of the development in order to minimize
offsets. Such analysis shall be provided to the City's Canary Initiative Manager for
revIew.
The SubdivisionlPUD Agreement shall include an agreement on the "baseline" (without
energy saving strategies implemented) energy usage of the Lodge at Aspen Mountain, the
target performance, the methodology to measure the performance of the project above the
baseline assumption, and the mitigation measures to be implemented if the target
performance is not reached. In determining the "baseline" energy usage, the Applicant
and the City of Aspen Global Warming Project Manager shall agree on the example
projects to be evaluated and the methodology to be used in evaluating said projects to
ensure the baseline energy usage represents an accurate assumption of a facility of this
size, location, and operating characteristic.
Section 16: Off-Street Parkin!! and the Provision of Bicvcles
The Applicant shall construct a total of 254 parking spaces within the two (2) underground
garages. 121 of the parking spaces are required parking (20 spaces shall be designated for
the affordable housing units) and 143 of the parking spaces may be leased or sold to off-site
tenants. The 50 on-street parking spaces that will be lost in the reconfiguration of South
Aspen Street are to be replaced as public parking in a parking garage to be constructed by
the proposed Lift One Lodge owners if their project is approved and built. In the event that
the proposed Lift One Lodge is not approved or is approved but completed later than the
Lodge at Aspen, 50 of the 143 excess parking spaces to be built in the Lodge at Aspen shall
be available for public parking to replace the lost 50 on-street parking spaces. This
requirement shall be in place until such time as the Lift One Lodge's parking garage has
obtained a Certificate of Occupancy or some other option is proposed and found acceptable
by the City Council.
A fleet of ten (10) bicycles shall be provided as part of the hotel and fractional ownership
operations and shall be made available to the customers without charge and stored in a
covered area.
Section 17: Emplovee Housin!! Requirement
The Applicant shall provide affordable housing for 153 employees. This requirement is a
sum of the following requirements and commitments by the applicant:
Ordinance No, 5,2007
The Lodge At Aspen Mountain
Page 8
Demolition of the Mine Dumps Apartments - The existing, prior to demolition, Mine Dumps
consisted of 16 units, 24 bedrooms and 7,722 square feet of Net Residential Area.
Demolition of these units results in a replacement requirement of 12 bedrooms and 3,861
square feet of Net Livable Area. These units must be on-site to satisfY the replacement
requirement. This equates to housing for 15 employees.
Lodge Bedrooms - The development of lodging generates .5 employees per bedroom. The
projects contains 160 lodging bedrooms and therefore the lodging component of the project
generates 80 employees. The City requires a minimum of 60% of the generated employees
to be provided with housing. The applicant has committed to provide housing for 70.1
employees or approximately 88% of the lodge employees using the City's generation
formula. Also see audit provision below.
Main-Level Commercial Space - Commercial space on the main level of a building in the
Lodge Zone District generates 4.1 employees per 1,000 square feet. The project contains
15,548 net leasable square feet on the main level generating 63.6 employees. The City
requires a minimum of 60% of the generated employees to be provided with housing. The
applicant has committed to provide housing for 55,7 employees or approximately 88% of
the main level commercial employees using the City's generation formula. Also see audit
provision below.
Basement-Level Commercial Space - Commercial space on the basement level of a building
in the Lodge Zone District generates 3.075 employees per 1,000 square feet. The project
contains 4,540 net leasable square feet on the basement level generating 13.9 employees.
The City requires a minimum of 60% of the generated employees to be provided with
housing. The applicant has committed to provide housing for 12.2 employees or
approximately 88%ofthe basement level commercial employees using the City's generation
formula. Also see audit provision below.
Total Employee Housing Requirement-
Mine Dumps Replacement (must be on-site) = 15 FTEs
Lodging Bedrooms = 70.1 FTEs
Main-Level Commercial = 55.7 FTEs
Basement-Level Commercial = 12.2 FTEs
Total = 153 FTEs
The required employee housing shall be provided as follows:
On-Site - Twenty (20) Category 2 affordable housing units shall be developed on the
Lodge at Aspen Mountain site. These units shall be comprised of seventeen (17) studios
and three (3) I-bedroom units. This housing accounts for 26.5 employees. This also
satisfies the on-site requirements of the replacement program.
Off-Site - At least 74.25 FTEs shall be housed within the City of Aspen in newly-built
or buy-down units. This is expected, but not required, to be at the Smuggler Affordable
Housing site, Up to 27 FTEs may be housed outside city limits but within the Urban
Growth Boundary. This is expected, but not required, to be at the Aspen Business
Center site. Mitigation for the remaining 25.25 FTEs shall be provided through newly-
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 9
built or buy-down units within the city limits or through other means as may be
approved pursuant to the City of Aspen Land Use Code.
Timing - The Applicant shall have constructed, deed-restricted, and received certificates of
occupancy on all of the off-site affordable housing units prior to the issuance of a certificate
of occupancy on the Lodge at Aspen Mountain. The on-site units shall be ready for
occupancy concurrent with the lodge.
Mine Dumps Tenants - The existing Mine Dumps unit tenants (tenants at the time of the
demolition) shall be provided a right of first refusal for the purchase of an affordable
housing unit at the off-site AH mitigation at either the Smuggler AH Project or the Aspen
Area Business Center project associated with The Lodge at Aspen Mountain. Tenants will
need to meet the qualification requirements of APCHA.
On-Site Rental Units - The on-site affordable housing units shall be in compliance with
APCHA's Employee Housing Guidelines. The Applicant shall record a deed restriction
on each of the affordable housing units at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of Occupancy for the building, classifying
the units as Category 2 units. If the Applicant chooses to deed restrict the affordable
housing units as rental units, the Applicant shall convey a 1/10 of one percent, undivided
interest in the units to the AspenlPitkin County Housing Authority prior to the issuance of
a certificate of occupancy on any portion of the building.
In the event the affordable housing units are not rented in compliance with the rental
requirements of the Housing Authority's rental requirements, the Aspen/Pitkin Housing
Authority has the right to place tenants in the affordable housing units,
Employee Generation Estimates - The employee housing requirements established in this
Ordinance are based on estimates of the project's eventual actual employee needs. The
City of Aspen Land Use Code employee generation calculations predict the lodge
operation (not including the replacement housing from the mine dumps) will generate
157.5 employees. The Applicant was asked to provide an operation estimate and, using
the Columbia Hospitality Staffing Guide, predicted that 190 employees will be required
to operate the Lodge. The Applicant has committed to housing 138 lodge employees
(again, not including the 15 employees required for the replacement of the mine dumps).
This 138 employees housed commitment represents 87.6% of the employees housed
according to the Land Use Code or 72.6% employees housed according to the
Applicant's estimates.
Employee Audit -An employee audit of the Lodge at Aspen Mountain shall be conducted
after three (3) full fiscal years from the date of issuance of a Certificate of Occupancy to
verify the employee assumptions upon which this approval is granted, Terms of the
Audit:
. The Applicant shall retain an auditor who has been pre-approved by the
AspenlPitkin County Housing Authority Operations Manager.
. The audit shall be conducted after three (3) full fiscal years of operation and shall
account for all employees of the Lodge at Aspen Mountain project and
components thereof.
Ordinance No, 5,2007
The Lodge At Aspen Mountain
Page 10
. The Applicant shall be responsible for all fees associated with the audit.
. The audit shall be provided to the AspenlPitkin County Housing Authority
Operations Manager,
Should the audit demonstrate that the Lodge at Aspen Mountain employs more than 190
employees estimated by the Applicant (measured as full-time equivalent employees
including payroll and non-payroll employees), the Applicant shall provide additional
deed restricted affordable housing, or cash-in-lieu thereof, to mitigate for 72.6% of the
employees above the 190 employee estimate.
Employee Audit Agreement and Enforcement - The Applicant shall provide an addendum
agreement to the Subdivision Improvement Agreement binding the Applicant, including
successors and assigns, specifying the terms of this employee audit provision. The
agreement shall include cessation of the lodge operation as the remedy for non-
compliance with this provision as may be determined pursuant to Section 26.308.0l0.E
of the City of Aspen Land Use Code.
Section 18: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park
Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using
the fee schedule in place at the time of building permit issuance.
Section 19: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance,
Section 20: Impact Fees
All impact fees in effect at the time of building permit application submittal shall be
applicable and be paid prior to the issuance of a building permit.
Section 21: Transportation Manal!:ement
The Applicant shall implement a transportation management plan aimed at reducing
vehicle trips for both guests and employees through thl! use of such strategies as hotel
shuttle service, bus passes for employees, carpool program, etc. Such plan shall meet
with the approval of the Transportation Department finding that the plan puts reasonable
measures in place to encourage alternatives to the use of the car.
The applicant shall work with the City Engineer to determine an appropriate traffic and
parking plan for Juan Street that is found acceptable to the City Engineer.
Section 22: Exterior Lil!:htinl!:
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 11
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit an exterior
lighting plan as part of the building permit submittal.
Section 23: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 24: Portion of Dean Street Vacation
The Applicants for the Lodge at Aspen Mountain shall pursue official vacation of a
portion of the Dean Street right-of-way from the City Council for that portion of Dean
Street that has been presented as part of this PUD application. This PUD approval, while
not the official approval for the street vacation, acknowledges that the vacation is an
important component to the development of the subject property and provides benefits to
the neighbors.
Section 25: Community Benefits Reoresentations
The Applicant has represented that they will append to the operational program of The
Lodge at Aspen Mountain, the six (6) items identified in the "Selected Community Benefits
Exhibit", as follows:
a.) one dollar ($1.00) per occupied room night will be donated to local charities every
year,
b.) discounted room nights, meeting space, spa services and foodlbeverage will be
provided during seasonal periods (the "off-seasons"),
c.) vocational hospitality training programs for Aspen High School students will be
provided,
d.) full time employees will be given paid time off to work on local charity causes,
e.) a national/global marketing campaign will be put in place to promote Aspen as a
destination (beyond the hotel advertising that will be conducted), and
f.) support will be provided to World Cup Events.
Section 26:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such development approvals and the same shall be complied with as
if fully set forth herein, unless amended by an authorized entity.
The Applicant has represented that they will voluntarily record a covenant and deed restrict
the use of the eighty (80) hotel rooms in the Lodge At Aspen Mountain project to hotel and
lodge room use for a period of 99 years. Such representation is hereby included as
conditions of this ordinance. The deed restriction cannot be amended or terminated without
the express written consent of the City of Aspen City Council and the owner of the hotel
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 12
unit. The covenant and commitment shall be memorialized in a deed restriction to be
recorded contemporaneously with the recording of the SubdivisionlPUD Agreement for the
Lodge At Aspen Mountain project and shall be specifically set forth in the recorded
Declaration of Condominium for the project.
The Applicant has represented that the approvals for the "townhome project" for the same
site shall be vacated upon recordation of the Subdivision Improvement and Planned Unit
Development Agreement and associated plats and plans for the Lodge at Aspen Mountain
development. Such representation is hereby included as conditions of this ordinance.
The Applicant has represented implementation of the following program for locals:
I. Locals' Pass - 20% off regular food and beverage, spa services, banquet room rental,
and hotel room rates. This pass would be available to all residents of Aspen, and
discounts would be provided on a space-available basis, The annual fee for the pass
would be minimal ($10), and all proceeds from the sale of the pass would be donated
to local nonprofit organizations.
2. Car Sharing Program - The Lodge would fund the purchase of one or more new vehicles
in the Roaring Fork Valley Vehicle car-sharing program. This car would be located in
accessible parking at the Lodge and would be available to all participants in the RFVV
program.
3. Casual Take-out Dining Option - Centurion will explore the possibility of putting a deli-
type shop in the Lodge, This deli would provide fast, fresh, and inexpensive take-out
food.
Section 27:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 28:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 29:
A public hearing on this ordinance was held on March 12,2007 and continued to March
26, April 9, May 14, June 25, July 23, and then to August 13, 2007 in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 26th day of February, 2007.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 13
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved on this _ day of _,2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to fonn:
John P. Worcester, City Attorney
Ordinance No, 5, 2007
The Lodge At Aspen Mountain
Page 14
VIM ~.
MEMORANDUM
TO:
FROM:
Mayor Ireland and Aspen City Council
Chris Hendon, Community Development Director (!JArM
August 21, 2007
DATE OF MEMO:
MEETING DATE:
August 27, 2007 (cont. from August 13,2007)
RE:
Dean Street Right-of-Way Vacation (Parcels 3 & 4 of Block 4,
Eames Addition) Public Hearing for Second Reading of
Ordinance No.24, Series of 2007
REQUEST OF COUNCIL: The request before City Council is to vacate a portion of the Dean
Street right-of-way that borders both the Timber Ridge Condominiums and the proposed Lodge
At Aspen Mountain PUD. The area of focus is shown highlighted in pink in Exhibit A. The City
Council has jurisdiction over the vacation of any public right-of-way and the process is
formalized by the adoption of an ordinance following a public hearing.
PREVIOUS COUNCIL ACTION: Portions of Dean Street (in this vicinity and further east)
have in the past, through vacation or court action, reverted to private ownership and are shown in
green in Exhibit A in the immediate area of the subject right-of-way. First reading of Ordinance
No. 24, Series of2007 was conducted on May 29, 2007.
BACKGROUND: The area under consideration for vacation is land that City Council has
discussed as part of the Lodge At Aspen Mountain proposal. This pink area shown in Exhibit A
would be vacated and revert to ownership to Timber Ridge Condominiums. Normally when
right-of-way vacations are approved, the subject land is split down the middle, with adjoining
properties each taking ownership of half of the area. In this case, the Lodge At Aspen Mountain
will allow for "their share" to be transferred over to Timber Ridge. The site plan for the Lodge At
Aspen Mountain plans for the use of the proposed vacated area to be parking and landscaping for
the Timber Ridge, who historically, have used this portion of Dean Street.
DISCUSSION: This vacation proposal has been discussed as part of the evaluation of the Lodge
At Aspen Mountain proposal and has thus far not been an issue of City Council in terms of the
land use planning for the area, The subject vacation area is not proposed for actual development
as part of the Lodge At Aspen Mountain's development scenario, but the vacation has been
coupled by the applicant in their application as a way of clarifying the bigger picture for the
vicinity.
Page I 00
A concern that has been raised regarding this area has been by the Trainor's Landing
Homeowner's Association. Timber Ridge Condominium Association supports the vacation. (See
letters in Exhibit B.) Trainor's Landing would like to see the subject right-of-way remain public.
This area has been and continues to be used primarily by the Timber Ridge owners and visitors
for over 35 years. On occasion, this Dean Street parking area is used by the public when
attending special events in the area.
The Timber Ridge Homeowner's Association have entered into an agreement with the Lodge At
Aspen Mountain and Lift I Condos to pursue this right-of-way vacation. All three of these parties
are in favor of the vacation.
The Lodge At Aspen Mountain proposal adds public parking to the revised South Garmisch
Street and Juan Street streetscape designs to accommodate spaces lost or rearranged by the
development.
The timing of the Dean Street vacation is such that it would be linked to the PUD development
proposal of the Lodge At Aspen Mountain review process. This 2nd Reading public hearing is
being timed to coordinate with the final 2nd Reading public hearings of the Lodge At Aspen
Mountain, Such second reading would start with the June 25th City Council meeting, the date to
which the Lodge project has been continued, From this point on the two hearings (Lodge and
vacation) would track together.
The Engineering Department has no objection to the action of vacating this subject section of
Dean Street.
FINANCIALIBUDGET IMPACTS: There are no financial impacts to the City of Aspen that
would go along with the vacation of the subject portion of Dean Street. Not vacating the right-of-
way and taking on maintenance could have cost for additional operation costs of the Street
Department. The City of Aspen has not maintained this right-of-way and through the years, as the
Timber Ridge Homeowner's Association has purchased gravel, graded the parking, provided
snowplowing, and enforced parking themselves for parking. This has been a benefit to the City of
Aspen by not having the responsibility to maintain this area.
ENVIRONMENTAL IMPACTS: Parking already exists on this portion of Dean Street with a
permeable surface of dirt and gravel. Nine parking spaces currently exist and Timber Ridge does
not intend to expand the parking area or reconfigure the lot. Options for reconfiguration or
changes are limited due to large trees that delineate the usable area. The existing landscaping
(about 25 feet along the north side of the right-of-way, adjacent to the Timber Ridge building)
would be kept in place. At this time, there is no proposal for the parking area to be paved
causing the need for storm water planning for the water collected on an impervious surface. In
some ways, paving would serve to cut down on the existing dust and silt run off from the
dirt/gravel surface,
RECOMMENDED ACTION: If the Lodge at Aspen Mountain project is approved by City
Council, Staff recommends that the City Council approve the vacation of the subject right-of-way
Page20f3
of Dean Street. The land area does not contain public utilities and the area has for decades been
out of public use other than sporadic parking associated with public events. The Timber Ridge
Condominium (100 Dean Street) identifies its frontage as Dean Street, where its front door is
located. It seems appropriate to allow the property to revert to private ownership under these
circumstances and allow for continued parking use,
If the Lodge at Aspen Mountain project is not approved, staff recommends the City Council
not approve the vacation of Dean Street. The "townhomes" project relies on this public way for
access and vacating the public way would prohibit access to the previously approved project.
PROPOSED MOTION: "I move to approve Ordinance No. 24, Series of 2007, upon second
reading, vacating a portion of the Dean Street right-of-way as described in the ordinance."
ALTERNATIVE MOTION: "I move to deny Ordinance No. 24, Series of2007,"
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A:
Exhibit B:
Lift One Boundary Adjustment Plat (showing proposed vacation areas)
Letters from 1.) Trainor's Landing Homeowner's Association (Denis Murray,
3/26/07) and 2.) Timber Ridge Condominium Association (David Ellis, 3/20/07)
Page3 of3
ORDINANCE NO. 24
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO,
WHEREAS, the Aspen Land Fund II, LLC c/o Centurion Partners, LLC has petitioned the
City of Aspen to vacate a portion of Dean Street between E. Durant and Juan Streets between
Blocks 4 and 6, Eames Addition to the City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Right-of-Way Vacation Plat and legal description, appended hereto as
Exhibit A has been reviewed by the Community Development Department and City Engineer and
they have made a determination that the exhibit complies in all respects with the City's Public
Rights-of-ways Vacation Policies and the land proposed to be vacated is eligible for vacation
pursuant to said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section I.
That the portion of Dean Street between E. Durant and Juan Streets, described as Parcel 3
and Parcel 4, between Blocks 4 and 6, Eames Addition to the City of Aspen, and depicted on
Exhibit A appended hereto and by this reference incorporated herein, shall be, and the same hereby
is vacated subject to the conditions set forth below,
Ord. No, 24, Series of2007,
Page 1
Section 2.
That the petitioners file a final street vacation map, suitable for recordation, with the
Community Development Department within 90 days of final approval of the vacation,
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-
2-302, c'R.S.
Section 4,
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record
a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 5,
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity Of the
remaining portions thereof.
Section 7.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Ord. No, 24, Series of2007,
Page 2
A public hearing on the ordinance shall be held on June 25, 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S, Koch, City Clerk
FINALLY adopted, passed and approved this
day of
2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Ord. No. 24, Series of2007,
Page 3
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Timber Ridge Condominium Association
100 East Dean Street, 2F
Aspen, CO 81611
March 20, 2007
p-spen C~j Council
LjG S. C:2.1eGl S1.
A5:;>en, CO 81611
i'.e: ~()dse Et ..<\spen Mountain i
"'-0\ Sc:c,mission Public Hearing
De~ l/byor md Council Members:
T:is letter i.s beb.g submitted for the March 26 continued public hearing on the Lodge at
}.SFen MOlliltm to supplement oral co=ents made at the initial March 12, 2007 public
h.cE-rllg.
Over Lit, last several years John Sarpa and the Lodge design team have worked with
Timber Riege to address owners' concerns about views, setbacks, parking and
landseaping. These efforts have resulted in substantial improvements to the project and a
r",duction in the impacts.
Tne Timber Ridge Condominium Association supports the Lodge at Aspen Mountain
final Submission, as modified, Vibich incorporates the conditions of conceptual approval
adopted by Council. Specific conditiops of approval relevant to Timber Ridge include 1)
preservation of view planes through the current architecturaf massing and roof lines, 2) a
site plan that provides for no east-west overlap bet.",een the multi-story portion of the
Lodge and the Timber Ridge building and 3) t.\e vacation of the Dean SL right of way. .
In coo.clusion the Timber Ridge Condominium Association urges Council to approve the
Lodge at Aspen Mountain Final Submission as presented in the current ordinance and
incorporate the vacation of the Dean Street right of way.
. .
Yours truly,
~~aL-
David Ellis, President
Timber Ridge Condominium Association
Cxh\b\1- ~ .
-~~%
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j
P160
3/26/07 .
City of pspen City Council Members and Mayor
City Hell
13 G South Galena Street
Aspen Co,81611
Derr Mayor Klanderud and Aspen City Council M=bers,
Tbis kiter is on behalf of the Trainor's Landing HomeoVi!lers Association
a,:1d the R.O. residents of the Barbee Fami1yPUD.We would like to voice
our concerns in regard to the proposed Lodge at Aspen MO'U..'l.T.in md the
negative Unpacts the propostk! Lodge will have on 'JUT neighborhood.
Weare apposed to the eJ.imination of as many as 25 on street parking spaces
in the three block area of Juan, Garrnish, and Dea,,'l.' Streets directly adjacent
to our subdi,ision. These spaces represent a large portion of the av=.ilable
on street parking in the B parking zone where we reside.
We oppose t.~e vacatio:l of Deane Street as proposed by tl>js new
development. We do not believe it is integral to the project and win ilot
adversely affbct the project in any way if the vacation is denied.. Along with
OUT request for the Council to deny the vacation of Defu,-e Street we are
askj.ngthat the developer provide an improved 1.'l.tersectioil at fre comer of
Durant a.'l.d Gannish Streets. We hope to slow traffic a..rld eliminate the
confusion that is already occurring at this intersection.
Thank you for your conSideration of this request.
penis Murray
President
Trainor's Landing Homeowners Association
I .
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M" e......o:ra.n.d"O......
The CitY orAspeD
CitY AlIOrnei's Omee
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
August 27, 2007
RE:
Ordinances Proposing Amendments to City Charter - Second Reading
Attached please find two proposed ordinances for your review and consideration. Both proposed
ordinances, if adopted, seek to amend the Aspen City Charter. Both of these ordinances were
approved on First Reading and are now before your for Second Reading and Public Hearing.
The first ordinance seeks to amend the term of office for Mayor from two years to four. The
second proposed ordinance would require City Council to adopt, by ordinance, instant run-off
voting procedures for the election of Mayor and members of council. Please note that on your
agenda there is an alternative version of this ordinance that would also require council members
to be elected by majority vote. (The current language of the Charter requires only a 45% plus one
vote to be elected.) This matter was discussed last Monday during your work session when it was
determined that the instant run-off voting procedures may eliminate the need for a lower
threshold for electing members of counciL
Amendments to the City Charter require passage of an ordinance followed by voter approvaL
Should Council adopt the proposed ordinances, the ordinances provide the language for the
ballot questions to be placed on the November ballot for voter approvaL
cc: City Manager
JPW- saved: 8/21/2007~229-G:\john\word\mcmos\ba\lot 07 charter amend.doc
-;Jt:._'.
ORDINANCE NO. ~:>
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 2.7 OF TITLE II OF THE CITY OF ASPEN HOME RULE
CHARTER REQUIRING INSTANT RUN-OFF VOTING PROCEDURES FOR THE
ELECTION OF MAYOR AND MEMBERS OF COUNCIL.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
require instant run-off voting procedures for the election of Mayor and members of Council; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.RS, which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the manner prescribed by the state constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and
readopted to read as follows:
Section 2.7. Instant ron-off voting procedures.
The City Council shall, by ordinance, establish instant run-off voting procedures to be
used for the election of Mayor and members of Council when run-off elections are required
by this Charter.
Page 1 of3
Section 2:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the general municipal election to be held on November 6, 2007, of the following ballot title:
Shall Ordinance No. , Series of2007, be approved to amend
Section 2.7 of the City of Aspen Home Rule Charter to require
City Council to adopt and implement instant run-off voting procedures
for the election of Mayor and members of Council?
Yes []
No []
A public hearing on this ordinance shall be held on the 27th day August, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p,m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado
Page 2 of3
~
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
ofthe City of Aspen on the 13th day of August 2007,
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted as amended, passed and approved this 27th day of August, 2007,
Attest:
Kathryn S, Koch, City Clerk
Michael C. Ireland, Mayor
JPW- saved: 7(19/2007-539-G:~ohn\word\ords\charter-amd-Nov - 2007-c.doc
Page 3 of3
,
ORDINANCE NO. 3i
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 3.3 OF TITLE III OF THE CITY OF ASPEN HOME RULE
CHARTER AMENDING THE TERM OF OFFICE FOR MAYOR FROM TWO YEARS
TO FOUR.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
change the term ofthe office for Mayor from two years to four; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 c'R.S. which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the marmer prescribed by the state constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Section 3.3 of Article III of the Home Rule Charter of the City of Aspen shall be and hereby is amended
to read as follows:
Section 3.3. Mayor.
The mayor shall be elected at large from the entire city for a term of four (4) years. The
candidate receiving a majority of the votes cast for the office shall be elected mayor. In the
event that no candidate shall have received a majority of the votes cast for the office, then a
run-off election shall be held in accordance with section 2.7.
Page 1 of3
,
The mayor shall preside at meetings of the council and shall exercise such powers and
perform such duties as are or may be conferred and imposed upon him by this Charter of the
ordinances of the City. He or she shall have all of the powers, rights, privileges and
obligations of a member of council. He or she shall be recognized as the head of the city
government for all ceremonial and legal purposes and he or she shall execute and
authenticate legal instruments requiring the mayor's signature as such official.
Section 2:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the general municipal election to be held on November 6, 2007, of the following ballot title:
Shall Ordinance No. , Series of2007, be approved to amend
Section 3.3 of the City of Aspen Home Rule Charter to change
the term of office for Mayor from two years to four?
Yes []
No []
A public hearing on this ordinance shall be held on the 27th day August, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado
Page 2 of3
,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13th day of August 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted as amended, passed and approved this 27th day of August, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
JPW- saved: 7/19/2007-646..o:\john\word\ords\charter-amd-Nov - 2007-b.doc
Page 3 of3
""If.
Dl'J:e:DI.o::ra.:n.d....YWIl
The OilY urnspen
OilY noorney'li OIliGe
TO:
Mayor and Members of Council
FROM:
John P. Worcester
RE:
August 13, 2007
Amendments to City Council Rules and Regulations - Resolution No.ltD,
Series of 2007
DATE:
At City Council's recent retreat I was asked to prepare a resolution to amend certain provisions
of Council's current Rules and Regulations for the conduct of its business. The attached
resolution and amended Rules and Regulations were prepared to allow Council and the public
further opportunity to review and comment upon the proposed changes,
The proposed changes are as follows:
Section II - Meetings.
Regular meetings will be convened on the second and fourth Tuesday of every month between
the hours of2:00 p,m, and 6:00 p,m, (Changed from Mondays between 5:00 p.m. to 9:00 p.m.)
The second paragraph was changed slightly and the fifth paragraph was deleted to eliminate
redundant provisions.
Section III - Agenda.
The conference between the Mayor and City Manager to set the agenda was changed from the
Tuesday preceding a regular meeting to the Monday of the week before a regularly scheduled
meeting.
Council packet materials are proposed to be due in the City Clerk's Office on the Monday of the
week prior to the date of the council meeting rather than the current requirement for delivering
packet material on the Tuesday before the scheduled meeting, This will allow for a more timely
delivery of the final packet to Council members before the scheduled meeting.
Finally, I amended the last sentence of this section to clarify its meaning. It currently reads that
Council may not consider an item that is not included in the published agenda except for
"emergency action necessary for the furtherance of the public health, safety, or general welfare,
That terminology implies that last minute additions to the Agenda may only occur for
"emergency ordinances," I do not believe that was the original intent and has certainly not been
Council's practice. The second to last sentence of that section contradicts that interpretation in
that it permits the "public, member of Council, or the City Manager to submit items to the
Council during the Council meeting.,," The new proposed language prohibits council action on
items not on the published agenda unless there are "extenuating circumstances." I believe that
characterization more closely describes Council's current practice. In other words, Council
frowns upon last minute additions to the Agenda, but will consider them if there are extenuating
circumstances for doing so.
cc: City Manager
JPW~ saved: 7/2612007-409-G:\john\word\memos\council procedures.doc
RESOLUTION NO. fz2
Series of 2007
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO
"CITY COUNCIL RULES AND REGULATIONS."
WHEREAS, the City Council of the City of Aspen, pursuant to Section 3.4 of the City of
Aspen Home Rule Charter, is the legislative and governing body of the City of Aspen, and in
accordance with such powers may establish rules of procedure to govern the conduct of its
meetings; and
WHEREAS, the City Council deems it advisable to amend the Rules and Regulations
.
adopted by Resolution No. 51, Series of 2005, and to adopt the attached Rules and Regulations as
amended and restated,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby adopts the attached City Council Rules
and Procedures, as amended and restated, establishing procedures for the conduct of its meetings,
Dated:
,2007.
Michael C. Ireland, 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
,2007.
Kathryn S. Koch, City Clerk
JPW- saved: 7/26/2007-211-G:~ohn\word\resos\Council procedures.doc
CITY COUNCIL RULES AND REGULATIONS
CITY OF ASPEN, COLORADO
June 2005August 2007
SECTION I - JOURNAL OF PROCEEDINGS".""."."."...""".""."".".""""."" 3
SECTION II - MEETINGS """......"""."."."."."".""."..".."".""."."".""."...........". 3
SECTION III - AGENDA.,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,.,,,..,,.,,".".",,,,,,,,, 3
SECTION IV - PRESIDING OFFICER - DUTIES: ".."".""""........""""".""." 4
SECTION V - CALL TO ORDER - PRESIDING OFFICER: """."."."""."" 4
SECTION VI - ROLL CALL: ."."."."."."."...."..."."".".""."""""."".."""""""".".4
SECTION VII - QUORUM: "."".....""".".".""."."""""".""."."".".".""""""""."" 4
SECTION VIII - ORDER OF BUSINESS"".""."."".".""."""""."."."."."""""" 5
SECTION IX. - PROCEDURES FOR DEBATE...""."."".".""""..""."."."""." 6
SECTION X - RULES OF DEBATE ""."".".""...""""."."...".""..""""."."'"."".. 6
SECTION XI - ADDRESSING THE COUNCIL """."".""."."..""'''''''''''''''''''' 7
SECTION XII - DECORUM ."",,,,.,,,,.,,.,,,,..,,.,,.,,,,..,,,,,,.,,.,,,,.,,.,,.,,,,,,,,,,,.,,.,,.,,.,,.,,,, 7
SECTION XIII - ENFORCEMENT OF DECORUM"""."""...".".".".".".""". 7
SECTION XIV - VOTING,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,,,,,,.,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,...,,,,,.,,.,,,,,,, 8
SECTION XV - PETITIONS: .."."""."."."."".""""."..."."""..""""".".".".".""",,, 9
SECTION XVI - SPECIAL COMMITTEES """"..""."."".".".""".."'"'''''''''''''' 9
SECTION XVII - USES OF STAFF "".".".""".""""."."".".""."."....""".""""" 10
SECTION XVIII - ENFORCEMENT, SUSPENSION AND
AMENDMENT OF RULES .".""...""""."."."""...".""".""."""."..,,,,,.,,.,,.,,.,,.,,,... 10
SECTION XIX - RULES OF ORDER""".".""."".""""".""."""""..".".".".",,,. 10
2
SECTION I - JOURNAL OF PROCEEDINGS
The Council shall determine its own rules, order of business, conduct of public meetings
and shall provide for keeping the official record, which shall be a public record according
to C. R. S. 24-6-402 Open Meetings
SECTION II - MEETINGS
The Council shall meet regularly at least twice each month. Regular meetings will
normally convene on the second and fourth Mondays Tuesdays of the month at 2:00~
p.m. in the Council Chambers or other properly noticed location and shall adjourn
promptly by or before 90006:00 p.m. unless a motion is made and carried to suspend the
rules and extend the meeting to a time certain. All actions taken by City Council that are
otherwise proper shall not be void if taken beyond the normal time for adjournment
Council will-may schedule work sessions as needed with at least 24 hours advance public
notice. No formal action shall be taken during a work session. Public comment shall be
pernlitted by the Mayor subiect to Section IV
Special meetings may be called during a regularly convened Council meeting or upon
written request ofthe Mayor or of any two or more members of the Council on at least 24
hours written notice to each member of Council served personally or left at the Council
member's usual place of residence. A special meeting, however, may be held on shorter
notice if all members of Council are present or have waived notice in writing.
Simultaneous notice to the media shall be required for all special meetings.
Executive sessions may be held for the purposes allowed by the Aspen Open Meeting
Law, Municipal Code Section 2.04,030 Open meetings; executive sessions; notice;
minutes and c'R.S. 24-6-402 et seq. No formal action shall be taken during an executive
sesSIOn.
Work sessions may be scheduled by Couneil. No formal action shall be taken during a
v,'Ork session. Public comment shaH be pennitted by the Mayor subject to Section IV\.
Notices of meetings will include the time, place and agenda and will be sent to the media
and posted in a public place at least 24 hours in advance ofthe meeting, In case of an
emergency, notice will be as long as is reasonable under the circumstances.
All meetings shall be public, except executive sessions.
SECTION II1- AGENDA
The City Manager shall confer with the Mayor each Tuesday Monday of the week
bcforcpreceding a regularly scheduled meeting to determine items to be included in the
3
published agenda. All reports, communications, ordinances, resolutions, contract
documents and other matters to be submitted to the Council shall be delivered to the City
Clerk prior to noon on the Tuesday Mondav of the week prior to the Council meeting at
which they are to be submitted. The City Manager shall list the matters according to the
order of business and furnish each member of the Council and appropriate department
heads with a copy of the agenda prior to the Council meeting. No item shall be
submitted to the Council except through the City Manager; however, any member of the
public, member of Council, or the City Manager may submit items to the Council during
the Council meeting at the time provided in the order of business. Excepting emergelle)'
action necessary in furtherance of the J'ltlblie health, safet)', or general welfareextenuating
circumstances, no Council action shall be taken on any item not included on the
published agenda,
SECTION IV - PRESIDING OFFICER - DUTIES:
The Mayor shall be the presiding officer of the Council. The presiding officer shall
preserve strict order and decorum at all regular and special meetings of the Council. The
Mayor shall state every question coming before the Council, announce the decision of the
Council on all subjects and decide all questions of order. Any decision or ruling of the
Mayor may be appealed to the Council as a whole by request of any member. The Mayor
shall call for roll call to see if the chair shall be upheld; if the roll call loses, the Mayor is
reversed,
SECTION V - CALL TO ORDER - PRESIDING OFFICER:
The Mayor, or in the Mayor's absence, the Mayor Pro tem shall call the Council to order
at the scheduled meeting time. In the absence of the Mayor or Mayor Protem, the City
Clerk shall call the Council to order. A temporary presiding officer then shall be elected
by the members ofthe Council present. When the Mayor or Mayor Protem arrives, the
temporary presiding officer shall relinquish the chair when the business immediately
before the Council is finished.
SECTION VI - ROLL CALL:
Before proceeding with the business of the Council, the City Clerk shall call the roll of
the members, and the names ofthose present shall be entered into the minutes.
SECTION VII - QUORUM:
A quorum shall consist of a majority of the members of Council; however, no action of
the Council shall be valid or binding unless adopted by ordinance, resolution or motion.
4
Resolution and motions shall require the affirmative vote of a majority of the members
present. Ordinances shall require no less than three (3) affirmative votes for passage
unless it is an emergency ordinance in which case it shall require four (4) affirmative
votes.
SECTION VIII - ORDER OF BUSINESS
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council
on issues NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single
motion)
VII. First Reading of Ordinances
VIII. Public Hearings
IX. Action Items
X. Information Items
XI. Executive Session
XII. Adjournment
The Council may, by majority vote, consider items out of sequence from the printed
agenda.
a) The consent calendar matters are routine and may be adopted by one motion.
There will be no discussion of separate items, unless members of the City Council, staff,
or the public requests that a specific item be discussed or removed from the consent
calendar for individual consideration.
5
b) Procedures for public hearings are outlined in Ordinance #87, Series of 1975.
c) Procedures for submitting petitions are discussed in section XV.
d) If the City Council wishes to adjourn to a later time, Council must pass a motion
specifying the date and time to which the regular meetings is being adjourned.
A motion to adjourn shall always be in order except during roll call. When a motion is
made and seconded to adjourn, any member of the Council may state why it is improper
for Council to adjourn. That statement, however, shall not be debatable and shall not take
more than two minutes,
SECTION IX. - PROCEDURES FOR DEBATE
On those issues requiring debate, the presiding officer shall state the issue before
Council. Unless Council by consensus determines no report is necessary, staff shall have
an opportunity to report on the issue and will respond to Council questions. Council
members shall be allotted time to present their positions and concerns.
A motion and a second on the issue will be allowed after all interested parties have had
an initial opportunity to express their views, Discussion can continue after the motion is
made; however, after a motion is on the floor, except for questions from Council,
discussion shall be restricted to Council members.
SECTION X - RULES OF DEBATE
a) Presiding Officer may debate and vote. etc. While the primary role of the
presiding officer is to facilitate deliberations, the Mayor or member of Council who is
presiding may move, second and debate from the chair, subject only to such limitations of
debate as are imposed on all members, The presiding officer shall not be deprived of any
of the rights and privileges of a Councilmember.
b) Getting the floor - improper references to be avoided Every member desiring to
speak shall address the chair and upon recognition by the presiding officer, shall confine
him or herself to the question under debate, avoiding all personalities and indecorous
languages.
c) Interruptions A member, once recognized, shall not be interrupted when speaking
unless it is to call the member to order. If a member, while speaking is called to order,
the member shall cease speaking until the question of order is determined, and, if in
order, shall be permitted to proceed.
d) Personal Privilege The right of a Councilmember to address the Council on a
question of personal privilege shall be limited to cases in which the member's integrity,
6
character, or motives are questioned, or where the welfare of the Council is concerned. A
Councilmember may interrupt another speaker if the Mayor recognizes the "privilege".
e) Privilege of closin~ debate The Councilmember moving the adoption of an
ordinance or resolution shall have the privilege of closing the debate.
SECTION XI - ADDRESSING THE COUNCIL
Any person wishing to address the Council shall first secure permission of the presiding
officer to do so. The Council may limit the length of time that a person is permitted to
address the CounciL
Written communications Interested parties or their authorized representatives may
address the Council by written communications in regard to matters under discussion.
Oral communications During the proper time on the agenda, citizens attending a regular
meeting may address the Council on any matter concerning the City's business, or any
matter over which the Council has controL Oral presentations shall not be repetitious and
shall be confined to five minutes maximum duration.
After motion made - No person shall address the Council after a motion is made without
first securing the permission of Council to do so.
SECTION XII - DECORUM
a) Bv Councilmembers While the Council is in session, the members must preserve
order and decorum. A member shall neither by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Council nor disturb any member while
speaking or refuse to obey the orders of the Councilor its presiding officer, except as
otherwise herein provided.
b) Bv Persons Any person making personal, impertinent or slanderous remarks, or
who becomes boisterous while addressing the Council, or who interferes with the order of
business before the Council, and who fails upon request of the presiding officer to cease
such activity, shall be barred from further audience before the Council, unless permission
to continue is granted by a majority vote of the CounciL
SECTION XIII - ENFORCEMENT OF DECORUM
The City Manager shall appoint a sergeant-at-arms at the Council meetings, The City
Manager of the City Manager's designee(s) shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instructions of the presiding officer, it shall be the duty of the
7
sergeant-at-arms to remove any person who violates the order and decorum of the
meeting,
SECTION XIV - VOTING
a) Roll Call- All votes on ordinances shall be by roll call; all other votes shall be
voice votes unless requested by a Councilmember.
b) Precedence of Motions When a motion is before the Council, no motion shall be
entertained except; (a) to limit comment, (2) to adjourn; (3) to fix the hour of
adjournment, (4) to lay on the table, (5) for the previous question, (6) to continue to a
certain day (7) to refer, (8) to amend, (9) to postpone indefinitely or to (10) divide the
question, These motions shall have precedence in the order indicated,
c) Amendments, No more than one amendment to an amendment is permitted.
When an amendment is before the Council, the Council shall vote first on the
amendment. After the amendment has passed or failed, the Council shall vote on the
main motion.
d) Motion to Table - The purpose of this motion is to temporarily bypass the subject.
A motion to lay on the table is undebatable and shall preclude all amendments or debate
ofthe subject under consideration, If the motion prevails, the matter may be "taken from
the table" at any time prior to the end of the next regular meeting,
e) Motion to Continue - The purpose of this motion is to delay consideration ofa
subj ect until a future time. A motion to continue shall include the specific date when the
subj ect shall again be considered.
f) Motion for Previous Ouestion - The purpose of this motion is to close debate on
the main motion. It is undebatable, and no further discussion shall be permitted until the
motion is acted upon. If the motion fails, debate is reopened; if motion passes, then the
Council shall vote on the main motion.
g) Division of Ouest ion - If the question contains two or more division able
propositions, the Mayor may, or upon successful motion of the Council shall divide the
same,
h) Withdrawal of Motion - When a motion is made and seconded, it shall be so
stated by the Chair before debate commences.
i) Conflict ofInterest - Councilmembers shall abide by the provisions of Section 4,7
of the Aspen City Charter and by Ordinance #19, Series of2003. When a
Councilmember determines he or she has a conflict of interest, the member shall
announce such conflict and refrain from discussing or voting upon the matter.
8
j) Ex Parte Contacts - Councilmembers shall abide by the provisions of Ordinance
#87, Series of 1975, regarding pre-hearing or ex parte contacts.
k) Councilmember Required to Vote - Councilmembers are required to vote on all
issues placed before them unless excused under the provisions of (i) above. (Refer to the
City Charter Section 4,7 "Voting",)
I) Recording Vote; Tie Votes - The minutes ofthe Council shall record each
individual Councilmember's vote on all ordinances, resolutions and franchises. In the
case of a tie vote on any motion, the motion shall be considered lost.
m) Motion to reconsider - A motion to reconsider any action taken by the Council
may be made only on the day the action was taken or at the next regularly scheduled
meeting following the day when the action was taken, It may be made during the same
session or at an adjourned session. A motion to reconsider must be made by one of the
prevailing side but may be seconded by any member. A question failing by virtue of a tie
vote may be reconsidered by motion of any member of the Council. The motion may be
made at any time, It shall be debatable. Nothing herein shall be construed to prevent any
member of the Council from making or remaking the same or any other motion at a
subsequent meeting of the Council, except that no action shall be taken on any subject not
included in the published agenda,
SECTION XV - PETITIONS:
Any citizen of the city may appear before the Council at any regular meeting and present
a written petition. The petition shall be acted upon by the Council, in the regular course
of business, Petitions, remonstrances, communications and comments or suggestions
from citizens present, shall be heard by the Council. All remarks shall be addressed to
the Council as a whole, and not to any member thereof. No person other than the
individual speaking shall enter into the discussion without the permission of the presiding
officer. No question shall be asked of a Councilmember except through the presiding
officer.
SECTION XVI - SPECIAL COMMITTEES
When the Council determines that a board, commission, task force, or citizen's
committee is needed, the following procedure shall be used:
a) The party proposing the creation of the board, commission, task force, or citizen's
committee will prepare the appropriate Council action (either an ordinance or a
resolution) defining the purpose, duties and objectives of the committee and whether it is
to be an ad hoc or continuing committee. Ifproposed as an ad hoc committee, the
Council action shall specify when the committee's work is to begin and to conclude.
Section 8.4 Mnnicipal Charter
b) That ordinance or resolution will be submitted to the City Manager for placement
on an agenda for Council discussion.
9
c) Council shall approve, modify or reject the ordinance or resolution.
d) Once a board, commission, task force, or citizen's committee is approved, the
City Clerk shall public notice soliciting interested and qualified volunteers to file
applications for appointment.
e) City Council shall interview all application and announce its selections and
appointments at a regular meeting,
f) Terms of appointment to any board, commission, task force, or citizen's
committee shall not exceed four years and there shall be no limitation on the number of
terms a member may service. City Charter requires that all permanent boards and
commissions including advisory and appeal boards shall be created by ordinance which
shall set forth the policies and duties delegated to such boards and commissions.
Temporary, ad hoc committees may be created by resolution,
SECTION XVII - USES OF STAFF
No Councilmember shall request from the City Manager any staff project that entails
over two hours of staff work without seeking approve of the full City CounciL This rule
pertains only to an individual research request by an individual Councilmember.
SECTION XVIII - ENFORCEMENT, SUSPENSION AND
AMENDMENT OF RULES
Enforcement of these rules shall be incumbent upon the City Council. These rules may
be suspended or amended by majority vote of the Councilmembers present.
SECTION XIX - RULES OF ORDER
The rules of parliamentary practice, comprised in Roberts Rules of Order, latest edition,
shall govern the Council in all cases to which they are applicable, provided they are not
in conflict with these Rules or with the Charter of the City of Aspen.
J PW - saved: 7/26/2007-3000-0 :\iohn\\vord\memos\manual\councilru les.doc
10
~Il' 9 ·
MEMORANDUM
TO:
Mayor Ireland and City Council
Jessica Garrow, PlannerJMq
Chris Bendon, Community Development Director~
FROM:
THRU:
DATE OF MEMO: August 20, 2007
MEETING DATE: August 27, 2007
RE:
Cooper Street Pier Redevelopment, Ordinance 28 Series 2007
After examining the agenda for the August 27, 2007 Council Meeting, Staff requests the
Public Hearing for 508 Cooper Ave (Cooper Street Pier) Subdivision be continued to
September 10,2007, Staff has worked with the Applicant to reschedule this Public
Hearing, and the Applicant supports this continuation.
The Staff memo, findings, and information requested by City Council at first reading will
be provided as part of the September 10, 2007 packet. Staff will be at the August 27th
meeting to answer any questions related to this continuation.
PROPOSED MOTION: "I move to continue the Public Hearing for Ordinance No. 28,
Series of 2007, approving a Subdivision for the redevelopment at 508 East Cooper Ave,
to September 10, 2007."
CITY MANAGER COMMENTS:
VI" ~.
MEMORANDUM
FROM:
Mayor Ireland and City Council
Jessica Garrow, Plannev fi\~
TO:
THRU:
Chris Bendon, Community Development Director
O1tWl
DATE OF MEMO: August 20, 2007
MEETING DATE: August 27, 2007
RE:
Wienerstube Subdivision, Ordinance 29 Series 2007
After examining the agenda for the August 27, 2007 Council Meeting, Staff requests the
Public Hearing for 307 S. Spring and 625 E. Hyman (Wienerstube) Subdivision be
continued to October 9, 2007. Staff has worked with the Applicant to reschedule this
Public Hearing, and the Applicant supports this continuation.
The Staff memo, findings, and information requested by City Council at first reading will
be provided as part of the October 9, 2007 packet. Staff will be at the August 27th
meeting to answer any questions related to this continuation,
PROPOSED MOTION: "I move to continue the Public Hearing for Ordinance No. 29,
Series of 2007, approving a Subdivision for the redevelopment at 307 South Spring and
625 East Hyman, to October 9, 2007."
CITY MANAGER COMMENTS:
~'II i. J
MEMORANDUM
TO: Mayor and Council
FROM: Trisha Nelson, P.E. Engineering Department
THRU: Randy Ready, Assistant City Manager
Bentley Henderson, Assistant City Manager
Tricia Aragon, P.E. City Engineer
DATE OF MEMO: August 21,2007
MEETING DATE: August 27, 2007
RE: Construction Management Second Reading
SUMMARY: Ordinances 32 and 33 will be continued to September 10, 2007.
PROPOSED MOTION: I move to continue "Ordinance No. 32, Series of 2007" and
"Ordinance No.33, Series of 2007" until September 10,2007,
CITY MANAGER COMMENTS:
1
VIII k.
MEMORANDUM
FROM:
Mayor Ireland and City Council
Jessica Garrow, PlannerJtJ\Q
Chris Bendon, Community Development Director QlNw1
TO:
THRU:
DATE OF MEMO: August 20, 2007
MEETING DATE: August 27, 2007
RE:
Smuggler Racquet Club Conceptual PUD, Resolution 53,
Series 2007
After examining the agenda for the August 27,2007 Council Meeting, Staffrequests the
Public Hearing for the Smuggler Racquet Club Conceptual PUD be continued to October
22,2007. Staff has worked with the Applicant to reschedule this Public Hearing, and the
Applicant supports this continuation.
The Staff memo, findings, and information requested by City Council at first reading will
be provided as part of the October 22, 2007 packet. Staff will be at the August 27th
meeting to answer any questions related to this continuation.
PROPOSED MOTION: "I move to continue the Public Hearing for Resolution No. 53,
Series of2007, approving a Conceptual PUD for the Smuggler Racquet Club, to October
22,2007,"
CITY MANAGER COMMENTS:
IXa_ ~.
MEMORANDUM
TO:
Mayor and Council Members
FROM:
Phil Overeynder, Public Works Director
"'4"
.. ;
~
THRU:
Steve Barwick, City Manager
Randy Ready, Assistant City Manager
John Worcester, City Attorney
Paul Menter, Finance Director
DATE OF MEMO:
August 17, 2007
MEETING DATE:
Angust 27, 2007 Council Meeting
RE:
Castle Creek Hydroelectric Plant Ballot Questions
SUMMARY: A conceptual system design study for a proposed Castle Creek hydroelectric plant
has been completed. The conceptual design identifies the potential amount of power which
would be generated, anticipated facility requirements, and estimated costs for the proposed
facility which would increase the City's electric utility's renewable energy supplies by 8 percent,
(over its current level of approximately 75 percent). Because the cost of the proposed facility
would require long-term financing and because the preferred location for the facility is on
property purchased with open space funds, staff is requesting Council's review of two ballot
questions which are proposed to be placed on the November 2007 election. The new
hydroelectric plant will produce 5.5 million kWh/year, which equates to the average electricity
consumed by 655 typical homes in Aspen.
PREVIOUS COUNCIL ACTION: A smaller version of this project was originally included in
the Canary Initiative resolution adopted by City Council in March 2005. After preliminary
review of the increased potential for energy production for this project, it was included in the
Asset Management Plan with a total of $780,000 appropriations in 2007 with additional funding
expected to be provided by long-term financing and grants. A REMP fund contribution of
$400,000 for this project was approved by the City Council and Pitkin County Commissioners.
DISCUSSION: This project would utilize existing water rights, headgates, and water storage
components of the original Castle Creek hydroelectric plant that met all of Aspen's electric
power needs from 1892 through 1958. Restoring this capacity will require construction of a new
powerhouse, construction of a pipeline (penstock) from the water plant to the hydro plant site,
installation of two turbines and generators, and related electric system work. When complete, the
1.05 MW facility is expected to increase electric production by 5.5 million kWh annually.
Page 1 of3
FINANCIAL IMPACTS: This project will be paid for by electric sales revenue. Existing
power purchases for coal-fired energy purchases through the Municipal Energy Agency of
Nebraska (MEAN) will be displaced by power "purchased" from the new hydroelectric fund.
Additional savings are expected because the power will be produced locally and "wheeling"
charges will be avoided when compared to energy produced in coal-fired plants in Wyoming and
Nebraska. Expected savings in these two categories compared to existing power purchases are
expected to be $300,000 annually.
The expected improvement cost of $5.1 million, (2006 estimate), is partially financed through
existing appropriations ($780,000) and through a REMP fund grant of $400,000, leaving an
expected balance of $3,920,000 to be financed through bond sales. Assuming a twenty-year
amortization period at current available bond funding, the expected capital cost of the facility,
($300,000 annually), would be offset by savings in power currently purchased from MEAN.
Operating costs for the facility would place some upward pressure on retail power rates charged
to municipal electric customers, but not to a greater extent than purchasing other sources of
renewable energy. Assuming operating costs of $O.013/kWh, the $70,000 annual operating
expense would push the total price of energy for this project to $0.065/kWh, roughly the same as
current costs for purchasing wind energy in today's market.
The commended amount to be financed is $5.5 million. This includes an allowance for cost
escalation from the time ofthe 2006 budget estimate.
ENVIRONMENTAL IMPACTS: Switching from (mostly) coal fired energy purchases from
MEAN to the hydroelectric power production of the proposed Castle Creek Plant would
eliminate an estimated 5,167 tons of CO2 emissions (5,500,000 kWh @ 1.879 lbs CO2/kWh)
annually. This represents a 0.6 percent community-wide reduction in carbon emissions based on
the 2004 Greenhouse Gas Emission Inventory.
CURRENT ISSUES: Because the preferred site for this facility is on land acquired with open
space funds, construction of the facility will require an election to allow the proposed change in
use. In addition, land of equal value will be identified in conjunction with the Open Space Board
to replace the land to be occupied by the proposed facility.
The preferred site is in an area that is highly disturbed and is actually used for equipment storage,
(more graders, etc.), for the Streets Department. This use existed at the time the open space land
was acquired. Staff has proposed that an area of the Water Plant site, suitable for trails and open
space access, be identified as the replacement site. A report from the Open Space Board on this
issue is expected prior to Council's decision on ballot language for the change in use of open
space land.
Page 2 of3
RECOMMENDATION: Staff recommends that Council adopt ballot language for the
November 2007 elections to:
1)
Authorize use of land purchased with open space funds for the proposed
reconstruction of the Castle Creek Hydroelectric Plant. (Attached Resolution
7() .)
2)
Authorize the sale of bonds to amortize the currently unfunded capital cost of the
proposed Castle Creek Hydroelectric Plant. (Attached Resolution 09 .)
Staff further recommends that Council direct Staff to proceed with development of conceptual
building plans sufficient to obtain the appropriate land use clearance on the preferred site
adjacent to the city shop.
ALTERNATIVES: The increase in renewable energy sought by this project could be
accomplished through a number of different projects, including expanding the wind energy
purchase through a modification in the MEAN wind energy purchase contract. As mentioned
previously, the cost of wind energy on a per kilowatt basis is approximately on par with the
proposed facility. However, the Kimball wind energy site is currently fully subscribed and there
are no immediate plans to expand this facility. Expanding the wind project will likely require
more than one participant to be large enough to gain the economy of scale to put it on the same
price point as the Castle Creek project. The local hydroelectric project has several advantages
over an expanded wind contract. First the City will own the facility, and when fully amortized,
the cost of power is expected to drop considerably (already the case with Ruedi power). The
expected life of wind turbines is unknown but is likely much shorter than the proven life of
hydroelectric turbines which have been demonstrated to stay in service for up to 100 years. The
local project would utilize the City's senior water rights and exercising this right is a way to
ensure that future diversion projects do not take additional water outside the Roaring Fork Basin.
The local facility will provide more tangible evidence to residents and visitors of Aspen's
commitment to renewable energy.
CITY MANAGER COMMENTS:
ATTACHMENTS:
I. Draft of a Conceptual System design for the Castle Creek Hydroelectric Plant
Page 3 00
RESOLUTION NO. (;; 9
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION SEEKING AUTHORITY FOR THE ISSUANCE OF GENERAL
OBLIGATION BONDS FOR THE PURPOSE OF CONSTRUCTING AND
EQUIPPING A NEW HYDROELECTRIC FACILITY ON CASTLE CREEK.
WHEREAS, the City of Aspen owns and has continued to maintain certain assets
related to the original Castle Creek hydroelectric plant, operated from 1893 through 1958,
including water rights, easements, dams, headgate structures, pipeline, and water storage
facilities, and
WHEREAS, it is in the City's interest to renovate, reconstruct, and expand on these
existing assets for the purpose of generating hydroelectric power for the municipal electric
system for the benefit of its customers and the citizens of Aspen generally, and
WHEREAS, the proposed facilities to be constructed will be capable of delivering
approximately eight (8) percent of the municipal electric utility's power requirements
utilizing locally produced, clean, renewable energy and eliminating an estimated 5,167 tons
of carbon dioxide emitted from use of existing coal-fired power plants to the atmosphere
annually; and
WHEREAS, Article X of the City of Aspen Home Rule Charter requires voter
approval to increase City debt by the issuance of general obligation bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question shall be placed on the ballot at the November 6, 2007,
election:
Castle Creek Hydropower Facility General Obligation Bonds.
SHALL CITY OF ASPEN DEBT BE INCREASED BY UP TO $5,500,000, WITH A
MAXIMUM REPAYMENT COST OF $10,773,846, BY THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF CONSTRUCTING AND
EQUIPPING A NEW HYDROELECTRIC FACILITY ON CASTLE CREEK, WHICH
DEBT SHALL BE PAYABLE FROM (1) ELECTRIC UTILITY FEES AND (2) TO
THE EXTENT THE CITY COUNCIL DETERMINES THAT THE REVENUES
PROJECTED TO BE AVAILABLE FROM SUCH ELECTRIC UTILITY FEES WILL
BE INSUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND
INTEREST ON SUCH DEBT AND TO OTHERWISE COMPLY WITH THE
COVENANTS OF THE ORDINANCE OR OTHER INSTRUMENTS GOVERNING
SUCH DEBT IN ANY YEAR, FROM THE TAXES DESCRIBED BELOW; SHALL
CITY TAXES BE INCREASED BY UP TO $ ANNUALLY IN ANY
YEAR BY THE LEVY OF AD VALOREM PROPERTY TAXES, WITHOUT
LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION, TO PAY
THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT AND
TO OTHERWISE COMPLY WITH THE COVENANTS OF THE ORDINANCE OR
OTHER INSTRUMENTS GOVERNING SUCH DEBT IF AND TO THE EXTENT
THE CITY COUNCIL DETERMINES THAT THE REVENUES PROJECTED TO BE
AVAILABLE FROM SUCH ELECTRIC UTILITY FEES WILL NOT BE
SUFFICIENT THEREFOR; SHALL SUCH DEBT MATURE, BE SUBJECT TO
REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND
SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW
PAR) AND IN SUCH MANNER AND WITH SUCH TERMS, NOT INCONSISTENT
HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND SHALL THE
CITY BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND ALL OF [THE
REVENUES OF SUCH TAXES, THE PROCEEDS OF SUCH BONDS AND THE
EARNINGS THEREON] IN 2007 AND EACH SUBSEQUENT YEAR,
NOTWITHSTANDING THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION (TABOR), SECTION 29-1-301, COLORADO
REVISED STATUTES, OR ANY OTHER LAW?
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the _ day of ,2007.
Michael C. Ireland, 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
JPW- saved: 8/21/2007-510-G:\john\word\resos\ballot07-Nov-HYDRO BONDS.doc
RESOLUTION NO. '1...0.-
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION SEEKING AUTHORITY TO CHANGE THE USE OF CITY OWNED
PROPERTY ACQUIRED FOR OPEN SPACE PURPOSES FOR THE CONSTRUCTION
OF HYDRO-ELECTRCI PLANT ON CASTLE CREEK.
WHEREAS, the City of Aspen owns certain property, originally acquired with Open
Space funds, of approximately 11,774 square feet located adjacent to the City's Street
Department Shop on Power Plant Road beneath the Castle Creek Bridge; and
WHEREAS, the City Council desires to construct a new hydro-electric plant on the
site of the original City of Aspen Castle Creek Hydroelectric Power Plant; and
WHEREAS, the Section 13.4 of the City of Aspen Home Rule Charter requires
voter approval to change the use of city owned property acquired for open space purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question, authorizing the City of Aspen to construct a hydro-electric
plant on Castle Creek, shall be placed on the ballot at the November 6, 2007, election:
Open Space Change of Use for Hydroelectric Plant.
Shall the City of Aspen be authorized to change the use of approximately 11,774
square feet of City owned property acquired for open space purposes located
adjacent to the City's Street Department Shop on Power Plant Road beneath the
Castle Creek Bridge for the purpose of constructing a new Castle Creek
Hydroelectric Power Plant; provided that City Council replaces the property with
other open space property of equivalent or greater value as of the date of the change
in use?
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the _ day of ,2007.
Michael C. Ireland, 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
JPW- saved: 8/20/2007-346-G:\john\word\resos\ballot07-Nov-hydro open space.doc
I~c.
THE CITY OF ASPEN
Memorandum
To:
Mayor and City Council
From:
Steve Barwick, City Manager
Randy Ready, Asst. City Manager
Paul Menter, Finance and Administrative Services Director
Don Pergande, Budget Officer
John Krueger, Transportation Director
Tim Ware, Parking Director
August 20, 2007
Date:
Re:
Recommendation for Transportation Sales and Use Tax Ballot Measure
for Transit Services and Pedestrian Amenities
Summarv and Requested Council Action:
This memorandum recommends that City Council take action to place a measure on the
November 2007 ballot to implement a new 2, I % use tax on construction and building
materials effective January I, 2008 and a new 0.15% sales tax effective September 2, 2009
(the day after expiration of the current 0.25% sales tax for parking) to pay the cost of
operation, maintenance, capital replacement, or improvements of City transit service and
pedestrian amenities. These new funding sources--along with existing resources, expansion
of the parking program and increases in existing parking fees--will generate sufficient
revenues to allow the on-and off-street parking programs to become self-sustaining and to
meet local transit needs, including development of capital replacement and upgrade reserves.
Backl!round
Current Levels of Service and Fundinl! Shortfalls in the Transportation Fund:
The City contracts with RFT A to operate eight free shuttle routes in Aspen: the
CastlelMaroon, Cemetery Lane, Cross Town, Galena Street, Hunter Creek, Maroon Creek
Road, Mountain Valley, and (as of this spring) the new West Side bus route that serves
highway 82 to Burlingame, The City now owns six diesel buses and 4 hybrid buses, along
with six smaller shuttle buses that RFT A uses to provide service in town.
August 21, 2007
Aspen's routes carry about one million passengers a year. The cost for the 2007 contract
with RFTA is $4.lm. The primary funding sources for the in-town system are the City's
share of the 1 % county-wide transit tax and half ofthe 1 % City Lodging Tax, accounting for
$3.1m and $0.575m respectively in the 2007 budget. The shortfall must be made up from
parking fees or other revenue sources.
There is a major structural deficit problem in the transportation fund brought about by transit
service costs routinely outpacing the revenue sources. The primary tax sources of funding
described above actually declined for three successive years earlier this decade. The historic
and projected costs of fuel, labor, insurance and capital replacement are going up far faster
than the revenue increases. For example, RFTA's fuel costs increased by 48% between 2004
and 2005. In addition, the popular new cleaner and quieter hybrid buses cost twice as much
as conventional diesel buses to purchase and replace. Attracting and retaining qualified
drivers, mechanics and other RFT A staff is becoming much more difficult and costly in
today's super-heated labor market. This deficit means that the mass transportation system is
unable to pay for current service levels and set aside the necessary reserves for vehicle
replacement. As costs continue to increase by at least 6% per year, revenue sources are
expected to increase by only about 3.5% per year. The result is an annual average shortfall
of about $1.3 million each year.
In summary, based on current budget assumptions, the Transportation Fund will have an
annual average funding shortfall of about $1.3m/year during the years 2010-2014. The
annual shortfall would be over $1.8m/year without the revenues from the fee increases
projected in 2008 and 2013. In addition, the Transportation Fund will need about $1.2m
more in revenues if the policy direction is to replace all six existing diesel buses in the city
fleet with hybrid buses when they are due for replacement in 2013. The current assumption
is that federal grants will cover about 25% of the bus replacement costs. If no federal funds
are forthcoming, an additional $l.lm to $1.6m will be needed to complete the replacement of
the 10-bus fleet during the first replacement cycle.
The total annual shortfall in the transportation fund is between $1.6m and $2.2m per year
through 2014.
Fundin!!: Scenarios:
During summer 2007 staff provided City Council with eight funding scenarios for meeting
the City's transportation needs over the long term. The eight scenarios illustrated in general
terms the level of services that can be provided given varying levels of voter approved
funding. At its August 14 work session Council directed staff to return with ballot language
to implement a new 2.1 % use tax on construction and building materials effective 11112008
and to implement a new, 15% sales tax upon expiration of the current .25% sales tax for
parking (9/2/2009). That proposed ballot language is in the attached sales and use tax ballot
question resolution.
2
August 21, 2007
Discussion and Financial Implications:
Evaluation of the scope of options available to Council at this point indicates that decisive
action is necessary before completion of the 2008 City budget to ensure sufficient funds to
simply meet current transit service level requirements. Council direction to increase on-and
off-street by approximately 30% in 2008 and to expand paid parking into residential
neighborhoods within three blocks of the commercial core will ensure that the current
parking program can be self-supporting and can begin to generate surplus revenues in out
years that can be used to offset transit service costs. However, due to the structural deficit in
transit funding, the Transportation Fund will deplete all of its reserves by the end of 2008 or
early 2009, necessitating major service cuts without an infusion of new resources. If no new
funds are forthcoming, transit service cuts should begin during winter 2007-2008.
The new sales and use taxes for transit service and pedestrian amenities would meet the
resource needs ofthe City's transit operations and would provide the opportunity for vehicle
replacements with possible upgrades to hybrid technology. The new revenues would be
sufficient for the foreseeable future as long as the other two existing tax sources (the City
share of the County-wide 1% transit sales tax and half of the 1% City lodging tax) continue
to grow at a modest rate. This option would permit for full funding of the bus replacement
reserve (at the 75% local-funding level) anticipated in our current long range plans to ensure
high quality, energy efficient buses can be purchased over the coming years. The current
capital replacement budget assumption is that existing diesel buses would be replaced with
the most fuel-efficient and cleanest-burning diesel buses available at the time of replacement,
and that existing hybrid buses would be replaced with hybrid buses. Approval of the new
sales and use taxes would provide future City Councils with the flexibility to go to an entire
fleet of alternative energy buses and/or to consider modest local service expansions.
Environmental Implications:
Availability of sufficient, sustainable resources to maintain and enhance the local transit
system is vital in order to accomplish the first two objectives of the Transportation section of
the Canary Initiative Climate Action Plan: I) Reduce the volume of single occupancy
traffic into Aspen and around town, and 2) Create a mass transit-oriented transportation
alternative into Aspen that is more convenient and affordable and has lower GHG emissions
per passenger mile than the average private vehicle.
Recommendation:
Staff recommends approval of the transit sales and use tax ballot language in the attached
resolution.
Alternatives:
Council has discussed seven alternative funding options, but has found that the recommended
sales and use tax scenario best provides the necessary sustainable levels of transit funding,
3
August 21, 2007
while allowing a decrease in the sales tax rate and a balancing of the tax burden with the use
tax on construction and building materials that have not previously been taxed.
Proposed Motion:
"I move to approve Resolution # 4, Series of 2007, setting ballot language for proposed
sales and use taxes to support City transit services and pedestrian amenities."
City Manal!:erComments:
4
RESOLUTION NO. 2L
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION SEEKING AUTHORITY TO LEVY A NEW 0.15% SALES TAX AND 2.1 %
USE TAX FOR CITY TRANSIT SERVICES AND PEDESTRIAN AMENITIES.
WHEREAS, the City of Aspen
and
WHEREAS, the City Council desires to
; and
WHEREAS, the Section 12.1 of the City of Aspen Home Rule Charter requires
voter approval to levy and collect general ad valorem property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question shall be placed on the ballot at the November 6, 2007,
election:
Sales and Use Taxes for City Transit Services and Pedestrian Amenities.
SHALL CITY OF ASPEN TAXES BE INCREASED BY AN ESTIMATED $
FOR THE FIRST FISCAL YEAR (2008) AND BY SUCH AMOUNTS AS MAY BE
GENERATED ANNUALLY THEREAFTER BY A NEW 2.1% USE TAX ON
CONSTRUCTION AND BUILDING MATERIALS; PROVIDED THAT THE FIRST
ONE HUNDRED THOUSAND DOLLARS ($100,000) OF EACH BUILDING PERMIT
VALUATION SHALL BE EXEMPT FOR USE TAX; AND SHALL CITY OF ASPEN
TAXES BE INCREASED BY AN ESTIMATED $ FOR THE FIRST FISCAL
YEAR (2010) AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY A NEW 0.15% SALES TAX BECOMING EFFECTIVE UPON
EXPIRATION OF THE CURRENT 0.25% SALES TAX; AND PROVIDED
FURTHER, THAT THE REVENUES DERIVED FROM SUCH SALES AND USE
TAXES SHALL BE USED TO PAY THE COST OF OPERATION, MAINTENANCE,
CAPITAL REPLACEMENT, AND IMPROVEMENTS OF CITY TRANSIT SERVICE
AND PEDESTRIAN AMENITIES; AND, PROVIDED, FURTHER, THAT THE FULL
AMOUNT OF REVENUES DERIVED FROM THE SALES AND USE TAXES MAY
BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY
STATE REVENUE OR EXPENDITURE LIMITATION, INCLUDING THE
LIMITATION CONTAINED IN ARTICLE X, SECTION 20, OF THE COLORADO
CONSTITUTION?
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the _ day of ,2007.
Michael C. Ireland, 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
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IXd.
MEMORANDUM
TO: Mayor and Council
FROM: Trish Aragon, P .E., City Engineer
THRU: Steve Barwick, City Manager
Bentley Henderson, Assistant City Manager
Phil Overeynder, Director of Public Works
Paul Menter, Finance Director
DATE OF MEMO: August 17, 2007
MEETING DATE: August 27 2007 Council Meeting
RE: Stormwater Management Ballot Measure
SUMMARY: Staff is recommending ballot measure language for the implementation of a property
tax intended to facilitate the implementation of a comprehensive stormwater management program as
described in the Stormwater Utility Business Plan, Revenues from the stormwater tax would be used to
manage stormwater runoff particularity as it relates to improving the water quality of the discharges
into the Roaring Fork River.
BACKGROUND: Over the last four years staff has presented to Council systems to manage
stormwater. Council expressed an interest in these systems but wanted to know more about possible
funding options for them. In 2005 Council approved a ballot issue which was subsequently approved
by the voters, which includes one small portion of one of the systems including the Jenny Adair
Wetlands project. In this same year Council approved a contract with AMEC to begin developing a
preliminary rate analysis for a stormwater utility for the City. The preliminary rate analysis was
completed in 2006, after which Council gave approval to proceed with the Stormwater Utility Business
Plan (Plan).
The Plan was completed early this year and presented to Council in a work session on March 20th.
Council then directed Staff to proceed with the recommendations in the Plan however Council wanted
it to have more of a water quality focus. The Plan has since been modified to reflect Council's direction
from the March 20th work session. The plan recommends a combination of a System Development Fee
and a dedicated property tax to fund the City's stormwater management program. The system
development fee was approved by Council during the May 21,2007 council meeting. During the July
31 st work session Council directed Staff to proceed with the ballot language for the dedicated property
tax as recommended by the Plan.
DISCUSSION: The Roaring Fork River (River) is severely degraded through the City. Reasons for
this degradation include, increasing levels of sediment discharge and other pollutants such as heavy
Page 1 of3
metals and toxic organics (refer to page 2-4 of the Plan). The City's stormwater runoff averages over
1800 mglL of total suspended solids while the national average is 150 mglL. For perspective, The
Aspen Sanitation District averages discharges at 20 mglL and 30 mglL would be a violation of their
discharge standard,
Stormwater runoff carries sediment and pollutants from streets, sidewalks and other impervious
surfaces. According to the Roaring Fork Conservancy, stormwater runoff is the number one source of
pollution in the River.
The Plan identifies a program to improve the water quality of the City's stormwater runoff. The
program includes additional facilities similar to the Jenny Adair Stormwater Facility to reduce the
amount of sediment and pollutants the City is discharging in the River. Additionally the Plan includes
developing criteria for development proj ects so that their impact to the River is reduced. Lastly the
Plan includes funds for education programs for improving water quality and funds for maintaining the
City's stormwater management program.
The Plan was created through a cooperative effort. Dr. Bob McGregor, P.E., along with his team at
AMEC created the Plan with input from Staff. The Plan also received input from a Citizens Review
Committee (CRe) the CRC met a total of five times over the last year. The CRC was formed to obtain
view points from Aspen citizens on stormwater program and funding options. The CRC included
citizens representing diverse interests and backgrounds in the community.
The Plan includes the recommendation of the following sources for a reliable long term funding
program:
1. Dedicated Property Tax. (proposed here) A dedicated property tax would be used to
fund the annual costs ofthe program plus all of the capital program costs except for the
costs of the street drainage and storm sewer system improvements which will be paid
through the collection of System Development Fees. Refer to page 1-8 and 1-9 of
Attachment B for a list of the annual and capital costs. The mill levy for the Dedicated
Property Tax would be 0.87 mills.
2. System Development Fee (Approved on May 21,2007). A System Development Fee
will be assessed against all properties at the time of development or redevelopment. Due
to the fact that the City has never charged a system development fee for its stormwater
system, the fee is proposed to be charged against the total impervious area, and not just
the increased impervious area resulting from the current development application. Staff
recommended this approach because the recommended capital program is designed to
support both existing as well as increased impervious areas and as noted above, no
previous system development fees have been collected in the City for stormwater
services. The System Development Fee is $2.88 per square foot of proposed total
. ,
ImpervIOUS area.
The proceeds from the System Development Fee will be used to pay for the
improvements to the storm sewer collection system.
Page 2 of3
Council has directed Staff to proceed with the steps necessary to take the proposed dedicated property
tax to a ballot measure this November. As a result, Staff is recommending proceeding with the
adoption of a resolution for the ballot language for a November ballot measure. The resolution is
included on Attachment A. Because the Pitkin County Assessor is revaluing property values, the mill
levy requirement in the resolution will be added once the estimate for 2008 tax collections is
completed.
FINANCIAL IMPLICATIONS:
Below are comparisons of monthly costs to property owners:
Dedicated Property Tax
Single Familv - West End $13.24/ Month
Affordable Housing $0,62 / Month
Large Commercial $606.70 / Month
The proposed property tax is forecasted in the Plan to generate approximately $12 million over the
coming fifteen years, and is necessary to maintain and improve City's stormwater facilities to protect
the City's infrastructure, the environment and the ecology ofthe Roaring Fork River from the effects of
stormwater runoff.
ENVIRONMENTAL IMPLICATIONS: The property tax will provide funding for construction and
management of stormwater facilities which will improve the City's ability to manage storm runoff into
the Roaring Fork river, reducing sediment and pollutant runoff, and generally benefiting the ecology of
the river, primarily within the City of Aspen, but also downstream from the City.
RECOMMENDATION: Staff is recommending proceeding with the adoption of a resolution for the
ballot language to propose a dedicated property tax for stormwater management as recommended by
the Plan.
ALTERNATIVES: Alternative funding options include: monthly service fee and combination
monthly service fees and property tax and are further described on page 1-11 of Attachment B.
CITY MANAGER COMMENTS:
Attachment A - Storm Water Management Resolution
Attachment B - Stormwater Utility Business Plan Supplemental Report
Page 3 of3
Attachment A
RESOLUTION No.li
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION SEEKING AUTHORITY TO LEVY A NEW _ MILL PROPERTY TAX
FOR THE CITY'S STORMW ATER MANAGEMENT PROGRAM.
WHEREAS, the City's Stormwater Management Plan identifies deficiencies in the
condition and capacity of its existing drainage system, and
WHEREAS, it is in the City's interest to protect private property, public health and
safety, the City's infrastructure, the environment, and the ecology of the Roaring Fork River
from the effects of stormwater runoff, and
WHEREAS, a new mill levy of _ mill property tax will generate an estimated
$12 million over fifteen years for use in maintaining, improving and extending the City's
existing drainage system and to mitigate the adverse water quality impacts from the City on
the Roaring Fork River; and
WHEREAS, the Section 12.1 of the City of Aspen Home Rule Charter requires
voter approval to levy and collect general ad valorem property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question shall be placed on the ballot at the November 6, 2007,
election:
CITY PROPERTY TAX FOR STORM WATER MANAGEMENT SYSTEM
SHALL CITY OF ASPEN TAXES BE INCREASED BY UP TO $800,000
ANNUALLY (FOR COLLECTION IN CALENDAR YEAR 2008) AND BY SUCH
ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD
VALOREM PROPERTY TAX MILL LEVY IMPOSED AT A RATE OF UP TO
MILLS FOR THE PURPOSE OF PAYING THE COSTS OF CAPITAL
IMPROVEMENTS TO, AND OPERATION AND MAINTENANCE OF, AN
EXPANDED STORM WATER MANAGEMENT SYSTEM, WHICH INCREASE
SHALL BE IN ADDITION TO THE AD VALOREM PROPERTY TAXES
CURRENTLY LEVIED AND COLLECTED BY THE CITY; AND SHALL THE CITY
BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND ALL OF [THE
REVENUES OF SUCH TAXES AND THE EARNINGS THEREON] IN 2008 AND
EACH SUBSEQUENT YEAR, NOTWITHSTANDING THE LIMITATIONS OF
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (TABOR),
SECTION 29-1-301, COLORADO REVISED STATUTES, OR ANY OTHER LAW?
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the _ day of , 2007.
Michael C. Ireland, 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
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Attachment B
THE CITY OF A<;PEN
Supplemental Report
Stormwater Utility Business Plan
April 2007
Prepared by
ame&
AMEC Earth & Environmental, Inc.
With support from
Fuller Consulting Services
Ed Krisor, Attorney at Law
Table of Contents
1.0
Supplemental Report ....................................................................
1.1 Introduction and Purpose .........................................................
1.2 Compelling Case for Improved Program1-1
1.2.1 Current Program Is not Sufficiently Proactive ................
1.2.2 Current Sources of Funding are too Small and
Unreliable ....................................................................... 1-1
1.2,3 A Stormwater Utility can be a Focal Point for an
Improved Organizational Structure and Adequate
and Reliable Funding .....................................................
1.2.4 The Current Program does not Meet the Water Quality
Management Goals of the City .......................................
1.2.5 The Current Program has not Provided Adequate
Funding to Prepare and Implement the City's
Stormwater Master Plans ...............................................
1.3 Recommendations for Improved Program ...............................
1.3.1 Review of Existing Program and Alternatives ...............,
1,3.2 Citizens Review Committee Review Process.................
1.3.3 Program Preferred by Citizens Review Committee........
1.3.4 Program Presented to city Council and Current
Recommendations..................,....""..,...................."".. ,
1.3.5 Recurring Program .........................................................
1.3.6 Capital Improvements Program .....................................
1.4 Recommendations for Funding ................................................
1.4,1 Alternative Funding Programs........................................
1.4.2 Recommended Reliable Funding Programs ..................
1,5 Next Steps................................................................................
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1-1
1-1
1-1
1-2
1-2
1-3
1-5
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1-6
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1.0 Supplemental Report
1.1 Introduction and Purpose
AMEC Earth & Environmental (AMEC) submitted to the Aspen City Council a
Stormwater Utility Business Plan (Business Plan) in March 2007, That Business Plan
provided:
1) An independent evaluation of the City of Aspen's stormwater
management program,
2) Recommendations that would define a stormwater management
program that is responsive to the City's emerging needs, and
3) Recommendations for establishing sufficient and reliable funding
sources for the program,
Following a review of the Business Plan, the City Council and staff requested additional
information concerning possible modifications to the Business Plan that would place
greater emphasis on mitigating the adverse water quality impacts of urban stormwaler
on the Roaring Fork River.
The purpose of this Supplemental Report is to describe the major program elements,
identify the costs, and calculate the appropriate Service Fees. Dedicated Taxes, and
System Development Fees for such a program. This revised program is referred to as
Option 4 and it includes an Advanced Water Quality Management Program and a
Moderate Flood Control Program,
AMEC recommends the adoption of the Option 4 Program to be supported by revenues
from a Dedicated Tax and System Development Charges.
1.2 Compelling Case for Improved Program
1.2.1 Current Program is not Sufficiently Proactive
The current stormwater management program in the City of Aspen is administered by
the Engineering, Public Works, Parks, Community Development and other departments,
These departments cooperate with one another to provide a variety of services.
These services, however, are mostly reactive in nature and are provided largely in
response to requests from citizens, corrections to nuisance flooding conditions after they
have occurred, or in response to a request to review the drainage design for a proposed
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development. Although this has proven to be an economically efficient process, it does
lead to some discontinuities in system planning and it makes it more difficult to look
ahead and anticipate problems in the system that could be corrected before damages
occur. It also makes it difficult to plan for and advocate an effective CIP program during
the annual General Fund budgeting process,
1.2.2 Current Sources of Funding are too Small and Unreliable
The funding for the current stormwater program is provided out of the City's Parks Fund
and General Fund and must compete each year with other priorities within the City for
funding.
This situation has made it difficult to meet all of the emerging requirements for managing
stormwater runoff, particularly as it relates to the management of the water quality of the
discharges into the Roaring Fork River, Castle Creek Maroon Creek and Hunter Creek.
It has also made it difficult to schedule and complete the capital improvements that have
been identified as necessary in a previous Master Plan.
1.2.3 A Stormwater Utility can be a Focal Point for an Improved Organizational
Structure and Adequate and Reliable Funding
A stormwater utility can serve as an umbrella under which existing departments and
personnel could provide an enhanced level of stormwater management services, It
would not require the formation of a new department, but would provide a focal point for
accomplishing the following goals:
1) Coordination of responsibilities that were previously dispersed among
several departments and divisions,
2) Generation of funding that is adequate. stable, equitable and
dedicated solely to the storm water function, and
3) Development of programs that are comprehensive, cohesive and
consistent year-to-year.
1.2.4 The Current Program does not Meet the Water Quality Management Goals
of the City
The management of the quality of stormwater runoff is growing in importance nationally.
It is no different in the Aspen area.
Local studies have identified a strong technical basis for concern about the adverse
effects of urban stormwater runoff on the quality of the Roaring Fork River and its
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tributaries as they pass through the urbanized areas of the City (Roaring Fork
Conservancy State of the Watershed Report, 2005 and Roaring Fork Stream Health
Initiative. 2006), A copy of this report was included as Attachment B to the February
2007 Business Plan.
It is generally understood that stormwater discharges from the Aspen Mountain
watershed and the urbanized areas in the vicinity of Aspen have contributed increasing
levels of sediment discharges and other pollutants such as heavy metals and toxic
organics to the Roaring Fork River.
The adverse effects of these discharges are exacerbated by the loss of riparian
vegetation as a result of the development and channelization of the riparian areas along
the Roaring Fork River. The reduced river flows due to diversions from the river further
compounds the problem. Among the "Hot Spots" identified for remediation are the storm
water discharge culvert at the Mill Street Bridge and the inadequate storm water
treatment pond at Jenny Adair Park. The recommended mitigation measures include the
creation of a functioning wetland at Jenny Adair Park and multiple improvements in Rio
Grande Park to remove urban pollutants from the stormwater.
Figure 1.1 illustrates the quality of the water in Jenny Adair Pond and at the Mill Street
storm sewer outfall and the visual impacts of these discharges on the Roaring Fork River
following a stormwater runoff event.
There also appears to be an interest on the part of the citizens to improve the
management of stormwater quality as evidenced by the recent public vote to support the
funding for the construction of the Jenny Adair stormwater quality improvement system.
This is further evidenced by the opinions expressed by the Citizens Review Committee
(CRC) formed to provide input to this business plan.
1.2.5 The Current Program has not Provided Adequate Funding to Prepare and
Implement the City's Stormwater Master Plans
WRC Consulting Engineers made recommendations in a 2001 Surface Drainage Master
Plan (2001 Master Plan) for improving the City's storm sewer system and the quality of
stormwater discharges to the Roaring Fork River. Alternative 3 of the 2001 Master Plan
was accepted as the preferred alternative in a study session by City Council. To date.
none of the improvements have been funded except for water quality related
improvements in Jenny Adair Park that were funded as a result of a special election
rather than annual appropriations from the General Fund. The Master Plan was updated
in 2006 (Updated Master Plan) to reflect the funding of the Jenny Adair Park
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Jenny Adair Pond
Mill Street Storm Sewer
Roaring Fork River below Jenny Adair
Roaring Fork River below Mill Street Discharge
Figure 1.1: Impacts of Stormwater Discharges on
Jenny Adair Park and the Roaring Fork River
improvements and to refine the costs for the additional needs in Jenny Adair Park, the
Mill Street discharge, Rio Grande Park, and the storm sewer collection system.
The needs identified in the Updated Master Plan are real and it is likely that other areas
of the City will also require improvements to meet the water quality and flood
conveyance goals of the City, The costs for the City-wide improvements have been
defined at a conceptual level. The proposed master planning process will produce more
refined cost estimates and will establish a well-defined set of priorities for the different
needs.
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1.3 Recommendations for Improved Program
1.3.1 Review of Existing Program and Alternatives
The stormwater management problems and priorities for the City of Aspen were
reviewed based upon:
1) Discussions with City staff,
2) Discussions throughout the CRC meetings.
3) Typical stormwater management practices in communities similar in
size to Aspen.
4) Emerging national and statewide stormwater management practices
and requirements,
5) Reviews of alternative mechanisms for providing long term reliable
funding sources for an effective stormwater management program,
and
6) AMEC's professional judgment and experience.
The costs for the City's Current Program were identified. The costs for optional
programs described as Moderate (Option 1) and Advanced (Option 2) Programs were
then developed.
The Option 1 Moderate Program included stormwater management activities consistent
with typical programs in other municipalities of the same size. It also includes special
program elements to improve the water quality of the stormwater discharges from the
Aspen Mountain Basin.
The Option 2 Advanced Program included the same features as the Moderate Program
plus sufficient funds to address water quality and flood conveyance issues in the balance
of the City. The Advanced Program option also included costs for the City's share of a
comprehensive program for addressing the potential mudslide issues from Aspen
Mountain, The City's financial contributions toward mitigating the mudslide risk would
represent about 25% of the overall funds needed for the improvements on Aspen
Mountain with the balance coming from local property owners, and federal and state
sources,
1.3.2 Citizens Review Committee (CRC) Process
The CRC was formed to obtain input from Aspen citizens on stormwater program and
funding options. The CRC included citizens representing diverse interests and
backgrounds in the community, A list of the CRC participants and meeting minutes are
included in Attachment D in the February 2007 Business Plan.
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The CRC met four times throughout August and September and discussed various
issues in the following sequence:
1.3.3 Program Preferred by CRC
It was the consensus of the CRC that the City would benefit from an improved
stormwater management program that places more emphasis on managing water
quality. The CRC also favored modifications to the City's organizational structures that
would provide:
1) a more consolidated focus for the management of the program,
2) a substantially more aggressive water quality management program,
3) an improved program that is less ambitious in constructing storm
sewers than specified by the Master Plan, and
4) reliable and adequate funding sources to support the program.
1.3.4 Program Presented to City Council and Current Recommendations
In response to the input from the CRC, AMEC developed a third optional program
referred to as the Modified Moderate Program (Option 3).
Option 3 is fiscally more conservative than the Option 1 Moderate Program presented to
the CRC, but retains the water quality focus favored by the CRC and the storm sewer
improvements recommended by the Updated Master Plan. It included an improved
street sweeping program to improve the quality of the runoff from the City's streets, a
more advanced water quality monitoring program, and a water quality education
program for staff, residential property owners and commercial property owners for
improved site design and the management of stormwater discharges from their
properties.
Option 3 also included the appointment of one staff member whose primary focus would
be the implementation of the program. The services for the program would continue to
be provided by staff from within existing City departments.
Following a discussion of the various options with City Council, it was concluded that it
would be appropriate to consider a more aggressive water quality program to mitigate
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the adverse water quality impacts of the runoff from urban areas on the water quality of
the Roaring Fork River. These discussions lead to the development of Option 4 that
would be appropriately described as an Advanced Water Quality Program and a
Moderate Flood Control Program.
The features of Option 4 include:
1) Recurring Program. This Option 4 Program includes all of the
features of what has been previously described as a Moderate
Recurring Program. This would allow the City to properly operate and
maintain its existing infrastructure. It would also provide sufficient
funds for enhanced water quality education programs, proper reviews
and inspections of new developments, more extensive water quality
monitoring, and maintenance of the new capital improvements that
will be required for an Advanced Water Quality Program, and
2) Capital Improvements Program. This Option 4 Program includes an
enhanced capital improvements program that adds mechanical
sediment removal structures in each of the 5 urbanized basins in the
City. These sediment removal structures would be integrated into the
storm sewer infrastructure in the central parts of the City and the
roadside ditches in the other parts of the City. These structures would
extend the life of and improve the performance of the water quality
management facilities planned for Jenny Adair and Rio Grande Parks
and other wetland systems throughout the City.
Funds have also been budgeted to upgrade the deteriorating storm
sewers in the Aspen Mountain Basin from corrugated metal pipe to
reinforced concrete pipe to extend the life of this critical infrastructure.
The program also includes a comprehensive master planning program
that will establish in more detail a comprehensive capital
improvements program for the City and establish the priorities for the
construction of those improvements. It will also establish a water
utility surcharge for the water that is used for snowmaking purposes
and causes additional runoff from Aspen Mountain. A comprehensive
Drainage Design Criteria Manual will also be prepared to provide
guidance for City staff and developers for designing the water quality
management features that will be required to successfully implement
an Advanced Water Quality Program.
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1.3.5 Recommendations for Recurring Program
AMEC recommends the implementation of Option 4 that will provide an Advanced Water
Quality Program and a Moderate Food Control Program. The estimated annual costs for
the various options for the Recurring Program are summarized in Table 1.1.
Table 1.1: Summary of Costs for Optional Recurring Programs
(July 2006 Dollars)
Routine Maintenance $213,000 $455,300 $525,300 $255,000 $455,300
Remedial Repair and $30,000 $183,000 $250,000 $148,000 $183,000
Re lacement
Plans Review, Inspection, and
Enforcement $71,000 $136,500 $286,500 $136,500 $136,500
Water Quality Monitoring,
Studies, and Trainin $12,000 $30,000 $180,000 $60,000 $60,000
General Administration $10,000 $35,000 $36,000 $25,000 $25,000
Total Initial Year $336,000 $839,800 $1 ,277,800 $624,500 $859,800
Maintenence for New CIP $44,000 $253,500 $306,000 $232,500 $357,900
Total at Program Buildout $380,000 $1,093,300 $1,583,800 $857,000 $1,217,700
1.3.6 Capital Improvements Program
AMEC recommends the implementation of the Option 4 CIP that has the features of an
Advance Water Quality Program and a Moderate Flood Control Program. The major
components of the Recommended CIP Program as well as the options considered are
summarized in Table 1.2.
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Table 1.2: Summary of Costs for Optional Capital Improvements Programs
(July 2006 Dollars)
Flood Control
Storm Sewer Upgrades, Aspen
Mtn Basin $0 $3,800,000 $3,800,000 $3,800,000 $5,000,000
Street Drainage Corrections,
As en Mtn Basin $1,900,000 $3,200,000 $3,200,000 $3,200,000 $3,200,000
Street Drainage Corrections,
Other Basins $0 $1,300,000 $1,300,000 $1,300,000 $1,300,000
As en Mtn Mud Flow Control a $0 $100,000 $3,000,000 $100,000 $100,000
Subtotal Flood Control $1,900,000 $8,400,000 $11,300,000 $8,400,000 $9,600,000
Water Qualit Mana ement
Rio Grande Park Misc.
1m rovements $0 $3,100,000 $3,100,000 $3,100,000 $3,100,000
Headgate, Freshwater Supply
Rio Grande Park $0 $100,000 $100,000 $100,000 $100,000
Additional Jenn Adair Wetlands $560,000 $500,000 $500,000 $500,000 $500,000
Other Wetlands $656,000 $600,000 $600,000 $600,000 $1,200,000
Remaining City of Aspen Misc
1m rovements $0 $3,900,000 $4,300,000 $2,600,000 $2,600,000
Mechanical Sediment Removal
Structures $0 $0 $0 $0 $1,423,000
Subtotal
Water Quali Mana ement $1,035,000 $8,200,000 $8,600,000 $6,900,000 $8,923,000
Master Plans, Design Manual
and S ecial Rate Settin
Master Plans for Drainageways
> 100 Acres $0 $300,000 $500,000 $200,000 $525,000
Draina e Desi n Manual $120,000
Set Rate Surcharge for Snow
Makin Extra Runoff $25,000
Subtotal Master Plannin $0 $300,000 $500,000 $200,000 $670,000
Total Potential CIP Pro ram $2,935,000 $16,900,000 $20,400,000 $15,500,000 $19,193,000
(a) risk assessment and feasibility studies only
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It should be noted that the Recommended CIP Program includes approximately
$3,800,000 in storm sewer improvements that were the preferred alternative in the City's
Master Plan. This system is needed to convey stormwater flows to the Jenny Adair and
Rio Grande Parks for water quality management and to convey at least the 1 O-year flood
within the storm sewers in the Aspen Mountain basin except for the Francis Street
improvements which would have a less than 10-year flood capacity. It would also
include $1,200,000 to convert the deteriorating corrugated metal pipe storm sewers in
the Aspen Mountain Basin to a more standard design consisting of reinforced concrete
pipe that will have a more extended life for this critical infrastructure.
The final selection of the improvements to be funded will be made based on the results
of an ongoing master planning process that will identify needs and set priorities for
accomplishing water quality goals and safely conveying stormwater through the City.
Those projects that are ranked with the highest priority could be funded for early
construction using debt financing. Those projects that have a lower priority could be
constructed on a "pay as you go' basis as funds are available over a 15-year period.
1.4 Recommendations for Funding
1.4.1 Alternative Funding Programs
AMEC evaluated a wide range of funding scenarios to support the recommended
program:
1) Monthly Service Fee plus a System Development Charge,
2) Combination of a Monthly Service Fee and a Dedicated Property Tax plus a
System Development Charge, and
3) Dedicated Property Tax plus a System Development Charge.
Table 1.3 compares the monthly costs for various property owners for each program
option and each funding scenario.
The System Development Fees are included in each funding scenario. They would be
collected from both redeveloped and new developed properties when the development
occurs. The System Development Fees would be sufficient to pay for all the proposed
capital improvements on a pay as you go basis over a 15-year period.
This is a more ambitious program than was assumed in previous estimates, thereby
reducing the relative reliance on Service Fees and a Dedicated property Tax to pay for
the costs of the programs. These revised costs are reflected in Table 1.3. In
subsequent years, the System Development Fees could be used to pay for other
additional capital improvements identified through the master planning process.
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Table 1.3: Comparison of Monthly Costs to Property Owners
for Each Program Option and Each Funding Scenario, Continued
Current Pro ram: General Fund Pro ert Tax
Typical West End Single Family Residence
3,500 s It 1m I $182,000 Assessed
Median Size Single Family Residence
2,500 s It 1m I $95,000 Assessed
Lacet Court Affordable Housing
2,500 s It 1m I $22,565 Assessed
Burlingame Affordable Housing
980 s It 1m Est I $8,500 Assessed
Clark's Market
4,200 s It 1m I $483,980 Assessed
Jerome Hotel
41,600 s It 1m I $8,343,820 Assessed
$9.71
$5.07
$1.20
$0.45
$25.81
$445.00
rams
$6.87 $14.80 $12.27
$3.59 $9.25 $6.40
$0.85 $6.51 $1.52
$0.32 $2.54 $0.57
$18.27 $27.79 $32.63
$315.06 $409.30 $562.49
Pro ram 0 tion 1: Moderate Water Qualit and Flood Control Pro
Typical West End Single Family Residence
3,500 s It 1m I $182,000 Assessed $18.03 $7.93
Median Size Single Family Residence
2,500 s It 1m I $95,000 Assessed $12.88 $5.66
Lacet Court Affordable Housing
2,500 s It 1m I $22,565 Assessed $12.88 $5.66
Burlingame Affordable Housing
980 s It 1m Est I $8,500 Assessed $5.05 $2.22
Clark's Market
4,200 s It 1m I $483,980 Assessed $21.63 $9.52
Jerome Hotel
41,600 s It 1m I $8,343,820 Assessed $214.25 $94.24
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Table 1.3: Comparison of Monthly Costs to Property Owners
for Each Program Option and Each Funding Scenario, Continued
Pro ram 0 tion 2: Advanced Water Qualit and Flood Control Pro rams
Typical West End Single Family Residence
3,500 s It 1m I $182,000 Assessed $26.22 $8.42 $12.12 $20.54 $17.85
Median Size Single Family Residence
2,500 s It 1m I $95,000 Assessed $18.73 $6.02 $6.32 $12.34 $9.32
Lacet Court Affordable Housing
2,500 s It 1m I $22,565 Assessed $18.73 $6.02 $1.50 $7.52 $2.21
Burlingame Affordable Housing
980s It 1m Est I $8,500 Assessed $7.34 $2.36 $0.57 $2.93 $0.83
Clark's Market
4,200 s It 1m I $483,980 Assessed $31.47 $10.11 $32.22 $42.33 $47.47
Jerome Hotel
41,600 s It 1m I $8.343.820 Assessed $311.69 $100.11 $555.49 $655.60 $818.31
Pro ram 0 tion 3: Modified Moderate Water Qualit and Flood Control Pro rams
Typical West End Single Family Residence
3,500 s It 1m I $182,000 Assessed $13.66 $3.57 $6.87 $10.44 $9.30
Median Size Single Family Residence
2,500 s It 1m I $95,000 Assessed $9.76 $2.55 $3.59 $6.14 $4.85
Lacet Court Affordable Housing
2,500 s It 1m I $22,565 Assessed $9.76 $2.55 $0.85 $3.40 $1.15
Burlingame Affordable Housing
980 s It 1m Est I $8,500 Assessed $3.83 $1.00 $0.32 $1.32 $0.43
Clark's Market
4,200 s It 1m I $483,980 Assessed $16.40 $4.28 $18.27 $22.55 $24.73
Jerome Hotel
41,600 s It 1m I $8,343,820 Assessed $162.40 $42.40 $315.06 $357.46 $426.37
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Table 1.3: Comparison of Monthly Costs to Property Owners
for Each Program Option and Each Funding Scenario, Concluded
Pro ram 0 tion 4: Advanced Water Qualit Pro ram and Moderate Flood Control Pro ram
Typical West End Single Family Residence
3,500 sq It Imp/ $182,000 Assessed $19.44 $9.35 $6.87 $16.22 $13.24
Median Size Single Family Residence
2,500 sq It Imp / $95,000 Assessed $13.89 $6.68 $3.59 $10.27
Lacet Court Affordable Housing
2,500 sq It Imp / $22,565 Assessed $13.89 $6.68 $0.85 $7.53
Burlingame Affordable Housing
980 sq It Imp (Est) / $8,500 Assessed $5.44 $2.62 $0.32 $2.94 '$0.62
Clark's Market
4,200 sq It Imp / $483,980 Assessed $23.33 $11.22 $18.27 $29.49
Jerome Hotel
41,600sqltlmp/$8.343,820Assessed $231.11 $111.11 $315.06 $426.17 $606.70
In the Service Fee Only Scenario, the Service Fees would be sufficient to pay for the
costs of the Recurring Program plus any debt financing costs for the accelerated
portions of the Capital Improvements Program.
In the combined Service Feel Dedicated Property Tax Scenario, the Dedicated Property
Tax would pay for any debt financing costs for the accelerated portions of the Capital
Improvements Program and the Service Fees would pay for the balance of the program
costs.
In the Dedicated Property Tax Only Scenario, the Dedicated Property Tax would be
sufficient to pay for the costs of the Recurring Program plus any debt financing costs for
the accelerated portions of the Capital Improvements Program.
As can be seen from Table 1.3, funding scenarios that include a dedicated tax tend to
shift the burden for paying for the stormwater management program from the residential
to the commercial properties. This shift is due primarily to higher the higher ratio of
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assessed value to market value for commercial properties when compared with
residential properties.
1.4.2 Recommended Reliable Funding Program
AMEC recommends the adoption of the following sources for a reliable long term funding
program:
1) Dedicated Property Tax. A dedicated property tax would be used to fund the
Recurring Program plus the financing costs for the accelerated portion of the
CIP. The mill levy for the Dedicated Property Tax would be approximately 0.87
mills based on the 2006 property assessed values.
A Dedicated Property Tax would be a reliable source for funding an improved
stormwater management program. It can be easily understood by the general
public and would be the least administratively expensive funding option to
implement. It would require a general election for approval.
Although a Dedicated property Tax may be viewed as less equitable than a fee
structure that is based on impervious area since it shifts some of the economic
burden away from the residential to the commercial properties. This shift,
however, may be more consistent with the overall municipal services funding
policies of the City.
The Dedicated Property Tax could be reduced following the repayment of the
debt used to construct the higher priority CIP projects, or it could be continued at
it is initial rate to construct additional CIP projects beyond those identified in this
business plan.
2) System Development Fee. A System Development Fee would be assessed
against all properties at the time of development or redevelopment. The fee
would be assessed against total impervious area, not simply the increased
impervious area. This is because no previous system development fees have
been collected in the City for stormwater services and the recommended CIP
program is designed to support both existing as well as increased impervious
areas. The Recommended System Development Fee would be $2.88 per
square foot proposed total impervious area.
The proceeds from the System Development Fee would be adequate to pay for
the proposed capital improvements on a Pay as You Go basis over a 15-year
period, with subsequent adjustments for inflation, at an annual
development/redevelopment rate of 4% of the City's impervious area.
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1.5 Next Steps
The next steps in the process for the implementation of an enhanced stormwater
management program supported by a sufficient and reliable funding source include:
1) Review of AMEC recommendations by City Council
2) Decisions on the part of the City to determine preferences for stormwater
management program:
a) Organization
b) Recurring Program
c) CIP Program
d) Funding
3) Set referral election to consult with public on key issues
4) Establish Dedicated Tax, and
5) Continue Consultations with Citizens Review Committee.
Each of these steps is a necessary part of the process to fully define an enhanced
stormwater management program and to obtain the support form the public for such a
program. It is pOSSible that a referral election could take place in 2007. It would be
prudent for the City to make several decisions concerning the program prior to an
election so that the election would be on a specific program with a well-defined funding
source.
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