HomeMy WebLinkAboutagenda.council.regular.20071210CITY COUNCIL AGENDA
December 10, 2007
5:00 P.M.
Call to Order
Roll Call
III. Scheduled Public Appearances
a) Heart Saver Award -Mike Lyons Aspen Volunteer Fire Department
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
VII. Consent Calendar (These matters maybe adopted together by a single motion)
a) Board Appointments
b) Resolution #104, 2007 -Traffic Study and Transportation Plan of the Park Avenue
Neighborhood
c) Resolution #105, 2007 -State Income Tax Credit for Historic Preservation
d) Resolution #106, 2007 - CMAQ Grant for Flusher Truck
e) Resolution #107, 2007 -Reimbursement for Capital Expenditures
f) Resolution #108, 2007 -Recognition and Consent Agreement -Isis Sublease
g) Minutes -November 26, 2007
VIII. First Reading of Ordinances
IX. Public Hearings
a) Ordinance #48, 2007 -Code Amendment Historic Preservation
b) Ordinance #49, 2007 -Christ Episcopal Church GMOS Review
c) Ordinance #52, 2007 -Fees 2008
d) Ordinance #53, 2007 -Amending Liquor Code Server Education
e) Ordinance #54, 2007 -Supplemental Appropriations
f) Ordinance #55, 2007 -Use Tax
X. Action Items
XI. Adjournment
Next Regular Meeting January 14, 2008
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
Vlla.
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, City Clerk
DATE: December 3, 2007
RE: Board Appointments
By adopting the consent calendar, Council is making the following
appointments:
Commercial Core and Lodging Commission:
Bill Dinsmoor
Shae Singer
Terry Butler
Mark Goodman
Don Sheeley
Roger Haneman
Fred Ayarza
John Starr -alternate
Vlib
MEMORANDUM
TO: Mayor and City Council
FROM : Tyler A. Christoff
THRU: Trish Aragon, P.E., City Engineer
Bentley Henderson, Assistant City Manager
DATE OF MEMO: December 3, 2007
MEETING DATE: December 10, 2007
RE: Park Avenue Pedestrian Improvement Plan
Professional Services Contract Approval for JR Engineering LLC
SUMMARY: Staff recommends that Council approves the contract for JR Engineering LLC in the
amount of $43,595.00 for professional services for developing the Park Avenue Pedestrian
Improvement Plan.
BACKGROUND: According to Ordinance No. 25 (series of 2004) sidewalk, curb and gutter shall be
provided across the Pazk Avenue frontage of 308 and 310 Pazk Avenue. The challenge is that the paved
road surface is approximately 18 to 21 feet wide (minimum 24 feet is recommended) and is located on
the edge of the right of way (ROW). As a result, there is not enough room to install the sidewalk as
intended by the ordinance. Council then directed staff at the January 22, 2007 council meeting, to
commission a study to develop a pedestrian improvement plan for the Park Avenue neighborhood. The
goal of the study is to provide recommendations for pedestrian alignments along Park Avenue.
DISCUSSION: Proposals were received from two consultants as summarized below:
JR Engineering LLC $43,595.00
BWR Engineering, Corp $64,553.00
A team of three employees from the engineering department performed independent reviews of the
proposals. The proposals were then ranked as a group based on the rankings of each reviewer.
Consultant fees remained sealed until the proposals were scored. The review committee selected JR
Engineering LLC based on the quality and detail of their proposal. JR Engineering was retained to
provide a Traffic Study and Transportation Plan of the Pazk Avenue Neighborhood. Additionally JR
Engineering has included various meetings with the neighborhood and council presentation for this
project.
FINANCIAL IMPLICATIONS:
Originally additional funding required for the Park Avenue Traffic and Pedestrian Study was to be
taken from the TABOR funds for Sidewalk Improvements. From Council direction given in the
November 26`h 2007 council meeting, these funds are not available for this prof ect. Staff intends to use
original funding budgeted for this project and request supplemental funding in Mazch to cover
additional project expenses.
Total Project Amount
JR Engineering LLC Proposal $43,595.00
Funding Budgeted
Pedestrian Improvements- Park Avenue(Acct# 000.15.82130) $36,000.00
RECOMMENDATION: Staff recommends that Council approves the contract for JR Engineering
LLC as mentioned above.
CITY MANAGER
Attachment A: Agreement for Professional Services (between the City of Aspen and JR Engineering)
RESOLUTION # IO'~'
(Series of 2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND JR ENGINEERING, LLC SETTING FORTH
THE TERMS AND CONDITIONS REGARDING THE TRAFFIC STUDY
AND TRANSPORTATION PLAN OF THE PARK AVENUE
NEIGHBORHOOD 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 JR Engineering, LLC, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
contract between the City of Aspen, Colorado, and JR Engineering, LLC
regarding Traffic Study and Pedestrian Plan of the Park Avenue
Neighborhood, 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:
Mick 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
December 10th 2007
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and JR Engineering, LLC, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
2. Completion. Professional shall commence work immediately upon receipt
of a written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than 4/1/2008. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "A" appended
hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional
shall not initially exceed $43,595.00 . 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 pay or be
liable for payment of any sums due which maybe due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement,
without specifying the reason therefor, by giving notice, in writing, addressed to the other party,
specifying the effective date of the termination. No fees shall be earned after the effective date of
the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Professional
PS2-971.doc Page 1
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 maybe determined.
6. Covenant Against Contingent Fees. The Professional warrants that s/he 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. Independent Contractor Status. It is expressly acknowledged and understood
by the parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work aze 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, persona] 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, enor, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
PS2-971.doc Page 2
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agees to procure and maintain, at
its own expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such
insurance shall be in addition to any other insurance requirements imposed by this contract or by
law. The Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by
reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract,
and Employers' Liability insurance with minimum limits of FNE HUNDRED
THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and FNE HUNDRED
THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified
self-insured status maybe substituted for the Workmen's Compensation requirements of this
paragaph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggegate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggegate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
PS2-971.doc Page 3
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the
CIRSA Property/Casualty Pool. Copies of the CII2SA policies and manual are kept at the City of
Aspen Finance Department and aze available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
PS2-971.doc Page 4
11. Completeness of Agreement. It is expressly agreed that this agreement
contains the entire undertaking of the parties relevant to the subject matter thereof and there are no
verbal or written representations, agreements, warranties or promises pertaining to the project matter
thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to
the respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
City Manager Michael Brake, P.E., PLS
City of Aspen JR Engineering, LLC
130 South Galena Street 2620 East Prospect, Suite 190
Aspen, Colorado 81611 Fort Collins, Colorado 80525
13. Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of this Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of
any term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
16. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
PS2-971.doc Page 5
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 6
ATTESTED BY:
WITNESSED BY:
I ~
CITY OF ASPEN, COLORADO
By:
Title:
Date:
PROFESSIONAL:
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By: f~ /~~ ~-'
Title: ~~ i /~ ( '! ill~hd6.~/
Date: T ~ / / ~~~ 7
PS2-971.doc Page 7
EXHIBIT "A" to Professional Services Agreement
JR Engineering, LLC Proposal File
(To be completed prior to execution of Agreement)
PS2-971.doc Page 8
Citt' of Aspen
Transportation Plan of the Park Avenue Neighborhoor(
Work Plan
Page
.1R F.n~ineerin~ understands [hat the City of Aspen desires to produce a conceptual
pedestrian access and circulation plan for the Park Avenue Neighborhood and a
preliminary design for pedestrian and other improvements for Park Avenue
specifically. These designs and planning documents will allow the City to continue
the planning process for this neighborhood, produce estimated construction costs for
budgetary purposes, identify ROW needs, provide the City template in which to
construct [he public improvements, and provide the City with a basis to move into
final design and construction.
In order to complete these design, we understand that ,IR P:n~~inecrin~, in
conjunction with the City, will complete an infrastructure inventory survey of the
entire Park Avenue neighborhood. Information such as sidewalk and curb and
gutter sections, edge of pavement, driveways, utilities, and other features will be
collected and mapped. Once this is accomplished a detailed topographic survey of
Park Avenue will be completed. This information will be utilized to produce an
overall pedestrian access and circulation plan for the entire Park Avenue
neighborhood and detailed alternatives and preliminary designs for improvements to
Park Avenue. These alternatives could include additional sidewalks and trails,
additional curb and gutter and other roadway improvements, roadway realignment,
or designing Park Avenue as a one-way street with a bike lane to reduce the contlicts
between vehicles and pedestrians on [he narrow street.
With this understanding, .)k offers the following services to complete this project for
the City of Aspen:
i' Coordinate with the City of Aspen engineering and planning staffs
> Assist the City in determining the necessary ROW requirements.
> Produce a Conceptual Neighborhood Pedestrian Access Plan
r Prepare Preliminary Design Drawings for Park Avenue
r Participate in the Public Involvement process.
The JR F:u~,ineerim~ team, with our specialized subconsultants, is well suited to
exceed the requirements of your project. Our team has successfully worked together
on similar projects..1R has served the needs of many jurisdictions with urban
planning, transportation, water resources, surveying, and structural projects.
.)k has assigned key personnel including our Project Principal and Project Manager
who have municipal government experience and understand the challenges of
developing and delivering municipal projects.
,)k's approach to the project will be to inroh~r~ u/1 project s~ir~kehnldccs as early in the
design process as possible. Upon Notice to Proceed, JR's project manager, Trent
Marshall, will schedule a project kick-off meeting, which will serve to familiarize all
stakeholders and discuss their recommendations for the project's design.
"°x"""~'°°' ~ J'R ENGINEERING
CO'S53-1000
A Weshian Company
C/tp of Aspen
Transportation Plan of the Purk Avenue Neighborhood
Work Plan
Page 2
JR's general approach to the project will be as follows:
i~ ('oordi~anr eJJec [ireh~ and pruuc ~irrlr with the project`s various
stakeholders, such as the City, adjacent property owners/developers, utility
companies and the Public.
- Manage current work such that staff and team will be able to /~e>Ji~rm unr
rusk inunediuleh' /nr [he C'i[r, n'hile wuiniuiiiin,~ .rU'iel schedule cnm/~liunce~.
i a,~,~ressirelr and iu~ouctireh~ iuirsue ~nlutinns to the unforeseen challenges
that arise during the course of design.
Maintain a philosophy of being Jle.rrG/e. innoru~ire, and /rrour~ire.
Investigate all potential cost savings and preliminary design alternatives
thoroughly as soon as project constraints are known.
> Set public opinion and convenience as high priorities, because .IR and she
('in' hill he uurkir>~~ uc a drum ro serrc° uur end u.eer, the in~hlic.
:> I ~ulue F'nginrerin~~ frill he ca,nNau~nrs, not a task performed only before final
plan submittal.
We feel strongly that it will be in the initial phases of the project that the important
decisions affecting the overall success of the project will be made. All of the critical
issues, such as environmental awareness, terrain limitations, existing utilities, ROW
considerations, and public input, must be given adequate attention during the
planning stages.
Our immediate availability allows us to begin this project and confront all of the
critical issues simultaneously. The JR Team will immediately begin collecting data
to be used in developing the Conceptual Plan.
Project Start-Up Upon receipt of the Notice to Proceed, the .1R Team will immediately proceed with
scheduling akick-off meeting with City of Aspen and other affected agencies. This
meeting will include:
Review of the scope to clarify all work requirements and deliverables;
Review the schedule to discuss critical submittal dates, review time, and project
completion;
Establish a list of key contacts for the project;
> Set a schedule for project progress meetings;
> Review requirements for the Citys approval;
r Solicit input from affected agencies and utility companies; and
Conduct an on-site field inspection to review existing field conditions, and
discuss critical design issues.
Review of Existing Data: .1R will review all available existing information
Data Collection & including utility plans, drainage studies, geotechnical reports, traffic studies, access
Analysis permits and survey information to determine what additional field surveys and
additional information will need to be collected.
IIC}7Ilt~Cll FI/l r~vnn}q~ qA(t UP~°t~1~9~ r„nfrn~• a ~Il`PfICPlt PYl1 FPCC IlIIIA~ CIIF1/P\/!lY
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City of Aspen
Transpartatinn Plan of the Park Avenue Nei;hborhaad
Conceptual Design
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Po'i53-loan
Work Plun
Page 3
from JR will establish the horizontal and vertical control for this project on the latest
City of Aspen control nehvork. This control will be utilized for all design and
survey purposes during the preparation of the conceptual and preliminary plans.
Field Surveys: JR will perform an infrastructure field survey of the Park Avenue
neighborhood that will include; centerline, edge of pavement, sidewalk, curb and
gutter, esisting structures, and all other additional detail items [hat are needed within
the project limits. This information will be collected and presented in an existing
inventory map. .Ik En,ineerim, will also complete a detailed topographic and
design survey of Park Avenue. All information necessary to redesign and
reconstruct Park Avenue will be collected.
ROW Research & Base Map: .112 will review all current existing rights-of--way,
deeds, easements, and ownership information within the project limits. Working
with the City, .IR will obtain any additional information as needed and will input all
of [he data into aright-of--way base map.
Traffic and Pedestrian Analysis: .IIZ P m~incerin~ will collaborate with Al!
Tra/Jic Data /nc. to conduct volume counts in the AM and PM peak hours and
turning movement counts at selected intersections. [n addition to vehicle pedestrians
will be counted at selected locations. The counts will occur on a single weekday at
several locations along the corridor. .t I2 F',nincerim~ will also obtain 5 years of
crash history data.
.Ilt will review and analyze the esisting and collected traffic information of this
entire neighborhood. Based on this analysis, JIZ will make recommendations for
pedestrian access and circulation, roadway and trail improvements, and roadway
alignments. All of the alternatives will include conceptual cost estimates.
Once all existing information is collected and reviewed by the City for
completeness, .IN will begin the Conceptual Design Phase. This phase will include:
Prepare Neighborhood Pedestrian Access Alternatives: .112 will prepare up to
three conceptual neighborhood pedestrian access design alternatives, to determine
the feasibility of each option. Elements such as missing trail and sidewalk sections,
pedestrian crossing locations, bike lanes and facilities, roadway improvements,
roadway alignments, and aesthetics will be included. All of the alternatives will
include conceptual opinions of probable cost and estimated amounts of ROW and
easements. Each alternative will be designed so that a minimum amount of revisions
will be necessary to the ROW estimates.
Additionally, JH Em~incerin~ will identify and produce the most appropriate design
~lli~~m ii~~~oaaly iu wl~a i~u~i iitio pl u~~~i. T~auitlui~di avw wa ou~l, uo tli~ ~.iy v. e'~oii~.il
Standards, AASHTO, MUTCD, and the Americans with Disabilities Act as well as
existing conditions, terrain, and private property issues will be utilized to develop the
criteria.
Public Meetings..112 will review the plans and right-of--way information with the
City..IR will then assist the City staff in City Council meetings and meetings with
J•R ENGINEERING
A bVestrian Company
City of Aspen
Transportation Plan of the Park Avenue Neighborhood
Work Plan
Page 4
necessary plans and exhibits for these meetings. .IR will then incorporate into the
conceptual plans any revision(s) agreed to by the property owners, public, and the
City.
Submit Conceptual Design Report:.IH will prepare and submit the conceptual
design report that will include a[ a minimum:
r A description of and the feasibility of the alternatives
A probable cost of the alternatives
~ The estimate amount and cost for the required RO W
r The Traffic and Pedestrian analysis report.
i Design Criteria
Comments and recommendation of the Public.
Preliminary Design
,,,X~,~.- .~,,,
After review and discussion of the conceptual design drawings with the City, .IR
will initiate the preliminary design activities. All plans will be prepared using City
standards and all documents will be in MS Word and Excel. The preliminary design
phase will include:
Preliminary Pedestrian Access Plans: Based on the preferred alternative selected
in the conceptual design phase, JR Em„ineerin~ will develop a preliminary
pedestrian and bicycle access and circulation plan for the Park Avenue
neighborhood. Factors such as parking, lighting, existing, pedestrian & bicycle
facilities, existing landscaping, available right of way, and road profile will be
considered in the design. This design will build on the conceptual design and
provide [he City with a planning tool for budgetary purposes and future projects.
Preliminary Roadway Plans: In conjunction with the pedestrian access plan, dR
will prepare preliminary roadway plans for Park Avenue, including intersection
geometries, street alignment, and profiles. The preliminary design for Park Avenue
will be more detailed than the access plan to allow for a more complete cost
estimate. This will let the City plan for CIP project that can be complete in the near
future and eliminate the worst of the conflicts..1R will also prepare typical cross-
sections detailing the roadway, lane geometry, median, curb and gutter, and
sidewalk. The preliminary construction plans will be prepared in accordance with
standard City of Aspen requirements.
Preliminary Opinion of Probable Construction Cost: 112 will prepare cost
estimates for construction based on the preliminary plans.
Mana¢ement Approach
The Project Manager, Trent Marshall, will be responsible for managing all of the
various aspects of this project. Mr. Marshall has extensive experience with
managing large multi-disciplined projects. Over the last 13 years, Mr. Marshall has
managed millions of dollars of infrastructure improvements on numerous projects.
This infrastructure included major arterial roadways, bridges, landscaping and
irrigation, traffic signals, lighting, storm sewer, water lines, utility relocations, right-
of-way and easement acquisition, public meetings, bidding and constructing
("~~ J°R ENGINEERING
C~'epastrlan ~omoaay
City of Aspen
Transportation Plan of the Park Avenue Neighborhood
Work Plan
Page 5
services. Mc Marshall will utilize a very similar management approach on your
project, and communication is the single most important element of a successful
project. Mr. Marshall has organized our team to promote client communications,
team partnering, and readily identifiable lines of authority and accountability. Mr.
Marshall plans to utilize the following project management tools to facilitate
outstanding communication with you and all team members:
Mc Marshall will serve as the primary point of contact for coordination,
monitoring project status, and contractual issues. He will also direct design
activities and ensure that project deliverables meet the needs and
requirements of the project.
.)R will conduct regularly scheduled meetings with the City and key team
members on a schedule that meets the needs of the project. We find that by
having regularly scheduled progress meetings, our clients are more informed
on the progress of the project and misunderstandings and rework with
regards to scope and deliverables minimized. During each progress meeting,
Mr. Marshall will review the progress, schedule, budget, action item list, and
critical issues. A progress report will be provided highlightin, the work
performed since the last meeting.
The project schedule and costs will be maintained on a weekly basis. This
will help keep the project on track and allow the City and team members to
make adjustments as the project progresses.
"'K""'~=°°" ~~~„~ J•R ENGINEERING
~•,~~»,-,o~~>
.A LVestria n Co:no~np
AUG-29-.007 IO:4B FRO~-WE3TRIAN
+3037219019 T-942 P.003/004 F-094
AUG-2Q-20D7 10:49 FROM-WESTRIAN +3037219019
Ciry oJAspen
Tra/fic Study and Tran~pnrratinn Plan of the Park Avenue N~ighburhund
T-942 P.004/004 F-094
Hourly Rare Schedule
Page 1
JR Engineering
Hourly Rate Schedule
iP~cfe`8s!'o~a~.p~Ei;;ii: , ~..~.:., Hourly.Rate_.
Level 1 Engineering Assistant /Design Technician Assistant / Survey Assistant /Clerical $ 50
Level 2Enginecring Assistant I /Design Technician I /Surveyor Assistant 1 $ 75
Level 3Engineering Assistant II /Design Technician II /Surveyor Assistant Iz /Inspector 1 $ 80
Level 4Engineer I / Designer I / Surveyor I /Inspector II / Geologist I /Construction Engineer I $ 85
Level SEngineer II /Designer II / Surveyor II / Geologist II /Construction Engineer II $ 90
Level 6Project L•ngineer / project Designer /Project Surveyor /Project Inspector /Project Geologist /
Construction Project Engineer $ 100
Level 7Production Manager /Client Manager /Project Lead $ 120
Level 8l3ranch Manager $ 140
Field Survey $ 135
Nucleaz Gauge $ 25
Mileage
Deliveries
Copies (each)
Prints (24"x36")
Mylar (24"x36")
Subconstiltant
Effective January 1, 2007
$ 0.60/mile
variable
$ 0.20/copy
$ 1.60/print
$13.00/sheet
At Cost Plus 10%
This Schedule ofRares is considered "Company Confidential" and shall nor be released to a third
party without written permission ofJR Fngi/teering.
AYyLLa ];IW/] - ~ J-R ENGINEERING
flINJ.~-!MW A W~atnen [empany
ACORD CERTIFICATE OF LIABILITY INSURANCE iii'is%zoo~'
PRODUCER (303) 824-6600 FAXI (303)370-0118
Moody Insurance Agency, Ino.
3773 Cherxy Creek North Drive THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER 7HE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 800
Denver CO 80209-3804
INSURERS AFFORDING COVERAGE
NAIC#
INSUR3D INSURER A:Jamea River Insurance Co 12203
Weatrian Group, Inc., DHA: SR Engineering, LLC INSURERa: Continental Western Ina 10804
6020 Greenwood Plaza Blvd. IwsuRERC:Amer Guarantee Liab Ins 26247
INSURER D:Pinnacol Assurance 41190
Greenwood Village CO 80111 INSURER E: Lexington Insurance 19437
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
INSR ADO'L P
Y EMro~
E PO
TYPE OF INSUPANCE POLICY NUMBER DATE
NV ATE MMIOOm LIMITS
GENERALLIABILITY CCURRENCE S 1, BOO, 000
X COMMERCIAL GENERAL LIABILITY
vEM SES Ea uawED
S 50,000
A CLAIMS MADE ^X OCCUR 000190481 10/1/2007 10/1/2008 MED ExP none raan $ Exe laded
PERSONALA AOV INJURY 8 1,000,000
N A RE TE 8 2,000.000
GENL AGGREGATE LIMIT APPLIES PER: T - MP/ PA S 2,000,000
POLICY X PR0 L
AUT OMOBILE LIABILITY COMBINED SINGLE LIMB
S 1,000,000
X ANYAUTO (Ea aaitlenp
B ALL OWNED AUTOS CNP264100421 10/1/2007 10/1/2008 gO01LY INJURY
SCHEDULED AUTOS (Por person) S
HIRED AUTOS BODILY INJURY
E
NON-OWNED AUTOS (PefattideM)
PROPERTY DAMAGE
E
(PalattiEenB
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN
AUTO ONLY: AGG S
E%CESSNMBRELLA LIABILITY ~ ~ R E 5,000,000
OCCUR CLAIMS MADE A ELATE 5,000,000
E
C OEOUCTIBLE AUC5088801703 10/1/2007 10/1/2008 E
X I 0
D WORKERS COMPENSATION AND
' X STAT - OTH-
EMPLOYERS
LIABILITY
ANY PROPRIETORIPARTNER@XECUTIVE
E.L.EACM ACCIDENT
E 1, GOO, BBB
OFFICER/MEMBER EXCLVDE07 4036235 18/1/28 B7 10/1/2808
E.L DI EA E-EA EM O E
8 1, BBB, 000
Il yea, tlescNte antler
PE IA PR VII D E.L.OISEASE-POLICY LIMIT 8 1, 000, 880
$ OTHER profe8a10na1 576fi179 10/1/2007 10/1/2808 each Claims 81,000,000
Liability Aggregate 82,000,000
DESCRIPTION OF OPERARONSAOCATIONSAR:HICLESIE%C ELISIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Rai TraEEic Study a Trenaportetion Plan of Park Ave.
City of Aspen and the City~e OfEicere and Bmployaaa are Additional Insureds with ra9arda to G¢neral Liability Eor wor
perlormad per AP2009VS-0705 an a primary and non-contributory basis when required by writtsa corttrnct. In the
av¢nc of c:anceiracio,. for ucn-payanent. oc premium, a iU-Bay nonce of cancelletron wail apply.
--City of Aspen
130 Galena St.
Aspen, CO 61611
ACORD 25 (2007/OB)
I uenoc •~•~e„a_
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
E%PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORIlED REPRESENTATIVE
Erin Threlkeld/ERITHR
®ACORD CORPORATION 7988
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AS REQUIRED BY
WRITTEN CONTRACT
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS
SECTION II -Who Is An Insured is amended to Include any person or organization you are
required to include as an additional insured on this policy by written contract or written agreement
in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or
"property damage."
Tha insurance provided to the Additional Insured under this endorsement is limited as follows:
1. The person or organization is only an additional insured with respect to liability arising
solely out of "your work" or "ycur product" which is imputed to the Additional Insured.
2. In the event that the Limits of Insurance provided by this policy exceed the Limits of
Insurance required by the written contract or written agreement, the insurance provided by
this endorsement shall be limited to the Limits of Insurance required by the written contract
or written agreement. This endorsement shall not increase the Limits of Insurance stated in
the Declarations.
3. This insurance does not apply to "bodily injury" or "properly damage" arising out of "your
work" or "your product" included in the "products -completed operations hazard" unless
you are required to provide such coverage by written contract or written agreement but only
for the period of time required by the written contract or written agreement and only for
"bodily injury" or "property damage" that occurs during the policy period arising out of "your
work" or "your product".
4. Any coverage provided by this endorsement to an Additional Insured shall be excess over
any other valid and collectible insurance available to the Additional Insured whether
primary, excess, contingent or on any other basis unless a written contract or written
agreement specifically requires that this insurance apply on a primary and noncontributory
basis.
5. Where no coverage shall apply herein for the Named Insured, no coverage or defense shall
be afforded to the Additional Insured.
6. This insurance does not apply to "bodily injury" or "property damage" arising out of the sole
negligence of the Additional Insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
AP2009US 02-06 Page 1 of 1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108) Haas 2 a2
INS025 tmoefoaa
vn c.
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director ~~
FROM: Amy Guthrie, Historic Preservation Officer ~`~'~
RE: Colorado House Bill 90-1033, Concerning the Decision to Act as a
Reviewing Entity for the State Income Tax Credit Program for Historic
Rehabilitation Projects, Resolution #L5s Series of 2007
DATE: December 10, 2007
SUMMARY: Every year, Council must pass a resolution stating whether the City will
or will not act as a reviewing entity for the "State Income Tax Credit Program for
Historic Rehabilitation Projects." The City has been involved in this program, which
provides a 20% dollar-for-dollar reduction in State income tax debt for eligible projects,
for over 15 years. Work that qualifies for tax credits includes exterior and interior
improvements, such as roofing, repair of woodwork, painting, new plumbing and wiring
on a property that is designated a local landmark, or which is listed on the State or
National Registers of Historic Places.
This program provides a valuable benefit for historic preservation at no direct cost to the
City. The State has established a fee that all applicants must pay for the review and
certification of their application, ranging from $250-$750, depending on the overall cost
of the project. The City retains this money, which is to be used to reimburse staff time
processing the review, and for special projects or events for the community that are
specifically related to historic preservation.
On average, the City usually reviews a couple of tax credit applications each year. No
applications have been submitted in 2007.
RECOMMENDATION: Staff recommends that Council adopt Resolution No.l05,
Series of 2007.
RECOMMENDED MOTION: "I move to approve Resolution No. ~~5, Series of 2007,
declaring the City of Aspen a reviewing entity for the "State Income Tax Credit Program
for Historic Rehabilitation Projects" in 2008.
CITY MANAGER'S COMMENTS:
A RESOLUTION OF THE ASPEN CITY COUNCIL AGREEING TO ACT AS A
REVIEWING ENTITY FOR THE STATE INCOME TAX CREDIT PROGRAM
FOR QUALIFYING REHABILITATION PROJECTS UNDER COLORADO
HOUSE BILL 90-1033 (C.R.S. § 39-22-514, AS AMENDED)
Resolution No.~, Series of 2007
WHEREAS, the Aspen Historic Preservation Commission and the Aspen City Council
support the creation of incentives to assist in the preservation and protection of
historically significant resources; and
WHEREAS, Colorado House Bill 90-1033 (C.R.S. § 39-22-514, as amended) was
signed unto law April 20,1990, establishing tax credits for historic structures throughout
the state; and
WHEREAS, the City of Aspen, as a Certified Local Government, pursuant to the
provisions of 16 U.S.C. § 470 (a) (C) (1), as amended, is eligible to review such
rehabilitation tax credit projects as a reviewing entity as defined by C.R.S. § 39-22-514
(12) (1); and
WHEREAS, the provisions of C.R.S § 39-22-514(10)(a) require that each Certified
Local Government adopt annually a resolution stating whether such Certified Local
Government will act as a reviewing entity during the following twelve (12) months; and
WHEREAS, the Aspen Historic Preservation Commission, as the City of Aspen's
official review board for historic resources, endorses rehabilitation project reviews at the
local level, which provides an increased level of preservation service to our community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
The City of Aspen, through the Aspen Historic Preservation Commission, hereby agrees
to act as a reviewing entity for the purposes of subsections (3) and (6) of C.R.S. § 39-22-
514 for calendar year 2008. The City will maintain the "preservation fund" as required
by C.R.S. § 39-22-514 (11) (a), for use in administering the program and to provide
information and education to the community within the context of historic preservation.
APPROVED by the City Council at its regular meeting on December 10, 2007.
Approved as to form:
John Worcester, City Attorney
Attest: Mayor:
Kathryn Koch, City Clerk
Michael C. Ireland, Mayor
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
DATE OF MEETING
RE:
Mayor and City Council
Jerry Nye, Superintendent of Streets
Randy Ready, Assistant City Manager
November 9, 2007
December 10, 2007
Vlld
Approval of CDOT Grant and Flush Truck Expenditures
SUMMARY
This memo requests that Council approve the attached resolution accepting Congestion
Management and Air Quality (CMAQ) Grant AQC M045-007 from the State of Colorado in the
amount of $116,035.00 for the purchase of a flush truck. Staff also requests authorization to
approve the use of Streets Departmental savings to fund the required matching portion of this
grant, $24,120.00 as well as additional funds needed to complete the equipment purchase (see
Financial Implications below).
PREVIOUS COUNCIL ACTION
In September of 2007, Council approved a diesel retrofit project that uses a portion of 2007
funding. In previous years, Council has approved CMAQ funds for the purchase of a street
sweeper as well as for Truscott pedestrian improvements and to offset part of the cost of the
Cemetery Lane trail.
DISCUSSION
Congestion Mitigation and Air Quality grants have been awarded to the City of Aspen every
other year since 2000 for the purpose of implementing projects or procuring equipment that
mitigates PM-10 pollution in the upper valley. Because PM-10 generated from airborne particles
of disintegrated street sanding material is one of the main sources of particulate matter in Aspen,
use of CMAQ funds for a new flush truck has been approved by the Colorado Department of
Transportation. This procurement would increase the City's flush truck fleet from one to two
vehicles. City Council approval of this item will authorize acceptance of this CMAQ grant;
allow the Streets Department to access its departmental savings for the matching portion of this
grant; and permit the Streets Department to begin the bid process for the new flush truck.
Use of the Congestion Mitigation Air Quality grant funds to purchase a new flush truck will
increase the Street Department's ability to reduce PM-10 by flushing the sanding materials and
fine particulates that are in bedded in the pores of the asphalt from the middle and driving lanes
of the streets to the side where a sweeper will then pick them up. This will allow the Department
to flush and sweep more street area each day and reduce the length of time that PM-10 particles
are airborne. The flush trucks will also help the City to meet its storm water mission by
increasing the Department's efficiency when cleaning storm water vaults and catch basins.
FINANCIAL IMPLICATIONS
The CMAQ funded portion of this project totals $116,035.00. Matching funds of at least
$24,120.00 must be committed by the City. Staff plans to cover the required match as well as
any additional equipment cost via Departmental savings. Because CDOT will not allow the City
of Aspen to proceed with its bidding process until signed contracts are in place, staff is unable to
provide Council with the exact cost of a new flush truck. However, research indicates that
approximately $45,000 in Departmental savings will need to be tapped for this project (including
the required match).
No additional capital appropriation is being requested at this time. However, approval of this
contract will add an additional piece of equipment to the City's fleet replacement schedule every
ten years (beginning in 2017 or 2018). The net replacement cost after trade-in is estimated to be
$175,000. The additional annual operating expenses for the new sweeper, including preventative
maintenance and additional fuel costs are estimated at $4,328.00 per year. If City Council
approves the procurement of this additional piece of equipment, an ongoing supplemental budget
request for that amount will be submitted beginning in 2008 in order to support the improved
level of street sweeping service.
2
ENVIRONMENTAL IMPLICATIONS
In the 1980's, the City of Aspen was designated a PM-10 (particulate pollution sized 10 microns
or less) non-attainment area by the U.S. Environmental Protection Agency. A number of
mitigation measures including free transit, paid parking and an anti-idling ordinance helped
Aspen receive a PM-10 maintenance designation in 2003. However, Aspen continues to be
challenged in maintaining and meeting future air quality standards. As discussed above, airborne
particles of street sanding material are one of the main sources of particulate matter in Aspen and
the addition of a flush truck to the fleet will allow for more its more efficient removal from City
streets. At the same time, this increase in street cleaning will require the use of additional fuel
and water.
RECOMMENDATION
Staff recommends approval of contract AQC M045-007 accepting CMAQ grant funding in the
amount of $116,035.00. In addition, staff requests authorization to proceed with a flush truck bid
and to expend an estimated $45,000.00 in departmental savings to fund the required grant match
and the remaining flush truck cost.
ALTERNATIVES
Council could approve the acceptance of CMAQ funds and authorize staff to proceed with a bid
process only. Staff could then return to Council at a later date to further discuss the selected
flush truck and associated costs.
PROPOSED MOTION
"I move to approve Resolution # ~O~ of 2007 on the consent calendar of
December 10, 2007.
CITY MANAGER COMMENTS:
RESOLUTION NO. ~((/
Series of 2007
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION, TO ACCEPT A CONGESTION MITIGATION AIR
QUALITY GRANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, the City of Aspen seeks to improve air quality by reducing PM-10 pollution;
and
WHEREAS a contract between the City of Aspen, Colorado and the State of Colorado, a
copy of which contract is annexed hereto and made a part thereof; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves this CONTRACT between the
City of Aspen, Colorado, and the State of Colorado Department of Transportation, a copy of which
are 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.
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
1
(FMLAWRK)
PROJECT AQC M045-007, (16291)
REGION 3 (daw)
CONTRACT
THIS CONTRACT made this day of
Rev 09/03
08 HA3 00008
271000583
2007, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafterrefened
to as the State, and the CITY OF ASPEN , 130 South Galena, Aspen, Colorado, 81611,
CDOT Vendor #: 2000009, hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function 3404, GL Acct. 4231200011,
WBS Element 16291.10.50. Contract Encumbrance Amount: $140,155.00.
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Pursuant to Title I, Subtitle A, Section 1108 ofthe "Transportation Equity Act for the 21s` Centur}~'
of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users" (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United
States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be
amended, (collectively referred to hereinafter as the "Federal Provisions"), certain federal funds have
been and will in the future be allocated for transportation projects requested by Local Agencies and
eligible under the Surface Transportation Improvement Program that has been proposed by the State
and approved by the Federal Highway Administration ("FHWA"), hereinafter referred to as the
"Program "
4. Pursuant to § 43-1-223, C.R.S. and to applicable portions of the Federal Provisions, the State is
responsible for the general administration and supervision of performance of projects in the Program,
including the administration of federal funds for a Program project performed by a Local Agency under
a contract with the State.
5. The Local Agency has requested that a certain local transportation project be funded as part of the
Program, and by the date of execution of this contract, the Local Agency and/or the State has completed
and submitted a preliminary version of CDOT form #463 describing the general nature of the Work.
The Local Agency understands that, before the Work begins, form #463 may be revised as a result of
design changes made by CDOT, in coordination with the Local Agency, in its internal review process.
The Local Agency desires to perform the Work described in form #463, as it may be revised.
Page 1 of 17
6. Federal-aid funds have been made available for project AQC M045-007 (16291), which shall
consist of the Purchase ofone (1) Flush Truck, referred to as the "Project" or the "Work." Such Work
will be performed in City of Aspen, Colorado, specifically described in Exhibit A.
7. The matching ratio for this federal aid project is 82.79% federal-aid funds to 17.21 % Local Agency
funds, it being understood that such ratio applies only to such costs as are eligible for federal
participation, it being fiuther understood that all non-participating costs shall be borne by the Local
Agency at 100%.
8. The Local Agency desires to comply with the Federal Provisions and other applicable requirements,
including the State's general administration and supervision of the Project through this contract, in
order to obtain federal funds.
9. The Local Agency has estimated the total cost of the W ork and is prepazed to provide its match shaze
of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which expressly
authorizes the Local Agency the authority to enter into this contract and to expend its match share of the
Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B.
10. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
11. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the Work.
12. The Local Agency can more advantageously perform the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist ofthe Purchase of one (1) Flush Truck,
for the City of Aspen, Colorado, as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inwnsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in section 29 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Exhibit C (Funding Provisions)
5. Exhibit D (Certification for Federal-Aid Contracts)
6. Exhibit E (DBE Requirements)
7. Exhibit F (Contract Modification Tools)
8. Other Exhibits in descending order of their attachment.
Page 2 of 17
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the
date made, whichever is later. The term of this contract shall continue through the completion and
final acceptance of the Project by the State, FHWA and the Local Agency.
Section 4. Project Funding Provisions
The Local Agency has estimated the total cost of the Work and is prepared to provide its match
shaze of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which
expressly authorizes the Local Agency the authority to enter into this contract and to expend its match
shaze of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B.
The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency
shall provide its share of the funds for the Project as outlined in Exhibit C.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for the federal-aid share of the project charges
after the State's review and approval of such charges, subject to the terms and conditions of this
contract. However, any chazges incurred by the Local Agency prior to the date of FHWA
authorization for the Project and prior to the date this contract is executed by the State Controller or
his designee will not be reimbursed absent specific FHWA and State Controller approval thereof.
B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work, not exceeding the maximum total amount described in Exhibit C. The
applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the
allowability and allocability of costs under this contract. The Local Agency shall comply with all
such principles. To be eligible for reimbursement, costs by the Local Agency shall be:
1. In accordance with the provisions of Exhibit C and with the terms and conditions of
this contract;
2. Necessary for the accomplishment of the Work;
3. reasonable in the amount for the goods and services provided;
4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or
other items of value received by the Local Agency that have the effect of reducing the
cost actually incurred);
5. Incur•ed for Work performed after the effective date of this contract;
6. Satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards (a sepazate set of accounts, or as a separate and integral
part of its current accounting scheme) to assure that project funds aze expended and costs accounted
for in a manner consistent with this contract and project objectives.
Page 3 of 17
1
1. All allowable costs chazged to the project, including any approved services
contributed by the Local Agency or others, shall be supported by properly executed
payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature
of the charges.
2. Any check or order drawn up by the Loca] Agency, including any item which is or
will be chargeable against the project account shall be drawn up only in accordance
with a properly signed voucher then on file in the office of the Local Agency, which
will detail the purpose for which said check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders or other accounting documents shall be clearly
identified, readily accessible, and to the extent feasible, kept sepazate and apart from
all other such documents.
D. Upon execution of this contract, the State is authorized, in its discretion, to perform any
necessary administrative support services pursuant to this contract. These services may be performed
prior to and in preparation for any conditions or requirements of this contract, including prior FHWA
approval of Work. The Local Agency understands and agrees that the State may perform such
services, and that payments for such services shall be at no cost to the State but shall be as provided
for in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance
pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds
remain available for payment, the Local Agency understands and agrees the costs of any such
services and assistance shall be paid to the State from project funds at the applicable rate. However,
in the event that such funding is not made available or is withdrawn for this contract, or if the Local
Agency terminates this contract prior to project approval or completion for any reason, then all actual
incurred costs of such services and assistance provided by the State shall be the sole expense of the
Local Agency.
E. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the
amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as maybe agreed between the parties hereto, the Local Agency agrees
that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund
and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner, until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
Page 4 of 17
l
F. The Local Agency will prepare and submit to the State, no more than monthly, chazges for
costs incurred relative to the project. The Local Agency's invoices shall include a description of the
amounts of services performed, the dates of performance and the amounts and description of
reimbursable expenses. The invoices will be prepazed in accordance with the State's standard
policies, procedures and standazdized billing format to be supplied by the State.
G. To be eligible for payment, billings must be received within 60 days after the period for
which payment is being requested and final billings on this contract must be received by the State
within 60 days after the end of the contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds, encumbered for the purchase ofthe described services. The liability
of the State, at any time, for such payments shall be limited to the amount remaining
of such encumbered funds.
2. In the event this contract is terminated, final payment to the Local Agency maybe
withheld at the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation
shall be recovered from the Local Agency by deduction from subsequent payment
under this contract or other contracts between the State and Local Agency, or by the
State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18
shall be reimbursed by the Local Agency, or offset against current obligations due by
the State to the Local Agency, at the State's election.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit G describes the Work to be
performed and assigns responsibility of that Work to either the Local Agency or the State. The
"Responsible Party" referred to in this contract means the Responsible Party as identified in the
Local Agency Contract Administration Checklist in Exhibit G.
A. Design [if applicable]
1. If the Work includes preliminary design or final design (the "Construction Plans"), or
design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the
responsible party shall comply with the following requirements, as applicable:
a. Perform or provide the Plans, to the extent required by the nature of the
Work.
b. Prepare final design (Construction Plans) in accord with the requirements of
the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
Page 5 of 17
c. Prepaze special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by CDOT.
d. Include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. Stamp the Plans produced by a Colorado Registered Professional Engineer.
f. Provide final assembly of Plans and contract documents.
g. Be responsible for the Plans being accurate and complete.
h. Make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall
be considered final when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein.
2. If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans
With Disabilities Act (ADA), and applicable federal regulations and
standards as contained in the document "ADA Accessibility Requirements
in CDOT Transportation Projects".
b. It shall afford the State ample opportunity to review the Plans and make
any changes in the Plans that are directed by the State to comply with
FHWA requirements.
c. It may enter into a contract with a consultant to do all or any portion of the
Plans and/or of construction administration. Provided, however, that if
federal-aid funds aze involved in the cost of such work to be done by a
consultant, that consultant contract (and the performance/provision of the
Plans under the contract) must comply with all applicable requirements of
23 CFR Part 172 and with any procedures implementing those
requirements as provided by the State, including those in Exhibit H
attached hereto. If the Local Agency does enter into a contract with a
consultant for the Work:
(1) It shall submit a certification that procurement of any design
consultant contract complied with the requirements of 23 CFR 172.5(d) prior
to entering into contract. The State shall either approve or deny such
procurement. If denied, the Local Agency may not enter into the contract.
(2) It shall ensure that all changes in the consultant contract have prior
approval by the State and FHWA. Such changes in the contract shall be by
written supplement agreement. As soon as the contract with the consultant
has been awazded by the Local Agency, one copy of the executed contract shall be
submitted to the State. Any amendments to such contract shall also be submitted.
(3) It shall require that all consultant billings under that contract shall
comply with the State's standardized billing format. Examples of the billing
formats aze available from the CDOT Agreements Office.
Page 6 of 17
(4) It (or its consultant) shall use the CDOT procedures described in
Exhibit H to administer that design consultant subcontract, to comply with 23
CFR 172.5(b) and (d).
(5) It may expedite any CDOT approval ofits procurement process and/or
consultant contract by submitting a letter to CDOT from the certifying Local
Agency's attorney/authorized representative certifying compliance with
Exhibit H and 23 CFR 172.5(b)and (d).
(6) It shall ensure that its consultant contract complies with the
requirements of 49 CFR 18.36(1) and contains the following language
verbatim:
(a) "The design work under this contract shall be compatible with
the requirements of the contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third
party beneficiary of this contract for that purpose."
(b) "Upon advertisement of the project work for construction, the
consultant shall make available services as requested by the State to
assist the State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project."
(c) "The consultant shall review the construction contractor's
shop drawings for conformance with the contract documents and
compliance with the provisions of the State's publication, Standard
Snecifications for Road and Bridge Construction, in connection with
this work."
d. The State, in its discretion, will review construction plans, special provisions
and estimates and will cause the Local Agency to make changes therein that
the State determines are necessary to assure compliance with State and
FHWA requirements.
B. Construction [if applicable]
If the Work includes construction, the responsible party shall perform the
construction in accordance with the approved design plans and/or administer the
construction all in accord with the Local Agency Contract Administration Checklist.
Such administration shall include project inspection and testing; approving sources of
materials; performing required plant and shop inspections; documentation of contract
payments, testing and inspection activities; preparing and approving pay estimates;
preparing, approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and
meeting the Quality Control requirements of the FHWA/CDOT Stewazdship
Agreement, as described in the Local Agency Contract Administration Checklist.
Page 7 of 17
2. The State shall have the authority to suspend the Work, wholly or in part, by giving
written notice thereof to the Local Agency, due to the failure of the Local Agency or
its contractor to correct project conditions which aze unsafe for workers or for such
periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work, or for any other condition or
reason deemed by the State to be in the public interest.
3. If the Local Agency is the responsible party
a. It shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the Local Agency Project Engineer (CAPE), to perform that
administration. The CAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. If bids aze to be let for the construction of the project, it shall advertise the
call for bids upon approval by the State and award the construction
contract(s) to the low responsible bidder(s) upon approval by the State.
(1) In advertising and awarding the bid for the construction of afederal-
aid project, the Local Agency shall comply with applicable
requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without
limitation, that the Local Agency/contractor shall incorporate Form
1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for
those services as terms and conditions therefore, as required by 23
CFR 633.102(e).
(2) The Local Agency has the option to accept or reject the proposal of
the appazent low bidder for work on which competitive bids have
been received. The Local Agency must declare the acceptance or
rejection within 3 working days after said bids are publicly opened.
(3) By indicating its concurrence in such awazd, the Local Agency, acting
by or through its duly authorized representatives, agrees to provide
additional funds, subject to their availability and appropriation for
that purpose, if required to complete the Work under this project ifno
additional federal-aid funds will be made available for the project.
This pazagraph also applies to projects advertised and awazded by the
State.
c. If all or part of the construction work is to be accomplished by Local Agency
personnel (i.e. by force account), rather than by a competitive bidding process,
the Local Agency will ensure that all such force account work is accomplished in
accordance with the pertinent State specifications and requirements with 23 CFR
635, Subpart B, Force Account Construction.
Page8of17
(1) Such work will normally be based upon estimated quantities and firm
unit prices agreed to between the Local Agency, the State and FHWA
in advance of the Work, as provided for in 23 CFR 635.204(c). Such
agreed unit prices shall constitute a commitment as to the value ofthe
Work to be performed.
(2) An alternative to the above is that the Local Agency may agree to
participate in the Work based on actual costs of labor, equipment
rental, materials supplies and supervision necessary to complete the
Work. Where actual costs are used, eligibility of cost items shall be
evaluated for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in
accordance with the State's Standard Specifications for Road and
Bride Construction § 109.04.
(4) All force account work shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written
notice to proceed.
D. State's obligations
The State will perform a final project inspection prior to project acceptance as a
Quality Control/Assurance activity. When all Work has been satisfactorily
completed, the State will sign the FHWA Form 1212.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State
will not be liable or responsible in any manner for the structural design, details or
construction of any major structures that are designed by or are the responsibility of
the Local Agency as identified in the Local Agency Contract Administration
Checklist, Exhibit G, within the Work of this contract.
Section 7. ROW Acquisition and Relocation
If applicable, prior to this project being advertised for bids, the Responsible Party will certify
in writing to the State that all right of way has been acquired in accordance with the applicable State
and federal regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes,
regulations, CDOT policies and procedures, 49 CFR Part 24, the govemment wide Uniform Act
regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual.
Allocation of Responsibilities can be as follows:
Federal participation in right of way acquisition (3111 chazges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right of way - 3114 charges);
Federal participation in right of way acquisition (3111 chazges), relocation (3109
charges) but no participation in incidental expenses (3114 charges); or
Page 9 of 17
• No federal participation in right of way acquisition (3111 charges) and relocation
activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local
Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of
Way Operation Manual. The manual is located at httn://www.dot.state.co.us/ROW Manual/.
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certify in writing to the State that all such
clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the
Work is to be accomplished by railroad company forces, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of
the proposed improvements and not proceed with that part of the Work without compliance. The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects
involving railroad facilities, including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 10. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements ofthe current
federal and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable.
Page 10 of 17
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this
contract at its own cost and expense during their useful life, in a manner satisfactory to the State and
FHWA. The Local Agency will make proper provisions for such maintenance obligations each year.
Such maintenance and operations shall be conducted in accordance with all applicable statutes,
ordinances and regulations which define the Local Agency's obligations to maintain such
improvements. The State and FHWA will make periodic inspections of the project to verify that
such improvements are being adequately maintained.
Section 12. Federal Requirements
The Local Agency and/or their contractor shall at all times during the execution of this
contract strictly adhere to, and comply with, all applicable federal and state laws, and their
implementing regulations, as they currently exist and may hereafter be amended. The contractor
shall also require compliance with these statutes and regulations in subgrant agreements permitted
under this contract. A listing of certain federal and state laws that may be applicable are described in
Exhibit J.
Section 13. Record Keeping
The Local Agency shall maintain a complete file ofall records, documents, communications,
and other written materials which pertain to the costs incurred under this contract. The Local
Agency shall maintain such records for a period of three (3) years after the date of termination ofthis
contract or final payment hereunder, whichever is later, or for such further period as may be
necessary to resolve any matters which may be pending. The Local Agency shall make such
materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the project and to inspect, review and audit the project
records.
Section 14. Termination Provisions
This contract maybe terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely
and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate.
Page 11 of 17
In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs and reports or other material prepared by the Local Agency under this
contract shall, at the option of the State, become its property, and the Local Agency shall be entitled
to receive just and equitable compensation for any services and supplies delivered and accepted. The
Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default
or that the Local Agency's action inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein.
C. Termination Due to Loss of Fundins. The parties hereto expressly recognize that the Local
Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which
are available to the State for the purposes of contracting for the Project provided for herein, and
therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims
to compensation arising under this contract are contingent upon availability of such funds to the
State. In the event that such funds or any part thereof are not available to the State, the State may
immediately terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 16. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 3,
222 South Sixth Street, Room 317, Grand Junction, Colorado, 81501-2769. Said Region Director
will also be responsible for coordinating the State's activities under this contract and will also issue a
"Notice to Proceed" to the Local Agency for commencement of the Work. All communications
relating to the day-to-day activities for the work shall be exchanged between representatives of the
State's Transportation Region 3 and the Local Agency. All communication, notices, and
correspondence shall be addressed to the individuals identified below. Either party may from time to
time designate in writing new or substitute representatives.
Page 12 of 17
If to State:
Pete Mertes
CDOT Region 3
Resident Engineer
202 Centennial
Glenwood Springs, CO 81601
(970)945-8187
Section 17. Successors
If to the Local Agency:
Lynn Rumbaugh
City of Aspen
Transportation Programs Manager
130 South Galena
Aspen, CO 81611
(970)920-5038
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 18. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions ofthe Colorado Govemmental Immunity
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boazds, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 20. Severability
To the extent that this contract maybe executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract aze severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 21. Waiver
The waiver of any breach of a teen, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Page 13 of 17
Section 22. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved pursuant to the State Fiscal Rules.
Section 23. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as maybe required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law.
Section 25. Funding Letters
The State may allocate more or less funds available on this contract using a Funding Letter
substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee.
The funding letter shall not be deemed valid until it shall have been approved by the State Controller
or his designee.
Section 26. Disadvantaged Business Enterprise (DBE)
The Local Agency will comply with all requirements of Exhibit E and the Local Agency
Contract Administration Checklist regarding DBE requirements for the Work, except that if the
Local Agency desires to use its own DBE program to implement and administer the DBE provisions
of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the
State for review and approval before the execution of this contract. If the Local Agency uses its
program for this contract, the Local Agency shall be solely responsible to defend that DBE program
and its use of that program against all legal and other challenges or complaints, at its sole cost and
expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility
requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts.
State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole
responsibility of the Local Agency for its use as described above.
Page 14 of 17
Section 27. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement, will be decided by the Chief
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date ofreceipt ofa copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's
decision. The decision of the Executive Director or his duly authorized representative for the
determination of such appeals will be final and conclusive and serve as final agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 28. Single Audit Act Amendment
All state and local government and non-profit organization Sub-Grantees receiving more than
$500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act
Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits of
States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26. The
Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as
follows:
a) Ifthe Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal Highway
funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be
performed. This audit will examine the "financial" procedures and processes for this program area.
b) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire
organization entity.
c) Single Audit can only be conducted by an independent CPA, not by an auditor on staff.
d) An audit is an allowable direct or indirect cost.
Page 15 of 17
Secflon 29. ~ SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the
Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and
all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of
any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
[Applicab/e On/y to Intergovernmenta/ Contracts] No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental
Immunity Act, CRS 24-SO-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and
not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or
employee of the state. Contractor shall pay when due all required employment [axes and income taxes and local head taxes on any
monies paid by the state pursuant [o this contract. Contractor acknowledges that contractor and its employees are not entitled to
unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or
otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and
provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by
law and shall be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws
respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of [his contract. Any provision of this contract, whether or not incorporated herein by
reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conFlict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to
negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by
way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the
remainder of this contract, to the extent that this contract is capable of execution. At all times during the pertormance of this
contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may
hereafter be established.
7. [Not Applicab/e to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24-30-202.4. The State
Controller may withhold payment of certain debts owed to State agencies under [he vendor offset intercept system for: (a) unpaid
child support debt or child support arrea rages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article Zl,
Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final
agency determination or reduced to judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under
this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in
place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in
violation of this paragraph, the State may exercise any remedy available a[ law or equity or under this contract, including, without
limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-SO-507. The signatories aver that to their knowledge, no
employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. [Not App/icab/e to Intergovernmenta/ Contracts]. ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the
provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract or enter into a contract with a subcontractor that fails [o certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to oertorm work under this contract. Contractor represents, warrants, and agrees that it (i) has verified that it
does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social
Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-
102(2)(b). Contractor shall comply with all reasonable requests made in [he course of an investigation under CRS 8-17.5-102 by the
Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 e[ seq., shall
be cause for termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or
she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of
CRS 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 priorto the effective date
of this contract.
Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006
Page 16 of 17
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL RITTER, JR. GOVERNOR
Citv of Asuen By
Legal Name of Contracting Entity Executive Director
Department of Transportation
2000009
CDOT Vendor Number
Signature of Authorized Officer
LEGAL REVIEW:
JOHN W.SUTHERS
ATTORNEY GENERAL
By
Print Name 8 Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By
(Corporate Secretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, it available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,
or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the conVact is
signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for
the goods andlor services provided.
STATE CONTROLLER:
LESLIE M. SHENEFELT
Date
Page 17 of 17
EXHIB1T~Ci F>13~11)I~1t(a;PROVISYONS ~. .
A. The Local Agency has estimated the total cost the Work to be $140,155.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. Federal Funds $116,035.00
(82.79% of Participating Costs)
b. Local Agency Matching Funds $24,120.00
(17.21 % of Participating Costs)
Local Agency Matching for CDOT -
c. Incurred Non-Participating Costs $0.00
(Including Non-Participating Indirects)
OTAL BUDGETED FUNDS $140,155.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(82.79% of Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (Including Non-
participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $116,035.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $116,035.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount
($116,035divided by 82.79%) $140,155.00
Less ROW Acquisition 3111 and/or
ROW Relocation 3109 $o.oo
Net to be encumbered as follows: $o.oo
WBS Element 16291.10.50 Misc. 3301 $1ao,155.00
Exhibit C -Page 1 of 2
B. The matching ratio for the federal participating funds for this project is 82.79% federal-aid
funds (CFDA #20 2050) to 17.21 % Local Agency funds, it being understood that such ratio
applies only to the $140,155.00 that is eligible for federal participation, it being further
understood that all non-participating costs are borne by the Local Agency at 100%. If the
total participating cost of performance of the Work exceeds $140,155.00, and additional
federal funds are made available for the project, the Local Agency shall pay 17.21 % of all
such costs eligible for federal participation and 100% of all non-participating costs; if
additional federal funds are not made available, the local agency shall pay all such excess
costs. If the total participating cost of performance of the Work is less than $140,155.00,
then the amounts of Local Agency and federal-aid funds will be decreased in accordance with
the funding ratio described herein. The performance of the Work shall be at no cost to the
State.
C. The maximum amount payable to the Local Agency under this contract shall be $140,155.00
(For CDOT accounting purposes, the federal funds of $116,035 and local matching funds of
$24,120.00 will be encumbered for a total encumbrance of $140,1555.00), unless such
amount is increased by an appropriate written modification to this contract executed before
any increased cost is incurred. It is understood and agreed by the parties hereto that the total
cost of the Work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid
and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency sources,
as applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract maybe terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur
as a result of such termination.
Exhibit C -Page 2 of 2
m vn e,
THE CITY OF ASPEN
Memorandum
To: Aspen City Council
Thru: Steve Barwick, City Manager
Paul Menter, Director of Finance and Administrative
From: Scott Newman, CFA, Senior Financial Analyst -Debt & Investment Management
Date: November 27, 2007
Att: Master Reimbursement Resolution for Certain Capital Expenditures in Connection with
the acquisition of Real Property for Municipal and/or Affordable Housing Purposes
Re: Master Reimbursement Resolution for Certain Capital Expenditures in Connection with
the acquisition of Real Property for Municipal and/or Affordable Housing Purposes,
Council Meeting December 10, 2007
Summary: Attached please fmd a copy of the resolution for Council review on December 10,
2007. The primary purpose of the master reimbursement resolution is to declaze the official
intent of the City to reimburse itself for capital expenditures associated with the acquisition
of real property from proceeds of a future taxable ortax-exempt borrowing.
Specifically, this resolution gives the City the option of reimbursing itself for property
acquisitions up to $5 million, should the Council determine that such financing is in the
interests of the City. This resolution complements a similar approve made by Council in
May of 2007, which provided for reimbursement of up to $30 million in acquisitions. In
combination, these resolutions provide $35 million in reimbursement authority to the City of
Aspen. And cover all purchases to date as well as 100% of the pending BMC West parcel
acquisition.
This resolution does not require any future financing action.
Finance Staff recommends approval of this resolution.
Previous Council Action: Council approved Resolution No. 37, Series 2007, a Master
Reimbursement Resolution for Certain Capital Expenditures in Connection with the acquisition
of Real Property for Municipal and/or Affordable Housing Purposes, May 15, 2007.
December 3, 2007
Background: Pursuant to section 23.48.070 of the the City of Aspen Municipal Code a real
estate transfer tax of one (1) percent of the consideration paid in return for the transfer of
ownership or title shall be imposed on every document in writing, whereby title to real
property situated in the City of Aspen is transferred, which tax shall be measured by the
consideration paid or to be paid for such grant or conveyance and shall be due and payable
by the grantee at the time of transfer contemporaneously therewith. The document shall not
be recorded whereby or wherein title to real property situated in the City of Aspen is
transferred until the real estate transfer tax has been paid or exempted.
All funds received by the City of Aspen pursuant to this section 23.48.070 shall be deposited
in a separate fund. The funds shall be subject to appropriation by City Council of the City of
Aspen, or its designee, only for the purpose of acquiring vacant land, acquiring buildings for
the purpose of employee housing, for the construction, reconstruction, of employee housing,
maintenance of employee housing buildings and property, for the operation of
employee/community housing projects, for the payment of principal and interest on the
bonds issued for such purposes and incidental costs of issuing the bonds and the funding of
any reserve therefore, and for repayment to the Land Fund for open space acquisitions
converted to employee housing purposes and for payment of all costs, including, without
limitation, legal fees associated therewith.
The City Council, pursuant to ordinance, and without an election, may borrow money, issue
bonds, or otherwise extend the credit of the city for the acquisition of vacant land, acquisition
of existing buildings for employee housing, construction and reconstruction of employee
housing, maintenance of employee housing repayment to the Land Fund for open space
acquisitions converted to employee housing purposes, and operation of employee housing
projects, providing that such bonds or other community obligations shall be made payable
from the funds derived from this section.
The net revenues derived from the 1.0% Real Estate Transfer Tax, less costs of collection,
constitute the Pledged Revenue.
The provisions of this section 23.48.070 of became effective upon the last day of April, 1990
and shall continue effective insofar as the levy of the real estate transfer tax is concerned
through December 31, 2024.
DISCUSSION: Council approved Resolution No. 37, Series 2007, a Master Reimbursement
Resolution for Certain Capital Expenditures in Connection with the acquisition of Real Property
for Municipal and/or Affordable Housing Purposes, May 15, 2007. This gave the option of
reimbursing itself for property acquisitions up to $30 million. Subsequently, the City has
made two acquisitions totaling $9,085,856.39 and closing is pending on two additional
acquisitions totaling approximately $23 million. The overage represents an amount that will
not be able to be repaid to the housing fund from any future taxable or tax-exempt debt
issuance.
2
December 3, 2007
Approval of the resolution does not commit the City to any future course of action, but only
permits it to reimburse itself, for potential purchases and/or associated expenses from any
future tax-exempt or taxable debt issuance.
FINANCIALBUDGET IMPACTS: There are potential financial impacts to the Housing
Development (150) fund. Any purchases would be funded from the Housing Development
Fund. Approval of the reimbursement resolution would permit the City to reimburse the
Housing Development Fund for any expenditure associated with the purchase of real
property for Affordable Housing purposes and allow the Fund to maintain cash balances.
ENVIRONMENTAL IMPACTS: None.
RECOMMENDED ACTION: Finance Staff requests the approval of the Reimbursement
Resolution.
3
PROPOSED MOTION: "I move to approve Resolution # ~a ,Series of 2007,
declaring the official intent of the City to reimburse itself for capital expenditures associated
with the Acquisition of Real Property for Municipal and/or Affordable Housing Purposes."
RESOLUTION NO. D~
RESOLUTION OF THE CITY OF ASPEN DECLARING ITS OFFICIAL
INTENT TO REIMBURSE ITSELF WITH PROCEEDS OF FUTURE
BORROWINGS FOR CERTAIN CAPITAL EXPENDITURES IN
CONNECTION WITH THE ACQUISITION OF REAL PROPERTY FOR
MUNICIPAL AND/OR AFFORDABLE HOUSING PURPOSES TO BE
UNDERTAKEN BY THE CITY; IDENTIFYING SAID CAPITAL
EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT;
AND PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH.
WHEREAS, the City of Aspen (the "City") in the County of Pitkin and the State of
Colorado (the "State") 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; and
WHEREAS, the City Council of the City (the "Council") is the governing body of the
City; and
WHEREAS, the City has determined that it is in the best interests of the City to make
capital expenditures for the purpose of acquiring real property for municipal and/or affordable
housing purposes; and
WHEREAS, the City currently intends and reasonably expects to borrow money to
finance such capital expenditures, including an amount not to exceed $5,000,000 for reimbursing
the City for the portion of such capital expenditures incurred or to be incun•ed subsequent to the
date which is 60 days prior to the date hereof but before such borrowing, within 18 months of the
date of such capital expenditures or the placing in service or abandonment of each Project (as
hereinafrer defined), whichever is later (but in no event more than 3 years afrer the date of the
original expenditure of such moneys); and
WHEREAS, the Council hereby desires to declaze its official intent, pursuant to 26
C.F.R. § 1.150-2, to reimburse the City for such capital expenditures with the proceeds of the
City's fixture taxable ortax-exempt borrowing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN THAT:
Section 1. Declaration of Official intent The City of Aspen, presently intends and
reasonably expects to finance the acquisition of real property for general municipal and/or
affordable housing purposes (as more pazticulazly described in the Schedule corresponding to
such property to be attached hereto, each, a "Project") with moneys currently contained in its
General Fund or Housing Development fund. Prior to or upon each acquisition of real property
by the City for such purpose, the Council hereby authorizes and directs the City Director of
Finance and Administration (the "Finance Director") to attach a schedule ("Schedule") to this
4844-0259-5842.1
Resolution, which Schedule shall identify the real property so acquired and state the amount
expended by the City for such property. Upon attachment of each Schedule to this Resolution,
such Schedule shall be incorporated herein and thereupon form apart of this Resolution as if
fully set forth herein.
Section 2. Dates of Capital Expenditures. All of the capital expenditures covered by
this Resolution were made not eazlier than 60 days prior to the date of this Resolution.
Section 3. Borrowing. The City presently intends and reasonably expects to borrow
money within 18 months of the date of the expenditure of moneys on each Project or the date
upon which each Project is placed in service or abandoned, whichever is later (but in no event
more than 3 yeazs after the date of the original expenditure of such moneys), and to allocate the
proceeds thereof, in an amount not to exceed the lesser of (i) $5,000,000 and (ii) the sum of the
City's expenditures on all Projects (as set forth on the Schedules attached hereto), to reimburse
the City for its expenditures in connection with all Projects, as identified on the Schedules hereto
attached by the Finance Director.
Section 4. Conftrmation of Prior A
agents and employees of the City which are in
Resolution, and in furtherance of each Project,
ratified, approved and confinned.
cts. All prior acts and doings of the officials,
conformity with the purposes and intent of this
shall be and the same hereby are in all respects
Section 5. Severability. If any section, pazagraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, pazagraph, clause or provision shall not affect any of the
remaining provisions of this Resolution.
Section 6. Repeal of Inconsistent Resolutions. All other resolutions of the Council,
or parts thereof, inconsistent with this Resolution aze hereby repealed to the extent of such
inconsistency. This Resolution is not intended to supersede Resolution No 37, Series of 2007,
adopted May 15, 2007, but rather is adopted in addition thereto.
Section 7. Effective Date of Resolution. This Resolution shall be effective
immediately upon its adoption.
APPROVED AND ADOPTED this 10`" day of December, 2007.
[SEAL]
Attest:
By
City Clerk
4844-0259-5842.1
CITY OF ASPEN, COLORADO
By
Mayor
2
EXHIBIT A to Resolution # ,Series of 2007
1. BMC West Pazcel, up to a maximum total value of $5.0 million not covered under
Resolution #37, Series of 2007
4844-0259-5842.1
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Paul Menter, Finance
Steve Barwick, City
December 3, 2007
December 10, 2007
vuf
Resolution Authorizing Finance Director to Sign Consent to
Sublease Agreement(s) with Isis Retail Group -Peter Lik
Sublease Agreement
REQUEST OF COUNCIL: Staff requests Council approval of the attached resolution,
authorizing the Finance Director to sign Consent to Sublease, Subordination, Non Disturbance,
and Attornment Agreements(s) between the City of Aspen, the Isis Retail Group, Peter Lik
Aspen, LLC, and Financial Security Assurance, Inc. upon satisfactory incorporation of specific
terms and conditions as defined in the resolution.
PREVIOUS COUNCIL ACTION: City Council previously approved a lease agreement with
the Isis Retail Group authorizing the subleasing of certain portions of the Isis building for retail
purposes (Resolution #7, Series of 2007).
Council also previously approved a resolution (Resolution #90, Series of 2007) authorizing the
Finance Director to sign Consent to Sublease, Subordination, Non Disturbance, and Attornment
Agreements identical to the one's included herein in relation to the Verve, LLC sublease
agreement. Verve, LLC is a clothing store that will utilize approximately half of the Isis retail
space for its operations, scheduled to begin later in December. Peter Lik is a landscape
photographer with stores at the Forum in Las Vegas, and in New York City. Peter Lik Aspen
LLC will occupy the remaining half of the Isis retail space, completing the two store solution
anticipated by Courtney Lord of the Isis Retail Group.
The proposed consent agreements provide the specific terms under which the City, as Landlord,
agrees to permit the Isis Retail Group to sub lease this space.
BACKGROUND: The Isis Retail Group has now completed negotiations with prospective
tenants for the Isis under terms described above. Verve, LLC, a women's clothing store,
consented to lease terms acceptable to the Isis Retail Group in October. Peter Lik Aspen, LLC
came to terms with the Isis Retail Group in November of 2007. Approval of the attached
agreements in the final step in providing authorization for this final retail sublease, and assures
full tenancy of the Isis retail space with a two store configuration.
Page 1 of 2
DISCUSSION: City staff request that this resolution be discussed and approved at the redular
meeting of December 10`h, 2007 in order to expedite City of Aspen approval and execution of the
proposed Consent agreements in a timeline that meets the operational requirements of the
proposed subtenant and the Isis Retail Group.
FINANCIAL/BUDGET IMPACTS: Approval will help to ensure that amid-level clothing
retailer will become a tenant of the Isis, and provide lease revenue for COP payments through the
IRG and the City.
RECOMMENDED ACTION: Staff recommends Council approval of the proposed
resolution.
ALTERNATIVES: Council can deny the resolution or choose not to act on it, which may
jeopardize the potential for this retailer to become a tenant of the Isis.
PROPOSED MOTION: "I move to approve of ResolutioniP ~ Series of 2007 ,approval of
Consent to Sublease, Subordination, Non Disturbance, and Attornment Agreements(s) between
the City of Aspen, the Isis Retail Group, Peter Lik Aspen LLC, and Financial Security Assurance,
Incorporated."
CITY MANAGER COMMENTS:
ATTACHMENTS:
A: Agreement for Recognition, Consent to sublease, subordination, nondisturbance and
Attornment under lease between City of Aspen, Isis Retail Group and Peter Lik Aspen, LLC
B: Agreement or Recognition, Consent to sublease, subordination, nondisturbance and
Attornment under lease between City of Aspen ,Isis Retail Group, Peter Lik Aspen LLC, and
Financial Security Assurance (FSA).
C. EXHIBIT A to both Consent Agreements -Sublease between Isis Retail Group and Peter Lik
Aspen LLC
Page 2 of 2
RESOLUTION NO. ~D~
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
PROVIDING AUTHORITY FOR THE FINANCE DIRECTOR TO SIGN AND
EXECUTE "CONSENT TO SUBLEASE, SUBORDNATION, NONDISTURBANCE
AND ATTORNMENT UNDER LEASE AGREEMENT(S)" WITH THE ISIS RETAIL
GROUP WITH RESPECT TO THE SUB-SUB LEASE OF A PORTION OF THE ISIS
TO PETER LIK ASPEN LLC LLC, A COLORADO LIMITED LIABILITY
COMPANY
WHEREAS, there has been submitted to the City Council Consent to Sublease,
Subordination, Nondisturbance and Attornment Under Lease Agreement(s) between the
City of Aspen and Isis Retail Group LLC, true and accurate draft copies of which are
attached hereto as Exhibit "A and B";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN. COLORADO:
That the City Council of the City of Aspen hereby authorizes the Finance Director
to sign and execute said agreement(s), between the City of Aspen and the Isis Retail
Group LLC, draft copies of which are annexed hereto and incorporated herein, upon the
following terms:
1. That said agreement(s) are not in conflict with the City's obligations with respect
to its lease purchase agreement with the City of Aspen Public Facilities Authority.
2. That said agreement(s) are not in conflict with provisions of the City of Aspen's
sublease with the Isis Retail Group (IRG) and,
3. That proposed lease between the Isis Retail Group and Peter Lik Aspen LLC
provides adequate protection to the City of Aspen in the case subtenant (Peter Lik
Aspen LLC) fails to comply with provisions of its lease with the Isis Retail Group
or applicable law.
4. That proposed lease does not conflict with any other approvals or financing
obligations of the City of Aspen
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 10th day of December, 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
N.
AGREEMENT FOR RECOGNITION, CONSENT TO SUBLEASE, SUBORDINATION,
NONDISTURBANCE
AND ATTORNMENT UNDER LEASE
THIS AGREEMENT is entered into as of this 10th day of December, 2007, by and
among THE CITY OF ASPEN, a Colorado municipal corporation, acting through its City
Council, whose address is 130 South Galena Street, Aspen, Colorado 81611(hereinafter referred
to as "City"); ISIS RETAIL GROUP LLC, a Colorado limited liability company (hereinafter
referred to as "Landlord"); and Peter Lik Aspen, LLC, a Nevada Limited Liability Company
whose address is 4250 Wagon Trail Avenue, Las Vegas, Nevada 89118 ("TenanP').
WITNESSETH:
WHEREAS, the City, as landlord, and Landlord, as tenant, entered into that certain
Sublease dated as of the 16th day of February, 2007 ("City Lease") whereby Landlord sublet
certain property located in the City of Aspen, County of Pitkin, State of Colorado, which
property so leased is more particularly described in said City Lease (the "Retail Building");
WHEREAS, pursuant to the Section 13.01(a) of the City Lease, Landlord has the right to
enter into further subleases, subject to obtaining the prior approval of City;
WHEREAS, Landlord desires to enter into a sublease agreement with Tenant
concurrently herewith ("Tenant Sublease") whereby Tenant will sublet a portion of the Retail
Building, which premises are more particularly described in said Tenant Sublease, a copy of
which is attached hereto as Exhibit A and made a part hereof by this reference (the "Premises';
WHEREAS, City requires the execution and delivery of this Agreement as a condition
precedent to approving the Tenant Sublease; and
WHEREAS, Tenant requires the execution and delivery of this Agreement as a condition
precedent to executing the Tenant Sublease.
AGREEMENT
NOW, THEREFORE, to induce and in consideration of the execution and delivery by
Tenant of the Tenant Sublease and in consideration of the premises and for other good and
valuable consideration, receipt of which is hereby acknowledged, the parties hereto hereby agree
as follows:
ARTICLE I
SUBORDINATION
The Tenant Sublease is and shall be subject and subordinate, at all times and in all
respect, to the terms, covenants, conditions and agreements contained in the City Lease and,
subject to Article II.B. hereof, the prime lease under which City is the tenant. Tenant hereby
acknowledges that it has been furnished a copy of the City Lease and agrees that it shall perform
faithfully and be bound by all of the terms, covenants, conditions, provisions and agreements of
Aspen, Colorado -Isis Building
11/2/2007 SNDA -Peter Lik Aspeq LLC
the City Lease (other than the payment of rentals), for the period covered by the Tenant Sublease
and to the extent of the Premises.
ARTICLE II
CONSENT TO SUBLEASE, NONDISTURBANCE AND ATTORNMENT
A. Consent to Sublease
City hereby acknowledges receipt of a copy of the Tenant Sublease as executed by
Landlord and Tenant. City hereby approves of and consents to the Tenant Sublease, as same may
be amended or modified from time to time with the approval of City, which approval may not to
be unreasonably withheld. The approval and consent of City is evidenced by its signature
below. Neither the Tenant Sublease nor this consent thereto shall: (a) release or dischazge
Landlord from any liability, whether past, present or future, under the City Lease; (b) be
construed to modify, waive or affect any of the terms, covenants, conditions, provisions or
agreements of the City Lease, or to waive any breach thereof, or any of City's rights as landlord
therein, or to enlarge or increase City's obligations as landlord therein; or (c) be construed as a
consent by City to any further subletting either by Landlord or by Tenant or to any assignment
by Landlord of the City Lease or assignment by Tenant of the Tenant Sublease, whether or not
the Tenant Sublease purports to permit the same and, without limiting the generality of the
foregoing.
In the event of Landlord's default beyond any applicable notice or cure period under the
provisions of the City Lease, the rent due from the Tenant under the Tenant Sublease shall be
deemed assigned to City and City shall have the right, under such default, at any time at its
option, to give notice of such assignment to the Tenant. City shall credit Landlord with any rent
received by City under such assignment but the acceptance of any payment on account of rent
from the Tenant as the result of any such default shall in no manner whatsoever be deemed an
attorument by the Subtenant to City, or serve to release Landlord from any liability under the
teens, covenants, conditions, provisions or agreements of the City Lease.
This consent is specific as to Landlord and Tenant and as such is not assignable (except
that in the event of a permitted assignment by Landlord of the City Lease this consent to this
particular Tenant Sublease and Landlord's obligations hereunder shall pass to Landlord's
assignee as an incidental right of, and burden upon, Landlord's assignee).
B. Non-Disturbance and Attornment Agreement
City hereby covenants and agrees that during the entire term of the Tenant Sublease,
Tenant's possession and rights under the Tenant Sublease shall not be abrogated, diminished or
otherwise adversely affected in any way by reason of any default by Landlord under the City
Lease or by reason of termination, cancellation, surrender or expiration of the City Lease due to
the default by Landlord. In the event of any such termination, cancellation, surrender or
expiration of the City Lease due to the default of Landlord, City shall (i) accept the attornment of
Tenant thereafter, (ii) recognize the rights of Tenant under the Tenant Sublease so long as Tenant
shall not be in default under the Tenant Sublease beyond any applicable notice and cure periods
contained therein, and (iii) be bound to Tenant under all of the terms, covenants and provisions
Aspen, Colorado- Isis Building
1 !/2/2007 SNDA - Peer Lik Aspen, LLC
2
of the Tenant Sublease for the remainder of the term thereof (including the renewal periods, if
Tenant elects or has elected to exercise its options to extend the term) and City hereby agrees to
assume and perform such terms, covenants and provisions and Tenant shall from and after the
date such City succeeds to the interest of "Landlord" under the Tenant Sublease, have the same
remedies against City for the breach of any covenant contained in the Tenant Sublease that
Tenant might have had under the Tenant Sublease against Landlord if City had not succeeded to
the interest of Landlord; provided that City will not be responsible: (a) for any action or inaction
of Landlord under the Tenant Sublease prior to termination of the City Lease; or (b) to cure any
default by Landlord under the Tenant Sublease which occurred or commenced prior to the
termination of the City Lease. Notwithstanding anything herein to the contrary, express or
implied, Tenant hereby agrees and acknowledges that if City defaults under the City Lease, or if
the prime lease under which the City is the tenant is terminated for any reason, the Tenant
Sublease is subject to termination. Tenant shall not be named or joined in any action or
proceeding by City under the City Lease to recover possession from Landlord, so long as Tenant
is not in default under the Tenant Sublease, beyond any applicable notice and cure period.
ARTICLE III
GENERAL COVENANTS
A. Notice. City shall furnish simultaneously to Tenant a copy of any notice sent to Landlord
under the City Lease, and shall advise Tenant in writing upon the expiration or termination of the
City Lease for any cause. Notwithstanding anything to the contrary herein, City's failure to give
such notice shall not constitute an event of default hereunder. Wherever in this Agreement or in
the Tenant Sublease a party hereto shall be required or permitted to serve a notice or demand on
any party, such notice or demand shall be given or served as hereinafter provided.
Notices shall be sent to:
City: The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Attention: City Manager
Landlord: Isis Retail Group, LLC
9 Pyramid Road
Aspen, Colorado 81611
Attention: Courtney Lord
with a copy to:
Richard J. Burstein, Esquire
Honigman Miller Schwartz and Cohn LLP
38500 Woodward Avenue, Suite 100
Bloomfield Hills, Michigan 48304-5048
11/2/2007
Aspen, Colorado -Isis Building
SNDA -Peter Lik Aspen, LLC
3
Tenant: 4250 Wagon Trail Avenue
Las Vegas, Nevada 89118
Attention:
and such other places as hereafter shall be designated in writing by the respective parties. Such
notice shall be mailed by United States registered or certified mail, return receipt requested,
postage prepaid.
B. Lien Waiver. City agrees to and does hereby waive and relinquish any and all rights or
remedies against Tenant, pursuant to any lien, statutory or otherwise, that it may have against the
property, goods or chattels of Tenant in or on the premises demised to Tenant under the Tenant
Sublease, except as provided Landlord under the Tenant Sublease.
C. Brokerage Commissions. Landlord and Tenant covenant and agree that, under no
circumstances shall City be liable for any brokerage commission or other charge or expense in
connection with the Tenant Sublease and Landlord and Tenant both agree to indemnify City
against same and against any cost or expense (including but not limited to counsel fees) incurred
by City in resisting any claim for any such brokerage commission.
D. Consent Limitations. Landlord and Tenant understand and acknowledge that the City's
consent hereto is not a consent to any improvement or alteration work being performed in
Premises and that where such consent is required under the terms of the City Lease, City's
consent must be separately sought and will not necessarily be given but, to the extent that the
City Lease obligates the undersigned City to consent to, or be reasonable with respect to the
giving of consent to, alterations by Landlord, Landlord's right as tenant under the City Lease are
not diminished by the foregoing statement that the City is not obligated to give its consent to a
direct request by Tenant to City for the performance of any improvements or alterations.
E. Facsimile. Counterparts. A facsimile, telecopy or other reproduction of this Agreement
may be executed by the parties and shall be considered valid, binding and effective for all
purposes. At the request of either party, the parties agree to execute an original of this
Agreement as well as any facsimile, telecopy or other reproduction. This Agreement may be
executed in several counterparts and, after execution and as executed, shall constitute a contract
binding on all of the parties, notwithstanding that all of the parties are not signatory to the
original or the same counterpart.
F. The agreements herein contained shall bind and inure to the benefit of the parties hereto
and their respective heirs, representatives, successors and assigns and shall be deemed covenants
running with the land.
G. Conflicts. The parties hereto agree that, to the extent of any
inconsistency between the provisions of this Agreement and the provisions of that certain other
agreement entitled "Agreement For Recognition, Consent to Sublease, Nondisturbance and
Attornment Under Lease" executed by the parties hereto as of even date herewith, the provisions
of this Agreement shall control.
11/22007
Aspen, Colorado -Isis Building
SNDA - Peer Lik Aspen, LLC
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement For
Recognition, Consent to Sublease, Subordination, Nondisturbance and Attornment Under Lease
as of the day and year first above written.
WITNESSES: THE CITY OF ASPEN,
a Colorado municipal corporation acting through its
City Council pursuant to its Charter and the laws of
the State of Colorado
By:
Steve Barwick
Its: City Manager
"City"
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of December,
2007, by Steve Barwick, the City Manager of THE CITY OF ASPEN, a Colorado municipal
corporation.
Notary Public
11/22007
Aspen, Colorado- Isis Building
SNDA -Peter Lik Aspeq LLC
5
WITNESSES: ISIS RETAIL GROUP, LLC
a Colorado limited liability company
By:
Courtney Lord
Its: Manager
"Landlord"
STATE OF MICHIGAN )
)ss
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of November,
2007, by Courtney Lord, the Manager of ISIS RETAIL GROUP, LLC, a Colorado limited
liability company.
Notary Public
Aspen, Colorado - Lsis Building
11/2/2007 SNDA -Peter Lik Aspen, LLC
6
WITNESSES:
STATE OF
COUNTY OF
PETER LIK ASPEN, LLC
a Nevada limited liability company
By_ -
Its:
"Tenant"
)ss
The foregoing instrument was acknowledged before me this day of November,
2007, by ,the of , a
Notary Public
11/2/2007
7
Aspen, Colorado -Isis Building
SNDA - Peer Lik Aspen, LLC
EXHIBIT A
TENANT SUBLEASE
See Attached
Aspen, Colornda -Isis Building
1122007 SNDA -Peter Lik Aspen, LLC
Exhibit A, Page 1
v
AGREEMENT FOR RECOGNITION, CONSENT TO SUBLEASE,
NONDISTURBANCE
AND ATTORNMENT UNDER LEASE
THIS AGREEMENT is entered into as of this 10t1i day of December, 2007, by and
among THE CITY OF ASPEN, a Colorado municipal corporation, acting through its City
Council, whose address is 130 South Galena Street, Aspen, Colorado 81611(hereinafter referred
to as "City"); ISIS RETAIL GROUP LLC, a Colorado limited liability company (hereinafter
referred to as "Landlord") and Peter Lik Aspen, LLC, a Nevada Limited Liability Company
whose address is 4250 Wagon Trail Avenue, Las Vegas, Nevada 89118 ("Tenant'). Financial
Security Assurance Inc. (the "Insurer"), whose address is 31 West 52nd Street, New York, New
York 10019, Attention: Communications Department, consents to this Agreement by execution
of the Consent of Insurer attached below.
WITNESSETH:
WHEREAS, the City, as landlord, and Landlord, as tenant, entered into a certain City
Lease dated as of the 16th day of February, 2007 ("City Lease") with regazd to certain property
located in the City of Aspen, County of Pitkin, State of Colorado, which property so leased is
more particulazly described in said City Lease; and
WHEREAS, Insurer has insured the payment of the principal and interest on certain
Certificates of Participation, Series of 2007, issued by the City of Aspen Public Facilities
Authority (the "Authority") which evidence undivided interests in the right of the Authority to
receive certain rental payments made by the City under that certain Lease Purchase Agreement
dated as of February 16, 2007; and
WHEREAS, pursuant to the City Lease, Landlord has the right to enter into subleases
and City, if it approves the sublease, has agreed to execute a recognition, non-disturbance and
attornment agreement; and
WHEREAS, Landlord concurrently herewith is entering into a sublease agreement with
Tenant for a portion of the property leased by Landlord under and pursuant to the City Lease,
which portion of the property so leased is more particulazly described in said sublease agreement
("Tenant Sublease"), a copy of which is attached hereto as Exhibit A and made a part hereof by
this reference; and
WHEREAS, Tenant requires the execution and delivery of this Agreement as a condition
precedent to the effectiveness of the Tenant Sublease; and
NOW, THEREFORE, to induce and in consideration of the execution and delivery by
Tenant of the Tenant Sublease and in consideration of the premises and for other good and
valuable consideration, receipt of which is hereby acknowledged, the parties hereto hereby agree
as follows:
Aspeq Cobrado -Isis Building
11/2/2007 SNDA -Peter Lik Aspen, LLC
ARTICLE 1
CONSENT TO SUBLEASE, NONDISTURBANCE AND ATTORNMENT
City hereby acknowledges that it has been furnished a copy of the Tenant Sublease as
executed by Landlord and Tenant, and that City hereby approves of and consents to the Tenant
Sublease, as same may from time to time be amended or modified, with the approval of City, not
to be unreasonably withheld.
City hereby covenants and agrees that during the entire term of the Tenant Sublease,
Tenant's possession and rights under the Tenant Sublease shall not be abrogated, diminished or
otherwise adversely affected in any way by reason of any default by Landlord under the City
Lease or by reason of termination, cancellation, surrender or expiration of the City Lease due to a
default by Landlord. In the event of any such termination, cancellation, surrender or expiration
of the City Lease due to a default by Landlord, City shall (i) accept the attornment of Tenant
thereafrer, (ii) recognize the rights of Tenant under the Tenant Sublease so long as Tenant shall
not be in default under the Tenant Sublease, and (iii) be bound to Tenant under all of the terms,
covenants and provisions of the Tenant Sublease for the remainder of the term thereof (including
the renewal periods, if Tenant elects or has elected to exercise its options to extend the term) and
City hereby agrees to assume and perform such terms, covenants and provisions and Tenant shall
from and after the date such City succeeds to the interest of "Landlord" under the Tenant
Sublease, have the same remedies against City for the breach of any covenant contained in the
Tenant Sublease which is consistent with the covenants in the City Lease, that Tenant might have
had under the Tenant Sublease against Landlord if City had not succeeded to the interest of
Landlord; provided that City will not be responsible (a) for any action or inaction of Landlord
under the Tenant Sublease or (b) to cure any default by Landlord under the Tenant Sublease
which occurred or commenced prior to the termination of the City Lease. Notwithstanding
anything herein to the contrary, express or implied, Tenant hereby agrees and acknowledges that
if City defaults under the City Lease, or if the prime lease under which the City is the tenant is
terminated for any reason, the Tenant Sublease is subject to termination. Tenant shall not be
named or joined in any action or proceeding by City under the City Lease to recover possession
from Landlord, so long as Tenant is not then in default, beyond any applicable notice and cure
period,.
ARTICLE 2
GENERAL COVENANTS
City shall furnish simultaneously to Tenant a copy of any notice sent to Landlord under
the City Lease, and shall advise Tenant in writing upon the expiration or termination of the City
Lease for any cause. However, failure to give such notice shall not constitute an Event of
Default by City under this Agreement. Wherever in this Agreement or in the Tenant Sublease a
party hereto shall be required or permitted to serve a notice or demand on any party, such notice
or demand shall be given or served as hereinafter provided.
Notices shall be sent to:
11/2/2007
Aspen, Colorado -Isis Building
SNDA -Peter Lik Aspen, LLC
2
City: The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Attention: City Manager
Landlord: Isis Retail Group, LLC
9 Pyramid Road
Aspen, Colorado 81611
Attention: Courtney Lord
with a copy to:
Richard J. Burstein, Esquire
Honigman Miller Schwartz and Cohn LLP
38500 Woodward Avenue, Suite 100
Bloomfield Hills, Michigan 48304-5048
Tenant: Peter Lik Aspen, LLC
4250 Wagon Trial Avenue
Las Vegas, Nevada
Attention:
and such other places as hereafter shall be designated in writing by the respective parties. Such
notice shall be mailed by United States registered or certified mail, return receipt requested,
postage prepaid.
City agrees to and does hereby waive and relinquish any and all rights or remedies
against Tenant, pursuant to any lien, statutory or otherwise, that it may have against the property,
goods or chattels of Tenant in or on the premises demised to Tenant under the Tenant Sublease,
except as provided Landlord under the Tenant Sublease.
A facsimile, telecopy or other reproduction of this Agreement may be executed by the
parties and shall be considered valid, binding and effective for all purposes. At the request of
either party, the parties agree to execute an original of this Agreement as well as any facsimile,
telecopy or other reproduction. This Agreement may be executed in several counterparts and,
after execution and as executed, shall constitute a contract binding on all of the parties,
notwithstanding that all of the parties are not signatory to the original or the same counterpart
The agreements herein contained shall bind and inure to the benefit of the parties hereto
and their respective heirs, representatives, successors and assigns and shall be deemed covenants
running with the land.
(signatures begin on the following page)
11/2/2007
Aspen, Colorado -Isis Building
SNDA - Peer Lik Aspen, LLC
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement For
Recognition, Consent to Sublease, Nondisturbance and Attornment Under Lease as of the day
and year first above written.
WITNESSES: THE CITY OF ASPEN,
a Colorado municipal corporation acting through its
City Council pursuant to its Charter and the laws of
the State of Colorado
By:
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
Steve Barwick
Its: City Manager
"City"
The foregoing instrument was acknowledged before me this day of November,
2007, by Steve Barwick, the City Manager of THE CITY OF ASPEN, a Colorado municipal
corporation.
Notary Public
11/2/2007
4
Aspen, Colorado -Isis Building
SNDA -Peter Lik Aspeq LLC
WITNESSES: ISIS RETAIL GROUP, LLC
a Colorado limited liability company
STATE OF MICHIGAN )
)ss
COUNTY OF OAKLAND )
By:
Courtney Lord
Its: Manager
"Landlord"
The foregoing instrument was acknowledged before me this day of November,
2007, by Courtney Lord, the Mana>?er of ISIS RETAIL GROUP, LLC, a Colorado limited
liability company.
Notary Public
11/2Y2007
5
Aspen, Colorado -Isis Building
SNDA-Peter Lik Aspen, LLC
PETER LIK ASPEN, LLC,
a Nevada limited liability company
By:
Its:
"Tenant"
STATE OF
COUNTY OF
)ss
The foregoing instrument was acknowledged before me this _ day of November,
2007, by ,the of , a
Notary Public
Aspen, Colorado -Isis Building
11/2/2007 SNDA -Peter Lik Aspen, LLC
6
CONSENT OF INSURER:
The undersigned hereby certifies that she is authorized to execute and deliver this Consent on
behalf of Financial Security Assurance Inc. ("Financial Security"), as issuer of a municipal bond
insurance policy for the City of Aspen Public Facilities Authority (Colorado) Taxable
Certificates of Participation (Isis Theater Project) Series 2007A (the "Bonds"). Financial
Security hereby consents to the Agreement for Recognition, Consent to Sublease,
Nondisturbance and Attornment Under Lease (in the form to which this Consent is attached).
Financial Security's consent is provided pursuant to Section 13.01(a) of the Sublease by and
between the City of Aspen and Isis Retail Group, LLC, dated as of February 16, 2007.
By granting this Consent Financial Security expresses no opinion as to whether the consent of
any other person is required.
INSURER:
Financial Security Assurance Inc.
By:
Elizabeth Hill
Its: Managing Director
11/2/2007
Aspen, Colorado- Isis Building
SNDA -Peter Lik Aspen, LLC
7
EXHIBIT A
TENANT SUBLEASE
See Attached
Aspen, Colorado -Isis Building
11/22007 SNDA -Peter Lik Aspen, LLC
Exhibit A, Page 1
P~-~: c _ ,
LEASE
ISIS PROPERTY GROUP, LLC
a Colorado limited liability company
"Landlord"
and
Peter Lik Aspen, LLC
a Nevada Limited Liability Company
"Tenant"
ISIS BUILDING
ASPEN,COLORADO
ISIS BUILDING
Aspen, Pitkiu County, Colorado
THIS LEASE is made between the Landlord and the Tenant hereinafter identified and constitutes a Lease
between the parties of the "Leased Premises" as hereinafter identified on the terms and conditions and subject to the
covenants and ageements hereinafrer set forth.
WHEREAS the City of Aspen Public Facilities Authority, anon-profit corporafion (the "Prime Landlord").
having an address of 130 South Galena Street, Aspen, Colorado 81611 is the owner of the commercial unit
("Commercial Unit A") in the Isis Theater Building located at 406 East Hopkins, Aspen, Colorado (the "Building"),
which includes the Leased Premises (defined below);
WHEREAS, in order to fmance the acquisition of Commercial Unit A, the Prime Landlord issued "City of
Aspen Public Facilities Authority Taxable Certificates of Participation (Isis Theater Project), Series 2007A"
pursuant to that cetrain Mortgage and Indenture of Trust between the Corporation and American National Bank, as
trustee (the "Trustee");
WHEREAS the Prime Landlord entered into a Lease Purchase Agreement (the "Prime Lease") with the
City of Aspen, a Colorado Municipal Corporation acting through its City Council (the "City"), having an address of
I30 South Galena Street, Aspen Colorado 81611, pursuant to which the City (eased the Leased Premises;
WHEREAS, City and Isis Retail Group, LLC (hereafter "Landlord") entered into that certain Sublease
dated February ib, 2007 (the "City Lease") pursuant to which Landlord sublet the Leased Premises from City; and
WHEREAS, Landlord now desires to further sub-let the Leased Premises to Verve, LLC, a Colorado
limited liability company (defined below).
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agee as follows:
ARTICLE 1
BASIC LEASE PROVISIONS
(a) Date of Lease: October --, 2007
(b) Landlord: Isis Property Group, LLC,
a Colorado limited liability company
(c) Tenant: Peter Lik Aspen, LLC
A Nevada Limited Liability Company
(d) Leased Premises: Space B containing 1,896 square feet
Isis Building, Aspen, Colorado
(e) Expiration Date: March 31, 2017
(t) Fixed Minimum Annual Rental: Year 1 $275,000.00
Years 2-] 0 increased by three and one-half percent (3.5%)
per annum.
(g) Percentage Rem Factor: Six Percent (6%) from $3,000,000 to $3,499,999
Eight Percent (8%) from $3,500,000 to $4,000,000
Ten Percent (l0%) above $4,000,000
Of Tenant's Gross Sales
OAKLAND/1342708.1 Aspen, Colorado -Isis Building
8/29YL007
Lease -Form
(h) Permitted Use: The sale of photographic art by Peter Lik. Ancillary to the
foregoing, Tenant may offer for sale calendars,and other
Peter Lik photography related items.
(i) Radius: Ten (10) miles
(j) Tenant's Trade Name: Petet Lik Gallery
(k) Security Deposit: $30,000.00
(1) Landlord's Address:
(i) For Notice: (ii) For Rent Payments
9 Pyramid Road 9 Pyramid Road
Aspen, Colorado 81611 Aspen, Colorado 81611
(m) Tenant's Address:
(i) For notice billing: (ii) Main home address:
4250 Wagon Trail Ave 4250 Wagon Trail Ave
Las Vegas, NV 89118 Las Vegas, NV
89118
ARTICLE 2
GRANT AND TERM
Section 2.01 Leased Premises
Landlord is the lessee of certain premises, including all buildings and permanent improvements constructed
thereon, constituting a portion of a retail building owned by the City of Aspen Public Facilities Authority which
leases certain condo units to the City of Aspen, Colorado (the "City"), a portion of which has been leased to
Landlord hereunder, that portion being hereinafter referred to as the "Retail Building," situated in the City of Aspen,
Pitkin County, Colorado. The Retail Building, a legal description of which is also found on Exhibit B and which is
also shown on Exhibit A, is part of a multi-use building. Landlord, in consideration of the rent to be paid and the
covenants to be performed by Tenant, does hereby demise and lease unto Tenant, and Tenant hereby rents from
Landlord, those certain premises in the Retail Building outlined in red on Exhibit A, subject to covenants,
restrictions and easements of record, including but not limited to dte terms, conditions, covenants and restrictions
contained in the Prime Lease and the City Lease. Tenant agrees to comply with the terms, conditions, covenants and
restrictions contained in the Prime Lease and City Lease, except payment of rentals.
Section 2.02 Term
The term of this Lease shall commence: (a) December 1, 2007; or (b) the date Tenant opens its store in the
leased premises for business, whichever of said dates is the first to occur ("commencement date") and shall end on
the Expiration Date set forth in Section 1(e) hereof, unless sooner terminated as hereinafter provided.
Section 2.03 Optional Rights of Cancellation
If for any reason the leased premises aze not ready for Tenant's Work on the date twenty-four (24) months
following the date of this Lease, then, for a period of thirty (30) days thereafter, Tenant shall have the option, and for
OAKLAND/1342708.1 Aspen, Colorado -Isis Building
829/2007
Lease -Form
a period of forty-five (45) days following such twenty-four (24) month period, Landlord shall have the option, of
terminating this Lease by written notice, one to the other.
ARTICLE 3
RENT
Section 3.01 Minimum Rent
The faced minimum annual rental during the term of this Lease shall be the sum set forth in Section I(f)
hereof, which sum shall be payable by Tenant in equal consecutive monthly installments on or before the first day of
each month, in advance, at the address set forth in Section 1(])(ii) hereof, or such other place as Landlord may
designate, without any prior demand therefor and without any deductions or setoff whatsoever. Should the term of
this Lease commence on a day other than the first day of the calendaz month, then the fixed minimum annual rental
for such month shall be prorated on a per diem basis.
Section 3.02 Percentage Rent and Lease Year
(a) [n addition to the payment of the fixed minimum annual rental, as hereinbefore provided, Tenant
shall pay to Landlord with respect to each lease yeaz of the term hereof as annual percentage rental, a sum equal to
the Percentage Rent Factor set forth in Section I(g) hereof of all Gross Sales (as hereinafter defined) during such
lease year less the fixed minimum annual rental paid pursuant to Section 3.01 hereof attributable to periods during
which Tenant shat] be open for business. The annual percentage rental shall be payable at the times and in the
manner hereinafter set forth, at the address set forth in Section L(1)(ii) hereof, or such other place as Landlord may
designate, without any prior demand therefor and without any deductions or setoff whatsoever.
(b) Such annual percentage rental shall be paid annually in the month immediately following the
month in which the Sales Breakpoint is reached, and for each month remaining during the lease year.
(c) The term "lease yeaz" as used herein shall be defined to mean a period of twelve (l2) consecutive
calendar months. The fast lease year shall begin on the commencement date if the commencement date shall occur
on the fast day of the calendar month; if not, then the fast lease yeaz shall commence on the fast day of the month
immediately following the commencement date and the period from the commencement date to the last day of the
month (during which the commencement date occurs) shall be added to the first lease year. Each succeeding lease
yeaz shall commence on the anniversary date of the first lease year.
Section 3.03 Cross Sales
"Gross Sales", as used herein, shall mean the amount of gross sales, income, receipts, revenues, charges,
monies or other things of value, of, in connection with and for all merchandise, services or other operations or
businesses sold, licensed or rendered at, in, on, from or arising out of the leased premises by Tenant or any
subtenants, licensees or concessionaires, including sales of inventory made as part of a court ordered sale, whether
for cash or on a charge, credit or time basis, without reserve or deduction for inability or failure to collect, adjusted
by the deduction, if originally included in Gross Sales, or exclusion, as the case may be, from Gross Sales of the
following, provided that sepazate records aze maintained for such deductions or exclusions: (a) amounts of refunds,
allowances made on merchandise claimed to be defective or unsatisfactory or discounts to customers, provided that
if such refunds, allowances or discounts aze in the form of credits to customers, such credits shall be included in
Gross Sales when used; (b) exchanges of merchandise between stores of Tenant where such exchanges are made
solely for the operation of "T'enant's business and not for the purpose of consummating a sale which has been made
at, in, on or from the teased premises and/or for the purpose of depriving Landlord of the benefit of such sale which
otherwise would have been made at, in, on or from the leased premises; (c) returns to shippers and manufacturers for
credit; (d) sale of trade fixtures or store operating equipment after use thereof in the conduct of Tenant's business in
the leased premises; (e) all sums and credits received in settlement of claims for loss or damage to merchandise; and
(f) amount of any sales or excise tax levied upon retail sales and payable aver to the appropriate governmental
authority provided that specific record of the amount of such sales or excise tax is made at the time of each sale and
the amount thereof is expressly charged to the customer.
OAKLAND/I342708.1 Aspen, Colorado -Isis Building
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Lease -Form
Section 3.04 Tenant's Taz Obligation
Tenant agees to pay to Landlord its proportionate share of all taxes and existing and future assessments,
general and special, and governmental charges of any kind or nature whatsoever which have been or may be levied
or assessed by any lawful authority against Ure land, buildings and improvements presently and/or at any time during
the term of this Lease comprising the Retail Building, which are payable during any calendar yeaz in which any
portion of the term hereof falls, irrespective of whether such taxes aze assessed against real or personal property.
Such taxes, assessments and charges hereinafter are referred to, collectively, as "Taxes". Should the United States,
the State of Colorado or any political subdivision Utereof or any governmental authority having jurisdiction
thereover impose a tax and/or assessment of any kind or nature upon, against, measured by or with respect to the
rentals payable by tenants in the Retail Building to Landlord or on the income of Landlord derived from the Retail
Building, or with respect to the Landlord's, or the individuals' or entities' which form the Landlord herein, ownership
of the land and buildings presently and/or at any time during the term of this Lease comprising the Retail Building,
either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and
such buildings, or in lieu of increase thereof, then such tax, assessment and/or surcharge shall be deemed to
constitute Taxes for the purpose of this Section 3.04. Tenant's proportionate share shall be equal to the product
obtained by multiplying the Taxes by a fraction, the numerator of which shall be the number of squaze feet of floor
area in the leased premises and the denominator of which shall be the total number of square feet of gross leased and
occupied floor area of the Retail Building, not including outdoor sales areas, outdoor patios, and outdoor eating
areas. For purposes of this Section 3.04, as well as Section 9.01 hereof, the gross leased and occupied floor area in
effect for the whole of any calendaz year or partial calendar year shall be the average of the leased and occupied
floor area in effect on each day of such calendar yeaz or partial calendaz year.
Any costs, expenses and attorneys' fees (including the costs of tax consultants) incurred by Landlord in
connection with the negotiation for reduction in the assessed valuation of land, buildings and improvements
comprising the Retail Building and any protest or contest of real estate taxes and/or assessments shall be included
within the term "Taxes". Notwithstanding anything herein contained to the contrary, Tenant shall not have the right
to contest the Taxes in any manner whatsoever.
Tenant's proportionate share of the Taxes for or during the term hereof, as determined by Landlord, shall be
paid in monthly installments on or before the fast day of each calendaz month, in advance, in an amount estimated
by Landlord, or Landlord may elect, at its sole option, to bill such taxes in arrears; provided, that in the event
Landlord is required under any mortgage covering the Retail Building to escrow Taxes, Landlord may, but shall not
be obligated to, use the amount required to be so escrowed as a basis for its estimate of the monthly installments due
from Tenant hereunder. Upon receipt of all tax bills and assessment bills attributable to any calendar yeaz during the
term hereof; Landlord shall famish Tenant with a written statement of the actual amount of "Cenant's proportionate
share of the Taxes for such yeas [f the total amount paid by Tenant under this Section 3.04 for any calendar year
dm ing the tetra of this Lease shall be less than the actual amount due from Tenant for such year, as shown on such
statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount
due, such deficiency to be paid within ten QO) days after demand therefor by Landlord; and if the total amount paid
by Tenant hereunder for any such calendar yeaz shall exceed such actual amount due from Tenant for such calendar
year, such excess shall be credited against the next installment of Taxes due from Tenant to Landlord hereunder.
For the calendar yeazs in which this Lease commences and terminates, the provisions of this Section 3.04 shall
apply, and Tenant's liability for its proportionate share of any Taxes for such years shall be subject to a pro rata
adjustment based on the number of days of said calendar years during which the term of this Lease is m effect. Prior
to or at the commencement of the term of this Lease and from time to time thereafter throughout the term hereof,
Landlord shall notify Tenant in writing of Landlord's estimate of Tenant's monthly installments due hereunder.
Landlord's and Tenant's obligations under this Section 3.04 shall survive the expiration of the term of this Lease.
Section 3.05 Definition of Rent
The words "rental" and "rent" shall have the same meaning and shall be deemed in this Lease as,
collectively, fixed minimum annual rental, percentage rental and all other charges or payments of whatever nature
required to be paid by Tenant to Landlord under this Lease (including the Exhibits hereto). All sums of money and
charges required to be paid by Tenant under this Lease shall be payable in the manner provided by this Lease and
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shall be promptly paid by Tenant when the same aze due without any prior demand therefor (unless expressly
provided for in this Lease) and without any deductions or setoff whatsoever. All such amounts or charges shall be
payable to Landlord at the place where the fixed minimum annual rental is payable. In the event any check received
by Landlord from Tenant for any sums payable by Tenant under this Lease is returned by Tenant's bank, Tenant
shall pay to Landlord as additional rent a service charge of Seventy-five Dollars ($75.00) for each such check upon
receipt of an invoice therefor. It is agreed that said service chazge is a fair and reasonable chazge under the
circumstances and shall not be construed as interest on a debt payment.
ARTICLE 4
RECORDS AND BOOKS OF ACCOUNT
Section 4.01 Tenant's Records
Tenant shall prepaze and keep full, complete and proper books, records and accounts of the Gross Sales,
both for cash and on credit, of each sepazate department at any time operated in the leased premises; said books,
records and accounts, including any sales tax reports that Tenant may be required to furnish to any government or
governmental agency, shall at all reasonable times be open to the inspection of Landlord, Landlord's auditor or other
authorized representative or agent at the leased premises for a period of at least two (2) years after the expiration of
each lease year and partial lease yeaz.
Section 4.02 Reports by Tenant
Tenant shall furnish to Landlord within ten (10) days after the end of each month of the term of this Lease a
written statement of Gross Sales, signed by Tenant, covering the preceding month, the statement to be in such form
and style and contain such details and breakdown as Landlord may reasonably require. Tenant also agrees that it
will furnish to Landlord within thirty (30) days after the expiration of each full lease year and partial lease year a
complete statement, certified by an independent certified public accountant, showing in all reasonable detail the
amount of such Gross Sales made by Tenant from the leased premises during such lease year or partial tease yeaz.
Tenant shall require all its subtenants, concessionaires and licensees, if any, and any other person and entity other
than Tenant conducting business in the leased premises, to famish similaz statements.
ARTICLE 5
AUDIT
Section 5.01 Right to Examine Books
The acceptance by Landlord of payments of annual percentage rental shall be without prejudice to
Landlord's right to an examination of Tenant's books and records of its gross receipts and inventories of merchandise
at the leased premises, and those of all persons and entities conducting business in the leased premises, in order to
verify the amount of annual Gross Sales made by Tenan[ in and from the leased premises.
Section 5.02 Audit
At its option, Landlord may at any reasonable time, upon three (3) days' prior notice to Tenant, cause a
complete audit to be made of Tenant's entire records relating to the leased premises (including the records of any
subtenant, concessionaire or licensee and of any other person and entity other than Tenant conducting business in
the leased premises) for the period covered by any statement issued by Tenant as above set forth. If such audit shall
disclose that T'enant's statement of Gross Sales is at variance to the extent of three percent (3%) or more, Tenant
shall promptly pay to Landlord the cost of said audit in addition to the deficiency, which deficiency shall be payable
in any event, and, in addition, Landlord shall have the further remedy of ternunating this Lease upon ten (10) days'
notice to Tenant.
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ARTICLE 6
DELIVERY OF POSSESSION
The leased premises shall be deemed as ready for Tenant's Work when Landlord notifies Tenant that the
leased premises aze ready for Tenant's Work, which notice shall constitute delivery of possession of the leased
premises to Tenant, and at which time Tenant shall accept the leased premises in their "as is" condition, it being
acknowledged and agreed that Landlord shall not have any obligation to make any improvements or alterations to
the leased premises other than to deliver a "white box," with demising walls, concrete floors and utilities to the
Premises.
ARTICLE 7
CONSTRUCTION OF LEASED PREMISES
Section 7.01 Construction of the Leased Yremises
Landlord agrees prior to the commencement date to have constructed the building in which the leased
premises are to be located. Tenant agrees, prior to the commencement date, at 'Tenant's sole cost and expense, to
provide all work and materials of whatsoever nature in order to use the leased premises for the Permitted Use
("Tenant's Work"). Tenant shall submit to Landlord for Landlord's prior written approval all plans and
specifications with respect to the leased premises. No work shall be performed by or for Tenant at the leased
premises until such plans and specifications have been approved by Landlord. No deviation Crom such plans and
specifications, once approved by Landlord, shall be made by Tenant without Landlord's prior written consent.
Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by
Landlord for their accuracy or sufficiency, and Tenant shall be solely responsible for such matters.
Section 7.02 Settlement of Disputes
Any disagreement or dispute concerning any work to be performed with respect to the leased premises shall
be submitted to Landlord's registered architect, whose decision shall be final and binding on both Landlord and
Tenant.
ARTICLE 8
CONDUCT OF BUSINESS BY TENANT
Section 8.01 Use of Premises
Tenant shall use the leased premises solely for the Permitted Use set forth in Section 1(h) hereof, and for no
other purpose or proposes. If any governmental license or permit shall be required for the proper and lawful conduct
of Tenant's business or other activity carried on in the leased premises or if a failure to procure such a license or
permit might or would, in any way, affect Landlord or the Retail Building, then Tenant, at Tenant's expense, shall
duly procure and thereafrer maintain such license or permit and submit the same for inspection by Landlord.
Section 8.02 Operation of Business
(a) Tenant agrees to operate one hundred percent (100%) of the leased premises during the entire term
of this Lease unless prevented from doing so because of fue, accident, or acts of God. Tenant shall conduct its
business at all times in a high class and reputable manner, maintaining at all times a full staff of employees and a full
and complete stock of merchandise.
(b) Tenant, at Tenant's sole cost and expense, shall promptly comply with all laws, ordinances, orders
and regulations affecting the leased premises and the cleanliness, safety, occupancy, alteration and use of same,
including but not limited to the Americans with Disabilities Act of 1990 and the Clean Air Act. Tenant shall not
cause or permit the use, generation, storage, treatment or disposal in, on or about the leased premises or the Retai]
Building of any pollutant, contaminant, waste, or hazardous, toxic or radioactive substance or material (collectively,
"Hazardous Materials") subject to regulation under any Federal, state or local laws from time to time in effect.
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Without limiting the foregoing, Tenant shall have sole and exclusive liability (including, but not limited to,
liability under environmental laws such as, but not limited to, the Federal Comprehensive Environmental Response,
Compensation and Liability Act) for or related to, in whole or in part, the release or disposal of any substances,
materials or wastes (whether Hazazdous Materials or otherwise) by Tenant's employees, contractors or agents. This
paragraph shall survive the termination or expiration of this Lease.
(c) Unless authorized or directed by court order, no auction, liquidation, lost our lease, going out of
business, fue or bankruptcy sales may be conducted in the leased premises. Tenant shall not permit noise or odors
in the leased premises which are objected to by any tenant or occupant of the Retail Building and upon written
notice from Landlord, Tenant shall immediately cease and desist from causing such noise or odor. Upon written
notice from Landlord, Tenant shall hnmediately cease displaying merchandise and/or advertising which Landlord
finds objectionable. Tenant shall not permit the operation of any vending machines, pinball machines, video games
or other amusement devices, or pay telephones on the leased premises. Tenant shall not use the areas adjacent to the
leased premises for business purposes. Tenant agrees that all receiving and delivery of goods and merchandise and
all removal of merchandise, supplies, equipment, trash and garbage shall be made only by way of the areas provided
therefor by Landlord. Landlord may direct the use of pest extermination and scavenger contractors at such intervals
as Landlord may require.
Section 8.03 Competition
During the term of this Lease, in the event Tenant or any person, firm or corporation who or which controls
or is controlled by Tenant shall dtrectly or indirectly, either individually or as a partner or stockholder or otherwise.
own, operate or become financially interested in any similar or competing business within the Radius set forth in
Section 1(i) from the outside boundary of the Retail Building, then the Gross Sales (as defined in this Lease) of any
such business or businesses within said Radius shall be included in the Gross Sales made from the leased premises
and [he percentage rent hereunder shall be computed on the aggregate of the Gross Sales made from the leased
premises and by any such other business or businesses then conducted within said Radius. This Section 8.03 shall
not apply to any such business or businesses presently open, in operation and so owned or operated by Tenant
within said Radius. With respect to any such business or businesses within said Radius, the Gross Sales of which
are included in the computation of percentage rent hereunder, Tenant shall maintain the records and deliver
statements as required pursuant to Article 4 hereof and Landlord shall have the right to audit such records pursuant
to Article 5 hereof.
Section 8.04 Storage, Office Space
Tenant shall warehouse, store and/or stock in the leased premises only such goods, wares and merchandise
as Tenant intends to offer for sale at retail at the leased premises. Tenant shall use for office or other nonselling
purposes only such space in the leased premises as is from time to time reasonably required for Tenant's business in
the leased premises.
Section 8.05 Care of Premises
Tenant shall keep the leased premises (including the service areas adjacent to the leased premises, show
windows, sidewalks in front of the leased premises, and signs) orderly, neat, safe and clean and free from rubbish
and dirt and shall store all trash and garbage within the leased premises or such `other location as Landlord shall
direct, and shall arrange for the regular pick up of such trash and garbage at Tenant's expense. Tenant shall not bum
any trash or garbage in or about the building. [f Landlord shall provide any services and/or facilities for such
storage and/or pick up (including trash compactors), then Tenant shall be obligated to use the same and to pay
Landlord or Landlord's contractor for such services and/or facilities within ten (IO) days after being billed therefor.
If Landlord directs that a particular contractor provide any such services and/or facilities, Tenant shall use such
contractor and, upon Landlord's request, enter into an agreement with such contractor for such services and/or
facilities.
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ARTICLE 9
COMMON AREAS
Section 9.01 Tenant's Pro Rata Share of Expenses
Tenant agrees to pay to Landlord in the manner hereinafter provided, but not more often than once each
calendar month, Tenant's proportionate shaze of all costs and expenses of every kind and nature paid or incurred by
Landlord in operating, equipping, policing and protecting lighting, insuring (including self insurance and the
payment of deductible amounts under insurance po]icies), repairing replacing managing and maintaining the
common areas of the entire Retail Building. Such costs and expenses shall include, but not be limited to:
illumination and maintenance of Retail Building signs; cleaning; lighting; snow removal; landscaping; repairs and
replacements, including roof and building repairs and replacements; personal property taxes; decorations; premiums
for liability and property insurance; supplies; the cost of maintenance and replacement of equipment supplying
music to the common areas; total compensation and benefits (including premiums for workers' compensation and
other insurance) paid to or on behalf of employees involved in the performance of the work specified m this
Section 9.01; and an amount equal to fifreen percent (15%) of the total of all of the foregoing costs and expenses to
cover Landlord's administrative costs. Cost of operation and maintenance shall include: (i) the amortization
(including interest) of the cost of acquiring and installing the equipment used in maintenance and any equipment and
facilities acyuired to reduce energy consumption or to otherwise reduce such costs and expenses of operating and
maintaining such common areas; and (ii) all costs and expenses in connection with the operation, repair,
replacement and maintenance of such common areas and all buildings and permanent improvements upon the Retail
Building including, without limitation, legal, azchitectural and engineering fees.
'Cenant's proportionate share of such costs and expenses shall be computed by multiplying the total of such
costs and expenses by a fraction, the numerator of which is the number of square feet of floor area in the leased
premises and the denominator of which is the total number of square feet of gross ]eased and occupied floor area of
the Retail Building, not including garden shops, greenhouses, outdoor sales azeas, outdoor patios, outdoor eating
areas, lumber and/or construction materials storage azeas.
Tenant's proportionate share of such costs and expenses with respect to each calendaz year during the term
of this Lease shall be paid in monthly installments on the fast day of each calendar month, al advance, in an amount
estimated by Landlord, or Land]ord may, at its sole option, bill such costs and expenses monthly in arrears.
Subsequent to the end of each calendar year, Landlord shall furnish Tenant with a statement of the actual amount of
Tenant's proportionate share of such costs and expenses for such period. If the total amount paid by Tenant under
this Section 9.01 for any calendaz year shall be less than the actual amount due from Tenant for such year as shown
on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and [he actual
amount due, such deficiency to be paid within ten (10) days after the furnishing of each such statement, and if the
total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant
for such calendar year, such excess shall be credited against the next installment due from Tenant [o Landlord under
this Section 9.O1. For the calendar years in which this Lease commences and terminates, the provisions of [his
Section 9.01 shall apply, and Tenant's liability for its proportionate share of such costs and expenses for such years
shall be subject to a pro rata adjnstmem based on the number of days of said calendar years during which the term of
this Lease is in effect.
Section 9.02 Use of Common Areas
The term "common areas" as used m this Lease, shall mean the sidewalks, tmckways, loading docks for use
by more than one tenant, delivery areas, landscaped areas, elevators and escalators and stairs not contained m leased
areas, public restrooms and comfort stations, and all other areas or improvements which may, at any time during the
term hereof, be provided upon the Retail Building for the convenience and use of the tenants of the Retail Building
and their respective subtenants, agents, employees, customers, invitees, and any other licensees of Landlord. The
use and occupancy by Tenant of the leased premises shall include the use, in common with all others to whom
Landlord has or may hereafter gran[ rights to use the same, of the common areas, and of such other facilities as may
be designated from time to time. Landlord may at any time close temporazily any common area to make repairs or
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changes, to prevent the acquisition of public rights in such azea and may do such other acts in and to the common
areas as in its judgment may be desirable to improve the convenience thereof.
ARTICLE 10
ALTERATIONS; SIGNS
Section 10.01 Alterations by Tenant
Tenant shall not make or cause to be made any alterations, additions or improvements to the leased
premises, or install or cause to be installed any exterior signs, floor covering interior or exterior lighting, plumbing
fixtures, shades, canopies or awnings or make any changes to the storefront, mechanical, electrical or sprinkler
systems without the prior written approval of Landlord. Tenant shall present to Landlord plans and specifications
for such work at the time approval is sought.
Section 10.02 Removal by Tenant
All alterations, decorations, additions and improvements made by Tenant shall be deemed to have attached
to the leasehold and to have become the property of Landlord upon such attachment. Upon expiration of this Lease,
Tenant shall not remove any of such alterations, decorations, additions and improvements. Landlord may, however,
designate by written notice to Tenant those alterations, decorations, additions and improvements which shall be
removed by Tenant at the expiration or termination of this Lease, and Tenant shall promptly remove the same and
repair any damage to the leased premises caused by such removal. Notwithstanding the foregoing, Tenant's trade
fixtures, furniture and business equipment which are not permanently affixed to the leased premises may be
removed at any time (provided that Tenant shall repair any damage caused to the leased premises or the Retail
Building by such removal), and, upon the expiration of the term or earlier termination of this Lease, the same shall
be removed as provided in Section 11.02(b) hereof.
Section 10.03 Signs
Tenant will not place or cause to be placed or maintained on any exterior door, wall or window of the
leased premises any advertising matter or other thing of any kind and will not place or maintain any decoration,
lettering or advertising matter on the glass of any window or door of the leased premises, or any hanging sign within
five (5) feet of any such window or door, without Landlord's prior written approval. Tenant further agrees to
maintain any such sign, awning canopy, decoration, lettering, advertising matter or other thing, as may be approved,
in good condition and repau at all times. Al] of Tenant's signs shall be governed by the criteria set forth in the
Tenant Manual.
ARTICLE 11
MAINTENANCE
Section 11.01 Landlord's Obligations for Maintenance of Leases Premises
Landlord shall (subject to reimbursement as provided in Section 9.01 hereof) keep and maintain the
foundation, exterior walls and roof of the building in which the leased premises are located and the structural
portions of the leased premises, exclusive of storefronts, windows (including plate glass windows), window frames,
doors, door frames and door closure devices, in good repair, except that Landlord shall not be called upon [o make
any such repairs occasioned by the act or negligence of Tenant, its agents, employees, invitees, licensees or
contractors, except to the extent that Landlord is reimbursed therefor under any policy of insurance permitting
waiver of subrogation in advance of loss. In the event that the leased premises require maintenance or repays for
which Landlord is responsible hereunder, Tenant shall give immediate notice thereof to Landlord and Landlord shall
not be responsible in any way for failure to perform any such maintenance or make any such repays until a
reasonable time shall have elapsed after receipt of such notice. Landlord shall not be called upon to make any other
improvements or repairs of any kind upon said premises and appurtenances, except as may be required under
Articles 18 and l9 hereof.
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Section 11.02 Tenant's Obligations for Maintenance
(a) Except as provided in Section 11.01 hereof, Tenant shall keep and maintain m good order,
condition and repair (including replacement of parts, equipment and cracked or broken glass) [he leased premises
and every part thereof and any and all appurtenances thereto wherever located, including, but not limited to the
exterior and interior portion of all doors, door frames, door checks, windows, window frames, plate glass, storefront,
floor slab, all plumbing and sewage facilities within the leased premises, including free flow up to the main sewer
line, grease traps, hair traps, fixtwes, heating and air conditioning and elecnica] systems (whether or not located in
the leased premises), sprinkler system, walls, floors, and ceilings, and all other work performed by Tenant. The
plumbing and sewage facilities serving the leased premises shall not be used for any purpose other than that for
which they are constructed, nor shall Tenant introduce any matter therein which results in blocking the said
facilities. Tenant shall be responsible for any expenses incurred in connection with any breakage, stoppage or
damage resulting from a violation of this provision by Tenant, its agents, employees, invitees, licensees or
contractors.
(b) Tenant shall keep and maintain the leased premises in a clean, sanitary and safe condition in
accordance with the laws of Colorado and m accordance with all dirzctions, rules and regulations of the health
officer, fire mazshal, building inspector, or other proper officials of the eovernmental agencies havingjwisdiction at
the sole cost and expense of Tenant, and Tenant shall comply ~.vith all requirements of law, ordinance and otherwise,
affecting the leased premises. At the time of the expiration or sooner termination of the tenancy created herein,
Tenant shall: (i) sun•ender the leased premises, including all systems covering the same, in good condition,
reasonable wear and teaz and loss by fire or other unavoidable casualty excepted; (ii) at Tenant's sole cost and
expense and in a careful manner, remove all of its wade fistwes, furniture and business equipment which are not
permanently affixed to the leased premises and repair any damage caused to the leased premises or the Retail
Building by such removal; and (iii) a[ Tenant's sole cost and expense and in a careful manner, remove its exterior
signage, restore the buIlding fascia to its condition before such signage was installed and repair any damage caused
to the leased premises or the Retail Building by such removal. Tenant shall contract for, in its own name, and shall
pay for a qualified service contractor to inspect, adjust, clean and repair the heating, ventilating and air conditioning
equipment which services the leased premises, including changing filters on a quarterly basis.
(c) Tenant shall keep the leased premises and all other parts of the Retail Building free from any and
all liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant, and agrees
to bond against or discharge any mechanic's or materialmeds lien within ten (10) days after written request therefor
by Landlord. Tenant shall reimbwse Landlord for any and all costs and expenses incurred by Landlord by reason of
the filing of any such liens and/or the removal of same, such reimbwsement to be made within ten (10) days after
receipt by Tenant from Landlord of a statement setting forth the amount thereof.
(d) Tenant shall install and maintain fire extinguishers and other fire protection devices as may be
required by any agency having jurisdiction thereof and the inswance underwriters insuring the building in which the
leased premises are located; and Tenant shall comply with all requirements of the inswance underwriters inswing
the leased premises.
(e) Tenant, its agents, employees, licensees or contractors shall not enter upon the Retail Building
roof without the Landlord's prior written consent. Any damage caused to the roof arising out of the entry by or on
behalf of Tenant shall be the responsibility of Tenant, entitling Landlord to make all necessary roof repairs and
charge the cost thereof to Tenant.
ARTICLE l2
INSURANCE
Section 12.01 Liability Insurance
Tenant shall, from the date Tenant takes possession of the leased premises until the end of the term hereof,
keep in force and effect: (a) a commercial general liability inswance policy, protecting against claims for bodily
injury, personal injury and property damage with respect to the leased premises and the business operated by Tenant
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and any other persons and entities conducting business in the leased premises, including boiler and machinery
insurance, and including product liability coverage, including but not limited to (if this Lease covers premises in
which food and/or beverages are sold and/or consumed) coverage for liability arising out of the consumption of food
and/or beverages on or obtained at [he leased premises and (if applicable to Tenant's business) liquor liability
coverage, in which the limits for bodily injury (including personal injury and contractual liability) shall be not less
than Three Million Dollars ($3,000,000.00) per occurrence, and in which the limit of property damage liability shall
be not less than Five Hundred Thousand Dollars ($500,000.00); and (b) Workers' Compensation coverage as
required by law and employer's liability insurance. The policy shall name Tenant as insured and Prime Landlord,
City, Trustee, Landlord and any other parties in interest designated by Landlord, as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance without first giving Landlord thirty (30)
days' prior written notice. All insurance required to be carried by Tenant pursuant to Article 13 of this Lease shall
be written by responsible insurance companies licensed to do business in Colorado, with a Best rating of at least A-
:VIII, and shall be primary and non-contributory with respect to any policies carried by Landlord. Any such
insurance may be famished under any blanket policy or under a sepazate policy therefor. A copy of each paid up
policy evidencing such insurance or a certi5cate of insurance certifying to the issuance of such policy shall be
delivered to Landlord prior to Tenant taking possession of the leased premises and upon renewals not less than thirty
(30) days prior to the expiration of such coverage.
Section 12.02 Property Insurance
(a) Landlord shall, during the enfue term hereof, carry insurance for fue and special extended
coverage (as determined by Landlord) insuring the improvements located within the Retail Building, including the
leased premises and all appurtenances thereto (except merchandise, trade fixtures, furnishings, equipment, plate
glass and personal property, such as signs, wall coverings, carpeting and drapes), for the full insurable value thereof
(with deductibles determined solely by Landlord), such insurance coverage to include the improvements provided by
Landlord and Tenant (except those items which Tenant is required to insure pursuant to Section 12.02(e) hereof),
and such insurance coverage may include rental insurance.
(b) The cost of the premiums for all such insurance and the expenses incurred by Landlord relative to
insurance appraisals, adjusters and reasonable insurance consultants' and attorneys' fees in connection therewith
shall be included in the costs and expenses which Tenant pays a proportionate share of pursuant to Section 9.01
hereof, and Tenant shall pay its proportionate shaze thereof in accordance with said Section 9.01. Such charges may
include the cost of premiums covering more than a single year, provided Landlord has paid the premiums reflected
io such statements.
(c) Tenant shall provide Landlord with a certificate setting forth the cost of Tenant's Work in the
leased premises promptly afrer completion thereof, and shall periodically notify Landlord of any change in the
replacement value of Tenant's Work.
(d) Tenant will not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about [he
leased premises which will contravene Landlord's policies insuring against loss or damage by Fue or other hazards
(including, without Iunitation, public liability) or which will prevent Landlord from procuring such policies in
companies acceptable to Landlord [f anything done, omitted to be done or suffered to be done by Tenant, or kept or
suffered by Tenant to be kept, in, upon or about the leased premises shall cause the rate of fire or other insurance on
the leased premises or other property of Landlord in companies acceptable to Landlord to be increased beyond the
minimum rate from time to time applicable to the leased premises for the use permitted under this Lease or to any
other property for the use or uses made thereof, Tenant will pay the amount of any increases.
(e) All property kept, stored or maintained in the leased premises shall be so kept, stored or
maintained at the risk of Tenant only. Landlord shall not be responsible or liable to Tenant for any loss or damage
that may be occasioned by or through the acts or omissions of persons or entities occupying adjoining premises or
any part of the premises adjacent to or connected with the leased premises or any part of the building of which the
leased premises are a part, or for any loss or damage resulting to Tenant or its property from bursting stoppage or
leaking of water, gas or sewer pipes or for any damage or loss of property within the leased premises from any cause
whatsoever. Tenant shall carry, at its expense, insurance against fue, vandalism, malicious mischief, and such other
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perils as are from time to time included in a standard extended coverage endorsement, inswing all merchandise,
trade fixtures, furnishings, equipment, plate glass and personal property, such as signs, wall coverings, carpeting and
drapes located on or within the leased premises, in an amount equal to not less than one hundred percent (100%) of
the full replacement cost thereof and to furnish Landlord with a certificate evidencing such coverage.
Sectiou 12.03 Covenant to Hold Harmless
Tenant will indemnify Prime Landlord, City, Trustee, and Landlord, its partners, officers, directors,
stockholders, beneficiazies, representatives, employees and agents and save it and them (for the purpose of this
Section 12.03, individually and/or collectively, "Landlord") harmless from and against any and all claims, actions,
damages, liability and expense in comtection with all losses, including loss of life, personal injury and/or damage to
property arising from or out of (a) any occurrence in, upon or at the leased premises, and (b) any Hazardous
Materials installed or introduced into the leased premises or the Retail Building by Tenant (or by others at Tenant's
sufferance or with Tenant's permission) in whole or in part. For the purpose hereof, the leased premises shall
include the service areas adjoining die same and [he loading platform area allocated to the use of Tenant [n case
Landlord shall be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold
Landlord harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by Landlord in
connection with such litigation.
Section 12.04 Notice by Tenant
Tenant shall give immediate notice to Landlord in case of fire or accidents in the leased premises or in the
building of which the leased premises are a part or of defects therein or in any fixtures or equipment.
ARTICLE 13
UTILITY CIIARGES
(a) Tenant shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity,
sewer and any other utility used upon or furnished to the leased premises. Tenant shall contract directly with and
shall be solely responsible to the public utility companies for the installation of service and the payment of all
charges For Tenant's usage of such utility services.
(b) Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain
if the quality or character of utilities used upon or furnished to the leased premises is no longer available or suitable
for Tenant's requirements, or if said utilities aze interrupted as a result of actions by the public utility companies or
any cause other than Landlord's negligence or willful default.
(c) If Tenant shall utilize substantial amounts of water, as determined by Landlord, Landlord shall
have the right to instal] a water meter, at Tenant's expense, to measure consumption of water at the leased premises.
in such event, Tenant shall pay for all water consumed and related sanitary sewer charges as shown by such meter.
(d) Tenant shall be responsible for the payment of all tap in, connection and use charges and fees
imposed by any governmental units or utility companies in connection with utility services to the leased premises.
ARTICLE 14
ATTORNMENT AND SUBORDINATION
Section 14.01 Off Set Statement
Tenant agrees within ten (10) days after request therefor by Landlord to execute in recordable form and
deliver to Landlord a statement, m writing, certifying to Landlord and/or any party designated by Landlord (a) that
this Lease is in full force and effect, (b) the commencement date, (c) that rent is paid currently without any off set or
defense thereto, (d) the amount of rent, if any, paid in advance, (e) that there aze no uncured defaults by Land]ord or
stating those claimed by Tenant, and (f) such other information as Landlord may reasonably request; provided that,
in fact, such facts are accurate and ascertainable.
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Section 14.02 Attornment
Tenant shall, in the event any proceedings are brought for the foreclosure of or in the event of exercise of
the power of sale under any mortgage made by Landlord covering the leased premises, attom to the purchaser upon
any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease.
Section 14.03 Subordination
Tenant agrees that this Lease shall, at the request of Landlord, be subordinate to any first mortgages or
deeds of trust that may hereafter be placed upon the leased premises and to any and al] advances to be made
thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof, provided the
mortgagee or trustee named in said mortgages or trust deeds shall ogee to recognize this Lease in the event of
foreclosure if Tenant is not in default. Tenant also agrees that any mortgagee or trustee may elect to have this Lease
a prior lien to its mortgage or deed of trust, and in the event of such election and upon notification by such
mortgagee or trustee to Tenant to that effect, this Lease shall be deemed prior in lien to said mortgage or deed of
trust. Tenant agrees, that upon the request of Landlord, any mortgagee or any trustee, it shall execute whatever
instruments may be required to carry out [he intent ofthis Section 14.03.
Section 14.04 Landlord's Mortgagee's Approval of [his Lease
[f Landlord's mortgagee will approve this Lease only upon the basis of modification of the terms and
provisions of this Lease, other than those provisions relating to the size and location of the leased premises, the
amount of rent and charges payable hereunder and the use for which Tenant is permitted to operate the leased
premises, Landlord shall have the right to cancel this Lease if Tenant refuses to approve in writing any such
modifications within thirty (30) days after Landlord's request therefor, which request may not be made later than
forty-five (45) days after the delivery of possession of the leased premises to Tenant. If such right to cancel is
exercised, this Lease shall thereafter be null and void, any money or security deposited hereunder shall be returned
to Tenant and neither party shall have any liability to the other by reason of such cancellation.
Section 14.05 Recognition by City
[n the event that the Landlord hereunder shall forfeit its leasehold interest to the City, as fee owner, in
connection with a default by Landlord under the City Lease, City shall recognize the rights of Tenant as a direct
obligor to the City and City shall not disturb Tenant's rights under this Lease for so long as Tenant timely perform
all of its obligations hereunder Notwithstanding anything herein to the contrary, express or implied, Tenant hereby
expressly acknowledges that if the City defaults under the City Lease or if the Prime Lease terminates for any
reason, this Lease is subject to termination.
ARTICLE 15
ASSIGNMENT AND SUBLETTING
(a) Notwithstanding any provision herein to the contrary or reference herein [o concessionaires or
subtenants or otherwise, Tenant agrees not to assign or in any manner transfer this Lease or any estate or interest
therein, and not to lease or sublet the leased premises or any part or parts thereof or any right or privilege
appurtenant thereto, and not to allow anyone to conduct business at, upon or from the leased premises (whether as
concessionaire, franchisee, licensee, permittee, subtenant, department operator or otherwise), either by voluntary or
involuntary act of Tenant or by operation of law or otherwise, without obtaining Landlord's prior written consent
thereto, which shall not be withheld unreasonably provided that any proposed assignee is A) fmaacially responsible
with a net workth equal to or greater than Tenant and Guarantor; B) will operate a retail store in the Leased Premises
that is approved by the City of Aspen's requirements (ie: space may not be used for a restaurant); and c) Tenant and
Guarantor remain liable under the Lease. Any transfer, assignment or subletting in violation of this Article I S shall
be void. Consent by Landlord to any one transfer, assignment or subletting shall not be construed as a consent by
Landlord to, or as permitting, any other transfer, assigmnent or subletting, without the prior written consent of
Landlord in each instance obtained as provided in this Lease.
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(b) The sale, issuance or transfer of any voting capital stock of Tenant or Tenant's Guarantor, if any,
or any voting capital stock of any corporate entity which duectly or indirectly controls Tenant (if Tenant or Tenant's
Guarantor, if any, or any such controlling corporate entity is a corporation the stock of which is not traded on the
New York Stock Exchange, NASDAQ or the American Stock Exchange), or any interests in any noncotporate entity
which directly or indirectly controls Tenant or Tenant's Guazantor, if any, which results in a change in the direct or
indirect voting control of Tenant, or Tenant's Guarantor, if any, shall be deemed to be an assignment of this Lease
within the meaning of this Article 15. If Tenant is a partnership, trust or an unincorporated association, then the
sale, issuance or transfer of a controlling interest therein, or the transfer of a majority interest in or a change in the
voting control of any partnership, tmst, unincorporated association, or corporation which duectly or indirectly
controls Tenant, or the transfer of any portion of any general partnership or managing interest in Tenant or in any
such entity, shall be deemed to be an assignment of this Lease within the meaning of this Article 15.
(c) ht the event Tenant shall request the consent of Landlord to any assignment or subletting, then
Tenant shall pay Landlord's reasonable attorneys' fees and processing fees incurred in connection therewith.
(d) In the event Tenant shall sublet any part of the leased premises or assign this Lease, all sums or
other economic consideration received by Tenant as a result of such subletting or assia ment, whether denominated
rental or otherwise under the sublease or assignment, which exceed the total sums which Tenant is obligated to pay
Landlord under this Lease (prorated to ret7ect obligations allocable to that portion of the leased premises subject to
such sublease) shall be payable to Landlord as additional rental under this Lease without affecting or reducing any
other obligation of Tenant hereunder.
ARTICLE 16
WASTE OR NUISANCE
Tenant shall not commit or suffer to be committed any waste upon the leased premises and shall not place a
load upon any floor of the leased premises which exceeds the floor load per square foot which such floor was
designed to carry. Tenant shall not commit or suffer to be committed any nuisance or other act or thing which may
disturb the quiet enjoyment of any other tenant in the building in which the leased premises may be located, or in the
Retail Building. Tenant shall not use or permit to be used any medium that might constitute a nuisance, such as loud
speakers, sound amplifiers, phonographs, radios, televisions, or any other sound producing device which will carry
sound outside the leased premises.
ARTICLE 17
CHANGE OF TRADE NAME
Tenant agrees to operate its business in the leased premises under Tenant's Trade Name set forth in
Section 1(i) hereof and not to change such name without the prior written approval of Landlord.
ARTICLE t8
DESTRUCTION OF LEASED PREMISES
Section 18.0] Reconstruction of Damaged Premises
(a) Zn the event the leased premises shall be partially or totally destroyed by fire or other casualty
insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage [o
the leased premises shall be promptly repaired (unless Landlord shall elect not to rebuild as hereinafter provided),
and the fixed minimum annual rental and other chazges shall be abated in proportion to the floor area of the leased
premises rendered untenantable. Payment of full rental so abated shall cottmtence and Tenant shall be obligated to
reopen for business on the 30th day following the date that Landlord advises Tenant that the leased premises aze
tenantable, unless Tenant opens at an earlier time in the damaged azea or remains open in such azea following
destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the
date of Tenant's earlier reopening. To the extent applicable, Landlord shall reconstruct the leased premises in
accordance with the working drawings originally approved by Landlord or (at Landlord's sole election) with new
drawings prepared by Tenant and acceptable to Landlord and Tenant, and in all other respects consistent with
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Landlord's then applicable standards for the Retail Building. In no event shall Landlord be required to repair or
replace any merchandise, trade fixtures, furnishings, equipment, plate glass, signs and/or personal property
(including but not limited to wall coverings, carpeting and drapes). If Landlord repairs or rebuilds, Tenant, at
Tenant's sole cost, shall repair or replace all merchandise, trade fixtures, furnishings, equipment, plate glass, signs
and personal property (including but not limited to wall coverings, carpeting and drapes) in a manner and to at least
a condition equal to that prior to the damage or destruction thereof.
(b) [f (i) more than thirty-five percent (35%) of the floor area of the Retail Building shall be damaged
or destroyed by fire or other casualty, or (ii) dwing the last three (3) years of the term hereof more than twenty-five
percent (25%) of the floor area of the leased premises or of the Retail Building shall be damaged or destroyed by fue
or other casualp~, or (iii) all or any part of the Retail Building are damaged or destroyed at any time by the
occurrence of any risk not insured under the insurance carried by Landlord, then Landlord may terminate this Lease
by giving written notice to Tenant within ninety (90) days after the occurrence of such damage or destruction.
Section 18.02 Waiver of Subrogation
Landlord and Tenant shall each be released from any liability resulting from damage by fire or casualty
(uTespective of the cause of such fire or casualty), upon the express proviso that if at any time their respective
insurers shall refuse to permit waivers of subrogation, Landlord or Tenant may in each instance revoke said waiver
o[ subrogation effective thirty (30) days from the date of notice to the other unless, within such thirty (30) day
period, the other is able to secure and furnish, without additional expense, insurance in other companies with such
waiver of subrogation, or if such waiver can only be obtained at additional expense, if the other agrees to pay such
additional expense_
ARTICLE 19
EMINEtYT DOMAIN
Sectioo t9A1 Total Condemnation
[f the entire leased premises shall be taken by any public authority under the power of eminent domain, or
by deed in lieu thereof, then the term of this Lease shall cease as of the day possession shall be taken by such public
authority and the rent shall be paid up to that day with a proportionate refund by Landlord of such rent as may have
been paid in advance for a period subsequent to the date of the taking.
Section 19.02 Partial Condemnation
[f less than the whole but more than hventy-five percent (25%) of the leased premises shall be taken under
eminent domain, Tenant shall have the right either to terminate this Lease, or, subject to Landlord's right of
termination as set forth below, to continue in the possession of the remainder of the leased premises, and shall notify
Landlord in writing within ten (10) days after such taking of Tenant's intention. In [he event Tenant elects to remain
in possession, all of the terms herein provided shall continue in effect, except that the fixed minimum annual rental
shall be reduced in proportion to the amount of the leased premises, if any, taken and Landlord shall, at its own cost
and expense, make all the necessary repairs or alterations to the basic building, as originally installed by Landlord,
so as to constitute the remaining leased premises a complete architectmal unit. If twenty-five percent (25%) or less
of the leased premises shall be so taken, the lease term shall cease only on the part so taken as of the day possession
shall be taken by such public authority and Tenant shall pay rent up to that day, with an appropriate refund by
Landlord of such rent as may have been paid ht advance for a period subsequent to the date of [he taking, and
thereafter the fixed minimum annual rental shall be reduced in proportion to the amount of the leased premises
taken. Landlord shall make all necessary repairs or alterations to the basic building, as originally installed by
Landlord, so as to constitute the remaining leased premises a complete architectural unit. If more than fifty percent
(50%) of the buildmg in which the leased premises are located or more than fifty percent (50%) of the leased
premises shall be taken under power of eminent domain, Landlord may, by written notice to Tenant delivered on or
before the date ofstmendering possession [o the public authority, terminate this Lease.
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Section 19.03 Damages
All damages awarded for such taking, whether for the whole or a part of the leased premises, shall belong
to and be the property of Landlord whether such damages shall be awarded as compensation for diminution m value
to the leasehold or to the fee of the leased premises, provided that Landlord shall not be entitled to the awazd made
for depreciation to or cost of removal of Tenant's stock and fixtures.
ARTICLE 20
DEFAULT
Section 20.01 Tenant's Default; Right to Re-Enter
(n the event of any.failure of Tenant to pay any rental or other charges due hereunder within five (5) days
after the same is due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be
observed or performed by Tenant for more than fifteen (I S) days after notice of such default to Tenant, or if Tenant
shall abandon the leased premises, or permit this Lease to be taken under any writ of execution, then Landlord,
besides other rights or remedies it may have, shall have the right to terminate this Lease and/or shall have the
irmnediate right of re entry and may remove all persons and property from the leased premises and such property
may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, without
notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or
damage which may be occasioned thereby. In the event Tenant shall not remove its property from the leased
premises within five (5) days after Tenant has vacated the leased premises, then such property shall be deemed
abandoned by Tenant and Landlord may dispose of the same without liability to Tenant.
Section 20.02 Right to Relet
Should Landlord elect to re enter, as herein provided, or should it take possession pursuant to legal
proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to
time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the
]eased premises, and relet the leased premises or any part thereof for such term or terms (which may be for a term
extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as
Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals and other sums received by
Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due
hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including
reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of
rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied m
payment of future rent as the same may become due and payable hereunder. If such rentals and other sums received
from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant
shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re entry or
taking possession of the leased premises by Landlord shall be construed as an election on its part to terminate this
Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a
court of competent jurisdicCion. Notwithstanding any such reletting without termination, Landlord may at any time
thereafter elect to terminate this Lease for such previous breach. Should Landlord a[ any time terminate this Lease
for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur
by reason of such breach, including the cost of recovering the leased premises, reasonable attorneys' fees, and
including the worth at the tune of such termination of the excess, if any, of the amount of rent and charges reserved
in this Lease for the remainder of the stated term over the then reasonable rental value of the leased premises for the
remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord.
In determining the percentage rent which would be payable by Tenant hereunder for the balance of the term, the
annual percentage rent for each year of the unexpired term shall be equal to the average annual percentage rent paid
and/or payable by Tenant with respect to the period from the commencement of the term to the time of default, or
with respect to the preceding three (3) full lease yeazs, whichever period is shorter.
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Section 20.03 Legal Expenses
In case suit shall be brought or attorney otherwise consulted, for recovery of possession of the leased
premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the
breach of any other covenant herein contained on the part of Tenant to be kept and performed, and a breach shall be
established, Tenant shall pay to Landlord all expenses incurred therefor, including court costs, the costs of expert
witnesses and a reasonable attorneys' fee.
Section 20.04 Remedies Not Exclusive; Waiver of Right of Redemption
Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law
or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or
future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining
possession of the leased premises, by reason of the violation by Tenant of any of the covenants and conditions of
this Lease or otherwise.
Section 20.05 Waiver of Jury Trial and Counterclaim
The parties hereto hereby waive trial by jury in any action, proceeding or counterclaim brought by either of
them against the other on any matters connected with this Lease, the relationship of Landlord and Tenant, Tenant's
use or occupancy of the leased premises andlor any claim of injury or damage. In the event Landlord commences
any proceedings for nonpayment of rent, Tenant shall not interpose any counterclaim in any such proceeding, unless
the failure to raise the same would constitute a waiver thereof. This shall not, however, be construed as a waiver of
Tenant's right to assert such claims in any separate action brought by Tenant.
Section 20.06 Curing of Tenant's Default by Landlord
Notwithstanding anything herein contained to the contrary, if Tenant shall be in default in the performance
of any of the terms or provisions of this Lease and if Landlord shall give to Tenant notice in writing of such default
specifying the nature thereof, and if Tenant shall fail to cure such default within the time provided in Section 20.01
hereof or immediately if such default requires emergency action, Landlord may, in addition to its other legal and
equitable remedies, cure such default for the account of and at the cost and expense of Tenant, and the sums so
expended by Landlord, including reasonable legal fees, shall be deemed to be additional rent and shall be paid by
Tenant on the day when rent shall next become due and payable.
ARTICLE 21
LANDLORD'S RIGHT OF ENTRY
Landlord or Landlord's agent shall have the right to enter the leased premises at all reasonable times to
examine same, and to show them to prospective purchasers or mortgagees of the building, and to make such repairs,
alterations, improvements or additions as Landlord may deem necessary or desirable, and Landlord shall be allowed
to take all material into and upon the leased premises that may be requved therefor without the same constituting an
eviction of Tenant in whole or in part, and the rem reserved shall in no wise abate while said repairs, alterations,
improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise.
ARTICLE 22
TAXES ON TENANT'S PROPERTY
Tenant shall be responsible for and shall pay before delinquency all municipal, county, state and federal
Lazes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned
by or placed in, upon or about the leased premises by Tenant.
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ARTICLE 23
HOLDING OVER
Section 23.01 Holding Over
Any holding over after the expiration of the term of this Lease with the consent of Landlord, shall be
construed to be a tenancy from month to month, terminable upon thirty (30) days' notice, at the minimum rent of
seven percent (7%) per day of the then current monthly fixed minimum annual rental provided for in Section 3.01
hereof together with all other rental and charges herein provided and shall otherwise be on the terms and conditions
herein specified, so far as applicable. In the event Tenant remains in possession of the leased premises after the
expiration of the term of this Lease without Landlord's consent, then, in addition to any and all rights Landlord may
have as a result thereof, Tenant shall also pay to Landlord all damages sustained by Landlord as a result of retention
of possession by Tenant, including but not limited to the loss of any proposed subsequent tenant for any portion of
the leased premises.
Section 23.02 Successors
All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and
bind the several respective heirs, executors, administrators, successors, and assigns of the said parties; and if there
shall be more than one Tenant, they shall all be boundjointly and severally by the terms, covenants and agreements
herein. No rights, however, shall mwe to the benefit of any assignee of Tenant unless the assignment to such
assignee has been approved by Landlord in writing as provided in Article 15 hereof.
ARTICLE 24
RULES AND REGULATIONS
Tenant agrees to comply with and observe all rules and regulations established by Landlord from time to
time, provided the same shall apply uniformly to all tenants of the Retail Building.
ARTICLE 25
QUIET ENJOYMENT
Upon payment by Tenant of the rents herein provided, and upon the observance and performance of all the
covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly
hold and enjoy the leased premises for the term hereby demised without hindrance or interruption by Landlord or
any other person or entity lawfully or equitably claiming by, through or under the Landlord, subject, nevertheless, to
the terms and conditions of this Lease, the City Lease and the Prime Lease.
ARTICLE 26
SECURITY
Landlord acknowledges receipt of Tenant's check in the sum set forth in Section 1(k) hereof (provided that
such check shall not be deemed payment until honored and paid by the drawee), which sum is to be retained as
secwity for the faithful performance of all covenants, conditions and agreements of this Lease, but in no event shall
Landlord be obliged to apply the same upon rents or other charges in arrears or upon damages for Tenant's failure to
perform said covenants, conditions and agreements; Landlord may so apply the secwity, at its option; and
Landlord's right to the possession of the leased premises for nonpayment of rent or for any other reason shall not be
affected by reason of the fact that Landlord holds this secwity. The said sum, if not applied towazd the payment of
rent in attears or toward the payment of damages suffered by Landlord by reason of Tenant's breach, is to be
returned to Tenant without interest when this Lease is terminated, according to these terms, and in no event is the
said security to be returned until Tenant has vacated the leased premises and delivered possession to Landlord in the
condition required hereunder. [tt the event that Landlord repossesses itself of the leased premises because of
Tenant's default or because of Tenant's failwe to carry out the covenants, conditions and agreements of this Lease,
Landlord may apply said security upon all damages suffered to the date of said repossession and may retain said
secwity to apply upon such damages as may be suffered or shall accrue thereafter by reason of Tenant's default or
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breach. Landlord shall not be obliged to keep said security as a sepazate Cund, but may mix said security with its
own funds.
ARTICLE 27
MISCELLANEOUS
Section 27.01 Waiver
One or more waivers of any covenant or condition shall not be construed as a waiver of a subsequent
breach of the same covenant or condition, and the consent or approval to or of any act requiring consent or approval
shall not be deemed to render unnecessary consent or approval to or of any subsequent similar act. No breach of a
covenant or condition shall be deemed to have been waived unless such waiver be in writing.
Section 27.02 Entire Agreement
This Lease and the Exhibits attached hereto and forming a part hereof set forth all the covenants, promises,
agreements, conditions and understandings between Landlord and Tenant concerning the (eased premises and there
are no other covenants, promises, agreements, conditions or understandings, either oral or written, between them.
No alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced
to writing and signed by each party.
Section 27.03 Interpretation and Use of Pronouns
Whenever the singulaz number is used, it shall include the plural, and the masculine gender shall include
the feminine and neuter genders. If any language is deleted from this Lease, said language shall be deemed to have
never appeared and no other implication shall be drawn therefrom.
Section 27.04 Delays
In the event that either party hereto shall be delayed or hindered in or prevented from the performance of
any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, adverse weather conditions, restrictive governmental laws or regulations, riots, insurrection, waz or other
reason of a like nature not the fault of the party delayed in performing the work or doing the acts required under the
terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such delay. The provisions of
this Section 27.04 shall not operate to excuse Tenant from prompt payment of rent or any other payments required
by the terms of this Lease.
Section 27.05 Notices
Unless specifically stated to the contrary in this Lease, any notice, demand, request, consent, approval or
other instrnment which may be or is required to be given under this Lease shall be in writing, shall be sent by United
States certified mail, return receipt requested, postage prepaid, or by recognized overnight delivery service (provided
that such service is able to provide evidence of receipt or refusal of delivery), shall be deemed to have been given
upon receipt (or refusal to receive), and shall be addressed (a) if to Landlord, to the address set forth in
Section I(l)(i) hereof, or such other address as Landlord may designate by written notice, and (b) if to Tenant, to the
address set forth in Section 1(m)(i) hereof, or such other address as Tenant shall designate by written notice.
Section 27.06 Captions and Section Numbers
The captions, section numbers, article numbers, and index appearing in this Lease aze inserted only as a
matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or
articles of this Lease nor in any way affect this Lease.
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Section 27.07 Broker's Commission
Each of the parties represents and warrants that there are no claims for brokerage commissions or fmder's
fees in connection with the execution of this Lease, and each of the parties agrees to indemnify the other against, and
hold it harmless from, all liabilities arising from any such claim including, without limitation, the cost of counsel
fees in connection therewith.
Section 27.08 Recording
Tenant shall not record this Lease without the consent of Landlord; however, upon the request of either
party hereto, the other patty shall join in the execution of a memorandum or "short form" of this Lease for the
purposes of recordation. Said memorandum or short form of this Lease shall describe the parties, the leased
premises, [he term of this Lease, any special provisions, and shall incorporate this Lease by reference.
Section 27.09 Furnishing of Financial Statements
Upon Landlord's written request, Tenant shall promptly furnish Landlord, from time to time, financial
statements reflecting Tenant's and any Guazantor's current financial condition.
Section 27.10 Transfer of Landlord's Interest
In the event of any transfer or transfers of Landlord's interest in the leased premises, the transferor shall be
automatically relieved of any and all obligations accruing from and after the date of such transfer, including, but not
limited to, any obligation with respect to the security deposit referred to in Article 26 hereof upon assignment of
same to [he transferee, provided that (a) the interest of the transferor, as Landlord, in any funds then in the hands of
Landlord in which Tenant has an interest shall be turned over, subject to such interest, [o the then transferee; and (b)
notice of such transfer shall be delivered to Tenant. No holder of an instrument to which this Lease is or may be
subordinate shall be responsible in connection with the security deposited hereunder, unless such holder shall have
actually received the security deposited hereunder.
Section 27.11 Floor Area
As used in this Lease "floor area" means, with respect to the leased premises and with respect to each store
area separately leased, the number of square feet of floor space on all floor levels, excluding any mezzanines and
other non-ground floor areas which are not used for selling purposes, measured from the exterior faces of exterior
walls, storefronts, walls fronting any malls, corridors and service areas, and the center line of party walls. No
deduction or exclusion from floor area shall be made by reason of columns, stairs, elevators, escalators, shafts or
other mtzrior construction or equipment.
Section 27.12 Interest on Past Due Obligations
Any amount due hereunder which is not paid when due shall bear interest at a rate per annum equal to the
lesser of. (i) five percent (5%) above the so-called "prime rate" published in The Wall Street Journal, as the same
may change from time to time; and (ii) the highest rate legally permitted to be charged, but the payment of such
interest shall no[ excuse or cure any default under this Lease.
Section 27.13 Liability of Landlord
If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord's part to be
performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such
judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied
thereon against the right, title and interest of Landlord in the Retail Building and out of rents or other income from
such property receivable by Landlord, or out of the consideration received by Landlord from the sale or other
disposition of all or any part of Landlord's right, title and interest in the Retail Building, and neither Landlord nor the
OAKLAND/1342708.1 Aspeq Colorado -Isis Building
8/29/2007 Lease - Fortn
20
general partner or any of the other partners comprising the partnership which is the Landlord herein, nor any
shareholder, hvstee, officer, employee or agent thereof, shall be liable for any deficiency.
Section 27.14 Accord and Satisfaction
No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be
deemed to be other than on account of the eazliest stipulated rent, nor shall any endorsement or statement on any
check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction and Landlord
shall accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or
pursue any other remedy in this Lease provided.
Section 27.15 Execution of Lease; No Option
The submission of this Lease to Tenant shall be for examination purposes only, and does not and shall not
constitute a reservation of or option for Tenant to lease, or otherwise create any interest of Tenant in the leased
premises or any other premises situated in the Retail Building. Execution of this Lease by Tenant shat] be
irrevocable. The return to Landlord of Tenant executed copies of this Lease shall not be binding upon Landlord,
notwithstanding any preparation or anticipatory reliance or expenditures by Tenant or any time interval, until
Landlord has in fact executed and actually delivered a fully executed copy of this Lease to Tenant.
Section 27.16 Governing Law
This Lease shall be governed by, and construed in accordance with, the laws of the State of Colorado. [f
any provision of this Lease or the application thereof to any person, entity or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each provision of this Lease
shall be valid and enforceable to the fullest extent permitted by the law.
Section 27.17 Mortgagee Protection
Tenant agrees to give any Mortgagee(s), by registered mail, a copy of any notice of default served upon the
Landlord, provided that prior to such notice, Tenant has been notified, in writing (by way of Notice of Assignment
of Rents and Leases, or otherwise), of the address of such Mortgagee(s). Tenant further agrees that if Landlord shall
have failed to cure such default within the time provided for in this Lease, then the Mortgagee(s) shall have an
additional thirty (30) days within which to cure such default or if such default cannot be cured within that time, then
such additional time as may be necessary if within such thirty (30) days, any Mortgagee has commenced and is
diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of
foreclosure proceedings, if necessary, to effect such cure), in which event this Lease shall not be terminated while
such remedies are being so diligently pursued.
SIGNATURES BEGIN THE NEXT PAGE
OAKLAND/7342708.1 Aspen, Colorado -Isis Building
8/29/2007
Leaze - Fortn
21
written.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the day and yeaz fast above
WITNESSES:
STATE OF COLORADO )
ss.
COUNTY OF )
ISIS PROPERTY GROUP, LLC,
a Colorado limited liability company
By: Courtney Lord
Its: Manager
"Landlord"
On this _ day of , 2007, before me personally appeazed Courtney Lord, to me
personally known, who, being by me duly sworn, did say that he is the Manager of Isis Property Group, LLC, a
Colorado limited liability company, and that said instrument was signed in behalf of said limited liability company
and said signatory acknowledged before me said instrument to be the free act and deed of said limited liability
company.
Print
Notary Public, State of Colorado, County of
My Commission Expires:
Acting in the County of
OAKLAND/1342708.1 Aspen, Colorado-Isis Building
8/29/2007 Lease -Form
22
~-
Peter Lik Asnen, LLC
a Nevada Limited Liability Company
By: Peter Lik
[ts: Manager
By: Shane Stephens
Its: ~-
"Tenant"
ACKNOWLEDGMENT OF CORPORATE TENANT
STATE OF -~~-'«' y,-QLL _ )
ss.
COUNTY OF ('~,~ )
r
On this ~ da of I `J1 ~ jYLb,~t' 007, before me
Y,~ ~ i ~,. y ti /~ 2 personally appeared
~ r " ` "~[js to me personally known, who, being by me duly sworn, did say that he is the
%dl ~ ~ ~~~~ : ~ f ~ar~;G_' ~?;e~L~;.i,i~ , a fUPnt~'ili~L ~';n,>er~~,;t_i~/l~1 t°.n and that said
ins nt was signed in behalf of said company and said signatory acknowledged before me~said instrument to be
the free act and deed of said company. 1
~~~' ~
SANDRA EDDY
=- Nc„rv °ublic, State rf Nevada
Apr~~rnrnenr tUO.962f~01
Afiy r•,H$)i. [i;tiii:_ rL. 7.2009
Pont Name: -~ h ~ !"
Notary Public State of A OA/. /(r~
County of
My Commission Expires: moo
Acting in the County of /
AsQeq Cobrado-Isis Building
Lease -Form
23
OAKLAND/1342708.1
8/292007
GUARANTY
Annexed to and forming a part of Lease dated October`, 2007, by and between Isis Property
Group, LLC, a Colorado limited Lability company, as Landlord, and Peter Lik USA a Nevada Limited
Liability Company as Tenant.
The undersigned, Peter Lik USA, LLC a Nevada Limited Liability Company (hereinafter also
sometimes referred to as the "Guarantor" or "Guarantor(s)"), whose address is 4250 Wagon Trail Avenue,
Las Vegas, NV 89118 in consideration of the leasing of the leased premises described in the annexed
Lease ("Lease") to the above named Tenant ("Tenant"), does hereby covenant and agree as follows:
A. -The undersigned does hereby absolutely, unconditionally and irrevocably guarantee the
full, faithfiil and timely payment and performance by Tenant of all of the payments,
covenants and other obligations of Tenant under or pursuant to the Lease. If Tenant shall
default at any time in the payment of any rent or any other sums, costs or chazges
whatsoever, or in the performance of any of the other covenants and obligations of
Tenant, under or pursuant to the Lease, then the undersigned, at its expense, shall on
demand of said Landlord ("Landlord") fully and promptly, and well and truly, pay all
rent, sums, costs and charges to be paid by Tenant, and perform all the other cavenants
and obligations to be performed by Tenant, under or pursuant to the Lease, and in
addition shall on Landlord's demand pay to Landlord any and all sums due to Landlord,
incl rding (without limitation) all interest on past due obligations of Tenant, costs
advanced by Landlord, and damages and all expenses (including attorneys' fees and
litigation costs), that may arise in consequence of Tenant's default under the Lease. The
undersigned hereby waives all requirements of notice of the acceptance of this Guaranty
and all requirements of notice of breach or non-performance by Tenant.
B. The obligations of the undersigned hereunder are independent of, and may (in the event
of the bankruptcy or insolvency of Tenant) exceed, the obligations of Tenant. A sepazate
action or actions may, at Landlord's option, be brought and prosecuted against the
undersigned, whether or not any action is first or subsequently brought against Tenant, or
whether or not Tenant is joined in any such action, and thc undersigned may be joined in
any action or proceeding commenced by Landlord against Tenant arising out of, in
connection with or based upon the Lease. The undersigned waives any right to require
Landlord to proceed against Tenant or pursue any other remedy in Landlord's power
whatsoever, any right to complain of delay in the enforcement of Landlord's rights under
the Lease, and any demand by Landlord and/or prior action by Landlord of any nature
whatsoever against Tenant, or otherwise.
C. This Guazanty shall remain and continue in full force and effect and shall not be
discharged in whole or in part notwithstanding (whether prior or subsequent to the
execution hereof) any alteration, renewal, extension, modificaflon, amendment or
assignment of, or subletting, concession, franchising, licensing or permitting under, the
Lease. Without limiting the foregoing, this Guaranty shall be applicable to any
obligatiors of Tenant arising in connection with a termination of the Lease, whether
voluntary or otherwise. The undersigned hereby waives notices of any of the foregoing,
and agrees that the liability of the undersigned hereunder shall be based upon the
obligations of Tenant set forth in the Lease as the same may be altered, renewed,
extended, modified, amended or assigned.
D. The undersigned's obligations hereunder shall remain fully binding although Landlord
may have waived one or more defaults by Tenant, extended the time of performance by
Tenant, released, returned or misapplied other collateral at any time given as security for
Tenant's obligations (including other guaranties) and/or released Tenant from the
performance of its obligations under the Lease or terminated the Lease.
E. This Guaranty shall remain in full force and effa~t notwithstanding the institution by or
against Tenant, of bankruptcy, reorganization, readjustment, receivership or insolvency
proceedings of any nature, or the disaffumance of the Lease in any such proceedings or
otherwise.
If this Guaranty is signed by more than one party, or if more than one Guazanty shall be
given as security for the performance of Tenant's obligations under the Lease, then the
obligations of such patties and any other guarantors shall be joint and several, and the
release of one of such guarantors shall not release any other of such guarantors.
G. This Guaranty shall be applicable to and binding upon fire heirs, executors, admini-
strators, representatives, successors and assigns of Landlord, Tenant and the undersigned.
Landlord may, without notice, assign this Guaranty in whole or in part.
H. In the event that Landlord should institute any suit against the undersigned for violation
of or to enforce any of the covenants or conditions of this Guazanty or to enforce any
right of Landlord hereunder, or should the undersigned institute any suit against Landlord
arising out of or in connection with this Guaranty, the prevailing patty in the suit shall
receive from the other pzrty all costs and expenses paid or incurred in connection
therewith, including, without limitation, the reasonable fees of its attorney(s), to be
determined by the court and taxed as a part of the costs therein.
The undersigned hereby waives, both with respect to the Lease and with respect to this
Guazanty, any and ail rights which aze waived by Tenant under the Lease, in the same
manner as if all such waivers were fully restated herein. The liability of the undersigned
under this Guaranty is primary and unconditional.
J. The undersigned shall not be subrogated, and hereby waives any and all rights of
subrogation (if any), to any of the rights of Landlord under the Lease or otherwise, or to
or in the leased premises thereunder, which may arise by reason of any of the provisions
cf this Guaranty or by reason of the performance by the undersigned of any of its
obligations hereunder. The undersigned shall look solely to Tenant for any recoupment
of any payments made or costs or expenses incurred by the undersized pursuant to this
Guaranty.
K Any default or failure by the undersigned to perform any of its obligations under this
Guaranty shall be deemed to be an immediate default by Tenant under the Lease.
L. The execution of this Guaranty prior to execution of the Lease shall not invalidate this
Guaranty or lessen the obligations of Guarantor(s) hereunder.
"- ~/ ~- IN WITPIESS WHEREOF, the undersi~red has executed this Guaranty this 36 day of
~t/~' ~i.~ , 2007.
WITNESSES:
'~.~-~~ L 1'^C
Print Name: Peter Lik USA, LLC
A Nevada Limit,.-d Liability Company
BY: Peter Lik
Its: ''
"Guarantor' -- ~-'
E. This Guazanty shall remain in full force and effect notwithstanding the institution by or
against Tenant, of banlmtptcy, reorganization, readjustment, receivership or insolvency
proceedings of any nature, or the disaffirmance of the Lease in any such proceedings or
otherwise.
F. If this Guaranty is signed by more than one party, or if more than one Guazanty shall be
given as security for the performance of Tenant's obligations under the Lease, then the
obligations of such parties and any other guarantors shall be joint and several, and the
release of one of such guazantors shall not release any other of such guarantors.
G. This Guaranty shsll be applicable to and binding upon the heirs, executors, admini-
strators, representatives, successors and assigns of Landlord, Tenant and the undersigned.
Landlord may, without notice, assign this Guaranty in whole or in part.
H. In the event that Landlord should institute any suit against the undersigned for violation
of or to enforce any of the covenants or conditions of this Guaranty or to enforce any
right of Landlord hereunder, or should the undersigned institute any suit against Landlord
arising out of or in connection with this Guaranty, the prevailing party in the suit shall
receive from the other party all costs and expenses paid or incurred in connection
therewith, including, without limitation, the reasonable fees of its attorney(s), to be
determined by the court and taxed as a part of the costs therein.
The undersigned hereby waives, both with respect to the Lease and with respect to this
Guaranty, any and all rights which are waived by Tenant under the Lease, in the same
manner as if all such waivers were fully restated herein. The liability of the undersigned
under this Guaranty is primary and unconditional.
The undersigned shall not be subrogated, and hereby waives any and all rights of
subrogation (if any), to any of the rights of Landlord under the Lease or otherwise, or to
or in the leased premises thereunder, which may arise by reason of any of the provisions
of this Guaranty or by reason of the performance by the undersigned of any of its
obligations hereunder. The undersigned shall look solely to Tenant for any recoupment
of any payments made or costs or expenses incurred by the undersigned pursuant to this
Guaranty.
K. Any default or failure by the undersigned to perform any of its obligations under this
Cruaranty shall be deemed to be an immediate default by Tenant under the Lease.
L. 'the execution of this Guaranty prior to execution of the Lease shall not invalidate [his
Guaranty or lessen the obligations of Guarantor(s) hereunder.
IN W TNESS WHEREOF, the undersigned has executed this Guazanty this _ day of
/0 3o aoo~.
WITNESSE/i/~
rte-
T-
Print Name: Peter Lik USA, LLC
A Nevada Limited Liability Company
BY: Peter Lik
Its: u7cT~~z L/K_
"Guarantor"
MEMORANDUM
TO: Mayor and City Council
FROM: Kim Peterson
Global Warming Project Manager
THRU:
DATE OF MEMO: 12-10-07
MEETING DATE: 12-10-07
RE: Options for operating fire hearth and reducing carbon emissions.
REQUEST OF COUNCIL: Action on down town public Dwell Fire Hearth.
PREVIOUS COUNCIL ACTION: Past Actions: Council has discussed shutting down
the fire hearth before, during the passage of the Canary Action Plan. The original Canary
Action Plan called for the fire hearth to be shut off and used as a public awazeness
campaign. At the time of passage the Action Plan was modified as Council decided to
leave it n,nning while pursuing reseazch into possible alternatives.
BACKGROUND: In efforts to mitigate emissions from the fire heath, the Pazks
Department has started turning it on in November (as opposed to August) and shutting it
off in April (as opposed to May). Pazks has also limited the number of hours per day it
runs to 4hrs and 7hrs per day during the holidays. Original estimates (before the
operafing hours of the hearth were changed) of emissions from natural gas usage were
placed at 20,5225.41bs or 10.3 tons. Actual emissions from August 2006- August 2007
totaled 18,1781bs or 9 tons (or 40% of what an average Aspen household emits in one
year). The total amount of emissions from the operation of the entire Pazks department
for roughly the same time frame aze 367,3861bs or approximately 184 tons. Thus the
operation of the fire hearth causes 5.5% of the Parks Department's total GHG budget.
DISCUSSION The fire hearth has been a topic of media discussion and public concern
since it was built in 2005. At the core of the fire hearth are two symbols. The first is the
symbol and creation of a public `dwelling space', a place for people to gather, and
socialize. The second is the symbol of a natural gas consuming, polluting extravagance
that goes against the City of Aspen's stated mission of energy conservation and action in
the face of global climate change. The fire hearth, although minuscule in our emission
output, is a broken window in the City's environmental messaging.
FINANCIALBUDGET IMPACTS: Staff believes it would be possible to create a
positive public dwelling space without the negative environmental perception, however it
is important to weigh the benefits of spending money on such a project or spending it
elsewhere where emissions could be significantly reduced and public benefit increased.
ENVIRONMENTAL IMPACTS: (please see above)
RECOMMENDED ACTION and ALTERNATIVES Options for addressing the fire
hearth aze as follows:
In the short term, there are two issues to be decided, whether to leave the hearth
operational while longer-term solutions aze created. The options could be:
Leave it n,nning while continuing to reseazch alternative "dwell space"
substitutes/retrofits. If left running the city could purchase Canary Tags to offset
the emissions from natural gas usage and create signage for public education
stating the details of the offset program and the story of the fire hearth. This
option has already been discussed and was being pursued by Canary and Parks
staff.
2. Shut it down while continuing to reseazch altemative "dwell space"
substitutes/retrofits. If this option is pursued Canary and Pazks staff will create
signage for public education detailing the alternative.
In the longer term, there are several options to substitute the burning of natural gas:
3. retrofit the hearth to be fully electric and run off of zero emission hydro power
from Castle Creek and Maroon Creek. This would entail creating some sort of
heating element with the illusion of flames. Options could be to add warmed
stone benches. This option will entail some unknown expense.
4. Retrofit the fire hearth to run off of bio fuel created from recycled restaurant
oils. This option might not provide a net positive cazbon benefit as cazbon
emissions will be created in collecting, processing and burning the bio fuel.
There will also be energy required to heat the bio fuel in winter months to keep it
.from gelling. The flame may also give offthe odor of food when burned. This
option will entail considerable, unknown expense.
5. Retrofit the fire hearth to run off of methane produced by anaerobic digestion of
dog waste and horse manure. There will still be greenhouse gases produced by
the burning of methane and the collection of the waste. This option will entail
considerable, unknown expense. However, San Francisco is doing this.
Another option would be to shut the fire hearth down permanently and create a
completely environmentally friendly public dwelling space.
PROPOSED MOTION: Provide staff with direction on how to operate and refit fire
hearth to achieve Council and Canary Initiative objectives.
CITY MANAGER COMMENTS:
ATTACHMENTS:
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, City Clerk
DATE: December 5, 2007
RE: Request to Use Main Street Light Poles -Aspen Gay Ski Week
REQUEST OF COUNCIL: The Roaring Fork Gay & Lesbian Community Fund
requests Council approval to place banners on lamp posts along Main Street for their 31s`
annual Gay Ski Week January 13 to 20. See attached letter from Roaring Fork Gay &
Lesbian Community Fund.
PREVIOUS COUNCIL ACTION: In December 2001, Council adopted policies
regarding signs on public property. Section IV(E) Eligibility for Banners and Flags on
Main Street Light Posts states:
Only applicants for significant anniversaries (25, 50, 75 and 100) of local
non-profit organizations shall be eligible for consideration pursuant to this
policy. All other requests from other organizations or for other types of
events shall be forwazded to City Council.
DISCUSSION: Council has approved requests for banners on light poles for World
Cup, for X-Games, for Broncos winning the Superbowl. John Worcester, city attorney,
cautions against allowing the light poles on Main street to be used as a public forum.
Attached aze the December 18, 2000, Council minutes with a discussion regarding light
pole banner policy. Council approved a motion to only allow banners/flags on city
rights-of--way except for at least 25 year anniversaries of significant community
organizations and to allow Council to review the policy at a later date. Council also
moved to have Paepcke Pazk be the chosen location for whatever flags with one pole,
first come, first served.
At the December 3 Council meeting, Council approved, by a vote of 4 to 1, the ACRA's
request to have banners along Main Street for Food and Wine. Council also directed staff
to come back to Council with a review of the policy. There is a work session scheduled
with pazks and the special event committee January 7`h, which is the first time this policy
could be brought back to Council. As Mr. Gonzales' request points out, Gay Ski Week is
January 13`s; waiting until that work session would be too late for this banner request.
RECOMMENDED ACTION: Allowing banners on Main Street is a Council decision.
Except for significant anniversaries, Al[ other requests from other organizations or for
other types of events shall be forwarded to City Council. I suggest when Council has a
work session with the special event committee in January 2008, they affirm the
significant anniversary policy or direct staff to draft changes.
ALTERNATIVES: If Council denies this request for banners on light posts along Main
Street, they will still be able to put banners on the light poles in the commercial core.
PROPOSED MOTION: I move to allow the Roaring Fork Gay & Lesbian Community
Fund to place banners on light posts along Main street for their January 2008 event and to
direct staff to draft changes to the 2001 sign policy on public property Section N(E)
Eligibility for Banners and Flags on Main Street Light Posts.
CITY MANAGER COMMENTS:
Attachments:
Request from Roaring Fork Gay & Lesbian Community
Council Minutes -December 18, 2000
December 4, 2007
Ms. Kathryn Koch
City Clerk
City of Aspen
130 S. Galena Sheet
Aspen CO 81611
Dear Ms. Koch,
I am writing on behalf of the RoaLing Foxk Gay & Lesbian Community Fund and Aspen Gay Ski
Week. We axe looking forward to our 31'" annual event January 13-20.
To honor Aspen Gay Ski Week's longstanding cotnxniunent to the Aspen community, we officially
request the Special Events Committee allow Aspen Gay Ski Week to place ]amppost banners on all
available brackets in the commercial core/gondola area and Aspen City Council's percussion to
place banners on lampposts on Main Street.
Please note that last year was a significant anniversary fox our event and we were allowed to place
banners on Main Street under the existing policy. We axe very appreciative of the ability to do so, as
these banners were and axe a significant symbol of the support the city of Aspen places in our event
and a powerful welcome sign to our participants and sponsors.
Because of a controversy regarding a request of Aspen Gay Ski Week to place banners on Main
Street the current policy was put in place in 2001. Because we have always understood the policy
put in place due to the controversy allowed fox consideration for placement of banners on Main
Stteet for significant anniversaries only we have not requested special consideration. In light of
council's previous and recent decisions to allow other organizations to place banners on Main Street
in years not considered significant anniversaries, we now request similar consideration.
Council's approval for the past several years of the ~-Games and World Cup banners, and more
recent approval of Food & Wine Magazine Classic's banners, fox events not taking place on
significant anniversary yeazs has demonstrated flexibility and support by the city fox these important
events. We would like to ask council to do the same fox another of the community's long-standing
events, the 31" Annual Aspen Gay Ski Week.
Like these other organizations' events, Aspen Gay Ski Week has a consistent, powerful and positive
economic impact on our community as well as an important symbolic one. Gay Ski Week brings
educated and affluent attendees who return year after year creating a wonderful experience fox those
wishing to experience winter sports in Aspen and promotes Aspen as a "world-class" destination.
The average attendee spends five days in Aspen and spends thousands of dollars on hotels, meals
and shopping. This event clearly attracts a very desirable demographic to the Aspen community.
We were unaware such special consideration could be taken on this policy issue until December 3
and as out 2008 event begins January 13, we request this item be placed on council's agenda fox
Monday, December 10 as there are significant time constraints to ordering banners should council
approve this request.
We appreciate your consideration in this matter. Please help us to continue to support Aspen Gay
Ski Week.
Sincerely,
Bryan Gonzales
Executive Director
Roaring Foxk Gay & Lesbian Community Fund
Regular Meeting Aspen Citv Council December 18, 2000
by open space money will be difficult. Mayor Richards said she is willing to
have the staff explore this.
Councilman Hershey moved to continue Resolution #160, Series of 2000, to
January 22, 2001; seconded by Councilman Markalunas. All in favor,
motion carried.
LIGHT POLE BANNER POLICY
Jolm Worcester, city attorney, told Council there has been a request to allow
a non-profit group to post banner and/or flags on light posts owned by the
city on Main street.. The municipal code prohibits the erection of any signs
on public rights-of--way unless Council gives permission. Worcester noted
the city has disallowed these requests except for special circumstances; the
50~' anniversaries of the MAA, the Aspen Institute, the Skiing Company, the
super bowl win of the Broncos. Staff has turned down requests by Theatre
in the Park, HBO Comedyfest, and Vogue Comes to Aspen.
Worcester stated governmental entities may not unduly regulate First
Amendment rights. Worcester said when a Council adopts a policy allowing
use of public rights-of--way to be used for First Amendment activities, they
have opened this up to the public in general and Council cannot discriminate
between groups based on content. Worcester said his concern is that
Council ought to decide whether to allow banners and flags to be displayed
on city-owned light posts. Worcester recommended Council allow staff to
complete their 2001 work plan, which includes a policy on banners in public
rights-of--way. Worcester reminded Council they directed staff to add this to
their work plan after World Cup requested flags on Main Street. At that
time, Council agreed this was an exceptional circumstance as Aspen was
granted World Cup races after 4 years. Worcester noted the city's policy has
been to not allow annual events to celebrate their events.
Councilman Hershey said the issues of banners on public rights-of--way and
the request from the Aspen Gay and Lesbian Community ought to be two
separate issues. Councilman Hershey suggested allowing the Gay and
Lesbian Community to use the light poles as the city policy is not complete
and then establish a policy. Worcester pointed out the Municipal Code
prohibits any signs on any public right-of--way, including light posts, without
permission of City Council. Worcester said Council has granted this
permission in very limited situations. Worcester said the Aspen Gay and
21
Re¢ular Meetine Aspen City Council December 18.2000
Lesbian Community's request is to commemorate an annual event, which
does not fit the criteria as previous approvals. Worcester said if Council
allows this request, they will be put in the position of having to decide case
by case whether flags should be allowed on light poles. Worcester said he
does not want Council having to decide on content of flags on light poles.
Worcester said Council should decide whether or not to allow flags on Main
street.
Michael Younger, Aspen Gay and Lesbian Community, told Council Food
and Wine has been allowed to have flags as has Winterskol. Mayor
Richards said Winterskol is acity-sponsored event. Younger pointed out the
city's fee schedule includes a rate for installing these flags. Younger said
Gay Ski Week has been occurring in Aspen for 24 years, and a lot of people
come to town for this event. Councilman Hershey said without a policy, the
city would be allowing flags on public rights-of--way every week.
Worcester reiterated his recommendation that the city come up with a
content neutral, non-discriminatory policy for the use of city light poles for
annual events. Mayor Richards said she has dealt with this issue over the
past 10 years, and many times the city has just denied the request. The
Special Events Committee has turned this type of request down without even
bringing the request to Council. Mayor Richards said the issue is the
commercialization of Aspen, does the public want flags on Main Street 80%
of the yeaz, and the staff will become the arbitrator of who gets what week if
there are any disputes. Mayor Richards said Council has in the past
recognized significant events in local organization's development.
Mayor Richards said the city's policy should be to allow the use of public
rights-of--way for significant landmark anniversaries of local organization or
for community city-sponsored events, like Winterskol. Councilman
Mazkalunas agreed he would like to avoid commercialization. Councilman
Mazkalunas stated he wants to wait for staff s recommendation on flags,
banners and signs on flagpoles. Councilman Markalunas said there are
already too many signs on the lightpoles.
Andrew Kole suggested when the policy is set, staff consider limiting the
number of lightpoles available for banners/flags. Kole said the policy could
also state there be no verbiage on the banners or flags. Councilman Paulson
suggested designating a park to display flags of groups that are holding
events in Aspen. The city's policy could limit Main street displays to major
22
Regular Mee$ng Aspen City Council December 18, 2000
anniversaries and still have a place to put one to two flags of groups
convening in Aspen.
Someone stated Aspen has the only Gay Ski week in the United States and
allowing banners or flags would be celebrating Aspen's accepting of
diversity. Steve Barwick, city manager, noted there have been several
suggestions and that Council should let their staff write this policy, which is
in the 2001 work plan, and come back having reviewed all suggestions.
Councilman McCabe supports a moratorium on banners or flags on
lightpoles of public rights-of--way for any group. Councilman McCabe said
he would allow the US flag, Colorado flag and Aspen flag in the rights-of-
way only on National holidays. Councilman McCabe said if the policy is to
allow usage of public rights-of-way, there will be more demand than supply
and staff and/or Council will have to chose who gets to use the right-of--way.
Councilman Hershey said the city's policy has not been clear and suggested
letting the Aspen Gay and Lesbian group be able to use the rights-of--way
until there is a policy.
Bert Myrin suggested approving any request until the city has an adopted
policy. Tlus way, the city can see why type of request comes up and what
problems there may be. Mayor Richazds stated she feels flags in the public
rights-of--way should only be for significant anniversazies of a group's
history. Mayor Richazds said she does not support every group's annual
event becoming a flag exchange on Main street. Mayor Richards said
approval of any particular request before Council adopts a policy maybe
setting a precedent before the policy is adopted.
Councilman Hershey said the two issues should be separated. The policy
should be brought to Council; however, in the meantime the Aspen Gay and
Lesbian Community has a legitimate argument that the city has allowed
flags. Councilman Hershey agreed with a limited solution just for this year.
Councilman McCabe moved to ban all flags on Main street except US Flags,
Colorado flags, Aspen and Pitkin county flags; seconded by Councilman
Markalunas.
Mayor Richards said it is a good thing to be able to use the city's public
rights-of--way to celebrate significant events of locally based organizations
and to adopt a policy that would allow that. Mayor Richards said she does
23
Re¢ular Meeting Asoen Citv Council December 18, 2000
not support a policy made at this late hour banning all flags on public rights-
of-way which would eliminate those significant anniversaries of community
events. Councilman Hershey supports a compromise of one flag somewhere
on city property like Paepcke park, welcoming groups.
Councilman McCabe withdrew his motion; Councilman Markalunas
withdrew his second.
Councilman McCabe moved to put a moratorium on banners/flags on city
rights-of--way except for at least 25 year anniversaries of significant
community organizations, which will allow Council to review the policy at a
later date, and to allow traditional US Flags on holidays until refinement of
policy; seconded by Councilman Markalunas.
Worcester pointed out that is the current city policy and Council should
allow staff to come forward with a written policy.
Roll call vote; Councilmembers Paulson, no; Markalunas, yes; Hershey, no;
McCabe; yes; Mayor Richards, yes. Motion carried.
Councilman Paulson said he prefers having one place to display flags.
Councilman Hershey said this group deserves the right to put up their flags.
Councilman Paulson moved to have Paepcke Park be the chosen location for
whatever flags with one pole with recommendation from the parks
department for location of the pole for this season, first come, first served,
until community development department comes up with a policy; seconded
by Councilman Hershey.
Mayor Richards noted for the last decade the banners over Main street have
been enough for local groups. Mayor Richards said Council may have made
a mistake in allowing a more commercial use of the flagpoles for World Cup
and now is the time to correct that mistake.
Roll call vote; Councilmembers Markalunas, yes; McCabe, no; Hershey,
yes; Paulson, yes; Mayor Richards, no. Motion carved.
Councilman Hershey moved to adjourn at 11:45 p.m.; seconded by
Councilman McCabe. All in favor, motion carried.
24
xa.
MEMORANDUM
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer ~`""'
RE: Code Amendment, Municipal Code Chapter 26.415, Development
Involving The Aspen Inventory Of Historic Landmark Sites and
Structures or Development In An "H," Historic Overlay District.
Second Reading of Ordinance No. 48, Series of 2007, Continued
Public Hearing
DATE: December 10, 2007
BACKGROUND:
On September 10, 2007, City Council directed Community Development Staff to bring
forward amendments to Ordinance No. 30, Series of 2007. Ordinance No. 30 was
adopted in July and addresses the identification and protection of potential historic
resources.
On October 9, 2007, Ordinance No. 45 was adopted by City Council upon first reading.
Staff indicated that numerous changes would likely occur to the ordinance in response to
Council direction and in response to suggestions made by citizens. Staff indicated that
the amendments would be reviewed with Council at second reading. Upon consideration
of the changes, the City Attorney determined that they were significant enough in scope
to require "starting over" with first reading and publishing of the proposed ordinance.
Staff therefore withdrew Ordinance No. 45 and introduced Ordinance No. 48, Series of
2007. Said Ordinance was approved on First Reading and returned to Council for Second
Reading on November 12`h. At that time Council directed staff to include provisions for
economic hardship. During the November 26, 2007, Council meeting, staff was directed
to prepare a temporary ordinance to simplify the process, remove the complex economic
hardship provisions, maintain the "call-the-question" procedure, and prohibit designations
without owner consent during a six month time period while a citizen task force
undertakes an evaluation of the historic preservation program. Staff has amended the
proposal to include only that which is necessary to meet Council's objectives.
SUMMARY:
The proposed amendments entail narrowing the applicability of Ordinance #30 from all
properties over 30 years of age to a specific list researched by staff. Those properties
will not be permitted to undertake certain alterations or apply for building permits or land
use review until Ordinance #48 terminates or is otherwise replaced with an updated
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1
historic preservation program. Staff has included a provision for Ordinance No. 48 to
expire after 6 months unless extended by Council. Staff does have the ability to allow
maintenance and work that does not alter the historic character of the property to go
forward, as in previous iterations of this ordinance.
Staff has included the "call-the-question" procedure as it existed in previous iterations of
this ordinance. This review will continue to rely on the existing criteria for designation.
These criteria are part of the award-winning code adopted in 2000 and staff believes the
criteria continue to serve the preservation needs of the community. Because designation
criteria may be amended in the near future, staff is recommending exemption certificates
be valid for the effective period of Ordinance No. 48.
The City Attorney's Office has recommended against City Council "culling" the List and
the HPC has expressed some reluctance to perform this task. With this ordinance,
property owners continue to be able to ask for a formal determination of historic
significance by staff with any appeal being directed to HPC. In addition to the procedural
standards of appeal, the HPC be enabled to analyze the specific nature of the property and
whether it should remain on the List. This is similaz to Council's original request for
HPC to analyze the properties on the List, although it will be handled on a case-by-case
basis. HPC must hear appeals within 60 days of the appeal.
City Council has been provided with a brief summary and background information on
each of the properties listed in the proposed Ordinance and the survey methodlogy. This
summary is in a separate binder and is attached as Exhibit B.
REVIEW PROCESS:
According to Section 26.310.020, in order to amend the Code, there must be a public
hearing and recommendation from the Planning and Zoning Commission, and a public
hearing and affirmative vote by City Council. The review criteria for code amendments
are located at Section 26.310.040 and are addressed by Staff in Exhibit A to this memo.
STAFF RECOMMENDATION: Staff finds that the proposed amendment to the
Municipal Code complies with the applicable review criteria and should be approved.
RECOMMENDED MOTION: "I move to adopt Ordinance No.48, Series of 2007."
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 48, Series of 2007- December 10`h version
Exhibit A: Amendments to the Land Use Code -Staff Findings
Exhibit B: Summary of Properties (sepazate binder)
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
EXHIBIT A
Amendments to the Land Use Code
Section 26.310.040 -Standards for Review of an Amendment to the Text of Title 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does it Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does ]t Comply? YES
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
STAFF FINDING: Does it Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
STAFF FINDING: D00S It Comply? YES
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
chazacter in the City of Aspen.
STAFF FINDING: ~ Does it Comply? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process will
allow us to be more successful in protecting this character, which is vitally important
to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: D00S It COmply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. Demolition of properties before they have been properly evaluated
for historic significance is an on-going risk.
Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
ORDINANCE N0. 48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the City Council adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of landmark eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
architectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepazefurtheramendments to the historic preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which aze at least 30
years old and which, in staff s opinion aze associated with architectural styles and historical
trends which represent Aspen's first one hundred years of history, most particulazly Aspen's
development since World War II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval ofthe pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described
herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to consider
the proposed amendments to the above noted Chapter and Section on October 2, 2007, took
and considered public testimony and the recommendation ofthe Community Development Di-
rectorand recommended, by a 3-1 vote, City Council adopt proposed amendments to the land
use code by amending the text of the above noted Chapters and Sections of the Land Use
Code; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes inits entirety Section 26.415.035, Designation ofHistoric Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
Ordinance #48, Series 2007
Page 1 of 13
Second Reading Amendments - 12.10.07
Section 2: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby
amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic
Resources, which section describes the process and criteria for the Identification of Potential
Historic Resources to read as follows:
26.415.025 Potential Historic Resources
A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re-
sources (alternatively, the "List") is to prevent the loss of buildings, sites, structures or objects,
or collections of buildings, sites, structures or objects that may have historical, azchitectural,
archaeological, engineering and cultural importance, and to limit the detrimental effect of de-
velopment or demolition of these potential resources on the character of the town during the
time period that the City is undertaking revisions to the Historic Preservation Program. Pre-
serving and protecting historic resources promotes the public welfare by making Aspen a more
attractive and desirable place in which to live, work, or visit.
B. List of Potential Historic Resources. There is hereby identified a List of Potential His-
toric Resources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007,
shall constitute this List. The List shall be maintained and made available to the general pub-
lic by the Community Development Department.
C. Amendments to the List of Potential Historic Resources. No properties shall be added
to the List of Potential Historic Resources by the City of Aspen for the effective period of Or-
dinance No. 48, Series of 2007, while the City is undertaking an evaluation of the historic
preservation program and a Citizen Task Force charged with making recommendations is in
operation. Properties may be removed from the List pursuant to Section 26.415.025.E. If the
primary structure(s) on any property identified on the List of Potential Historic Resources have
been destroyed by an act of God or aze otherwise declared unsafe and ordered demolished by
the Chief Building Official, the property shall be removed from the List.
D. Applicability and Exemptions. For those properties identified on the List of Potential
Historic Resources, no alterations, no land use applications, and no building permit applica-
tions shall be undertaken by the property owner or accepted by the Community Development
Department unless removed from the List of Potential Historic Resources, pursuant to Section
26.415.025.E.
Exempt from this restriction shall be alterations, land use applications, and building permits
limited to interior remodeling, paint color selection, exterior repainting or replastering similar
to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re-
pair ofwindow glazing. The Community Development Director may exempt other such exte-
rior alterations which are determined by the Community Development Director to be mini-
mallyintrusive orreversible work that does not diminish the historic chazacter of the property.
Alterations, land use applications, and building permit applications which exclusively impact
the interior of a building shall be exempt from this Section.
Ordinance #48, Series 2007
Page 2 of 13
Second Reading Amendments -12.10.07
An owner may volunteer to have any proposed work be reviewed by the Historic Preservation
Commission pursuant to the procedures and limitations of Chapter 26.415 of the Municipal
Code, and if the work is found by HPC to be in conformance with the "City of Aspen Historic
Preservation Guidelines," an application for building permit shall be issued. Work undertaken
in conformance with the International Building Code provisions for emergency repairs, assum-
ingthat the repair matches the surrounding exterior materials and character to the extent prac-
ticable, shall be exempt from this Section.
E. Procedure to Remove a Property from the List of Potential Historic Resources. To
request the removal of a property from the List of Potential Historic Resources, a property
owner shall submit a preliminary determination application to the Community Development
Department. This request may be made by the property owner at any time, even if no devel-
opment is cunentlyproposed. The Community Development Director shall reviewthe subject
property and make a preliminary determination as to whether the property should be consid-
ered for designation on the Aspen Inventory of Historic Landmark Sites and Structures, (the
"Inventory.") The determination by the Community Development Director shall be based on
the criteria stated in Section 26.415.030.B and must be concluded within thirty (30) days after
a complete application is received from the property owner. The property owner shall be af-
forded anopportunity to review the information being considered by the Community Devel-
opmentDirector. The application for preliminary determination shall include the property ad-
dress, the owner's name, address and telephone number, a site plan or survey, photographs of
all buildings on the property and their dates of construction.
1. If, using the designation criteria of Section 26.415.030.B, the Community De-
velopment Director determines that there is insufficient evidence to believe that the
property should be considered for designation on the Inventory, or the Community
Development Director fails to make a determination within thirty (30) days of the
submission of a complete application for such a determination, the Community Devel-
opmentDirector shall issue a written Determination of No Historic Significance to the
Historic Preservation Commission.
The Historic Preservation Commission shall be provided with a copy of the Commu-
nity Development Director's determination, along with photograph(s) ofthe property
and shall have 7 days to object. If a majority of the members of HPC do not make a
written objection, the Community Development Director's written Determination of
No Historic Significance shall be issued, recorded with the Pitkin County Clerk and
Recorder, and shall exempt the property from the procedures and limitations of this
Chapter for the effective period of Ordinance No. 48, Series of 2007.
A copy of the Determination shall be provided to the property owner. The Community
Development Director shall remove the subject property from the List of Potential His-
toric Resources. The Community Development Director, the Historic Preservation
Commission, or City Council may not subsequently add the subject property to the
List of Potential Historic Resources, for the effective period of Ordinance No. 48, Se-
ries of 2007, and may not file an application for designation of the subject property or
district on the Aspen Inventory of Historic Landmark, Sites and Structures during that
period.
Ordinance #4S, Series 2007
Page 3 of 13
Second Reading Amendments -12.10.07
If a majority of the members of HPC do make a written objection, the Community De-
velopment Director's decision shall be subject to the appeal procedures of Section
26.415.025.6, Appeal of Community Development Director Decisions. The owner
shall be notified of the written objection by registered mail sent within 5 days and shall
be notified of the appeal hearing. The HPC may determine that the property shall re-
main on the List of Potential Historic Resources and that there shall continue to be a
prohibition on any alteration, land use application or building permit application af-
fecting the subject property as described in Section 26.415.025.D.
2. If, using the designation criteria of Section 26.415.030.B, the Community De-
velopment Director determines there is sufficient evidence to believe that the property
should be considered for designation on the Inventory then the Community Develop-
ment Director shall issue a written Determination of Potential Historic Significance.
The subject property shall remain on the List of Potential Historic Resources and there
shall continue to be a prohibition on any alteration, land use application or building
permit application affecting the subject property as described in Section 26.415.025.D.
The owner of the subject property aggrieved by the Community Development Direc-
tor'sdetermination may appeal the decision to the Historic Preservation Commission
pursuant to Section 26.415.025.6, Appeal of Community Development Director Deci-
sions.
F. Procedure to Confirm a Property is not included on the List of Potential Historic
Resources. To request the confirmation that a property is not included on the List of Poten-
tial Historic Resources, a property owner may submit a request to the Community Develop-
ment Department. The request shall include the name and address of the property owner and
any authorized agent acting on behalf of the owner. The confirmation letter shall indicate
whether the subject property is on the List of Potential Historic Resources, shall include acur-
rentcopy ofthe List of Potential Historic Resources, and shall confirm that the property is ex-
empt from the procedures and limitations of this Chapter for the effective period of Ordinance
No. 48, Series of 2007. The confirmation letter shall not create a vested right. Confirmation
requests may be assessed an administrative review fee. An owner of the subject property ag-
grieved bythe Community Development Director's determination may appeal the decision to
the Historic Preservation Commission pursuant to Chapter 26.415.025.6, Appeal of Commu-
nity Development Director Decisions.
G. Voluntary Designation. The City Council, the Historic Preservation Commission
and the Community Development Director may not initiate an application for designation
unless the property owner consents to designation for the effective period of Ordinance 48,
Series of 2007. An owner of a property identified on the List of Potential Historic Resources
who consents to Historic Designation may request the Community Development Director ini-
tiate anapplication for designation pursuant to Section 26415.030, Designation of Historic
Properties. An owner of the subject property who consents to designation may concurrently
submit any proposed redevelopment plans to be reviewed according to Chapter 26.415.
F. Penalties. Any owner who takes action to alter or demolish a property identified
on the List of Potential Historic Resources, including purposeful removal, change or damage
to any exterior materials, features, portions of a building, or structural members of a building
Ordinance #48, Series 2007
Page 4 of 13
Second Reading Amendments - 12.10.07
shall be subject to the penalties established in Section 26.415.140, Penalties. The Community
Development Department must demonstrate to City Council, using date stamped photographs,
that the exterior of the building has been altered after the adoption date of this ordinance in
order to apply penalties.
In addition, properties on the List of Potential Historic Resources are required to receive rea-
sonable Gaze, maintenance and upkeep as described in Section 26.415.100, Demolition by Ne-
glect.
Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac-
cording to a Development Order or Building Permit issued by the Community Development
Department, as may be required, shall not be subject to penalties.
G. Appeal of Community Development Director Decisions. An owner of a property
aggrieved by the Community Development Director's decision or determination regazding the
provisions of Section 26.415.025 may appeal the decision to the Historic Preservation Com-
mission. The notice of appeal shall be filed with the Community Development Director
within fourteen (14) days of the date of the decision or determination being appealed. Failure
to file such notice of appeal within the prescribed time shall constitute a waiver of any rights
under this Chapter to appeal any decision or determination.
1. Timing of Appeal. The Historic Preservation Commission shall consider the appeal
within sixty (60) days of the date of filing the notice of appeal or as soon thereafter as is prac-
tical under the circumstances. Notice of the appeal shall be provided by mailing to the appel-
lant.
2. Standards of Review. The Historic Preservation Commission shall decide the appeal
based solely upon the record established by the Community Development Director's review
that lead to the decision or determination. A decision or determination shall be not be reversed
unless there is a finding that there was a denial of due process, the administrative body ex-
ceededits jurisdiction or abused its discretion, or upon a finding that there is no probably cause
to believe that the criteria for landmark designation could be met.
As requested by the Historic Preservation Commission on any specific property, the Historic
Preservation Commission shall heaz and consider any input from the Community Development
Department regazding the potential historic significance of the property, may visit the property
and may consider any written material submitted by a property owner. Howeverthis is an admin-
istrative review of the decision or determination of the Community Development Department.
Although open to the public, this review shall not be deemed a public hearing and the Historic
Preservation Commission shall not take public comment during this review. The Historic
Preservation Commission's review ofthe appeal shall not be considered prejudice upon any sub-
sequent review of the property for Landmark Designation or a Site Specific Development Plan.
3. Action by the Historic Preservation Commission. The Historic Preservation Commission
may affirm or reverse the decision or determination of the Community Development Director.
The HPC may direct the Community Development Director to maintain or remove a property
from the List, based upon a finding of probably cause that the criteria for landmazk designation
Ordinance #48, Series 2007
Page 5 of 13
Second Reading Amendments -12.10.07
could be met. The decision of the Historic Preservation Commission shall require adoption of
a resolution by a simple majority.
Section 3. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
Exhibit A to this Ordinance, shall be mailed a copy of this Ordinance by registered mail, within 10
days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Department alternate or additional addresses for this information to be
mailed. (As opposed to or in addition to the address on file with the Pitkin County Assessor's
Office.)
Section 4. Effect on Existing Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pursuant to Ordinance No. 30, Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-year
period from their issuance date.
Section 5. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
• The criteria upon which designation applications aze judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20s' century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
• Strategic policy level review of the historic preservation program objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan.
The City shall not proceed with property designations without owner consent until the Policy
Task Force has made their recommendations and the City Council has considered proposed code
changes.
Section 6. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to the List of Potential Historic Resources, criteria upon which properties shall be
evaluated, reseazch papers, scoring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section 7. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms aze used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance.
Ordinance #48, Series 2007
Page 6 of 13
Second Reading Amendments - 12.10.07
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staffor review Boazds 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, as amended.
Section 8. Expiration of Ordinance.
This Ordinance shall expire six (6) months from the date of adoption unless extended by a
duly adopted Ordinance of the City Council.
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 sepazate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 10. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 11. Notice
A public hearing on the ordinance was held on November 12, 2007, continued to November 26,
2007, and continued to December 10, 2007, in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen (15) days prior to which heazing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22"d day of October, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, Special Counsel
Ordinance #4S, Series 2007
Page 7 of 13
Second Reading Amendments - 12.10.07
EXHIBIT A
ORDINANCE No. _, SERIES OF 2007
720 S. Aspen St, Holland House: Pazcel Id: 273513119001. Legal Description: EAMES
ADDITION SUBDIVISION, BLOCK 9, LOT 1 & LOT 2 DESC: & 13, & 14.
809 S. Aspen St, Shadow Mountain: Parcel Id: 273513124014; 273513124010;
273513124008; 273513124022; 273513124017; 273513124016; 273513124015;
273513124007; 273513124013; 273513124005; 273513124003; 273513124002;
273513124001; 273513124012; 273513124006; 273513124009; 273513124019;
273513124021; 273513124020; 273513124004; 273513124011, Legal Description: ALL
UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS.
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK 65,
114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Pazcel Id: 273512437012; 273512437011. Legal Description: BLOCK 65,
HOGUET CONDOMINIUMS.
970 Cemetery Ln: Pazcel Id: 273512208006. Legal Description: SNOWBUNNY
SUBDIVISION, BLOCK 1, LOT 3.
408 E. Cooper Ave: Aspen Sports Pazcel Id:2737-182-16-009, Legal Description: BLOCK
89, LOT PART OF L&M.
617 E. Cooper Ave, Aspen Square: Parcel Id: 273718243001; 273718243022;
273718243018; 273718243025; 273718243023; 273718243101; 273718243003;
273718243049; 273718243006; 273718243051; 273718243034; 273718243012;
273718243008; 273718243102; 273718243047; 273718243085; 273718243039;
273718243104; 273718243033; 273718243041; 273718243063; 273718243054;
273718243508; 273718243053; 273718243105, Legal Description: BLOCK ]O1, ALL
UNITS, ASPEN SQUARE CONDOMINIUMS.
832 E. Cooper St, Viking Lodge: Pazcel Id: 2737-182-28-007, Legal Description:
BLOCKI l 1, LOT R & S.
1001 E. Cooper Ave, Villager Townhouses: Pazcel Id: 273718234012; 273718234010;
273718233504; 273718234008; 273718234007; 273718234005; 273718234009;
273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER
TOWNHOUSE CONDOMINIUMS.
1101 E. Cooper Ave, Hildur Anderson: Parcel Id: 273718139801, Legal Description:
ANDERSON SUBDIVISION, LOT 1.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
1411 Crystal Lake Rd: Pazcel Id: 273718243004, Legal Description: RIVERSIDE PLACER
U.S.M.S. #3905 AM. SECT,TWN,RNG:18-10-84 DESC: TRACT OF LAND IN NE4 OF
SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905 AM DESC AS
FOLLOWS BEG AT A PT WH COR 9 OF SAID RIVERSIDE PLACER BEARS S 00 02'E
242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E 150 FT TH S 89 58'W
150 FT TO THE PT OF BEG SAID TRACT CONT 0.517 AC BK 244 PG 944 BK 268 PGS
26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK 511 PG 233 FROM
BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE SOUTHERN MOST
PARCEL OF LAND IN THE GORDON/CALLAHAN RESUBDIVISION.
Ordinance #48, Series 2007
Page 8 of 13
Second Reading Amendments - 12.10.07
1422-1441 Crystal Lake Rd., Aspen Club Condos: Parcel Id: 273718131001 THROUGH
273718131020; 273718131800; 273718131801, Legal Description: ALL UNITS, ASPEN
CLUB CONDOMINIUMS.
333 E. Duraut Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
555 E. Durant St, North of NeII: Pazcel Id: 273718249002 THROUGH 273 7 1 824905 8;
273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH OF
NELL CONDOMINIUMS.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description: BLOCK
63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF BLK 63
PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF THE SW4 OF
SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85 SAID PARCELS
DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST & 24.00 FT ELY OF THE
W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH N 33 DEG 03'19"E 42.21
FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E 286.57 FT TH S 6 DEG 18'51 "W
103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG 25'21 "E 52.10 FT TH S 23 DEG
21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS ST EXTENDED ELY TH N 75
DEG 09' 11 "W 288.99 FT TO THE NW COR OF BLK 64 TH N 31 DEG 00'50"W 107.29 FT
TO THE POB.
210 W. Francis Ave: Pazcel Id: 273512417005, Legal Description: BLOCK 48, LOT P & Q.
621 W. Francis St: Parcel Id: 273 5 1 424260 1 1; 2735142426012, Legal Description: BLOCK
22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Parcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Parcel Id: 273512409011, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT A.
631 S. Galena St/ 630 S. Galena/ 710 S. Galena St/ 711 S. Galena St/ 710 S. Mill St/ 1039
Waters Ave., Alpenblick: Parcel Id: 273718279001 THROUGH 273718279019;
273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS.
215 N. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
233 Gilbert St., Skier Chalet Lodge: Pazcel Id: 2735 1 3 1 1 9002, Legal Description: BLOCK
9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Parcel Id: 273512129803, Legal Descrip-
tion: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Pazcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A - C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART K,
L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO SOMETIMES
KNOWN AS LOT 9) SEC 12-10-85 DESC BY MB BK 385 PG 357 & TRACT
FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT.
122 W. Hopkins Ave: Pazcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M &
N.
Ordinance #48, Series 2007
Page 9 of 13
Second Reading Amendments -12.10.07
129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G - I.
211 W. Hopkins Ave: Pazcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F &
G.
608 W. Hopkins Ave, Madsen Chalet: Pazcel Id: 273512448005, Legal Description: BLOCK
25, LOTS Q, R & S.
700 W. Hopkins Ave: Parcel Id: 273512446015; 273512446018; 273512446012;
273512446011: 273512446021: 273512446020; 273512446022; 273512446014;
273512446013 273512446017; 273512446016; 273512446019; 273512446025;
273512446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL UNITS,
700 WEST HOPKINS CONDOMINIUMS.
720 W. Hopkins Ave., Skandia Townhomes: Parcel Id: 273512446007; 273512446009;
273512446010; 273512446008; 273512446006; 273707334006; 273512446801, Legal De-
scription: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS.
100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK 68,
LOTS K - M.
300 W. Hyman Ave., Kitzbuhl Lodge: Pazcel Id: 273512464007, Legal Description:
BLOCK 46, LOT R & S.
322 W. Hyman Ave: Parcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N &
O.
334 W. Hyman Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST MORITZ
LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K & L.
610 E. Hyman Ave: Pazcel Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Parcel Id: 273718212007, Legal Description: BLOCK
99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Pazcel Id: 273718211008 THROUGH
273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK 104,
ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: ELY 20
FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED ALLEY
ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Pazcel Id: 273 5 1 24400 1 0, Legal Description: BLOCK 51,
LOTS R & S.
220 E. Main St., Cortina Lodge: Pazcel Id: 273707320707, Legal Description: BLOCK 73,
LOTS P&Q.
420 E. Main St: Pazcel Id: 273707322801; 273707322014; 273707322015, Legal Description:
BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Station/loeal's corner: Parcel Id: 273707330005, Legal Description:
BLOCK 87, LOTS E - I.
520 W. Main St., Ullr Lodge: Pazcel Id: 273512498001 THROUGH 273512498027;
273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS
CONDOMINIUMS.
630 W. Main St., Mountain Rescue: Pazcel Id: 273 5 1 2444805, Legal Description: BLOCK
24, LOT M.
Ordinance #48, Series 2007
Page 10 of 13
Second Reading Amendments -12.10.07
730 W. Main St., Hickory House: Parcel Id: 273512445004, Legal Description: BLOCK 18,
LOTS M - P.
834 W. Main St/107 N. Seventh St., Bavarian Housing: Parcel Id: 273512380014
THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN
CONDOMINIUMS.
24 McSkimming Rd: Parcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 & 7
RIVERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84 BEING A
PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE PLACER USMS
NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID HIGHLAND
PLACER WH COR 2 OF SAID PLACER BEARS S 1 25' W 886.26 FT TH N 47 50'W 19.88
FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID R-O-W FT M/L TH S 60
OS'E 122.04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S 1 DEG 25'W TO THE
PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84.
232 McSkimming Rd: Parcel Id: 273718103007, Legal Description: BLOCK 2, LOT2,
ASPEN GROVE SUBDIVISION.
592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN
GROVE SUBDIVISION
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
765 Meadows Rd: Pazcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
SUBDIVISION.
119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description: BLOCK
80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Parcel Id: 2735121 11808, Legal Description:
BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
403 Park Ave: Pazcel Id: 273707404010 THROUGH 273707404019, Legal Description:
ALL UNITS, MARTHINSSON-NOSTDAHL CONDOMINIUMS.
411 Pearl Ct: Pazcel Id: 2735 1 2 1 10002, Legal Description: BLOCK 101, LOTS 7 & 8 & A
STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE HALF OF
THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8 HALLAM ADDITION.
434 Pearl Ct: Parcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
119 Red Mountain Rd: Pazcel Id: 273707213002, Legal Description: LOT 2, ODEN SPLIT
SUBDIVISION.
246 Roaring Fork Dr: Parcel Id: 273718120017, Legal Description: LOT 23, EASTWOOD
SUBDIVISION.
258 Roaring Fork Dr: Parcel Id: 273718120016, Legal Description: LOT26, EASTWOOD
SUBDIVISION.
850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
54 Shady Ln: Pazcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84,
TRACT OF LAND BEG AT A PT ON THE ELY R-O-W OF THE D&RGW RR (ASPEN
BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT TH E 214.6 FT TO THE
WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A CURVE TO
Ordinance #48, Series 2007
Page 11 of 13
Second Reading Amendments -12.10.07
THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.SFT TO THE CENTER
OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER CREEK ALONG THE
ARC OF A CURVE THE CHORD OF WHICH BEARS S 68 DEG 02'04""W 296.19 FT TO
THE ELY LINE OFSAID RR R-O-W TH S 08 DEG 5TE 90.6 FT ALONG THE ELY LINE
OF SAID RR R-O-W TO THE PT OF BEG LESS A TRACT CONT 0.0924 AC M/L
DEEDED TO PITKIN CO FOR RDWY DRAINAGE EASEMENT BK 554 PGS 159-161
&185 SUBJECT TO US PATENT RESERVATIONS BK 35 PG 116 R-O-W GRANTED BY
BK 29 PG 582.
69 Shady Ln: Parcel Id: 273707300012, Legal Description: BEG AT POST STANDING
ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE CENTER
OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF PARCEL OF
GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM LAND CO TH SLY
PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF THE ROARING FORK
RIVER TH FOLLOWING THEN & ET BK OF THE ROARING FORK RIVER WITH
COURSES WLY & NLY 78 FT TO S BK OF HUNTER CREEK AT ITS JUNCTION WITH
ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE PLACE OF BEG TOGETHER
WITH ALL WATER RIGHTS PERTAINING THERETO SITUATE LYING & BEING IN
SEC 7-10-84 BK 311 PG 307 BK 512 PG 253.
28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI
SUBDIVISION.
500 West Smuggler St: Pazcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A - I.
1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description:
CEDARWOOD CONDOMINIUMS, UNIT 1.
1210 Snowbunny Ln: Parcel Id: 273512218001, Legal Description: CEDARWOOD
CONDOMINIUMS, UNIT 2.
300 S. Spring St., Hannah Dustin: Pazcel Id: 273718227800; 273718227101, Legal Descrip-
tion: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN CONDOMINIUMS.
900 Stage Rd., Part of Bar X Ranch: Pazcel Id: 273502300006, Legal Description: LEGAL
DESCRIPTION TO BE DETERMINED.
219 S. Third St: Pazcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Pazcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 & 10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr Ho-
sier, Restaurant, Sculpture and Gardens: Pazcel Id: 273512129008, Legal Description:
ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id: 273512129809,
Legal Description: ASPEN MEADOWS, LOT 1 B.
700 Ute Ave., Aspen Alps: Parcel Id: 273718255001 thru -011; 273718255013 thru -017;
273718272001 thru 016; 273718239001 thru -006; 273718239061; 273718239014;
273718271001 tlu-u -009; 273718256002; 273718295001 tluu -008; 273718262001 tluv -008;
273718269001 thru -013; 273718272999; 273718244001 tlrru -008, Legal Description: ALL
UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST CONDOMINIUMS,
ASPEN ALPS NORTH, MOSES LOT SPLIT, ASPEN ALPS SOUTH.
Ordinance #48, Series 2007
Page 12 of 13
Second Reading Amendments - 12.10.07
1280 Ute Ave., Benedict Building: Pazcel Id: 273718156001 thru-003; 273718156005 tiuv -
020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131;
273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS, POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Parcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14, CALDERWOOD
SUBDIVISION.
610 S. West End St., Gant: Parcel Id: 273718267001 thru -015; 273718267017 thru -029;
273718267036thru-046; 273718267048thru-050; 273718267053t1uu-056;273718267058
tluu -067; 273718267069 thru -070; 273718267072 thru -078; 273718267080 tluu -097;
273718267100 tluu-107; 273718267109 tluu-111; 273718267113 tluv-143, Legal Descrip-
tion: ALL UNITS, GANT CONDOMINIUMS.
95 Westview Dr: Pazcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7,
KNOLLWOOD SUBDIVISION.
Ordinance #48, Series 2007
Page 13 of 13
Second Reading Amendments - 12.10.07
ORDINANCE N0. 48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the CityCouncil adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of ]andmazk eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
azchitectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepare further amendments to the historic preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which are at least 30
years old and which, in staff s opinion are associated with azchitectural styles and historical
trends which represent Aspen's first one hundred years of history, most particulazly Aspen's
development since World Waz II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval of the pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described
herein; and,
WHEREAS, the Planning and Zoning Commission held a public heazing to consider
the proposed amendments to the above noted Chapter and Section on October 2, 2007, took
and considered public testimony and the recommendation ofthe Community Development Di-
rectorand recommended, by a 3-1 vote, City Council adopt proposed amendments to the land
use code by amending the text of the above noted Chapters and Sections of the Land Use
Code; and,
WHEREAS, the geographical azea of the City of Aspen east of Castle Creek and
south of the Roazing Fork River substantially defines the perceived character of Aspen's built
environment and the buildings in this area are visibly accessible and can be appreciated by the
general public; and,
WHEREAS, multi-family buildings are typically owned by multiple parties and are
subject to heightened development exactions upon demolition and are, therefore, less likely
"' than other types of buildings to be demolished in the near future; and,
..~
JE'S VCC3lon Ordinance #48, Series 2007
Page 1
Second Reading Amendments -12.10.07
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze. °""~!
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes inits entirety Section 26.415.035, Designation of Historic Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
Section 2: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby
amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic
Resources, which section describes the process and criteria for the Identification of Potential
Historic Resources to read as follows:
26.415.025 Potential Historic Resources
A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re-
sources (alternatively, the "List") is to prevent the loss of buildings, sites, structures or objects,
or collections of buildings, sites, structures or objects that may have historical, azchitectural,
archaeological, engineering and cultural importance, and to limit the detrimental effect of de-
velopment or demolition of these potential resources on the character of the town during the
time period that the City is undertaking revisions to the Historic Preservation Program. Pre-
serving and protecting historic resources promotes the public welfare by making Aspen a more
attractive and desirable place in which to live, work, or visit.
B. List of Potential Historic Resources. There is hereby identified a List of Potential His-
toric Resources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007,
shall constitute this List. The List shall be maintained and made available to the general pub-
lic by the Community Development Department.
C. Amendments to the List of Potential Historic Resources. No properties shall be added
to the List of Potential Historic Resources by the City of Aspen for the effective period of Or-
dinance No. 48, Series of 2007, while the City is undertaking an evaluation of the historic
preservation program and a Citizen Task Force charged with making recommendations is in
operation. Properties may be removed from the List pursuant to Section 26.415.025.E. If the
primary structure(s) on any property identified on the List of Potential Historic Resources have
been destroyed by an act of God or are otherwise declazed unsafe and ordered demolished by
the Chief Building Official, the property shall be removed from the List.
D. Applicability and Exemptions. For those properties identified on the List of Potential
Historic Resources no alterations shall be undertaken by the property owner and no building
permits or land use applications for alterations, demolition or other similaz development activ-
itythat substantially alters the Potential Historic Resource maybe accepted by the Community
Development Department except as permitted pursuant to the provisions of Section
26.415.025.E. ^"
JE'S Version Ordinance #48, Series 2007
Page 2
Second Reading Amendments - 12.10.07
Exempt from this restriction shall be alterations, land use applications, and building permits
"' limited to interior remodeling, paint color selection, exterior repainting or replastering similar
to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re-
pair ofwindow glazing. The Community Development Director may exempt other such exte-
rior alterations which are determined by the Community Development Director to be mini-
mallyintrusive orreversible work that does not diminish the historic character of the property.
Alterations, land use applications, and building permit applications which exclusively impact
the interior of a building shall be exempt from this Section.
An owner may volunteer to have any proposed work be reviewed by the Historic Preservation
Commission pursuant to the procedures and limitations of Chapter 26.415 of the Municipal
Code, and if the work is found by HPC to be in conformance with the "City of Aspen Historic
Preservation Guidelines," an application for building permit shall be issued. Work undertaken
in conformance with the International Building Code provisions for emergency repairs, assum-
ingthat the repair matches the surrounding exterior materials and character to the extent prac-
ticable, shall be exempt from this Section.
E. Ninety-Day Negotiation Period. For those properties identified on the List of Potential
Historic Resources, building permits and land use applications for alterations, demolition, re-
development, orother similar development activity that substantially alters the Potential His-
toric Resource shall be accepted by the Community Development Department. Only complete
Land Use applications, as determined by the Community Development Director, shall be ac-
cepted. A letter from the property owner indicating an understanding of this ninety-day nego-
tiationperiod shall accompany the building permit or land use application. Upon acceptance,
the building permit or land use application shall not be reviewed for a period of ninety days to
allow for a period of negotiation regarding the preservation of the Resource. This period may
be extended an additional ninety (90) days upon a resolution adopted by a majority of the
Council.
Within the ninety-day negotiation period, the following shall occur:
1. The Community Development Director shall offer to meet with the property owner to
discuss the City's Historic Preservation Program and development and other benefits
that the property maybe eligible to receive upon designation as a Historic Landmark.
2. The Community Development Director shall confer with the Historic Preservation
Commission, during a public meeting, regarding the proposed building permit and the
nature of the Potential Historic Resource. The property owner shall be provided no-
tice of this meeting with the Historic Preservation Commission.
3. The Community Development Director shall confer with the City Council regarding
the proposed building permit, the nature of the Potential Historic Resource, and the
staff and Historic Preservation Commission's assessment of the Resource and the ef-
fects ofthe building permit upon the Resource. The property owner shall be provided
notice of this meeting with the City Council.
,JE'S Vel'Slott Ordinance #48, Series 2007
Page 3
Second Reading Amendments - 12.10.07
4. The City Council may negotiate directly with the property owner or may choose to di-
rectthe Community Development Director, or other City staff as necessary, to negoti-
ate with the property owner to reach a mutually acceptable agreement for the preserva-
tion ofthe Resource. The City Council may choose to provide this direction in Execu-
tive Session, pursuant to State Statute. As part of the mutually acceptable agreement,
the City Council shall require that the property be designated as a Historic Landmark,
pursuant to the standazds and limitations of Section 26.415.030, Designation of His-
toric Properties. As pazt of the mutually acceptable agreement, the City Council may
choose to require the affected building permit or land use application be withdrawn by
the property owner.
5. If, upon the passage of 90 days or any extension thereof, the City and the property
owner have failed to reach a mutually acceptable agreement, affected building permits
shall be reviewed and shall be issued upon compliance with all applicable building
codes. Affected land use applications shall be reviewed and shall be issued a Devel-
opment Order upon compliance with all applicable provisions of the City of Aspen
Land Use Code. The City Council, at its sole discretion, may choose to terminate ne-
gotiations at any time and allow the permit or land use application to be reviewed.
Nothing herein shall prevent the City from reviewing building permits or land use applications
during the ninety-day period.
If, in the opinion of the Community Development Director after completion of a building per-
mitissued pursuant to this Section, the Potential Historic Resource has been demolished or so
altered as to render the property no longer a Potential Historic Resource, the Community De-
velopment Director shall remove the property from the List of Potential Historic Resources.
F. Procedure to Confirm a Properly is not included on the List of Potential Historic
Resources. To request confirmation that a property is not included on the List of Potential
Historic Resources, a property owner may submit a request to the Community Development
Department. The request shall include the name and address of the property owner and any
authorized agent acting on behalf of the owner. The confirmation letter shall indicate whether
the subject property is on the List of Potential Historic Resources, shall include a current copy
of the List of Potential Historic Resources, and shall confirm that the property is exempt from
the procedures and limitations of this Chapter for the effective period of Ordinance No. 48,
Series of 2007, while the City is undertaking an evaluation of the historic preservation pro-
gram and a Citizen Task Force charged with making recommendations is in operation. The
confirmation letter shall not create or constitute a vested right. Confirmation requests maybe
assessed an administrative review fee. An owner of the subject property aggrieved by the
Community Development Director's determination may appeal the decision to the City Coun-
cil pursuant to Chapter 26.316, Appeals.
G. Voluntary Designation. The City Council, the Historic Preservation Commission
and the Community Development Director may not initiate an application for designation
unless the property owner consents to designation for the effective period of Ordinance 48,
Series of 2007. An owner of a property identified on the List of Potential Historic Resources
who consents to Historic Designation may request the Community Development Director ini- ,.~
..»
J~'S Ver'SiOn Ordinance #48, Series 2007
Page 4
Second Reading Amendments -12.10.07
tiate an application for designation pursuant to Section 26.415.030, Designation of Historic
'~' Properties. An owner of the subject property who consents to designation may concurrently
°- submit any proposed redevelopment plans to be reviewed according to Chapter 26.415.
H. Penalties. Any owner who takes action to alter or demolish a property identified
on the List of Potential Historic Resources, including purposeful removal, change or damage
to any exterior materials, features, portions of a building, or structural members of a building
shall be subject to the penalties established in Section 26.415.140, Penalties. The Community
Development Department must demonstrate to City Council, using date stamped photographs,
that the exterior of the building has been altered after the adoption date of this ordinance in
order to apply penalties.
In addition, properties on the List of Potential Historic Resources are required to receive rea-
sonablecare, maintenance and upkeep as described in Section 26.415.100, Demolition by Ne-
glect.
Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac-
cording to a Development Order or Building Permit issued by the Community Development
Department, as may be required, shall not be subject to penalties.
Section 3. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
"°' Exhibit A to this Ordinance, shall be mailed a copy of this Ordinance by registered mail, within 10
~... days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Department alternate or additional addresses for this information to be
mailed. (As opposed to or in addition to the address on file with the Pitkin County Assessor's
Office.)
Section 4. Effect on Existing Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pursuant to Ordinance No. 30, Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-year
period from their issuance date.
Section 5. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
• The criteria upon which designation applications are judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20s' century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
JE's Version Ordinance #48, Series 2007
Page 5
Second Reading Amendments - 12.10.07
• Strategic policy level review of the historic preservation program objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan. ..+~,
The City shall not proceed with property designations without owner consent until the Policy ,,,„~
Task Force has made their recommendations and the City Council has considered proposed code
changes.
Section 6. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to the List of Potential Historic Resources, criteria upon which properties shall be
evaluated, reseazch papers, scoring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section 7. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms aze used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance.
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staffor review Boazds 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, as amended.
Section 8. Exairation of Ordinance.
This Ordinance shall expire six (6) months from the date of adoption unless extended by a
duly adopted Ordinance of the City Council.
Section 9. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 10. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 11. Notice
A public hearing on the ordinance was held on November 12, 2007, continued to November 26,
2007, and continued to December 10, 2007, in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
JE'S Version Ordinance #48, Series 2007
Page 6
Second Reading Amendments - 12.10.07
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
""' Council of the City of Aspen on the 22nd day of October, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, Special Counsel
,TE'S VeCSiOn Ordinance #48, Series 2007
Page 7
Second Reading Amendments - 12.10.07
EXHIBIT A
ORDINANCE # 48, SERIES OF 2007
809 S. Aspen St, Shadow Mountain: Parcel Id: 273513124014; 273513124010;
273513124008; 273513124022; 273513124017; 273513124016; 273513124015;
273513124007; 273513124013; 273513124005; 273513124003; 273513124002;
273513124001; 273513124012; 273513124006; 273513124009; 273513124019;
273513124021; 273513124020; 273513124004; 273513124011, Legal Description: ALL
UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS.
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK
65, 114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Parcel Id: 273 5 1 243 70 1 2; 273512437011. Legal Description: BLOCK
65, HOGUET CONDOMINIUMS.
970 Cemetery Ln: Parcel Id: 273512208006. Legal Description: SNOWBUNNY
SUBDIVISION, BLOCK 1, LOT 3.
408 E. Cooper Ave: Aspen Sports Pazcel Id: 2737-182-16-009, Legal Description:
BLOCK 89, LOT PART OF L&M.
617 E. Cooper Ave, Aspen Square: Pazcel Id: 273718243001; 273718243022;.
273718243018; 273718243025; 273718243023; 273718243101; 273718243003;
273718243049; 273718243006; 273718243051; 273718243034; 273718243012;
273718243008; 273718243102; 273718243047; 273718243085; 273718243039;
273718243104; 273718243033; 273718243041; 273718243063; 273718243054;
273718243508; 273718243053; 273718243105, Legal Description: BLOCK 101, ALL
UNITS, ASPEN SQUARE CONDOMINIUMS.
832 E. Cooper St, Viking Lodge: Parcel Id: 2737-182-28-007, Legal Description:
BLOCKl l 1, LOT R & S.
1001 E. Cooper Ave, Villager Townhouses: Parcel Id: 273718234012; 273718234010;
273718233504; 273718234008; 273718234007; 273718234005; 273718234009;
273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER
TOWNHOUSE CONDOMINIUMS.
1101 E. Cooper Ave, Hildur Anderson: Parcel Id: 273718139801, Legal Description:
ANDERSON SUBDIVISION, LOT 1.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
1411 Crystal Lake Rd: Parcel Id: 273 7 1 8243 004, Legal Description: RIVERSIDE
PLACER U.S.M.S. #3905 AM. SECT,TWN,RNG:18-10-84 DESC: TRACT OF LAND
IN NE4 OF SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905
AM DESC AS FOLLOWS BEG AT A PT WH COR 9 OF SAID RIVERSIDE PLACER
BEARS S 00 02'E 242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E
150 FT TH S 89 58'W 150 FT TO THE PT OF BEG SAID TRACT CONT 0.517 AC BK
244 PG 944 BK 268 PGS 26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK
51 ] PG 233 FROM BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE
SOUTHERN MOST PARCEL OF LAND IN THE GORDON/CALLAHAN
RESUBDIVISION.
- Exhibit A
citylimits_all.doc
Page l of 6
1422-1441 Crystal Lake Rd., Aspen Club Condos: Parcel Id: 273718131001
THROUGH 273718131020; 273718131800; 273718131801, Legal Description: ALL ^"'~.
UNITS, ASPEN CLUB CONDOMINIUMS. ~.~»
333 E. Durant Ave., Mountain Chalet: Pazcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
555 E. Durant St, North of Nell: Pazcel Id: 273718249002 THROUGH 273718249058;
273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH
OF NELL CONDOMINIUMS.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description:
BLOCK 63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF
BLK 63 PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF
THE SW4 OF SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85
SAID PARCELS DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST &
24.00 FT ELY OF THE W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH
N 33 DEG 03'19"E 42.21 FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E
286.57 FT TH S 6 DEG 18'51 "W 103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG
25'21 "E 52.10 FT TH S 23 DEG 21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS
ST EXTENDED ELY TH N 75 DEG 09'11 "W 288.99 FT TO THE NW COR OF BLK 64
TH N 31 DEG 00'50"W 107.29 FT TO THE POB.
210 W. Francis Ave: Parcel Id: 273512417005, Legal Description: BLOCK 48, LOT P &
Q~
621 W. Francis St: Parcel Id: 2735142426011; 2735142426012, Legal Description:
BLOCK 22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Pazcel Id: 273512409012, Legal Description: BLOCK 21, STARRI ^R
CONDOMINIUMS, UNIT B. '~'
626 W. Francis St: Pazcel Id: 273512409011, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT. A.
631 S. Galena St/ 630 S. Galena/ 710 S. Galena St/ 711 S. Galena St/ 710 S. Mill St/
1039 Waters Ave., Alpenblick: Pazcel Id: 273718279001 THROUGH 273718279019;
273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS.
215 N. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
233 Gilbert St., Skier Chalet Lodge: Parcel Id: 273 5 1 3 1 19002, Legal Description:
BLOCK 9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Parcel Id: 273512129803, Legal
Description: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Pazcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Pazcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A -
C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART
K, L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO
Exhibit A
cin~Lmits_alLdoc
Page 2 of 6
~~ SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 &
,, ~, TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST
AMENDMENT.
122 W. Hopkins Ave: Parcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M
& N.
129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G
-I.
211 W. Hopkins Ave: Pazcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F
& G.
608 W. Hopkins Ave, Madsen Chalet: Pazcel Id: 273512448005, Legal Description:
BLOCK 25, LOTS Q, R & S.
700 W. Hopkins Ave: Pazcel Id: 273512446015; 273512446018; 273512446012;
273512446011: 273512446021: 273512446020; 273512446022; 273512446014;
273512446013 273512446017; 273512446016; 273512446019; 273512446025;
27 3 5 1 2446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL
UNITS, 700 WEST HOPKINS CONDOMINIUMS.
720 W. Hopkins Ave., Skandia Townhomes: Pazcel Id: 273512446007; 273512446009;
273512446010; 273512446008; 273512446006; 273707334006; 273512446801, Legal
Description: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS.
100 E. Hyman Ave., Chalet ~Lisl: Parcel Id: 273512458005, Legal Description: BLOCK
68, LOTS K - M.
300 W. Hyman Ave., Kitzbuhl Lodge: Pazcel Id: 273512464007, Legal Description:
- BLOCK 46, LOT R & S.
.,,,,, 322 W. Hyman Ave: Parcel Id: 273 5 1 2464005, Legal Description: BLOCK 46, LOTS N
& O.
334 W. Hyman Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST
MORITZ LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K &
L.
610 E. Hyman Ave: Pazcel Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Pazcel Id: 273718212007, Legal Description:
BLOCK 99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 27371 821 1 008 THROUGH
273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK
104, ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Pazcel Id: 273512438002, Legal Description: ELY
20 FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED
ALLEY ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Parcel Id: 273512440010, Legal Description: BLOCK
51, LOTS R & S.
220 E. Main St., Cortina Lodge: Parcel Id: 273707320707, Legal Description: BLOCK
73, LOTS P&Q.
--. Exhibit A
„~, ci[ylimits_all.doc
Page 3 of 6
420 E. Main St: Pazcel Id: 273707322801; 273707322014; 273707322015, Legal
Description: BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS. '"'R
435 East Main St., Gas Station/local's corner: Parcel Id: 273707330005, Legal
Description: BLOCK 87, LOTS E - I.
520 W. Main St., Ullr Lodge: Pazcel Id: 273512498001 THROUGH 273512498027;
273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS
CONDOMINIUMS.
630 W. Main St., Mountain Rescue: Pazcel Id: 273512444805, Legal Description:
BLOCK 24, LOT M.
730 W. Main St., Hickory House: Parcel Id: 273512445004, Legal Description: BLOCK
18, LOTS M - P.
834 W. Main St/107 N. Seventh St., Bavarian Housing: Pazcel Id: 273512380014
THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN
CONDOMINIUMS.
24 McSkimming Rd: Pazcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 &
7 RIVERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84
BEING A PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE
PLACER USMS NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID
HIGHLAND PLACER WH COR 2 OF SAID PLACER BEARS S 1 25' W 886.26 FT TH
N 47 50'W 19.88 FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID RO-
W FT M/L TH S 60 OS'E 122.04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S
1 DEG 25'W TO THE PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84.
232 McSkimming Rd: Parcel Id: 273718103007, Legal Description: BLOCK 2, LOT2,
ASPEN GROVE SUBDIVISION. ''""~
592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN ~~«
GROVE SUBDIVISION
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
SUBDIVISION.
119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description:
BLOCK 80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Pazcel Id: 273512111808, Legal
Description: BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
403 Park Ave: Pazcel Id: 273707404010 THROUGH 273707404019, Legal Description:
ALL UNITS, MARTHINSSON-NOSTDAHL CONDOMINIUMS.
411 Pearl Ct: Parcel Id: 273512110002, Legal Description: BLOCK 101, LOTS 7 & 8 &
A STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE
HALF OF THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8
HALLAM ADDITION.
434 Pearl Ct: Parcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH I/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
Exhibit A
citylimits_all.doc
Page 4 of 6
•- 119 Red Mountain Rd: Pazcel Id: 273707213002, Legal Description: LOT 2, ODEN
SPLIT SUBDIVISION.
_. 246 Roaring Fork Dr: Pazcel Id: 273718120017, Legal Description: LOT 23,
EASTWOOD SUBDIVISION.
258 Roaring Fork Dr: Parcel Id: 273718120016, Legal Description: LOT26,
EASTWOOD SUBDIVISION.
850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
54 Shady Ln: Parcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84,
TRACT OF LAND BEG AT A PT ON THE ELY R-O-W OF THE D&RGW RR (ASPEN
BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT THE 214.6 FT TO
THE WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A
CURVE TO THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.SFT
TO THE CENTER OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER
CREEK ALONG THE ARC OF A CURVE THE CHORD OF WHICH BEARS S 68
DEG 02'04""W 296.19 FT TO THE ELY LINE OF SAID RR R-O-W TH S 08 DEG 5TE
90.6 FT ALONG THE ELY LINE OF SAID RR R-O-W TO THE PT OF BEG LESS A
TRACT CONT 0.0924 AC M/L DEEDED TO PITKIN CO FOR RDWY DRAINAGE
EASEMENT BK 554 PGS 159-161 &185 SUBJECT TO US PATENT RESERVATIONS
BK 35 PG 116 R-O-W GRANTED BY BK 29 PG 582.
69 Shady Ln: Pazcel Id: 273707300012, Legal Description: BEG AT POST STANDING
ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE
CENTER OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF
PARCEL OF GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM
LAND CO TH SLY PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF
THE ROARING FORK RIVER TH FOLLOWING THEN & ET BK OF THE ROARING
FORK RIVER WITH COURSES WLY & NLY 78 FT TO S BK OF HUNTER CREEK
AT ITS JUNCTION WITH ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE
PLACE OF BEG TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO
SITUATE LYING & BEING IN SEC 7-10-84 BK 311 PG 307 BK 512 PG 253.
28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI
SUBDIVISION.
500 West Smuggler St: Parcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A -
I.
1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description:
CEDARWOOD CONDOMINIUMS, UNIT 1.
1210 Snowbunny Ln: Parcel Id: 273512218001, Legal Description: CEDARWOOD
CONDOMINIUMS, UNIT 2.
300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal
Description: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN
CONDOMINIUMS.
Exhibit A
citylimits_all.doc
Page 5 of 6
900 Stage Rd., Part of Bar X Ranch: Pazcel Id: 273502300006, Legal Description:
LEGAL DESCRIPTION TO BE DETERMINED. '"~'
219 S. Third St: Pazcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Pazcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Parcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 &
10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Pazcel Id: 273512129008, Legal
Description: ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id:
273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B.
700 Ute Ave., Aspen Alps: Pazcel Id: 273718255001 thru -011; 273718255013 tluu -017;
273718272001 tluv 016; 273718239001 thru -006; 273718239061; 273718239014;
273718271001 thru -009; 273718256002; 273718295001 thru -008; 273718262001 thru -
008; 273718269001 thru -013; 273718272999; 273718244001 tluu -008, Legal
Description: ALL UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST
CONDOMINIUMS, ASPEN ALPS NORTH, MOSES LOT SPLIT, ASPEN ALPS
SOUTH.
1280 Ute Ave., Benedicf Building: Parcel Id: 273718156001 tluv -003; 273718156005
thru -020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131;
273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS,POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Parcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION. '~`
1102 Waters Ave: Pazcel Id: 273718266001, Legal Description: LOT 14, "
CALDERWOOD SUBDIVISION.
610 S. West End St., Gant: Parcel Id: 273718267001 thru -015; 273718267017 thru -029;
273718267036 thru -046; 273718267048 thru -050; 273718267053 thru -056;
273718267058 tlu-u -067; 273718267069 tltrtt -070; 273718267072 thru -078;
273718267080 thru -097; 273718267100 tltru -107; 273718267109 thru -111;
273718267113 thru -143, Legal Description: ALL UNITS, GANT CONDOMINIUMS.
95 Westview Dr: Parcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7,
KNOLLWOOD SUBDIVISION.
Exhibit A ~
citylimits_all.doc
Page6of6
EXHIBIT A
ORDINANCE #48, SERIES OF 2007
809 S. Aspen St, Shadow Mountain: Parcel Id: 273513124014; 273513124010;
273513124008; 273513124022; 273513124017; 273513124016; 273513124015;
273513124007; 273513124013; 273513124005; 273513124003; 273513124002;
273513124001; 273513124012; 273513124006; 273513124009; 273513124019;
273 5 1 3 1 2402 1; 273513]24020; 273513124004; 2735 1 3 12401 1, Legal Description: ALL
UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS.
114 E. Bleeker St: Pazce] Id: 273512437010; 273512437009. Legal Description: BLOCK
65, 114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Parcel Id: 273512437012; 273512437011. Legal Description: BLOCK
65, HOGUET CONDOMINIUMS.
408 E. Cooper Ave: Aspen Sports Parcel Id: 2737-182-16-009, Legal Description:
BLOCK 89, LOT PART OF L&M.
617 E. Cooper Ave, Aspen Square: Parcel Id: 273718243001; 273718243022;
273718243018; 273718243025; 273718243023; 273718243101; 273718243003;
273718243049; 273718243006; 273718243051; 273718243034; 273718243012;
273718243008; 273718243102; 273718243047; 273718243085; 273718243039;
273718243104; 273718243033; 273718243041; 273718243063; 273718243054;
273718243508; 273718243053; 273718243105, Legal Description: BLOCK 101, ALL
UNITS, ASPEN SQUARE CONDOMINIUMS.
832 E. Cooper St, Viking Lodge: Parcel Id: 2737-182-28-007, Legal Description:
BLOCKI l 1, LOT R & S.
1001 E. Cooper Ave, Villager Townhouses: Pazcel Id: 273718234012; 273718234010;
273718233504; 273718234008; 273718234007; 273718234005; 273718234009;
273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER
TOWNHOUSE CONDOMINIUMS.
Parcel Id: 273718139801, Legal Description: ANDERSON SUBDIVISION, LOT 1.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Ma11s
333 E. Durant Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
555 E. Durant St, North of Nell: Parcel Id: 273718249002 THROUGH 273718249058;
273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH
OF NELL CONDOMINIUMS.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description:
BLOCK 63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF
BLK 63 PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF
THE SW4 OF SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85
SAID PARCELS DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST &
24.00 FT ELY OF THE W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH
N 33 DEG 03'19"E 42.21 FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E
286.57 FT TH S 6 DEG 18'51"W 103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG
.. Exhibit A
mountains to river_ALL.doc
- - Page 1 of 5
25'21 "E 52.10 FT TH S 23 DEG 21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS
ST EXTENDED ELY TH N 75 DEG 09' 11 "W 288.99 FT TO THE NW COR OF BLK 64 "'"
TH N 31 DEG 00'50"W 107.29 FT TO THE POB. -
210 W. Francis Ave: Pazcel Id: 273512417005, Legal Description: BLOCK 48, LOT P &
Q•
621 W. Francis St: Parcel Id: 273 5 1 424260 1 1; 2735142426012, Legal Description:
BLOCK 22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Pazcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Parcel Id: 273512409011, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT A.
631 S. Galena St/ 630 S. Galena/ 710 S. Galena St/ 711 S. Galena St/ 710 S. Mill St/
1039 Waters Ave., Alpenblick: Parcel Id: 273718279001 THROUGH 273718279019;
273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS.
215 N. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
233 Gilbert St., Skier Chalet Lodge: Pazcel Id: 273513119002, Legal Description:
BLOCK 9, LOTS 5 -LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Pazcel Id: 273512129803, Legal
Description: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Parcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND. '~""`
327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A -
C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART
K, L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO
SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 &
TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST
AMENDMENT.
122 W. Hopkins Ave: Parcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M
& N.
129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G
-I.
211 W. Hopkins Ave: Parcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F
& G.
608 W. Hopkins Ave, Madsen Chalet: Parcel Id: 273512448005, Legal Description:
BLOCK 25, LOTS Q, R & S.
700 W. Hopkins Ave: Pazcel Id: 273512446015; 273512446018; 273512446012;
273512446011: 273512446021: 273512446020; 273512446022; 2'73512446014;
273512446013 273512446017; 273512446016; 273512446019; 273512446025;
273512446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL
UNITS, 700 WEST HOPKINS CONDOMINIUMS.
Exhibit A ~
mountains_to_river_ALL. doc
Page 2 of 5
,-.. 720 W. Hopkins Ave., Skandia Townhomes: Parcel Id: 273512446007; 273512446009;
,~, 273512446010; 273512446008; 273512446006; 273707334006; 273512446801, Legal
Description: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS.
100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK
68, LOTS K - M.
300 W. Hyman Ave., Kitzbuhl Lodge: Parcel Id: 273512464007, Legal Description:
BLOCK 46, LOT R & S.
322 W. Hyman Ave: Pazcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N
& O.
334 W. Hyman Ave., St. Moritz: Pazcel Id: 273512464004, Legal Description: ST
MORITZ LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K &
L.
610 E. Hyman Ave: Pazce] Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Pazcel Id: 273718212007, Legal Description:
BLOCK 99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Pazcel Id: 273718211008 THROUGH
273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK
104, ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Pazcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Pazcel Id: 273 5 1 243 8002, Legal Description: ELY
20 FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED
ALLEY ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Pazcel Id: 273512440010, Legal Description: BLOCK
51, LOTS R & S.
220 E. Main St., Cortina Lodge: Parcel Id: 273707320707, Legal Description: BLOCK
73, LOTS P&Q.
420 E. Main St: Pazcel Id: 273707322801; 273707322014; 273707322015, Legal
Description: BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Station local's corner: Parcel Id: 273707330005, Legal
Description: BLOCK 87, LOTS E - I.
520 W. Main St., Ullr Lodge: Parcel Id: 273512498001 THROUGH 273512498027;
273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS
CONDOMINIUMS.
630 W. Main St., Mountain Rescue: Parcel Id: 273512444805, Legal Description:
BLOCK 24, LOT M.
730 W. Main St., Hickory House: Pazcel Id: 273512445004, Legal Description: BLOCK
18, LOTS M - P.
834 W. Main St/107 N. Seventh St., Bavarian Housing: Parcel Id: 273512380014
THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN
CONDOMINIUMS.
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
„ Exhibit A
mountai ns_to_river_ALL. d oc
.,r Page 3 of 5
765 Meadows Rd: Pazcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
SUBDIVISION. '"""'~
119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description:
BLOCK 80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Pazcel Id: 273512111808, Legal
Description: BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
411 Pearl Ct: Pazcel Id: 273512110002, Legal Description: BLOCK 101, LOTS 7 & 8 &
A STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE
HALF OF THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8
HALLAM ADDITION.
434 Pearl Ct: Pazcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH I/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
850 Roaring Fork Rd: Pazcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
500 West Smuggler St: Parcel Id: 273 5 1 2404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A -
I.
300 S. Spring St., Hannah Dustin: Pazcel Id: 273718227800; 273718227101, Legal
Description: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN
CONDOMINIUMS.
219 S. Third St: Pazcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S. ""1
407 N. Third St: Pazcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S. ~~~
615 N. Third St: Parcel Id: 2735 12 1 10001, Legal Description: BLOCK 101, LOTS 9 &
10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal
Description: ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id:
273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B.
700 Ute Ave., Aspen Alps: Pazcel Id: 273718255001 thru -011; 273718255013 thru -017;
273718272001 thru 016; 273718239001 thru -006; 273718239061; 273718239014;
273718271001 thru -009; 273718256002; 273718295001 thru -008; 273718262001 thru -
008; 273718269001 thru -013; 273718272999; 273718244001 thru -008, Legal
Description: ALL UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST
CONDOMINIUMS, ASPEN ALPS NORTH, MOSES LOT SPLIT, ASPEN ALPS
SOUTH.
1280 Ute Ave., Benedict Building: Pazcel Id: 273718156001 thru -003; 273718156005
thru -020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131;
273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS, POWDERHOUSE CONDOMINIUMS.
Exhibit A ~
mountains_to_river_ALL. doc
Page 4 of 5
r... 1005 Waters Ave: Parcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
,~, EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14,
CALDERWOOD SUBDIVISION.
610 S. West End St., Gant: Parcel Id: 273718267001 thru -015; 273718267017 thru -029;
273718267036 thru -046; 273718267048 thru -050; 273718267053 thru -056;
273718267058 thru -067; 273718267069 thru -070; 273718267072 thru -078;
273718267080 thru -097; 273718267100 thru -107; 273718267109 thru -111;
273718267113 thru -143, Lega] Description: ALL UNITS, GANT CONDOMINIUMS.
Exhibit A
mountains_to_river_ALL. doc
Page 5 of 5
EXHIBIT A
ORDINANCE #48, SERIES OF 2007
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK
65, 114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Pazcel Id: 273512437012; 273512437011. Legal Description: BLOCK
65, HOGUET CONDOMINIUMS.
970 Cemetery Ln: Pazcel Id: 273512208006. Legal Description: SNOWBUNNY
SUBDIVISION, BLOCK 1, LOT 3.
408 E. Cooper Ave: Aspen Sports Pazcel Id: 2737-182-16-009, Legal Description:
BLOCK 89, LOT PART OF L&M.
1101 E. Cooper Ave, Hildur Anderson: Pazcel Id: 273718139801, Legal Description:
ANDERSON SUBDIVISION, LOT 1.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
1411 Crystal Lake Rd: Pazcel Id: 273718243004, Legal Description: RIVERSIDE
PLACER U.S.M.S. #3905 AM. SECT,TWN,RNG:18-10-84 DESC: TRACT OF LAND
IN NE4 OF SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905
AM DESC AS FOLLOWS BEG AT A PT WH COR 9 OF SAID RIVERSIDE PLACER
BEARS S 00 02'E 242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E
150 FT TH S 89 58'W 150 FT TO THE PT OF BEG SAID TRACT CONT 0.517 AC BK
244 PG 944 BK 268 PGS 26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK
511 PG 233 FROM BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE
SOUTHERN MOST PARCEL OF LAND IN THE GORDON/CALLAHAN
RESUBDIVISION.
333 E. Durant Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description:
BLOCK 63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF
BLK 63 PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF
THE SW4 OF SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85
SAID PARCELS DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST &
24.00 FT ELY OF THE W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH
N 33 DEG 03'19"E 42.21 FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E
286.57 FT TH S 6 DEG 18'51 "W 103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG
25'21 "E 52.10 FT TH S 23 DEG 21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS
ST EXTENDED ELY TH N 75 DEG 09'11"W 288.99 FT TO THE NW COR OF BLK 64
TH N 31 DEG 00'50"W 107.29 FT TO THE POB.
210 W. Francis Ave: Parcel Id: 273512417005, Legal Description: BLOCK 48, LOT P &
Q•
621 W. Francis St: Parcel Id: 2735142426011; 2735142426012, Legal Description:
BLOCK 22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Parcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Parcel Id: 27351240901.1, Legal Description: BLOCK 21, STARRI
CGNDOMINIUMS, UNIT A.
Exhibit A
citylimits_noMF.doc
Page 1 of 5
215 N. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY. ~"~'
233 Gilbert St., Skier Chalet Lodge: Parcel Id: 273513119002, Legal Description: -- -
BLOCK 9, LOTS 5 -LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Pazcel Id: 273512129803, Legal
Description: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Parcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Pazcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A -
C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART
K, L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO
SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 &
TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST
AMENDMENT.
122 W. Hopkins Ave: Pazcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M
& N.
129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G
-I.
211 W. Hopkins Ave: Pazcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F
& G.
100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK "'~+
68, LOTS K - M. `°"~
322 W. Hyman Ave: Parcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N
& O.
334 W. Hyman Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST
MORITZ LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K &
L.
610 E. Hyman Ave: Pazcel Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Pazcel Id: 273718212007, Legal Description:
BLOCK 99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 273718211008 THROUGH
273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK
104, ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Pazcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Pazcel Id: 273512438002, Legal Description: ELY
20 FT OF LOT M, ALL OF LOTS N & 0 BLOCK 66 & SLY 10 FT OF VACATED
ALLEY ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Pazcel Id: 273512440010, Legal Description: BLOCK
51, LOTS R & S.
220 E. Main St., Cortina Lodge: Pazcel Id: 273707320707, Legal Description: BLOCK
73, LOTS P&Q.
Exhibit A
citylimits_noMF.doc
Page 2 of 5
420 E. Main St: Parcel Id: 273707322801; 273707322014; 273 7073 220 1 5, Legal
,„~,,,, Description: BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Station local's comer: Pazcel Id: 273707330005, Legal
Description: BLOCK 87, LOTS E - I.
630 W. Main St., Mountain Rescue: Parcel Id: 273512444805, Legal Description:
BLOCK 24, LOT M.
730 W. Main St., Hickory House: Pazcel Id: 273512445004, Legal Description: BLOCK
18, LOTS M - P.
24 McSkimming Rd: Parcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 &
7 RIVERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84
BEING A PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE
PLACER USMS NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID
HIGHLAND PLACER WH COR 2 OF SAID PLACER BEARS S 1 25' W 886.26 FT TH
N 47 50'W 19.88 FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID RO-
W FT M/L TH S 60 OS'E 122.04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S
1 DEG 25'W TO THE PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84.
232 McSkimming Rd: Pazcel Id: 273718103007, Legal Description: BLOCK 2, LOT2,
ASPEN GROVE SUBDIVISION.
592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN
GROVE SUBDIVISION
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
.,~,,,. SUBDIVISION.
119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description:
BLOCK 80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Pazcel Id: 273 5 121 1 1 808, Legal
Description: BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
411 Pearl Ct: Pazcel Id: 273512110002, Legal Description: BLOCK 101, LOTS 7 & 8 &
A STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE
HALF OF THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8
HALLAM ADDITION.
434 Pearl Ct: Pazcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
119 Red Mountain Rd: Pazcel Id: 273707213002, Legal Description: LOT 2, ODEN
SPLIT SUBDIVISION.
246 Roaring Fork Dr: Parcel Id: 273718120017, Legal Description: LOT 23,
EASTWOOD SUBDIVISION.
258 Roaring Fork Dr: Pazcel Id: 273718120016, Legal Description: LOT26,
EASTWOOD SUBDIVISION.
850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
~'- 54 Shady Ln: Parcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84,
,„,. TRACT OF LAND BEG AT A PT ON THE ELY R-O-W OF THE D&RGW RR (ASPEN
Exhibit A
ciTylimits_noMF.doc
Page 3 of 5
BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT THE 214.6 FT TO
THE WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A
CURVE TO THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.SFT
TO THE CENTER OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER
CREEK ALONG THE ARC OF A CURVE THE CHORD OF WHICH BEARS S 68
DEG 02'04""W 296.19 FT TO THE ELY LINE OF SAID RR R-O-W TH S 08 DEG 57'E
90.6 FT ALONG THE ELY LINE OF SAID RR R-O-W TO THE PT OF BEG LESS A
TRACT CONT 0.0924 AC M/L DEEDED TO PITKIN CO FOR RDWY DRAINAGE
EASEMENT BK 554 PGS 159-161 &185 SUBJECT TO US PATENT RESERVATIONS
BK 35 PG 116 R-O-W GRANTED BY BK 29 PG 582.
69 Shady Ln: Pazcel Id: 273707300012, Legal Description: BEG AT POST STANDING
ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE
CENTER OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF
PARCEL OF GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM
LAND CO TH SLY PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF
THE ROARING FORK RIVER TH FOLLOWING THEN & ET BK OF THE ROARING
FORK RIVER WITH COURSES WLY & NLY 78 FT TO S BK OF HUNTER CREEK
AT ITS JUNCTION WITH ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE
PLACE OF BEG TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO
SITUATE LYING & BEING IN SEC 7-10-84 BK 311 PG 307 BK 512 PG 253.
28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI
SUBDIVISION.
500 West Smuggler St: Parcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A -
I.
1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description:
CEDARWOOD CONDOMINIUMS, UNIT 1.
1210 Snowbunny T.n: Parcel Id: 273512218001, Legal Description: CEDARWOOD
CONDOMINIUMS, UNIT 2.
300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal
Description: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN
CONDOMINIUMS.
900 Stage Rd., Part of Bar X Ranch: Parcel Id: 273502300006, Legal Description:
LEGAL DESCRIPTION TO BE DETERMINED.
219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Parcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 &
10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal
Description: ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Pazcel Id:
273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B.
1280 Ute Ave., Benedict Building: Parcel Id: 273718156001 thru -003; 273718156005
thru -020; 273718156023 thru -034; 273718155036; 273718156129; 273718156131;
Exhibit A
citylimits_noMF.doc
Page 4 of 5
w... 273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
~, UNITS, POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Parcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14,
CALDERWOOD SUBDIVISION.
95 Westview Dr: Parcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7,
KNOLLWOOD SUBDIVISION.
Exhibit A
citylimits_noMF.doc
Page 5 of 5
EXHIBIT A
ORDINANCE #48, SERIES OF 2007
.~.
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK
65, 114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Parcel Id: 273512437012; 273512437011. Legal Description: BLOCK
65, HOGUET CONDOMINIUMS.
408 E. Cooper Ave: Aspen Sports Parcel Id: 2737-182-16-009, Legal Description:
BLOCK 89, LOT PART OF L&M.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
333 E. Durant Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description:
BLOCK 63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF
BLK 63 PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF
THE SW4 OF SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85
SAID PARCELS DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST &
24.00 FT ELY OF THE W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH
N 33 DEG 03'19"E 42.21 FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E
286.57 FT TH S 6 DEG 18'51"W 103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG
25'21 "E 52.10 FT TH S 23 DEG 21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS
ST EXTENDED ELY TH N 75 DEG 09'11 "W 288.99 FT TO THE NW COR OF BLK 64
TH N 31 DEG 00'50"W 107.29 FT TO THE POB.
210 W. Francis Ave: Parcel Id: 273512417005, Legal Description: BLOCK 48, LOT P &
621 W. Francis St: Parcel Id: 273 5 14242601 1; 2735142426012, Legal Description:
BLOCK 22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Parcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Parcel Id: 273512409011, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT A.
215 N. Garmisch St., Yellow Brick: Parce] Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
233 Gilbert St., Skier Chalet Lodge: Parcel Id: 273 5 1 3 1 1 9002, Legal Description:
BLOCK 9, LOTS 5 -LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Parcel Id: 273512129803, Legal
Description: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Parcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A -
C.
Exhibit A
mountains_to_river_noMF.doc
Page 1 of 3
928 W. Hallam St: Pazcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART
K, L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO
SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & k
TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST
AMENDMENT.
122 W. Hopkins Ave: Pazcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M
& N.
129 E. Hopkins Ave: Pazcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G
-I.
211 W. Hopkins Ave: Parcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F
& G.
100 E. Hyman Ave., Chalet Lisl: Pazcel Id: 273512458005, Legal Description: BLOCK
68, LOTS K - M.
322 W. Hyman Ave: Parcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N
& O.
334 W. Hyman. Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST
MORITZ LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Pazcel Id: 273718212003, Legal Description: BLOCK 99, LOT K &
L.
610 E. Hyman Ave: Pazcel Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Pazcel Id: 273718212007, Legal Description:
BLOCK 99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Pazcel Id: 273718211008 THROUGH
273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK ""
104, ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: ELY
20 FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED
ALLEY ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Parcel Id: 273512440010, Legal Description: BLOCK
51, LOTS R & S.
220 E. Main St., Cortina Lodge: Pazcel Id: 273707320707, Legal Description: BLOCK
73, LOTS P&Q.
420 E. Main St: Parcel Id: 273707322801; 273707322014; 273707322015, Legal
Description: BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Stationflocal's corner: Parcel Id: 273707330005, Legal
Description: BLOCK 87, LOTS E - I.
630 W. Main St., Mountain Rescue: Pazcel Id: 273512444805, Legal Description:
BLOCK 24, LOT M.
730 W. Main St., Hickory House: Parcel Id: 273512445004, Legal Description: BLOCK
18, LOTS M - P.
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
Exhibit A ,.,,
mountains_to_ri ver_noMF. doc
Page 2 of 3
..,.. 765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
,,~, SUBDIVISION.
119 S. Mill St., Wells Fargo Bank: Pazcel Id: 273707329009, Legal Description:
BLOCK 80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Parcel Id: 273512111808, Legal
Description: BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
411 Pearl Ct: Parcel Id: 273 5 121 1 0002, Legal Description: BLOCK 101, LOTS 7 & 8 &
A STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE
HALF OF THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8
HALLAM ADDITION.
434 Pearl Ct: Pazcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
500 West Smuggler St: Parcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Pazcel Id: 273512212001, Legal Description: BLOCK 3, LOT A -
I.
300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal
Description: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN
CONDOMINIUMS.
219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Parcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 &
10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Pazcel Id: 273512129008, Legal
Description: ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Pazcel Id:
273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B.
1280 Ute Ave., Benedict Building: Pazcel Id: 273718156001 thru -003; 273718156005
thru -020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131;
273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS, POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Pazcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14,
CALDERWOOD SUBDIVISION.
Exhibit A
mountain s_to_river_noMF. doc
~ Page 3 of 3
MEMORANDUM
IXb
TO: Mayor Ireland and Aspen City Council
FROM: Sara Adams, Preservation Planner''
THRU: Chris Bendon, Community Development DirectorCiNt,//
DATE OF MEMO: November 30, 2007 l
MEETING DATE: December 10, 2007
RE: 536 West North Street aka. Christ Episcopal Church, Growth
Mauagement Review for au Essential Public Facility, Second
Reading of Ordinance # 49, Series of 2007 (Parcel 2735-121-11-
808)
REQUEST OF COUNCIL: 536 West North Street requests Growth Management Review for
an Essential Public Facility.
^ Lot history
The Episcopalian congregation has a long established history in Aspen beginning in 1881
during the Mining Era. The azchitecture of Christ Episcopal Church represents Modern
philosophy prevalent during the "revival" of Aspen in the 1950s and 1960s lead by
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prominent Modern azchitects and theorists Walter Paepcke, Herbert Bayer, and Fritz
Benedict. 536 West North Street, the Christ Episcopal Church, is attributed to architect
Francis Stanton of the Chicago firm Stanton and Rockwell. Completed in 1963, the
Church's Modern form and small scale design contributes to Aspen's West End
neighborhood.
The lot azea is 15,599 squaze feet, and was assigned an allowable floor azea of 7,118
square feet for the modest addition to the church through the Conditional Use Review
process in 1976. In 1980, a rectory was built on the site to provide an employee housing
unit; concurrently, the Church was granted a reduction in required off-site pazking from
14 spaces to 12 spaces, 4 of which were required to be provided on-site with the
remaining 8 spaces held in abeyance for future implementation should there be
complaints. The Church currently has four spaces, two of which are in a tandem
configuration.
^ Previous actions
On August 28, 2007, the Planning and Zoning Commission approved an amendment to
the existing Conditional Use approval to allow the increase of allowable floor azea from
7,118 squaze feet to 9,158 squaze feet; re-established parking requirements through the
Special Review process; and granted reaz yazd setback and site coverage variances for the
proposed addition.Z The Planning and Zoning Commission is the final review authority
for Dimensional Variances, Special Review for parking, and Conditional Use review;
however, Growth Management review is under the purview of City Council, based on a
recommendation from the Planning and Zoning Commission, which overlaps some of
these issues (i.e. pazking). The Planning and Zoning Commission voted four to one (4 -
1)recommending City Council approve the Growth Management request.
DISCUSSION:
Growth Management Review for an Essential Public Facility3
City Council is asked to grant Growth Management review, which focuses on the
development's role as an essential public facility serving the general public and needs of
the community. The Community Development Director has determined that the Christ
Episcopal Church is an Essential Public Facility" because it serves both members and
non-members by offering religious services to AA meetings to La Leche meetings. The
Church requests approval to extend the existing barrel-vaulted structure to the rear and
~ During the August 19, 1980 Planning and Zoning Commission meeting, a resolution was not adopted; however a
motion was adopted and the minutes serve as record. See Exhibit D.
Z On August 28, 2007, the Planning and Zoning Commission adopted Resolution #23, Series of 2007 by a vote of 4 -
1. Minutes from the Planning and Zoning Commission meeting held on August 21, 2007 and August 28, 2007 are
attached as Exhibit C.
'Section 26.104.100 of the Land Use Code defines Essential Public Facility as " a facility which serves an essential
public purpose, is available for use by, or benefit of, the general public and serves the needs of the community."
There is a precedent in Aspen for religious organizations to be reviewed as essential public facilities. The most
recent example is the Jewish Community Center development at 435 West Main Street, which received growth
Management approval in 2006 as an essential public facility.
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demolish and replace the addition to the east. Staff finds that the proposed design is
sensitive to the Modern architecture of the existing church, and despite not having local
landmark status; the addition generally meets the Historic Preservation guidelines.s A
key component of the development is to make the entire Church ADA accessible and
Building Code compliant. The Church building has not been updated since the 1970s.
Neighborhood Context: Council expressed concern regazding the impacts of the
proposed development on the primarily residential West End neighborhood. The
applicant has provided supplementary imagesb that illustrate the vazious studies
conducted to reduce an adverse impact on the residential neighborhood. Staff finds that
the one story mass proposed for the new addition and the connector piece between the old
and new construction successfully breaks up the mass into different modules, thus
reducing the impact of the development on neighboring pazcels.
Affordable Housing: The Land Use Code establishes this as a sepazate review process
lazgely because Essential Public Facilities are unique. A more typical growth
management review focuses on employees generated from commercial and free mazket
residential component that result in a high level of services; whereas, this application
seeks to improve the efficiency, safety, accessibility and function of the physical building
and does not propose to increase programs. No affordable housing is proposed in this
application because the development is not intended to increase the existing Church
functions. Despite actually retaining 2 full time employees, the Church provides
employee housing for 3.5 employees on the site in the adjacent rectory building. Staff
finds that the existing affordable housing is sufficient.
Pazkin¢: Among the criteria for Growth Management Review as an Essential Public
Facility is compliance with the Aspen Area Community Plan (AACP), which
incorporates transportation and pazking goals of the community. Part of the development
includes an additional parking space bringing the total onsite parking spaces to 5 with 2
spaces in tandem, which was approved by the Planning and Zoning Commission under
the Special Review process. Staff strongly believes that increasing the amount of onsite
parking to more than that proposed would negatively impact the site planning, open
space, and the ability of the Church to visually blend into the West End neighborhood.
Public transportation and alternate methods will continue to be promoted by the Church.
Staff finds that the proposal meets the goals of the AACP and the criteria for Growth
Management Review as an Essential Public Facility.
RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that the project meets the
applicable review criteria for Growth Management for Essential Public Facilities. The proposal
s The Church application was submitted prior to the adoption of Ordinance #30, Series of 2007. 536 West North
Street is identified on the "list of potential historic resources", aka Exhibit A to Ordinance #48, Series of 2007.
e Exhibit E.
Exhibit A compares the proposal with the goals in the AACP.
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is consistent with the goals of the AACP by preserving the form of an existing Modern building,
designing an addition that is sensitive to the residential context of the neighborhood, and
updating the building so that it is Code compliant, energy efficient and ADA accessible. Staff
recommends approval of the Growth Management request."
PROPOSED MOTION: "I move to approve Ordinance #49, Series of 2007 upon Second
Reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
A -Growth Management Review Criteria for an Essential Public Facility .
B -Planning and Zoning Commission Resolution #23, Series of 2007.
C -Planning and Zoning Commission Minutes, August 7, 2007 and August 28, 2007
D -Planning and Zoning parking review, August 19, 1980 minutes
E-Appldcatlon, supplementary illustrations
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ORDINANCE N0.49
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, GROWTH MANAGEMENT REVIEW FOR AN
ESSENTIAL PUBLIC FACILITY FOR 536 W. NORTH STREET, LOTS 11,12,
13, 14 AND 15, BLOCK 99, HALLAM'S ADDITION, CITY AND TOWNSITE OF
ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL N0.2735-121-11-808.
WHEREAS, the Community Development Department received an application
from Christ Episcopal Church, requesting the approval of Growth Management
allotments for an Essential Public Facility; and,
WHEREAS, the Applicant, Christ Episcopal Church qualifies as a Conditional
Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium
Residential Zone District; and,
WHEREAS, the Applicant, Christ Episcopal Church, serves an essential public
purpose by serving the needs of the general public and Aspen community, and therefore
is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and,
WHEREAS, the subject property is zoned R-6 Medium Residential; and,
WHEREAS, the proposed land use requests do not intend to increase Church
programs, employment, or membership; and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended approval with conditions, of the
proposed land use requests; and,
WHEREAS, during a duly noticed public hearing on August 7, 2007, continued to
August 21, 2007, continued to a Special Meeting on August 28, 2007, the Planning and
Zoning Commission approved Resolution No.23, Series of 2007, by a (4 -1) vote, an
increase in floor azea from 7,118 square feet to 9,158 square feet through the Conditional
Use process, established a new off-street parking requirement through Special Review,
approved certain Dimensional Vaziances, and a recommendation to City Council for the
approval of Growth Management Review for an Essential Public Facility located on the
property at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's
Addition, City and Townsite of Aspen, CO; and,
WHEREAS, on November 12, 2007 the Aspen City Council approved Ordinance
No. 49, Series 2007, on First Reading by a three to zero (3 - 0) vote, approving with
conditions Growth Management Review as an Essential Public Facility for the property at
536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and
Townsite of Aspen, CO ;and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Ordinance No. 49, Series 2007
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Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standazds and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1•
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves with conditions a Growth
Management Review as an Essential Public Facility in order to demolish and replace an
existing addition and extend the existing main Church building on the property located at
536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and
Townsite of Aspen, CO.
Section 2: Buildine Permit Application
The Applicant may not submit a Building Permit Application until the requirements in
Land Use Code Section 26.304.075, Building Permit, aze fulfilled. The building permit
application shall include the following:
a. A copy of the final City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal.
e. An excavation-stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and pazking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging azeas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility requirements shall meet adopted Building Code requirements.
h. An approved Landscape Plan.
Ordinance No. 49, Series 2007
Revised 11/30/2007
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Section 3: Dimensional Requirements
The redevelopment of the site is limited to the Conditional Use amendment and
Dimensional Variances granted by the Planning and Zoning Commission under
Resolution 23, Series of 2007.
Section 4: Parking Requirements
The redevelopment of the site is limited to the parking requirements established by the
Planning and Zoning Commission under Resolution 23, Series of 2007.
Section 5: Affordable Housing
The presented redevelopment is not intended to increase Church services or programs
and; therefore does not require employee mitigation.
Section 6: Trash/Utility Service Area
The trash containers shall be wildlife proof
regulations pertaining to size and security.
and meet the Certificate of Appropriateness
Section 7: Sidewalks. Curb, and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards and ADA
requirements, and prior to issuance of a Building Permit, the applicant shall provide plans
that meet the approval of the City Engineer. Such improvements shall be made prior to a
Certificate of Occupancy
Section 8: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 9: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which aze on file at the
District office. ACSD will review the approved Drainage plans to assure that cleaz
water connections (roof, foundation, perimeter, patio drains) aze not connected to the
sanitazy sewer system.
b. On-site utility plans require approval by ACSD.
c. Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
d. All ACSD fees must be paid prior to the issuance of a building permit.
e. The glycol heating and snow melt system must be designed to prohibit the discharge
of glycol to any portion of the public and private sanitary sewer system. The glycol
storage areas must have approved containment facilities.
f Soil Nails aze not allowed in the public ROW above ASCD main sewer lines.
Ordinance No. 49, Series 2007
Revised 11/30/2007
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g. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 10: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 11: Landscaping
a. Vertical excavation will be required and over-digging is prohibited in this zone. This
note must be represented on the building permit set. Utility connection will need to
be designed and shown on the plan in a manner that does not encroach into the tree
protection zones.
b. Prior to the issuance of any demolition or building permits, tree removal will be
approved by the Parks Department. Mitigation for removals will be paid through
cash-in-lieu or on site with street trees.
c. A formal plan indicating the location of the tree protection will be required for the
building permit set.
d. Root trenching will be required around all trees with excavation next to and/or under
the drip line. This can be accomplished by a contracted professional tree service
company or trained member of the contractor's team. This is specific to the trees
located on adjacent properties.
Section 12: Stormwater Development Fee
Pursuant to Municipal Code Section 25.18.020, Stormwater System Development Fee, the
Applicant shall be assessed a Stormwater Fee prior to building permit issuance. The fee
shall be calculated as outlined in Section 25.18 of the Municipal Code.
Section 13: Vested Rights
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 23, Series of 2007 and herein shall be vested for a period of three (3)
yeazs from the date of issuance of the development order.
No later than fourteen (14) days following the final approval of all requisite reviews
necessary to obtain a development order as set forth in this ordinance, the City Clerk shall
cause to be published in a newspaper of general circulation within the jurisdictional
boundazies of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property
right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article
68, Colorado Revised Statutes, pertaining to the following described property:
536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition,
City and Townsite of Aspen, CO, by Ordinance No.49 Series of 2007, of the
Aspen City Council.
Ordinance No. 49, Series 2007
Revised 11/30/2007
G:\city\Saraa\christ episcopal church\churchOrdinance.doc
Page 4 of 5
Section 14•
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 15:
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 16:
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 17:
A public hearing on the ordinance was held on the l0a' day of December, 2007, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of November, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this of , 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
Ordinance No. 49, Series 2007
Revised I I/30/2007
G:\city\Saraa\christ episcopal church\churchOrdinance.doc
Page 5 of 5
The development of an Essential Public Facility, upon a recommendation from the
Planning and Zoning Commission, shall be approved, approved with conditions, or
denied by the City Council based on the following criteria:
A. The Community Development Director has determined the primary use and /or
structure to be an Essential Public Facility. Accessory uses may also be part of an
Essential Public Facility project.
Staff Response: Pursuant to Section 26.104.100, Essential Public Facility is defined as
"a facility which serves an essential public purpose, is available for use by, or benefit of,
the general public and serves the needs of the community." Since 1881, the Christ
Episcopal Church serves both members and non-members of the public from religious
services to AA meetings. Staff finds that this criterion is met.
B. Sufftcient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030. C, Development Ceiling Levels and Section
26.470.030. D, Annual Development Allotments.
Staff Response: The project does not expect to increase programs and capacity with the
proposed addition; therefore affordable housing mitigation is not required. Based on the
use of the proposal, no Growth Management allotments are required for the proposed
changes to the Essential Public Facility. Staff finds that this criterion is met.
C. The proposed development is consistent with the Aspen Area Community Plan.
Staff Response: The Christ Episcopal Church serves the Aspen community through both
spiritual guidance and as anon-member facility for AA meetings and Aspen Music
Festival and School performances. The proposal perpetuates the Church's current role in
"nurturing intellectual and spiritual growth that enriches our lives while challenging our
imaginations" listed in the AACP. The design proposal retains an important Modern
building in Aspen, and replaces an addition with a sensitive design that is compatible
with the Modern architecture and the residential neighborhood, which meets the AACP
policy on design quality and historic preservation.
Transportation and housing goals of the AACP are met with the proposed development as
the current congregation and number of employees will not be increased. The Church is
situated in Aspen's West End neighborhood with adequate public transportation services.
~ The application was submitted prior to the adoption of Ordinance 14, Series of 2007 and is subject to the
regulations in place at the time of submittal.
Exhibit A
GMQS Review for an Essential Public Facility
G:\city\Saraa\christ episcopal church\GMQSExhibitACityCouncil.doc
Page 1 of 3
Under the current Code, there is no definitive parking requirement for a Church in the R-
6zone district. The previous parking requirement, adopted by the Planning and Zoning
Commission in 1980, required four spaces (two of which aze stacked) onsite, with eight
spaces in abeyance with the condition that the City could require the implementation of
these spaces based on complaints. The applicant is proposing one additional pazking
space, which will bring the total onsite parking to five spaces, so that although one space
of the five is obstructed due to the tandem configuration, four spaces aze unobstructed.
The Planning and Zoning Commission established new pazking requirements for the
Church- in essence approving the five ~azking spaces proposed in this application-
through Resolution #23, Series of 2007. Staff finds that this is sufficient given the
proximity to public transportation, and that the design proposal does not increase the
programmatic goals of the Church. Increasing the amount of onsite pazking would
negatively impact the site planning, open space, and the ability of the Church to visually
blend into the West End neighborhood.
Staff finds that the goals of the AACP are met.
D. A sufficient percentage of the employees expected to be generated by the project are
mitigated through the provision of affordable housing or cash-in-lieu thereof in a manner
acceptable to the City Council. The Employee Generation Rates may be used as a
guideline but each operation shall be analyzed for its unique employee needs. The City
Council may waive, or partially waive, affordable housing mitigation requirements as is
deemed appropriate and warranted for the purpose of promoting civic uses and in
consideration of broader community goals.
Staff Response: The proposed development will not increase the Church's program and
therefore is not expected to increase the number of employees. The Church currently
mitigates for 3.5 employees with a four bedroom rectory located onsite, which will
remain unchanged. There are two full-time employees and two part-time employees on
staff; the two full-time employees are housed in the rectory. Staff finds that criterion d is
not applicable, as no new employees are generated with this proposal.
E. Free market residential floor area on the parcel is accompanied with affordable
housing units or mitigation pursuant to 26.470.040. C. 6, unless otherwise restricted in the
zone district. The City Council may waive, partially waive, or establish a different
limitation as is deemed appropriate and warranted for the purpose of promoting civic
uses and in consideration of broader community goals.
Staff Response: The proposal does not include a free market residential component.
F The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements propose das part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
Z Exhibi[ B.
Exhibit A
GMQS Review for an Essential Public Facility
G:\city\Sazaa\christ episcopal church\GMQSExhibitACityCouncil.doc
Page 2 of 3
energy and communication utilities, drainage control, fare and police protection, solid
waste disposal, parking, and road and transit services.
Staff Response: One of the primary reasons for this proposal is to increase energy
efficiency and update the building to comply with current building code and accessibility
requirements. The applicant proposes to update systems and components that will
minimize, and in some cases reduce, impacts on the public infrastructure. Because the
Church does not intent to increase programs, staff projects that there will be a minimal
impact on parking in the West End neighborhood. The applicant intends to promote
public transportation and is providing bicycle storage as part of the proposed site plan.
Staff finds that criterion f is met.
Exhibit A
GMQS Review for an Essential Public Facility
G:\city\Saraa\christ episcopal church\GMQSExhibitACityCouncil.doc
Page 3 of 3
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS AN AMENDMENT TO THE
CONDITIONAL USE TO INCREASE FAR ONSITE, SPECIAL REVIEW TO
ESTABLISH OFF-STREET PARKING REQUIREMENTS, DIMENSIONAL
VARIANCES, AND RECOMMENDING CITY COUNCIL APPROVE WITH
CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL
PUBLIC FACILITY FOR 536 W. NORTH STREET, LOTS 11,12, 13,14 AND 15,
BLOCK 99, HALLAM'S ADDITION, CITY AND TOWNSITE OF ASPEN, CO,
PITKIN COUNTY, COLORADO
PARCEL N0.2735-121-11-808.
RESOLUTION N0.23, SERIES OF 2007
WHEREAS, the Community Development Department received an application
from Christ Episcopal Church, requesting approval of an increase in floor area from
7,118 square feet to 9,000 squaze feet through the Conditional Use process, to establish
new off street pazking requirements through Special Review, Dimensional Vaziances, and
a recommendation to City Council for the approval of Growth Management allotments
for an Essential Public Facility; and,
WHEREAS, the Applicant, Christ Episcopal Church qualifies as a Conditional
Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium
Residential Zone District; and,
WHEREAS, the Applicant, Christ Episcopal Church, serves an essential public
purpose by serving the needs of the general public and Aspen community, and therefore
is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and,
WHEREAS, the subject property is zoned R-6 Medium Residential; and,
WHEREAS, the proposed land use requests do not intend to increase Church
programs, employment, or membership; and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended approval with conditions, of the
proposed land use requests; and,
WHEREAS, during a duly noticed public hearing on August 7, 2007, continued to
August 21, 2007, continued to a Special Meeting on August 28, 2007, the Planning and
Zoning Commission approved Resolution No.23, Series of 2007, by a (4 -1) vote, an
increase in floor azea from 7,118 square feet to 9,000 square feet through the Conditional
Use process, established a new off-street parking requirement through Special Review,
approved certain Dimensional Variances, and a recommendation to City Council for the
approval of Growth Management Review for an Essential Public Facility located on the
property at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's
Addition, City and Townsite of Aspen, CO; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
Exhibit B
P& Z Resolution #23, Series of 2007
Page 1 of 5
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets all applicable development standards and that the approval of
the development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1: Dimensional Standards
Pursuant to the procedures and standazds set forth in Title 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves with conditions an increase
in floor azea from 7,118 square feet to 9,000 squaze feet through the Conditional Use
process, the establishment of new off street parking requirements through Special
Review, certain dimensional Variances as identified in Table 1, and a recommendation to
City Council for the approval of Growth Management Review for an Essential Public
Facility for the property located at Lots 11, 12, 13, 14, and 15, Block 99, Hallam's
Addition, City and Townsite of Aspen, CO. The approved dimensional standards, floor
area, and off-street parking are indicated in the chart below under the heading, "proposed
development":
Table 1: The following dimensional variances are approved solely for the
proposed redevelopment.
" . RaL~tingDeveloptia~tt
~; ~ _
~
~
~"~
Reaz Yard Setback (feet)
10 ~ ~-
e
Sit '
e coverag 2800 ~ ~-
,
N
~
.:..
t : __. __ _ ~
Floor Area (square feet) 7 118 `t ~,~ `s-
~~x
Section 2: Conditional Use Amendment:
The subject property is approved for a total of 9,000 squaze feet of floor area for the
design presented at the August 28, 2007 Planning Zoning meeting. Elevations of the
approved design, site plan and landscape plan shall be recorded with the Pitkin County
Clerk and Recorder prior to submitting for a Building Pennit.
Section 3: Buildin¢ Permit Application
The building permit application shall include the following:
a. A copy of the final City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Exhibit B
P& Z Resolution #23, Series of 2007
Page 2 of 5
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal.
e. An excavation-stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging azeas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility requirements shall meet adopted Building Code requirements.
h. An approved Landscape Plan.
Section 4: Special Review: Parkin¢ Requirements
The subject property is approved to have four (4) pazking spaces and one (1) stacked
parking space onsite. This approval amends that adopted by Planning and Zoning
Commission on August 19, 1980 through the Special Review Process. A site plan shall
be recorded with the Pitkin County Clerk and Recorder indicating the number of
approved parking spaces prior to submitting for Building Permit. The applicant shall
provide onsite bicycle storage.
Section 5: Trash/Utility Service Area
The trash containers shall be wildlife proof and meet the Certificate of Appropriateness
regulations pertaining to size and security.
Section 6: Sidewalks, Curb, and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standazds and ADA
requirements, and prior to issuance of a Building Permit, the applicant shall provide plans
that meet the approval of the City Engineer. Such improvements shall be made prior to a
Certificate of Occupancy.
Section 7: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 8: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which are on file at the
District office. ACSD will review the approved Drainage plans to assure that cleaz
water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
Exhibit B
P& Z Resolution #23, Series of 2007
Page 3 of 5
b. On-site utility plans require approval by ACSD.
c. Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
d. All ACSD fees must be paid prior to the issuance of a building permit.
e. The glycol heating and snow melt system must be designed to prohibit the dischazge
of glycol to any portion of the public and private sanitary sewer system. The glycol
storage areas must have approved containment facilities.
f Soil Nails are not allowed in the public ROW above ASCD main sewer lines.
g. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 9: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 10: Landscaping
a. Vertical excavation will be required and over-digging is prohibited in this zone. This
note must be represented on the building permit set. Utility connection will need to
be designed and shown on the plan in a manner that does not encroach into the tree
protection zones.
b. Prior to the issuance of any demolition or building permits, tree removal will be
approved by the Parks Department. Mitigation for removals will be paid through
cash-in-lieu or on site with street trees.
c. A formal plan indicating the location of the tree protection will be required for the
building permit set.
d. Root trenching will be required azound all trees with excavation next to and/or under
the drip line. This can be accomplished by a contracted professional tree service
company or trained member of the contractor's team. This is specific to the. trees
located on adjacent properties.
Section 11•
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 12•
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 13:
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
Exhibit B
P& Z Resolution #23, Series of 2007
Page 4 of 5
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 on this 28ei
day of August, 2007.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
James R. True, Special Counsel
ATTEST:
Jackie Lothian, Deputy City Clerk
John Rowland, Chairman
Exhibit B
P& Z Resolution #23, Series of 2007
Page 5 of 5
Aspen Planning & Zoning Commission Meeting Minutes -August 7, 2007
COMMENTS .............................................................................................................2
MINUTES ..................................................................................................................2
LIFT ONE CONCEPTUAL TIMESHARE/PUD ...Error! Bookmark not def-ned.
CHRIST EPISCOPAL CHURCH GMQS AND OTHER LAND USE
APPROVALS ............................................................................................................2
Exhibit C I
P&Z Meeting Minutes August 7, 2007
Ashen Planning & Zoning Commission Meeting Minutes -August 7, 2007
John Rowland opened the regular Planning & Zoning Commission Meeting at 4:30
pm in Sister Cities Meeting Room. Commissioners present included: LJ
Erspamer, David Guthrie, Brian Speck and John Rowland. Dylan Johns was
excused. Staff in attendance: Jennifer Phelan and Sara Adams, Community
Development; Reed Patterson, Municipal Court Clerk.
Chris Bendon said that Jennifer Phelan would be acting Deputy Director for
Community Development since Joyce Allgaier resigned.
MINUTES
MOTION.• David Guthrie moved to approve the minutes from the July 17`" and
July 24`" meetings; seconded by LJErspamer and LJErspamer added to the July
17`" that it was a property tax and not a sales tax district and added to the North of
Nell that the pedestrian amenity was amended after Erspamer asked about the
North of Nell being responsible for the pedestrian. APPROVED 4-0.
PUBLIC HEARING:
CHRIST EPISCOPAL CHURCH GMQS AND OTHER LAND USE
APPROVALS
John Rowland opened the public hearing for Christ Episcopal Church. Sara
Adams stated that the reviews before P&Z were Growth Management for an
essential public facility recommendation to City Council; a Conditional Use to
increase the floor area from 7,118 to 9,500; Special Review to establish parking
requirements; and Dimensional Variances.
Adams explained that Planning & Zoning in 1980 approved 12 parking spaces with
4 on site and 8 spaces abeyance for future implementation. The development
requires a 5 foot rear yard setback, where 10 feet is required; a variance for site
coverage was also required. Adams stated that overall this project balances the
needs of the church; it was in context with the neighborhood and the addition was
sensitive and brings the building into accessibility requirements by the code.
Commission questions were regarding the site coverage amount requested. Adams
said the maximum was 27% and the applicant was requesting 40%; the building
was one story, well below the height limit and fit into the neighborhood. The
rectory was 4 bedrooms and currently housed the 2 full time employees.
Jim DeFrancia said that he was chairman of the building committee; the objective
was to make more efficient use of the facility for the present uses. DeFrancia said
that they were not planning an expansion of the congregation; they were
Exhibit C 2
P&Z Meeting Minutes August 7, 2007
Aspen PlanninE & Zonins Commission Meetine Minutes - August 7, 2007
redesigning the spaces to be more efficient. Some other current uses for the church
included AA, the Aspen Music Festival, Aspen Youth Experience, La Leche, AIA,
and holiday baskets; it was clearly a community facility. DeFrancia stated they
wanted to bring the facility into compliance with the code.
Gilbert Sanchez, architect, said the intent was to provide appropriate worship
fellowship support spaces for the current congregation and the community; code
compliance; sustainability and accessibility were primary goals. Sanchez said to
comply with the current plumbing codes they were adding additional plumbing
fixtures. There would be new heating, ventilation and lighting improving energy
consumption and proper building insulation. Sanchez said they were adding fire
suppression systems providing a line of safety that doesn't exist now.
Sanchez said they wanted to maintain the shape and form of this church and add an
element similar in mass, which was a little bit smaller, and connect the two
separate modules with a glass circulation space but keep the residential rhythm for
this neighborhood. The new addition drops down to 18 feet 6 inches in the back.
Sanchez stated they were increasing the off-street parking spaces to 5 but taking
out the stacked spaces comes to 4. To accommodate the 1980 approval of parking
spaces they would not be able to utilize this development plan; there would be loss
of open space by providing the parking on site.
Sanchez said the setback was the minimum that they could ask for and the setback
only touched at 2 places.
DeFrancia said that they communicated with the neighbors sending letters to about
50 neighbors twice and held a meeting on August lst with 2 neighbors attending.
The architectural harmony will be kept throughout the building even in the back. It
was not their intent to expand any uses of the church.
LJ Erspamer asked if the building was a designated landmark. Sara Adams replied
that it was not. Erspamer asked what the single family house was; did it have one
kitchen. DeFrancia replied that it was the rector's house and his wife that were
employed by the church and lived there in the single family detached house, which
had 4 bedrooms, a kitchen and living/dining room. Erspamer asked when this was
approved does this eliminate the abeyance for parking. Adams responded yes that
it would establish new parking requirements.
Public Comments:
Exhibit C
P&Z Meeting Minutes August 7, 2007
Aspen Planning & ZOninE Commission Meetine Minutes - AuEUSt 7 2007
1. Claude Salter said that parking was a problem in the neighborhood with the
uses in the church and the music going on in the tent. Salter said the distance
between the buildings was not consistently 10 feet apart; she disagrees with the
rear yard setback given the massing that they were adding. Salter said the code
allowed the choir to be kept and section 1024.5 of the IBC was the accessibility
issue.
2. Ann Burrows said that she lived to the south of the church and voiced
concern was for traffic and increased traffic.
3. Warren Klug said that he was a member of the church and the church was a
public facility that provides services for lots of community residents and a
community gathering place. Klug said that the development of this building was to
make it better and more usable; he noted houses in the neighborhood had master
bedroom suites that were bigger than this additional square footage. The variances
make the building work better; the building remains appropriate to the character of
the neighborhood. Klug said the basement is currently not accessible to
handicapped and the renovation plan was very modest.
4. Steve Fallendar said that he lived across the street and the additional square
footage was considerable; he said the basement increase in space was also
significant. Fallendar asked that the resolution include that there will not be a
school at this location. Fallendar said that he was nervous about metal used as the
material; he questioned the landscape.
5. Colleen Collins letter was placed into the record. Collins said you could get
the same number of seats without increasing the square footage.
6. Bob Blaich said that everything that is done in this community affects
someone; this project has a high level of merit and it will benefit the community.
Jim DeFrancia commented that the extension of the church by 12 feet was a
function of design; the extension will have a construction area so the landscaping
will come down but they will be sensitive to the finish design of the back side of
the church as well as replacing the landscaping. DeFrancia said that they cannot
convert to a school; they would have to go back through the process with a whole
different set of requirements. DeFrancia said they have made a representation into
the public record of their intensions of lack of expanded uses. DeFrancia said that
they do not anticipate a metal roof, currently they were looking at a slate roof.
Exhibit C 4
P&Z Meeting Minutes August 7, 2007
Aspen Planning & ZOning Commission Meeting Minutes - AUgUSt 7, 2007
Erspamer asked for explanations on special events and parking issues for the next
meeting. DeFrancia said that there have not been any parking problems from the
church. Erspamer asked for a site visit. Phelan said that she would set up a site
visit.
Adams said there was a survey in the packet dated December 2006, which shows
the alley is 20 feet.
Rowland said that it was a great piece of architecture and was respectful to the
neighborhood; he said the setbacks concerned him. Rowland asked that a shuttle
or other form of transportation be considered for big special events.
MOTION: LJErspamer moved to continue the Christ Episcopal Church hearing
to August 21S`; David Guthrie seconded. All in favor, APPROVED.
MOTION: LJErspamer moved to adjourn; seconded by David Guthrie; all in
favor.
Transcribed by:
Jackie Lothian, Deputy City Clerk
Exhibit C 5
P&Z Meeting Minutes August 7, 2007
Aspen PlanninE & ZOnIriE Meeting Minutes - AuEUSt 28, 2007
COMMENTS .............................................................................................................2
MINUTES ..................................................................................................................2
DECLARATION OF CONFLICTS OF INTEREST ................................................2
CHRIST EPISCOPAL CHURCH GMQS and OTHER LAND USE APPROVALS
....................................................................................................................................2
Exhibit C I
P&Z Meeting Minu[es August 28, 2007
Aspen Planning & Zoning Meeting Minutes -August 28, 2007
John Rowland opened the special meeting at 4:30 p.m. in Sister Cities Meeting
Room. Commissioners present were Brian Speck, Dylan Johns, LJ Erspamer,
David Guthrie and John Rowland. Staff: Jim True, Special Counsel; Sara Adams,
Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Jennifer Phelan distributed copies of the final edits of the Commercial and Lodging
Design Standards.
Jackie Lothian said City Council was conducting interviewing for P&Z members
tonight and on September 11`n
MINUTES
MOTION: LJErspamer moved to approve the minutes from August 7`" and
clarified that the minutes from July 17`" were to include the Lift One tax district
was a property tax district and the North of Nell building doesn't meet the
pedestrian amenity and the building is existing and there was nothing that can be
done to meet the pedestrian amenity; seconded by Brian Speck. Approved 3-0 (2
abstained).
DECLARATION OF CONFLICTS OF INTEREST
None stated.
CONTINUED PUBLIC HEARING (08/07/07):
CHRIST EPISCOPAL CHURCH GMQS and OTHER LAND USE
APPROVALS
John Rowland opened the continued public hearing. Sara Adams said there was a
growth management review; recommendation to city council for an essential
public facility; a conditional use amendment for the increase in floor area
(currently 7,118 square feet to 9500 square feet); special review for parking (the
applicant requested new parking requirements); 2 dimensional variances (rear yard
setback of 5 feet and site coverage for 40%).
Adams provided resolutions with changes to the parking with the addition of onsite
bicycle storage.
Sara Adams introduced 3 letters into the public record from Lisa Markalunas,
Anne Burrows and Janice & Charles Collins.
Exhibit C 2
P&Z Meeting Minutes August 28, 2007
Aspen Planning & Zoning Meeting Minutes -August 28, 2007
Jim True commented there were legal implications involved in this application; the
religious land use and institutionalized persons act of 2000, which is a federal law,
may come into play in the consideration of the application however one important
aspect of this law (1ZLUIPA), there was no discrimination by the government. The
government can not treat the religious organization on a less than equal basis than
any other applicant; the staff analysis was consistent this aspect of RLUIPA in that
it was treated as any other applicant. LJ Erspamer asked if this act changed the
fact that approval of one project doesn't set precedent to approve another religious
project. True responded that from a general context that you do what you have to
do with any religious entity was to apply the terms of the act to the specifics of that
case and treat any application with no less than an equal position. Erspamer asked
if you set a precedent with one religious institution do you have to treat the other
one the same. True replied that you can not treat any religious organization with a
less than equal basis or any other religious organization or any non religious
organization.
Bob Blaich represented the applicant and gave an overview of the last presentation
and addressed the issues with the removal and replacing of the landscape on the
alley of the rear of the church; the alley right-of--way for public and emergency
access was not affected by the addition to the rear of the church; the 1980 parking
approval to provide 8 off-site parking, there have been no complaints to the Aspen
Police Department with regard to parking against the church; the redevelopment of
the facility was not predicated on expanded uses but to better serve the
congregation and those organizations that utilize the church facility for public
permitted use and if in the future there was a need to seek new uses it would go
through the public process with P&Z and City Council and the expansion of the
worship space was to more efficiently utilize this space and the new hospitability
space replaces that in the basement; both spaces are being brought up to code.
Blaich said the existing basement space (undercroft) will be utilized for meetings,
church school and church offices. The addition of the elevator will provide
handicap access to both levels. Blaich said that the main church roof will be slate
colored metal.
Sanchez utilized the program space in original arched volume chart for the existing
and proposed square footages for the foyer (existing & proposed 298.00 SF), nave
(existing 988.22 SF and proposed 1,202.12 SF), chancel (462.26 SF and proposed
604.75 SF) and balcony (existing 228 SF and no balcony proposed).
Gilbert Sanchez noted the property line was at an angle so the setback variance
needed only occur at 2 points; the mass of the building was peaking up with the
barrel shape.
Exhibit C 3
P&Z Meeting Minutes August 28, 2007
Aspen Planning & ZOning Meeting Minutes -August 28, 2007
Sanchez distributed and spoke about the new site plans, which included the alley,
view analysis, solar analysis, West End map, parking analysis, site history and a
color computer generated drawing from the alley.
Sanchez said the cross town shuttle goes right by the church and bike racks would
be provided.
Blaich said the Collins' letter requested the church activities be limited that were
non-religious programs and noted the parking problems were from the Music
festival, Physics and Aspen Institute. Blaich listed the current activities as AA
meets 3-5 times a week with 20-25 people; the Aspen Music Festival meets 5-6
weeks per summer Monday thru Saturday with 10-20 students; Aspen Youth
Experience meets 2 weeks in the winter with about 40 kids and their leaders; La
Leche Le meets 1 day a week year round with 7 moms and their kids; Youth with a
Mission meets one long weekend during the X-Games with about 25 students and
teachers spending the night; Music Together meets 1 day a week year round with
about 40 moms, infants and toddlers for music appreciation; AIA Holiday Baskets
for 3 weeks daily in November/December with a few people in the church that put
the baskets together and someone picks them up; Music in the West End with 3
performances in January, February and March.
Dylan Johns inquired if there was a daycare. Blaich replied there was no daycare.
LJ Erspamer asked the lot size. Adams replied 15,599 square feet. Erspamer
asked the average setback in the back. Sanchez replied that it averaged between 5
and 7 feet. Erspamer asked how far back the new extension was going. Sanchez
responded 12 feet. Erspamer said if some corners were eliminated it might help
with the setback issues. Sanchez said the only new addition in terms of permanent
space was the undercroft, which would be used as a hospitality hall. Sanchez said
the toilets were being brought up to code and enlarged for ADA accessible.
Sanchez said that the uniqueness of this building was that there were windows in
the basement 4 feet below the first floor so the square footage was counted into the
FAR.
Public Comments:
1. Janice Collins said their complaint was the size and the variance; she said
that they lived directly across the alley from the church. Collins said they were
most impacted by this proposed variance (as stated in her letter); she stated that she
did not want an expansion of the programs. Collins asked for the proposed seating.
Sanchez replied that it was flexible seating, a modular pew chair. Blaich said that
there have not been any final decisions made by the sub-committee. Collins asked
Exhibit C 4
P&Z Meeting Minutes August 28, 2007
Aspen Planning & Zoning MeetinE Minutes - August 28, 2007
if this additional space was necessary and did not feel the same with the addition
on the back. Collins voiced concern for the lack of landscaping in the alley.
2. Diana Rumsey said that she has been a member of this church for almost 40
years and stated that there were also funerals, weddings and other church
functions. Rumsey said there were now 2 dishwashers; the added space of the
church was necessary because the plumbing, roof and insulation all needed
replacement. Rumsey said that the inside and the outside of this project would be
attractive.
3. Father Bruce McNab, the pastor of Christ Church, said he records the
attendance for every church event; the average number of people in the 1980's and
1990's was 50 or more people attending than this last decade. The current average
was 112 attending on Sundays. Father McNab said the reason for the
improvements was to allow for wider isles and not to allow for more seating; it was
a safety issue.
4. Lisa Markalunas said that a seating plan was required to the neighbors. The
parking was a huge impact from Sunday services, large weddings and funerals as
well as the Music Festival and Harris Hall. Markalunas suggested approaching the
City to request the cross-town shuttle service be increased.
5. Ann Burrows ran numbers regarding the attendance for the Music tent and
Harris Hall that was 83,700 people.
6. Mary Janz suggested moving the organ so that the organ player can see what
was going on.
7. Colleen Burrows asked for a re-configuration and a current site plan.
Bun•ows attended a concert last winter and it was stated that they wanted to have
more concerts in the future. Burrows said that there was a double standard because
this was a church and it was being treated differently; she requested the church
follow the same rules. Burrows said the West End was not second homeowners
the people that live in this neighborhood were raising their families.
8. Claude Salter stated that they were held to the same changes if there was a
remodel or this massive addition; the building still has to be brought up to fire code
and accessibility. Salter said that this was about the massing. Salter requested a
seating plan. Salter said that alleys were a treasure.
Exhibit C $
P&Z Meeting Minutes August 28, 2007
Aspen PlanninE & ZORIIIQ MeetinE Minutes -August 28, 2007
9. Steve Falender stated that he lived across the street at 603 West Gillespie
and since the last meeting the church has not contacted him. Falender said that the
7 closest people to the church were all raising families here and they were part of
the community. Falender said if the church agreed not to have an increased
concert schedule that would go a tremendous way and they have neglected to put
anything in writing. Falender said that by putting the number of concerts in
writing would go a long way to satisfy the neighbors. Falender said P&Z must
decide whether it was consistent with the policies to enforce setback requirements
in the West End. Falender said that in the documents there was a way to
appropriately evaluate what was an appropriate variance; he requested P&Z reread
those sections to determine why the church can't add significantly without going
into the rear yard setback. Falender said they have not opposed the increase in
FAR or the extensive increase in lot coverage. Falender asked P&Z to request the
church meet the rear yard setback and agree to the number of concerts but grant the
increased FAR. Falender requested that Community Development review the
metal roof for design standards review.
10. Susan Horsey said that she liked having the church in the neighborhood.
Horsey said the Christ Church mission was to share the love; playing music from
the great composers. Horsey said the church has open doors.
11. Warren Klug said that he was a member of Christ Church and lived just a
few blocks away; all over the country churches were located in residential areas
and it works. Klug said the business of Christ Church was to take care of people in
the community in respectful and positive ways because it was a place of worship,
ministry and renewal. The concerts were small and intimate. The goals were to
make the building and the work of the church function better, safer for everybody
and a better fellowship area on the main level. Klug said the increase was not that
big, it was 128 square feet.
12. Keith Gardner said that the term concert was of major concern for some
people; the concerts taking place at the church were maybe a piano or an organ
plus a violin; he doubted that they were audible outside the church.
13. David Wiedinmyer from Grassroots Aspen Youth Experience who made
their home in the basement of this church in this beautiful neighborhood as a guest;
they were moving their program because there was not enough space in the church.
14. Lisa Markalunas asked for clarification on the addition of square footage.
Sanchez replied that they were going from the existing 7,118 square feet to 9,000
square feet. Sanchez said the reason that they were not moving the church forward
Exhibit C 6
P&Z Meeting Minutes August 28, 2007
Aspen PlanninE & Zonine Meeting Minutes - Aueust 28, 2007
was because there was an existing tree that they were not allowed to move so they
adjusted the plan and took away 500 square feet.
15. Joan Macney said that she was a deacon at this church and said that there
should be an element of trust for the good of the community.
Sanchez said the church sent out letters and packets to all of the neighbors.
David Guthrie asked if the metal was slate colored. Sanchez replied that it was
zinc, which was a velvety textured metal with almost no reflectivity and absorbs
light. Blaich stated that this roof replaces asbestos shingles.
LJ Erspamer read the definition of essential public facility (page 10 of the memo)
and asked staff to elaborate on that. Sara Adams replied that essential public
facility was what they have used in the past to review churches. Erspamer asked if
a change in use occurred they would have to come back before P&Z. Jennifer
Phelan responded that this was a conditional use so if there was a major
amendment to their plan they would have to come back to the Planning & Zoning
Commission.
The commissioners were all good with the GMQS, Conditional Use, Special
Review criteria.
Erspamer asked what the percentage of site coverage was with the lowered FAR to
9,000 square feet. Sanchez replied that it was probably 36 or 37%.
The alley variance discussion included Guthrie commented that they alley that he
lived on had setbacks everywhere; all of the alleys had encroachments whether it
was a garbage dumpster enclosure or a building, which was part of the messy
vitality that used to be desirable here. Brian Speck and Dylan Johns said that there
was not a hardship for the setback variance. Johns said that a garage was one
nature for an alley variance but a building that was 18 feet tall was another; he said
that it was partly a scale matter.
Erspamer said dropping the square footage made a difference for him.
Adams said that to grant a variance was generally consistent with the purposes
goals, objectives and policies of the AACP. Adams said that she demonstrated in
other exhibits that they do find that expanding the church for the reasons in the
application that meet the AACP, in terms of providing community services.
Adams stated to grant a variance there was the minimum variance possible for the
Exhibit C 7
P&Z Meeting Minutes August 28, 2007
Aspen Planning & ZOlling Meeting Minutes -August 28, 2007
reasonable use of the parcel, building or structure; based upon the application it
was the minimum variance. Adams noted that the 3`d criteria was hardship and
because the applicant was not doing a scrape and replace but working with the
existing and difficult form; they were trying to keep the scale down and the shape
of the parcel was unique, which was another constraint. There were certain corners
that were in the setback and not the entire structure.
John Rowland said that this was a minor infraction on the alleys and there was a
balancing act. Sanchez utilized the model to show the element that was low scale
and the impact was minimal for the benefits that this space will produce for the
church, congregation and the community.
Erspamer said that listening to what Jennifer and Sara had to say there was a limit
on the church activities. Jim True noted that expanded use was not a part of the
application.
Johns said that functionally speaking there was an argument to take the main
portion of the current church and grant that the extension that they were requesting.
Johns said that he was having issues with the additional part of the building sharing
that same variance, which goes along with the fact that they were having to work
with an atypical design space and may need a little more to make full use of the
space for their purposes.
MOTION: Brian Speck moved to approve Resolution #23, series 2007, approving
with conditions, an increase in floor area from 7,118 square feet to approximately
9, 000 square feet though Conditional Use process, an establishment of off-street
parking requirements through the Special Review process to require four (4) onsite
spaces and one (1) stacked space, the required dimensional variances as indicated
in Staff's memorandum and recommending Ciry Council approve with conditions,
Growth Management Review for an Essential Public Facility. Seconded by David
Guthrie. Roll cal vote: Erspamer, yes; Johns, no; Guthrie, yes; Speck, yes;
Rowland, yes. APPROVED 4-1.
John Rowland supported staff in the research and code interpretation.
Adjourned at 7:00 p.m.
Jackie Lothian, Deputy City Clerk
Exhibit C g
P&Z Meeting Minutes Augus[ 28, 2007
Regular Meeting Aspen Planning s Zoning Commission August 19, 1980
Hunt asked if the staff were going to do something about
the 90 day limit for subdivision exceptions. Aunt suggested
an automatic 45 day extension which would save time. Ms.
Smith said the people working on revising the Code will
look at this.
Hedstrom said the Christ Episcopal Church public hearing
would be held later.
Employee Units
in Lodges Karen Smith, planning director, told the Hoard the staff
Resolution had misread the Board's wishes on this resolution. The
Hoard had wanted to be more liberal in the single family
zone district and review an unlimited amount of expansion
by special review.
Anderson moved to approve and adopt Resolution 80-09 and to
strike the word "or" in the second line of the first para-
graph; seconded by Ms. Klar. All in favor,with the
exception of Hunt. Motion carried.
Christ Episcopal
Church Condition Karen Smith said this was discussed at a previous P & Z
Use meeting; she is ready to answer c*uestions and to bring to
the Board a compromise worked out by staff, the Church and
neighbors. Ms. Smith said there was a question whether
this required conditional use; it does because it is the
location of parking on the lot of a conditional use in the
R-6 zone. The Church is a conditional use and any expansion
or modification requires approval. P & z is being asked to
approved a reduction of parking and to approve the config-
uration of that parking.
Ms. Smith recommended as a compromise that the parking be
reduced from 14 to 12 with 9 implemented right now and 8
spaces held in abeyance to demo parking on the streets.
Ms. Smith presented a revised site plan; the 4 spaces to
be implemented now are to be behind the Rectory with an
access driveway off the alley. The conditions of this
approval should be with the understanding that the Rectory
is not on a separate parcel; the five lots comprise one
undivided parcel. Any division in interest would require
subdivision or exception. Separating the lots would dimin-
ish the ability to service the Church with parking.
Another condition is to reserve the right, if parking is
insufficient, for any party to be able to seek review of
the parkins with increase to 14, or the reconfiguration of
parking through a condition use hearing. The soonest this
should be reconsidered is in one year. It has been aug-
guested a landscaping plan should be given to the planning
office; there has been no agreement on this.
Jay Hammond, engineering department, said he is not
inclined., from an engineering standpoint, to recommend a
reduction to 4 spaces. Hammond had recommended there be
10 spaces. The configuration ie a special consideration in
view of the neighborhood; however, Hammond said he was not
that comfortable with 4 spaces. Ms. Smith said two of the
spaces will be used for the Rectory. The parking is
accessed off the alley and people will probably tend to use
the street. The neighborhood feels that the sporadic park-
ing is tolerable. Hedstrom agreed the planning office and
P & Z should accede to compromise dictated by the wishes
of the neighbors and the need of the Church.
Hedstrom opened the public hearing.
Nick McGrath, representing Charles Collins who resides
directly across the alley from the Church. McGrath stated
,,.. ~ Exhibit D
~,. Planning and Zoning Commission Minutes~ugust 19, 1980
RECORD OF PROCEEDINGS 100 Leaves
Regular Meeting Aspen Planning & Zoning Commission Au ust 19 1960
generally supports the reduction in parking and realizes
no matter how much parking is behind the Church pill not
fulfill the needs of the Church. A problem with putting
too much parking behind the Rectory is the alley itself.
The alley entrance is very narrow and in the winter it is
difficult to use. McGrath said his client would prefer
parking, if any, to the front of the Church with a curb
cut, which would improve traffic flow. McGrath supported
asking the Church to file a landscaping plan with the
planning office.
Charles Shepard, the Church, said they supported the reduc-
tion. They originally thought a large amount of parking
was required. Shepard said they do intend to landscape;
however, he would prefer not to be tied down to a specific
plan. But if the P & Z directs they have a plan, they will.
Hunt asked if the parking were to be increased to 12 or 14,
would the parking lot be paved. Otherwise there would be
a terrible dust problem. Ms. smith said that was discussed
but was not part of the recommendation but it could be
included with the review criteria.
Hedstrom asked about the parking in the front and the idea
that it may be preferable. Ms. Smith said it was discussed
and the engineering department expressed reservation at
the time. Ms. Smith said this is mainly an engineering
matter. Ms. Smith said she felt the visual impact on the
front would be even greater. The Church is neutral on this
question. Hedstrom said the parking in the front of the
Church was probably continue until the city enforces a
curb and gutter in that area. Anderson said with the Codes
the parking could not be done in front. Ms. Klar agreed
the impact seemed to be landscaping over parking, and that
is the direction they should head. George Stark supported
McGrath's view point. Pam Beck questioned parking in the
alley and having the snow plowed. It may be impossible
to park there at all.
Hedstrom closed the public hearing.
Hunt moved to recommend the reduction in parking from 14 to
12; approving the parking configuration of 9 spaces now as
proposed with 8 held in abeyance and conditioned upon (1)
five lots constituting one undivided development and (2)
right is reserved to review numbers and configuation of
parking including requirement to pave spaces and alley on
an annual basis in response to complaint of interested
party,-and (3) file a landscape plan; Hunt amended His
motion to include in condition number 1 that the five lots
constituting one undivided development. and that the entire
parcel is integral to the parking needs of the Church;
seconded by Anderson. All in favor, motion carried.
Anderson moved to adjourn at 7:15 p.m.; seconded by Ms.
Klar. All in favor, motion carried.
/' ~
Kathryn Koc X, ,I~-ity Clef
Exhibit D
Planning and Zoning Commission Minutes, August 19, 1980
Aspen Plannine & Zoning Commission Meetin¢ Minutes - Aueust 7, 2007
would generate. Vann responded there would clearly be an increase in the level of
activity that currently was being done in this area; there were proposals to transport
individuals from Ruby Pazk and other hotels along Dean Avenue and Durant via
the trolley system. Vann said the street section was designed to handle the level of
traffic.
Guthrie asked when the time was to ask about the large hotel vehicles driving one
person two blocks and how that could be dealt with; this was like a private limo
service. Phelan stated that this was apublicright-of--way, which was a much
broader scope than just this application. Guthrie said that he could not put the
community issues on this one project.
MOTION: David Guthrie moved to approve Resolution #22, series of 2007
incorporating Exhibit D, the language including APCHA pay for the Deep Powder
cabins as affordable housing and consider funding options for their rehabilitation ,
the volleyball courts timing, concern for the location of the Ski Museum; seconded
by Brian Speck. Roll call vote: Rowland, yes; Speck, yes; Guthrie, yes; Erspamer,
no. APPROVED 3-1.
LJ Erspamer explained that the application does not promote the efficient use of
land with the change of conservation zone to lodge. Erspamer said he would like
to see this project become pedestrian friendly; there was too much traffic and
pazking was a problem. Erspamer thanked the applicants.
PUBLIC HEARING:
CHRIST EPISCOPAL CHURCH GMQS AND OTHER LAND USE
APPROVALS
John Rowland opened the public hearing for Christ Episcopal Church. Sara
Adams stated that the reviews before P&Z were Growth Management for an
essential public facility recommendation to City Council; a Conditional Use to
increase the floor area from 7,118 to 9,500; Special Review to establish parking
requirements; and Dimensional Variances.
Adams explained that Planning & Zoning in 1980 approved 12 parking spaces with
4 on site and 8 spaces abeyance for future implementation. The development
requires a 5 foot rear yard setback, where 10 feet is required; a variance for site
coverage was also required. Adams stated that overall this project balances the
Exhibit C
P&Z Meeting Minutes August 7, 20076
APPLICAnT:
ATTACHMENT 2 -LAND USE APPLICATION
Name: Cr6f~/~/7 ~//~'GO~~/'L ~i~(1J~GH
Location: ~7/' ,6 W . J~o2T~/ Gb7S /~-/,~_ {~LOG(C 9c/ ~~5 /~/1!%L.7C
Parcel [D #
REPRESENTATNE:
(Indicate street address, lot & block number, legal description where appropriate)
Name: GIL~ILT sf}X{G~Z
Address: S-0 ~ ~0 G>u}~Q~ p(~f -CE ~ . `D ~ ~}"S~/Sr! Cy U /( /~
Phone #: q~ . ~(¢ ~ ~~°
PROJECT:
Name: ~i~~$~T ~($'(,d~,q2 Gf(tJ(LG~~
Address: s~j /p ~(/ . )~2T~
Phone#: 9~S j1"]°o
TYPE OF APPLICATION: (please check all that apply):
Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt.
Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development
^ Design Review Appea] ^ Conceptual SPA ^ Minor Historic Dev[.
GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historicbemolition
GMQS Exemption ^ Subdivision ^ Historic Designation
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
^ Lot Split ^ Temporary Use ~ Gther:V~~iUn~(,~m
^ Lot Line Ad'ustment ^ Text/Ma Amendment
EXISTING CONDITIONS: (descri tion of existin buildin s, uses, revious a royals, etc.)
Gf~~K ~i ~I~IZG!%5 ~ ~~~~ ~YYP2ay~ P>Y PLUS ca,~ro/TWFU~-L
USE T~i6ws ~ S,~uir~- la6vl6w ~K-- P~~kG
PROPOSAL: (description of ro osed buildings, uses, modifications, etc.)
,~~uo/~6L DF d~IGZ,yN2-- CN~/~/ BGt~~ lku~cJ/~c,~ /N/~J/TcoN T~
~/~Po~T SP cF-S O/Zcor~d~Yc-- ~:rrv~ sP/~-~
Have you attached the Following? FEES DUE: $
Q Pre-Application Conference Summary '
[~ Attachment#l, Signed Fee Agreement
[~]' Response to Attachment #3, Dimensional Requirements Form
[~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds
All plans that are larger than 8.5" x 11"must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
PROJECT NARRATIVE
CHRIST EPISCOPAL CHURCH
536 W. NORTH ST.
This application seeks the City of Aspen's approval for development to the Christ Episcopal
Church property at 536 West North Street. The proposed development plans are intended to
enhance the worship and fellowship facilities for the church's congregation and to provide
adequate administrative and support spaces for the church staff. This will permit the church to
continue its significant contributions to our community, to minister to its congregation's spiritual
needs and to maintain its traditional identity in Aspen's West End.
Christ Episcopal Church was established in 1881 during the height of Aspen's early mining days.
The original church building, located at the corner of Second & Bleeker Streets, was later closed
as a result of Aspen's dwindling population during the "Quiet Years." The town's revival after
World War II as a resort destination saw the reestablishment of the church in the building that
now houses La Comida restaurant, and later, in its current location. Opened in August of 1962,
the existing distinctive arched church, designed by Chicago architect and part-time Aspen
resident Francis Stanton, has been an integral component of the West End neighborhood
for almost 45 years. The contemporary design is reflective of the modernist design philosophy
fostered by Walter Paepke, Herbert Bayer and others influential in the post-war renaissance of
Aspen. Modest expansions to the south of the original building were completed in 1973 and in
1976 as approved by City of Aspen Special Review. In 1981, the adjacent rectory was built to
provide employee housing on-site.
The proposed scope of work described in this application will allow for church facilities that
respond to current accessibility requirements, comply with all life/safety codes, and provide
the necessary program spaces for the fulTillment of the church's mission. The original arched
church structure will be extended an additional 12' to the north and current deficiencies, such as
roof leaks, poor lighting, ventilation and acoustics will be corrected. New construction will
replace the existing support spaces added to the church in the 70's. This low-scaled element
accommodates kitchen & fellowship spaces, adequately-sized toilet rooms and much-needed
storage areas for the church. The building floor area will increase from 7,118 SF to 9,000 SF.
Overall, significant improvements in the church's energy efficiency and sustainability are
expected to be realized.
The proposed development plan requires the following approvals from the City of Aspen's
Planning & Zoning Commission and the City Council:
• GMQS Review for Essential Public Facilities
• Conditional Use Review
• Special Review for Parking
• Variances from Dimensional Standards in R-6 Zone District
Responses to the relevant review criteria are outlined below.
GROWTH MANAGEMENT QUOTA SYSTEM
This proposal responds to Section 26.470.040.D.3 Essential Public Facilities as follows:
a) The Community Development Director has determined the primary use and/or structure
to be an Essential Public Facility. (See definition.) Accessory uses may also be part of
an Essential Public Facility.
Response: An essential Public Facility is defined by the City of Aspen Land Use
Code as "a facility which serves an essential public purpose, is available for use
by, or for benefit of, the general public and serves the needs of the community."
The Aspen community has long embraced the significant role of our local religious
institutions as important contributors to the quality of our daily lives. Christ
Episcopal Church has enhanced our community's ability to achieve the Aspen
Idea -the cultivation of the mind, body & spirit -Tor almost 45 years.
b) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.0. Development Ceiling Levels and Section
26.470.030.D, Annual Development Allotments.
Response: Dedicated Annual Development Allotments do not exist for churches
or other religious facilities. The City of Aspen Planning & Zoning Commission
and the Aspen City Council may, at their discretion, grant such allotments based
on the merits of each application.
c) The proposed development is consistent with Aspen Area Community Plan.
Response: The Aspen Area Community Plan states "The genuine character of our
community should be measured by the quality of our human interactions, and not
by the physical look of our man-made artifacts or the magnificent beauties of the
nature surrounding us." The Christ Episcopal Church core values and vision
statement include the following:
o Christian love for one another and for others, expressed through hospitality,
community-building, and friendship.
o Christian love for one another and for others, expressed through
compassion, service and giving of ourselves.
o United by faith in Christ, we will honor the uniqueness of every person,
caring with compassion for the spiritual and physical needs of our brothers
and sisters.
The church reaches out beyond its own congregation to foster "quality human
interactions" among the broader Aspen community. Programs and facilities for
diverse activities from AA meetings to concerts by Aspen Music Festival and
School musicians serve to enhance daily life Tor the citizens of our town. The
proposed development will permit the church to continue this important
community role.
d) A sufficient percentage of the employees expected to be generated by the project are
mitigated through the provision of affordable housing or cash-in-lieu thereof in a
manner acceptable to City Council. The Employee Generation Rates may be used as a
guideline but each operation shall be analyzed for its unique employee needs. The City
Council may waive, or partially waive, affordable housing mitigation requirements as
is deemed appropriate and warranted for the purpose of promoting civic uses and in
consideration of broader community goals.
Response: The proposed Christ Episcopal Church development plans do not
anticipate any increases in the current number of church employees. The existing
2,897 SF rectory, built on-site in 1981, houses the rector and deacon. Two other
employees, the administrative assistant and the music director, fill part-time
positions at the church.
e) Free-Market residential floor area on the parcel is accompanied by affordable housing
units or mitigation pursuant to 26.470.040.0.6, unless otherwise restricted in the zone
district. The City Council may waive, partially waive, or establish a different limitation
as deemed appropriate and warranted for the purpose of promoting civic uses and in
consideration of broader community goals.
Response: The proposed Christ Episcopal Church development plans do not
include free-market residential floor area.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Response: The proposed Christ Episcopal Church development plan is intended
to provide appropriate worship, fellowship and support spaces for its current
congregation and the Aspen community. Code compliance, energy efficiency,
sustainability, and accessibility are primary goals of this work. Expanded
membership and additional programming are not.
As a result of satisfying current plumbing codes, additional plumbing Textures will
be required. However, the use of current technologies like low-flow water closets
will minimize the potential impacts on water & sewage treatment systems.
Similarly, efficiencies in other new building systems &components will have
mitigating effects that increase the current facility's performance and reduces its
impact on public infrastructure. New heating/ventilation and lighting systems will
improve energy consumption. Appropriate building insulation in the existing
arched church and properly designed building enclosures in the new construction
will achieve exceptional thermal performance. Fire suppression systems will
provide a measure of safety that does not now exist for the church and its adjacent
neighbors.
Parking is addressed in more detail later in this application.
CONDITIONAL USE AMENDMENT
This proposal responds to Section 26.425.040 Standards Applicable to All Conditional Uses as
follows:
A. The conditional use is consistent with the purposes, goals, objectives and standards of
the Aspen Area Community Plan, with the intent of the zone district in which it is
proposed to be located, and complies with all other applicable requirements of this title.
Response: The conditional use of this property by the Christ Episcopal Church is
consistent with the Aspen Area Community Plan as outlined in the Growth
Management Quota System, Item c) above.
Paragraph 26.710.040.0.1 lists "Arts, Cultural, and Civic Uses" as permitted
conditional uses for the Medium-Density (R-6) zone district.
B. The conditional use is consistent and compatible with the character of the immediate
vicinity of the parcel for the development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
Response: The conditional use of this property by Christ Episcopal Church is a
tradition that dates back to the existing church's construction on the site in 1962.
Similar uses are evident throughout the Medium-Density (R-6) zoning district that
comprises this West End neighborhood. These include: The Aspen Community
Church at 200 E. Bleeker, the First Baptist Church at 726 West Francis, and the
Christian Science Society at 734 West Main. These organizations, like Christ
Episcopal Church, are familiar, integral, and traditional components of their
surrounding neighborhood.
C. The location, size, design and operating characteristics of the proposed conditional use
minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking ,trash, service delivery, noise, vibrations and odor on
the surrounding properties.
Response: The Christ Episcopal Church has operated at this location for almost
45 years. The proposed development plan is intended to allow the church to
continue its traditional role in serving its congregation and the Aspen community
with facilities that minimize adverse effects on the neighboring properties.
Since the original arched church building has only been modestly expanded (most
recently 31 years ago in 1976), the existing building provides inadequately sized
and inefficient spaces for the church's current needs. This application seeks the
City of Aspen's approval to increase the building area from 7,118 SF to 9,000 SF -
an additiona12,382 SF. Dimensional requirements for the R-6 zone district permit
up to 4,050 SF by right on the parcel. The attached drawings illustrate design
concepts that minimize the impacts of this additional area. These include:
o Separate buildings reduce the mass and scale of the proposed building
area on the site. The existing rectory remains a separate, independent
structure of 2,897 SF. It will continue to provide dedicated employee
housing for the church, and it is not included in the scope of work of the
proposed development plans.
o Distinct modules reduce the mass and scale of the proposed building area
on the site. The 6,603 SF intended for worship, fellowship & support
spaces is divided among two distinct modules: the original arched church
building and an adjacent sloped-roof support structure. These elements
are joined by a glazed circulation spine.
o The scale and rhythm of the adjacent neighborhood is reinforced. The
distinct building components -original church, addition and rectory -
reflect the traditional rhythm of the typica130' wide lots identified in
Aspen's historic town plan.
o The lower level building area is partially below grade. Approximately'/a
of the volume of this level is below grade reducing the overall visual
impact of this floor area. This was a design feature of the original arched
church and is being incorporated in the new addition as well.
o The sloped- roof of the new addition reduces the building height. The roof
slopes from front to back resulting in a lower scale along the alley to
minimize impacts on views & light for the neighbors.
D. There are adequate public facilities and services to serve the conditional use including
but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems and
schools.
Response: New efficiencies of the proposed development plans outlined in the
Growth Management Quota System, Item f) above will minimize impacts on
available public utilities and services. Existing public facilities are adequate for
the conditional use.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
Response: The proposed Christ Episcopal Church development plans do not
anticipate any increases in the current number of church employees. The existing
2,897 SF rectory, built on-site in 1981, houses the rector and deacon. Two other
employees, the administrative assistant and the music director, fill part-time
positions at the church.
SPECIAL REVIEW FOR OFF-STREET PARKING
This proposal responds to Section 26.515.040 Special Review Standards as follows:
A. A Special Review for establishing, varying, or waiving off-street parking requirements
may be approved, approved with conditions, or denied based on conformance with the
following criteria:
The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
Response: Currently, 4 on-site parking spaces are provided in a stacked
configuration behind the rectory. These are accessed from the alley. The church
congregation and members of the community that use the existing facility park on
the street, walk within the West End neighborhood or take advantage of the
RFTA cross-town shuttle that serves the neighborhood.
The design proposal increases the on-site parking to 5 spaces. (Only 2 of these
spaces will be stacked parking.) Access will remain from the alley. The
traditional use of street parking and transit routes will continue to be used by the
church's members and the general public. Since the proposed development plans
do not anticipate expansions in church membership or programming, parking
demands are not expected to increase beyond the current usage.
2. An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario.
Response: In 1980, the City of Aspen approved a Special Review for Parking for
the Christ Episcopal Church property that permitted 10 on-site parking spaces.
This plan was never implemented. The requirement to satisfy the 1980 Special
Review for Parking at this time would have the following undesirable results:
o It would prevent the realization of the development plans outlined in
this application; thereby reducing the viability of the church, its
mission, and its contributions to our community.
o It would result in the loss of open space on-site.
o Increased building mass on North Street would be likely.
The 1980 Special Review did not anticipate the current spatial needs of the Christ
Episcopal Church.
Existing or planned on-site or off-site parking facilities adequately serve the
needs of the development, including the availability of street parking.
Response: Existing off site parking on adjacent streets has proven to be
satisfactory for the 45 years Christ Episcopal Church has been in this West End
location. No additional demands are expected. Similar uses by the Aspen
Community Church, the First Baptist Church and the Christian Science Society
are evidence that street parking is compatible with the neighborhood.
A2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure.
Response: The requested variance is the minimum variance that would permit
the plans outlined in this application to be realized, thus insuring the viability of
the church, its mission, and its contributions to our community. The project
would improve the availability of on-site parking with the addition of 1 space for a
total of 5 spaces.
A3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district, and would cause the applicant unnecessary hardship or practical difficulty. In
determining whether an applicant's rights would be deprived, the board shall consider
whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other
parcels, buildings, or structures, in the same zone district.
Response: The Aspen Area Community Plan considers the role and contributions
of Christ Episcopal Church to be desirable in sustaining a vibrant community.
The West End neighborhood R-6 Zone District supports many similar uses. The
Aspen Community Church, the First Baptist Church and the Christian Science
Society all enjoy relief from parking requirements of this area.
VARIANCE FROM DIMENSIONAL STANDARDS OF THE R-6 ZONE DISTRICT
This proposal responds to Section 26.314.040 Standards Applicable to Variances as follows:
A1. The grant of variance will be generally consistent with the purposes, goals, objectives,
and policies of the Aspen Area Community Plan and this Title.
Response: The grant of variance will permit the implementation of the
development plans outlined in this application. This will allow the Christ
Episcopal Church to continue its. traditional role in the Aspen community, to
maintain its West End identity, and to successfully minister to its congregation. It
has been demonstrated above that the church's contributions are supported by
the Aspen Area Community Plan.
A2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure.
Response: The grant of the requested variances to allow reduced setbacks at the
west sideyard, the rear property line and increased site coverage will permit the
Christ Episcopal Church to continue its traditional role in the Aspen community
with improved, accessible, code-complying and energy efficient facilities. The
variances allow the church to retain and enhance the signature 45 year old arched
structure. The original siting of this building and subsequent development on the
site has resulted in several dimensional non-conformities. These include west, east
and combined sideyard setbacks as well as site coverage.
The site is uniquely shaped. It is a trapezoid that results from the transition of the
Aspen town grid to the neighboring Aspen Institute property. The skewed angle
of the north alley property line minimizes the impact of the requested variance on
the adjacent property. Only the northeast corners of the expanded original
church building and the new support facilities will be 5' back from the property
line. The rear facades recede up to 8'10" from the property line due to the angle
of the lot lines.
The impact of this variance is further mitigated by the relatively low scale of the
building components. The arched expansion peaks at 28' above grade but drops
quickly to reduce the building profile. The parapet of the new addition is 18'6"
above grade and it reflects an appropriate residential scale at the alley property
line.
The existing non-conforming sideyard setbacks are a result of the original arched
church building and the rectory built in 1981. Since these buildings are being
retained in their current locations, this situation will remain unchanged.
The grant of variance for site coverage is the minimum variance that will permit
the church to realize appropriately sized facilities as proposed in this application.
The careful control of mass, scale, building form and height results in sufficient
open area to relate comfortably to the adjacent residential neighborhood.
A3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district, and would cause the applicant unnecessary hardship or practical difficulty. In
determining whether an applicant's rights would be deprived, the board shall consider
whether either of the following conditions apply:
c. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
d. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other
parcels, buildings, or structures, in the same zone district.
Response: The original arched church has been on this site since 1962. The
rectory is the most recent addition to the site built 26 years ago. These existing
site conditions and the evolution of the dimensional requirements for the R-6 Zone
District have created unique restrictions for this conditional use. The Aspen Area
Community Plan supports the continued role and contributions of the Christ
Episcopal Church. The granted variance would permit the church to maintain its
traditional West End identity in appropriate, accessible, code-complying and
energy efTicient facilities into the future.
To: Aspen City Council
From: Neighbors of Christ Episcopal Church
Date: December 7, 2007
Re: Christ Episcopal Church GMQS Review, December 10, 2007
We are writing in regard to the Christ Episcopal Church (Church) Application for GMQS
review. We are neighbors of the Church. We ask Council to grant the Church's GMQS
application on the condition that the proposed expansion be reduced to the minimum
size necessary to accomplish the Church's stated purposes of energy efficiency, building
code compliance, and accessibility.
As you well know, this a growth management (GMQS) review application, and the
purpose of GMQS review is to ensure that new growth occurs in an orderly and efficient
manner, is designed to maintain the character and ambiance of the City of Aspen, and
implements the AACP's goals and policies. GMQS review asks the Council to determine
whether a proposed development is consistent with the AACP, and the AACP says in
the section on design standards that a building should be built in context with its
surroundings.
We have no doubt that the Church provides benefits to the community, and that its
programs are therefore consistent with the AACP. However, GMQS review, being about
impacts on growth and development, as well as community benefits, is the place where
Council can evaluate the context and compatibility of a proposed expansion. The
Church provides beneficial programs today in its current size, and can continue to do so
with a more modest expansion.
Staff concludes that the proposed expansion is compatible with and senskive to the
context of the residential neighbofiood. We do not agree. The expansion is too
extensive, too large, and way out of context with the R-6 neighborhood in which it is
located.
In its November 2 memo to Council, staff describes the extent of the Church's proposed
expansion with only one set of numbers (noting a proposed floor area increase from
7118 sf to 9000 sf). We think that other numbers better describe the extent of this very
significant expansion proposal.
Expansion, using numbers From existing To proposed % INCREASE
from the Nov. 2 staff memo
Increase in FAR of both buildings from 7118 sf to 9000 sf 26%
on the site -the church building
and the rectory (although no
modification or expansion of the
recto is ro osed
Church GMQS Letter, page 1
December 7, 2007
Consider the following:
Expansion, using numbers From existing To proposed % INCREASE
from other documents and approximate approximate
plans in the file. (Numbers are
approximate because they seem
to be changing as the architect
verifies dimensions.
Increase in FAR of the church from 4322 sf to 6176 sf 42%
building alone, without the rectory
(because the rectory is not being
modffied or ex ended
Increase in actual square footage from 5792 sf to 9000 sf 55%
of the church building, not
includin the recto
Increase in percentage of lot from 28% to 40% 43%
coves e
Proposed lot coverage compared allowed 27% proposed 40% 50% greater
to lot coverage allowed in the coverage than
neighborhood on a lot the size of allowed in the
the Church's lot. nei hborhood
Proposed FAR compared to the allowed 4470 sf proposed 9000 101 % The
FAR allowed in the neighborhood sf buildings as
on a lot the size of the Church's proposed are
lot. 2x as large as
allowed in the
nei hborhood.
Proposed rear setback compared
to rear setback re wired in the 10' required 5' proposed
nei hborhood
It is hard to imagine that an expansion of the magnitude indicated in the table above
could be considered "in context" and "compatible" in a neighborhood where no other
property would be allowed to come anywhere Gose to the FAR, floor area, lot coverage,
or setback exception as proposed by the Church.
The Church states, and the staff confirms in the staff memo, that the Church has no
intent to increase its programs or its membership. The Church states that it needs to
expand its building in order to increase energy efficiency, comply with the building
codes, and improve accessibility. We believe that all of these purposes are laudable.
However, the Church has presented absolutely no verifiable information relating the
additional space to codes, energy efficiency, or accessibility. Common sense suggests
that these goals can be accomplished with a much smaller impact on the neighborhood.
Church GMQS Letter, page 2
December 7. 2007
No one in the neighborhood would receive approval for an addition so in excess of
neighborhood zoning rules. We do not see why the fact that the Church is a Church
would give d greater rights in this case. There is a federal statute, the RLUIPA, that
limits the government's power to impose or implement land use regulations that impose
a substantial burden on religious exercise. However, rules and regulations imposing a
burden on religion that is less than a substantial burden may and should be applied to
churches and other religious entities the same as to anyone else. We certainly don't see
how a slightly less expanded community room and a slightly less expanded sanctuary
could in any way be deemed a substantial burden on the Church's religious
undertakings.
We bring up RLUIPA because it was discussed at P&Z. If Council has concerns about
the effect of RLUIPA, we hope you will consider carefully the precedent-setting
implications of approving a development proposal that effectively and substantially
waives all applicable neighborhood zoning rules. We think that precedent-setting is a
concern because RLUIPA also prohibits unequal treatment and discrimination on the
basis of religion or religious denomination.
In short, we ask that you evaluate this proposal in the same careful process that you
would use to consider a request from any neighbor to expand a building in excess of the
codes. We believe you would require any of us to protect the "scale, massing, and
character" of our neighborhood (a goal stated in the AACP) and to build structures of a
size appropriate to the specific land they occupy.
Furthermore, to the extent that the original church building has historic significance (a
consideration consistently mentioned in staff memos), a more modest expansion would
better preserve the historic look of the building.
In conclusion, we ask that you approve only the expansion that can be proven necessary
for accessibility, energy efficiency, and code compliance, and that you give very little
weight to expansion that is simply a preference or a dream for a bigger building. This is
consistent with the GMQS goals of efficient and orderly growth and the context and
compatibility goals of the AACP.
Thank you for your consideration.
Steve and Debbi Falender
603 W. Gillespie St.
Church GMQS Letter, page 3
December 7. 2007
~~`o a
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To: Aspen City Council
From: Neighbors of Christ Episcopal Church
Date: December 7, 2007 '
Re: Christ Episcopal Church GMQS Review, December 10, 2007
As a neighbor of Christ Episcopal Church, I wish to state my opposition to the GMQS
Application for the Christ Episcopal Church proposed expansion. Steve and Debbie
Falender's letter to the Aspen City Council dated December 7, 2007 expresses my
feelings regazding this excessive expansion. I concur and support the Falender's analysis
and conclusions.
Thank you for reviewing this application.
Print Name
Signature
Address
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To: Aspen City Council
From: Neighbors of Christ Episcopal Church
Date: December 7, 2007
Re: Christ Episcopal Church GMQS Review, December 10, 2007
We are writing in regard to the Christ Episcopal Church (Church) Application for GMQS
review. We are neighbors of the Church. We ask Council to grant the Church's GMQS
application on the condition that the proposed expansion be reduced to the minimum
size necessary to accomplish the Church's stated purposes of energy efficiency, building
code compliance, and accessibility.
As you well know, this a growth management (GMQS) review application, and the
purpose of GMQS review is to ensure that new growth occurs in an orderly and efficient
manner, is designed to maintain the character and ambiance of the City of Aspen, and
implements the AACP's goals and policies. GMQS review asks the Council to determine
whether a proposed development is consistent with the AACP, and the AACP says in
the section on design standards that a building should be built in context with its
surroundings.
We have no doubt that the Church provides benefits to the community, and that its
programs are therefore consistent with the AACP. However, GMQS review, being about
impacts on growth and development, as well as community benefits, is the place where
Council can evaluate the context and compatibility of a proposed expansion. The
Church provides beneficial programs today in its current size, and'can continue to do so
with a more modest expansion. _
Staff concludes that the proposed expansion is compatible with and sensitive to the
context of the residential neighborhood. We do not agree. The expansion is too
extensive, too large, and way out of context with the R-6 neighborhood in which it is
located.
In its November 2 memo to Council, staff describes the extent of the Church's proposed
expansion with only one set of numbers (noting a proposed floor area increase from
7118 sf to 9000 sf). We think that other numbers better describe the extent of this very
significant expansion proposal.
Expansion, using numbers From existing To proposed % INCREASE
from the Nov. 2 staff memo
Increase in FAR of both buildings from 7118 sf to 9000 sf 26%
on the site -the church building
and the rectory (although no
modification or expansion of the
recto is ro osed
Church GMQS Letter, page 1
December 7, 2007
Consider the following:
Expansion, using numbers From existing To proposed % INCREASE
from other documents and approximate approximate
plans in the file. (Numbers are
approximate because they seem
to be changing as the architect
verifies dimensions.
Increase in FAR of the church from 4322 sf to 6176 sf 42%
building alone, without the rectory
(because the rectory is not being
modified or ex anded
Increase in actual square footage from 5792 sf to 9000 sf 55%
of the church building, not
includin the recto
Increase in percentage of lot from 28% to 40% 43%
covers e
Proposed lot coverage compared allowed 27% proposed 40% 50% greater
to lot coverage allowed in the coverage than
neighborhood on a lot the size of allowed in the
the Church's lot. nei hborhood
Proposed FAR compared to the allowed 4470 sf proposed 9000 101 % The
FAR allowed in the neighborhood sf buildings as
on a lot the size of the Church's proposed are
lot. 2x as large as
allowed in the
nei hborhood.
Proposed rear setback compared
to rear setback required in the 10' required. 5' proposed
nei hborhood
It is hard to imagine that an expansion of the magnitude indicated in the table above
could be considered "in context" and "compatible" in a neighborhood where no other
property would be allowed to come anywhere close to the FAR, floor area, lot coverage,
or setback exception as proposed by the Church.
The Church states, and the staff confirms in the staff memo, that the Church has no
intent to increase its programs or its membership. The Church states that it needs to
expand its building in order to increase energy efficiency, comply with the building
codes, and improve accessibility. We believe that all of these purposes are laudable.
However, the Church has presented absolutely no verifiable information relating the
additional space to codes, energy efficiency, or accessibility. Common sense suggests
that these goals can be accomplished with a much smaller impact on the neighborhood.
Church GMQS Letter, page 2
December 7, 2007
No one in the neighborhood would receive approval for an addition so in excess of
neighborhood zoning rules. We do not see why the fact that the Church is a Church
would give it greater rights in this case. There is a federal statute, the RLUIPA, that
limits the government's power to impose or implement land use regulations that impose
a substantial burden on religious exercise. However, rules and regulations imposing a
burden on religion that is less than a substantial burden may and should be applied to
churches and other religious entities the same as to anyone else. We certainly don't see
how a slightly less expanded community room and a slightly less expanded sanctuary
could in any way be deemed a substantial burden on the Church's religious
undertakings.
We bring up RLUIPA because it was discussed at P&Z. If Council has concerns about
the effect of RLUIPA, we hope you will consider carefully the precedent-setting
implications of approving a development proposal that effectively and substantially
waives all applicable neighborhood zoning rules. We think that precedent-setting is a
concern because RLUIPA also prohibits unequal treatment and discrimination on the
basis of religion or religious denomination.
In short, we ask that you evaluate this proposal in the same careful process that you
would use to consider a request from any neighbor to expand a building in excess of the
codes. We believe you would require any of us to protect the "scale, massing, and
character" of our neighborhood (a goal stated in the AACP) and to build structures of a
size appropriate to the specific land they occupy.
Furthermore, to the extent that the original church building has historic significance (a
consideration consistently mentioned in staff memos), a more modest expansion would
better presence the historic look of the building.
In conclusion, we ask that you approve only the expansion that can be proven necessary
for accessibility, energy efficiency, and code compliance, and that you give very little
weight to expansion that is simply a preference or a dream for a bigger building. This is
consistent with the GMQS goals of efficient and orderly growth and the context and
compatibility goals of the AACP.
Thank you for your consideration.
7~"~C%~
Steve and Debbi Falender
603 W. Gillespie St.
Church GMQS Letter, page 3
December 7, 2007
Notice of Appeal
To: Aspen Community Development Director
Aspen Planning & Zoning Commission
Aspen City Clerk
Aspen City Council
cc: Jim True, Aspen City Attorney's Office
Date: September 10, 2007
From: Jan and Charles Collins, 531 W. Gillespie St., Aspen CO
Steve and Debbi Falender, 603 W. Gillespie St., Aspen CO ~~/+~~~
RE: Christ Episcopal Church, 536 West North Street, Aspen SEP 1 1 2007
Resolution Number 23, Series 2007
Parcel 2735-121-11-808 ~.7r'tdv
B~J!I_Jl~~~ nradR?!y!Fty'
We are neighbors of the above-referenced parcel, and we hereby give notice to
all concemed that we are appealing the decision of the Aspen Planning and
Zoning Commission (hereafter P&Z), made Tuesday, August 28, 2007, on an
application for approvals by Christ Episcopal Church (hereafter Church).
Specifically, the decision we are appealing approved two dimensional variances
-one being a rear yard setback variance, and the other being a site coverage
variance.
The basis for our appeal is that P&Z's decision to approve each of these
dimensional variances was an abuse of its discretion. P&Z did not apply the very
specific standards for granting a variance set forth in Aspen Land Use Code §
26.314.040(A), and the variance decisions were beyond the bounds of reason,
were not supported by evidence in the record, and were contrary to law.
We request that P&Z's decision to approve the Church's application be reversed
or modified, that both dimensional variances be denied, and that the Church be
required to comply with the Code's requirements regarding rear yard setback and
site coverage (except to the extent that site coverage is currently non-
conforming).
This notice of appeal is given pursuant to Aspen Land Use Code § 26.316.030(A)
and asserts a right to appeal to the Aspen City Council under § 26.316.020(6)(4).
If this appeal should instead be presented in the form of a CRCP 106 complaint
to the district court, please consider this our notice to all concerned that we
intend to pursue that course of action.
Memorandum
TO: Mayor and Members of Council
FROM: Tara L. O'Bradovich, Paralegal
THRU: John P. Worcester, City Attorney
DATE OF MEMO: December 3, 2007
MEETING DATE: December 10, 2007
Ike ~5' W a
ear ~noe
ix~
RE: Ordinance No. 52 Series 2007 -Fee Increases, Second Reading
REQUEST OF COUNCIL: Attached for your consideration and review is a
proposed ordinance that, if approved, would increase the fees charged for certain
services provided by City Departments. The Finance Department has provided a
spreadsheet depicting the 2007 current fee, 2008 proposed fee, and percentage
increase if applicable.
The Fee Ordinance maintains the City's policy of requiring consumers and users of its
programs and services to pay fees that aze deemed fair and appropriate for the costs of
providing such programs and services.
DISCUSSION: On second reading, GIS Department and Parking Department Towing
Fee increases are included, both of which were not included First Reading. Please refer
to their respective memorandums. Also, the Golf Departrnent has provided a
memorandum to answer your First Reading inquiries. Tim Anderson will be present at
Second Reading to address the Recreation Department questions.
FINANCIAL/BUDGET IMPACTS: The increased revenues associated with these fee
increases have been factored in the current budget and will affect future year budgets by
increasing the baseline revenues from which future revenues are forecasted from. There
will be no budget amendment necessary.
Community Development Department will be issuing an Request For Proposals for
professional services in the first quarter of 2008 to complete a comprehensive study on
the fees that Community Development is currently charging, which should result in
recommendations for additional changes.
CITY MANAGER COMMENTS:
ATTACHMENTS: Exhibit A -Financial Spreadsheet
Exhibk A
GOLF 2007 2008
Proposed Percent
Section 2.12.010 Current Fe Fee Chance Comr menu
Golf Season Pass _
__
_ _. - _
$900.00 -
$1,000.00 11.1 % Through April 1 _
$1,000.00 _
$1,200.00 20.0% __
After April l
20 Punch Pass _ _
_
$450.00 _
$475.00 5.6% Through Apoll
$500.00 $525.00 5.0% After Apoli
Jr. Golf Pass $115.00 $150.00 30.4
18 Hole Greens Fees $95.00 $95.00 0.0% (8:30am-1:OOpm)
$75.00 $75.00 0.0% (1:OOpm-3:30pm)
$45.00 $45.00 0.0% (3:30pmclose)
Senior Greens Fees $45.00 $52.50 16.7% 18 Hales
$22.50 $22.50 0.0% 9HOles
Junior Greens Fees $45.00 $45.00 0 0 % 18 Holes
_ _ $22.50 _ _
$22.50 0.0% 9HOles
-
GIS _
~~ ._
2.12.053
Preprintetl Standard Maps
Large Format (i 1" x 17:)
$25.75 each
$26.80 each _
_ 4.1 % __
_
Small Format (11"x 17") or less) $5.15 each $10.00 each 94.0% __
Custom Mapping Services $128.75 hour $134.00 hour 4.0% _
Mailing Lists $103.00 pa
Search $107.00 pe
search
3.8%
_
'- us Da pe
s6eeloflabels Plus E1. pe
sheet of laGel -~-
3.8% ---
Digital Data Services $128.75 $134.00 4.1
Parkin
_ _
z. i z oso
D. Miscellaneous Parking Fees
_
__
-
_ _
Towing Fees - For in town for outstantlin9
tickets. snow tows and farmers market
$120.00
$135.00
12.5%
Includes Administative fees associated wdh towing process
_
Towing Fees -Far towing to the City
impound lot located at the Pitkin County
Landfll for 72 hour violations and
abandon vehicles
150.00 __ _
$165.00
0.0 %
ncludes Administrative Fees associated with towing process
Special Events
2.12 080
-
--
- -
SPECIAL EVENTS APPLICATION FEES
_
User
$50.00
$50.00
0.0%
Nonprofit $2500 $25.00 0.0%
___ _ .__
_. _ ___
EVENT FEES
Under 50 people $100.00 NA
50-100people $300.00 _
$300.00 0.0% _ _ __ _
_
Nonprofl organizations _ _ $200.00 _ _ _ $200.00 0.0% _
__ __ _ __
707-200 ea le 500.00 $500.00 0.0%
Exhibit A
_ NOnproPo organizations $300.00 $300.00 0.0% _ _ _,
201-500 people $1,500;00 $1,500.00 _ _ 0.0%
Non rofl organization $300.00 $300.00 0.0%
Over 500 people $2,000.00 $2,000.00 0.0% _ __ _-
_
NonproPo organizations $500.00 $500 00 0.0% _ _ _ _ _
Security/clean up deposit _ _ _
$3,000 00 N
Exclusive use of park $5,000.00 $5,000.00 0.0%
AtMetic camps $5.00 $5.00 _ 0.0% , __ Per particpant /week: max $750
Athletic tournaments _
$500.00 __
$500.00 0.0% _ Per event
~
Sports classes/day care $5.00 $5:00 . _ 0.0% .
Per particpant /week: max $750
Nonlocal Classes/CampS $15.00 $1500 0.0% Per participant /week: no ma%
Parks Department Fee for installation
of flags on Main Street
$15.00
$15,00
_ _ 0.0 %
_ Per Aag _ _ _
Parks Department tee for installation
of banners on Main Street
$15.00
$15.00
0.0 %
_ _ Per Banner __ _
Tree removal permit $75 00 __
$75.00 _ _ 0.0
Permit to landscape within CAy right-o
wa
$35.00
$35.00
0.0%
SPECIAL EVENT BUSINESS LICENSE:
One dam. _
_
Two days _ _ _ __ __ _ _ __ $25 00
$25.00 $15.00
__ $25.00 _ _-40.0 %
0.0
- _
_
Exhibit A
Recreation zoos zoos Percent
' Proposed
Section 2.12.014 'Current Fe Fee Chanae Comments
_ ___
_ _
___-
Dailv Admission:
____
Youth -Resident $7.00 $7.50 7.1
Youth-Guest $14.00 $14.00 0.0%
Atlult-Resitlent $9.00 $9.50 5.8%
Adult-Guest $16.00 $16.00 0.0%
Senior $7.00 $7.50 7.1
Twilight $5.00 $5.50 10.0%
_
Guest 10 Visit Card NA $115.00 NA
_
Monthly Pass __ _ __ _
Youth Resitlent $37.00
~ $39.00 5.4%
_--
--
YOUth Valley $48.00 $50.00 42%
Adult Resident $89.00 $71.00 2.9%
Adult Valley $75.00 $76.00 4.0%
Family Resident $13700 $143.00 4.4%
Family Valley $184.00 $171.00 4.3%
Each Additional $15.00 $15.00 0.0%
20 Visit Card __
Vauth Resident _
$97.00 $707.00 4.1
Youth Valley
Atlult Resitlent $112.00
$148.00 $117.00
$151.00 45%
3.4%
Adult Valley $164.00 $171.00 4.3%
6 Month Pass
Vouth Resident $192.00 $200.00 4.2%
Youth Valley $228.00 $237.00 3.9%
Adult Resitlent $243.00 $253.00 4.1%
Atlult Valley $295.00 $307.00 4.1% _
Family Resident _ $530.00 _ __$552.00 4.2% _
Family Valley $616.00 $840.00 3.9%
Each Atltlitional $50.00 $50.00 0.0%
Annual Pass
Vauth Resitlent $354.00 $388.00 4.0%
Voulh Valley $408.00 $424.00 3.9%
Adult Resitlent $437.00 $454.00 3.9%
Atlult Valley $52500 $546.00 4.0%
Family Resitlent $954.00 $992.00
_ _ 4.0%
Family Valley $1,098.00 $1,142.00 4.0%
Each Additional $10000 $100.00 0.0%
Exhibit A
ARC 2007 2008 Percent
Proposed
Current Fe Fe
e Channe Comments _
Section 2.12.015 _ _
_
_ _ _ _ _
ARC Meeting Room Rental
Non-Profid $54.00 $54.00 0.0% Per HOUr
Corporate $64.00 $6400 0.0% Per HOUr
Section 2.12.020
Rent Entire Facility Per Hour of Ice Time
Aspen Ice Garden Negotiated Negotiated N
Lewis Ice Arena Negotiated Negotiatetl N
General Rental and Camps
AIG $213.00 $223.00 4.7% Per Hour of lce Time
LIA $223.00 $233.00 4.5% Per HOUr of lce Time
-- -
Adult Non-Profit Prime _._ _ _ _ _
_ _
AIG $177.00 $18700 5.6% __
Per HOUr of lce time __
_
LIA $797.00 ___
$207.00 5.1% Per Hour at lce time
Adult Nan-Proft Non-Prime _
__
AIG $187.00 $777.00 6.0% Per HOUr of lce time
_.
__
LIA _. -
$18700 $197.00 5.3% Per HOUf of lce time
Vouth Non-Profit Prime
AIG
$172.00
$182.00
5.8% _ _
Per HOUr of lce time __
LIA $18700 $197.00 5.3% Per Hour oflce time
Youth Non Profit Nan-Prime
AIG
$157.00
$167.00
64% _ - . _
Per Hear at lce time
LIA $172.00 $182.00 5.8% Per HOUr of lce time
Skate Sharpening $5.00 $6.00 20.0%
_
Pick-up Hockey, One time
$13.00
$13.00 _
0.0 % _
One lime
Pick-up Hockey, 10 Punch $110 00 $170.00 0.0 % 70 Punch Pass
Free Style Lessons $9.00 $10.00 11.1 % One time Fee
Free Style 20 Punch Pass $140.00 $150.00 7.1% Good for 20 Sessions __ __ _
Skating Classes __ __
$11.00 _ __
$12.00 9.1% Per Class
Locker Rental _
Monthly $2500 $25.00 0.0% _ _
Weekly $15.00 $15.00 0.0%
Exhibit A
2007 2008 Percent
__ _
Section z.12.o30 - _
Current Fe Fee Channe Comments __
Youth Swim Lessons
Pass holder
$52.00
$54.00
3.8%
Non Pass holder $68.00 $71.00 4.4%
Private Swim Lessons:
Pass holtler
Nan Pass holder NA
NA $26.00
$37.00 N
N
_.. _- _
Lifeguard Skill Challenge $99.00 $103.00 4.0
Lifeguartl Training $205.00 $213.00 3.9% __ _
CPR Skills Challenge $26.00 $27.00 3.8
CPR Training $52.00 $54.00 3.8%
First Aid Skills Challenge $28.00 $27.00 3.8%
First Aid Training $47.00 $49.00 4.3%
Kayak Roll Sessions $5.00 $5.50 ~ 10.0 % In atltlition to Atlmission
Water Pala Drop in $3.00 $3.50 16.7% In atltlhion to Atlmission
Masters Swim Drop ln: $3.00 $3.50 167% In adtlition to Admission
Rentals:
Entire Aquatic Facility far Proft $208.00 $216.00 3.8% Per Hour
Entire Aquatic Faality Non Profit-Adult $187.00 $174.00 4 2% Per Hour
Entire Aquatic Facility Non Proftl-Yout $146.00 $152.00 4.1% Per Hour
Single POOl Rate For Profit $78.00 $81.00 38% Per Hour _ __.
Single Pool Rate Non Profit $68.00 $71.00 4.4% Per Hour _
Single Lane Rental in Lap Pool -Non $14.00 $15.00 7.1% Per Hour
Single Lane Renlel in Lap Pool - Prof $16.00 $17.00 6.3% Per Hour
Section 2.12.040
Adult Programs
_ _
Adult Basketball Drop in $5 00 $5.00 0.0% No change
Adult Volleyball-Drop in $5.00 $5.00 0.0% No change
Mens Rec Basketball $876.00 $702.00 3.8%
Mens Soccer $93fi.00 $974.00 4.1
Adult Soccer $535.00 $555.00 3.7% Inflationary%
Adult Softball-Mens League $858.00 _ $892.00 4.0%
Adult Softball-Coed League $721.00 $750.00 4.0%
Adult Flag Football $312.00 $395.00 28.6% Extended season with tournament
Youth Progrems _ __ _
Vouth Baseball $102.00 $106.00 3.9%
T Ball $57.00 $59.00 3.5%
Girts softball $102.00 $106.00 3.9%
Day Camp $29.00 $30.00 3.4% _
One Time Activity Fee $29.00 $30.00 3.4 % _
Guest Fee $40.00 $5000 25.0%
__ __ _..
Sating $364.00 $540.00 48 4% Hourly cost of $8/hr for 14 sailors to cover 75 % of program
Tennis Lessons MNJIF $72.00 $75.00 4.2% 6 hours -Inflationary Increase
Tennis Lessons TuRh $52.00 $54.00 3.8% 4hours-Inflationary Increase
Tennis Team
Tennis Clinics $3fi4.00
$14.00 $540.00
$15.00 48.4 %
7.1 Hourly cost of $9/hr to cover 75% of program
Tennis Court Rental Fees $8.00 $9.00 12.5 % Inflationary increase
Vouth Track $44.00 $44.00 0.0 % 2 hours/wkQ7 wks
Exhibk A
2007 2008 Percent
Proposed
Section z.l z.oao Current Fe Fee Chan e Comments. _ __..
Youth lntramurals _
_. -
Kickball isV2nd Gade
$42.00 __
_ $44.00 __-
_
4.8 %
_ _ -_ _ _ __ _ _ _
Kickball3rd/4th Grade $42.00 $44.00 4.8%
Floor Hockey 1stl2ntl Grade $31 00 $32.00 3.2%
-___ _
Floor Hockey 3rd/4th Grade $31 00 _
-
$32.00 3.2%
_~m Olympics
$31_00
_ $3200
__ 3.2% __
Youth Soccer $82.00 $85.00 3.7 % 6-9 yrs {3 hrsM1Vk Q 6 weeks) -Inflationary Increase
_ _
Vouth SoccerKindergarten $43.00 __
$45.00 __
4.7% {2 hrsM1vk@5 wks)-Inflationary Increase
Voulh Baskelball_grades l-8 $6200 $84.00 3.2% Inflationary increase
You[h Baskethall-Kindergarten $4200 $4400 4.8% 2hre/wk Sweeks. _
_- _
-
Gymfants
Parenl7TOt $31.00
$47.00 $32.00
$49.00 3.2%
4.3% -.__ _
~_ -._
Tots ~ -- NA $49.00 N
_.
Gymnastics-Beginner 1 day/wk
Gymnastics-Beginner 2tlays/wk
Gymnatics-Int. iday/wk $60.00
$104.00
$81.00 _
$62.00
$108.00
$84.00 _ - -
3.3%
3.8%
3.7% _ _
Gymnastics-Inl2days/wk
Gymnastics-Beginner Boys $125.00
$52.00 $13000
$5400 4.0%
3.8%
-_
Gymnastics-Beginner Boys 2x/wk
Gymnatics-Int.BOys
Gymnastics-Int Boys 2tlays/wk
Gymnastics-Advanced Boys $83.00
_ $8100
$125.00
$125.00 _ __ $86.00
$84.00
$130.00
$130.00 3.fi%
3.7%
4.0%
4.0% _ _
_ _ _ _
-
Gymnastics -Super Tots (4-5 yrs)
Gymnastics-Hot Shots
Gymnastics-Level4 $47.00
$133.00
$155.00 $49 00
$13800
$18200 4.3 /
3.8%
17.4%
increased from6hrs/wktc9 hrs/wk
Gymnastics-Leve15863x/wk
Gymnastics-Level SB65x/wk
Gymnastics-Leve158fi 4x/wk
Gymnastics-Levels 7,8,9,10 $175.00
$185.00
$195.00
$225.00 __
$182.00
$192.00
$203.00
$234.00 4.0%
38%
4.1%
4.0% _ _ ___ _ _ _ _
_ B~gAir (TeensB Atlults _.
Climbing Wall
_ BegROCk Rats -
Boulder Rats $62.00
_ $67.00
$87.00 $65.00
_ $70 00
$70.00 4.8%
_- _ 4.5 %
45% _
-
- _ _ _ --- __ _ __
InVAdv Climbing $77.00 $80.00 3.9% _ _.
Beg Ages 10+ $54.00 $56.00 3.7% -
_-~
~
_
JrRats $27.00 $28.00 - 37% ..
Trapeze
Gymnasium Rental-1 hour
Police Department
Section 2.12.050 (a)'. $62.00
$54.00 $65.00
$56.00 4.8%
3.7%
_ _
_ _ _
_
Accident Reports per search
Case reports and coroner reDOrts, per
search $6 00
$8.00 _.. $6.00
$6.00 0.0
- 0.0%
Per copied Dage $1.00 _ $1 00 0 0% _ ___ _ -_ _ __ _...
Arrest history antl background checks
per search _ _
$6.00
$fi.00
0.0 %
_
Microfilm Search - _
$10.00 _ _
$10.00 00°a -
Per copie~aye_
Per 8x10 $2.00
$15.00 $2.00
$15.00 _ 0 0 %
00% ___ - _
_ _
Communications logging _
$25 00 -_-
$25.00 0.0% _ _ _
Search per hour
_.
Per audio CD 15.00 $15.00 0.0 % Chan a from cassette to e
Exhibit A
Case Re oNAccidenl Photos 15.00 15.00 0.0% NA
Exhibit A
2007 2008
Section z.lz.oso rot: went Fe
Cu Fee
Annual Alarm Permit Fees _
$100.00 $104.00
False Alarm Fines _ _ $104.00 $108 00 _
False Alarm Fines (2nd One) $208.00 $216.00
False Alarm Fines (3rtl+) $312.00 $325.00
False Alarm Fines (Banks) $332.00 $345.00
Late Fees $11.50 $12.00
Central Alarm License Fee $293 00 $293.00
Vehicle Inspection Fee
__ _.. $17.00 $17.00
Certifed VIN Inspecuon $20.00 $20.00
Off Duty Security per Officer per hour_ __ $83 00 $86.00
Notary Fees, Per Acknowledgement
Annual Dog Tags
Transfer Fee
Replacement Tag $z.00
$15.00
$1500
$350 $2.00
$15.50
$1500
$3.50
Ennineering
Group One-Permit Fee_ __ __ ___
Encroachment License application
and rocessin (ee $330.00 $343.00
ercent
hance _
Comments
4.0% Inflationary Increase
3.8% First false alarm fine
3.8 % Second hlse alarm fine
--
4.2% ._.._
Third and up false alarms
3.9 % _
False alarm far banks
4.3%
_- _
Inflationary Increase
0.0% _.__ _
Inflationary Increase
_ 0.0% Inflationary Increase
0.0% _ _ _
Fee
set by the State of Coloratlo
3.6% _
Inflationary Increase
0.0 %
3.3%
0.0%
0.0 Fee set by the State of Colorado
Inflationary Increase
Inflationary Increase
P
C
Vacation application and processing
fee $330.00 $343.00 3.9
Rightrof-way permit application and
processing fee (waived for sidewalk
replacement)_ _ $330.00 _ $343.00 _ 39% _
'Group Two-Right of Wa rental fee
y -_
Temporary occupation of ROW under
encroachments by commercial
operations-per square foot $2.50 $2.50 0.0% Per MOnlh
Permanent Encroachment Fee N $1,00000 NA r permit
Pe
Temporary occupation of ROW untler _ _
_
encroachments within the core by
commercial operations -per square NA _ $5.28 N Per MOntn
Temporary occupation of ROW under
encroachmens outside the core by
_ commercial operations - per s uare NA $2.64 NA Per Month
Group Three -Prints and Publication Fee _
Map and Plan punting _ $0.50 $4.00 700.0% Per wpy
Technical Standards, specifications _. ___ _ _
_ _
- _
and tletailed $50.00 N N
Environmental Health
Section 2.12.052: ~~
Special or Tempomry Event Food Plan
Review $44.00 $46.00 4.5% Inflationary Increase
Special or Temporary Event Food
Inspection Fee $44.00 $46.00 4.5% Inflationary Increase
ConsWCtion Noise Variance $44.00 N N
Swimming Pool Plan Review or _
inspection Fee $74.00 $77.00 4.1 % Houdy rate -Inflationary increase
Restaurant Site Inspection fee $77 00 $77.00 0 0% Houdy rate -Inflationary increase
Food Safety Training $7700 $80.00 3.9% Houdy rate-Inflationary increase
Fee is set by state statute and cannot be misetl. This fee does
Restaurant Plan Review $355.00 $355.00 0.0 % not come close to covering our costs.
varies from vanes from Fee is set by state statute and cannot raised. his (ee does
Footl Service License $154 to $343 $15410 $344 not cover our costs. Fee varies by Size Of restaurant.
Exhibit A
200
7 2008 Percent _
. Prooosed
SeMion 2.12.100 Current Fe Fee Chan a Comments _
International Builtling and Residential
Code Permit tees _.
__.._
Total Valuation
$7 to $2,000 $51.50 $53.50 3.9 %
$2,001.00 to $25,000.00 _ _
$101.75 _
101.75 _
0.0 % _ .
Plus $16.25 (or each additional $1000
$25,001.00 to $50,000 $475.50 $475.50 0.0% Plus $11.75 for each atltldional $1000 _
$50,007.00 to $100,000 $769.25 $769.25 0.0% Plus $8.10 for each additional $1000
$100,001.00 to $500,000 -
$1,174.25
$1,174.25
0.0% Plus $6.75 for each additional $1000/ Incremental increasetl by
$0.25
$500,001 00 to $1,000,000
$3,774.25
$3,874.25 ~
2.6%
- Plus $fi.00 for each additional $1000/ Incremental increased by
$0.20
$1,000,007 antl up
$8,888.45
$6,874.25
3.7 % Plus $5.65 for each additional $1000/Incremental increased by
$0.25
Inspections outside normal hours $250.00 $260.00 4.0% For 2 hour Inspection
Reinspeclion Fees $75.00 $80.00 6.7 % Per Hour Charge _
Inspection far which no Fee Specifcally
Indicated
$125.00
$730.00
4.0%
Per HOUr Charge
Additional Plan Review Requiretl by
Changes
$75.00
$80.00
6.7%
Per Hour Charge
Energy Code Fee $25.00 $30.00 20.0 .
Contractor Licensing Fees __.
Best Test Fee _ _ _.
-_.
_
_ _ _
Unlimitetl $125.00 _
$130.00 _ _
4.0%
_
Commercial __
$100.00 _
$705.00 _
5.0% __
Light Commercial $75.00 $80.00 6.7% _ _ _ _
Homebuilder $60.00 $85.00 8.3%
Renewal $50.00 $55.00 10.0%
Specialty
General Contractor
Intilal $50.00
$265.00 $55.00
N 10.0%
N _
_...
Discountinued _ _
_
1 year renewal $200.00 N N Discountinuetl
3year renewal $400.00 $415.00 3.8
Monthly Prorated N $11.53 NA
General Contractor (commercial) __
Intital $265.00 N NA Discountinued _ _
1 year renewal $200.00 NA N Discountinuetl
3year renewal $400.00 $415.00 3 8%
Monthly Prorated NA $17.53 N _
General Contractor (light commercial)
_
-_
_ _
Intital - .__
$285.00 NA NA Discountinued _
_
7 year renewal $200.00 NA NA Discountinued
3 year renewal
Monthly Prorated $400.00
NA $415 00
$11.53 3 8%
NA _
_
~
General Contractor (homebuiltler)
Intital _
$700.00
N
N _ __
_ __ _
Discouninuetl
1 year renewal $65.00 NA N Discountinuetl _
3 year renewal $130.00 $735.00 3.8°0 _ _ __
_ _
Monthly Promted
NA _
$3.75
NA
_
Specialty (subcontreMOre) _
Alteration and Maintenance __ __ __ _ __..__ __
_
Intital $100.00 NA NA _
Discountinued _
1 year renewal $65.00 NA NA Discountinued _
3year renewal $130.00 $135.00 38% _ __
Monthly Proated N $3.75 N
Exhibit A
2007 2008 Percent _ __ ____
_ _ _
Prooosed
Mecnanical Current Fe Fe
e Chance Comments _
Intttal $100.00 _
_
N N _
Discountinued
1 yearrenewal $65.00 N N Discountinued
3yearrenewal $130.00 $135.00 3.8% _
Monthly Prorated N $3.75 N
Roofng
Intital $100.00 NA NA Discountinued
1 year renewal $65.00 NA N Discountinuetl
3 year renewal $130.00 $135.00 3.8 %
Monthly Prorated NA $3.75 N _ _
Historical Preservation _ _
Intital
l year renewal _ _
$700.00
$65.00 _ _
N
N _
N
N Discountinued _
Discountinued
3year renewal $130.00 $135.00 3.8%
Monthly Prorated N $3.75 NA _
~
Concrete ..
Intital _
$100.00 _
NA _
N Discountinued
lyear renewal $fi5.00 N N Discountinued _
3year renewal $130.00 $135.00 3.8%
Monthly Prorated _
NA $3.75 N
Gas Appliance Installers
Intital $100.00 NA NA Discountinued
1 yearrenewal $65.00 NA NA Discountinued _ _ __
_
3year renewal
Monthly Prorotetl _ _
$130.00
N $135.00
$3.75 3.8 %
NA _.. _ _ _ _ _
_
Solid Fuel Appliance Installers _
Intital $100.00 NA N Discountinued
1 yearrenewal $fi5.00 N N Discountinued
3 year renewal $130.00 $135.00 3.8%
Monthly Prorated NA $3.75 N ,
Fire Alann Installation , _
Intttal $100.00 _ _ NA NA Discountinued
1 yearrenewal $85.00 NA N Diswuntinued
3year renewal
Monthly Prorated _ $130.00
NA $135.00
$3.75 3.8%
N
Fire Suppression Installation _ _
Intital $100.00 NA N _
Discountinued _
1 year renewal
3 year renewal $65.00
$130.00 NA
$135.00 N
3 B Discountinued
Monthly Prorated N $3.75
- NA
-
Building Mechanical Permit Fee, All
Types (AMC 12.12.100(b)(c)
8.75
9.50
8.8% All Types, increase sn Averaged Fee Type from 2007
Rates
Exhibe A
2007 2008 Percent
Proposed
Section zs.oa.oso
_'' Current Fe Fee Chance Comments __
_
Land Use Application Fees _ __ _
_
1. All Major Applications $2,820.00 $2,940.00 4.3% _
2. All Minor Applications $1,410.00 $7,470.00 4.3%
3. Staff Approvals
4. Flat Fee $705.00
$560.00 $735.00
$590.00 4.3%
5.4 %
5. Referral Fees _._ __. __
Eng. Minor Review _
$204.00 _
$212.00 3.9 % _
___
Eng. Major Rev. _
$391.00 _
$410.00
4.9%
Env. Healih Maj Review $391.00 $410.00 4.9%
Housing Minor Review $204.00 $212.00 3.9 % _
Housing Major Review $391.00 $410.00 4.9
Parks Minor Review $204.00 $212.00 3.9%
PaMS Major Review $381.00 $410.00 4.9%
6. Development Order Recordation Fee
$40.00 _--
$45 00 ___..
12.5%
_ _
7 Appeals of Adverse Decision req.
Board Review
$705.00
$735.00
4.3%
Hourly Rale $235.00 $245.00 4.3% _.
_
8. Land Use Code Interpretations $50 00 $50.00 0.0°/a _
9. Appeals of Land Use Code
Interpretations
$705.00
$735.00
4.3%
Hourly Rate
Section 26.04.070 $235.00 $245.00 4.3%
Historic Preservation Application Fees
1. Designation
2. Exempt Development
___
3. Certifcata of No Negative Effect.
4. Minor Dev. Cenificate of
Appropriateness
Fl
S. Significant Development>1k sq Ft
$0.00
$0.00
-.._
$235.00
$705.00
$1,410.00
$2,820.00
$0.00
$0.00
$245.00
$735.00
$1,470.00
$2,940.00
.3%
4.3%
4.3%
4.3%
_
_
_.. _ _ __ _
_
__
6 Demo & Ogsite Relocations Only:
I. Insub. Amentl to Approved Cert. of
Approp. $2,820.00
$0.00 $2,940.00
$0.00 4.3
-8. ubsl.Amerid Cd Approved Cert. of
Approp.: _
$705.00
$735.00
4.3%
Exhibit A
2007 2008 Percent
Proposed
Section 78.04.080 Current Fe Fee Change Comments _
9. Appeals or Call up of Any HPC
Decision:
$705.00 _
$735.00
4.3%
___
Houny Rale $235.00 $245.00 4.3%
Secton 26.104.072
Zoning Fees:
A. Resid./Ag/ Pub Uses w/in Public
Zone:
1. Bear Proof Trash Container
2. Manuf. Hsg w/o Basement $55.00
$120.00 $80.00
$725.00 9.1
4.2
3. Manuf HSg w/Basement $120.00 $125.00 4.2% _
__
Repair./Remotlel:
>500 sq ft $120.00
$120.00 $125.00
$125.00 4.2/0
4.2%
_ Plus .21 per sq ft over 500
>3500
>10,000 sq ft. $750.00
$3,025.00 $780.00
$3,150.00 4.0 %
4.1 % Plus .36 per sq ft over 3500
_ Plus .40 per square foot
B. Non-Residential:
1. Bear Proof Trash Container
$55.00
$60.00
9.1%
_
2. New Work & Major Repair./Remodel $120.00 $125.00 4.2%
>500 sgft $120.00 $125.00 4.2% _ Plus .36 per sgftover 500. _ __
>5,000 sgft _
$7,74000 $1,810.00 4.0% Plus .70 per sgfl_
>10k $5,240.00 $5,450.00 4.0% PIUS .75 per sgftover 70,000
3. Min orRepair/Remodel and Change
Orders
$120.00
$125.00
4.2%
'-
C. Zoning Enforcement Fees
Penalty Provision
3. Sign Permits --
$705.00
$75.00
$735.00
$80.00
_ 4.3%
8.7 _ _ _ _ __. _
4. Fence Permits $75.00 $80.00 6.7%
5. Board of Adjustment fees $285.00 $245.00 -7.5% 3 Hour Minimum
- - ~- ~ ~~
Review ~ - _$75.00 $8000 8.7%
__-
7. Banner Installation Fee
$55.00
$60.00
9.7
MEMORANDUM
To: Mayor and City Council
TxRU: John Worcester, City Attorney
Jim Considine, IS Director
FROM: Mazy Lackner, GIS Manager
RE: GIS Services & Products 2008 Fees
DATE: Oct 2, 2007
The GIS Department GIS provides customer mapping services for the City of Aspen and
Pitkin County. The fees are established through the City of Aspen Municipal Code and
collected by the City. In 2006, the GIS Department generated $72,317 in revenue.
GIS is requesting a standard increase of 4% to our fee schedule. We are also requesting
the following two changes to our fee schedule:
1. Small fonnat maps be increased from $5.15 to $10.00 per page.
2. The title of the fee is changes to Geographic Information System (GIS)
Department fees. We are a workgroup within the Information System
Department and the fees are directly related to GIS functions.
2.12.053 Geographic Information System (GIS) Department fees.
Preprinted Standard Maps
Large format (11" x 17")
Small format (11" x 17" or less)
Custom Mapping Services
Mailing Lists
Plus $1.07/per sheet of labels.
Digital Data Services
$ 26.80 each
$ 10.00 each
$ 134.00 hour
$ 107.00 per search
$ 134.00 minimum charge
Reference - 2007 Fees
2.12.053 Information Systems Department fees.
Preprinted Standard Maps
Large format (11" x 17")
Small format (11" x 17" or less)
Custom Mapping Services
Mailing Lists
Plus $1.03/per sheet of labels.
Digital Data Services
25.75 each
5.15 each
128.75 hour
103.00 per search
$ 128.75 minimum charge
MEMORANDUM
TO: Mayor and Council
THRU: John Worcester, City Attorney
THRU: Tim Ware, Parking Director
FROM: Blake Fitch, Parking Operations Manager
DATE: November 21, 2007
RE: Proposed Parking Department Fees for 2008
SUMMARY: This memo lists the proposed changes in Parking Department towing fees for the
year 2008, to partially cover our increased costs of providing these services.
Towing Fees 2007
(current 2008
(ro osed)
Towing Fees -For in town for outstanding tickets, snow tows $120.00 $135.00
and farmers market.
Towing Fees -For towing to the City impound ]ot located at $150.00 $165.00
the Pitkin County Landfill for 72 hour violations and abandon
vehicles.
BACKGROUND: Current towing fees do not include administrative fees associated with the
towing process.
DISCUSSION: Last fee increase for towing was in 2005.
FINANCIAL IMPLICATIONS: By increasing these fees the Parking Department will be able
to cover administrative costs associated with towing.
RECOMMENDATION: Staff recommends approval of this fee increase in order to cover
administrative costs associated with towing services.
ALTERNATIVES: Council could approve larger or smaller fee increases.
CITY MANAGER COMMENTS:
Page 1
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
THRU: John Worcester, City Attorney
THRU: Jeff Woods, Parks and Recreation Manager
FROM: Steve Aitken, Director of Golf
DATE: December 1, 2007
RE: Aspen Golf Club 2008 Fees
SUMMARY: City Council has requested from staff additional clarification on 2008
fees. These are outlined in the discussion section of this memorandum.
PREVIOUS COUNCIL ACTION: At the November 26, 2007 Aspen City Council
Meeting, the fee ordinance for 2008 golf fees was approved on first reading.
DISCUSSION: The goal of the Aspen Golf Club is to provide a quality affordable golf
facility while maintaining fiscal sustainability. Historically golf receives approximately
60% play from pass holders deriving 40% of the revenue. Visitor play accounts for the
remaining 60% of revenue. This historical balance of play and revenue enables golf to be
affordable for both visitor and locals alike.
The proposed fee structure for golf is outlined in attachment A. Listed below are the
requested fee changes that required additional clarification.
• Guest Green Fees: For 2008 guest green fees are proposed to increase to $105.00
during the high demand time from 6:30 AM to 1:00 PM. The high season starts late
June through Labor Day Weekend. This is a 10% increase from the rate in 2007
and is based on the competitive golf market of the Roaring Fork Valley.
• 20 Punch Pass: The 20 punch pass for 2008 is proposed to increase 5% over 2007.
This increase is necessary to meet our minimum requirement for a round of golf of
$50.00.
• Season Golf Pass: The season golf pass is increasing 10% over 2007. The full
season pass which will be sold for $1,000.00 is used on average 37 times. This
equates to less than $30 per round for golf. This is the best rate for golf in the valley
and is the only unlimited season pass available.
Junior Pass: This pass is proposed to increase to $150 for 2008. This is a 24%
increase over 2007. Based on average usage a yeaz of 15 visits this equates to $10
per round. Due to the high value that this pass provides, staff believes this is a fair
value.
• Senior Rate: Historically this rate adjusts to coincide with the pro rated per round
price of the 20 punch pass and the green fee rate from 3:30 PM to close. The
proposed rate for a prorated round of golf and the 3:30 PM to close rate is $52.50.
Age to purchase this pass is 62. The age requirement was changed to fall inline with
the other recreational facilities in The City of Aspen.
The Roaring Fork Valley is a highly competitive golf market. The Aspen Golf Club was
the only golf course facility to grow revenues in 2007 in this mazket. The proposed fee
structure along with marketing will provide a sustainable budget. This budget allows for
the City of Aspen to maintain a high quality facility. These rates aze compazable or less
than other golf courses in our azea as shown in the Attachment "A" spreadsheet.
FINANCIAL IMPLICATIONS:
The recommended rate increases will yield an additional $69,326 in revenue.
A breakdown of the additional revenue realized by these increases is as follows:
Green Fees
Senior Green Fee
$20,406.00
$7,641.00
Total of Green Fees increases $28,047.00
Season Pass $19,766.00
20 Punch Passes $ 15,612.00
Jr. Passes $5,901.00
Total Pass $41,279.00
Total of Green Fee and Pass Fee
Increases $69,326.00
Fees adjusted down will impact The Golf Fund bottom line and would necessitate other
fees being raised.
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ORDINANCE NO. 52
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN
TO INCREASE CERTAIN MUNICIPAL FEES
WHEREAS, the City Council has adopted a policy of requiring consumers and
users of the miscellaneous City of Aspen programs and services to pay fees that fairly
approximate the costs of providing such programs and services; and
WHEREAS, the City Council has determined that certain fees currently in effect
do not raise revenues sufficient to pay for the attendant costs of providing said
programs and services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1.
That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Municipal Golf Course user fees, is hereby amended to read as
follows:
2.12.010 Aspen Municipal Golf Course.
Season Pass Rates $1,000.00 through April 1
$1,200.00 after April 1
20 punch pass $475.00 through April 1
$525.00 after April 1
Jr. Pass Rates $150.00
Green Fee Rates $95.00 6:30 - 1:00 PM
$75.00 1:00 - 3:00 PM
$45.00 3:30 -close
Local Senior Green Fee Rates
$52.50 for 18 holes
$22.50 for 9 holes
Jr. Green Fee
Section 2.
$45.00 for 18 holes
$22.50 for 9 holes
That Section 2.12.053 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Information Systems Department Fees be changed to state Geographic
Information Systems fees, and is hereby amended to read as follows:
2.12.053 Geographic Information Systems (GIS) Department Fees.
Preprinted Standard Maps
Large Format (11" x 17")
Small Format (11" x 17" or less)
Custom Mapping Services
Mailing Lists
Plus $1.07/per sheet of labels
Digital Data Services
$26.80 each
$10.00 each
$134.00 hour
$107.00 per search
$134.00 minimum charge
Section 3.
That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado which
section sets forth Parking Fees, is hereby amended to read as follows:
D. Miscellaneous Parking Fees:
Towing Fees -For in town for outstanding tickets, snow tows and farmers $135.00
market.
Towing Fees -For towing to the City impound lot located at the Pitkin $165.00
County Landfill for 72 hour violations and abandon vehicles.
Section 4.
That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Parks Department fees, is hereby amended to read as follows:
..EVENT FEE
SPECIAL EVENTS APPLICATION FEES
User $ 50.00
Nonprofit 25.00
EVENT FEES:
Under 50 people 100.00
50-100 people 300.00
Nonprofit organizations 200.00
101-200 people 500.00
Nonprofit organizations 300.00
201-500 people 1,500.00
Nonprofit organization 300.00
Over 500 people 2,000.00
Nonprofit organizations 500.00
Security/clean up deposit 3,000.00
Exclusive use of park 5,000.00
Athletic camps $5.00/participant/week;
max. $750.00
Athletic tournaments $500.00/event
Sports classes/day care $5.00/participation/week;
max. $750.00/
Nonlocal Classes/Camps $15.00/participants/week;no
max attach registration
form/material to include price
Parks Department fee for installation of flags on Mai
Street 15.00/flag
Parks Department fee for installation of banners o
Main Street 15.00/banner
Tree removal permit: 75.00
Permit to landscape within City right-of--way 35.00
FILMING:
STILL VIDEO
1-2 people, camera & tripod only O !3
3-10 people 50.00 50.00
11-30 people 150.00 250.00
31-49 people 250.00 500.00
50 and over 750.00/day 750.00/day
SPECIAL EVENT BUSINESS LICENSE:
One day 15.00
Two days 25.00
Section 5.
That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Recreation Department FUN pass fees, is hereby amended to
read as follows:
2.12.014 Recreation Department Fun Pass
The Recreation Department shall issue Fun Passes that provides access to the holder of
such a pass to the following facilities and activities: use of the James E. Moore Pool,
public or open skating at the Lewis Ice Arena or Aspen Ice Garden, use of the climbing
wall at the Red Brick Recreation Center, fitness classes held at the Red Brick
Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis court
rental and usage at the Aspen Tennis Center. Usage, participation and access to the
above activities may be limited to certain times and dates as indicated on the pass.
DAILY ADMISSION
Youth-RFV Local 7.50
Youth-Guest 14.00
Adult-RFV Local 9.50
Adult-Guest 16.00
Senior 7.50
Twilight 5.500
Guest 10 visit Card 115.00
FUN Passes
20 Visit Youth -Resident 101.00
20 Visit Youth -Valley 117.00
20 Visit Adult -Resident 151.00
20 Visit Adult -Valley 171.00
1 Month Youth -Resident 39.00
1 Month Youth -Valley 50.00
1 Month Adult -Resident 71.00
1 Month Adult -Valley 78.00
1 Month Family -Resident 143.00
1 Month Family -Valley 171.00
6 Month Youth -Resident 200.00
6 Month Youth -Valley 237.00
6 Month Adult -Resident 253.00
6 Month Adult -Valley
6 Month Family -Resident
6 Month Family -Valley
307.00
552.00
640.00
1 Year Youth -Resident 368.00
1 Year Youth -Valley 424.00
1 Year Adult -Resident 454.00
1 Year Adult -Valley 546.00
1 Year Family -Resident 992.00
1 Year Family -Valley 1142.00
Each additional family member above 4
1 Month 15.00
6 Month 50.00
1 Year 100.00
Section 6.
That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Recreation Center fees, is hereby amended to read as follows:
2.12.015 Aspen Recreation Center
Meeting Room rental
Nonprofit Use 54.00
For profit use 64.00
Exclusive Use of Facility
Nonprofit use Negotiable
Corporate use Negotiable
Section 7.
That Section 2.12.020 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Aspen Ice Garden and Lewis Ice Arena, is
hereby amended to read as follows:
Sec. 2.12.020 Aspen Ice Garden and Lewis Ice Arena
ICE RENTAL & USAGE RATES
Entire Facility Rental
Aspen Ice Garden (AIG) Negotiable
Lewis Ice Arena (LIA) Negotiable
General Rental & camps
AIG 223.00
LIA 233.00
Adult Non-Profit Prime Ice
AIG 187.00
LIA 207.00
Adult Non-Profit Non-Prime Ice
AIG 177.00
LIA 197.00
Youth Non-Profit Prime Ice
AIG 182.00
LIA 197.00
Youth Non-Profit Non-Prime Ice
AIG 167.00
LIA 182.00
Skate Sharpening 6.00
Pick Up Hockey 13.00
10 Punch Card pick up hockey 110.00
Free Style Sessions 10.00
Free Style 20 Punch Pass 150.00
Skating Classes 12.00
LOCKER RENTAL
Monthly 25.00
Weekly Camps 15.00
Section 8.
That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth leisure and recreation user fees, is hereby amended to read as follows:
2.12.030 James E. Moore Pool
Youth Swimming Lessons
Pass Holder 54.00
Non Pass Holder 71.00
Private Swim Lessons
Pass Holder 26.00
Non Pass Holder 31.00
Lifeguard Skills Challenge 103.00
Lifeguard Training 213.00
CPR Skills Challenge 27.00
CPR Skills Training 54.00
15t Aide Skills Challenge 27.00
ls` Aide Training 49.00
Kayak Roll Sessions 5.50 plus admission
Water Polo Drop Ins 3.50 plus admission
Masters Swim Drop In 3.50 plus admission
Rentals
Entire Aquatic Facility for Profit 216.00
Entire Aquatic Facility Non-Profit-Adult 174.00
Entire Aquatic Facility Non-Profit-Youth 152.00
Single Pool Rate For Profit 81.00
Single Pool Rate Non-Profit 71.00
Single Lane Rental in Lap Pool Non-Profit 15.00
Single Lane Rental Lap Pool -For Profit 17.00
Section 9.
That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth leisure and recreation user fees, is hereby amended to read as follows:
2.12.040 Miscellaneous leisure and recreation fees
GYMNASTICS
Beginner 62.00
Beginner 2 days/week 108.00
Intermediate 84.00
Intermediate 2 days/week 130.00
Beginner Boys 54.00
Beginner Boys 2 days/week 86.00
Intermediate Boys 84.00
Intermediate Boys 2 days/week 130.00
Advanced Boys 130.00
Super Tots (4-5 yrs) 49.00
Hot Shots 138.00
Leve14 182.00
Leve15 & 6 - 3 days/week 182.00
Leve15 & 6 - 4 days/week 192.00
Leve15 & 6 - 5 days/week 203.00
Levels 7, 8, 9, 10 234.00
Big Air (Teens & Adults) 65.00
Parent/Tot (1.5-3 yrs) 49.00
Tots (3-5 yrs) 49.00
Gymfants (10 mo - 2 yrs) 32.00
SOFTBALL/BASEBALL
Youth Baseball 106.00
Tee-Ball 59.00
Girls Fastpitch Softball 106.00
DAY CAMP
Day Camp 30.00/day
1 time activity fee (local) 30.00/day
1 time activity fee (guest) 30.00/day
Guest Fee 50.00/day
TENNIS
Monday/Wed/Friday (6 hours) 75.00
Tuesday/Thursday (4 hours) 54.00
Team (60 hours) 540.00
Tennis Clinics 15.00
Tennis Court Rental Fees 9.00
SAILING
Sailing 540.00
CLIMBING WALL
Beginner Rock Rats 70.00
Boulder Rats 70.00
Intermediate/Advanced Climbing 80.00
Beg. Ages 10+ 56.00
Jr. Rats 28.00
YOUTH INTRAMURALS (50 MINUTES for 5 WEEKS)
Kickball 151/2nd Grade 44.00
Kickba113`d/4'" Grade 44.00
Floor Hockey 15`/2"d Grade 32.00
Floor Hockey 3`d/ 4'" Grade 32.00
Basketball 151 / 2"d Grade 32.00
Basketba113`d / 4d' Grade 32.00
Gym Olympics 32.00
YOUTH SOCCER
Kindergarten (2 hours/week @ 5 weeks) 45.00
6 to 9 years (3 hours/week Q 6 weeks) 85.00
YOUTH BASKETBALL (Grades 1 though 8)
Kindergarten 44.00
(2 hours/week @ 7 weeks) 64.00
TRACK
Track 15 & Under 44.00
ADULT PROGRAMS
Mens Softball 892.00
Co-Ed Softball 750.00
Adult Flag Football 395.00
Mens Basketball 702.00
Mens Soccer 974.00
Womens Soccer 555.00
Drop In Basketball 5.00
Drop In Volleyball 5.00
Trapeze (1 day/week) 65.00
Gym Rental/hour 56.00
Section 10.
That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Aspen Police Department, is hereby amended
to read as follows:
2.12.050 Aspen Police Department Fees
LAW ENFORCEMENT RECORDS
Accident Reports, per Report 6.00
Case reports per search 6.00
Plus per copied page 1.00
Arrest history and background checks, per search 6.00
Microfilm search per page 10.00
Plus per copied page 2.00
Photograph copies Per 8" x 10" 15.00
Communications logging, seazch per hour 25.00
Per Audio CD 15.00
Case Report/Accident Photos, per photo CD 15.00
ASPEN POLICE DEPARTMENT
Alazm user permit fee 104.00
First false alarm per year 108.00
Second false alarm per year 216.00
Third and fourth false alarm per year 325.00
All bank alarms 345.00
Late fees 12.00
Central alarm license fee 293.00
Vehicle inspection 17.00
Certified VIN inspection 20.00
Off-duty security, per officer, per hour 86.00
Notary fees, per acknowledgement 2.00
DOG VACCINATION AND LICENSE FEES:
Annual dog tag fees 15.50
Transfer fee 15.00
Replacement tag 3.50
Rertinn 11
That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Engineering, is hereby amended to read as
follows:
Sec. 2.12.051 Engineering Department Fees
Encroachment License application and processing fee 343.00
Vacation application and processing fee 343.00
Right-of-way permit application and processing fee
(waived for sidewalk replacement work) 343.00
Temporary occupation of ROW under encroachments
by commercial operations, including contractors and vendors $2.50 per sq. ft/month
Permanent Encroachment Fee $1,000.00 per permit
Temporary occupation of ROW under encroachments within the core
by commercial operations, including contractors and vendors associated
with construction $5.28/ sq. ft /month
Temporary occupation of ROW under encroachments outside of the core
by commercial operations, including contractors and vendors associated
with construction $2.60/ sq. ft /month
Map and plan printing
Section 12.
$4.00 per copy
That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Environmental Health Department, is hereby
amended to read as follows:
Sec. 2.12.052 Environmental Health Department Fees
Special or Temporary Event Plan Review fee 46.00
Special or Temporary Event Inspection fee (if needed) 46.00
Swimming pool plan review fee 77.00
Restaurant Site Inspection Fee 77.00
Food safety training 80.00
Restaurant Plan Review Fee 355.00
Food Service License $154 - $343
Section 13.
That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the City Community Development Department, is
hereby amended to read as follows:
Section 2.12.100
(a) International Building and Residential Code Permit fees
Total Valuation Fee
$1.00 to $53.50
$2,000.00
$2,001.00 to $101.75 for the first $2,000.00 plus $16.25 for each additional
$25,000.00 $1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $475.50 for the first $25,000.00 plus $11.75 for each additional
$50,000.00 $1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $769.25 for the first $50,000.00 plus $8.10 for each additional
$100,000.00 $1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $1174.25 for the first $100,000.00 plus $6.75 for each additional
$500,000.00 $1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $3,874.25 for the first $500,000.00 plus $6.00 for each additional
$1,000,000.00 $1,000.00 or fraction thereof, to and including $1,000,000.00
$1,000,001 and up $6,874.25 for the first $1,000,000.00 plus $5.65 for each additional
$1,000.00 or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal hours minimum $260.00
or a per hour charge of $130.00
(minimum charge -two hours)
2. Reinspection fees $80.00
3. Inspections for which no fee is specifically indicated $130.00
4. Additional plan review required by changes, additions or revisions $80.00 per hour
to plans
Plan Check Fees
1. Plan check fees are based on the building permit fee and equal 65% of the total
building permit fee.
Energy Code fees
1. Energy code review fees aze based on the building permit fee and equal 10% of the
total building permit fee, with a minimum charge of $30.00.
Fire Sprinkler Fees
1. Fire sprinkler fees aze based on the valuation of the fire sprinkler system and
calculated according to the Building Permit Fee schedule. The total Fire Sprinkler
Permit fee is the total of the permit and the plan check fees.
Excavation/Foundation Fees
1. The Excavation/Foundationpeanit fee is 35% of the building permit fee.
Contractor Licensing Fees
1. BEST test fee:
The BEST test fee is based on the number of questions and level of the exam,
starting in 2006.
Unlimited BEST test (125 questions 8 hour time limit)
Commercial BEST test (100 questions 6 hour time limit)
Light Commercial BEST test (75 questions, 5 hour time limit)
Homebuilder BEST test (60 questions, 4 hour time limit)
Renewal test fees:
Unlimited, Comm, Lt Comm and Homebuilder
(Test shall be 25 questions long with a 2 hour time limit)
Specialty BEST tests (50 questions, 3 time limit)
Renewal test fees:
$130.00
$105.00
$80.00
$65.00
$55.00
$55.00
Specialty BEST tests (25 question, 2 time limit) $35.00
2. Contractor License Fees 3 Year Licensing Fee Monthly Prorated Amt.
General Contractor (unlimited) $415.00 $11.53
General Contractor (commercial) $415.00 $11.53
General Contractor (light comm.) $415.00 $11.53
General Contractor (homebuilder) $135.00 $3.75
Specialty (subcontractors)
Alteration and Maintenance $135.00 $3.75
Mechanical $135.00 $3.75
Roofing $135.00 $3.75
Historic Preservation $135.00 $3.75
Concrete $135.00 $3.75
Gas Appliance Installers $135.00 $3.75
Solid Fuel Appliance Installers $135.00 $3.75
Fire Alarm Installation $135.00 $3.75
Fire Suppression Installation $135.00 $3.75
Contractor Red Tag fee for work without a permit:
First time -double permit fee
Second time -four times permit fee
Third time -license is subject to suspension or revocation plus eight times the
permit fee
Plumbing and Electrical Contractors are licensed by the State, therefore they only
register with us and do not pay a fee.
International Mechanical Code Permit Fees
(b) Mechanical Permit Fees
Permit Issuance and Heaters
1. For the issuance of each mechanical permit $29.75
2. For issuing each supplemental permit for which the original has not $9.50
expired, been canceled or finaled
Unit Fee Schedule (Note: the following does not include permit-issuing fee)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type $18.50
furnace or burner, including ducts and vents attached to such appliance
up to and including 100,000 Btu/h (29.3 kVl~
For the installation or relocation of each forced-air or gravity-type $23.00
furnace or burner, including ducts and vents attached to such appliance
over 100,000 Btu/h (29.3 kVi~
For the installation or relocation of each floor furnace, including vent $18.50
For the installation or relocation of each suspended heater, recessed $18.50
wall heater or floor-mounted unit heater
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent $9.50
installed and not included in an appliance permit
3. Repairs and Additions
For the repair of, alteration of, or addition to each heating appliance, $17.50
refrigeration unit, cooling unit, absorption unit, or each heating, cooling,
absorption or evaporative cooling system, including installation of controls
regulated by the Mechanical Code
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and $18.50
including 3 horsepower (10.6 kW), or each absorption system to and
including 100,000 Btu/h (29.3 kW)
For the installation or relocation of each boiler or compressor over $34.00
3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW),
or each absorption system over 100,000 Btu/h (293 kW) to and
including 500,000 Btu/h (293.1 kW)
For the installation or relocation of each boiler or compressor over $47.00
15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW),
or each absorption system over 500,000 Btu/h (146.6 kW) to and
including 1,000,000 Btu/h (293.1 kW)
For the installation or relocation of each boiler or compressor over $69.50
30 horsepower (105.5 kW) to and including 50 horsepower (176 kW),
or each absorption system over 1,00,000 Btu/h (293.1 kW) to and
including 1,750,000 Btu/h (512.9 kW)
For the installation or relocation of each boiler or compressor over $116.00
50 horsepower (176 kW) or each absorption system over 1,750,000
Btu/h (512.9 kW)
5. AirHandlers $13.25
For each air-handling unit to and including 10,000 cubic feet per minute
(cfrn) (4719 L/s), including ducts attached thereto
Note: This fee does not apply to anair-handling unit which is a portion of a
factory-assembled appliance, cooling unit, evaporative cooler or absorption
unit for which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 cfm (4719 L/s) $22.75
6. Evaporative Coolers
For each evaporative cooler other than portable type $13.25
7. Ventilation and Exhaust
For each ventilation fan connected to a single duct $9.50
For each ventilation system which is not a portion of any heating $13.25
or air-conditioning system authorized by a permit
For the installation of each hood which is served by the mechanical $13.25
exhaust, including the ducts for such hood
8. Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical $13.25
Code but not classed in other appliance categories, or for which no
other fee is listed in the table.
Other Inspections and Fees:
1. Inspections outside of normal business hours, per hour (minimum $130.00
charge -two hours) $260.00
2. Reinspection fees assessed under provisions of Section 305.8, per $80.00
Inspection
3. Inspections for which no fee is specifically indicated, per hour $130.00
(minimum charge one hour)
4. Additional plan review required by charges, additions or revisions to $80.00 plans
or plans for which an initial review has been completed
International Plumbing Code Permit Fees
(c) Plumbing Permit Fees
Permit Issuance
1. For the issuance of each plumbing permit $29.75
2. For issuing each supplemental permit for which the original has $9.50
not expires, been canceled or finaled
Unit Fee Schedule
(Note: The following do not include permit-issuing fee)
1. Fixtures and Vents
For each plumbing fixture or trap or set of fixtures on one trap $12.25
(including water, drainage piping and backflow protection thereof)
For repair or alteration of drainage or vent piping, each fixture $6.00
2. Sewers, Disposal Systems and Interceptors
For each building sewer and each trailer park sewer $31.25
For each cesspool $46.50
For each private sewage disposal system $93.50
For each industrial waste pretreatment interceptor, including $24.75
its trap and vent, excepting kitchen-type grease interceptors
functioning as traps
Rainwater systems-per drain (inside buildings) $12.25
3. Water Piping and Water Heaters
For installation, alteration, or repair of water piping or water- $6.00
treating equipment, or both, each
For each water heater including vent $15.50
4. Gas Piping Systems
For each gas piping system of one to five outlets $7.75
For each additional outlet over five, each $1.75
5. Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
For each lawn sprinkler system on any one meter, including $18.50
backflow protection devices thereof
For atmospheric-type vacuum breakers or backflow protection
devices not included in Item 1:
1 to 5 devices $15.50
Over 5 devices, each $3.00
For each backflow-protection device other than atmospheric-type
vacuum breakers:
2 inches (50.88 mm) and smaller $15.25
Over 2 inches (50.8 mm) $31.25
6. Swimming Pools
For each swimming pool or spa:
Public pool $114.50
Public spa $78.00
Private pool $78.00
Private spa $38.00
7. Miscellaneous
For each appliance or piece of equipment regulated by the $12.25
Plumbing Code but not classed in other appliance categories,
or for which no other fee is listed in this code
Other Inspections and Fees:
1. Inspections outside of normal business hours, 2 hour minimum $260.00
2. Inspections outside of normal business hours, per hour $130.00
3. Reinspection fees assessed under provisions of Section 305.8 $80.00
per inspection
4. Inspections for which no fee is specifically indicated, per hour $130.00
5. Additional plan review required by changes, additions or revisions to $80.00
plans or to plans for which an initial review has been completed -
(minimum charge-one half hour)
(d) International Fuel Gas Code
Note: Fees as applicable from the International Plumbing and/or International
Mechanical Code Permit Fee schedules.
(e) National Electric Code Permit Fees
Note: Electric Permit Fees are established by C.R.S. 1973, Section 12-23-117 and
are subject to change by the State Electric Board. The most current schedule is
published by the State Electric Board and modified as allowed.
(f) Geographic Information Systems (GIS) Fee
A GIS fee is assessed on all permits that add square footage $200.00
Section 14.
That Section 26.04.060 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the City Community Development Department, is
hereby amended to read as follows
26.04.060 Land use application fees.
(a) The categories of review processes and base fees for the processing of land use
applications shall be as follows: Amendments to the existing fee ordinance are
indicated in Bold and Italicized text.
Category Hours Base Fee
1. Ali Major Applications 12 $2,940.00
2. All Minor Applications 6 $1,470.00
3. Staff Approvals 3.0 $735.00
4. Flat Fee $590.00
5. Referral Fees--Environmental Health, Housing, Engineering, Parks
Community Development collects some fees for Land Use Application
review as established by other City Departments. As determined by each
department, fees are as follows:
Engineering Minor Review Fee $212.00
Engineering Major Review Fee $410.00
Environmental Health Major Review Fee $410.00
Housing Minor Review Fee $212.00
Housing Major Review Fee $410.00
Parks Minor Review Fee $212.00
Parks Major Review Fee $410.00
6. Development Order Recordation Fee $45.00
7. Appeals of adverse board and administrative decisions
Base Fee $735.00
Appeals of adverse board and administrative decisions. Additional time over
3 hours will be billed at the rate of $245.00 per hour. If an applicant's appeal
is approved, the land use appeal fees will be refunded.
8. Staff approvals of Temporary Use Permits $50.00
9. Land Use Code Interpretations $50.00
10. Appeals of Land Use Code Interpretations Base Fee $735.00
Appeals of Land Use Code interpretations. Additional time over 3 hours
will be billed at the rate of $245.00 per hour. If an applicant's appeal is
approved, the land use appeal fees will be refunded.
(b) The Community Development Department staff shall keep an accurate record
of the actual time required for the processing of each land use application and
additional billings shall be made commensurate with the additional costs incurred
by the city when the processing of an application by the Community Development
Department takes more time than is covered by the base fee. In the event the
processing of an application by the Community Development Department takes
less time than provided for in subsection (a), the department may refund the
unused portion of the base fee unless the staff planner determines significant staff
time was used.
(c) The following guidelines shall be used for the administration of the fee
structure set forth above:
1. Fees charged for the processing of applications which fall into more than
one category shall be cumulative; while the fees charged for the processing of
applications within the same category shall not be cumulative. In the event that
the fees, which result from accumulation, are found by the Community
Development Department to be excessive in relation to the number of hours it is
anticipated to require to process the application, the Community Development
Department may waive the accumulation requirement. As with other Land Use
Application, refunds are allowed only when staff has not done significant review.
2. Additional billings, for staff time spent above the "base fee", shall be based
solely on processing time spent by members of the Community Development
Department or its designee in the processing of an application.
3. Additional billings shall be computed at the rate of two hundred and forty
five dollars ($245.00) per hour of additional Community Development
Department staff time required. Refunds of unused hours shall be made at the rate
of two hundred and forty five dollars ($245.00) per hour of time.
4. The Community Development Director shall establish appropriate
guidelines for the collection of additional billings as required.
5. This fee structure shall be reviewed annually as part of the City of Aspen's
budget hearing process and should any adjustments be necessary, they shall be
changed to become effective on January 1.
6. The Community Development Department shall identify, prior to or at the
time of submission of a land use application, whether an application is to be
referred to the Engineering, Housing, or Environmental Health Departments. The
Community Development Department shall also identify whether an application
constitutes a minor or a major referral, based on the number of hours that will be
required to review the application, and charge the applicant for each referral
accordingly. Additional billings and refunds shall not apply to the computation of
referral fees.
7. Land use review fees may be waived or reduced in the discretion of the
Community Development Director for projects serving a public purpose,
proposed by anon-profit organization, or in which the fee may be excessive for
the work proposed.
Section 15.
That Section 26.04.070 of the Municipal Code of the City of Aspen, Colorado, which
section establishes historic preservation application fees, is hereby amended to read as
follows:
26.04.070 Historic preservation application fees.
The types of applications and fees for the processing of historic preservation and
applications shall be as follows (Historic preservation review fees maybe waived or
reduced in the discretion of the Community Development Director for projects serving a
public purpose, proposed by anon-profit organization, or in which the fee maybe
excessive for the work proposed). All fees are deposit fees.
Designation
$0.00
Example: Listing of any property on the Aspen Inventory of Historic Landmark
Sites and Structures.
2. Exempt Development $0.00
Example: Interior remodeling, paint color selection, exterior repainting or
replastering similar to the existing finish or routine maintenance such as caulking,
replacement of fasteners, repair of window glazing or other such minimally
intrusive work.
3. Certificate of No Negative Effect $245.00
Work that qualifies includes replacement or repair of architectural features which
creates no change to the exterior physical appearance of the building or structure;
replacement or repair of architectural features that restores the building or
structure to its historic appearance; installation of awnings, canopies or similar
attachments provided no significant feature is damaged, removed or obscured by
the installation; fencing; mechanical equipment or accessory features that have no
impact on the character-defining features of the building or structure; signs which
have no effect on the chazacter-defining features of the historic property;
alterations to non-contributing buildings within historic districts; and alteration to
no more than two elements ofnon-primary fagades of a designated building.
4. Minor Development- Certificate of Appropriateness $735.00 Base Fee
Work that qualifies includes the expansion or erection of a structure wherein the
increase of the floor azea of the structure is two hundred and fifty (250) squaze
feet or less; alterations to a building facade, windows, doors, roof planes or
material, exterior wall materials, dormer porch, exterior staircase, balcony or
ornamental trim when three (3) or fewer elements are affected and the work does
not qualify for a Certificate of No Negative Effect; erection or installation in
combination or in multiples of awning, canopies, mechanical equipment, fencing,
signs, accessory features and other attachments to designated properties such that
the cumulative impact does not allow for the issuance of a Certificate of No
Negative Effect; alterations that are made to non-historic portions of a designated
historic property that do not qualify for a Certificate of No Negative Effect; the
erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a Certificate of No Negative
Effect. Additional time spent will be charged at the hourly rate of $245.00
a. Significant Development (Under 1,000 sq. ft.)- Certificate of
Appropriateness $1,470.00, 6 hours of stafftime
5. Significant Development (Over 1,000 sq. ft.)- Certificate of Appropriateness
$2,940.00, 12 hours of staff time
Work that qualifies includes the construction of a new structure within a historic
district; alterations to more than three elements of a building fagade including its
windows, doors, roof planes or materials, exterior wall material, dormers,
porches, exterior staircase, balcony or ornamental trim; the expansion of a
building increasing the floor area by more than two hundred and fi8y square feet;
any new development that has not been determined to be Minor Development.
6. Demolitions and Off-Site Relocations Only $2,940.00
Full demolition and complete relocations off-site.
7. Insubstantial Amendment to an approved Certificate of Appropriateness: $0
8. Substantial Amendment to an approved Certificate of Appropriateness: $735.00
9. Appeals Base Fee
$735.00
Appeals of any decision of the Historic Preservation Commission. Additional
time over 3 hours will be billed at the hourly rate of $245.00. If an applicant's
appeal is approved, land use appeal fees will be refunded.
The examples listed for different types of applications are intended solely as a
guide and are not binding upon the Community Development Department in
assessing the proper fee for processing any particular historic preservation or
landmazk designation application.
Section 16.
That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which
section establishes zoning fees, is hereby amended to read as follows:
26.104.072 Zoning Fees.
Zoning shall be charged the following fees for the services listed:
I. Building plan checks by zoning (a $125.00 minimum deposit, or 80% of a
significant total, shall be collected at building permit application submittal):
A. RESIDENTIAL. AGRICULTURAL. AND PUBLIC USES WITHIN THE
PUBLIC ZONE DISTRICT
1. Bear Proof Trash Container (Zoning & Building) $60.00
2. Manufactured Housing without basement $125.00
3. Manufactured Housing with basement $125.00
4. New Work and Major Repair/Remodeling Change Orders
Up To 500 s.f. $125.00 Flat Fee
501 - 3,500 s.f. $125.00 plus $.21 per s.f. over 500 s.f.
3,501 - 10,000 s.f. $780.00 plus $.36 per s.f. over 3,500 s.f.
10,000 + s.f. $3,150.00 plus $.40 per s.f. over 10,000 s.f.
5. Minor Repair/Remodel and Change Orders: $125.00
For Zoning reviews that do not add square footage but are not minor reviews, the
charge will be hourly. The rate will be a $245.00 per hour with a minimum charge
of one hour.
(Note: Minor applications request no changes to floor area, use, height and /or
footprint. Those applications which are not Minor are considered Major.)
B.
NON-RESIDENTIAL
1. Bear Proof Trash Containers (Zoning and Building) $60.00
2. New Work, Major Repair/Remodeling and Change Orders
Up To 500 s.f. $125.00 Flat Fee
501 - 5,000 s.f. $125.00 plus $.36 per s.f. over 500 s.f.
5,001 - 10,000 s.f $1,810.00 plus $.70 per s.f. over 5,000 s.f.
10,001 + s.f $5,450.00 plus $.80 per s.f. over 10,000 s.f.
Minor RemodeURepair/Change Orders. $125.00
C.
(Note: Minor applications request no changes to floor area, use, height and /or
footprint. Those applications which are not Minor are consider Major.)
ZONING ENFORCEMENT FEES
Projects constructed without permits, fees are doubled as a penalty.
PENALTY PROVISION
A penalty fee for enforcement actions requiring a land use approval $735.00 base
fee for three hours of staff time plus $245.00 per hour for any staff time in excess
of three hours.
3. Sign permits:
Processing and code compliance for all sign permits $80.00
4. Fence permits:
$80.00
5. Board of Adjustment fee
Processing and application fee for all Board of Adjustment applications or appeals
$735.00 base fee for three hours of staff time plus $245.00 per hour for any staff
time in excess of three hours.
6. Special Event Signage Plan Review $80.00
Processing and application fee for all signage associated with Special Events that
are not required to be reviewed by Special Events Committee.
Banner Installation Fee $60.00 Single
This fee is collected by the City Manager's office.
$120.00 Double
D. Zoning review fees maybe waived or reduced in the discretion of the Community
Development Director for projects serving a public purpose, proposed by a non-
profit organization, or in which the fee may be excessive for the work proposed.
A public hearing on the ordinance shall be held on the day of , 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 day of , 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of December, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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UJ
a' J 07
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Richard Pryor
Steve Barwick
11-6-2007
11-26-2007
Amendment to Liquor Code
~x a
REQUEST OF COUNCIL:
The Aspen Police Department proposes that City Council adopt the Aspen Police
"Bouncer Program" as a condition of the issuance or re-issuance of a liquor license in
the City of Aspen in accordance with Aspen City Municipal Code 5.08.080 "Education
Requirements".
PREVIOUS COUNCIL ACTION:
Previous Council action has approved the adoption of various components of Aspen
Municipal Code Section 5.08 "General Regulations", which covers a variety of alcohol
related topics including; the age of sale and consumption of alcohol, gambling, reports
of disturbances, open containers, educational requirements, and the resealing of
containers.
BACKGROUND:
Part of the process for a business to obtain a liquor license in the City limits includes an
educational component to ensure the business understands the constraints that the law
places on licensed establishments. It has always been the policy of the Police
Department to work cooperatively with licensed establishments in providing an
adequate standard of education. The current educational requirements are as follows:
"Every licensee shall ensure that, at a minimum, seventy-five (75) percent of all servers
currently employed by it shall have successfully completed within six (6) months of the
effective date of this ordinance, and at all times thereafter, an educational liquor seminar
approved by the local liquor licensing authority. The certificate received by servers who
successfully complete the educational liquor seminar shall be valid for a period of
eighteen (18) months."
"Doormen" or "Bouncers" also play a critical role in the management of a licensed
establishment in their ability to help the licensee manage their business in a safe and
productive way. The doormen are the gatekeepers of the establishment and provide a
conduit through which the police department can enhance the services it provides to the
Page 1 of 3
business. For the last four years, the police department has been offering informal
classes to the liquor licensed business community specifically for doormen and
bouncers. This has become a way for the police department to help businesses make
a difference in managing their businesses safely. It has become a way to ensure that
the people on the "front line" have the knowledge and skills to identify their patrons
correctly, or how to respond to difficult circumstances appropriately.
DISCUSSION:
Given the background described above, the popularity of the informal "Bouncer"
program, and the benefits to the relationships between the licensee's staff, patrons and
police department, the police department would like the "Educational Requirements"
section of the Aspen Municipal Code be amended to mandate that a minimum of 50%
of "doormen" or "bouncers" at any single liquor establishment participate in "Alcohol
Awareness" or "TIPS" training classes. On completion of this training, a doorman or
bouncer would be certified for three years. The reason only 50% would be mandated is
that employee turnover can be high in this business, and that classes may not be able
to be scheduled in a timely enough manner to meet greater than a 50% requirement.
This training will be included with the currently required "TIPS" trainings for liquor-
serving establishments, expanding training from manager and server level to include
bouncers.
Topics that are covered in a typical "Doorman" or "Bouncer" Class are as follows:
• Overcrowding
• Tipsy Taxi
• Supervising & controlling the mood of the bar
• How, when & why to report certain incidents
• Liquor code rules & regulations
• Fake ID's & underage drinking
• Intoxicated customers & conflict management
• Dealing with & preventing fights
• Personal safety & security measures
• Detecting crime
These same topics would be covered during an Alcohol Awareness class.
FINANCIAL/BUDGET IMPACTS:
There would be no significant financial impacts for the police department. Trainings
can be scheduled to occur on shift with existing officers. There may be a slight
increase in revenues to the general fund as a result of increased numbers of attendees
at official "Alcohol Awareness Training" sessions. These are currently provided to
businesses for $25 per person.
ENVIRONMENTAL IMPACTS:
There should be no impact, positively or negatively with regard to energy use.
Page 2 of 3
RECOMMENDED ACTION:
Council adopt on first reading an ordinance amending the municipal code to include
mandated training for "Doormen" or "Bouncers" into the "Educational Requirements" of
Aspen Municipal Code 5.08.080.
ALTERNATIVES:
If Council does not want to approve a code amendment requiring Bouncer training, the
police department can continue to provide non mandated "Bouncer" education classes
on a biannual basis.
MOTION: I move to adopt Ordinance #053, 2007, on second reading
CITY MANAGER COM
ATTACHMENTS:
Ordinance # 53, 2007
Page 3 of 3
ORDINANCE # 53
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
SECTION 5.08.080 OF THE MUNICIPAL CODE TO INCLUDE TRAINING OF
DOORPEOPLE AND BOUNCERS AS A REQUIREMENT OF HOLDING A LIQUOR
LICENSE IN THE CITY OF ASPEN
WHEREAS, the City of Aspen is a resort community with a high number of licensed
establishments per capita, and
WHEREAS, the role that the "Doormen" or "Bouncers" of a licensed establishment play
in their ability to help the licensee manage their business in a safe and productive way is
critical, and that the "Doormen" or "Bouncers" are the gatekeepers of the establishment.
WHEREAS, the City of Aspen has had an educational requirement as part of working in,
managing or owning a liquor license since 1990, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That Section 5.08.070 Definitions is amended by adding a subsection:
(f) "Doorman/Bouncer" -The informal title for one who acts as a gatekeeper, performs
general security duties, and maintains a positive working relationship with the police
department for a licensed establishment.
Section 2
That Section 5.08.080 Educational Requirements (c) shall be amended to read:
(c) Every licensee shall ensure that, at a minimum, seventy-five percent (75%) of all
servers and a minimum of fifty (50%) of all doormen/bouncers currently employed by it shall
have successfully completed within six (6) months of the effective date of this Ordinance and at
all times thereafter, an educational liquor seminar approved by the Local Liquor Licensing
Authority. The certificate received by one who successfully completes the educational liquor
seminar shall be valid for a period of three (3Zyears.
Section 3
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 construed 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
A public hearing on the ordinance will be held on the day of 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 day of , 2007.
Michael C. Ireland, 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
axe
MEMORANDUM
TO: Mayor & City Council
FROM Paul Menter, Finance Director
Don Pergande, Budget Manager
DATE: December 3rd, 2007
RE: SECOND READING: Adoption of Budget Supplemental -Ordinance No.~(Series
2007) this item will be discussed on December 10th, 2007.
SUMMARY:
Staff is requesting an amendment to the City's 2007 budget that increases total appropriation from $136.9 million
to $163.5 million, (See Attachment A). Net of inter-fund transfers, this request increases budget authority from
$110.6 million to $137.1 million.
Interfund transfers are required reallocations of City resources between funds. Interfund transfers are not
expenditures, and should therefore not be included in an analysis of the true cost of City operations. Transfers do,
however, require appropriation authority from Council. Attachment C provides a detailed listing of budgeted 2007
inter-fund transfers.
The exhibit below outlines the supplemental request's impact on the City's overall appropriation authority. The
referenced attachments provide itemized listings of requested supplemental budget authority.
CITY OF ASPEN - 2007 SUPPLEMENTAL BUDGET
Descri tion Amount Location
2007 Adopted Bud et: $136,941,730 See Attachment A
Total New Re uests: $26,546,740 See Attachment B & C
Total Bud et Re uests: $26,546,740 See Attachment A
Total Su lemental Re uests: 163 488 470
TOTAL ORDINANCE: $163,488,470 See Attachment A
Less Interfund Transfers $26,345,410 See Attachment D
NET APPROPRIATIONS: $137,143,060 See Attachment A
Different categories of requests include:
• Attachment B and C: "New Requests" of $26,546,740 include requests for formal appropriation of
funding issues previously reviewed by Council during this fiscal year, and new requests. Narrative
justification of each new request is provided as part of this memorandum below.
• Attachment D: This attachment details all budgeted interfund transfers of the City for 2007 of
$26,345,410, in total.
New Requests:
In the General Fund, new requests to be reviewed by City Council, total $439,150. These requests are
made up of the following:
City Council, $7,650.• Staff is requesting funding for travel grid training to cover additional boards and
committees, for actual expenditures that are higher than originally estimated for insurance premiums, and work
stations (see attached memo for details). These one-time appropriation requests will be funded from General
Fund cash reserves.
Police Department, $21,500: Staff is requesting $21,500 to fund'/ of the Right Door operational shortfall
(see attached memo for details). This one-time appropriation requests will be funded from General Fund cash
reserves.
Recreation, $15,000: The Recreation Department contracts with Aspen Gymnastics to run the gymnastics
program at the Red Brick and retains 15% of all revenues collected. Enrollment for gymnastics classes in 2007
has increased, resulting in increased expenses of $15,000. Revenues will offset the increase in expenditures
(see attached memo for details).
Asset Management, $395,000: Staff is requesting budget authority to back fill the repurchase of Water
Place Units # 19 and # 13 in 2007. Staff is also requesting funding of capital improvements for these units. This
request is 100% offset by the current sale proceeds and from the capital reserve which is built up from 1.34% of
the unit resale price over the years (see attached memo for details).
Golf Fund, $52,090: Staff is requesting $36,590 to for operational budget authority (see attached memo for
details). This request will be funded from the Golf Funds cash reserves. $15,500 is for a new tee signs that were
installed in 2007 on the Aspen golf course; this requested is funded by a private donation that was received in
2007.
Asset Management Fund, $38,500. Staff is requesting re-authorization of budget authority fora 3rd floor
remodel, of $30,000. Budget authority was inadvertently pulled from this project during the last supplemental
appropriation (see attached memo for details). $8,500 is requested to repurchase a Police Department radar
trailer that was in an accident and totaled. CIRSA has reimbursed the City for loss of asset. The reimbursement
from CIRSA will be used to pay for the new trailer (see attached memo for details).
Second Reading Additions and Adiustrhents•
HR and Risk Management, $17,000: Staff is requesting $15,000 in funding for pre-employment physicals
that have exceeded projected budget for 2007 because of added positions, increased medical costs, and higher
than average turnover in the Police Department (see attached memo for details). This one-time appropriation
requests will be funded from General Fund cash reserves. $2000, Staff is requesting funding for Yak Trax
purchased for employees to help them avoid injury from slip and fall accidents during the winter season. This
request is 100% offset by reimbursement from CIRSA (See attached memo for details).
Asset Management Fund, $7,500,000: $7,500,000, Staff is requesting a technical adjustment to record
the ISIS property acquisition that was authorized by Council earlier in the 2007. This request was funded by bond
proceeds (see attached memo for details)
Housing Development Fund, $18,500,000: $18,500,000 is for the BMC West property acquisition. This
request is funded by the repurchase agreement proceeds (see attached memo for details).
Please feel free to contact either Don Pergande or Paul Menter with questions regarding any of the appropriation
requests included in this ordinance.
ORDINANCE NO. ~~
(Series of 2007)
AN ORDINANCE APPROPRIATING A INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $7,538,500, AN INCREASE
IN THE GENERAL FUND OF $456,150, AN INCREASE OF $18,500,000 IN THE
HOUSING DEVELOPMENT FUND, AND AN INCREASE IN THE GOLF FUND
OF $52,090.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current yeaz
revenues and/or unappropriated prior yeaz fund balance available for appropriations in
the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND,
AND THE GOLF FUND.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
must be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and/or prior
year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN
FUND, GENERAL FUND, THE HOUSING DEVELOPMENT FUND, AND THE
GOLF FUND: the City Council hereby makes supplemental appropriations as itemized in
the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion thereof.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR
POSTED ON FIRST READING on the 26th day of November, 2007.
ATTEST:
Kathryn S. Koch, City Clerk Mick Ireland, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 10th day of December,
2007.
ATTEST:
Kathryn S. Koch, City Clerk Mick Ireland, Mayor
Approved as to Form:
John Worcestor, City Attorney
Attachment A
Total City of Aspen 2007 Approp riations by Fund
und Name 2007 Amended
Expenditure Budget
After # 2
Supplemental
2007
Supplemental #3
2007 Amended
Expenditure
Budget
General Government Funds
Asset Management Plan $10,581,270 $7,538,500 $18,119,770
General Fund $30.739.310 45$ 6.150 $31 195.460
Subtotal General Gov't Funds: $41,320,580 $7,994,650 $49,315,230
Special Revenue Funds
Parks and Open Space $10,802,160 $0 $10,802,160
Wheeler Opera House $4,974,080 $0 $4,974,080
Lodging Tax Fund $1,151,260 $0 $1,151,260
Parking Improvement Fund $2,111,060 $0 $2,111,060
Housing Development $35,291,970 $18,500,000 $53,791,970
Early Childhood Educ. Initiative -
AVCF
$517,320
$0
$517,320
Kids First I Yellow Brick 1 769 240 ~ $1,769,240
Subtotal, S ecial Rev. Funds: $56,617,090 $18,500,000 $75,117,090
Debt Service Funds
Debt Service Fund 4 083 020 0 4 083 020
Subtotal, Debt Service Funds: $4,083,020 $0 $4,083,020
Parks Capital Improvement Fund $4,700,320 $0 $4,700,320
Enterprise Funds
Water Utility $9,951,550 $0 $9,951,550
Electric Utility $6,936,040 $0 $6,936,040
Stormwater Fund $12,910 $0 $12,910
Ruedi Hydroelectric Facility $648,340 $0 $648,340
Transportation Fund $3,941,680 $0 $3,941,680
Municipal Golf Course $1,182,690 $52,090 $1,234,780
Truscott Housing $2,117,080 $0 $2,117,080
Marolt Housing ~1 171 950 ~ 51.171.950
Subtotal, Enterprise Funds: $25,962,240 $52,090 $26,014,330
Health Ins. Internal Service Fund $3,162,500 $0 $3,162,500
Trust & Agency Funds
Housing Authority $1,022,200 $0 $1,022,200
Smuggler Mountain Fund
Subtotal, Trust 8: Agency Fun s: 73 780
$1,095,980 ~
$0 71' 3 78$0
$1,095,980
ALL FUNDS: $136,941,730 $26,546,740 $163,488,470
Less Interfund Transfers $26,345,410 $0 $26,345,410
EQUALS NET ALL FUNDS
APPROPRIATIONS:
$110,596,320
$26,546,740
$137,143,060
Ci of Aspen I Attachment B
2007 Supplemental Budget ; - 'I 'i
is[Reading New Requests One time requests, unless otherwise noted ~ ,.°nd.°,. ae.re.ess
De artment New Re uest Descri lion ' Amount Subtotal b De t
Ci Council I I I
'~. Staff is requesting a supplemental appropriation travel /training to
; cover additional boards and committees; Council's portion of j
001.03.03000.81999 / 82400 /
83999 insurance premiums; and office furniture (see attached memo for
tletails). $7,650
Subtotal, Ci Council:! $7,650
Police De artment
I
Staff is requesting a supplemental appropriatlons for the 2007 Right i
I
001.31.TBD ~ Door short fall (see attached memo for details) $21,500 '.
Subtotal, Police: $21,500
RecreaGori i ;
The Recreation Department wntracts with Aspen Gymnastic to run '~,
the gymnastics program at the Red Brick and retains 15°/ of all
revenues collected. Enrollment for gymnastics classes in 2007 has ';
increased, resulting in increased expenses of $75,000. Revenues I
~
will offset the increase in expenditures (see attached memo for
001.71.71620.82999 details). I $15,000
Subtotal, Recreation:': $15,000
Asset Mana ement I I
Staff is requesting budget authority to back fill the repurchase of '~,
Water Place Units # 19 and 13 in 2007. Staff is also requesting
( funding of Capifal improvements for these units. This request is
100% offset by the current sale proceeds and from the capital
reserve which is built up from 1.34°/ of the unit resale price over the
001.91.53042.86000 years (see attached memo for details). $395,000
Subtotal, Asset Mana ementa $395,000
SUBTOTAL, GENERAL FUND:( $439,150
Golf Fund
Staff is requesting a supplemental request in operations budget
471.73.xxxxx.xxxxx authority (see attached memo for details). $36,590
A private donation was received for the purchase and installation of
new tee signs on the golf course. The Golf Advisory Board and staff
approved the project. Although the funding was deposited in the Golf
Fund and the project has been completed, budget was not
appropriated. Staff is requesting budge[ authority at this time (see
471.94.81105.86000 attached memofor details). $15,500
Subtotal, Golf Fund:, $52,090
Asset Mana ement Ca ital
Staff is requestng re-authorization of budget authority fora 3rd floor
~
remodel. Budget authority was inadvertently pulled from this project
during the last supplemental appropriation (see attached memo for
000.13.82077.66000 ',details).
$30,000 ~
(This is a request to repurchase a PD radar trailer that was in an
i
accident and totaled. CIRSA has reimbursed the City for loss of
lasset. The reimbursement from CIRSA will be used to pay for the
000.31.TBD.86000 ~ new trailer (see attached memo for details). ~,
I
$8,500 ',
'' Subtotal, Asset Mana ement Ca ital Fund:''. I $38,500
Total New Requests I All Funds: $529,740 $529,740
Ci of Aspen I Attachment C
2007 Supplemental Budget i
Second Reading New Requests I One time requests, unless otherwise noted 1, ,ou„a.a m...,.., s,o
I
De artment New Re uest Descri lion Amount Subtotal b De t.
Human Recourses /Risk Man
01.06.06400.82000 StaO is requesting funding for pre-employment physicals that have exceetletl
Ipmjected budget for 2007 because of atltletl positions, increased medical
(costs, and higher than average turnover in the police department (see attached
memofor details)
'
$15,000
001.06.06400.83999 StaO is requesting funding for yak lraz purchased for employees to help them ~
avoid injury fmm slip and fall accidents during the winter season. This request is~
100%otfsel by reimbursement from CIRSA (see attached memofor details). ~~ '
$2,000
' Subtotal, Communi Develo mental 817000
SUBTOTAL, GENERAL FUND( $17 000
AMP Fund I i
000.91.TBD.66000 ISIS property acquisition -Funded by Bond Proceeds (see attached memo for
(details)
$7,500,000 '
Subtotal, Parks and O en S ace Funda i $7 500 000
Housin Develo ment Fund 1
150.23.TBD.86000 BMC West Property acquisition -funded by repurchase agreement proceeds
(see attached memo for details) '
$18,500,000 l
' Subtotal, Parks Ca ital Fund:', $18 500 000
Total New Requests All Funds:! 526,017,000 826,017,000
Attachment D
CITY OF ASPEN -I _
2007 lnterfund Transfer
_ - -- -- - -__ _ __
I
Transfer From Fund I Transfer To Fund Amount of Trensfer I Pur ose of Interfund Transfer
000 -Asset Management
__ ~
- _-__
-heeler Opera House $186,47011998 Street Improvements 10 Yr IF Loan
- ---.
-_. _. ---
_
Wheeler Opera House
Red Brick West End Project 10 yr IF Loan __
_ _ ___ _
-- - 6 6-9011998 Street Improvements 10 Yr IF Loan
- 18
Debt Serv ce Fund ~~ Transfer to Debt Service Fund
$40
'Subtotal, Transfers From Asset
'Mona ement Fund: $839,270'
001 -General Fund I _
_ _ _ _ _
TAMP Fund
- - $5,180,870] Fund New and Carry Forward Capital Projects
-
___
_
___ __
'. Water Utility Fund .
$99,35011/3 Global Warming EH and CWF Projects
_ _
Parks and Open Space Fund: __ $81,960 Annual Partial Subsidy of Food Tax Refund
Housing Development Fund $1,126,850iTransfer-Zupancis Property Re=purchase
Transportation Fund
-----_ ---- ----- $226,500!TDM Measures
__.- ___
----
Transportation Fund _ _ r
15$ 6.000~,Operations Subsidy. _ _ _
_ _ _ _
.Subtotal, Transfers from General Fund: $6,871,530'.
100 -Parks and Open Space Fund _ '.
' ~. Transfer to fund budgeted 340 Capital improvement
,Parks and Open Space Capital Fund ~!
__ $3,582,290'.. projects-
--- - _ -
Debt Service Fund $850,900 Parks 2005 Open Space Bonds
Debt Service Fund ' $860,690 Parks Portion, 2001 Sales Tax Revenue Bonds
I 2005 Parks and Open Space Revenue Bonds -
'Debt Service Fund $951,160 refunding 1999 bonds
' Transfer to fund budgeted 340 Capital improvement
Parks and Open Space Capital Fund $789,360_projects- Second Supplemental
_ _ _
_ Overhead Payment -General Government Support o
General Fund 67$ 1,980 Fund Operations
I Subtotal, Transfers from Parks and '~,
O en Space Fund: ~ $7,706,380
120 -Wheeler Opera House Fund
__ _
_-.
' ' Overhead Payment -General Government Support o
(General Fund ~ 239720Fund Operations
Subtotal, Wheeler O era House: $239,720'.
0 -Parking Garage Fund
14 i
. ,2004 Certifcate of Participation (Refunded, Originally
', issued in 1989 to construct Rio Grande Parking
'Debt Service Fund $689,500 i Garage
'Transportation Fund $183,870 Overhead, Admin, and Dial a Ride
i Overhead Payment -General Government Support o
General Fund '.Fund Operations _
15$ asso
__- _.._
___ _
.Subtotal, Parkin Gara a Fund: ~ _
_
$1,028,330
150 -Housing Development Fund 1 __ -
'~450 Transportation Fund _ ', $750,000 Burlingame mnigation
450 Transportation Fund $15,000 Burlmgame car share vehicle
-
-
Truscott I Rental Housing Fund i 2001 Housing Bonds Subsidy
_
_$1,341,190 Truscott 1,
_
This is the second year of a three years transfer for
Truscott Landscaping - 340 funds $50,0001andscaping at Truscott
Marolt Ranch Seasonal Housing, Subsidy for
Marolt Ranch Seasonal Housing Fund $35,000IBudgeted Capital Improvements
'APCHA Housing Office, OperationsSubsidy (50% of
Housing Office Operations Fund $177,070..total Subsidy, split with Pitkin County _ _. - - _ _
Overhead Payment -General Govemment Support o
General Fund 497 360 Fund Operations
Subtotal, Housin Develo ment Fund: $2,865,620
151 -Early Childhood Fund _ _
Kids First Fund $10,000 Payment to Kids First for Admin. Services
_
Kids First Fund $3,650 Payment to Kids First for Admin. Services
.Kids First Fund 1$ 2 840 Payment to Kids First for Admin. Services _ _ _ _
_ _
Subtotal, Earl Childhood Fund: $26,490
152 -Day Care (Kids First (Yellow Brick) Fund
General Fund $31,800 Transfer -New Pro a Mana er Position
Attachment D
CITY OF ASPEN
2007 Intertund Transfer
---
Transfer From Fund Transfer To Fund --
Amount of Transfer irPuroose of Intertund Transfer _--
Overhead Payment -General Government Support o
General Fund 63440.Fund Opera_tio_ns_ _ _
Subtotal, Kids First FUnd:. $95,240
340_ -Parks and Open Space Capital Fund
Overhead Payment -General Government Support o
General Fund ' $31,130 Fund O erations
421 -Water Utility Fundl _ ~,
( ~'~Return on Investment Payment, General Fund Sale
_ __ __
General Fund $1,000,000 of Land to Water Utility for Operations Facilities
_
_ _ _ Parks and Open Space Fund _ _ _ _ _
__ $150,000 Water usage Conservation Programs
Overhead Payment -General Government Support o
General Fund 618 040 Fund Operations
Subtotal, Water Utili Fund $1,768,040
431 -Electric Utility Fund ~.
_ _ 'General Fund
_ - _ __ _
$385,840 Franchise Fee Transfer to General Fund
I Overhead Payment -General Government Suppon o
General Fund $314,330 ~. Fund Operations
Purchase of Hydroelectric power from City owned
_ Reudi Hydroelectric Fund $410,000 Generating Facility
General Fund _
$84,350 i/3 Global Warming-EH and CWF projects
_ _ _ Water Utility Fund _ 157 210 Electric Utility portion of Utility Billing Services
.Subtotal, Electric Utili Fund: _
$1,351,730.
444 -Reudi Hydroelectric Fund
' '~ Overhead Payment -General Government Suppon o
'General Fund $11,410 '~ Fund Operations
450 -Transportation Fund
-
Overhead Payment -General Government Support o
General Fund $402,440 Fund Operations
Parks and Open Space_Fund _ __ _ $337,140 Contribution for Mall Rubey Park Mall Maintenance
Subtotal, Transportation Fund $739,580
471 -Golf Course Fund
Overhead Payment -General Government Support o
General Fund _
_ _ _ 115 720 Fund Operations
'Subtotal, Golf Course Fund: $115,720
491 -Truscott Rental Housing Fund
_.
Overhead Payment -General Government Support o
General Fund $22,400 Fund Operations
Overhead Payment -Housing Operations Support of
_ __ _. _ Housing Operations Fund _ _ __ 51 780 Fund Operations
Subtotal, Truscott HOUSin Fund: _
$74,180 _
492 -Marolt Ranch Seasonal Housing Fund
-0verhead Payment- General Government Support o
~
General Fund $17,720
Fund Operations
Overhead Payment -Housing Operations Support of
Housing Operations Fund -
- 26 130 Fund Operations
Subtotal, Marolt Ranch Fund: $43,850
620 -Housing Office Operations Fund
Overhead Payment -General Government Support o
General Fund: $74,870 Fund Operations
Smuggler Housing Fund
Overhead Payment -General Government Support o
General Fund $5,670 Fund Operations
Housing Operations Fund _ _ _ 3 510 Housing Overhead --
- _ _
Subtotal, Smu ler Fund $9,180
501 -Health Care Fund
Health Care Internal Service Bud et $2,453,140' _
2007 TOTAL INTERFUND TRANSFERS
__ _. ____
$25,3as,alo
,~M.. r-
f
x
THE CITY OF ASPEN
Back Up Documentation For:
Memos
Detail Descriptions for Requests
Second Reading
MEMORANDUM
TO: Mayor and Council
FROM: Rebecca Doane, HR Director
Peggy Carlson, Risk Manager
THRU: Paul Menter
DATE: November 28, 2007
RE: Supplemental appropriation
REQUEST OF COUNCIL: Risk Management/Human Resources is requesting an additional budget
authority of $15,000 to the 2007 department budget.
DISCUSSION:
Professional fee expenses for pre-employment physicals have exceeded the projected budget for 2007
because of added positions, increased medical costs and higher than average turnover in the Police
Department.
Eighty-eight pair of Yak Trax were purchased for employees to help them avoid injury from slip and fall
accidents during the winter. The cost was approximately $2,000 which was not included in the 2007
budget. The total amount has been reimbursed by CIRSA. We request that the revenue be moved to
the budget line item.
FINANCIAL IMPLICATIONS: The additional funding of $15,000 is requested to cover these unanticipated
expenses.
RECOMMENDATION: Staff recommends approval of an additional $15,000 of budget authority to cover
these expenses.
CITY MANAGER COMMENTS:
C~7
THE CITY OF ASPEN
Memorandum
To: City of Aspen Mayor and City Coun
From: Paul Menter, Director of Finance and
Cc: Steve Barwick, City Manager
Bentley Henderson, Asset Manager
Date: November 29, 2007
Meeting Date: December 10, 2007
Re: Supplemental funding for BMC West Purchase and Isis Acquisition.
Staff requests supplemental budget authority for two property acquisition projects;
• $7.5 million in funding in the Asset Management fund for acquisition of the Isis
Movie theater, which was completed in February, 2007, and
• $18.5 million of funding in the Housing development fund for the impending
acquisition of the BMC West parcel, planned for December 17~', 2007.
Isis Theater acquisition. A fmal yeaz-end scan of City fmancial activity for 2007 reveals that
while the City Council formally and publicly authorized the acquisition of the Isis, as well as
it's financing, technical approval of budget authority for the acquisition was never requested
by staff and was therefore never approved by Council. Such approval is needed prior to yeaz
end to avoid an audit finding for expenditures in excess of Council approved budget
authority.
This approval provides budget authority for the acquisition of the Isis Theater building only.
Council previously approved budget authority for the renovation work to the building of
$1,525,000, which is complete. Approval of $7.5 million in budget authority will cover this
previously incurred expense, which was made with proceeds from the City's Public Facilities
Authority 2007 Certificates of Participation in February, 2007.
This action has no effect on current financial activity and in no way changes the City's
financial condition now or in the future.
BMC West Pazcel: At its meeting of November 26a', City Council authorized the acquisition
of the BMC West pazcel at a sale price of $18.25 million. The request provides an additional
$250,000 in budget authority to cover other estimated costs of closing. A detailed closing
November 30, 2007
statement has not been provided to City staff at the time of this writing, and final actual
closing costs are not known.
The City will pay cash for this acquisition by using the following internal fmancing strategy,
which has previously been provided to Council in an informational memo dated November
29, 2007.
First, the City will acquire $18.5 million in cash from Compass Bank (one of the City's two
contracted investment brokers -the other is Stifel Nicolaus), secured through a repurchase
agreement line of credit against City of Aspen invested securities. The City will pay interest
on the cash at a rate of approximately 5%, which will be netted against investment portfolio
earnings (cuaently averaging 5.6% annually). Because the City is acquiring cash secured
against its own investments, no multiple fiscal yeaz indebtedness is created and therefore this
acquisition strategy can bridge fiscal yeazs, and serves as the least expensive and most
efficient method for the City to use in the initial acquisition of this pazcel. The City has a
written legal opinion from Bond Counsel stating that this strategy does not constitute a
TABOR violation.
Second, as soon as practicable in eazly 2008, City staff plan to bring Council a proposed
ordinance for a short term tax exempt loan of $18.5 million. This loan will pay off the above
noted repurchase agreement, returning the invested securities used to acquire the initial cash
for the BMC purchase to the City of Aspen. This loan will remain in place until a permanent
financing strategy for this, and other housing pazcel acquisitions can be implemented. Such
strategy is likely to require voter approval and take the form of a general obligation bond
issue. However, if no such strategy is in place by the end of 2008, it may be necessary for the
City to access its repurchase line of credit again to carry the financing of this pazcel across
the end of another fiscal yeaz without violating TABOR.
Finally, staff plans to propose a fmancing strategy that permits the City to reimburse itself for
the acquisition of the BMC West Pazcel, the 802 West Main Pazcel, the Castle Creek pazcel,
and the Pazk Circle pazcel, with bond proceeds. The financing strategy will include a
component that provides for.the financing of affordable housing on each of these pazcels of
the coming several years. This strategy will most likely take the form of voter approval to
issue general obligation bonds in multiple series, and in structures providing for eazly
redemption as units are constructed and sale proceeds can be used to pay off a portion of the
bonds.
Please feel free to contact me if you have any questions regazding these two supplemental
funding requests.
i
e" c.
THE CITY OF ASPEN
Back Up Documentation For:
Memos
Detail Descriptions for Requests
First Reading
TO: Mayor and City Council
THRU: City Manager's Office
CC: Finance Office
FROM: City Manager's Office
RE: 2007 Supplemental Budget Request
DATE: November 6, 2007
Summary:
Staff is requesting a supplemental appropriation of $7,650 for City Councils'
administrative budget.
Background and Discussion:
The 2007 City Council administrative budget was based on previous Councils'
expenditures and activities. The current Council is involved in more organizations,
local, and state affairs than previous councils and incurred expenses not anticipated in the
current budget. Increased travel, office furniture, and insurance claims have exceeded the
original budget.
Staff is requesting a supplemental appropriation of $3250 for Trave]/Training to cover the
additional boards and committees the mayor and council aze involved with; an additional
$2,400 for Councils' portion of insurance premiums; and $2000 for Materials for office
furniture (Council does not have a workstation replacement line item). The total of the
supplemental appropriation request is $7,650.
Alternatives:
Without approval of the supplemental request, the administrative budget will exceed
budget authority before the end of the yeaz.
MEMORANDUM
TO: Mayor and Council
FROM : Bentley Henderson
THRU: Paul Menter
DATE OF MEMO: November 15, 2007
MEETING DATE: November 26, 2007
RE: Supplemental appropriation
SUMMARY: Staff is requesting re-authorization of budget authority fora 3`d floor remodel.
Budget authority was inadvertently pulled from this project during the last supplemental
appropriation.
PREVIOUS COUNCIL ACTION: Approval of Resolution 41-2007 eliminated budget
authority for a proj ect that was intended to move forwazd in 2007.
DISCUSSION: In our effort to ensure that the budget more accurately reflected the nature of
our operations, we reduced or eliminated budget authority for a number of Asset Management
projects. Regrettably, a project that was intended to continue to have funding had its budget
authority eliminated. The action being requested represents essentially a technical adjustment to
re-appropriate that funding.
FINANCLAL IMPLICATIONS: The additional funding requested is $30,000, which added to
the existing $10,000 in budget authority represents the original budget authority of $40,000 for
this project.
RECOMMENDATION: Staff recommends approval of the reauthorization of budget authority
of $30,000 to complete a remodel effort on the 3`a floor of city hall.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and City Council
FROM: Richard Pryor
TARU: Steve Barwick
DATE OF MEMO: 11-9-2007
iVIEETING DATE: 11-26-2007
RE; 2007 Police Supplemental Budget Requests
REQUEST OF COUNCIL:
This supplemental funding memo includes requests for the following:
• Radaz Trailer reimbursement.
• The Right Door 2007 shortfall.
Council is being asked to approve all of the above supplemental requests.
DISCUSSION:
Radar Trailer reimbursement.
hi August of this yeaz a private vehicle ran into one of the PD Radaz Trailers. CIRSA
wrote the trailer off and provided reimbursement to the PD. The PD needs to have an
equivalent amount to this revenue added into it's equipment budget in order to purchase a
replacement.
The Right Door 2007 shortfall.
The Right Door program has been enormously successful in providing services to the
Aspen and Pitkin County community. In 2007 its success has led to the necessity for
increased staffing to support its client base. The Right Door has forecast a shortfall in the
amount of $43,000 for 2007. The Right Door has received supplemental funding from
Pitkin County in the amourit of $21,500 to cover half of the shortfall. The Right Door is
requesting that the City of Aspen fund the remaining $21,500.
Page 1 of 2
FINANCLALBUDGET IMPACTS:
• Radar Trailer reimbursement.
One time appropriation (revenue already received) $ 8,500
The Right Door 2007 shortfall.
One time appropriation
$21,500
Total of current requests: $30,000
ENVII2ONMENTAL IMPACTS:
• Radar Trailer reimbursement.
Functionality of a radaz trailer leads to slower vehicle speeds and less fuel consumed.
The Right Door 2007 shortfall.
The increase in referrals may have lead to an increase in transportation by The Right Door
to places of treatment for it's clients. Direct City environmental impacts azeminimal.
RECOMMENDED ACTION:
Police Department staff recommends the adoption of all the above listed appropriations.
ALTERNATIVES:
• Radar Trailer reimbursement.
If council chooses not to fund this, the department will still have three functioning radar
trailers.
• The Right Door 2007 shortfall.
The alternative would be to provide funds at a level lower than that requested or not at all.
If this were the case, the City of Aspen may see a reduction in services available through
the end of 2007. If this were the case, police officers may be placed in the position of
assisting fewer individuals, or of having to take care of individuals when they could be
providing other services to the community.
CITY MANAGER COMMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Susan Arenella, Recreation Operations Manager
THRU: Tim Anderson, Recreation Director
DATE OF MEMO: November ~, 2007
MEETING DATE: November 26, 2007
gE• Supplemental Request for Gymnastics Program
REQUEST OF COUNCIL: Staff requests council to increase expenditures for the
gymnastics program by $15,000, which will be offset by revenues.
DISCUSSION: The Recreation department contracts with Aspen Gymnastics to run the
gymnastics program at the Red Brick gym. Aspen Recreation collects all program fees
and retains 15% of all revenues collected. Enrollment for gymnastics in 2007 has
increased, resulting in increased expenditures of $15,000.
FINANCIALBUDGET IMPACTS: The additional expenses will be offset by
increased revenues for the gyrrmastics program.
RECOMMENDED ACTION: Staff recommends increased budget authority of
$15,000 for the gymnastics program.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and City Council
FROM: Steve Aitken, Director of Golf
THRU: Jeff Woods, Parks and Recreation Manager
DATE OF MEMO: November 2, 2007
ivIEETING DATE:
RE: 2007 Supplemental Request
REQUEST OF COUNCIL; The Golf Department is requesting an additional budget authority
of $36,592 to the 2007 Golf Operating Budget and $15,500 to the 2007 Golf Asset Management
Plan.
DISCUSSION:
Operational expenses aze forecasted to exceed 2007 budget for the Golf Fund. The Golf
Department is projecting an additional $36,592 in operational costs for 2007. To maintain the
expected level of customer service these expenses were addressed at a staff level at the time of
their occurrence.
Detail of the expenses is outlined below:
Electronic Tee Sheet. Additional integration with current systems was necessary to
provide for an efficient operation. Programming fees, wire runs, network server usages have all
been added to the project.
$15,100.00
The Golf Department is coming off a very strong year in revenues for 2007. It should be noted
that actual revenues exceeded 2007 budget. The lazgest contributor to the success of revenue
income was the implementation of the electronic tee sheet. It should be noted that $380,000.00 of
golf rounds were booked directly through the reservation portion of the tee sheet. The electronic
tee sheet enabled customers to reserve a tee time at the golf course 24 hours per day 7 days per
week. Thirty eight percent of all reservations were done through the Internet allowing for
Page I of 3
increased customer service in the golf shop. In addition exposure to The Aspen Golf Club has
increased significantly through connectivity on a worldwide basis.
Domain Name. The domain name aspengol£com was purchased to increase
exposure for the golf course and improve ease of tee time reservations.
$5,000.00
Fire Alarm Panel at Clubhouse. This panel was destroyed due to an electrical surge from a
lightning strike neaz the clubhouse.
$6,100.00
A/C Compressor Failure. The air conditioning unit at the clubhouse failed and needed to
be repaired.
$4,900.00
Equipment Rental. One of the mowers from golf fleet (due to be replaced in 2008)
failed due to a blown head gasket. To finish the mowing season we were able work with
equipment distributor to rent a mower for the remainder of the season.
$1,200.00
Labor and Supplies for Golf Course Improvements. Overall golf course improvements
(irrigation installation, pond installation, mounding, grading, seeding) were completed in 2006.
Final touchup work to the improved azeas of the golf course was completed in 2007. This
included spot seeding, weeding, rock removal and watering.
$4,292.00
Total additional operational costs 2007: 36,592.00
Page 2 of 3
Golf Asset Management Plan:
A private donation was received for the purchase and installation of new tee signs at the golf
course. The project was approved through the Golf Advisory Boazd and Staff. The entire cost of
the project was funded through this donation. The amount of the project is $15,500.00. The
project is now complete. Although funding was deposited in the golf fund, budget was not
created for the project. Staff requests that budget authority be provided in the 2007 budget for
this project.
Total Increase to the Golf Asset Management Plan: $15,500.00
FINANCIAL/BUDGET IMPACTS:
The Golf Fund is able to absorb these increases to budget authority due to a positive cash
balance. Projected positive cash balance with the increase in budget authority for 2007 would be
$60,000.00.
RECOMMENDED ACTION: Approval by City Council of increased budget authority of
$36,592 for 2007 Golf Operations and increased budget authority of $15,500 to the Golf Fund
Asset Management Plan.
ALTERNATIVES:
PROPOSED MOTION: "I move to approve Ordinance # ..."
CITY MANAGER COMMENTS:
Page 3 of 3
MEMORANDUM
TO: Mayor and Council
FROM : Bentley Henderson
DATE OF MEMO: 11-06-07
MEETING DATE: 11-26-07
RE: Supplemental Appropriation
SUMMARY: Provided for your consideration is a supplemental funding request for $395,000
for the repurchase of two Water Place employee units.
BACKGROUND: In the late 1990's the City developed some employee units located neaz the
City's water treatment plant on Castle Creek. Over the years employees have moved into and out
of those units. Present policy is that when a unit is vacated by an employee, the city purchases
the unit from that employee and resells it to another qualified employee. Based on the
irregularity of these transactions, they aze not included in annual budget appropriations.
FIN?,NCIAL IMPLICATIONS: This is normally acash-in cash-out transaction. The only
variable would be if the housing category determination (as defined by APCHA), differs between
the seller and buyer. This request is to essentially back fill the general fund Asset Management
departmental budget so that is does not reflect and operational deficit.
RECOMMENDATION: Staff recommends approval of the supplemental appropriation for the
repurchase of two Water Place housing units.
CITY MANAGER COMMENTS:
MEMORANDUM
TO:
FROM:
CC:
Mayor and City Cou
Paul Meuter, Financ
Steve Barwick, City
John Worcester, City Attorney
Randy Ready, Assistant City Manager
DATE OF MEMO:
MEETING DATE:
RE:
November 30, 2007
December 10, 2007
Proposed Use Tax Collection Ordinance
i xf-
REQUEST OF COUNCIL: Staff request Council review and approval of the attached
ordinance on final reading. This ordinance provides legislative authorization for the City to begin
collection of a new 2.1 % use tax on construction materials in early January, 2008. The eazliest
possible implementation date of this ordinance is January l0u', 2008.
PREVIOUS COUNCIL ACTION: Earlier this fall, Council asked the voters of Aspen to
consider approval of a new use tax on construction materials to be used for transportation
services. The voters approved referendum 2A on November 6~'. This ordinance provides
authority for the City to begin collection of this tax on or after January 10`h, 2008. Referendum
2A also provided authorization for a new .15% sales tax for the same purposes, to become
effective September 2, 2009. Staff will be bringing a sepazate ordinance forwazd for this tax at a
time closer to its implementation date.
BACKGROUND: This ordinance provides a permanent funding source dedicated to in-town
transit and transportation services that address the identified structural deficit in the
transportation fund. This item has been the subject of budget policy discussions for several years,
and was anticipated to become critical beginning in 2009 with the increased levels of service
planned for the new west end route required to serve Burlingame Ranch, the AABC and other
azeas west of the Maroon Creek bridge.
DISCUSSION: This ordinance provides the legal terms for the City's collection of the new
2.1 % use tax on construction materials. Key elements of the ordinance include the following:
1. The first $100,000 of owner declazed value of every permitted project will be exempt
from this tax.
Page 1 of 3
2. The ordinance requires the use of the "deposit method" of collection, and uses 50% of the
declazed value as the basis for collection of the deposit. Owners than then submit returns
at the end of the project to "true out" their tax payment and ensure accurate collection.
3. The City of Aspen reserves the right to audit any tax return in order to ensure accurate
collection of the new tax.
4. Currently permitted projects will be required to remit use tax on construction materials
purchased after the implementation date of the new tax (currently planned for January
10`h, 2008), using either a monthly return process, or a deposit process similaz to the one
required of new projects. Staff is currently developing the specific procedures for this tax
collection.
City and Pitkin County staff members are also working to create consistent tax collection systems
and procedures to simplify the tax collection process for all contractors applying for permits with
either jurisdiction.
This final ordinance has four minor modifications from the initial draft reviewed by Council On
November 3`a
1. In section 23.53.3(B). the definition of purchaser is modified to include both the general
contractor and the owner of the building under construction. This change is made to
ensure the City's ability to collect taxed due from both parties during and after project
completion.
2. Section 23.52.4(A) has been modified to refer to the owner declared value of the master
building permit for each project as the basis for calculating the initial deposit due. This
change is intended to eliminate any confusion as to the basis for calculating the deposit as
the City issues many different types of building permits.
3. Section 23.52.5(A)(1) is modified to provide 90 days from the date of certificate of
occupancy for the purchaser to file a final return as a basis for reconciliation of actual tax
due to the deposit, otherwise the purchaser will be considered to have waived his or her
right to a final reconciliation.
4. Section 23.52.(A)(3) is modified to provide 90 days from the date of implementation of
this ordinance for purchasers of materials of previously permitted projects to come into
compliance with this ordinance by either making a deposit equal to their estimate of taxes
due on the remaining amount of their project or by filing an initial monthly tax return and
remitting taxes due that period.
FINANCIAL/BUDGET IMPACTS: This ordinance will provide for the collection of use tax
revenue which is anticipated to generate between $1.7 million and $3.5 million annually to fund
transportation and transit services.
ENVIRONMENTAL IMPACTS: Adoption of this ordinance will permit the City of Aspen to
continue and improve upon its in town transit and transportation programs which encourage
alternative transportation for residents and visitors. These alternatives provide the environmental
benefit of reducing the number of single person vehicle trips within the City, reducing congestion
and increasing the life of transportation infrastructure. They also reduce fossil fuel emissions
within the City of Aspen, reducing greenhouse gas emissions.
Page 2 of 3
RECOMMENDED ACTION: Staff recommends Council review and approval of the proposed
ordinance on first reading.
ALTERNATIVES: Alternatives are limited. Voter approval of this new tax compels
implementation under terms at or similar to those proposed here. Also, failure to implement this
tax will jeopardize the financial health of the City's transportation fund.
Page 3 of 3
PROPOSED MOTION: "I move to approve Ordinance , a new 2.1 % use tax on
construction materials"
ORDINANCE NO.S`j
SERIES OF 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 23 OF THE ASPEN MUNICIPAL CODE BY
ADDING A NEW CHAPTER 23.52, ENTITLED "USE TAX" TO ADOPT A NEW
2.1% USE TAX ON CONSTRUCTION AND BUILDING MATERIALS AND
SETTING FORTH DETAILS IN REGARDS THERETO.
WHEREAS, at an election held on November 6, 2007, the voters of the City of
Aspen approved the following ballot question:
SHALL THE CITY OF ASPEN TAXES BE INCREASED UP TO $1,722,000
FOR THE FIRST FULL 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 FROM USE
TAX; AND SHALL CITY OF ASPEN TAXES BE INCREASED BY AN
ESTIMATED $870,989 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 IMPROVEMENT OF
THE 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?
*Use tax is collected on building materials purchased outside of the city and
brought into the city for use; and
WHEREAS, the City Council desires to levy an additional sales tax of 0.15%
upon the expiration of the current 0.25% sales tax and a use tax on construction and
building materials of 2.1%.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
Title 23 of the Aspen Municipal Code is hereby amended by the addition of a new
Chapter 23.52 entitle "Use Tax."
Chapter 23.52
Use Tax
Sec. 23.52.1 Legislative Intent. H.B. 1007, enacted by the Fifty-fifth Colorado General
Assembly and approved by the Governor on June 6, 1985, sets forth procedures for the
collection of sales and use taxes_by home rule cities. This Chapter contains provisions
which are consistent with some of those set forth in H.B. 1007. The City Council finds
that Article XX of the Colorado Constitution grants plenary power to home rule cities to
levy and collect taxes within the City limits. The City Council does not endorse
restrictions on the taxing power of home rule cities. Thus, it is the intent of the City
Council in enacting provisions consistent with H.B. 1007 to assist the business
community, but not in any way to prejudice the City's right to fully exercise its
Constitutional authority to levy and collect taxes within its boundaries.
Sec. 23.52.2 Words and Phrases Defined: Unless the context clearly indicates
otherwise, the following words and phrases as used in this Chapter shall have the
following meaning:
Tar means the use tax due from a consumer or the sales tax due from a retailer or the sum
of both due from a retailer who also consumes.
Use Tar means the tax paid or required to be paid by a consumer for using, storing,
distributing or otherwise consuming inside the corporate limits of the City of Aspen
construction materials as defined in this chapter that are acquired inside or outside of the
corporate limits of the City of Aspen upon which a City of Aspen sales tax is not paid.
Sec. 23.52.3 Rate; Imposition and Collection; Distribution; Effective date
A. Use Tax Levv: There is hereby levied a tax or excise upon the privilege of using,
storing, distributing, or otherwise consuming in the City construction materials as defined
in this chapter from sources inside or outside the City, on which the City sales tax has not
been paid. For sales transacted on or after January 10, 2008, the rate levied shall be two
and one tenth percent (2.1 %).
B. Imposition and Collection: The tax specified in this Section is imposed upon the
owner and general contractor, jointly defined as the purchaser. Any seller shall collect
the tax and remit it to the City pursuant to Chapter 23.08.
C. Application of funds: All funds received by the City pursuant to this Chapter (Use
taxes) shall be deposited in a sepazate fund. The funds shall be subject to appropriation by
City Council of the City, or its designee, only for the purposes to pay the cost of
operation, maintenance, capital replacement, or improvement of the City transit service
and pedestrian improvements; all in accordance with the purposes and limitations
imposed by the ballot measure authorizing the collection of the use tax.
D. Effective date: The provisions of the Chapter shall be effective upon the tenth day of
2008 (January 10, 2008) and shall continue to be levied and collected until amended or
repealed by ordinance. The tax imposed in this Chapter shall be in addition to all other
taxes imposed by law.
Sec. 23.52.4 Exemptions; Applicability.
The following list of exemptions cannot be increased by implication or similarity. In all
cases, the burden of proof is upon the taxpayer to establish an exemption. The following
aze exempt from the use tax imposed by this Chapter:
(A) The first one hundred thousand dollars ($100,000.00) of master building permit
valuation;
(B) The storage, use, or consumption of any tangible personal property the sale of which
is subject to a retail sales tax imposed by the City;
(C) The storage, use, or consumption of any tangible personal property purchased for
resale in the City of Aspen, either in its original form or as an ingredient of a
manufactured or compounded product, in the regulaz course of a business.
(D) The storage, use, or consumption of tangible personal property brought into the City
of Aspen by a nonresident thereof for his or her own storage, use, or consumption while
temporarily within the City of Aspen; however, this exemption does not apply to the
storage, use, or consumption of tangible personal property brought into this state by a
nonresident to be used in the conduct of a business in this state;
(E) The storage, use, or consumption of tangible personal property by the United States
government, or the State of Colorado, or its institutions, or its political subdivision in
their governmental capacities only or by religious or charitable corporations in the
conduct of their regular religious or charitable functions;
(F) The storage, use, or consumption of tangible personal property by a person engaged
in the business of manufacturing or compounding for sale, profit, or use of any article,
substance, or commodity, which tangible personal property enters into the processing of
or becomes an ingredient or component part of the product or service which is
manufactured, compounded, or furnished, and the container, label, or the furnished
shipping case thereof;
(G) The use, storage, or consumption of any article of tangible personal property the sale
or use of which has already been subjected to a legally imposed sales or use tax of
another statutory or home rule town, city, or city and county equal to or in excess of the
use tax imposed herein. A credit shall be granted against the town's use tax with respect
to a person's use, storage, or consumption in the City of tangible personal property
purchased by him in a previous statutory or home rule town, city, or city and county. The
amount of the credit to equal the tax paid by him by reason of the imposition of a sales or
use tax of the previous statutory or home rule town, city, or city and county on his
purchase or use of the property. The amount of credit shall not exceed the amount of the
Use Tax imposed herein.
(H) The storage, use, or consumption of tangible personal property and household effects
acquired outside of the town and brought into it by a nonresident acquiring residency;
(I) The storage of construction and building materials; and
(J) Any transaction which the City of Aspen is prohibited from taxing under the
Constitution and laws of the United States of America, or under the Constitution of the
State of Colorado.
Sec. 23.52.5 Provisions Relative to Building Permits.
(A) Every person who is required to obtain a City building permit shall remit use tax on
construction materials used on that project, whether purchased from sources inside or
outside the City, by one of the following methods:
1. Estimated prepayment. The estimated cost of construction materials shall be
calculated by multiplying the total valuation of the construction project, entered on the
building permit by the City Building Division, by fifty percent (50%). Use tax on such
estimated cost of construction materials shall be paid at the time the building permit is
issued. Use tax on the actual cost of materials may be subsequently determined through
final reconciliation of actual tax paid to the amount of the initial deposit .Purchaser shall
have 90 days beginning with the date of issuance of a Certificate of Occupancy to file a
final use tax return or waive its right to final reconciliation. Purchaser's right to final
reconciliation under this section shall be considered waived if a final use tax return is not
so filed. If use tax is prepaid, interest on any tax deficiency related to construction
materials shall be computed from the date of issuance of the certificate of occupancy. All
projects permitted on or after January 10, 2008, shall be required to use this method of
payment.
2. Actual cost. The actual cost of construction materials shall be reported and paid
on monthly returns. If use tax is paid on an actual cost basis, interest on any tax
deficiency shall be computed from the date on which tax is due.
3. Previously permitted projects: Purchasers of construction materials for projects
permitted prior to the effective date of this ordinance shall have 90 days from the
effective date of this ordinance to demonstrate compliance. Compliance shall be
considered complete when the purchaser either provides an estimated prepayment of use
taxes in accordance with paragraph (A).1 of this section, or purchaser submits an initial
montly use tax return in accordance with paragraph (A). 2. of this section.
(B) Nothing in this Section shall be interpreted to reallocate the responsibility for
payment of use tax imposed by law.
Section 2.
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.
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
hereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of
the City of Aspen on the day of , 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of , 2002.
Michael C. Ireland, Mayor
Kathryn S. Koch, City Clerk
JPW-saved: 11/30/2007-1775-G:\john\word\ords\Use Tax.doc