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AGENDA
CITY COUNCIL WORK SESSION
July 9, 2019
5:30 PM, City Council Chambers
130 S Galena Street, Aspen
I.COUNCIL ROUNDTABLE
II.WORK SESSION
II.A.Board Interviews
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MEMORANDUM
TO:Mayor and City Council
FROM: Linda Manning, City Clerk
DATE OF MEMO:July 3, 2019
MEETING DATE:July 9, 2019
RE:Citizen board appointments
City Council has been conducting board interviews for various citizen boards twice a year,
typically in January and July. In the past, not all boards have been interviewed by Council
including the Animal Shelter, Building Code Board of Appeals and the Kid’s First Board.
Mayor Torre has indicated that he would like Council to interview all perspective board
members. To be consistent with how board interviews have happened in the past and
due to the number of applicants for each board, staff is recommending that Council
interview all members for each board at the same time instead of conducting individual
interviews.
Included in the packet for each board will be a list of the current members, the most
recent ordinance or code sectionas well as bylaws if available.
Unlike the APCHA interviews that will be conducted earlier in the day, these interviews
will not be recorded or aired by Grassroots.
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Building Code Board of Appeals
6 regular member openings
7 regular members and 2 exofficio members
Due to the infrequency of how often this board meets, there are currently not 7 active
members on the board.
Current Members
Rally Dupps
Tom Marshall –term expired –reapplying
Richard DeCampo – term expired –reapplying
Applicants
Tom Marshall
Richard DeCampo
Chris Bendon
Greg Woods
Sarah Broughton
Jamie Brewster McLeod
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Commercial Core and Lodging Commission
3 regular member openings
7 regular members and 1 alternate member
Current Members
Jeb Ball –chair -alternate member
Charles Cunniffe – vice chair -reapplying
Amanda Tanaka – expires 2021
Angi Wang – expires 2022
Kiki Raj – expires 2020
Bill Dinsmoor –expires 2020
Terry Butler – reapplying
Steve Fante – expired, not reapplying
Applicants
John Starr
Candice Olson
Terry Butler
Charles Cunniffe
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Planning & Zoning Commission
1 regular member opening
7 regular members and 2 alternate members
Current Members
Spencer McKnight – reapplying
Teraissa McGovern – expires
Scott Marcoux – expires 2022
Ryan Walterscheid – expires 2020
James Marcus –expires 2022
Ruth Carver – alternate –expires 2020
Don Love –alternate – expires 2023
Brittanie Rockhill – expires 2023
Rally Dupps –expires 2021
Applicants
Spencer McKnight
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Wheeler Board of Directors
1 regular member opening
7 regular members, 1 alternate member and 1 ex officio member
Current Members
Chip Fuller –chair – reapplying
Tom Kurt – expires2020
Richard Stettner – expires2022
Christine Benedetti – vice chair –expires2023
Nina Gabianelli – expires2020
Amy Mountjoy – expires2023
Ziska Childs –expires 2021
Peter Greeney – alternate - expires 2021
Justin Brown –ex officio
Applicants
Jay Scharer
Brent Miller
Chip Fuller
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Animal Shelter Board
1 City Advisor openings
4 regular members (2 city and 2 county), 2 alternate members (1 city and 1 county), 1
joint member and 1 non-voting member
Current Members
County Advisior
Yasmine de Pagter
Jessica Workman
Marie Kelly
City Advisor
Madeline Leib –alternate - expires 2020
Scott Dolginow –resigned
Adam Goldsmith – regular –expires 2020
Joint Member
Roberta Teliska
Non-Voting Member
Seth Sachson
Applicants
Amy Roldan
Gracie Wright
Isabelle Freidheim
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Open Space Advisory Board
2regular member opening
5 regular members and 1 alternate member
Current Members
Howie Mallory –Chair – term expired reapplying
Charlie Eckart – expires 2020
Phillip Jeffreys – expires 2021
Gyles Thornely – expired
Erik Skarvan – expires 2020
Claudia Kirby – expires 2023
Applicants
Howie Mallory-unavailable
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Chapter 8.08
BUILDING CODE BOARD OF APPEALS1
1 Charter reference—Authority for Building Code Board of Appeals, § 8.1.
Sec. 8.08.010. Created.
There is hereby created a Building Code Board of Appeals for the City. (Code 1962, §§ 2-3-1, 5-3-3; Code
1971, § 7-21; Ord. No. 31-2011§2)
Sec. 8.08.020. Composition; term; qualifications.
A. The building Code Board of Appeals shall consist of seven (7) regular members and two (2) ex officio
members. The two (2) ex officio members shall be employees or officers of the City and the Aspen Fire
Protection District, provided, however, if there is a duly appointed and acting fire marshal for the City, he or she
shall be designated one (1) such ex officio member.
B. All of the members of the Building Code Board of Appeals shall have been qualified electors and residents
of the City or County for at least two (2) years.
C. The Chief Building Official shall be an ex officio member of the Building Code Board of Appeals and shall
act as secretary of the Board. (Code 1962, §§ 2-3-1, 5-3-3; Code 1971, § 7-22; Ord. No. 27-1973, § 4; Ord. No.
23-1974, § 1; Ord. No. 83-1979, § 1; Ord. No. 53-1994, § 4; Ord. No 31-2011§2)
Sec. 8.08.030. Ex officio members not to have vote.
Ex officio members of the Building Code Board of Appeals shall be without voting power in every case. (Code
1962, §§ 2-3-1, 5-3-3; Code 1971, § 7-23)
Sec. 8.08.040. Terms; appointment.
The regular members of the Building Code Board of Appeals shall serve for terms of four (4) calendar years.
The regular members of the Building Code Board of Appeals shall be appointed by the City Council. The
membership of the Building Code Board of Appeals will be appointed at alternate intervals. (Code 1962, §§ 2-
3-1, 5-3-3; Code 1971, § 7-24)
Sec. 8.08.050. Chairman generally.
The Building Code Board of Appeals shall select from among the regular voting members a chairman who shall
act as presiding officer of the Board and who shall be responsible for the management and operation of the
Board.
(Code 1962, § 5-3-4; Code 1971, § 7-25)
Sec. 8.08.060. Secretary generally.
The secretary of the Building Code Board of Appeals shall keep and preserve a complete record of all actions
of the Board. (Code 1962, § 2-3-2; Code 1971, § 7-26)
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Sec. 8.08.070. Meetings and rules of procedure generally.
A quorum for the transaction of business of the Building Code Board of Appeals shall consist of four (4) of the
regular members. The Building Code Board of Appeals shall adopt bylaws for the conduct of its business not
inconsistent with this Chapter and shall keep adequate minutes and records and make such rules of procedure as
it deems necessary. (Code 1962, § 5-3-4; Code 1971, § 7-27)
Sec. 8.08.080. Powers and duties.
The Building Code Board of Appeals shall have the following powers and duties:
A. To adopt reasonable rules and regulations for conducting its investigations and examinations and to render
all decisions in writing to the Building Official in duplicate.
B. To recommend to the City Council such new legislation as it may deem in harmony with its function s and
the matters given to it for administration and also to recommend such new legislation affecting the building trade
or industry as it shall deem advisable for the protection of the public health, safety and welfare.
C. To hear and determine all appeals from orders of the Chief Building Official denying, suspending or revoking
contractor's licenses, in conformity with this Code.
D. And to perform such other duties as the City Council may by this Code or any code adopted herein or any
amendment thereto, from time to time impose upon it. (Code 1962, § 2-3-3; Code 1971, § 7-28; Ord. No. 53-
1994, § 5)
Sec. 8.08.090. Parties who may appeal.
Any person aggrieved by any decision or order of the Building Official may appeal such decision or order to the
Building Code Board of Appeals. (Code 1962, § 5-3-5; Code 1971, § 7-36)
Sec. 8.08.100. Time and procedure for perfecting appeal.
Every appeal to the Building Code Board of Appeals must be perfected within thirty (30) days from the date of
the decision or order appealed from. An appeal is perfected by filing notice of appeal with the secretary of the
Building Code Board of Appeals in the office of the Building Official upon a form provided by the Building
Code Board of Appeals. Such notice shall contain appropriate reference to the decision or order appealed from,
as well as the grounds of the appeal. A duplicate copy of such notice of appeal shall be filed with the chairman
of the Building Code Board of Appeals.
The Building Code Board of Appeals may extend the time within which an appeal may be taken where grounds
for enlargement of time are shown. In cases where the decision or order appealed from pertains to a structure
or building which can be demonstrated by the Building Official to be unsafe or dangerous, the Building Official
may apply to the Building Code Board of Appeals to limit the time for such appeal in order to avoid any hazard
to life or property. (Code 1962, § 5-3-5; Code 1971, § 7-37)
Sec. 8.08.110. Fee.
At the time of perfecting an appeal to the Board of Appeals, the appellant shall be required to pay an appeal fee
of two hundred dollars ($200.00) which fee may be returned to the appellant at the discretion of the Building
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Code Board of Appeals if the appellant is substantially sustained. (Code 1962, § 5-3-5; Code 1971, § 7-38; Ord.
No. 53-1994, § 6)
Sec. 8.08.120. Transmittal of record required.
Whenever an appeal is taken to the Building Code Board of Appeals, the Building Official shall transmit to the
Board all relevant records and data upon which the appeal was taken. (Code 1962, § 5-3-5; Code 1971, § 7-39)
Sec. 8.08.130. Stay of proceedings.
An appeal to the Building Code Board of Appeals shall stay all proceedings in connection with the decision or
order appealed from unless and until the Building Official shall have certified to the Board after notice of appeal
has been perfected that a stay would cause hazard to life and property. In such case proceedings pursuant to the
decision or order of the Building Official shall not be stayed except by order of the Building Code Board of
Appeals or by a restraining order issued by a court of record of competent jurisdiction. No such restraining
order, whether temporary or otherwise, shall be granted without notice, as prescribed in the Rules of Civil
Procedure, to the Building Official and without due cause shown. (Code 1962, § 5-3-5; Code 1971, § 7-40)
Sec. 8.08.140. Work done after docketing of appeal.
Any work done contrary to the order of the Building Official after docketing of an appeal hereunder, pending
determination of such appeal, shall be subject to abatement should the order be affirmed and may not be
considered by the Building Code Board of Appeals as a mitigating or extenuating circumstance. (Code 1962,
§ 5-3-5; Code 1971, § 7-41)
Sec. 8.08.150. Hearings generally.
The Building Code Board of Appeals shall fix a reasonable time for the hearing of an appeal, giving notice in
writing to the parties in interest and shall reach its decision within a reasonable time thereafter. Parties may
appear before the Building Code Board of Appeals in person, by agent or by attorney. The Building Code Board
of Appeals may require additional data and tests necessary for adequate consideration of the appeal. (Code
1962, § 5-3-5; Code 1971, § 7-42)
Sec. 8.08.160. Decisions.
The Building Code Board of Appeals shall have the power in all cases appealed to it from decisions or orders of
the Building Official to reverse or affirm or modify in whole or in part, the decision or order appealed from. No
decision of the Building Code Board of Appeals shall vary or be inconsistent with the terms, provisions and
requirements of this Chapter. (Code 1962, § 5-3-5; Code 1971, § 7-43)
Sec. 8.08.170. Judicial review.
Within thirty (30) days after the entry of any decision or order of the Building Code Board of Appeals, any
person who is aggrieved by such decision or order may seek to review the same in a court of record of competent
jurisdiction. Review shall not be extended further than to determine whether the Building Code Board of
Appeals has exceeded its jurisdiction or abused its discretion. (Ord. No. 23-1970, § 1; Code 1971, § 7-44)
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City of Aspen Land Use Code
Part 200, Planning and Zoning Commission
Page 1
Chapter 26.212
PLANNING AND ZONING COMMISSION
Sections:
26.212.010 Powers and duties.
26.212.020 Qualifications for membership.
26.212.030 Membership; appointment, removal, terms and vacancies.
26.212.040 Staff.
26.212.050 Quorum and necessary vote.
26.212.060 Meetings, hearings and procedure.
Editor's note—Ord. No. 41-2002 §1, 2002 repealed former Chapter 26.212, which pertained to similar
provisions and enacted a new Chapter 26.212 as herein set out. Former Chapter 26.212 was derived
from Ord. No. 5-1988 §2 as amended by Ord. No. 1-2002 §3, 2002.
26.212.010. Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter "Commission")
by state law or the Municipal Code of the City of Aspen, Colorado, the Commission shall have the
following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the text of
this Title, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions or disapproval to
the City Council in regard to amendments of the Official Zone District Map, pursuant to Chapter
26.310;
E. To review and make recommendations of approval, approval with conditions, or disapproval to
the City Council on a Planned Development Project Review and to approve, approve with conditions,
or deny Planned Development Detailed Review, pursuant to Chapter 26.445 – Planned Development;
F. To review and grant allotments for residential, office, commercial and lodge pursuant to growth
management quota system (GMQS), pursuant to Chapter 26.470;
G. To make determinations of exemptions from the growth management quota system (GM QS),
pursuant to Chapter 26.470;
H. To hear, review and recommend approval, approval with conditions or disapproval of a plat for
subdivision, pursuant to Chapter 26.480;
I. To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
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City of Aspen Land Use Code
Part 200, Planning and Zoning Commission
Page 2
J. To hear and approve, approve with conditions or disapprove development subject to special
review, pursuant to Chapter 26.430;
K. To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435;
L. To make its special knowledge and expertise available upon reasonable written request and
authorization of the City Council to any official, department, board, commission or agency of the City,
County, State or the federal government;
M. To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title;
N. To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and approval
pursuant to Chapter 26.314;
O. To grant variances from the provisions of this Title when a consolidated application is presented
to the Commission for review and approval pursuant to Chapter 26.314;
P. To hear, review and approve variances to the residential design guidelines, pursuant to Chapter
26.410;
Q. To hear and decide appeals from and review any order, requirement, decision or determination
made by any administrative official charged with the enforcement of Chapter 26.410, including appeals
of interpretation of the text of the residential design standards. The Commission may only grant relief
from the residential design standards. A variance from the residential design standards does not grant
an approval to vary other standards of this Chapter that may be provided by another decision-making
administrative body; and
R. To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500.
(Ord. No. 41-2002, §1; Ord. No. 50a-2005, §3; Ord. No. 12-2007, §6; Ord. No. 31-2012, §4; Ord. No.
36-2013, §8; Ord. No. 46-2015, §§ 5&6)
26.212.020. Qualifications for membership.
Members of the Commission shall be qualified electors in the City and have been residents of the City
for at least one (1) year prior to appointment. No member of the City Council, the Mayor, a City
employee or any appointed city official shall serve on the Commission.
(Ord. No. 41-2002, §1)
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City of Aspen Land Use Code
Part 200, Planning and Zoning Commission
Page 3
26.212.030. Membership; appointment, removal, terms and vacancies.
A. The Commission shall be composed of seven (7) members and shall be appointed by the City
Council. The City Council shall also appoint two (2) alternate members to the Commission. The first
alternate member shall vote only in the absence of one (1) or more regular members. The second
alternate member shall vote only in the absence of two (2) or more regular members or the absence of
one (1) regular member and the first alternate. When a regular member resigns, the first alternate
member shall automatically be appointed as a regular member in replacement and the second alternate
shall become the first alternate. (Ord 8-2015)
B. All members serve at the pleasure of the City Council and may be removed for cause prior to
the expiration of their appointment by a majority vote of the City Council. Cause may include, but is
not limited to, the following: the Commission member has four (4) or more absences from regular
meetings during the calendar year, the member is no longer a qualified elector or the member while in
office is convicted of a felony or an offense involving moral turpitude.
C. All members, including the alternate, shall serve a term of four (4) years. There shall be no
restraint on the number of terms any member of the Commission may serve.
D. When a member or alternate member is appointed to fill out the term of a departing member or
alternate member, that person's term shall end at the time the departing person's term would have ended.
E. At the first regular meeting in January, the members of the Commission shall elect one (1) of
their members as chairperson and one (1) as vice-chairperson. In the absence of the chairperson, the
vice-chairperson shall act as chairperson and shall have all powers of the chairperson. The chairperson
shall be elected for one (1) year and shall be eligible for reelection.
F. The chairperson of any meeting of the Commission may administer oaths, shall be in charge of
all proceedings before the Commission and shall take such action as shall be necessary to preserve
order and the integrity of all proceedings before the Commission.
G. The secretary of the Commission shall be the City Clerk or the City Clerk's designee. The
secretary shall keep the minutes, shall notify Commission members of regular and special meetings
and shall maintain the files of all studies, plans, reports, recommendations and development decisions
by the Commission.
H. Members of the Commission shall serve without compensation.
(Ord. No. 41-2002, §1)
26.212.040. Staff.
The Community Development Department shall be the professional staff of the Commission.
(Ord. No. 41-2002, §1)
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City of Aspen Land Use Code
Part 200, Planning and Zoning Commission
Page 4
26.212.050. Quorum and necessary vote.
No meeting of the Commission may be called to order without a quorum consisting of at least four (4)
members of the Commission being present. No meeting at which less than a quorum shall be present
shall conduct any business other than to continue the agenda items to a date certain. All actions shall
require the concurring vote of a simple majority, but in no event less than three (3) conc urring votes,
of the members of the Commission then present and voting.
A motion receiving less than a majority of votes in favor or less than three (3) concurring votes shall
constitute a failed motion and shall not be considered action. A tie vote on a motion shall be considered
a failed motion and shall not be considered action. For applications where action is required, the
application shall remain pending until action is taken.
(Ord. No. 41-2002, §1; Ord. No. 12, 2007, §7)
26.212.060. Meetings, hearings and procedure.
A. Regular meetings of the Commission shall be held on the first and third Tuesday of each month.
Special meetings may be called by the chairperson of the Commission, a majority of the members of
the Commission, the Mayor, a majority of the City Council or staff.
B. All meetings and hearings of the Commission shall be open to the public.
C. Public hearings shall be set for a date and time certain.
(Ord. No. 41-2002, §1)
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City Of Aspen
Board / Commission Application
NAME
STREET ADDRESS
MAILING ADDRESS
HOME PHONE WORK PHONE
CELL PHONE EMAIL
*CITY RESIDENCY REQUIREMENT IS 1 YEAR
** 18-40 YEARS OLD WHO LIVE OR WORK IN ASPEN
I desire the appointment for the following reasons:
Please submit application along with a resume to the City Clerk’s office. Completed
applications can be emailed to clerk@cityofaspen.com. Interviews for board/commission
openings will be held in January and June.
SIGNATURE DATE
Board or commission for which application is made
Arts & Non-profit Grant Committee
*Election Commission
*Planning & Zoning Commission
*Board of Adjustment
Building Code Board of Appeals
*Historic Preservation Commission
Wheeler Board of Directors
Commercial Core & Lodging Commission
*Roaring Fork Transit Agency
*Housing Authority
*Local Licensing Authority
Kids First Advisory Committee
*Open Space Advisory Board
Aspen/Pitkin Animal Shelter Board
**Aspen Next Generation Advisory Commission
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Historic Preservation Commission and Planning & Zoning Commission Applicants, please answer the
following questions:
What do you know about the Aspen Historic Preservation Commission or Planning & Zoning Commission?
What interests you about serving on this commission?
What is your understanding of the public process related to community planning and/or the designation of
historic properties?
What are your skills or knowledge that will help improve the commission?
What is your general philosophy on the Aspen Area Community Plan?
This is a volunteer position that sometimes requires a lot of time and there is no compensation, how will you be
able to commit to this?
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ORDINANCE NO. 26,
SERIES OF 2017)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO.
50, SERIES OF 2013 TO ADD AN ALTERNATE MEMBER TO THE BOARD OF
DIRECTORS OF THE WHEELER OPERA HOUSE.
WHEREAS,the City of Aspen owns the historic structure known as the Wheeler Opera
House, located at the corner of South Mill Street and East Hyman Avenue in the City of Aspen,
Colorado, and has the right and responsibility to manage the same; and
WHEREAS,the City Council did appoint a Board of Directors of the Wheeler Opera
House to undertake the management of the Wheeler Opera House in accordance with Ordinance
10, Series of 1982; n,
WHEREAS,the City Council repealed Ordinance #10, Series of 1982 and adopted
Ordinance #63, Series of 1992 to clarify that the Board'of Directors is to function as an advisory
board not a managing board; and
WHEREAS, the City Council repealed Ordinance #63, Series of 1992 and adopted
Ordinance#5, Series of 2004 to change the powers and duties of the Board of Directors to clarify
its role in establishing policies and to expand the membership of the Board of Directors from
seven (7)to nine (9) members; and
WHEREAS, the City Council repealed Ordinance #5, Series of 2004 and adopted
Ordinance #48, Series of 2005 to decrease the membership of the Board of Directors from nine
9)to seven(7), one of which was designated as a youth representative, and modified the
qualification requirements to eliminate members or candidates that have a conflict of interest as
described in City Charter (Section 4.7) as "a substantial personal or financial interest' in the
Wheeler Opera House; and
WHEREAS, the City Council repealed Ordinance #48, Series of 2005 and adopted
Ordinance#50, Series of 2013 to remove the youth representative and replace it with an at-large
member;
WHEREAS,the City Council desires now to amend Ordinance #50, Series of 2013 to
add an alternate member to the Board of Directors;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1. Composition; Term; Qualification.
The Board of Directors shall be constituted.as follows:
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a) The Board of Directors of the Wheeler Opera House shall consist of seven (7) regular
members and one (1) alternate member, all of whom shall serve overlapping three
3)-year terms. The Board shall be appointed by the City Council with all appointees
designated as at-large appointees who shall be selected primarily for their knowledge
of and experience in the performing arts and/or financial, management or marketing
capabilities.
b) Except for the filling of vacancies, all terms of appointments shall be for three (3)-
year periods, commencing at the time of appointment.
c) The Aspen Music Festival and School (AMFS) or its successor organization that may
have the right to exclusive use of the Wheeler Opera House during the summer
season, as per contracting through August 2034, shall appoint a representative to fill a
permanent, non-voting, ex-officio seat on the Board of Directors. By virtue of
AMFS's Wheeler Opera House management responsibilities for a significant portion
of the year, the AMFS representative shall be entitled to participate in any of the
activities and deliberations of the Board, but shall not vote.
d) All members of the Board of Directors shall serve at the pleasure of the City Council
and may be removed by majority vote thereof.
e) The Board of Directors is declared not to be a permanent board within the meaning of
Section 8.2 of the Charter of the City of Aspen and, therefore, there shall be imposed
no age or residency requirement for membership on the Board of Directors nor shall
candidates for appointment be required to be qualified electors.
Section 2. 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 3. Public Hearing
A public hearing on the ordinance shall be held on the 13`
h
day of November,2017, 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 23`
d
day of October, 2017.
AT EST:
Linda Manning, City Clerk Steven Skadro , Mayor
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FINALLY adopted, passed and ordered published this 27`h day of November, 2017.
ATTEST:
Linda Manning, City Clerk Ste n Skadr n, Mayor
APPROVED AS TO FORM:
J es R. True, City Attorney
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