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AGENDA
CITY COUNCIL REGULAR MEETING
August 12, 2019
5:00 PM, City Council Chambers
130 S Galena Street, Aspen
I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
III.A.APD - Bear Aware Campaign Update
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VI.A.Resolution #86, Series of 2019 - Truscott Phase 1 Roofing Replacement Contract
VI.B.Resolution #89, Series of 2019 - Wheeler Carpet Replacement Project
Please approve Resolution #89 - a contract with Handcrafted Flooring to replace
carpet in the lobby, along the stairs, and balcony areas of the Wheeler Opera House
VI.C.Resolution #93, Series of 2019 – Calling for and establishing the date
for the Coordinated General Election and authorizing the City Clerk
execute the IGA with Pitkin County.
VI.D.Resolution #92, Series of 2019 - Design Guidelines for Small Cell Infrastructure
Contract with HRGreen, Inc.
Council approve contract. 1
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VI.E.Minutes - July 22, 2019
VII.NOTICE OF CALL-UP
VIII.POLICY RESOLUTION
VIII.A.Resolution #75, Series of 2019 - Sandwich Board Signs - Policy Resolution
IX.FIRST READING OF ORDINANCES
IX.A.Ordinance #18, Series of 2019 - Sandwich Board Signs
X.PUBLIC HEARINGS
X.A.Ordinance.#19, Series of 2019 - Request to Table Item: Major Subdivision Approval
to vacate a western portion of South Aspen Street (Approximately 5,228 sq. ft.)
X.B.Resolution #91, Series of 2019 - Silver City Ice Rink Temporary Use - 433 E. Durant
Ave.
X.C.Ordinance #20, Series of 2019 - Adding a second alternate to the Commercial Core
and Lodging Commission
XI.ACTION ITEMS
XI.A.Letter to Senator Donovan regarding funding the Colorado Water
Plan
XI.B.Potential meeting day change for regular council meetings
XII.ADJOURNMENT
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MEMORANDUM
TO:Mayor and City Council
FROM:Evan Pletcher, Project Manager, Capital Asset Management
THRU:Jeff Pendarvis, Capital Asset Manager
Cindy Christensen, APCHA Deputy Director
DATE OF MEMO: July 29
th, 2019
MEETING DATE: August 12
th, 2019
RE:Resolution #86, Series of 2019
REQUEST OF COUNCIL: Staff requests approval of a contract between CRW Inc. (Exhibit
B) and the City of Aspen to remove and replace the roofing assembly, gutters, downspouts and
snow stops at Truscott Housing buildings 400-1000.
PREVIOUS COUNCIL ACTION: The previous Council approved the 2019 Truscott Phase 1
– 400-1000 Roof and Gutter Replacement Project in the amount of $500,000.
BACKGROUND: The roofs of Truscott buildings 400-1000 have reached the end of their
useful lifespan and require replacement.
DISCUSSION: The construction of Truscott Buildings 400-1000 was completed in 1998. The
roofing assembly is original to the buildings and has reached the end of its useful lifespan. Staff
anticipated the need for replacement of the roofs of these buildings and requested funding in the
amount of $500,000 for this phase of the project. Staff hired CMW roofing consulting to
assemble a drawing and specification package for the project and to clearly define the scope of
the project to prospective bidders. Of the bids received, CRW Inc. Roofing provided the most
comprehensive bid package at the best price. Their base price for the selected EPDM roofing
material is $516,023.
FINANCIAL/BUDGET IMPACTS: As stated above, the $500,000 in funding was approved
to be used for a 2019 Truscott 400-1000 roof replacement capital project. The contract price for
the low bidder is $516,023. We have also hired a roofing consultant to assist us with this project
which we anticipate will add an additional $38,200 to the overall price. In the event of any
unforeseen conditions, we feel that a 20% contingency should be added to the overall cost of the
project in the amount of $103,204. This will bring the total project cost to $657,427. Staff
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Page 2 of 2
requests that an additional $157,427 in funding be made available to ensure this project can be
completed. This is summarized in the table below.
Item Cost
CRW Inc. Roofing Contract Cost $516,023
20% Contingency $103,204
CMW Roofing Consulting $38,200
PROJECT TOTAL:$657,427
Current Funding:$500,000
Additional Request:$157,427
Funding for the additional request of $157,427 will be provided from the 491 Truscott I
Affordable Housing Fund.
Note: The Council should be reminded that the 150 Affordable Housing Development Fund is
currently subsidizing the 491 Truscott I Housing Fund as it cannot support the annual debt
service payment and maintenance and capital costs with yearly rental income. This subsidy is
roughly $1 million in 2019 and again in 2020 (debt service is retired after 2021). As such, an
increase in project costs must be subsidized by an additional transfer from the 150 Fund.
RECOMMENDED ACTION: Staff requests approval of a contract between CRW Inc. and the
City of Aspen to remove and replace the roofing assembly, gutters, downspouts and snow stops
at Truscott buildings 400-1000. Staff also recommends an additional $157,427 be provided from
the 491 Truscott I Affordable Housing Fund to complete this project.
PROPOSED MOTION:“I move to approve Resolution #86, Series of 2019”
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – Resolution #86, Series of 2019
Exhibit B – CRW Inc. Contract for Truscott Housing Roof Replacement Services
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RESOLUTION #86
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CRW INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Truscott Housing Roof Replacement, between the City of Aspen and CRW Inc., a
true and accurate copy of which is attached hereto as Exhibit “B”;
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 that Contract
for Truscott Housing Roof Replacement, between the City of Aspen and CRW
Inc., a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of August, 2019.
Torre, Mayor
I, Linda Manning, 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, August 12th, 2019.
Linda Manning, City Clerk
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TO:MayorTorre and Aspen City Council
THRU:Gena Buhler,Wheeler OperaHouse ExecutiveDirector
Jeff Pendarvis, Capital Asset Director
FROM:Evan Pletcher, Project Manager Capital AssetManagement
DATE OF MEMO:August 2, 2019
MEETING DATE:August 12, 2019
RE:Wheeler – Carpet Project for Auditorium andBalcony
REQUEST OFCOUNCIL:Staff requestsCouncil to approve Resolution 89 (ExhibitA) to approvethe
Contract for Handcrafted Flooring (Exhibit B) to replacesolidand custom bordercarpets in the
auditorium and balcony areas.
BACKGROUND:The carpet in the WheelerOpera House auditorium and balcony areas is generally
replacedon a 10-yearschedule. The last replacementproject was in 2009 (orchestra) and2013
(balcony). During orchestra seating replacement in 2018 and theupcoming hearing loop install, the
carpet in the auditorium must be removed and recut. Staff recommendation isto replace the carpet in
the orchestra level atthistime dueto wear andtearof carpet during this process
DISCUSSION:In May 2019, the City of Aspen solicited bids from carpet company’s for replacement of
the carpet in the lobby, along the stairs, and balcony areas. The specification ofthe bid includes
coordinationof installmentwith theclosurescheduleof thefacility.
Two bids were received duringthe procurement process for thesame product plus labor costs ranging
from approximately $68,000.00 to approximately $82,000.00. All contracts over$50,000 require City
Council approval.
FINANCIAL/BUDGET IMPACTS:FINANCIAL/BUDGET IMPACTS: The 2019 includes $54,645 in spending authority
specific to the “Wheeler Interior” project budget. These resources, plus $13,592 in unused authority from the
“Orchestra Seating Replacement” project budget (with the seating replacements completed) are sufficient to
cover this carpeting project as proposed.
RECOMMENDED ACTION:Staff recommends approving the Handcrafted Flooring contract for $68,237
to re-carpet designated areas of theWheeler by adopting Resolution #89.
PROPOSED MOTION:“I move to approve Resolution #89”to approve the contract with Handcrafted
Flooringto replace carpet in the lobby,along thestairs, and balcony areas of theWheelerOpera House.”
CITY MANAGER COMMENTS:
ATTACHEMENTS:
Exhibit A – Resolution #89, Series of 2019
Exhibit B – Handcrafted Flooring Contract for Wheeler Carpet Replacement
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RESOLUTION 89
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND HANDCRAFTED
FLOORING AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council one contract for Supply
Procurement and Professional Services to replace carpet at the Wheeler Opera House between
the City of Aspen and Handcrafted Flooring, a true and accurate copy of which is attached
hereto as “Exhibit A”.
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 that contract between the
City of Aspen and Handcrafted Flooring, a copy of which is annexed hereto and incorporated
herein and does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED bythe CityCouncil of the City of Aspen on
the 12
th of August 2019.
Torre, Mayor
I, Linda Manning, 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 Cityof Aspen,
Colorado, at a meeting held on the 12
th of August 2019.
Linda Manning, City Clerk
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Agreement for Procurement and Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT - V2010
SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2019-51030.
AGREEMENT made as of 24th day of July, in the year 2019.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Michelle Bonfils Thibeault
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Professional:
Handcrafted Flooring
c/o Matt Chartier
1117 Village Road
Carbondale, CO 81623
Phone: (970) 963-7472
For the Following Project:
Replace carpet in the auditorium and balcony including custom border carpet.
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: List of supplies, equipment, or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Hourly Fee Schedule.
Procurement: $58,520.25
Professional Services: $ 9,716.75
Total: $68,237.00
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Agreement for Procurement and Professional Services Page 1
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (FOB Wheeler Opera House, 320 E Hyman Ave, Aspen, CO 81611 .
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. (manufacturer’s warranty applies).
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. 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 the installation in the auditorium pursuant to this Agreement
shall be completed between October 28, 2019 and November 1, 2019. The installation in the
balcony work will be determined as it relates to other work taking place in the balcony area. Upon
request of the City, Professional shall submit, for the City's approval, a schedule for the perfor-
mance 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.
8. 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 C appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. 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.
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Agreement for Procurement and Professional Services Page 2
9. Non-Assignability. Both parties recognize that this Agreement 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 may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of 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 pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set-off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. 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 are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
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Agreement for Procurement and Professional Services Page 3
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by 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) Workers’ 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 FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(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) aggregate. 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
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Agreement for Procurement and Professional Services Page 4
(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
($1,000,000.00) aggregate 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.
(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 insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by 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,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of 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
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Agreement for Procurement and Professional Services Page 5
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.
15. 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 Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are 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.
16. 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.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. 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 15.04.570,
pertaining to non-discrimination in employment.
19. 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.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
21. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
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Agreement for Procurement and Professional Services Page 6
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
“Basic Pilot Program” means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
“Public Contract for Services” means this Agreement.
“Services” means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
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Agreement for Procurement and Professional Services Page 7
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
22. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
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Agreement for Procurement and Professional Services Page 8
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
23. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon the availability of
those funds for payment pursuant to the terms of this Agreement.
22. 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
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Agreement for Procurement and Professional Services Page 10
City Attorney’s Office
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Agreement for Procurement and Professional Services Page 11
EXHIBITS A, B, and C
Exhibit A - Items to be Purchased
Description Qty Cost U/M Total
Field Carpet Masland Custom color W953 485 62.80 Sq.yds 30,458.00T
Rubber Tread Moore 605 7.25 Sq.yds 4,386.25T
Custom Border 150 149.34 Sq. yds 22,401.00T
Carpet and pad glue 15 85.00 each 1,275.00T
Exhibit B
Handcrafted Flooring shall provide the labor, equipment, materials, supplies and expertise to
remove the old flooring and dispose it in a proper way, and install the new carpet, border and rubber
trim.
Exhibit C
Freight 1 984.25 984.25
Remove old carpet and haul away 485 2.00 Sq.yds 970.00
Install Carpet Double Stick 485 8.50 Sq.yds 4,122.50
Border Labor 32 65.00 hour 2,080.00
Upholstery Labor 24 65.00 hour 1,560.00
Total labor, freight, and disposal costs are $9,716.75
Total materials purchased are $58,520.25
Total Cost $68,237.00
The City shall pay a deposit toward the purchase of the carpet, border and rubber trim of
$44,354.00. The balance shall be paid NET 30 upon approving the final invoice and completion of
the work.
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Agreement for Procurement and Professional Services Page 12
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MEMORANDUM
TO:Mayor and City Council
FROM:Linda Manning, City Clerk
THROUGH:Jim True, City Attorney
MEMO DATE:August 5, 2019
MEETING DATE:August 12, 2019
RE:Resolution #93, Series of 2019 – Calling for and establishing the date
for the Coordinated General Election and authorizing the City Clerk
execute the IGA with Pitkin County.
REQUEST OF COUNCIL:Staff is recommending Council establish participation in the
Coordinated November Election and authorize the City Clerk to execute the IGA.
SUMMARY AND BACKGROUND: The attached resolution calls for and sets the date for
the Coordinated General Election for November 5, 2019 and authorizes the City Clerk to
execute the Intergovernmental Agreement with the Pitkin County Clerk and Recorder
concerning that election. Staff will be recommending to Council a ballot question seeking
authorization from the electorate to retain the excess funds collected from the tobacco
sales tax for the November 5, 2019 coordinated election.
DISCUSSION: To coordinate with the County for the November election there are
several time deadlines that must be met. The first is calling for the election by resolution
and execution of the IGA prior to August 27, 2019. The second deadline to consider is
that all ballot content must be delivered to the County by September 6, 2019. At the
Council meeting on August 26th, Staff will recommend ballot language for the question
related to the tobacco sales tax funds. Council can still add ballot questions or issues up
to the September 6 date either at the next regularly scheduled meeting or, if needed by
holding a special meeting.
FINANCIAL IMPACTS: Political Subdivision (City of Aspen) shall pay to the County Clerk
its pro rata share of the direct costs and expenses actually incurred and paid by the
County Clerk in order to prepare for and conduct the election, including without limitation
post-election activities such as the post-election audit, canvass and certification of official
results. Political Subdivision’s prorated share of such costs and expenses shall be based
on a) the total number of registered electors residing within the columnar length in inches,
of ballot content certified to the County Clerk by the Political Subdivision. The minimum
charge for participation in the election is $1,000.
ENVIRONMENTAL IMPACTS: None
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ALTERNATIVES: The only elections where a TABOR question can be placed on the
ballot are in a state general election, biennial local district election or on the first Tuesday
in November of odd-numbered years. If Council chooses not to place the question on the
ballot in November, the next opportunity would be November of 2020.
RECOMMENDATIONS: Staff is recommending Council adopt Resolution #93, Series of
2019 to set the election date for the coordinated general election and authorize the City
Clerk to sign the IGA.
CITY MANAGER COMMENTS: In early 2019, City staff was directed to prepare a
strategic expenditure proposal for tobacco sales tax revenue collected in 2018. During
that discussion, Council also directed staff to prepare a ballot question to request voters
approve keeping approximately $114,000 in revenue above the year one collection
estimate. A full report on this matter is scheduled for Council’s work session on August
13, 2019. The nature of the timing of the election deadlines requires Council to consider
approval of the election IGA before presentation of the spending plan. The approval of
this IGA preserves the current Council’s ability to place a ballot question through
legislative action after the tobacco work session. - SGO
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RESOLUTION # 93
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CALLING FOR AND ESTABLISHING A DATE FOR THE CITY OF ASPEN TO
COORDINATE WITH PITKIN COUNTY FOR THE 2019 GENERAL ELECTION TO
BE CONDUCTED ON NOVEMBER 5, 2019 AND AUTHORIZING THE CITY CLERK
TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE
2019 GENERAL ELECTION.
WHEREAS, there has been submitted to the City Council an intergovernmental
agreement for the 2019 General Election, between the City of Aspen “Political
Subdivision” and Pitkin County Clerk and Recorder, a true and accurate copy of which is
attached hereto as Exhibit “A”; and
WHEREAS, the City Council desires to place before the Aspen electorate certain
ballot questions; and
WHEREAS, the City Council may add such additional questions to the ballot as it
may hereafter deem appropriate,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1:
The City of Aspen shall coordinate with the General Election established for Tuesday,
November 5, 2019 for the purposes of submitting ballot questions regarding retaining excess
funds collected from the tobacco tax and any other questions to be determined by the City
Council at a future date.
Section 2:
Pursuant to Ordinance No. 31, Series of 1996, the coordinated election shall be conducted in
accordance with the Uniform Election Code of 1992, as amended. The City Clerk shall take
all steps necessary to negotiate with the Pitkin Clerk and Recorder for the preparation of an
intergovernmental agreement in accordance with Section 1-7-116, C.R.S., concerning the
conduct of the November 5, 2019 Coordinated General Election according to law. The City
Clerk shall be authorized to execute the intergovernmental agreement concerning the 2019
general election.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 12th day of August 2019.
Torre, Mayor
I, Linda Manning, 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, August 12, 2019.
Linda Manning, City Clerk
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MEMORANDUM
TO:Mayor and City Council
FROM:Justin Forman, P.E., Division Manager Engineering Department
Paul Schultz, Director of Information Technology
Tyler Christoff, P.E., Interim Director of Utilities
Trish Aragon, P.E., City Engineer
THROUGH:None
MEMO DATE:August 5th, 2019
MEETING DATE:August 12th, 2019
RE:Design Guidelines for Small Cell Infrastructure – Consent for
Professional Services Contract, Resolution #92, Series of 2019
REQUEST OF COUNCIL: Staff recommends Council approve the Design Guidelines for
Small Cell Instructure with HRGreen, Inc. in the amount of $64,000.00.
SUMMARY AND BACKGROUND:
State and Federal law surrounding “Small Cell” wireless infrastructure has been rapidly
evolving. In late 2017 Colorado state law was amended to, among other things, create a
“use by right” for Small Cell facilities in any zone district, and subjects applications for
Small Cell facilities to new “shot clocks” that require expedited processing of all Small Cell
applications. More recently, a ruling issued by the FCC, and which is currently in effect,
significantly reduces local control of Small Cell wireless infrastructure.
To address this changing landscape, the City adopted new Wireless Regulations in March
of this year. These regulations outline the requirements for any wireless deployment on
private property, in the public right of way, and on City property. As part of this work, the
City has sought guidance from a telecommunications attorney to ensure our regulations
meet state and federal requirements, while also going as far as possible to protect
Aspen’s unique small-town character.
These regulations, initial interim Design Guidelines, and the applications requirements
are available online at:https://www.cityofaspen.com/1223/Small-Cell-Facilities
The recently updated amendment to Aspen’s Land Use Code related to wireless
responds adequately to the requirements of the new FCC rules and protects Aspen from
some of the negative impacts of this federal mandate. In addition to the update to the
Land Use Code, a new land use application specifically for wireless facilities has been
developed as has an improved process that better coordinates land use and building
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permit review. These changes will help the City comply with the review timelines
established by the new federal regulation.
It should be noted that the recent Land Use Code change was completed as a stop gap
measure. When these changes were adopted in March of 2019, Council directed staff to
update the City’s Design Guidelines on new wireless deployments. These Design
Guidelines will outline and standardize Small Cell wireless applications on private
property and within public right-of-way.
Once the Design Guidelines are completed, Community Development staff will initiate an
amendment to the land use code to coordinate the new document with the code and
related review process.
DISCUSSION:
The creation of a more robust Design Guideline document will outline and standardize
Small Cell wireless applications within the City of Aspen both on private property and
within public right-of-way.
The Design Guidlelines for Small Cell Infrastructure project was advertised for proposals
through the Bidnet Direct website. Three (3) proposals were received and opened on
June 28th, 2019.
Staff put together a comprehensive scope of work that will include: background
information on Small Cell facilities, shot clock requirements, pole design, pole caisson
design, concealment and color schemes, equipment mounting/attachment,
landscaping/trees, lighting design, electric meter placement, height limits, placement
requirements for attached and standalone facilities, hierarchy of placement, historic
districts and designated properties, designs that do not comply in Aspen, and other
various technical and non-technical details. Additional items discussed at the August 5
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City Council Work Session will be incorporated into the scope of this project as necessary.
Due to the technical nature of these standards, HRGreen, Inc. will work with staff and if
required a public relations firm to help incorporate community/Council feedback into their
final Design Guideline document.
The criteria for selection of the winning firm were as follows:
Firm Experience: 20%
Experience with similar Small Cell Municipal Design Applications, firm to
provide case studies of previous small cell guidelines and deployments.
Experience with similar Small Cell Design Applications in resort communities
Experience with communities with historic preservation efforts/districts
Experience on other City of Aspen projects
Team Experience: 15%
Team organization
Professional Engineer Registered in the State of Colorado
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Planning and Land-Use Experience in the State of Colorado
Project lead, including qualifications and resume
Project understanding: 25%
Understanding of Project Scope
Approach of project
Proposal for document organization – design guidelines, preferred
installations, prohibited installations, etc.
Proposal for inclusion of the following elements: technical, visual and
narrative descriptions, process flow chart of how new guidelines and process
standards relate to Aspen’s existing regulatory framework
Perception of Aspen-specific opportunities and constraints
Project Completion Timeline: 25%
Proposed timeline for completion of deliverable document
Description of firm’s capacity for project completion
Cost: 15%
Proposal fees received from the three (3) consultants as summarized below:
HRGreen, Inc.$64,000.00
Comptek $58,240.00
NeuComm $48,500.00
HRGreen, Inc. was unanimously identified by staff as the most qualified bidder through
the selection criteria mentioned above.
FINANCIAL IMPACTS:
The 2019 Budget includes $85,000 in spending authority within the Community
Development department’s General Fund budget for this purpose and can fund this
contract.
ENVIRONMENTAL IMPACTS:
Currently none
ALTERNATIVES:
Currently none
RECOMMENDATIONS:Staff recommends Council approve the Design Guidelines for
Small Cell Infrastructure contract with HRGreen, Inc. in the amount of $64,000.
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CITY MANAGER COMMENTS:
Attachment A – Resolution #92, Series of 2019
Attachment B – Contract with HRGreen, Inc.
Attachment C – HRGreen, Inc. Proposal
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RESOLUTION #92
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND HRGREEN, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for,
between the City of Aspen and, a true and accurate copy of which is attached
hereto as Exhibit “ B”;
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 that Contract
for, Design Guidelines for Small Cell Infrastructure between the City of Aspen
and HRGreen, Inc. a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of August 2019.
Torre, Mayor
I, Linda Manning, 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, August 12th, 2019.
Linda Manning, City Clerk
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5619 DTC Parkway, Suite 1150
Greenwood Village, CO 80111
Phone 720.602.4999 + Web HRGreen.com
Mike Connor | mconnor@hrgreen.com
HR Green, Inc.
SUBMITTED BY
JUNE 28, 2019
DESIGN GUIDELINES FOR SMALL CELL INFRASTRUCTURE
Project Number #066-2019
Presented to
CITY OF ASPEN
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Executive Summary .....................................................................................3
Section 1: Introducing Our Firm and Our Team ..............................................4
Section 2: Our Qualifications and Experience ...............................................11
Section 3: Our Approach to the Project .......................................................19
Section 4: Fee Proposal and Schedule .......................................................28
Appendix............................................................................................................
Proposal Acknowledgement..........................................................................
Public Outreach Consultant / Blakely + Company.........................................
TABLE OF CONTENTS
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EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
The City of Aspen is unique in many ways and
foresees adopting a set of Small Cell Design
Guidelines that are equally distinctive in order to
preserve this identity.
We have developed a set of solutions with a keen
sensitivity to this goal.
Our Strengths
Industry Leaders - We were one of the first civil
engineering firms nationally to recognize the opportunities
and foresee the challenges of the small cell revolution
for municipalities. For the past several years, we have
been leading the push for proactive codes that protect
a community’s identity while delivering 5G technology
to residents, business owners, entrepreneurs, students,
visitors and first responders.
Customized Approach - For this project, we bring
an understanding of the specialized needs of resort
communities and the understanding of the sensitivity
required to maintain historic district aesthetics through
our work with Colorado communities of Breckenridge,
Bachelor’s Gulch/Beaver Creek, Black Hawk and the Town
of Eagle. We also bring an understanding of the high
expectations of upscale constituents through our work in
just the last few months with the City of Laguna Beach in
California, Front Range communities including Thornton,
Greenwood Village, Manitou Springs, Highlands Ranch/
Douglas County, Woodland Park and El Paso County as
well as numerous communities in the Midwest. We are
proud of our ability to customize our approach to meet
the needs of the project and the client.
It will be the goal of HR Green to work with the City of
Aspen to create a consistent design for small cell poles to
be used to upgrade the streetlight and traffic signal systems
throughout your community. With proper regulations and
standards, Aspen can upgrade the community aesthetics,
control the proliferation of unsightly small cells, now often
known as “Frankenpoles” and not only reduce the cost of
street lighting, but also using innovative strategic methods
to possibly convert them into a significant revenue sources.
These fees are already detailed in the FCC order and we
intend to use every opportunity to Aspen’s advantage.
Perhaps even more importantly, rather than simply using a
“templated” or “cut and paste” approach from other cities,
we highly stress the importance of working proactively
with the carriers to develop an Aspen-specific, mutual
understanding of their needs and the city’s context sensitive
design and historic concerns. Our approach would be
to strive to work toward an innovative approach in which
partnerships, resource sharing and public involvement will
result in not only an acceptable series of regulations and
permitting procedures, but developing (if desired) a “plug
and play” approach for the carriers. In other words, by
strategically pre-selecting a variety of topographically and
technically acceptable locations for future small cell sites
and provisioning them with shared conduits containing fiber
optic cables and electrical conductors, the inevitable 5G
deployment can occur, exceeding the city’s context-sensitive
and historic requirements.
Experienced Team - We bring both a technical
perspective and a first-hand knowledge of municipal
processes. All team members have “walked in your shoes”
, having served on the staffs of Colorado cities, such
as Colorado Springs, Centennial, Littleton, Lakewood,
Boulder, Parker and Commerce City. The team we have
assembled for this project has an average career length
of 25 years, and the Principal-in-Charge is a Professional
Engineer registered in the State of Colorado, which is a
requirement of your RFP. We also have planning and land-
use experience through our work with Aurora Highlands
and Highlands Ranch, where we have helped build fiber
deployment into the developer’s design.
Project Understanding - We have comprehensive
experience on all relevant components involving small cell
design, guidelines, installations (preferred and prohibited),
FCC rulings, right-of-way (ROW) management and telecom
carrier agreements. Because we are an independent civil
engineering firm not affiliated with a carrier or product
manufacturer/distributer, we will provide an objective
deliverable that has the best interests of the City of Aspen
and your constituents in mind.
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SECTION 1 INTRODUCTION OF FIRM AND TEAM
SECTION 1: INTRODUCTION OF FIRM AND TEAM
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For over a century, municipal clients
have partnered with HR Green to deliver
innovative solutions that build communities
and improve lives .
Who We Are
Since 1913, municipal clients have been partnering
with HR Green for multi-disciplined professional
services, including planning, technical consulting,
engineering, broadband and construction services.
HR Green is one of America’s longest operating design
and construction firms, consistently ranked among
ENR’s Top 500 Design Firms in the United States.
Founded in Cedar Rapids, Iowa, the firm now employs
500+ nationwide. Our local offices in Denver and
Colorado Springs bring award-winning engineering
expertise to municipalities throughout Colorado.
What We Do
Meeting a community’s mobility and
infrastructure needs with project design,
construction, funding, innovative geometry,
environmental sensitivity, sustainability and
aesthetics.
Helping clients achieve reliable, cost-effective,
and forward-thinking solutions for potable
and process water, wastewater, and water
resources management.
Combining creativity with reliability to deliver
staff augmentation and consulting services
that include municipal engineering, building &
code, fiber & broadband, small cell 5G, Smart
Cities and program management.
Unifying engineering, surveying, construction,
land planning, and landscape architecture
consultants into a single, integrated team that
can take a project from concept to ribbon
cutting.
Bringing experienced construction
professionals to bridges, roads and highways;
storm and sanitary sewers; water distribution
systems; water treatment facilities; wells,
pumps and lift stations; and wastewater
facilities.
Your Project Leader
“We help communities
develop small cell design
guidelines that are sensitive
to local or regional identities.
For the City of Aspen, where
residents and visitors expect
a high level of service and
aesthetics, this will be a
critical goal.”
Our Capabilities in Small Cell/5G | Smart Cities | Broadband | Fiber
Small Cell Policy Development Fiber Optic-based Traffic Signal
Interconnection Telecommunications Network Design
Regional Collaboration Master Planning & Civil Engineering Project & Program Management
Operational Modeling Business Model Assessment Construction Management
Telecommunications Co-Location
Consulting Grant Writing & Administration Smart Grid Analysis
Regulatory Compliance Right-of-Way Survey & Policies Smart Grid Design & Implementation
Community Engagement Market Assessment Street Lighting Analysis & Design
ITS Design & Implementation GIS Mapping Fiber Capability Evaluation
FIBER AND BROADBAND
SECTION 1: INTRODUCTION OF FIRM AND TEAM
MIKE CONNOR, PROJECT MANAGER
HR GREEN, INC.
5619 DTC Parkway, Suite 1150, Greenwood Village, CO 80111
Phone 720.602.4999 | Email mconnor@hrgreen.com
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KEY STAFF
Project Manager
Mike Connor
Mike has more than 25 years of administrative, management, and local
government-related experience, focused on delivering diverse public
services and community development projects to municipalities in
Colorado. Mike has been involved in fiber and broadband initiatives in
numerous juristictions throughout Colorado.
He has served as Assistant City Manager and Deputy Director of Public
Works. With his significant public sector experience, Mike ensures that
the municipality’s best interests are top-most during decision making.
Lighting Design
Engineering
Steve Junod, PE
Steve has nearly 30 years
of electrical engineering
experience, with extensive
experience designing
aesthetically-sensitive street
lights and traffic signals. He
is a clear communicator who
helps other team members
understand the electrical
implications of their design
decisions, thus producing a
more integrated, cohesive
design that also is aligned
with the project objectives.
Principal-In-Charge
Dave Zelenok, PE
Dave is internationally known for his
knowledge of emerging Smart City
technologies and has spoken on the
impacts of small cells on communities,
including an April 2918 keynote
speaking engagement in Aspen’s
Center for Environmental Studies
(ACES) kicking off the Downtown
Colorado Inc (DCI) annual conference.
Community Technology &
Public Policy
Ken Price, CGCIO
Ken brings expertise in
planning and implementing
both short-term and
long-term strategies of
digital systems including
information technology,
Geographic Information
Systems (GIS), networks, and
telecommunications. He led
Littleton’s Small Cell Program,
collaborating with Community
Development, Public Works,
the City Attorney’s Office, and
multiple cellphone service
providers. He has developed
small cell design guidelines
for cities nationwide.
Municipal Broadband
Guidelines
Ken Demlow
Ken brings over 20 years
of experience in the
industry, from working in
field construction installing
fiber, to Google and Verizon
projects, and several FTTH
projects. He is nationally
known for his industry
knowledge of Smart Meters
and Smart Grid. Ken works
directly with clients to
assess existing fiber and
broadband circumstances,
develop broadband visions
and strategies, and
assess financial costs and
feasibility.
SECTION 1: INTRODUCTION OF FIRM AND TEAM
Senior Project Engineer
John Merritt, PE
John brings over 45 years of
experience in the industry. He
has expertise in street lighting
and telecommunications,
fiber optic systems, review,
transportation and traffic
engineering.While working
for the City of Centennial,
John worked collaboratively
with Arapahoe County to
guarantee both agencies
benefited from fiber and
conduit installations,
developing a fiber and
conduit integrated,
comprehensive system.
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PROJECT TEAM EXPERIENCE MATRIX
Years of ExperienceFront Line Municipal ExperienceEXPERIENCE WITH SCOPE PROJECT
TYPES
Project / Program ManagementSmall Cell RegulationsLighting Design Engineering Municipal Policy MakingApplication & Permitting ProcessesDOT ExperienceColocationElectrical Meter PlacementMunicipal Design & IdentityCommercial / Residential Zoning & CodesHistoric Districts / Designated PropertiesUtility CoordinationROW RequirementsPresentations & Community EngagementStreets & NeighborhoodsSmall Cell / 5G / Broadband / FiberUtilitiesMike Connor 25+n n n n n n n n n n n n n n n n
Dave Zelenok, PE 25+n n n n n n n n n n n n n
Steve Junod, PE 30+n n n n n n n n n n n n
Ken Demlow 20+n n n n n n n n n n n
Ken Price, CGCIO 20+n n n n n n n n n n
John Merritt, PE 45+n n n n n n n n n n n n n n n n
SECTION 1: INTRODUCTION OF FIRM AND TEAM
These HR Green staff have completed small cell design guideline projects for 5 Colorado municipalities in April 2019 alone.
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MIKE CONNOR
Project Manager
Education:
MBA, Business Administration
BS, Environmental
Engineering
Mike brings 25+ years of administrative, management,
and local government-related experience, focused on
delivering diverse public services and transportation
projects to municipalities in Colorado, including
Superior, Commerce City, Lakewood, Thornton,
Centennial, Lakewood, and El Paso County.
Mike has been Project Manager for five area/regional
traffic improvement projects and has served as
Assistant City Manager, Deputy Director of Public
Works.
Mike was a community planner (acting and assistant
planning director) at the Town of Parker during a period
of rapid growth where he facilitated the processing of
development applications of every type, scale and scope
including annexations, rezonings, subdivisions, and site
plans.
SELECT EXPERIENCE
ZZSmall Cell Design Standards | City of Thornton -
The City asked HR Green to develop interim small
cell design standards that addressed aesthetic and
spacing requirements for small cell installations in
the public right-of-way, within conformance to the
FCC ruling.
ZZPublic Works Department Assessment | Town
of Breckenridge - In tandem with an operations
assessment of the Public Works Department, The
Town engaged HR Green to conduct a Broadband
Vision Study. HR Green gathered and studied the
Town’s community fiber assets and needs. The
scope included assessing the community’s current
broadband availability, network assets, business
models and financing/funding options to formulate
a direction for the Town’s broadband future.
Affiliations:
American Planning Association
DAVE ZELENOK, PE
Principal-in-Charge
Education:
MS, Engineering
BS, Civil Engineering
Dave brings 25+ years of municipal management and
engineering experience in Colorado, having served as
City Engineer, Public Works Director, Transportation
Director, Chief Innovation Officer, and Interim City
Manager. Dave focuses on innovative service delivery
methods and emerging technologies for small cells,
fiber-optic based telecommunications, converting street
lighting from a cost item to a municipal revenue source
as well as coordinating related civil engineering, transit,
& transportation engineering, public works operations,
and maintenance services.
He has played a key role in forming regional coalitions
and integrating small cell strategies, fiber-optic based
municipal broadband deployments, ITS, traffic, street
lights, communication systems and broadband to reduce
congestion, enhance mobility, generate sustainable
revenue streams, and improve operational efficiency.
SELECT EXPERIENCE
ZZSmart City/Broadband/Fiber Assessment / Small
Cell Deployment - Dave worked on initiatives for
a number of agencies including Colorado cities of
Breckenridge, Beaver Creek (Bachelor Gulch MD),
Black Hawk, Greenwood Village, Superior, Buena
Vista, Fountain, El Paso County, Highlands Ranch/
Douglas County, Woodland Park, Bayfield and
Manitou Springs as well as the resort community of
Laguna Beach CA.
ZZMunicipal Broadband/Fiber Management - City
of Centennial - As Director of Public Works/Chief
Innovation Officer, Dave planned and oversaw
the technical design of a fiber optic and wireless
network supporting the City and the Denver Tech
center area. He was also responsible for outreach,
planning and education efforts with future
broadhbnd users and coordinated extensively
with Douglas and Araphahoe Counties on regional
initiatives.
Registration:
PE/Colorado - 19877
SECTION 1: INTRODUCTION OF FIRM AND TEAM
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STEVE JUNOD, PE
Lighting Design Engineer
Education:
BS, Electrical Engineering
Steve’s 30+ years of design engineering experience
includes electrical power distribution, standby power
systems and motor control using variable frequency
drives and soft-start techniques. He has designed
process controls including SCADA systems, information
networks, telemetry, programmable logic controllers
and process instrumentation. He specializes in roadway
lighting design including photometric analysis for all
classifications of streets and highways. Steve has
performed energy efficient retrofit studies and has
designed retrofit implementations utilizing LED lighting
technology enabling clients to significantly save on
energy costs. Steve is a clear communicator who
helps other team members to understand the electrical
implications of their design decisions, thus producing a
more integrated, cohesive design.
SELECT EXPERIENCE
ZZTraffic Signal and Street Lighting Design,
Various Cities Nationwide - Steve has been
Lighting Design Engineer responsible for
performing photometric analysis and electrical
power distribution, photometrics, and lighting
control systems design for municipal and DOT
projects. Project lighting design included the
determination and layout of tower, mast heads,
and roadway lighting, including aesthetic lighting at
key areas along roadways. The ITS infrastructure
design included the layout of conduit, fiber optic
cable, pole structures, and electrical power for the
Registrations:
PE/IA - 13829; PE/IL - 062-065800: PE/MN -
25307; PE/NE - E-8852; PE/SD - 6540; PE/TX
- 110487
SECTION 1: INTRODUCTION OF FIRM AND TEAM
KEN DEMLOW
Municipal Broadband
Guidelines Advisor
Education:
BA, American Studies
Ken brings 20+ years of experience in the industry,
from working in field construction installing fiber, to
Google and Verizon projects, and several Fiber-to-the-
Home (FTTH) projects. He is nationally known for his
industry knowledge of Smart Meters and Smart Grid.
SELECT EXPERIENCE
ZZBroadband Strategic Plan | El Paso County -
Project work in the County has been focused on
creating a Strategic Plan that will drive economic
development by identifying the most crucial needs
and then creating policies that would drive fiber
penetration deeply into the area while facilitating
private sector investment. Ken has helped the
County analyze options by preparing a report
spotlighting ways to finance fiber projects (either
County-owned or with a private partner).
ZZBroadband Strategic Plan | Town of Eagle/
Town of Gypsum/Eagle County - As these
municipalities were considering participation
in Project Thor, a middle mile broadband fiber
network providing a redundant internet ring to
northwestern Colorado, Ken has been leading an
HR Green team conducing research for a network
plan that explored the technical and economic
viability of utilizing Project Thor or other state-of-
the-art technologies. Network plans evaluated a
community anchor strategy, a last mile strategy
and a deployment plan.
ZZSmall Cell Policy Deployment | Clive, Coralville,
Custer County, Grimes, Johnston (IA) - HR
Green is guiding municipalities as they establish
standards of design, construction and installation
of antenna and street pedestals (location, spacing,
color, height, decorative requirements, aesthetics,
view preservation, streetscape and infrastructure
density) relating to small cell and 5G wireless
infrastructure.
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KEN PRICE, CGCIO
Community Technology &
Public Policy Advisor
Education:
MS, Computer Information
Systems
BS, Computer Information
Systems
Ken brings 20+ years expertise in planning and
implementing both short-term and long-term strategies,
work plans, budgets, and projects that provide for
the planned, orderly, business justified, and cost-
effective development, installation and operation of
digital systems including information technology,
Geographic Information Systems (GIS), networks, and
telecommunications technologies.
Ken has worked on small cell initiatives for a number of
agencies including Colorado cities of Greenwood Village,
Fountain, El Paso County, Highlands Ranch/Douglas
County, Eagle, Gypsum, Woodland Park, and Bayfield as
well as the resort community of Laguna Beach CA and
numerous Iowa cities.
SELECT EXPERIENCE
Z Small Cell Program | City of Littleton (CO) -
Information Services Director Responsibilities
included working with Community Development,
Public Works, the City Attorney’s Office, and
multiple cellphone service providers to create a
Small Cell Program Master License Agreement
(MLA) for each provider, and a comprehensive
documented / streamlined drawing approval
process to provide small cells within Littleton.
He also worked with Community Development,
Public Works, the City Attorney’s Office, and City
Council to revise city code regarding wireless
communication facilities (WCFs) to allow the city
to better manage and regulate WCFs including
smart cell facilities. Ken also developed and led
the ongoing implementation of the organization’s
fiber-optic master plan and Smart City strategy
that focuses on smart transportation, smart digital
infrastructure, citizen engagement, smart and big
data, data visualization, and leadership and vision.
He led Littleton through a digital transformation to
become a Smart City, by developing a Digital City
strategy, and became a founding member of the
Colorado Smart Cities Alliance.
INTRODUCING THE FIRM & THE TEAM
JOHN MERRITT, PE
Senior Project Engineer
Education:
MS, Transportation
Engineering
BS, Transportation
Engineering
John brings 45+ years of diverse engineering
experience, including fiber optic systems, review,
transportation and traffic engineering. He has served as
Traffic Engineer to the Cities of Centennial and Boulder
and the Town of Superior, Principal Traffic Engineer
to the City of Colorado Springs, and Transportation
Administrator and Engineer to the City of Lakewood. He
has expertise in street lighting and telecommunications,
such as the installation of a 350 mile fiber optic system,
the development of a right-of way colocation permit
system requiring telecommunication companies to
install City conduit at the time of their bore work, and
led negotiation efforts for the takeover of the Colorado
Springs’ street light system. While working for the
City of Centennial, John worked collaboratively with
Arapahoe County to guarantee both agencies benefited
from fiber and conduit installations, developing a fiber
and conduit integrated, comprehensive system.
SELECT EXPERIENCE
Z Smart City / Broadband / Fiber Assessment
and Deployment, Various CO Jurisdictions
Technology/IT Analysis Task Leader for Smart
City/Broadband/Fiber Assessment (Breckenridge,
Fountain, and El Paso County) and Staff
Augmentation Engineer for Fiber Deployment
(Manitou Springs Urban Renewal Authority).
Z Small Cell Experience John was instrumental in
the development of the Thornton Small Cell design
guidelines as well as technical analysis for the
Greenwood Village streetlight project.
Z Traffic Engineering, City of Louisville and Town
of Superior, CO. Over the past two years John has
been spearheading a regional traffic signal master
system connecting Louisville and Superior.
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SECTION 2 QUALIFICATIONS & EXPERIENCE
SECTION 2: QUALIFICATIONS & EXPERIENCE
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Small Cell 5G | Broadband | Fiber Experience Matrix
ASSESSMENTS PLANNING & PROGRAM
MANAGEMENT
DESIGN &
IMPLEMENTATION
COLORADO
AGENCY CLIENTS
Broadband / Fiber / Small Cell 5GTechnology NeedsRegulatoryWirelessMarket / FinancialProject / Program ManagementInfrastructure InventoryBusiness ModelingCommunity EngagementMaster PlanningPublic Policy DevelopmentWireless AssessmentGrant Writing / Funding SourcingUtility CoordinationGIS MappingPermit CoordinationDesignConstruction ManagementTown of Buena Vista l l l l l l l l l l l l l
El Paso County l l l l l l l l l l l l l l l l l
Delta-Montrose Electric
Association (DMEA)*l l l l l l l l l l l l l l l l l l
Mountain Parks Electric,
Inc.*l l l l l l l l l l l l l l
City of Fountain l l l l l l l l l l
City of Centennial*l l l l l l l l l l l l l l l
City of Manitou Springs l l l l l l l l l l
Aurora Highlands*l l l l l l l l l l l l l l
City of Thornton l l l l l l l
Town of Breckenridge l l l l l l l l
Town of Superior l l l l l l l l l l l
Arapahoe County l l l l l
Community of Highlands
Ranch l l l l
City of Greenwood Village l l l l l l l l l l
County of Eagle l l l l l l l l l l l
Town of Eagle l l l l l l l l l l l
Town of Gypsum l l l l l l l l l l l
Town of Bayfield l l l l l l l l l l l
* Indicates projects $1 Million and above
EXPERIENCE WITH SIMILAR PROJECTS
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THE ISSUES: The City Thornton was seeking interim small cell design standards that would
guide aesthetic and spacing requirements for small cell installations in public right-of-way
(ROW). In particular, they wanted standards that were objective, clearly defined and in
compliance with the FCC small cell ruling issued in September of 2018.
The standards were to cover requirements for design, construction and installation of small
cell antennas, poles, cabinets and pedestals, including:
•Location and spacing
•Color
•Height
•Concealment and camouflage
•Decorative poles
•Colocation
•View preservation
•Compatibility with zoning or special interest areas
•Existing infrastructure density
THE SOLUTION: In conjunction with the City’s Traffic Engineering and Operations Division,
HR Green reviewed the City’s existing small cell standards and determined any revisions,
additions or deletions necessary to maintain aesthetics while achieving compliance. Tasks
included:
•Reviewing the City’s current small cell permitting process
•Reviewing the City’s zoning code to understand design characteristics for each zone
•Reviewing the City’s franchise agreements with Xcel Energy and United Power and their
current small cell guidelines
•Reviewing the City’s ROW management, zoning districts and wireless telecom codes
•Reviewing existing small cell ROW agreements between Thornton and telecom providers
THE OUTCOME: HR Green prepared an interim small cell standards manual that was
integrated with the City’s current permit review process, along with clearly defined goal
statements for aesthetic and spacing requirements for small cell installations.
SIMILAR FEATURES
▪Small cell guidelines
▪Application and permitting
process
▪ROW management
▪Design characteristics for
each City zone
▪Review of utility and
telecom franchise
agreements
▪Technical and aesthetic
specifications
TEAM INVOLVEMENT
▪Dave Zelenok, PE
▪Ken Price, CGCIO
▪Mike Connor
▪John Merritt, PE
REFERENCE
Darrell Alston, PE, PTOE
Traffic Engineer
City of Thornton
darrell.alston@cityofthornton.net
303.538.7200
SMALL CELL DESIGN STANDARDS
City of Thornton, Colorado
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THE CHALLENGE: Like many communities, the citizens in Highlands Ranch Metropolitan
District (HRMD), which is located in Douglas County, Colorado, are asking about the
potential for improvements in high speed internet connectivity which may include fiber,
5G, broadband, cable, cellular, and small cell distribution systems.
The District is aware that some cell carriers have entered into Master License Agreements
with Xcel Engergy for small cells and that they have agreements with some cities in the
Denver Metro area and perhaps Douglas County. Some carriers have approached Douglas
County to work out agreements or arrangements to expand their systems, but the County
is looking to the District for some advice or perhaps partnerships on these.
As a Special District, HRMD has a unique position in the cell tower debate. At play are the
right of way strips of land that telecommunications carriers want for their towers. Since
HRMD is not a town, city or county, they don’t own the rights to their public right of way
(which fall under the jurisdiction of Douglas County). Yet the wording of recent legislation
offered opportunities of dispute for Special Districts. HRMD contacted HR Green for
clarity.
SOLUTION: HR Green developed a 20-page primer on small cell 5G technology with
examples of action by nearby municipalities and recommendations for next steps. Our
team then provided an easy-to-understand explanation of the federal ruling by the FCC
and the Small Cell Law enacted by Colorado so that HRMD would better understand
their position. Although carriers have submitted multiple permit requests to site small
cells within HRMD boundaries, the district has delayed any activity until guidelines are
developed.
SIMILAR FEATURES
▪Small Cell Guidelines
▪Historical Considerations
▪Review of Utility
Agreements
▪FCC Shot Clock Orders
▪Colocation Considerations
▪Above Ground Aesthetics
▪Underground ROW
Requirements
▪Policy Recommendations
▪Permit Processing
Recommendations
TEAM INVOLVEMENT
▪Dave Zelenok, PE
▪John Merritt, PE
▪Ken Price, CGCIO
REFERENCE
Forrest Dykstra
Director of Public Works
Highlands Ranch Metropolitan
District
303.791.0430, ext. 4925
fdykstra@forrestranch.org
SMALL CELL DESIGN GUIDELINES
Highlands Ranch Metropolitan District, Colorado
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THE ISSUES: Tourists have been overwhelming the community, straining its ability to provide
adequate Public Works services including parking, traffic congestion, snow removal and
telecommunications. While increased visitation to the Town was a positive outcome, it also
brought challenges. Their questions:
ZZHow could Smart City concepts enhance economic development, traffic flow, and
pedestrian and bicycle safety?
ZZHow could a technology plan mesh with the community’s “Breck Forward” initiative?
THE SOLUTION: HR Green was retained to review the Town’s Public Works operations
and create a technology plan for the Town. Our team proposed five key technology solutions
that would not only advance their fiber but their broader community objectives. Based on
the Town’s “Breck Forward” initiative to keep the town moving, HR Green identified current
trends and challenges, focusing largely on Public Works now and in the future. The team has
made recommendations for the implementation of state-of-the-art Smart City technology
applications including a fresh look at small cell and telecommunications infrastructure.
THE RESULTS: Utilizing results from HR Green, the Town has adopted dozens of initiatives
and is now deploying a fiber topic system to every home in town using a combination of
infrastructure elements including wi-fi and small cells, and is establishing new economic
development-focused programs to manage parking, increase transit services, expand
affordable housing options, enhance traffic flow and provide improved pedestrian-friendly
environments.
TEAM INVOLVEMENT
▪Dave Zelenok, PE
▪John Merritt, PE
▪Mike Connor
REFERENCE
James Phelps
Director of Public Works
Town of Breckenridge
970.453.3131
jamesp@townofbreckenridge.com
SMART CITY TECHNOLOGY ASSESSMENT
Town of Breckenridge, Colorado
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THE ISSUES: The City of Greenwood Village sought to revise its management of small cells
and engaged HR Green to develop an assessment about the costs, benefits and alternatives
related to improving the ownership and management of the 700+ Xcel Energy streetlights
within City limits. Of interest was the goal of reducing the energy component of a typical
streetlighting bill to 10% of the total cost of a municipal street light system. More importantly,
HR Green advised the City to coordinate its management of small cell deployments with
ownership of its street lighting in a comprehensive analysis
For consideration:
ZZCould the City rethink its management of small cells, public illumination and
“municipalize” its streetlights in order to reduce costs and position itself for
emerging technologies?
ZZShould the City repurpose its underground conduits, using them for new small cells,
electrical conductors, telecommunications and/or extending fiber optic networks?
THE SOLUTION: HR Green conducted a multi-phase approach. The first step was to collect
various data points such as billing invoices, then review streetlight inventories, attributes and
locations, and re-examine how monthly bills are derived. The second step was to conduct
an analysis of the possibility of municipalizing the City’s existing streetlighting infrastructure
based on the collected data, analysis of costs and expected purchase price. The analysis
was accepted by Greenwood Village staff and the City Council voted to pursue the purchase
of the system. They view this step as key to their 5G strategy. Their goal is modernize the
streetlight system with a standardized small cell pole. This can only be accomplished with
the municipal ownership of the streetlight system.
TEAM INVOLVEMENT
▪Dave Zelenok, PE
▪Ken Price, CGCIO
▪John Merritt, PE
REFERENCE
John Sheldon
Deputy City Manager
City of Greenwood Village
303.486.5746
jsheldon@greenwoodvillage.com
STREETLIGHTING ASSESSMENT
City of Greenwood Village, Colorado
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THE ISSUES:
Due to the artistic and viewshed characteristics of the City, the community was very
concerned about the impacts of the FCC’s new regulations to streamline the introduction of
5G wireless technology. The City has already received over 30 applications from multiple
providers for new fiber installations that are pending final approval from the Public Works
Department, and the Community Development Department is currently processing entitlement
applications for nine small wireless facilities under the new “shot clock” federal requirements.
Based on preliminary discussions with industry representatives, staff anticipates receiving
requests for an additional nine such facilities in the near future. If comprehensive City-wide
coverage is to be provided, and given the aforementioned coverage limitations, the 5G network
would necessarily include sites within neighborhoods where presently no or few such facilities
are currently sited. While these new small cell systems are expected to greatly improve
capacity by providing more data at faster speeds, the challenge for Laguna Beach is the
aesthetic and construction impacts these new infrastructure projects will have on residents
and businesses.
THE SOLUTION:
HR Green was engaged to provide an overview of new technologies that will impact community
and telecommunications providers; an overview of some of the challenges involved in complying
with the new FCC order; and a discussion of strategies to help address these new challenges. City
Council directed city staff to create a strategy and broadband master plan for adding small cell
sites and expanding wireless infrastructure in general which HR Green will be tasked to complete
This Plan will include several components, including guidelines on how to go about processing
small cell ‘deployments, developing best practices in public policy, and reviewing how the City
can leverage existing infrastructure to facilitate small cell deployment, and will provide policies
to help further manage rights-of-way in anticipation of the deployment of 5G technology. The
Plan will also help review both long-and short-term wireless broadband infrastructure needs,
propose additional design guidelines, and evaluate a dig-once policy and co-location incentives to
help minimize the number and scale of excavations when installing fiber infrastructure in rights-
of-way. The goal of the Plan is to control where structures may be placed, how they are disguised
from view, and establish standardized aesthetic requirements in addition to the criteria recently
adopted by the City Council in its update to the Guidelines for Site Selection and Visual Impact and
Screening of Telecommunications Facilities.
TEAM INVOLVEMENT
▪Dave Zelenok, PE
▪Ken Price, CGCIO
REFERENCE
Gavin Curran
Director of Administrative
Services
City of Laguna Beach
949.497.0360
gcurran@lagunabeachcity.net
SMALL CELL CONSULTATION
City of Laguna Beach, California
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HR Green is currently assisting has assisted El Paso County with the creation of a
county-wide Broadband Strategic Plan. While Colorado Springs is well-served in one of
five commissioner districts, there are frequent complaints by residents in the County’s
unincorporated rural areas and its more rural towns and cities. Commissioners authorized the
study and the creation of a strategic plan in order to evaluate the County’s wired and wireless
infrastructure and to develop a long-term plan to address improvements in order to remain
economically competitive and viable.
The highlights of this study include a major public involvement initiative that surveyed
residents and businesses, and included outreach to Potentially Affected Institutions (PAIs)
to determine the extent of issues across this geographically and economically-diverse
county. HR Green conducted more than 80 hours of outreach with these groups to help the
commissioners develop a Vision for the County’s role in solving identified challenges.
The study was completed in nine months. The resultant Strategic Plan established the
County’s role and create a roadmap for the County to facilitate future improvements that
benefit the County and region.
RESULTS:
Cities of Manitou Springs, Woodland Park, and Green Mountain Falls are preparing to receive
5G speed broadband via wireline / wireless infrastructure.
TEAM INVOLVEMENT
▪Mike Connor
▪Ken Demlow
▪Ken Price, CGCIO
▪Dave Zelenok, PE
▪John Merritt, PE
REFERENCE
Jeff Eckhart
Chief Information Officer
El Paso County
719.520.6346
jeffeckhart@elpaso.com
COMMUNITY ENGAGEMENT | DIGITAL PARITY
El Paso County, Colorado
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SECTION 3
PROJECT APPROACH
PROJECT UNDERSTANDING
PROJECT COMPLETION
SECTION 3: PROJECT APPROACH & UNDERSTANDING
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APPROACH TO PROJECT
Project Understanding
There are a few main aspects to these regulations:
ZZLocal agencies cannot “prohibit or have the effect of
prohibiting the installation of small cell deployments”.
ZZFees must be “nondiscriminatory (competitively neutral)
and represent a reasonable approximation of the
locality’s reasonable costs”.
ZZTime allowed for review of an application AKA “shot
clock” is limited to 60 days for a small cell facility to
be mounted on an existing structure and 90 days to
review a small cell facility to be mounted on a new
structure. Local agencies must establish and publish all
standards required for an application, promptly review
the application and identify any shortcomings quickly.
ZZAesthetic regulations are permitted to the extent that
the aesthetics of other infrastructure in the rights of
way are also regulated in the municipality, objective in
nature and published in advance.
ZZAny provider may submit an application for a batch of
installations but no limit as to the maximum number of
installations is identified.
ZZWhile regulations applying to safety issues are
mentioned, there is little to no guidance provided in
this matter. If a small cell installation is proposed to
be added to a manufactured streetlight pole or other
facility that is not designed for that purpose it may
create forces on the structure that may accelerate
deterioration of the facility and void any warranty.
ZZAdditionally, the jury is still out regarding the potential
health risks associated with radiation from small cell
transmitters and what is a safe distance vertically or
horizontally from an active transmitter.
HR Green has assisted many communities in many states to
establish design guidelines for the installation of small cell
facilities. We consistently look to develop standards that are
tailored to the client’s wishes.
Scope Requirements
Background
The final document will be based upon the existing small cell
regulations that were adopted by the City of Aspen earlier
this year. HR Green will analyze the interrelationship between
Federal, State and other local regulations applicable to the
installation of small cell facilities. The final document will
summarize the various regulations and describe how the
proposed regulations comply with these regulations while
preserving the unique character that is such an integral part
of the City of Aspen.
While the City of Aspen has a unique character as a whole,
there are many subareas of Aspen such as historic locations,
the pedestrian mall and other important sites that need to
have context sensitive solutions to preserve the aesthetic
values that the community demands. Aspen’s strict height
Because we are not affiliated with
a telecom carrier or small cell
product seller, we can be completely
objective, maintaining the City’s best
interest in all decision making.
We will utilize our front line public sector
experience to put Aspen’s needs first.
Our key objective is
to give the City of
Aspen the means to
effectively deploy 5G
without impacting city
aesthetics.
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Z City of Aspen | 21
regulations will need to be considered against the FCC
requirements that local regulations cannot be so strict as
to “prohibit or have the effect of prohibiting the provision
of personal wireless services.” (pg 6, paragraph 17, FCC
18-133). HR Green will strive to find a solution to balance
the limitations from FCC 18-133 and the City’s desires to
maintain its current aesthetic values.
Any small cell facility mounted on an existing building needs
to be designed to match the building’s architectural character
so that it blends in rather than stands out.
Shot Clock
FCC 18-133 caps the municipality’s processing time to 60
or 90 days once a complete application has been submitted
depending on how it is mounted. In order to assure that the
City’s values are maintained, Aspen needs to have a clear set
of application requirements and standards that will be applied
along with highly refined processes.
The regulations need to address “any and all permits
necessary for the construction of the proposed wireless
facility”. HR Green will identify a complete table listing all
permits that may apply to any application based upon how the
small cell facility is mounted. Each of the applications must
have detailed requirements specified.
A detailed process will be established to review the
application and protect the City’s right to reject incomplete
applications within the limitations of FCC 18-133.
Design Guidelines & Requirements
Regulations focused on context sensitive solutions which
minimize visual distractions are at the center of the
desired outcome for this project. Design guidelines must
Small cell guidelines should consider the planned
restoration of the Pedestrian Mall.
be integrated with existing codes and ordinances. HR
Green will review all codes and regulations to insure any
conflicts are identified and mitigations to those conflicts
are recommended. These new design guidelines must
contribute to a clear regulatory framework for small cell
applications in the City of Aspen.
Building mounted facility – Any facility that is mounted
to a building must be done in a manner that augments the
architectural style and character of the building.
Other existing facility – HR Green will recommend that no
proposed installation should be mounted on an existing traffic
signal or streetlight unless the applicant can demonstrate
that the structure was specifically designed and intended to
accommodate the proposed small cell facility. Any supporting
equipment must be buried or screened in order to minimize
visual impact. This may require the city to separately adopt
specific standards that apply to all other infrastructure in the
public right of way to be in full compliance with FCC 18-133.
New facility - New facilities, including the replacement of
an existing facility to accommodate a small cell installation
should be limited to standard preapproved designs
which are designed to include all small cell equipment
in a comprehensive and unified design With HR Green’s
assistance the City can create a streetlight/small cell
standard pole that will enhance and complement the high
standards of the community. HR Green staff have contacts
with a number of pole manufacturers that have indicated
they would be receptive to developing pole designs that
would be unique to a community. We will engage with these
manufacturers at Aspen’s direction to investigate the potential
of a unique Aspen pole(s)
Technical details - To the extent that universal or preferred
standard details for equipment mounting, cabling and other
items can be created, HR Green will provide detailed and
annotated specifications. Some items such as mounting a
small cell facility to an existing building will vary widely based
on manufacturer, weight, base structure and materials. These
details should be provided by the applicant for review by the
building department on a case by case basis.
Lighting design - HR Green is including our highly
experienced electrical engineer Steve Junod, PE, who has
completed hundreds of outdoor lighting designs on our team.
Steve will work to develop standards which blend into the
existing standards to provide consistent lighting throughout
the City.
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Hierarchy – HR Green will work with the City to develop
a hierarchy of the various installation options to guide
applicants toward the preferred alternatives which minimize
adverse impacts.
Historic Districts – Depending on the size of any historic
district, HR Green will examine the potential of restricting
installations in these areas to the extent that the restriction
would be consistent with FCC18-133 if an acceptable facility
design such as a streetlight cannot be selected.
If the City so chooses HR Green can provide the services of
Kyle Blakely, of Blakely + Company, for any support needed
in public presentations, community outreach and social media
development.
Scope of Work and Tasks
The flexible structure of HR Green’s scope of work allows the
City to either bundle various tasks or modules in a logical
manner in keeping with your current and future needs and
desires.
Summary:
Module 1 - Develop a small cell
“background document” and provide a
clear explanation of the FCC ruling and the
State law.
Task 1 Develop a “background document” on what
constitutes a small cell
Task 2 Provide a clear explanation of the rights the FCC
ruling and the State law
Value-Add Services
Having spoken to Aspen officials at the recent
MountainConnect Conference, we understand you
also have specific needs associated with the review
and processing of small cell permit applications.
Municipal policy development, implementation, plan
review, and permit processing are core services
we provide in Colorado and throughout the United
States. Our scope of work offers maximum
flexibility for a turnkey solution to small cell
deployment by offering various optional services
to meet your current and ongoing needs to future
proof your community.
Module 2 - Small Cell / 5G Consulting
Task 1 Create Maps of Existing Infrastructure
Task 2 Provider Outreach and Stakeholder Engagement
Task 3 Create and Map Priority Small Cell Locations Citywide
Task 4 Develop Design Standards and Specifications
Task 5 Public Policy Recommendations (optional)
Task 6 Develop Wireless Master Concept Plan (optional)
Task 7 Permit Processing / Approval (optional)
Task 8 Oversee Small Cell, 5G, Installation (optional)
Task 9 Staff Augmentation to assist in execution (optional)
Detail:
Module 1 - Develop a small cell
“background document” and provide a
clear explanation of the FCC ruling and the
State law.
Like many communities, the citizens in Aspen are asking
about the potential for improvements in high speed internet
connectivity which may include fiber, 5G, broadband, cable,
cellular, and small cell distribution systems. Recently, this
issue is gathering momentum, especially with publicity of
publicly funded projects by some communities in the region
as well as marketing and the City is trying to stay ahead of
the game.
The City of Aspen is aware that there is a definition of small
cell facilities relating to coverage, height and mass, and
maybe location, such as it has to remain in ROW. The City
would like a small cell ““background document “ so they can
be better informed about small cells.
The City is also aware that the FCC has granted certain rights
to carriers for small cell facilities as it relates to zoning and
approval timeframes. The City would like a clear explanation
of the FCC rules and Colorado state law.
To complete this task, the HR Green will:
ZZDevelop a “background document” on what
constitutes a small cell that includes a definition of
small cell facilities relating to coverage, height and
mass and any requirements for location, such as it
has to remain in the ROW.102
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ZZProvide a clear explanation of the rights the FCC
and the State have granted to carriers for small cell
facilities as it relates to zoning and approval time
frames.
Deliverables
ZZProduce “background document” document.
ZZProduce FCC ruling and State law explanation
document.
ZZMeet with City stakeholders to present both
documents.
If desired, the team will provide a Kickoff meeting, a minimum
of two “Milestone” updates and a Final meeting presenting
the study’s findings to City’s stakeholders. These updates will
include a progress report of activities to date and an overview
of the project status.
A key issue in the second Milestone meeting will be an
overview of total billable work completed to date (typically
about 75% at that point), compared to the project scope. A
discussion will be proposed to address any possible changes
in scope and/or adjustments in the contract that may needed
as a result of the findings and progress made to date.
Module 2 - Small Cell / 5G Consulting
Task 1 – Create Maps of Existing Infrastructure
HR Green has robust internal GIS capabilities. Our GIS
platform is intended not only to visually demonstrate current
information, but also to provide project costing information.
This gives you the ability to do near-real-time “what if”
modeling, a key for fluid evaluations like this one.
The HR Green team will work with the City of Aspen to
identify current City, regional and (where available by
providers) private sector small cell, 5G, and fiber deployment;
traffic signal and street light placement; and municipal assets
and their applicable characteristics that can be placed in
geospatial layers to help inventory your assets and more
effectively manage public rights-of-way and your tracks.
In some cases, carriers may be reluctant to openly share
the attributes of their fiber optic network (e.g., location,
strand count, network diagrams, etc.) so our efforts may
be limited by their willingness to share information and, in
some cases, require a Non-Disclosure Agreement in order to
facilitate their involvement. In that regard, we may require
the involvement of City legal counsel and staff to acquire
and develop the database needed to complete our study and
recommendations.
Deliverable:
ZZGIS database and maps of existing infrastructure
Task 2 – Provider Outreach and Stakeholder
Engagement
To leverage the City’s negotiation on small cell policies
and placement, it is critical to promote buy-in from key
stakeholders, especially telecommunication providers.
HR Green will meet with a representative from the
following stakeholders, including, but not limited to: Holy
Cross Energy, Verizon, AT&T, Sprint, T-Mobile, incumbent
broadband providers, neighboring communities, key
internal City staff, and regional emergency agencies.
Having recently worked for Eagle County, Gypsum, and
the Town of Eagle, we are very well acquainted with Holy
Cross Energy. Since they are not a client, we anticipate
no conflicts of interest in serving Aspen to the fullest
extent.
The various goals include identifying design expectations,
evaluating carrier willingness to support incentive
programs, collaborating with neighboring communities
and regional entities, and identifying opportunities to
restructure and streamline the City’s public policies and
permitting system.
Meetings will gather input on proposed specifications
and determine the interest of providers to participate in
the deployment of small cell/5G within the City. Staff
will share proposed specifications with providers and
seek input on proposed standards/specifications, permit
processes, and deployment methods.
Note: HR Green assumes one meeting with each of the
telecommunication carriers and one public meeting
(would be facilitated by our community engagement
consultant).
Deliverables:
ZZAgenda, meeting minutes, notes, and
correspondence
ZZIdentification of levels of need from major providers
ZZCreation of agreements in principal regarding cost
and deployment methods.
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Task 3 – Create and Map Priority Small Cell
Locations Citywide
HR Green will do a site reconnaissance, assess existing
City-owned infrastructure assets (including street lights,
traffic signals, poles, and other City structures), engage
in conceptual site optimization, and prioritize a list of
possible small cell locations.
Deliverables:
ZZConceptualize potential small cell locations for
Citywide coverage
ZZGraphics illustrating enhancements to a possible
City-owned fiber optic “ring” for possible shared and
dedicated use by the public and private sectors
ZZConceptualize route maps to create future
telecommunications small cell coverage aligned with
future transportation and land use planning
Task 4 – Develop Design Standards and
Specifications
HR Green will assist in creating Design Standards and
a Specification Manual for the City that establishes
standards of design, construction and installation of
Pole Design With coordination with COA staff, Identify
and recommend preferred pole style(s). Provide a
minimum of 3 designs (neutral host, light, no light) and
appropriate diagrams and details (including mounts and
foundations). Include images of existing street lighting
standards for comparison of mass, scale, and general
review. Include a pole base design that can accommodate
an electric meter and disconnect.
Pole Caisson A professional engineer will design at
minimum 3 concrete caissons associated with item “Pole
Design” (neutral host, light, no light) for use in the City
of Aspen and CDOT ROW. Designs shall be compliant
with the latest CDOT specifications and COA Engineering
Standards may be applicable.
Concealment and Color Schemes Collaborate with City
staff to determine appropriate language and diagrams for
stealth and color schemes. Pole based structures must
match the color and sheen of the existing COA street light
standard. Provide other options for accepted concealment.
Equipment mounting/attachment Include detailed
language and diagrams/photos for attaching to existing
poles/building.
Equipment/Components/Cabling/Cabling Trays include
a standard detail of the typical cabling and junction
boxes that reside in close proximity to the small cell pole
installation
Landscaping/Trees relationship of facilities to COA
landscaping requirements and tree regulations
Colocation including unified design solutions when
multiple carriers are present
Lighting Design proposed small cell poles with lighting
standards to mimic the existing City of Aspen street
lighting standard. When small cells are proposed for
placement in the Aspen Pedestrian Mall, a modified
version of the street light standard to blend with mall
installation will be considered.
Location/Detailing of Electrical Meter Placement
COA is considering allowing for unmetered use of these
facilities. HR Green is well-acquainted with Holy Cross
Energy staff which will streamline collaboration on the
topic.
Height limits defined for both attached and standalone
facilities – in coordination with Aspen’s Land Use Code
and any federal or state regulations that may supersede.
Placement Requirements for Attached and Standalone
Facilities Including but not limited to spacing radius,
location in public right-of-way, and location on private
property.
Other Design Considerations Items such as fencing,
screening, noise, lighting, setbacks, preservation of view
corridors.
Preferred Designs/Installations in Aspen
Hierarchy of Placement
HR Green will provide an explanation and depiction of
standard detail(s) for a Community-minded hierarchy of
preferred facility placement. Examples include: on rooftop,
side of building, on the ground, in City right-of-way, neutral
hosting in City right-of-way.
Historic Districts and Designated Properties
HR Green will work with City Community Development
Department to include appropriate language and diagrams
related to historic preservation efforts and the relation to
federal regulation.
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Designs That Do Not Comply in Aspen
Identify facility types and applications that will not be allowed
in Aspen.
Technical Specifications
Engineering Details Providing language/diagrams that are
consistent with existing City of Aspen Engineering Design
Standards.
Utility Services Working with the local service providers
(including but not limited to City of Aspen, Holy Cross,
CenturyLink, Comcast), to determine preferred design
considerations including: number of conduits, underground
layout, appropriate separations, meter locations, mounting,
handholds, equipment cabinets, equipment that can be
located in City data center(s), etc.
Specifications will outline features such as location (depth
and alignment), antenna, pole, mast arm, luminaire, duct
bank construction, equipment cabinet, conduit, trenching,
foundation, spacers, backfill and inspection requirements.
This specification manual will be developed in conjunction
with the City Engineering Department, and include drafting
and revisions to create a final document. Since it is
impossible to predict the reaction of affected carriers to the
City’s proposed changes, we will meet with the potentially
affected interest groups and deliver a final draft for the
City’s consideration. Although we have never encountered a
protracted, legal dispute with the carriers over the adoption
of proposed restrictions to, and City involvement in their
activities; should one arise, we may need an adjustment in
scope to accommodate such an extraordinary situation.
Deliverables:
ZZSmall cell infrastructure design guidelines as outlined
in the RFP
ZZSpecification manual as outlined in the RFP
Task 5 – Public Policy Recommendations (optional)
The City of Aspen has the ability to make key public policy
decisions that can protect its interests while incentivizing
deployment within preferred public right-of-way locations;
expedite the small cell application review and approval
process that incorporates aesthetics, colocation, view
preservation, and incentives; and establish permit fees for
small cell deployments. We will evaluate the City’s current
policies and help to determine how we can further the City’s
goals via changes to public policy designed to achieve smart,
timely, and successful deployment of small cell and 5G
facilities and services.
ZZTo illustrate, the kinds of programs which are
inter-related that should be developed concurrently
include:
ZZJoint-Build initiatives with the private sector
ZZPiggybacking and dig-once ordinances enacted by
the City Council
ZZIncentives to discourage utility open trenching, and
to encourage co-location, aesthetic considerations,
and deployment in City-designated locations and
considerations
ZZUndergrounding of appurtenant structures to
preserve views, enhance safety, minimize impact
on pedestrian circulation in key areas and mitigate
impacts to the public rights-of-way
ZZRequired co-locations for carriers and specifications
for new developers
ZZExploring street cut and pavement degradation fee
exemptions and other complementary initiatives
Revenue Recovery
Communities are frequently asked to leverage staff,
equipment and time in order to support contractors who
are implementing projects for private projects. In most
cases, support for these “cost causers” is provided without
recovering the costs being incurred by the community.
Our revenue recovery package will develop Policies and
supporting processes related to these projects, and integrate
these policies into existing City codes and ordinances, in
order to create a new revenue stream for COA.
Deliverables:
ZZPavement degradation policy
ZZStreet cut fee policy
ZZTraffic control policy
ZZMeeting/Public input (two public meetings, two staff
meetings, one City Council meeting)
Co-Location
Communities who seek to develop advanced communications
infrastructure have a unique opportunity to deploy assets at a
fraction of the cost of overbuilding individually. By developing
a co-location policy and standards, the community can
require builders with open trenches and boring projects to
deploy conduit and/or fiber on behalf of the community. 105
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Deliverables:
ZZConduit/Fiber/Small cell colocation policy
ZZCreate Draft Ordinance language for review by Legal
Counsel and adoption
ZZMeeting/Public Input (Two staff meetings, including
one presentation “dry run” and one Council meeting
with presentation)
Task 6 – Develop Wireless Master Concept Plan
(optional)
HR Green will develop a draft Wireless Master Concept Plan
for the City to review and consider. This plan will take into
account our finds and conclusions from tasks 1-4.
Deliverables:
ZZWireless Master Concept Plan (carrier neutral) in
which key, possibly incentivized locations for future
CMRS and public sector antennas may be preserved
within the City. This effort will include conceptual
locations, but will not include precise siting, right-of-
way work, public process or engineering needed to
begin construction of these facilities.
ZZDraft report
Task 7 – Permit Processing / Approval (Optional - Hourly
Basis)
HR Green will develop a streamlined process for the review
and approval of small cell and 5G in the City. This will include
establishing a streamlined process, updating application
forms, checklists, tracking logs, and other documentation;
and proactively coordinating with applicants, carriers,
and utilities. HR Green has been an industry leader in
developing a paperless process for the review, approval, and
installation of facilities and infrastructure construction. This
is increasingly becoming the preferred collaborative and
transactional method by utilities, permittees, developers, and
local jurisdictions, and may be a key consideration given the
new FCC Order limiting the review/approval time. Should
the City desire to leverage this option, we can establish the
framework and provide staff to implement paperless protocols
and solutions. This could include, but not be limited to
electronic plan review, leveraging an automated permitting
system, and staff support (plan reviewers, permit counter
technicians, etc.).
Deliverables:
ZZPermit Application Forms
ZZPlan Review Checklists
ZZPlan Review Comments
ZZTracking Logs
Task 8 – Small Cell and 5G Installation Support (Optional
- Hourly Basis)
As needed, HR Green will create final specifications to be
integrated into planned small cell and 5G deployment. HR
Green’s team will be available to coordinate and answers
questions from carriers as needed on communication
infrastructure on behalf of the City.
Deliverable:
ZZFinal specifications
Task 9 – Staff Augmentation (Optional - Hourly Basis)
As needed, HR Green can help you manage your small
cell and 5G program from a municipal management, code
compliance, engineering, public works, and construction
management/inspection perspective. Our experienced
staff includes City Managers, Public Works Directors,
City Engineers, Economic Development Directors, Traffic
Engineers, Utility Managers, Planning Directors, Chief
Building Officials, and certified specialists. Our professionals
have successfully implemented the policy framework,
supporting programs, and hands-on management to make
better decisions, enhance workflow processes, optimize the
integration and interconnection of your infrastructure assets,
and execute infrastructure asset, fiber optic, and broadband
initiatives.
Deliverable:
ZZSupport installation to be determined
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Schedule
Due Date Task Team
8/1/19 Kickoff Meeting City Stakeholders, HR Green Team
8/1/19 Module 1 – Task 1: Begin work on Small Cell/5G
Background Document
HR Green Team
8/6/19 Module 1 – Task 1: Complete work Small Cell/5G
Background Document
HR Green Team
8/7/19 Module 1 – Task 2: Begin work on a clear
explanation of the FCC small cell rules and state law
HR Green Team
8/9/19 Module 1 – Task 2: Complete work on a clear
explanation of the FCC small cell rules and state law
HR Green Team
8/12/19 Module 1: If requested, meet with City stakeholders
to present documents from Task 1 and 2.
City Stakeholders, HR Green Team
8/12/19 Module 2- Task 1: Begin the creation of maps of
existing infrastructure
City GIS Staff, HR Green Team
8/16/19 Module 2- Task 1: Complete the creation of maps of
existing infrastructure
HR Green Team
8/19/19 Module 2 - Task 2: Begin the provider outreach and
stakeholder engagement
City Stakeholders, HR Green Team,
Providers, Community Partners, etc.
8/23/19 Module 2 - Task 2: Complete the provider outreach
and stakeholder engagement
HR Green Team
8/26/19 Module 2 - Task 3: Begin the creation and mapping
of the priority small sell locations citywide
HR Green Team
8/30/19 Module 2 - Task 3: Complete the creation and
mapping of the priority small sell locations citywide
HR Green Team
9/2/19 Module 2 - Task 4: Begin the development of the
design standards and specifications
HR Green Team
9/27/19 Module 2 - Task 4: Complete the development of the
design standards and specifications
HR Green Team
9/30/19 Module 2: present the design standards and
specifications
City Stakeholders, HR Green Team
With a core group of nationally recognized small cell thought leaders responsible for the recent development and
implementation of small cell design guidelines throughout the country, HR Green has the staff capacity for completing
your project in a timely and cost-effective manner. We have nimbly supported the multi-faceted needs of public
agencies related to small cell deployment in Colorado and around the U.S. We will commit the individuals shown on
the organization chart to the City of Aspen to the maximum extent required to meet your performance and schedule
objectives.
Staff Capacity
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SECTION 4 FEE PROPOSAL AND SCHEDULE
SECTION 4: FEE PROPOSAL & SCHEDULE
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Design Guidelines for Small Cell Infrastructure
Z City of Aspen | 29SECTION 4: FEE PROPOSAL & SCHEDULE
FEE PROPOSAL AND SCHEDULE
Task Fee
Task 1 – Develop a “background document” on what constitutes a small cell $3,000
Task 2 – Provide a clear explanation of the rights the FCC ruling and the State law $2,000
Task Fee
Task 1 – Create Maps of Existing Infrastructure $1,500
Task 2 – Provider Outreach and Stakeholder Engagement $7,000
Task 3 – Create and Map Priority Small Cell Locations Citywide $1,500
Task 4 – Develop Design Standards and Specifications $44,000
LUMP SUM TOTAL $59,000
Expenses (not-to-exceed)$5,000
Module 1 - Develop a small cell “background document” and provide a clear explanation of the FCC ruling and the State law
Module 2 - Small Cell / 5G Consulting
OPTIONAL TASKS IN MODULE 2 (will be negotiated separately, as desired by the City on an hourly basis)
Task 5 – Public Policy Recommendations
Task 6 – Develop Wireless Master Concept Plan
Task 7 – Permit Processing / Approval
Task 8 – Small Cell 5G / Installation Support
Task 9 – Staff Augmentation to assist in execution
Hourly Rate Schedule
CLASSIFICATION HOURLY RATE
Principal-in-Charge/Program Manager $200-225
Project Manager $175-200
Senior Professional Engineer $150-185
Professional Engineer $150-175
Associate Engineer $135-160
Assistant Engineer $110-140
Administrative Assistant $ 60- 85
Note: Additional staff classifications available upon request
Professional Reimbursement and Overtime:
The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe
benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). For overtime all employees clas-
sified as “non-exempt” by the U.S. Department of Labor will be compensated at 1-1/2 times salary, as per state and Federal wage
and hour laws. Billing rates will be calculated accordingly for these overtime hours.
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Expedited Review:
Should an applicant request expedited reviews, the percentage surcharge for these expedited plan reviews will be 150% if over-
time is required.
Direct Expenses:
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus twelve and one-half
(12.5%) percent (Unless otherwise negotiated with the City) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work.
b. Subconsultants and other outside services, if needed.
c. Specific telecommunications and delivery charges.
d. Special fees, insurance, permits, and licenses applicable to the work.
e. Outside computer processing, computation, proprietary programs purchased for the work and other equipment.
f. Mileage and vehicle costs directly related to City services.
g.Travel expenses (e.g., hotel, meals, transportation, etc.)
Our hourly fees/rates shall remain effective through December 31, 2019 and may be adjusted annually thereafter as negotiated
and agreed to by the City.
110
Design Guidelines for Small Cell Infrastructure
Z City of Aspen
APPENDIX
PROPOSAL ACKNOWLEDGEMENT
PUBLIC OUTREACH CONSULTANT / BLAKELY + COMPANY
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Design Guidelines for Small Cell Infrastructure
Z City of Aspen
PROPOSAL ACKNOWLEDGEMENT
The RFP prepared June 19, 2019, is acceptable to HR Green. We acknowledge the receipt of Addendum 1 & 2. It is our
under-standing that the City will entertain amendments to the agreement upon selection. We are confident that we can
negotiate terms that are agreeable to both the City of Aspen and HR Green, Inc.
George A. Wentz, PE
Practice Leader / Governmental Services
HR Green, Inc.
112
City of Aspen
Design Guidelines for Small Cell Infrastructure
Public Outreach
OVERVIEW
Public Outreach will play a critical role in the development of the design guidelines for small cell
infrastructure in Aspen. Over time, design standards for public facilities has become a bigger issue in
almost every community, and the single biggest issue leading to after-the-fact problems is poor, or lack
of, public outreach. Add in the fact that property values in Aspen are higher than average and you have
an environment for potential conflict if the public does not feel they have participated in the process,
and been heard.
Following is an initial outline of a public outreach process to address the need for Aspen residents to be
involved in the design guideline process and provide meaningful input.
PUBLIC OUTREACH PLAN
Goals and Objectives
•A strong public outreach plan will start with the goals and objectives of the project so the
communications strategies can be developed to achieve those objectives. The suggested
strategies below might change some after the objectives are established, but these should
provide a framework for a plan outline that can be effective for this project.
Messages/Talking Points
•Develop consistent messages for City staff and project team so that regardless of the meeting or
setting, residents are getting a
Website Content
•The City’s website will be one of the key resources for residents to find information about the
project. The site should include:
o Project Overview
o Project Schedule
o Public Meeting Schedule
o Phone number for email for inquiries and questions
o Form to leave questions or comments
o Form to sign up to receive project emails
113
Social Media
•Consistent updates about the project should be distributed through they City’s social media
activities, plus we should be encouraging community partners and stakeholders to share the
posts and information whenever possible.
•We would develop six to eight posts per month for the City to use in their normal social media
program.
Email Newsletters
•Developing a good email database is important. Using lists already on hand for residents and
businesses is a good place to start, but gathering additional emails at events or through the
website is important too. After the website, this could potentially be the second most popular
way for residents to receive information about the project.
Collateral Materials
•A small brochure with information about the study will help spread the word. These can be left
at businesses around town, or can be handed out at community events. The materials should
direct people to the website for more information.
Public Relations/Media
•The public outreach efforts should include press releases and coordination with local media
about the project and public meetings.
Public Meetings
•This will also be a critical part of the public input process. Allowing residents to hear about the
project in person, plus ask questions and provide their thoughts and opinions, will help them
feel more connected to the study and process.
•For this project, we would recommend at least two community-wide meetings at the beginning
of the study, then two more after the design guidelines have been developed.
Small Group Meetings
•To supplement the larger public meetings, we recommend doing some smaller group meetings,
such as homeowners associations or neighborhood areas, and business associations (Chamber
of Commerce). We are not sure how many of these might be needed at this point, but the costs
provided here are based on doing six of these meetings at the beginning of the project.
Timeline
•The last part of the Public Outreach Plan will be a detailed timeline of when materials will be
developed and when the public meetings and small group meetings will take place.
COSTS
Public Outreach Plan Finalized $ 600.00
Website Content Development 1,000.00
Social Media Post Development (6 per month; 5 mos.) 1,500.00
Email Newsletters (3) 2,250.00 114
Collateral Materials (includes printing) 2,000.00
•Includes printing
•Small brochure
Public Relations/Media 2,500.00
•Five press releases during project
•Media follow-up included
Public Meetings (4) 6,000.00
•Preparation, facilitation and meeting summaries
Small Group Meetings (6) 4,200.00
•Preparation, facilitation and meeting summaries
•Done over a two-day period
Note: Travel expenses, would be additional.
ABOUT BLAKELY + COMPANY
Blakely + Company is a Colorado Springs-based, marketing communications and public communications
firm founded in September 2001. Over the past few years we have worked with HR Green some
Municipal telecommunications projects in Colorado, including a Broadband Strategic Plan for El Paso
County, a Broadband Feasibility Study in Buena Vista, and a Broadband Vision and Planning Study in
Bayfield. In all instances we provided public outreach media relations and public meeting facilitation,
along with the implementation of online surveys. Agency CEO, Kyle Blakely, has 33 years of experience
in communications and was the primary person working with the HR Green team on these studies.
Contact Info:
Kyle Blakely |Agency CEO
Blakely + Company
422 East Vermijo #19
Colorado Springs, CO 80903
kyle@blackelycompany.com
719.439.4890
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Z HRGREEN.COM
TRANSPORTATION
+
WATER
+
GOVERNMENTAL SERVICES
+
LAND DEVELOPMENT
+
ENVIRONMENTAL
+
CONSTRUCTION
FIBER AND BROADBAND
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Regular Meeting Aspen City Council July 22, 2019
1
SCHEDULED PUBLIC APPEARANCES – Sister Cities Award...............................................................2
CITIZEN COMMENTS...............................................................................................................................2
COUNCIL COMMENTS.............................................................................................................................3
CITY MANAGER COMMENTS................................................................................................................3
BOARD REPORTS......................................................................................................................................3
CONSENT CALENDAR.............................................................................................................................4
ORDINANCE #20, SERIES OF 2019 – 2
nd alternate member to the CCLC...............................................5
ORDINANCE #2 AND #15, Series of 2019 – Re-adoption of the updated Construction Management Plan
Requirements Manual to Title 29, Re-adoption of the Water Distribution Standards, Re-adoption of the
Engineering Standards (combination of the updated Design Standards and the updated Excavation and
Construction Standards); and other amendments to Title 21 and Title 29....................................................5
ORDINANCE #17, SERIES OF 2019 – 730 E Cooper Avenue (Base 1 Lodge) Minor Amendment to a
Project Review..............................................................................................................................................6
ORDINANCE #16, SERIES OF 2019 – 981 King Street – Minor Subdivision Amendment to Remove
On-site Affordable Housing Unit................................................................................................................11
117
Regular Meeting Aspen City Council July 22, 2019
2
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Mesirow, Mullins,
Richards and Hauenstein present.
SCHEDULED PUBLIC APPEARANCES – Sister Cities Award
Mayor Torre said tonight we have an unscheduled public appearance. Last week there was a meeting in
Houston that Ward attended regarding Sister Cities. It was an international conference of the Sister Cities
organization. Aspen won another award. Mayor Torre asked the board members to stand and be
recognized. The award is the best overall award. Defining excellence in your program and presented to
Aspen Sister Cities. Councilman Hauenstein said my involvement tells me it takes people with
commitment, passion and time. Aspen has seven Sister Cities. It is something we can all be proud of.
CITIZEN COMMENTS
1. Ruth Harrison presented council with a bunch of issues including hope that lift 1 corridor will go
away, buy the Su Casa building and offer spaces to locals to own their own businesses, Smuggler
parking issues, Hopkins stop sign, Mill Street is not safe, Maroon Creek Road and the round
about.
2. Lee Mulcahy – gave out handouts. The APCHA guidelines that were in effect in 2015 said 60
days from date of first letter a notice of violation will be sent. The first letter was sent on July
17th. That means the notice of violation could not have gone out until September 15. It was sent
on August 25. APCHA jumped the gun. This is all based on a premature notice of violation.
3. Sandy Mulcahy said on Friday we received notice that APCHA’s attorney has requested to
appoint the transfer of title to a third party. They have the power and authority to come to our
home and say you are trespassing. I’m not leaving that home.
4. Ziska Childs said one of the first things the Wheeler board asked for from council was help for
the mission statement for the board and the directors. The board would be able to serve better
with a mission statement.
5. Peter Fornell said the new city offices are in the best interest of town. We can trust you to
develop and design a building both functional and architecturally unique. Having a centralized
environment is critical. Concerned we may be entering into a project that may contain more than
city offices need. He questions the necessity of a meeting space. 6 designated meeting spaces
belong to the city. We need to know if there is pressure on our existing spaces or not. All
meeting spaces are scheduled through the clerk’s office. Not once have I heard anyone talk about
the occupancy rate of these rooms.
6. Toni Kronberg said transportation should be one of council’s top goals. She asked if Taster’s has
a lease. Hopes lift 1 doesn’t go away. Asked about Arc funding for the fitness center and
outdoor pool.
7. Chris Bryan said he is here with the Brown family. There has been a problem with Georgia
Brown. They have a lease at the Ute City building but have been denied the opportunity to have a
store front presence in the Saturday Market there. Their entrance is blocked by another vendor.
They didn’t have a lease by the December 31 deadline. They didn’t have a lease until June. They
would like to be present at the Saturday Market. Mayor Torre asked did they go to the CCLC
meeting. Mr. Bryan replied yes. Councilwoman Mullins said I went to CCLC and they
explained what they wanted and why they should get the space. CCLC also made a very good
argument as to why they should not get the space. Mr. Bryan said they did not finish the market 118
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last year because their lease expired. Councilwoman Richards said we are not supposed to make
decisions at the table that aren’t part of the agenda. You will not get direction from us to change
anything but direction to have staff look in to it. We are not going to take an action to cure your
issue tonight. Councilman Mesirow said this is the 4th or 5th time someone has approached me as
to how people are selected. Councilman Hauenstein said I’ve been going to CCLC meetings for
2 years. They have spent considerable time and effort for a fair matrix as to who gets in to the
market. There is a protocol. I think it is transparent. Jim True, city attorney, said staff is not
going to make a determination but we will bring forth the CCLC position. Sara Ott, city
manager, said staff is not involved as a decision maker for the market. Mr. True said the city is
not blocking their store. The sidewalk is clear and empty. CCLC heard the arguments and made
a determination. That can be brought to you at another meeting. If you want to discuss it further
after you’ve seen the minutes from their meeting. Mayor Torre said we will get the minutes from
the CCLC meeting. We will think about it. I understand time is of the essence, but we are just
seeing you here. We cannot guarantee you action between now and Saturday morning
COUNCIL COMMENTS
Mayor Torre gave kudos to the Pathfinders 5K. It was an amazing event for the first year. Amanda
Boxtel for Bridging Bionics hosted a fantastic event at the Jerome. The Sheriff’s Cup last Monday raised
$170,000 for Huts for Vets. He has concerns from the airport group. We are almost half way through the
one year process. If you’re not paying attention you should. He did not feel as if Aspen’s voice is being
heard. There has been talk about forming a Pitkin County caucus that represents the City of Aspen.
Contact me for more information.
CITY MANAGER COMMENTS
Ms. Ott introduce Tracy Truelove, communications director. Tracy said she is excited to be here.
Pete Rice, engineering, spoke about the Hallam pedestrian way outreach. July 31 is a neighborhood
social. There are 4 more public outreach events planned as well. The bikeway is a critical commuter
connection. Very excited to get this started. August 12th will be the start date.
BOARD REPORTS
Councilwoman Mullins attended the CCLC meeting. She is impressed with the energy and ideas and is
very encouraged. CCLC is on the right track.
Councilwoman Richards attended the Club 20 meetings in Snowmass Village. They had a progressive
agenda and good information. They discussed transportation, telecommunications and 5G.
Councilman Hauenstein attended the Houston international sister cities conference. He made great
connections especially with millennials. Sister Cities was established in 1956 to promote world peace
through citizen diplomacy. There are opportunities for expansion for our program. The people is what
makes the program work.
Mayor Torre said I got my introduction to sister cities through Jill and Don Sheeley. Many thanks to Don
and the entire family.
Councilman Mesirow attended his first northwest council of governments meeting. There is a bill out
there for tax revenues that leave ski areas and get disbursed to be retained by ski areas. Staffers from both
CO senator offices were there. DOLA has 6 Million set aside for census outreach. They talked about the
2008 second home study. There is a question as to if we should do it again. Significant interest in a study 119
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that focused on short term rentals. Ms. Ott said currently there is a position funded in the finance
department for auditing lodging tax for these short term rentals. Working with APCHA on it as well.
Approached by one of the major platforms to enter into an agreement but we feel it does not represent the
community’s interest. CAST also does work in this area.
Mayor Torre attended RFTA as the alternate. 2 agenda items; approve audit and board support for the
solar farm. He also attended the board of health. The BOCC is looking at the tobacco tax county wide.
Looking to mirror what the City of Aspen has done. Councilwoman Mullins said the other important
thing with the transition of Torre is when the board was formed it was an experienced based board of city
and county representatives. One of the changes they made at the meeting is they need alternates.
CONSENT CALENDAR
Councilwoman Richards moved to amend item 6C citizen board appointments to add Ann Mullins as city
alternate to the Board of Health once the guidelines have been updated. Seconded by Mayor Torre. All
in favor, motion carried.
Councilwoman Mullins moved to adopt the consent calendar with items 6B, 6C, 6D and 6E; seconded by
Councilwoman Mullins. All in favor, motion carried.
Reso #82 – Garmisch and Main
Mayor Torre said he would like more discussion about the project. What are alternatives here. I looked
at the contract and thought the scope was rather large. Is there something that can be implemented easier.
Trish Aragon, engineering, said we have been limping this area along for a while. Severe safety issues in
the area. This has been something identified as to do. Mr. Rice said the phasing is broken out with phase
1 to do homework, property lines and utility information. Phase 2 looks at what are the problems, start
the public outreach, get bus information and develop more detail plans. We will sit back down with you
to review the problems and potential solutions. Phase 3 starts the construction documents. Mayor Torre
asked what is the budget. Mr. Rice said next year we will come back for the remaining budget of
$340,000. Construction is estimated at $750,000.
Councilwoman Mullins asked what is the total contract. Mr. Rice said 458,000 is the total.
Councilwoman Richards said she would like to see the project proceed. When I’m a motorist I can’t tell
you the number of times I’ve seen a pedestrian almost hit. I think of this like the project at the castle
creek bridge area. At the end of the day it has greatly enhanced the public safety to use the mass transit
system. It does look inadequate to me now. It is pricy to work like this. She would like to reach out to C
dot and RFTA for potential funding. Doing this in phases allows us to see that it is worth proceeding.
Mayor Torre asked has C Dot, RFTA or the EOTC been approached to share funding. Mr. Rice said we
are starting that process. Ms. Aragon said C Dot wants to know what they are funding before they
commit to it. If you want to be successful this is the way to do it.
Councilman Mesirow asked how do you evaluate the safety aspects. Ms. Aragon replied the feedback
we’ve got from police, bike safety team and RFTA. Mr. Rice said the numbers are tough to do for that.
Councilman Hauenstein said we previously had a work session where we went around and looked at
sidewalk areas. There will be obstacles here when the Molly Gibson is redeveloped. This is a public
safety improvement. The citizens demand public outreach and it doesn’t come for free.
Mayor Torre said he will vote against this tonight. It is definitely an area where I want to see
improvement. Concerns about the Molly Gibson and pending construction. Phase 1 and 2 contracts lead
to other contracts that I may or may not support in the future.
Councilwoman Mullins said I’m in that area frequently. That area is very confusing for bus drivers and
the people trying to get on the bus. It is a very messy situation and we are trying to create a seamless
transportation where people are comfortable and safe. I think it is very important to go ahead with this.
Mayor Torre said you are right. Things need to happen here, but I don’t think this contract is the best way
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to do it. Councilman Mesirow said he is struggling with this. It is a good project and he sees the need
from a safety standpoint. It is a big price tag but does not strike me as the most acute need.
Councilwoman Richards said I don’t know how to value a human life opposed to a housing unit. To me
human life is at risk here. For me it is public safety and that is a prioritization.
Councilwoman Richards moved to adopt Resolution #82, Series of 2019; seconded by Councilwoman
Mullins. All in favor except Mayor Torre. Motion carried.
ORDINANCE #20, SERIES OF 2019 – 2
nd alternate member to the CCLC
Councilman Hauenstein moved to read Ordinance #20, Series of 2019; seconded by Councilwoman
Richards. All in favor, motion carried.
ORDINANCE NO. 20
(SERIES OF 2019)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
ORDINANCE NO. 43, SERIES OF 2007 TO ADD A SECOND ALTERNATE MEMBER TO THE
COMMERCIAL CORE AND LODGING COMMISSION.
Councilman Hauenstein said the current chair is an alternate member. Alternate members carry every bit
as much weight as a regular member. We have more people interested, qualified and passionate about the
board.
Councilwoman Richards moved to adopt Ordinance #20, Series of 2019 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Richards, yes; Mesirow, yes; Hauenstein, yes;
Mullins, yes; Mayor Torre, yes. Motion carried.
ORDINANCE #2 AND #15, Series of 2019 – Re-adoption of the updated Construction Management
Plan Requirements Manual to Title 29, Re-adoption of the Water Distribution Standards, Re-adoption of
the Engineering Standards (combination of the updated Design Standards and the updated Excavation and
Construction Standards); and other amendments to Title 21 and Title 29.
Ms. Aragon said this is part of the 2019 work plan. Title 21, 25 and 29 revisions to include Title 21 to
clarify the appeal process for engineering permits and comply with proposed accessibility requirement.
CMP regulations were relocated to Title 29. CMP enforcement policies adopted into Title 29.
Recommended to have enforcement in the code. We took the design standards and excavation standards
and integrated both documents into one. The standards have been updated to address current industry
standards.
Tyler Christoff, utilities, said Title 29 water distribution standards are now referenced. Last time they
were updated was 2014. It is a user friendly document and best practices. Ms. Aragon said modifications
since first reading include Ordinance 2 revised to include the reference to title 21. Engineering design
standards are now called engineering standards and include the excavation and construction standards.
Mr. Christoff said there is additional specificity around commercial agriculture use of potable water
system.
Raquel Flinker, engineering, said questions include are property owners responsible for cost of
undergrounding electric services, yes. What is cost for McSkimming undergrounding. Holy Cross is
responsible for that area. We asked them for numbers. What undergrounding model was used for the
base of smuggler. We are unable to find the records. The history of undergrounding in Aspen started in
1976 when the downtown undergrounding project was created. It was financed by a utility revenue
bonds. 1987 local underground district 1 created for west and east side of Aspen. Each lot was
responsible for the cost related to the benefits received. 1990 improvement district 2 for Cemetery Lane
was created.
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Councilwoman Richards said they were all special improvement districts. We would have the history for
how long it took to pay back. It would be helpful to have that information.
Mayor Torre opened the public comment.
1. Gordan Baym said he is concerned with the overhead power lines in Aspen grove. He spoke
about fire danger related to utility lines above ground.
Mayor Torre closed public comment.
Mayor Torre asked have we done an assessment on the undergrounding issue. Ms. Aragon replied that is
Holy Cross’s realm. They are highly motivated to have lines under ground.
Councilman Hauenstein asked about the process between the City, Holy Cross and the homeowners. I
understand that the home owners are responsible for the cost to bring the underground connector to their
house. He asked about the cost for undergrounding. Would we do an ordinance that says that Aspen
Grove needs to have under ground power lines then Holy Cross would have to come in and underground
the feed. He asked about the logistics. Ms. Aragon said council can chose to outline this area as an
improvement district. Holy Cross is not going to pay for the undergrounding. It would be those citizens
that are in that district or other means to pay for it. The other way of creating an improvement district is
from the neighborhood themselves. They can come forward with more than 50 percent of the
neighborhood onboard. In the past the funding of the district has been the homeowners responsibility.
Councilman Hauenstein asked do you know if Holy Cross has financed this in the past. Ms. Flinker
replied from the historical records it seems like they have not. Ms. Ott said typically in a process like this
there would be a negotiation with the utility on design fees. After comes the conversation of who’s
paying for what. Holy Cross makes a payment to the city annually and that would be the extent of their
financial commitment. Councilman Hauenstein said a next step might be to get 50 percent buy in from
your neighborhood. Ms. Ott replied if it is a community issue it is at the council table. If it is a
neighborhood issue it is up to them.
Councilwoman Richards said this is a specific and discrete issue. I don’t think it is something we are
going to mandate into our codes. I think we should take a look at it. I consider this a work session item
not related to this public hearing.
Councilwoman Mullins said I agree.
Councilwoman Richards moved to adopt Ordinance #2, Series of 2019; seconded by Councilman
Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Richards, yes; Mesirow, yes;
Mayor Torre, yes. Motion carried.
Councilwoman Richards moved to adopt Ordinance #15, Series of 2019; seconded by Councilman
Mesirow. Roll call vote. Councilmembers Mullins, yes; Mesirow, yes; Hauenstein, yes; Richards, yes;
Mayor Torre, yes. Motion carried.
ORDINANCE #17, SERIES OF 2019 – 730 E Cooper Avenue (Base 1 Lodge) Minor Amendment to a
Project Review
Mike Kraemer, community development, said this is a minor amendment to a project review.
Background on existing conditions include the Buckhorn lodge constructed in the 1960’s. There is
basement and 1st floor commercial with 2nd floor lodge units. CL zoning. 2015 conceptual approval for
MU lodge with 42 units around 177 square feet each. 2,500 square feet of ground floor commercial. At
the time there were variances for height, affordable housing and parking. There is a code requirement for
the plan submission deadline. They did not meet the deadline. Council reinstated the resolution and
approved with removing all zoning variations at the time. 2016 final approval was for 42 lodge units and
200 square feet per unit. Today it complies with all commercial zoning requirements. Sublevel parking 122
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garage and amenity space. 2018 vested rights extension for approvals. Certain ideas floated around a
change of use. The vesting is until July 7, 2020.
The request is for a minor amendment to a project review. The applicant is requesting to eliminate a sub
grade level. 2 options. Eliminate the amenity space and retain the parking or eliminate subgrade parking
level and retain the amenity level. The dig is almost as deep as the building is tall. There are a few other
requests including convert roof top mechanical to roof top bathroom. Currently there is a 6 foot height
exemption for mechanical which is not the same for bathrooms. During staff review we noticed an
elevator overrun clarification. The maximum height of 48 feet for the overrun. In the approved plan set
there is a 49’10” overrun and inconsistent with previous approvals. Staff would like affirmation of the 48
feet.
At the last meeting there was discussion around lodge amenity space. It functions as part of the lodge,
spa, ski storage, fitness room. Is not commercial net leasable mitigation. There is ground floor
commercial for a tenant. The sub grade level is amenity space. Not generally open to the public.
Pedestrian amenity – commercial design that connects the public through active outdoor space, patios, 2
nd
level decks, rooftop decks. Examples are Volk plaza or paradise bakery. Base 1 is code compliant in the
amenity requirements. Majority of space is the rooftop bar/restaurant. They will be open to the public.
The public access easement was secured for public access.
On affordable housing, the small lodge unit incentives reduced the mitigation. Base 1 has 200 square feet
lodge unit sizes which equal a 10% mitigation rate. MU lodging gets 10% mitigation for lodge and
commercial FTE generation.
Analysis – if subgrade parking is selected a car elevator will be needed and commercial net leasable will
drop to 2,348 square feet. It is less than 400 square feet of the approved amount.
Councilwoman Richards said on the original application wasn’t there a car elevator shown then. Mr.
Kraemer replied there was a car elevator. Councilwoman Richards asked what caused the drop in square
feet.
Mr. Kraemer replied if lodge amenity is selected the car elevator is not needed and the full 2,745 of
commercial net leasable can be developed. Construction of rooftop bathrooms creates a displacement and
reduction in 2 lodge units. If no rooftop bathrooms there would be 36 lodge units.
Mayor Torre asked where are current bathrooms to be accessed on the rooftop. Mr. Bendon replied they
are on the next floor below.
Mr. Kraemer said there are a lot of different numbers that are analyzed. We don’t want to discredit or not
give them their due at the hearing. Generally speaking the greater the number of lodge units and
commercial net leasable the higher the affordable housing mitigation and parking requirements. In
contrast, the lesser number of lodge units and commercial net leasable the lower the affordable housing
and parking requirements.
This is a problematic request and staff can’t support the removal of subgrade parking. Today we don’t
have an application submitted for any off site parking. The applicant has identified Benedict Commons
and the Rio Grande garage for offsite lodge parking. Both sites are problematic and staff cannot support
either location. There is a parking constraint in the downtown and if we take leases away from those
spaces it will exacerbate the problem.
Staff recommendations – approve the removal of the basement lodge amenity and retain the parking.
Approve a lodge unit density of 36 units. Approve commercial net leasable area of 2,348. Approve
affordable housing mitigations and requirements. Approve a minimum of 15 parking spaces and allow
cash in lieu to satisfy the remaining. Deny conversion of rooftop mechanical to bathrooms. Reaffirm
maximum elevator overrun height shall not exceed 48 feet.
Councilwoman Richards said she is concerned the loss of the amenity level will detract from the usability
of really small hotel rooms. She asked if there was a way to have assurance as to what amenities would
be moved in to the rooms including microwaves and coffee makers. Where will ski lockers be now if not 123
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in the amenity level. Suggested some of the commercial space needed to be dedicated to the amenity
level so the rooms work. Concerned with it turning into a high end boutique lodge. Mr. Kraemer said
Rachael asked staff to create a depiction on the floor of what a 200 square foot unit would be. What is on
the floor is 16.5 feet by 12 feet.
Councilman Mesirow said on the request for bathrooms, currently the allotted overrun is 6 feet. Mr.
Kraemer said the code height exemption is for mechanical of 6 feet. Rooftop bathrooms do not get the
same exemption. Councilman Mesirow said he understand the displacement of 2 rooms. When did it go
from 42 to 38. Mr. Kraemer replied that happened earlier. The previous approval was 177 square foot
size per room. Councilman Mesirow asked how does it work if the room configuration changes. Mr.
Kraemer stated should the applicant in the future want to combine units they would have to amend the
approval. At that time we would recalculate. If it goes to the next level they would have to pay the
additional mitigation.
Applicant
Chris Bendon, representing the applicant, said there was a sister project at the time that was not approved.
He reviewed the design inspiration. Rooms are small but nicely appointed. We want it to feel like you are
staying in a high end place but very small. With the small size comes a small price tag for room rate.
The approval is for 2 basement levels. The deepest is a valet parking service. It is a deeper garage so cars
can be stacked. The regular level basement is the guest amenity. Main floor is commercial , 2 primary
spaces. Commercial tenants need ADA pathways. We also need a transformer. All of this is eating away
net leasable. Office, check in and ski storage on the main level. 2nd floor is 20 lodge units. The current
plan is for 38 lodge rooms. 3rd floor is 18 lodge units. 2 of those are currently bathrooms to serve the
rooftop deck. The deck is amenity space with public access. There are 2 mechanical areas on the rooftop
that are fully enclosed. Two areas with equipment that is sitting on the roof. The enclosed areas are full
head height. There is not an allowance for bathrooms to get an exemption on height. We are not
requesting the bathrooms be there. It could trigger a ref 1 vote. We have allotments for 40 lodge units.
We want to keep the remaining 2 allotments so if the code is amended we can move the bathrooms to the
roof and change the bathrooms to lodge rooms.
Councilwoman Richards said that makes sense. She would like more elaborations on the rooftop. The
deck is open. Is there a roof over the restaurant component. Mr. Bendon said it is basically an open roof
bar. Mark Hunt, applicant, said the idea was communal use. Early on it was a question of that space is
there, we are not asking for any more height. It is not just losing the 2 rooms. The space is open to the
public then you are going into a level with guest rooms. It is more of a security issue. Mr. Bendon said it
is a very busy corner. An amenity on ground level would not be as desirable.
Councilman Mesirow asked for clarification on the Ref 1 comment. Mr. True said the concept is if there
is a broad base amendment to allowances within a zone district that does not kick in Ref 1 as long as it is
not associated to a specific project. They are asking for the request to change the code not the
application.
Mayor Torre asked are there rooftop deck plans other than a bar. What is the programming up there. Mr.
Hunt replied it is not fully programmed. I could see a hot tub up there potentially.
Mr. Bendon showed a profile of the building. The tallest things are the elevator overruns. Since the
approvals, we went through construction drawings and pricing. The cost to build is more expensive from
the sidewalk down then the sidewalk up. It is a deep hole and the shoring is expensive. It is at the point
where the project doesn’t work. It is not even close to working. We had that discussion with council.
We first wanted to reimagine the building as affordable housing. If not housing maybe a simple one story
commercial building. That is what happened to Base 2. It is going to be a bank. That conversation
migrated back to is there a way to rescue this. We’ve suggested one of the basement floors need to be
sacrificed. We feel it should be one of the parking ones. The amenity space is partial to the guest
experience and we feel it is important. Parking is a necessary evil. The cars will go somewhere. If you 124
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drop keys to a valet you don’t know where it is going. As long as the car comes back it works. Our
preference is to keep the amenity space. We understand your hesitancy of where will the car goes. With
1 basement level we can park the minimum on site. If we find an appropriate location we can come back
and talk about the amenity space. We can find places on the ground floor to be amenity. We would like
to rehouse some of the existing tenants as independent commercial businesses. We do have ski storage.
The bar area is an amenity, whether it is a separate business or not. Typically these spaces are designed
with a little place for everything. We could get there in terms of an in room amenity. Council is aware
there could be a risk of us coming back asking for 6 rooms instead of 38. It would require a full review
and go back to council. The purpose of the project is lots of rooms, well designed but small. The town is
the amenity.
Mr. Hunt said micro hotels are fascinating and fun. They are small rooms but well appointed. The whole
point is a small room with a great shower and great bed. There is fun stuff in the basement and on the
rooftop. Something is going to have to give. For something that hits the mark it is hard to believe that 12
to 15 parking spaces is going to wag the dog. I’m confident we will find the parking. Give us the ability
to find something that is viable. Based on the properties that we have, we have to be able to find 12
parking spaces. No one will experience the parking garage except the valet. We believe in the project. If
this is something that you believe in we are here asking for your help to get us to the finish line. Mr.
Bendon said in the recorded plan set an elevator shaft is 49’10”. Where it is measured is 48 feet. We are
fine with the 48 foot limitation. We comply with it and don’t plan on asking for anything higher.
Mayor Torre said tell me more about your experience with micro hotels. Mr. Hunt said they are some of
the most successful hotels in the country. Citizen M is typically more urban, NYC, Boston and LA. They
are looking in to resort markets. Hotel rooms here are outrageously expensive. We don’t want to get in
to an affordability conversation. It opens the door here. I enjoy staying in them. They generally have
great public amenity spaces. You are there to sleep and take a shower. This product works very well in
places that are very expensive where the price point is so high they become successful. Also in areas
where you are not going to hang out in your room. Aspen is one of those places.
Councilman Hauenstein said when you came back and asked about removing a sublevel I asked what do
you want to build here. Mark said this. Mr. Bendon said the current approval has the parking spaces
stacked. Our proposal is one regular size level. We can get 15 spaces there. Councilman Hauenstein said
if you had stacked parking you would need a deeper basement. If you did that would there be space for
the amenity level. Mr. Hunt replied we tried that. If you shared the bottom level it would need 2 stair
cases. Then you lose the parking. Councilman Hauenstein asked if you were to drop the whole building
a few feet could you have bathrooms on the roof. Mr. Kraemer replied it would have to go down at least
7.5 feet for that to work.
Councilwoman Richards asked where would the mechanical go if they were bathrooms. Why 2 not 1.
Mr. Bendon replied one would work. There is outdoor mechanical space as well. We would have to put
more in the basement as well.
Councilman Mesirow said he would love to see this be successful. Diversity in our lodging base is
something we lack. When this was initially proposed part of the pitch was base 1 and base 2 . Mr. Hunt
said our hope is we could find other places for these types of hotels. Councilman Mesirow said if we
eliminate the amenity there is reduced commercial and parking in a deeper basement. I assume removing
the amenity versus the parking would have a larger impact on the bottom line of the project. Mr. Hunt
said I think that is fair. Councilman Mesirow said if we chose the amenity are you comfortable with
working with staff on the parking. Jen Phelan, community development, said if you kick the can down
the road you could be triggering ref 1 because we don’t know how you will be accommodating parking.
Right now, the code does not allow for offsite parking, it is through special review with P&Z. Does
council feel approving a resolution saying we will provide off site parking to satisfy ref 1. Mr. True said
ref 1 requires that a variation which reduces the requirements in amount of off street parking requires a
vote. As long as you are not changing the amount it would not kick in ref 1. You would have to provide
at least some specific provision as to when that would be provided. That would assure it is complying 125
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with the requirement for the amount. I believe there needs to be a definitive statement as to when that
would be provided. Otherwise it would be varying the amount.
Mayor Torre opened public comment.
1. Peter Fornell said I can’t imagine an easier decision for all of you to make. We all go on vacations. We
research the places we are going to go to. If I research a hotel and it says no dogs I either leave my dog at
home or find another hotel. I’m guessing they will market the hotel with no parking. Either I don’t bring
my car to Aspen or I find another hotel. It will be more important for the guest to have a cup of coffee
and read the ski report then go where is my car. We have a chance to have a hotel here that will serve a
different group of people. If I was a resident living in this part of down town I would be thrilled to hear
the new commercial building doesn’t have parking and disincentivizes it. It is pretty simple to me. I
think we need to look at this hotel on its merits. Give the guests a public amenity and forget about the
parking. Encourage the operator to market themselves as such.
2. Toni Kronberg said I don’t agree with staff recommendation to remove the amenity and leave the parking.
What is a lodge without amenities. We are a transit oriented community. Aspen boasts about car free.
Not putting the bathrooms on the roof lose 2 lodge units. The car elevator takes away commercial space.
Talked about impacts of digging a double basement. They are not allowed in residential zones because of
construction impacts and the neighbors. Hope you can make this work for the community at large.
3. Jim Farrey said I am a friend and work associate of Mark. I’m dying for this project to commence and be
built already. I trust he doesn’t get his CO without the parking. The alternative is a single level building.
Mayor Torre closed the public comment.
Councilwoman Mullins said there is a neighborhood and a strong one in that part of town. On parking, it
would be great if we could do these projects with a minimal amount of parking and push alternative
modes of transportation. You tried it with Base 2 and didn’t get the support of the community. If the
parking disappears it would have to go to ref 1 and we take the chance of the whole project disappearing.
I want the project to happen. I don’t want to put the burden on the neighbors. In terms of the amenities,
maybe the synergy can be built up between here and the crystal palace. There are amenities in the first
floor and on the rooftop. The whole town is an amenity. I don’t think the people staying at this hotel will
be at a loss for amenity. If parking is not provided in the hotel the burden falls on the neighbors. I
support the parking in the basement.
Councilwoman Richards said I agree with Ann on this. I’m open to coming back to convert the parking if
another solution is worked out. This is a neighborhood. I wish I could make the numbers work for you. I
wish ref 1 had not come in. I can’t lose the parking. I want to see it go forward and see it successful.
Councilman Mesirow said keeping flexibility for the bathrooms make sense. He feels strongly the
amenities are more important for the project success. It will make it a better project for the people staying
in it and a better project for the community. I would rather have a vibrant fun spot over the concern that
there may be some parking impositions in my neighborhood. My preference would be go with the
amenity and guarantee as a requirement that the parking is provided and wherever it is landed there is full
support from that group and staff so it is not impinging on a neighborhood.
Councilman Hauenstein said one of the things about Base 1 is it complies with the underlying zoning
where Base 2 did not. The code as applied and in place now requires parking but does not require an
amenity. I would like to see this built with parking and the amenities. I understand the numbers don’t
crunch that way. I don’t feel it is fair or just to the neighborhood or to the town to push parking off on the
streets. I want the parking to be on site. If there is a way to work in the amenities I’m open to it. I cannot
in good conscious put the burden of this parking on the neighborhood. I want to see this built and be
successful but not at the expense of the neighbors or the rest of town.
Mayor Torre said I’ve stayed in micro hotels and haven’t’ use the amenity space. I wasn’t supportive of
the changes. This project went through a lot of work just to get here. It is difficult doing an amendment 126
Regular Meeting Aspen City Council July 22, 2019
11
to a previous council’s decision making. For me I would not support keeping the amenity and eliminating
the parking. More favorable to maintaining the parking. It is difficult for me to make a decision just
based on the applicant’s financial hardship. I support parking remaining and the amenity going.
Mr. Kraemer said some of the numbers need to be firmed up and we would like the ability to work with
the applicant to ensure we have the correct numbers. Mr. True said I understand and think you could
amend the ordinance to reflect the determination of the correct net leasable floor area. Section 1
subparagraph E is commercial net leasable. You are not sure that number is accurate. Mr. Kraemer said
the approval hones in on the numbers. Staff had 36 numbers, Chris had 38. If we change the 36 to 38 on
paragraph c of section 1. On net leasable the square feet keeps moving. I would like to have a buffer in
there to migrate 5 to 10 percent as determined by staff.
Councilman Hauenstein said I would favor going one floor below for the bathroom and only have 1. Mr.
Bendon said there is a question about the occupancy and if 1 is permitted.
Mr. Kraemer asked is it alright to just acknowledge the math is correct and figure out that we have the
correct numbers prior to council signing. Mr. True said the mechanism needs to be final. Ms. Phelan
asked could we say baseline of 38 up to 40. Mr. True replied you could as well as amend the ordinance to
say net commercial floor area. You can continue it and come up with the exact numbers.
Councilwoman Richards suggested continuing this for tomorrow to approve the ordinance with the
correct numbers.
Councilwoman Richards moved to suspend the item and move on to the next item and continue at the
meeting tomorrow. Seconded by Councilwoman Mullins. All in favor, motion carried
ORDINANCE #16, SERIES OF 2019 – 981 King Street – Minor Subdivision Amendment to Remove
On-site Affordable Housing Unit
Kevin Rayes, community development, said the request is to remove the onsite affordable housing
requirement. It is a minor subdivision amendment. APCHA reviewed this in April. Existing conditions
– lot 4 of Astor subdivision. Located in R6 zone district. 17,800 square feet. There is a duplex dwelling
on site. One side is a deed restricted affordable housing, category 2 unit. It is required to be on the
property as prescribed in the original subdivision agreement. The other side of the duplex is the main
residence. The request is to remove the affordable housing unit. The property owner is planning on
tearing down and building a single family dwelling. He showed photos of existing condition.
The history behind the subdivision includes it being annexed into the city in 1971 and originally consisted
of 3 lots. In the 70’s the subdivision had 2 duplexes on it. Lot 3 was a vacant lot. Around 1980 the
owner of the subdivision requested to rezone from R15 to R6. It was a controversial request at the time.
Neighbors felt it was inconsistent with neighboring properties. It was Ms. Astor’s intention to provide
affordable housing on each parcel if she was permitted to increase the density. Ordinance 2 of 1983
completed the rezoning with the condition that permanent employee housing would exist on site. A
subdivision agreement was also approved. 2 dwelling units per lot. Occupancy in 3 of 6 units is
restricted to low, moderate and middle income occupants. 14 years later an amendment added a 4th lot to
the subdivision. In order to add the additional lot, the lot lines were reconfigured and lots renumbered.
Part of the approval was a condition that says the new lot also has to provide an affordable housing unit
on site. Lot 1 has a category 1 unit on site. Lots 2, 3 and have category 2 units on site. Owner of lot 4 is
requesting to remove the onsite affordable housing unit.
There are two criteria to consider when removing an onsite affordable housing unit. The amendment
responds to issues raised during the original review or addresses an issue that could hot have been
reasonably anticipated during the review. Staff finds it is not met. Representations made to council
during the subdivision clearly show they had to weigh the option of a community benefit of onsite
affordable housing with the potential of rezoning an area inconsistent with surrounding neighborhood.
1979 memo stated intention to develop 3 duplexes and see 50% of these units deed restricted as employee 127
Regular Meeting Aspen City Council July 22, 2019
12
units. Highly desirable in seeing 3 dwelling units for affordable housing in perpetuity. P&Z
recommended approval 5 to 1 to retain employee housing. Criteria 2 states the amendment is consistent
with the approved subdivision. Staff finds this is not met. On site affordable housing is included in the
original subdivision agreement. Restricts occupancy to APCHA qualified tenant. APCHA recommends
council deny the request. Staff requests council deny the request. Received a public comment over the
phone from Tony and Kathy Welgos. Hope council deny the request. Affordable housing is difficult
enough and we should not be removing it. Negative precedent for properties that have same requirement.
Councilwoman Richards said for the affordable housing credit program and the future occupant of the
unit, are they renting it or buying half of it. Ms. Phelan replied with the credit how does it currently
operate. Typically, the developer will develop the housing voluntarily and put it up for sale at a certain
category. The units sell but they get credits based on the number of employees housed per unit. That is
what sells on the open market. Councilwoman Richards said she will not support this application for
other reasons. There is a point if you allow people to buy off mitigation from an existing unit you are
only getting half the value for it. I have a hard time with going against the other recommendations.
Applicant
Steev Wilson and Ryan Lee, Forum Phi, said we don’t agree with staff. Does this address an issue that
could not be addressed during initial review. The credit program didn’t exist then. We are ok with one
unit and one affordable housing unit. We just want to use a credit to mitigate for that. Does it diminish
the community benefit. No. We are willing to purchase it. The 1980 unit doesn’t meet APCHA criteria
now. We could retire this deed restriction in favor of the best thinking we have right now. The credit
program delivers fantastic results. Employees should live in town and above grade. They don’t here.
Other benefits include converting to a modern deed restriction. We would have to deliver the credits prior
to demolition. Not sure why it is considered a detriment. The program is doing everything we wanted it
to do. APCHA voted against this because they viewed it as a loss of a unit. This supports the credit
program and retires a substandard unit.
Mayor Torre opened the public comment. There was none. Mayor Torre closed the public comment.
Councilman Mesirow said staff has it right. The criteria are set. While supporting the credit program is
important, I would like to keep lived in units in town. I’m against the ask.
Councilwoman Mullins said you made a good case. I go back to the intent of the previous councils and
respect what they were trying to do. I don’t want to overturn that. The credit program is great but we
need to continue to have options. I support staff recommendation.
Councilman Hauenstein said the thing I keep going back to is in perpetuity. The subdivision was created
with affordable housing units on site in perpetuity. I support staff recommendation.
Councilwoman Richards said I agree the historical research was important. I agree with Ward and in
perpetuity. It is also about having diverse neighborhoods and dispersed housing. I think when the
property was purchased it was known what the deed restriction was. Giving up the location of this is not
a bargain I would be willing to make.
Mayor Torre said I agree with council on this. This is kind of a bummer. It is not a win all around.
When you get rid of a material unit and trade it for cash or credit it doesn’t trade at the same. We are
losing actual housing and what we gain is not enough to make up for it. I will support staff
recommendation.
Mr. True said he requests someone move to deny ordinance #16 based on comments made by council and
exhibit A.
128
Regular Meeting Aspen City Council July 22, 2019
13
Councilwoman Mullins moved to deny for reasons stated by council, staff and exhibit A. Seconded by
Councilman Mesirow. Roll call vote. Councilmembers Richards, yes; Hauenstein, yes; Mesirow, yes;
Mullins, yes; Mayor Torre, yes. Motion carried.
At 10:05 p.m. Councilman Hauenstein moved to continue this meeting to July 23 at 4:00 to consider
ordinance 17 and executive session; seconded by Councilwoman Richards. All in favor, motion carried.
7-23-19
At 4:00 P.M. Mayor Torre called the continued meeting to order.
Mr. Kraemer said this is a continuance of the discussion from last night. Further discussion on honing in
on some of the lodge densities and commercial space. There have been revisions to the ordinance
throughout the day. We wanted more precision on the lodge densities. Changes of minimum of 38 lodge
units to a maximum of 40. Affordable housing FTE generation numbers as well as commercial net
leasable. Maximum is 2,600 square feet for commercial net leasable. These are not construction
documents and there will be further refinement. FTE generation rates will be calculated at building
permit. Parking changed a bit. Included section 4 regarding combining or reconfiguring unit size.
Further city review is required.
Councilwoman Mullins said the ordinance says convert rooftop mechanical to rooftop bathroom, she does
not recall approving that. Mr. Kraemer said that is what the applicants request was. There is a second
whereas that states council does not approve that.
Councilman Hauenstein said the storage on the roof top amenity are reserved if zoning changes they can
be traditional lodge units. Mr. Bendon said those spaces could be used to relocate the bathrooms. Where
the bathrooms are now on the 3rd floor they could be converted to lodge units. The occupancy is too great
for 1 bathroom.
Councilman Mesirow said he respects the differing opinion at the table on what to prioritize below grade.
I will vote no. I hope this goes forward and is successful.
Mayor Torre said your preference was to eliminate the amenity space. Does this move you towards the
ability to complete the project. Mr. Hunt replied we do. Our preference was not the parking. I’m still
hopeful we can find something that may open the door to something more vibrant. We will move forward
with this project. Mayor Torre said I will support this. I am struggling with the 10% mitigation rate.
Councilwoman Richards moved to adopt Ordinance #17, Series of 2019; seconded by Councilwoman
Mullins. Roll call vote. Councilmembers Richards, yes; Mullins, yes; Hauenstein, yes; Mesirow, no;
Mayor Torre, yes. Motion carried.
Mayor Torre suspended the meeting for the work session.
At 7:37 council resumed the continued meeting. Mr. True recommended Council go in to executive
session pursuant to C.R.S. 24-6-402(a) The purchase, acquisition, lease, transfer or sale of any real,
personal or other property interest; (b) Conferences with an attorney for the local public body for the
purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to
matters that may be subject to negotiations, developing strategy for negotiations and instructing
negotiators regarding the potential sale of property.
Councilwoman Mullins moved to go in to executive sessions; seconded by Councilman Hauenstein. All
in favor, motion carried.
July 30, 2019 – special meeting for the purpose of executive session.129
Regular Meeting Aspen City Council July 22, 2019
14
At 4:10 p.m. Mayor Torre called the special meeting to order with Councilmembers Mullins, Mesirow,
Richards and Hauenstein present.
Jim True, city attorney, recommended Council go in to executive session pursuant to C.R.S. 24-6-402
(f)(I) Personnel matters to discuss the city manager candidates.
Councilman Hauenstein moved to go in to executive session; seconded by Councilwoman Mullins. All in
favor, motion carried.
Linda Manning
City Clerk
130
Memorandum
TO: Mayor and City Council
FROM: Phillip Supino, Principal Long-Range Planner
THRU:Jennifer Phelan, Interim Community Development Director
RE: Policy Resolution No.75, 2019: Reed-Compliant Sandwich Board Sign
Code Amendments, and
Ordinance No.18, 2019: Reed-Compliant Sandwich Board Sign
Regulations
MEETING DATE:August 12, 2019
________________________________________________________________________
________________________________________________________________________
__________
SUMMARY:
Resolution No. 75, 2019 authorizes the Community Development Department to undertake
code amendments to Land Use Code Chapter 26.510, Signs. Ordinance No.18, Series 2019
provides recommended code language to allow existing, permitted sandwich board signs to
remain under certain conditions for an additional year.
The objective of the proposed code amendments is to comply with the requirements of the
United States Supreme Court decision in Reed v. Town of Gilbert, Ariz. (2015)while
permitting permit holders to display sandwich board signs. This code amendment will ensure
that the City’s sandwich board sign regulations and enforcement regime remain in compliance
with federal law and provide permitted access to certain types of commercial signage until
such time as Council amends the Land Use Code.
STAFF RECOMMENDATION:
Staff recommends Council approve Ordinance No.18, Series 2019 at First Reading.
BACKGOUND:
In August 2017, City Council approved Ordinance No.22, 2017 overhauling the sign regulations
in Land Use Code Section 26.510. This code amendment was in response to the June 2015, U.S.
Supreme Court ruling in Reed v. Town of Gilbert, Ariz. (Reed)that municipal sign code
regulations must be “content neutral”.This means sign regulations must be focused on the
size, type, location and appearance of signs, not the content of or entity displaying the signage.
Simply stated, the Supreme Court ruled that if one must read the sign to determine if it
complies, then the regulation is not content neutral.
131
Resolution 75, Series 2019 – Sandwich Board Sign Regulations Policy Resolution
Ordinance 18, Series 2019 – Sandwich Board Sign Regulations
2
At the time of adoption of Ordinance No. 22, 2018, Council’s over-arching policy objective was
to “maintain the status quo” to the extent possible. Ultimately, staff provided Council with
four options for addressing sandwich boards. Each option created challenges for meeting
Council’s policy directive to “maintain the status quo” relative to the old sign regulations. In
Ordinance No. 22, 2017, Council directed staff to eliminate sandwich board signs as a permitted
sign type. Council approved that ordinance 4-1 and directed staff to delay enforcement of the
new regulations until one year from the ordinance effective date, September 28, 2018.
In June 2018, staff began reaching out to the business community to remind them of the pending
change in sign regulation enforcement. With input from staff, the public, and the business
community, Council approved Ordinance No. 24, 2018, which extended for one year the date
by which sandwich board sign permits would expire: September 28, 2019. Council extended
the date, and the policy remains in place allowing existing sandwich board signs to remain while
not issuing new sandwich board sign permits. With no action taken by the previous Council to
modify sandwich board sign regulations, existing sandwich board sign permits are set to expire
on September 28th.
DISCUSSION:
The Land Use Code requires that Council first pass a Policy Resolution before amending the
regulations in the Code. Resolution 75, 2019 simply states that there is adequate justification
for amending the land use code to extend the expiration date of existing sandwich board signs.
Given previous, extensive public input from the business community regarding the importance
of sandwich board signs, and Council’s desire to make those sign types available to hard to find
business locations, the continuation of existing permits is reasonable. Additionally, allowing
the exiting permits to expire would remove a sign type from permit holders with little advanced
notice or clarity as to alternatives available to those businesses. Resolution 75 authorizes the
Community Development Department to amend the Code extending those permits.
Ordinance 18, 2019 formally amends the Land Use Code. Section 1 includes language extending
the expiration date of sandwich board permits by one year, to September 28, 2020. This is the
only section of the code amended by Ordinance No. 18.
Passage of Ordinance No. 18 would provide time for Council and staff to collaborate on a
permanent solution to the sandwich board sign question, which remains unresolved from the
2017 code amendment process. Should Council choose to pass Ordinance No. 18, staff will work
with Council to schedule a sandwich board sign regulation work session in the coming months.
The work session, combined with public outreach to the public and business community, will
provide staff with the direction needed to propose a permanent sandwich board sign solution
to Council in 2020.
PUBLIC OUTREACH:
Public outreach is proposed to commence upon direction from Council to amend the sign
regulations at a subsequent sandwich board sign work session. In the past, public outreach on
sign code amendments has consisted of direct outreach to City business owners and managers
(in collaboration with the Downtown Services Director and CCLC), public meetings and open
houses, an AspenCommunityVoice.com page, and Community Development Newsletter content.
Staff will seek direction from Council at a future work session as to the appropriate scale of
public outreach.
132
Resolution 75, Series 2019 – Sandwich Board Sign Regulations Policy Resolution
Ordinance 18, Series 2019 – Sandwich Board Sign Regulations
3
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
“I move to approve Resolution 75, Series 2019.”
AND
“I move to approve Ordinance 18, Series 2019, at First Reading, and set the Second Reading for
August 26, 2019.”
ATTACHMENTS:
Exhibit A: Staff Findings
133
Sandwich Board Sign Code Amendment
Resolution No. 75, Series 2019
Page 1 of 2
RESOLUTION NO. 75
(SERIES OF 2019)
A RESOLUTION OF THE ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS
TO THE CITY’S SIGN REGULATIONS AS THEY RELATE TO SANDWICH BOARD SIGNS.
WHEREAS,pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate the
process of amending the City of Aspen Land Use Code; and,
WHEREAS,the United State Supreme Court found in the case of Reed v. Town of Gilbert, Ariz.
(2015)(Reed) that commercial and non-commercial signage are forms of speech protected under the First
Amendment to the Constitution of the United States; and,
WHEREAS,the Reed ruling requires that governmental sign regulations be content neutral, and
that the regulation of commercial and non-commercial signage be limited to the quantity, physical and
locational characteristics of signs in the community; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development Departmenthas
previously conducted Public Outreach with community members, business owners, stakeholders, and City
Council regarding past Reed-compliant amendments to the sign code; and,
WHEREAS,there is community interest incontinuing toallow the use of sandwich board signswith
previously approved permits, by certain business types, and in certain locations; and,
WHEREAS,previous Council action has extended the scheduled phase-out of existing sandwich
board sign permits to continue to provide those signs to certain businesses while ensuring Reed-compliant
sign code regulations; and,
WHEREAS,City Council has reviewed the proposed code amendment policy direction, and finds it
meets the criteria outlined in Section 26.310.040; and,
WHEREAS,pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on
August 12, 2019, the City Council approved Resolution No. 75, Series of 2019, requesting an amendment
to sandwich board signs extending the expiration date of existing sandwich board sign permits; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for
amending the Land Use Code; and,
WHEREAS,the City Council finds that this Resolution furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS
FOLLOWS:
Section 1: Code Amendment Objective
The goals and objectives of this code amendment is to:
134
Sandwich Board Sign Code Amendment
Resolution No. 75, Series 2019
Page 2 of 2
1. Comply with the requirements of Reed v. Town of Gilbert, Ariz. (2015); and,
2. Maintain public health, safety, and welfare by limiting sign clutter, distractions from roadways and
obstructions from signage; and,
3. Provide opportunities for appropriate signage in commercial zone districts; and,
4. Limit the proliferation of signs in commercial zone districts; and,
5. Ensure that sign regulations meet the informational, advertising, wayfinding and speech needs of
residents, businesses and visitors.
Section 2: Sign Code Amendment Direction from Council
City Council previously provided the following general direction related to sign code amendments which
provide the basis for this limited code amendment:
1. Ensure sandwich board sign regulations comply with the requirement of Reed v Town of Gilbert,
Ariz.
2. Continueto provide for the limited use of sandwich board signs in appropriate commercial zone
districts while preventing the proliferation of such signs.
Section 3:
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 resolutions or ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid
or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and shall not affect the validity of the remaining portions thereof.
FINALLY, adopted this 12
th day of August, 2019.
_______________________________
Torre, Mayor
ATTEST:APPROVED AS TO FORM:
_____________________________________________________________
Linda Manning, City Clerk James R True, City Attorney
135
Sandwich Board Sign Code Staff Findings– August 12, 2019
Page 1 of 1
Exhibit A: Staff Findings
26.310.040.Amendments to the Land Use Code standards of review – Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two
– Public Hearing before City Council, the City Council shall consider:
A.Whether there exists a community interest to pursue the amendment.
Staff Findings:
Staff believes there is a community interest in amending the Land Use Code (LUC) to extend the deadline for the
expiration of existing sandwich board sign permits in accordance with the requirements of the U.S. Supreme
Court Case Reed v. Town of Gilbert, Ariz. The proposed amendments ensure that the sign code balances
community aesthetics with the commercial, directional, and informational benefits of signage. The proposed
amendments also ensure that the City’s sign regulations remain in compliance with federal legal requirements.
B.Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or
objective of the City including, but not limited to, those stated in the Aspen Area Community Plan.
Staff Findings:
It is the objective of Council and City staff to ensure that the legality of the sign regulations in the Land Use Code
is maintained. Furthermore, it is the goal of Council and City staff to ensure that the public is provided with
access to commercial, civic, and wayfinding information in a manner that enhances public health, safety and
welfare while preserving community aesthetics. These goals are supported by the following Aspen Area
Community Plan Policies:
V.2 Facilitate the sustainability of essential businesses that provide basic community needs.
V.3 Ensure that the City Land Use Code results in development that reflects our architectural heritage in
terms of site coverage, mass, scale, density and a diversity of heights, in order to:
o Create certainty in land development.
o Prioritize maintaining our mountain views.
o Protect our small town community character and historical heritage.
o Limit consumption of energy and building materials.
o Limit the burden on public infrastructure and ongoing public operating costs.
o Reduce short- and long-term job generation impacts, such as traffic congestion, and demand for
affordable housing.
C.Whether the objectives of the proposed amendment are compatible with the community character of
the City and in harmony with the public interest and the purpose and intent of this Title.
Staff Findings:
The proposed policies and code amendments support and enhance community character by balancing community
aesthetics with the value of commercial, civic, safety,and wayfinding signage in appropriate quantities and locations.
Further, the proposed policies and code amendments ensure the ongoing effectiveness and viability of the City’s sign
regulations by ensuring their compliance with the requirements of the Reed decision.
136
Memorandum
TO: Mayor and City Council
FROM: Phillip Supino, Principal Long-Range Planner
THRU:Jennifer Phelan, Interim Community Development Director
RE: Policy Resolution 75, 2019: Reed-Compliant Sandwich Board Sign Code
Amendments, and
Ordinance 18, 2019: Reed-Compliant Sandwich Board Sign Regulations
MEETING DATE:August 12, 2019
________________________________________________________________________
________________________________________________________________________
__________
SUMMARY:
The combined memo for Resolution No.75, Series 2019 and Ordinance No.18, Series 2019 is
included in the packet materials for Resolution No.75, Series 2019. Please refer to that memo
for information about Ordinance No.18 amending the Sign Code to extend the effective date
of existing sandwich board sign permits.
STAFF RECOMMENDATION:
N/A
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8/12/19 First Reading, Ordinance 18, Series 2019
Sandwich Board Sign Code Update
Page 1 of 3
ORDINANCE No. 18
(Series of 2019)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE
AMENDMENTS TO LAND USE CODE CHAPTER 26.510 – SIGNS.
WHEREAS,in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft code amendments to amend the City’s sign regulations; and,
WHEREAS,signs are a form of speech protected under the First Amendment to the
Constitution of the United States, and a 2015 United States Supreme Court decision (Reed v. Town
of Gilbert) requires local governments to review and revise their sign regulations to ensure that
those regulations emphasize the dimensional, design and location of signs rather than their content;
and,
WHEREAS,pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on August 28, 2017, the City Council approved Ordinance 22, Series 2017, by a four to one (4-1)
vote amending the land use code; and,
WHEREAS,the City regulates signs to:
Protect the rights of all persons to freedom of expression; and,
Protect the unique aesthetics and visual heritage of the City; and,
Maintain public health, safety, and welfare by preventing sign clutter,
distractions from roadways and obstructions from signage; and,
Provide opportunities for commercial and non-commercial signs in commercial
and residential zone districts; and,
Limit the proliferation of excessive signs in commercial and residential zone
districts; and,
Ensure that sign regulations are adequate to accommodate the informational,
advertising, wayfinding and speech needs of residents, businesses and visitors.
WHEREAS,the Community Development Department and consultants White &Smith,
LLC conducted research into national best practices regarding sign code compliance with First
Amendment principles to aid in the drafting of Ordinance 22, Series 2018; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with community members and stakeholders, the
Planning & Zoning Commission, the Historic Preservation Commission, and City Council
regarding the amendments to the sign code; and,
WHEREAS, the Aspen City Council met in work sessions on August 21, 2018 and
provided direction on potential amendments to the City’s sign regulations related to sandwich
board signs; and
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Sandwich Board Sign Code Update
Page 2 of 3
WHEREAS,amending the Land Use Code to comply with First Amendment principles and
allow for the limited use of sandwich board signs will ensure the ongoing effectiveness and viability
of the sign regulations within the City of Aspen Land Use Code; and,
WHEREAS,pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on August 12, 2019, the City Council approved Resolution 75, Series 2019, by a five to zero (5 - 0)
vote to direct staff to amend the land use code; and,
WHEREAS,City Council has reviewed the proposed code amendment policy direction, and
finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health safety and welfare; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO THAT:
Section 1. Chapter 26.510.110 shall be deleted in its entirety and replaced with the following:
26.510.110 Sandwich board signs
The display of sandwich board and similar free-standing, two sided signs on public or private
property is not permitted. Sandwich board signs with a valid City of Aspen permit may be
displayed until September 28, 2020. Expired sandwich board permits will not be renewed, and
sandwich board signs displayed without a permit must be removed in accordance with the City of
Aspen Municipal Code.
Section 2: Any scrivener’s errors contained in the code amendments herein, including but not
limited to mislabeled subsections or titles, may be corrected administratively following adoption
of the Ordinance.
Section 3: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: 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 5: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become
effective thirty (30) days following final passage.
Section 6:
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Sandwich Board Sign Code Update
Page 3 of 3
A public hearing on this ordinance shall be held on the 24th day of September, 2018, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of August, 2018.
Attest:
_____________________________ ____________________________
Linda Manning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this 26
th day of August, 2019.
Attest:
_____________________________ ____________________________
Linda Manning, City Clerk Torre, Mayor
Approved as to form:
_____________________________
James R. True, City Attorney
140
Page 1 of 1
MEMORANDUM
TO:Mayor Torre and City Council
FROM:Kevin Rayes, Planner
THROUGH:Jennifer Phelan, Interim Community Development Director
MEMO DATE:July 29, 2019
MEETING DATE:August 12, 2019
RE:Request to Table Item: Major Subdivision Approval to vacate a western
portion of South Aspen Street (Approximately 5,228 sq. ft.), Ordinance
No. 19 (Series of 19)
REQUEST OF COUNCIL:
The applicant is requesting to table this item for a future hearing.
SUMMARY AND BACKGROUND:
The request of the application is to vacate a western portion of South Aspen Street (approximately
5,228 sq. ft.) to the benefit of the Shadow Mountain Village Condominium Apartments. City
Council reviewed this request at first reading on July 8 and voted in favor of second reading by
setting a public hearing date for August 12.
According to the applicant, the request to vacate South Aspen Street was a result upon the voter-
approved site-plan and entitlements that were granted to the Lift 1 and Gorsuch Haus
developments. Given the recent uncertainties related to these projects, the applicant is requesting
to table the public hearing for a future date.
DISCUSSION:
Rather than continuing the hearing to a date certain, tabling an item requires the project to be re-
noticed when the Council moves to open a public hearing for a date certain.
FINANCIAL IMPACTS:
N/A
ENVIRONMENTAL IMPACTS:
N/A
ALTERNATIVES:
Council could continue this item to a date certain. However, this would not provide updated notice
of a meeting to adjacent neighbors. The applicant prefers that Council table the item instead, as
tabling an item does not require setting a specific hearing date until the applicant is ready to move
forward with the application.
RECOMMENDATIONS:
Staff recommends that Council table this item. The applicant plans to contact staff when they are
ready to move forward with the application.
CITY MANAGER COMMENTS:
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MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Phillip Supino, Principal Long-Range Planner
THRU:Jennifer Phelan, Interim Community Development Director
RE:Temporary Use Request –Silver City Ice Rink, 433 E. Durant Ave.,
Resolution No. 91, Series of 2019
MEETING DATE:August 12, 2019
APPLICANT:G.A. Resort Condo.
Association, Inc., c/o Hyatt Residence
Club, Bob Weisman, President, 415 E.
Dean St., Aspen, CO 81611
REPRESENTATIVE:Chris Bendon,
BendonAdams, 300 S. Spring St. #202,
Aspen, CO 81611
LOCATION:433 E. Durant St.
CURRENT ZONING:P -Park
SUMMARY: The applicant seeks
temporary use approval for an interim
public amenity to be located in park
area developed in conjunction with the
Hyatt Grand Aspen. The existing ice-
skating rink requires maintenance and
eventual replacement. The temporary
use approval is in lieu of a pending
appeal of the revocation of a 2018
approval for the use of “synthetic ice”
in place of the approved refrigerated
ice-skating facility.
STAFF RECOMMENDATION:Staff recommends
continuation of Resolution 91, 2019 to obtain
additional information about the details of the
proposed temporary use options. Staff further
recommends Council provide the applicant with
direction to either maintain the existing ice-skating
facility as approved, or develop either the natural,
unrefrigerated skating surface option or the park
option, contingent upon the provision of
management and site design plans. Finally, staff
recommends discussing the appropriate duration for
the Temporary Use approval.
Silver City Ice Rink
(Photo Courtesy of www.uncovercolorado.com)
REQUEST OF CITY COUNCIL:The applicant requests Temporary Use approval for a skating or park
facility during the 2019-2020 winter season in accordance with Chapter 26.450, Temporary
Uses, of the Land Use Code for a period of 140 days. The Code allows City Council to grant
temporary use approval for up to 180 consecutive days within a calendar year. The applicant
also requests City Council provide direction on the potential for an amendment to the current
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City Council Hearing – August 12, 2019
approved use of the public amenity area to permit alternative programming to the existing
refrigerated ice-skating facility. City Council is the final review authority.
LOCATION/BACKGROUND:The existing public amenity area is in the Park (P) zone district. It was
approved in 1992 as part of the Hyatt Grand Aspen development, the timeshare lodge located
at 415 E. Dean St. behind the public amenity space.
Figure 1: Area Map
Ordinance No. 12, Series 1992 granted approval for the development of the “Aspen Winter
Garden”, which was provided by the developers of the Grand Hyatt Aspen as a public park
amenity. As part of Planned Unit Development, the dedication from the developers was
provided in lieu of requirements for Subdivision, Growth Management for Essential Public
Facilities, park and water tap fees. The park area also fulfills the development’s open space
requirements. The Grand Hyatt Aspen retains ownership over the property and is responsible
for the park and associated uses.
Part of the ownership requirement is the upkeep of the ice refrigeration system which maintains
the skating surface throughout the winter season. The approval stipulates several features and
activities which must be present on the site to ensure it provides a public park amenity as
originally approved by Council. The approval includes specific language about the type of
refrigeration system provided and its maintenance. The approval requires that an ice-skating
rink be provided in perpetuity until such time as the approval is amended or the property
redeveloped.
In 2018, the applicant approached the City with a proposal to replace the refrigerated natural
ice surface with “synthetic ice”. The refrigeration system required increasing maintenance to
function properly, and the coolant used in the system (CFC-22) is scheduled to be phased-out
of use in 2020 by the EPA. Without CFC-22, modifications and additional maintenance of the
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City Council Hearing – August 12, 2019
system would be required to continue to provide an ice-skating surface. Citing maintenance
challenges and associated costs, as well as a desire to reprogram the site in the future, the
applicant requested an Insubstantial Planned Development Amendment from the Community
Development Department to replace the ice with a “synthetic ice” surface which does not
require refrigeration.
That administrative amendment was granted November 19, 2018 based on representations
made by the applicant appearing to meet the criteria for such an amendment. During the first
few months of the 2019-2020 winter season, the Community Development Department received
complaints from customers, members of the public, and City Council members about the
suitability of the synthetic skating surface and the unsatisfactory user experience. On April 2,
2019, the Community Development Director revoked the approval via letter (attached as Exhibit
B). The consequence of the revocation was the requirement that the applicant reinstate the
ice-skating amenity as described in the 1992 approval.
Subsequently, the applicant has appealed the Director’s action, the outcome of which is
pending Council review of this Temporary Use application. Should the appeal go before the
Hearing Officer and be granted, the use of the “synthetic ice” would be permitted to continue
until such time as the applicant proposes an alternative. Should the appeal be denied, the
applicant would be required to maintain the site, including the skating facility, in accordance
with the original approval. The applicant has requested that the appeal be placed on hold
while Council considers this temporary use request.
Finally, the applicant has stated a desire to discuss with Council potential future uses of the
site. That discussion may impact Council’s position relative to this land use request. However,
the future use of the site beyond that approved as part of a Temporary Use is outside of the
scope of this land use application.
CURRENT REQUEST: The applicant has proposed three uses for Council to consider under this
Temporary Use application in lieu of the approved refrigerated ice-skating rink previously
operated on the site: the continued use of the “synthetic ice”, a natural, unrefrigerated ice-
skating surface, or a park “… with outdoor seating and/or other outdoor activities for the public
to enjoy.” (Exhibit C, page 3) The three temporary use scenarios would provide the applicant
with a Council-approved use of the park site in lieu of the ice-skating amenity required by the
1992 approval.
The first Temporary Use alternative offered by the applicant is the continued use of the
“synthetic ice” surface originally approved in 2018 and revoked in 2019. This would be managed
by the Hyatt Grand Aspen, as opposed to the operators of CP Burger who previously managed
the skating operations. The applicant has stated that under this scenario, the skates and skating
surface would be maintained in a manner which provides a satisfactory skating experience. The
2018 Insubstantial PD Amendment granting approval of the synthetic surface was revoked, in
part, in response to visitor and resident complaints about the substandard skating experience
it provided. Given the public perception of the surface and its inadequate provision of a
suitable alternative to ice, staff does not support its continued use through approval of a
Temporary Use.
Aside from a mosaic of conceptual images (included as Exhibit D), the specific design, activities,
and amenities proposed under the two other alternatives have not been clearly outlined in the
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application. Typically, the Community Development Department requires detailed descriptions
of the operation, facilities, and impacts of proposed Temporary Uses. While the broad outlines
of the use of the site are established by the original park approval, there are details which
Council may require in consideration of the application and selection of a proposed alternative.
The proposed natural, unrefrigerated ice-skating surface would use “ambient air temperature”
(Exhibit C) to freeze the skating surface. There are numerous factors aside from ambient air
temperature which effect the quality and suitability of a natural skating surface, including sun
exposure, precipitation, level of use, and maintenance regimen. Maintaining an unrefrigerated
skating surface may require techniques beyond those previously employed on the refrigerated
surface to ensure the ice is safe and in suitable condition to provide a quality skating
experience. Staff suggests that, if Council is amenable to this alternative, a management plan
for the ice surface be included in conjunction with the Temporary Use approval.
Similarly, the proposed park scenario does not describe what amenities or activities would be
provided. The size of the parcel, its prominence downtown, and proximity to recreation,
lodging and transportation makes it an important and visible site. Additionally, having been
dedicated as a park in the 1992 Planned Development approval, the site is expected to provide
an active, quality amenity for locals and visitors. Beyond the description included in the
application cover letter (Exhibit C), no details are provided. The addition of park facilities to
such a visible site may create unanticipated visual impacts or change the pedestrian and user
experience in unanticipated ways. For these reasons, Council may consider requiring detailed
site plans and depictions of the features and amenities proposed for the park option before
granting Temporary Use approval.
Staff is sensitive to the applicant’s predicament regarding the life span of the refrigeration
system and the impending phase-out of CFC-22. This was a primary motivation behind granting
the 2018 Insubstantial PD amendment. However, Staff believes it is important that this site
continue to provide an engaging and pleasant amenity to the public as envisioned in the 1992
approval. As such, staff supports a process to determine the future permanent use of the site.
In the interim, staff supports a temporary use based on clearly defined site design and
management plans, and which meets the intent of the existing land use approvals. Additional
information may be required to ensure that an approved Temporary Use meets that standard.
STAFF FINDINGS:Staff has reviewed the applicant’s request against the relevant review criteria
and finds the following:
Conceptually, the proposed Temporary Uses are consistent with the existing approval for the
use of the park site. The 1992 approval envisioned ice-skating and other uses activating the
space and providing a public amenity. The proposed uses would continue to provide that
amenity while the applicant, Council, and the community discuss long-term solutions for the
use of the site.
Based on the limited representations made by the applicant, the proposed uses would not
increase impacts on the surrounding area. The design of the park option should be vetted to
ensure that it meets this criterion.
All of the proposed Temporary Use Options are subject all applicable review criteria for
Temporary Uses. Compliance with Commercial Design regulations and guidelines may be
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required depending on the extent of improvement and site alterations to accommodate the
natural, unrefrigerated ice or park options.
GROWTH MANAGEMENT:Because the proposed uses would replace an existing public amenity
required as part of a previous site-specific approval, there is no Growth Management
requirement for the proposed Temporary Use.
STAFF RECOMMENDATION:Staff recommends continuation of Resolution 91, 2019. Staff
recommends Council provide the applicant with direction to develop either the natural,
unrefrigerated skating surface option or the park option, contingent upon the provision of
management and site design plans. Should Council favor the approval of a Temporary Use, staff
recommends Council discuss the appropriate duration and terms of renewal of that Temporary
Use. Staff further recommends Council provide direction to the applicant as to the
appropriateness of consideration of alternative future uses of the site as part of a Planned
Development Amendment process.
PROPOSED MOTION (WORDED IN THE AFFIRMATIVE):“I move to continue Resolution No. 91, Series of
2019 to a date certain.”
Attachments:
Exhibit A – Staff Findings
Exhibit B – Synthetic Ice Approval Revocation Letter
Exhibit C – Silver City Ice Rink, Temporary Use Application
Exhibit D – Silver City Ice Rink, Conceptual Images
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RESOLUTION NO. 91
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE AT 433 E. DURANT AVE., LEGALLY DESCRIBED AS LOT 6,
ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273718285006
WHEREAS,the Community Development Department received an application from
Chris Bendon of BendonAdams, LLC, on behalf of G.A. Resort Condo. Association, Inc., c/o
Hyatt Residence Club, Bob Weisman, President, requesting a Temporary Use approval to
develop one of the following on the Park site at 433 E. Durant Ave. 1) a synthetic ice skating
rink, 2) a natural, unrefrigerated ice-skating rink, 3) a park, for one-hundred and forty (140)
days per year, contingent upon the active development of plans and a land use application for
the future use of the site; and
WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may
grant a temporary use approval for up to 180 days, and no more than ten (10) annual recurrences;
and,
WHEREAS, via Ordinance 12, Series 1992, the site was previously approved as a Park
and Ice-Skating Rink to provide a public amenity and open space in conjunction with the
development of the Aspen Mountain Subdivision and the lodge property presently known as the
Grant Hyatt Aspen; and,
WHEREAS,the City Council has reviewed and considered the development proposal
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered the recommendation of the Community Development Director, and has taken and
considered public comment at a duly noticed public hearing on August 12, 2019; and,
WHEREAS,the City Council approves the Temporary Use for one-hundred and forty
(140) days per year and up to five (5) annual recurrences, contingent upon the active
development of plans and a land use application for the future use of the site; and,
WHEREAS, the City Council finds that the request for the extended temporary use to be
in accordance with the applicable development standards associated with the request; and,
WHEREAS,the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
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Code, City Council hereby approves a Temporary Use request to allow the development of a
________________________ for one-hundred and forty (140) days per calendar year, from
approximately November 21 st, 2019 to March 31
st, 2020.
Section 2:
The approved Temporary Use is subject to the criteria established in Land Use Code section
26.450.040 and the final site design, maintenance and management plans submitted to the
Community Development Department. Additionally, the approved Temporary Use may be
subject to review for compliance with applicable Commercial Design Guidelines and the
Commercial Design Review regulations provided in Land Use Code section 26.412.
Section 3:
The Temporary Use on site must comply with the Outdoor Lighting Requirements outlined in
Section 26.575.150 of the Land Use Code.
Section 4:
The approved Temporary Use on site does not modify the existing approved use of the site as
described in Ordinance No. 12, Series 1992. Upon expiration of the approved Temporary Use, the
use of the site shall be returned to its existing condition or modified in accordance with an approved
Planned Development Amendment.
Section 5:
All material representations and commitments made by the Applicant pursuant to the
temporary use proposal as herein awarded, whether in public hearing or documentation presented
before the City Council, are hereby incorporated in such plan development approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 6:
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 7:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY theCityCouncil of theCityof Aspen on this 12
th dayof August 2019.
Attest:
Linda Manning, City Clerk Torre, Mayor
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Approved as toform:
James R. True, City Attorney
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Exhibit A
Staff Findings
Section 26.450.030. Criteria applicable to all temporary
uses.
When considering a development application for a temporary use or an insubstantial
temporary use, the Community Development Director or City Council shall consider,
among other pertinent factors, the following criteria as they or any of them, relate
thereto:
A. The location, size, design, operating characteristics and visual impacts of the
proposed use.
Staff Response: The application does not include site design and operational
information to assess the specific characteristics and visual impacts of the
proposed Temporary Uses. The original PD approval establishes hours of
operation and basic site design, the continuation of which under a Temporary
Use approval would not materially alter the character and visual impacts of the
site. Additional site design and management information would provide clarity
as to the applicability of this criterion.
B. The compatibility of the proposed temporary use with the character, density
and use of structures and uses in the immediate vicinity.
Staff Response: Under the “synthetic ice” or natural, unrefrigerated ice
scenarios, approval of the Temporary Use would not alter the relationship of the
site and activities thereon to the immediate vicinity. Under the park alternative,
assessment of the character, density and use of structures to the immediate
vicinity would require additional site design and programming information
beyond that provided by the applicant.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic
and traffic patterns, municipal services, noise levels and neighborhood character.
Staff Response: The “synthetic ice” and natural, unrefrigerated ice Temporary
Use options are not anticipated to alter the pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels and neighborhood character
from that currently experienced from the existing ice rink use. The applicability
of these criteria to the park option would depend on the nature and extent of the
improvements and amenities proposed.
D. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as proposed in
the application.
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Staff Response: There are no active Temporary Uses on this property. It is used
occasionally for permitted special events, which are approved through the Special
Event, rather than a Temporary Use process. Staff finds this criterion to be met.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
Staff Response: The purpose of the Park zone district, as established for the site
as part of the 1992 PD approval, was for the provision of public space and a
recreation amenity to serve the development and the public. The three Temporary
Use proposals in this application meet the intent of the zone district. Staff finds
this criterion to be met.
F. The relation of the temporary use to conditions and character changes which
may have occurred in the area and zone district in which the use is proposed.
Staff Response: The impending maintenance required for the refrigeration system
and phase-out of CFC-22 create a short-term obstacle to the use of the site in its
current configuration. The life-span of such equipment is finite, and the applicant
is actively exploring options for the future use of the site. The proposed temporary
uses would provide a stop-gap measure to ensure the site continues to provide a
public space and amenity in lieu of the approved ice-skating rink. The eventual
expiration or abandonment of the Temporary Use would be in conjunction with the
development of a Council-approved permanent use of the site. Staff finds this
criterion to be met.
G. How the proposed temporary use will enhance or diminish the general public
health, safety or welfare.
Staff Response: The proposed Temporary Uses would meet the requirement that
the site provide public space and recreation amenities which enhance the public
health, safety and welfare. Staff finds this criterion to be met.
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April 2, 2019
Mr. David Massarano, President
G.A Resort Condominium Association, Inc.
c/o Hyatt Residence Club, Grand Aspen
415 E. Dean Street
Aspen, CO 18611
(Via Certified Mail)
RE: Silver City Ice Rink Status
Dear Mr. Massarano,
On November 19, 2018, the City approved an application for an Insubstantial Planned Development (PD)
Amendment to the Aspen Mountain Planned Development. The amendment was proposed for the specific
purpose of replacing the ice on the Silver City Ice Rink with a synthetic substitute. The approval was
recorded on November 21, 2018, and is attached to this letter as Exhibit “A”. The purpose of this letter is
to inform you that numerous complaints have been submitted to the City regarding the amendment and
that following a review of the approval, the Community Development Department has determined that the
amendment was inappropriately issued and that the approval of the amendment is hereby revoked and
deemed void.
Pursuant to Land Use Code Section 26.445.110.A.1, the criteria to grant an Insubstantial PD Amendment,
includes a requirement that “[t]he request does not change the use or character of the development.” The
substitute for ice being used is a “synthetic” ice known as “Global Synthetic Ice Super-Glide SLICK.” The
application represented that this material would function substantially similar to ice and that “[f]or a casual
skater, the most notable difference would be the lack of wet and cold.”
Specific statements, with emphasis added, which led the City to approve this application, included:
• “A warming climate has presented challenges in maintaining a natural ice skating surface
throughout the winter season. This environmentally-friendly alternative will allow rink operations to
maintain the hours and window of operation mandated in the project approvals. Moreover, this will
allow visitors and locals to continue the outdoor winter experience of skating with their children
and friends under the shadow of Aspen Mountain.” Page 2 of Application Cover Letter.
• “Synthetic ice is used in public ice skating rinks all over the world. The natural ice would be replaced
with Global Synthetic Ice Super-Glide SLICK™ material, which has been successfully used at the
torch lighting of the 2014 Sochi Winter Olympics and for NHL celebrity games. Video of the product
in use can be found here – www.globalsyntheticice.com.” Page 2 of Application Cover Letter.
• “The rink will be replaced with Super-Glide SLICK material. The synthetic ice has been successfully
skated on at the Sochi Olympic Touch Lighting, NHL celebrity games, and public rinks around the
world. For a casual ice skater, the most notable difference will be the lack of wet and cold.” Review
Criteria Responses, 26.445.110.A.2. “The rink faces current operational challenges as a result of using
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natural ice in a changing climate. Approvals state the rink be operational seven days a week from
Thanksgiving to the end of March. Synthetic ice will allow rink operators to respond to the technical
challenge presented by solar gain. Arguably, global warming was known in the 90ies but synthetic
ice was likely not considered as a viable option at that time. The engineering of synthetic ice has
improved 10-fold since it’s advent several decades ago, allowing it to be considered for a suitable
skating surface for a public skating rink.” Review Criteria Responses, 26.445.110.A.4.
Further, the Hyatt indicated that the material proposed for the ice rink was chosen because of its similarity
to natural ice, and the fact that the United States is phasing out the use of CFC-22 coolant, which is used
to cool the original ice rink.
After a season of use, the City has determined that this synthetic ice has changed the character of the
development, which is inconsistent with the requirements for the Insubstantial PD Amendment. While the
product has been used in international skating rinks and events, what was not included in the application,
nor in the information available during the land use review process on the company’s website, is the fact
that this surface is fundamentally different than natural ice. The friction of synthetic ice compared to
natural ice is indisputably higher. Granted, experienced skaters may be able to train with a higher degree
of efficiency given this greater resistance and even beginner skaters may learn to be better skaters by
training on this surface. However, the purpose of the rink was to provide a skating experience to casual
skaters and families. The casual skater is not able to glide as if on ice, and their experience is more like
walking on a plastic surface than a gliding on an ice surface. It is factually false to say that “the most notable
difference will be the lack of wet and cold.” The evidence is clear that casual skaters are not able to skate.
Following the complaints received directly by the City of Aspen, we contacted CP Burger as the
operator of the rink for additional information, and they provided additional information regarding
complaints and refund requests that they had received. Attached as Exhibit B are copies of numerous
complaints that have been received by the City, as well as those passed on to the City. A few quotes
from these complaints include:
•“How disappointing that we have PLASTIC, rather than ICE, for ice skating. This may be acceptable
for ‘Holidays in Maui’ … but it sure is dismal for THE BEST, most iconic and highest profile Winter
destination in the U S of A.”
•“I am writing to you to express my great disappointment that we have lost our cherished Silver City
Ice rink. It has been replaced by some plastic “space” that produces nothing but ridicule from
passing pedestrians, and sadness from anyone who tried to use it.”
•“My daughter can’t skate is not ice. She was disappointed.”
•“We’ve been coming up from Glenwood for years and were surprised to see fake ice, not real ice.
We’re pretty good skaters & couldn’t skate on the fake ice. We were very disappointed!”
•“We were very disappointed to find the ice rink at the Hyatt now has synthetic ice! Arrived with our
small children who had their brand new figure skates & told we/they could not use them. We came
(and have come for the past four years) for traditional ice and a true Aspen/Christmas experience.
From now on, we’ll be skating at the ARC. This is not real skating!”
•“I brought my family out here for ice skating came to find out we were on plastic not ice, not working
out at all. Ice is better.”
•“The ice rink doesn’t slide properly. Me and my two brothers tried to ice skate, however, it is
impossible to slide on the fake ice.”
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• “Please add the ice back to the ice rink! Ridiculous & terrible this year!”
• “Synthetic ice is very hard to skate on – was not expecting being unable to skate.”
• “Refund! This is terrible! My kids are literally crying bc they can’t skate on this!”
• “NO ICE! The kids want to skate no walk on plastic!”
Attached as Exhibit C are a number of pictures taken on March 18, 2019, which show the surface of the
synthetic ice damaged from clearing of snow. This type of damage is not seen on real ice, and again, creates
a change to the character of the area.
Land Use Code Section 26.104.050, Void Permits, states as follows:
“All persons are presumed to know the terms and requirements of this Title and the extent
of the legal authority of the City and its employees, boards and commissions to issue
development approvals or permits. Any permit or approval issued in error or otherwise not
in conformity with the requirements of this Title, shall be void. Similarly, any permit or
approval issued in reliance upon or as a result of, a materially false statement or
representation made in the process of obtaining the permit or development approval shall,
likewise, be void. Any person having received a void or voidable permit or approval shall
not be relieved from having to comply with all applicable terms and conditions of this Title
and the City shall not be estopped from fully enforcing same.”
We recognize that the statements made were not made with the intention of misleading the City. Further,
we recognize that phasing out the use of CFC-22 coolant may be environmentally appropriate.
Nonetheless, the evidence clearly indicates that the statements which led to the issuance of the
amendment were materially false, thus changing the use and character or the initial approval.
Consequently, the City must consider the issuance of the approval as in error; thus, the approval is hereby
deemed void. Ice, created by refrigeration and/or the natural environment, pursuant to the original project
approvals, is required for the next winter season. Although CFC 22 is being phased out, numerous
replacements are available and should not delay the return of an ice surface.
Given the circumstances, the City is happy to work with you to ensure necessary building permit review
and issuance in time for the 2019-2020 winter season. Please let me know if you have any questions, or if
you would like to meet to discuss the permitting process.
Best,
Jessica Garrow, AICP
City of Aspen
Community Development Director
130 S Galena Street
970.429.2780
Jessica.Garrow@cityofaspen.com
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Exhibits:
Exhibit A: Copy of approval of Insubstantial Development Approval.
Exhibit B: Copies of complaints and refund requests
Exhibit C: March 18, 2019 Pictures of Silver City Ice Rink
CC:
Sara Ott, City of Aspen, Acting City Manager
James R. True, City of Aspen, City Attorney
Chris Bendon, BendonAdams, Owners Representative (via email)
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Exhibit A
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Exhibit A
Page 3 of 3
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Exhibit B
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Exhibit B
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Exhibit C: Photos of Surface dates March 18, 2019
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
July 17, 2019
Mr. Phillip Supino, AICP
Principal Long-Range Planner
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Silver Circle Ice Rink – Temporary Seasonal Use
Mr. Supino:
Please accept this application for a
Temporary Seasonal Use for the Silver
Circle Ice Rink. G. A. Resort
Condominium Association, Inc. c/o Hyatt
Residence Club owns and operates the
Silver Circle Ice Rink for public use. Ice
skating is offered in the winter and a
miniature golf course is offered in the
summer, both for a fee. The property is
occasionally used for ticketed special
events such as Food and Wine. This
application seeks approval for the winter
seasons.
Lot 6 of the Aspen Mountain Subdivision is zoned Public (P) with a Planned Development
(PD) Overlay. Prior to receiving the final approvals, the winter garden and ice rink were
restricted in a private covenant (Book 624, Page 52) in 1990. This covenant restricted the
use of Lot 6 as a community activity center and public ice skating rink unless otherwise
consented to by the City. Final Planned Development Approvals were granted by
Ordinance No. 12, Series of 1992. The Ordinance outlined two conditions related to the
skating surface. One stipulated the ice rink refrigeration system be designed by a
professional engineer and the other required the operator utilize CFC-22 in the ice rink
chilling system. The ice rink has operating hours of 10 am – 10 pm, seven days a week,
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
and no less than 8 hours a day. These operating hours are to be maintained from
Thanksgiving through the end of March.
The Association has had numerous discussions, internally, regarding the short-term and
long-term plans for the property. The long-term conversation has always generated ideas
for this parcel to provide greater community benefit or simply provide public benefit in a
different way. These ideas fuel the short-term conversation, which is the eventual
replacement of the entire cooling system, chillers, piping; the EPA’s position on CFC-22;
and, the amount of greenhouse gas emissions needed to maintain the ice surface.
In 2018, forced with having to make a decision regarding substantial reinvestment in the
facility, the applicant applied to the City and received approval for a synthetic ice surface
to be installed. Numerous discussions regarding the nature of the surface and the intent
of the original approvals were held between the applicant and the City. The staff review
focused on the nature of the synthetic ice, the character of the development, the
advantages of reducing greenhouse gas emissions and the pending elimination of CFC-
22 as an EPA-acceptable refrigerant. Staff stated in their approval findings:
“The request does not change the use or character of the development. The use
of the winter garden and ice rink will not change as a result of synthetic rather than
a cooled ice-skating surface. The request does not require any variations from the
projects allowed use and no changes are proposed to the approved floor area,
height or previously approved dimensional requirements. Replacement of the
chilling system by installing synthetic ice would reduce the need for the ozone-
depleting substance, CFC-22. Removing the existing system will reduce
greenhouse gas emissions, helping the City meet its Climate Action Plan goals.
Additionally, CFC-22 will no longer be available in the US after January 2020,
meaning that the cooling system will soon become obsolete.
Staff finds the request to meet all the required criteria for an insubstantial PD
amendment, as detailed in Exhibit D, Staff Findings.”
The applicant relied on this approval and proceeded to purchase and install the surface.
Six months after the approval was granted and the surface had been installed, the City
revoked the permit. No communication to the applicant proceeded this action, no
opportunity was granted the applicant to address or even hear the rationale for revoking
the permit. The approval was just reversed.
As an aside and by way of background, the leased area of the lease between CP Burger
and the Hyatt was a point of disagreement. The matter is resolved although CP may still
be in disagreement with the outcome.
Following the City’s reversal, a public records request showed conversations leading up
to the revocation between Mayor Skadron, Planning Director Jessica Garrow, and Jody
Edwards, an attorney representing CP Burger. The record seems to indicate a strategy
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
to undo the decision without opportunity for the applicant to participate, respond, or even
know of the discussion.
The applicant has appealed the revocation of the approval to the City’s Hearing Officer,
which is the proper venue to discuss the Director’s denial of the applicant’s due process
rights and her abuse of power in this reversal.
In follow-up conversations with Ms. Garrow, the applicant was encouraged by the City to
pursue long-term discussions of the parcel with the City. These could lead to a different
use of the property, still serving a public benefit. To address the immediate status of the
skating rink, the applicant was encouraged to pursue this temporary use, which could
also facilitate conversation on long-term concepts.
This temporary use application seeks a temporary approval for the continued use of the
synthetic ice material during the 19-20 winter season and for this allowance to be
automatically extended by one winter season as long as the applicant is actively pursuing
discussion with the City and/or a formal application for a long-term plan. This timeframe
is intended to allow the applicant adequate time to complete the appeal process, if
needed, and implement a revised plan.
The applicant is amenable to two alternatives for this temporary use period. We can
provide a natural ice surface that relies on ambient temperatures (no chilling system). We
expect a truly natural ice surface would not sustain after roughly March 1st, depending on
weather factors, but would be skatable for a significant portion of the winter season. We
could also install a park with seating and/or other outdoor activities for the public to enjoy.
Additional detail can be provided on this second option at the hearing.
With submission of this temporary use application, the applicant requests the appeal be
tolled – held by the City as a pending case but ceasing all action through the review of
this temporary use request. The Property is known as Lot 6, Aspen Mountain Subdivision
and is owned by G.A. Resort Condominium Association, Inc. c/o Hyatt Residence Club.
Bob Weisman is the President of the Condominium Association. BendonAdams is
authorized to represent the ownership’s interest.
We believe there are potentially different, new ways to imagine public use of this parcel
that may or may not involve ice skating. A significant investment is needed in any
circumstance and the applicant believes that a discussion of the site’s potential is
worthwhile before making such an investment. Given the public zoning of this parcel, we
would like to engage in a pre-application work session or hearings with the City Council
prior to refining an idea to bring forward in a land use application. This can avoid spending
money pursuing ideas that have no traction with the City. We can elaborate on this during
the hearing as needed.
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The Temporary Use Review criteria are addressed in Exhibit 1 and plans for the rink are
attached in Exhibit 2. We look forward to working with you on this project. Please do not
hesitate to contact me for a site visit or additional information that will aid your review.
Kind Regards,
Chris Bendon, AICP
BendonAdams LLC
Attachments:
1. Response to Review Criteria
2. Proposed Plan
3. Amendment to PUD Agreement
4. Covenant
5. Ordinance 12, 1992.
6. Pre-Application Summary
7. Application Form
8. Authorization
9. Agreement to Pay
10. HOA Form
11. Proof of Ownership
12. Vicinity Map
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Ex. 1, Page 1
Exhibit 1
Review Criteria
26.450.030. Criteria applicable to all temporary uses. When considering a development application for a
temporary use or an insubstantial temporary use, the Community Development Director or City Council
shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto:
A. The location, size, design, operating characteristics and visual impacts of the proposed use.
Response: The temporary use will mimic the existing character of the development and
has already been approved by the City. If a synthetic surface is not acceptable, a natural
ice surface or park with seating can be created.
B. The compatibility of the proposed temporary use with the character, density and use of structures and
uses in the immediate vicinity.
Response: The ice skating rink or a semi passive park will continue to be compatible with
the surrounding character, density and uses in the immediate area.
C.
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Exhibit 3196
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202
203
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Exhibit 4
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Exhibit 5208
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow, 429.2780 DATE: 7.1.2019
PROJECT: Silver City Ice Rink Winter Temporary Use
REPRESENTATIVE: Chris Bendon, BendonAdams
TYPE OF APPLICATION: Temporary Use
DESCRIPTION:
The prospective applicant, Hyatt Grand Aspen, is interested in pursuing a temporary use approval for the
Silver City Ice Rink during the 2020 winter season. This will require review and approval by City Council.
The prospective applicant is interested in talking with City Council about potential short-term options
related to the ice rink. These include:
1.Have a natural ice skating surface, potentially through spraying the area with water and using the
natural freeze cycle to create a skating surface, or
2.Use a synthetic ice system and associated equipment to create a skating surface, or
3.Cease skating and convert the area to another use (such as outdoor seating, dining, and the like).
Because of the Silver City Ice Rink’s location, a Commercial Review may be required. If new structures or
decorations beyond the skating surface are proposed, this could trigger a Commercial Design Review,
pursuant to Chapter 26.412 is required. At this time, staff believe option 3 would require some
commercial design review, and depending on additional equipment or structures, options 1 and 2 might
require a review. Staff can assist the applicant as the application moves forward.
Requirements for Temporary Use Structures
26.450.030. Criteria applicable to all temporary uses.
When considering a development application for a temporary use or an insubstantial temporary use, the
Community Development Director or City Council shall consider, among other pertinent factors, the
following criteria as they or any of them, relate thereto:
A.The location, size, design, operating characteristics and visual impacts of the proposed use.
B.The compatibility of the proposed temporary use with the character, density and use of structures
and uses in the immediate vicinity.
C.The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns,
municipal services, noise levels and neighborhood character.
D.The duration of the proposed temporary use and whether a temporary use has previously been
approved for the structure, parcel, property or location as proposed in the application.
E.The purposes and intent of the zone district in which the temporary use is proposed.
F.The relation of the temporary use to conditions and character changes which may have occurred
in the area and zone district in which the use is proposed.
Exhibit 6
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G. How the proposed temporary use will enhance or diminish the general public health, safety or
welfare.
Relevant Land Use Code Section(s):
26.304 Common Development Review Procedures
26.312 Commercial Design Standards
26.450 Temporary and Seasonal Uses
Land Use Code:
https://www.cityofaspen.com/191/Municipal-Code.
Land Use Application:
https://www.cityofaspen.com/DocumentCenter/View/1835/Land-Use-Application-Packet-2017.
Review by:
• Staff for complete application and recommendation
• Public hearing before City Council for approval
Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are
billed at a rate of $325/hour)
Referral Fees: none
Total Deposit: $1,300
To apply, first submit one copy of the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur.
A letter or other approval from the property owner indicating they consent to the proposed use.
Proof of ownership in the form of a title commitment or a letter from an attorney licensed in the
state of Colorado
Applicant’s name, address and telephone number in a letter signed by the applicant that states
the name, address and telephone number of the representative authorized to act on behalf of the
applicant.
HOA Compliance form
219
A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development
application and relevant land use approvals associated with the property.
Pictures of the proposed structure.
A sketch plan of the site showing property lines and existing and proposed features relevant to the
temporary use and its relationship to uses and structures in the immediate vicinity.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Once the copy is deemed complete by staff, the following items will then need to be submitted:
A complete digital copy of the application, including all items listed above.
Total deposit for review of the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that may or
may not be accurate. The summary does not create a legal or vested right.
220
Silver Circle Ice Rink - Temporary Use
2737-182-85-006
G.A. Resort Condominium Association, Inc., c/o Hyatt Residence Club; Bob Weisman, President
415 E. Dean Street; Aspen, CO 81611
970-429-9100 rwweisman@gmail.com
BendonAdams
300 So. Spring St. #202; Aspen, CO 81611
925.2855 chris@bendonadams.com
Lot 6 of the Aspen Mountain Subdivision was granted approval to develop a synthetic ice surface
for wintertime use. The approval was revoked after installation. The application seeks a
temporary winter garden with either synthetic ice, natural ice but without a chiller, or a non ice
surface for a semi-passive winter park.
na na na
na na
1,300
Exhibit 7
221
Exhibit 8
222