HomeMy WebLinkAboutagenda.council.regular.202207261
AGENDA
CITY COUNCIL REGULAR MEETING
July 26, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT 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 #093, Series of 2022 - Paepcke Transit Hub Change Order 2
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VI.B.Resolution #094, Series of 2022 – Lumberyard Design Team Contract Amendment
to Add 2022 Entitlements Planning Services and Related Consulting Services
VI.C.Draft Minutes of June 30th, 2022; July 12th, 2022; and July 18th, 2022
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
VIII.A.Ordinance #15, Series of 2022, 470 Rio Grande Place, Theater Aspen, Minor
Amendment to a Planned Development Project Review Approval
IX.PUBLIC HEARINGS
X.ACTION ITEMS
XI.ADJOURNMENT
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MEMORANDUM
TO:Mayor and Council
FROM:Michael Horvath, PE, Project Manager
THRU:Tricia Aragon, PE, City Engineer
Scott Miller, Director of Public Works
Pete Rice, PE, Deputy City Engineer
DATE OF MEMO:July 19, 2022
MEETING DATE:July 26, 2022
RE:Council Meeting - Paepcke Transit Hub Project Change Order
REQUEST OF COUNCIL: Staff is recommending approval for a change order to the
construction contract with Gould totaling $230,695.
SUMMARY: Council approved a contract withGould Constructionon March 8, 2022and Change
Order 1 on May 10, 2022, for the construction of the Paepcke Transit Hub Project. Since that time,
staff have discovered a displaced section of stormwater pipe adjacent to the project. Staff is
requesting Council approve Change Order 2 to the Gould construction contract to include
replacement of the displaced section of pipe.
BACKGROUND:The Paepcke Transit Hub project seeks to improve access, comfort and safety for
users of transit, bike share, car share and pedestrian/cycling options at one of the busiest locations in
Aspen. Specifically, the Paepcke Transit Hub project will:
Create a safer inbound transit stop on Garmisch Street by providing a formal bus stop and
supporting pedestrian connections.
Create safer pedestrian crossings at intersections at or near Highway 82 and Garmisch Street
by improving the geometric design of pedestrian routes, the visible site lines between vehicles
and pedestrians and pedestrian crossing indications.
Create a safer, more comfortable transit stop for outbound passengers at Aspen’s second
busiest outbound bus stop by providing a shelter, real time transit signage, trash receptacles
and other amenities.
Provide power to the car and bike share stations, allowing for the installation of an electric car
share vehicle and electric bikes at this key location as well as increased bike share capacity.
Several areas near the outbound bus stop need improved slopes to convey storm water properly.
During rain events or a snowmelt period, considerable amounts of water pool near the outbound
bus stop creating unsafe and uncomfortable conditions. Pedestrians need to walk through water
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and ice during several periods of the year making it difficult to load buses. The project plans to
improve the stormwater system in the vicinity of the proposed surface improvements.
This project was designed in 2020 & 2021, with extensive outreach to the community. Council
approved the design in 2021. Gould Construction was chosen as the construction contractor and
the contract was approved by Council on March 8, 2022.
DISCUSSION: The project team recently exposed the existing storm main line in Garmisch Street
to install an inlet box at the proposed tie in location (north side of Main St at Garmisch St). That
section of stormwater pipe connecting to inlet box and conveying flow from under Main Street is
located approximately 1’ higher in elevation than the design elevation due to displacement. This
was/is contributing to the storm line deteriorating to the point of possible failure as it does not
allow for positive drainage/conveyance within the existing pipe system. Another 57 linear feet of
pipe and a new manhole are required to create positive drainage within the storm system.
The project design team did not have access to this area of the storm pipe during the
survey/information gathering stage of the project because this section of pipe was inaccessible.
Because the design team was unable to access this section of pipe, engineering assumptions were
made to design the system per industry best practices. Displacement of the pipe created a situation
in which the assumptions/design did not account for.
The storm line elevation at the tie in point (outfall) prevents positive flow through the storm system
during storm events. This creates a ponding situation within the inlet box and surrounding pipes,
which over time will deteriorate the infrastructure quickly. In the picture below the existing outfall
on the right side of the picture is above the newly installed concrete pipe, creating negative
drainage. Therefore, staff recommends immediate replacement to create a functioning storm
system in the area.
Picture 1: Existing Pipe Elevations with Temporary Tie In’s
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Staff finds great benefit that a project is already planned in the area. A portion of this pipe was
already included in the project design, budget, and construction contract. However, an additional
57 linear feet was determined necessary for replacement to create positive drainage and therefore
a change order of $230,695 is requested. This additional scope to the project does not require
significant additional design and does not change the above-surface portions of the approved
design. This addition to the project will minimally increase the duration of the project.
All the contracts are listed in detail under the FIANCIAL/BUDGET section of this document.
FINANCIAL/BUDGET IMPACTS: Funding for the change order 2 will be provided from the
Stormwater Fund (160 Fund) and will be formally requested during the 2022 Fall Supplemental.
Funding:
2022 Paepcke Transit Hub Project: Phase 5 $1,650,000
2022 Small Lodge Fund $79,418
2022 Utility Distribution Maintenance Fund $77,364
2022 Electrical Cable Replacement Fund $103,520
2022 Spring Supplemental (Transportation Account) $685,331
2022 Spring Supplemental (Amp Fund) $685,331
2022 Reappropriated Engineering Projects $1,133,064
2022 Fall Supplemental (Stormwater Fund Change Order 1) $238,840
2022 Fall Supplemental (Stormwater Fund Change Order 2) $230,695
TOTAL $4,883,563
Expenditures
Construction Administration (Design Consultants) $45,688
Construction Geotechnical Inspections & Testing (Ground Engineering) $18,170
Construction Inspections/Management (Phil Vaughan Construction Management) $163,849
Tree Removal (Aspen Tree Service) $4,365
Public Outreach (PR Studio) $45,975
Construction Contract(Gould Construction) $4,000,160
Change Order 1 (Gould Construction) $238,840
Change Order 2 (Gould Construction) $230,695
Contingency (approx. 3%) $135,821
TOTAL UP-FRONT COSTS $4,883,563
Reimbursements
CDOT MMOF Grant $650,392
CDOT RMS Grant $150,000
Main St Bakery Development $6,840
RFTA $50,000
TOTAL REIMBURSEMENTS $857,232
TOTAL AFTER PROJECT REIMBURSEMENTS $4,026,331
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ENVIORONMENTAL IMPACTS: The project seeks to increase the usability of the entire
corridor for alternative methods of transportation. The improved bus stops and amenities with
greater pedestrian connections should upsurge the use and convenience for bus riders in the area.
The new paver We-Cycle stations will increase the capacity of the bike share program as well as
provide infrastructure for future electrification of the shared bikes. Two electrical vehicle (EV)
charging stations will be installed; one for public use and one for Car-to-Go. The EV charging
stations will decrease the reliance on fossil fuels and influence individuals towards the use of
electrical vehicles. This proposed combination of infrastructure ultimately will produce more
multimodal users within the City of Aspen with less reliance and use of fossil fuel vehicles.
RECOMMENDATION: Staff recommends Council approve the construction Change Order 2
to the contract with Gould Construction in the amount of $230,695.
PROPOSED MOTION:“I move to approve Resolution No. 093, Series of 2022.”
ALTERNATIVES: Staff has explored the below alternative options:
1) The City can postpone the replacement of the displaced stormwater system. This would likely
increase eventual replacement costs as the City would be responsible for paying contractor
mobilization, traffic control, etc.outside of an existing project. This would also cause an additional
period of disruption to the community. If the stormwater pipe continues to remain in place, it will
negatively affect the newly installed infrastructure installed by the Paepcke Transit Hub project by
creating a ponding issue within the infrastructure.
CITY MANAGER COMMENTS:
______________________________________________________________________________
ATTACHMENT A – Construction Change Order Form
ATTACHMENT B – Scope of Change Order 2
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Change Order Form Revision 12/08/2021
Page 1 of 2
Change Order Form
General Information
Vendor Gould Construction
Change Order Number 2
Date of Issuance
Project Name Paepcke Transit Hub
Project Number 50486
Project Completion Date June, 2023
Project Manager Mike Horvath
COA Account Code 000.327.81200.57210.50486
Project Information
Description Of Service Construction of the Paepcke Transit Hub project
Description Of Change
Order
Additional Storm Line Replacement north of Main St
Contract Information
Original Contract Amount $4,000,160
Previous Change Order(s) $238,840
DocuSign Envelope ID: F94BA639-6970-4B43-81EF-DE25C49474C4
2021-187
July 14 2022
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Change Order Form Revision 12/08/2021
Page 2 of 2
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
$230,695.00
Final Contract Amount
(Including All Change
Orders)
$4,469,695.00
Revised Completion Date June 2023
Signature
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy “Change Orders And Add Services
Request” (page 30).
DocuSign Envelope ID: F94BA639-6970-4B43-81EF-DE25C49474C4
7/15/2022 | 10:16:26 AM MDT
7/15/2022 | 9:23:16 AM PDT
7/15/2022 | 2:07:26 PM MDT
7/15/2022 | 2:45:52 PM MDT
7/15/2022 | 3:59:16 PM MDT
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Peapcke - (North Garmisch) 48" RCP Storm Drain
6874 HWY 82, Glenwood Springs, CO 81601
P.O. Box 130, Glenwood Springs, CO 81602
Evan Shintaku
720-537-1389
Contact:
Phone:
Fax:
Job Name:Quote To:Mike Horvath
Date of Plans:Attn:
Address:
Phone:Proposal Date:6/28/22
Email:eshintaku@gouldconstruction.com
AMOUNTITEM DESCRIPTION QUANTITY UNIT UNIT PRICE
Mob and GCs LS1.00 1 1,778.00 1,778.00
Remove 36in CMP LF57.00 10 45.00 2,565.00
Removal of Asphalt (if needed)SY10.00 15 40.00 400.00
Remove Asphalt Mat (planing) (if needed)SY10.00 18 21.00 210.00
Removal of C&G (if needed)LF45.00 19 48.00 2,160.00
Removal of Sidewalk SY19.00 20 117.00 2,223.00
Curb and Gutter (if needed)LF45.00 23 105.00 4,725.00
Sidewalk SY19.00 24 166.00 3,154.00
HMA Patching if required)TON6.00 25 337.50 2,025.00
Concrete Collar around 48" RCP into inlet (if need EA1.00 29 3,300.00 3,300.00
48in RCP LF57.00 30 586.00 33,402.00
Tie-in RCP to existing CMP EA1.00 31 3,600.00 3,600.00
Cut 60" x 60" hole into inlet and grout EA1.00 32 4,200.00 4,200.00
Aggregate Base Course (Class 6) Final 4ft CY115.00 33 202.50 23,287.50
Flowfill (up to top of pipe)CY65.00 35 290.00 18,850.00
Repair sprinkler system (allowance)LS1.00 40 1,500.00 1,500.00
Install Sod SF320.00 45 6.00 1,920.00
DECIDUOUS TREE (4 INCH CALIPER)EA1.00 46 1,260.00 1,260.00
Potholing HR4.00 50 670.00 2,680.00
GRAND TOTAL 113,239.50
NOTES:
Qualifications/Notes:
4 working days to be added to the construction schedule.
1. Proposal is valid for (30) calendar days.
2. Davis-Bacon and/or prevailing wages are excluded.
3. Any item not specifically mentioned in the scope of work is excluded.
5. Material/Soils testing is excluded.
6. Special Insurance (Can be provided at additional cost).
Page 1 of 2
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Peapcke - 8ft MH N Garmisch
6874 HWY 82, Glenwood Springs, CO 81601
P.O. Box 130, Glenwood Springs, CO 81602
Evan Shintaku
720-537-1389
Contact:
Phone:
Fax:
Job Name:Quote To:Mike Horvath
Date of Plans:Attn:
Address:
Phone:Proposal Date:5/2/2022
Email:eshintaku@gouldconstruction.com
AMOUNTITEM DESCRIPTION QUANTITY UNIT UNIT PRICE
Mob and GCs LS1.00 1 3,000.00 3,000.00
Remove Existing MH EA1.00 5 4,500.00 4,500.00
Remove Asphalt Mat SY12.00 15 40.00 480.00
Removal of Sidewalk SY13.00 17 117.00 1,521.00
Remove Asphalt Mat (planing)SY5.00 18 21.00 105.00
Removal of C&G LF20.00 19 48.00 960.00
Aggregate Base Course (Class 6) Final 4ft CY60.00 20 202.50 12,150.00
Flowfill (bottom Half)CY60.00 22 290.00 17,400.00
Curb and Gutter LF20.00 23 105.00 2,100.00
Sidewalk SY17.00 24 166.00 2,822.00
HMA Patching TON5.00 25 337.50 1,687.50
Allowance - Relocate / Work with Primary Electirc LS1.00 26 6,000.00 6,000.00
12in and 6in pup and tie in LS1.00 32 2,300.00 2,300.00
36in CMP pup and tie in LS1.00 33 5,400.00 5,400.00
8ft Manhole EA1.00 35 41,700.00 41,700.00
TC - Fence and Barricade LS1.00 44 2,400.00 2,400.00
TC - Garmisch Closure DAY5.00 45 350.00 1,750.00
Potholing HR10.00 50 670.00 6,700.00
Install Sod SF120.00 60 6.00 720.00
DECIDUOUS TREE (4 INCH CALIPER)EA1.00 61 1,260.00 1,260.00
Allowance - Remove and Rewled Hand Rail (if
needed
LS1.00 70 2,500.00 2,500.00
GRAND TOTAL 117,455.50
NOTES:
Qualifications/Notes:
5 working days to be added to the construction schedule.
1. Proposal is valid for (30) calendar days.
2. Davis-Bacon and/or prevailing wages are excluded.
3. Any item not specifically mentioned in the scope of work is excluded.
Page 1 of 2
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RESOLUTION #93
(SERIES OF 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND GOULD CONSTRUCTION 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 change
order for additional storm system replacement, between the City of Aspen and
Gould Construction, 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
Change Order for, $230,695 between the City of Aspen and Gould Construction 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 26 day of July 2022.
Torre, Mayor
I, Nicole Henning, 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, July 26, 2022.
Nicole Henning, City Clerk
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MEMORANDUM
TO: Mayor and Council Members
FROM: Chris Everson, Affordable Housing Development Project Manager
THROUGH: Rob Schober, Capital Asset Director
MEMO DATE: July 18, 2022
MEETING DATE: July 26, 2022
RE: Resolution #094 of 2022 – Lumberyard Design Team Contract
Amendment to Add 2022 Entitlements Planning Services and
Related Consulting Services
REQUEST OF COUNCIL: Staff is requesting approval of Resolution #094 of 2022 and
the associated contract amendments with Cushing Terrell as described below.
BACKGROUND: On July 27, 2021, Aspen City Council approved the initial contract with
Cushing Terrell as architecture and engineering (AE) design team lead for the
Lumberyard affordable housing development.
The contract was recently amended on June 27, 2022 to add Design Development (DD)
design services and design support for the land use entitlements process, and the
contract sum was updated to be $1,622,855.00.
In a memo to Council regarding the June 27, 2022 contract amendments, staff described
the necessity for additional services related to further air quality study, operational
process and property management consulting, and additional project financing
consulting. The memo also described that the ongoing role of project entitlements planner
will be adopted by Cushing Terrell. Staff informed Council at the time that those additional
services would be presented to Council for approval at either the July 12 or July 26 City
Council regular meeting consent agenda.
DISCUSSION: With the land use entitlements public hearing process approaching, the
additional services described below are now needed:
(1) Entitlements Planning and Facilitation: The ongoing role of project planner will be
adopted by Cushing Terrell. It is necessary to plan for the upcoming land use
entitlements process. Cushing Terrell will be adding experienced entitlements
planning staff to the project team to take on this role. Collaboration, research and
development of the Lumberyard affordable housing development ap plication and
preparation and support for the land use public hearing process is set to be underway.
As part of this additional fee with Cushing Terrell, the project team is planning to
present a draft of the Lumberyard affordable housing development application in
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additional community outreach and to City Council in September and October 2022.
With public feedback in hand at that time, the project team will seek Council approval
to submit the development application to the City of Aspen Community Development
Department. This will kick off the formal land use entitlements public hearing approval
process for the Lumberyard affordable housing development, and Cushing Terrell will
facilitate planning activities related to that process through the end of 2022 as part of
this additional fee. Additional Fee: $333,754.00
(2) Operations and Property Management Consulting: At the 100% SD Council work
session on May 16, 2022, the team began to hear many questions about the future
operational processes and staffing needs for the proposed Lumberyard facilities. Tim
Zaleski is a property management consultant based in Denver and former president
of a nationally acclaimed leader in the operational management of affordable housing
developments. Mr. Zaleski will analyze current operating cost data in the Aspen
market and estimate operating costs for the Lumberyard facilities, including
anticipated staffing needs for operations and upkeep of the facilities.
Additional Fee: $20,000.00
(3) Air Quality / Environmental Consulting: At the Aspen City Council work session on
May 16, 2022, there were questions about a need for further air quality study for the
Lumberyard site. Although, the air sample test results to this point suggest ambient
concentrations of possible air toxics to be at safe levels when measured using 24-
hour sampling, questions remain about whether there may be additional appropriate
benchmarks or guidelines for comparison of the test results and whether additional
testing is needed. Leonard Slosky is a Colorado registered Professional
Environmental Scientist and a California Registered Environmental Assessor with
over 30 years of experience. He is an active member of the ASTM committee that
developed ASTM Standard Practices for Environmental Site Assessments. Mr. Slosky
will conduct a technical peer review of the 2022 Air Resources Specialists Lumberyard
Air Monitoring Data Report. As part of his peer review, Mr. Slosky will focus on
appropriate benchmarks for comparison of the test results to date, any gaps in the
testing methodology and recommendations on further testing as needed based on his
professional opinion. Mr. Slosky will also provide consulting services related to
additional overall project environmental readiness such as asbestos testing and
recyclability of existing on site materials. Additional Fee: $28,000.00
(4) There is a need for ongoing financial planning and financing consultation. As the
project progresses nearer to being “shovel-ready”, it becomes more crucial to plan for
and engage further with administrators of state and federal funding sources that can
be leveraged to support the implementation of the Lumberyard affordable housing
project. As part of this additional fee, Tom Currell with Currell Program Management
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will continue to work with the team to refine the landscape of potential funding sources,
research, correspond, and prepare a funding matrix that identifies grant and loan
resources the City can tap into for each phase of implementation for the Lumberyard
project.
Additional Fee: $36,652.00
Total Additional Fees for Approval 7/26/2022 $418,406.00
Updated Cushing Terrell Contract Total: $2,459,667.00
FINANCIAL IMPACTS: The additional services described above have been customized
to fit with the remaining available project budget for 2022. As the project effort moves into
2023, additional scope of services will be further analyzed and proposed for continued
project advancement. The project budget for 2023 will be proposed as part of the City’s
usual annual budget process and will be discussed during the upcoming City Council
budget work sessions in October.
The following information is included to provide context around the pace of expenditures
to this point in the project:
The recent City of Aspen / Aspen Housing Partners PPP rental projects which created 45
new rental units at 802 West Main Street, 517 Park Circle and 488 Castle Creek had
about 11% of development costs in design, engineering and professional services soft
costs. The City's current Burlingame Ranch Phase 3 project has about 12% of
development costs in design, engineering and professional services soft costs.
Due to the scale economy afforded on this project, the 100% SD phased project estimate
which was presented to Council at the May 16, 2022 Aspen City Council work session
includes about 8% of development costs in design, engineering and professional services
soft costs, or approximately $30 million over the course of a 13 year implementation plan.
Including the June 27, 2022 approved DD design services and the additional services
described herein, nearly $3 million in design, engineering and professional services soft
costs have been contracted to date. Of that amount, about $1.6 million have been paid
out to this point.
The $3 million in services contracted through the end of DD equates to about 10% of the
total design, engineering and professional services soft costs estimated for the project ,
while the $1.6 million spent to date is just under 5.5% of design, engineering and
professional services soft costs estimated for the project.
Considering the services described will bring the project through 100% DD and about
50% of the way through the entitlements approval process, this is neither an alarming nor
atypical pace of professional services contracting and expenditure for a development of
this nature and scale. These benchmarks instead suggest that Council is exercising an
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Page 4 of 4
appropriate standard of care as it relates to the overall planning, design and engineering
due diligence for the project.
RECOMMENDATIONS: Staff recommends approval of Resolution #094 of 2022 and the
associated contract amendments.
CITY MANAGER COMMENTS:
EXHIBITS: Exhibit A: Cushing Terrell Add Services AIA G802 Contract Amendment
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RESOLUTION #094
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT AMENDMENT BETWEEN THE
CITY OF ASPEN AND CUSHING TERRELL, AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract
Amendment between the City of Aspen and Cushing Terrell, 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 the Contract
Amendment between the City of Aspen and Cushing Terrell, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said Contract Amendment on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 26th day of July, 2022.
Torre, Mayor
I, Nicole Henning, 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 July 26, 2022.
Nicole Henning, City Clerk
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2022
At 2:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow present.
PUBLIC HEARINGS:
Ordinance #13, Series of 2022 – Residential Building – Response to Moratorium and
Ordinance #14, Series of 2022 – Annual Update to Housing Fee-in-Lieu
Phillip Supino, Community Development Director; Ben Anderson, City Planner; and Jessica Garrow,
Design Workshop; were present to discuss both Ordinances.
Mr. Supino said they have prepared responses for what was asked on Tuesday night. He said the way
that staff engaged with the public, they heard from hundreds of respondents from a broad variety of
people. Tuesday night, we heard from a narrow group of people who are affected.
Mr. Supino explained the difference between option 1 and option 2.
Councilor Richards said she can support either direction, but tends to believe the original ordinance is
sufficient, but would make a modification to increase the annual allotments to eight and leave the
multiyear process in place.
Councilor Mesirow said he favors option 1. We don’t want to create an unfair playing field.
Councilor Hauenstein said it seems like everyone is on the same page with option 1.
Mayor Torre said he still supports option 2. He said option 2A is a creation of somewhere in between.
Council continued discussion.
Councilor Richards motioned to approve Ordinance #13, Series of 2022 with the language changed to
include section 2A as we’ve seen here on screen and make any other language changes in the document
for alignment; Councilor Hauenstein seconded.
Councilor Mesirow said he appreciates the goal of having a unified approach and is asking for an
amendment to the motion and go from eight to seven.
Councilor Doyle said he’s disappointed. He will go along with Councilor Mesirow’s suggestion of raising
to seven.
Councilor Richards said she’s not supportive of that change.
Councilor Mesirow motioned to amend the motion to adopt with option 2A but limiting the additional
number from 2 to one; Councilor Doyle seconded.
James R. True, City Attorney, said to clarify, the motion is to amend the second sentence there where it
says “up to two allotments”, so it should say, “one additional allotment”.
Mayor Torre said he does not support the amendment to the motion.
Councilor Hauenstein said he’d like to stick with the original and doesn’t support the amendment.
Roll call vote: Doyle, yes; Hauenstein, no; Mesirow, yes; Richards, no; Torre, no. 2-3, motion fails.
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2022
Councilor Mesirow said democracy is messy and that’s a feature, not a bug. He said he will be
supporting this.
Mayor Torre said he supports the demolition regulations they are looking at; he supports the
appropriate affordable housing mitigation on residential building development, he supports a
streamlined approval process, and supports the additional inclusive affordable housing opportunities.
He will be supporting this motion today.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilor Hauenstein moved to approve Ordinance #14, Series of 2022; Councilor Richards seconded.
Councilor Richards noted that we had a public discussion on this ordinance on Tuesday night as well.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilor Mesirow motioned to adjourn; Councilor Richards seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_____________________________
Nicole Henning, City Clerk
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow present.
Mayor Torre addressed all of the people in the room for public comment and said he wanted to read
them the project goals regarding the downtown living lab. The project first came to them on February
1st, 2021, and they have had multiple outreach sessions.
PUBLIC COMMENT:
Kenny and Robin Smith – Mr. Smith said they are the owners of Meridian Jewelers in the 500 block of
Cooper for the past 20 years and have been locals longer than that. The city wanted to have a greater
degree of outreach and he has been invited in to participate. He said a lot of people didn’t know about
what was happening, but he was personally invited. He’s all for safety in the core and we feel people
should be able to access the core via every method. He said over and over not to eliminate parking
spots. He was thanked for his feedback and then everything just kept moving forward. There was no
public comment at work sessions and that was the last meeting he was invited to. He felt the process
was disingenuous. If there is a constant creep of removing parking, we are seeing a lot of pain. A lot of
people have been asking what’s going on. We started an informal petition and in one week, we got 1019
signatures and that’s a pretty significant expression of discontent. We think it’s creating a really bad
energy in the core. The cars are just looping and looping. The Aspen Times also did a survey with 782
respondents and 27% of people said they avoid downtown.
Councilor Hauensteinthanked them for their efforts during COVID.
Pat Degelo – Ms. Degelo said she is a long time local and owns a small business. She said she was part of
the zoom meeting in March. There was no one in that meeting who was all for us. She said last weekend
she walked to most of the stores and asked if they received any communication, most said no and the
ones who said yes, opposed it. It makes the downtown core unsafe. Cars are just driving around in
circles. The emission is worse now. The older generation is very frustrated. She doesn’t know how this is
going to go and she doesn’t want to lose her business. The communication was not there.
Joe DiSalvo – Mr. DiSalvo is a resident of west end and 50% business owner and your Sheriff. He is also
an avid cyclist. Friday night he had an interaction in the bike lane in front of the Elks building. He crashed
his bike. It’s a preventable accident. His only product is safety. He looks at the lab and it’s not the model
of safety, it’s the exact opposite. Instead of preventing another tragedy like what we saw when the little
girl was killed, we are almost encouraging another one. This is more accidents waiting to happen. This is
your opportunity to make these changes now. This council is faced with a dilemma. What is king? Are
cars king? Are bikes king? Are pedestrians king? It’s one big traffic jam. He also hopes that you start
limiting level 3 bikes because they are also an accident waiting to happen. Level 1 only should be
allowed.
Maria Morrow – Ms. Morrow said has been a valley resident for the past 25 years and purchased a free
market house. She is here to talk about the demolition permit and she’s asking them to reconsider it.
Picking winners, such as, people who have lived in their homes for 35 years to receive the demo permits,
is discriminatory. It’s really unfair that people who own housing here, they get to escape from the GMQ
program. You need to manage impacts and not declare winners and losers. Since she hasn’t been here
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
35 years, she’s at a disadvantage. You can’t impose different codes for different people. This was a
discriminatory decision.
Councilor Hauenstein said everyone has a shot and a free shot. We aren’t discriminating. We’re not
automatically giving other people a permit.
Councilor Richards said there is no exemption.
Lea Novgrad – Ms. Novgrad said she is here speaking about the traffic at the roundabout. She’s lived
here since 2018. She was looking at the golf carts and thought it would be a nice idea to schedule people
to pull into driveway and take golf carts into town.
Public comment closed.
COUNCILMEMBER COMMENTS:
Councilor Doyle said heis thankful the monsoon has returned. Keep the rains coming.
Councilor Richards saidshe corrected herself that it takes 15 extra hours of commute time from
Glenwood. Like other women in the country, she feels very strongly about what has happened with our
Supreme Court reversing the reproductive decisions people can make. The effects are felt on the
ground. This decision will affect roughly 77k families a month because that’s the number of women
getting abortions on average.
Councilor Hauenstein said he had a nice meeting last night and then went home to relax and do some
reading and got stung by a bee and ended up in the ER. Now he keeps an epi pen in his bag and feels
very grateful for the Aspen Valley Hospital and for his nurse, Torre. He said the Ukrainian people still
need support and supplies. The money contributed is going right to the defenders within 24 hours of
when it arrives.
Councilor Mesirow said he is glad Councilor Hauenstein is ok. Councilor Richards was talking about the
4th and with COVID, it has been weird the past couple of years. Town feels weird and the energy has
shifted, but on the 4th, the whole thing was tremendous and felt like we are back. There was dancing in
the streets and kids playing. It feels like we’re getting back to our pace and it’s a beautiful thing. The
mass shooting that took place on the 4th was in his hometown of Highland Park, Illinois. Our bubble is
permeable, and we need to be mindful of all these threats. Hug a stranger has become a motto.
Mayor Torre said he’s getting a lot of calls from longtime renting locals who are being displaced because
there is no opportunity for housing. Last night there was a friend of his grabbing boxes in his alley and
this person makes a good living in the legal field. It’s going to get worse before it gets better. Sometimes
people need someone to talk to and made mention of the Hope Center. Please reach out to the Hope
Center with 24-hour availability as well as Aspen Strong. At the end of August, the Latin X fest is going on
here in Aspen. This is somewhat of a summit. He will be a host and coordinator and will be doing this on
his own behalf and will be representing council as well and wants to make sure everyone is comfortable
with that.
CITY MANAGER COMMENTS: None.
BOARD REPORTS:
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
Councilor Richards said she will be driving to Durango for Club 20.
Councilor Mesirow had NWCOG and said they reviewed goals and objectives for the next year and
discussed the mountain migration study update.
Councilor Doyle mentioned that CORE chose a new executive director, Dallas. Ryland French also works
there now too and will be assisting Dallas.
Mayor Torre said he has a meeting this Thursday for RFTA.
CONSENT CALENDAR:
Councilor Hauenstein pulled Resolutions #078 and #082.
Councilor Richards pulled Resolution #089. Mayor Torre pulled Resolution #081.
Resolution #078, Series of 2022 – Contract with Revision, Inc. for Replacement of the Home Trek
Customer Portal –Diane Foster and Matthew Gillen
Councilor Hauensteinsaid these two have inherited this and Cindy Christensen was instrumental in this.
This has been a really expensive project. This contract is for little glitches and improvements.
Mr. Gillen said we were hoping to achieve significant savings. The money is shared between city and
county and hoping this will increase community access to Hometrek. We are hoping this will make a big
difference for clients and customers. The system is tricky right now.
Sara Ott, City Manager, said this wasn’t an appropriation, it’s just for a change of vendors.
Resolution #081, Series of 2022 – Contract with Raftelis Financial Consultants, Inc. for Utilities Water
and Electric Rate Study and Plan – Tyler Christoff and Cole Langford
Mayor Torre asked them to share how we scored on our drinking water.
Mr. Christoff said the report was shared on the June customer bill. It’s a report card of our annual
testing and summarizes what they test for. The big takeaway is that Aspen is very lucky to have the
source water that we do. They will also do drinking water tests upon concern.
Resolution #082, Series of 2022 – Approval of Professional Services Agreement with Harry Teague
Architects for the Red Brick Study and Plan – Sara Roy
Councilor Hauensteinsaid it’s a celebration to have Harry Teague involved in this project.
Ms. Roy said they put out a formal RFP with two applicants and he was chosen, and his price point came
back very competitively.
Councilor Richards said Harry was a key player in saving the Red Brick.
Resolution #089, Series of 2022 – Entrance to Aspen Public Education and Communication Services
Contract – Trish Aragon and Diane Foster
Councilor Richards said they did a site visit in the west end today and were able to observe the traffic
going through the west end and it is a great concern. She appreciates council’s support of 150k and
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
bringing things up to date to see what our alternatives are. The key item she was looking for was the
potential solutions which were screened out, will still be looked at.
Councilor Mesirow said he will support this.
Councilor Doyle motioned to approve the consent calendar; Councilor Richards seconded.
Councilor Mesirow said, “Go EV” and that it’s something to celebrate.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Notice of Call up – HPC approval for 204 S Galena –Minor Development Review and Commercial Design
Review - Sarah Yoon, Historic Preservation Planner & Amy Simon, Planning Director
Ms. Yoon said this project received HPC approval on June 8th. Design review was triggered, and staff did
find it was compliant. The applicant has been in review with staff regarding cladding material. We
recommend upholding of the decision.
Ms. Simon said it’s two prime spaces being combined.
Council agreed there is no reason to call this up.
P&Z approval for 624 E Cooper Ave – Commercial Design Review – Mezzaluna -
Ms. Yoon said this application was reviewed on July 12th for a permanent porch like structure over the
outdoor dining space and allows them to utilize this on a year-round basis. It’s open on all sides and is
compliant with the design guidelines. Staff did support the application with a 4-1 vote. Staff suggests
upholding the decision.
Councilor Richards asked for the objections of the person who voted against. Ms. Yoon said that person
felt it was out of context to the surroundings. It’s covered and there is no proposal of heating at this
time.
Councilor Richards asked for a picture next time for the public to see on screen.
Councilor Hauenstein said it’s the proper process and procedure and he supports the outcome.
Mayor Torre said there is no reason to call this up. He called for a five-minute break.
PUBLIC HEARINGS
Ordinance #12, Series of 2022 – 949 W. Smuggler AspenModern Voluntary Landmark Designation,
Growth Management, Subdivision and TDR, and Notice of Call-Up of HPC Resolution #07, Series of 2022
– Amy Simon, Planning Director; Mitch Haas, Haas Land Planning, LLC; and Derek Skalko, 1 Friday Design
along with Chris and Cindy Vandemoer, owners.
Ms. Simon said this was 25 years in the making. The Vandemoer family came here in 1946 and built this
home and have owned it ever since. AspenModern is a voluntary system. Some of Chris Vandemoer’s
family wasn’t interested in this, but he was and that’s why we’re here today.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
Mr. Haas gave a history of the historic preservation program and some history on the property and the
family. He showed the Vandemoer Hill lot split on screen. He continued to explain the ask and the
application in detail.
Councilor Richards asked Mr. True about the affordable housing mitigation. Ms. Simon said the
AspenModern ordinance gives council the power to negotiate any land use provision that you feels
needs flexibility. Ms. Richards asked if the TDR’s can be in discreet numbers and Ms. Simon said they are
always in 250 square feet.
Ms. Simon said there is no windfall here in terms of what they are proposing, and they haven’t really
asked for any benefits. She put in the memo that this is a pretty standard development proposal in front
of you.
Mayor Torre opened public comment.
Mayor Torre closed public comment.
Councilor Hauenstein said we should look at the application and not the story, and this is the best story
we have in town so it’s hard to separate the two, but this property must be preserved. He thinks the
fence should be moved to the property line, but he’s agreeable to leaving as proposed. On the new
building, he wants to maintain the 10-foot setback on the ground floor. His initial feeling is that he
would rather all of the development be on the new lot and not on other properties throughout town.
The 750 square feet could be severed into three TDR’s.
Councilor Richards said she feels like she’s looking at the best application she’s seen. It’s a result of a lot
of back and forth and compromise. She’s happy and will be supporting the application.
Councilor Doyle said he also feels that this application is a little different. It is hard to separate the
application from the story and this property has been unchanged for 75 years. He supports this project
and is glad extending the vested rights has been removed.
Councilor Mesirow agreed that it’s the best project he’s seen. We’d love to keep the family in the
driver’s seat for as many decisions as possible. He feels that two TDR’s is the appropriate number.
Ms. Simon said the ordinance suggests a total of three TDR’s and all are related to the corner lot.
Ms. Simon showed version 2 of the ordinance on screen and asked council if they are interested in
condition #12. Councilor Mesirow said he doesn’t see a downside and the property owner is still
agreeable.
Mayor Torre is happy to support the application as is.
Mr. True clarified that if they sever the TDR from lot b, it would be adopting option 2 and adding
amendment to condition #12.
Councilor Mesirow motioned to the adopt the ordinance as Mr. True described; Councilor Richards
seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion
carried.
ACTION ITEMS:
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
Resolution #090, Series of 2022 –Family and Medical Leave Insurance (FAMLI) Program Opt Out – Alissa
Farrell, Assistant City Manager and Courtney DeVito, HR Director.
Ms. DeVito said they are here to talk about opting out of the FAMLI program for the City of Aspen. She
explained the type of leave and said the premiums would happen in 2023 and would not launch until
2024. It’s not a 100% wage replacement. If council doesn’t choose to opt out of this, we will be
automatically enrolled in this program and would be for the next three years. We did receive employee
feedback on using this program and employees were not interested. She explained this type of leave
that the city does currently have.
Councilor Richards asked for details on the program. She said she feels like the information is lacking
and she would have preferred to have a side-by-side comparison. She doesn’t want to deny people what
they need.
Ms. Farrell said these are duplicative benefits for 99% of employees. She explained that what the city
currently offers is better than the proposed program by the state.
Ms. Ott continued to explain why this program is not the best choice for the city or it’s employees.
Councilor Richards said she really would like more information, but she doesn’t want to delay this. She
suggested a flowchart showing employees the process of how this works and she would have
appreciated it being in the packet.
Councilor Hauenstein said he feels they should opt out. He thinks the City of Aspen is a pretty good
place to work with good benefits and a generous city council. He will be supporting this.
Councilor Doyle motioned to approve Resolution #090, Series of 2022; Councilor Hauenstein seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Resolution #092, Series of 2022 –Requests to Pay Fee-in-lieu in Providing Affordable Housing Mitigation
– Jeffrey Barnhill
Mr. Barnhill said this is a continuation of the work they did 3-4 months ago under Ben Anderson where
they are batching the fee-in-lieu requests to pay their affordable housing mitigation because there is a
lack of affordable housing credits at the moment in the market. We now have three properties who are
asking to pay their fee-in-lieu for their affordable housing mitigation and staff is recommending council
approve the request.
Councilor Mesirow said he will support this reluctantly until more credits materialize.
Councilor Richards said they need to stop and take a look at this. She’s very concerned. She and
Councilor Mesirow suggested a work session to discuss this topic as well as to discuss all of the
shuttered properties in town.
Council was all supportive of work sessions on these topics.
Councilor Hauenstein said he will reluctantly support Resolution #092.
Councilor Doyle motioned to approve Resolution #092, Series of 2022; Councilor Hauenstein seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 12, 2022
Councilor Mesirow motioned to adjourn; Councilor Doyle seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_____________________________
Nicole Henning, City Clerk
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SPECIAL MEETING ASPEN CITY COUNCIL JULY 18, 2022
At 5:00 p.m. Mayor Torre called the special meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow present.
James R. True introduced the executive session: pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase,
acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences
with an attorney for the local public body for the purposes of receiving legal advice on specific legal
questions. (4)(e) Determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators. The specific item of discussion in
executive session involves the following: ACRA Destination Marketing Services Agreement, Special
Event Production and Visitor Services Agreement, and Lease Agreement.
Councilor Richards motioned to move into executive session; Councilor Mesirow seconded. Roll call
vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Council moved into executive session at 5:04 p.m. and adjourned at 7:00 p.m.
_____________________________
Nicole Henning, City Clerk
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Page 1 of 3
TO: Mayor Torre and Aspen City Council
FROM: Amy Simon, Planning Director
THRU: Phillip Supino, Community Development Director
MEETING DATE: July 26, 2022
RE: First Reading, Ordinance #15, Series of 2022, 470 Rio Grande Place,
Theater Aspen, Minor Amendment to a Planned Development Project
Review Approval
APPLICANT:
Theatre Aspen
c/o Jed Bernstein, Producing
Director, authorized by the property
owner, the City of Aspen
REPRESENTATIVE:
Alan Richman,
Alan Richman Planning Services,
Inc.
LOCATION:
Lot 1, Rio Grande Subdivision
CURRENT AND PROPOSED
ZONING & USE
The subject property is located in the
Public (PUB) zone district with a
Planned Development (PD) overlay,
and is a municipal park. Theatre
Aspen leases a portion of the park for
their facility, located northeast of the
permanent restroom facilities. No
changes to use or zoning are
proposed in this application.
SUMMARY: In 2011, after many years of installing a summer only
tent, Theater Aspen was granted approval for a lobby and metal
framed auditorium structure to remain in place but unused in their off-
season, with the condition that the auditorium’s membrane roof and
walls be taken down from October to April to reduce perceived visual
impacts of a building in the park setting. After 10 years and the
construction of permanent bathrooms in the park, Theater Aspen
perceives removal of the roof to have minimal public benefit and a
number of negatives, and requests a Minor Planned Development
Amendment to delete this condition.
STAFF RECOMMENDATION: Staff recommends the City Council
approve the Minor Amendment to a Project Review approval as
proposed.
Figure 1. Location of Theater Aspen tent in Rio Grande Park.
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Page 2 of 3
BACKGROUND: Theater Aspen has been performing in Rio Grande Park since 1987, initially in a
summertime only “circus tent.” Based on 2011 and 2013 approvals, a lobby is now in place year round
and the auditorium is partially disassembled and screened. At the time this was required, the applicant did
not expect to be able to afford a roof membrane designed for snow loads, and decision-makers wanted to
minimize the impact of a building mass in the park. Since then, some circumstances have changed as the
permanent bathroom structures have been built, and technology to reinforce the roof for the winter has
become available. The applicant has estimated the cost to remove the roof and screen the remaining
elements to be $50,000 per year. Below is a photo of the existing winter condition, and a rendering of the
proposed winter condition
REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approval:
• Minor Amendment to Project Review Approval (Pursuant to Land Use Code Section 26.445.050):
An application requesting installation of a year-round roof and walls to the existing tent structure of
Theatre Aspen, which requires Review by the City Council. City Council is the final review body.
STAFF COMMENTS AND RECOMMENDATION: The application is subject to Minor Amendment of a
Project Review Approval as it entails change from a seasonal structure to a year-round structure. The
applicant has provided a number of valid justifications for their request and indicates that allowing more of
the structure to remain year round reduces truck trips and impacts on the park site, as well as providing
maximum protection of the non-profit’s facility and financial asset that stay on site in winter. The
Community Development Department Staff recommends the City Council approve the proposed year-
round roof and wall installation finding that the review criteria are met, with the condition that prior to any
future replacement of the membrane, Council will review and approve the color selection for best fit within
the seasonal color changes in the park. In addition, this approval shall not allow any use of the tent for
any time or purpose beyond the theater season and winter storage occurring now. The organization is
responsible for protecting pedestrians from snow-shedding, and for repairing any damage to the park
resulting from snow coming from the roof.
RECOMMENDED MOTION: “I move to approve Ordinance #12, Series of 2022 on First Reading, for a
Minor Amendment to the Planned Development Project Review affecting Theater Aspen.”
EXISTING PROPOSED
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Page 3 of 3
CITY MANAGER COMMENTS:
___________________________________________________________________________________
___________________________________________________________________________________
______________________________________________________________
ATTACHMENTS:
Ordinance #15, Series of 2022
Exhibit A – Minor Amendment to Project Review Approval Criteria
Exhibit B – Application
30
505 Rio Grande Place, Theater Aspen Minor PD Amendment
Ordinance #15, Series 2022
1
ORDINANCE #15
(SERIES OF 2022)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING A MINOR
AMENDMENT TO A PLANNED DEVELOPMENT PROJECT REVIEW APPROVAL
FOR THE THEATER ASPEN FACILITY LOCATED AT 470 RIO GRANDE PLACE,
LOT 1, RIO GRANDE SUBDIVISION, CITY OF ASPEN, COLORADO
PARCEL ID: 2737-073-06-851
WHEREAS, the Community Development Department received an application from Theater
Aspen, 110 E. Hallam, Suite 126, Aspen, CO 81611, requesting a Minor Amendment to the
Planned Development approval for their facility in Rio Grande Park. The request was amendment
to a condition of approval stated in Ordinance #38, Series of 2011 that requires seasonal removal
of the membrane roof and walls on the theater structure from October to April; and
WHEREAS, this property is located in the Public (PUB) zone district, with a Planned
Development Overlay, and is owned by the City of Aspen and leased to Theater Aspen. The City
of Aspen authorized the submittal of this application; and,
WHEREAS, the Community Development Department referred the application to the City
Engineering and City Parks Departments for comments, performed an analysis of the application
and found that the review standards are met, with conditions; and
WHEREAS, City Council reviewed and considered the development proposal under the relevant
provisions of the Municipal Code as identified herein, reviewed and considered the recommendations
of the Community Development Director and the referral agencies, and took and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1: Minor Planned Development Amendment to a Project Review Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
request to leave all roof and walls in place at the Theater Aspen facility in Rio Grande Park year-
round is approved with the following conditions:
1. Prior to any future replacement of the membrane roof and walls, Council will review and
approve the color selection for best fit within the seasonal color changes in the park.
2. This approval shall not allow any use of the tent for any time or purpose beyond the theater
season and winter storage occurring now.
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505 Rio Grande Place, Theater Aspen Minor PD Amendment
Ordinance #15, Series 2022
2
3. The roof shall be kept in good repair at all times.
4. Theater Aspen shall be solely responsible for ensuring public safety related to snow
shedding from roof, and shall install and maintain warning/hazard signs, to be approved by
the City of Aspen Parks Department.
5. Any damage to the surrounding area from snow shedding, including damage to trees,
shrubs, irrigation or turf, is required to be repaired as soon as practical, after approval from
the City of Aspen Parks Department.
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department or the Aspen 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 other specific conditions or an authorized authority.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26th day of July, 2022.
Attest: Approved as to content:
_______________________________ ___________________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed and approved this 9th day of August, 2022.
Approved as to form: Approved as to content:
_______________________________ ___________________________________
Jim True, City Attorney Torre, Mayor
Attest:
_______________________________
Nicole Henning, City Clerk
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1
EXHIBIT A
PLANNED DEVELOPMENT PROJECT REVIEW
Minor Amendment to a Project Review approval. An amendment found by the Community
Development Director to be generally consistent with the allowances and limitations of a Project
Review approval or which otherwise represents an insubstantial change but which does not meet
the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the City Council.
26.445.050. Project Review Standards.
The Project Review shall focus on the general concept for the development and shall outline any
dimensional requirements that vary from those allowed in the underlying zone district. The burden
shall rest upon an applicant to show the reasonableness of the development application and its
conformity to the standards and procedures of this Chapter and this Title. The underlying zone
district designation shall be used as a guide, but not an absolute limitation, to the dimensions
which may be considered during the development review process. Any dimensional variations
allowed shall be specified in the ordinance granting Project Approval. In the review of a
development application for a Project Review, the Planning and Zoning Commission or the
Historic Preservation Commission, as applicable, and City Council shall consider the following:
A. Compliance with Adopted Regulatory Plans. The proposed development complies
with applicable adopted regulatory plans.
Staff Finding: The Theatre Aspen facility is part of the Rio Grande Subdivision, which received
its rezoning in 1977 under Ordinance #54. A 1993 Master Plan provided guidance for future
improvements. Theatre Aspen’s status as a welcome presence in the park was reinforced by
additional Council approvals granted in 1995, and in 2011 the organization received approval to
construct a permanent lobby, though the auditorium space continued to require a level of annual
deconstruction. In 2013, this condition was amended to allow sections of walls to remain in place
year round.
The applicant is in compliance with adopted regulatory plans. They request deletion of all
requirements to disassemble the roofs and walls of the tent each year for a number of reasons,
including changed conditions in the park, changed technologies allowing the roof to support winter
snow load, a desire to reduce the costs and vehicle trips needed to take down and and put up the
materials twice a year, and reduction of wear and tear on the interior of the auditorium space as
a result of it being open to the elements when the roof is off.
No dimensional or use changes are proposed as a part of this request. Staff finds this criterion to
be met.
Please note, as a condition of approval for the permanent lobby structure via Ordinance #38,
Series of 2011, Theatre Aspen was required to participate in an employee audit to demonstrate if
any additional employees resulted from the approval of the lobby. Arguably, additional employees
generated from staffing the lobby space would be subject to discussion of affordable housing
mitigation. Neither the applicant nor Staff can find evidence that such an audit was conducted.
For this application, Theater Aspen was required to provide a baseline of employees generated
by Theatre Aspen during a typical season. Staff suggests the information be accepted as the
documentation that was previously requested. The applicant represents that the lobby has always
been staffed by employees covering multiple functions, and no additional employees were hired
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solely for this purpose. A condition is included in this approval to note that it shall not allow any
use of the tent for any time or purpose beyond the theater season and winter storage occurring
now, in part to ensure no increase in operations or employees for Theater Aspen.
B. Development Suitability. The proposed Planned Development prohibits development
on land unsuitable for development because of natural or man-made hazards affecting the
property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep,
rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas,
slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm
the health, safety, or welfare of the community. Affected areas may be accepted as suitable for
development if adequate mitigation techniques acceptable to the City Engineer are proposed in
compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation
techniques may be accepted for this standard. The City Engineer may require specific designs,
mitigation techniques, and implementation timelines be defined as part of the Detailed Review
and documented within a Development Agreement.
Staff Finding: This standard is not applicable. No new buildings or site grading are proposed.
C. Site Planning. The site plan is compatible with the context and visual character of the
area. In meeting this standard, the following criteria shall be used:
1. The site plan responds to the site’s natural characteristics and physical constraints such
as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows
development to blend in with or enhance said features.
2. The project preserves important geologic features, mature vegetation, and structures or
features of the site that have historic, cultural, visual, or ecological importance or
contribute to the identity of the town.
3. Buildings are oriented to public streets and are sited to reflect the neighborhood context.
Buildings and access ways are arranged to allow effective emergency, maintenance, and
service vehicle access.
Staff Finding: These standards are not applicable. No new buildings are proposed.
D. Dimensions. All dimensions, including density, mass, and height shall be established
during the Project Review. A development application may request variations to any dimensional
requirement of this Title. In meeting this standard, consideration shall be given to the following
criteria:
1. There exists a significant community goal to be achieved through such variations.
2. The proposed dimensions represent a character suitable for and indicative of the primary
uses of the project.
3. The project is compatible with or enhances the cohesiveness or distinctive identity of the
neighborhood and surrounding development patterns, including the scale and massing of
nearby historical or cultural resources.
4. The number of off-street parking spaces shall be established based on the probable
number of cars to be operated by those using the proposed development and the nature
of the proposed uses. The availability of public transit and other transportation facilities,
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including those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development, and the potential for joint use of
common parking may be considered when establishing a parking requirement.
5. The Project Review approval, at City Council’s discretion, may include specific allowances
for dimensional flexibility between Project Review and Detailed Review. Changes shall
be subject to the amendment procedures of Section 26.445.110 – Amendments.
Staff Finding: These standards are not applicable. There are no changes to dimensions of the
existing structure.
E. Design Standards. The design of the proposed development is compatible with the
context and visual character of the area. In meeting this standard, the following criteria shall be
used:
1. The design complies with applicable design standards, including those outlined in Chapter
26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards,
and Chapter 26.415, Historic Preservation.
Staff Finding: This standard is not applicable. The design standards do not adequately address
a tent, and the existing building is not being changed.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Exterior materials are
finalized during Detailed Review, but review boards may set forth certain expectations or
conditions related to architectural character and exterior materials during Project Review.
Staff Finding: The applicant proposes to keep the roof and walls in place year-round, rather than
removing them seasonally. The applicant proposes to internally reinforce the tent-canvas roof
material to handle winter snow loads. The proposed tent-canvas material is consistent with
previous approvals for the facility and will continue the same character and architectural character
of the structure.
The 1995 approval of the tent structure in Ordinance No. 24 (Series of 1995) included the
condition to seasonally remove the walls and roof of the structure as a measure to reduce the
visual impact of the tent. Since the adoption of Ordinance No. 38 (Series of 2011) and Resolution
No. 47 (Series of 2013), some year-round features of the tent have been left in place, including
maintaining the tent walls and a permanent lobby. The permanent restroom facility in the Rio
Grande Park was constructed, blocking some views towards the tent. Conditions in the park have
changed sufficiently to justify leaving the roof up, and numerous downsides to its disassembly
have been identified. That said, staff does recommend that if the tent membrane is replaced in
the future, review of color selection by City Council is required. While the white tent has limited
visual impact in the winter (when the roof is currently being required to be removed), in the
summer it is a notable structure. More balance might be struck to suit the natural environment
across the seasons. This was clearly the intent of the bathroom building and the tent should be
held to a similar standard. Staff finds this criterion to be met with a condition of approval.
F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle,
and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities
and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or
proposed pedestrian, bicycle, and transit facilities. The City may require specific designs,
35
4
mitigation techniques, and implementation timelines be defined as part of the Detailed Review
and documented within a Development Agreement.
Staff Finding: This standard is not applicable.
G. Engineering Design Standards. There has been accurate identification of engineering
design and mitigation techniques necessary for development of the project to comply with the
applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City
of Aspen Urban Runoff Management Plan (URMP) and Water Efficient Landscape Ordinance.
The City Engineer may require specific designs, mitigation techniques, and implementation
timelines be defined and documented within a Development Agreement.
Staff Finding: The City Engineering Department had no comments or conditions for this
proposal. Staff finds this criterion is met.
H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall be at the
sole costs of the developer. The City Engineer may require specific designs, mitigation
techniques, and implementation timelines be defined as part of the Detailed Review and
documented within a Development Agreement.
Staff Finding: The City Park’s Department provided referral comments for this review and
recommended conditions of approval related to ensuring public safety and preservation of public
property as a result of any snow shedding from the roof. These are incorporated as conditions of
approval in the ordinance. Staff finds this criterion to be met with conditions.
I. Access and Circulation. The proposed development shall have perpetual unobstructed
legal vehicular access to a public way. A proposed Planned Development shall not eliminate or
obstruct legal access from a public way to an adjacent property. All streets in a Planned
Development retained under private ownership shall be dedicated to public use to ensure
adequate public and emergency access. Security/privacy gates across access points and
driveways are prohibited.
Staff Finding: No changes to access and circulation are proposed. This standard is not
applicable.
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March 31, 2022
Phillip Supino
City of Aspen Community Development
427 Rio Grande Place
Aspen, CO 81611
RE: Theatre Aspen/Minor PD Amendment Application
Dear Mr. Supino:
I am an attorney licensed to practice law in the State of Colorado and presently serve as
the City Attorney for the City of Aspen. In this capacity I have examined the ownership and
control of the property located in the City of Aspen and known as Lot 1, Rio Grande
Subdivision, also known as 505 Rio Grande Place.
I can hereby confirm that the City of Aspen is the owner of the property and has complete
authority to take action for the development and reconstruction on the property. The property is
not encumbered in any manner affecting the use of the property for the construction and
maintenance of the redevelopment that is proposed in the Theatre Aspen’s Minor PD
Amendment. Further, the City of Aspen authorizes Theatre Aspen and its designated
representatives to pursue the proposed Minor PD Amendment through the City of Aspen’s land
use process.
If you need anything further, please advise.
Thank you.
Sincerely,
_[Copy: Original signed by James R. True]____
James R. True
City Attorney
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EQT ASPEN 18 TRUST
AMARILLO, TX 79109
3002 S LIPSCOMB
CALDWELL DAVID & OLGA
BEAUMONT, TX 77707
3455 POND CIR
COLORADO PROPERTIES LTD
SAN ANTONIO, TX 78207
1011 N FRIO ST 2ND FL
MALEK MARLENE REV TRUST
MC LEAN, VA 22101
1259 CREST LN
MOSCOE THOMAS D REV TRUST
KEY BISCAYNE, FL 33149
445 GRAND BAY DR #607
BELLA SUNRISE LLC
PALM BEACH, FL 33480
401 WORTH AVE #301
GALANTER YALE & ELYSE
ASPEN, CO 81611
101 N SPRING ST #3301
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
TGS LLC
ASPEN, CO 81612
PO BOX 1913
414 N MILL LLC
ASPEN, CO 81612
PO BOX 9060
NGUYEN MICHAEL TAM
ASPEN, CO 81611
430 E HYMAN AVE
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
HODGSON PATRICIA H FAMILY TRUST
ASPEN, CO 81611
212 N MONARCH ST
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
MOUNTAIN VIEW INTEREST LLC
HOBE SOUND, FL 33455
410 SOUTH BEACH RD
FESUS FAMILY TRUST
ASPEN, CO 81612
PO BOX 9197
PEMBER WILLIS
ASPEN, CO 81611
412 N MILL ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
OP LLC
ASPEN, CO 81611
424 PARK CIR #6
NGS LLC
ASPEN, CO 81611
101 FOUNDERS PL #109
BLEEKER MILL DEVELOPMENT LLC
ASPEN, CO 81611
330 E MAIN ST
PFEIFER ASPEN HOUSE TRUST
LITTLE ROCK, AR 72223
16300 CANTRELL RD
BECKWITH NATALIE B QPRT
MILWAUKEE, WI 53202
777 E WISCONSIN AVE
MASHATU LLC
ASPEN, CO 81611
258 ROARING FORK DR
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
A CONCEPT LLC
MENLO PARK, CA 94025
325 SHARON PARK DR #703
VAN DEUSEN LLC
ASPEN, CO 81611
233 N SPRING ST
HENRY WILLIAM STONE REV TRUST
RICHFIELD, OH 44286
3382 TURNBURY DR
99
GRW RIO GRANDE PROPERTY LLC
ENGLEWOOD, CO 801114156
11653 E BERRY AVE
FELDMAN LISA SUSAN NORMAN
BOCA RATON, FL 33434
4409 WOODFIELD BLVD
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
BULKELEY RICHARD C & JULIE J
ASPEN, CO 81611
600 E MAIN ST #401
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
390 N SPRING ST LLC
ASPEN, CO 81611
420 E MAIN ST #210
HUTCHESON LAURA TRUST
ASPEN, CO 816111028
1220 MOUNTAIN VIEW DR
NORTH MILL STREET LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
MARRIOTT FAMILY TRUST
ASPEN, CO 816111551
727 E BLEEKER ST
B&Z 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
GIANTONIO NICOLE
ASPEN, CO 81611
110 E HALLAM #104
CALHOON THOMAS C
AUSTIN, TX 787013036
315 LAVACA ST
SUMNER VERONICA
ASPEN, CO 81611
101 N SPRING ST #3109
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
JQT ASPEN 18 TRUST
AMARILLO, TX 79109
3002 S LIPSCOMB
SATTLER SANDRA A
ASPEN, CO 81611
101 N SPRING ST #3204
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
BANKERS MORTGAGE CORP
GRAND JUNCTION, CO 81501
1616 ORCHARD AVE
ASPEN LEGACY LLC
FOXFIELD, CO 80016
17740 E HINSDALE AVE
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
NUNEZ GIANNA
ASPEN, CO 81611
100 OBERMEYER PL #102
LONE PINE UNIT 10 LLC
BAY HARBOR ISLANDS, FL 33154
9501 W BROADVIEW DR
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
UNIT 106 OP LLC
BASALT, CO 81621
PO BOX 3742
OBP LLC
WOODY CREEK, CO 816560444
PO BOX 444
FARRELL ALISSA M & DAVID A
ASPEN, CO 81611
550 E MAIN ST #103
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
100
PAM LLC
ASPEN, CO 81612
PO BOX 4446
EISENSTAT MELISSA B
NEW YORK, NY 10128
1125 PARK AVE #6D
RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC
ASPEN, CO 81611
501 E DEAN ST
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
OBERMEYER 204 LLC
HOUSTON, TX 77019
2727 ALLEN PKWY STE1400
BLEEKER MILL DEVELOPMENT LLC
ASPEN, CO 81611
330 E MAIN ST
RIVER BLUFF TOWNHOME CONDO ASSOC
ASPEN, CO 81611
155 LONE PINE RD
UNIT 109 OP LLC
ASPEN, CO 81611
501 RIO GRANDE PL #107
HILL HOUSE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
655 GIBSON AVE
STERTZER ELIANE C
ASPEN , CO 81612
PO BOX 8677
TSE HOLDINGS LLC
ASPEN, CO 81611
601 RIO GRANDE PL #120
HAMAN MICHAEL
ASPEN, CO 81611
434 E MAIN ST #203
CONCEPT 600 LLC
TUCSON, AZ 85750
5048 CAMINO DEL LAZO
KALLENBERG JEFFREY D J & SANDRA L
SHREVEPORT, LA 71101
401 MARKET ST #500
GALENA PLAZA CONDO ASSOC
ASPEN, CO 81611
420 E MAIN ST
OBP LLC
WOODY CREEK, CO 816560444
PO BOX 444
KING KITTY LLC
ASPEN, CO 81611
434 E MAIN ST #101
MCNEILL AUSTIN J
ASPEN, CO 81611
100 OBERMEYER PL #102
LAMB DON REV TRUST
CHICAGO, IL 60637
1449 E 56TH ST
BEYER ALAN R
ASPEN, CO 81611
410 N MILL ST #B11
DIXIE DOG VENTURES LLC
ASPEN, CO 81611
1690 HOMESTAKE DR
PLETTS SARAH A
ASPEN, CO 81611
410-412 N MILL ST #B-12
201 N MILL ASSOCIATES LLC
ASPEN, CO 81611
730 E DURANT AVE #200
CRUMMER KLEIN TITLE TRUST
BEVERLY HILLS, CA 90210
1305 N BEVERLY DR
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
ASPEN MILL HOLDINGS II LLC
ASPEN, CO 81611
400 E MAIN ST
SHAPIRO FREDERIC M & SUSAN
ASPEN, CO 81611
101 N SPRING ST #3108
ABBOTT MICHAEL
WINTER PARK, FL 32789
700 N INTERLACHEN AVE
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
ROSENWASSER RONALD N
BOCA RATON, FL 33434
4409 WOODFIELD BLVD
101
KIMPLE 2004 TRUST
DALLAS, TX 75219
3505 TURTLE CREEK BLVD #PH20A
OBERMEYER PLACE RENTAL GRP LLC
ASPEN, CO 81611
115 AABC
VOLK EVERGREEN LLC
ASPEN, CO 816111468
730 BAY ST
WOLKE LAUREN B
TARZANA, CA 91356
4109 GREENBRIAR LN
PITKIN COUNTY CAPITAL LEASING CORP
ASPEN, CO 81611
530 E MAIN ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
JOSA LLC
ASPEN, CO 81611
601 RIO GRANDE #110
UNIT 410 LLC
ASPEN, CO 81611
323 W MAIN ST #301
ALTHOUSE PATRICIA ANNE
PINCKNEY, MI 48169
9655 LAKEVIEW DR
LONE PINE TOWNHOUSES CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
155 LONE PINE RD
BANK MIDWEST N A
KANSAS CITY, MO 64105
1111 MAIN ST #2800
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
HARKEY LAW FIRM PC
DALLAS, TX 75234
12200 STEMMONS
AARON ROGER S & VIRGINIA A
NEW YORK, NY 10075
885 PARK AVE #14A
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
PEATE BRADLEY
ASPEN, CO 816111518
101 N SPRING ST #3104
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
MASHATU LLC
ASPEN, CO 81611
258 ROARING FORK DR
NINFA LLC
FORT MYERS, FL 33902
PO BOX 2568
LEONARD FAMILY TRUST
SANTA BARBARA, CA 931081022
999 LA PAZ RD
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
CHAFFEY DUAN
ASPEN, CO 81611
201 N MILL ST # 1A
SOUTHWEST JLK CORP
FORT WORTH, TX 761024116
301 COMMERCE ST #1600
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
426 EAST MAIN LLC
ASPEN, CO 81611
312 AABC STE D
HUNTER ALEXANDER
ASPEN, CO 81612
PO BOX 1638
NGS LLC
ASPEN, CO 81611
101 FOUNDERS PL #109
SINTA SCOTT
ASPEN, CO 81612
PO BOX 2872
102
CONCEPT 600 LLC
TUCSON, AZ 85750
5048 CAMINO DEL LAZO
CALHOON THOMAS C
AUSTIN, TX 787013036
315 LAVACA ST
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
GREENBERG MARILYN FAMILY TRUST
ASPEN, CO 81611
112 N SPRING ST
COMMUNITY BANKS OF COLORADO
KANSAS CITY, MO 641052154
1111 MAIN ST #2800
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
HAUSER MARY JANE
WAYZATA, MN 55391
1540 BOHNS POINT RD
MILNE SHEILA
ASPEN, CO 81612
PO BOX 8286
MULLINS MARGARET ANN
ASPEN, CO 81611
216 W HYMAN AVE
DAO OANH KIM
ASPEN, CO 81611
430 E HYMAN AVE
RIVERS EDGE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
851 GIBSON AVE
WAGAR RICHARD H
ELK RAPIDS, MI 49629-9778
6718 W HARBOR DR
OP LLC
ASPEN, CO 81611
424 PARK CIR #6
DORAN RALPH C & ELIZABETH B
ATLANTA, GA 30305
2600 WOODWARD WAY
SMITH JAMES F & N LINDSAY
ASPEN, CO 81611
600 E MAIN ST #302
YOUNG COULTER BARRETT TRUST
WOODY CREEK, CO 81656
PO BOX 26
M & G CONDO ASSOC
ASPEN, CO 81611
426 E MAIN ST
POTVIN DALE A FAMILY BYPASS TRUST
ASPEN, CO 81611
155 LONE PINE RD C-2
MAYER PAULINE M FAM LTD PTNR LLLP
ASPEN, CO 81611
628 MCSKIMMING RD
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
RIO GRANDE PARTNERS 88 LLC
JENKINTOWN , PA 19046
PO BOX 29
EMPHASYS SERVICES CO
MIAMI, FL 33129
1925 BRICKELL AVE BLDG D, PENTHSE 11
TSE HOLDINGS LLC
ASPEN, CO 81611
601 RIO GRANDE PL #120
RIO GRANDE CONDO ASSOC
ASPEN, CO 81611
130 S GALENA ST
BELLA SUNRISE LLC
PALM BEACH, FL 33480
401 WORTH AVE #301
CREEKTREE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
727 E BLEEKER ST
NORTH MILL STREET LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
PROPERTIES MANAGEMENT LLC
SCOTTSDALE, AZ 85266
34522 N SCOTTSDALE RD #120648
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
103
YOUNG COULTER BARRETT TRUST
WOODY CREEK, CO 81656
PO BOX 26
SPEETJENS J KAREL & SUSAN B
ASPEN, CO 81611
101 N SPRING ST #304
600 EAST MAIN STREET LLC
WAYZATA, MN 55391
155 E LAKE ST
BORCHERTS ROBERT H REV TRUST
ANN ARBOR, MI 48104
1555 WASHTENAW
GOLDSTEIN GERALD H & CHRISTINE S
ASPEN, CO 81612
PO BOX 2045
DOCKEN ANDREW
ASPEN, CO 81611
101 N SPRING ST #106
WELSCH SUSAN F REVOC TRUST
ASPEN, CO 81611
101 N SPRING ST #201
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
JACKDOG LTD
HOUSTON, TX 77027
3900 ESSEX #101
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
RIO GRANDE PARTNERS 88 LLC
JENKINTOWN , PA 19046
PO BOX 29
SNOW OWL 33 TRUST
VAN NUYS, CA 91406
16217 KITTRIDGE ST
POWELL JAMES B & TRACEY L
ASPEN, CO 81611
501 RIO GRANDE PL # 203
KAPLAN & CO LLC
MIAMI BEACH, FL 33139
300 S POINTE DR # 1105
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
LARSON MARIA M
ASPEN, CO 81612
PO BOX 8207
OBERMEYER PLACE CONDO
ASPEN, CO 81611
COMMON AREA
210 N MILL ST #201
DAKOTA MEADOWS DUPLEX LLC
HOUSTON, TX 77007
55 WAUGH DR #1111
HODGSON PHILIP R
ASPEN, CO 81611
212 N MONARCH ST
B&Z 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
MILL STREET CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
RIO GRANDE PL
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
124 N SPRING LLC
NORTH MIAMI BEACH, FL 33160
4042 ISLAND ESTATES DR
HENDERSON BRIAN W 2012 TRUST
DELRAY BEACH, FL 33483
2530 AVE AU SOLEIL
NR HOLDING CO
CARSON CITY, NV 89701
580 MALLORY WY
KAWAII DOG LLC
ASPEN, CO 81611
729 E BLEEKER ST
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
412 ROBINSMITH LLC
ASPEN, CO 81612
PO BOX 8616
CARVER RUTH A
ASPEN, CO 81611
116 S ASPEN ST
104
ASPEN SCHOOL DISTRICT #1
ASPEN, CO 81611
0235 HIGH SCHOOL RD
HEATH JESSE B JR & HETTA S
HOUSTON, TX 77056
5096 CEDAR CREEK DR
MCGOWIN FLORENCE M
MEMPHIS, TN 38117
4047 DUMAINE WAY
FRIEDSTEIN SHELDON TRUST
ASPEN, CO 81612
PO BOX 7917
601 RIO GRANDE #105 LLC
ASPEN, CO 81611
1230 SNOWBUNNY LN
WAGAR RICHARD H
ELK RAPIDS, MI 49629-9778
6718 W HARBOR DR
MOUNTAIN VIEW INTEREST LLC
HOBE SOUND, FL 33455
410 SOUTH BEACH RD
ANDERSON BENJAMIN S & TRACY F
ASPEN, CO 81611
550 E MAIN ST #104
Z&B 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
WOLKE LAUREN B
TARZANA, CA 91356
4109 GREENBRIAR LN
RIO GRANDE PLACE LLC
RENO, NV 89502
990 S ROCK BLVD #F
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
FRATERNAL ORDER OF EAGLES
ASPEN, CO 81611
700 E BLEEKER AVE
BIG BOY LLC
ASPEN, CO 81612
PO BOX 4737
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
GRAHAM NARELDA
ASPEN, CO 81611
101 N SPRING ST #203
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
BLU VIC CONDO ASSOC
ASPEN, CO 81611
202 N MONARCH ST
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
MILL BUILDING CONDO ASSOC
ASPEN, CO 81611
201 N MILL ST
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
WFP INC
ASPEN, CO 81612
PO BOX 4290
MCGAFFEY FAMILY & CO NO C LLC
SEATTLE, WA 98109
2465 NOB HILL AVE NORTH
RONICK MEL & RUTH TRUST
ASPEN, CO 81611
155 LONE PINE RD #4
BURCHAM JAMES G REV TRUST
KANSAS CITY, MO 64112
5011 SUNSET DR
POWELL JAMES B & TRACEY L
ASPEN, CO 81611
501 RIO GRANDE PL # 203
412 ROBINSMITH LLC
ASPEN, CO 81612
PO BOX 8616
OBERMEYER PLACE RENTAL GRP LLC
ASPEN, CO 81611
115 AABC
KLEIN JAMES J & SALLIE R
ASPEN, CO 81612
PO BOX 12022
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
105
MOCKLIN PETER M REV TRUST
EAGLE, CO 816310261
PO BOX 261
COPPOCK RICHARD PAUL
ASPEN , CO 81611
600 E MAIN ST #407
Z&B 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
ICONIC PROPERTIES JEROME LLC
HOUSTON, TX 77077
1375 ENCLAVE PKWY
OBRIEN KEVIN & RHEY ANN
ASPEN, CO 81611
434 E MAIN ST #302
UNREGISTERED TRUST 6/16/1983
HONOLULU, HI 96822
3674 WOODLAWN TERRACE PL
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
MILL BUILDING ASSOCIATION INC
ASPEN, CO 81611
730 E DURANT AVE #200
KIRKBRIDE FAMILY TRUST
ENCINO, CA 91436
15951 VALLEY MEADOW PL
MILIAS ELIZABETH A
ASPEN, CO 81612
PO BOX 4662
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
HENDERSON JAMES C
GALENA, OH 43021
4880 HARLEM RD
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
MONARCH HOUSE LLC
MIAMI, FL 33130
120 SW 8TH ST
ASPEN MILL HOLDINGS II LLC
ASPEN, CO 81611
400 E MAIN ST
MACLEAN HANA
ASPEN, CO 81611
101 N SPRING ST #3107
LCC ASPEN HOLDINGS LLC
ASPEN, CO 81612
PO BOX 1550
TRIMAR LLC
GRAND JUNCTION, CO 81507
320 DAKOTA DR
HOROWITZ JAMES M
ASPEN, CO 81612
PO BOX 4605
RAMOS WALTHER JR & MARJORIE R REV LIV TRUST
BALA CYNWYD, PA 19004
133 TALL TREES DR
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
BROUGH STEVE & DEBORAH
ELKTON, OR 97436
2049 SCHAD RD
PEMBER WILLIS
ASPEN, CO 81611
412 N MILL ST
RIO GRANDE PARTNERS 88 LLC
JENKINTOWN , PA 19046
PO BOX 29
ARTIM LLC
NEW YORK, NY 10011
PO BOX 30106
LARK INGALIL E
ASPEN, CO 81612
PO BOX 404
CAVALIERI JOHN R TRUST
CORONA DEL MAR, CA 95625
3334 E COAST HWY #341
EMPHASYS SERVICES CO
MIAMI, FL 33129
1925 BRICKELL AVE BLDG D, PENTHSE 11
GOLDFEIN MICHAEL R TRUST
NORTHBROOK, IL 60062
1724 BRAESIDE LN
106
RAF PT ASPEN LLC
HOUSTON, TX 77023
10000 MEMORIAL DR #320
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
BASSI PETER & BARBARA FAMILY TRUST
NEWPORT COAST, CA 92657
18 CHANNEL VISTA
WOLKE LAUREN B TRUST #1
TARZANA, CA 91356
4109 GREENBRIAR LN
WOLKE LAUREN B TRUST #1
TARZANA, CA 91356
4109 GREENBRIAR LN
SKILOFT LLC
HOUSTON , TX 77046
11 GREENWAY PLAZA STE 2000
ARENELLA BETH & FRANK J III
ASPEN, CO 81611
100 OBERMEYER PL # 101
610 RIO GRANDE 110 ASSOC LLC
ASPEN, CO 81611
257 PARK AVE
PUPPY SMITH LLC
ASPEN, CO 81611
602 E COOPER #202
RIO GRANDE PLACE LLC
RENO, NV 89502
990 S ROCK BLVD #F
KLAWITER FAMILY TRUST
SNOWMASS VILLAGE, CO 81615
PO BOX 6759
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
MAESTRANZI ALEXA LEE TRUST
PARK RIDGE, IL 60068
1736 PARK RIDGE PT
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
GOLDFEIN PAMELA J TRUST
NORTHBROOK, IL 60062
1724 BRAESIDE LN
214 WEST COOPER LLC
OKLAHOMA CITY, OK 73105
6 NE 63RD ST #220
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CJB REALTY INVESTORS LLC
NAPLES, FL 34108
9235 GULF SHORE DR #202
BORCHERTS HOLDE H REV TRUST
ANN ARBOR, MI 48104
1555 WASHTENAW
PARROTT LAURA
TULSA, OK 74106
3126 S ROCKFORD DR
SHORT DIANA & CAMERON
ASPEN, CO 81611
201 N MILL ST #2C
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CONCEPT 600 CONDO ASSOC
ASPEN, CO 81611
600 E MAIN ST
RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC
ASPEN, CO 81611
501 E DEAN ST
LAZAR FAMILY TRUST
ENCINO, CA 91316
5342 ALDEA AVE
HAUSER MARY JANE
WAYZATA, MN 55391
1540 BOHNS POINT RD
ASPEN MILL HOLDINGS LLC
ASPEN, CO 81611
400 E MAIN ST #2
107
BALLINGER ELIZABETH F
ASPEN, CO 81611
102 FOUNDERS PL #102
CURET JORDAN
ASPEN, CO 81611
101 N SPRING ST #205
QUAIL ROOST REALTY MGMT LLC
DENVER, CO 80203
400 E 3RD AVE PH1701
G & G CORPORATE OFFICES LLC
GLENWOOD SPGS, CO 81601
2520 S GRAND AV # 114
AVALANCHE EAGLE PINES LLC
MANHASSET, NY 11030
24 MIDDLE DR
412 ROBINSMITH LLC
ASPEN, CO 81612
PO BOX 8616
AJAX/COMET LLC
NEW YORK, NY 10128
170 E END AVE PH2A
EMPHASYS SERVICES CO
MIAMI, FL 33129
1925 BRICKELL AVE BLDG D, PENTHSE 11
MAROLT ENTERPRISES LLC
ASPEN, CO 81612
PO BOX 8705
PARROTT SUSAN TRUST
TULSA, OK 74106
3126 S ROCKFORD DR
ELDEN GAIL TRUST
CHICAGO, IL 60614
2430 N LAKEVIEW AVE #11S
414 N MILL LLC
ASPEN, CO 81612
PO BOX 9060
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
CAMPBELL JAMES D
ASPEN, CO 81612
PO BOX 404
GREENBERG FAMILY 2012 TRUST
ASPEN, CO 81611
112 N SPRING ST
DESOTO LINDA JANE LIVING TRUST
ASPEN, CO 81611
155 LONE PINE RD #9
METCO COLORADO LLC
HOUSTON, TX 77024
333 W LOOP NORTH 4TH FLR
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
LANDIS CAROLYN
ASPEN, CO 81611
155 LONE PINE RD #C8
UNIT 117B LLC
ASPEN, CO 81612
PO BOX A3
ANDREWS MCFARLIN CONDO ASSOC
ASPEN, CO 81611
414 N MILL ST
GANT CONDOMINIUM ASSOCIATION INC
ASPEN, CO 81611
610 S WEST END ST
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
110 N SPRING ST LLC
TULSA , OK 74119
15 W 6TH ST #2400
CARBONA CAPITAL LLC
ASPEN, CO 81611
235 PUPPY SMITH ST #1373
SIPSEY CANDACE & LIAM
ASPEN, CO 81611
201 N MILL ST #2B
HOROWITZ JAMES M
ASPEN, CO 81611
110 E HALLAM #104
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
LAYNE MATTHEW & KRISTIN
ASPEN, CO 81611
201 NORTH MILL ST #2A
108
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
FRONTIER LLC
OMAHA, NE 681270395
PO BOX 27395
CARBONA CAPITAL LLC
ASPEN, CO 81611
235 PUPPY SMITH ST #1373
BOHNETT MARSHA ANN TRUST
HONOLULU, HI 96814
765 ANAMA ST #504
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
311 ASPEN LLC
WILMINGTON, DE 19899
PO BOX 918
CARBONA CAPITAL LLC
ASPEN, CO 81611
235 PUPPY SMITH ST #1373
130 N SPRING STREET 10 LLC
EAST GREENWICH, RI 02818
PO BOX 70
UNIT 106 OP LLC
BASALT, CO 81621
PO BOX 3742
214 WEST COOPER LLC
OKLAHOMA CITY, OK 73105
6 NE 63RD ST #220
MADDEN WALTER ROSS
ASPEN, CO 81611
218 N MONARCH ST
BECKWITH DAVID E QPRT
MENLO PARK , CA 94025
85 GLORIA CIRCLE
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
550 EMPLOYEE HOUSING CONDO ASSOC INC
ASPEN, CO 81611
550 E MAIN ST
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
CONCEPT 600 LLC
TUCSON, AZ 85750
5048 CAMINO DEL LAZO
414 N MILL LLC
ASPEN, CO 81612
PO BOX 9060
NEWLON LLC
ASPEN, CO 81612
PO BOX 1863
MYRIN CUTHBERT L JR
ASPEN, CO 81612
PO BOX 12365
LANDIS JOSHUA B
ASPEN, CO 81611
434 E MAIN ST #101
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
GINSBERG JEROME D IRREV TRUST
NEW YORK, NY 10065
166 E 61ST #19F
SNOW OWL 33 TRUST
VAN NUYS, CA 91406
16217 KITTRIDGE ST
DCR FAMILY LP
DENVER, CO 802205846
125 IVY ST
DONAHUE ELIZABETH
ASPEN, CO 81611
102 FOUNDERS PL #2302
KUCK KATHERINE M
GALENA, OH 43021
4880 HARLEM RD
SEYFFERT STEVEN J
ASPEN, CO 81611
102 FOUNDERS PL #201
CHANDON LLC
ASPEN, CO 81611
625 E HYMAN AVE #201
109
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
US POSTAL SERVICE
SAN BRUNO, CA 94099
WESTERN REGION
LITTLE RIVER HOUSE LLLP
DENVER, CO 80222
125 IVY ST
100 NORTH SPRING STREET LLC
DENVER , CO 80206
250 STEELE ST #375
REIDSCROFT PARTNERSHIP
ASPEN, CO 81612
PO BOX 10443
225 NORTH MILL ST LLC
NEW YORK, NY 10036
1530 BROADWAY 4TH FL
134 N SPRING STREET CONDO LLC
SARATOGA SPRINGS, NY 12866
PO BOX 321
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
LEBARRE FAM LLC
HOUSTON, TX 77063
7518 MIDDLEWOOD ST
JACKSON ASPEN PROPERTIES LLC
WOODY CREEK, CO 81656
PO BOX 419
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
LIPNICK FAMILY ASPEN LLC
WASHINGTON, DC 20006
1825 K ST NW #125
CREEKTREE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
727 E BLEEKER ST
MARCHETTI FAMILY LLC
GLENVIEW, IL 60025
1526 FOREST DR
SMITH H W III
ASPEN, CO 816111486
102 FOUNDERS PL #2204
BEYER ALAN R
ASPEN, CO 81611
410 N MILL ST #B11
GIANTONIO NICOLE
ASPEN, CO 81612
PO BOX 4605
MOCKLIN MONICA M REV TRUST
ASPEN, CO 81612
PO BOX 807
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
HANDLEY DENNIS
ASPEN, CO 81611
102 FOUNDERS PL #202
ASPEN STREAM LLC
ASPEN, CO 81611
753 BAY ST
NGS LLC
ASPEN, CO 81611
101 FOUNDERS PL #109
135 MINERS TRAIL LLC
WESTPORT, CT 06880
8 WRIGHT ST
MURPHY GEORGE W
ASPEN, CO 81612
PO BOX 4146
TRUE ROMANCE LLC
ASPEN, CO 81611
701 GIBSON AVE #C
GENE MCCUTCHIN LTD II
DALLAS, TX 753802043
PO BOX 802043
JACKSON ASPEN PROPERTIES LLC
WOODY CREEK, CO 81656
PO BOX 419
MILLARD PARTNERS LTD
HOUSTON, TX 77027
3007 MID LN
QUITASOL JONATHAN C
ASPEN, CO 81612
PO BOX 9864
GANT CONDOMINIUM ASSOCIATION INC
ASPEN, CO 81611
610 S WEST END ST
110
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
GILKERSON LINDA REV TRUST
CHICAGO, IL 60637
1449 E 56TH ST
111
112