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AGENDA
CITY COUNCIL WORK SESSION
August 2, 2022
4:00 PM, City Council Chambers
427 Rio Grande Place
Aspen, CO 81611
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I.WORK SESSION
I.A.Grant Consultant Report, Program Policy
I.B.Council Goal Progress Presentation
I.C.City Council Working Agreements and Effective Governance Discussion
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MEMORANDUM
TO: Mayor and City Council
FROM: John Barker, Senior Strategy Consultant
Patrick Quick, Strategy & Innovation Director
THROUGH: Alissa Farrell, Administrative Services Director
CC: Ann Mullins, Grants Steering Committee Chairperson
MEMO DATE: July 11, 2022
MEETING DATE: August 2, 2022
RE: Grants Program Update & Consultant Report
REQUEST OF COUNCIL: Staff is requesting Aspen City Council feedback and direction
on proposed grants program policy updates.
SUMMARY AND BACKGROUND: In 2022, staff implemented several changes to the
city’s grants program at the recommendation of an external consultant, Point b(e)
Strategies, and the grants steering committee. After a thorough analysis of the city’s
grants programming, Point b(e) made several recommendations to align current
processes with accepted best practices. Highlights of these changes included the
expansion of volunteer involvement from three members to seventeen a nd a shift to a
more transparent review process, among other improvements.
To assess the impact of these modifications, and identify opportunities for continuous
improvement, the city retained Point b(e) Strategies to conduct an after-action review
(AAR) with a broad range of stakeholders involved in city grants, including volunteer
reviewers and grantees. Point b(e) conducted this outreach via surveys designed in
conjunction with staff and one-on-one interviews. All review committee members and
2022 grant applicants were invited to participate.
The policy updates discussed in this memo are rooted in both the after -action report
provided by Point b(e) and from the grants steering committee regarding policies outside
the scope of the after-action report. Point B(e) received 38 survey responses from grantee
organizations and conducted six follow-up interviews for a response rate of 43%. They
received six survey responses and seven interviews with members of the volunteer
review committee for a response rate of 40%. While opportunities for change and
continuous improvement are detailed further below, it is important to highlight that both
the volunteer review committee and grantees welcomed most of the changes that have
been made to the program thus far—particularly improvements to process, transparency,
trainings, and timelines.
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These policy and program updates apply to the historical grants divisions of Health &
Human Services (HHS), Community Non-Profit (CMP), Arts & Culture (A&C), and In-Kind.
The new divisions approved by Council within the Arts & Culture program, the Aspen
Artist Fellowship and Asset & Acquisition Assistance division, are in the initial stages of
development and are not included in the scope of this memo, unless specifically
mentioned.
DISCUSSION:
Policy and Program Updates:
1. Multiple Application Tiers
In 2022, staff created two tiers of review matrixes for volunteer review committees to
assess applications. One matrix was for applications requesting $5,000 or less and the
other for all larger applications. The intent of these matrixes was to acknowledge the
limited resources of small organizations, (e.g., no grant writer on staff), through the
application process. While the concept had merit, the actual use of two separate matrixes
for the review committees was confusing. Additionally, the lack of separa te applications
did not give staff or review committees the opportunity to ask questions that recognize
the difference in scope of applications requesting disparate funding amounts.
Staff proposes to build on this approach for 2023 by introducing three se parate application
tiers that align application requirements and review criteria with the amount of money
being requested. The recommended application tiers are:
• Small Requests: $10,000 or less
• Medium Requests: $10,001-$40,000
• Large Requests: More than $40,000
Small requests will have a comparatively shorter application, with less stringent financial
and outcome reporting requirements than large requests. All applications will meet best
practice standards to ensure that any granted funds are approp riately utilized.
Additionally, organizations requesting $2,500 will not be subject to the same review
criteria and expectations as organizations requesting $100,000. Examples of the kinds of
differences to expect within the application tiers include but are not limited to more
detailed budget and implementation plans for organizations submitting medium and large
requests, and the requirement of professional financial audits for organizations submitting
large requests.
2. In-Kind Applications
The City’s grant program has a long history of support for local non-profit organizations
not only through cash grants, but also through the subsidized or complimentary use of
City facilities such as the Aspen Recreation Center, Aspen Golf Course, and Wheeler
Opera House. In 2022, the city awarded more than $183,000 in in-kind support, a
significant rise over previous years. This increase in support has presented difficulties for
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impacted city departments as they work to accommodate their mandates to provide
facilities for public use while also accommodating the increasing requests from the grants
program. Additionally, in-kind grants have various fiscal implications for the city since
these awards typically represent the donation of a direct expense such as labor or require
foregoing an incoming-generating opportunity, such as a facility rental, to accommodate
the grantee.
The in-kind support division has not undergone the same level of review as the cash
support divisions in recent years. However, it is expected that policy improvements will
be necessary in 2023 to align the program with best practices to ensure long-term
program sustainability. In-kind program enhancements are recommended to be
incrementally introduced and may include improvements such as a similar competitive
review process seen by cash requests. These changes would be balanced with an
awareness that several organizations rely upon subsided use of City facilities to provide
affordable rates.
3. Impact & Outcome Reports
A common suggestion from volunteer review committee members in 2022 is that they
would like more information about the historic performance of grantee organizations as
well as increased insight into operations of applicant organizations.
The completion of an impact & outcome report, defining outcomes of the grant, budget
details, and more, is recommended to be required for organizations that received a grant
in a previous year to reapply for funding. The requirements of the impact & outcome report
will vary based on the amount of funding granted per the application tiers discussed
above. These reports would provide accountability for grantee organizations, provide
essential data on the community benefits of the grants program, and further information
to assist review committees with their application assessment.
4. Grantee and Review Committee Training
In 2022, the city introduced training sessions for both potential grantees and review
committee members. Due to office closures related to Covid, these were f ewer in
frequency than planned and completely virtual which diminished the effectiveness of
these trainings. With the addition of the full-time Grants Coordinator, staff now has the
capacity to expand these trainings and make them relevant for all types of grantees.
Moreover, staff plan to conduct grant-writing workshops for organizations less familiar
with the process as well as offer workshops specific to the amount of funds being
requested. These in-depth trainings will be complemented by a short refresher session
for organizations that do not need or want to attend a longer event.
Specific training will also be offered for review committee members so that they have a
clearer understanding of the criteria and tools available to them to review each application
consistently and fairly. Staff will also coordinate with volunteer review committees to
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provide constructive and clear feedback for each grantee in a review statement that
summarizes the strengths and areas for improvement in each grant application. This will
further boost the transparency and equitability of the program by providing improvement
opportunities for all, ultimately leading to stronger applications from all applicants in future
years.
Policy & Program Questions:
1. Multi-Year Grants:
Overview: In 2021, a pilot program was implemented that provided the opportu nity for
Health & Human Services grant applicants to request funding for up to two years instead
of having to reapply for funding every year. The benefits of multi -year granting are well
established and provide organizations stability to focus on long-term outcomes instead of
short-term fundraising. 84% of applications in the HHS division in 2022 requested a two-
year grant. However, the benefits of multi-year grant awards for grantee organizations is
best balanced with the City’s HHS division budget and with the Overall Grant Program
Philosophy. The Community Non-Profit and Arts & Culture divisions have conditions that
the grants steering committee believes mitigate the benefits of moving to multi-year grants
for these divisions.
For the Community Non-Profit division, consistent demand for funding that far exceeds
the available budget limits the utility of a multi-year program. Tying up funding for multiple
years will impede the ability of the volunteer review committee to prioritize the most
innovative and impactful applications that are submitted each year. Additionally, multi-
year grants are challenging to account for in an environment where future -year budgets
are uncertain.
Recommendation: The grants steering committee recommends that multi-year grants
continue as an option at all request levels for the Health & Human Services division. For
grants in the Arts & Culture and Community Non-Profit divisions that are $10,000 or less,
a two-year option is proposed. To protect against over-committing funding with larger
awards, it is recommended that grants above $10,000 be available on a single -year basis
for these two divisions.
Alternatives: Council may choose to direct staff to allow multi-year granting for all the
grant divisions without the suggested thresholds, suggest alternative thresholds, or not
allow multi-year grants for any division.
2. Grant Request Cap
Overview: Historically, the overall Grants Program has had an informal maximum request
amount of $100,000 per application that was formalized for the 2022 cycle. The intent of
this cap is to ensure that funding is available for more organizations to receive meaningful
funding and to reduce the grant program’s exposure if a single organization’s grant has
complications.
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Recommendation: The grants steering committee recommends that the $100,0000
maximum request remain in place for all grant divisions.
Alternatives: Council may provide an alternative maximum request amount for each
grant division or remove the cap on request amounts.
3. Geographic Location Priority
Overview: The Overall Grants Program Philosophy and Strategic Focus Areas highlight
the importance of community impact, but do not define community, geographically. The
Community Non-Profit, Health & Human Services, and Arts & Culture grant divisions have
historically been open to all non-profits that serve Roaring Fork Valley residents from
Aspen to Rifle. In the absence of specific direction from Council, the city’s grants volunteer
committees have operated with a belief that supporting organizations that benefit Aspen’s
broader community is the most effective way to ensure that funds have the most impact.
Staff has researched various methods to ensure that Aspen-based organizations are
properly recognized for the important work they do as pillars of the Aspen community
while balancing the grant program’s history of lifting up organizations doing important
work through the broader Roaring Fork Valley community. These ideas range from
providing Aspen-based organizations with preference during the scoring and review
process, restricting some grant divisions to Aspen-based applicants, to keeping eligibility
open for all.
Each of these policies present opportunities and challenges. Restricting grants
applications to only Aspen organizations, would present complex issues such as defining
what it means to be Aspen-based. Another question for Council to consider is would
Council like to provide preference to organizations providing services in Aspen, or to
organizations that provide services to Aspen residents, regardless of location. Revisions
to the grant application for the 2023 cycle will further clarify how Aspen residents will
benefit from a grant application, regardless of organization location.
The new Aspen Artist Fellowship and Asset & Acquisition Assistance divisions presented
to Council on July 5, 2022, do not present the same logistical challenges, and could more
easily be refined to include restrictions on physical location.
Recommendation: The grants steering committee recommends that the traditional
Community Non-Profit, Health & Human Services, and Arts & Culture divisions remain
open to organizations that serve the broader Roaring Fork Valley community. For the new
Aspen Artist Fellowship and Asset & Acquisition Assistance divisions, it is recommended
to restrict these funds to be available only to organizations & residents located in the
Aspen Urban Growth Boundary.
Alternatives: Council may choose to direct staff to give priority to organizations located
in the City of Aspen, Aspen Urban Growth Boundary, or other criteria for all grant
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divisions. Council may choose to provide preference to Aspen-based organizations as
well.
Next Steps & Anticipated Timeline
August 2022 Long range planning for RETT funding and the applicable grants
program budget amounts to be presented to Council by City
Manager and Finance Director.
October 2022 Staff to host grant writing workshops and training sessions for
interested applicants.
November 2022 Arts & Culture, Community Non-Profit, and Health & Human
Services grant application window opens.
Grant writing workshops and training sessions continue.
December 2022 Impact & Outcome Reports from 2022 grant cycle due.
January 2023 Arts & Culture, Community Non-Profit, and Health & Human
Services grant application window closes.
March/April 2023 Arts & Culture, Community Non-Profit, and Health & Human
Services grantees are selected, and funds distributed.
April 2023 Application window opens for Aspen Artist Fellowship and Asset
& Acquisition Assistance divisions.
Questions for Council:
1. Do the proposed program updates and recommendations meet Council’s goals
for the grants program?
a. Multiple Application Tiers?
b. In-Kind Application Changes?
c. Impact & Outcome Reports?
d. Improved Training & Communication
2. Do the proposed policy changes meet Council’s goals for the grants program?
a. Multi-Year Grants?
b. Grant Request Cap?
c. Geographic Location Priority?
3. Would Council like to see additional program or policy changes not mentioned
here?
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ALTERNATIVES:
Council may choose to provide staff different direction on policy changes and priorities or
propose additional alternatives than those discussed here.
FINANCIAL IMPACTS: There are no direct financial impacts associated with the updates
and questions on grants policy work presented to Council in this memo.
ENVIRONMENTAL IMPACTS: None.
CITY MANAGER COMMENTS:
ATTACHMENT A – Grants Program Update & Consultant Report Presentation
ATTACHMENT B – 2021 and 2022 Grant Funding Awards
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Grants Program Update &
Consultant Report
August 2, 2022
Patrick Quick, Strategy & Innovation Director
Alissa Farrell, Administrative Services Director
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Point b(e) Introduction
• In 2021, Point b(e) issued recommendations to align the
City of Aspen's Grants Program with best practices
• Improvements were implemented in the City's last grant
cycle and Point b(e) then conducted an After-Action
Review (AAR)
•Zane Slacum,Senior Catalyst, Point b(e) to present AAR
results
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Overview
• Goals of After-Action Review (AAR):
• Identify impact of new policies and transparency
tools
• Identify areas for continuous, phased improvement
• Gather relevant community input, specifically from
grantees, non-profits, and volunteer committees
• Implement updates & changes which are aligned with
Point b(e) recommendations
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Survey Methodology
• Grantees
• 38 Survey Responses
• 43% Response Rate
• Six Follow-Up Interviews
• Volunteer Review Committee
• 6 Survey Responses
• 40% Survey Response Rate
• 7 Interviews
• Strong participation from both groups
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Grant Program Strengths
•Transparency
• Clear Review Criteria
• Funding Decisions
•Staff Support
• Clear Communication
• Trainings
•Policy Improvements
• Accommodating Timeline
• Alignment With Best Practices
• Fair & Open Process
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Point B(e) Recommendations
1. Increase Equity
•Align Expectations with Funding Requests
•Multiple Applications
•Custom review criteria for each application
•Multi-year funding opportunities
•Explore new ways to lower barriers to entry
Long Term Goals
• Diversify review committees to reflect population served
• Comprehensively support multiple languages
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Point B(e) Recommendations
2. Increase Transparency
Feedback Loops
•Provide review committees clarity on the process and
their role with funding decisions
•Ensure grantees receive clear feedback on ways to
improve
In-Kind Program
• Create standalone application
• Create a “menu” of available in-kind services
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Point B(e) Recommendations
3. Increase Clarity
Improve Trainings
•Provide diverse trainings relevant to each application
•Enhance review committee assessment tools
Review Criteria
• Provide review criteria unique to each application type
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Program Updates
Inputs Used
• Point b(e) Report
• Direct Grantee and Review Committee Feedback
• Steering Committee Guidance
Goals
• Maximize Community Impact
• Alignment with Best Practices
• Continuous Improvement
• Listening and Adapting
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Program Updates
Application Tiers
•Small Requests: $10,000 or less
•Medium Requests: $10,001-$40,000
•Large Requests: More than $40,000
In-Kind Applications
• Standalone Application
• Balance Impact on City & Grantee Support
• Establish Budget Procedures
• Create “Menu” of Available Offerings
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Program Updates
Impact & Outcome Reports
• Required to reapply for funding
• Provides better data on community benefits
• Will be tailored to each application type
Training
• Tailored to each application type
• Includes grant writing workshops
• Provides review committees with new tools
• Constructive feedback for grantees
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Policy Questions: Multi-Year Grants
Current Policy
• HHS Applicants Eligible for Two-Year Grants
• A&C and CNP Not Eligible for Two-Year Grants
Proposed Policy
• Requests $10,000 & Under: All Applicants Eligible
• Requests over $10,000: Only HHS Applicants
Benefits
• Balances long-term support of small organizations
with budget planning
• Keeps funds available to support impactful ideas
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Policy Questions: Max Request Cap
Current Policy:
• $100,000 maximum request amount for all
Proposed Policy:
• No change
Benefits
• Impactful funding available for more organizations
• More applications can be funded at a higher
percentage
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Policy Questions: Location Priority
Current Policy:
• All organizations serving RFV eligible
Proposed Policy:
• Current policy remains for historic programs
• New programs restricted to residents/organizations
within Aspen Urban Growth Boundary
Benefits
• Allows review committees to prioritize funding where
it will have most impact
• Restricts funds for capital improvements closer to
Aspen
• Stimulates growth & support of Aspen artist
community
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Discussion & Questions
Do the proposed program updates meet
Council’s goals for the grants program?
a. Multiple Application Tiers?
b. In-Kind Application Changes?
c. Impact & Outcome Reports?
d. Improved Training & Communication
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Discussion & Questions
Do the proposed policy changes meet Council’s
goals for the grants program?
a. Multi-Year Grants?
b. Grant Request Cap?
c. Geographic Location Priority?
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Discussion & Questions
Would Council like to see additional program or
policy changes not mentioned here?
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Wheeler Arts Grants 2021 Funding 2021 In-Kind Funding
Music Associates of Aspen (AMFS)$70,400.94
Theatre Aspen $50,000.00
Aspen Santa Fe Ballet $43,648.58 $3,000.00
Aspen Art Museum $42,240.57
Jazz Aspen Snowmass $33,792.45
Aspen Film $28,160.38 $4,500.00
Aspen Words (previously Aspen Writers Foundation)$21,120.28 $2,500.00
Anderson Ranch Arts $14,080.19
Theater Masters $11,264.15
Aspen Community Theatre $8,448.11
The Art Base (previously Wyly Community Arts Center)$8,448.11
Rogue Repertory Company (Aspen Fringe Festival)$7,040.09 $1,000.00
5Point Adventure Film $7,000.00 $3,000.00
The Arts Campus at Willits $5,632.08
Aspen Choral Society $5,000.00 $3,000.00
Roaring Fork Music Society $4,224.06
Aspen Chapel Gallery $3,000.00
Aspen Dance Connection $2,500.00
Roaring Fork Friends of the Theater (TRTC)$2,000.00
The Aspen Institute (Arts Program)$2,000.00
Community Nonprofit Arts Grants 2021 Funding 2021 In-Kind Funding
Access Roaring Fork (aka Access AfterSchool)$7,500.00
Andy Zanca Youth Empowerment $2,000.00
Aspen Cancer Conference $1,500.00
Aspen Cycling Club $1,000.00
Aspen Education Foundation $2,000.00
Aspen Hall of Fame $2,500.00
Aspen Historical Society $30,000.00
Aspen Indigenous Foundation $2,000.00
Aspen Institute $15,000.00
Aspen Public Radio (KAJX)$100,000.00
Aspen Rugby Foundation $1,000.00
Aspen Valley Ski/Snowboard Club $66,000.00
Aspen Youth Center $24,000.00
Basalt Education Foundation $3,500.00
Carbondale Community Access Radio $6,000.00
Challenge Aspen $10,500.00
Colorado Fourteeners Initiative $5,000.00
Computers for Kids (aka Youthentity)$5,000.00
Crested Butte Nordic Council $3,500.00
2021 GRANT FUNDING
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English in Action $5,000.00
Farm Collaborative (previously Aspen TREE )$4,000.00
Forest Conservancy $4,500.00
Friends of CAIC(Colorado Avalanche Info. Center)$2,000.00
GrassRoots $85,000.00
Huts for Vets $5,000.00
Independence Pass Foundation $20,000.00
Junior Achievement of the Roaring Fork Valley $2,000.00
Pauline S. Schneegas Wildlife Foundation $2,000.00
Project Graduation 2020 $1,500.00
Raising A Reader $3,000.00
Roaring Fork Gay and Lesbian (aka AspenOUT)$5,000.00
Roaring Fork Leadership $8,000.00
Roaring Fork Valley Spellbinders (aka Storytellers)$2,000.00
Science In Schools $2,450.00
Shining Stars Foundation $8,000.00
Sister Cities $8,000.00
Summit 54 $7,000.00
Watershed Biodiversity Initiative $2,000.00
Western Slope Veterans Coalition $5,000.00
Wilderness Workshop $8,010.00
Aspen Junior Hockey - Ice Time $40,000.00
Aspen Figure Skating Club - Ice Time $22,500.00
Aspen Swim Club - Pool Time $15,000.00
Revolutions Skating Club $15,000.00
Silver City Gymnastics $1,000.00
2021 Community Nonprofit Monetary Grants, Parks Fund 2021 Funding 2021 In-Kind Funding
Aspen Center for Environ Studies $ 16,000.00
Roaring Fork Conservancy $ 8,000.00
Roaring Fork Outdoor Volunteers $ 5,700.00
Health and Human Services Grants 2021 Funding 2021 In-Kind Funding
Alpine Legal Services $5,500
Aspen Family Connections $11,000
Aspen Homeless Shelter $25,000
Aspen Hope Center $6,600
Bridging Bionics $2,750
Buddy Program $11,000
Casa of the Ninth $1,375
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Catholic Charities $4,125
Community Health Services $31,350
Family Resource Center $2,750
Family Visitor Program $6,600
Hospice of the Valley $13,750
Lift-up $2,200
Mtn Valley Development Services $5,500
Pathfinders $2,750
Planned Parenthood $1,650
Response $9,350
River Bridge Regional Center $2,750
Smiling Goat Ranch $2,750
Valley for Life for All $1,100
Valley Settlement $5,500
West Springs Hospital $6,600
Windwalkers Equine Therapy Center $1,650
YouthZone $5,500
A Way Out $4,675
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2022 Grant Funding Awards
Arts & Culture Grant Funding Recommendations:
Organization Funding Request Final Funding
Recommendation
5Point Film Festival $ 15,000.00 $ 12,175.91
Anderson Ranch $ 13,543.75 $ 11,647.60
Aspen Art Museum $ 75,000.00 $ 53,337.31
Aspen Chapel Gallery $ 4,000.00 $ 4,000.00
Aspen Choral Society $ 10,000.00 $ 7,536.84
Aspen Community Theater $ 25,000.00 $ 16,617.49
Aspen Dance Connection $ 4,000.00 $ 3,475.73
Aspen Film $ 50,000.00 $ 39,843.01
Aspen Fringe Festival $ 20,000.00 $ 9,446.51
Aspen Indigenous Foundation $ 51,333.00 $ 33,249.61
Aspen Music School $ 100,000.00 $ 76,625.42
Aspen Santa Fe Ballet $ 85,000.00 $ 68,514.96
Aspen Words $ 30,000.00 $ 26,610.23
Bayer Center $ 40,000.00 $ 30,285.73
Dance Aspen $ 50,000.00 $ 8,542.26
High Country Sinfonia $ 2,000.00 $ 2,000.00
Inspire Aspen Foundation $ 35,000.00 $ 2,222.22
Jazz Aspen Snowmass $ 75,000.00 $ 54,443.31
Roaring Fork Friends of the Theatre $ 15,000.00 $ 8,553.81
Roaring Fork Music Society $ 5,000.00 $ 5,000.00
Sarah Pletts Dance Theatre $ 12,000.00 $ 2,222.22
Sopris Theatre $ 3,830.00 $ 2,930.21
The Art Base $ 35,000.00 $ 27,874.82
The Arts Campus at Willits $ 25,000.00 $ 19,712.84
Theater Masters $ 15,000.00 $ 10,649.37
Theatre Aspen $ 75,000.00 $ 61,783.66
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Community Non-Profit Grant Funding Recommendations:
Organization Funding Request Funding Recommendation
Access After School $ 15,000.00 $ 10,816.32
Andy Zanca Youth Empowerment Program $ 2,500.00 $ 2,041.67
Aspen Center For Environmental Studies* $ 20,000.00 $ 16,665.48
Aspen Cycling Club $ 5,000.00 $ 4,144.44
Aspen Hall of Fame $ 3,000.00 $ 2,703.33
Aspen Historical Society $ 30,000.00 $ 26,193.36
Aspen Institute $ 20,000.00 $ 15,811.40
Aspen Journalism $ 30,000.00 $ 19,322.06
Aspen Public Radio $ 100,000.00 $ 86,900.73
Aspen Science Center $ 10,000.00 $ 5,858.56
Aspen Sister Cities $ 10,000.00 $ 6,996.84
Aspen Valley Ski & Snowboard Club $ 70,000.00 $ 62,504.05
Aspen Youth Center $ 27,500.00 $ 23,957.11
Basalt Education Foundation $ 8,000.00 $ 4,686.40
Carbondale Community Access Radio $ 25,000.00 $ 9,303.84
Challenge Aspen $ 15,000.00 $ 11,542.63
Colorado Fourteeners Initiative $ 5,000.00 $ 5,000.00
English in Action $ 6,000.00 $ 4,789.84
Forest Conservancy $ 4,800.00 $ 4,800.00
Friends of CAIC $ 10,000.00 $ 6,275.60
GrassRoots $ 95,000.00 $ 79,490.96
Independence Pass Foundation $ 20,000.00 $ 17,439.85
Junior Achievement of the RFV $ 5,000.00 $ 4,516.67
Pauline S Schneegas Wildlife Foundation $ 5,000.00 $ 4,222.22
Project Graduation $ 1,500.00 $ 1,500.00
Raising A Reader $ 10,000.00 $ 7,114.76
Roaring Fork Conservancy* $ 10,000.00 $ 7,996.90
Roaring Fork Leadership $ 10,000.00 $ 6,504.27
Roaring Fork Outdoor Volunteer* $ 11,000.00 $ 8,378.92
Roaring Fork Valley Storytellers $ 5,000.00 $ 4,433.33
Science in Schools (Via Aspen Elementary) $ 2,450.00 $ 1,945.25
Shining Stars Foundation $ 10,000.00 $ 7,459.55
Summit 54 $ 25,000.00 $ 15,144.90
The Farm Collaborative $ 100,000.00 $ 9,669.00
Wilderness Workshop $ 10,000.00 $ 7,855.65
Youth Entity $ 10,000.00 $ 6,684.11
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*Funded in part by the Parks & Open Space Fund
Health & Human Services Grant Funding Recommendations:
Organization Funding Request Funding Recommendation Funding
Term
(Years)
A Way Out $ 20,000.00 $ 20,000.00 2
Alpine Legal Services $ 20,000.00 $ 20,000.00 2
Aspen Family Connection $ 17,000.00 $ 17,000.00 1
Aspen Hope Center $ 22,000.00 $ 22,000.00 1
Aspen Strong $ 15,000.00 $ 12,233.33 1
Bridging Bionics Foundation $ 5,000.00 $ 5,000.00 2
Callie’s Backyard $ 5,000.00 $ 3,677.78 1
Casa of the Ninth $ 2,500.00 $ 2,500.00 2
Catholic Charities $ 20,000.00 $ 20,000.00 2
Community Health Services $ 55,000.00 $ 55,000.00 1
Huts For Vets $ 5,000.00 $ 5,000.00 1
LiftUp $ 10,000.00 $ 10,000.00 2
MindSprings Foundation** $ 25,000.00 $ 25,000.00 1
Mountain Valley Development Services $ 15,000.00 $ 12,866.67 2
Pathfinders $ 10,000.00 $ 10,000.00 2
Planned Parenthood of the Rocky
Mountains
$ 5,000.00 $ 5,000.00 1
River Bridge Regional Center $ 2,750.00 $ 2,750.00 2
Roaring Fork Gay & Lesbian Fund $ 5,000.00 $ 4,355.56 1
Smiling Goat Ranch $ 5,000.00 $ 5,000.00 2
The Buddy Program $ 20,000.00 $ 20,000.00 2
The Meeting Place $ 4,000.00 $ 3,511.11 1
Western Slope Veterans Coalition $ 8,000.00 $ 6,737.78 1
Windwalkers $ 5,000.00 $ 5,000.00 2
Youth Zone $ 10,000.00 $ 10,000.00 2
*Due to the uncertainty in operations surrounding the Aspen Homeless Shelter, the organization is not
currently recommended to receive an award. Should circumstances change, its $25,000 award, or some
portion thereof, may be released later.
**Supported via Pitkin County Mental Health & Substance Use IGA in addition to this grant
recommendation.
31
In-Kind Grant Funding Recommendations:
Organization In-Kind Request Amount In-Kind Recommendation
5Point Film Festival $ 4,000.00 $ 3,000.00
Aspen Art Museum $ 5,000.00 No Award
Aspen Choral Society $ 10,000.00 $ 3,000.00
Aspen Film $ 10,000.00 $ 4,500.00
Aspen Fringe Festival $ 10,000.00 $ 4,500.00
Aspen Historical Society $ 3,500.00 $ 3,500.00
Aspen Indigenous Foundation $ 5,807.00 $ 4,500.00
Aspen Junior Hockey $ 45,000.00 $ 41,200.00
Aspen Mother Puckers $ 7,968.00 $ 2,656.00
Aspen Santa Fe Ballet $ 3,100.00 $ 3,000.00
Aspen Skating Club $ 25,000.00 $ 23,175.00
Aspen Swim Club $ 20,000.00 $ 17,100.00
Aspen Words $ 2,500.00 $ 2,500.00
Aspen Youth Center $ 25,000.00 $ 25,000.00
Huts For Vets $ 10,000.00 $ 10,000.00
Jazz Aspen Snowmass $ 6,000.00 $ 4,500.00
Revolutions Skating Club $ 15,000.00 $ 15,000.00
Roaring Fork Gay & Lesbian
Fund
$ 15,000.00 $ 15,000.00
Sopris Theatre $ 1,170.00 $ 1,000.00
32
MEMORANDUM
TO: Mayor and City Council
FROM: Sara Ott, City Manager
MEMO DATE: Friday, June 22, 2022
MEETING DATE: Tuesday, August 02, 2022
RE: 2022 Council Goals Progress Presentation
REQUST OF COUNCIL:
On July 20, 2021, the Aspen City Council met and participated in its goal setting retreat.
At that retreat Council developed ‘Council Critical Goals’ in which they requested staff to
focus efforts and resources on. This evening Council will be updated on the progress
and status of the goals by the goal leaders.
SUMMARY AND BACKGROUND:
Council Critical Goals are:
1. Increase number of Affordable Housing Units: In order to deliver an affordable
housing
system that is high quality, sustainable, and results in a lived-in community, Council will
continue to evaluate, identify opportunities, plan, partner, facilitate, and leverage existing
and new resources to invest in the development and maintenance of affordable housing.
This will be accomplished through:
a. Convening a City Housing Retreat;
b. Creating an affordable housing strategic plan;
c. Completing Council directed affordable housing development projects;
d. Continuing to seek additional affordable housing development opportunities;
e. Leveraging and amending regulations and policies in support of affordable
housing;
f. Supporting continuous improvement with the APCHA program, including
ensuring
adequate resources;
2. Increase the number of available childcare spaces
This will be accomplished through:
a. Plan, design to repurpose or build new buildings to add physical capacity to
increase available childcare space.
b. Increase the recruitment and retention of qualified early childhood teachers
c. Generate funding to support the development of new childcare spaces
3. Reduce Aspen’s Greenhouse Gas emissions: Take meaningful action and provide
leadership in reducing the Aspen community’s contribution to greenhouse gas emissions
by the amount which is scientifically proven to limit global temperature change.
33
This will be accomplished through:
a. Maximizing efficiency and minimizing carbon emissions in all of Aspen’s
emissions
inventory sectors including: Waste Reduction and Diversion, Transportation, and
the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and
global scales
This evening’s presentations will follow the above outline.
The Council Goals Scorecards are a supplement for the Council showing progress and
accomplishments for each goal, as well as next steps with an anticipated completion date.
DISCUSSION:
The intention of this presentation is to inform Council on the progress and status of
Council Critical Goals, to show where we started, how far we’ve moved the needle, and
where we are going together.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – Council Goals Scorecards PDF
Exhibit B – Goal 1.c. Memo & Update Presentation
Exhibit C – Goal 1.e. Memo & Update Presentation
Exhibit D – Goal 1.f. Memo & Update Presentation
Exhibit E – Goal 2.a.b.c. Memo & Update Presentation
Exhibit F – Goal 3.a.b. Memo & Update Presentation
34
2022 Council Goals Update -Scorecards
1
Council Critical Goals are:
1.Increase number of Affordable Housing Units:In order to deliver an affordable housing
system that is high quality,sustainable,and results in a lived-in community,Council will continue to evaluate,identify opportunities,plan,
partner,facilitate,and leverage existing and new resources to invest in the development and maintenance of affordable housing.
This will be accomplished through:
a.Convening a City Housing Retreat;
b.Creating an affordable housing strategic plan;
c.Completing Council directed affordable housing development projects;
d.Continuing to seek additional affordable housing development opportunities;
e.Leveraging and amending regulations and policies in support of affordable housing;
f.Supporting continuous improvement with the APCHA program,including ensuring
adequate resources;
2.Increase the number of available childcare spaces
This will be accomplished through:
a.Plan,design to repurpose or build new buildings to add physical capacity to increase available childcare space.
b.Increase the recruitment and retention of qualified early childhood teachers
c.Generate funding to support the development of new childcare spaces
3.Reduce Aspen’s Greenhouse Gas emissions:Take meaningful action and provide leadership in reducing the Aspen community’s
contribution to greenhouse gas emissions by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a.Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions
inventory sectors including:Waste Reduction and Diversion,Transportation,and the Built Environment
b.Leading climate policy and legislative efforts at local,regional,national,and global scales 35
2022 Council Goals Update – Goals 1.a.b.
2
1.Increase number of Affordable Housing Units:In order to deliver an affordable housing
system that is high quality,sustainable,and results in a lived-in community,Council will continue to evaluate, identify opportunities, plan,partner,facilitate,and
leverage existing and new resources to invest in the development and maintenance of affordable housing.
This will be accomplished through:
a.Convening a City Housing Retreat;
b.Creating an affordable housing strategic plan;
Status Goals and Objectives Lead(s)Accomplishments to
Present
Next Steps Expected Completion
Complete Convening a City
Housing Retreat
Diane Foster City Council’s Housing
Summit was held
December 6 & 7, 2021
Complete Creating an affordable
housing strategic plan
Diane Foster On April 26, 2022, City
Council Adopted the
2022-2026 Affordable
Housing Strategic Plan
guide the actions of City
Council and the City
Administration creating
new affordable housing.
36
2022 Council Goals Update –Goal 1.c.
1
1.Increase number of Affordable Housing Units:In order to deliver an affordable housing system that is high quality,sustainable,and results in a lived-in community,
Council will continue to evaluate,identify opportunities,plan,partner,facilitate,and leverage existing and new resources to invest in the development and
maintenance of affordable housing.This will be accomplished through:
c.Completing Council directed affordable housing development projects;
Status Goals and Objectives Lead(s)Accomplishments
(July 2021 –Present)
Next Steps
(Q3 2022-Q2 2023)
Expected Completion
In Progress Burlingame Ranch
Phase 3 housing
development
Chris E Construction is 75%
complete
Units are expected to
be ready for sale in
2023
79 ownership units
available 2023
In Progress Lumberyard housing
development
Chris E 100% schematic design Land use public hearing
approval process
2026-2027 Building 1 -
104 Rental Units
2028-2029 Building 2 -
91 Rental Units
2030-2031 Building 3 -
82 Ownership Units
37
2022 Council Goals Update – Goal 1.d.
1
1.Increase number of Affordable Housing Units:In order to deliver an affordable housing
system that is high quality,sustainable,and results in a lived-in community,Council will continue to evaluate, identify opportunities, plan,partner,facilitate,and
leverage existing and new resources to invest in the development and maintenance of affordable housing.
This will be accomplished through:
d.Continuing to seek additional affordable housing development opportunities
Status Goals and Objectives Lead(s)Accomplishments to
Present
Next Steps Expected Completion
In Progress Convert Old Mountain
Rescue property to
affordable housing use.
Scott Miller,
Jennifer Phalen,
Rob Schober
Received direction
from Council to convert
this property to
affordable housing.
Study current zoning and
development options for property,
present to Council.
Present options to
Council Third Quarter of
2022
In Progress Purchase existing units
to add to city’s
affordable housing
inventory.
Scott Miller,
Rob Schober
Angie Sprang
Purchase of 2
affordable employee
housing units from the
505 fund, both units
closed in July.
Staff to work with Council on
potential purchase of Burlingame III
affordable employee housing units,
and necessary updates to newly
acquired SMV affordable employee
housing unit.
Second Quarter of 2023
In Progress Search currently listed
real estate for purchase
and/or development
opportunities.
Scott Miller,
Rob Schober
Angie Sprang
Meet regularly with
city’s real estate broker
to seek potential
purchase opportunities.
Continue to seek opportunities and
present to City Manager and Council
any purchases that fit criteria.
Ongoing
38
2022 Council Goals Update –1.e.
1
1.Increase number of Affordable Housing Units: In order to deliver an affordable housing system that is high quality, sustainable, and results in a lived-in community,
Council will continue to evaluate, identify opportunities, plan, partner, facilitate, and leverage existing and new resources to invest in the development and
maintenance of affordable housing. This will be accomplished through:
e.Leveraging and amending regulations and policies in support of affordable housing; and
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected Completion
Complete Update the Fee-In-Lieu
rate
FIL rate updated via Ordinance
14 Series 2022
Complete Update the AH Credits
Program
Credits program amendment to
permit AH by right via Ordinance
13 Series 2022
Complete Increase incentives for
AH development in the
LUC
Zoning standards amendment to
permit AH by right via Ordinance
13 Series 2022
Complete Update AH Employee
generation/mitigation
rates
2015 study updated in 2022; new
rates adopted via Ordinance 13
Series 2022
In Progress Amend the multi-family
replacement standards
in the LUC
Consultant review of code
sections completed; policy and
regulatory changes proposed by
consultants
Future Council
direction required in
2023
39
2022 Council Goals Update –Goal 1.f.
1
1.Increase number of Affordable Housing Units:In order to deliver an affordable housing system that is high quality,sustainable,and results in a lived-in community,
Council will continue to evaluate,identify opportunities,plan,partner,facilitate,and leverage existing and new resources to invest in the development and
maintenance of affordable housing.This will be accomplished through:
f.Supporting continuous improvement with the APCHA program,including ensuring adequate resources.
Status Goals and Objectives Lead(s)Accomplishments to
Present
Next Steps Expected Completion
In Progress Voluntary Rightsizing Matthew
Gillen
Survey to all APCHA
residents
Policy Discussion
Decision by APCHA
board
2023
Completed/
Ongoing
Improve APCHA
sustainability
Matthew
Gillen
Improve seller standards
Seller home inspections
Enforce seller
standards
Ongoing
Compliance Improve Compliance:
1. Build trust in APCHA
2. Free up misused units
APCHA High profile compliance
Hearing officer
Budget request
Publicize results
New rental focus
Ongoing
Communication Improve communication:
1. Sell the APCHA story
2. Receive feedback
3. Spanish
APCHA Facebook live monthly
Bilingual newsletter
Community outreach
Education topics:
1. Deed restrictions
2. Community
3. Compliance
Ongoing
40
2022 Council Goals Update –Goal 1.f.
1
1.Increase number of Affordable Housing Units:In order to deliver an affordable housing system that is high quality,sustainable,and results in a lived-in community,
Council will continue to evaluate,identify opportunities,plan,partner,facilitate,and leverage existing and new resources to invest in the development and
maintenance of affordable housing.This will be accomplished through:
f.Supporting continuous improvement with the APCHA program,including ensuring adequate resources.
Status Goals and Objectives Lead(s)Accomplishments to
Present
Next Steps Expected Completion
In Progress Burlingame Ranch Phase
3 housing development
Chris E Construction is 75%
complete
Units are expected
to be ready for sale
in 2023
79 ownership units available 2023
In Progress Lumberyard housing
development
Chris E 100% schematic design Land use public
hearing approval
process
2026-2027 Building 1 -104 Rental Units
2028-2029 Building 2 -91 Rental Units
2030-2031 Building 3 -82 Ownership Units
41
2022 Council Goals Update –Goal 2.a.
1
2.Increase the number of available childcare spaces
This will be accomplished through:
a.Plan,design to repurpose or build new buildings to add physical capacity to increase available childcare space.
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected Completion
In Progress Plan, design to
repurpose or build new
buildings to add
physical capacity to
increase available
childcare space
Shirley Ritter
Jennifer Phelan
Completed activities include: site
selection, RFP, design contract,
Design Advisory Group mtgs,
nearing selection of one conceptual
design
Aug 16th Council presentation
to provide direction on
conceptual design & develop
schematic plans.
Fall -Schematic
presentation and
determine direction for
the project
Yellow Brick Building RFP, working
with the one qualified bidder.
Have an agreed upon lease
signed, get the new program
licensed and ready to open for
children.
Fall -Winter 2022 to
include full enrollment
and staffing
CMC infant room completed,
working with the prospective
operator and with licensing.
Have an agreed upon lease
signed, get the new program
licensed and ready to open for
children.
Fall -Winter 2022 to
include full enrollment
and staffing
42
2022 Council Goals Update –Goals 2.b.
2
2.Increase the number of available childcare spaces
This will be accomplished through:
b.Increase the recruitment and retention of qualified early childhood teachers
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected Completion
In Progress Increase the
recruitment &retention
of qualified early
childhood teachers
Shirley Ritter
Nancy Nichols
VIP award to current staff, paid to qualified
early childhood staff.
$38,000 paid to 43
early childhood staff
for the first 6 months
2022.
We will award these
funds to qualified staff
again in early December
2022.
Kids First Intern, first person in this role
successfully completed the requirements
and took a teacher position in a local
childcare program.
We are recruiting for
the next intern and
plan to repeat the
process.
The intern is a termed
position for up to one
year, we will repeat as
often as we can in order
to help provide
qualified staff to the
childcare programs.
Kids First has offered professional
development funding to every licensed
childcare program, has offered LENA
programming to infant and toddler
classrooms, and has worked with the Aspen
School District to fund early literacy training
and assessment in the preschool
classrooms.
Kids First will provide
coaching to support
the teachers using
these new techniques
and skills with the
children in the
classroom.
This will be an annual
program. Kids First will
collect data to show
improved skills and
teacher retention each
year.
43
2022 Council Goals Update –Goals 2.c.
3
2.Increase the number of available childcare spaces
This will be accomplished through:
c.Generate funding to support the development of new childcare spaces
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected Completion
In Progress Generate funding to
support the
development of new
childcare spaces
Shirley Ritter
CMO
Kids First participated in the
Employer Design Lab early in 2022.
We wrote a grant application for
employer sponsored childcare, but
were not funded since our project
would not be complete by their
deadline in early 2024.
We will have a community
meeting with potential partners
in August, and have begun to
work with a consultant whose
work is capital campaigns.
This is a long term goal
to support the
Burlingame childcare
center and will continue
well into 2024.
Kids First staff participates in
regional efforts including the Basalt
Early Childhood Coalition, the
Rocky Mountain Early Childhood
Council, and the Confluence Early
Childhood Coalition -who are
working on a regional taxing
district.
Kids First staff will bring more
information to city council on
these regional efforts and
impacts.
These are long-term
efforts that we
participate in regularly,
but that will continue to
build on relationships
and shared funding.
44
2022 Council Goals Update –Goal 3.a.b.
1
3.Reduce Aspen’s Greenhouse Gas emissions:Take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas
emissions by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a. Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions inventory sectors including: Waste Reduction and Diversion,
Transportation, and the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global scales
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected
Completion
In Progress Building Energy Use Tessa Schreiner, Clare
McLaughlin, Ben
Anderson, Garrett Larimer
In April 2022, City Council passed the
Building IQ ordinance, requiring energy
and water benchmarking for City-
owned, commercial, and multi-family
buildings over a certain square footage
and a building performance standard to
be developed by October 2023. In June
2022, as a part of the moratorium
process, City Council passed ordinances
establishing residential demolition and
redevelopment standards, requiring
enhanced building and energy
performance as a test case for eventual
adoption in the building and energy
codes, and requiring energy and water
benchmarking for residential projects
that have that have triggered the
Demolition threshold.
Implementing the
benchmarking phase of
the Building IQ ordinance
and developing the
building performance
standard phase. Fully
adopting building and
energy codes in Fall 2022.
Implementing the action
items in Ordinance 13.
June 2023
45
2022 Council Goals Update –Goal 3.a.b.
2
3.Reduce Aspen’s Greenhouse Gas emissions:Take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas
emissions by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a.Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions inventory sectors including:Waste Reduction and Diversion,
Transportation,and the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global scales
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected
Completion
In Progress Waste Reduction Tessa Schreiner,
Ainsley Brosnan-Smith,
Garrett Larimer
At the February 2022 Work Session
with City Council on Organics
diversion, Council directed staff to
develop an ordinance prohibiting
organics from the landfill. Staff began
drafting the ordinance and soliciting
feedback from key stakeholders. In
June 2022, Council passed Ordinance
14, which included requirements for
certain residential developments to
report on embodied carbon, report to
Green Halo, and divert 35% of
construction waste. In July 2022, staff
began piloting a compost drop-off
center at the Rio Grande Recycling
Center.
Finalize the updates to the waste
ordinance, including a rolled-out
prohibition to putting organics in
the landfill and bring to City Council
for consideration and adoption.
Present on construction and
demolition (C&D) updates to City
Council in a Work Session. Continue
working on the Construction
Mitigation Plan (CMP) waste
diversion standards. Continue
working on a plan to improve the
City of Aspen organization's
diversion rate.
February
2023
46
2022 Council Goals Update –Goal 3.a.b.
3
3.Reduce Aspen’s Greenhouse Gas emissions:Take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas
emissions by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a.Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions inventory sectors including:Waste Reduction and Diversion,
Transportation,and the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global scales
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected
Completion
In Progress Fleet Electrification Tessa
Schreiner,
Tim Karfs
As of August 2022, the City of Aspen now has 13
electric vehicles in its fleet with APD's purchase of
five Teslas this year. In May 2022, Council directed
staff to develop an internal fleet electrification
plan; a roadmap and process for strategically
transitioning the City of Aspen's fleet to electric
and zero emissions. In July 2022, the City of Aspen
became a GoEV City, joining a cohort of forward-
thinking communities in Colorado dedicated to
electrifying their fleets to reach a zero emissions
goal by 2050. Since fall 2021, the City has installed
two new DC fast chargers at City Hall and Galena
St. Following the EV Masterplan adopted by City
Council, the City has created a timeline to begin
charging for electric vehicle charging stations
beginning in August 2022.
Finalize the internal fleet
electrification plan and bring to
Council for consideration and
adoption. Continue to install
chargers in public spaces and right-
of-ways in accordance with the EV
Public Charging Masterplan. Staff
will work with Aspen Electric and
the Finance Department to
establish policy and rates for
electric vehicle charging at Level 2
stations.
TBD
47
2022 Council Goals Update –Goal 3.a.b.
4
3.Reduce Aspen’s Greenhouse Gas emissions:Take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas
emissions by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a.Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions inventory sectors including:Waste Reduction and Diversion,
Transportation,and the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global scales
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected
Completion
In Progress Long-range Planning CJ Oliver,
Tessa Schreiner
In January 2022, staff completed the 2020
greenhouse gas emissions inventory for the
community and the city as an organization. In
summer 2022, staff began working on a
technical update to the City of Aspen's Climate
Action Plan. This update incorporates actions
for all sectors including Transportation, Waste
Reduction, Renewable Energy, and Buildings
and provides a pathway to achieve 63% GHG
reductions by 2030 and zero carbon by 2050.
This long-range plan will be centered in
equitable community engagement principles.
Work with the Climate team's
Equity and Community Engagement
Fellow on conducting community
listening sessions. Incorporate the
findings of these listening sessions
into the technical update of the
Climate Action Plan and bring to
Council for consideration and
adoption in spring 2023.
Spring 2023
48
2022 Council Goals Update –Goal 3.a.b.
5
3.Reduce Aspen’s Greenhouse Gas emissions:Take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas
emissions by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a.Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions inventory sectors including:Waste Reduction and Diversion,
Transportation,and the Built Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global scales
Status Goals and Objectives Lead(s)Accomplishments to Present Next Steps Expected
Completion
In Progress Policy Tim
Karfs
In addition to programs and policy-making at the local level, staff
are engaged in and actively influencing climate and environmental
policy that is in alignment with Council goals at the state and federal
level. In November 2021, the City of Aspen signed on to Race to
Zero through ICLEI -Local Governments for Sustainability. By
joining, Aspen has committed to reducing its fair share of emissions
by 63% by 2030 and 100% by 2050 (using 2017 as a baseline year) -
these are Aspen's new science-based targets for community
emissions reduction. This state legislative session which convened
on January 12 and ended on May 11 saw the passing of HB-1355
producer responsibility legislation, HB-1362 updates to the
statewide energy code, and HB-1244 which will improve how the
state tackles hazardous air pollutants. At the federal level, Council
advocated for more protections for Bureau of Land Management
Lands as part of the administration's America the Beautiful
Initiative. In July 2022, City Council signed a resolution for Aspen to
join GoEV City, a coalition of Colorado cities and counties
committed to reaching 100% electric and zero emission vehicles by
2050.
In the interim
between state
legislative sessions
which will start back
up in January 2023,
staff will work
continue to work
with partner
organizations to find
opportunities to
support and advance
pro climate and
environment
solutions at the
federal level.
Ongoing
49
6 50
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Everson, Affordable Housing Development Project Manager
THROUGH: Rob Schober, Capital Asset Director
MEMO DATE: 07/22/2022
MEETING DATE: 08/02/2022
RE: 2022 Council Goals Progress Presentation – Goal 1.c.
Affordable Housing Developments
REQUEST OF COUNCIL: Information only
BACKGROUND: Goals were adopted by Council. Update is discussed below.
DISCUSSION: One of Council’s critical adopted goals is:
1. Increase number of Affordable Housing Units: In order to deliver an affordable housing
system that is high quality, sustainable, and results in a lived-in community, Council will
continue to evaluate, identify opportunities, plan, partner, facilitate, and leverage existing and
new resources to invest in the development and maintenance of affordable housing. This will
be accomplished through:
a. Convening a City Housing Retreat;
b. Creating an affordable housing strategic plan;
c. Completing Council directed affordable housing development projects;
d. Continuing to seek additional affordable housing development opportunities;
e. Leveraging and amending regulations and policies in support of affordable housing;
and
f. Supporting continuous improvement with the APCHA program, including ensuring
adequate resources.
Update item 1C: Completing Council directed affordable housing development projects;
• Construction of Burlingame Ranch Phase 3 is approximately 75% complete. A total of 79
new APCHA deed restricted units will be ready for sale in 2023. Sales schedule is TBD.
• The design of the Lumberyard project has reached the 100% Schematic Design (SD)
milestone, with 277 units and 467 bedrooms. The development application is currently
being drafted based on the 100% SD design, and the land use public hearing approval
process is expected to occur beginning 4Q2022 and potentially into 2Q2023.
The implementation is planned to be phased, with the City beginning demolition, access,
utilities and infrastructure work starting in 2024. Phases of vertical implementation are
51
Page 2 of 2
expected to be accomplished through public private partnerships, which will be sought while
infrastructure is being put in place. Financial planning for the implementation is ongoing and
may require a public vote on debt financing prior to the start of any vertical implementation
phases.
FINANCIAL/BUDGET IMPACTS: TBD
ENVIRONMENTAL IMPACTS:
ALTERNATIVES:
RECOMMENDATIONS:
CITY MANAGER COMMENTS:
ATTACHMENTS:
52
2022 Council Goals Update – Goal 1.c.
1
1. Increase number of Affordable Housing Units:In order to deliver an affordable housing system that is high quality, sustainable, and results in a lived-in community,
Council will continue to evaluate, identify opportunities, plan, partner, facilitate, and leverage existing and new resources to invest in the development and
maintenance of affordablehousing. This will be accomplishedthrough:
c. Completing Council directed affordable housing development projects;
Status Goals and Objectives Lead(s)Accomplishments
(July 2021 – Present)
Next Steps
(Q3 2022-Q2 2023)
Expected Completion
In Progress Burlingame Ranch
Phase 3 housing
development
Chris E Construction is 75%
complete
Units are expected to
be ready for sale in
2023
79 ownership units
available 2023
In Progress Lumberyard housing
development
Chris E 100% schematic design Land use public hearing
approval process
2026-2027 Building 1 -
104 Rental Units
2028-2029 Building 2 -
91 Rental Units
2030-2031 Building 3 -
82 Ownership Units
53
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Phillip Supino, Community Development Director
Ben Anderson, Principal Long-Range Planner
MEMO DATE: 07/22/2022
MEETING DATE: 08/02/2022
RE: 2022 Council Goals Progress Presentation – Goal 1.e.
Affordable Housing; Community Development
REQUEST OF COUNCIL: Council is asked to evaluate our collective progress towards increasing the
number of Affordable Housing Units. Affordable Housing was identified as one of Council’s Critical Goals
for 2022. Community Development shares participation in this goal with APCHA and Capital Asset, whose
information is presented separately.
SUMMARY AND BACKGROUND: Following Council’s 2021 Retreat and the identification and definition
of the affordable housing goal, Community Development staff have worked to identify opportunities within
the Land Use Code to further Council’s Goal. The declaration of the Moratorium in December of 2021
gave urgency to the timing of this work and staff has worked over the last several months to bring the
moratorium to a conclusion through the adoption of several important improvements to the code in the
facilitation of affordable housing development.
Community Development’s work toward this goal in the last year:
Spring of 2021
• Completion of a new Fee-in-lieu calculation and update methodology
• Improvements to the Affordable Housing Credits Program
• Removal of the incentives for Lodge Development that had reduced AH mitigation requirements.
• Improvements and clarity to the Multi-Family Replacement regulations.
In this series of four Ordinances passed in May of 2021, Council adopted several changes to respond to
issues within affordable housing mitigation requirements and the AH credits program. Perhaps most
importantly, a new methodology for the calculation of Fee-in-Lieu was implemented that included actual
land and construction costs for both public and private sector affordable housing development.
Fall of 2021
• ComDev staff contributed to the planning and facilitation of the Council Retreat, the Housing
Retreat, and the development of the Affordable Housing Strategic Plan.
• ComDev continued to work with Council related to concerns within the Growth Management Quota
System and affordable housing mitigation requirements.
• Staff presented Ord. #24, Series of 2021 to amend aspects of the LUC related to the calculation of
affordable housing mitigation. Council tabled that ordinance in November, 2021.
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Staff Memo, ComDev AH Goal
Critical Goals Update
Page 2 of 3
Winter, Spring and Summer of 2022
Following the declaration of the moratorium, staff worked with Council, our consultant team, and the
community in arriving at the passage of Ordinances #13 and #14 of 2022 on June 30, 2022. These
ordinances amended the Land Use Code in the following ways in support of affordable housing:
• Increasing the AH mitigation requirements for the redevelopment of single-family and duplex
residential units. This was primarily achieved by eliminating the exemption for basements and
garages and removing the credit for existing floor area in redevelopment scenarios.
• Streamlining the land use review process for affordable housing development that is compliant with
the LUC. Compliant projects will now be reviewed administratively.
• Removing obstacles and creating new opportunities for AH development within the Zone District
requirements in Part 700 of the Code. While AH is now a permitted use across most commercial
and residential zones, the changes did not increase the intensity or height of AH development in
response to clear statements from the community that while welcome, AH should be consistent
with established community and neighborhood character.
• Completing the annual update to the Fee-in-Lieu using a national construction cost index.
Lumberyard Entitlements
Additionally, ComDev staff has been working closely with the Lumberyard design and planning team to
facilitate important land use reviews necessary to the project’s eventual entitlements. This includes the
successful annexation and rezoning of the property in Spring 2022. We are currently outlining the
requirements for the Land Use application for the Planned Development that when approved, will ultimately
define the project.
STAFF DISCUSSION: While staff firmly believes that the efforts identified above will all have important
outcomes, the Land Use Code is limited in its ability to create actual affordable housing units. However,
the levers that are available have been moved in more robust support of AH development – for both the
public and private sector. While there is more that can be done, it is staff’s view that the changes,
particularly in the recently passed Ordinance #13 will create important new openings and funds for AH
development.
Next Steps in 2022
Staff recommends that our next priority should be the evaluation and implementation of improvements in
further support of the AH Credits program. As Council is aware, there are currently significant supply and
demand issues within the market for AH Credits, undermining its effectiveness and long-term viability. It is
staff’s belief that important changes are necessary to the program if it is to become sustainable in the long-
term. With direction from Council, staff is prepared to begin conversations with Council about possible
changes to the program moving forward.
CONCLUSION AND NEXT STEPS: Essential progress has been made been made over the last year.
ComDev staff will continue to work with our colleagues at APCHA and City Asset to make sure the Land
Use code continues to support the City’s efforts to meet our affordable housing demands.
FINANCIAL IMPACTS: None at this time.
ENVIRONMENTAL IMPACTS: None at this time.
55
Staff Memo, ComDev AH Goal
Critical Goals Update
Page 3 of 3
ALTERNATIVES: N/A
RECOMMENDATIONS:
CITY MANAGER COMMENTS:
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18 Truscott Pl Aspen, CO 81611
(970) 920-5050 www.apcha.org / hometrek.force.com
Strengthening Community Through Workforce Housing
1
MEMORANDUM
TO:Mayor Torre and City Council
FROM:Matthew Gillen, Executive Director, APCHA
MEMO DATE:07/18/2022
REQUEST OF COUNCIL:2022 Council Goals Progress Presentation – Goal 1.f.
Continuous Improvement of the APCHA Program
You have requested an update on a Council goal: Increase number of Affordable Housing
Units. In order to deliver an affordable housing system that is high quality, sustainable, and
results in a lived-in community, Council will continue to evaluate, identify opportunities, plan,
partner, facilitate, and leverage existing and new resources to invest in the development and
maintenance of affordable housing. A vital part of this effort is supporting continuous
improvement with the APCHA program.
Voluntary Rightsizing: Per the goal in the Affordable Housing Strategic Plan, APCHA is looking
for ways to unlock the possibly 400 unused bedrooms in the APCHA program. This approach is
the most cost-effective way to increase the number of bedrooms in the APCHA program. With
a unanimous vote by the APCHA board, APCHA has made clear that any rightsizing will be
purely voluntary. This will allay the fears of community members. In May and June of 2022
APCHA surveyed APCHA owners on what incentives could induce them to move to a smaller
unit. This survey is being analyzed for actionable items to discuss further with the APCHA
board.
Improve Sustainability of APCHA: Per the goal in the Affordable Housing Strategic Plan,
APCHA is working to improve the sustainability of the APCHA program. For example, starting
in January 2022, all homes sold in the APCHA system are inspected by an independent housing
inspector to produce a formal home inspection report. Knowledge that the home will
evaluated during a sale gives an incentive to owners to maintain their homes. APCHA will
continue to monitor and improve standards for sellers.
Compliance:APCHA runs a robust compliance program on owner units using a biennial
affidavit completed by owners, and by following up on other information that we may receive
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to ensure compliance. We take tips anonymously though the APCHA website, or by any other
means including phone calls. Every other year owners must attest that they 1. Are still working
in Pitkin County 2. Do not own other developed residential property in the Roaring Fork valley
(the owner exclusion zone) 3. Live in unit least 9 months out of each calendar year. Owners
are only assessed on their individual financial situation when they buy a property. We do not
review personal finances after the sale. This for two reasons: legally the owner owns the
property and APCHA does not have the right or power legally to force a sale. Secondly, the
APCHA board has always maintained the position that it is not in the best interest of the
program or the customers to monitor and possibly punish owners for financial good fortune
throughout their lives. People buying through APCHA must show that they are qualified
financial at the point of sale only.
Owners who are unable or unwilling to come into compliance are given an opportunity to
present their case before the neutral APCHA hearing officer. The hearing officer’s decision is
affirmed or denied by the APCHA board. This arrangement is new and we are working our way
through the first wave of cases.
After a two year slow down due to the pandemic, APCHA is resetting compliance priorities,
including in the rental program. Starting in the fall (due to staffing issues), APCHA leadership
will chair a monthly meeting to review delinquent rental accounts, give renters time to come
into compliance, and take appropriate action on those who decline to follow APCHA
regulations. This ultimately could include non-renewal of leases or eviction. Additionally,
APCHA will be requesting a new compliance manager position in the 2023 budget.
Communication: APCHA is dramatically increasing outreach to the community. This is to both
increases awareness of APCHA in Pitkin County, and to provide community members easy
access to APCHA leadership to provide input and feedback. APCHA has relaunched an active
social media presence to push out information. Executive Director Matthew Gillen hosts a
monthly live session on Facebook, on a variety of topics, and responds to questions in real time
during these sessions. More formally, APCHA is publishing a thrice yearly newsletter to APCHA
residents. The newsletter is published in both English and Spanish. Additionally, some
Facebook live sessions are in Spanish such as the May 2022 which was conducted by Executive
Director Matthew Gillen and bilingual APCHA staff member Julia Peralta. Matthew Gillen has
also conducted listening sessions with specific APCHA customer communities such as both
Woody Creek and Aspen Country Inn residents.
Collaboration:APCHA is seeking to leverage collaboration with other organization to achieve
mutual goals. For example, APCHA and Aspen CORE (Community Office for Resource
Efficiency) are partnering to give APCHA owners access to a number of CORE household energy
evaluations and then energy efficiency improvement grants.
64
MEMORANDUM
TO: Aspen City Council
FROM: Shirley Ritter, Director, Kids First
THRU: Sara Ott, City Manager,
Diane Foster, Assistant City Manager
Scott Miller, Assistant City Manager
MEETING DATE: 07/08/2022
RE: 2022 Council Goals Progress Presentation – Goals 2.a.b.c.
City Council’s Childcare Capacity Goal Summary
PURPOSE:
The purpose of this memo is to provide an update for achieving City Council’s Critical 2-year
childcare capacity goal.
SUMMARY & BACKGROUND:
On August 10, 2021, City Council adopted Resolution #76_Series 2021, which directed staff to
increase the number of available childcare spaces.
This will be accomplished through:
1. Plan, design to repurpose or build new buildings to add physical capacity to increase
available childcare space.
2. Increase the recruitment and retention of qualified early childhood teachers.
3. Generate funding to support the development of new childcare spaces.
This goal runs for two years, with an expected completion date of July 2023. This is a short
timeframe to accomplish this overall goal; however, the next two years will include measurable
steps to show accomplishments that are achievable. The need to expand childcare capacity has
been an ongoing part of Kids First’s mission. This City Council goal provides added support and
a clear path to achieve this goal.
This goal includes five key workplan areas with activities that will happen for the next two years.
These elements are:
1. Planning and Design for a new childcare building,
2. Recruitment and Retention of early childhood workforce,
3. Funding to meet the community need for early childhood,
4. Policy,
5. Long-range Planning.
Where we started Have we moved the needle Where are we going together
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In previous meetings we have provided information from the childcare needs survey conducted
by the City of Aspen, Town of Basalt, and the Town of Snowmass Village. We have also shared
current childcare program information, capacity, and quality data. We discussed licensing
standards and looked at the Colorado Shines Quality Rating and Information System (QRIS) used
across the state of Colorado.
We talked about an important consideration when thinking about the need for additional capacity
for childcare, that is the number of children that can be cared for in one classroom, and at different
ages. This begins to also address the number of staff needed to support increased capacity. We
also talked about the history of the city owned Yellow Brick Building, the subsidized rent, and the
value of this childcare space.
In previous work sessions we also talked about regional efforts and what is happening elsewhere
in the valley – Snowmass Village, Basalt, and a proposed taxing district.
We also discussed state funding available to local childcare programs for a variety of purposes,
as well as ECE101 and ECE103 being offered through CMC for no charge. Kids First has worked
closely with the Rocky Mountain Early Childhood Council to make sure all childcare programs are
aware of these opportunities and are available to help navigate is needed.
We’ve also talked about policy developments that continue to support early childhood education,
and our work with consultants for fund development.
Planning and Design for a new childcare building
• An infant childcare room at Colorado Mountain College (CMC)
o We plan to open this room as soon as an operator is identified and can become
licensed in this space.
• Burlingame Early Childhood Education Center: This is the long-term planning, likely
two years, to meet the existing and future need for childcare in our community.
o We will have a council work session, scheduled for August 16 to provide direction
on conceptual design.
• We are in conversation with the qualified bidder for the classrooms at the Yellow Brick
Building. We plan to open these rooms as soon as agreement is reached, and licensing
is secured.
Recruitment and Retention of early childhood workforce
The first VIP awards have been distributed - $38,000 to 43 early childhood staff! The next award
will happen in December 2022 and we hope even more staff apply.
Kids First hired an early childhood intern in 2021 and provided early childhood education and
classroom experience needed for her to successfully move into a lead teacher position in a local
childcare program. She has completed our program and has been hired by a Pitkin County
childcare program. This is a termed position, with the intention of moving qualified people into the
workforce. We have re-opened this position and plan to repeat our success.
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Long-range Planning
Kids First is working regionally to implement an online waitlist platform that will make access
easier and more transparent for families, as well as more efficient for program directors. It will
have real time information for everyone involved.
Kids First asks childcare programs for annual information concerning enrollment capacity, hours,
tuition charges, staffing. With the new VIP award, we will review data more frequently that looks
at staff capacity, wages, and retention.
Staff will compare this data with past information and future needs. We will consider our financial
ability to support increased capacity and staffing operationally. We continue to participate with
regional and state partners for technical support, and opportunities to work regionally. Our goal is
to support families much longer than the 2-year council goal, making quality childcare the
foundation for successful learning for all young children.
Key Council Dates:
City Council work session August 16, 2022 – Burlingame Design work session
City Council work session September 19, 2022 – Childcare Capacity Goal work session
67
City Council Critical Goal
Childcare Capacity
Shirley Ritter, Director Kids First August 8, 202268
Childcare Capacity Goal
Increase the number of available childcare spaces.
This will be accomplished through:
1. Planning to repurpose or build new
buildings to add physical capacity and
increase available childcare space.
2. Increasing the recruitment and retention of qualified early childhood
teachers.
3. Generating funds to support the development of new childcare spaces.
69
Five Key workplan areas to accomplish this critical goal
1.Planning and Design for a new childcare
building
2.Recruitment and Retention of early
childhood workforce
3.Funding to meet the community need for
early childhood
4.Policy
5.Long-range Planning
70
Where are we going together?
•August 16, council work
session to gain direction on
Burlingame conceptual
design questions
71
Where are we going together?
•September 19, council work
session to discuss increased
funding and programming for
work force recruitment and
retention
72
Where are we going together?
•Policy –changes in the near term
at the state and regional levels
•Regional partnerships –waitlist
software, data collection, planning
•Long-range Planning –building
the foundation for success
73
Thank you!
Shirley Ritter, Director Kids First August 8, 2022
74
MEMORANDUM
TO: Mayor Torre and City Council
FROM: Tessa Schreiner, Sustainability Manager; CJ Oliver, Environmental Health
and Sustainability Director
THRU: Phillip Supino, Director of Community Development
MEMO DATE: 08/02/2022
RE: 2022 Council Goals Progress Presentation – Goal 3.a.b.c.
Climate Goal Update
PURPOSE:
The purpose of this memo is to provide an update on the progress towards achieving City
Council’s 2-year climate goal.
SUMMARY & BACKGROUND:
On August 10, 2021, City Council adopted Resolution #76_Series 2021, which directed staff to
reduce Aspen’s Greenhouse Gas emissions in the following way: Take meaningful action and
provide leadership in reducing the Aspen community’s contribution to greenhouse gas emissions
by the amount which is scientifically proven to limit global temperature change.
This will be accomplished through:
a. Maximizing efficiency and minimizing carbon emissions in all of Aspen’s emissions
inventory sectors including: Waste Reduction and Diversion, Transportation, and the Built
Environment
b. Leading climate policy and legislative efforts at local, regional, national, and global scales
This goal runs for two years until July 2023, and staff is on track with progress to date. It is
important to note that Aspen will not be able to reduce emissions by the amount which is
scientifically necessary (63% by 2030 and zero carbon by 2050) in the two-year time frame.
However, this goal cycle includes both bold actions that lead to immediate GHG emission and
municipal solid waste reductions as well as long-term planning efforts to ensure Aspen remains
on a pathway to achieve net zero carbon and zero waste.
DISCUSSION:
As the goal language states, it is necessary to reduce emissions in multiple sectors to achieve
the overarching GHG reduction goals. For this reason, this goal includes five key workplan areas
or elements that are ongoing simultaneously through the goal cycle. These elements are: Waste
Reduction, Building Energy Use, Electric Vehicles, Policy, and Long-range Planning. Each of
these are described in more detail below and an update on specific timelines are provided in the
attached timeline.
Waste Reduction. Background: The disposal of Aspen’s waste accounts for 16% of total
community GHG emissions and approximately 75% of the material buried in the Pitkin County
landfill. Key action items for this goal cycle include increasing total waste diversion in City
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buildings and increasing organics and construction and demolition (C&D) diversion in the
community. Progress to date: To increase total waste diversion in City buildings, staff is creating
a comprehensive plan which includes enhanced education and expanded availability of diversion
containers. To increase organics diversion in the community, as directed by Council at the
February 2022 meeting, staff has engaged key community stakeholders and is in the final stages
of developing an updated waste ordinance which prohibits organics from the landfill over time.
Staff is also piloting a compost drop-off center at Rio Grande Recycling Center for residential use.
To address community-wide C&D diversion, Council passed Ordinance 13 which included
requirements for C&D diversion. Next steps: Staff is working to finalize the waste ordinance
update and bring to Council for consideration and adoption. Staff will also present on C&D updates
to City Council in a Work Session this fall, continue working on the construction mitigation plan
(CMP) waste diversion standards, and continue developing a plan to improve the City
organization’s diversion rate. In 2015, the waste study showed that the Pitkin County landfill is
20% municipal solid waste (MSW) and 80% non-MSW (e.g., C&D). Of the MSW, 58% is organic
material such as yard waste and food scraps. Of the non-MSW, nearly all is C&D waste.
Implementing programs to reduce both organics and C&D will have a huge impact on waste
reduction in the community, and the Pitkin County Solid Waste Center has recycling opportunities
in place for both C&D and organics to support diversion.
Building Energy Use. Background: Residential and commercial building energy use represents
57% of community wide GHG emissions. Progress to date: In April 2022, Council passed the
Building IQ ordinance, requiring energy and water benchmarking for certain properties and
establishing a building performance standard (BPS). Benchmarking alone can result in 2-3%
energy savings, and the established BPS will result in deeper savings over time. In June 2022,
Council passed Ordinance 13, establishing new residential demolition and redevelopment
standards which require enhanced building and energy performance as a test case for eventual
adoption in the building and energy codes, and requiring energy and water benchmarking for
residential projects that have triggered the Demolition threshold. Next steps: Staff, in partnership
with CORE, is implementing the Building IQ ordinance and will begin working with key community
stakeholders on developing the building performance standard in fall 2022. The BPS guidelines
will be brought to Council by October 2023 for consideration and adoption. In addition, staff will
begin implementing the new requirements established in Ordinance 13 and will bring new building
and energy codes to Council for adoption in Fall 2022. Finally, it is important to note that without
the eventual inclusion of all properties of all sizes in Building IQ, the City will not reach our
emissions reduction targets.
Fleet Electrification. Background: Cars, trucks, and buses on the roads account for 11% of the
Aspen community’s GHG emissions and 24% of the City’s operational emissions. The City’s fleet
consists of 125 vehicles total, 13 of which are fully electric, and 12 are hybrids. The key action
items for this goal cycle are to continue supporting fleet electrification at the community le vel by
deploying public charging stations, as prescribed in the Electric Vehicle Readiness Plan (EVRP)
and the Electric Vehicle Public Charging Infrastructure Masterplan (EVPCIM) and creating a
strategy and process to transition the City of Aspen’s internal fleet to zero emissions by 2050.
Progress to date: The City has deployed 18 electric vehicle charging plugs across the
community, with plans for more in the coming year, consistent with the recommendations in the
plans listed above. For internal vehicle electrification, staff across multiple departments are
working together to create a strategy and process for incorporating more electric and zero
emissions vehicles and equipment into the fleet, which will be brought to Council for consideration
and adoption in Q4 2022. In 2022, the City onboarded five new fully electric Teslas in the City’s
fleet for the Police Department. Next steps: Staff will continue installing chargers in public spaces
and rights-of-way and work with internal stakeholders to establish policy and rates for electric
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vehicle charging at Level 2 stations in accordance with the EVPCIM. Finally, staff will finalize the
internal fleet strategy and bring to Council for approval.
Policy. Background: While the City of Aspen can implement bold programs and policy at the
local level, much of Aspen’s long-term success is enabled or disabled by state and federal
legislation and policy. Climate action, including waste reduction, are named in City Council’s
Policy Agenda and staff are actively working in both state and federal policy spaces to influence
climate and environmental policy in alignment with community goals and council priorities.
Progress to date: In November 2021, the City of Aspen signed on to Race to Zero through ICLEI
- Local Governments for Sustainability, committing the City to reducing its fair share of emissions
by 63% by 2030 and 100% by 2050 (using 2017 as a baseline year); these are Aspen's new
science-based targets for community emissions reduction. The City supported two key climate-
related bills that passed in this year’s state legislative session HB22-1355, producer responsibility
legislation, and HB22-1362, updates to the statewide energy code. At the federal level, Council
advocated for more protections for Bureau of Land Management Lands as part of the
administration’s America Beautiful Initiative. Finally, In July 2022, City Council signed a resolution
for Aspen to join GoEV City, a coalition of Colorado cities and counties commit ted to reaching
100% electric and zero emission vehicles by 2050. Next steps: During the state legislative off
time, staff engages with state agencies around rule making procedures. Throughout the year,
staff relies on networks and partner organizations to track and engage with relevant opportunities
at the federal level.
Long-range Planning. Background: The actions listed above will deliver near term GHG
reductions that will also position ongoing reductions well into the future. At the same time, a
broader community plan is needed to direct future actions and guarantee that Aspen continues to
expand programming and pursue deeper GHG reductions towards 2030 and 2050 targets.
Aspen’s current Climate Action Plan needs an update and Aspen also needs to develop a plan to
achieve zero waste; these will be combined into one comprehensive action plan. Progress to
date: Staff has begun working to update the Climate Action Plan; the updated plan will incorporate
actions for all sectors including Transportation, Waste Reduction (including a road map to zero
waste), Renewable Energy, and Buildings and provide a pathway to achieve 63% GHG reductions
by 2030 and zero carbon by 2050, reflective of the community’s most updated greenhouse gas
emissions inventory (2020). This long-range plan will be centered in equitable community
engagement principles. Next steps: The plan will be available in draft form towards the end of
2022 and will be finalized and adopted by the end of the goal cycle, providing a launching pad for
additional climate and waste work once the City Council goal has ended.
FINANCIAL IMPACTS:
Each of the areas listed above requires trained staff as the primary means of accomplishing this
work. Capital costs as well as technical systems and consultants may be required in some
cases. As each item is brought in front of management and City Council, project budgets will be
included and discussed. The proposed 2023 budget for Environmental Health, Climate Action
and REMP includes operating and administrative expenses to support this goal in the near-term
and does not include any supplemental requests.
ATTACHMENTS:
Attachment A: Timeline
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7/26/22, 11:44 AM Attachment_A_-_Timeline.png (2304×1728)
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/1482999/Attachment_A_-_Timeline.png 1/178
City Council Carbon Goal:
Mid-point Update
Tessa Schreiner & CJ Oliver August 2, 202279
Council Goal
2
•This will be accomplished through:
Maximizing efficiency and minimizing
carbon emissions in all of Aspen's
emissions inventory sectors including:
Waste Reduction and Diversion,
Transportation, and the Built
Environment
•Leading climate policy and legislative
efforts at local, regional, national, and
global scales.
Take meaningful action and provide leadership in reducing the Aspen
community's contribution to greenhouse gas emissions by the amount which is
scientifically proven to limit global temperature change.
80
Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
81
Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
82
Waste Reduction
Successes and Progress to Date:
•Science-based targets
•Waste reduction plan for City buildings
•Updated waste ordinance in draft
•Pilot compost drop-off at Rio Grande
Recycle Center
•Ordinance 13 passed
Next Steps:
•Waste ordinance to Council
•C&D work session this fall
•Roll-out the waste reduction plan for
City buildings
•Updated Climate Action Plan
83
Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
84
Building Energy Use
Successes and Progress to Date:
•Building IQ ordinance passed
•CORE connecting with large
commercial properties for
assessments
•Ordinance 13 passed
Next Steps:
•Gather data from first benchmarking due
date (December 1, 2022)
•Develop a building performance
standard with stakeholders
•New building and energy code adoption
85
Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
86
Fleet Electrification
Successes and Progress to Date:
•Council approval to create a Fleet
Electrification Plan
•Aspen joined GoEV City
•18 electric vehicle charging plugs
deployed across community
•Five new EVs added to City fleet in
2022 (Teslas for Aspen Police
Department)
Next Steps:
•Develop Fleet Electrification Plan
•Continue installing chargers in
accordance with Electric Vehicle Public
Charging Infrastructure Masterplan
87
Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
88
Policy
Successes and Progress to Date:
•Aspen joined Race to Zero
•City supported two key climate bills:
–HB22-1355 (producer responsibility)
–HB22-1362 (statewide energy codes)
•Aspen joined GoEV City
Next Steps:
•Continue to work with key partners on
rulemaking and legislative sessions
89
Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
90
Long-range Planning
Successes and Progress to Date:
•Set science-based targets for
greenhouse gas emissions reduction
–-63% by 2030
–Zero carbon by 2050
•Beginning update of the Climate Action
Plan
•Equity and Community Engagement
Fellowship and community listening
sessions
Next Steps:
•Finalize updated CAP and bring to
Council for approval
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Key Elements to Accomplish the Goal:
Fleet Electrification
Waste Reduction
Building Energy Use
Policy
Long Range Planning
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MEMORANDUM
TO: Mayor and City Council
FROM: Sara Ott, City Manager
MEMO DATE: July 26, 2022
MEETING DATE: August 02, 2022
RE: Council Working Agreements – Kick off discussion
REQUST OF COUNCIL:
The City Manager seeks a robust discussion on the Council’s working agreements and
business processes. The specific requests for the August 2 work session are a 1)
discussion to gain Councilor’s feedback on what is working well and what is chall enging
about how the Council conducts is work, 2) feedback on the associated business
processes that support the work and 3) participation in discussion about effective
governing body practices. It is anticipated that there will be multiple work session s to
fully complete this work. The August 2 work session is an important kick off.
SUMMARY AND BACKGROUND:
During the 2021 City Manager evaluation, the Council and City Manager discussed the
merits of updating the Council’s working agreements and busin ess processes. In
particular, there was a desire by all parties to reach higher performance in governance
and administrative/executive responsibilities through 1) working together stronger as the
City Council governing body and 2) strengthening the City Council and staff partnership.
The last major update occurred in 2005 and resulted the Council’s rules and regulations
resolution.
The first educational opportunity for the Council and staff occurred on July 11, 2022 with
an effective governance and liability training provided by CIRSA’s legal counsel, Sam
Light.
DISCUSSION: The August 2nd work session is the first opportunity for the Council to
discuss amongst its members about what is working and where there are points of
concertation or confusion on Council’s operations. The City Manager will facilitate an
information gathering process for Councilors to provide individual perspectives on the
Council’s operations. The intent is for all attendees to engage in active listening about
what is working and what are opportunities for improvement.
If there are immediate ‘low hanging fruit’, the Council could come to agreement on
changes or clarifications of its operations during the work session. For other items, the
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staff will take the feedback from the information gathering to bring back options for the
Council to choose how it wants to move forward with operations.
Next, the City Manager will facilitate an introduction to effective governing bodie s
research and best practices. The attached brochure, Bridging the Gap, by the Novak
Consulting Group, will be utilized to structure the discussion. It is anticipated that the
Council will only get through the section titled ‘The Ideal Governing Board Member’ in this
first discussion. If time permits, the Council can move into the next section ‘Governance
Roles’. The next section, values, should be scheduled for a future time.
It is recommended that the Council commit time monthly on the work session agenda to
work through these operational matters and effective governance work, perhaps on the
same work sessions as Councilor updates and board and commission meeting updates.
Direction is requested on the frequency the Council wishes to spend time on these items.
ATTACHMENTS:
Aspen City Charter
Resolution 51-2005, adopting the rules and regulations of City Council
Bridging the Gap, The Novak Consulting Group
94
HOME RULE CHARTER
for the
CITY OF ASPEN, COLORADO
June 16, 1970
Published by
COLORADO CODE PUBLISHING COMPANY
Fort Collins, Colorado
95
Contents
ARTICLE I ........................................................................................................................................................................... 6
GENERAL PROVISIONS ................................................................................................................................................... 6
Section 1.1. Name and boundaries. ............................................................................................................................ 6
Section 1.2. Rights and liabilities. .............................................................................................................................. 6
Section 1.3. Form of government. .............................................................................................................................. 6
Section 1.4. Powers. ................................................................................................................................................... 6
ARTICLE II .......................................................................................................................................................................... 6
ELECTIONS ........................................................................................................................................................................ 6
Section 2.1. Colorado Municipal Election Laws adopted. ......................................................................................... 6
Section 2.2. Municipal elections. ............................................................................................................................... 6
Section 2.3. Election precincts. .................................................................................................................................. 7
Section 2.4. Election commission. ............................................................................................................................. 7
Section 2.5. Recall. .................................................................................................................................................... 7
Section 2.6. Non-partisan elections. ........................................................................................................................... 8
Section 2.7. Run-off elections .......................................................................................................................................... 8
ARTICLE III ........................................................................................................................................................................ 9
COUNCIL ............................................................................................................................................................................ 9
Section 3.1. The council. ............................................................................................................................................ 9
Section 3.2 Terms of office for members of Council. ...................................................................................................... 9
Section 3.3 Mayor. ......................................................................................................................................................... 9
Section 3.4. Powers of council. .................................................................................................................................. 9
Section 3.5. Qualifications. ........................................................................................................................................ 9
Section 3.6. Compensation. ...................................................................................................................................... 10
Section 3.7. Mayor pro-tem. .................................................................................................................................... 10
Section 3.8. Vacancies. ............................................................................................................................................ 10
Section 3.9. Oath of office. ...................................................................................................................................... 11
Section 3.10. Term Limits ................................................................................................................................................. 11
ARTICLE IV ...................................................................................................................................................................... 12
COUNCIL PROCEDURE .................................................................................................................................................. 12
Section 4.1. Regular meetings. ..................................................................................................................................... 12
Section 4.2. Special meetings. ...................................................................................................................................... 12
Section 4.3. Business at special meetings. .................................................................................................................... 12
Section 4.4. Quorum: Adjournment of meeting. .......................................................................................................... 12
Section 4.5. Meetings to be public. .............................................................................................................................. 12
Section 4.6. Council acts. ............................................................................................................................................. 12
Section 4.7. Voting. ...................................................................................................................................................... 12
Section 4.8. Action by ordinance required. .................................................................................................................. 13
Section 4.9. Form of ordinance. ................................................................................................................................... 13
Section 4.10. Procedure. ................................................................................................................................................. 13
Section 4.11. Emergency ordinances. ............................................................................................................................. 14
Section 4.12. Codification. ............................................................................................................................................. 14
Section 4.13. Codes. ....................................................................................................................................................... 14
Section 4.14. Disposition of ordinances. ........................................................................................................................ 14
Section 4.15. Public records. .......................................................................................................................................... 14
ARTICLE V ....................................................................................................................................................................... 15
INITIATIVE AND REFERENDUM ................................................................................................................................. 15
Sec. 5.1. General authority. ......................................................................................................................................... 15
Section 5.2. Manner and procedure for exercising the powers of initiative and referendu m. ...................................... 15
Section 5.3. Exceptions to state statutes. ...................................................................................................................... 15
Section 5.4. Amendments or repeal of adopted or repealed ordinances. ...................................................................... 15
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Section 5.5. Submission by council. ............................................................................................................................. 16
Section 5.6. Action on petitions. .................................................................................................................................. 16
Section 5.7. Submission by council. ............................................................................................................................. 16
Section 5.8. Results of election. ................................................................................................................................... 16
ARTICLE VI ...................................................................................................................................................................... 17
CITY ADMINISTRATION ............................................................................................................................................... 17
Section 6.1. Manager. ................................................................................................................................................... 17
Section 6.2. Acting manager. ....................................................................................................................................... 17
Section 6.3. Powers and duties. .................................................................................................................................... 17
Section 6.4. Removal of manager. ............................................................................................................................... 18
Section 6.5. Relationship of council to administrative service. .................................................................................... 18
Section 6.6. City clerk. ................................................................................................................................................. 18
Section 6.7. Director of finance. ................................................................................................................................... 18
Section 6.8. Duties and powers of director of finance. ................................................................................................. 18
Section 6.9. Departments created. ................................................................................................................................ 19
Section 6.10. Bonding of employees. ............................................................................................................................. 19
Section 6.11. Community Development Director .......................................................................................................... 19
Section 6.12. Chief of Police .............................................................................................................................................. 19
ARTICLE VII ..................................................................................................................................................................... 19
LEGAL AND JUDICIARY ............................................................................................................................................... 19
Section 7.1. City attorney. ............................................................................................................................................ 19
Section 7.2. Judiciary. .................................................................................................................................................. 19
ARTICLE VIII ................................................................................................................................................................... 20
BOARDS AND COMMISSIONS ...................................................................................................................................... 20
Section 8.1. Existing boards and commissions............................................................................................................. 20
Section 8.2. Composition of boards and commissions. ................................................................................................ 20
Section 8.3. Vacancies. ................................................................................................................................................ 21
Section 8.4. Right to establish. ..................................................................................................................................... 21
ARTICLE IX ...................................................................................................................................................................... 21
CITY FINANCES .............................................................................................................................................................. 21
Section 9.1. Fiscal year. ............................................................................................................................................... 21
Section 9.2. Submission of budget and budget message. ............................................................................................. 21
Section 9.3. Budget message. ....................................................................................................................................... 21
Section 9.4. Budget content. ......................................................................................................................................... 21
Section 9.5. Capital program. ....................................................................................................................................... 22
Section 9.6. Budget hearing. ........................................................................................................................................ 22
Section 9.7. Council amendments. ............................................................................................................................... 23
Section 9.8. Council adoption. ..................................................................................................................................... 23
Section 9.9. Property tax levy. ..................................................................................................................................... 23
Section 9.10. Contingencies. .......................................................................................................................................... 23
Section 9.11. Public records. .......................................................................................................................................... 23
Section 9.12. Amendments after adoption. .................................................................................................................... 23
Section 9.13. Administration of budget. ......................................................................................................................... 24
Section 9.14. Independent audit. .................................................................................................................................... 24
ARTICLE X ....................................................................................................................................................................... 25
MUNICIPAL BORROWING ............................................................................................................................................ 25
Section 10.1. Forms of borrowing. ................................................................................................................................. 25
Section 10.2. Short-term notes. ...................................................................................................................................... 25
Section 10.3. General obligation bonds. ......................................................................................................................... 25
Section 10.4. Limitation of indebtedness. ...................................................................................................................... 25
Section 10.5. Revenue bonds. ........................................................................................................................................ 25
Section 10.6. Refunding bonds....................................................................................................................................... 26
Section 10.7. Special or local improvement district bonds. ........................................................................................... 26
Section 10.8. Long term installment contracts, rentals and leaseholds. ......................................................................... 27
ARTICLE XI ...................................................................................................................................................................... 27
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PUBLIC UTILITIES AND FRANCHISES ....................................................................................................................... 27
Section 11.1. General powers. ........................................................................................................................................ 27
Section 11.2. Water rights. ............................................................................................................................................. 28
Section 11.3. Utility rates and service areas. .................................................................................................................. 28
Section 11.4. Granting of franchises. ............................................................................................................................. 28
Section 11.5. Franchise records. ..................................................................................................................................... 28
Section 11.6. Existing franchises. ................................................................................................................................... 28
ARTICLE XII ..................................................................................................................................................................... 28
TAXATION ........................................................................................................................................................................ 28
Section 12.1. Authority to levy taxes. ............................................................................................................................ 28
ARTICLE XIII.................................................................................................................................................................... 28
MISCELLANEOUS LEGAL PROVISIONS ..................................................................................................................... 28
Section 13.1. Eminent domain. ....................................................................................................................................... 28
Section 13.2. Reservation of power. ............................................................................................................................... 28
Section 13.3. Liability of City. ....................................................................................................................................... 29
Section 13.4. Restrictions on the sale or change in use of property. .............................................................................. 29
Section 13.5. Co-operative contracts. ............................................................................................................................. 29
Section 13.6. Grants to regional service authorities. ...................................................................................................... 29
Section 13.7. Bequests, gifts and donations. .................................................................................................................. 29
Section 13.8. Emergency powers. .................................................................................................................................. 29
Section 13.9. Severability of Charter provisions. ........................................................................................................... 30
Section 13.10. Charter amendments. ............................................................................................................................ 30
Section 13.11. Interpretations. ..................................................................................................................................... 30
Section 13.12. Definitions. ........................................................................................................................................... 30
Section 13.13 Specially Designated Spaces. ............................................................................................................... 31
Section 13.14 – Voter authorization of certain land use approvals. .................................................................................... 31
ARTICLE XIV ................................................................................................................................................................... 32
TRANSITION PERIOD ..................................................................................................................................................... 32
Section 14.1. Effective date of Charter. .......................................................................................................................... 32
Section 14.2. Prior city legislation.................................................................................................................................. 32
Section 14.3. Present elected officials to continue in office. .......................................................................................... 32
Section 14.4. Continuation of present boards and commissions. ................................................................................... 32
Section 14.5. Continuation of appointed officers and employees. ................................................................................. 32
Section 14.6. Saving clause. ........................................................................................................................................... 33
CERTIFICATE OF FINAL ADOPTION ........................................................................................................................... 33
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PREFATORY SYNOPSIS
The Charter Convention of the City of Aspen, Colorado, herewith submit[s] to the voters of the City
the Home Rule Charter which we have framed in conformity with Article XX of the Colorado Constitution.
Since its organizational meeting of March 26, 1970, the Convention has worked long and hard to
achieve a simple and direct form of local government based on sound principles of public administration and
tailored to the political needs of the electorate of the City of Aspen.
Under provisions of this Charter, a basic council-manager form of government is established. The
council is composed of seven (7) members which include the mayor who is elected at large for a two -year
term. The mayor also presides at council meetings and possess[es] full voting powers of a councilman. The
other six (6) councilmen are elected at large for four-year over-lapping terms. A majority of the council
(three (3) councilmen and the mayor) are elected every two (2) years, thereby ensuring continuity of govern-
ment with maximum political responsiveness to the voters.
The council is the policy-determining body of the municipal government and vested with full legisl a-
tive powers. The executive power is vested in the city manager who is appointed by and serves at the plea s-
ure of the council.
The biennial municipal election is set on the first Tuesday after the first Monday in May with the first
election under this Charter to be held on May 4, 1971. The Charter provides that all elections are to be non -
partisan. An Election Commission is established to insure that fair elections are conducted in accordance with
the Colorado Municipal Election Law.
Additional matters covered in this Charter for the future framework of Aspen municipal government re-
late to general council procedures, initiative and referendum powers of the people, city administration
guidelines, legal and judiciary appointments, municipal boards and commissions, city finances, municipal
borrowing procedures, public utilities, taxation powers, miscellaneous legal provisions and transition proce-
dures.
The Charter vests the people of Aspen with every political power permitted to any home rule communi-
ty under the Constitution of the State of Colorado. We believe this Charter provides a structure for quality
government in Aspen which will endure for many years to come.
PREAMBLE
We, the people of the City of Aspen, Colorado, under the authority of the Constitution of the State of
Colorado and in order to exercise the rights, privileges and responsibilities of self -government granted to us
by the said constitution, do ordain and establish this Home Rule Charter for the City of Aspen, Colorado.
99
ARTICLE I
GENERAL PROVISIONS
Section 1.1. Name and boundaries.
The municipal corporation heretofore existing as a city in the County of Pitkin, State of Colorado, and
known as the City of Aspen, shall remain and continue as a body politic and corporate under this Charter with
the same name and boundaries until changed in a manner authorized by law.
Section 1.2. Rights and liabilities.
By the name of the City of Aspen, the municipal corporation shall have perpetual succession; shall
own, possess and hold all property, real and personal heretofore owned, possessed and held by said City of
Aspen, and shall assume and manage and dispose of all trusts in any way connected therewith; shall succeed
to all the rights and liabilities and shall acquire all benefits, and shall assume and pay all bonds, obligations
and indebtedness of said City of Aspen; by the name of the City of Aspen, may sue and defend, plead and be
impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and
alter the same at pleasure.
Section 1.3. Form of government.
The municipal government provided by this Charter shall be known as the "Council -Manager Govern-
ment." Pursuant to its provisions and subject only to limitations imposed by the State Constitution and by this
Charter, all powers of the City shall be vested in an elective mayor and council, hereafter referred to as "the
council," which shall enact local legislation, adopt budgets, determine policies and appoint the city manager,
who shall execute the laws and administer the City government. All powers of the City shall be e xercised in
the manner prescribed by this Charter, or if the manner be not so prescribed then in such manner as may be
prescribed by ordinance.
Section 1.4. Powers.
The City shall have all the powers granted to municipal corporations and to cities by the constitution
and general laws of this state together with all the implied powers necessary to carry into execution all the
powers granted. The City may acquire property within and without its corporate limits for any City purpose ,
by purchase, gift, lease or condemnation, and may sell, lease, mortgage, hold, manage, and control such
property as its interests may require; and, except as prohibited by the constitution of this state or restricted by
this Charter, the City shall and may exercise all municipal powers, functions, rights and privileges of every
nature whatsoever. The enumeration of particular powers by this Charter shall not be deemed to be exclusive,
and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such
powers, it is intended that the City shall have and may exercise all powers which under the State Constitution,
it would be competent for this Charter specifically to enumerate.
ARTICLE II
ELECTIONS
Section 2.1. Colorado Municipal Election Laws adopted.
City elections shall be governed by the Colorado Municipal Election Laws as now existing or hereafter
amended or modified except as otherwise provided by this Charter, or by ordinance hereafter enacted.
Section 2.2. Municipal elections.
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A general municipal election shall be held on the first Tuesday of March in 2019, and binennially
thereafter. The Mayor elected in March 2019 shall serve a term from the first regular me eting in June 2019
until the first regular meeting in April 2021. Thereafter, the term of the Mayor shall commence at the first
regular meeting of April.
Council members elected in March 2019 shall serve a term from the first regular meeting in June 2019
until the first regular meeting in April 2023. Councilmembers elected in March 2021 shall serve a term from
the first regular meeting in June 2021 until the first regular meeting in April 2025. Thereafter, the term of all
council members shall start at the first regular meeting of April.
Any special municipal election may be called by resolution or ordinance of the council at least sixty
(60) days in advance of such election. The resolution or ordinance calling a special municipal election shall
set forth the purpose or purposes of such election. One or more vote centers for all municipal elections shall
be open from 7:00 a.m. to 7:00 p.m. on election day. (Election 11/6/2018)
Section 2.3. Election precincts.
The City shall constitute one voting precinct, provided that the council may for the convenience of vot-
ers, establish three (3) or more precincts forty-five (45) days or more prior to any election, by ordinance. The
precincts so established by ordinance shall remain for subsequent elections until otherwise provided by
ordinance. The council shall determine the maximum number of electors for each precinct, and each precinct
shall be substantially equal in the number of electors.
Section 2.4. Election commission.
An election commission is hereby created, consisting of the city clerk and two (2) qualified and regi s-
tered electors of the city, who during their term of office shall not be city officers or employees or candidates
or nominees for elective city office. These two (2) members shall be appointed by the council in the first July
following a regular city election for a term of two (2) years, and shall serve without compensation. The city
clerk shall be chairman. The election commission shall have charge of all activities and duties required of it
by statute and this Charter relating to the conduct of elections in the city. In any case where election proc e-
dure is in doubt, the election commission shall prescribe the procedure to be followed.
The commission shall provide procedures to establish proof of residency qualification where residency
is in question. Upon a showing for good cause, the commission may require proof of residency by any person
registered to vote or attempting to register to vote in the City of Aspen. Said person shall not be qualified to
vote in any municipal election until the commission is satisfied that he has presented sufficient proof of
residency as required by law or by ordinance adopted pursuant to this Charter.
The election commission shall provide for ballots and sample ballots or voting machines, for determi-
nation of the winner in the event of a tie vote, for canvass of ret urns, and for issuance of appropriate certifi-
cates.
Section 2.5. Recall.
Any elected officer of the City may be recalled at any time after six (6) months in office by the electors
entitled to vote for a successor of such incumbent through the procedure and in the manner provided for in
Article XXI of the Constitution and Part 5, Article 4 of Title 31 of Colorado Revised Code, as may be
amended from time to time. Any five (5) qualified electors may commence recal l proceedings by filing with
the clerk an affidavit stating that they will constitute the petitioner's committee and be responsible for circulat-
101
ing the petition and filing it in proper form, and stating the name and address of one person to which all
notices to the committee are to be sent. (Ord. No. 42-2003, § 1)
Section 2.6. Non-partisan elections.
All elections shall be non-partisan. No candidate for any municipal office shall run under a party label
of any kind.
Section 2.7. Run-off elections
In the event a run-off election is necessitated for the offices of mayor or member of Council, said elec-
tion shall be held the first Tuesday in April following the municipal election. The run-off election shall
be held in the same manner as the municipal election, except:
(a) Certificate of candidates and publication of election notice shall be on or before the tenth (10th)
day before the run-off election.
(b) If a run-off for mayor is required, the two (2) persons with the highest number of votes f or
mayor in the municipal election shall appear on the ballot for mayor.
(c) If a run-off election is required for two vacancies for City Council, then the four (4) persons
with the highest number of votes for the office of member of Council in the municipal election
shall appear on the ballot for members of Council. The two persons receiving the highest num-
ber of votes in the run-off election shall be elected for a four year term. In this event, each voter
shall be allowed to cast two votes for the office of member of Council.
(d) If a run-off election is required for one vacancy for the office of member of Council then the
two (2) persons with the highest number of votes for that office in the munic ipal election shall
appear on the ballot for member of Council. The person receiving the highest number of votes
in the run-off election shall be elected for a four year term. In this event, each voter shall be al-
lowed to cast one vote for the office of member of Council.
(e) The names of candidates shall be arranged in the same order as they appeared in the municipal
election.
As soon as the polls are closed after every run-off election, the judges shall determine the number of
votes cast for each candidate and make return thereof to the city clerk and the candidates receiving the
greatest number of votes cast at said election shall be declared elected.
(Ord. 38-2007; Ord No. 39-2000, § 1; Ord. No. 20-2010§1 (part]; Election 11/6/2018)
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ARTICLE III
COUNCIL
Section 3.1. The council.
The City shall be governed by a council of four (4) councilmen and a mayor. All councilmen and
mayor shall be nominated and elected at large from the entire City. (Ord. No. 46-1980, § 1)
Section 3.2 Terms of office for members of Council.
The terms of office for members of Council shall be for four (4) years. Each voter shall be
allowed to vote for two candidates for the office of member of Council. At all municipal elections,
the two (2) candidates receiving the highest number of votes shall be elected for a four year term,
provided that the candidate receives forty-five percent (45%) plus one vote, or more, of the votes cast
for the office (“votes cast for the office” shall be calculated by dividing the sum of all votes cast for all
city council candidates by two (2).) In the event that the number of elected candidates shall be less than
the number of vacancies following the municipal election, the run-off election shall be held in accord-
ance with Section 2.7.
(Ord. No. 46-1980, § 1; Ord. No. 39-2000, § 1 (part); Ord. No. 38-2007; Ord. No. 20-2010§2))
Section 3.3 Mayor.
The mayor shall be elected at large for the entire city for a term of two (2) years. The candi-
date receiving the highest number of votes shall be elected mayor, provided that the candidate receives
fifty percent (50%) plus one vote, or more, of the votes cast for the office of mayor. In the event that no
candidate shall have received fifty percent plus one vote, or more, of the votes cast for the office of
mayor, then a run-off election shall be held in accordance with Section 2.7.
The mayor shall preside at meetings of the Council and shall exercise such powers and perform
such other duties as are or may be conferred and imposed upon him or her by this Charter or the ordi-
nances of the City. He or she shall have all of the powers, rights, privileges and obligations of a member
of Council. He or she shall be recognized as the head of the government for all ceremonial and legal
purposes and he or she shall execute and authenticate legal instruments requiring his or her signature as
such official. (Ord. 39-2000, § 1; Ord. 20-2010 §3 (part))
Section 3.4. Powers of council.
The council shall be the legislative and governing body of the City and shall exercise, except as other-
wise provided in this Charter, all powers conferred upon or possessed by the City and shall adopt such laws,
ordinances and resolutions as it shall deem proper.
Section 3.5. Qualifications.
Each councilman and the mayor when nominated and elected shall be an elector of the City and a cit i-
zen of the United States for at least one (1) year and shall have resided in the City of Aspen for at least one (1)
year. No councilman or the mayor shall be a salaried employee of the City during his term of office, perform
103
personal services for the City for which he is compensated other than as provided in Section 3.6. The council
shall be the judge of election and qualifications of its own members.
Section 3.6. Compensation.
The members of the council shall receive such compensation, and the mayor such additional compensa-
tion, as the council shall prescribe by ordinance; provided, however, that the compensation of any member
during his term of office shall not be increased or decreased. The mayor and councilmen may, upon order of
the council, be paid their actual and necessary expenses incurred in the performance of their duties of office.
Section 3.7. Mayor pro-tem.
The mayor pro-tem shall be elected by council from its own membership. Said election shall take place
at the organizational meeting following each general municipal election. The mayor pro-tem shall serve until
the next organizational meeting unless sooner removed by a majority vote of the entire council. In the
absence or disability of the mayor, the mayor pro-tem shall perform all duties and have all powers of the
mayor. In the event of a vacancy in the office of mayor pro-tem, the council shall choose his successor.
Section 3.8. Vacancies.
An elected officer shall continue to hold his office until his successor is duly qualified or until a
vacancy is created as set forth herein. An elective office shall become vacant whenever any officer is
recalled, dies, becomes incapacitated, resigns, commences or continues service as an elected official
for another governmental entity including any county or state elected office, ceases to be a resident
of the City, or is convicted of a felony.
(b) In the event of any vacancy in an elective office created pursuant to terms of subsection (a),
above, the position shall be filled as follows:
(1) In the event of any vacancy, the seat may be filled by appointment of the remaining
Council members. The selection of the appropriate individual may be made through any selection
procedure or method that the majority of the Council deems appropriate, including but not limited to
such election methods as approval voting or cumulative voting. Such selection shall be completed
within thirty (30) days of the creation of the vacancy. An individual appointed by Council shall
serve until the next general municipal election. If Council by a majority vote decides not to or
otherwise fails to make such appointment within thirty (30) days of the creation of the vacancy, then
such vacancy shall be filled by the voters of the City of Aspen, as set forth in subsections (b) (2) and
(3), below.
(2) In the event Council by a majority vote decides not to make an appointment or otherwise
fails to make such appointment within thirty (30) days of the creation of the vacancy as set forth in
paragraph (b) (1) of this Section, or if three (3) or more vacancies exist simultaneously, or if a
vacancy occurs because of a recall of a Council member, then such vacancy or vacancies shall be
filled by the voters of the City of Aspen in the next available previously scheduled state or county
election, the next general municipal election or a special election set by the Council, whichever is
earlier. If the vacancy is filled by election, the elected individual shall serve the remainder of the
vacated term.
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(3) In the event that a vacancy is filled by an election conducted as part of a coordinated state
or county election, at a general municipal election or at a special election, such election shall be
conducted and determined pursuant to state statute and Articles II and III of this Charter, except as
provided below:
(i) If there is one vacancy for Council to be filled, the candidate receiving fifty-
percent plus one of the votes shall be deemed elected.
(ii) In the event of an election to fill a vacancy, whether for Council or for Mayor, if
no candidate receives the number of votes needed to be deemed elected, then a run-off of the two
candidates with the highest vote totals shall be held on the Tuesday five weeks following the initial
election.
(iii) The Candidate elected pursuant to this Section shall be sworn into office at the
next regular council meeting following the certification of the election.
(c) Notwithstanding any provision to the contrary set forth in this section 3.8, the city council
may, by ordinance, adopt special procedures for the election of the successor to a recalled coun-
cilmember or the mayor, such election to be held simultaneously with the recall election.
(Ord. No. 48-1974; Ord. No. 18-1979; Ord. No. 24-2014)
Section 3.9. Oath of office.
Before entering upon the duties of his office, every councilman, the mayor and other city officers shall
take, subscribe before, and file with the city clerk, an oath or affirmation that he will support the Constitution
of the United States, the Constitution of the State of Colorado, this Charter and the ordinances of the City and
will faithfully perform the duties of the office.
Section 3.10. Term Limits
(a) No person shall serve more than 3 consecutive terms in the office of Mayor.
(b) No person shall serve more than 2 consecutive terms in the office of City Council.
(c) For the purposes of this section, the office of Mayor and the office of City Council are
considered separate and distinct offices.
(d) No person shall serve more than a total of fourteen (14) consecutive years in the offices
of Mayor and City Council.
(e) For the purposes of this section, terms and years are considered consecutive unless they
are at least four years apart.
(f) A person is deemed to have completed a full term of office (four full years for Council
and two full years for Mayor), if such person resigns prior to expiration of the term or is ap-
pointed or elected to fill a vacancy.
(Ord. No. 25-2014)
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ARTICLE IV
COUNCIL PROCEDURE
Section 4.1. Regular meetings.
The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of
council. The council shall determine the rules of procedure governing meetings. The first regular meeting in
the month of April following each general municipal election shall be known as the organizational meeting of
the council. (Election 11/6/2018)
Section 4.2. Special meetings.
Special meetings shall be called by the city clerk on the written request of the mayor or of any two (2)
members of the council, on at least twenty-four (24) hours written notice to each member of the council,
served personally or left at his usual place of residence; a special meeting, however, may be held on sho rter
notice if all members of the council are present or have waived notice thereof in writing.
Section 4.3. Business at special meetings.
No business shall be transacted at any special meeting of the council unless it has been stated in the no-
tice of such meeting. Any business which may lawfully come before a regular meeting may be transacted at a
special meeting if all the members of the council present consent and all the members absent file their written
consent.
Section 4.4. Quorum: Adjournment of meeting.
A majority of the members of the council in office at the time shall be a quorum for the transaction of
business at all council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to
a later time or date, and in the absence of all members the city clerk may adjourn any meeting for not longer
than one week.
Section 4.5. Meetings to be public.
All regular and special meetings of the council shall be open to the public and citizens shall have a rea-
sonable opportunity to be heard under such rules and regulations as the council may prescribe.
Section 4.6. Council acts.
The council shall act only by ordinance, resolution or motion. All legislative enactments shall be in the
form of ordinances; all other actions, except as herein provided, may be in the form of resolutions or motions.
A true copy of every resolution as hereafter adopted shall be numbered and recorded in the off icial records of
the city.
Section 4.7. Voting.
The vote by "Yes" and "No" shall be taken upon the pass age of all ordinances and resolutions, and e n-
tered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of a
majority of the entire council for final passage. Resolution and motions shall require the affirmative vote of a
majority of the members present. No member of the council shall vote on any question in which he has a
substantial personal or financial interest, other than the common public interest, or on any question concer n-
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ing his own conduct, and in said instances the member shall disclose this interest to the council. On all other
questions each member who is present shall vote when his name is called. Any member refusing to vote
except when not so required by this paragraph shall be guilty of misconduct in office.
Section 4.8. Action by ordinance required.
In addition to such acts of the council as are required by other provisions of this Charter to be by ordi-
nance, every act making an appropriation, creating an indebtedness, authorizing borrowing of money, levying
a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any
burden upon or limiting the use of private property, shall be by ordinance; provided, however, that this section
shall not apply to the budget adoption in Section 9.8. Ordinances making appropriations shall be confined to
the subject of appropriation.
Section 4.9. Form of ordinance.
Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances
shall be BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Except
as otherwise provided in this article, all ordinances shall take effe ct thirty days after final passage or a later
date as specified in the ordinance. (Ord. No. 42-2003, § 2)
Section 4.10. Procedure.
Except for emergency ordinances, ordinances making general codification of existing ordinances, and
ordinances adopting standard codes, the following procedure for enactment of ordinances shall be followed:
(a) The ordinance shall be introduced at any regular meeting of the council by any member
thereof.
(b) The ordinance shall be read in full or, in cases where copies of the ordinance are avail able to
the council and to those persons in attendance at said council meeting, said ordinance may be read by
title only.
(c) After the first reading of the ordinance, the same shall be approved or rejected by a vote of the
council.
(d) If the ordinance is approved on first reading, it shall be published in full unless otherwise pr o-
vided herein. The council shall set a day, hour, and place at which council shall hold a public hearing
on the ordinance and notice of said day, hour and place shall be included in the first publication.
(e) The ordinance shall be introduced at council a second time, at a meeting not earlier than seven
(7) days after first publication, for final approval, rejection, or other action as may be taken by vote of
the council. This meeting may be the same meeting at which the public hearing on the ordinance is
held. The ordinance may be amended before final approval by vote of the council.
(f) Except as otherwise provided herein, an ordinance, if amended, shall be published in full after
final passage, but if not amended, it shall be published either by title or in full as the council may d e-
termine.
(g) Whenever an ordinance shall be published by reference or by title, the publication shall co n-
tain a summary of the subject matter of said ordinance and shall contain a notice to the public that cop-
ies of the proposed ordinance are available at the office of the city clerk. The publication of any ordi-
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nance by reference or by title as provided herein must set forth in full any penalty clau se contained in
said ordinance.
(h) Whenever an ordinance is required to be published in full or by title pursuant to this Article
IV of the Aspen Home Rule Charter, it may be made by posting the same on the City’s internet we b-
site, www.aspenpitkin.com, or successor website. Said publication shall be made available for viewing
by the public for a minimum of 30 days.
(Ord. 19, 2010)
Section 4.11. Emergency ordinances.
Emergency ordinances for the preservation of public property, health, peace, or safety shall be a p-
proved only by the unanimous vote of council members present or a vote of four (4) council members,
whichever is less. The facts, showing such urgency and need shall be specifically stated in the measure itself.
No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any city-
owned utility shall ever be passed as an emergency measure. An emergency ordinance shall require passage
at two (2) meetings of the council. However, neither a public hearing nor a first publication as provided in
Section 4.10 shall be required. An emergency ordinance shall take effect upon final passage. Publication
shall be within ten (10) days after final passage, or as soon thereafter as possible. (Ref. of 5-5-87)
Section 4.12. Codification.
The council shall cause the ordinances to be codified and thereafter maintained in current form. Revi-
sions to the codes may be accomplished by reference as provided in Section 4.13.
Section 4.13. Codes.
Standard codes, promulgated by the Federal Government, the State of Colorado, or by any agency of
either of them, or by any municipality within the state of Colorado, or by recognized trade or professional
organizations, or amendments or revisions thereof, may be adopted by reference; provided the publication of
the ordinance adopting any said code shall advise that copies are available for inspection at the office of the
city clerk, and provided that any penalty clause may be adopted only if set forth in full and published in the
adopting ordinance.
Section 4.14. Disposition of ordinances.
A true copy of every ordinance, as adopted by council shall be numbered and recorded in the official
records of the City. Its adoption and publication shall be authenticated by the signature of the mayor, or
mayor pro-tem, and the city clerk, and by the certificate of publication. A true copy of every ordinance, as
adopted by the vote of the electors of the City, shall be separately numbered and recorded commencing with
Peoples' Ordinance No. 1.
Section 4.15. Public records.
All public records of the City of Aspen shall be open for inspection by any person at reasonable times
in accordance with state statutes existing at the present time or hereafter enacted.
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ARTICLE V
INITIATIVE AND REFERENDUM
Sec. 5.1. General authority.
(a) Initiative. The registered electors of the City may initiate a proposed ordinance, pursuant to the i n-
itiative power reserved by Article V, Section 1(9) of the State Constitution, as to any legislative matter which
is subject to said legislative power.
(b) Referendum. The registered electors of the City may require an adopted ordinance to be referred
to them at an election, pursuant to the referendum power reserved by Article V, Section 1(9) of the State
Constitution, to the extent the ordinance constitutes a legislative matter that is subject to said referendum
power. (Ord. No. 42-2003, § 3)
Section 5.2. Manner and procedure for exercising the powers of initiative and referendum.
The manner and procedure for exercising the powers of initiative and referendum shall be as set forth
in Article 11 of Title 31 of the Colorado Revised Statutes, as may be amended from time to ti me by the state
legislature; except as otherwise provide in this Charter. (Ord No. 42-2003, § 3)
Section 5.3. Exceptions to state statutes.
Notwithstanding any language to the contrary contained in Article 11 of Title 31 of the Colorado R e-
vised Statutes, as amended, the following manner and procedure shall apply for exercising the powers of
initiative and referendum in the City:
(a) Number of signatures. Initiative petitions must be signed by electors of the City in number to at
least fifteen (15) percent of the total number of electors registered to vote at the last general municipal
election. Referendum petitions must be signed by electors of the City equal in number to at least ten (10)
percent of the total number of electors registered to vote at the last general municipal election.
(b) Supplementing petitions. An original petition certified insufficient for lack of the required number
of valid signatures may be amended once if all persons designated in the original petition as representing the
signers on matters affecting the petition file a notice of intent to amend it with the city clerk within two (2)
days after receiving the copy of the certificate and file a supplementary petition upon additional forms within
ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the
requirements of state statutes for the form of the original petitions, and five (5) days after it is filed, the city
clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of
such certificate to all persons designated in the petition as representing the signers on matters affecting the
petition as in the case of an original petition. Upon the filing of a notice of intent to amend, the ordinance
shall be suspended from taking effect as provided by state statute upon the filing of an original petition. (Ord.
No. 42-2003, § 3)
Section 5.4. Amendments or repeal of adopted or repealed ordinances.
An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months
after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be
re-enacted for a period of six (6) months after the date of the election at which it was repealed; provided,
however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or
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initiatory procedure in accordance with the foregoing provisions of this article, or if submitted to the ele c-
torate by the council on its own motion. (Ord. No. 42-2003, § 3)
Section 5.5. Submission by council.
The council on its own motion, shall have the power to submit at a general or special election any pro-
posed ordinance or question to a vote of the people in a manner as in this article provided. (Ord. No. 42-
2003, § 3)
Section 5.6. Action on petitions.
(a) Action by council. When an initiative or referendum petition has been finally determined suffi-
cient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article
IV or reconsider the referred ordinance by voting its repeal; provided, however, that the council shall have
power to change the detailed language of any proposed initiative ordinance so long as the general character of
the measure will not be substantially altered; and provided further, that repeal of any referred ordinance may
be effected only by a three-fourths majority vote of the entire council.
(b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not
less than thirty (30) days and not later than ninety (90) days from the date of the final council vote thereon. If
no regular city election is to be held within the period prescribed in this subsection, the council shall provide
for a special election; otherwise, the vote shall be held at the same time as such regular election, except that
the council may in its discretion provide for a special election at an earlier date within the prescribed period.
Copies of the proposed or referred ordinance shall be made available to the public within a r easonable time
before the election and also at the polls at the time of the election.
(c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior
to the fifteenth day preceding the day scheduled for a vote of the City by filing with the city clerk a request
for withdrawal signed by at least three (3) members of the petitioners' committee. Upon the filing of such
request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Section 5.7. Submission by council.
The council on its own motion, shall have the power to submit at a general or special election any pro-
posed ordinance or question to a vote of the people in a manner as in this article provided.
Section 5.8. Results of election.
(a) Initiative. If a majority of the electors voting on a proposed initiative ordinance vote in its favor, it
shall be considered adopted upon certification of the election results. If conflicting ordinances are approved
at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of
such conflict.
(b) Referendum. If a majority of the electors voting on a referred ordinance vote against it, it shall be
considered repealed upon certification of the election results.
(c) An ordinance adopted by the electorate may not be amended or repealed for a period of six (6)
months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may
not be re-enacted for a period of six (6) months after the date of the election at which it was repealed; provi d-
ed, however, that any ordinance may be adopted, amended or repealed at any time by appropriate refere ndum
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or initiatory procedure in accordance with the foregoing provisions of this article, or if submitted to the
electorate by the council on its own motion.
ARTICLE VI
CITY ADMINISTRATION
Section 6.1. Manager.
The city manager shall be the chief administrative officer of the City. The council, by a majority vote,
shall appoint a city manager within a reasonable time whenever a vacancy exists in such position. Such
appointment shall be without definite term and shall be at a salary to be fixed by council. The manager shall
be appointed without regard to any consideration other than his fitness, competency, training and experience
as a manager. At the time of his appointment, he need not be a resident of the City or State, but during tenure
of office he shall reside within the City except at the discretion of the council. No member of the council
shall be appointed manager during the term for which he shall have been elected, nor within one year after the
expiration of his term.
Section 6.2. Acting manager.
The council may appoint an acting city manager during the period of vacancy in the office, or during
the absence or disability of the city manager. Such acting city manager shall, while he is in such office, have
all the responsibilities, duties, functions and authority of the city manager.
Section 6.3. Powers and duties.
The manager shall be responsible to the council for the proper administration of all affairs of the City
placed in his charge, and to that end he shall have the power and duty and be required to:
(a) Be responsible for the enforcement of the laws and ordinances of the City;
(b) Hire, suspend, transfer and remove city employees;
(c) Make appointments on the basis of executive and administrative ability and of the training
and experience of such appointees in the work which they are to perform;
(d) Cause a proposed budget to be prepared annually and submit it to the council and be respon-
sible for the administration of the budget after its adoption;
(e) Prepare and submit to the council as of the end of the fiscal year a complete report on finances
and administrative activities of the City for the preceding year, and upon request of the council make
written or verbal reports at any time concerning the affairs of the City under his supervision;
(f) Keep the council advised of the financial condition and future needs of the City and make
such recommendations to the council for adoption as he may deem necessary or expedient;
(g) Exercise supervision and control over all executive and administrative departments, and re c-
ommend to the council any proposal he thinks advisable to establish, consolidate or abolish administra-
tive departments;
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(h) Be responsible for the enforcement of all terms and conditions imposed in favor of the City in
any contract or public utility franchise, and upon knowledge of any violation thereof, report the same to
the council for such action and proceedings as may be necessary to enforce the same;
(i) Attend council meetings and participate in discussions with the council in an advisory capaci-
ty;
(j) Establish a system of accounting and auditing for the City which shall reflect, in accordance
with generally accepted accounting principles, the financial condition and financial operation of the
City;
(k) Provide for engineering, architectural, maintenance and construction services required by the
City; and
(l) Perform such other duties as may be prescribed by this Charter, or by ordinance, or required
of him by council which are not inconsistent with this Charter.
Section 6.4. Removal of manager.
The council at a regular or special meeting may, upon the vote of the majority of the entire council, re-
move the city manager from office. Upon such termination the council may in its discretion provide termina-
tion pay.
Section 6.5. Relationship of council to administrative service.
Neither the council, its members, the mayor, nor any council committee shall dictate the appointment
of any person to office by the city manager except as otherwise provided in this Charter or in any way
interfere with the city manager or other city officer to prevent him from exercising his judgment in the
appointment or employment of officers and employees in the administrative service. Except for the purpose
of inquiry, the council, its members, the mayor, and any council committee shall deal with the administrative
service solely through the city manager and neither the council, its members, the mayor, nor any council
committee thereof shall give orders to any of the subordinates of the city manager.
Section 6.6. City clerk.
The manager with the approval of council shall appoint a city clerk, who shall be custodian of the city
seal and who shall keep a journal of council proceedings and record in full all ordinances, motions and
resolutions. He shall have power to administer oaths and take acknowledgments under seal of the City, and
shall perform such other duties as required by this Charter, the council, or the manager.
Section 6.7. Director of finance.
There shall be a director of finance who shall be appointed by the city manager with approval of coun-
cil, to serve at the pleasure of the city manager. The city manager may also appoint a deputy or deputies to
serve under the supervision of the director of finance who shall have authority to act in the absence of the
director of finance.
Section 6.8. Duties and powers of director of finance.
The director of finance shall also be the city treasurer. He shall keep and supervise all accounts; r e-
ceive and have custody of all monies of the City; collect special city taxes, electric and water fees and
112
charges; issue licenses and collect fees therefor; make and keep public records of the City not specifically
entrusted to any other department by this Charter or by ordinance; and perform such other duties pertaining to
the department of finance as required by this Charter, the council or the manager.
Section 6.9. Departments created.
The administrative functions of the City shall be performed by the departments existing at the time this
Charter is adopted and such other departments as may be hereafter established by ordinance. Upon recom-
mendation of the city manager, the council may, by ordinance, consolidate or merge any of the said depart-
ments, whether set forth in this Charter or created by ordinance.
Section 6.10. Bonding of employees.
All city officials and employees dealing directly with municipal funds shall post bond in an amount and
under such conditions as required by council.
Section 6.11. Community Development Director
The city manager with the approval of council shall appoint a Community Development Director, who
shall serve at the pleasure of the city manager. The Community Development Director shall have such
responsibilities and duties as set forth in the Aspen Land Use Code, as amended from time to time, or policies
adopted by the City Manager. (Ord 21-2016, adopted at November 8, 2016 election)
Section 6.12. Chief of Police
The city manager with approval of council shall appoint a Chief of Police, who shall serve at the
pleasure of the city manager. The Chief of Police shall have such responsibilities and duties as set forth in the
Municipal Code of the City of Aspen, as amended from time to time, or policies adopted by the City Manag-
er. (Ord 21-2016, adopted at November 8, 2016 election)
ARTICLE VII
LEGAL AND JUDICIARY
Section 7.1. City attorney.
The council shall appoint a city attorney to serve at the pleasure of council. He shall be an attorney-at-
law admitted to practice in Colorado. The city attorney shall be the legal representative of the City and he
shall advise the council and city officials in matters relating to their official powers and duties and perform
such other duties as council may prescribe by ordinance or resolution. The council may provide the city
attorney such assistants as council may deem necessary, and may on its own motion or upon request of the
city attorney in special cases employ special counsel to serve under the direction of the city attorney. Council
shall establish compensation for the city attorney, his assistants and special counsel.
Section 7.2. Judiciary.
(a) Municipal judge. There shall be a municipal court vested with exclusive original jurisdiction of
all criminal and traffic causes arising under the ordinances of the city and as may be conferred by law. The
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municipal court shall be presided over and its functions exercised by a judge appointed by the council for a
specified term of no less than two (2) years. The council may re -appoint the municipal judge for a subsequent
term or terms, except that the initial appointment may be for a term of office, which expires on the date of the
organizational meeting of the council after the next general election. Any vacancy in the office of the
municipal judge shall be filled by appointment by the council for the remainder of the une xpired term. The
municipal judge shall be an attorney-at-law admitted to practice in the State of Colorado.
(b) Deputy judges. Council may appoint one or more deputy judges as it deems necessary. The depu-
ty municipal judges shall all have the powers of the municipal judge when called upon to act by the municipal
judge or the council. In the event that more than one municipal judge is appointed, the council shall designate
a presiding municipal judge, who shall serve in is capacity during the terms for which he was appointed. The
deputy municipal judges shall be attorneys admitted to practice in the State of Colorado and serve at the
pleasure of the council.
(c) Compensation. The municipal judge shall receive a fixed salary or compensation set by the coun-
cil which salary or compensation shall not be dependent upon the outcome of the matters to be decided by the
municipal judge. The deputy municipal judge may receive such compensation for services rendered as
council may determine.
(d) Removal. Any municipal judge may be removed during his term of office only for cause. A
judge may be removed for cause if:
(1) He is found guilty of a felony or any other crime involving moral turpitude;
(2) He has a disability which interferes with the performance of his duties, and which is, or is
likely to become, of a permanent character;
(3) He has willfully or persistently failed to perform his duties; or
(4) He is habitually intemperate. (Ord No. 14-2005)
ARTICLE VIII
BOARDS AND COMMISSIONS
Section 8.1. Existing boards and commissions.
All existing boards and commissions, including the city planning commission, board of zoning adjust-
ment and board of examiners and appeals, shall continue as established by ordinance, except as otherwise
provided by ordinance or this Charter.
Section 8.2. Composition of boards and commissions.
No member of the city council, the mayor, any city employee, nor any appointed city official shall
serve on any permanent board or commission heretofore established or hereafter established by council during
his or her tenure as councilman, mayor, city employee or appointed official. Every member of a permanent
board or commission established by this Charter and appointed by council shall be a resident of the City of
Aspen for at least one (1) year and shall be a qualified elector, with the exception of the board of appeals and
examiners which shall be composed of members who are either residents of the City o f Aspen or of the Pitkin
County for at least two (2) years. Terms of appointment to such boards and commissions shall not exceed
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four (4) years. There shall be no limitation on the number of terms a member may serve on any permanent
board or commission. (Ord. No. 49-1980, § 1; Ord. No. 35-2001, § 1)
Section 8.3. Vacancies.
Whenever a vacancy occurs on any board or commission, the council shall cause public notice of such
vacancy to be made and encourage volunteers to seek appointment to such board or commission.
Section 8.4. Right to establish.
In addition to those boards and commissions heretofore created by ordinance, council shall have the
power and authority to create boards and commissions including advisory and appeal boards. All permanent
boards and commissions including advisory and appeal boards shall be created by ordinance, which shall set
forth the powers and duties delegated to such boards and commissions. Initial appointments by the council to
any board or commission shall specify the terms of office of each individual in or der to achieve over-lapping
tenure. All members, however, shall be subject to removal by the council. The council shall also make
appointments to fill vacancies for the unexpired terms. Each board and commission shall elect its own
chairman and vice-chairman from among its members. Each board and commission shall operate in accord-
ance with its own rules of procedure except as otherwise directed by the council. All meetings of any board
or commission shall be open to the public. Any board or commission created under this article which is not
required by statute or this Charter may be abolished by the council.
ARTICLE IX
CITY FINANCES
Section 9.1. Fiscal year.
The fiscal year of the City shall begin on the first day of January and end on the last day of December.
Section 9.2. Submission of budget and budget message.
The city manager, prior to the beginning of each fiscal year, shall submit to the counci l the budget for
said ensuing fiscal year and an accompanying message.
Section 9.3. Budget message.
The manager's message shall explain the budget both in fiscal terms and in terms of the work programs
It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important
features of the budget, indicate any major changes from the current year in financial policies, expenditures,
and revenues, together with the reasons for such changes, summarize the City's debt position, and include
such other material as the manager deems desirable or which the council may require.
Section 9.4. Budget content.
The budget shall provide a complete financial plan of all municipal fu nds and activities for the ensuing
fiscal year and, except as required by law or this Charter, shall be in such form as the manager deems desir a-
ble or the council may require. In organizing the budget, the manager shall utilize the most feasible combin a-
tion of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall
begin with a clear general summary of its contents and shall be so arranged as to show comparative figures for
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actual and estimated income and expenditures of the preceding fiscal year. It shall indicate in separate
sections:
(a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amount to be re-
ceived from property tax; cash surplus being defined for purposes of this article as the amount by
which cash is expected to exceed current liabilities and encumbrances at the beginning of the ensuing
fiscal year;
(b) Proposed expenditures for current operations during the ensuing fiscal year, detailed by offi c-
es, departments and agencies in terms of their respective work programs, and the method of financing
such expenditures;
(c) A reasonable provision for contingencies;
(d) A capital depreciation fund;
(e) Required expenditures for debt service, judgments, cash deficient recovery and statutory ex-
penditures;
(f) Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments
and agencies when practicable, and the proposed method of financing each such capital expenditure;
(g) Anticipated net surplus or deficit for the ensuing fiscal year for each utility owned or operated
by the City and the proposed method of its disposition; subsidiary budgets for each such utility giving
detailed income and expenditure information shall be attached as appendices to the budget;
(h) The total of proposed expenditures and provision for contingencies shall not exceed the total
of estimated revenue.
Section 9.5. Capital program.
(a) Submission. The manager, with such assistance as the council may direct, shall prepare and sub-
mit to the council a long-range capital program, simultaneously with his recommended budget.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements which are proposed to be undertaken during the following
fiscal years, with appropriate supporting information as to the necessity for the improvement;
(3) Cost estimates, method of financing and recommended schedules for each such improvement;
and
(4) The estimated annual cost of operating and maintaining the facilities to be constructed or a c-
quired.
This information may be revised or extended each year with regard to capital improvements still pending or in
process of construction or acquisition.
Section 9.6. Budget hearing.
A public hearing on the proposed budget and proposed capital program shall be held by the council on
any date at least fifteen (15) days prior to the final day established by law for the certification of the ensuing
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year's tax levy to the county. Notice of the time and place of such hearing shall be published one time at least
seven (7) days prior to the hearing.
Section 9.7. Council amendments.
After the public hearing, the council may adopt the budget with or without amendment. In amending
the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts,
except expenditures required by law or for debt service or for estimated cash deficit.
Section 9.8. Council adoption.
The council shall adopt the budget by resolution on or before the final day established by law for the
certification of the ensuing year's tax levy to the county. If it fails to adopt the budget by this date, the
amounts appropriated for the current operation for the current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month-to-month basis, with all items in it pro-rated accordingly, until such time as the
council adopts the budget for the ensuing fiscal year.
Section 9.9. Property tax levy.
Adoption of the budget by council shall constitute appropriations of the amounts specified therein as
expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed.
Council shall cause the same to be certified to the county as required by law.
Section 9.10. Contingencies.
The budget may include an item for contingencies. Except in those cases where there is no logical a c-
count to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but
instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account,
and the expenditure charged to such account. No such transfer shall be made without the express approval of
the council, and then only for expenditures which could not readily be foreseen at the time the budget was
adopted.
Section 9.11. Public records.
Copies of the budget and the capital program as adopted shall be public records and shall be made
available to the public in the municipal building.
Section 9.12. Amendments after adoption.
(a) Supplemental appropriations. If during the fiscal year the manager certifies that there are avail a-
ble for appropriation revenues in excess of those estimated in the budget, the council by ordinance may make
supplemental appropriations for the year up to the amount of such excess.
(b) Emergency appropriations. To meet a public emergency affecting life, health, property or the pub-
lic peace, the council may make emergency appropriations. Such appropriations may be made by emergency
ordinance in accordance with provisions of Section 4.11. To the extent that there are no available unappropri-
ated revenues to meet such appropriations, the council may by emergency ordinance authorize the issuance of
emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any
fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the eme r-
gency appropriation was made.
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(c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the ma n-
ager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the
council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and
his recommendation as to any other steps to be taken. The council shall then take such further action as it
deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance redu ce one or
more appropriations.
(d) Transfer of appropriations. Any time during the fiscal year the manager may transfer part or all of
any unencumbered appropriation balance among programs within a department, office or agency and, upon
written request by the manager, the council may by resolution transfer part or all of any unencumbered
appropriation balance from one department, office, agency, or object to another.
(e) Limitation. Effective date. No appropriation for debt service may be reduced or tran sferred, and
no appropriation may be reduced below any amount required by law to be appropriated or by more than the
amount of the unencumbered balance thereof. The supplemental and emergency appropriation and reduction
or transfer of appropriations authorized by this section may be made effective immediately upon adoption.
Section 9.13. Administration of budget.
(a) Work programs and allotments. The manager may require each department, office or agency to
submit work programs for the ensuing fiscal year showing the requested allotment of its appropriation by
periods within the year. The manager shall review and authorize such allotments with or without revision as
early as possible in the fiscal year. He may revise such allotments during the year if he deems it desirable and
shall revise them to accord with any supplemental, emergency, reduced or transferred appropriation made
pursuant to Section 9.12.
(b) Payments and obligations prohibited. No payments shall be made or obligation incurred against any
allotment or appropriation except in accordance with appropriations duly made and unless the manager first
certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient
funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and
payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter
shall be void and any payment so made illegal; such action shall be cause for removal of any officer who
knowingly authorized or made such payment or incurred such obligation, and he shall also be liable to the city
for any amount so paid. However, except where prohibited by law, nothing in this Charter shall be construed
to prevent the making or authorizing of payments or making of contracts for capital improvements to be
financed wholly or partly by the issuance of bonds, or to prevent the making of any contract or lease provi d-
ing for payments beyond the end of the fiscal year, provided that such act was made or approved by ordi-
nance.
(c) Monthly budget report. The city manager shall submit to the council a list of budget accounts,
bank reconciliations, the status of each budget account, and such other budgetary information as may be
required by council in the form of a monthly budget report.
Section 9.14. Independent audit.
An independent audit shall be made of all city accounts at least annually, and more frequently if
deemed necessary by the council. Such audit shall be made by certified or registered public accountants,
experienced in municipal accounting, selected by the council. Copies of such audit shall be made availabl e
for public inspection at the municipal building.
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ARTICLE X
MUNICIPAL BORROWING
Section 10.1. Forms of borrowing.
The City may borrow money and issue the following securities to evidence such borrowing:
(a) Short-term notes,
(b) General obligation bonds and other like securities,
(c) Revenue bonds and other like securities,
(d) Local improvement bonds and other like securities.
Section 10.2. Short-term notes.
The municipal government, upon the affirmative vote of the majority of the entire council, may borrow
money without an election in anticipation of the collection of taxes or other revenues and to issue short -term
notes to evidence the amount so borrowed. Any such short-term notes shall mature before the close of the
fiscal year in which the money is borrowed.
Section 10.3. General obligation bonds.
No bonds or other evidence of indebtedness payable in whole or in part from the proceeds of general
property taxes or to which the full faith and credit of the City are pledged, shall be issued, except in pursuance
of an ordinance, nor until the question of their issuance shall, at a special or general election, be submitted to a
vote of the electors and approved by a majority of those voting on the question; qualified electors of the City
shall mean those duly qualified to vote at a general or special election in the City of Aspen unless the city
council for sufficient reason shall by ordinance calling the election, restrict or limit such classification of
electors to taxpaying electors as may be defined by ordinance adopted by the city council, provided, however,
that such securities issued for acquiring utilities and rights theret o, or acquiring improving or extending any
municipal utility system, or any combination of such purposes, may be so issued without an election.
Section 10.4. Limitation of indebtedness.
The City shall not become indebted for any purpose or in any manner in an amount which, including
existing indebtedness, shall exceed twenty (20) percent of the assessed valuation of the taxable property
within the City, as shown by the last preceding assessment for City purposes; provided, however, that in
determining the limitation of the City's power to incur indebtedness there shall not be included bonds issued
for the acquisition or extension of a water system or public utilities; or bonds or other obligations issued for
the acquisition or extension of enterprises, works or ways from which the City will derive a revenue in
accordance with Section 10.5 of this article.
Section 10.5. Revenue bonds.
The City may borrow money, issue bonds, or otherwise extend its credit for purchasing, constructing,
condemning, otherwise acquiring, extending, or improving a water, electric, gas or sewer system, or other
public utility or income-producing project provided that the bonds or other obligations shall be made payable
from the net revenues derived from the operation of such system, utility or project, and providing further that
any two (2) or more of such systems, utilities, and projects may be combined, operated, and maintained as
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joint municipal systems, utilities, or projects in which case such bonds or other obligations shall be made
payable out of the net revenue derived from the operation of such joint systems, utilities or projects. Such
bonds shall not be considered a debt or general obligation of the City for the purposes of determining any debt
limitation thereof.
The City shall, in addition, have the authority to issue revenue bonds payable from the revenue or i n-
come of the system, utility or project to be constructed or installed with the proceeds of the bond issue, or
payable in whole or in part from the proceeds received by the City from the imposition of a sales or use tax by
the State of Colorado, or any agency thereof.
Such bonds shall not be considered a debt or general obligation of the City, and shall not be included as
part of the indebtedness of the City for the purposes of determining any debt limitation thereof. The City
shall further have the opportunity to issue revenue bonds for such purpose or purposes as may be more
particularly set forth by an ordinance or ordinances of the City, the bonds to be payable in whole or in part
from the proceeds of the Real Estate Transfer Tax imposed by the City. Such bonds shall not be considered a
debt or a general obligation of the City, and shall not be included as part of the indebtedness of the City for
purposes of determining any debt limitation thereof. Such Real Estate Transfer Tax shall not be considered a
sales or use tax within the meaning of any provisions of this Charter relating to sales and use tax revenue
bonds.
No revenue bonds shall be issued until the question of their issuance shall have been approved by a ma-
jority of the electors voting on the question at a regular or special election; provided, however, that revenue
bonds payable solely from the proceeds of the Real Estate Transfer Tax may be issued without an election;
and provided further, however, that industrial development revenue bonds may be issued pursuant to the
provisions of the County and Municipal Development Revenue Bond Act and without an el ection. (Referen-
dum of 4-6-71; Ord. No. 48-1980)
Section 10.6. Refunding bonds.
The council may authorize, by ordinance, without an election, issuance of refunding bonds or other like
securities for the purpose of refunding and providing for the payment of the outstanding bonds or other like
securities of the City of the same nature, or in advance of maturity by means of an escrow or otherwise.
Section 10.7. Special or local improvement district bonds.
The City shall have the power to create local improvement districts and to assess the cost of the con-
struction or installation of special or local improvements of every character against benefited property within
designated districts in the City by:
(a) Order of council, subject, however, to protest by the owners of a majority of all property ben-
efited and constituting the basis of assessment as the council may determine.
(b) On a petition by the owners of more than fifty (50) percent of the area of the proposed district,
provided that such majority shall include not less than fifty (50) percent of the landowners residing in
the territory.
In either event, a public hearing shall be held at which all interested parties may appear and be heard.
Right to protest and notice of public hearing shall be given as provided by council by ordinance. Such
improvements shall confer special benefits to the real property within said district and general benefits to the
City at large. The council shall have the power by ordinance without an election to prescribe the method of
making such improvements, of assessing the cost thereof, and of issuing bonds for cost of constructing or
installing such improvements including the costs incidental thereto.
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Where all outstanding bonds of a special or local improvement district have been paid and any monies
remain to the credit of the district, they shall be transferred to a special surplus and deficiency fund and
whenever there is a deficiency in any special or local improvement district fund to meet the payments of
outstanding bonds and interest due thereon, the deficiency shall be paid out of said surplus and deficiency
fund. Whenever a special or local improvement district has paid and cancelled three -fourths of its bonds
issued, and for any reason the remaining assessments are not paid in time to take up the remaining bonds of
the district and the interest due thereon, and there is not sufficient monies in the special surplus and deficiency
fund, then the City shall pay said bonds when due and the interest due thereon, and reimburse itself by
collecting the unpaid assessments due said district.
In consideration of general benefits conferred on the City at large from the construction or installation
of improvements in improvement districts, the Council may levy annual taxes on all taxable property within
the City at a rate not exceeding four (4) mills in any one year, to be disbursed as determined by the Council
for the purpose of paying for such benefits, for the payment of any assessment levied against the City itself in
connection with bonds issued for improvement districts, or for the purpose of advancing monies to maintain
current payments of interest and equal annual payments of the principal amount of bonds issued for any
improvement district hereinafter created. The proceeds of such taxes shall be placed in a special fund and
shall be disbursed only for the purposes specified herein, provided that in lieu of such tax levies, the Council
may annually transfer to such special fund any available monies of the City, but in no event shall the amount
transferred in any one year exceed the amount which would result from a tax levied in such year as herein
limited.
Section 10.8. Long term installment contracts, rentals and leaseholds.
In order to provide necessary land, buildings, equipment and other property for governmental or proprietary
purposes, the City is hereby authorized to enter into long term installment purchase contracts and rental or
leasehold agreements. Such agreements may include an option or options to purchase and acquire title to
such property within a period not exceeding the useful life of such property, and in no case exceeding forty
(40) years. Each such agreement and the terms thereof shall be approved by an ordinance duly enacted by the
City. The city council is authorized and empowered to provide for the payment of said payments or rentals
from a general levy imposed upon both personal and real property included within the boundaries of the City,
or by imposing rates, tolls and service charges for the use of such property or any part thereof by others, or
from any other available municipal income, or from any one or more of the above sources. Provided, that
nothing herein shall be construed to eliminate the necessity of voter approval of a tax or levy if otherwise
required by this Charter. The obligation to make any payments or pay any rentals shall constitute an indeb t-
edness of the City within the meaning of the Charter limitation on indebtedness. Property acquired or
occupied pursuant to this Charter shall be exempt from taxation so long as used for authorized governmental
or proprietary functions of the City. (Ord. No. 12-1975)
ARTICLE XI
PUBLIC UTILITIES AND FRANCHISES
Section 11.1. General powers.
The City shall have and exercise with regard to all utilities and franchises, all municipal powers, in-
cluding without limitation, all powers now existing and which may be hereafter provided by the constitution
and statutes. The right of the City to construct, purchase, or condemn any public utility, work or way, is
expressly reserved. Except as otherwise provided by constitution, or this Charter, all power s concerning the
granting, amending, revoking, or otherwise dealing in franchises shall be exercised by the council.
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Section 11.2. Water rights.
The City shall have the power to buy, exchange, lease, own and control water rights.
Section 11.3. Utility rates and service areas.
The council shall by ordinance establish rates for services provided by municipality-owned utilities.
All newly-annexed territory shall be served by municipal utilities within a reasonable period of time after
annexation. If the council desires to extend the municipal water utility transmission lines beyond city boun d-
aries, it shall do so by ordinance.
Section 11.4. Granting of franchises.
No franchise shall be granted except upon approval by a majority of the electors voting thereon.
Section 11.5. Franchise records.
The council shall cause to be kept in the office of the city clerk an indexed franchise record in which
shall be transcribed copies of all franchises heretofore and hereafter granted. The index shall give the name of
the grantee and any assignees. The record, a complete history of all such franchises, shall include a compr e-
hensive and convenient reference to all actions at law affecting the same, and copies of all annual reports and
such other matters of information and public interest as the council may from time to time require.
Section 11.6. Existing franchises.
All franchise ordinances of the City in effect at the time that this Charter is adopted shall remain in full
force and effect according to their provisions and terms until the expiration date provided in such ordinance or
until modified by another franchise as provided in Section 11.4.
ARTICLE XII
TAXATION
Section 12.1. Authority to levy taxes.
The council may levy and collect taxes for municipal purposes including, without limitation general ad
valorem property taxes, and it may levy and collect special assessments for local improvements as provided in
this Charter; provided, however, that no income tax, sales tax or excise tax shall be levied after the adoption
of this Charter until such tax shall have been approved by majority of the electors voting at a regular or
special election.
ARTICLE XIII
MISCELLANEOUS LEGAL PROVISIONS
Section 13.1. Eminent domain.
The City shall have the right to eminent domain as provided by the constitution and the statutes.
Section 13.2. Reservation of power.
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The power to supersede any law of this state now or hereafter in force, insofar as it applies to local or
municipal affairs shall be reserved to the City, acting by ordinance, subject only to restrictions of Article XX
of the state constitution.
Section 13.3. Liability of City.
All claims and actions for the recovery of compensation for personal injury, death, or property damage
against the City on account of its negligence shall be governed by the Colorado Governmental Immunity Act
as now existing or as hereafter modified or amended. (Ord. 46-1992 §3, Election August 11, 1992)
Section 13.4. Restrictions on the sale or change in use of property.
Council shall not sell, exchange or dispose of public building, utilities or real property in use for public
purposes, including real property acquired for open space purposes, without first obtaining the approval of a
majority of the electors voting thereon. Additionally, the city council shall not cause or permit the change in
use of the real property acquired for open space purposes, other than for recreat ional, agricultural or under-
ground easement purposes, without first obtaining the approval of a majority of the electors voting thereon.
No real property acquired for open space purposes shall be sold, exchanged, disposed of, or converted to other
uses other than for recreational, agricultural or underground easement purposes, unless such open space is
replaced with other open space property of equivalent or greater value as of the date of sale or conversion as
determined by the City Council by resolution following a public hearing taking into consideration monetary,
environmental, and aesthetic values. (Ord. No. 14-1982; election 11/2/1999)
Section 13.5. Co-operative contracts.
The council may by resolution enter into contracts or agreements with other governmental units, spe-
cial districts, or persons for the joint use of buildings, equipment, or facilities, or for furnishing or receiving
commodities or services.
Section 13.6. Grants to regional service authorities.
In the interest of governmental services provided on a regional or area-wide basis and the benefits real-
ized by the City of Aspen from said service, the council may by ordinance provide grants of municipal funds
and services to regional service authorities existing at the time this Charter becomes effective or thereafter
created.
Section 13.7. Bequests, gifts and donations.
Council, on behalf of the City, may receive or refuse bequests, gifts, and donations of all kinds of pro p-
erty in fee simple or in trust for public, charitable, or other purposes, and do all things and acts necessary to
carry out the purpose of such gifts, bequests, and donations with power to manage, sell, lease, or otherwise
dispose of the same in accordance with the terms of the gift, bequest, or trust.
Section 13.8. Emergency powers.
In case of riot, insurrection or extra-ordinary emergency, the mayor, or in his absence, the manager,
shall assume general control of the city government and all branches and be responsible for the suppression of
disorders and the restoration of normal conditions. At any time of threatened or actual civil insurrection, the
mayor shall:
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(a) Proclaim the existence and termination of a threatened or actual civil insurrection;
(b) Request the governor's proclamation at his discretion if he believes that the resources and
ability of the community are inadequate to cope with the peril;
(c) Convene the council within two (2) days if it appears that the state of civil insurrection will
continue for more than two (2) days;
(d) Execute all his normal powers and all his special powers lawfully conferred upon him inclu d-
ing, but not limited to, establishing written rules and regulations governing conduct and activities re a-
sonably related to the protection of life and property and to the suppression of the civil insurrection.
Section 13.9. Severability of Charter provisions.
If any provision, section, article or clause of this Charter or the application thereof to any person or cir-
cumstance shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or
application of the Charter which can be given effect without the invalid portion or application, provided such
remaining portions or applications are not determined by the court to be inoperable, and to this end this
charter is declared to be severable.
Section 13.10. Charter amendments.
This Charter may be amended at any time in the manner provided by the constituti on. Nothing herein
contained shall be construed as preventing the submission to the people of more than one Charter amendment
at any one election. If provisions of two (2) or more proposed amendments adopted or approved at the same
election conflict, the amendment receiving the highest affirmative vote shall become effective.
Section 13.11. Interpretations.
Except as otherwise specifically provided or indicated by the context hereof, all words used in this
Charter indicating the present tense shall not be limited to the time of the adoption of this Charter but shall
extend to and include the time of the happening of any event or requirement for which provision is made
herein. The singular number shall include the plural, the plur al shall include the singular and the masculine
gender shall extend to and include the feminine gender and neuter, and the word "person" may extend and be
applied to bodies politic and corporate and to partnerships as well as to individuals.
Section 13.12. Definitions.
As used in this Charter the following words and phrases shall have the following meanings:
(a) Appropriation. The authorized amount of monies set aside for expenditures during a speci-
fied time for a specific purpose.
(b) City. City of Aspen, Colorado, a municipal corporation.
(c) Council. The city council of the City of Aspen, including the mayor, unless provided other-
wise.
(d) Manager. The city manager of the City of Aspen appointed pursuant to Section 6.1.
(e) Franchise. An irrevocable privilege granted by the City permitting a specified use of public
property for a specified length of time.
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(f) Employee. A person employed by the City of Aspen.
(g) General municipal election. A municipal election held every two (2) years at which candi-
dates for elective offices of the City are voted upon in accordance with this Charter.
(h) Public utility. Any person, firm, or corporation operating heat, power, or light systems,
communication systems, water, sewer or scheduled transportation systems, and serving or supplying
the public under a franchise granted by the City.
(i) Officer. Any person elected to office or appointed by council, including appointees to boards
and commissions.
(j) Constitution. The Constitution of the State of Colorado.
(k) Statutes. The applicable laws of the State of Colorado as they now exist or as they may be
amended, changed, repealed or otherwise modified by legislative procedure.
(l) Elector. A person qualified to vote under the Constitution and Statutes of the State of Colo-
rado.
(m) Permanent board or commission. A board or commission intended by council to be a part of
the permanent governmental structure of the City of Aspen as established by ordinance.
Section 13.13 Specially Designated Spaces.
(a) Specially Designated Spaces. The following City-owned properties are hereby identified as Spe-
cially Designated Spaces:
(1) The Ute Cemetery.
(2) The John Denver Sanctuary at the Rio Grande Park.
(b) Uses of Specially Designated Spaces. Notwithstanding any portion of the Municipal Code to the
contrary, changes in the authorized uses of Specially Designated Spaces shall be by resolution approved by
the unanimous vote of all council members. (Ord. No. 34-2001, § 1)
Section 13.14 – Voter authorization of certain land use approvals.
(a) Any land use approval granted by the City of Aspen, or an amendment to a previous land use ap-
proval, including those granted as a result of litigation, on land within the zone districts listed in paragraph
(b), that exceeds the zoning limitations for allowable floor area or maximum height (including height restrict-
ed by view planes), or which reduces the requirements for the amount of off-street parking spaces or afforda-
ble housing, shall not be effective unless subsequently approved by a majority of all City electors voting
thereon.
(b) Except as set forth herein below, the provisions of paragraph (a) shall apply to all properties east
of Castle Creek within the following zone districts on January 1, 2015: Commercial Core (CC) zone district,
Commercial (C-1) zone district, Service/Commercial/Industrial (S/C/I) zone district, Neighborhood Commer-
cial (NC) zone district, Mixed Use (MU) zone district, Lodge (L) zone district, Commercial Lodge (CL) zone
district, Lodge Overlay (LO) zone district, Lodge Preservation Overlay (LP) zone district.
(c) Although within the zone districts set forth in paragraph (b), the following shall be exempt from
the provisions of paragraph (a): single-family and duplex homes, replacement of non-conforming structures,
and variations necessary to meet the requirements of the Americans with Disabilities Act (ADA), the Federal
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Fair Housing Act (FHA), the Federal Telecommunications Act (FTA), to implement energy efficiency
measures, to meet applicable building and fire codes, or an amendment to a previous land use approval that
reduces height or floor area or increases the amount of parking or affordable housing.
(d) The approval of the electorate required by this Section shall take place at the next available pre-
viously scheduled state or county election, the next general municipal election or a special election set by the
Council, whichever is earlier.
(e) The City of Aspen shall amend the Land Use Regulations to be consistent with this Home Rule
Charter Amendment. (election 5/5/2015)
ARTICLE XIV
TRANSITION PERIOD
Section 14.1. Effective date of Charter.
This Charter shall become effective immediately upon voter approval except that those provisions of
Article IX relating to the preparation and submission of the budget and capital program shall become effective
for the 1971 annual budget, and those provisions in Article III relating to the election of mayor and counci l-
men shall become effective at the first general election scheduled under this Charter to be held on May 4,
1971.
Section 14.2. Prior city legislation.
All bylaws, ordinances, resolutions, rules and regulations of the City which are not inconsistent with
this Charter and which are in force and effect at the effective date of this Charter shall continue in full force
and effect until repealed or amended. Those provisions of any effective bylaw, ordinance, resolution, rule or
regulation which are inconsistent with this Charter are hereby repealed.
Section 14.3. Present elected officials to continue in office.
The present city council and mayor in office at the time of the adoption of this Charter shall contin ue at
their present salaries, to serve and carry out the functions, powers and duties of their offices until their
successors assume the duties of their offices.
The present city clerk and city treasurer in office at the time of the adoption of this Charte r, shall con-
tinue at their present salaries to serve and carry out the functions, powers, and duties of their offices until the
next general municipal election.
Section 14.4. Continuation of present boards and commissions.
All boards and commissions in office at the time of adoption of this Charter shall continue to function
with their present powers and duties as provided in the respective ordinances.
Section 14.5. Continuation of appointed officers and employees.
Except as otherwise provided herein, after the effective date of this Charter, all appointive officers and
all employees of the City shall continue in that city office or employment, which corresponds to the city
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office or employment which they held prior to the effective date of this Charter, as though they had been
appointed or employed in the manner provided in this Charter; and they shall in all respects be subject to the
provisions of this Charter, except that any officer or employee who holds a position which this Charter
provides be held at the pleasure of the appointing officer or body, shall hold such position only at such
pleasure regardless of the term for which originally appointed.
Section 14.6. Saving clause.
This Charter shall not affect any suit pending in any court or any document heretofore executed in con-
nection therewith. Nothing in this Charter shall invalidate any existing contracts between the City of Aspen
and individuals, corporations or public agencies.
CERTIFICATE OF FINAL ADOPTION
We, the undersigned, present members of the Aspen Charter Convention, duly elected by the people of
Aspen, Colorado at a special election held on March 24, 1970, or duly appointed accordin g to law, under
authorization of Article XX, Constitution of the State of Colorado, to frame a Home Rule Charter for the City
of Aspen, do hereby certify that the foregoing is the Proposed Charter as finally approved and adopted by the
members of the Convention on the 14th day of May, 1970, for submission to the people of Aspen at a special
election to be held on June 16, 1970.
Executed in triplicate at Aspen, Colorado, this 14th day of May, 1970.
Dr. William Comcowich, President Eve Homeyer, Vice President
Ramona Markalunas, Secretary Wayne Habermann
James Adams Francise Kalmes
Curtis Baar Werner Kuster
Neil Beck Ralph Melville
Fritz Benedict Robin Molny
Albert Bishop William McEachern
Alfred Braun Bernard Popish
Michael Garrish William Shaw
Victor Goodhard Jack Walls
Charles B. Howe, Attorney at Law
Charter Convention Advisor
Francis Whitaker
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this 14th day of May, 1970.
My Commission expires 12-20-73.
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Lorraine E. Graves
/s/_______________________________________
Notary Public
I hereby certify that the above and foregoing document is the Charter adopted at the Special Election
for the City of Aspen, Colorado, held Tuesday, June 16, 1970, and duly filed by me with the Secretary of
State of the State of Colorado.
Lorraine E. Graves
/s/_____________________________________
City Clerk
SEAL
Published in the Aspen Times:
First Publication, May 28, 1970
Second Publication, June 4, 1970
Third Publication, June 11, 1970
Fourth Publication, June 18, 1970
Updated 1/8/2019
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! bridging the gap
The importance of roles, values and dierent
perspectives in creating eective governing bodies.
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2 | Governing Together
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representative of constituencies and a trustee of the public good.
7 RESPEct: Understands that respect can be earned by:
• Speaking on issues only when they have new insights
that further debate and understanding; • Asking genuine questions of others; and by• Exercising their strengths in a way that others value.
8 PARtnERSHiP: Respects and values the partnership
between the governing body and their appointed sta.
9 AccEPtABLE AnD SuStAinABLE:
Understands that what can be done must be both
politically acceptable AND administratively sustainable.
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the ideal
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Julia D. Novak and Dr. John Nalbandian, 2017
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Big Picture
thinker
• Focus here is on decisions that can have significant impact on the city. Can be long
term or short term.• Often focus is on the future and what might make a significant dierence.• Seeing possible connections and relationships .• Thinks beyond present data and constraints.
truStee–
Steward
• While listening and respecting constituent views, the trustee feels responsible to the
city as a whole and to future residents. • The trustee will make uncomfortable decisions that may run counter to constituent
wishes because the decision is in the greater good.
rePreSentatiVe–
conStituent
adVocate
• In this role, the council member acts as a “customer service representative.”• The council member is a conduit between citizens and city services.• Often, citizens see this council member as most responsive to their individual concerns.
community
Builder–
Bringing PeoPle
together
• In the community builder role, the council member focuses on relationships and
consensus building.• The community builder fosters relationships and is able to work through di erences. • Community is not just a casual word to the council member who gravitates to this role.
deciSion
maker
• The decision maker sees his/her role much like a judge. • Information is presented, and the decision maker votes it up or down. • This is not an easy role, but often it is a fairly passive role in contrast to that of the
community builder.
oVerSight
• In this role, the council member retains a measure of distance from the sta.• The focus is on accountability of sta to the council.
governance roles
Julia D. Novak and Dr. John Nalbandian, 2016
142
4 | Governing Together
Frequently, when we think of values, qualities like honesty,
reliability, love and sincerity come to mind. These are values-
-deep-seated beliefs that lead to judgments about right and
wrong--but they have to do with individuals and how we
lead our lives individually.
Public service values influence public policy development,
implementation, evaluation, and governance design, as
opposed to the lives of the individuals who make policy
and program decisions. The primary public service values
in our culture in response to public wants and needs are
accountability, eciency and eectiveness, social equity,
diversity, and justice.
AccountABiLity/REPRESEntAtion:
Government and public service providers answer
to the will of the people. In government, there is
a deep seated belief that the wishes of citizens
should be represented by elected ocials in
governing bodies. In other types of public service providers,
such as nonprofit organizations and public service enterprises,
managers and decision-makers are held accountable to their
trustees and governing bodies according to their public service
mission. If a public policy or public program is going to have
an impact on a group of citizens, that group should have the
opportunity to be heard. Regardless of the accountability
mechanisms, either through representative or trustee, public
expressions of preferences are to be acknowledged. And,
public involvement in the governing process is essential for
legitimacy of governing processes.
• Homeowners say, “We have a petition signed by 20 residents
on our block requesting a stop sign at 4th and Elm.”
• A group of citizens who supported you in your last
election remind you, “You pledged to hold the line
on taxes and now you are talking about raising taxes.
That’s not what we elected you for.”
• A group of citizens says, “The city ought to be paying
more attention to the welfare of its children. We’ve
heard teenagers say they have no place to go at night.
For their well-being and that of the city as a whole, we
should build a teen center.”
EfficiEncy AnD EffEctivEnESS/
PRofESSionALiSm: Citizens expect public
service providers to be run prudently and for
programs and policies to achieve intended
outcomes, not only in the short run but also in the long run.
This is accomplished through cost-consciousness and rational,
analytical decision-making and through an emphasis on
expertise and professionalism, planning and merit. As such, this
value goes beyond financial sensitivities and emphasizes the
need for policymakers and program managers in public service
organizations to be responsive to diverse outcome expectations
of the public and also be good stewards of public resources.
• Sta says to the council, “At your request, we now
have available a comprehensive parks and recreation
master plan, and for your consideration we would like
to develop a five-year capital improvements budget to
implement it.”
• A budget shortfall leads the chief administrative
ocer to consider layos. One of the alternatives
presented to council is to make any layos based on
job performance of the employees.
• The public works director is having a dicult time
with the city’s director of neighborhood development
on a road project. The public works director argues
that according to the engineering consultant’s design,
the best route will take the road parallel to 11th street.
The director of neighborhood
development argues that the
preferred route will split an
existing neighborhood.
public service values
School of Public Aairs & Administration, University of Kansas, Dr. John Nalban dian, Professor Emeritus
143
thenovakconsultinggroup.com | 5
SociAL EQuity AnD DivERSity:
Frequently, citizens are dierentiated by
physical conditions, ethnical, economic,
work, age, gender, and social background, as
well as by political, social, and cultural preferences. Public service
providers are expected to respect these dierences and treat all
citizens equally in policymaking and program implementation and
strive to provide equal opportunities for all.
• A representative of the neighborhood association argues
that the city wants to build an addition to its motor pool
on the east side of town because that’s where the poor
people live. The representative says, “You wouldn’t think of
putting it on the west side of town.”
• The armative action ocer reminds the city manager
that a layo policy based on “last hired, first fired” will have
a disproportionate eect on minorities who were hired as
part of the armative action program.
• The city council, elected at-large, wants a report from the city
manager on the distribution of funds for infrastructure repair.
There is some concern in town that more money is going to
new development compared to the older parts of town.
juSticE/inDiviDuAL RiGHtS: Citizens are
granted property rights and civil rights
through ordinances, statutes and laws, and the
constitution. They also have the right to due
process that protects them from arbitrary decisions by majorities
or by those who govern, and are to be treated equally before the
legal system despite their individual background. Both elected
and non-elected decision-makers are expected to respect
these rights in the processes of policymaking, implementation,
evaluation, and adjudication.
• A new road is being built and an environmental group
argues that to preserve green space the city ought to
require a significantly greater setback than it presently
does. The land owners along the route indicate their
displeasure saying, “If the people want my land for green
space, they should buy it.”
• The fire fighters union objects to layos based on
performance because it gives too much discretion to
supervisors who it contends will play favorites. Union
spokespersons argue that employment decisions should
be based on seniority.
• An angry group of parents confronts the city commission
and says, “The city should put a crossing guard at 9th and
Kentucky. Our children have a right to cross the street
safely on their way to school.”
While we cherish each value, it is a common observation that one
cannot optimize all four values simultaneously. Thus, policymaking
and managerial decisions focus not only on outcomes and policy
goals, but also upon ways of accommodating these four values in
order to connect what is politically and socially acceptable with what
is administratively feasible and sustainable. One’s political philosophy
can be expressed as preferences for one value over another.
144
6 | Governing Together
Political acceptability administrative sustainability
characteriSticS PoliticS
cao and Senior
Staff in the gaP
electeds*
adminiStration
Activity Game/allocation of values Problem Solving
Players Representatives/trustees Experts-trustees
Conversation
“What do you hear?”• Passion• Dreams• Stories
“What do you know?”• Data• Plans• Reports
Pieces Intangible: Interests and
symbols
Tangible: Information; money,
people, equipment
Currency Power (stories), loyalty, trust Knowledge (deeds)
Dynamic Constructive conflict,
compromise, change
Predictability, cooperation,
continuity
the political-
administration gap
School of Public Aairs & Administration, University of Kansas, Dr. John N albandian, Professor Emeritus
145
thenovakconsultinggroup.com | 7
goalS organization FiScal PerSonnel ProcedureS inFormation
“what”vision & values community bonds & tax
levels service levels elections &
initiatives
newsletters,
television & press Policy leVelstrategies &
goals board budgets & debt
management salary & benefits ordinances &
resolutions “state of the city”
master work
plan manager budget & finance
plan hire & fire policy &
procedures annual report
“how”department
work plan department heads budget control training &
development
standards &
benchmarks
monthly, quarterly
reports adminiStration leVelteam work plan operations managers service delivery supervision &
discipline
operating
procedures progress reports
individual work
plan service employees individual
services
personal
responsibility job checklist status report
effectiveness efficiency control
council’S SPhere
Determine “purpose,” scope of services, tax level,
constitution issues miSSion Advise (what city “can” do may influence what it
“should” do); analyze conditions and trends
Pass ordinances; approve new projects and
programs; ratify budget Policy Make recommendations on all decisions; formulate
budget; determine service distribution formula
Make implementing decisions (e.g., site selection);
handle complaints; oversee administration adminiStration Establish practices and procedures and make
decisions for implementing policy
Suggest management changes to manager; review
organization’s performance in manager’s appraisal management
Control the human, material and informational
resources of organization to support policy and
administrative functions
manager’S SPhere
local governance system
Local Government Policy-Making Process, MRSC of Washington
the political-
administration dichotomy
Jim Svara, Dichotomy & Duality: Reconceptualizing the Relationship between Policy & Administration in Board-Manager Cities, Public Administration
Review, Vol. 45, No. 1, pp 221-232
146
513-221-0500
26 E. Hollister Street, Cincinnati, OH 45219
thenovakconsultinggroup.com
oBStacleS to eFFectiVe goVernance
Although councils dier, three obstacles to council
eectiveness are fundamental. First, councils that are willing
to deal with big issues will have to confront conflicting
political values. These values include representation,
eciency, social equity, and individual rights. Choices among
values are not choices between right and wrong, and councils
searching for “correct” answers to policy issues are bound to
become frustrated.
Second, councilors must confront the dicult values work
they are respon sible for in the absence of hierarchy—the
mayor is not the boss. How many jobs have you had where
no one was in charge?
The third obstacle is the dierence in perspective between
council and sta—dierences that are often dicult to un-
derstand because while council and sta use the same words,
they speak a dier ent language.
The tools we identify below are in tended to enable a
willing council to deal with dicult issues by building
council capacity. An important piece of that capacity is an
eective partnership with sta.
Effective, Civil Governance...
toolS to B
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made possible by you!
Julia D. Novak and Dr. John Nalbandian, Preparing Councils for
Their Work, ICMA Public Management Magazine, Vol. 91, No. 7
147