HomeMy WebLinkAboutagenda.council.regular.20241022AGENDA
CITY COUNCIL REGULAR
MEETING
October 22, 2024
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IV.Citizens Comments & Petitions
V.Special Orders of the Day
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
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VI.Consent Calendar
VIA.Resolution #132, Series of 2024 - Termination of the Community Office for Resource
Efficiency (CORE) Interorganizational Agreement
VII.Notice of Call-Up
VIII.First Reading of Ordinances
VIIIA.Ordinance #19, Series of 2024 – Section 25.12.095 Utilities Updates – Water Service
Line Requirements
IX.Public Hearings
IXA.Ordinance #18, Series of 2024 - Amending the City's Tax Code
X.Action Items
XI.Executive Session
(These matters may be adopted together by a single motion)
Termination of CORE Interorganizational Agreement Memo - October 22, 2024.docx
Attachment A - CORE IOA Termination Request.docx
Attachment B - 1995 Interorganizational Agreement.pdf
Attachment C - Resolution #132 Series of 2024 (Final).docx
Draft Minutes of October 8th, 2024
cc.min.100824.docx
Council Memo - First Reading - Title 25 Utilities Updates Water Service Line
Requirements_FOR UPLOAD.docx
Exhibit A_Draft Ordinance #019 Series of 2024 Title 25 Utilities Updates Water
Service Line Requirements.docx
Exhibit B_Water Service Line Information for Property Owners Flyer.pdf
memo_-_ordinance 18 - sales tax code.doc
Ordinance #18 - Tax Code Amendments.docx
Exhibit A - Chapter 23.32 - Sales Tax Changes.docx
Exhibit B - Chapter 23.56 - Adding Tobacco Tax to Municipal Code.docx
Exhibit C - Chapter 23.58 - Relocating and Updating Food Tax Refund Program.docx
Exhibit D - Chapter 23.04 - Changes to General Provisions - words and
definitions.docx
Pursuant to C.R.S. Section 24-6-402 (4)(f) Personnel
The specific item of discussion involves the following:
City Manager Review
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XII.Adjournment
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MEMORANDUM
TO:Aspen City Council
FROM:Tessa Schreiner, Sustainability Manager
THROUGH:CJ Oliver, Director of Environmental Health and Sustainability
Ben Anderson, Director of Community Development
MEMO DATE:October 14, 2024
MEETING DATE:October 22, 2024
RE:Resolution #132 (Series of 2024) - Termination of the Community
Office for Resource Efficiency (CORE)Interorganizational
Agreement
REQUEST OF COUNCIL:
The Community Office for Resource Efficiency (CORE) requests that Council terminate
the 1995 Interorganizational Agreement (IOA) (Attachment B) that established the
Community Office for Resource Stewardship that provided for the participation of the City
and other local organization in the governance of CORE. CORE seeks to operate as an
independent non-profit organization and, to that end, has requested that this IOA be
terminated (Attachment A).
SUMMARY AND BACKGROUND:
The City of Aspen is a founding member of the Community Office of Resource Efficiency,
a nonprofit organization whose mission is to lead the Roaring Fork Valley to a carbon-
free, net-zero energy future. In February 1995, the City of Aspen, Pitkin County, the Town
of Snowmass Village, Holy Cross Electric, Rocky Mountain Natural Gas, and the Energy
2000 Committee signed an interorganizational agreement (IOA) (Attachment B) founding
the Community Office of Resource Efficiency. Through the establishment of the IOA, the
founding partners intended to create a consortium of public and private entities investing
in and promoting energy and water efficiency. Since the establishment of the IOA, the
City of Aspen has maintained a close partnership with CORE through funding and
program support to achieve the organizations’ collective goal of reducing greenhouse gas
emissions. To staff’s knowledge, this agreement has not been amended, updated, or
terminated by any of the signing parties since 1995.
Due to upcoming shifts in CORE’s governance structure, CORE is requesting that the
City of Aspen terminate the IOA, particularly because under the IOA each of the founding
organizations was allotted a seat on the Board of Trustees of CORE and had voting rights
in questions related to its governance and operations. If terminated, CORE would
continue as a nonprofit, delivering the same services to the Aspen community, but its
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governance would not be tied by the interorganizational agreement to the founding
members.
At the September 9, 2024 work session, CORE staff presented this request to Council,
and Council directed staff to bring back a resolution (Attachment C) to terminate the
interorganizational agreement.
FINANCIAL IMPACTS:
There are no fiscal impacts associated with the termination of the interorganizational
agreement. If Council wishes to move forward with terminating the IOA at CORE’s
request, funding for CORE through REMP funds would be brought to Council as part of
the 2025 budget development process, as it has historically, and each year thereafter.
REMP was adopted in 1999 as part of the Aspen/Pitkin County building and energy code
and went into effect in 2000. CORE was the original designated recipient of REMP funds
for deployment into the community through grants and rebates for building efficiency and
electrification projects. While both Pitkin County and the City of Aspen have updated their
building codes since 2000 which removed the language specifying CORE as the sole
recipient or administrator of REMP funds, the City and County have continued to fund
CORE’s programs using REMP funds through the annual budget process.
ENVIRONMENTAL IMPACTS:
The City of Aspen has set science-based targets for reducing the community’s
greenhouse gas emissions: 63% by 2030 and 100% by 2050. CORE’s programming is
focused on energy efficiency and electrification, the two key actions to reduce greenhouse
gas emissions in buildings. Buildings account for 57% of the community’s emissions, thus
CORE’s work to decarbonize the built environment is vital to reaching Council’s carbon
goals. Terminating the interorganizational agreement would not in and of itself change
CORE’s work in the Aspen community.
ATTACHMENTS:
Attachment A – CORE IOA Dissolution Request
Attachment B – 1995 Interorganizational Agreement (IOA)
Attachment C – Resolution #132, Series of 2024
CITY MANAGER COMMENTS:
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September 19, 2024
Dear Aspen City Council Members,
On behalf of the Board of Directors for the Community Office for Resource Efficiency (CORE) I
am writing to confirm the organization’s intent to terminate the Interorganizational Agreement
between the City of Aspen, Pitkin County, Town of Snowmass Village, Holy Cross Electric
Association, Rocky Mountain Natural Gas, Division of KN Energy, Inc., and the Energy 2000
Committee for the establishment and operation of The Community Office for Resource
Efficiency. This agreement entered into on February 13, 1995 by the above mentioned parties
served to establish CORE as a Colorado Nonprofit Corporation to work cooperatively with
businesses, individuals, governmental entities and utilities to create measurable improvements
in energy and water efficiency in order to benefit the environment and develop a more
sustainable economy.
While the purpose of CORE’s work shall remain, the termination of this agreement serves to
allow for a change in the composition of the governing board, removing the requirement that
the board be comprised exclusively of local government elected officials and appointed utility
representatives, allowing for this to become a traditional citizen member board.
Please sign and return a copy of this notification, or otherwise provide a formal notice
indicating agreement with the formal dissolution of the interorganizational agreement on
behalf of your local government or utility. If you have any questions, please do not hesitate to
reach out to me at CEO@aspencore.org.
Respectfully,
John Dougherty, CEO
Community Office for Resource Efficiency
I do hereby acknowledge and agree to the dissolution of the Interorganizational Agreement of
1995 establishing the Community Office for Resource Efficiency on behalf of:
_______________________________________________________________________
ORGANIZATION NAME
______________________________________________________
PRINTED NAME/TITLE DATE
______________________________
SIGNATURE
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•
•
•
INTERORGANIZATIONAL AGREEMENT
BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF SNOWMASS
VILLAGE, HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN NATURAL
GAS, DIVISION OF KN ENERGY, INC., AND THE ENERGY 2000 COMMITTEE:
FOR THE ESTABLISHMENT AND OPERATION
OF
THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY
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THIS INTERORGANIZA~ AGREEMENT ("Agreement"), is made and
entered into as of this .l2..-day of ~~' 1995 by and among the CITY OF .
ASPEN, the TOWN OF SNOWMASS VILL GE, the BOARD OF COUNTY COMMISS
lONERS FOR THE COUNTY OF PITKIN, (collectively referred to as "Governmental
Entities"), HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN GAS,
DIVISION OF KN ENERGY, INC., (collectively referred to as "Utility Companies"), and
the ENERGY 2000 COMMITTEE. .
WITNESSEI'H:
WHEREAS, the Governmental Entities have the authority pursuant to Article XIV, Section
18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised
Statutes, to enter into intergovernmental agreements for the purpose of providing any service
or performing any function which they can perform individually; and .
WHEREAS, the parties desire to establish and operate a Community Energy Efficiency
Office as herein further described; and .
WHEREAS, the Utility Companies desire to cooperate and participate in the establishment,
funding and operation of the Energy Office.
NOW, THEREFORE, for and in consideration of the mutual. covenants and agreements of
the parties, and other good and valuable consideration, the adequacy and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. PURPOSE.
This Interorganizational Agreement is designed and intended to establish a Community
Office for Resource Efficiency ("Energy Officelt
) through the active participation of a
consortium of public and private entities invested in and committed to promoting energy and
water efficiency. The Energy Office shall be created as a Colorado Nonprofit Corporation.
The purpose of the Energy Office shall be to work cooperatively with businesses, individu
als, governmental entities and utilities to create measurable improvements in energy and
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• water efficiency in order to benefit the environment and develop a more sustainable econo
my.
II. TERM OF AGREEMENT.
The term of this Intergovernmental Agreement shall be from the date that all parties
execute the same through December 31, 1994, and shall automatically be renewed for
successive one-year periods thereafter upon the approval of the annual budget for such yeat
by all of the Governmental Entities. Any party may terminate this Interorganizational .
Agreement for any reason upon ninety (90) days' written notice. Notwithstanding any other
provision to the contrary, to the extent required by Article X, Section 20 of the Colorado •
Constitution, all provisions to this Interorganizational Agreement shall be subject to annual
renewal and appropriations by the Governmental Entities.
m. BOARD OF TRUSTEES.
1. Number; Manner of Aupointment. etc.
The Board shall initially consist of six (6) Trustees (the "Trustees"), serving staggered
terms to be appointed by each party to this agreement.
•
The term of office of the members of the Board shall be two (2) years, except as
provided herein with respect to the initial Board members.
The initial Board of Trustees shall be appointed as follows:
SpQnsoring/iij)pointing PartY Initial Term Termination Date
City of Aspen 12/31/96
County of Pitkin 12/31/96
TQwn Qf SnQwmass Village 12/31/96
HQ1y Cross Electric Assn. 12/31/95
RQcky Mtn. Natural Gas 12/31/95
Energy 2000 CQmmittee 12/31/94
The number Qf Trustees on the Board mary vary if, in the future, Qne Qr more of the
fQunding QrganizatiQns decides to withdraw from this agreement Qr if new organizatiQns join.
At all times, however, the Board of Trustees shall have at least fQur, and no mQre than niUe,
members. New sponsoring parties shall be elected to the Board by twQ-thirds majority VQte.
2. Voting Requirements.
(a) Quorum. The powers of the Energy Office shall be vested in the Trustees Qf
• the Board in office from time to time. FQur Trustees Qf the Board shall constitute a quorum
fQr the purpose Qf conduc~business and exercising powers and fQr all Qther purposes, but
a smaller number may adjQUlDfrom time to time until a quorum is Qbtained. When a
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• quorum is in attendance, action may be taken by the Board upon a majority vote of the
Trustees present.
(b) Manner of Votin~. The voting on all matters coming before the Board shali
be by roll call, and the votes shall be entered upon the minutes of such meeting by name, .
.except on the election of officers which may be by ballot. .
(c) voting Qualification. Only Trustees whose sponsoring organization has paid
in full their annual funding contribution as set forth herein shall be eligible to vote. The
Trustee representing the Energy 2000 Committee shall be eligible to vote regardless of
funding contributions.
3. Officers.
The offiCers of the Board of Trustees shall be a Chairperson, a Vice Chairperson, a
Secretary/Director of the Energy Office, and a Treasurer.
(a) Chaimerson. The Chairperson shall preside at all meeting of the Board of
Trustees. At each meeting, the Chairperson shall submit such recommendations and
information as slhe considers proper concerning the business, affairs and policies of the
Energy Office.
• (b) Vice-Chairperson. The Vice-Chairperson shall perform the duties of the
Chairperson in the absence or incapacity of the Chairperson; and in case of the resignation of
the Chairperson or death of the Chairperson, the Vice-Chairperson shall perform such duties
as are imposed on the Chairperson until such time as the Trustees shall select a new
Chairperson.
(c) Secretary/Director of the Energy Office. The Secretary shall be the Director
of the Energy Office and, as such, shall be the chief administrative officer of the Energy
Office and shall have general supervision over the administration of the Energy Office's
business and affairs, subject to the direction of the Board of Trustees. The Secretary shall be
charged with the management of the Energy Office. The Secretary shall keep the records I of
the Energy Office, shall act as secretary of the meetings of the Board and record all votes~
and shall keep a record of proceedings of the Energy Office in a journal of proceedings to be
kept for such purpose, and shall perform all duties incident to his/her office. .
The Secretary shall have the care and custody of all funds of the Energy Office and
shall deposit the same in the name of the Energy Office in such bank or banks as the
Trustees may select. The Secretary shall sign all orders and checks for the payment of
money and shall payout and disburse such moneys under the direction of the Trustees.
(d) Treasurer. The Treasurer shall be responsible for receiving and reviewing the
• Office's monthly checking statements. The Treasurer shall also have the duty and responsi
bility of performing other financial reviews as he or she deems appropriate to ensure that the .
fiscal affairs of the Office are managed in a safe, prudent, responsible, and conservative
fashion. The Treasurer shall be responsible for co-signing Office checks over an established
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• limit, and of co-signing transfer of funds between the Office's savings and checking
accounts.
(e) Election or Anpointment. The Chairperson, Viee-Chairperson, and Treasurer
shall be elected from among the Trustees of the Board, and shall hold office for one year or
until their successors are elected and qualified. .
The Secretary shall be appointed by the Board. Any person appointed to fill the
office of Secretary or any vacancy therein, shall have such terms as the Board fixes, but no
Trustee of the Board shall be eligible to this office except as a temporary appointee. .
(f) Additional Personnel. The Board may from time to time employ such
personnel as it deems necessary to exercise its powers, duties and functions as prescribed by
this Intergovernmental Agreement and all other laws of the State of Colorado applicable
there.
(g) Vacancies. Should the OffLce of Chairperson, Vice-Chairperson become
vacant, the Board shall elect a successor from its membership at the next regular meeting,
and such election shall be for the unexpired term of said office. When the office of
Secretary becomes vacant, the Board shall appoint a successor, as aforesaid.
4. Duties.
• The Board of Trustees shall perform the duties and functions as prescribed herein and
such other duties and functions as may from time to time be required by the Board of
Trustees to achieve the purposes of the Energy Office and to implement any Community .
Energy Action Plan which it may adopt in the future. The Trustees shall exercise, on behalf
of the Energy Office, all of the rights and powers which may be lawfully exercised by a •
Colorado Nonprofit Corporation formed and existing under the laws of the State of Colorado.
Those powers shall include, but shall not be limited to the following:
(a) To prepare an annual budget for the Energy Office which will identify
revenues and expenditures required to accomplish the goals and objectives of the Energy
Office as set forth herein;
(b) To maintain records of all Energy Office Board of Trustees meetings,
resolutions and planning documents and make them available for public review;
(c) To appoint a Secretary/Director to serve as the Secretary to the Board of
Trustees as specified hereinabove and the Chief Administrative Officer of the Energy Office;
(d) To do all things necessary and convenient to develop, adopt and thereafter .
implement a "Community Energy Action Plan";
• (e) To employ agents and employees;
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• (f) To cooperate with state and federal governmental agencies in all respects
concerning energy conservation and officiency;
(g) To purchase, acquire, obtain options, hold lease, sell, or otherwise dispose of
any real or personal property deemed necessary for the convenience of the Energy Office;
(h) To sue and be sued in its own name;
(i) To adopt, by resolution, regulations respecting the exercise of its powers arid
carrying out its purposes;
G) To exercise any other powers which are essential to the provision of functions,
services, or facilities by the Energy Office; and
(Ie) To do and perform any acts and things authorized by this Interorganizational
Agreement under, through, or by means of an agent or by contracts with any person, firm,
or corporation. .
(1) To indemnify the Trustees and such other persons or entities as the Trustees deem
proper in the furtherance of the lawful purpose of the Energy Office, and to obtain policies
of insurance for the purpose of providing funds for the payment of any such obligations of
indemnification.
• (m) To cause the Energy Office to be incorporated as a Colorado Nonprofit Corpora
tion and to perform all acts necessary or appropriate in furtherance of such incorporation,.
including the adoption of Articles of Incorporation and Bylaws for the corporation consistent
with the terms of this Agreement.
(n) To apply for exemption from federal income tax pursuant to the requirement of
U.S. Internal Revenue Code.
IV. BONDS, NOTES AND ornER OBLIGATIONS.
(a) The bonds, notes, and other obligations of the Energy Office shall not be the
debts, liabilities, or obligations of the parties hereto unless expressly assumed by the parties.
(b) The Governmental Agencies may pay the Energy Office in addition to their
funding obligations for services rendered or facilities provided by the Energy Office. In
addition, the Governmental Agencies may advance monies to the Energy Office for any
purpose subject to repayment of such funds by the nergy Office.
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V. FUNDING OBLIGATIONS.
Subject to the terms and conditions as herein stated, the parties agree to fund the
Energy Office through 1995 as follows:
Party 1994 1995 TOTAL
City of Aspen $15,000 $ 4,500 $19,500
County of Pitkin 10,000 10,000 20,000
Town of Snowmass Village 10,000 o 10,000
Holy Cross 20,000 o 20,000
Rocky Mm. Natural Gas 5,000 5,000 10,000
VI. BUDGET AND FINANCIAL REPORTS.
The Energy Office shall annually prepare a budget. In addition, the Energy Office
shall prepare monthly financial reports including a balance sheet, and income and expense
accounting report to include actual monthly figures, year to date figures and comparisons to
budget figures. With respect to all accounting, reporting, auditing and operational proce-.
dures, the Energy Office shall follow the provisions and guidelines of the Colorado Local·
Government Uniform Accounting Law and Colorado Local Government Audit Law.
VII. DISPOSITION OF ASSETS UPON TERMINATION.
• Upon the dissolution of the corporation, the Board of Trustees shall, after paying or
making provision for the payment of all liabilities of the corporation, dispose of all of the
assets of the corporation exclusively for the purposes of the corporation in such manner, or
to sub organization or organizations organized and operated exclusively for charitable, educa
tional, religious, or scientific purposes as shall at all time qualify as an exempt organization
or organizations under section 501(c)(3) of the Internal Revenue Code of 1954 (or the corre
sponding provision 'of any future United States Internal Revenu Law), as the Board of .
Trustees shall determine. Any such assets not so disposed of shall be disposed of by the
District Court of Pitkin County, Colorado, exclusively for such purposes or to such organiza
tion or organizations, as said Court shall determine, which are organized and operated .
exclusively for such purposes.
VITI.MODIFICATION OF THIS INTERORGANJZATIONAL AGREEMENT.
This Interorganizational Agreement may be modified by written amendment approved
by all parties, acting separately and in accordance with their respective procedural require
ments.
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IX. NOTICES.
Any formal notice, demand or request provide for in this Intergovernmental Agree
ment shall be in writing and shall be deemed properly given if deposited in the United States
Mail, postage prepaid to: .
City of Aspen
c/o City Manager
130 South Galena St.
Aspen, Colorado 81611
Board of County Commissioners of
Pitkin County, Colorado
clo County Manager
506 Bast Main Street
Aspen, Colorado 81611
Town of Snowmass Village
C/O Town Manager
• Holy Cross Electric Association
Rocky Mtn. Natural Gas, Division of KN Energy, Inc.
Energy 2000 Committee
x. PERSONNEL
It is expressly aclmowledged and understood by the parties that nothing contained in
this agreement shall result in, or be construed as establishing an employment relationship not
intended by the express terms of this agreement. The SecretarylDirector of the Energy
• Office and all other staff members employed by the Energy Office or the Board of Trustees
of the Energy Office shall be for all purposes employees of the Energy Office. It is
anticipated that Energy Office employees may be assigned to work on projects and activities
for one or more of the Govemm~ta1 Entities and may be required to repoit to personnel .
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• employed by those entities. Nothing contained in this agreement shall be construed to make
such sharing arrangements evidence of an employee/employer relationship other than the
ones specifically set forth herein. No agent, employee, or servant of one party shall be, or
shall be deemed to be, the employee, agent or servant of the other party. Each party to dUs
agreement shall be solely and entirely responsible for its acts and for the acts of its agents~
employees, servants and subcontractors during the performance of this agreement.
XI. INDEMNIFICATION AND INSURANCE.
The Energy Office shall indemnify all of the entities participating in this Interorgani
zational Agreement and the Trustees of the Energy Office against all claims of any sort
arising out any acts of the Energy Office and its officers, employees and agents. The Energy
Office shall, at all times, obtain and keep in force policies of Comprehensive General
Liability Insurance and Directors & Officers Liability Insurance, having minimum policy .
amounts of $300,000 per occurrence, which policies shall include coverage for the obliga
tions of indemnification set forth in this paragraph. A Fidelity Bond shall be maintained by
the corporation in a sufficient amount to cover the duties of the Secretary/Director with
regard to handling the funds of the corporation.
•
None of the Governmental Entities waive the defenses or limitations on damages
provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-1-1 et
seq. C.R.S.), the Colorado Constitution, their home rule charters or under the common law
or the laws of the United States or the State of Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agree
ment on the day and year stated hereinbelow.
CITY OF ASPEN, COLORADO
By:
ATTEST:
~
Approved as to Form:
•
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• BOARD OF COUNTY COMMISsioNERS FOR THE
COUNTY OF PITKIN
By:~2J:~
TOWN OF SNOWMASS VILLAGE, COLORADO·
-
...---t> 3 e. e-. fc so\ v.'-\l C> h
By: _
AlTEST:
r-J 0,\ L\...-5 -:f On
•
f ro C <:: <:: J..,;'\J ?0\-)G S '
Approved as to Form:
Town Attorney
HOLY CROSS ELECTRIC ASSOCIATION
By: _
Approved as to Form:
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RESOLUTION NO. 94-57
• SERIES OF 1994'
INTERORGAl\TJZATIONAL AGREEMENT
BETWEEN TIm CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF SNOWMASS VII;,LAGE,
HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN NATURAL GAS, DIVISION
OF KN ENERGY, INC., AND THE ENERGY 2000 COMMITTEE FOR THE ESTABLISHMENT
AND OPERATION OF THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY
THIS INTERORGANIZATIONAL AGREEMENT ("Agreement") is made and entered into as of this
~ day of De~ ,1994, by and among the CITY OF ASPEN, THE TOWN OF
SNOWMASS VILLAGE, the BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF
PITKIN, (collectively referred to as "Governmental Entities"), HOLY CROSS. ELECTRIC
ASSOCIATION, ROCKY MOUNTAIN GAS, DIVISION OF KN ENERGY, me., (collbctively
referred to as "Utility Companies"), and the ENERGY 2000 COMMITIEE.
WITNESSETH:
. WHEREAS, the Governmental Entities have the authori~ pursuant to Atti.cle XIV"Section.
18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to
enter into intergovernmental agreements for the purpose of providing any service or pe.rforniing any
function which they can perform individually; and
•
WHEREAS, the parties desire to establish and operate a Community Energy Efficiency Office,
as herein further described; and
WHEREAS, the Utility Companies' desire to cooperate and participate in the establishment
funding and operation of the Energy Office.
NOW, THEREFORE, for and in consideration of the mutual covenants and tgreements of the
parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Purpose The Interorganizational Agreement is designed and intended to establish a
Community Office for Resource Efficiency ("Energy Office") through the activ.;; participation of a
. consortium of public and private entities invested in and committed to promoting .:;nergy and water
.efficiency.· The Energy Office shall be to work cooperatively with bush";.,esses, individuals,
govermnental entities and, utilities to create measurable improvements in energy aac water efficiency
in order to benefit the environment and develop a more sustainable economy.
2. Terms ·of Agreement ' The term of this Intergovernmental Agreement shall be froni' the
date that all parties execute the same through December 31, 1994, and shall autom':iti.cally be renewed
for successive one-year periods thereafter upon the approval of the annual budget f)! such year by all
of the Govemmental Entities. Any party may terminate this Interorganizational Agreement.for any
reason upon ninety (90) days' written notice. Notwithstanding any other provision to the ci:>ntrary,
to the extent required by Article X, Section 20 of the Colorado Constitution, all provisions to this
Interorganizational Agreement shall be subject to annual renewal and appropriations: by the
Governmental Entities .
• 3. Board of Trustees
a. Number: Manner of Ap,pointment. etc. The Board shall initially consist of six (6)
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• Trustees (the "Trustees"), serving staggered terms to be appointed by each party to this agreement.
The term of office of the members of the Board shall be two (2) years, except as provided
herein with respect tot the initial Board members.
The initial Board of Trustees shall be appointed as follows:
Sponsoring/appointing partX Initial Term Termination Date
City of Aspen 12/31196
County of Pitkin 12/31/96
Town of Snowmass Village 12/31/96
Holy Cross Electric Association 12/31/95
Rocky Mountain Natural Gas 12/31/95
Energy 2000 Committee 12/31/94
The number :Jf Trustees on the Board may vary if, in the future, one or more of the founding
organizations decides to withdraw from this agreement or new organizations join. At all times,
however, the Board of Trustees shall have at least four, and no more than nine, members. New
Trustees shall be elected to the Board by two-thirds majority vote. . .
b. Votin"g Requirements
•
i) Quorum: The powers of the Energy Office shall be vested in the Trustees of the
Board in office from time to time. Four Trustees of the Board shall constitute a quorum for the
purpose of conducting business and exercising powers and for all other purposes, but a smaller number
may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action
may be taken by the Board upon a majority of the Trustees present.
ii) Manner of Voting: The voting on all matters coming before the Board shall be by
roll call, and the votes shall be entered upon the minutes of such meeting by name; except on the
election of officers, which may be by ballot.
iii) Voting Qualification: Only Trustees whose sponsoring organization has paid in full
their annual funding contribution, as set forth herein, shall be eligible to vote. The :Trustee
representing the Energy 2000 Committee shall be eligible to vote.
c. Officers: The officers of the Board of Trustees shall be a Chairperson,. a Vice
Chairperson, a Secretary/Director of the Energy Office, and a Treasurer.
i) Chairperson: The Chairperson shall preside at all meetings of the Board of
Trustees. At each meeting, the Chairperson shall submit such recommendations and information as
s/he considers proper concerning the business affairs and policies of the Energy Office. .
ii) Vice-Chairperson: Th~ Vice-Chairperson shall perform the duties. of the
Chairperson in the absence or incapacity of the Chairperson; and in case of the resignation of the
Chairperson or death of the Chairperson, the Vice-Chairperson shall perform such duties as are
imposed on the Chairperson until such time as the Trustees shall select a new Chairperson. •
iii) Secretary/Director of the Energy Office: The Secretary shall be the Director of
the Energy Office and, as such, shall be the chief administrative officer of the Energy Office and shall
• have general supervision over the administration of the Energy Office's business and affairs, subject
to the direction of the Board of Trustees. The Secretary shall be charged with the management of the
Energy Office. The Secretary shall keep the ·records of the Energy Office, shall act as secretary of
- 2
17
the meetings of the Board and record all votes, and shall keep a record of proceedings of the Energy • Office in a journal of proceedings to be kept for such purpose, and shall perform all duties incident
to his/her office.
The Secretary shall have the care and custody of all funds of the Energy Office and
shall deposit the same in the name of the Energy OffiCe in such bank or banks as the Trustees may
select. The Secretary shall sign all orders and checks for the payment of money and shall pay 'out and
disburse such moneys under the direction of the Trustees.
iv. Treasurer: The Treasurer shall be responsible for receiving and reviewing th.~
Office's monthly checking statements. The Treasurer shall also have the duty and responsibility of
performing other financial reviews as he/she deems appropriate to ensure that the fiscal affairs of the
Office are managed in a safe, prudent, responsible, and conservative fashion. The Treasurer shall he
responsible for co-signing office checks over an established limit, and of co-signing transfer of funds
between the office's savings and checking accounts.
v. Election or Appointment: The Chairperson and Vice-Chairperson shall be elede"l
from among the Trustees of the Board, and shall hold office for one year or until their successors are.
elected and qualified.
The Secretary shall be appointed by the Board. Any person appointed to fill the
office of Secretary or any vacancy therein, shall have such terms as the Board fixes, but no Trustee
of the Board shall be eligible to this office except as a temporary appointee.
•
vi. Additional Personnel: The Board may from time to time employee such personnel
as it deems necessary to exercise its powers, duties and functions as prescribed by this
Intergovernmental Agreement and all other laws of the State of Colorado applicable there.
vii. Vacancies: Should the office of Chairperson: Vice-Chairperson become va·::.ant,
the Board shall elect a successor from its membership at the I')f;~xt regular meeting, and such ele~tion
shall be for the unexpired term of said office. When the office of Secretary becomes vacant, the
Board shall appoint a successor, as aforesaid. .
d. Duties The Board of Trustees shall perform the duties and functions as rescribe<l herein
and such other duties and functions as may from time to time be required by the Board of Trustees
to schieve the purposes of the Energy Office and to implelment any Community Energy Action Plan
which it may adopt in the future. The Trustees spall exercise, on behalf of the Energy Office, all of
.", r' the rights and powers which may be lawfully exercised bya Colorado Non-profit Cor~JOration,fonned
and existing under the laws of the State of Colorado. Those powers shall include, but 6'~1all not be
limitedd to the following:
1. To prepare an annual budget for the Energy Office which will i.J~niify revenues
and expenditures required to accomplish the goals and objectives of the Energy Office, as set forth
herein; .
ii. To maintain records of all Energy Office Board of Trustees meetings, resplutions
and planning documents and make them available for public review; .
•
Ill. To appoint a SecretarylDirector to serve as the Secretary to the Board of Trustees,
as specified hereinabove and the Chief Administrative Officer of the Energy Offici~;
iv. To do all things necessary and convenient to develop, adopt and thereafter
implement a II Community Energy Action Plan";
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18
v. To employ agents and employees;
• vi. To cooperate with state and federal governmental agencies in all ;respects
concerning energy conservation and efficiency;
vii. To purchase, acquire, obtain options, hold lease, sell, or otherwise dispose of any
real or personal property deemed necessary for the convenience of the Energy Office; .
viii. To sue and be sued in its own name;
ix. To adopt, by resolution, regulations respecting the exercise of its powers and
carrying out its purposes;
x. To exercise any other powers which are essential to the provision of functions,
services, or facilities by the Energy Office; and
xi. To do and perform any acts and things authorized by this Interorganizational
Agreement under, through, or by means of an agent or by contracts with any person, firm, or
corporation;
xii. To indemnify the Trustees and such other persons or entities as the Trustees deem
proper in the furtherance of the lawful purpbse of the Energy Office, and to obtain· poiicies of·
insurance for the purpose of providing funds for the payment of any such obligations of indemni
fication.
•
Xlll. To cause the Energy Office to be incorporated as a Colorado Non-profit
Corporation and to perform all acts necessary or appropriate in furtherance of such incorporation,
including the adoption of Articles of Incorporation and By-laws for the corporation consistent With the
terms of this Agreement. '
xiv. To apply for exemption from federal income tax pursuant to the requirement of
U.S. Internal Revenue Code.
4. Bonds. Notes and Other Obligations
a) The bonds, notes, and other obligations of the Energy Office shall not be th¢ debts,
liabilities, or obligations of the parties hereto unless expressly assumed by the parties.
b) The Governmental Agencies may provide for payment tot he Energy Office of ~ds from
.. proprietary revenues for services rendered or facilities provided by the Energy Office, from'
.. ',,: proprietary revenues or other public funds as advances for any pUIpOse subject to the repayment of
the Energy Office.
.. .
5. Funding Obligations. Subject to the terms and conditions as herein stated, the parties
agree to fund the Energy (jffice through 1995 as follows:
fam .l221 ~ TOTAL
City of Aspen $ 15,000 $4,500 $ 19,560
County of Pitkin 10,000 10,000 20,0Q0
Town of Snowmass Village 10,000 10,000
Holy Cross 20,000 20,oqD
• Rock)' Mountain Natural Gas 5,000 5,000 10,000
6. Budget and Financial Reports. The Energy Office shall annually prepare a budget. In
addition, the Energy Office shall prepare monthly financial reports including a balance sheet, and
- 4
19
income and expense accounting report to include actual monthly figures, year-to-date figures and
• comparisons to budget figures. With respect to all accounting, reporting, auditing and operational
procedures, the Energy Office shall follow the provisions and guidelines of the Colorado Local
Government Uniform Accounting Law and Colorado Local Government Audit Law.
7. Disposition of Assets upon Termination. Upon the dissolution of the corporation, the
Board of Trustees shall, after paying or making provision for the payment of all liabilities of the
corpor<.',tion, dispose of all of the assets of the corporation exclusively for the purposes of the
corporation in such manner, or to such organization or organizations organized and operated
exclusively for charitable, educational, religious, or scientific purposes, as shall at all times, qualify
as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of
1954 (or the corresponding provision of any future United Sates Internal Revenue Law), as the Board
of Trustees shall determine. Any such assets not so disposed of, shall be disposed of by the District
Court of Pitkin County, Colorado, exclusively for such purposes or to such organization or
organizations, as said Court shall determine, which are organized and operated exclusively for such
purposes.
8. Modification of this InterorganizationaJ Agreement. This Interorganizational Agreement
may be modified by written amendment approved by all parties, acting separately and in accordance.
with their respective procedural requirements.
9. Notices Any formal notice, demand or request provided for in this Intergovernmental
Agreement shall be in writing and shall be deemed properly given if deposited in the United States
Mail, postage prepaid to:
• Town of Snowmass Village
clo Town Manager
P.O. Box 5010
Snowmass Village CO 81615
10. Personnel. It is expressly acknowledged and understood by the parties that nothing
contained in this Agreement shall result in, or be construed as, establishing an employment relationship
not intended by the express terms of this Agreement. The SecretarylDirector of the Energy Office
and all other staff members employed by the Energy Office or the Board of Tru~tees of the;Energy
Office shall be for all purposes employees of the Energy Office. It is anticipated that Energy Office
employees may be assigned to work on projects and activities for one or more of the GoveInmental
.:'.'.'",:"..:;,;,',';;;..Entities and may be required to report to personnel employed by those entities. Nothing Ct)ntained
in this Agreement shall be construed to make such sharing arrangements evidence of an employeeJ
employer relationship other than the ~:>nes specifically set forth herein. No agent, employee, or:servant
of one party shall be, or shall be deemed to be, the employee, agent or servant of the othet party.
Each party to this agreement shall be Solely and entirely responsible for its acts and for the a&s of its
agents, employees, servants and subcontractors during the performance of this Agreement.
11. Indemnification and Insurance The Energy Office shall indemnify all of the!entities
participating in this Interorganizational Agreement and the Trustees of the Energy Office against all
claims of any sort arising out of any acts of the Energy Office and its officers, employees and:agents.
The Energy Office shall at all times, obtain and keep in force policies of Comprehensive General
Liability Insurance and Directors and Officers Liability Insurance, having minimum policy amounts
of $300,000 per occurrence, which policies shall include coverage for the obligations of indemnifi
. , cation set forth in this paragraph. A Fidelity Bond shall be maintained by the ccrporatipn in a•
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20
'. sufficient amount to cover the duties of the Secretary/Director with regard to handling the funds of
the corporation.
None of the Governmental Entities waive the defenses or limitations on damages provided for and
pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-1-1 et seq.C.R.S.), the Colorado
Mayor Hooker and Council member Unger were absent.
By:
Tow
Constitution, their home rule charters or under the common law or the laws of the United States or
the State of Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
on the day and year stated hereinbelow.
INTRODUCED, READ AND APPROVED, by the Town Council of the Town of Snowmass
Village, Colorado on this 19th day of December, 1994 by a vote of five (5) in favor to zero (0)
opposed.
Ld\~
Trudi Worline, To ..vn Clerk
Approved as to Form:
• Town Attorney
CITY OF ASPEN, COLORADO
By:
ATTEST:
Approved as to Form:
...
")i~~ 1/3//~
. BOARD -OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN
By:
ATTEST:
County Attorney
Approved as to Form:
•
- 6
21
RESOLUTION #132
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
TERMINATING THE INTERORGANIZATIONAL AGREEMENT, ENTERED INTO ON
FEBRUARY 13, 1995, BY THE CITY OF ASPEN, PITKIN COUNTY, THE TOWN OF
SNOWMASS VILLAGE, HOLY CROSS ELECTRIC ASSOCIATION, ROCKY MOUNTAIN
NATURAL GAS, AND THE ENERGY 2000 COMMITTEE, FOR THE ESTABLISHMENT
AND GOVERNANCE OF THE COMMUNITY OFFICE FOR RESOURCE STEWARDSHIP.
WHEREAS, the above mentioned parties served to establish the Community Office for
Resource Efficiency (CORE) as a Colorado Nonprofit Corporation to work cooperatively with
businesses, individuals, governmental entities and utilities to create measurable improvements in
energy and water efficiency in order to benefit the environment and develop a more sustainable
economy; and
WHEREAS, CORE’s mission is to lead the Roaring Fork Valley to a carbon-free, net-
zero energy future; and
WHEREAS, since the establishment of the interorganizational agreement, the City of
Aspen has maintained a close partnership with CORE through funding and program support to
achieve the organizations’ collective goal of reducing greenhouse gas emissions; and
WHEREAS, due to upcoming shifts in CORE’s governance structure, CORE is
requesting that the City of Aspen terminate the interorganizational agreement; and
WHEREAS, if terminated, CORE would continue as a nonprofit, delivering the same
services to the Aspen community, but its governance would not be tied by the interorganizational
agreement to the founding members; and
WHEREAS, the termination of this interorganizational agreement does not prohibit or
limit the City of Aspen’s or other founding members’ ability to partner with CORE going
forward; and
WHEREAS,the City of Aspen determines that is in the best interest of CORE and the
community that CORE functions as its own independent non-profit; and
WHEREAS,the City of Aspen remains dedicated to its climate and greenhouse gas
emissions reduction goals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,
That the City Council of the City of Aspen hereby declares the interorganizational
agreement created to operate and establish the Community Office of Resource Stewardship is
terminated. Such termination shall be deemed effective ninety (90) days following written notice
22
of this resolution provided to the other parties to the interorganizational agreement pursuant to
Article IX of the agreement. Further, the City Manager is authorized to execute such other
documents as may be necessary to fully effectuate the termination.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd
day of October 2024.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held, October 22, 2024.
Nicole Henning, City Clerk
23
1
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 8, 2024
Mayor Torre called the meeting to order at 5:00 p.m. with Councilors Doyle, Hauenstein, Rose and Guth
present.
CITIZEN COMMENTS:
Monica Mayotte – Ms. Mayotte said she lives at 1039 E. Cooper and is a former deputy Mayor and
councilperson in Boca Raton, Fl. She is here to speak about the STR program. The STR program has
shortfalls. Her condo building resides in the RMF zone district, and they purchased prior to COVID and
have a valid STR permit. Now things are leveling out two years after COVID. There is a 40-property
waiting list currently. You are restricting the amount of sales tax revenue. There is also a lack of
transferability. The wait time is an estimated 8 years. She said the cap should be lifted, the max
changed, and allow transferability in all cases. They would like a lodge overlay on her building
specifically.
Dr. Tom Lankering – Dr. Lankering said he is here speaking about fluoridation in drinking water and has
been fighting it for the past 30 years. Recently there was a federal court ruling stating that it poses an
unreasonable risk to children. He spoke about the Toxic Substance Control Act. The EPA is now obligated
by law to limit the risk. He would like to suggest again and has for over 30 years in front of Council, to
remove fluoride from the drinking water. More and more communities are ridding of this.
Councilor Guth said he is interested in this conversation.
Councilor Hauensteinasked if the EPA will force removal of fluoride. Dr. Lankering said we don’t know
what the EPA will do. He said local jurisdictions have authority over this and it’s not a federal issue. So,
it’s up to the community. He said he is happy to work with Council or the water department on this.
City Manager, Sara Ott, said she is happy to bring this back to council to talk about regarding our water
as a whole and testing.
Mayor Torre said he’s advocated for this at this table previously and didn’t get the support. He is
definitely willing to discuss.
Councilor Rose said he is not supportive of talking about this.
Dwayne Romero – Mr. Romero said he is here to speak on behalf of the 1A county ballot issue. He
passed around a campaign flyer. He said a yes vote on this issue would create a new housing fund in
Pitkin County. This will raise 8 million dollars the first year. It’s in direct balance with the need.
Peter Fornell – Mr. Fornell said he is here speaking about the Armory changes on the exterior. He asked
if the HPC will have the final review on this project. Ms. Ott said the final decision will be at the council
table, but it will go to HPC as well.
Toni Kronberg – Ms. Kronberg said she is here speaking about dangerous intersections along Highway
82. She did a presentation last night at Snowmass council, and tomorrow is the BOCC. We will ask the
EOTC for the feasibility study for the Aspen highway sky cab. She is not sure how to get this on the EOTC
agenda. She is asking each jurisdiction to get it on the agenda.
Mayor Torre recommended her to public comment at EOTC. Council agreed to put her on public
comment.
24
2
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 8, 2024
Ms. Kronberg said she’s prepared to do a petition to put this on the ballot.
Greg Goldfarb – Mr. Goldfarb said he is here speaking in support of Council in supporting county
commissioners to move forward with the airport modernization. He is worried about what is going on in
this community. He is encouraging Council to not stand against other elected officials in this community.
He spoke about elected officials trying to get other elected officials to breach contract.
COUNCILMEMBER COMMENTS:
Councilor Doyle said since 2020 wildfires have burned 27 million acres in the United States. The United
Kingdom has stopped burning coal. He spoke about hurricane Milton approaching Florida. He is pleased
Aspen takes this problem seriously.
Councilor Rose said this past Friday he attended the “safe passages” event. He asked Ms. Ott to speak
about what the city has done with safe passages so far. Ms. Ott said we have provided them with
funding under 10k. Councilor Rose said they do great work and hopes that Council can support this
work.
Councilor Hauensteinspoke about the Crystal Palace and the HPC decision made last week. He would
like to call up the HPC decision.
Councilor Doyle seconded this motion.
Ms. Ott said City Attorney, James R. True and Mayor Torre both have proximity conflicts and should
leave the room. They both left the meeting. Ms. Ott said Councilor Doyle is Mayor Pro Tem and will run
this part of the meeting.
Assistant City Attorney, Kate Johnson, explained they can call this up after notice has been given. The
appropriate form of motion would be to notify staff to notify you for the purpose of a call up.
Councilor Hauenstein added a friendly amendment that staff prepare the information needed to have a
call up on the HPC decision at the next regular meeting; Councilor Doyle accepted.
Ms. Johnson explained that they hear the issue and make a decision if they want to review it or not. It
can go back to HPC but there are a variety of options.
Councilor Rose said given the process, he is not interested in sending it back to HPC.
Councilor Guth said he sympathizes, but he is not interested in a call up.
Roll call vote: Doyle, yes; Guth, no; Hauenstein, yes; Rose, no. 2-2, no action.
Ms. Johnson said a tie vote means no action according to the land use code.
Councilor Hauensteinsaid he attended the CML district meeting in Grand Junction. They were looking
for a host city and he volunteered Aspen. It’s up to you guys whether to have the meeting here or not in
Fall 2025. He said there were about 20 people in attendance. Mayor Torre said it’s always a challenge
getting people to attend in the Roaring Fork Valley. Ms. Ott said she would take it from here.
Mayor Torre gave a reminder that tomorrow is Donuts with Cops from 8-10 a.m. in front of the APD.
Later in the day, the APD and Aspen Fire and Pitkin County host an emergency preparedness event in
25
3
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 8, 2024
City Hall from 5:30 to 7:30 pm in Pearl Pass. Mayor Torre asked Ms. Ott for an update on the inspection
for the bridge.
Ms. Ott said the bridge inspection results are a month away. She said the inspection ran longer than it
was supposed to, so they are intrigued to find out why.
CITY MANAGER COMMENTS:
Ms. Ott said to not slip on safety during the off season. We have had some very serious injuries recently.
Do your part.
BOARD REPORTS:
Councilor Doyle spoke about APCHA. He also had CORE where they are starting a new CEO search.
Councilor Hauenstein said there is an opening on the APCHA board. The board did pass a resolution in
support of ballot issue 1A. He attended the district 11 CML conference in Grand Junction as he
mentioned previously. He gave updates on what other towns are up to.
Mayor Torre said he has RFTA this Thursday.
CONSENT CALENDAR:
Councilor Guth pulled Resolution #124.
Resolution #124, Series of 2024 – Change Order with Cushing Terrell, Additional Design Services for
Lumberyard Affordable Housing Development Project –Rob Schober and Tyler Christoff
Councilor Guth pointed out the amount of the requested change order. None of this is physical work on
site. He wants to make sure everyone is comfortable spending our community’s money this way.
Mr. Schober explained they are getting ahead of construction administration costs. He said he can
provide a detailed breakdown for them.
Councilor Doyle motioned to approve the Consent Calendar; Councilor Hauenstein seconded. Roll call
vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried.
FIRST READING OF ORDINANCES:
Ordinance #18, Series of 2024 –Amendments to the City Tax Code - Pete Strecker
Mr. Strecker introduced the item.
Councilor Hauensteinmotioned to read; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes;
Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried.
City Clerk, Nicole Henning, read the ordinance aloud.
Councilor Hauensteinmotioned to adopt Ordinance #18; Councilor Rose seconded. Roll call vote: Doyle,
yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS:
Resolution #129, Series of 2024- Jen Phelan, Rob Schober
26
4
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 8, 2024
Ms. Phelan introduced the team; Todd Kennedy of CCY, Bo Breck of Ripple Creek Properties, Simon
Elliott of CCY, and Garret Simon of Immersed, who is the development consultant.
Ms. Phelan introduced the project and explained what is needed from Council and confirm some
adaptive reuse direction. Mr. Kennedy will be presenting.
Mr. Kennedy gave updates based on council feedback and explained the diagram and layout of the
building. Mr. Breck also spoke and presented.
Council continued a lengthy discussion.
Ms. Phelan spoke about next steps.
Councilor Guth said awesome work. He is truly excited, although he would rather see something more
contemporary.
Councilor Doyle said he likes the direction this is heading. The architects have done a great job.
Councilor Rose thinks it looks good the way it is designed now.
Mayor Torre also likes the direction it’s going. There is a modern element. There is a corner that is a
large departure from the historic resource, but he will look to hear from the HPC on that as it’s a huge
concern for him.
Councilor Rose asked how many parking spaces would be lost, and Mr. Kennedy said they do not know
yet.
The Grassroots feed cut out at this point in the meeting, so Mayor Torre called for a five-minute break.
Council reconvened and Ms. Ott said they would move to the item regarding the Municipal Court Judge
Selection until the presentation is able to be shown on screen again.
Ms. Ott said Judge Peterson retired at the beginning of the month and Council appointed interim
presiding Judge Gardenswartz. This is one of Council’s direct reports, so she is looking for direction on
selecting a new judge. She is also suggesting an increase in pay.
Councilor Hauensteinasked that a compensation package be included in an RFP. Ms. Ott said the
applicant should provide their pricing for services.
Councilor Guth said he wants to pursue an RFP. He accepts her rate of pay suggestions. Councilor Doyle
supports an RFP and increase in pay. Councilor Rose said same.
Councilor Hauenstein said this is the first time he’s seen an RFP for a City of Aspen employee, but he
supports it. Mayor Torre said he’s fine with the RFP and an increase in compensation. He said he would
like to see all candidates.
Ms. Ott said Council will handle the vetting process in an executive session.
Mr. True said it can be done in an executive session, but this is a little different with a municipal judge.
27
5
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 8, 2024
Councilor Rose motioned to move forward with an RFP and increase in compensation; Mayor Torre
seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion
carried.
The Grassroots feed came back on, and they went back to the Armory item.
Ms. Ott said they will bring this back in a work session.
Councilor Guth motioned to approve Resolution #129; Councilor Rose seconded. Roll call vote: Doyle,
yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried.
Resolution #130, Series of 2024 – Support of County Ballot Question 1A
Councilor Guth said he’s concerned about this initiative. They don’t have any concrete plans to put this
money to use.
Councilor Doyle said he would support 110%.
Councilor Rose said he will be supporting.
Councilor Hauensteinsaid he will support this.
Mayor Torre said he is supportive of this.
Councilor Rose motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, no;
Hauenstein, yes; Rose, yes; Torre, yes. 4-1, motion carried.
Resolution #131, Series of 2024 – Support for County Ballot Question 1C
Mayor Torre said this is support for the airport issue.
Councilor Rose said he will be supporting. It’s the logical choice.
Mayor Torre said a lot of what was said is propaganda. He disagrees to position this as an environmental
gain. He said there has been a lot of misinformation surrounding this. The spirit and intent of this is
violating the Pitkin County home rule charter. He will be opposing this. It shouldn’t have ever gotten to
this point. This was a disappointment. This is about voter’s rights.
Councilor Guth said it’s super awkward and bizarre that this is confirming commissioner’s powers. It’s a
bizarre proxy fight about potential growth in our community. If you take the growth concerns away,
logic should prevail. He is super supportive of 1C.
Councilor Doyle said he’s glad we are not the deciding body because it’s very complex. He doesn’t feel
like he knows everything he should know. He’s not in favor of supporting 1C.
Councilor Hauensteinsaid he doesn’t feel this is a growth generator. He agrees with Councilor Rose that
direct flights save energy. He strongly supports 1C.
Councilor Hauensteinmotined to approve; Councilor Guth seconded. Roll call vote: Doyle, no; Guth, yes;
Hauenstein, yes; Rose, yes; Torre, no. 3-2, motion carried.
Councilor Hauenstein motioned to adjourn; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth,
yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried at 8:40 p.m.
28
6
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 8, 2024
______________________
City Clerk, Nicole Henning
29
MEMORANDUM
TO:Mayor and City Council
FROM:Erin Loughlin Molliconi, PE, Utilities Field Operations Manager
Justin Forman, PE, Utilities Director
THROUGH:Tyler Christoff, Public Works Director
MEMO DATE:October 11, 2024
MEETING DATE:October 22, 2024
RE:Ordinance #19, Series of 2024 – Section 25.12.095 Utilities
Updates – Water Service Line Requirements 1st Reading
_____
REQUEST OF COUNCIL: Staff requests an approval of Ordinance #19, Series 2024,
representing a new section in Title 25– Utilities – of the City of Aspen Municipal Code to
align with required Federal and State Lead and Copper Rule Revisions (LCRR) and Lead
and Copper Rule Improvements (LCRI).
The proposed ordinance with the new Section 25.12.095 for service line requirements is
presented within Exhibit A.
PREVIOUS COUNCIL ACTION: None.
SUMMARY AND BACKGROUND: This memorandum is to inform Council of the Water
Department’s intention to update water service line requirements within Title 25, to align
with the requirements of Federal and State Lead and Copper Rule Revisions (LCRR) and
Lead and Copper Rule Improvements (LCRI).
On December 16, 2021, the Environmental Protection Agency (EPA) finalized the LCRR,
which further strengthens protections against lead in drinking water and which include a
number of new requirements for public water systems, including a system-wide service
line inventory and a service line replacement plan. All public water systems must comply
with the new LCRR starting October 16, 2024, which includes Aspen’s municipal water
system.
Service Line Inventory
The initial inventory must indicate the material types of all service lines in
accordance with the categories defined by the Colorado Department of Public
Health and Environment (CDPHE). The Department’s initial inventory indicates the
following material types across water accounts:
30
2
Material Type Count %of Total Accounts
Lead*0 0.0%
Galvanized Iron/Steel 0 0.0%
Copper 685 16.6%
Plastic 0 0.0%
Non-Lead (Copper or Plastic)3,273 79.4%
Other - Non-Lead 83 2.0%
Unknown**76 1.8%
Galvanized Requiring Replacement*4 0.1%
Total number of service accounts 4,121
* replacement required
** additional investigation required
The water services in the city’s system are in a strong position compared to other
public water systems of similar size and age because of the pace of development
and so only a small portion of services fall into a category requiring replacement.
As shown in the inventory table, 0% of the 4,121 service accounts are lead; 98%
of accounts are non-lead or copper and do not require replacement; 1.8% of
accounts are an unknown material type that requires further investigation to
confirm material type; and only 0.1% of services are of a material type requiring
replacement (galvanized). The service line inventory will be updated annually. This
represents the best information currently known to the water system.
Service Line Replacement Plan
State and Federal rules require public water systems to develop (1) a plan for
determining the type of any services of “unknown” material, as well as (2) a
replacement plan for any service lines determined to be “lead” or “galvanized
requiring replacement” (CDPHE Safe Drinking Water Program Implementation
Policy DW018, 2023).
1) “Unknown” water service verification
To verify “unknown” water services, the City is required to physically
identify service line material. Exploratory excavation, also known as
‘potholing’, is an accepted field verification method to determine water
service material type. Many of the “unknown” material services can be, or
already have been, visually verified where the customer owned service
line enters the building, satisfying half of the State’s verification location
requirements. The Water Department created a capital project (#51795)
for potholing in 2025 to complete visual verification of the water service
material between the water main and the curb valve. Water Department
staff will review site conditions at each proposed potholed water service
when deciding whether to pothole by either the curb valve or the main line.
The material type of “unknown” water services will be updated based upon
the results of visual verification efforts and the Water Department will
communicate any necessary next steps to property owners, in accordance
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3
with State and Federal requirements and as outlined in Aspen code, Title
25.
2) Water service replacement plan
Water service lines are wholly owned by the customer within the city’s
distribution system. Therefore, replacing services determined to be
“galvanized requiring replacement” is the responsibility of the property
owner. The Water Department recognizes that service line replacements
can be costly. Therefore, the department’s intended code update includes
flexibility in the required replacement timeframes to allow property owners
to work in good faith within reasonable right-of-way (ROW) windows and/or
other planning horizons.
DISCUSSION:
Title 25 Updates
The Water Department is proposing a new section to Title 25 of the Municipal Code to
facilitate field verification of “unknown” material services and implementation of a
replacement plan for services determined to be “lead” or “galvanized requiring
replacement”.
Updates to facilitate field verification
This proposed amendment will allow the Water Department to access the property, as
necessary, to identify service lines through pot-holing or other appropriate testing
techniques. The chapter also includes expectations for minimum notice to property
owner(s) by the Water Department or its contractor(s) prior to accessing property to
perform such work and efforts to return property to its prior condition after completing
verification tests.
Updates to facilitate replacement plan
This new chapter includes requirements that align with State and Federal regulations for
when property owners must replace their service line if the Water Department's records
indicate the property is serviced by a lead or galvanized service line. Some of the
replacement requirements include:
Customers must bring the service line up to current water distribution standards if
the service line is found to be non-standard through the course of construction,
development, or other maintenance.
The Water Department may require proof that the lead or galvanized service line
has been replaced before receiving Water Department approval for a proposed
building and/or plumbing permit.
If an applicant cannot provide proof that the lead or galvanized service line has
been replaced, the WaterDepartment will require the property to replace the service
line as conditions of approval for a proposed building and/or plumbing permit.
Replacement timeframes are detailed in this new chapter and allow flexibility for planning
around right-of-way season(s) and provides for extension requests when property owners
32
4
are working in good faith to plan service replacement, as may be granted in accordance
with the Code update.
FINANCIAL IMPACTS: The Water Department does not have a fund dedicated for
service line replacement since service lines are wholly owned by customers from the point
of connection at the corporation stop (valve) at the water main to the residence or
structure. There are not currently state or federal funds available to private customers for
service line replacement. The funding available through water quality grant program with
the Colorado Department of Public Health and Environment (CDPHE) for public water
systems cannot be used for physical replacement of lead service lines or galvanized
requiring replacement service lines. Staff will continue monitoring this and other State
funding programs for additional opportunities and will provide the community with this
information, if available.
The Aspen Pitkin County Housing Authority (APCHA) Essential Repairs Pilot Grant
Program assists qualified Category 1 - 4 APCHA homeowners with home repairs that are
essential to the health, safety, and longevity of the household and unit. In February 2024,
the program expanded to Category 4 homeowners (originally limited to Category 1-3
owners) and to all Category owners for emergency repairs costing over $20,000. The
Water Department is working with APCHA and City staff to develop guidance and
education for eligible homeowners for service line replacement and/or repair through the
Essential Repairs Program. These programmatic enhancements are proposed updates
to the 2025 Essential Repairs Program, which will be reviewed by the APCHA board this
November.
ENVIRONMENTAL IMPACTS: Exposure to lead in drinking water can cause serious
health effects in all age groups. The city’s initial inventory of service lines does not
indicate the presence of any lead lines, and this proposed ordinance will further
enhance the Water Department’s ability to continue meeting and exceeding the
requirements of the State and Federal government. The Water Department has been
monitoring for lead and copper at various sample sites in accordance with the Colorado
Primary Drinking Water Regulations since 1992 and has had no action level results to
date. The CDPHE recently reduced the City’s monitoring schedule, effective November
6, 2023, because of the consistent monitoring results below action levels for lead and
copper analytes.
ALTERNATIVES:Council may request portions of the recommended ordinance be
modified, although modifications do not relieve the Water Department from its obligation
as a public water system to comply with the LCRR and LCRI through the CDPHE.
Modifications to the proposed ordinance which delay implementation could impact the
Water Department’s ability to comply with the requirements of the LCRR and LCRI.
RECOMMENDATIONS: Staff advises Council move to adopt Ordinance #19, Series
2024, which will become effective upon adoption of the ordinance.
CITY MANAGER COMMENTS:
33
5
ATTACHMENTS:
Exhibit A: Draft Ordinance #19, Series of 2024 – Title 25 – Utilities Updates – Water
Service Line Requirements
Exhibit B: Water Service Line Information for Property Owners Flyer
34
ORDINANCE NO. 019
SERIES OF 2024
FOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ADDING SECTION 25.12.095 TO TITLE 25 OF THE APSEN MUNICIPAL
CODE PERTAINING TO LEAD AND GALVANIZED SERVICE LINE REPLACEMENT
WHEREAS, the City of Aspen, acting by and through its Utility Enterprise (“City of
Aspen Water Department”) owns and operates its water system to provide Aspen’s residents
with a safe, reliable, and clean source of water; and
WHEREAS, within the City of Aspen there may be private properties currently serviced
by lead and galvanized service lines owned by the property owner but connected to the Aspen
Utilities system; and
WHEREAS, the exposure to lead in drinking water is a public health issue of paramount
importance and its adverse effects on children and the general population are serious and well
known and lead service lines are the primary source of lead in drinking water; and
WHEREAS, the United States Environmental Protection Agency has promulgated the
Lead and Copper Rule and subsequently finalized the Lead and Copper Rule Revisions
(“LCRR”) to strengthen its protections against lead in drinking water (40 C.F.R. §§ 140 and
141); and
WHEREAS, the LCRR now requires public water systems such as the Aspen Water
Department to identify lead and galvanized service lines and to replace public water system-
owned lead and galvanized service lines with such inventory to be completed no later than
October 16, 2024 (40 C.F.R. § 141.84); and
WHEREAS, the Colorado Department of Public Health and the Environment has updated
the Colorado Primary Drinking Water Regulation to require water systems such as Aspen Water
Department to complete a lead service line inventory and replacement plan no later than October
16, 2024 (5 C.C.R. 1002-11, §11(17)(2)(a)); and
WHEREAS, Aspen Water Department’s primary purpose to provide clean, safe drinking
water to its residents which is an essential public benefit to the City as a whole, and any benefit to
private landowners in accomplishing this purpose is incidental and subordinate to the primary
public and governmental purpose; and
WHEREAS, in furtherance of this essential public purpose to protect Aspen’s residents
from the potential dangers of lead and to comply with both the LCRR and the Colorado Primary
Drinking Water Regulation, Aspen Water Department desires to update its service line
requirements concerning the identification and replacement of lead and galvanized service lines
on private property; and
35
WHEREAS, for the health, safety, and welfare of all residents and visitors, the Aspen
Water Department seeks authority to access private property for the purpose of verifying service
line material, and if necessary, require replacement if necessary.
NOW, THEREFORE, BE IT ORDAINED BY THECITY COUNCILOF THE CITY OF
AURORA, COLORADO:
Section 1.Title 25 of the City of Aspen Municipal Code is hereby amended by adding a
section, to be numbered 25.12.095 which section reads as follows:
(a) Definitions.
Contractor shall mean a qualified, licensed, bonded, and insured vendor that contracts with the City of
Aspen Water Department to replace service lines; or as context requires, a qualified, licensed,
bonded, and insured plumber that contracts with an owner to replace a lead or galvanized service
line.
Galvanized service line shall mean an iron or steel service line that has been dipped in zinc to prevent
corrosion and rusting.
Lead service line shall mean a service line known to consist of lead or any portion of lead.
Lead status unknown means a service line consisting of at least a portion of unknown material that
may contain lead or galvanized materials.
Service line shall mean the water line that connects to the dwelling, structure or building that is
connected to the main City of Aspen water line. The service line is wholly owned by the property
owner and ownership begins at the point of connection at the corporation valve on the main line.
(b)Prohibition. Lead and galvanized service lines serving any property in the City of Aspen are prohibited
and any existing lead or galvanized service line must be replaced in accordance with this section.
(c)Exclusion. A property owner may be excluded from the mandatory replacement of any lead or
galvanized service line by providing the City of Aspen Water Department with written proof from a
contractor that a lead or galvanized service line does not serve the property and/or that any lead or
galvanized service line was previously removed and replaced. City of Aspen Water Department shall
retain the ability to access the property as set forth in subsection (d) of this section to verify that no
lead or galvanized service line serves the property.
(d)Service line material verification.
1) City of Aspen Water Department is authorized to access property in such areas as it
deems necessary and appropriate to identify lead and/or galvanized service lines through
pot-holing or other appropriate testing techniques. City of Aspen Water Department (or
its contractor) must provide notice to owners and occupants no less than 72 hours before
accessing property to perform such tests. City of Aspen Water Department (and its
contractors) must utilize commercially reasonable efforts to return the property to its
prior condition after completing such tests. City of Aspen Water Department will notify
owners of the status of the service line after completion of such tests.
36
(e)Service line replacement requirements. In all cases where the owner of any property connected to the
City of Aspen’s water system through a lead or galvanized service line, as may be identified by the City
of Aspen’s records, service line testing, discovered through the course of construction, development,
maintenance, or other reliable method, must replace such lead or galvanized service line up to the
minimum Water Distribution standards in effect at the time of discovery. The lead or galvanized
service line must be replaced by the close of the second right of way season following passage of this
Ordinance or upon issuance of notice from the Water Department of the existence of a lead or
galvanized service line, whichever occurs later. Lead and galvanized service lines must be replaced in
accordance with all applicable state laws and city rules and regulations.
1)Extension:An extension may be granted for compliance with subsection (d) of this section
only when the owner can demonstrate to the Water Superintendent’s satisfaction that
the owner has made a good faith effort to comply with subsection (d) of this section.
2)Proof of Compliance. To comply with this subsection (e) an owner must provide the City
of Aspen Water Department with written proof that the lead or galvanized service line
has been replaced. Proof must include at a minimum: (a) a permit issued by the City of
Aspen to a licensed contractor authorized to do the work; (b) documentation that the
work was completed; and (c) a City of Aspen inspection report verifying removal of the
lead or galvanized service line. Failure to provide proof of service line replacement in
accordance with subsection (e) of this section shall constitute a violation of this Municipal
Code.
(f)Authorization to access property.If an owner denies access to the property to enable the verification
existence of a lead or galvanized service line, then the following procedures shall be followed.
1) City of Aspen Water Department shall secure entrance to the property from the owner or
current occupant of the dwelling, building or structure, and City of Aspen Water
Department shall incur no liability from the owner. City of Aspen Water Department (or its
contractor) will provide the owner or current occupant with a consent form prior to entry.
The consent form will provide City of Aspen Water Department (or its contractor) with
access to the property to verify any lead or galvanized service line.
2) If access is provided by an occupant of the dwelling, then the occupant shall be held
harmless and no liability shall incur to City of Aspen Water Department or occupant due to
the inspection of the lead or galvanized service line; and
3) If access is denied by the current occupant or owner, City of Aspen Water Department may
commence procedures, including filing a court action in a court of competent jurisdiction,
to conduct inspection of any lead or galvanized service line. Each day access is denied shall
constitute a violation of Municipal Code.
(g)Proof of lead or galvanized service line replacement required for permit applications.Upon
application for any development, plumbing, or building permit, if the City of Aspen Water
Department's records indicate any property is serviced by a lead or galvanized service line, the
Aspen Water Department may require proof that the lead or galvanized service line has been
replaced as part of the application. If applicant cannot provide proof that the lead or galvanized
service line has been replaced, the Aspen Water Department will require the property to replace
the service line as conditions of approval for said permit. Water Distribution Superintendent shall:
(1) acknowledge and accept the proof of lead or galvanized service line replacement meeting the
requirements of subsection (e); or (2) indicate Water Department requirement for replacing the
service line as a condition of approval for the requested permit.
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(h)Proof of lead status unknown service line.
1) If City of Aspen Water Department's records indicate any property is serviced by a service
line for which the lead status is unknown, City of Aspen Water Department may require
proof that said service line is not a lead or galvanized service line through one of the
following means;
a. Written records or results from pot-holing or other appropriate testing
techniques performed by a qualified contractor acceptable to the Water
Superintendent;
b. Photograph or other documentation of the service line in enough detail to
confirm the location the status was verified acceptable to the Water
Superintendent;
c. Records of water service tap including the date of service tap, material type of
service, and size of the service acceptable to the Water Superintendent;
d. Confirmation of material type through site visit with representative with the
Water Department and required authorization form.
(i)Penalty.A person violating the provisions of this section shall be subject to prosecution in
Municipal Court and upon conviction may be subject to a fine as set forth in Section 1.04.080 of
this Code. Each day that a violation occurs or continues shall constitute a separate offense and
nothing herein shall preclude the City from instituting such necessary proceeding to enjoin, abate
or correct any violation.
(j)City Replacement of Lead or Galvanized Service Lines. If after notice to the owner by the Water
Department to replace an identified lead or galvanized service line in accordance with
subsection (e), such repair is not made, the Water Department may have the service lines
replaced. Any costs incurred by the water Department in so doing shall become a lien upon the
premises and be satisfied against the same.
Section 2:
Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
22nd day of October 2024.
38
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this _____day of November, 2024.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
APPROVED AS TO FORM:
_____________________________
James R. True, City Attorney
39
The City of Aspen’s municipal code requires that property owners maintain their services lines and repair them
within 48-hours if they are not functioning properly and experiencing performance issues such as leaks.
For more information please contact the Water Department at 970-920-5110 or see the
Water Distribution Standards section 5.6 of 25.12.130 of City of Aspen Municipal Code.
WATER SERVICE LINE
INFORMATION FOR PROPERTY OWNERS
The City of Aspen has more than 85 miles of water main lines throughout its service area. We take a lot
of pride in delivering you safe and reliable drinking water 24/7 through our system of underground pipes.
While we work around the clock to ensure our water is safe and our delivery system is secure, functioning,
and maintained, the last several feet of water lines running to your home or business, is the property owner’s
responsibility to maintain and replace if necessary.
Service line – The entire section of smaller pipe
that runs underground from the City owned main
line (larger pipe) into a property owner’s home or
business and connects directly to their plumbing
system. This includes the corporation valve, curb
stop, and water meter. See graphic below.
PROPERTY OWNERSHIPCITY OWNERSHIP
Water main – All underground infrastructure and
pipes that stretch from City of Aspen’s water
treatment plant until the connection (corporation
stop) with a property owner’s water service line.
City Owned Water Main
Property Owned Service Line
KEY
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Page 1 of 2
MEMORANDUM
TO:Mayor and City Council
FROM:Pete Strecker, Finance Director
THRU:Sara Ott, City Manager
MEETING DATE:October 8, 2024
RE:Ordinance #18 Amending the City’s Tax Code
REQUEST OF COUNCIL: Staff is requesting Council approval of Ordinance #18, Series
2024 to adjust the City’s municipal tax code to align with requirements for migrating City sales
tax collection services to the State of Colorado.
SUMMARY AND BACKGROUND: The City adopted its first local sales tax in 1970 and since
that time, it has been a self-collecting tax municipality under its home rule authority. With this,
the City has been responsible for adopting its own definitions around taxable sales and has had
full authority to audit businesses for tax compliance.
DISCUSSION: On June 25, 2024, staff brought forward a discussion to Council regarding the
possible outsourcing of City sales tax collections with the State of Colorado. During that
discussion, staff noted many compelling reasons to consider outsourcing collection services to
the State including the possibility for higher tax receipts, lessening of existing staff demands
while also avoiding a costly six figure software upgrade, and obtaining collection services at no
additional cost to the City.
In addition, it was presented during this work session that the State has been actively
working to standardize tax collection across Colorado following the Supreme Court’s 2018
decision in the S. Dakota vs. Wayfair case, which redefined nexus rules around taxable sales.
Actions at the State level were noted as being increasingly less subtle and pushing into traditional
home rule decisions regarding tax policy or collections.
RECOMMENDATION: Based on the discussion during the June work session, staff
has prepared Ordinance 18 to align the City’s tax code to allow for a transition to State collection
services for the City’s sales tax beginning January 1, 2025. This ordinance migrates definitions
for taxable sales to mirror those in State statutes and further denotes that remaining definitions
and tax enforcement procedures in the municipal code only apply to other City taxes that Aspen
will continue to self-collect (the State can only assist with sales tax collections at this time).
In addition to the above changes, Ordinance #18 also increases the food tax refund
program for the upcoming 2025 budget cycle, to denote a $132 refund per qualifying applicant,
and addresses an oversight item to insert language to the municipal code to reflect the City’s
tobacco tax that voters approved in 2018.
FINANCIAL IMPACT: It is not possible to quantify how this change will impact collections
for Aspen; however, other communities that have recently made this change have all expressed
increased revenues as a result. As the local Aspen economy is today with roughly 50% of all
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Page 2 of 2
taxable sales are lodging and restaurants/bars, the recommendation will not alter these receipts
within the local economy. However, where the City may experience meaningful increased
collections is in the miscellaneous category, which currently is the fourth largest sector and
includes many large online retailers. The potential transition to the State collection process is
anticipated to improve compliance in these retailers and an increase in tax collections will likely
occur.
ALTERNATIVES: Council can elect to not move City sales tax collections to the State. If this
is decided, the City may lose out on additional tax receipts anticipated through greater tax
compliance at the State level. Additionally, there may be other financial impacts around staffing
and software needs that would likely have to be addressed vs. moving to the State collection
process and getting collection services at no additional cost to Aspen.
PROPOSED MOTION: “I propose to adopt Ordinance #18, Series 2024 at first reading.”
CITY MANAGER COMMENTS:
ATTACHMENTS:
42
ORDINANCE #18
SERIES OF 2024
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER
23, OF THE CITY OF ASPEN MUNICIPAL CODE TO PROVIDE FOR THE
COLORADO DEPARTMENT OF REVENUE TO COLLECT CITY SALES TAX;
REMOVE VENDOR’S FEES; AND TO UPDATE THE MUNICIPAL CODE
CONCERNING TAXES THAT WILL CONTINUE TO BE COLLECTED,
ADMINISTERED, AND ENFORCED BY THE CITY.
WHEREAS, The City of Aspen, as a home rule municipality, collects its own sales and
use taxes pursuant to Chapter 23 of the City of Aspen Municipal Code, and in particular, Chapter
23.32 of the Municipal Code; and
WHEREAS, C.R.S. § 29-2-106(4)(a)(I) requires the Colorado Department of
Revenue to collect the sales tax of any home rule municipality upon request of the
governing body, pursuant to certain conditions, including that the City’s tax ordinance
conform to state requirements; and
WHEREAS, pursuant to the above referenced statute, the City can provide that its
sales tax be collected by the Colorado Department of Revenue on standard forms at the same
time the Department of Revenue collects state sales tax on sales made in Aspen; and
WHEREAS, Aspen may continue to decide its own tax base, provided it cannot
exempt from sales tax any items that the State of Colorado has not exempted, but may
exempt fewer items than the State of Colorado exempts, pursuant to C.R.S. §29-2-
106(4)(a)(1) and §29-2-105(1)(d)(I)); and
WHEREAS, pursuant to the above noted statutes, to enable state collection of City
of Aspen sales tax, the City must make certain changes to its Municipal Code to conform to
the requirements set out in C.R.S. §29-2-105, which changes are reflected in this ordinance;
and
43
WHEREAS, the dual system of separate collection of state and local sales taxes is
generally regarded by local and multi-jurisdictional businesses as complex and burdensome,
and may be simplified by collection of both state and local sales taxes by the Colorado
Department of Revenue on one return; and
WHEREAS, the City otherwise desires to streamline the sales tax collection process
through unifying the City's sales tax return with the state sales tax return, thereby simplifying
the process for vendors and reducing collection costs for the City; and
WHEREAS, the adoption of this ordinance will not create any new tax or tax policy
change directly causing a net tax revenue gain to the City, and therefore no election is
required pursuant to Art. X, Sec. 20 (4)(a) of the Colorado Constitution, see TABOR
Foundation v. Regional Transportation District, 416 P.3d 101 (Colo. 2018); and
WHEREAS, the City also desires to update Chapter 23 of the Municipal Code to
reflect local cigarette tax collection and add Chapter 23.56 in accordance with previous
voter approval obtained through the November 2017 ballot issue 2B and by approval of
Resolution No. 122, Series of 2017,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, that:
Section 1:Chapter 23.32 – Sales Tax of the Municipal Code is hereby repealed and
replaced, to read in its entirety as set forth on the attached Exhibit A, which is incorporated
by reference as though fully set forth herein.
Section 2: Chapter 23.56 – Tobacco and Nicotine Product Tax of the Municipal Code is
hereby added to the Municipal Code to read in its entirety as set forth on the attached
Exhibit B, which is incorporated by reference as though fully set forth herein.
44
Section 3:Chapter 23.58 – Food Tax Refunds of the Municipal Code is hereby added
to the Municipal Code to read in its entirety as set forth on the attached Exhibit C, which
is incorporated by reference as though fully set forth herein.
Section 4:Section 23.04.010 – General Provisions, Words and Phrases Defined of the
Municipal Code is hereby repealed and replaced, to read in its entirety as set forth on the
attached Exhibit D, which is incorporated by reference as though fully set forth herein.
Section 5:The following additions shall be incorporated into the Municipal Code:
Section 23.04.050. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 23.08.060. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 23.12.050. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 23.16.050. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 23.20.080. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 23.24.040. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 23.28.100. This chapter shall not apply to Section 23.32 – Sales Tax.
Section 6:The following section for the Municipal Code shall be amended as
follows: Section 23.04.030(b)(1) shall be repealed in its current state and Section
23.04.030(b)(2) shall be renumbered as 23.04.030(b)(1).
Section 7: After adoption by the City Council, the City Clerk shall provide a copy of
this Ordinance to the executive director of the Colorado Department of Revenue at least 45
days prior to the commencement of state collection of City sales taxes. If any portion of
this ordinance is declared to be void or ineffective by a court of competent jurisdiction, it
shall be deemed servered from this ordinance, and the remaining portions shall remain
valid and in full force and effect. The City’s officials are authorized and directed to take
all action necessary and appropriate to effectuate the provisions of this ordinance. All
references to Colorado law are to the versions of those laws in effect at the time of this
ordinance was adopted as well as any subsequent amendments thereto.
45
Section 8:The Municipal Code amendments set forth in this Ordinance shall apply to
allsales transactions occurring on or after January 1, 2025.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
8th day of October 2024.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this __ day of ___________ 2024.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
APPROVED AS TO FORM:
_____________________________
James R. True, City Attorney
46
EXHIBIT A
Sec 23.32 - Sales Tax
Sec. 23.32.010. Purpose.
The purpose of this Article is to impose a tax on:
(1)The sale of tangible personal property at retail in the City; and
(2)The furnishing of services in the City.
Sec. 23.32.020. Definitions.
All terms used in Chapter 23 shall have the same meaning as provided for in Section 39-
26-102, C.R.S.
Sec. 23.32.030. Marketplace sales.
Application of State Sales Tax. Unless otherwise provided in this sales tax code, any
amendments thereto, or in Article 2, Title 29, C.R.S., the provisions of Article 26, Title 39,
C.R.S., shall govern the collection, administration, and enforcement of this sales tax.
Sec. 23.32.040. Rate; imposition and collection; distribution.
(a)Imposition of Sales Tax. Sales tax shall continue to be imposed and collected on all
sales of tangible personal property and services described in Section 23.32.040(b) and
occurring within the City of Aspen. The tax is imposed as provided for in Section 29-
2-105(1)(d), C.R.S. The sales tax is set at a rate of two and four tenths of a percent
(2.4%) of the amount of each sale. The taxable amount of a sale shall not include the
amount of any sales or use tax imposed by Article 26, Title 39, C.R.S. All revenue
derived through the general sales tax shall continue to be distributed in accordance
with the following:
(1)Sales tax receipts derived on or after July 1, 1990, from the one percent (1.0%)
tax levied pursuant to Ordinance No. 16, Series of 1970, shall be set aside in a
separate fund entitled "Parks and Open Space Fund," and expended by the City
Council solely for the acquisition of parks, trails and open space real property, for
the construction of improvements on any real property, owned or purchased by
the City for parks, trails and open space purposes, for maintenance of real
property owned by the City and used for parks, trails and open space and for
47
EXHIBIT A
payment of indebtedness incurred for acquisition or improvement of parks, trails
and open space real property, food tax refunds payable by the City and for such
expenditures as may be necessary to protect real property or the improvements
thereon owned by the City for parks, trails and open space purposes, and for the
payment of sales tax revenue bonds issued by the City; and
(2)Sales tax receipts derived from the fifteen-one hundredths of one percent (0.15%)
additional sales tax levied pursuant to the ballot question approved by City
Council in Ordinance 55, Series 2007, shall be set aside in a separate fund
designated as the "City Transportation Fund," and shall be expended by the City
Council solely for the payment of services, facilities and programs with regard to
the City transportation system.
(3)Sales tax receipts derived from the forty-five one hundredths of one percent
(0.45%) additional sales tax levied pursuant to Ordinance No. 81, Series of 1989,
shall be set aside in a separate fund designated as the "Affordable Housing Fund
and the Day Care Fund". The City Council will allocate the forty-five one
hundredths of one percent (0.45%) sales tax between the funds as it shall from
time to time designate. The sales tax from the forty-five one hundredths of one
percent (0.45%) sales tax shall be expended by the City Council for the purpose
of creating public or private affordable housing and day care opportunities within
the city and county, including but not by way of limitation, capital improvements
and capital expenditures therefor, land acquisition, payment of indebtedness
incurred in connection with any affordable housing or day care expenditures,
reserves and for expenditures necessary to protect any such property acquired or
capital improvements constructed or purchased from any and all threatened or
actual damages, loss, destruction or impairment from any such cause or
occurrences.
(4)All sales taxes collected by and paid by the County to the City in accordance with
Ordinance No. 25, Series of 1985, shall be spent solely for those purposes set
forth at Section 1 of said Ordinance.
(5)Sales tax receipts derived from the one-half percent (0.5%) sales tax levied
pursuant to Ordinance No. 7, Series of 2001, shall be set aside in the separate
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EXHIBIT A
fund referenced in Paragraph 23.32.040(a)(1) and expended by the City Council
solely for the purpose of buying, improving and maintaining trail, recreation and
open space properties and ancillary facilities.
(6)Sales tax receipts derived from the thirty hundredths of one percent (0.30%)
additional sales tax levied pursuant to the ballot question approved by City
Council in Resolution 84, Series 2012 and approved by the City of Aspen
qualified electors on November 6th , 2012, shall be set aside in a separate fund
designated and the "Education Fund" and shall be expended by the City Council
solely for educational purposes providing support to the Aspen School District
No. 1 (RE).
(7)The taxes imposed in this Title shall be in addition to all other taxes imposed by
law.
(b)Property and Services Taxed. The sales of tangible personal property and services
taxable under this sales tax shall be the same as the sales of tangible personal
property and services taxable pursuant to Section 39-26-104, C.R.S., subject to the
exemptions set forth below in Section 23.32.050 of thisCode.
(c)Place of Sale. For the purpose of this sales tax, all retail sales are sourced as specified
in Section 39-26-104(3), C.R.S.
(d)Mobile Telecommunications Services. Without limiting the broad application of
Section 23.32.040(b) and recognizing that mobile telecommunications services are
subject to particular legal requirements, this sales tax shall apply to mobile
telecommunications services to the greatest extent permitted under Section 29-2-
105(1.5), C.R.S.
Sec. 23.32.050. Exemptions from sales tax.
(a)General Sales Tax Exemptions. Except as otherwise provided herein or in Section 29-2-
105(1)(d), C.R.S., the sales of tangible personal property and services taxable under this
ordinance shall be subject to the same exemptions as those specified in Part 7, Article 26,
Title 39, C.R.S.
(b)Specific Exemptions Required by Section 29-2-105(1)(d), C.R.S. Pursuant to Section
29-2-105(1)(d)(I)(A)-(R), C.R.S., which requires the City of Aspen to expressly exempt
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EXHIBIT A
certain sales from the City’s sales tax, the City of Aspen does not currently elect to adopt
any additional exemptions.
(c)Food. Notwithstanding any other provision of this sales tax regarding the taxation of food,
this sales tax shall not apply to the following:
(1)Sales of food purchased with food stamps. For the purposes of this subsection (a),
“food” has the same meaning as provided in 7 U.S.C. § 2012, as currently in effect and
subsequently amended; and
(2)Sales of food purchased with funds provided by the special supplemental food program
for women, infants, and children, 42 U.S.C. § 1786. For the purposes of this subsection
(b), “food” has the same meaning as provided in 42 U.S.C. § 1786, as currently in
effect and subsequentlyamended.
(d)Certain Construction and Building Materials. This sales tax shall not apply to the sale of
“construction and building materials,” as the term is used in Section 29-2-109, C.R.S., if
the purchaser of such materials presents to the retailer a building permit or other
documentation acceptable to the City of Aspen evidencing that a local use tax has been
paid or is required to be paid on thematerials.
(e)Cigarettes. This sales tax shall not apply to sales of cigarettes.
(f)Sales Subject to Prior Ownership Tax. Sales of personal property on which a specific
ownership tax has been paid or is payable are exempt from this sales tax when the sale
meets both of the following conditions: (i) the purchaser is a nonresident of the City of
Aspen or has his principal place of business outside the City of Aspen and (ii) the
personal property sold is registered or required to be registered outside the City of
Aspen’s limits under the law of the State ofColorado.
(g)Sales Subject to Prior Payment of Sales or Use Tax. This sales tax shall not apply to the
sale of tangible personal property or services if the transaction was previously subjected
to a sales or use tax lawfully imposed on the purchaser or user by another statutory or
home rule city and county, city, or City equal to or in excess of that sought to be imposed
by this sales tax. A credit shall be granted against this sales tax with respect to such
transaction equal in amount to the lawfully imposed local sales or use tax previously paid
by the purchaser or user to the previous statutory or home rule city and county, city, or
City. The amount of the credit shall not exceed the sales tax imposed herein.
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EXHIBIT A
Sec. 23.32.060. Collection, Administration, and Enforcement.
Colorado Department of Revenue to Enforce. The collection, administration, and
enforcement of this sales tax shall be performed by the executive director of the Colorado
Department of Revenue in the same manner as the collection, administration, and
enforcement of the Colorado state sales tax, as supplemented by Article 2, Title 29,
C.R.S.
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EXHIBIT B – Chapter 23.56
Page 1 of 3
Sec 23.56 – TOBACCO AND NICOTINE PRODUCT TAX
Sec. 23.56.010. - Legislative intent.
The City Council hereby finds that tobacco and nicotine addiction is a leading cause of
preventable death, that people should be deterred from starting the use of tobacco and nicotine
products and encouraged to quit the use of tobacco and nicotine products, and that taxes on the
sale of tobacco and nicotine products are effective at preventing and reducing tobacco and
nicotine use.
Sec. 23.56.020. - Definitions.
Unless the context clearly indicates otherwise, the following words and phrases as used in this
Chapter shall have the following meaning:
Cigarette means any product that contains tobacco or nicotine, that is intended to be burned or
heated under ordinary conditions of use, and consists of or contains:
(a) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(b) Tobacco in any form that is functional in the product, which, because of its appearance,
the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered
to, or purchased by consumers as a cigarette; or
(c) Any roll of tobacco wrapped in any substance containing tobacco that, because of its
appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely
to be offered to, or purchased by, consumers as a cigarette described in [the definition]
above.
(d) The term includes all "roll-your-own," i.e., any tobacco that, because of its appearance,
type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by
consumers as tobacco for making cigarettes.
Tobacco Paraphernalia means any item designed for the consumption, use or preparation of
Tobacco Products.
Tobacco Product means 1) any product which contains, is made or derived from tobacco or used
to deliver nicotine or other substances intended for human consumption, whether heated,
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EXHIBIT B – Chapter 23.56
Page 2 of 3
chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including,
but not limited to Cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis,
snus, mints, hand gels; and 2) electronic smoking device; 3) notwithstanding any provision of
Subsections 1) and 2) to the contrary, "tobacco product" includes any component, part, accessory
or associated tobacco paraphernalia of a tobacco product whether or not sold separately. 4) The
term "Tobacco Product" does not include: (i) any product that contains marijuana; and (ii) any
product made from or derived from tobacco and approved by the Food and Drug Administration
(FDA) for use in connection with cessation of smoking.
Tobacco Product Retail Location or Retail Location means any premises where Tobacco
Products are sold or distributed to a consumer including, but not limited to, hookah bar, lounge
or café, any grounds occupied by a retailer, any store, stand, outlet, vehicle, cart, location,
vending machine or structure where Tobacco Products are sold.
Tobacco Product Retailer means any Person who sells, offers for sale, or does or offers to
exchange for any form of consideration, Tobacco or Nicotine Products, or Tobacco
Paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This definition is
without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for
sale, exchanged, or offered for exchange.
Tobacco Product Retailing means the selling, offering for sale, or exchanging for any form of
consideration a Tobacco Product.
Sec. 23.56.030. - Imposition and collection; distribution; effective date.
(a) There shall be a tax of fifteen cents ($0.15) per cigarette or three dollars ($3.00) per pack
of twenty (20) cigarettes sold provided that such tax shall increase by an equal amount
annually thereafter for ten years until the tax is twenty cents ($0.20) per cigarette or four
dollars ($4.00) per pack of twenty (20) cigarettes
(b) There shall be a sales tax of forty percent (40%) on the sales price of all other tobacco
products
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EXHIBIT B – Chapter 23.56
Page 3 of 3
(c) Imposition and Collection. The tax specified in this Section is imposed upon any Tobacco
Product or Cigarette Sale. Revenues collected through this tax would be placed in the
General Fund with the specific purpose of financing health and human services, tobacco
related health issues, and addiction and substance abuse education and mitigation.
(d) Effective Date. The provisions of this Chapter shall be effective upon the first 1st day of
January 2018 and shall continue to be levied and collected until amended or repealed by
ordinance.
(e) The tax imposed in this Chapter shall be in addition to all other taxes imposed by law.
Sec. 23.54.040. - Administration.
The administration of this Chapter is hereby vested in the Finance Department. The Finance
Director shall prescribe forms and administrative procedures for the ascertainment, assessment,
and collection of the tax not inconsistent with this Chapter, and for the enforcement of this
Chapter.
Sec. 23.54.050. - Violations and penalty.
Failure to comply with the terms of this Chapter by payment of taxes, filing of a return and
otherwise complying with the terms of this Chapter shall constitute an offense in violation
thereat: punishable, upon conviction, by a fine, imprisonment or both a fine and imprisonment,
as set forth in Section 1.04.080 of this Code.
Sec. 23.54.060. - Civil action for recovery of tax due.
The City shall have the right to recover all sums due under the terms of this Chapter by judgment
and execution thereon in a civil action in any court of competent jurisdiction. Such remedies
shall be cumulative with all other remedies provided herein for the enforcement of this Chapter.
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EXHIBIT C – Chapter 23.58
Page 1 of 1
Sec. 23.58. FOOD TAX REFUNDS
Sec. 23.58.010. Food sales tax returns.
(a) For purposes of this Chapter, and the refund of food sales tax collected, the term resident of
the City shall mean any person who is over the age of sixteen (16) years and who has
resided in the City for the entire calendar year for which a food sales tax refund is sought.
(b) Any resident of the City, as herein defined, may, not later than April 15th of every year and
so long as this Code shall be in force, apply, on such forms as provided by the Director of
Finance, for an annual food sales tax refund from the City in the amount of one hundred
thirty-two dollars ($132.00) for their self and, in addition, for every person who is a member
of their household and for whom he or she is entitled to claim a personal exemption under
and pursuant to the federal income tax laws.
(c) No person who may be claimed as a personal exemption on another resident's application
for refund shall be entitled to a food tax refund. If a food tax refund is claimed on more than
one (1) application for the same person, the Director of Finance is authorized to determine
the person entitled to claim the refund provided for in this Section.
(d) The application for refund shall be reviewed or examined by the Director of Finance. All
applicants may prove their resident status by evidence that they were registered voters of the
City for the full calendar year for which the refund applies. Any resident who is barred from
registering to vote due to non-citizenship or due to a felony conviction shall provide
alternative proof of residency, as may be required by the Finance Director for the full
calendar year. If the Finance Director is satisfied that the information provided on the
refund application entitles the applicant to a food tax refund, either in the amount claimed or
in any amount determined by the Director of Finance, the refund shall be paid. Otherwise,
the application for refund shall be denied and a notice of denial sent to the applicant at the
address furnished by the applicant.
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EXHIBIT D – Section 23.04.010
Chapter 23.04. GENERAL PROVISIONS
Sec. 23.04.010. Words and phrases defined.
When not clearly indicated otherwise by the context, the following words and phrases as used in
this Title, shall have the following meanings:
Business means all activities engaged in or caused to be engaged in with the object of gain,
benefit or advantage, direct or indirect. It shall include any business, trade, occupation,
profession or calling of any kind and all other kinds of activities and matters, together with all
devices, machines, vehicles and appurtenances used therein, any of which are conducted for
private profit or benefit, either directly or indirectly, within the City.
Business License means an Aspen City business license required pursuant to Section 14.08 and
shall also be considered a combined sales tax license for businesses remitting Visitor Benefit and
Short-Term Rental tax.
Carrier Access services means the services furnished by a local exchange company to its
customers who provide telecommunications services, which allow them to provide such
telecommunications services.
Charitable organization means any entity which:
(a) Has obtained tax exempt status as a charitable not-for-profit organization pursuant to
Section 501(c)(3) of the Internal Revenue Code; and
(b) Is a religious organization or an organization which exclusively, and in a manner
consistent with existing laws and for the benefit of an indefinite number of persons,
freely and voluntarily ministers to the physical, mental or spiritual needs of persons
and which thereby lessens the burdens of government.
City means the municipality of Aspen.
Code means the Aspen Municipal Code.
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EXHIBIT D – Section 23.04.010
Community Organization means a nonprofit entity organized and operated exclusively for the
promotion of social welfare, primarily engaged in promoting the common good and general
welfare of the community, so long as:
(a) No part of the net earnings of which inures to the benefit of any private shareholder or
individual;
(b) No substantial part of the activities of which is carrying on propaganda, or otherwise
attempting to influence legislation; and
(c) Which does not participate in, or intervene in (including the publishing or distributing
of statements), any political campaign on behalf of any candidate for public office.
Construction equipment means any equipment including mobile machinery and mobile
equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make
improvements to any real property, building, structure or infrastructure.
Construction materials means tangible personal property which, when combined with other
tangible personal property, loses its identity to become an integral and inseparable part of a
completed structure or project including public and private improvements. This term includes,
but is not limited to such things as: asphalt, bricks, builders' hardware, caulking material, cement,
concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and
cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam,
millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures,
putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal site lighting,
steel, stone stucco, tile, trees, shrubs and other landscaping materials, wallboard, wall coping,
wallpaper, weather stripping, wire netting and screen, water mains and meters and wood
preserver. The above materials, when used for forms, or other items which do not remain as an
integral or inseparable part of a completed structure or project, are not construction materials.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or
improve any building, dwelling, structure, infrastructure, or other improvement to real property
for another party pursuant to an agreement. For purposes of this definition, Contractor also
includes subcontractor.
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EXHIBIT D – Section 23.04.010
Dwelling Unit means a building or any portion of a building designed for occupancy as
complete, independent living quarters for one (1) or more persons, having direct access from the
outside of the building or through a common hall and having living, sleeping, kitchen and
sanitary facilities for the exclusive use of the occupants.
Engaged in business in the City means performing or providing services or selling, leasing,
renting, delivering or installing tangible personal property, products, or services for storage, use
or consumption, within the City. This term includes, but is not limited to, any one of the
following activities by a person: (a) Directly, indirectly, or by a subsidiary maintains a building,
store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; (b)
Sends one (1) or more employees, agents or commissioned sales persons into the taxing
jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its
products, or for demonstration or other reasons; (c) Maintains one (1) or more employees, agents
or commissioned sales persons on duty at a location within the taxing jurisdiction; (d) Owns,
leases, rents or otherwise exercises control over real or personal property within the taxing
jurisdiction; (e) is a retailer or vendor in the state of Colorado that makes more than one (1)
delivery into the taxing jurisdiction within a twelve (12) month period; or (f) makes retail sales
sufficient to meet the definitional requirements of economic nexus as set forth in 23.04.010.
Finance Director means the Finance Director of the City or such other person designated by the
City. The term shall also include such person's designee.
Gross Sales means the total amount received in money, credit, property or other consideration
valued in money for all sales, leases or rentals of tangible personal property or services.
Lodging Services means the furnishing of rooms or accommodations by any person, partnership,
association, corporation, estate or any other combination of individuals by whatever name known
to a person who, for a consideration, uses, possesses or has the right to use or possess any room
in a hotel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guest
house, guest ranch, trailer coach, mobile home, auto camp, trailer court and park or similar
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EXHIBIT D – Section 23.04.010
establishment, for a period of less than thirty (30) days under any concession, permit, right of
access, license to use or other agreement or otherwise.
Manufacturing means the operation or performance of an integrated series of operations which
places a product, article, substance, commodity, or other tangible personal property in a form,
composition or character different from that in which it was acquired whether for sale or for use
by a manufacturer. The change in form, composition or character must result in a different
product having a distinctive name, character or use from the raw or prepared materials.
Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth,
an internet website, a catalog, or a dedicated sales software application, where tangible personal
property, taxable products, or taxable services are offered for sale.
Marketplace Facilitator means a person who:
(a) (1) Contracts with a marketplace seller or multichannel seller to facilitate for
consideration, regardless of whether or not the consideration is deducted as fees from
the transaction, the sale of the marketplace seller's tangible personal property, products,
or services through the person's marketplace;
(2) Engages directly or indirectly, through one or more affiliated persons, in
transmitting or otherwise communicating the offer or acceptance between a
purchaser and the marketplace seller or multichannel seller; and
(3) Either directly or indirectly, through agreements or arrangements with third
parties, collects payment from the purchaser on behalf of the seller.
(b) "Marketplace Facilitator" does not include:
(1) A marketplace facilitator, marketplace seller or multichannel seller that offers or
facilitates the advertising, booking, or collection of sales and fees for short-term
rentals subject to the permit requirements of Chapter 26.530 of the City of Aspen
Municipal Code;
(2) A person that exclusively provides internet advertising services or lists products
for sale, and that does not otherwise meet this definition.
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EXHIBIT D – Section 23.04.010
Marketplace Seller means a person, regardless of whether or not the person is engaged in
business in the city, which has an agreement with a marketplace facilitator and offers for sale
tangible personal property, products, or services through a marketplace owned, operated, or
controlled by a marketplace facilitator.
Multichannel seller means a retailer that offers for sale tangible personal property, commodities,
or services through a marketplace owned, operated, or controlled by a marketplace facilitator,
and through other means.
Municipality.Any municipal corporation or similar form of local government including any city,
town or city and county, whether organized pursuant to charter, constitution or statute, in
Colorado or another state, except counties, school districts or special districts and the city.
Person.Any individual, firm, partnership, joint venture, corporation, estate or trust, receiver,
trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether
appointed by court or otherwise, or any group or combination acting as a unit.
Price or purchase price.
(a) The price to the consumer, exclusive of any direct tax imposed by the federal
government or by this Chapter and, in the case of all retail sales involving the
exchange of property, also exclusive of the fair market value of the property exchanged
at the same time and place of the exchange, if:
(1) Such exchanged property is to be sold thereafter in the usual course of the
retailer's business; or
(2) Such exchanged property is a vehicle and is exchanged for another vehicle and
both vehicles are subject to licensing, registration or certification under the laws
of this State, including but not limited to vehicles operating upon public
highways, off-highway recreation vehicles, watercraft and aircraft. Any money or
other consideration paid over and above the value of the exchanged property is
subject to tax.
(b) The terms price or purchase price include:
(1) The amount of money received or due in cash and credits.
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EXHIBIT D – Section 23.04.010
(2) Property at fair market value taken in exchange but not for resale in the usual
course of the retailer's business.
(3) Any consideration valued in money, such as trading stamps or coupons whereby
the manufacturer or someone else reimburses the retailer for part of the purchase
price and other media of exchange.
(4) The total price charged on credit sales, including finance charges which are not
separately stated. An amount charged as interest on the unpaid balance of the
purchase price is not part of the purchase price, unless the amount added to the
purchase price is included in the principal amount of a promissory note; except
the interest or carrying charge set out separately from the unpaid balance of the
purchase price on the face of the note is not part of the purchase price. An amount
charged for insurance on the property sold and separately stated is not part of the
purchase price.
(5) Installation, delivery and wheeling-in charges included in the purchase price and
not separately stated.
(6) Transportation and other charges to effect delivery of tangible personal property
to the purchaser.
(7) Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires
and floor stock.
(8) The gross purchase price of articles sold after manufacturing or after having been
made to order, including the gross value of all materials used, labor and service
performed and the profit thereon.
(c) The terms price or purchase price do not include:
(1) Any sales or use tax imposed by the State or by any political subdivision thereof.
(2) The fair market value of property exchanged if such property is to be sold
thereafter in the retailer's usual course of business. This is not limited to
exchanges in Colorado. Out-of-state trade-ins are an allowable adjustment to the
purchase price.
(3) Discounts from the original price if such discount and the corresponding decrease
in sales tax due are actually passed on to the purchaser. An anticipated discount to
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EXHIBIT D – Section 23.04.010
be allowed for payment on or before a given date is not an allowable adjustment
to the price in reporting gross sales.
Public.Any individual, firm, co-partnership, joint venture, corporation, society, club, league,
association, joint stock company, estate or trust, receiver, trustee, assignee, lessee or any person
acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any
group or combination acting as a unit and the plural as well as the singular number.
Purchase or sale.
(a) The acquisition for any consideration by any person of tangible personal property or
taxable services that are purchased, leased, rented, sold, used, stored, distributed or
consumed, but excludes a bonafide gift of property or services. These terms include
capital leases, installment and credit sales and property and services acquired by:
(1) Transfer, either conditionally or absolutely, of title or possession, or both, to
tangible personal property.
(2) A lease, lease-purchase agreement, rental, or grant of a license, including royalty
agreements; to use tangible personal property or taxable services. The use of coin-
operated devices, except coin-operated telephones, which do not vend articles of
tangible personal property, shall be considered short term rentals of tangible
personal property.
(3) Performance of taxable services; or
(4) Barter or exchange for other property or services including coupons.
(b) The terms purchase and sale do not include:
(1) A division of partnership assets among the partners according to their interests in
the partnership;
(2) The formation of a corporation by the owners of a business and the transfer of
their business assets to the corporation in exchange for all of the corporation's
outstanding stock, except qualifying shares, in proportion to the assets
contributed;
(3) The transfer of assets of shareholders in the formation or dissolution of
professional corporations;
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EXHIBIT D – Section 23.04.010
(4) The dissolution and the pro rata distribution of a corporation's assets to its
stockholders;
(5) A transfer of a partnership interest;
(6) The transfer in a reorganization qualifying under Section 368(a)(1) of the Internal
Revenue Code of 1954, as amended;
(7) The formation of a partnership by the transfer of assets to the partnership or
transfers to a partnership in exchange for proportionate interests in the
partnership;
(8) The repossession of personal property by a chattel mortgage holder or foreclosure
by a lienholder;
(9) The transfer of assets from a parent corporation to a subsidiary corporation or
corporations which are owned at least eighty percent (80%) by the parent
corporation, which transfer is solely in exchange for stock or securities of the
subsidiary corporation;
(10) The transfer of assets from a subsidiary corporation or corporations which are
owned at least eighty percent (80%) by the parent corporation to a parent
corporation or to another subsidiary which is owned at least eighty percent (80%)
by the parent corporation, which transfer is solely in exchange for stock or
securities of the parent corporation or the subsidiary which received the assets; or
(11) The transfer of assets between parent and closely held subsidiary corporations, or
between subsidiary corporations closely held by the same parent corporation or
between corporations which are owned by the same shareholders in identical
percentage of stock ownership amounts, computed on a share-by-share basis,
when a tax imposed by this Title was paid by the transferor corporation at the time
it acquired such assets, except to the extent that there is an increase in the fair
market value of such assets resulting from the manufacturing, fabricating or
physical changing of the assets by the transfer or corporation. To such an extent
any transfer referred to in this Subsection (11) shall constitute a sale. For the
purpose of this Subsection (11), a closely held subsidiary corporation is one in
which the parent corporation owns stock possessing at least eighty percent (80%)
of the total combined voting power of all classes of stock entitled to vote and
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EXHIBIT D – Section 23.04.010
owns at least eighty percent (80%) of the total number of shares of all other
classes of stock.
Retail sales.All sales made within the City except wholesale sales.
Retailer or vendor means any person selling, leasing, renting, or granting a license to use
tangible personal property or services at retail. The terms "retailer" shall include, but is not
limited to, any:
(a) Auctioneer;
(b) Salesperson, representative, peddler or canvasser, who makes sales as a direct or
indirect agent of or obtains such property or services sold from a dealer, distributor,
supervisor or employer;
(c) Charitable organization or governmental entity which makes sales of tangible personal
property to the public, notwithstanding the fact that the merchandise sold may have
been acquired by gift or donation or that the proceeds are to be used for charitable or
governmental purposes;
(d) Retailer-contractor, when acting in the capacity of a seller of building supplies,
construction materials, and other tangible personal property;
(e) Marketplace facilitator, marketplace seller, or multichannel seller.
Retailer-Contractor means a contractor who is also a retailer of building supplies, construction
materials, or other tangible personal property, and purchases, manufactures, or fabricates such
property for sale (which may include installation), repair work, time and materials jobs, and/or
lump sum contracts.
Return.The sales tax reporting form used to report sales tax.
Sale that Benefits a Colorado School means a sale of a commodity or service from which all
proceeds of the sale, less only the actual cost of the commodity or service to a person or entity as
described in this Code, are donated to a school or a school-approved student organization.
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EXHIBIT D – Section 23.04.010
Sales tax.The tax to be collected and remitted by a retailer on sales taxes under this Title.
School means a public or nonpublic school for students in kindergarten through twelfth (12th)
grade or any portion thereof.
State.The State of Colorado.
Tangible Personal Property means personal property that can be one (1) or more of the
following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in
any other manner perceptible to the senses.
Tax.The tax due from a retailer.
Tax Deficiency or Deficiency means any amount of tax, penalty, interest, or other fee that is not
reported and/or not paid on or before the date that any return or payment of the tax is required
under the terms of this Code.
Taxable sales.Gross sales less any exemptions and deductions specified in this Title.
Taxable services.Services subject to the tax pursuant to this Title.
Taxpayer.Any person obligated to collect and/or pay tax under the terms of this Title.
Telecommunications services.The transmission of any two-way interactive electromagnetic
communications including, but not limited to voice, image, data and any other information, by
the use of any means, but not limited to wire, cable, fiber optical cable, microwave, radio wave
or any combinations of such media. This term includes, but is not limited to basic local exchange
telephone service, toll telephone service and teletypewriter service, including but not limited to
residential and business service, directory assistance, cellular mobile telephone, or
telecommunication service, specialized mobile radio and two-way pagers and paging service,
including any form of mobile two-way communication. This term does not include separately
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EXHIBIT D – Section 23.04.010
stated non-transmission services which constitute computer-processing applications used to act
on the information to be transmitted.
Total tax liability.The total of all tax, penalties or interest owed by a taxpayer and shall include
tax collected in excess of such tax computed on total sales.
Use means the exercise, for any length of time by any person within the City of any right, power
or dominion over tangible personal property or services when rented, leased or purchased at
retail from sources either within or without the City from any person or vendor or used in the
performance of a contract in the City whether such tangible personal property is owned or not
owned by the taxpayer. Use also includes the withdrawal of items from inventory for
consumption.
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