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AUTHORIZATION TO PROCEED WITH QUASI-JUDICIAL PROCEEDING
BEFORE THE ASPEN CITY COUNCIL DUE TO DECLARATION OF A LOCAL
DISASTER EMERGENCY
I ____________________, am the applicant/representative for the property located at
______________________, Aspen, Colorado (the “Property”). The Property is the subject of a
land use application scheduled for public hearing before the Aspen City Council on
________________, 2020. Due to the Declaration of a Local Disaster Emergency in the City of
Aspen and as a result of both state and local public health orders, it has been determined that the
public hearing must be conducted by electronic means rather than in person.
Having completely and fully read and understood the Rules and Procedures for Electronic
Participation in Aspen City Council Meetings adopted by the City Manager on March 18, 2020 (the
“Rules and Procedures”), and understanding the limitations and risks inherent with proceeding with a public
hearing electronically, the applicant hereby agrees to conduct the public hearing under the Rules and
Procedures with accommodations made for electronic participation via video-conferencing for City Council
members, City Staff, and applicants, and participation via video-conferencing or telephone for members of
the public who wish to comment.
AGREED TO THIS _______DAY OF ________, 2020:
LANDOWNER/APPLICANT:
By: __________________________
THE CITY OF ASPEN:
By:__________________________
Phillip Supino
City of Aspen Community Development Director
FIRST AMENDED RULES AND PROCEDURES FOR ELECTRONIC
PARTICIPATION IN ASPEN CITY COUNCIL MEETINGS ADOPTED
P URSUANT TO SECTION XX, CITY COUNCIL RULES AND
REGULATIONS.
WHEREAS, to comply with the declaration, restrictions, and orders entered by the Pitkin County
Public Health Director and the City’s March 12, 2020 Declaration of Local Disaster Emergency,
the Aspen City Council adopted Resolution #21 (Series of 2020), which amended the City Council
Rules and Regulations, previously adopted pursuant to Resolution #51 (Series of 2005), to address
the conduct of and attendance at meetings during a period in which an local disaster emergency
has been declared; and,
WHEREAS, the amendment to Council Rules and Regulations adopted pursuant to Resolution
#21 (Series of 2020) added the following Section XX:
The City Manager, with consultation and consent of the City Attorney, may adopt
rules and procedures for the conduct of and attendance at City Council meetings
through electronic means for City Council members and members of the public
during a period in which a local disaster emergency has been declared;
and,
WHEREAS, following consultation with the City Attorney, the City Manager adopted Rules and
Procedures for the conduct of and attendance at City Council meetings through electronic means
for City Council members and members of the public on March 18, 2020.
WHEREAS, the City Manager, in consultation with the City Attorney, has determined that for the
orderly and timely administration of City business, the March 18, 2020 Rules and Procedures for
Electronic Participation in Aspen City Council Meeting should be amended to allow for electronic
participation in Quasi-Judicial Hearings.
NOW, THEREFORE, THE CITY MANAGER OF THE CITY OF ASPEN HEREBY ADOPTS
THE FOLLOWING FIRST AMENDED RULES AND PROCEDURES FOR THE DURATION
OF THE CURRENTLY DECLARED LOCAL DISASTER EMERGENCY:
A. Council Electronic Participation in Meetings.
If a City Council member reasonably determines that his or her personal attendance at a City
Council meeting would not be prudent or is inconsistent with existing and applicable orders of the
State of Colorado or the Pitkin County Public Health Director, such Council member may listen
by telephone, video conferencing, or other electronic means to any Council meeting (“Electronic
Participation”). Such Council member listening via telephone or other electronic means shall be
deemed present for purposes of determining a quorum and the member of City Council may
participate and vote in all matters. Electronic Participation is also available to a City Council
member during an executive session. The City Council may discontinue the use of Electronic
Participation by one or more members during a meeting where the participation results in delays
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or interference in the meeting process; e.g., where the telephone connection or connection by other
electronic means is repeatedly lost, the quality of the connection is unduly noisy or otherwise
problematic to the conduct of the meeting, or the listening member is unable to hear speakers using
a normal speaking voice amplified to a level suitable for the meeting audience in attendance.
Whenever a City Council member is allowed to participate in a City Council meeting by Electronic
Participation pursuant to this Rule, the following additional rules shall be observed:
a) All members of the City Council must be able to hear one another or otherwise
communicate with one another, and be able to hear all discussion and testimony in
a manner designed to provide maximum notice and participation;
b) Members of the public present at the meeting location or participating
electronically must be able to hear all discussions, testimony, and votes;
c) All votes held at the meeting shall be conducted by roll call;
d) At least one member of City Council is present at the regular meeting location,
unless not feasible due to the emergency declaration;
e) Minutes of the meeting are taken and promptly recorded, and such records are open
to the public inspection;
f) To arrange to participate via Electronic Participation, a Council member shall:
i. Contact the Mayor, City Manager or the City Clerk in advance of
the meeting to determine if an arrangement for such participation
via Electronic Participation is possible. Council members shall
endeavor to advise the City of their intent to participate via
Electronic Participation at the earliest possible time and not less than
twenty-four (24) hours prior to the requested participation; and,
ii. The City shall initiate the Electronic Participation not more than ten
(10) minutes prior to the scheduled time of the meeting. Upon
disconnection during a meeting, the City Clerk shall make at least
one attempt to re-initiate the connection.
g) To the extent possible, full and timely notice shall be given to the pubic advising
that one or more members of the City Council may participate in the meeting
electronically.
B. Public Viewing and Participation
a) Viewing Opportunities. City Council Meetings will continue to be broadcast to the
public through three separate sources: Grassroots TV, Granicus and Facebook.
Grassroots TV may not be live at all times. If one of these live platforms is
unavailable another platform will be obtained. If no live broadcast is available, the
Council meeting will be continued until such time as at least one live broadcast is
available.
b) Public Participation in City Council Meetings. During the duration of the
declaration of local disaster emergency, the presentation of public comment at the
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commencement of each regular meeting of City Council, or for the presentation of
testimony in a public hearing before City Council, may only be done via telephone.
For such telephone participation, the following rules will apply:
i. Individual members of the public wishing to participate remotely
may submit a request to comment via telephone by providing notice
to the Clerk’s Office for the City of Aspen by phone or email, 970-
920-5001 or citizencalls@cityofaspen.com@cityofaspen.com at
least fifteen (15) minutes prior to the commencement of the meeting.
Such individuals will then be provided a call-in telephone number,
which each individual must call no later than five minutes prior to
the commencement of the meeting. The individual wishing to
comment shall wait on the call-in line to comment until called on by
the mayor.
ii. Members of the public participating via telephone must follow all
applicable rules for public participation, including time limitations.
Following an individual’s presentation of public comment, that
individual’s ability to comment will be terminated.
iii. The City Council may discontinue the use of telephonic
participation by members of the public during a meeting where the
participation results in delays or interference in the meeting process;
e.g., where the telephone connection is repeatedly lost, the quality
of the connection is unduly noisy or otherwise problematic to the
conduct of the meeting, or the listening Council member is unable
to hear the speaker using a normal speaking voice amplified to a
level suitable for the meeting audience in attendance.
C. Quasi-Judicial Matters.
In the event that a pending application is scheduled for a public hearing that is
quasi-judicial in nature at a meeting at which this policy is in effect, the City shall
advise the applicant of such circumstances and present the applicant with options
for proceeding with the application. The applicant shall authorize the City, in
writing, to proceed with one of the following options:
1. Conduct the public hearing under this policy with accommodations
made for electronic public participation via video-conferencing; or
2. Suspend any and all review and decisions deadlines until such time
that the local disaster emergency is lifted and the City Council schedules a regular
meeting at which a quorum will be physically present.
D. Staff Participation.
To the extent possible, staff required for a matter shall participate electronically.
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E. Notice.
These Rules shall be posted on the City of Aspen website and in a prominent
location inside and/or outside City Hall and on the door outside of City Council Chambers.
F. Amendment.
These Rules may be amended at any time by the City Manager, upon review and
approval of the City Attorney.
Done this ___ day of March 2020, at ______ __.m.
________________________________
Sara G. Ott
City Manager of the City of Aspen
Approved:
___________________________
James R. True
City Attorney of the City of Aspen