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AGENDA
CITY COUNCIL WORK SESSION
February 1, 2021
4:00 PM, City Council Chambers
130 S Galena Street, Aspen
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I.WORK SESSION
I.A.Financial Policies - Follow Up Discussion
I.B.Engineering Discussion: Neighborhood Traffic Calming policy, Lake Avenue ped
bike-way, Sidewalk Deferred Zones and Sidewalk Maintenance, Critical Pedestrian
Connection Updates, Safety in the Commercial Core
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MEMORANDUM
TO:City Council
FROM:Pete Strecker, Finance Director
THROUGH:Sara Ott, City Manager
MEETING DATE:February 1, 2021
RE:Divestment Discussion
REQUEST OF COUNCIL:Staff is bringing forward information around the City’s financial
policies for public funds investment to further the discussion on divestment. This is a
follow up to the November 10, 2020 regular meeting when revisions to these policies were
presented to the Council.
SUMMARY AND BACKGROUND:Changes to the State’s regulations for legal
investment of public funds (within sections 24-75-601 through 605, C.R.S.) were adopted
by the Colorado House and Senate during the 2019 legislative session and were first
communicated to the Council on July 7, 2020. These changes were minor in nature but
provide for some clarification to existing statutory language and allow for a small
expansion on investment opportunities for Colorado-based public organizations.
DISCUSSION: Under the City’s current investment policies, the three main
considerations / limiters to investment opportunities for public funds center around risk,
return and liquidity. Return on investment is always sought to be maximized but is never
done so without also considering how risky an investment is, and how long an investment
will be held. Current thresholds require that investments in Government-backed
securities must be no longer than 5 years to maturity and the portfolio cannot acquire
corporate or bank debt that does not have two credit ratings of at least “AA” and a
maximum maturity of 3 years.
Laddering:
The City has implemented a laddered reinvestment strategy for its portfolio. This means
that investments typically sized between $2M and $5M mature periodically and are
proposed for reinvestment into new opportunities. This allows the City to be nimble in its
cashflow if funds are needed (large capital projects most specifically) and it allows the
City to take advantage of rate escalation during periods when economic environments
are strong (not like today). On $123M currently invested, this means that the City can
have one or two reinvestment opportunities a month for a few million dollars. When this
occurs, the City has limited choices for what to invest in, per the financial policies and
also per the current market (as to what is being offered).
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As of Dec 30, the breakdown of investments can be summarized within the table below.
Looking broadly, you can see that the majority (82.0%) of holdings are in government
(federal and municipal) options and 18.0% are in corporate holdings. Additionally, you
can see that the City can pick up higher yields in corporate holdings.
Investment % of Portfolio Purchase Yield
Corporates $22,168,000 18.0%2.12
Government Agencies $68,175,000 55.2%1.74
Government Bonds $20,000,000 16.2%2.18
Municipal Bonds $13,065,000 10.6%1.71
Total $123,408,000 100.0%1.87
Corporate Holdings:
Looking deeper into the corporate holdings specifically, below are the seven investments,
sorted by initial purchase date. What is very apparent in this detail is the level of decline
in yield as the outlook on the economic environment worsened recently. This is important
to note as when we have ANY investment mature today, we are stuck with very poor
reinvestment options in terms of yield – and to put this in perspective, the one, three and
five-year treasury yields at the time of writing this document (Jan 8) are 0.10%, 0.24%
and 0.49%, respectively.
Investment
Purchased
Date
Maturity
Date
Purchase
Yield
Berkshire Hathaway $3,148,000 Nov-18 Aug-21 3.20
US Bank $3,200,000 Apr-19 Apr-21 2.69
Toyota Motor Credit $3,420,000 Jun-19 Jan-22 2.16
Microsoft Corp $3,500,000 Jul-19 Feb-22 2.02
US Bank $2,000,000 Jul-19 Feb-22 2.27
Wells Fargo Bank $2,900,000 Jan-20 Oct-22 1.74
Apple Inc $4,000,000 Mar-20 Feb-22 1.07
Total $22,168,000 2.12
At face value, the corporate holdings the City has in its portfolio largely exclude any
business function that directly relates to fossil fuels. The only holding that may not meet
this at first blush would be the Toyota Motor Credit Corp, the lending arm of Toyota.
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It is important to note at this time that the City has previously elected to withdraw from
corporate holdings that were directly tied to the fossil fuel industry. Two examples of this
were prior holdings in Chevron and Exxon Mobil. Both of these investments were
eliminated from the City’s portfolio upon maturity and are not being considered for future
investment opportunities despite not having a formal investment policy tied to a greening
initiative –so there are conscious decisions occurring at the staff level to ensure that the
City’s investments reflect the environmental values of the community.
Outside Assessment:
Following the Council discussion of the City’s Financial Policies in November 2020, staff
reached out to the City’s investment advisor, Insight Investment, to provide some initial
context to the current holdings within the City’s portfolio. Insight Investment has been
supporting the City since 2008 (formerly as Cutwater Investor Services) to make
recommendations for investment and re-investment of the City’s pooled resources.
Insight has its own team of analysts that conducts research on environmental, social
and governance (ESG) issues for publicly traded firms and has been able to provide a
scoring of the current corporate investments within the City’s portfolio. Each issue has
its individual pillar scores and then a combined ESG score, with 1 being the best score
and 5 being the lowest.
5 4 3 2 1
Laggard Average Leader
Issue Par Value
Combined
ESG Environmental Social Governance
Apple $4,000,000 4 3 3 4
Berkshire $3,148,000 5 4 4 4
Microsoft $3,500,000 1 1 1 3
Toyota Fin.$3,420,000 3 1 3 3
US Bank $5,200,000 3 2 4 3
Wells Fargo $2,900,000 4 1 5 4
Total $22,168,000 3.3 2.0 3.3 3.5
Looking beyond the City’s holdings and towards a larger subset of issuers that have
ratings of at least AA-(or equivalent) by at least two rating agencies, the average
scoring looks nearly identical (note that Toyota Motor Credit Corp has been dropped as
a possible investment going forward as its rating has now fallen below our reinvestment
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threshold in the current City Financial Policies). Per our Investment Advisor, this would
be the rough list of possible investments that the City could entertain under the existing
financial policies. Note, under the City’s home rule status, there is the opportunity to
loosen the current thresholds and no longer mirror the State Statutes for investment of
public funds; however, this is not advised as the statutes are in place for a reason and
loosening risk tolerances to achieve another desired outcome seems like trading one
bad for another.
Issue Total ESG Environmental Social Governance
Apple 4 3 3 4
Berkshire 5 4 4 4
Blackrock 1 1 2 3
Chevron Corp 4 3 4 4
CME Group 3 3 3 3
Colgate-Palmolive 2 3 3 2
Exxon Mobil 4 3 4 3
Johnson & Johnson 4 1 3 4
Microsoft 1 1 1 3
Procter & Gamble 3 3 3 3
US Bank 3 2 4 3
Visa Inc 3 2 3 4
Walmart Inc 4 2 4 4
Wells Fargo 4 1 5 4
Average Scoring 3.2 2.3 3.3 3.4
The above ratings from Insight incorporate scores from MCSI (a recognized leader in
providing tools to investors looking to incorporate sustainability considerations in the
decision-making process), but then also pair that with additional external data for a final
assessment.
Clearly, when looking at these scores and focusing on the lowest three, Wells Fargo does
fall into the laggard grouping; however, it is not because of its environmental scoring,
which strongly resides in the leader category. Similarly, US Bank is in the lower end of
the average ranking, but its scores are moving upward and are not reflective of significant
environmental issues. Berkshire Hathaway’s ESG scoring however does reflect an
environmental concern and would be an area of focus for a greening effort. This holding
also is the first corporate debt that will be up for reinvestment in August 2021.
RECOMMENDATIONS: There are some considerations needed before moving to a
formal recommendation, the first of which being the depth of the change being sought. Is
the Council looking at this time to only focus on the City’s investment of public funds, or
is the decision pushing further into business operations and travel? If there is a hard line
on something like support or consumption of fossil fuels beyond investment holdings, then
this would impact the entire City fleet (passenger vehicles but also work equipment),
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would affect how we heat our public facilities, how we travel for work related purposes,
etc. As there is more to consider with this type of decision and the implications it would
have on operations, it is not recommended to look beyond the portfolio at this time.
Focusing then on the portfolio, the question is how broad a view is being considered for
evaluating a corporate holding opportunity? Is the sole focus on environmental scoring,
or does it go beyond this single issue and also include governmental and social policies?
At this time, it has been discussed that an environmental focus is the priority and the other
issues can be assessed for inclusion at a future date.
Considering then the environmental issues associated with a corporate holding, the
Council must consider what is the criteria for inclusion or exclusion of an investment –
what is the allowable scoring? As a starting point, staff would offer that corporations with
rankings of 3 or lower (based on the ranking system included in this memo) would be
allowable and corporations with rankings of 4/5 would default as an unacceptable new
investments.
If a ranking metric is used, this would allow for companies to move in and out of allowable
investment status. This then does require that a policy be set for any holding that may
start out in the approved status and then migrate to the excluded status – will the City be
required to divest from an existing holding immediately if its ranking falls below acceptable
levels, or will it just be prohibited from any reinvestment in this corporation until it returns
to approved status? It is recommended that the policy allow for further discussion with
the Council before taking any divestment action.
Finally, it is important to note that there is no scoring for US Treasuries or other US backed
investments - this is something to consider as there are opportunities for inconsistency
when you consider some of the actions at the federal level with regards to environmental
impacts. If the Council wishes, a statement around the allowance for federal holdings may
be desired as the City holds roughly three-quarters of its investments in US government
offerings and divestment from these holdings would dramatically impact any return for the
public on its money.
FINANCIAL IMPACTS:If the Council initiates a policy that would require an immediate
divestment from existing holdings, the anticipated impact would include reinvestment of
funds at a lower yield than is currently “guaranteed” by the portfolio. Given the limited
opportunities to reinvest outside of US Government-backed institutions and near historic
low rate of returns in today’s market, a financial recommendation would be to advocate
against an immediate divestment and instead allow for existing maturities to be achieved,
and then guide new investments into environmentally desirable holdings at that time.
CITY MANAGER COMMENTS:
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Overall
ESG Scores Over Time
Overall
Score
12/31/202011/30/202010/31/20209/30/20208/31/20207/31/20206/30/20205/29/20204/30/20203/31/20202/28/20201/31/2020Apple Inc 4 4 4 4 3 3 3 3 3 3 3 3
Berkshire
Hathaway 5 5 5 5 4 4 5 5 5 5 5 5
Microsoft 1 1 1 1 1 1 1 1 1 2 2 2
Toyota
Motor
Credit
3 3 3 3 3 3 3 3 3 3 3 3
US Bank 3 3 3 3 3 3 3 3 3 4 4 4
Wells
Fargo 4 4 4 4 4 4 4 4 4 4 4 4
Red currently denotes a scoring in the bottom half of the 1 –5 scale as of December 2020,
denoting a laggard / unfavorable position. It is not recommended to establish prohibitive criterion
for the overall ESG score at this time but could be considered in the future if the Council wished.
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Environmental
ESG Scores Over Time
Environ.
Score
12/31/202011/30/202010/31/20209/30/20208/31/20207/31/20206/30/20205/29/20204/30/20203/31/20202/28/20201/31/2020Apple Inc 3 3 3 3 3 3 3 3 3 3 3 3
Berkshire
Hathaway 4 4 4 4 4 4 4 4 4 4 4 4
Microsoft 1 1 1 1 1 1 1 1 1 1 1 1
Toyota
Motor
Credit
1 1 1 1 2 2 2 2 2 2 2 2
US Bank 2 2 2 2 2 2 2 2 2 2 2 2
Wells
Fargo 1 1 1 1 1 1 1 1 1 1 1 1
Red currently denotes a scoring in the bottom half of the 1 –5 scale as of December 2020,
denoting a laggard / unfavorable position. If the Council wished, a policy could be created around
this index to either require further discussion with Council whether to hold investments when a
corporation has a score in the laggard position. Additionally, the policy could also prohibit new
investments when these scores are in the bottom half of the scale.
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Banking Discussion
Staff is aware that there have been statements received by the Council around why the City’s
operational banking services reside with Wells Fargo, instead of a local bank or another
institution. While it is important to note that the City does have business with other local banks
such as Alpine Bank and Vectra Bank, and has entered into these relationships because it values
the services and support these institutions can and do provide, there has not been a strong enough
reason to migrate all general banking functions to these other institutions entirely.
To provide some general framework to the City’s banking:
One overarching statement that would apply to any large institution, where there are
under a single umbrella dozens of unique businesses and therefore multiple point of sale
systems, credit card processors and other financial infrastructure to consider, it is not an
easy task to migrate banking services. As such, this action typically occurs only when it is
warranted for issues with customer service, poor terms, or other performance metrics.
The City has elected to establish its banking relationships with financial institutions only
with establishments that have a physical presence within the City. This is extremely
helpful when in-person transactions or other business is needed. At an example of this,
when the last evaluation of banking services for the Citywas considered, JPMorgan Chase
did not have a local branch.
The City must consider the relative size of the bank it does business with as there are
significant benefits to the assets held by these institutions that can influence terms,
stability, and even depth of service. Wells Fargo has assets of roughly $1.7 trillion.
Smaller local banks that the City also does business with for select purposes have assets
between $5 to $75 billion. Only JPMorgan Chase has greater assets at $2.9 trillion. US
Bank is the third largest locally present institution with $530 billionin assets.
Credit ratings again tie into stability with lending institutions and are also considered for
these types of financial relationships. Below is a quick snapshot for numerous banks
within the City of Aspen – Wells Fargo and JPMorgan Chase are both highly rated.
Institution Moody's S&P Fitch
JPMorgan Chase Bank Aa2 A+AA
Wells Fargo Bank Aa2 A+AA-
US Bank NA A1 AA-AA-
Vectra Bank Baa2 BBB+BBB+
Alpine Bank
No Rating for These
Institutions
Community Banks of Colorado
Timberline
ANB Bank
FirstBank
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Wells Fargo specifically has a dedicated government service group that the City isable to
benefit from. This team works directly with the City’s Finance department to assist in
areas that smaller institutions may not be able to be as knowledgeable or engaged in. This
same government services group also has been recognized by the State of Colorado,as it
too selected Wells Fargo as its banking partner through a competitive bid process. In fact,
this sector of Wells Fargo has over 5,500 government customers.
Regarding the specific greening aspects of Wells Fargo (pertinent to the current financial
policies discussion), Wells Fargo ranks favorably in its environmental scoring likeother
large corporate banking institutions in Aspen. Note - not all institutions had available ESG
scores.
Institution
Total
ESG Environ.Social Gov.
JPMorgan Chase Bank 4 1 3 5
Wells Fargo Bank 4 1 5 4
US Bank NA 3 2 4 3
Additionally, in reaching out to Wells Fargo to inquire about its environmental
sustainability efforts,Wells Fargo was able to provide some additional, specific examples
of how it is making efforts to be green. Locally (in Colorado) this includes:
Working with Rocky Mountain Institute (RMI) to accelerate financial
sector climate engagement, with a particular focus on decarbonizing
financial portfolios, and broadening energy innovation capability by
engaging more deeply with corporate and startup partners; and
Partnering with U.S. Department of Energy’s National Renewable
Energy Laboratory (NREL) on a philanthropy program - the Wells
Fargo Innovation Incubator - a $30 million technology incubator that
speeds the path to commercialization for startups focused on energy
efficiency in the built environment – commercial and residential – and
sustainable agriculture.
Finally, it is accuratethat Wells Fargo was discovered to have had inappropriate account
creation practices in the past. Per Wells Fargo, in the past three years, it has implemented
fundamental changes to its business model, compensation programs, leadership team and
governance. Messaging from new leadership has been to meet all expectations from
regulators and to welcome this oversight to ensure past missteps are not repeated.
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Some key changes that have occurred since the 2016 infraction (provided by Wells Fargo):
Leadership changes:
A new CEO and majority of new members on the Operating Committee, Wells Fargo’s
senior-most management committee.
Significant management changes at all levels of the Community Bank, including senior
executives.
Reconstitution of a majority of the Board’s independent directors (8 new independent
directors), including the majority of Board Committee Chairs.
Elimination of all product-based sales goals that led to this conduct.
Implementation of a new incentive compensation structure for retail bankers that
rewards them based on customer outcomes and requires risk accountability at all
levels.
Enhancement of the Community Bank’s processes for customer consent and stronger
oversight and controls.
Investment of more than 800,000 hours in learning and development for retail bank
employees to support cultural, process and policy changes, with training ongoing.
Reorganization and centralization of key Company functions, including Risk, Human
Resources, Finance, Technology, and Data.
Agreement to pay more than $500 million to customers and investors as remediation
for harm that resulted from the historical Community Bank sales practices.
Community Reinvestment Act (CRA) Rating:
On February 4, 2020, Wells Fargo regained its CRA rating (around lending, investment
and service standards) of Outstanding both at the national level and for the State of
Colorado per the Office of the Comptroller of the Currency Community Reinvestment
Act Performance Evaluation.
"While Wells Fargo still has work to do to regain the trust of our customers, regulators
and others, our strong commitment to lending to, investing in and providing service to
low- and moderate-income communities across the country has not wavered, and this
rating is proof that our work is making a difference,” said Wells Fargo CEO Charlie
Scharf. “We are proud of the positive steps we have taken in recent years and are
pleased that the OCC noted this progress. Wells Fargo will continue to help promote
economic growth, sustainable homeownership and neighborhood stability in low- and
moderate-income communities where we do business.”
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MEMORANDUM
TO: Mayor and City Council
FROM: Raquel Flinker P.E., Project Manager II
Carly McGowan E.I.T., Project Manager I
Pete Rice P.E., Engineering Division Manager
THRU: Trish Aragon P.E., City Engineer
DATE OF MEMO: January 29th, 2021
MEETING DATE: February 1st, 2021
RE: Neighborhood Traffic Calming Policy
REQUEST OF COUNCIL: Council’s direction on adopting the Neighborhood Traffic Calming
Policy.
SUMMARY AND BACKGROUND:
In 2018, the Engineering Department along with the Pedestrian and Bicycle Safety Team
(PABST) created the Pedestrian and Traffic Calming Policy to address speeding concerns from
citizens. PABST receives regular citizen concerns regarding speeding in neighborhoods and, in
the recent past, there has been a need to update and formally adopt the policy to
systematically guide citizens.
The Pedestrian and Traffic Calming Policy that was drafted in 2018 was never formally adopted
by Council.
The policy was revised to achieve the following goals:
1. Develop a clear process for addressing vehicle speed concerns.
2. Produce an understandable document to refer community members to for guidance on
the traffic calming process.
3. Clearly delineate traffic calming issues separately from other safety issues.
4. Develop a mechanism to implement traffic calming measures consistently throughout the
City.
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2
DISCUSSION:
Traffic calming policies are a common practice in cities across the country. While updating the
Neighborhood Traffic Calming Policy, staff researched traffic calming policies in other
municipalities including: comparable ski towns, Colorado cities and other cities across North
America with outstanding Traffic Calming Policies. The table in Appendix A shows the main
takeaways from this research. In summary, similar ski towns, typically, do not have
encompassing Traffic Calming Policies. Aspen’s city layout of residential streets, act as conduits
for trails, bike and pedestrian facilities, and vehicles. Incorporating a traffic calming policy for
Aspen would allow a clear process for residents to understand measures that could be taken.
The updated Neighborhood Traffic Calming Policy is based on staff research as well as feedback
from the various City departments that are represented in PABST. The complete policy is
attached as Appendix B. Figure 1 shows the flow diagram that represents the Traffic Calming
process.
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3
Figure 1 – Traffic calming measure implementation process.
The Traffic Calming process is initiated by an issue being reported by a community member or
staff (Step 1). The first steps in the process consist of initial evaluation of the issue by the
Engineering Department and PABST (Step 2) and data collection (Step 3). Traffic count and
speed data collected by staff is considered valid for five years. New data will not be collected
more frequently unless a significant change to the neighborhood takes place.
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4
The issue continues to evaluation based on the aforementioned data (Step 4). This evaluation
uses the following thresholds and depending on which thresholds are triggered, the item
continues to different steps.
Figure 2 – Different evaluation triggers (Step 4)
1. Speeding Threshold: The 85th percentile speed is above 5 miles per hour over the speed
limit.
2. Traffic Calming Threshold: The item receives a ranking of 50 according to the ranking
table (see Table 1).
3. Speeding and Traffic Calming Threshold: Both the speeding and the traffic calming
thresholds are triggered.
Table 1 – Traffic calming threshold ranking table
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5
If the Speeding threshold is triggered, the item moves to Step 5 – Non-infrastructure Solution
Testing. If the Traffic Calming Threshold is triggered, the item also moves to Step 5 – Non-
infrastructure Solution Testing, but does not continue to the subsequent steps. If both
thresholds are met, the item moves straight to Step 7 – Infrastructure Solution Cost and Design.
Step 5 involves the testing of non-infrastructure solutions, primarily education-based or short-
term measured. If non-infrastructure solutions are deemed unsuccessful by the City Engineer
based on citizen input and support, future development in the area, among other criteria (Step
6), infrastructure solutions will be weighted (Step 7).
Step 7, Infrastructure Solution Cost and Design, involves a formal study of the issue to suggest
possible traffic calming measures. These measures could involve physical modification of the
street to control speeds and improve safety. The process continues with neighborhood
outreach (Step 8). If Council approval is obtained (Step 9), the infrastructure solution is
implemented (Step 10).
FINANCIAL IMPACTS:
Additional financial resources are not required at this time.
ENVIRONMENTAL IMPACTS:
No environmental impacts are anticipated at this time.
RECOMMENDATION:
Staff recommends:
1. A trial period of one year for this policy, where staff tests out the process and collects
feedback from the community.
2. After the trial period, Staff will return to Council with a final version of the policy for
adoption via a City ordinance.
CITY MANAGER COMMENTS:
Attachment A - Traffic Calming Policy Research
Attachment B – Neighborhood Traffic Calming Policy
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6
Attachment A - Traffic Calming Policy Research
Category Town Traffic Calming
Policy
Neighborhood Consensus
Required?
Colorado
Mountain Towns
Breckenridge, CO None N/A
Crested Butte, CO None N/A
Telluride, CO None N/A
Glenwood Springs, CO policy and
webpage
For issue to be identified in the
traffic calming process, request
made by
-5 individuals owning home or
business within 1000 ft of issue
-HOA
-Transp. Commission
-any City Dept
In order for a solution to be
implemented, 67% of returned
petitions within the Project Area
Boundary must be in support (4
weeks to return petition)
Colorado Front
Range Cities
Boulder, CO policy and
webpage
20 neighbors or 30% of
households on same block need to
identification of issue.
Consensus is not required for
adoption of solution, but series of
meetings are held with staff and
neighbors to go over proposed
solution, and a questionnaire
gauging support of neighbors is
utilized
Fort Collins, CO website Not stated
Colorado Springs, CO webpage Not stated
Other North
American Cities
Edmonton, CA policy and
process
and website
Exact value not stated. Traffic
committee is established made of
neighbors and city to determine
solution
Rochester, NY policy 75% of residents on affected
street must support solution
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Attachment B. Neighborhood Traffic Calming Policy
18
Neighborhood Traffic Calming Policy
19
Neighborhood Traffic Calming Policy February 2021 Page 1 of 17
Contents
Contents 1
Introduction 2
Process 4
Step 1 – Report the Issue ........................................................................................ 5
Step 2 – Initial evaluation of issue .......................................................................... 5
Step 3 – Inspection and Data Collection ................................................................. 5
Step 4 – Evaluation of Issue .................................................................................... 5
Step 5 – Non-infrastructure Solution Testing.......................................................... 6
Step 6 – Citizens Follow-up and Outreach .............................................................. 6
Step 7 – Infrastructure Solution Cost and Design ................................................... 6
Step 8 – Neighborhood Outreach .......................................................................... 7
Step 9 – City Council Approval ................................................................................ 7
Step 10 – Construction ........................................................................................... 7
Appendix A. Speeding Issue Form 8
Appendix B. Traffic Calming Threshold Ranking Table 9
Appendix C. Traffic Calming Toolkit 10
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Neighborhood Traffic Calming Policy February 2021 Page 2 of 17
Introduction
The City of Aspen’s Neighborhood Traffic Calming Policy is part of the City’s commitment to the safety
and livability of residential neighborhood. Under this policy, City staff works closely with residents within
neighborhoods to identify the automobile speed issues on their streets. In general, identified issues are
first tackled using non-infrastructure solutions such as education campaigns and community watches. If
non-infrastructure measures prove to be ineffective in dealing with the issue, a variety of infrastructure-
based traffic calming measures are available. Citizen participation is an important part of all traffic
calming projects. The City’s goal is to give the people who live in the project area the opportunity to
become actively involved in the planning and decision-making process.
The City of Aspen continually strives to protect multimodal function while maintaining a high standard
of safety. Traffic calming reduces automobile speeds and, therefore, improves neighborhoods’ quality of
life and increases the safety and comfort of pedestrians and bicyclists. Traffic calming within
neighborhoods is unique and measures can vary based on vehicle speeds, pedestrian and bike
infrastructure, public transportation, right of way width, and proximity to public venues (such as parks,
schools, etc.). It is important for the City of Aspen to have a clear process for planning, evaluation, and
implementation of traffic calming measures and this is coordinated through the Neighborhood Traffic
Calming Policy.
The Pedestrian and Bicycle Safety Team (PABST) was key in guiding the Neighborhood Traffic Calming
Policy and in making decisions on the issues received. PABST was created in 2007 to ensure that
transportation improvements and requests followed the Complete Streets principals 1 and were reviewed
by all impacted departments. PABST includes members from:
• Engineering Department (lead)
• Environmental Health Department
• Parks Department
• Police Department
• Streets Department
• Transportation Department
• Parking Department
Safety issues related to speeding will follow this policy. Other safety issues will be reviewed by PABST
following the City of Aspen Pedestrian / Bicycle and Transportation Policy.
One of the benefits of adopting traffic calming measures is vehicle speed reduction in areas where there
can be conflicts between vehicles and pedestrians. Lower speeds can significantly decrease the chances
of pedestrian injuries. As show in the figure below, “if struck by a motor vehicle travelling at a speed of
1 City of Aspen Municipal Code, Section 21.26
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Neighborhood Traffic Calming Policy February 2021 Page 3 of 17
20 miles per hour or less, a pedestrian is typically not permanently injured. If struck by a motor vehicle
travelling at a speed of 36 miles per hour or more, a pedestrian is usually fatally injured.”2
Figure 1: Pedestrian Injury X Vehicle Impact Speed Correlation (Source C. E. Rick Chellman)
Traffic calming can often involve trade-offs within existing corridors. Maintaining a safe environment for
all users including vehicles, pedestrians and bicyclists is evaluated through the Neighborhood Traffic
Calming Policy. Through a clear public process, the City of Aspen will balance the need for traffic calming
with a variety of entities that may be impacted by measures including emergency response services,
public transportation services and snow removal operations. The following pages give an overview of the
process.
Objective
The Neighborhood Traffic Calming Policy provides a roadmap for traffic calming measure
implementation. The objective of the Neighborhood Traffic Calming Policy is to:
• Define a process for addressing traffic and speeding concerns
• Provide a basis for prioritizing traffic calming requests
• Educate the public regarding traffic calming
• Encourage citizen and neighborhood involvement in traffic calming programs
• Slow the speeds of motor vehicles where indicated
• Improve the real and perceived safety for non-motorized users of the street
• Incorporate the preference and requirements of the people using the area
• Allocate funds effectively
2 FHWA Traffic Calming ePrimer, https://safety.fhwa.dot.gov/speedmgt/traffic_calm.cfm
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Neighborhood Traffic Calming Policy February 2021 Page 4 of 17
Process
Process Overview
Below is an overview of the process for implementation of traffic calming measures. Each of these steps
are detailed in this document.
Figure 2: Traffic calming measure implementation process
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Neighborhood Traffic Calming Policy February 2021 Page 5 of 17
Step 1 – Report the Issue
Concerns about speeding traffic on city roadways can be made by any citizen, business or staff. Issues
can be reported by completing the Speeding Issue Form (Appendix A).
Step 2 – Initial evaluation of issue
After an issue is submitted to the Engineering Department, it will be reviewed with input from PABST. If
the item qualifies as a speeding issue, it will proceed to Step 3.
Step 3 – Inspection and Data Collection
The Engineering Department will visually inspect the street, collect traffic volume and speed data.
Traffic volume and speed data will be collected no more than once every five years and will be
considered valid for this period. If a street/ neighborhood undergoes significant change as
determined by the engineering department, new traffic data may be collected sooner.
The data collection will normally occur over a period of days. The following data may be collected:
• Speed data to determine the 85th percentile speed as well as the median speed and
average speed.
The 85th percentile speed is the speed at which 85% of the vehicles travel at or under. It is
the standard for traffic safety engineering because it is more reflective of actual traffic flow
patterns and because of the relationship between traffic speeds and safety. There is always
a small percentage of vehicles travelling at speeds above the designated limit, but those are
not used to determine safety and traffic calming measures.
• The volume of traffic for a typical day, usually a weekday.
• The speed and volume data will typically be in a form that enables specific times of days to
be evaluated in order to determine peak hour traffic volume and to identify any specific
times of day when traffic speeds are higher.
Additionally, if applicable, a geometric analysis will be performed to determine site triangles,
design speed and any other relevant information.
Step 4 – Evaluation of Issue
Engineering staff and PABST will evaluate the issue and data using the following thresholds.
Speeding Threshold:
The 85th percentile speed is above 5 miles per hour over the speed limit. If this threshold is
triggered, the item moves to Step 5 – Non-infrastructure Solution Testing.
Traffic Calming Threshold:
The item receives a ranking of 50 according to the ranking table in Appendix B. If this threshold is
triggered, the item moves to Step 5 – Non-infrastructure Solution Testing, but does not continue to
the subsequent steps.
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Neighborhood Traffic Calming Policy February 2021 Page 6 of 17
Speeding and Traffic Calming Threshold:
If both thresholds are met, the item moves to Step 7 – Infrastructure Solution Cost and Design.
Step 5 – Non-infrastructure Solution Testing
Possible solutions that do not involve the use of physical controls or impediments on the roadway system
are tested. These are primarily education-based or short-term measures and include:
• Radar Speed Trailer Deployment — This is a temporary device that is primarily used to
educate motorists regarding the fact that they may be significantly exceeding the posted
speed limit.
• Community Watch Program — The community reports traffic infractions to the Police
department. The community watch program promotes education and enforcement on an
as-needed basis.
• Community Education Actions — This includes neighborhood held activities, such as
disseminating flyers printed by the City reminding the community to slow down, etc. The
intent is to educate street users and create an immediate safer condition for all drivers and
neighbors.
Step 6 – Citizen Follow-up and Outreach
Evaluation of the non-infrastructure solutions will be done over a six-month period. Evaluation will
include visual observations by citizens and staff. The Engineering Department may provide a follow-up
speed survey or collect other relevant information to gauge the success of the non-infrastructure
solutions.
At the end of no more than six months of the implementation of Step 5, neighborhood outreach will be
done to discuss the results. The impacted residents, within 300 ft of the area of concern, will vote if they
want additional traffic calming measures installed.
If 75% of the impacted residents want additional traffic calming measures, the City Engineer will
determine if the issue requires additional measures and should continue to Step 7. This determination
will include, but is not be limited to, neighborhood outreach and support, existing masterplans, future
development in the area, and PABST input and observations.
Step 7 – Infrastructure Solution Cost and Design
The Engineering Department will conduct a formal study to suggest possible traffic calming measures.
The measures could involve physical modifications of the street in order to control traffic speeds and
improve safety. This step includes an estimated project budget developed by the Engineering
Department. Please refer to Appendix C - Traffic Calming Toolkit for definition and examples of traffic
calming measures.
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Neighborhood Traffic Calming Policy February 2021 Page 7 of 17
Staff will evaluate impacts to street maintenance activities, drainage patterns, traffic patterns and
emergency response time. Traffic calming measures must meet the American Association of State
Highway and Transportation Officials (AASTO) guidelines.
Step 8 – Neighborhood Outreach
Varied outreach will be done with the neighborhood and impacted community to present the
infrastructure solution, including project budget, possible time frames, possible temporary installations,
etc. A survey will be used to gage community support for the infrastructure solutions.
If only the Speeding Threshold is triggered in Step 4, for the item to continue to Step 9, at least 67% of
the impacted neighborhood (within 300 feet of the proposed device) and 75% of the residents within
100 feet of the proposed device shall support the installation.
Step 9 – City Council Approval
Once outreach is performed, the proposal and outreach results will be brought to the City Council for
final approval and funding allocation.
Step 10 – Implementation
After all approvals, a bid will go out for implementation to start.
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Neighborhood Traffic Calming Policy February 2021 Page 8 of 17
Appendix A. Speeding Issue Form
1. Contact Information
Name:
Address:
Phone Number:
Email:
2. Please describe the location of the traffic concern. Attach a map or picture if necessary:
3. Please describe the nature of the neighborhood issue you are concerned with (attach
additional sheets if necessary):
4. Please list possible solutions to the issue that you would like the City to consider:
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Neighborhood Traffic Calming Policy February 2021 Page 9 of 17
Appendix B. Traffic Calming Threshold Ranking Table
Criteria Points Basis Point Assignment
Speed data (48 hour) Extent by which the 85th percentile traffic speed exceeds the posted speed limit (1 points per 1 mph from 15 – 25 mph, 5 points per 1mph > 25 mph)
Volume data (48 hour) Average daily traffic volumes (10 point per
100 vehicles). Max of 20 points.
Accident data (12 month) Accident caused by speeding (20 points per
accident) Accident caused by stop sign violations
should be identified.
Proximity to schools or other
active public venues
20 points assigned if within 300 feet of a school or
other active public venue such as a park or other
areas where people congregate
Pedestrian crossing, bicycle
routes, & proximity to high
pedestrian areas
20 points assigned based on commercial areas, trail
connections and other high pedestrian areas
No sidewalks 20 points assigned if there is no continuous
sidewalk on either side of the road.
Total points Minimum points needed = 50
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Neighborhood Traffic Calming Policy February 2021 Page 10 of 17
Appendix C. Traffic Calming Toolkit
1. Overview
There is a range of traffic calming measures that can be used. The applicability of a measure
depends on the nature of the issue. The table below presents a simplified summary of their
applicability in different settings. This toolkit summarizes traffic calming measures that are
the most applicable in the City of Aspen. Please refer to the Federal Highway
Administration (FHWA) Traffic Calming ePrimer 3 for more information on traffic calming
measures.
Table 1 - Likelihood of Applicability of Traffic Calming Measure 4
3 https://safety.fhwa.dot.gov/speedmgt/traffic_calm.cfm
4 Modified from FHWA Traffic Calming ePrimer
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Neighborhood Traffic Calming Policy February 2021 Page 11 of 17
Legend:
5 – traffic calming measure may be appropriate
3 – caution; traffic calming measure could be inappropriate
1 – traffic calming measure is likely inappropriate
2. Horizontal Deflection 5
2.1 Lateral Shift 6
A lateral shift is a realignment of an otherwise straight street that causes travel lanes to shift in
at least one direction. A typical lateral shift separates opposing traffic through the shift with the
aid of a median island.
Appropriate in a variety of road types and settings. The maximum appropriate speed limit is
typically 35 mph. Lateral shifts are applicable only in mid-block locations and it may require
removal of some on-street parking.
The expected level of speed reduction is a function of the amount of the lateral shift and the
angle of deflection. A lateral shift of at least one-lane width and an angle of deflection of at least
45 degrees is a common target.
Figure 3 – Lateral shift example, City of Sparks Public Works: Traffic Division, Reno, NV
5 FHWA Traffic Calming ePrimer
6 ITE Traffic Calming Fact Sheet, Lateral Shift
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Neighborhood Traffic Calming Policy February 2021 Page 12 of 17
2.2 Chicanes
A chicane is a variation of a lateral shift that shifts alignments more than once. The chicane curves
can be created with a curb extension that alternates from one side of the street to the other. A
chicane-like effect can also be achieved by alternating on-street parking from one side of the
street to the other.
Figure 4 – Chicane Schematic, Delaware Department of Transportation
3. Vertical Deflection7
3.1 Speed Tables
Speed tables are midblock traffic calming devices that raise the entire wheelbase of a vehicle to
reduce its traffic speed. Speed tables are usually between 3 and 4 inches in height, wider than
speed humps and flat-topped. The longer longitudinal depth in the direction of travel enables
comfortable and safe vehicle operating speeds that are faster than for a speed bump. Vehicle
operating speeds for streets with speed tables range from 25–45 mph, depending on the design.
8
7 FHWA Traffic Calming ePrimer
8 NACTO; https://nacto.org/publication/urban-street-design-guide/street-design-elements/vertical-speed-control-
elements/speed-table
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Neighborhood Traffic Calming Policy February 2021 Page 13 of 17
Figure 5 – Speed table example (source: www.pedbikeimages.org)
3.2 Offset Speed Tables
An offset speed table is a speed table split down through the centerline of the street with the
two halves separated longitudinally. The offset tables enable an emergency response vehicle to
bypass the speed tables by travelling in the opposing traffic lane for a short distance. This
maneuver removes most of the emergency vehicle delay associated with a standard speed
table.
Figure 6 – Offset speed table example (source: Jeff Gulden)
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Neighborhood Traffic Calming Policy February 2021 Page 14 of 17
3.3 Raised Crosswalk
A raised crosswalk is a variation of speed table, where the speed table is marked and signed as
a pedestrian crossing. The 10-foot flat top on a typical speed table conforms to a desired
crosswalk width.
Figure 7 – Raised crosswalk example (source: Vision zero for the youth)
4. Street Width Reduction
4.1 Corner/ Curb Extension
A corner extension is a horizontal extension of the sidewalk into the street, resulting in a
narrower roadway section. It is an effective method for narrowing pedestrian crossing distances
and increase pedestrian visibility. It can be used on a variety of street types, speeds and settings,
but adequate turning radii must be provided to use on bus routes. It can require drainage
modifications due to possible gutter realignment. Curb extension use must be cautious as it may
negatively impact snow removal operations and can lead to some parking loss. Curb extensions
can achieve greater speed reductions if combined with vertical deflection.9
9 ITE Traffic Calming Fact Sheet, Corner Extension/ Bulb-out
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Neighborhood Traffic Calming Policy February 2021 Page 15 of 17
Figure 8 – Curb extension example, corner of Spring St. and Main St., Aspen
4.2 Choker
Choker are curb extensions in mid-block locations.
Figure 9 – Choker example (source: Dan Burden)
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Neighborhood Traffic Calming Policy February 2021 Page 16 of 17
5. What is not a Traffic Calming Measure?10
5.1 Enforcement
Increasing enforcement is not a long-lasting traffic calming measure. Compliance is only
improved when police is present and it is not feasible to have enforcement in an area on a
continuous basis.
5.2 Speed Limit Signs
Engineering studies show that speed limit signs are not the most significant factor influencing
driver speeds and that changing posted speed limits, has only a minor effect on driver behavior.11
Research indicates that a reasonable driver will drive the speed suggested by roadway and traffic
conditions, to the extent of disregarding the posted speed limit. A speed limit that is unrealistic
invites the majority of drivers to disregard posted speeds.
5.3 Stop Signs
It seems like an obvious, inexpensive way to reduce vehicle speeds.
However, what seems to be a perfect solution can create a less desirable
situation. When stop signs are used as “nuisances” or “speed breakers”,
there is a high incidence of drivers intentionally violating the stop. When
vehicles do stop, the speed reduction is effective only in the immediate
area of the stop sign, since a large percentage or motorists then increase
their speed to make up for lost time. This results in increased mid-block
speeds. For these reasons, we do not use stop signs for speed control
solutions. Instead, they are used to improve safety at intersections where
traffic volumes or accidents require their installation.
5.4 Children signs
Some parents believe that the safety of their children playing in or
near the street can be enhanced through the installation of “Slow
- Children” or “Children at Play” signs. Traffic studies have shown
that “Children at Play” signs do not increase a driver’s attention to
the point of reducing vehicles speeds or reducing pedestrian
accidents. In fact, placement of these signs can increase the
potential for accidents by conveying to children and parents a
sense of a protected area, which does not exist and cannot be
10 City of Mukilteo, Traffic Calming Program
11 FHWA, Effects of Raising and Lowering Speed Limits on Selected Roadway Sections, January 1997
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Neighborhood Traffic Calming Policy February 2021 Page 17 of 17
guaranteed.12 For these reasons, the City does not install these types of signs, and instead
encourages parents to find alternative play areas for children, such as a backyard or local park.
12 ITE publication, Traffic Control Devices Handbook
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Neighborhood Traffic Calming PolicyUpdate and AdoptionTrish Aragon P.E., Pete Rice P.E., Raquel Flinker P.E. & Carly McGowan E.I.T.February 1st, 202137
Neighborhood Traffic Calming Policy• Process for speeding concerns • Citizens are actively involved• Utilized by Pedestrian and Bicycle Safety Team (PABST)• Revision to the 2018 version• Traffic Calming Policies in other cities used as reference for update238
Pedestrian and Bicycle Safety TeamEngineeringParkingEnv. HealthParksTransportationStreetsPolice339
Goals of Revision1. Develop a clear process for addressing vehicle speed concerns2. Produce an understandable document to refer community members to3. Clearly delineate traffic calming issues from safety issues4. Develop a mechanism to implement traffic calming measures consistently throughout the City440
Scope of the Policy• Speeding concerns follow the proposed Neighborhood Traffic Calming Policy• Other bike and pedestrian requests are handled by PABST and follow the Pedestrian/Bicycle and Transportation Policy 541
Policy Process642
Notification of Issue & Data CollectionEvaluationSolution Testing & OutreachApproval & Implementation743
Evaluation844
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered945
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered1046
Traffic Calming Threshold Ranking Table1147
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered1248
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered1349
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered1450
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered1551
EvaluationStep 4 –Evaluation of issueSpeeding threshold triggeredTraffic calming threshold triggeredBoth thresholds triggered1652
Notification of Issue & Data CollectionEvaluationSolution Testing & OutreachApproval & Implementation1753
Solution Testing & Outreach1854
Notification of Issue & Data CollectionEvaluationSolution Testing & OutreachApproval & Implementation1955
Approval & Implementation2056
Staff Recommendation1. A trial period of one year for this policy where staff tests out the process and collects feedback from the community. 2. After the trial period, Staff will return to Council with a final version of the policy for adoption via a City ordinance. 2157
Questions?2258
1
MEMORANDUM
TO: Mayor and City Council
FROM : Carly McGowan, Engineering Department, Project Manager
Brian Long, Parks Department, Trails Manager
THRU: Pete Rice P.E., Engineering Division Manager
Trish Aragon P.E., City Engineer
Austin Weiss, Parks and Open Space Director
DATE OF MEMO: January 29th, 2021
MEETING DATE: February 1st, 2021
RE: Lake Avenue Ped-Bikeway
REQUEST OF COUNCIL:
Provide guidance on staff’s recommendation for the implementation of a new segment of
ped-bikeway as it is recommended in the Bicycle and Pedestrian Master Plan.
SUMMARY AND BACKGROUND:
On September 24, 1990, the City of Aspen created a Pedestrian and Bicycle Master Plan
with several goals. Those goals included reducing use of automobiles downtown,
increasing use of pedestrian and bicycle routes for commuting, and providing recreational
opportunities, increased safety for users throughout the system, and enhanced year-
round use.
In 2014 and 2015, staff worked to create an updated Bicycle & Pedestrian Master Plan.
Staff assembled an existing conditions map and undertook a comprehensive public
survey process that resulted in over 100 potential improvement projects within the
community. This information was distilled down to a final map and a set of proposed
improvements to the bicycle and pedestrian infrastructure. During this master planning,
staff reviewed documents such as the Aspen Area Community Plan, Aging Well in Pitkin
County, and City of Aspen Civic Master Plan to help ensure these proposed
improvements were in-line with the community vision.
The final Master Plan map, which came to fruition based on public outreach and
community vision, shows the key connections that the City can implement to strengthen
the bike-ped system throughout town. One of these key connections is the Lake Avenue
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Ped-Bikeway, which would act as a north-south bicycle and pedestrian corridor in the
West End.
Since the completion of the Masterplan, the City has been implementing the execution
of the plan in phases. As a result, the City reached the goal of becoming a gold member
of the Bicycle Friendly Community in 2018. The inclusion of the north-south
connections will help improve the ratings for this national designation.
DISCUSSION:
Currently, the West End has an incomplete network of bicycle and pedestrian
infrastructure. Figure 1 below shows the existing facilities overlaid on top of the Master
Plan excerpt. The facilities include the Hallam St ped-bikeway, the Hopkins St ped-
bikeway, and the Fourth St pedway. While the east-west connection for bikers is strong,
the north-south connection is lacking.
In addition to the current network being incomplete, it is also inconsistent. The map shown
below in Figure 2 depicts the ‘Pedestrian Zone’ signage that has been implemented in
years past. While the zone is well-intentioned, it lacks clear delineation and a mechanism
for enforcement.
Figure 1. Excerpt of Bicycle and Pedestrian Master Plan shows existing pedestrian and bicycle
facilities in the West End.
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3
The City is continually working on improving the safe, interconnected network for bikers
and pedestrians based on the Masterplan. The next step in the process is the inclusion
of a north-south connection within the West End. This ped-bikeway, referred to as the
Lake Ave Ped-Bikeway, will serve as a connection for bikers and pedestrians to the Music
Tent, Physics Center, and Triangle Park. This important north-south connection will tie
into the greater ped-bike network as shown in Figure 3, increasing the number of
destinations that can be reached via bicycle or foot in the West End of Aspen safely. The
ped-bikeway would be installed permanently on a seasonal basis in Spring of 2021.
The proposed ped-bikeway will begin at the intersection of Hallam St and Garmisch St
near the Red Brick and will terminate at the intersection of North St and Fourth St at the
existing multi-use paved trail that runs along Fourth. To facilitate connection with the
Music Tent, staff will implement sharrows along Gillepsie St as highlighted in yellow in
Figure 3 and as proposed by the Bicycle and Pedestrian Master Plan.
Figure 2. Excerpt of Bicycle and Pedestrian Master Plan shows existing "Pedestrian Zone"
signage.
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In comparison to the existing signage that depicts the “Pedestrian Zone”, the proposed
ped-bikeway will clearly delineate the ped-bikeway by signs at each intersection while
also reducing and channelizing the existing “Pedestrian Zone” onto a single, clear route.
The “Pedestrian Zone” signage will no longer be implemented.
TRIANGLE PARK SAFETY MEASURES:
The proposed ped-bikeway also plays a role in improving the safety near Triangle Park.
Residents near Triangle Park neighborhood approached staff with safety and vehicle
speed concerns around the park. Engineering staff investigated the vehicles speeds in
the summer of 2020 and found that speeds in the area do not exceed the metric for
traffic calming measures.
Even though there is not a speeding issue in the area, because of the proximity of the
Park, the lack of pedestrian infrastructure, and the lack of sight lines between park
users and vehicles, staff agrees that safety measures may be necessary in this area.
Staff held a neighborhood huddle on August 24th, 2020 to discuss neighborhood
concerns and possible measures. Considering the data collected and the feedback from
the neighborhood meeting, staff has compiled a list of potential non-infrastructure
solutions that can be implemented in the area to increase safety. The Lake Avenue Ped
Bikeway will be the first piece to creating safer interactions between park users and
vehicles in this area.
Figure 3. Excerpt of Bicycle and Pedestrian Master Plan shows proposed pedestrian and bicycle
infrastructure in the West End.
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Following the implementation of the ped-bikeway, Engineering will monitor the safety of
Triangle Park and assess if additional measures or modifications are required.
FINANCIAL IMPACTS:
The financial impacts of implementing a Ped Bikeway include the installation and
maintenance of the signage and paint, in addition to the enforcement and monitoring of
the Ped Bikeway. No additional funding authority is needed to add signage, and the costs
for painting are covered by existing project budget authority.
ENVIRONMENTAL IMPACTS:
The City of Aspen is continuously working towards a more sustainable, environmentally-
friendly city, and the pedestrian and bikeway system supports that initiative. By installing
infrastructure for community members and visitors to comfortably and efficiently walk and
bike around town, vehicle trips are reduced. The environmental impact of the new
segment of proposed ped-bikeway is positive.
RECOMMENDATIONS:
Staff recommends that Council implement the new segment of proposed ped-bikeway on
North St, Lake Ave, First St, Francis St, and Garmisch St, as included in the Bicycle and
Pedestrian Masterplan.
CITY MANAGER COMMENTS:
63
Lake Ave Ped BikewayPete Rice, P.E., Engineering Division ManagerBrian Long, Trails Manager Carly McGowan, Engineering Project ManagerFebruary 1st, 202164
Bicycle and Pedestrian Master Plan•Created 1990, updated 2017•Proposed network of bicycle and pedestrian facilities•Rigorous public process prior to adoption•Implemented in phases65
Bicycle and Pedestrian Masterplan66
Existing West End FacilitiesHallam St Ped BikewayHopkins StPed BikewayFourth St PedwayWest End Ped‐Bike Facilities67
Proposed West End Facilities68
Triangle Park ConcernsTriangle Park69
Triangle Park SafetyNeighborhood ConcernData Collection Neighborhood OutreachNon‐infrastructure MeasuresAug 24, 2020 to discuss:•concerns•solutions•timelineSummer 2020:•Traffic counts•Traffic speeds•Observational data70
Triangle Park SafetyNeighborhood ConcernData Collection Neighborhood OutreachNon‐infrastructure MeasuresAug 24, 2020 to discuss:•concerns•solutions•timelineSummer 2020:•Traffic counts•Traffic speeds•Observational data71
Triangle Park SafetyNeighborhood ConcernData Collection Neighborhood OutreachNon‐infrastructure MeasuresAug 24, 2020 to discuss:•concerns•solutions•timelineSummer 2020:•Traffic counts•Traffic speeds•Observational data72
Triangle Park SafetyNeighborhood ConcernData Collection Neighborhood OutreachNon‐infrastructure MeasuresAug 24, 2020 to discuss:•concerns•solutions•timelineSummer 2020:•Traffic counts•Traffic speeds•Observational data73
Lake Ave Ped BikewayStaff Recommendation:•Implement the Lake Ave ped‐bikeway, per Bicycle and Pedestrian Masterplan74
1
MEMORANDUM
TO: Mayor and Council
FROM : Raquel Flinker, P.E., Project Manager II
THRU: Tricia Aragon, P.E., City Engineer
DATE OF MEMO: January 29, 2021
MEETING DATE: February 1, 2021
RE: Sidewalk Deferred Zones and Sidewalk Maintenance
REQUEST OF COUNCIL: City staff would like to inform Council on sidewalk deferred zones.
Additionally, Staff will ask Council for direction on proposed language to clarify sidewalk
maintenance.
SUMMARY: Staff will inform Council on the City’s Sidewalk Master Plan and will seek direction
on the clarification of Title 21 of the Municipal Code regarding responsibility to maintain, repair
and improve sidewalks, curbs and gutters.
SIDEWALK DEFERRED ZONES
BACKGROUND:
The City’s sidewalk master plan was updated in 2015 as part of the City’s Pedestrian Bike Plan.
The master plan excludes sidewalks in several areas. Refer to Attachment A.
DISCUSSION:
Property owners are required to install a sidewalk along street frontage adjacent to their
property, unless the area of the city is considered "Sidewalk Free" in accordance with the City
Sidewalk master plan. If no sidewalk is installed adjacent to the property, the City requires the
property owner to sign a sidewalk agreement. This agreement allows the city to complete the
missing link of sidewalk in the future with the property owner reimbursing the City for the
associated costs.
Sidewalks are an integral component of the City's pedestrian-friendly atmosphere. However,
the placement of sidewalks must be performed in a way that does not conflict with the City's
Urban Forest goals or the City’s ditches.
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2
FINANCIAL IMPACT:
Additional financial resources are to be determined.
ENVIRONMENTAL IMPACTS:
Greenhouse gas emissions are reduced with the addition of pedestrian infrastructure as it
encourages citizens to walk instead of using vehicles.
RECOMMENDATION:
The sidewalk master plan has been a valuable document for the City in guiding development
and improving our streets to make them pedestrian friendly. If Council is interested in revising
the City’s Sidewalk Master plan, Staff will come back to Council with a Master Plan Update
Project as part of the 2022 budget process.
CLARIFICATION OF TITLE 21 OF THE MUNICIPAL CODE
BACKGROUND:
There is a need to clarify Title 21’s language regarding the responsibility to maintain, repair and
improve sidewalks, curbs and gutters. Currently, the language in Title 21 leaves it ambiguous as
to whom is responsible for the maintenance of sidewalk, curbs and gutters adjacent to alleys.
DISCUSSION:
Staff recommends some minor language changes and the addition of Figures 1 and 2 to Sections
21.16.080, 21.28.220 and 21.32.02 (see Attachment B) to clarify the responsibility of repair,
maintenance and installation of sidewalks, driveways, curbs and gutters.
Figure 1 – Area of responsibility for sidewalks, driveways, curbs and gutters repair and snow maintenance
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Properties are responsible to maintain and repair adjacent sidewalks, curbs and gutters. Figure
1 clarifies the responsibility of the area adjacent to alleys.
Figure 2 – Area of responsibility for sidewalks, driveways, curbs and gutters replacement and/or new
installation
This figure clarifies the responsibility for replacement / new installation of sidewalks, driveways,
curbs and gutters in front of alleys. This is the best way to handle replacement due to drainage
and grading tie-in issues. This is our current practice and we want to ensure it is clear to the
community.
FINANCIAL IMPACT:
Additional financial resources are not required at this time.
ENVIRONMENTAL IMPACTS:
Environmental impacts are not anticipated.
ALTERNATIVES:
The alternative to having the property owners maintain, repair and improve this infrastructure
is to shift this responsibility to the City. If this direction is taken, further discussion and planning
with various City departments is needed to quantify capital costs, supplemental staffing and
equipment costs and other potential impacts.
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RECOMMENDATION:
Staff recommends adoption, at a future regular Council meeting, of an ordinance clarifying that
it is the responsibility of the properties along the alleys to maintain, repair and improve
pedestrian and drainage infrastructure adjacent to alleys.
CITY MANAGER COMMENTS:
ATTACHMENT A – Sidewalks and Sidewalk Deferred Zones
ATTACHMENT B – Title 21 Clarifications
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Attachment A. Sidewalks and Sidewalk Deferred Zones
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Attachment B. Title 21 Clarifications
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TITLE 21
Chapter 21.04
GENERAL PROVISIONS
Sec. 21.04.010. Definitions.
For the purposes of this Title, certain words or phrases are defined as follows:
Alley. A public way having less width than a street and designated for access to the rear of
buildings or improvements.
Curb cut. That portion of the street curb or roadway frontage which abuts a driveway.
Driveway. That portion of the sidewalk area which is improved, designed or ordinarily used for
vehicular access to property abutting the street.
Emergency. Any event which may threaten public health or safety, or that results in an interruption
in the provision of service, including but not limited to damaged or leaking water or gas conduit
systems, damaged, plugged or leaking sewer or storm drain conduit systems, damaged electrical and
communications facilities, or as otherwise recommended by the City Engineer and approved by the City
Manager.
Engineering Standards. Engineering Standards adopted pursuant to Title 29.
Pavement and/or paved improvements. The term shall include any improvement constructed of
asphalt concrete, seal and chip, concrete or similar impervious wearing surface, including but not
limited to roadway, sidewalk, curb, gutter and similar improvements.
Public right-of-way. Any public way or public thoroughfare dedicated or devoted to public use,
including street, highway, road, alley, lane, court, boulevard, sidewalk, public square, mall or like
designation.
Roadway. That portion of a street improved, designed or ordinarily used for vehicular traffic.
Sidewalk. That portion of the sidewalk area which is paved with an all-weather surfacing for use
by pedestrians.
Sidewalk area. That portion of a street between the curb line or the lateral line of a roadway and
the adjacent property line, intended for the use of pedestrians and including the terms border area,
parkway, park strip, planting strip and like designations.
Street. A public way for vehicular traffic, including roadway and sidewalk area, being the entire
width from property line to property line dedicated or devoted to public use, and including the terms
highway, road, place, avenue or other like designations.
Street improvement. The term shall include roadway/alley paving, sidewalks, driveways, curbs,
gutters, street lights, street signs, traffic signs and signals, storm sewers, culverts, bridges and drainage
appurtenances and similar items. (Code 1971, §19-1; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.020. Certain ordinances relating to streets not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall be construed as repealing or otherwise
affecting the validity of any ordinance:
(a) Dedicating, accepting, naming, establishing, locating, relocating, opening, paving, widening,
improving or vacating any street or other public way in the City.
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(b) Establishing or prescribing grades for streets or street improvements in the City.
All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out
in full herein. (Code 1971, §19-2; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.030. House numbering; required.
All lots, buildings and structures in the City shall be numbered in accordance with the following plan:
(a) North numbers shall commence on the north property line of Main Street.
(b) South numbers shall commence on the south property line of Main Street.
(c) East numbers shall commence on the east property line of Garmisch Street.
(d) West numbers shall commence on the west property line of Garmisch Street.
(e) Even numbers shall be on the east and north sides of the streets.
(f) Odd numbers shall be on the south and west sides of the streets. (Code 1971, §19-3; Ord. No.
30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.040. Site map.
The Building Inspector shall keep a map showing the proper street number of every building site in the
City, which shall be open to inspection to any interested person. (Code 1971, §19-4; Ord. No. 30-1975, §1;
Ord. No. 15, 2007, §1)
Sec. 21.04.050. Occupancy of or construction within a public right-of-way prohibited without
encroachment license or permit.
(a) No person shall occupy, construct, place or maintain within any public right-of-way any
building, structure or appurtenance, fence, tree, vegetation or other obstruction without first having obtained
an encroachment license from the City Engineer.
(b) It shall be unlawful for any person to undertake any construction or repair within or dig up, open,
disturb, grade, excavate, or otherwise alter any public right-of-way or use, occupy, or stage construction
materials in any public right-of-way in the City without first having obtained a permit or license for such work
from the City Engineer. A separate permit shall be required for each construction or excavation project.
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(c) Nothing contained in this Section shall be construed to apply to improvements or activities
undertaken within a public rights-of-way by the City, its employees or agents, the placement of temporary
safety barricades or structures around excavations, construction within a public right-of-way or the
placement of other devices or structures that may be required to be placed in a public right-of-way by reason
of state or federal law or regulation. (Code 1971, §19-5; Ord. No. 30- 1975, §1; Ord. No. 68-1975, §1; Ord.
No. 41-1985, §1; Ord. No. 11-1992, §1; Ord. No. 77-1992, §8; Ord. No. 15, 2007, §1. Ord. No. 31-2008)
Sec. 21.04.060. Temporary construction within public right-of-way restricted.
Temporary guardrails, pedestrian walkways, protective canopies, field offices and similar items shall
not be constructed on public right-of-way without prior approval of the City Engineer. (Code 1971, §19-6;
Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.070. Temporary storage of merchandise on public right-of-way restricted.
It shall be unlawful for any person receiving or delivering merchandise, commodities or construction
materials within the City to place, keep or suffer to be kept upon public rights-of-way any such merchandise,
commodities or construction materials without the approval of the City Engineer. (Code 1971, §19-7; Ord.
No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.080. Obstruction of ditches and gutters prohibited.
No person shall obstruct or damage in any manner any ditch, gutter, drain, catch basin, culvert or other
drainage improvement within public rights-of-way or under control of the City. (Code 1971, §19-8; Ord. No.
30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.090. Dangerous openings in streets.
No person shall leave or keep open any cellar door, pit, vault, manhole or other subterraneous opening
on any street, alley, sidewalk or other public way, or keep such opening in an unsecured condition so that
vehicles, persons or animals will be in danger of sustaining injury or damage. (Code 1971, §19-9; Ord. No.
30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.100. Obstructing excavations, construction or repairs prohibited.
It shall be unlawful for any person to hinder or obstruct any excavation or the construction or repair of
any paving, sidewalk, curb, gutter, drainage improvement, utility or other street improvements performed
pursuant to the provisions of this Title. (Code 1971, §19-10; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.110. Damage, removal, etc., of safety barricades or devices prohibited.
It shall be unlawful to damage, displace, remove or interfere with any barricade, warning light or other
safety appliance or device which is lawfully placed around or about any excavation or other street
improvement construction in any street, alley, sidewalk or other public right-of-way. (Code 1971, §19-11;
Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
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Sec. 21.04.120. Draining water onto public right-of-way restricted.
No person shall drain water from any swimming pool, therapy pool, cistern, pond or similar
improvement onto a public right-of-way without approval of the City Engineer and Street Superintendent.
(Code 1971, §19-12; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.130. Reserved.
Chapter 21.08
DEPARTMENT OF STREETS AND ALLEYS
Sec. 21.08.010. Creation.
There is hereby created and established a department of streets and alleys of the City for the purpose of
providing the necessary street and alley construction and maintenance services required by the City. (Code
1962, §3-8-1; Ord. No. 8-1969, §2; Code 1971, §19-26)
Charter reference—Authority to establish departments, §6.9.
Sec. 21.08.020. Composition, direction and control.
The Street and Alley Department of the City shall be under the direction and immediate control of the
Street Superintendent, who may appoint an assistant street superintendent and all necessary employees as may
be authorized. The Street Superintendent shall be responsible for the acts of all employees so appointed.
(Code 1962, §3-8-2; Ord. No. 8-1969, §3; Code 1971, §19-27)
Sec. 21.08.030. Street Superintendent; appointment and removal.
The Street Superintendent shall be appointed by and be responsible to the City Manager and his or her
appointment shall continue during satisfactory service at the pleasure of the City Manager. (Code 1962, §3-8-
3; Ord. No. 8-1969, §4; Code 1971, §19-28)
Sec. 21.08.040. Same; qualifications.
The Street Superintendent shall be appointed on the basis of his or her supervisory and technical
qualifications with special reference to his or her actual experience in and his or her knowledge of the
functions and duties of his or her office as set forth in this Chapter. (Code 1962, §3-8-4; Ord. No. 8-1969, §5;
Code 1971, §19-29)
Sec. 21.08.050. Same; functions and duties.
The Street Superintendent shall be a department head of the City. His or her functions and duties shall
be as follows:
(1) Prepare recommendations, progress reports and work programs as required.
(2) Prepare and submit annual department budget requests.
(3) Supervise, inspect, review and approve the construction and repairs of all city streets and
alleys.
(4) Purchase and approve the purchase of departmental materials, supplies and equipment.
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(5) The Street Superintendent shall preserve all records, plans, maps, notes, surveys, books, papers,
documents, supplies and equipment pertaining to his or her office. In the event of resignation or removal
from office they shall be delivered to his or her successor in office or to the City Manager.
(6) Prepare daily work schedules for employees, assign all equipment to projects.
(7) Train or assign subordinate employees in training of new employees.
(8) Coordinate interdivisional and interdepartmental work programs with other supervisors during
special project assignment.
(9) The Street Superintendent shall perform such other duties as may be prescribed by law or
required of him by ordinance or by direction of the City Manager. (Code 1962, §3-8-5; Ord. No. 8-
1969, §6; Code 1971, §19-30)
Chapter 21.12
OCCUPANCY, CONSTRUCTION AND EXCAVATION WITHIN PUBLIC RIGHT-OF-WAY
Sec. 21.12.010. Permit required.
(a) Any person seeking an encroachment license or construction permit for any occupancy, construction or
excavation within public right-of-way must submit an application on forms provided by the City
Engineer, accompanied by an administrative fee in an amount prescribed by Subsection 2.12.050(e)
of this Code. The City Engineer may specify the terms and conditions under which any
encroachment license is to be issued so as to protect the best interests of the City. All
encroachment licenses granted under this Section whether delineated as temporary or permanent
shall be revocable by the City with or without cause at any time.
(b) A separate permit shall be required for each construction or excavation project.
(c) As a general policy, it is not in the City’s interest to grant permanent encroachments, thereby
providing public property for private use. New and existing structures should be able to accomplish
their various needs within the confines of their property boundaries and required setbacks.
(d) All right-of-way permit and encroachment license applications shall comply with the most current
edition of the Engineering Standards for work in the public rights-of-way. All encroachment
licenses or construction permits granted under this Section whether delineated as temporary or
permanent shall be revocable by the City with or without cause at any time.
(Code 1971, §19-46; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15,2007,
§2; Ord. 31-2008; Ord. No. 43-2013)
Sec. 21.12.020. Application.
All right-of-way permit and encroachment license applications shall comply with the most current
edition of the Engineering Standards for work in the public rights-of-way. Application for a right-of-way
permit or encroachment license, either temporary or permanent, shall be made no later than one (1) week
prior to the planned commencement of the work. The applicant must have a valid builder's or excavating
license issued by the City of Aspen/Pitkin County Building Department. The City Engineer may allow the
permittee to obtain a permit or license sooner than one (1) week prior to the planned commencement of the
work if the scope of work is deemed to be minimal. Emergency situations will be exempt; however a permit
must be obtained as soon as is possible and no later than the next business day.
(Code 1971, §19-47; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15,
2007, §2; Ord. No. 31-2008)
Sec. 21.12.030. Plans and specifications required for construction.
No permit for construction within any City right-of-way shall be issued until plans have been submitted 86
to and approved by the City Engineer. (Code 1971, §19-48; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord.
No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.040. Fees and bonding.
No permit shall be issued unless the applicant has first signed the required agreement, paid the required
fees and filed the appropriate bond as follows:
(a) An indemnity and hold harmless agreement as approved by the City Attorney.
(b) A permit fee in an amount prescribed by Subsection 2.12.050(e) of this Code.
(c) A maintenance bond in an amount equal to the total cost of construction, including labor and
materials, or two thousand five hundred dollars ($2,500.00), whichever is greater. The maintenance
bond shall guarantee that the material and equipment are furnished and used, and the workmanship
employed in the performance of the work described in the right-of-way permit will be of such character
and quality as to ensure it to be free from all defects and in continuous good order and in a condition
satisfactory to the City Engineering Department for a period of two (2) years from the date of issuance
of the final inspection log, indicating one hundred percent (100%) satisfactory completion of the work.
The maintenance bond shall be noncancelable for two (2) full years from the date of issuance of
satisfactory completion.
(d) The applicant may request to substitute a maintenance bond with a letter of credit or cash-in-
lieu payment contingent upon approval of the City Engineer.
(e) If the City must replace the improvements within two (2) years of acceptance of the work, the
City shall execute the maintenance bond or letter of credit. This will encourage the contractor to take
the initiative to replace the defective improvements. The City will not replace improvements unless the
contractor chooses not to replace them. (Code 1971, §19-49; Ord. No. 30-1975, §1; Ord. No. 11-1977,
§1; Ord. No. 88-1979, §1; Ord. No. 37-1985, §1; Ord. No. 20-1990, §1; Ord. No. 77-1992, §9; Ord. No.
15, 2007, §2)
Sec. 21.12.050. Permittee may replace paved improvements.
For construction and excavation in paved areas, the permittee may elect, subject to the approval of the
City Engineer, to replace the defective paved improvements in lieu of having the maintenance bond executed.
The pedestrian mall brick pavement area shall be reconstructed under the supervision of the Parks Director.
Where bricked or other specialized sidewalks are encountered outside of the pedestrian mall, the permittee
shall undertake complete restoration of the surface. All bricks or other specialized sidewalk materials shall be
removed with care and stockpiled for reuse if at all possible. The replacement of the paved improvements
shall be in accordance with all City specifications and subject to inspections and final approval by the City
Engineer (see excavation and construction standards). (Code 1971, §19-50; Ord. No. 30-1975, §1; Ord. No.
11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.060. Licensing and insurance required.
All permittees under this Chapter must be licensed and insured pursuant to Chapter 8.12. (Code 1971,
§19-51; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.070. Conditions and special requirements for issuance.
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Permits under this Chapter shall be issued subject to all the regulations and specifications in Sections
21.12.120 through 21.12.390 of this Chapter, the City's Engineering Standards and any special requirements
that the City Engineer deems necessary in order to maintain the health, welfare, safety and convenience of the
public. (Code 1971, §19-52; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord.
No. 15, 2007, §2; Ord. No. 43, 2013)
Sec. 21.12.080. Change in scope of work; duty to notify.
If there is any change in the scope or extent of the work described in the approved right-of-way permit,
the permittee shall immediately notify the City Engineer before proceeding. (Code 1971, §19-53; Ord. No. 30-
1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.090. Issuance of permit in certain months restricted.
No permit required by this Chapter shall be issued for any construction or excavation within any City
right-of-way for the period from November 1 through March 31, except in case of an emergency. In addition,
from June 1 through Labor Day weekend for the Commercial Core and Main Street Corridor, no construction
or excavation within any City right-of-way will be permitted except in case of an emergency.
(Code 1971, §19-54; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 46-1989, §1; Ord. No. 20-
1990, §1; Ord. No. 15, 2007, §2; Ord. 31-2008)
Sec. 21.12.100. Permit to be kept and exhibited at site.
The permit required by this Chapter shall be kept at the site of the excavation while the work is in
progress and shall be exhibited upon request to the City Engineer or any police officer. (Code 1971, §19-55;
Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.110. Record keeping required.
The City Engineer shall keep a record of all permits issued. (Code 1971, §19-56; Ord. No. 30-1975, §1;
Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.120. Street closures not permitted.
Street closures are not permitted. The City Engineer may permit lane closures. When lane closures are
permitted, the applicant must:
(a) Verify the closure specified on the permit with the Engineering Department, the School District
and the Roaring Fork Transit Authority (RFTA) at least one (1) week in advance.
(b) Notify the Aspen Communication Center at (970)920-5310 one (1) day prior to closure and at
the time of re-opening.
(c) Set and maintain, at the applicant's expense, necessary barricades, flashers, construction signs
and flaggers; and take all necessary precautions in accordance with the Manual on Uniform Traffic
Control Devices (MUTCD).
(d) Hours of work will be in compliance with Title 18 or Title 8 or both. Utility work must be
completed between 7:00 a.m. and 5:00 p.m., Monday through Friday and between 9:00 a.m.
and 5:00 p.m. on Saturday, unless approved otherwise by the City Council.
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(Ord. No. 15, 2007, §2; Ord. No. 31-2008)
Sec. 21.12.130. Limitations on use of public streets, alleys and sidewalks for construction materials.
(a) Purpose. It shall be the purpose of this Section to regulate the use of public streets, alleys and
sidewalks for construction material storage and placement of pedestrian barricades. This regulation is intended
to ensure adequate snow removal in City streets, alleys and sidewalks, allow for safe flow of pedestrian
and vehicular traffic and maintain the image of the City as a resort community, while also accommodating
construction activity.
(b) Definitions.
Construction material storage means parking of construction trailers or construction equipment,
storage of construction materials for any purpose related to the construction activity.
Pedestrian barricades means any structure authorized by the City Engineer to permit the safe
passage of pedestrians past construction sites.
Paved street means that portion of the right-of-way between curbs or drainage swales.
Sidewalk means that portion of the right-of-way between a curb or drainage swale and a property
line.
Staging means any construction related activity that lasts less than one working day.
(c) Limitations.
(1) The following limitations shall be enacted on the use of the public right-of-way during the
period of November 1 to March 31:
a. Storage of construction materials shall be prohibited in all paved streets, alleys and
sidewalks in the City.
b. Placement of pedestrian barricades shall be prohibited in all paved streets and alleys in the
City.
c. Placement of pedestrian barricades shall not be permitted in sidewalks in the City Core.
(2) The following limitations shall be enacted on the use of the public right-of-way during the
period of April 1 to June 1 and Labor Day to November 1:
a. Storage of construction materials shall be prohibited in all paved streets, sidewalks and
alleys in the City.
b. Placement of pedestrian barricades shall be permitted in paved streets, alleys and
sidewalks in the City by obtaining a temporary revocable encroachment license from the City
Engineer.
(3) The following limitations shall be enacted on the use of the public right-of-way during the
period of June 1 through Labor Day:
a. Storage of construction materials shall be prohibited in all paved streets, sidewalks and
alleys in the City.
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b. Placement of pedestrian barricades shall be prohibited within the Commercial Core and
Main Street Corridor.
c. Placement of pedestrian barricades shall be permitted in paved streets, alleys and
sidewalks in the City by obtaining a temporary revocable encroachment license from the City
Engineer.
(4) Exceptions.
a. The City Engineer or City Council may make exceptions to this Section when special
circumstances are present where strict compliance of these regulations would jeopardize the public
safety or the expeditious continuation of the project and granting the exception is in the public
interest.
b. Construction staging may occur with limited activities and limited work hours.
(d) Permits.
(1) The City Engineer shall have the sole responsibility for issuance of permits and licenses
pursuant to this Section. Reserved construction parking permits shall comply with Section 24.16.240.
(2) In determining whether to issue a permit, the City Engineer shall consider the following:
a. For the placement of pedestrian barricades in the public right-of-way, the applicant shall
demonstrate that the barricade: cannot be functionally located on private property; provides for
safe passage of pedestrians according to International Building Code Chapter 33 and City Engineer;
will be maintained in a usable, safe and attractive manner; and is located so as to minimize
the loss of public parking spaces to the extent practicable.
b. For the storage of construction materials in City rights-of-way, the applicant shall:
demonstrate that the materials cannot be functionally located on private property; provide a
pedestrian walkway to replace the sidewalk when it is blocked by construction materials; and
ensure that the period of storage is the minimum necessary to accomplish necessary construction
activities.
(Code 1971, §19-57; Ord. No. 12-1988, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2;
Ord. No. 31-2008)
Sec. 21.12.140. Limitations to soil stabilization methods.
As a general policy, it is not in the City’s interest to grant permanent encroachments, thereby providing public
property for private use. New and existing structures should be able to accomplish their various needs within
the confines of their property boundaries and required setbacks. Variances from this requirement may be
granted by the City Engineer or City Council. Criteria which may be considered by the City Engineer for
granting a variance from this requirement include, but are not limited to:
1. Encroachments into the right-of-way associated with soil earth retention (pilings, soils nails, etc)
may be authorized by the City Engineer under the following proposed regulations which include,
but are not limited to:
a. The associated structure is commercial or mixed commercial/residential
b. The applicant must prove extenuating circumstances preclude using other methods of
stabilization that can be contained entirely within project property boundaries.
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c. The earth retention fixture is sacrificial and can be removed after subsequent structural
elements are completed.
d. The earth retention structure does not extend past the back of curb of any abutting
roadway or into the driving surface of any alley and is installed 5’ below any utilities.
e. In no circumstance shall any encroaching fixture be within the first 7’ below grade.
f. The applicant shall pay a fee in accordance with section 2.12.051of the Municipal Code.
The fee will encompass the total horizontal and vertical extent of the appurtenance
measured from the property line and shall be in effect for the duration that the
appurtenance is in service for its intended use.
2. Encroachments into the right-of-way associated with public infrastructure improvements that
provide a public benefit.
(Ord. No. 15, 2007, §2; Ord. No. 31-2008)
Sec. 21.12.150. Construction and excavation subject to inspection.
All work requiring a permit pursuant to the provisions of this Chapter shall be subject to inspection, in
compliance with City codes, at all times by the City Engineer. It shall be unlawful to obstruct or hinder any
lawful inspection. It is the responsibility of the applicant to contact the Engineering Department twenty-four
(24) hours in advance of the construction schedule for required inspections. The applicant must explain all
existing conditions and proposed work on the permit application form. All inspections must be scheduled
during regular office hours at City Hall, which are from the hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, excluding holidays.
Field tests of construction materials shall be required by the Engineering Department to ascertain compliance
with specifications. An independent testing firm must make tests, and the applicant shall pay all testing and
re-testing expenses. A written copy of all test reports must be submitted to the Engineering Department within
twenty-four (24) hours following completion of field and laboratory material tests (see construction and
excavation standards). (Code 1971, §19-69; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.160. Time limitations for excavations.
No excavation shall be left open overnight. In the event of unforeseen extenuating circumstances, a
permittee may apply for an extension to this limitation and, after investigation, the City Engineer may grant
such an extension if the reasons and circumstances justify an extension (see construction and excavation
standards). (Code 1971, §19-70; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No.
15, 2007, §2)
Sec. 21.12.170. Emergency access required.
No construction shall be performed or excavation made in such manner as to prohibit access by
emergency vehicles to any building, structure or dwelling unit abutting the street or public right-of-way. It
shall be the responsibility of the permittee to notify the Police Department when any construction or excavation
obstructs the roadway from sunset to sunrise. ( Code 1971, §19-71; Ord. No. 30-1975, §1; Ord. No. 11-1977,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.180. Safety measures and barricades required.
(a) It shall be unlawful for any person to perform any work requiring a permit pursuant to the
provisions of this Chapter without providing sufficient warning lights and safety barricades or fencing around
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the construction or excavation from sunset to sunrise to prevent persons, animals and vehicles from sustaining
injury or damage.
(b) From sunrise to sunset, safety barricades or fencing shall be maintained but warning lights are not
required.
(c) Flagmen, signals, special traffic signing, walkways, ramps, canopies or other similar safety
precautions shall be required when the City Engineer deems necessary in order to maintain the health, welfare,
safety and convenience of the public, and shall conform to current MUTCD guidelines.
(d) All state laws, provisions of this Code or other City ordinances dealing with measures for the safety
of workmen and the public shall be observed by permittees in addition to any regulations contained in this
Chapter (see construction and excavation standards). (Code 1971, §19-72; Ord. No. 30-1975, §1; Ord. No. 11-
1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.190. Protection of street improvements, utilities and adjacent property.
Any person performing any work requiring a permit pursuant to the provisions of this Chapter shall
provide shoring, bracing, piling or other necessary devices and shall use the necessary precautions to protect
street improvements, utilities and adjacent property from damage or disturbance. It shall be the responsibility
of the permittee to obtain the location of any underground utilities (see construction and excavation standards).
(Code 1971, §19-73; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.200. Responsibility to protect street improvements, utilities or property and report their
damage.
It is the responsibility of the permittee to sustain, secure and protect any pipes, poles, mains, cables,
street improvements or property from damage or disturbance that was not previously authorized. If damage
occurs, the permittee shall immediately notify the City Engineer and the affected utility. (Code 1971, §19-74;
Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.210. Removal of paved improvements.
All cuts in asphalt shall be made in a neat manner by saw-cutting, rotomilling or other approved method
which assures cuts with square edges and straight lines to the required depth of cut. Asphalt pavement cuts
shall be such that no longitudinal joint lies within the wheel track. All cuts in concrete shall be sawed; and
sidewalk, curb and gutter shall be removed to the nearest joint if, in the opinion of the City Engineer, the
portion otherwise remaining would be too small to function satisfactorily. Additional mall brick pavement
structure shall be removed to allow at least one (1) foot of exposed subgrade on all sides of the excavation to
ensure proper restoration of the surface. Mall bricks shall not be cut, but shall be removed from the brick
pattern intact and stockpiled for reuse. Damaged bricks shall not be reinstalled but must be replaced in
accordance with the fee schedule in Section 21.12.040 of this Chapter (see construction and excavation
standards). (Code 1971, §19-75; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.220. Disposal and handling of excavation material.
All excavated material shall be removed from the site and disposed of by the permittee as the excavation
is made when the City Engineer deems it necessary due to traffic or other conditions. Any excavated material
not removed immediately shall be stockpiled in a location approved by the City Engineer. (Code 1971, §19-
76; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
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Sec. 21.12.230. Backfill.
All backfill shall be free from muck, debris, paving, frozen material or organic matter and shall be
placed uniformly and at optimum moisture content for the required density. Compaction shall be by mechanical
tamping unless water jetting or flooding is specifically approved by the City Engineer. The completed and
compacted backfill shall project slightly in a rounded surface above the original grade except where a
temporary patch is required. For excavations less than one hundred (100) cubic yards, the permittee may
backfill with controlled low strength material or flowfill if approved by the City Engineer. All backfill material
and compaction shall be subject to inspection by the City Engineer and shall meet all City standards (see
construction and excavation standards). (Code 1971, §19-77; Ord. No. 30-1975, §1; Ord. No. 11-1977,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.240. Select backfill.
All excavations, cuts, openings or trenches shall be backfilled with imported material unless native
material is approved by the City Engineer (see Engineering Standards).
All trenches shall have a granular subbase or flowable backfill material, free from organic matter and
lumps or balls of clay, consisting of hard, durable particles or fragments of stone or gravel and a filler of
sand or other finely divided mineral matter. Subbase material shall be compacted and placed in lifts
compliant with City standards (see Engineering Standards). (Code 1971, §19-78; Ord. No. 30-1975, §1; Ord.
No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007,
§2; Ord. No. 43-2013)
Sec. 21.12.250. Cleanup of work site.
The permittee shall remove all excess excavated material, boulders, barricades, signs, supplies,
equipment, rubbish and debris from the work site within three (3) working days. The work site shall be left in
a neat and clean appearance. It is strongly recommended that the permittee take photos of the condition of the
site prior to excavation. In the event that the City cleans up for the permittee, if for any reason the maintenance
bond is inadequate to cover the cost of the work performed by the City or its contractor to clean the site, the
amount of such deficiency or damage shall be certified to the Finance Director, who shall collect the same
from the person to whom the permit was issued. No further permits shall be granted to that person or anyone
else on the person's behalf until the amount of such deficiency has been paid. (Code 1971, §19-79; Ord. No.
30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.260. Responsibility of permittee to provide patch.
Temporary or permanent asphalt patches shall be placed over all backfill for excavations within paved
roadways within twenty-four (24) hours of trench backfilling. Whenever permanent patches are not constructed
within twenty-four (24) hours following trench backfilling operations, temporary pavement patches must be
placed to provide the required number of paved travel lanes. Temporary pavement patches may be left in
place for a maximum of five (5) working days following completion of backfilling operations unless otherwise
approved by the City Engineer. In paved improvements other than roadways, the temporary patch shall be
provided only when required by the City Engineer (see construction and excavation standards). (Code 1971,
§19-80; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.270. Maintenance of backfill and temporary patch.
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All backfill and any pavement or improvement shall be maintained in a satisfactory condition, and all
places showing signs of settlement shall be filled and maintained for a period of twenty-four (24) months
following the date of satisfactory acceptance. When the permittee is notified by the City Engineer that any
backfill, patch or paved improvement is hazardous, he or she shall correct such hazardous condition at once. If
the hazardous condition is not repaired within three (3) working days after notification, the City may elect to
repair the hazardous condition. The expense of such repair shall be the responsibility of the permittee. Repair by
the City will not release the permittee from responsibility for subsequent failures.
Backhoe equipment outriggers shall be fitted with rubber pads or other like protective material whenever
outriggers are placed on any paved surface. Tracked vehicles that may damage pavement surfaces shall not
be permitted on paved surfaces unless specific precautions are taken to protect the surface. The permittee
shall be responsible for any damage caused to the pavement by the operation of such equipment. Should the
permittee fail to make such repairs within three (3) days to the satisfaction of the City, the City may repair any
damage and charge the permittee.
Any utilities or paved improvements damaged by settlement shall be repaired at once by the permittee to
the satisfaction of the City Engineer. If the damage is not repaired within three (3) working days after
notification, the City may elect to repair the damage. The expense of such repair shall be the responsibility of
the permittee. Repair by the City will not release the permittee from responsibility for subsequent damage by
settlement.
In addition, the permittee shall be responsible for the cost to the City of all claims for damages made
and actions brought against the City for and on account of such damage. (Code 1971, §19-81; Ord. No. 30-
1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.280. Responsibility of City to replace paved improvements.
The City shall be responsible for replacing all paved improvements which are damaged or removed as
soon as practicable unless the permittee has elected to do so pursuant to Section 21.12.050 of this Chapter.
(Code 1971, §19-82; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.290. Compliance Required.
Any work performed which is not in strict conformity with this Chapter shall, within ten (10) days
after notice to the owner or person who performed the work, be made to conform to this Chapter at the
expense of the owner or responsible party, or the same shall be corrected or removed by the City at the
expense of the owner or responsible party (see Engineering Standards). (Code 1971, §19-83; Ord. No. 30-
1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007,
§2; Ord. No. 43-3013))
Sec. 21.12.300. Warranty period.
Any repaving, restoration or improvement shall be warranted by the permittee against all defects for a
period of two (2) years from the completion of such work. (Code 1971, §19-84; Ord. No. 20-1990, §2; Ord.
No. 15, 2007, §2)
Sec. 21.12.310. Termination of project if not expeditiously completed.
All work authorized by a permit shall be commenced at the time specified on the permit and shall be
diligently and continuously performed until completed, with a maximum allowable time of thirty (30) days. In
the event that weather, process of law or any other unexpected obstacles cause work to be stopped for so long
that public travel is unreasonably obstructed, the City Engineer may order the excavation refilled, compacted
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and repaved as if the work contemplated in the permit were actually completed. (Code 1971, §19-85; Ord. No.
20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.320. Repair to paved streets.
All excavated streets that contain a layer of paving fabric shall be replaced with paving fabric.
Specifications for the paving fabric may be obtained from the City Engineer (see construction and excavation
standards). (Code 1971, §19-86; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.330. Placement of ribbon in utility trenches.
All utility installations must have warning ribbon placed in the trench, eighteen (18) inches above the
cable, pipe or conduit. This applies to all exposed utilities. The tape may be obtained from the utilities. The
color of the tape shall be per industry standards. (Code 1971, §19-87; Ord. No. 20-1990, §2; Ord. No. 15,
2007, §2)
Sec. 21.12.340. Repaving.
In the case of excavations requiring repaving, the permittee shall follow all applicable City standards.
The City Engineer shall have sole discretion concerning the quality and acceptance of a paved improvement.
No certificate of occupancy shall be issued for a project that has unacceptable paved improvements or patches
(see Engineering Standards). (Code 1971, §19-88; Ord. No. 20-1990, §2; Ord. No. 15, 2007§2)
Sec. 21.12.350. Restrictions to protect pedestrian and vehicular traffic.
No opening or excavation shall be undercut or have a greater width at the bottom than the top. In no
case shall more than one-half (½) of the width of any street, alley or other public place be opened or excavated
at any one (1) time and, in all cases, one-half (½) of such street, alley or other public place shall remain
untouched for the accommodations of traffic until the other one-half (½) is restored for safe use unless
otherwise authorized by the City Engineer. All such work shall be performed in such a way as to cause
minimum inconvenience and restriction to the public and both pedestrian and vehicular traffic. (Code 1971,
§19-89; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.360. As-built drawings required.
After completion of an approved project, the applicant shall furnish a mark-up of the map showing all utilities
encountered during the excavation, their size, identification and location, based on swing ties to fixed
monuments such as manholes, streetlights, curbs and their depths below the surface of the street, alley or
sidewalk area. This mark-up shall also identify any new improvements made to the area, including but not
limited to utility connections, sidewalks, driveways, etc. These as-builts may also be submitted in a digital
format acceptable to the Engineering Department. (Code 1971, §19-90; Ord. No. 20-1990, §2; Ord. No. 54-
1995, §5; Ord. No. 15, 2007, §2; Ord. No. 43-2013)
Sec. 21.12.370. Excavation under existing curb, gutter and sidewalk.
If any excavation occurs under existing curb, gutter or sidewalk, that curb and gutter and sidewalk shall
be removed and replaced. The replacement shall be from the nearest concrete joint. The curb, gutter and
sidewalk must be replaced within seven (7) working days after the excavation is complete. The permittee may
bore under curb, gutter and sidewalk and not have to replace it if approved by the City Engineer (see
construction and excavation standards). (Code 1971, §19-91; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
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Sec. 21.12.380. Dust control.
It shall be the permittee's responsibility to control dust at the excavation site. Dust control measures
shall occur as often as necessary as determined by the City Engineer. (Code 1971, §19-92; Ord. No. 20-1990,
§2; Ord. No. 15, 2007, §2)
Sec. 21.12.390. Violation; penalty.
Any violations of this Title are punishable by a fine, imprisonment or both a fine and imprisonment, as
set forth in Section 1.04.080 of this Code, or revocation of the violator's builder's or excavating license, or any
combination of such fine, imprisonment and revocation.
Each such person is guilty of a separate offense for each and every day during any portion of which any
violation of any provision of the ordinances of the City is committed, continued or permitted by any such
person and shall be punished accordingly. (Code 1971, §19-93; Ord. No. 20-1990, §2; Ord. No. 12-1996, §12;
Ord. No. 15, 2007, §2)
Sec. 21.12.400. Appeal procedures.
(a) Initiation. Any applicant aggrieved as a result of the denial of a permit requested pursuant to
Chapter 21.12, by the City Engineer may appeal such adverse decision or determination and shall initiate the
appeal by filing a notice of appeal on a form prescribed by the City Engineer. The notice of appeal shall be filed
with the City Engineer within fourteen (14) days of the date of the decision or determination being appealed.
Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this
Title to appeal any decision or determination.
(b) Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the City Engineer certifies in writing to the Administrative
Hearing Officer that a stay poses an imminent peril to life or property, in which case the appeal shall not stay
further proceedings. The Administrative Hearing Officer may review such certification and grant or deny a stay
of the proceedings.
(c) Administrative Hearing Officer. The Administrative Hearing Officer shall have the authority
to hear an appeal from any decision or determination made by an administrative official unless otherwise
specifically stated in this Title.
(d) Timing of appeal. The decision-making body authorized to hear the appeal shall consider the
appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under
the circumstances.
(e) Notice requirements. Notice of the appeal shall be provided by mailing to the appellant and by
publication to all other affected parties. (See Subsection 26.304.060[E]).
(f) Standard of review. Unless otherwise specifically stated in this Title, the decision-making body
authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from
which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a
finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused
its discretion.
(g) Action by the decision-making body hearing the appeal. The decision-making body hearing
the appeal may reverse, affirm or modify the decision or determination appealed from and, if the decision is
modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is
taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision-
making body may also elect to remand an appeal to the body that originally heard the matter for further 96
proceedings consistent with that body's jurisdiction and directions given, if any, by the body hearing the appeal.
The decision shall be approved by written resolution. All appeals shall be public meetings.
Chapter 21.16
SIDEWALK, DRIVEWAY, CURB AND GUTTER
Sec. 21.16.010. Permit required.
No sidewalk, driveway, curb, gutter or related street improvement required by this Chapter shall be
constructed or repaired without complying with the requirements of Chapter 21.12. (Code 1971, §19-96; Ord.
No. 30-1975, §1; Ord. No. 15, 2007, §3)
Sec. 21.16.020. Construction to comply with standard specifications.
All sidewalk, driveway, curb and gutter construction shall be in accordance with the City's
Engineering Standards for the same on file in the office of the City Engineer. Any sidewalk, driveway, curb
and gutter construction that does not comply with the standards set forth by the Engineering Department, at the
sole determination of the City Engineer, shall be replaced with compliant construction. (Code 1971, §19-97;
Ord. No. 30-1975, §1; Ord. No. 15, 2007, §3)
Sec. 21.16.030 Construction of sidewalk, curb and gutter required for all construction in certain
districts.
The Building Inspector shall not issue a certificate of occupancy or certificate of completion for any
construction unless sidewalk, curb and gutter have been constructed as required by the Engineering
Standards. (Code1971, §19-98; Ord. No. 30-1975, §1; Ord. No. 27-1982, §2; Ord. No. 15, 2007, §3)
Sec. 21.16.040. Reservation of funds for construction of sidewalk, curb and gutter.
If the weather prevents construction of the improvements required by Section 21.16.030 above at the
time of completion of the principal improvements, the Building Inspector may issue a certificate of occupancy
after funds have been escrowed for the construction of the same. The amount of the escrow shall be
determined by the City Engineer and shall be at least one hundred percent (100%) of the current cost of
construction. The escrow agreement shall in no way relieve the owner of the responsibility for construction of
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the improvements when it shall become practicable. (Code 1971, §19-99; Ord. No. 30-1975, §1; Ord. No. 15,
2007, §3)
Sec. 21.16.050. Procedures when not feasible to construct sidewalk, curb and gutter.
If the City Engineer deems that the construction of improvements required by Section 21.16.030 above
is inappropriate at the time of completion of the principal improvements due to existing conditions or future
City plans, the Building Inspector may issue a certificate of occupancy after the owner of the property has
complied with one (1) of the following:
(a) The owner shall have escrowed funds as required in Section 21.16.040. This procedure shall
be used only if it appears feasible that the improvements will be constructed within three (3) years. In
the event that the improvements are not made within three (3) years, the escrowed funds shall be
released, and the owner shall enter into an agreement as required in Subparagraph (b) of this Section.
(b) If existing improvements or conditions make construction of sidewalk, curb and gutter within
three (3) years unfeasible, the owner shall have entered into an agreement with the City whereby he or
she shall agree to construct or pay for the construction of said improvements when the City deems their
construction necessary and feasible. This agreement shall be a covenant running with the land. (Code
1971, §19-100; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §3)
Sec. 21.16.060 Driveway and curbcut specifications.
All driveway and curbcut plans shall conform to City standards (see Engineering Standards).
No driveway or curbcut shall be allowed on State Highway 82 or other designated arterial where
public alley access exists, anything to the contrary notwithstanding.
Sec. 21.16.070. Variations in driveways and curbcuts allowed for unusual conditions.
Under unusual conditions of topography, drainage, existing landscaping or improvements on City rights-
of-way, existing buildings or improvements on private property or special use requirements for the property,
a variance from the requirements in Section 21.16.060 above for driveways and curb cuts may be given by
the City Engineer upon filing a written application and a plot plan showing the building site and special
conditions existing thereon. Any person aggrieved of a decision by the City Engineer under this Section
may seek a variance from the A d mi n i s t r a t i v e H e a r i n g O f f i c e r pursuant to the procedures set out
in Chapter 26.108 of this Code except to the extent set forth herein. (Code 1971, §19- 102; Ord. No. 30-
1975, §1; Ord. No. 76-1990, §3; Ord. No. 15, 2007,
§3; Ord. No. 43-2013)
Sec. 21.16.080. Responsibility to repair sidewalks, driveways and gutters.
When notified that any sidewalk, driveway, curb, gutter or any combination thereof, in front of, abutting
upon, adjacent to, or servicing any premises shall be in need of repair, the City Engineer shall cause notice
to be served upon the owner or other person in charge of or having the control and supervision of the
premises to repair
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such sidewalk, driveway, curb or gutter within thirty (30) days. By way of illustration, the area of responsibility
of any sidewalk, driveway, curb, gutter or any combination thereof in front of, abutting upon, adjacent to or
servicing any premises is set forth in Figure 1, below. It shall be unlawful for any person to fail or refuse to
comply with such notice to repair. Upon a failure or refusal to comply with such a notice to repair, the City
Engineer may repair the same by day's work or by contract, and the cost of such repair may be assessed
upon and made a lien upon the land so benefited. In addition thereto, the City may cause an action to be instituted
against the owner or the person in charge of the premises upon whom such notice was served in any court of
competent jurisdiction to recover such costs. All such remedies shall be cumulative. (Ord. No. 42-1999, §1
[part]; Ord. No. 15, 2007, §3)
Figure 1 – Area of responsibility for sidewalks, driveways, curbs and gutters repairs
Sec. 21.16.090. Definition of sidewalk in need of repair.
For the purpose of this Chapter, a sidewalk in need of repair shall mean a sidewalk in any of the
following conditions:
(a) Concrete that is spalling or crumbling.
(b) Vertical displacement of the adjoining sidewalk section is in excess of half (1/2) inch;
(c) Lateral displacement of adjoining sidewalk section is in excess of half (1/2) inch; or
(d) The sidewalk has a transverse slope in excess of one (1) inch per foot or the combination of
transverse and longitudinal grade is insufficient for adequate drainage of the sidewalk causing
accumulation of water and ice. (Ord. No. 42-1999, §1 [part]; Ord. No. 15, 2007, §3)
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TREES AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY1
1 Sec. 21.20.010. Approval required for landscaping in sidewalk area.
All trees, shrubs, foliage and other landscaping planted in the sidewalk area or other public right-of-way
shall be approved as to location and type by the City Engineer and the Director of Parks in accordance with the
provisions of this Chapter and the following considerations:
(a) Location, arrangement and species shall conform to the adopted street landscaping plan.
(b) Special consideration shall be given to the problem of drainage and snow removal.
(c) Location and arrangement shall provide for pedestrian access.
(d) Location shall be such as not to obstruct corner sight distances at intersections.
(e) Coordination of landscaping on public rights-of-way with required open or landscaped areas on
private property so as to achieve the most effective use of the total area. (Code 1971, §19-121; Ord. No. 30-
1975, §1; Ord. No. 36-1976, §1)
Sec. 21.20.020. Landscaping required for new construction.
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For all new construction landscaping shall be provided in the sidewalk area or public right-of-way
adjoining the building site in accordance with the adopted street landscaping plan. (Code 1971, §19-122; Ord.
No. 30-1975, §1)
Sec. 21.20.030. Specifications for landscaping in sidewalk area.
Landscaping and planting areas shall meet the following specifications:
(a) Planting areas at sidewalk grade adjoining the curb shall be a minimum of four (4) feet in
width.
(b) Planting areas provided in paved areas shall be a minimum of three (3) feet in diameter or
eight (8) square feet in area.
(c) Trees planted at sidewalk grade shall be provided with tree grates and trunk protectors at least
four (4) feet in height.
(d) Elevated planting areas are preferred in Commercial Districts and where provided, shall be a
minimum of twenty (20) inches above sidewalk grade.
(e) Gravel, crushed stone, washed rock and similar materials shall not be allowed in the sidewalk
area at grade. Such materials shall not be allowed in lieu of landscaping unless approved as part of an
overall plan.
(f) When any area is paved, a minimum of twelve (12) inches of unsurfaced area shall be left
around the base of all existing trees. (Code 1971, §19-123; Ord. No. 30-1975, §1)
Sec. 21.20.040. Property owner responsibility for landscaping after construction.
Whenever the landscaping in any portion of the sidewalk area or other public rights-of-way is disturbed
by construction or excavation related to construction on private property, the owner of the property shall be
responsible for landscaping the damaged right-of-way in accordance with the provisions of this Chapter.
(Code 1971, §19-124; Ord. No. 30-1975, §1)
Sec. 21.20.050. Property owner responsible for maintenance of landscaping in adjoining right-of-way.
The property owner shall be responsible for maintaining the landscaping in that portion of the sidewalk
area or other public right-of-way which adjoins his or her property; provided that the City shall be responsible
for the pruning or removal of any trees which are not under any guarantee of the owner. Maintenance shall
include mowing, trimming and planting of annual plants if such is required by the landscape plan. (Code
1971, §19-125; Ord. No. 30-1975, §1)
Sec. 21.20.060. Approval required for paving of planting areas.
Planting areas provided in accordance with an approved landscape plan shall not be paved without the
approval of the Director of Parks. (Code 1971, §19-126; Ord. No. 30-1975, §1; Ord. No. 36-1976, §2)
Sec. 21.20.070. Requirements for removal of trees; approval required.
It shall be unlawful for any person, whether a property owner or not, to cut or remove trees situated
upon City property, streets or other public rights-of-way without first obtaining written approval from the
Director of Parks. Grant or denial of approval shall be based upon the adequacy of the replanting plan as
relates to the number, size and species of new trees; guarantees for restoration of any other landscaping;
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indemnification of the City against any claims arising from damage to public or private property or injury to
persons; and any other conditions the Director of Parks shall deem pertinent. (Code 1971, §19-127; Ord. No.
30-1975, §1; Ord. No. 36-1976, §3)
Sec. 21.20.080. Requirements of conservation of water in landscaping on public rights-of-way.
The Director of Parks shall develop and implement a conservation and irrigation program to increase the
efficiency of water use on public open space areas including parks, greenbelts, public golf courses, roadway
right-of-way plantings, street medians and all other public open spaces.
The program shall include, as a minimum, the following:
(a) Limiting to functional areas of heavy pedestrian traffic, such as ball fields or areas proximal to
entryways, the locations on which frequently irrigated and mowed turf such as bluegrass is to be
maintained and restricting the use of turf in median strips;
(b) Ensuring the use of efficient irrigation techniques and systems, including the limitation of
landscape irrigation between the hours of 11:00 a.m. and 3:00 p.m.; employing the use of nonpotable
water supplies and water reuse where such supplies and water reuse are available for irrigation of areas
exceeding ten (10) acres; and using seasonally variable irrigation schedules which match the
evapotranspiration needs of the plants being irrigated;
(c) Analyzing and improving soil on the site to maximize moisture availability for plant intake
and to increase soil moisture penetration and retention;
(d) Using mulches to reduce water needs and weed growth and to check soil erosion;
(e) Using lower water-demand plants, ground cover and grass species to reduce water usage;
(f) Planning for routine maintenance such as weed control, pruning and irrigation system
adjustments so as to reduce water usage; and
(g) Using evapotranspiration data, when available, to determine water needs. (Code 1971, § 19-
128; Ord. No. 37-1991, § 4)
Chapter 21.24
PERMITS FOR SKI STORAGE RACKS ENCROACHING OR LOCATED UPON PUBLIC
RIGHTS-OF-WAY
Sec. 21.24.010. Permit for installing and operating ski storage rack encroaching or located upon public
right-of-way; qualification; application.
The owner of any business conducted within the City for which a business license has been issued may
apply to the City Engineering Department for a permit to install, operate and maintain a ski storage rack on the
outside wall of the building in which his or her business is located or in such other area as may be approved by
the City Engineering Department, for purposes of temporary storage of skis by the general public. The
application shall be made upon the form provided by the City Engineering Department and shall include an
affidavit signed by the applicant (and by the owner of the building if the applicant is a lessee) stating the name
of the applicant and of the owner of the building, the name and address of the business and such other
additional information as the City Engineering Department may reasonably require from time to time and
stating further that the applicant (and owner, if not the applicant) agrees to save, defend and hold harmless the
City from all liabilities or claims due to loss, damage, theft or injury of or to persons or property arising from
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the use of such rack and stating further that the applicant agrees to comply with the provisions of this Chapter
and with all regulations which may be promulgated from time to time by the City Engineering Department in
connection with the installation, operation, maintenance and use of such racks. The application shall be
accompanied by the full amount of the fee required for such permit and by an accurate drawing of the
proposed rack showing the design and location thereof. (Code 1971, § 19-141; Ord. No. 3-1973, § 1)
Sec. 21.24.020. General specifications for ski storage racks.
In addition to whatever regulations the City Engineering Department may from time to time promulgate
in connection with such racks, all ski storage racks shall:
(a) Be fitted with functional locks and be of such structural design as shall be approved by the
City Engineering Department.
(b) Be so designed and constructed as to harmonize as closely as possible with the buildings to
which they are attached or with whatever other approved area they may be located upon.
(c) If of the wall-mounted type, allow a minimum clearance for purposes of snow removal and
ordinary sidewalk traffic of at least six (6) feet between the nearest curb and the furthest protrusion of
the rack and of at least six (6) inches from the lowest part of the rack and of the ski carried by such rack
and sidewalk.
(d) Clearly display the name, address and phone number of the applicant-operator of the rack.
(e) Be maintained in an operable condition at all times. (Code 1971, § 19-142; Ord. No. 3-1973,
§ 1)
Sec. 21.24.030. Fees; expiration of permit.
The fee for the permit required by this Chapter shall be as prescribed at Subsection 2.12.050(e) of this
Code, which fee shall be paid to the Director of Finance on or before February 1st of each and every year. The
permit required by this Chapter shall automatically expire on February 1st of any year for which the permit fee
has not been paid for the next year as above required. (Code 1971, § 19-143; Ord. No. 3-1973, § 1; Ord. No.
77-1992, § 10)
Sec. 21.24.040. Termination of permit; removal of racks.
The occurrence of any of the following events shall cause the automatic revocation and termination of a
permit issued under the provisions of this Chapter and the ski storage rack installed under such permit shall be
completely removed by the permit holder within ten (10) days following the termination thereof, to wit:
(a) Termination of the permit holder's right to occupy the building space described in the permit
application or the permanent removal of the permit holder's business from such space.
(b) The failure of the permit holder to remedy any violations of this Chapter or of the regulations
promulgated hereunder within ten (10) days following receipt by the permit holder of written notice
from the City Engineering Department that such violations have occurred.
(c) The receipt by the permit holder of written notice from the City Engineering Department that
the City has provided adequate public ski storage in malled areas or other public places. (Code 1971,
§ 19-144; Ord. No. 3-1973, § 1)
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Sec. 21.24.050. Permit required; violation of Chapter provisions or regulation; separate offense for each
day's violation.
The installation or operation of any ski storage rack which encroaches or is located upon a public right-
of-way (a) without first having procured a permit from the City so to do or (b) in violation of any of the
provisions of this Chapter or of any regulation promulgated hereunder by the City Engineering Department or
the failure to remove a rack within ten (10) days following the termination of the related permit, shall
constitute a violation of this Chapter and shall be deemed a separate violation hereof for each and every day
that such violation continues. Any such violation shall be unlawful and shall be subject to criminal prosecution
in the Municipal Court of the City. (Code 1971, § 19-145; Ord. No. 3-1973, § 1)
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Chapter 21.26
COMPLETE STREETS
Sec. 21.26.010. Purpose.
To ensure that all residents and visitors of Aspen can safely walk, bicycle and have easy access to
transit as part of their daily routine.
To improve quality of life and community character by minimizing and mitigating the impacts of
vehicle traffic on residents and visitors.
To support the City’s environmental stewardship goals of improving air quality, lowering greenhouse
gas emissions, reducing noise and increasing renewable energy use.
To ensure the safety of motorists.
Sec. 21.26.020. Principals.
The following guiding principles are to ensure that transportation improvements are planned, designed
and constructed to encourage walking, bicycling and transit use while promoting safe operations for all
users:
(a) Plan for, design and construct all new transportation improvement projects to provide appropriate
accommodation for pedestrians, bicyclists, transit riders, and persons of all abilities, while
promoting safe operation for all users.
(b) Operate and maintain the transportation network to improve travel conditions for bicyclists,
pedestrians, transit, and motorists in a manner consistent with, and supportive of, the surrounding
community;
(c) Improvements will include an array of facilities and amenities including: street and sidewalk
lighting; pedestrian and bicycle safety improvements; intersection improvements; access
improvements, including compliance with the Americans with Disabilities Act; public transit
facilities accommodation including, but not limited, to pedestrian access improvement to transit
stops and stations; street trees and landscaping; drainage; and street amenities;
(d) Implement these policies with a master plan approach recognizing that all streets are different and
in each case user needs must be balanced
Sec. 21.26.030. Evaluation of New Projects.
The Pedestrian and Bike Safety Team ( which consists of various internal departments including
Engineering, Police, Parking, Streets, Asset, Environmental Health, and Transportation departments) will
provide input as to how pedestrians, bicycles and transit use can be accommodated. This will include but not
be limited to street and sidewalk lighting; pedestrian and bicycle safety improvements; intersection
improvements; access improvements, including compliance with the Americans with Disabilities Act; public
transit facilities accommodation including, but not limited, to pedestrian access improvement to transit stops
and stations; street trees and landscaping; drainage; and street amenities.
After a new project, improvement or recommendation is implemented, staff will evaluate its impacts
which may include issues such as: traffic speeds; traffic diversion onto other streets; pedestrian or bicycle
conflicts or other issues. Any unacceptable impacts will be identified and evaluated with recommendations
made to correct problems.
(Ord. No. 43, 2013)
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Chapter 21.28
LOCAL PUBLIC IMPROVEMENTS1, 2
1 Editor's note—Ord. No. 43-1985, § 1, repealed Art. VII of Ch. 19 and enacted in lieu thereof a new Art. VII [Ch. 21.28] to read as herein set forth.
Formerly Art. VII, consisting of §§ 19-150—19-159, provided procedures for establishing sidewalk improvements districts and was derived from
Ord. No. 30-1973, § 1 as amended by Ord. No. 30-1975, § 2.
2 State law reference—Public improvements, Section 31-25-101 et seq. C.R.S.
Sec. 21.28.010. City to contract.
The City shall have the power to contract for, construct or install special or local public improvements;
to assess the cost thereof, wholly or in part, against the property specially benefited; to make and contract for a
local public improvement, to pay from any lawful fund that portion of the cost which is general public benefit
and to accept contributions or grants-in-aid to supply the whole or any part of the cost apportioned to the City
or to accept and apply such contribution or grants in aid wholly or in part to the credit of the appropriate public
improvement district. (Code 1971, § 19-150; Ord. No. 43-1985, § 1)
Sec. 21.28.020. Contract.
(a) Where the cost of local public improvements is to be assessed wholly or in part upon the property
benefited, the improvements shall be constructed by independent contract or contracts, subject to the
requirements of this Section. All such contracts shall be let by the City Manager, with the approval of the City
Council, to the lowest reliable and responsible bidder after publication of notice to bidders, once a week for
two (2) consecutive weeks by two (2) insertions in a newspaper of general circulation within the City and such
other newspaper or newspapers as may be designated by the City Council. The right to reject any and all bids
shall be reserved. No contract shall be made without bond for its faithful performance with sufficient surety or
sureties thereon.
(b) Upon notice and for substantial cause, the work under such contracts may be immediately suspended
or terminated by the City Council or the City Manager.
(c) The City Manager may impose such conditions upon bidders as the City Manager may deem
appropriate.
(d) Upon default in the performance of any contract, the City Manager may advertise and let a contract
for the uncompleted work in a like manner and without further ordinance and may charge the cost thereof to
the original contractor upon his or her contract and when a deficiency shall in such case occur, the City
Manager, with the approval of the City Council, may advance the amount thereof out of any available funds in
the City and recover the same by suit on the original contract and bond. (Code 1971, § 19-151; Ord. No. 43-
1985, § 1)
Sec. 21.28.030. Assessment of property.
When the cost of a local improvement is to be assessed wholly or in part upon the property benefited,
the cost shall be assessed in proportion to benefits received. The assessments may be in proportion as the
frontage of each lot or tract of land is to the frontage of all the lots and lands so improved, may be in
proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district,
may be set by the establishment of zones based upon the proximity of each zone to the improvement to be
made, may be borne equally by the total number of platted sites in a residential development without computing
the common areas as a site or may be established by any other method that will result in assessments being
equitable in proportion to benefits received. All costs for any improvement may be spread
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to all properties in the improvement district. If, at the time of the passage of the ordinance authorizing any
improvement, any piece of real estate has the whole or any part of the proposed improvement conforming to
the general plan and acceptable to the City Engineer, the existing improvement may be adopted in whole or in
part or necessary changes thereof may be made to make the same conform to the general plan and the owner of
such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of
adopting or adapting such existing improvement. (Code 1971, § 19-152; Ord. No. 43-1985, § 1)
Sec. 21.28.040. Initiation of improvement.
Where the cost of a local public improvement is to be assessed wholly or in part upon the property
benefited, the improvement may be initiated by the owners of more than fifty percent (50%) of the area of the
proposed district, including at least fifty percent (50%) of the landowners residing in the district or may be
initiated by order of the City Council without receiving a petition therefor, subject however, to protest by the
landowners of more than fifty percent (50%) of all property benefited and constituting the basis of the
assessment as the City Council may determine. (Code 1971, § 19-153; Ord. No. 43-1985, § 1)
Sec. 21.28.050. Rules of petition.
(a) Petitions for a proposed improvement shall describe the real property owned by each signer being
benefited by the proposed improvement; shall state the nature and location of the proposed improvement and
the proposed maximum unit cost thereof, which unit cost shall be exclusive of the costs of collection of the
assessments, of other incidentals and all interest on any bonds issued in payment of construction and other
costs from the time of issuance of said bonds to the time that interest commences on assessments; shall
authorize the advertising of the proposed improvement for remonstrances if a preliminary, informal estimate of
the City Engineer indicates that the cost of the proposed improvement will not exceed by more than ten
percent (10%) the maximum unit cost set forth in the petition; shall state that the petitioners will not challenge
the formation of the district or the imposition of assessments for reasons other than errors in mathematical
computations and shall authorize an increase of the proposed maximum unit cost by not more than ten percent
(10%) thereof and the assessment of such increase if the estimate of the City Engineer determines that such
increase is necessary.
(b) All signatures on petitions shall be subscribed and acknowledged in the manner provided by law
for acknowledgement of deeds of conveyance of real estate; provided, however, that the signature of any
owner or owners of real property may be attached to a petition by their agents duly authorized by Power of
Attorney accompanying the petition. No petitioner, his or her heirs or assigns, shall be permitted to withdraw
from a petition after such petition has been filed with the City Manager unless the proposed improvement is
not advertised for remonstrances within nine (9) months from the filing of the petition with the City Manager
and any petitioner who fails to withdraw prior to advertising shall be deemed to have waived his or her right to
withdraw. (Code 1971, § 19-154; Ord. No. 43-1985, § 1)
Sec. 21.28.060. Public notice of proposed improvement.
(a) In all cases where the cost of local public improvements is assessed wholly or in part upon property
benefited, public notice of the proposed improvements, either individually or in groups and of a hearing or
hearings on the proposed improvements shall be given by publication in one (1) issue of a newspaper of
general circulation in the City, the publication to be at least fifteen (15) days prior to the date of the hearing.
The same notice of hearing shall be mailed by first class mail to the owners of record of all real estate within
the proposed district who are to be assessed for the cost of improvements, as such owners of record are
determined by reference to the current records in the office of the County Assessor as such records are kept by
that official for the purpose of performing the function of county assessor.
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(b) The mailed notice shall be made on or about the date of publication of the notice of hearing. The
notices shall specify the kind of improvements which are proposed; the property to be included within the
district and benefited by the proposed improvements; the proposed method or methods of assessment; the
manner of payment therefor including the proposed number of annual installments; the date, place and time for
hearing written remonstrances to the proposed improvements; and that a map and schedule showing the
approximate cost of the improvements as provided by the estimates of the City Engineer are on file and can be
seen and examined by any interested person at the office of the City Clerk or other designated place before the
date of the hearing. (Code 1971, § 19-155; Ord. No. 43-1985, § 1)
Sec. 21.28.070. Hearing of advertised proposed improvements.
(a) On the day and at the time and place specified in the notice, the City Manager shall conduct a
hearing for the purpose of considering the desirability of and the need for the proposed improvements. If, for
any reason, the hearing is postponed and not held until a later hour or date, written remonstrances to a
proposed improvement shall be accepted up to the opening of the postponed hearing session. Otherwise, such
written remonstrances must be filed prior to the date and hour of the original hearing.
(b) All written remonstrances to a proposed improvement shall be subscribed and acknowledged in the
same manner as is required for petitions for proposed improvements. No person who has signed his or her
name for an improvement shall be permitted to sign a remonstrance to the same improvement unless such
person has regularly withdrawn from such petition as herein provided.
(c) If a duly executed, written remonstrance is timely filed by persons constituting the owners of the
property to be assessed for more than fifty percent (50%) of the proposed improvements, the proposed
improvements to such property shall not be operated.
(d) After the hearing and subject to the foregoing limitations, the City Manager shall enter an order
approving those improvements which the City Manager considers proper and disapproving those proposed
improvements which the City Manager considers improper.
(e) All proceedings by the City Manager may be modified or rescinded wholly or in part at any time
prior to the passage of the ordinance authorizing the improvements, provided that no substantial change in the
district, preliminary plans, specifications or estimates shall be made after the publication of notice to property
owners, except the deletion of improvements and property from the proposed district and provided further that
the City Manager shall have the right to make minor changes to the time, plans, specifications or estimates
concerning the proposed improvements at any time before the improvements are complete. Any objections to
the regularity, validity or correctness of the proceedings and instruments taken or correctness of the
proceedings and instruments taken, adopted or made prior to the date of said hearing shall be deemed to be
waived unless presented by remonstrance at the time and in the manner herein specified. (Code 1971, § 19-
156; Ord. No. 43-1985, § 1)
Sec. 21.28.080. Formation.
Upon fulfillment of the hearing requirements of this Chapter, the City Engineer shall combine into
suitable construction units those proposed local improvements which have been approved by the City Manager
following said hearing. Each construction unit, whether or not composed of contiguous parcels, shall constitute
a Special or Local, Public Improvement District or shall be combined into a single district with multiple
construction phases and shall be so referred to hereinafter. In the formation of such Special Improvement District
or Districts, the City Engineer shall make such combination as, in the City Engineer's judgment, will make
for efficiency in construction and which will result in the lowest possible construction cost. For each such
Special Improvement District, the City Engineer shall submit to the City Manager the following:
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(1) A detailed estimate of the total cost of the improvements exclusive of the costs of collection,
incidentals, interest on bonds and costs of bond issuance;
(2) A detailed estimate of the cost of each major type of improvement included within the district
exclusive of the costs of collection, incidentals, interest on bonds and costs of bond issuance;
(3) The estimated time of construction;
(4) Full details and specifications for the construction of the proposed improvements, which
details and specifications shall permit and encourage competition among bidders; and
(5) A map showing the real property to be assessed for the cost of construction and that portion, if
any, which is either to be paid by the City or otherwise not assessed for the improvements. (Code 1971,
§ 19-157; Ord. No. 43-1985, § 1)
Sec. 21.28.090. Approval.
(a) Whenever the City Manager approves a Special Improvement District following the procedures set
forth herein, the City Manager shall cause to be prepared and submitted to the City Council an ordinance
authorizing the creation of the district and the construction of the proposed improvements.
(b) The finding by ordinance of the City Council that said improvements were duly ordered after
notice duly given and after hearing duly held as required pursuant to this Chapter, that a petition was presented,
that the petition was subscribed by all or the required number of owners or that a remonstrance was or was not
filed shall be conclusive of the facts so stated in every court or tribunal. (Code 1971, § 19-158; Ord. No. 43-
1985, § 1)
Sec. 21.28.100. Owners of abutting real estate.
Before beginning construction, the City Manager may order the owners of the abutting real estate to
connect their several premises with the gas, water and sewer mains or with any other conduits in the street or
alley adjacent to their premises. In case of a failure or refusal by the owners of the abutting real estate to make
the ordered connections, such connections shall be made incidental to the authorized construction and the cost
thereof shall be assessed upon the appropriate abutting real estate. (Code 1971, § 19-159; Ord. No. 43-1985,
§ 1)
Sec. 21.28.110. Statement of expenses; apportionment; notice of hearing on assessments.
(a) Upon completion of any local improvement, upon completion from time to time of any part thereof
and upon acceptance thereof by the City Manager or when the total cost of any improvement or of any such
part thereof, can be definitely ascertained either prior to or after commencement of construction, the City
Manager shall cause to be prepared a statement showing the whole cost of the improvement and the portion
thereof, if any, to be paid by the City, including an amount not exceeding six percent (6%) additional for the
cost of inspection, collection and other incidentals and also including interest on the bonds issued to the time
of payment of the first installment of the assessments, apportioning said costs, after deducting the amount, if
any, to be paid by the City, upon each lot or tract of land to be assessed for same, which statement shall be
filed in the office of the City Clerk. In determining the whole cost of the local improvement, there shall be
included therein without limitation of the generality of the foregoing, the cost of constructing or otherwise
acquiring such improvements or property and rights-of-way therefor, contingencies, engineering and clerical
services, supplies, inspection, processing, collection of assessments, advertising, printing, interest on bonds
until interest on assessments commences to defray such fiscal services, legal services and other incidental and
administrative costs.
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(b) The City Clerk shall give notice that the assessment roll has been completed and of a hearing on
the assessment roll by publication in one (1) issue of a newspaper of general circulation in the City, the
publication to be at least fifteen (15) days prior to the date of the hearing. The same notice of hearing shall be
mailed by first class mail to the owner of each property to be assessed for the cost of the improvements. The
mailed notice shall be made on or about the date of the publication of the notice of hearing. The notices shall
specify that said improvements have been or are about to be completed and accepted or that a contractor has or
is about to be selected for the work and that the cost of the improvements can now be ascertained; the whole
costs of the improvements; the portion, if any, to be paid by the City; the share apportioned to each lot or tract
of land; that any complaints or objections which may be made in writing by the property owners or any citizen
to the City Council and filed in writing on or prior to the date and hour of the hearing will be heard and
determined by the City Council before the passage of any ordinance assessing the cost of said improvements;
and the date and place where such complaints or objections will be heard. Any complaint or objection to the
regularity, validity or correctness of the proceedings or of said proposed apportionment or of any assessment
based thereon and the amount thereof levied on each tract and parcel of land shall be deemed waived unless
presented in writing at the time and in the manner herein specified. (Code 1971, § 19-160; Ord. No. 43-1985,
§ 1)
Sec. 21.28.120. Complaints.
At the time specified in the notice or at a properly adjourned time, the City Council, sitting as a board of
equalization, shall hear and determine all written complaints and objections filed with the City and may
confirm the apportionment proposed or make any modifications which may seem equitable and just. After the
consideration of all complaints and objections to the apportionment, if any change in the apportionment shall
be made by the Council, it shall certify such change to the City Manager who shall prepare a new apportionment
and an assessing ordinance in accordance therewith and shall transmit same to Council. The assessing
ordinance shall assess the cost of the improvement against the real estate to be assessed in the district in the
proportion finally determined. The passage of the assessing ordinance shall be prima facie evidence of the fact
that the property assessed is benefited in the amount of the assessment and that the assessments have been
lawfully made. (Code 1971, § 19-161; Ord. No. 43-1985, § 1)
Sec. 21.28.130. Assessment roll.
The City Clerk shall, from said ordinance, prepare a local assessment roll in book form showing in
suitable columns each piece of real estate assessed, the amount of the assessment, the amounts of each
installment of principal and interest if, pursuant to this Chapter, the same is payable in installments and the
date when such installments will become due, with suitable columns for use in case of payment of the whole
amount or of any installment or penalty and the City Clerk shall deliver the same duly certified to the Finance
Director for collection. (Code 1971, § 19-162; Ord. No. 43-1985, § 1)
Sec. 21.28.140. Lien against property.
(a) From the date of the final publication of the assessing ordinance, all assessments made pursuant
thereto shall be a lien in the several amounts assessed against each lot or tract of land and such assessments
shall have priority over all other liens except general taxes. As to any subdivisions of any real estate assessed
pursuant thereto, the assessments in each case shall be a lien upon all the subdivisions in proportion to their
respective areas. No delays, mistakes, errors, defects or irregularities in any act or proceeding authorized
herein shall prejudice or invalidate any final assessment, but the same shall be remedied by subsequent or
amended acts or proceedings as the case may require and when so remedied, the same shall take effect as of
the date of the original act or proceeding.
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(b) If, in any court of competent jurisdiction, any final assessment is set aside for irregularity in the
proceedings or for any other reason, then the Council, upon notice as required in the making of an original
assessment, may make a new assessment in accordance with the provisions herein. (Code 1971, § 19-163;
Ord. No. 43-1985, § 1)
Sec. 21.28.150. Assessment; due and payable.
(a) Without demand, all assessments shall be due and payable within thirty (30) days after the publication
of the assessing ordinance after its passage, provided that the City Council may provide that, at the election of
the owners, such assessments may be paid in not more than fifteen (15) equal installments, which installments,
with interest in all cases on the unpaid portion of such assessment, shall be payable annually with interest at a
rate as determined by the City Council on the unpaid assessment. The number of installments, periods of
payment and rate of interest shall be determined and fixed by the City Council in the assessing ordinance.
Payment may be made to the City Treasurer at any time within thirty (30) days after the publication of the
assessing ordinance, after its passage and an allowance of five per centum (5%) for costs of collection may be
made on all payments during said period of thirty (30) days.
(b) Failure to pay the whole assessment within the said period of thirty (30) days shall be conclusively
considered and held as an election on the part of all persons interested, whether under disability or otherwise,
to pay in such installments. The election of any person to pay in installments shall be conclusively considered
and held a waiver of any and all rights to question the power or jurisdiction of the City to construct the
improvements, the quality of the work, the regularity or sufficiency of the proceedings or the validity or
correctness of the assessment.
(c) The owner of any piece of real estate not in default as to any installment or payment may, at any
time, pay the whole unpaid principal of his or her assessment with the interest to the time the next installment
of interest or principal becomes due and payable.
(d) The owner of any divided or undivided interest may pay his or her share of any assessment. (Code
1971, § 19-164; Ord. No. 43-1985, § 1)
Sec. 21.28.160. Default of payment.
At the expiration of said thirty (30) day period provided in Section 21.28.150, the Finance Director shall
return the local assessment roll to the City Clerk, thereon showing all payments made thereon with the date of
each payment. Said roll shall be certified by the City Clerk and shall be delivered by the City Clerk to the
County Treasurer with a warrant for the collection of the same. The City Clerk shall obtain a receipt from the
County Treasurer for the same. The County Treasurer shall receive payment of all assessments appearing
upon the assessment roll with interest. In case of default in the payment of any installment of principal or
interest when due, the County Treasurer shall advertise and sell any and all property concerning which such
default is suffered for the payment of the whole of the unpaid assessments with interest and penalties thereon.
Said advertisements and sales shall be made at the same time and in the same manner under all the same
conditions and penalties and with the same effect as are provided by general law for sales of real estate in
default of payment of general taxes. (Code 1971, § 19-165; Ord. No. 43-1985, § 1)
Sec. 21.28.170. Failure to pay.
Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the
unpaid principal to become due and payable immediately and the whole amount of the unpaid principal and
accruing interest shall thereafter draw additional interest at the rate of one and one-half percent (1½%) per
month or fraction of a month until the day of sale, but at any time prior to the date of sale, the owner may pay
the amount of all delinquent principal installments and accrued interest with additional interest at one and one-
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half percent (1½%) per month or fraction of a month as aforesaid and thereupon shall be restored to the right
thereafter to pay in installments in the same manner as if default had not been suffered. No statute of
limitations shall apply until the last installment of assessments becomes due and payable. (Code 1971, § 19-
166; Ord. No. 43-1985, § 1)
Sec. 21.28.180. Sale of unpaid assessments.
(a) At any sale by the County Treasurer of any real estate in the City for the purpose of paying any
special assessments for local improvements, the Finance Director, having the written authority from the City
Council, may purchase such real estate without paying for the same in cash and shall receive a Certificate of
Purchase from the County Treasurer in the name of the City. Such certificates shall be received and credited at
their face value, with all interest and penalties accrued, on the account of the assessments in pursuance of
which the sale was made. The certificates may thereafter be sold by the Finance Director for the best price
obtainable at public sale at auction or by sealed bids in the same manner and under the same conditions as is
hereinafter provided in respect to the sale of property owned by the City. The proceeds, in the event that all
bonded indebtedness incurred in payment for said local improvements has not been discharged in full or any
other portion of the assessment against the property has not been paid in full, shall be credited to the fund
created by the ordinance for the payment of such bonds or, in the event that all bonded indebtedness incurred
in payment for said local improvements has been discharged in full and, that any other portion of the assessment
against the property has been paid in full, the proceeds shall be credited to the special surplus and deficiency
fund provided for by Section 21.28.190 below. Any assignments shall be without recourse and the sale and
assignment of City's right to receive sale proceeds shall operate as a lien in favor of the purchaser and assignee
as provided by law in the case of sale of real estate in default of payment of general taxes.
(b) Cumulatively with all other remedies, the City, being the owner of the property by virtue of a tax
deed or being the owner of property otherwise acquired in satisfaction or discharge of the liens represented by
such Certificates of Sale, may sell such property for the best price obtainable at public sale, at auction or by
sealed bids. Such sale shall be after public notice by the Finance Director to all persons having or claiming
any interest in the property to be sold or the proceeds of such sale, such public notice to be by publication once
a week for three (3) consecutive weeks by three (3) insertions in a newspaper of general circulation within the
City. Such notice shall describe the property and state the time, place and manner of receiving bids and the
time fixed for sale, which shall be not less than twenty (20) days after the first publication. The City may
reject any and all bids. Any interested party, at any time within ten (10) days after receipt of bids for the sale
of property, may file with the City Manager a written protest as to the sufficiency or the amount of any bid
made or the validity of the proceedings for the sale. If such protest shall be denied such person, within ten
(10) days thereafter, may commence an action in a court of competent jurisdiction to enjoin or restrain the City
from completing the sale. If no action is commenced, all protests or objections to the sale shall be deemed to
have been waived and the City shall then convey the property to the successful bidder by quitclaim deed.
(c) In addition to all other remedies, the City, when it is the holder of a Certificate of Purchase, may
bring a civil action for the foreclosure thereof, joining as defendants all persons having or claiming any interest
in the property or the proceeds of foreclosure sale and all governmental units having taxes or other claims
against said property and all unknown persons having or claiming interest in said property. Any number of
certificates may be foreclosed in the same proceeding. In such proceedings, the City as plaintiff, shall be
entitled to all relief provided by law in actions for adjudication of rights with respect to real property.
(d) The proceeds of any such sale of property shall be credited to the appropriate Special Assessment
Fund or to the Surplus and Deficiency Fund as hereinabove provided. The City shall deduct therefrom the
necessary expenses in securing deeds and taking procedures for the sale or foreclosure. (Code 1971, § 19-167;
Ord. No. 43-1985, § 1)
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Sec. 21.28.190 Bonds.
Special assessment bonds of the City may be issued for the purpose of paying all or such portion of the
cost of any improvement constructed or to be constructed under the provisions of this Chapter as may be
assessed against the property specially benefited. Such bonds may be issued of such date and in such form as
may be prescribed by the City Council, bearing such interest as may be determined by the City Council,
bearing the name of the district improvement and payable to the bearer or registered owner in a sufficient
period of years after the date thereof to cover the period of payment provided, but subject to call as provided in
Section 21.28.200 and in convenient denominations in multiples of one thousand dollars ($1,000.00) each.
The bonds may be issued for all or any portion of the amount to be assessed against the property specially
benefited and the assessments to be collected on the real property specially benefited may be allocated for the
improvements that were paid for by the issuance of such special assessment bonds and for the services or
improvements that were provided by the City or its designee and for which the City or its designee is being
reimbursed. All such bonds shall be issued on estimates or contract amounts approved by the City Council
and such bonds shall be sold to the best advantage of the City at either public or private sale and the Finance
Director shall preserve a record of the same in a suitable book kept for that purpose. All such bonds may be in
registered or bearer form with or without interest coupons, be subject to such conditions for transfer, be subject
to provisions for conversion as to denominations or to bearer or registered form, be made registrable or
payable or both, by the Finance Director or other officers of the City or by a trustee, registrar, paying agent or
transfer agent within the United States of America, be issued, transferred and registered by such book entry, be
in such denomination or denominations, bear such dates, signatures and authentications and be held in custody
by a depository within the United States of America, all as may be determined by the City in the ordinance
authorizing the issuance of such special assessment bonds. Payment at designated due dates or in installments
may be required by the authorizing proceedings to be by check, draft or other medium of payment and need
not be conditioned upon presentation of any bond or coupon. Signatures may be manual or facsimile, but each
bond shall bear at least one manual signature, which may be that of an official of the City or of the trustee,
registrar or transfer agent. Such bonds shall be payable out of the moneys collected on account of the
assessments made for such improvements, out of the surplus and deficiency fund referred to in Section
21.28.210 or out of any other fund established as additional security for the bonds. All moneys collected from
such assessments for any improvements shall be applied for the payment of the bonds issued until payment in
full is made of all the principal, premium, if any and interest on the bonds. However, if a portion of the
assessments is being used to reimburse the City or its designee for its cost in providing the improvement, the
allocation of the assessment as to payment of the principal, premium, if any and interest on the bonds and the
reimbursement to the City or its designee shall be made pursuant to the authorizing ordinance. (Code 1971,
§ 19-168; Ord. No. 43-1985, § 1)
Sec. 21.28.200. Payment of bonds.
Whenever considered prudent by the Finance Director and whenever funds may be in the Finance
Director's hands, to the credit of the Improvement District exceeding six (6) months' interest on the unpaid
principal, the Finance Director shall, after publication of notice once in one (1) issue of a newspaper of general
circulation within the City, call in a suitable number of such bonds for payment. At the expiration of thirty
(30) days from the first publications of such notice, interest on the bonds so called shall cease. The notice
shall specify by number the bonds so called and all such bonds shall be paid in their regular numerical order.
The holder of any bonds may, at any time, furnish his or her post office address to the Finance Director and in
such case a copy of said advertisement shall be mailed by the Finance Director to the holder of the bonds at
said address on or prior to the first day of said publication. If applicable, if there are funds to the credit of the
Improvement District that are allocated toward the reimbursement to the City in an amount exceeding six (6)
months' interest on the unpaid principal amount for those improvements provided by the City, the Finance
Director shall transfer that amount to the City to be applied toward the principal amount due the City for
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reimbursement. Notice for bonds which are in registered form shall be given by mailing notice to the
registered owner by first class mail not more than thirty (30) days and not less than fifteen (15) days prior to
the date fixed for redemption. (Code 1971, § 19-169; Ord. No. 43-1985, § 1)
Sec. 21.28.210. Surplus and deficiency.
(a) Where all outstanding bonds have been paid in a Special Improvement District and any monies
remain to the credit of said district, they shall be transferred to a Special Surplus and Deficiency Fund and
whenever there is a deficiency in any Improvement District Fund to meet the payments of outstanding bonds
and interest due thereon, the deficiency shall be paid out of said Surplus and Deficiency Fund. Whenever a
Special Improvement District has paid and canceled three-fourths (¾) of its bonds issued and for any reason
the remaining assessments are not paid in time to take up the remaining bonds of the district and the interest
due thereon and there are not sufficient monies in the special surplus and deficiency fund, then the City shall
pay said bonds when due and the interest due thereon and shall reimburse itself by collecting the unpaid
assessments due said district.
(b) In consideration of general or special benefits conferred on the City at large from the construction
or installation of improvements in Special or Local Improvement Districts, the City Council may levy annual
taxes on all taxable property within the City at a rate not exceeding four (4) mills in any one (1) year, to be
disbursed as determined by the City Council for the purpose of paying for such benefits, for the payment of
any assessment levied against the City itself in connection with bonds issued for Special or Local
Improvement Districts or for the purpose of advancing money to maintain current payments of interest and
equal annual payments of the principal amount of bonds issued for any Special or Local Improvement District
hereinafter created. The proceeds of such taxes shall be placed in a special fund and shall be disbursed only
for the purpose specified herein; provided, however, that in lieu of such tax levies, the City Council may
annually transfer to such special fund any available monies of the City, but in no event shall the amount
transferred in any one (1) year exceed the amount which would result from a tax levied in such year as herein
limited.
(c) As additional security for any bonds issued for Special or Local Improvement Districts, the City
Council may establish a Separate Reserve Fund for said issue of bonds to be used for the purpose of advancing
money to help maintain current payment of interest and equal annual payments of the principal amount of such
bonds. Moneys to be placed in such a reserve fund shall be allocated from any legally available monies of the
City, including temporary or permanent advances of cash or other security provided by one (1) or more
property owners. Upon the payment in full of the principal and interest on the bonds for which the reserve
fund was established, the monies remaining in the reserve fund, if established from City monies, shall be
returned to the City to be used for any lawful purpose as the City Council shall designate; provided, however,
that if the reserve fund was established from bond proceeds, the moneys in such reserve fund shall be first
allocated to the final principal and interest payment on the bonds.
(d) As additional security for any bonds issued for Special or Local Improvement Districts, the City
Council may, in its discretion, provide or require one (1) or more property owners who own property within
the district to provide audited financial statements, appraisals and/or a letter of credit or other credit
enhancement issued by a bank or other financial institution acceptable to the City, to be used for the purpose of
advancing money to help maintain current payment of assessments of the property owner or owners providing
the letter of credit or, in the event the letter of credit is provided by the City, to help maintain current payments
of principal of and interest on such bonds. (Code 1971, § 19-170; Ord. No. 43-1985, § 1)
Sec. 21.28.220. Improvements.
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(a) The improvements authorized by this Chapter may consist of grading, paving, curbing, guttering,
parking, landscaping, street lighting or traffic signalization for or otherwise improving the whole or any part of
any street or alley or public easement in the City or any one (1) or more of said improvements, including the
reconstruction, replacement, renewal or extension of the same and the acquisition of property and rights-of-
way therefor. In the case of grading and curbing only, the improvements may include the necessary crosswalks.
Water, storm drainage and sanitary sewer systems may be included in street improvements. System and
off-site appurtenances, such as booster pump stations incidental to such facilities, may also be included.
Improvements may also consist of any local improvement and renewals or extensions thereof which benefit the
land abutting on, touching or otherwise concerning such improvements, such as interchanges, trails, pedestrian
amenities, utility upgrading and undergrounding, public transportation facilities, sidewalks, signage,
landscaping, public parks, public golf courses and other public facilities.
Figure 2 – Area of responsibility for sidewalks, driveways, curbs and gutters replacement and/or new installation
(a)(b) If improvements consist of the construction of district sewers or storm sewers, the costs of district
storm sewers may be assessed on all of the land in said storm sewer district respectively in proportion as the
area of each piece of land in the district or in the part improved is to the area of all the land in the district or by
any other method that will result in the assessments being equitable in proportion to the benefits received.
Such storm drains may be made, contracted for or constructed in sizes larger than required by a local
improvement district and the City may pay from any lawful fund that portion of the cost that may be in excess
of the cost required by the district. Upon the extension at a later time of the mains or sub mains to an area not
included within the district for which mains or sub mains were made and contracted for, the City may assess
the amount paid by the City as a lien upon the real property benefited by the oversized construction and
extension of the mains and sub mains.
(b)(c) If improvements consist of district interchanges, landscaping, parks or recreational facilities,
the cost of the improvement may be assessed on all of the land in said district respectively in proportion to the
area of each piece of land in the district or in the part improved is to the area of all land in the district or by
the establishment of zones based upon the proximity of each zone to the improvement to be made or by any
other method that will result in the assessments being equitable in proportion to the benefits received. (Code 115
1971,
§ 19-171; Ord. No. 43-1985, § 1)
Sec. 21.28.230. Legal proceedings.
No action or proceeding at law or inequity to review any acts or proceedings or to question the validity
or enjoin the performance of any act or the issuance or collection of any bonds or the levy or collection of any
assessments authorized herein or for any other relief against any acts or proceedings done or had pursuant
hereto or under the provisions of the Charter of the City with reference hereto, whether based upon illegalities,
irregularities or jurisdictional defects, shall be maintained unless commenced within thirty (30) days after the
performance of the act or the passage of the resolution or ordinance complained of or else be thereafter
perpetually barred. (Code 1971, § 19-172; Ord. No. 43-1985, § 1)
Sec. 21.28.240. Definitions.
(a) In all proceedings authorized or required by this Chapter, figures may be used instead of words and
it shall not be necessary in Improvement Districts to designate each piece of real estate in the district
separately, but general descriptions and quantities may be used, except in the assessment rolls and the cost
may be stated as being a probable amount per front foot or per square foot or per lot of a given size and
proportionate amounts for other lots or when a different rule of assessment is provided, then as being subject
to such rule.
(b) As used in this Chapter, the following terms shall have the meanings indicated:
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Engineer includes the City Engineer and/or any engineer or firm of engineers or corporation
engaged in the practice of engineering, which may be under contract with the City with respect to local
public improvements contracted for or installed pursuant to this Chapter as may be designated by the
City Engineer.
City Manager includes the City Manager's authorized representative when such authority has been
given by a written order of the City Manager or, in the absence of the City Manager, the City Engineer.
Real estate means all lands, whether platted or unplatted, regardless of lot or landlines. Lots, plots,
blocks and other subdivisions may be designated in accordance with any recorded plat thereof and
unplatted lands may be designated by any definite description.
Public or local improvements shall mean and include any improvement which may be authorized
by the City Council pursuant to the provisions of this Chapter, which serve a municipal purpose and
which confer a special benefit upon the real property within the district, including, but not limited to, the
grading, paving, curbing, guttering, drainage, parking or otherwise improving the whole or any part of
any street, alley or streets and alleys of the City and the construction, installation or improvement of any
sidewalks, water mains, sewers, sewage disposal works, appliance for artificial lighting, landscaping,
signage, recreational or other public facilities, parks, pedestrian amenities, trails, utility upgrading and
undergrounding, public transportation facilities, parkways and off-street parking facilities and all
appurtenances, extensions or renewals thereof. (Code 1971, § 19-173; Ord. No. 43-1985, § 1)
Chapter 21.32
SNOW REMOVAL
Sec. 21.32.010. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Chapter:
(a) Person means and includes any individual, partnership, firm, association, syndicate or
corporation.
(b) The director shall be such officer or employee of the City designated in writing by the City
Manager to perform or assist in the performance of the duties or responsibilities of the Director as set
forth in this Chapter. (Code 1971, § 19-180; Ord. No. 79-1983, § 2)
Sec. 21.32.020. Snow and ice to be removed from sidewalks by private persons.
Every person in charge or control of any building or lot of land within the City in fronting of, adjacent
to, or abutting a sidewalk area, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear
away or cause to be removed and cleared away, snow and ice from a path of at least five (5) feet in width
from so much of the sidewalk area as is in front of or abuts on said building or lot of land. For properties that
back up to alleys, this includes half of the width of the alley. By way of illustration, the area of responsibility of
any property in front of, adjacent to, or abutting a sidewalk area is set forth in Figure 3, below.
Such snow and ice shall be removed from all sidewalk areas within the City on the same day as
cessation of any fall of snow, sleet or freezing rain or within the first three (3) hours of daylight after the
cessation of any such fall, whichever period is longer. (Code 1971, § 19-181; Ord. No. 79-1983, § 2)
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Figure 3 – Area of responsibility for sidewalks, driveways, curbs and gutters snow maintenance
Sec. 21.32.030. Depositing of snow and ice restricted.
No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any
sidewalk, sidewalk area, roadway or loading and unloading areas of a public transportation system. (Code
1971, § 19-182; Ord. No. 79-1983, § 2)
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Sec. 21.32.040. Violation; work done, liability therefor; penalty.
(a) In the event of the failure of any person to clear away snow and ice from any sidewalk area as
hereinabove provided or cause this to be done, the Director may, as soon as practicable after such failure,
cause such work to be done.
(b) The Director shall ascertain and keep a record of the exact cost of all work the Director causes to
be done in accordance with this Section on account of each act or omission of each person and the Director
shall identify these persons with particularity.
(c) The cost of work done in accordance with this Section, plus a penalty of one hundred percent
(100%) of such cost, shall be charged against the land abutting the sidewalk area where such work was done as
a municipal lien and collected in the same manner as city taxes or, in addition, such costs and penalty may be
recovered by the City in a suit at law against the owner or such other person whose act or omission makes it
necessary for such work to be done. (Code 1971, § 19-183; Ord. No. 79-1983, § 2)
Sec. 21.32.050. Penalties.
Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor,
punishable upon conviction by a fine, imprisonment or both a fine and imprisonment, as set forth in Section
1.4.80 of this Code. Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder. (Code 1971, § 19-184; Ord. No. 79-1983, § 2;
Ord. No. 12-1996, § 13)
Chapter 21.36
RIO GRANDE SKATEBOARD PARK
Sec. 21.36.010. Definitions.
For purposes of this Chapter certain words or phrases are defined as follows:
Rio Grande Skateboard Park shall mean the portion of the Rio Grande Park in Aspen, Colorado,
which has been set aside and dedicated for use by persons using skateboards and similar devices as
defined hereinafter.
Skateboard shall mean skateboard, in-line skate, roller blade, roller skates and any other similar
device approved by the Parks Department for use in the Rio Grande Skateboard Park. (Ord. No. 14-
2001, § 2 [part])
Sec. 21.36.020. Regulations.
It shall be unlawful for any person within the Rio Grande Skateboard Park to:
(a) Ride, operate or use any device other than a skateboard;
(b) Ride, operate or use a skateboard unless that person is wearing a helmet designed for use with
a skateboard and is in good repair at all times during use;
(c) Place or utilize additional obstacles or other material (including, but not limited to ramps or
jumps) that are not specifically authorized by the Director of Parks;
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(d) Ride, operate or use a skateboard before or after the posted hours of operation;
(e) Use or consume alcohol, tobacco products or illegal drugs;
(f) Use or possess glass containers, bottles or other breakable glass products;
(g) Fail to obey any other rule or regulation posted on near the facility by order of the Director of
Parks. (Ord. No. 14-2001, § 2 [part])
Sec. 21.36.030. Director of Parks to post regulations.
The Director of Parks shall post on or near all entrances to the Rio Grande Skateboarding Park a sign or
signs that clearly summarize the regulations set forth at Section 21.36.020 above and any other rules or
regulations that the Director of Parks deems reasonably necessary for the safe operation of the facility. The
sign or signs to be posted shall include the following language:
WELCOME
To the City
Rio Grande Skateboard Park
This facility has been designed for use by skateboarders and rollerbladers. In order to provide a
safe and enjoyable experience, the following warning and regulations have been posted. Please heed the
warning and observe all regulations.
WARNING
Skateboarding and in-line skating are hazardous recreational activities. Use of this facility may
result in serious injury or death. The City does not assume any responsibility for injuries or death. Each
person entering the facility assumes all risks associated with the use of this facility.
The following rules and regulations have been adopted by the Aspen City Council to protect your
safety. Any person failing to follow these rules and regulations shall be subject to eviction from the
park and prosecution pursuant to Section 1.04.080 of the Aspen Municipal Code.
RULES
1. USE THIS FACILITY AT YOUR OWN RISK.
2. HELMETS ARE MANDATORY.
3. BICYCLES AND SCOOTERS/RAZORS ARE PROHIBITED.
4. ALCOHOL, TOBACCO and DRUGS ARE PROHIBITED.
5. HOURS OF OPERATION ARE 8:00 A.M. TO SUNSET.
6. ADDING OR MODIFYING RAMPS IS PROHIBITED.
7. BOTTLES AND GLASS CONTAINERS ARE PROHIBITED.
REPORT ALL INJURIES TO THE CITY RECREATION DEPARTMENT – 920-5140.
CALL 911 FOR ALL SERIOUS INJURIES OR OTHER MEDICAL EMERGENCIES.
(Ord. No. 14-2001, § 2 [part])
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Sec. 21.36.040. Eviction.
Any person found to be in violation of this Chapter or a regulation duly posted on the sign required by
Section 21.36.030 above, shall be subject to eviction from the Rio Grande Skateboard Park. (Ord. No. 14-
2001, § 2 [part])
Sec. 21.36.050. Penalty.
The privilege of any person to use the Rio Grande Skateboard Park is expressly conditioned upon
compliance by that person with the provisions of this Chapter. A violation of any provision of this Chapter
shall be deemed an infraction punishable by a fine and/or incarceration as provided by Section 1.04.080 of this
Code. In addition, the person shall be subject to eviction from the facility. (Ord. No. 14-2001, § 2 [part])
121
Sidewalk Deferred Zones and Sidewalk MaintenanceTrish Aragon, P.E. and Raquel Flinker, P.E.February 1, 2021 122
Sidewalk Masterplan2123
Sidewalk Infrastructure3124
Council Direction4•Would Council like Staff to add a Sidewalk Master Plan Update Project as part of the 2022 budget process?125
Sidewalk Maintenance -Clarification of Title 21126
Clarification on maintenance/ repair6127
Clarification on replacement7128
Alternatives1. Properties along the alley are responsible to maintain, repair and improve pedestrian and drainage infrastructure adjacent to alleys. 2. City is responsible to maintain, repair and improve pedestrian and drainage infrastructure adjacent to alleys. 8129
Staff Recommendation•Return to Council with an ordinance clarifying that it is the responsibility of the properties along the alleys to maintain, repair and improve pedestrian and drainage infrastructure adjacent to alleys. 9130
1
MEMORANDUM
TO: Mayor and Council
FROM : PJ Murray, Project Manager
Pete Rice, PE, Senior Project Manager
THROUGH: Tricia Aragon, PE, City Engineer
MEMO DATE: January 29, 2021
MEETING DATE: February 1, 2021
RE: Critical Pedestrian Connection Updates
REQUEST OF COUNCIL: City staff is updating Council on the Critical Pedestrian
Connections in town and requests approval on proposed project locations.
SUMMARY & BACKGROUND: The City Engineering Department developed projects
and programs to address pedestrian safety through the yearly budget process which is
established by Council direction, community input and City safety priorities.
The City of Aspen has a long history of working on pedestrian plans, some dating back
to the 1970’s. These plans have defined the aesthetic of our sidewalks and trail system
that exists throughout the community.
In 2014 and 2015, staff worked to create an updated Bicycle & Pedestrian Master Plan.
Staff assembled an existing conditions map and undertook a comprehensive public
survey process that resulted in over 100 potential improvement projects within the
community. This information was distilled down to a final map and a set of proposed
improvements to the bicycle and pedestrian infrastructure. During this master planning,
staff reviewed documents such as the Aspen Area Community Plan, Aging Well in Pitkin
County, and City of Aspen Civic Master Plan to help ensure these proposed
improvements were in-line with the community vision.
The City has a committee utilizing a coordinated effort by many departments to review all
pedestrian safety. PABST (Pedestrian and Bicycle Safety Team) reviews infrastructure
and all pedestrian concerns from citizens. A formalized critical pedestrian connection map
developed through the Engineering Department and PABST in 2018 called the Top Ten
Critical Connections. The list also incorporates past data gained from master planning
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2
and Council direction. Key factors that govern the list include the existing infrastructure,
the type of user including children, the amount of use and community input. During the
winter months, pedestrians are typically pushed into the roadway when sidewalk
infrastructure is not provided, creating additional safety concerns.
In 2019, Engineering Department staff and Council walked and discussed Top Pedestrian
Connections. The list from 2019 includes the following locations:
Completed Projects:
1. Bleeker St (Garmisch to Monarch St)
2. King St (Neale to Gibson Ave)
3. Hallam St Bike and Ped Way
4. Park Circle Sidewalk Connection
Approved Future Project Locations:
1. Paepcke Park (Main to Hopkins, west side)
2. S Garmisch St (Half block between Hopkins and Hyman, east side)
3. Koch Park (Durant to S 1st Street, east and north sides)
4. Francis Whittaker Park
5. Original St / Ute Ave (South of Durant)
DISCUSSION: Staff updates the Top Critical Pedestrian Connections as projects are
completed. The updated list below removed the completed connections and replaces
them with new locations that have been identified by staff, PABST and public input. Below
is a list of the Critical Pedestrian Connections in Table 1 and a map of locations in Figure
1.
Table 1. Critical Pedestrian Connections
Critical Pedestrain Connections
2021 Projects
1. Paepcke Park 2021
2. Original St & Ute Ave 2021
3. Gibson Ave 2021
4. Mill St & Puppy Smith 2021
Out-years Projects
5. S Garmisch St 2022
6. Spruce St 2022
7. Koch Park 2024
8. Francis Whitaker Park 2025
9. Puppy Smith St TBD
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3
Figure 1. Critical Pedestrian Connections
Staff continually assesses all pedestrian connections within the City and will work, with
Council’s direction, to balance these connections with other safety needs within the City
of Aspen.
FINANCIAL IMPACTS: Staff has scheduled and estimated the costs of the Critical
Pedestrian Connections within the 10-year budget. Table 2, below, is staff’s best estimate
for what the above proposed projects will cost. Please note that construction costs will
vary depending on time frame of completion.
Table 2. Critical Pedestrian Connections Cost Estimate
Critical Pedestrain Connections Cost Estimate
2021 Projects
1. Paepcke Park 2021 $ 97,000 (included in Paepcke
Transit Hub)
2. Original St & Ute Ave 2021 $ 127,000
3. Gibson Ave 2021 Concrete Replacement Budget
4. Mill St & Puppy Smith 2021 Concrete Replacement Budget
Out-years Projects
5. S Garmisch St 2022 $ 95,000
6. Spruce St 2022 $ 35,000
7. Koch Park 2024 $ 65,000
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4
8. Francis Whitaker Park 2025 $ 240,000
9. Puppy Smith St TBD TBD
At this time, financial decisions are not required from Council. Upon Council’s review and
input on the listed locations, staff will prioritize each individual project and come back to
Council with more detailed design options, implementation, and construction costs for
each.
Paepcke Park has been approved for construction drawings and is anticipated to proceed
for Council consent in June 2021. Funds for the Original St./Ute Ave. were allocated in
the 2020 budget and will proceed to carry forward funds to complete construction in 2021.
ENVIRONMENTAL IMPACTS: None. The benefit of providing pedestrian connections
results in a reduction in the use of vehicles thereby reducing environmental impacts.
ALTERNATIVES: Council may reprioritize the list of Top Critical Pedestrian Connections.
RECOMMENDATIONS: Staff will proceed with these critical pedestrian connections, no
further action from Council is requested at this time.
CITY MANAGER COMMENTS:
134
MEMORANDUM
TO: Mayor and Council
FROM: PJ Murray, Project Manager
Pete Rice, PE, Division Manager
THROUGH: Tricia Aragon, PE, City Engineer
MEMO DATE: January 29, 2021
MEETING DATE: February 1, 2021
RE: Safety in the Commercial Core
REQUEST OF COUNCIL: City staff is updating Council on the opportunities for improving
safety in Aspen’s commercial core (Core). Staff requests direction on the scale at which
safety measures shall be implemented.
SUMMARY AND BACKGROUND: The City Engineering Department developed projects
and programs to address safety through the yearly budget process which is established
by Council direction, community input and City safety priorities.
DISCUSSION: Tourists and locals enjoy Aspen’s streets, trails, and sidewalks year-
round by car, foot, and bike. When vehicles, pedestrians and bikers enter a denser area
in town, such as the commercial core, interactions between them are unavoidable.
Unfortunately, these interactions occasionally result in conflict, accidents, and near
misses. As a result, Council has expressed concerns regarding pedestrian safety in
Aspen’s Core and requested Engineering Department staff to present options for
improving safety.
The typical right-of-way (ROW) cross section (from building face to building face)
prioritizes vehicles by dedicating the majority of the space for vehicles to maneuver, drive,
and park. Pedestrians have dedicated safe space, removed from the exposure to vehicles
where sidewalks are provided. However, pedestrians are at risk in intersections where
their safe dedicated space ends. Therefore, the opportunity to increase safety for
pedestrians is by providing infrastructure at the intersections that facilitates safe
interactions between users.
These types of improvements have been incrementally implemented in several locations
in the Core. Examples of these projects are at the intersections of Hunter and Durant
(Gondola Plaza curb extensions), Spring St and Main St (curb extensions and Rapid
Flash Beacon crossing). In Spring 2021 a temporary curb extension living lab will be
installed at the intersection of Spring St and Cooper Ave (City Market) per Council’s
approval in July 2020. Photos of these examples can be seen below.
135
Figure 1. Hunter and Durant Intersection (Gondola Plaza)
Figure 2. Spring St and Main St Intersection
136
Figure 3. Spring St and Cooper Ave Intersection (City Market)
When reviewing pedestrian safety in the Core, staff confirmed what Phase II of the
Pedestrian and Bicycle Masterplan (Masterplan) determined in 2017: that, while vehicle
and pedestrians have dedicated space and infrastructure, the Core lacks dedicated
space, clear routing, and safe infrastructure for bicycles. Therefore, improvements for
safety should be more comprehensive, considering both of our must vulnerable users.
Additionally, more significant improvements in user safety can be made if the
improvements are carried beyond the intersection. Staff recommends a holistic approach
that includes improvements at the intersections for pedestrians and bikers and
modifications to the roadway cross section that dedicates space and infrastructure for
bicyclists, just as it currently does for vehicles and pedestrians. By creating a safer zone
for both bicyclists and pedestrians in intersections and roadways (together referred to as
“corridor”), the core would balance the priority of all users, instead of the current vehicle-
centric model. Safety is increased when pedestrians and bicyclists have designated use
areas, which provides more separation, fewer interactions, and allows vehicles to better
anticipate their locations and movements.
The following locations were identified in the Masterplan, and more recently confirmed by
staff, as opportunities for intersection improvements:
1. Hopkins and Monarch
2. Hopkins and Mill
a. Mill and Hyman
3. Hopkins and Galena
a. Galena and Hyman
b. Galena and Cooper
4. Durant and Mill
5. Spring and Cooper
137
Figure 4. Intersection Improvement Locations in the Core
When viewing these locations on a map, it becomes easy to see links between locations,
or corridors, where routing and space allocation in the ROW can holistically be improved.
See map below.
1. Hopkins Ave Corridor (green line)
2. Mill St Corridor (blue line)
3. Galena St Corridor (purple line)
Legend
Commercial Core
Boundary Central Resort Area
138
Figure 5. Corridor Improvement Locations in the Core
While improvements can and will continue to be made incrementally at intersections, the
benefit is limited to the intersection boundary and does not fully address safety for the
bicycling user. More significant gains in user safety can be made if the improvements are
carried through the corridor. By improving the routing for all modes of travel through the
corridor, safety for all users is indirectly increased. When pedestrians and bikers have
designated use areas, cars are better able to anticipate their movements and safer
interactions occur. Therefore, staff recommends Council consider this holistic approach
to improving safety in the Core.
FINANCIAL IMPACTS: At this time, financial decisions are not required from Council.
Upon Council’s review and input on these concepts, staff will return with more detailed
design options.
ENVIRONMENTAL IMPACTS: In balancing all modes of transportation and increasing
safety for pedestrians and bicyclists. vehicle use should decrease. Reducing vehicle use
has several environment benefits, notably improved air quality and reduced carbon
emissions.
ALTERNATIVES: Two alternatives have been proposed.
1. An intersection by intersection approach to address pedestrian safety and bicycle
routing through the Core’s intersections.
2. A corridor approach to address safety for all users in the Core.
Legend
Commercial Core
Boundary
Central Resort Area
139
RECOMMENDATIONS: Staff will continue implementing incremental improvements at
intersections to improve pedestrian safety and routing for bicycles. Staff recommends
Council consider modifications to the ROW cross section to safely accommodate all users
in the Core.
Staff will analyze our downtown core corridors to develop concepts that incorporate safe,
designated areas for all users which will improve safety in the Core. These concepts will
be presented to council at a later date.
CITY MANAGER COMMENTS:
140
Critical Pedestrian Connections Update Engineering Department PJ Murray Pete Rice, PETrish Aragon, PEFebruary 1, 2021141
Critical Pedestrian Connections1. Status Updates on Critical Pedestrian Connections2. Safety in the Core
142
Critical Pedestrian ConnectionsLegendMissing Connection Completed Connection2021 Planned ConnectionFuture Approved Connection143
Critical Pedestrian ConnectionsLegendMissing Connection Completed Connection2021 Planned ConnectionFuture Approved ConnectionHallam Ped Bike WayBleeker St Sidewalk ConnectionKing St ConnectionPark Circle Connection144
Slide 4PM2 PJ Murray, 1/28/2021145
Completed Critical Pedestrian Connections BleekerSt.King St.Before:After:146
Completed Critical Pedestrian Connections Hallam Ped Bike-WayPark Circle Before:After:Source: Aspen Daily News147
Critical Pedestrian ConnectionsLegend2021 Planned Connection 1. Paepcke Park 2. Mill St and Puppy Smith 3. Original St & Ute Ave4. Gibson AveFuture Approved Connection5. S Garmisch St6. Spruce St7. Koch Park 8. Francis Whitaker Park9. Puppy Smith (South Side) 148
Mill St & Puppy Smith Sidewalk Connection 149
Mill St & Puppy Smith Sidewalk Replacement Intersection of N Mill St and Puppy Smith St looking north150
Original Street & Ute Ave Connection151
Original Street & Ute Ave ConnectionAbove: Intersection of Original St and Durant Ave looking south Below: Ute Ave looking east (adjacent to Benedict Building)152
Neale and Gibson Ave Sidewalk Connection153
Neale and Gibson Ave Sidewalk ConnectionIntersection of Neale Ave and Gibson Ave looking east. 154
Critical Pedestrian ConnectionsLegend2021 Planned Connection 1. Paepcke Park 2. Mill St and Puppy Smith 3. Original St & Ute Ave4. Gibson AveFuture Approved Connection5. S Garmisch St (2022)6. Spruce St (2022)7. Koch Park (2024)8. Francis Whitaker Park (2025)9. Puppy Smith (South Side) (TBD)155
Critical Pedestrian ConnectionsStaff recommends that Council completes all the mentioned projects. Does Council have any preference on prioritization of the future approved projects. 156
Safety in the COREEngineering Department PJ Murray Pete Rice, PETrish Aragon, PEFebruary 1, 2021157
Safety in the Core158
Safety in the CoreLegend Intersections identified for improvement opportunities Central Resort AreaCommercial Core Area159
Safety in the CoreLegend Intersections identified for improvements opportunitiesHopkins Ave Corridor Mill St Corridor Galena St Corridor Central Resort AreaCommercial Core Area160
Safety in the CoreAlternatives: 1. An intersection by intersection approach to address pedestrian safety and bicycle routing through the Core’s intersections2. A corridor approach to address safety for all users in the Core. 161
Safety in the CoreRecommendations: 1. To continue implementing incremental improvements projects at intersections to improve pedestrian safety and routing for bicycles. 2. Staff also recommends that Council consider modifications to the ROW cross section to safely accommodate all users in the Core. a. Staff will analyze our downtown core corridors to develop concepts that incorporate safe, designated areas for all users and present these options to Council at a later date. 162