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AGENDA
CITY COUNCIL REGULAR MEETING
January 11, 2022
5:00 PM, City Council Chambers
130 S Galena Street, Aspen
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
III.A.Swearing In Of New Police Officer Sarah Freihon
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VI.A.Resolution #001, Series of 2022 - Designating the Public Place for Posting Notices
Of Public Meetings
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VI.B.Resolution #002, Series2022 - Adopting Science-based GHG Reduction Targets
VI.C.Resolution #003, Series of 2022 - 2022 Regional State and Federal Policy Agenda
VI.D.Resolution #004, Series of 2022 - Approval of Contract Change Order 01-Red Brick
Arts Building Electrical Panel Replacement
VI.E.Resolution #005, Series of 2022 - Contract with GrassRoots for Television
Broadcast Services
VI.F.Resolution #006, Series of 2022 - Parks Campus Grading and Drainage
Improvements Change Order No. 1
VI.G.Resolution #007, Series of 2022 – Highlands Water Tank Inspection, Design, Build,
and Maintenance Services (2021-231)
VI.H.Resolution #008, Series of 2022 - Development Review Fee Study - Consulting
Services Contract
VI.I.Resolution #010, Series of 2022 - 4th and Smuggler Stop Sign Warrant
VI.J.Resolution #011, Series of 2022 - RWAPA Updated IGA
VI.K.Draft Minutes of December 7th, 8th, & 14th, 2021
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
X.ACTION ITEMS
X.A.Update to Emergency Administrative Order 01-2021
X.B.Moratorium - Council Goals and Priorities
XI.ADJOURNMENT
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MEMORANDUM
TO:City Council
FROM:Nicole Henning, City Clerk
THROUGH:James R. True, City Attorney
MEMO DATE:January 5, 2022
MEETING DATE:January 11th, 2022
RE:Designating the Public Place for Posting Notices for Public
Meetings
REQUEST OF COUNCIL:It is requested that City Council approve
Resolution No. 1, Series of 2022, adopting the method for posting notices
of public meetings.
SUMMARY AND BACKGROUND: Pursuant to state statute, C.R.S., Section
24-6-401, et seq., the Colorado Open Meetings Law,prior to July 1,2019,
governmental entities were required to annually designate a physical
location at which notices of public meetings would be posted. In 2019, the
State Legislature amended this statute to allow governmental entities to
post notices of meetings on a public website. The purpose of the
amendment to Section 24-6-402(2)(c)(III) was specifically to relieve a local
government of the requirement to physically post meeting notices. In
recent years, even prior to the amendment of the statute, the city has
posted notices of meetings at the designated physical location and on its
website, when possible.
DISCUSSION: The intention of Resolution No. 1 is to formalize the
authority to post notice of meetings on the City's website.In addition,the
statute requires that in the event of exigent or emergency circumstances,
such as a power outage or an interruption in internet service that prevents
the public from accessing the notice online,notice must be posted at a
physical location. The resolution designates that physical location as a
location on the third floor of the new Aspen City Hall outside of the Clerk’s
Office.
FINANCIAL IMPACTS: None.
STAFF RECOMMENDATION: It is recommended that Resolution No. 1,
Series of 2022 be adopted.
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RESOLUTION NO. 1
(SERIES OF 20 22)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC
MEETINGS.
WHEREAS, The City Council of the City ofAspen, Colorado, deems it in the public
interest to provide full and timely notices of all its meetings; and
WHEREAS,the Colorado state legislature amended the Colorado Open Meetings
Laws,C.R.S.,Section 24-6-401,et seq.,to relieve a local government of the requirement to
physically post meeting notices;and
WHEREAS,pursuant to such amendment set forth in C.R.S.,Section 24-6-
402(2)(c)(III),as of July 1,2019,a local public body shall be deemed to have given
full and timely notice of a public meeting if the local public body posts the notice,
with specific agenda information if available,no less than twenty-four hours prior to
the holding of the meeting on a public website of the local public body;and
WHEREAS,the City of Aspen maintains a website and currently posts within
such website, consistent with Section 24-6-402(2)(c)(III),notices of all meetings of
the "local public body,"which is defined by C.R.S.Section 24-6-402(l )(a)(I),to include
"any board,committee,commission,authority,or other advisory,policy-making,rule-
making,or formally constituted body of any political subdivision of the state and any public
or private entity to which a political subdivision,or an official thereof,has delegated a
governmental decision-making function but does not include persons on the administrative
staff of the local public body;"and
WHEREAS, pursuant to C.R.S. Section 24-6-402(2)(c)(III) the local public body
shall designate a public place within the boundaries of the local public body at which it
may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a
notice online in exigent or emergency circumstances such as a power outage or an
interruption in internet service that prevents the public from accessing the notice online;
and
WHEREAS,C.R.S.,Section 24-6-402(2)(c)(I)requires that all public bodies
subject to the requirements of the law to annually designate the place for physically posting
notices of public hearings,if physical posting is required.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN,COLORADO,THAT:
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Section 1.
Full and timely notice of a public meeting held by the City Council of the City of
Aspen and each meeting of any other board,committee,commission,authority,or other
advisory,policy-making,rule-making,or formally constituted body of the City of
Aspen,shall be deemed to have been given by posting the notice,with specific
agenda information,if available,no less than twenty-four hours prior to the holding
of the meeting,on a public website of the City of Aspen.The notice shall be
accessible at no charge to the public.
In the event of exigent or emergency circumstances,as defined in C.R.S.
Section 24-6-402(2)(c)(III),notice of a public meeting shall be posted by the City
Clerk at least twenty-four hours prior to the holding of the meeting at a designated
location outside of the Clerk’s Office on the third floor of City Hall,427 Rio
Grande Place ,Aspen,Colorado.
Section 2.
The City Clerk shall notify each board,committee,commission,authority or
other advisory,policy-making,rule-making, or formally constituted body of the City of
Aspen of the contents of this resolution and the other general requirements of the
Colorado Open Meeting Law,C.R.S.,Section 24-6-401 et seq.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11
th
day of January 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City meeting held
January 11,2022.
___________________
Nicole Henning, City Clerk
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MEMORANDUM
TO: Mayor Torre and City Council
FROM: Ashley Perl, Climate Action Manager
Liz Chapman, Senior Environmental Health Specialist
THRU: CJ Oliver, Environmental Health and Sustainability Director
Phillip Supino, Community Development Director
MEMO DATE:January 3, 2022
MEETING DATE:January 11, 2022
RE:Adopting Science Based Sustainability Targets
REQUEST OF COUNCIL:This memo accompanies Resolution #002_Series2022 (Attachment A)
which sets science-based environmental sustainability targets for the City of Aspen and the Aspen
community related to greenhouse gas emissions (GHG)reductions and waste reduction activities. Staff is
requesting that City Council adopt the attached resolution and commit Aspen to reducing greenhouse gas
emissions by 63% by the year 2030 and 100% by the year 2050, along with reducing organics in the
landfill by 25% by 2025 and 100% by 2050 and diverting 70%of total landfill materials by 2050.
BACKGROUND:
Climate Impacts Locally and Globally. The impacts from climate change are already evident in Aspen
including hotter temperatures, shifting rain and snow patterns, and more precipitation arriving as rain
rather than snow. The number of consecutive frost-free days in Aspen has increased by forty-six days
since 1940 and by thirty days since 1980, representing the loss of over a month of winter in less than a
lifetime.These locally observed changes are happening across the Western region, nationally, and on a
global scale of unprecedented magnitude, and they represent existential threats to Aspen’s unique
mountain ecosystem and way of life.
Human activities are undeniably the primary cause of climate change and continue to exacerbate the
global emergency. Since the industrial revolution, greenhouse gas emissions attributed to human
activities have been responsible for approximately 1.1°C of warming.Aspen’s emissions and growing
population of full-time and part-time residents, visitors, and commuters are contributing to this climate
reality.To avoid the most catastrophic impacts of climate change, including the loss of 99% of the
world’s coral reefs, an additional meter of sea-level rise, and $7.9 trillion worth of costs to the global
economy, the Intergovernmental Panel on Climate Change (IPCC) recommends limiting global
temperature rise to 1.5°C and to not exceed 2°C. To continue down the path of business as usual is not an
option for towns as small as Aspen nor for the global community.
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In light of the disappointing COP26 outcome which failed to renew targets to reduce warming by 2030
and failed to pass an agreement to accelerate the phase-out of coal, towns and cities will continue to play
an essential role in climate action success. According to the UN Habitat report, “cities are major
contributors to climate change, consuming 78 per cent of the world's energy and producing more than 60
per cent of greenhouse gas emissions.”As an international resort town, Aspen has a responsibility to
reduce the local carbon footprint and set an example for other cities and towns across the globe.
Aspen’s History of Climate Action.Aspen has a thirty-year history of planning, mitigating, and reducing
its portion of global greenhouse gas emissions. A complete list of Aspen’s past actions is available as
Attachment B. On May 29, 2007, Aspen’s first Climate Action Plan was approved (the Canary Action
Plan) which set ambitious goals to reduce greenhouse gas emissions by 30% below 2004 levels by 2020,
and 80% below 2004 levels by 2050. Aspen has since implemented policies and programs to continually
reduce GHG emissions in pursuit of Aspen’s goals.
Waste Reduction as a Climate Action Measure. Since Aspen’s first GHG emissions inventory in 2004,
Aspen has recognized the contribution to global warming that is caused by the disposal of trash, and for
over 15 years, the City of Aspen pursued waste reduction through studies, education, and legislation. A
history of Aspen’s specific waste reduction actions is included in Attachment B.
DISCUSSION:
What is a Science Based Target?
Aspen’s science-based targets (SBT’s) are the result of Aspen’s recent commitment to the Race to Zero,
which first asks cities to endorse the Race to Zero principles and then to pledge to get to zero greenhouse
gas emissions as soon as possible and by 2050 at the latest. Set a 2030 interim target reflecting maximum
fair share effort to reach 50% global CO2 reductions.
Although Aspen has pursued GHG reduction targets since 2007, it is necessary to update those goals to
recognize the latest climate change data and to increase the speed and impact of Aspen’s climate actions.
ICLEI used Aspen’s 2017 community-wide greenhouse gas emissions inventory to calculate Aspen’s
SBT’s as follows:
63% reduction of 2017 emissions by 2030, and
100% reduction of emissions (net zero) by 2050
In addition to calculating overall GHG reduction goals, ICLEI provided Aspen-specific waste reduction
goals for Council’s consideration. Waste reduction is a critical pathway to achieving Aspen’s carbon
reduction goals and is responsible for 12% of total community GHG emissions. Staff recommends City
Council adopt the following science-based targets for the waste reduction sector:
Reduce organics in the landfill by 25% by 2025 and 100% by 2050
70% total diversion by 2050
Science based targets are designed to hold global temperature increases to 1.5°C to slow and hopefully
decrease the speed and impacts of global warming. SBT’s rely on the most up-to-date climate projections
to build plausible, responsible, and objective goals for cities to cut global emissions in half by 2030 and to
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zero by 2050. These targets are calculated and set by ICLEI using the One Planet City Challenge (OPCC)
methodology. The methodology starts with an understanding that cities must limit emissions within a
defined cumulative threshold to prevent the worst effects of climate change. SBT’s then establish a city’s
fair share of global emissions while incorporating factors such as economic productivity and historical
emissions. While Aspen has adopted aggressive greenhouse gas emissions reduction goals in the past,
SBT’s strategically position Aspen’s future climate action efforts in alignment with global efforts to
reduce emissions and encourage Aspen to take bolder actions.
These science-based targets will provide meaningful milestones for staff and partners to track progress
relative to the anticipated emissions reduction path, and to adjust action items where necessary. SBT’s act
as a rallying point for Aspen’s climate and sustainability goals and frame the importance of these goals in
more tangible and real terms. By setting ambitious SBT’s, Aspen continues to take meaningful steps
towards a global net-zero economy. As staff develop strategies to achieve science-based targets, planning
efforts should be centered in equity and involve diverse stakeholder groups across social and business
sectors in the Aspen community. Residents and businesses should be afforded meaningful opportunities to
participate in the planning process and help design what Aspen’s net-zero emissions future should look
like.
Next Steps.If City Council approves Resolution #002_Series2022, staff will begin the process of updating
the community Climate Action Plan that will delineate a pathway for Aspen to achieve these science-based
targets. This plan will include individual strategies and goals for the waste reduction sector as well as
building energy use and transportation. Staff will also continue to work on the next steps of the Race to
Zero commitment included below:
Plan: the actions necessary to achieve both the 2030 and 2050 targets within 12 months of joining
Proceed: with high-impact action to achieve the targets during 2021
Publish: report Race to Zero actions by 2022
FINANCIAL IMPACTS:
There is no direct cost to the City of Aspen or the community for the calculation or adoption of science-
based targets. Subsequent and related climate action programming requires funding for staff and capital
projects. These individual program budgets and the overarching Climate Action Office budget is reviewed
with and approved by City Council on a regular schedule and as needed.
STAFF RECOMMENDATION:
Staff recommends that City Council approve Resolution #002_Series2022 and adopt new GHG emissions
reduction goals to set a bold pathway for the Aspen community’s climate action leadership.
ALTERNATIVES:
City Council could choose not to adopt new targets and keep the existing targets. City Council could also
choose to adopt different targets that are not science-based.
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CITY MANAGER COMMENTS:
_____________________________________________________________________________________
_______________________________________________________________________________
Attachment A: Resolution #002_Series2022
Attachment B:Aspen’s Past Climate Action and Waste Reduction Actions
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RESOLUTION #002
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
COMMITING TO REDUCING GREENHOUSE GAS EMISSIONS ASSOCIATED WITH
THE ASPEN COMMUNITY BY 63% BY 2030 AND 100% BY 2050 AND ADOPTING
COMPLEMENTARY WASTE REDUCTION TARGETS.
WHEREAS, human activities are causing unprecedented global warming and in order to avoid
the worst climate impacts, global temperature should be kept under 1.5°C of pre-industrial
levels; and
WHEREAS, Aspen is facing an existential threat from climate change, with higher temperatures
being recorded across all seasons, more precipitation arriving as rain rather than snow, and the
annual frost-free period extending by over one month since 1980; and
WHEREAS, more frequent wildfire events both locally and nationally threaten the wilderness,
private and public property, community health and safety, including the risk of landslides and
increased days of impaired air quality; and
WHEREAS, the City of Aspen has made long-standing commitments to reduce its contributions
to global greenhouse gas emissions; and
WHEREAS, in 2017, City Council adopted the Aspen Climate Action Plan that established
goals to reduce greenhouse gas emissions by 30% below 2007 levels by 2020, and 80% below
2007 levels by 2050; and
WHEREAS, these commitments have led to reductions in emissions from 2004 levels, yet with
international commitments falling short at COP26, local governments must continue to lead the
way on climate action; and
WHEREAS, in 2021, the City of Aspen signed on to the Race to Zero, which requires cities to
adopt interim science-based targets of a reduction of 2017 emissions by 63% by 2030, and 100%
reduction of emissions (net zero) by 2050; and
WHEREAS, science-based targets are greenhouse gas emissions targets that represent a fair
share of the global emissions reduction required to achieve 50% less emissions by 2030 and
reach global net zero by 2050; and
WHEREAS, resource extraction and processing accounts for 50% of global GHG emissions,
and Aspen can reduce related emissions by achieving waste diversion goals that circulate
materials back into the economy including reducing organics in the landfill by 25% by 2025 and
100% by 2050 and diverting 70% of total landfill materials by 2050; and
WHEREAS, the planning and strategy behind achieving these science-based targets will be
centered in equity in order to engage with community stakeholders and deliver an inclusive and
comprehensive path to achieving a net-zero future; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
The City Council of the City of Aspen hereby approves the resolution to recognize the pressing
need to limit global warming and adopt science-based targets to achieve a reduction of 2017
greenhouse gas emissions by 63% by 2030, and 100% reduction of emissions (net zero) by 2050;
and reduce organics in the landfill by 25% by 2025 and 100% by 2050 and divert 70% of total
landfill materials by 2050; and
The City of Aspen staff are hereby directed to:
1. Initiate project planning efforts to update the Community Climate Action and
Sustainability Plan using science-based targets set by ICLEI-Local Governments for
Sustainability, which includes the development of a comprehensive waste reduction
strategy for Aspen.
2. Ensure that all community-wide and government emission reductions strategies including
policy action items and community outreach are centered in equity so as to consider
different perspectives and areas of expertise.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th
day of January 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held, January 11, 2022.
Nicole Henning, City Clerk
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Attachment B: Past Actions on Climate Change
Aspen’s elected officials have long supported ambitious and effective action to both cut emissions
and respond to the impacts of climate change. The following list is an overview of previous actions
that have helped Aspen lead in the areas of climate action and sustainability. This list is not all
inclusive.
1991:Adopted the 1986 Model Energy Code.
1994:The Community Office for Resource Efficiency (CORE) is founded.
1996:Adopted the Aspen/ Pitkin Energy Conservation Code in 1996, Ordinance 3.
1999:Revised Aspen Energy Conservation Code to collect fees for the Renewable Energy
Mitigation Program (REMP).
2003:Adopted the Aspen / Pitkin Efficient Building Program.
2004, 2007, 2011, 2014& 2017:Published community wideGHG inventories to better understand
the Aspen community’s GHG sources, trends, and reduction opportunities.
2005:Formed the Canary Initiative (now known as the Climate Action Office) with the goal of
aggressively reducing Aspen’s carbon footprint to protect the community’s future.
2005: Modified Section 12 of the Municipal Code (Solid Waste) to require waste haulers to include
curbside recycling services along with trash services and to combine the costs for these services
into a single billing line; requires haulers to submit bi-annual reports regarding the amount of trash
and recycling transported; prohibits yard waste material from being deposited into the landfill.
2006: Published Climate Change and Aspen: An Assessment of Impacts and Potential Responses
to understand how anticipated changes are likely to affect key sectors and ecosystems.
2007:Adopted the first Climate Action Plan, covering the years 2007 – 2009. This Plan specified
GHG reduction goals of 30% below 2004 levels by 2020 and 80% below those levels by 2050.
2009:Revised REMP to include Commercial REMPand adopted the 2009 International Energy
Conservation Code.
2009: Conducted a waste composition analysis at the Pitkin County Solid Waste Center as part of
a regional waste characterization effort.
2010:Expanded food waste composting operations
2012:Published an updated Aspen Area Community Plan that prioritized reductions in GHG
emissions, energy use, and traffic congestion.
2013: Added the definition of “compostable materials” to the Municipal Code and added Section
12.10 to require new development to provide adequate space for trash and recycling containers in
commercial and multi-family development.
2014:Published Climate Change and Aspen 2014: An Update on Impacts to Guide Resiliency
Planning and Stakeholder Engagement detailing likely climate impacts and providing adaptation
strategies in key sectors.
2015:Accomplished a key CAP goal of achieving 100% renewable electricity for Aspen Electric.
2015:Further expanded food waste composting program, which was officially named SCRAPS!
2015-2017: Commissioned a waste reduction study in partnership with Pitkin County which
included an updated waste composition analysis and resulted in recommendations on how to
reduce landfill waste.
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2016:Finalized a resilience strategy to prepare key sectors of the community for the unavoidable
impacts of climate change.
2016:Adopted Resolution 11, Series 2016 urging the U.S. Congress to introduce and pass carbon
fee and dividend legislation.
2016:Joined the Global Covenant of Mayors for Climate and Energy, an international alliance of
local governments dedicated to reducing global scale emissions through local action.
2016:Joined Colorado Communities for Climate Action (CC4CA), a coalition of local
governments working to affect climate and energy policy at the state level.
2017:Launched the Compact of Colorado Communities to help build the necessary capacity for
effective climate action in local governments throughout the state.
2017:Adopted Aspen Community Electric Vehicle Readiness Plan and began implementation by
installing public charging stations and providing EV education across Aspen.
2018:Adopted Aspen’s Climate Action Plan and re-committed to reducing GHG emissions 30%
below the baseline by 2020 and 80% by 2050.
2018:Published the GHG Reduction Toolkit, which won a State of Colorado Award for Clean
Energy Leadership.
2018 - 2019:Began implementing the Climate Action Plan.
2019:Released the 2017 Community-wide GHG Inventory, finding that the Aspen community had
reduced its total GHG emissions 20.5% below 2004 levels.
2019:Adopted Resolution #114 in support of Energy Innovation and Carbon Dividend.
2019:RFTA added 5 new all-electric buses to the regional fleet.
2020:Extensive participation in Colorado legislative working groups that led to the passage of
rules and regulations prioritizing outcomes in the GHG Roadmap process, and Colorado Electric
Vehicle Plan.
2021:Holy Cross Energy’s 5MW solar array in Woody Creek officially came online.
2021:Signed on to Race to Zero, a global campaign to rally leadership and support from
businesses, cities, regions, investors in efforts to achieve a decarbonized economy by 2050.
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MEMORANDUM
TO:Mayor and City Council
FROM:Tara Nelson, Sr. Paralegal
DATE OF MEMO:December 27, 2021
MEETING DATE:January 11, 2022
RE: City of Aspen’s 2022 Regional, State and Federal Policy Agenda
REQUEST OF COUNCIL: This purpose of this item is to present final consideration and
adoption of the proposed 2022 Regional, State and Federal Policy agenda.
PREVIOUS COUNCIL ACTION:Council reviewed and discussed a draft version of the 2022
Policy Agenda at the December 13, 2021 work session. Document development from the
aforementioned work session reflects the Policy Agenda before you today.
BACKGROUND: City Council has previously adopted a 2020 and 2021 policy agenda as a
guiding document.
DISCUSSION:This agenda aims to become the cornerstone for City Council to make informed
decisions for which policy matters are determined. As outlined, the purpose of the Policy Agenda
will be used by individual City Council members and city staff to inform city positions taken on
specific bills once the legislative session begins.
Once approved, the Policy Agenda will inform and provide authority for the remainder of 2022.
Further, the City will be able to utilize the Policy Agenda as a direct advocacy of government
officials as well as build coalitions and to attempt to influence positions adopted by the
intergovernmental organization we participate with.
RECOMMENDED ACTION:Adopt a 2022 Policy Agenda as a guiding document.
ALTERNATIVES:Choose not to adopt a formal guiding document 2022 Policy Agenda
CITY MANAGER COMMENTS:
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RESOLUTION # 03
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ADOPTING A 2022 REGIONAL, STATE AND FEDERAL POLICY AGENDA
WHEREAS there has been submitted to the City Council a 2022 Regional, State and
Federal Policy Agenda, a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that 2022 Policy Agenda, a
copy of which is annexed hereto and incorporated herein and does hereby authorize the Mayor or
City Manager to approve said policy agenda on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
_____ day of _____________, 2022.
__________________________
TORRE, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
__________________________
Nicole Henning, City Clerk
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Adopted and Approved at the January 11, 2022
regular City Council meeting Resolution #003, Series of 2022
2022
REGIONAL, STATE AND
FEDERAL POLICY AGENDA
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CITY OF ASPEN - 2022 POLICY AGENDA
2Sara G. Ott
Sara.Ott@aspen.gov
(970) 920-5083
CITY MANAGER
Torre, Mayor
Torre@aspen.gov
(970) 948-2023
Skippy Mesirow
Skippy.Mesirow@aspen.gov
(847) 530-0811
John Doyle
John.Doyle@aspen.gov
(970) 948-6251
Rachel Richards
Rachel.Richards@aspen.gov
(970) 710-1038
Ward Hauenstein, Mayor Pro-Term
Ward.Hauenstein@aspen.gov
(970) 948-3858
CITY COUNCIL
Tara Nelson
Tara.Nelson@aspen.gov
970-920-5059
SR. PARALEGAL
Mailing Address: 427 Rio Grande, Aspen, CO 81611 Website: www.cityofaspen.gov/1276/Policy-Agenda
17
CITY OF ASPEN - 2022 POLICY AGENDA
3CONTENT
PURPOSE OF THE POLICY AGENDA 4
PRINCIPLES (*not in any particular order of preference)5
DELIVER QUALITY ESSENTIAL SERVICES 6
ENVIRONMENTAL SUSTAINABILITY 6
LANDS & NATURAL RESOURCES 7
HEALTH, HOUSING & HUMAN SERVICES 7
SERVICE INTEGRATION & COLLABORATION 8
LOCAL CONTROL 8
FISCAL RESPONSIBILITY 8
DELIVER ASPEN AREA COMMUNITY PLAN THEMES 9
INCLUSION AND EQUITY 10
ELECTIONS 10
PRIORITIES (*not in any particular order of preference)11
AFFORDABLE HOUSING 12
CLIMATE ACTION AND RESOURCE CONSERVATION 13
PUBLIC LANDS – NATURAL RESOURCES, WILDLIFE, PARKS, RECREATION 14
PUBLIC HEALTH & SAFETY 15
TELECOMMUNICATIONS 16
WATER AVAILABILITY & CONSERVATION 16
RIVER HEALTH 17
EARLY CHILDHOOD 17
RENEWABLE ENERGY 18
REGIONALISM 18
TRANSPORTATION 19
PROCESS 20
WHO'S WHO - OUR LEGISLATORS 20-21
DISTRICT MAPS AND DISTRICT NUMBERS 22-23
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CITY OF ASPEN - 2022 POLICY AGENDA
4The purpose of the City of Aspen’s 2021 Regional, State and Federal Policy Agenda (hereinafter “Policy Agenda”) is to inform city advocacy
on policy decisions that have the potential to significantly impact 81611 and surrounding jurisdictional boundaries. This includes legislative
decisions that may be made by the Colorado General Assembly or the U.S. Congress. It also includes various non-legislative decisions
that can be opined at the federal, state and regional levels, including but not limited to those before Colorado agencies (i.e., Air Quality
Control Commission, Public Utilities Commission, Department of Transportation, Department of Regulatory Affairs), federal agencies (i.e.,
Environmental Protection Agency, Department of Transportation, the Federal Communications Commission), regional governments (i.e.,
Regional Transportation District) and intergovernmental coalitions (i.e., Colorado Municipal League, Mountain Pact, Colorado Communities
for Climate Action, Climate Mayors, Northwest Colorado Council of Governments, Colorado Association of Ski Towns, Water Quality/
Quantity Committee, Elected Officials Transportation Committee)
The City offers the Policy Agenda as a guideline to regional, state and federal policy leaders for reference when considering decisions
impacting the City of Aspen. This agenda was developed in advance of the 2022 Colorado General Assembly. With the coordination of the
Sr. Paralegal, policy team staff and the City Manager, it will be used by individual City Council members and city staff to inform city positions
taken on specific bills once these legislative sessions begin. At that point, Council may consider adopting amendments to the Policy Agenda
to address specific bills that have been proposed.
Council may revisit the Policy Agenda at any point. It may do so as a body or with the Policy Advisor fellow as no intergovernmental affairs
committee exists. City Manager has created this position for the purpose of convening on an ad hoc basis as necessary when one or more of
the following circumstances exist:
1. There is an immediate need for council members to participate with staff in developing a strategy to advance or defeat a proposed
policy which is clearly addressed by the City’s Policy Agenda or other council-approved policy documents, or
2. A decision is expected to be made on regional, state or federal policy that affects a matter which council has previously provided
general direction on and that could significantly impact the city, but which council did not provide sufficient specific direction on (either
through its Policy Agenda or other approved policy documents) and with timing that will not allow for council direction to be obtained.
In these limited situations, the City Manager and Senior Paralegal may discuss such policy proposals so that the city can advocate
accordingly. Council is to be informed whenever such direction has been provided and may choose to subsequently revisit such
direction.
Modifications to this Policy Agenda require consistency, when applicable, with the criteria listed below:
1. Uniformity with current city council goals, community expectations and Aspen Area Community Plan;
2. Impact on our citizens general health, safety & welfare;
3. Expected relevance in the upcoming or present state and federal legislative sessions;
4. Uniqueness of issue or impact to the City of Aspen and/or to our regional partners;
5. Viability or likelihood of achieving goal weighed with importance of beginning to address/highlight critical issues;
6. Opportunity for providing funding for City of Aspen or its community partners; and,
7. Availability of metrics of success that would allow the position to be deleted from future agendas if achieved
This policy agenda recognizes circumstances arise wherein a City Council member may be a lone representative of an organization and must
address and/or vote on a policy position on the spot. Departures from these criteria are made in unique circumstances as determined by
council, such as when adoption of a city position is important to support its regional partners, even while the policy in question is otherwise
of limited consequences to the city. Further, departures may broaden our approach for advocacy with policies that align with our values and
intention for our state and nation even when they are benign towards Aspen or may disadvantage Aspen for a larger good or shared goal.
This policy agenda further recognizes that Aspen may look at how affiliations and like– minded organizations may take position on certain
pieces of legislation. Aspen will strive to take position with the recognition that it is unique, and although guidance from interest groups and
Colorado Municipal League may be sought, there are times where our position may not be consistent or aligned.
The City welcomes the opportunity to discuss the Policy Agenda. Please direct any questions to Tara Nelson.
PURPOSE OF THE
POLICY AGENDA
19
PRINCIPALS
AT A
GLANCE
CITY OF ASPEN - 2022 POLICY AGENDA
Delivery Quality
Essential Services
Environmental
Sustainability
Lands & Natural
Resources
Health, Housing
& Human Services
Service Integration
& Collaboration
Local
Control
Fiscal
Responsibility
Deliver Aspen Area
Community Plan
Themes
Inclusion & Equity Elections 520
CITY OF ASPEN - 2022 POLICY AGENDA
6The City urges Congress and the
General Assembly to expand resources
for those essential services that serve
the city’s most vulnerable, including
childcare assistance, access to affordable
health care, mental health and addiction
services, and protect the community and
the environment. As identified in the
Aspen Area Community Plan, the City
of Aspen’s intent is to ensure a broad
visitor base over the long-term, bolstering
the sustainability of our visitor-based
industry. In addition, this plan calls for
more aggressive measures to ensure that
the commercial sector provides essential
products and services, and to ensure
balance between a local-serving and
visitor-oriented commercial sector. We
foster policy to facilitate the sustainability
of essential businesses that provide basic
community needs. It is apparent that
gaps still exist in the provision of essential
services including adequate housing and
health care options for all community
residents. We value a collaborative
approach to finding creative, sustainable
solutions. As a principle, we are guided
by professional, legal and community
standards that provide opportunities
for people of all ages and abilities to
achieve a higher quality of life through:
self-reliance, public safety, health and well-
being, education and lifelong learning.
The City of Aspen maintains its commitment to
promote environmental stewardship and lead
climate action efforts throughout the Roaring
Fork Valley and beyond. We will continue to
advance policy that supports our ability to
protect our unique local environment, conserve
resources and deliver a sustainable future for
all. We will investigate and support efforts and
policies that offset and reduce greenhouse gas
(GHG) emissions in meaningful and measurable
ways as well as those that reduce waste through
prevention and diversion. We support policies
that reduce pollution from resource extraction
activities on public lands that have local and
regional impacts to our air quality, water quality
and GHG emissions. Aspen’s Climate Action
Plan (CAP) is the community’s roadmap for
reducing GHG emissions in Aspen and is used
to inform which strategies and policies should be
pursued by the City to further the mitigation of
climate change.
Deliver Quality
Essential Services
Environmental
Sustainability
21
CITY OF ASPEN - 2022 POLICY AGENDA
7Aspen is dedicated to supporting and sustaining healthy communities that strengthen individuals and
families while providing reasonable health and human services for anyone who calls the Aspen area home.
We will strengthen the quality of life and well-being for all people in our community by practices that
provide and promote opportunities in housing through the lens of policy that expands access and aids in
inclusion and equity regionally and statewide. We strive to advance the framework for jobs and access to
services, such as education, public safety and health through all phases of life. We value a collaborative
approach to finding creative, sustainable solutions and are guided by professional, legal and community
standards in providing opportunities for people of all ages and abilities to achieve a higher quality of life
through:
• Self Reliance: We must work together to help each person in our community meet basic needs and
remain self-sufficient to the greatest extent possible.
• Public Safety: We must continue to ensure that our safety services (police, sheriff, fire, child and adult
protection, Mountain Rescue and emergency response, etc.) are efficient, effective, accessible and
coordinated.
• Health and Well-Being: We must encourage the highest level of personal health for everyone in our
community through programs that encourage healthy lifestyles, reduce risks and create access to
quality health care regardless of age, income or ability. Local and regional public health agencies, local
boards of health, providers and non-profits must work together to ensure community-wide access to a
comprehensive set of health services.
• Education and Lifelong Learning: We must work together to ensure educational opportunities are
available to all members of our community
The City of Aspen has established a dynamic natural resource program that encompasses both the urban
forest and the surrounding natural resources. With over 1,100 acres of open space being 'locally secured'
and protected by taxpayer funded acquisitions situated within a county comprised of thousands of acres of
Federal BLM and Forest Service lands, we are committed to preserving and protecting these vital resources
as well as enhancing our natural surroundings. We work to preserve open spaces for recreational use,
wildlife habitat, scenic view planes and sustainment of our agricultural heritage; protect water sources and
ensure a sustainable water supply; protect air quality and water quality to reduce impacts to residents; and
support programs and funding for equitable access to public space and services.
Health, Housing & Human Services
Land & Natural Resources
22
CITY OF ASPEN - 2022 POLICY AGENDA
8As a home rule municipality, the City of Aspen
believes the authority to address issues that
pertain to the city must reside within. Local
governments are best suited to identify
solutions to local issues particularly regarding
the services provided and land use decisions
we make. Local authority also includes the
flexibility to determine use of funding locally
and precludes unfunded mandates from the
state or federal government.
City of Aspen budgeting reflects a priority
on high-quality government services through
six strategic focus area being:
• Community engagement
• Fiscal health & economic vitality
• Smart customer-focused government
• Environmental protection
• Safe, lived-in community of choice
• Development of publicly funded
housing, including broader support
and involvement in the creation of
non-mitigation affordable housing,
public- private partnerships
• City of Aspen believes it is critical to
the health of our economy to address
the state revenue structure that
restricts the state’s ability to respond to
changing economic conditions, including
the Taxpayer Bill of Rights (TABOR),
Amendment 23, and the Gallagher
Amendment.
Fiscal Responsibility
City of Aspen aims to ensure effective use
of taxpayer funds and successful outcomes
through efficient service delivery and integration
of public programs and services. To increase
efficiency and effectiveness, City of Aspen
engages in and strongly supports collaborative
efforts within city departments and with
partner agencies and organizations in the local
community, regionally, and state-wide.
Service Integration
& Collaboration
Local Control
23
CITY OF ASPEN - 2022 POLICY AGENDA
9We are committed to revitalizing and sustaining the underpinning of our thriving community, the
Aspen Idea. Our vision, map and plan of action for achieving goals rests with our Aspen Area
Community Plan (AACP). We strive to encourage collaboration among non-profit organizations,
local government, local businesses and individuals while fostering greater inclusivity and
participation in cultural events amongst the spectrum of community residents and visitors while
supporting activities and infrastructure, both social and physical, that enable and sustain the
Aspen Idea.
Implementing the themes of the 2012 AACP will require collaboration and cooperation among
public sector agencies, businesses, private non-profits, local institutions and the general public.
We are committed to:
• Revitalizing and sustaining the Aspen Idea
• Achieving sustainable land use practices that support a healthy year-round community and a
thriving, vibrant visitor-based economy
• West of Castle Creek Corridor area should provide a transition from rural expanses of
Pitkin County to urbanized atmosphere of downtown Aspen
• Providing an efficient, multi-modal and integrated transportation system that reduces
congestion and air pollution
• A strong and diverse year-round community and a viable and healthy local workforce are
fundamental cornerstones for the sustainability of the Aspen area community
• Aspen will be a local, regional, state and national leader in all aspects of environmental
stewardship
• Preserving our historic resources differentiates us a community and contributes to our
long-term cultural awareness and sustainability as a community
• Strengthen the quality of life and well-being for all people in our community by providing or
promoting opportunities in housing, jobs and access to services, such as education, public
safety and health through all phases of life
• Supporting programs and policies that promote affordable housing locally, regionally and at
the state level
Deliver Aspen Area
Community Plan Themes
24
CITY OF ASPEN - 2022 POLICY AGENDA
10The City of Aspen is committed to
creating an inclusive and equitable
community. By “inclusive”, we mean that
we strive to give all people a place at the
table as we engage in the processes to
consider policies and make decisions
toward our shared future. We will work
to ensure that everyone, regardless of
identity, feels welcome and is able to
contribute to, and enjoy, the vibrancy
of the community. By “equitable”, we
mean that the outcomes of our inclusive
processes aim to create conditions
where all people, especially historically
marginalized groups, have full and equal
access to the opportunities and resources
necessary to thrive in the community. We
will identify and remove any structural
inequities in our city policies, land
use regulations, city charter, or other
governing documents. In this commitment,
we are affirming that our individual
and collective diversity in gender, race,
ethnicity, religion, national origin, age,
sexual orientation, gender identify,
citizenship status, education, disability,
socio-economic status, or any other
identify is a valuable asset to Aspen’s
present and future. Accordingly, we will
support policies and efforts that have the
potential to increase, promote, achieve
and foster inclusivity and equity in Aspen
and the great Roaring Fork Valley region.
Inclusion & Equity
The City of Aspen conducts municipal
elections on the first Tuesday of March
in 2019, and biennially thereafter, and
special elections as required by the citizen
(or Council) initiative process. The City
of Aspen has full faith and trust in the
elections of Colorado and is committed to
conducting a clear, legal and trustworthy
city and county election. However, the
validity of our vote can be deteriorated
by other states when it comes to final
selection of the Senate and the Congress.
Steps need to be taken to ensure
quality civic dialogue. The City supports
efforts at a state, regional and national
level that strengthen our democracy,
including but not limited to, increasing
transparency, reducing or eliminating
corruption, campaign finance reform,
reducing or eliminating money in politics,
gerrymandering and redistricting, open
primaries, voter enfranchisement, process
improvements such as mail-in ballots,
steps that encourage voter participation
and increase voter choice, and additional
mechanisms to protect election integrity.
Elections
25
PRIORITIES
AT A
GLANCE
Affordable
Housing
Climate Action
and Resource
Conservation
Public Lands -
Natural Resources,
Wildlife, Parks,
Recreation
Public Health
& Safety
Telecommunications Water Availability
& Conservation
River Health Early Childhood
Renewable Energy Regionalism Transportation 11CITY OF ASPEN - 2022 POLICY AGENDA
The following are the City of Aspen’s priorities for the 2022 legislative session, NOT including references to legislation
that will be introduced in the General Assembly. City staff will closely monitor active legislation introduced in these
areas as well as request regional support for bills that pertain and have interest to us.
26
CITY OF ASPEN - 2022 POLICY AGENDA
12This policy area includes deed restricted and free market owner-occupied and rental housing
units which house Aspen and Pitkin County residents whose annual income is up to 240% of
AMI. Affordable housing is essential to the economic and social health and sustainability of
the City of Aspen. The City of Aspen is focused on the provision of quality affordable housing
to ensure the continued viability of the community. As such, the City advocates for State and
Federal policies and regulations which support its affordable housing program, including:
• State laws respecting home-rule authority and permitting municipal government to raise
revenue and budget for the development of affordable housing to meet local demand;
• State laws which enable local government to acquire or dedicate land for the development
of affordable housing;
• Increased federal and state funding for affordable housing tax credits, vouchers, subsidies
and other financial tools to support the development of affordable housing;
• Federal and state funding assistance for housing authorities to support the development
and management of affordable housing.
• Support for local government's ability to regulate, manage or generate alternative sources
of funding for affordable housing, including public-private partnerships
Affordable Housing
27
CITY OF ASPEN - 2022 POLICY AGENDA
13Climate change is leaving an indelible mark on Colorado and threatens the quality of life of residents.
The City of Aspen’s Climate Action Office identifies our city as one that is dependent on a stable climate
and the maintenance of natural resources for a thriving economy. Aspen is committed to reducing
GHG emissions through programming and policy in the following categories: low and zero emissions
transportation, waste reduction, energy reduction in buildings, and advocating for state and federal
regulations that support GHG emissions reductions. We support climate change preparedness, adaptation
and resiliency efforts, the Colorado GHG Pollution Reduction Roadmap, as well as more aggressive goals
and regulations that would require the state and country as a whole to reduce GHG Emissions. Aspen’s
local CAP identifies the actions necessary to achieve a sustainable future for our community. Last released
and updated in 2017, the CAP maintains our ambitious reduction targets and refocuses our commitment to
Aspen’s future. The City works in collaboration with Colorado Communities for Climate Action (CC4CA)
to address the legislation that the City expects to focus the bulk of its resources and political capital
on regarding climate action. CC4CA is a coalition of local governments across the state that work to
strengthen state and federal climate policy.
The City also engages with other coalitions, such as The Mountain Pact and Climate Mayors, to advance
climate change mitigation and resiliency efforts at the regional and federal levels. Aspen is committed
to resource conservation through the elimination of single use items, converting organic material into
compost, increased recycling education, and diverting construction and demolition materials away
from landfills. Per the AACP, Aspen supports policies which will promote resource conversation by
these methods. The City of Aspen understands that greenhouse gas emissions, including methane and
carbon dioxide, are produced from numerous sources, including those sources and activities not directly
controlled by the City of Aspen. One such source of warming causing emissions is abandoned coal mines
located across the west. The City of Aspen supports the activities necessary to reduce, capture and
eliminate the vast amounts of methane gas that is emitted from regional coal mines and the partners and
organizations leading and contributing to that work.
Furthermore, we support the preservation and expansion of local governments’ ability to engage in
climate action efforts that include local and multi-city commitments. These partnerships and affiliations
leverage successes at the state, national, and international level and create further value for our
community and others.
Climate Action and
Resource Conservation
28
CITY OF ASPEN - 2022 POLICY AGENDA
14Pitkin County is 88% public land. Those lands provide essential resources, landscapes, and recreation
opportunities which support the health and sustainability of our community, economy, and ecosystems.
The proper management of public lands mitigates community impacts from natural disasters, ensures
these lands support ecological health and biodiversity, provides diverse recreation opportunities, and
supports commercial and conservation uses. Given Aspen’s proximity to public lands, dependence on
those lands for community sustainability, and prioritization of climate and environmental action, the City
advocates for policies and regulations which deliver the following:
• Proactive forest management and wildfire mitigation which reduces threats from wildfire at the
Wildland-Urban Interface and provides resources for wildland fire mitigation and management;
• Federal lands management rooted in best practices and which balances recreation development and
commercial uses with conservation ensuring the long-term health and biodiversity of public lands;
• Federal lands policy and regulatory processes focused on public engagement and input,
collaboration, responsiveness, and adaptation to local needs and conditions;
• Recreation management focused on habitat preservation, user experience, diversity of travel and
access opportunities, and the sustainable management of existing resources.
• Extremely limited support for transfer of public lands to the states in cases where public access and
public benefit remain unchanged
• Adequate funding for Colorado Avalanche Information Center and overall adequate funding for
Forest Service and emergency agencies enacting and removing fire fuels, load mitigation, campsite
restoration and maintenance
Public Lands –
Natural Resources, Wildlife, Parks, Recreation
29
CITY OF ASPEN - 2022 POLICY AGENDA
15Providing for these quality of life factors is one of the core functions of municipal government. Community
policing, safe drinking water, clean clear air, and a healthy environment, development regulations, safe
transportation, and parks, recreation and open space programs are essential elements of a health
community. The City of Aspen is dedicated to providing these community services. The City is focused on
advocating for policies and regulations which assist in providing the services essential to a healthy, safe
community, including:
• Federal and state policies supporting community policing, intervention, prevention, public health, and
rehabilitation programs which support local control of public safety and health outcomes;
• Financial and policy support for inter-governmental coordination in the provision of public safety and
health services and programs;
• Local control over land use and development regulations which guarantee Aspen’s ability to implement
planning, zoning, and design controls on the built environment, and assess impact fees and other
exactions on development activities to deliver community goods and off-set the impacts from
development;
• Regulatory and financial support for the conservation of lands and provision of recreation services to
support public and environmental health;
• As members of the Western slope and residents of rural Colorado, a less populated side of Colorado,
we would like to see equitable distribution of resources needed to protect our community health and
safety
• In the event of an epidemic, pandemic, crisis or future public health concern, ensure medical services
are equally accessible to everyone.
Public Health & Safety
30
CITY OF ASPEN - 2022 POLICY AGENDA
16Providing a safe, legal and reliable water
supply to the City’s water customers
is necessary for supporting a vibrant
community. Water, especially in the West, is
a precious resource that must be diligently
protected. The City promotes the efficient
management of water through:
• Long-range planning efforts to identify
future water needs and projects;
• Legal strategies that protect the city’s
water rights;
• Conservation programs that promote
efficient water use;
• Coordinated responses for drought
management;
• Participation in State-wide efforts to
manage water resources to the benefit of
Colorado communities, especially on the
West Slope;
• Recognition of the importance of water
storage in providing a reliable water
supply. With less than a day’s worth of
storage, Aspen is especially vulnerable to
disruptions in the water supply.
Water Availability
& Conservation
Like transportation, water, sewer, and
energy services, telecommunications
infrastructure is an essential public utility.
The 21st Century economy relies on
fast, reliable, accessible, and affordable
telecommunications services. As a rural
community, Aspen and its surrounding
area are underserved by private
telecommunications providers, particularly
widely accessible high-speed broadband
access. Aspen is focused on ensuring
that telecommunications infrastructure is
responsibility deployed and managed to
mitigate impacts to community aesthetics,
public health, and public property
while providing accessible, reliable
telecommunications utility services.
Aspen supports policies and regulations
which:
• Support the development of
municipally owned or managed
telecommunications utilities
infrastructure and franchises, including
cellular and broadband services;
• Oppose federal or state preemption
of municipal control over access
to and regulation of infrastructure
and development within public
rights-of-way and the preemption of
imposition of design controls over
utilities infrastructure;
• Ensure equitable and affordable
access to high-speed, quality mobile
and broadband telecommunications
services
Telecommunications
31
CITY OF ASPEN - 2022 POLICY AGENDA
17Early childhood education is a pressing issue
that has the potential of providing infrastructure
for or holding back a thriving economy. When
parents who want to work can’t fully participate,
we hurt ourselves. Childcare is difficult to find,
especially infant care, forcing many families
to use less desirable care, work less, delay
returning to work, or leave the community.
Childcare is expensive, often costing a family
more than housing. The rising cost of childcare
has dampened women’s employment by 13 %
for those with children under age 5. Childcare
is a 3-legged stool: a functioning system that
supports families and children requires investing
in affordability, accessibility and high quality. If
a childcare proposal focuses only on bolstering
one leg, the others will grow weaker under the
pressure. More childcare spots won’t necessarily
mean parents can afford them. More money for
parents won’t help address quality or access.
The City of Aspen advocates for:
• An early childhood education comprehensive
plan that addresses high quality, access, and
affordability.
• Paid Family Leave that benefits children,
families, and the community
• Labor and workforce recognition and support
for the needs of families with young children
• Workforce development in early care and
education field, including scholarships,
training programs, and assessment and
coaching support
Early Childhood
Like all of our natural environment, our local
rivers are some of the community’s greatest
assets and the reason many people choose
to visit or make the Aspen area their home.
Our rivers provide for a high quality life;
support recreational, real estate, and tourism
economies; and provide our downstream
neighbors with drinking water. The health of
these rivers remains of highest importance to
our citizens and is identified in several guiding
documents for the City, including the Aspen
Area Community Plan and the Ecological Bill
of Rights. As such, the City is committed to
making choices and implementing programs
that protect, preserve, and promote river
health now and into the future, and is focused
on advocating for policies and regulation which
deliver the following:
• Watershed and water resources protection
and/or enhancement;
• Local control over water resources projects
and regulations that have the potential to
impact the quality or quantity of water in
the Roaring Fork watershed;
• Local control over land use and
development regulations which guarantee
Aspen’s ability to implement planning,
zoning, and design controls on the built
environment, and assess impact fees and
other exactions on development activities
to deliver environmental protection and
off-set the impacts from development
River Health
32
CITY OF ASPEN - 2022 POLICY AGENDA
18Aspen has long-supported efforts to minimize reliance on fossil fuels. In 2015 the City became the 3rd
City in the nation to provide 100% renewable energy to its customers. Aspen continues to support
efforts by other communities to reduce reliance on fossil fuels. Aspen should continue to develop and
invest in energy resiliency. New and creative options such as storage, local renewable energy generation,
and other emerging technologies should be explored to address community needs, enhance energy
choices, and respond to emergency preparedness on our local scale.
Renewable Energy
By exploring innovative and collaborative ways to close the gaps and meet demands, the City government
plays an important leadership role in the ethic of community. Regional and multi-jurisdictional cooperation and
collaboration enhances our quality of life. The City of Aspen engages in and strongly supports collaborative
efforts within city departments and with partner agencies and organizations in the local community, regionally,
and state-wide. The City of Aspen supports statewide legislation that would encourage, but is not limited to:
• Cooperation amongst community including affordable housing goals
• Proposals that recognize the range of impacts and advocate for reform
• around short term rentals in our community
• Health and well being
• Trails & Open space systems and acquisitions
• Adequate funding for Colorado transportation needs
• Healthy rivers and streams
• Early childhood education funding
• Fiscal funding for K-12 education
• Emergency Plans / Public Safety / Emergency Response
• Public Lands / Forest Management / Wildfire Mitigation
• Broadband
• Post COVID-19 recovery efforts
• Legislation that affects and relates to elections: ensuring enfranchisement, campaign finance reform,
increased civic and voter participation, and that elections remain fair, open, accessible and honestly run for
all registered voters
• Improvement of government transparency and accountability
Regionalism
33
CITY OF ASPEN - 2022 POLICY AGENDA
19The City of Aspen is a leader in Transportation Demand Management, actively supporting programs,
services and infrastructure that promote the use of transit, cycling, walking and shared mobility over
single occupant vehicle travel. We support commuter fringe benefits that encourage transit, bicycle,
walk and other non-SOV transportation modes and oppose fringe benefits for parking and others that
encourage SOV travel for commute trips. As new transportation technologies and services emerge and
evolve (e.g.: dockless mobility, autonomous vehicles, etc.) the City of Aspen supports efforts to maintain
the authority for local regulation of these services. The City supports efforts aimed at regulating the
share mobility industry to ensure safety, equity, data sharing, customer privacy and fair treatment of
employees. We support new transportation funding for:
• projects that maintain existing infrastructure and that are multimodal in design, legislation that
encourages “complete streets” that accommodate people using all modes of travel
• policies that support increased transportation funding for both ongoing and new transit planning
efforts, transit operations, clean transit vehicles and safe transit infrastructure that reduce the reliance
on single occupant vehicle travel
• innovative multi-modal projects including bicycle, pedestrian and first/ last mile services
• for demonstration or “sandbox” projects that provide the opportunity to test emerging technologies
• resort communities for recognizing that the needs of a commuting public and the importance of a
tourism economy are directly tied to transportation improvements and reduction in traffic congestion.
• encouragement of a balanced state transportation policy that addresses the need to maintain and
expand roadway, bicycle, pedestrian, transit, carpool/ vanpool and demand management options to
improve Colorado’s transportation system including preservation of the constitutional requirement
that highway user revenues be used for the construction, maintenance and supervision of the public
highways and bridges of the state
• legislation that enables and encourages the cleanest, most efficient possible technology for both
private vehicles as well as public transit vehicles while preserving local control over regulation and
local implementation
Transportation
34
CITY OF ASPEN - 2022 POLICY AGENDA
20LEGISLATIVE DELEGATION
U.S. CONGRESSWOMAN
LAUREN BOEBERT -
3RD DISTRICT
Phone: (970) 208-0460 Grand Junction office
Mike Curto, General Counsel
Mike.Curto@mail.house.gov
(202) 870-6151
PROCESS
To be most effective with our voice it is vital to establish a line of communication with our
affiliated district representatives. This direct method will help us be most successful with our
pertinent goals and where we can provide the most assistance.
35
CITY OF ASPEN - 2022 POLICY AGENDA
21U.S. SENATOR
MICHAEL F. BENNET
www.bennet.senate.gov
Phone: (970) 243-3936 Grand Junction office
Hilary Henry, Regional Rep (970) 782-8020
Hilary_Henry@bennet.senate.gov
U.S. SENATOR
JOHN HICKENLOOPER
Washington , DC 20510
www.hickenlooper.senate.gov
Janeth N. Stancle, Regional Rep
Phone: (970) 342-3150
Janeth_Stancle@hickenlooper.senate.gov
36
CITY OF ASPEN - 2022 POLICY AGENDA
22REP. JULIE MCCLUSKIE
STATE HOUSE DISTRICT 61
Email: julie.mccluskie.house@state.co.us
Phone: (303) 866-2952
37
CITY OF ASPEN - 2022 POLICY AGENDA
23SENATOR
KERRY DONOVAN
STATE SENATE DISTRICT 5
Email: kerry.donovan.senate@state.co.us
Phone: (303) 866 -4871
38
www.aspen.gov
427 Rio Grande Place
Aspen, CO 81611
39
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Chism, Business Services Director, Parks & Recreation
THROUGH: Austin Weiss, Parks and Recreation Director
MEETING DATE: January 11, 2022
RE: Change Order 01 Red Brick Arts Building Electrical Panel Replacement
REQUEST OF COUNCIL:
The Parks and Recreation Business Services Division is seeking City Council approval for an $11,120.00
Change Order 01 associated with the Red Brick Arts Building Electrical Panel Replacement project.
SUMMARY / BACKGROUND:
The Red Brick Arts Building has a number of aging components of building operations infrastructure,
including the primary electrical panel that distributes electricity to the building offices and studios. In
order to provide reliable electrical service to the building occupants and tenants in a manner that meets
current Electrical Code requirements, a replacement of the building’s inadequate and undersized
electrical panel was necessary. The electrical panel upgrade was identified as a 2021 capital project for
the Red Brick Arts Building.
The electrical contractor, Lassiter Electric, Inc. is contracted to the City through an as-needed services
agreement. A scope of work to replace the aged Red Brick Arts Building Electrical Panel was provided to
the City for $49,918.25 in early June 2021 and subsequently approved to proceed.
DISCUSSION:
Business Services and Red Brick Arts staff worked closely with Lassiter Electric, Inc. representatives to
establish a comprehensive scope of work to replace the aged electrical panel. The task of replacing a
primary electrical panel at an occupied building is challenging due to necessary interruptions in electrical
power supply during the switch over process from an old panel to a new panel. Work was scheduled
with Lassiter Electric to minimize impacts from electrical service disruptions to building occupants and
tenants.
The Change Order 01 (Attachment A) was the result of Lassiter Electric encountering unforeseen
installation challenges that triggered limited overtime charges. City staff authorized the limited
overtime and materials charges to enable work to proceed over a weekend to maintain the installation
schedule in order for the building’s electrical infrastructure to be fully functional for tenants during
regular business hours without detrimental impact to those Red Brick Arts Building tenants.
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FINANCIAL/BUDGET IMPACTS:
The procurement for the Electrical Panel replacement is included in the 2021 General Fund Capital
Project Budget, as project 51361, Red Brick Electrical Panel Upgrade. The Change Order 01 value of
$11,120 increases the $49,918.25 scope of work to $61,038.25. The increased scope of work value over
$50,000 requires City Council review and approval per City of Aspen procurement policy.
The additional $11,120 in funding for the project cost of Change Order 01 is available from the Red Brick
Building Repair and Maintenance 100% carryforward account 001.592.11925.53390.00000, which has a
positive balance of $94,588 as of 12/30/2021. Utilization of this identified 100% carryforward account
aligns with the electrical system repair needs at the Red Brick Arts Building.
ENVIRONMENTAL IMPACTS:
The replacement of the Red Brick Arts Building Electrical Panel allows for an improved efficiency and
safety of the electrical power distribution at the building, ultimately allowing the electrical panel to
meet Electrical Code compliant standards.
ALTERNATIVES
Council can choose to not approve the Change Order 01 value that was negotiated in good faith
between City staff and Lassiter Electric, Inc.
STAFF RECOMMENDATIONS:
Staff recommends approval of the Change Order 01 value of $11,120.00, increasing the total project
cost of the Red Brick Arts Building Electrical Panel Replacement to $61,038.25. Staff recommends
utilization of Red Brick Building Repair and Maintenance 100% carryforward account
001.592.11925.53390.00000 to fund the Change Order 01 value of $11,120.
CITY MANAGER COMMENTS:
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RESOLUTION #004
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT CHANGE ORDER 01 BETWEEN
THE CITY OF ASPEN AND LASSITER ELECTRIC, INC. AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER
ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract
Change Order 01 for, between the City of Aspen and, a true and accurate copy of
which is attached hereto as Exhibit “ A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
Change Order for, $11,120.00 between the City of Aspen and Lassiter Electric,
Inc., a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11
th day of January, 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, January 11th, 2022.
Nicole Henning, City Clerk
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MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Nicole Henning, City Clerk
THROUGH:Alissa Farrell, Administrative Services Director
MEMO DATE:December 20, 2021
MEETING DATE:January 11th, 2022
RE:GrassRoots Television, Inc. Contract
REQUEST OF COUNCIL:
Request approval of a contract in the amount of $61,480 with GrassRoots Television, Inc.
for television meeting coverage for the City of Aspen council meetings.
SUMMARY AND BACKGROUND:
GrassRoots has managed the television meeting needs for the City of Aspen for many
years and now will be recognized in a formal annual contract.
DISCUSSION:
Staff is requesting approval of the attached contract with GrassRoots Television, Inc. A
copy of the contract is included as Exhibit A.
FINANCIAL IMPACTS:
This request will be funded using 2022 allocated funds from City Council’s budget.
ENVIRONMENTAL IMPACTS: N/A
RECOMMENDATIONS:
Staff recommends that Council approve the contract with GrassRoots Television Inc. for
television broadcast services for the City of Aspen.
CITY MANAGER COMMENTS:
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RESOLUTION #005
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND GRASSROOTS TELEVISION, INC, AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
television broadcast services, between the City of Aspen and GrassRoots
Television, Inc., a true and accurate copy of which is attached hereto as Exhibit
“A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for, $61,480, between the City of Aspen and GrassRoots Television, Inc., a copy
of which is annexed hereto and incorporated herein and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11th day of January 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, January 11th, 2021.
Nicole Henning, City Clerk
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SERVICE AGREEMENT 2021-232
THIS AGREEMENT made this 23 day of November by and between the City of Aspen
("City") and the Supplier identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Supplier wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
SUPPLIER
GrassRoots Television Inc.
c/o John Masters
110 E. Hallam Street St#132
Aspen, CO 81611
Phone: 970-925-8000
Email: Master@GrassRootsTV.com
DESCRIPTION OF SERVICE
Television Meeting Coverage for The City of Aspen
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
The contract will be for a period of One (1) years with two (2) one-year options to renew if both
parties are agreeable. The contract will begin January 1 2022. The City will allow an annual price
increase based on CPI for years two and three, and the renewals if exercised.
DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
2022 total for City of Aspen:$61,480 Billed in Two Semi-annual installments, February and August.
AMENDMENTS TO GENERAL CONDITIONS
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The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A"
and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
City of Aspen: Supplier:
By: By:
Title: _______________________ Title: ________________________
Date: _______________________ Date: _________________________
Approved as to form:
_______________________________
City Attorney’s Office
General Conditions Special Conditions can be found on City of
Aspen Website.
https://www.cityofaspen.com/497/Purchasing
Serv-981.doc
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Executive Director
John Masters
1/6/2022 | 10:16:24 AM MST
1/6/2022 | 10:46:47 AM MST
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EXHIBIT "A"
CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Supplier") and the City
of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the Supplier
and the City shall be specifically noted on the Service Agreement.
1. Completion. Supplier shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Supplier shall submit, for the
City's approval, a schedule for the performance of Supplier's services which shall be adjusted as
required. This schedule, when approved by the City, shall not, except for reasonable cause, be
altered by the Supplier.
2. Payment. In consideration of the services provided, City shall pay Supplier the amounts
set forth in the Service Agreement. Supplier shall submit, in timely fashion, invoices for services
performed. The City shall review such invoices and, if they are considered incorrect or untimely,
the City shall review the matter with Supplier within ten days from receipt of the Supplier's billing.
Supplier's invoice shall be for the period ending the last day of each month and submitted to the
City no later than the 5th day of each month.
3. Non-Assignability. Both parties recognize that this contract is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Supplier of any of the responsibilities or
obligations under this agreement. Supplier shall be and remain solely responsible to the City for the
acts, errors, omissions or neglect of any subSupplier's officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Supplier to the extent of
the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any subSupplier unless agreed to in writing beforehand by the City.
4. Termination. The Supplier or the City may terminate this Agreement upon thirty (30)
days notice, without specifying the reason therefor, by giving notice, in writing, addressed to the
other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Supplier fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13, 14,
16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may
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terminate the Service Agreement with ten (10) days prior notice to cure and failure by Supplier to
so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Supplier shall not be relieved of any liability to the City for damages sustained by the City
by virtue of any breach of this Agreement by the Supplier, and the City may withhold any payments
to the Supplier for the purposes of set-off until such time as the exact amount of damages due the
City from the Supplier may be determined.
5. Covenant Against Contingent Fees. The Supplier warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Supplier, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Supplier
shall acquire, provide, maintain, and repair at Supplier's expense such equipment, materials,
supplies, etc., as necessary for the proper conduct of the services to be provided in accordance with
the Service Agreement.
7. Contract Monitoring. Supplier agrees to allow City to reasonably monitor the services to
be provided in accordance with the Service Agreement.
8. Independent Supplier Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Supplier shall be, and shall perform as, an independent Supplier who
agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Supplier shall be, or shall be deemed to be, the employee, agent or servant
of the City. City is interested only in the results obtained under this contract. The manner and
means of conducting the work are under the sole control of Supplier. None of the benefits provided
by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of Supplier.
Supplier shall be solely and entirely responsible for its acts and for the acts of Supplier's agents,
employees, servants and subSuppliers during the performance of this contract. Supplier shall
indemnify City against all liability and loss in connection with, and shall assume full responsibility
for payment of all federal, state and local taxes or contributions imposed or required under
unemployment insurance, social security and income tax law, with respect to Supplier and/or
Supplier's employees engaged in the performance of the services agreed to herein.
9. Indemnification. Supplier agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Supplier, any subSupplier of the
Supplier, or any officer, employee, representative, or agent of the Supplier or of any subSupplier of
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the Supplier, or which arises out of any workmen's compensation claim of any employee of the
Supplier or of any employee of any subSupplier of the Supplier. The Supplier agrees to investigate,
handle, respond to, and to provide defense for and defend against, any such liability, claims or
demands at the sole expense of the Supplier, or at the option of the City, agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any such liability,
claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction
that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault
of the City, its officers, or its employees, the City shall reimburse the Supplier for the portion of the
judgment attributable to such act, omission, or other fault of the City, its officers, or employees.
10. Supplier's Insurance. (a) Supplier agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Supplier pursuant to Section 9 above. Such insurance shall be in
addition to any other insurance requirements imposed by the Service Agreement or by law. The
Supplier shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 9 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Worker's Compensation insurance to cover obligations imposed by applicable laws
for any employee engaged in the performance of work under this contract, and Employers' Liability
insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident,
ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION
DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may
be substituted for the Worker's Compensation requirements of this paragraph.
(c) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION
DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and employee
acts), blanket contractual, independent contractors, products, and completed operations. The policy
shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(d) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS
($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with
respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of the services. The policy shall contain a severability of interests provision. If the
Contractor has no owned automobiles, the requirements of this Section shall be met by each
employee of the Contractor providing services to the City under this contract.
(e) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Supplier shall procure and maintain, and
shall cause any subSupplier of the Supplier to procure and maintain, the minimum insurance
coverages referenced in the Service Agreement. All insurance coverages shall be procured and
maintained with forms and insurance acceptable to the City. All coverages shall be continuously
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maintained to cover all liability, claims, demands, and other obligations assumed by the Supplier
pursuant to Section 9 above. In the case of any claims-made policy, the necessary retroactive dates
and extended reporting periods shall be procured to maintain such continuous coverage.
(f) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Supplier. No additional insured endorsement to the policies required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Supplier shall be solely responsible for any deductible losses under any policy required above.
(g) The certificate of insurance provided by the City shall be completed by the Supplier's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior written
notice has been given to the City.
(h) Failure on the part of the Supplier to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may terminate the Service Agreement as provided by Section 4 above, or at its
discretion City may procure or renew any such policy or any extended reporting period thereto and
may pay any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Supplier to City upon demand, or City may offset the cost of the premiums against
monies due to Supplier from City.
(i) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(j) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protection provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
11. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Supplier for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Supplier reasonable notice of any changes in its membership or participation in
CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction shall be made or
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presumption shall arise for or against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Service Agreement.
13. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Supplier certifies, by acceptance of the Service Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in any transaction with a Federal or State department or agency. It further
certifies that prior to submitting its Bid that it did include this clause without modification in all
lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor
or any lower tier participant was unable to certify to this statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Supplier warrants that no person or selling agency has been employed or retained to solicit or secure
this Contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Supplier for the purpose of securing business.
Supplier agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any other
advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Supplier represents that no official, officer, employee or representative of the City during
the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in the Service Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Supplier, vendor, or
sub-Supplier under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Supplier; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of City. The services contemplated by the
Service Agreement may be canceled by the City prior to acceptance by the City whenever for any
reason and in its sole discretion the City shall determine that such cancellation is in its best interests
and convenience.
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16. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, the Service Agreement shall be contingent upon the availability of those funds
for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount of
money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed by
certified mail, return receipt requested to the respective person or address listed for the Supplier in
the Service Agreement.
19. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Supplier agrees to meet all of the requirements of City's municipal code, Section
15.04.570, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained
herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen
Procurement Code, Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Supplier shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Supplier shall obtain all necessary business licenses and
permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons
engaged in business within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of the Service Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Supplier to which the same may apply and, until
complete performance by Supplier of said term, covenant or condition, the City shall be entitled to
invoke any remedy available to it under the Service Agreement or by law despite any such
forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be binding upon
all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be
binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly
authorized official in his or her absence).
24. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
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Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, that is jointly administered by the United States Department of Homeland Security
and the social security Administration, or its successor program.
2. "Department program" means the employment verification program established
pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a
subconsultant not involving the delivery of a specific end product other than reports that are
merely incidental to the required performance.
5. “Worker without authorization” means an individual who is unable to provide evidence
that the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services; and
2. Consultant has participated or attempted to participate in either the e-verify program or
the department program in order to verify that new employees are not workers without
authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization
to perform work under the Public Contract for Services.
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2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services through
participation in either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program
procedures to undertake pre-employment screening of job applicants while the Public Contract
for Services is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the
notice required pursuant to this section the subconsultant does not stop employing or contracting
with the worker without authorization; except that Consultant shall not terminate the Public
Contract for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant’s violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
25. General Terms.
DocuSign Envelope ID: 7CA29E32-A52E-4BAF-B9AD-D910D6169DD0
59
11
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully executed
by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid,
illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
26. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
DocuSign Envelope ID: 7CA29E32-A52E-4BAF-B9AD-D910D6169DD0
60
2022 CGTV 11 Station Management and Production Fee Structure
Summary presented to:
City of Aspen
By GrassRoots Television - Effective January 1, 2022
2022 3% adjustment based on U.S Bureau of Labor Statistics Denver-Boulder-Greely Consumer Price Index for
previous 6 months and projected next 6 months.
Invoice Semi-Annually.
A) CGTV 11 Station Management: Equal division of fixed station operating costs.
Fixed fee covers all CGTV operating costs, master control (playback and scheduling, video and audio
signal processing, delivering broadcast quality signal to cable company), overhead including applicable and
apportioned office rent and equipment, utilities, station management salaries, technical trouble shooting,
consulting.
Total:$119,376
Each jurisdiction:$29,844
B) GrassRoots Studio and Field Production Facilities and Equipment Partnership: Optional fee.
Enables GrassRoots to provide Jurisdiction with access to broadcast quality studio and field production
assets at same subsidized rate (40% discount) as Citizen and Educational not-for profit users (see
GrassRoots Broadcast Television Production Rates schedule below.) Non-partners pay standard rate for
production.
Each jurisdiction: $6,292
C) Pre-paid Meeting Coverage (includes multi-camera directing, Digital recording, graphics, Granicus streaming
feed, scheduling and playback):$264 per meeting. (Includes Facebook Live stream management fee)
Optional per meeting fees:
o Ala Carte (unplanned/billed monthly/not pre-paid) 4 hour meeting coverage: $315
o Early meeting management fee: Meetings starting before 4:00 pm without one month prior notice incur
additional $75 management fee
o Each meeting hour over 4 hours (gavel to gavel): $60/hr Overtime Fee per hour.
o FaceBook Live stream: $50 (Included in Pre-paid Council Regular Meetings and Work Sessions)
o OMP Setup and management fee $25.
Meeting coverage in remote, un-equipped rooms require additional field production fees (see next page)
The City of Aspen needs to email amy@grassrootstv.org notification of any cancelations, postponements
or rescheduling of meeting dates and/or times at the same time Council members are notified.
2022 total for City of Aspen:$61,480 Billed in Two Semi-annual installments, February and August.
A)$29,844
B)$6,292 City of Aspen charged Local Resident Rates for studio and field production.
C)$25,344 24 regular meetings. 72 Work Sessions. Four hours, gavel to gavel.
.
61
2022 GrassRoots Broadcast Television Production Rates for City of Aspen
(City of Aspen pays Local Resident Public Access Rates)
All fees include:
Guaranteed television airtimes,
Basic graphics including lower 1/3rds, titles and credits
Uploads to GrassRoots YouTube and one other social media
Standard Local Resident Public Access
STUDIO PRODUCTION
HD Studio 3 camera + computer feed $350 per 30 min show $160 per 30-minute show
live switched program.
Eight ½ hour studio show package $2,000
FIELD PRODUCTION
HD Field production (4 hour minimum)
Single camera with producer $860 $510
Single camera w/switched computer feed $1200 $705
2 camera + computer feed, one tech $1535 $900
2 camera + computer feed, two tech $2000 $1200
3 camera + computer feed, four tech $3955 $2500
All rates include two wireless microphones
Additional audio services (PA, audio mixing, etc.) require additional fees.
20% additional per hour over 4 hours.
Post Production (one hour minimums)
Non-linear editing $150/hr $90/hr (1 hr minimum)
Digital capture, mpeg, transfers, etc $100/hr $60/hr (1 hr minimum)
Additional Graphics $150/hr $90/hr (1 hr minimum)
DVD/tape duplication $75/hr $25 each
Technical and Creative Support $100/hr $60/hr (1 hr minimum)
(beyond regular maintenance)
Many other production services and levels available. Rates available upon request.
62
MEMORANDUM
TO:Mayor and City Council
FROM:Mike Tunte, Landscape Architect and Construction Manager
THROUGH:Matt Kuhn, Parks and Open Space Director
MEETING DATE:January 11, 2022
RE:Resolution #006 (Series of 2022)
Parks Campus Grading and Drainage Improvements Change Order No. 1
REQUEST OF COUNCIL:
The Parks and Open Space Department is seeking Council approval for a change order to a contract with
Gould Construction for the Parks campus paving (Resolution 053, 2021) for additional expense related to
the Parks Campus Grading and Drainage Improvements.
SUMMARY / BACKGROUND:
Once milling and site work commenced, unforeseen existing asphalt conditions were found that
required additional full depth paving greater than what had been included in the bid. In order to
minimize impacts to operations and complete the work prior to winter weather and the shutdown of
asphalt plants, staff worked with Gould to address the unforeseen conditions within the project time
window. The additional unit quantities are reflected in Change Order 1.
Parks and engineering staff anticipated some project overruns and requested that the project balance
for trail surface improvements be used to cover the majority of the augmented costs. Additionally, parks
staff have requested $38,961.65 from departmental savings to close out this project.
DISCUSSION:
The Parks Campus Grading and Drainage Improvements were needed to provide safe and functional
access to the Parks Campus for our staff and operations. Parks and Open Space staff worked closely with
our City Engineering team to establish satisfactory limits of work and an approach.
Following a competitive bid process, the City selected Gould Construction for the project. The previously
existing asphalt and subgrade conditionswere more degraded than anticipated requiring additional full
depth paving and sub-base preparation.
63
FINANCIAL/BUDGET IMPACTS:
The contract for the paving and drainage improvements was included in the 2021 Parks Fund Capital
Project Budget, as project 31340 Parks Campus Paving and Drainage. The contract funding is part of the
Parks fund (100) 2021 budget. The contract amount for the improvements was originally $272,985.19.
With the addition of this change order, the contract with Gould Construction will increase to
$340,824.03.
Additional expenses outside of the contract with Gould included survey staking, testing, striping and
construction management services, so that the total project cost came to $360,876.65. The complete
project will be funded using the remaining budget from Trail Surface improvements and departmental
savings. Staff will prepare a request for the re-adoption of the remaining 2021 project budget authority
in the 2022 spring supplemental.
ENVIRONMENTAL IMPACTS:
The proposed paving and drainage improvements utilized similar materials to what was previously used,
which are designed for the high concentration of traffic and heavy equipment. Drainage improvements
had minor water quality improvements to runoff. Asphalt millings were recycled to improve roads at
Cozy Point ranch.
ALTERNATIVES
Council can suggest an alternative funding approach.
STAFF RECOMMENDATIONS:
Parks and Open Space Staff recommends approval of the Change Order with Gould Construction for the
Parks Campus paving and drainage improvements.
CITY MANAGER COMMENTS:
64
RESOLUTION #006
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING CHANGE ORDER NO. 1 OF THE CONTRACT
BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE
ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a change order for
the Parks Campus Paving and Drainage Improvements contract (Resolution 53,
Series of 2021), between the City of Aspen and Gould Construction, a true and
accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Change
Order for the Parks Campus Paving and Drainage Improvements, between the City
of Aspen and Gould Construction, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11
th day of January 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, January 11, 2022.
Nicole Henning, City Clerk
65
66
2 Superintendents and tools 8 hours per day
Date:10/5/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/14/2021,9/15/21,9/16/21,
Qty Unit Price Line Total
23.00 96.71$ 2,224.33$
23.00 Operator 88.16$ 2,027.68$
23.00 Laborer 66.19$ 1,522.37$
-$
-$
-$
5,774.38$
Qty Unit Price Line Total
10.00 145.00$ 1,450.00$
-$
-$
-$
-$
-$
-$
1,450.00$
Sub-Total of Labor and Equipment 7,224.38$
Materials / Sub Contractors
-
-
7,224.38$
Attachments:
Work Detail:
Sub-Total Materials
Cleaned out additional dry wells and storm Inlets above 2 in contract
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
Extra Work Description
CO 1- Clean Out Additional Dry Wells
Labor
Superintendent
F550/Vac Trailer
Matt Petrak
Project Manager
67
2 Superintendents and tools 8 hours per day
Date:10/5/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/20/21,9/21/21
Qty Unit Price Line Total
6.00 96.71$ 580.26$
2.00 Operator 88.16$ 176.32$
6.00 Laborer 66.19$ 397.14$
-$
-$
-$
1,153.72$
Qty Unit Price Line Total
1.00 116.68$ 116.68$
1.00 98.49$ 98.49$
-$
-$
-$
-$
-$
215.17$
Sub-Total of Labor and Equipment 1,368.89$
Materials / Sub Contractors
1.15 294.66$ 338.86
338.86
1,707.75$
Attachments:
Work Detail:
Sub-Total Materials
Remove existing drywell, replace with NDS Inlet and tie into closest drywell with
4" pipe. Reset 3ft grate on top of NDS per detail provided by Phil,
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
314
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
Materials
Extra Work Description
CO 2 - NDS Inlet install/ Tie-In
Labor
Superintendent
930H IT
Matt Petrak
Project Manager
68
2 Superintendents and tools 8 hours per day
Date:10/5/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/24/21, 9/25/21,
Qty Unit Price Line Total
8.00 96.71$ 773.68$
8.00 Operator 66.19$ 529.52$
8.00 Laborer 66.19$ 529.52$
-$
-$
-$
1,832.72$
Qty Unit Price Line Total
8.00 116.68$ 933.44$
98.49$ -$
-$
-$
-$
-$
-$
933.44$
Sub-Total of Labor and Equipment 2,766.16$
Materials / Sub Contractors
4.00 85.00$ 340.00
1.15 455.00$ 523.25
1.15 Repair Unmarked Electric Conduit 752.29$ 865.13
1,728.38
4,494.54$
Attachments:
Work Detail:
Sub-Total Materials
Instal 2, 4" electric Sleeves
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
314
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
trucking
Utility Locates/Unmarked Line
Extra Work Description
CO 3 - Install Electric Sleeving
Labor
Superintendent
930H IT
Matt Petrak
Project Manager
69
70
71
2 Superintendents and tools 8 hours per day
Date:10/4/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/22/21
Qty Unit Price Line Total
1.00 96.71$ 96.71$
1.00 Operator 88.16$ 88.16$
1.00 Laborer 66.19$ 66.19$
-$
-$
-$
251.06$
Qty Unit Price Line Total
-$
-$
-$
-$
-$
-$
-$
-$
Sub-Total of Labor and Equipment 251.06$
Materials / Sub Contractors
-
-
251.06$
Attachments:
Extra Work Description
CO 4 - Winter Conditions
Labor
Superintendent
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
Matt Petrak
Project Manager
Work Detail:
Sub-Total Materials
Winter Conditions - Blanketing concrete pours per Phil's Recommendations
72
73
2 Superintendents and tools 8 hours per day
Date:10/4/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/21/21, 9/22/2021
Qty Unit Price Line Total
1.50 96.71$ 145.07$
1.50 Operator 88.16$ 132.24$
1.50 Laborer 66.19$ 99.29$
-$
-$
-$
376.59$
Qty Unit Price Line Total
-$
-$
-$
-$
-$
-$
-$
-$
Sub-Total of Labor and Equipment 376.59$
Materials / Sub Contractors
1.15 303.14$ 348.61
348.61
725.20$
Attachments:
Extra Work Description
CO 5 - Top Hats
Labor
Superintendent
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
Materials
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
Matt Petrak
Project Manager
Work Detail:
Sub-Total Materials
Top Hat Replacement
74
75
PO Box 130, Glenwood Springs, CO 81602 | phone: 970.945.7291 | fax: 970.945.8371
CHANGE ORDER REQUEST
PROJECT: DATE:
TO: REFERENCE NO:
GOULD PROJECT NO:
CHANGE REQUEST NO:
DESCRIPTION OF CHANGE:
BID
ITEM DESCRIPTION UNIT QTY UNIT PRICE
CONTRACT
PRICE
TOTAL
ADDITIONAL TIME DAYS
SUBMITTED BY: ____________________________________________________________ DATE: ____________
GOULD CONSTRUCTION
76
2 Superintendents and tools 8 hours per day
Date:10/4/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/30/21, 10/1/21
Qty Unit Price Line Total
10.00 96.71$ 967.10$
10.00 Operator 88.16$ 881.60$
10.00 Laborer 66.19$ 661.90$
-$
-$
-$
2,510.60$
Qty Unit Price Line Total
2.50 116.68$ 291.70$
2.50 98.49$ 246.23$
2.50 Water Truck 130.62$ 326.55$
1.00 224 Compactor 39.07$ 39.07$
-$
-$
-$
903.55$
Sub-Total of Labor and Equipment 3,414.15$
Materials / Sub Contractors
1.15 3,735.26$ 4,295.55
4,295.55
7,709.69$
Attachments:
Extra Work Description
CO 7 - Asphalt R&R/drainage
Correction
Labor
Superintendent
930H IT
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
Materials / Sub Contractors
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
314
Matt Petrak
Project Manager
Work Detail:
Sub-Total Materials
Asphalt Removal, Base install to allow 3% drainage to drywell in Lower Parks.
77
2 Superintendents and tools 8 hours per day
Date:10/6/2021
Job #:21044
Customer ID:
TO:
Job Date of Work
Aspen Parks
Asphalt/Drainage 9/14/2021,9/15/21,9/16/21,
Qty Unit Price Line Total
96.71$ -$
Operator 88.16$ -$
Laborer 66.19$ -$
-$
-$
-$
-$
Qty Unit Price Line Total
145.00$ -$
-$
-$
-$
-$
-$
-$
-$
Sub-Total of Labor and Equipment -$
Materials / Sub Contractors
4.00 175.00$ 700.00
700.00
700.00$
Attachments:
Work Detail:
Sub-Total Materials
Install/Maintain Dimple Boards for Vehicle Tracking
Equipment
Total Labor
Total Extra Work Billing
Total Equipment
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
T&M Detail
[Your Company Name]
[Your Company Slogan Here]
City of Aspen Parks Department
Rental for Dimple Boards
Extra Work Description
CO 8 - Erosion Control
Labor
Superintendent
F550/Vac Trailer
Matt Petrak
Project Manager
78
2 Superintendents and tools 8 hours per day
11/22/2021
Job: Aspen Parks Campus Aspahlt and Drainage
To:
Job
Aspen Parks Campus Aspahlt
and Drainage
Qty Unit Price Unit Line Total
11,953 Milling Credit (0.85)$ LS (10,160.05)$
11,953 Removal Full Section of Asphalt 1.60$ SF 19,124.80$
11,953 Scarify & Recompact Base Course 1.70$ SF 20,320.10$
146 Bottom 2" HMA Lift 215.00$ LS 31,390.00$
Subtotal 60,674.85$
SUBMITTED BY: ____________________________________________________________ DATE: ___________
GOULD CONSTRUCTION
[Your Company Name]
[Your Company Slogan Here]
Phil Vaughn
Project Manager Work Description
Matt Petrak Milling and Full Depth Reconciliation
Description
Removed 8,900 SF of Milling that included South Parking Area 7,100 SF and Parking by pond 1,800 SF.
That was added to Full depth removal, scarify and recompact base and bottom 2" asphalt course along with
entrance to Cemetery Lane as Full depth including items above, additional 3,053 SF.
Work Item Description
P.O. Box 130, Glenwood Springs, CO 81602 970-945-7291 Phone 970-945-8371 Fax
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
Item Quantity Unit Unit Cost Original Bid
Mobilization 1 LS 29,400.00$ 29,400.00$ 1 29,400.00$
2" Asphalt Mill 11686 SF 0.85$ 9,933.10$ 0 -$ 10000 8,500.00$ 21686 18,433.10$
Removal FullSection of Asphalt 10045 SF 1.60$ 16,072.00$ 10045 16,072.00$
Sawcut Existing Material 375 LF 7.00$ 2,625.00$ 375 2,625.00$
10" Colored Concrete Trail 264 SF 45.00$ 11,880.00$ 264 11,880.00$
6" Concrete Pads 58 SF 48.00$ 2,784.00$ 58 2,784.00$
10" Concrete Pads 503 SF 41.00$ 20,623.00$ 503 20,623.00$
Over Excavation for New Asphalt 29 CY 165.00$ 4,785.00$ 29 4,785.00$
Roadbase for New Asphalt 23 CY 149.00$ 3,427.00$ 23 3,427.00$
Scarify & Recompact Basecourse 10045 SF 1.70$ 17,076.50$ 10045 17,076.50$
Bottom 2" HMA Lift 133.48 TON 215.00$ 28,698.20$ 133.48 28,698.20$
Top 2" HMA Lift 279.55 TON 181.00$ 50,598.55$ 0 -$ 116 20,996.00$ 395.55 71,594.55$
Landscape Boulder Wall 1 LS -$ -$ 0 -$
Rip-Rap 50 SF 37.00$ 1,850.00$ 50 1,850.00$
12" Trench Drain 16 LF 620.00$ 9,920.00$ 16 9,920.00$
Clean Existing Drywells 2 EA 4,500.00$ 9,000.00$ 2 9,000.00$
Subtotal 218,672.35$ -$ 29,496.00$ 248,168.35$
10% Contingency 21,867.24$ 24,816.84$
Total 240,539.59$ 272,985.19$
Parks Campus Parking Lot Cost Estimate Deductions Additions FINAL
DocuSign Envelope ID: 00D4F30A-4C1E-4450-ABA0-53296FB67BAC
137
MEMORANDUM
TO:Mayor and City Council
FROM:Justin Forman, Field Operations Manager
THROUGH:Ryan Loebach, Sr. Project Manager
Tyler Christoff, Director of Utilities
MEMO DATE:December 30th, 2021
MEETING DATE:January 11th, 2022
RE:Resolution #007, Series of 2022 – Highlands Water Tank Inspection,
Design, Build, and Maintenance Services (2021-231)
REQUEST OF COUNCIL:Staff requests a contract award to SEH Design|Build Inc. in
the amount of $512,500.00 for inspection, design, build, and maintenance services of the
existing Highlands Water Storage Tank.
PREVIOUS COUNCIL ACTION: Council has reviewed and approved funding for this
five-year project during the October 19th, 2020, and October 19
th, 2021, work session
budget approval process for the utilities department. Formal adoption of the utilities
budget occurred in regular meetings on November 24th, 2020, and November 9th, 2021.
BACKGROUND:The Highlands Water Tank is a 500,000-gallon above-grade steel
storage tank built in the 1980’s. This tank provides water storage to customers located in
and around the Highlands Ski Resort development, Five Trees neighborhood, and
provides a total water system benefit in case of emergency or firefighting need. There
have not been any major repair or restorations required for this tank to date, only minor
miscellaneous repairs. In 2016, City staff performed an exterior coating mil thickness test
to determine coating qualities, at that time, minor repairs were made but the test indicated
major repair would likely be needed in the future. In 2020, City staff had a comprehensive
interior and exterior inspection performed on this tank. The inspection observed and
recommended interior and exterior coating replacement and minor steel repairs that are
required to follow current water standards and maintain tank operation. Without major
maintenance intervention the tank will likely reach the point of deterioration that a failure
occurs, or complete replacement would be required.
DISCUSSION:City staff authored a request for proposal for an inspection, design, build,
and maintenance project to restore the Highlands tank that will significantly extend the
life of the tank. The scope includes an engineering evaluation, exterior structural and
coatings inspection and repair, interior structural and coatings inspection and repair, and
other repairs and recommendations to be performed from the evaluation report. The
138
maintenance project scope shall include an annual inspection and cleaning of exterior
and interior tank and minor repairs to tank structure and coating. The scope of work will
meet all requirements with the Colorado Department of Public Health (CDPHE) and
American Water Works Association (AWWA).
City staff solicited bids from qualified water storage tank rehabilitation firms through the
Bidnet system. The proposals were evaluated by City staff. The proposals were reviewed
utilizing the following criteria that was set forth in the RFP:
Firm Experience – Experience with similar water tank projects outside of
City of Aspen, Experience on other City of Aspen water projects, Experience
of direct team organization, experience of subcontractors
Project Understanding – Understanding of project scope, perception of site
opportunities, schedule/approach, ability to ensure state/federal storage
tank compliance and guidelines, safety plan and procedures
Price
Staff received five bids for this project. Based on qualifications and responsiveness to
these criteria the highest overall scoring consultant was SEH Design|Build Inc.
Additionally SEH will be providing a five-year warranty of their work performed.
FINANCIAL/BUDGET IMPACTS: Staff originally budgeted this project in five equal yearly
payments of $137,500 (Total = $687,500) from years 2021 – 2025. After review of the
pricing provided by SEH, the project can save $42,500 by paying as the project vendor
performs work. City staff requests that project funding be provided through 2021 water
fund operating and capital budget savings. Staff will return to Council in spring of 2022
to formally request $275,000 in supplemental budget authority to fully fund this project in
the 2022 budget year.
Total Project Expenditures
SEH Design|Build Inc. Year 2022 $ 460,200.00
Year 2023 $ 5,800.00
Year 2024 $ 5,800.00
Year 2025 $ 5,800.00
Year 2026 $ 34,900.00
Total $ 512,500.00
Funding Budgeted
Utilities Project 51132 - 2021 and 2022 Approved Funding $ 275,000.00
Spring 2022 Supplemental Includes 7% Contingency $ 275,000.00
Total $ 550,000.00
139
ENVIRONMENTAL IMPACTS:Rehabilitation of aging water infrastructure ensures the
most cost-effective, reliable, safe, and highest quality water is delivered to the
community.
ALTERNATIVES: Staff believe this is a critical project to continue providing safe and
reliable water service to all customers within our service territory. Alternatively, City staff
can perform spot repairs on the existing tank as the coatings fail which will require more
frequent disruption to water service and higher costs in the long-term as more repairs are
required to be performed.Without rehabilitating this tank and only performing spot repairs,
the tank would likely experience failure beyond repair and require a brand-new tank that
would cost more to remove and install.
RECOMMENDED ACTION:Staff request the council approve the contract with SEH
Design|Build Inc. for $512,500.00 for the inspection, design, build and maintenance
services to the Highlands Water Tank.
PROPOSED MOTION:I move to approve Resolution # 007 of 2022.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Contract for Construction Highlands Water Tank
B. Resolution # 007 of 2022
140
RESOLUTION # 007
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SEH DESIGN|BUILD INC. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
water storage tank inspection, design, build, and maintenance services, between
the City of Aspen and SEH Design|Build Inc., a true and accurate copy of which is
attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for purchase of water tank inspection, design, build, and maintenance services
between the City of Aspen and SEH Design|Build Inc., a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager to
execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11
th day of January, 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, January 11
th, 2022.
Nicole Henning, City Clerk
141
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CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on December 14 2021, by and between the CITY
OF ASPEN, Colorado, hereinafter called the “City”, and SEH Design Build, Inc., hereinafter
called the “Contractor”.
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2021-231 Highlands Water Tank
Inspection and Rehabilitation Services, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specifi ed, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore ,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth he rein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed five hundred twelve
thousand and five hundred ($512,500.00) DOLLARS or as shown on the BID proposal.
5. The term “Contract Documents” means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97 -2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
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6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4 -08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/h er absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to co nfer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract for Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract for Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract for
Construction and that he/she has full and complete authority to enter into this Contract
for Construction for the terms and conditions specified herein.
13. Worker Without Authorization – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21 -
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization”
which is defined as an individual who is unable to provide evidence that the individual is
authorized by the federal government to work in the United States. As amended, the current
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law prohibits all state agencies and political subdivisions, including the Owner, from knowingly
hiring a worker without authorization to perform work under a contract, or to knowingly contract
with a Consultant who knowingly hires with a worker without authorization to perform work
under the contract. The law also requires that all contracts for services include certain specific
language as set forth in the statutes. The following terms and conditions ha ve been designed to
comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in
any contract for services entered into with the Owner.
.1 "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security
and the social security Administration, or its successor program.
.2 "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
.3 "Public Contract for Services" means this Agreement.
.4 "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant
not involving the delivery of a specific end p roduct other than reports that are merely incidental
to the required performance.
.5 “Worker without authorization” means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United St ates
14. Contractor shall comply with any reasonable request by the Colorado Department of
Labor and Employment made in the course of an investigation that the Colorado Department of
Labor and Employment undertakes or is under taking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
15. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate th e Public
Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be
liable for actual and consequential damage s to the City of Aspen arising out of Contractor’s
violation of Subsection 8-17.5-102, C.R.S.
16. This Agreement and any amendments hereto may be executed in several counterparts,
each of which shall be deemed an original, and all of which together shall constitute one
agreement binding on the Parties, notwithstanding the possible event that all Parties may not
have signed the same counterpart. Furthermore, each Party consents to the use of electronic
signatures by either Party. The Scope of Work, and any other documents requiring a signature
hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties
agree not to deny the legal effect or enforceability of the Agreement solely because it is in
electronic form or because an electronic record was used in its formation. The Parties agree
not to object to the admissibility of the Agreement in the form of an electronic record, or a paper
copy of an electronic documents, or a paper copy of a document bearing an electronic
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signature, on the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTESTED BY: CITY OF ASPEN, COLORADO
By:
Title:____________________________
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: By:
Title:____________________________
General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website.
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract
shall be signed by a Principal and indicate title.
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Steve Peterson
President
12/16/2021 | 7:10:01 AM MST
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ____________________)
) SS.
COUNTY OF __________________)
On this _______ day of ________________________________, 20____, before me appeared
___________________________________________________, to me personally known, who,
being by me first duly sworn, did say that s/he is ___________________________________ of
_______________________________________________________ and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of s aid corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
______________________________________
Notary Public
______________________________________
Address
My commission expires: _______________________
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Page 1 of 2
MEMORANDUM
TO:Mayor and City Council
FROM:Pete Strecker, Finance Director
THRU:Sara Ott, City Manager
MEETING DATE:January 11, 2022
RE:Resolution #008–Development Fees -Rate Study
REQUEST OF COUNCIL:Staff is requesting approval for contracting with MGT Consulting to
provide technical consulting services to assess the City’s development review fees associated with
services provided by the Community Development, Engineering, Utilities and Parks departments.
BACKGROUND:The City of Aspen last reviewed its development fees in 2007, following the
dissolution of a joint department that served both City of Aspen and Pitkin County governments.
At that time, a recalibration of fees was performed due to the change in economies of scale as they
related to overhead and the like. After a failed RFP, the City performed an inhouse assessment
of rates and rate structure in 2011.
Since then, the building community and the Community Development and City leadership have
expressed a desire to revisit the effectiveness/accuracy of the fees being charged for services
rendered, as well as an underlying motivation to streamline or simplify the fee structures wherever
possible. With the organization finalizing implementation of a new software for tracking and
collecting development review fees, this is the next logical step in improving the departments’
operations for employees and customers alike.
DISCUSSION:Staff recently performed a request for proposal process to solicit bids for this
work. The scope of work includes to an assessment of the City’s current development fees, a
rebasing of the unit price of each development review related fee to obtain the appropriate cost
recovery; where possible, improve the fee structure for simplification and accuracy; compare
current fee structure to other organizations’ (locally and perhaps to other similar type
municipalities); and to create and deliver tools for the City to assess and modify unit rates to
reflect the impacts around cost of service over time.
This project is slated to kick off as early as possible in the new year -this timing is important to
allow for outreach to the building community, engagement with staff, checkin opportunities
with Council and ultimately, a final recommendation that can be incorporated into an updated fee
ordinance for calendar year 2023.
FINANCIAL/BUDGET IMPACTS:The total contract terms reflect a fixed price of $62,120.
Total available budget authority adopted in the 2022 Budget (via supplemental) was $110,000 –
incorporated into the various departments that will benefit from this work and is sufficient for this
effort.
RECOMMENDED ACTION:Staff recommends approval of Resolution #008 and the contract
with MGT Consulting for services associated with the development review fee rate study.
147
Page 2 of 2
CITY MANAGER COMMENTS:
ATTACHMENTS:
1)Professional Services Agreement
2)Exhibits A, B and C to reflect scope of work, payment terms and current fee structure
148
RESOLUTION # 008
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MGT CONSULTING, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS there has been submitted to the City Council a contract for
consulting services, between the City of Aspen and MGT Consulting, a true and
accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that
professional services contract for consulting services, between the City of Aspen
and MGT Consulting, a copy of which is annexed hereto and incorporated herein
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11th day of January 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, January 11, 2022.
Nicole Henning, City Clerk
149
Exhibit C
1
Contents
Sec. 2.12.051. Engineering Department fees................................................................................................ 2
Sec. 2.12.080. Parks Department fees .......................................................................................................... 2
Sec. 2.12.100. Building and Planning ............................................................................................................ 3
Sec. 26.104.070. Land Use Application Fees ............................................................................................... 12
Sec. 26.104.072. Zoning Review fees .......................................................................................................... 17
Sec. 25.12.025. Utility development review fee. ........................................................................................ 22
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Exhibit C
2
Sec. 2.12.051. Engineering Department fees
Permit and Application Fees
Encroachment License and Application $401.70
Encroachment Fees (Minor Encroachment < 3 hrs) $100.00
Vacation Application ($325 / hr for estimated 18 hours) $5,850.00
Right-of-way Permit (waived for sidewalk replacement work;
additional hourly review rate of $325/hr will be applied to projects
requiring more than 4 hours of review time) $401.70
Encroachment Fees
Permanent Encroachment Fee (per permit) $1,000.00
Permanent Encroachment for Earth Retention (per cu ft/mo) $1.40
Temporary Occupation of Right-of-Way Under Encroachments
By commercial operations not associated with construction,
including contractors and vendors (per sq ft/mo) $2.50
Base cost within the core by commercial operations associated with
construction, including contractors and vendors (per sq ft/mo). Fees
increase by 20% for first exception granted, 30% increase for second
exception granted, 40% increase for every exception granted
thereafter. $9.00
Outside of the core by commercial operations associated with
construction including contractors and vendors (per sq ft/mo) $7.00
Landscape and Grading Permit
Engineering Development Review Fee See fee schedule
Construction Mitigation Review Fee (as applicable) See fee schedule
Utilities Development Review Fee (as applicable) See fee schedule
Parks Development Review Fee (as applicable) See fee schedule
Zoning Hourly Review Fee (as applicable) $325.00/hr.
Sec. 2.12.080. Parks Department fees
Development Fees
Encroachments - Minor Review $75.00
Encroachments - Major Review $150.00
Right of Ways - Minor Review $75.00
Right of Ways - Major Review $150.00
Landscaping and Grading Permit $74.00
Landscape/Resource Review (per sqft) $0.06
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Exhibit C
3
Sec. 2.12.100. Building and Planning
BUILDING PERMIT FEES
Total Valuation: $1.00 to $5,000.00 $25.00
Total Valuation: $5,001.00 to $50,000.00 50% of sum of $25 + 5.0% of permit
valuation over $5,000
Total Valuation: $50,001.00 to $100,000.00 75% of sum of $2,275 + 3.5% of
permit valuation over $50,000
Total Valuation: $100,001.00 to $250,000.00 $4,025 + 2.5% of permit valuation
over $100,000
Total Valuation: $250,001.00 to $500,000.00 $7,775 + 2.0% of permit valuation
over $250,000
Total Valuation: $500,001.00 to $1,000,000.00 $12,775 + 1.75% of permit valuation
over $500,000
Total Valuation: $1,000,001.00 to $2,500,000.00 $21,525 + 1.5% of permit valuation
over $1,000,000
Total Valuation: $2,500,001.00 to $5,000,000.00 $44,025 + 1.25% of permit valuation
over $2,500,000
Total Valuation: Above $5,000,000
$75,275 + 0.75% of permit valuation
over $5,000,000 plus 0.5% of permit
valuation over $10,000,000
Building Permit Review Fee (per hour) $325.00
Fees Due Upon Permit Submittal
Plan Check Fees
(as percent of total building permit outlined above) 65%
Energy Code Fee
(as percent of total building permit outlined above) 15%
Fees Due Upon Permit Issuance
Building Permit Fee
(as percent of total building permit outlined above) 100%
GIS Fee (applicable only if changing building
footprint) $500.00
Renewable Energy Mitigation Payment (see details below)
Use Tax Deposit – City of Aspen 2.1% of value of materials for
projects over $100,000
Use Tax Deposit – Pitkin County 0.1% of value of materials
CHANGE ORDER FEES
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Exhibit C
4
Applications for change orders shall cause a revision to the overall project valuation. Fees for
the previously submitted permit application shall not be refunded or credited toward change
order fees. Not all change orders will require additional fees in each fee category. A change
order fee applies each time a change order is submitted. A change order may propose multiple
changes, and applicants are encouraged to "bundle" their change order requests to minimize
fees.
Fees Due Upon Change Order Issuance
Change Order Plan Check Fee for All Review Agencies $325.00/hr.
Change Order Energy Code Review Fee – if applicable $325.00/hr.
Change Order Building Permit Fee
(as a percentage of revised permit fee) 5.0%
PHASED PERMITTING FEES
Applications for Building Permits may be issued in "phases" prior to the entire permit being
ready for issuance. For a permit to be issued in phases, all elements of that phase must be
reviewed and approved by the Building Department and applicable referral agencies. A Phased
Building Permit still requires complete submission of all required documents and information
for all phases at initial permit application submission. Issuance of a permit in phases is at the
discretion of the Chief Building Official. Fees for phased permit issuance are in addition to fees
due for issuance of a complete building permit.
Fees Due at Issuance of Phase 1 Permit:
Building Permit Review Phasing Fee
Zoning Review Phasing Fee
Construction Mitigation Phasing Fee
Engineering Development Review Phasing Fee
Parks Phasing Fee
35% of Building Permit Fee
10% of Zoning Review Fee
50% of Construction Mitigation Fee
10% of Engineering Fee
10% of Parks Review Fee
Utilities Development Review Phasing Fee 10% of Utilities Review Fee
SPECIAL SERVICES FEES
Inspection Fee Outside of Normal Business Hrs.
(per hour, min. 2 hrs.) $325.00
Re-inspection Fee (per inspection) $325.00
Special Inspections Fee for Unspecified Inspection
Type (per hour, min. 1 hr) $325.00
Building Permit Extension Fee – per Occurrence 7.5% of Building Fee Permit
($5,000 maximum per extension)
REPAIR FEES
Permit Fee $25.00
Plan Review Fee $325.00/hr.
Zoning Review Fee $325.00/hr.
Construction Mitigation Review Fee 10% of CMP Review Fee
Engineering Review 10% of Engineering Review Fee
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Exhibit C
5
Parks Review Fee $325.00/hr.
RE-ROOFING AND ROOFING FEE
Permit Fee: $25.00
Plan Review Fee: $25.00/100 sqft of roofing
Zoning Review Fee: $325.00/hr.
Construction Mitigation Review Fee: 10% of CMP fee
Parks Review $325.00/hr.
INTERIOR FINISH & FIXTURE REMOVAL FEE
Permit Fee: $25.00 (minimum)
$325.00/hr. (1 hr. minimum) Plan Review Fee:
Construction Mitigation Fee: 10% of CMP Review Fee
TEMPORARY STRUCTURE
Permit Fee: $25.00
Plan Review Fee: $325.00/hr. (1 hr. minimum)
Parks Review Fee: $325.00/hr. (1 hr. minimum)
Fire Department Review Fee: $100.00
CERTIFICATE OF OCCUPANCY
Permanent Certificate Included in Building Permit Fee
Temporary Certificate per Occurrence (max $5,000 ea.) 7.5% of Building Permit Fee
ENFORCEMENT FEES AND PENALTIES
Projects that had a Land Use review cannot submit for a building permit until all invoices
related to the Land Use review have been paid in full. Additional penalties, pursuant to
Municipal Code Section 26.104.070, Land Use Application Fees, also may be applicable.
For violations of the adopted building codes other than a stop work order or correction notice,
the Chief Building Official may issue a Municipal Court citation. Fees, fines, and penalties by
citation for violations of the Building Code shall be established by the Municipal Court Judge
according to the scope and duration of the offense. Penalties may include: revocation of
Contractor License(s); prohibition of any work on the property for a period of time; recovery of
costs to the public for any required remediation of the site; additional Building Permit Review
Fees; fees to recover administrative costs required by City staff to address the violation; and,
other fees, fines, and penalties or assessments as assigned by the Municipal Court Judge.
No Certificate of Occupancy shall be issued until all fees have been paid in full. Violations of
this policy are subject to fines.
Stop Work Order or Correction Notice – 1st Infraction 2 Times Permit Valuation Fee
Stop Work Order or Correction Notice – 2nd Infraction 4 Times Permit Valuation Fee
Stop Work Order or Correction Notice – 3rd Infraction
(license subject to suspension or revocation) 8 Times Permit Valuation Fee
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Exhibit C
6
COMMUNITY PURPOSE DISCOUNT PROGRAMS
The Chief Building Official may from time to time implement lower fees to encourage certain
types of building improvements as directed by the City Council or City Manager. Example
programs may include energy efficiency improvements, accessibility improvements and the like.
Special fees shall not exceed those otherwise required.
Notwithstanding the building permit fee schedule, City Council may authorize a reduction or
waiver of building permit fees, engineering review fees, or construction mitigation fees as
deemed appropriate. The Community Development Director shall waive building permit fees for
General Fund Departments of the City of Aspen consistent with City policy.
The Community Development Director may reduce building permit review fees by no more than
50% for projects with a fee significantly disproportionate to the service requirements. The City
may not waive or reduce fees collected on behalf of a separate government agency. The City
may not reduce or waive a tax.
FEE WAIVERS FOR NON-PROFIT ORGANIZATIONS
Applications submitted for Building Permits by nonprofit organizations (as determined by their
501(c)3 status and those organizations that do not have a tax base) are eligible to have
planning/building permit fees waived based on the following schedule:
Building Plan Check, Energy Code, Permit Fees, Engineering, Parks and Utilities Review Fees:
Project Valuation < = $5,000 100% Fee Waiver
Project Valuation > $5,000 50% Fee Waiver of Fees for Project
Valuations between $5,000 and $250,000
Fee waivers shall not exceed a combined value of $15,000 for a single project per twelve
consecutive month period. All other applicable utilities fees are not subject to this waiver,
including but not limited to: investment charge, connection permit, tap fees, hook-up charges,
service fees, and electric extension costs.
FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS
Applications submitted for new projects that are 100 percent affordable housing are eligible for
a 100 percent fee waiver for Building, Engineering, Parks, Zoning, and Utility Plan Review fees;
Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and
GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver
shall be limited to new projects, and does not apply to existing individual affordable housing
units that may be seeking a remodel, expansion, etc.
SMALL LODGE PROGRAM
Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015, are eligible
for reduced building permit review fees based on the following schedule. To be eligible for the discount,
all lodges must enter into an agreement with the City stating that the property will remain a lodge for a
minimum number of years, and that if the use changes during that time period, the property shall owe the
City 100% of the building permit fees. The reductions shall apply to Plan Check, Energy Code, Zoning
Review, Engineering Review, CMP, and Building Permit fees.
Category of Work % of Building
Permit Fee Charged
Length of City
Agreement
Minor interior upgrade
(e.g., paint, carpet, light fixtures) 25% 5 years
Minor exterior upgrade
(e.g., new windows, new paint/exterior materials) 25% 5 years
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Exhibit C
7
Major interior upgrade A
(e.g., remodel units, including bathrooms) 50% 10 years
Major interior upgrade B
(e.g., remodel common areas and any kitchen/food
service facilities)
50% 10 years
Redevelopment or Major Expansion 75% 20 years
EXPIRED or CANCELLED PERMITS and REFUNDS
Plan Check fees are not refundable for expired or cancelled permits. Impact mitigation fees for un -
built projects (construction not started) shall be refunded 100%. Building permit and impact fees
for partially constructed projects are not refundable. Expired or cancelled permits are not
renewable. Projects with expired or cancelled permits must reapply for building permits and pay all
applicable fees. Projects with expired or cancelled permits that have previously paid impact fees
need only pay (or be refunded) the difference in impact fees when applying for a new permit.
Engineering Development Fees
200 – 500 Square Feet $567.74
501 – 1000 Square Feet $1,703.21
1,001 – 15,000 Square Feet $1,703.21 + $2.14 per sq. ft. over
1,000
Above 15,000 Square Feet $1,703.21 + $2.14 per sq. ft. over
1,000 + $0.103 over 15,000
Additional Planning Review Fee (per hr, min. ½ hr) $325.00/hr.
Construction Mitigation Fees
400 – 15,000 Square Feet $1.07 per sq. ft.
Above 15,000 Square Feet $1.07 per sq. ft. to 15,000 + $0.05
per sq. ft. over 15,000
Fifty percent of the construction mitigation fee will be collected at permit submission; the
remaining fifty percent upon permit issuance. Fees are not triggered unless a Construction
Mitigation Review is performed. Triggers for the Construction Mitigation Review are located in
the Construction Mitigation Plan requirements.
Additional Review Fee
Hourly fee to review changes, additions, or revisions to
plans or land use review cases $325.00/hr.
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Exhibit C
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RESIDENTIAL ELECTRICAL FEES
Fee is based on the enclosed living area only, includes construction of, or remodeling or
addition to a single-family home, duplex, condominium, or townhouse. If not wiring any
portion of the above listed structures, and are only changing or providing a service, see
“Other Electrical Installation Fees” below.
Living area not more than 1,000 square feet $155.00
Living area 1,001 to 1,500 square feet $233.00
Living area 1,501 to 2,000 square feet $310.00
Living area over 2,000 square feet $310.00 + $16.00 per
100 sqft over 2,000
Other Electrical Installation Fees
Including some residential installations that are not based on square footage (not in a living
area, i.e., garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the
total cost to customer, including electrical materials, items and labor - whether provided by
the contractor or the property owner. Use this chart for a service connection, a temporary
meter, and all commercial installations.
Installation Permit on Projects Valuing Less than $2,000 $155.00
Installation Permit on Projects Valuing $2,000 or More
$155.00 + $16.00 per
thousand dollars
(rounded up)
Re-Inspections $77.50
Extra Inspections $77.50
Photovoltaic Generation System
(Valuation based on cost to customer of labor, materials, & items)
Residential: Valuation not more than $2,000 $115.00
Residential: Valuation $2,001 and above
$115.00 plus $11.50
per thousand or fraction
thereof (max $500)
Commercial: Valuation not more than $2,000
$115.00
Commercial: Valuation $2,001 and above
$115.00 plus $11.50
per thousand or fraction
thereof (max $1,000)
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Exhibit C
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This Section of the Code sets forth mechanical permit fees for the City Community Development
Department, and shall be applied to applications submitted on or after January 1, 2020:
MECHANICAL PERMIT FEES
Mechanical Permit (per unit) $66.31
Supplemental Permit for which the original has not expired, been
canceled or finalized (per unit) $26.53
UNIT FEE SCHEDULE
Furnaces (installation or relocation)
Forced-air or gravity-type furnace or burner, including attached
ducts and vents; floor furnace, including vent; suspended heater;
recessed wall heater or floor-mounted unit heater (per unit)
$66.31
Appliance Vents (installation, relocation or replacement)
Each appliance vent installed and not included in an appliance
permit $33.16
Cooling Systems
Each refrigeration unit, cooling unit, absorption unit or each
heating, cooling, absorption or evaporative cooling system,
including installation of controls regulated by the Mechanical
Code
$33.16
Boilers, Compressors and Absorption Systems (installation or relocation)
Each boiler or compressor to and including 3 horsepower (10.6
kW) or each absorption system to and including 100,000 Btu/h
(29.3 kW)
$66.31
Each boiler or compressor over 3 horsepower (10.6 kW) to and
including 15 horsepower (52.7 kW) or each absorption system
over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h
(293.1 kW)
$132.63
Each boiler or compressor over 15 horsepower (52.7 kW) to and
including 30 horsepower (105.5 kW) or each absorption system
over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h
(293.1 kW)
$176.83
Each boiler or compressor over 30 horsepower (105.5 kW) to and
including 50 horsepower (176 kW) or each absorption system
over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000
Btu/h (512.9 kW)
$265.25
Each boiler or compressor over 50 horsepower (176 kW) or each
absorption system over 1,750,000 Btu/h (512.9 kW) $331.56
Air Handlers
Fee does not apply to units included with a factory-assembled appliance, cooling unit, evaporative
cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code.
Each air-handling unit to and including 10,000 cubic feet per
minute (cfm) (4,719 L/s), including ducts attached thereto $33.16
Each air-handling unit over 10,000 cfm (4,719 L/s) $66.31
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Exhibit C
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Evaporative Coolers
Each evaporative cooler other than portable type $33.16
Ventilation and Exhaust
Each ventilation fan connected to a single duct $26.53
Each ventilation system which is not a portion of any heating or
air-conditioning system authorized by a permit $33.16
Each hood which is served by the mechanical exhaust, including
the ducts for such hood $33.16
Miscellaneous
Each appliance or piece of equipment regulated by the
Mechanical Code but not classed in other appliance categories or
for which no other fee is listed in the table
$33.16
Other Mechanical Inspections Fees
Hourly inspection fee outside of normal business hrs
(min. 2 hrs) $325.00
Re-inspection fees assessed under Section 305.8
(per inspection) $325.00
Hourly inspections fee for unspecified inspection type
(min. 1 hr) $325.00
Hourly fee for additional plan review required by changes,
additions or revisions to plans or plans for which an initial review
has been completed
$325.00
This Section of the Code sets forth plumbing permit fees for the City Community Development
Department, and shall be applied to applications submitted on or after January 1, 2020:
PLUMBING PERMIT FEES
Plumbing Permit (per issuance) $66.31
Each supplemental permit for which the original has not expired,
been canceled or finalized $26.53
UNIT FEE SCHEDULE
Fixtures and Vents
Each plumbing fixture or trap or set of fixtures on one trap
(including water, drainage piping and backflow protection) $26.53
For repair or alteration of drainage or vent piping, each fixture $13.26
Sewers, Disposal Systems and Interceptors
Each building sewer and each trailer park sewer $265.25
Each industrial waste pretreatment interceptor, including its trap
and vent, excepting kitchen-type grease interceptors functioning
as traps
$66.31
Rainwater systems, per drain (inside buildings) $33.16
Water Piping and Water Heaters
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Exhibit C
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For installation, alteration or repair of water piping or water-
treating equipment or both, each $26.53
For each water heater, including vent $33.16
Gas Piping Systems
Each gas piping system of one to five outlets $13.26
Each additional outlet over five, each $6.63
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
Each lawn sprinkler system on any one meter, including backflow
protection devices thereof $26.53
For atmospheric-type vacuum breakers or backflow protection
devices not included in Fixtures and Vents:
1 to 5 devices $26.53
Over 5 devices, each $6.63
Each backflow-protection device other than atmospheric-type
vacuum breakers:
2 inches (50.88 mm) and smaller $33.16
Over 2 inches (50.8 mm) $53.05
Swimming Pools
Each public pool $1,591.50
Each public spa $795.75
Each private pool $530.50
Each private spa $265.25
Miscellaneous
Each appliance or piece of equipment regulated by the Plumbing
Code but not classed in other appliance categories or for which no
other fee is listed in this code
$33.16
Other Plumbing Inspection Fees
Hourly inspection fee outside of normal business hrs. (min. 2 hrs) $325.00
Re-inspection fees – inspections required after a failed inspection
(per inspection) $325.00
Hourly inspections fee for unspecified inspection type (min. 1 hr) $325.00
Hourly fee for additional plan review required by changes,
additions or revisions to plans or plans for which an initial review
has been completed
$325.00
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Exhibit C
12
Sec. 26.104.070. Land Use Application Fees
This Section of the code sets forth certain fees related to planning and historic preservation as
follows, applicable to applications submitted on or after January 1, 2020:
Planning Review: Deposit and Billing Administration
The Community Development Department staff shall keep an accurate record of the actual
time required for the processing of each land use application and additional billings shall be
made commensurate with the additional costs incurred by the City when the processing of an
application by the Community Development Department takes more time than is covered by
the deposit. In the event the processing of an application by the Community Development
Department takes less time than provided for by the deposit, the Department shall refund the
unused portion of the deposited fee.
The Community Development Director shall establish appropriate guidelines for the regular
issuance of invoices and collection of amounts due.
The Community Development Director shall establish appropriate guidelines for the collection
of past due invoices, as required, which may include any of the following: 1) assessment of
additional late fees for accounts at least 90 days past due in an amount not to exceed 1.75%
per month, 2) stopping application processing, 3) reviewing past-due accounts with City
Council, 4) withholding the issuance of a Development Order, 5) withholding the recordation
of development documents, 6) prohibiting the acceptance of building permits for the subject
property, 7) ceasing building permit processing, 8) revoking an issued building permit, 9)
implementing other penalties, assessments, fines, or actions as may be assigned by the
Municipal Court Judge.
Flat fees for the processing of applications shall be cumulative. Applications for more than
one land use review requiring an hourly deposit on planning time shall require submission of
the larger deposit amount.
The Community Development Director shall bill applicants for any incidental costs of
reviewing an application at direct costs, with no administrative or processing charge.
Land use review fee deposits may be reduced if, in the opinion of the Community Development
Director, the project is expected to take significantly less time to process than the deposit
indicates. A determination shall be made during the pre-application conference by the case
planner. Hourly billing shall still apply.
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Exhibit C
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Review fees for projects requiring conceptual or project review, final or detail review, and
recordation of approval documents. Unless otherwise combined by the Director for simplicity
of billing, all applications for conceptual/project, final/detail, and recordation of approval
documents shall be handled as individual cases for the purposes of billing. Upon
conceptual/project approval all billing shall be reconciled, and all past due invoices shall be
paid prior to the Director accepting an application for final/detail review. Final/detail review
shall require a new deposit at the rate in effect at the time of final application submission.
Upon final/detail approval, all billing shall again be reconciled prior to the Director accepting
an application for review of recordation documents.
Notwithstanding the planning review fee schedule, the Community Development Director shall
waive planning review fees for General Fund Departments of the City of Aspen consistent with
City policy.
Notwithstanding the planning review fee schedule, City Council may authorize a reduction or
waiver of planning review fees as deemed appropriate.
Fee Waivers for Non-Profit Organizations
Applications submitted for Land Use/Historic Preservation reviews by nonprofit organizations,
(as determined by their 501(c)3 status and those organizations that do not have a tax base) are
eligible to have planning review fees waived based on the following schedule:
Total Fees < $2,500 100% Waiver
Total Fees $2,500 - $10,000 50% Waiver
Fee waivers shall not exceed a combined value of $6,250 for a single project per organization
over a twelve consecutive month period. Notwithstanding the planning review fee schedule,
City Council may authorize a reduction or waiver of planning review fees as deemed
appropriate.
Fee Waivers for Affordable Housing Projects
Applications submitted for new projects that are 100 percent affordable housing are eligible
for a 100 percent fee waiver of Planning Review fees.
Free Services
Pre-Application / Pre-Permit Meetings Free
Call-in / Walk-in Development Questions Free
GMQS – SF or Dx on Historic Landmark Free
Historic Designation Free
Historic Preservation – Exempt Development Free
Historic Preservation – Minor Amendment, HPO Review Free
Historic Preservation – Minor Amendment, Monitor Review Free
Development Order Publication Fee Free
First Residential Design Compliance Review Free
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Exhibit C
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Applicant meetings with a Planner to discuss prospective planning applications or prospective
building permit applications are a free service and staff time is not charged to the applicant.
However, this service is limited to the time reasonably necessary for understanding a project's
requirements, review procedures, City regulations, etc. An applicant shall be billed for any
pre-application or pre-permit staff time significantly in excess of that which is reasonably
necessary. Billing will be at the Planning hourly billing rate. The applicant will be notified
prior to any billing for pre-application or pre-permit service.
Planning Review – Administrative, Flat Fees
GMQS – Temporary Food Vending $81.00
Code Interpretation – Formal Issuance $81.00
Historic Preservation – Certification of No Negative Effect $81.00
Temporary Use – Admin. $163.00
GMQS – SF or Dx Replacement, Cash-in-Lieu $325.00
GMQS – SF or Dx Replacement, Admin. $325.00
GMQS – Change-in-Use for Historic Landmark $325.00
GMQS – Minor Enlargement for Historic Landmark $325.00
GMQS – Alley Store $325.00
GMQS – Exemption from MF Housing Replacement $325.00
Residential Design Compliance Review (after 1st free review) $163.00
Residential Design Variance, Admin. $325.00
GMQS – Minor Enlargement, Non-Historic $650.00
Planning Review – Administrative, Hourly Fees
If review process takes less time than the number of hours listed below, refunds will be made to
applicants for unused hours purchased within initial deposits.
Review of Administrative Subdivisions, Condominium Plats, or
Amendments (Includes City Attorney and other referral
departments’ time at same hourly rate; City Engineer review time
billed at rate specified below)
$650.00
(2-hour deposit)
Recordation Documents Review - Subdivision plats,
Subdivision exemption plats (except condominiums), PD plans,
development agreements, subdivision agreements, PD
agreements, or amendments to recorded documents
(Includes City Attorney and other referral departments’ time at
same hourly rate; City Engineer review time billed at rate
specified below)
$975.00
(3-hour deposit)
Administrative wireless telecommunication review $975.00
(3-hour deposit)
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Exhibit C
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Admin. Condominium or Special Review
Admin. ESA or ESA Exemption
Admin. Subdivision – Lot Line Adjustment
Admin. PD Amendments
Admin. Commercial Design Review Amendment
$1,300.00
(4-hour deposit)
Additional Hours – If necessary (per hour) $325.00
Referral Agency Fees: Administrative, If Applicable
Hourly Engineering Review Fee (billed with Planning Case) $325.00
Hourly Aspen / Pitkin County Housing Authority (billed with
Planning Case) $325.00
City Parks Department, Flat Fee $650.00
City Environmental Health Department, Flat Fee $650.00
Planning Review: One-Step Hourly Fee
Historic Preservation – Minor Development
Historic Preservation – Major Development up to 1,000 sq. ft.
Temporary Use, City Council Vested Rights Extension, City
Council Appeals of Administrative or Board Decisions
$1,300.00
(4-hour deposit)
Historic Preservation – Major Development over 1,000 sq. ft.
Historic Preservation – Demolitions and Off-Site Relocations
Historic Preservation – Substantial Amendment
Board of Adjustment Variance
Timeshare – P&Z Review
$1,950.00
(6-hour deposit)
Growth Management (includes AH certification), Conditional
Use Special Review (includes ADU @ P&Z), Environmentally
Sensitive Area Review, Residential Design Variance – P&Z
Minor Subdivision – Lot Split, Historical Lot Split
$3,250.00
(10-hour deposit)
PD Amendment – P&Z Only SPA Amendment, P&Z Only
Commercial Design Review, Conceptual or Final Growth
Management, Major P&Z or City Council Subdivision “Other”
Review – City Council Only
$4,690.00
Additional Hours – If necessary (per hour) $325.00
Referral Agency Fees: One-Step Review, If Applicable
Hourly Engineering Review Fee (billed with Planning Case) $325.00
Hourly Aspen / Pitkin County Housing Authority (billed with
Planning Case) $325.00
City Parks Department, Flat Fee $975.00
City Environmental Health Department, Flat Fee $975.00
Planning Review: Two-Step Hourly Fee
Major Subdivision Review
Land Use Code Amendment
Rezoning or Initial Zoning (Annexations)
$7,800.00
(24-hour deposit)
Additional Hours – If necessary (per hour) $325.00
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Exhibit C
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Referral Agency Fees: Two-Step Review, If Applicable
Hourly Engineering Review Fee $325.00
Hourly Aspen / Pitkin County Housing Authority (billed with
Planning Case) $325.00
City Parks Department, Flat Fee $1,300.00
City Environmental Health Department, Flat Fee $1,300.00
Planning Review: PD Hourly Fee
Planned Development or PD Substantial Amendment $10,400.00
(32-hour deposit)
Additional Hours – If necessary (per hour) $325.00
Referral Agency Fees: PD Reviews, If Applicable
Hourly Engineering Review Fee (billed with Planning Case) $325.00
Hourly Aspen / Pitkin County Housing Authority (billed with
Planning Case) $325.00
City Parks Department, Flat Fee $1,625.00
City Environmental Health Department, Flat Fee $1,625.00
Planning Review: Public Project Review or Joint Applicant
Applications for the City's Public Project process shall be assessed land use review fees and/or a
portion of joint planning costs as determined appropriate by City Council. If no such determination is
made, the application shall be billed as a PD.
Planning Review: Other
Hourly fee for any additional plan review for which no other
specific fee has been established $325.00
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Exhibit C
17
Sec. 26.104.072. Zoning Review fees
Zoning review fees shall apply to all development requiring a building permit and all
development not requiring a building permit, but which requires review by the Community
Development Department. The fee covers the Zoning Officer's review of a permit, including
any correspondence with the case planner, Historic Preservation Officer, the Department’s
Deputy Director or Director, or other City staff.
A permit or a change order to a permit that requires a floor area, height, net leasable, or net
livable measurement by the Zoning Officer shall be considered a Major permit. Official
confirmation of existing conditions of a property that requires measurement of floor area,
height, net leasable area, or net livable area of a structure, prior to demolition or for other
purposes also shall be considered a Major permit. All other permits are considered minor
permits.
For the purposes of zoning fees, the square footage used to calculate the fee shall be the
greater of the gross square footage affected by the permit or the gross square footage that
must be measured to review the permit. All change orders to a permit require additional fees.
For projects with multiple uses, the zoning review fee for each individual use shall be
calculated based on the gross square footage of the use and added to determine the total
project fee.
Zoning review fees for major permits for properties within a Planned Development shall be
125% of the fee schedule.
Zoning referral fees - for official zoning comments on a planning application - shall be
according to the fees policy for planning review.
Notwithstanding the zoning review fee schedule, the Community Development Director shall
waive zoning review fees for General Fund Departments of the City of Aspen consistent with
City policy.
Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or
waiver of zoning review fees as deemed appropriate.
Fees Due at Permit Submittal
Zoning Permit Fee of $500 or More 50% of Zoning Permit Fee
Special Services – Zoning Review
Hourly Zoning Review Fee $325.00
Expedited Zoning Review Fee – services subject to
authorization by Community Development Director and subject
to department workload, staffing and effects on other projects
Double applicable
zoning review fee
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Exhibit C
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Change Order Fees:
For changes not requiring a new measurement of floor area,
height, net leasable, or net livable space
Minor Zoning Fee
Change Order Fees:
For changes requiring a new measurement of floor area, height,
net leasable, or net livable space
Major Zoning Fee
Change orders for projects within a PD shall be assessed 125% of the fee schedule.
Applicant meetings with the Zoning Officer to discuss prospective planning applications or prospective
building permit applications are a free service and staff time is not charged to the applicant. However,
this service is limited to the time reasonably necessary for understanding a project's requirements,
review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-
permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the
Zoning hourly billing rate. The applicant will be notified prior to any billing for pre-application or
pre-permit service.
Business License Approval – Zoning
(other fees may be required by City Finance) Free
Vacation Rental Permit – Zoning
(other fees may be required by City Finance) Free
Special Review or Inspection Hourly Fee – Zoning
(when no fee is otherwise established, 1 hour minimum) $325.00
Certificate of Occupancy or Final Inspection Fee – Zoning Included in Zoning
Review Fee
Demolition Zoning Review Fees
Minor Zoning Fee – does not require measurement or
confirmation of existing conditions
Up to 500 square feet $65.00
501 to 2,500 square feet $163.00
2,501 to 5,000 square feet $244.00
Over 5,000 square feet $325.00
Major Zoning Fee – requires measurement or confirmation of
existing conditions
Major fee according to
specified land use
Exterior Repair Zoning Review Fees
Applies to residential, commercial, lodging, arts/cultural/civic,
or institutional exterior repair work requiring a building permit
or review by the Historic Preservation Officer. Based on wall
area or roof area being repaired. (Excludes signs and awnings.)
Up to 500 square feet $33.00
501 to 2,500 square feet $65.00
2,501 to 5,000 square feet $163.00
Over 5,000 square feet $325.00
Residential Zoning Review Fees
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Exhibit C
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Applies to single-family, duplex, accessory dwelling units, carriage houses, multi-family, and
residential units in a mixed-use building.
Minor Zoning Fee - Existing Development, Minor Remodel, or
Minor Change Order
- Projects up to $5,000 in total valuation $33.00
- Projects Over $5,000 in total valuation:
Up to 500 square feet $325.00
501 to 2,500 square feet $650.00
2,501 to 5,000 square feet $975.00
Over 5,000 square feet $1,300.00
Major Zoning Fee – New Development, Major Remodel,
Demolition with Confirmation, Major Change Order
Up to 500 square feet (minimum $325.00) $1.30 / sq. ft.
501 to 2,500 square feet $1.40 / sq. ft.
2,501 to 5,000 square feet $1.55 / sq. ft.
Over 5,000 square feet $1.70 / sq. ft.
Major residential permits within a PD shall be 125% of the above fee schedule.
Commercial Zoning Review Fees
Applies to commercial projects and commercial portions of a mixed-use project
Minor Zoning Fee - Existing Development, Minor Remodel, or
Minor Change Order
- Projects up to $5,000 in total valuation $33.00
- Projects Over $5,000 in total valuation:
Up to 500 square feet $325.00
501 to 2,500 square feet $650.00
2,501 to 5,000 square feet $975.00
Over 5,000 square feet $1,300.00
Major Zoning Fee – New Development, Major Remodel,
Demolition with Confirmation, Major Change Order
Up to 500 square feet (minimum $325.00) $1.30 / sq. ft.
501 to 2,500 square feet $1.40 / sq. ft.
2,501 to 5,000 square feet $1.55 / sq. ft.
Over 5,000 square feet $1.70 / sq. ft.
Major commercial permits within a PD shall be 125% of the above fee schedule.
Lodging Zoning Review Fees
Minor Zoning Fee - Existing Development, Minor Remodel, or
Minor Change Order
- Projects up to $5,000 in total valuation $33.00
- Projects Over $5,000 in total valuation:
Up to 500 square feet $325.00
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Exhibit C
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501 to 2,500 square feet $650.00
2,501 to 5,000 square feet $975.00
Over 5,000 square feet $1,300.00
Major Zoning Fee – New Development, Major Remodel,
Demolition with Confirmation, Major Change Order
Up to 5,000 square feet (minimum $325.00) $0.51 / sq. ft.
Over 5,000 square feet $0.62 / sq. ft.
Major lodging permits within a PD shall be 125% of the above fee schedule.
Arts/Cultural/Civic/Institutional Zoning Review Fees
Minor Zoning Fee - Existing Development, Minor Remodel, or
Minor Change Order
- Projects up to $5,000 in total valuation $33.00
- Projects Over $5,000 in total valuation:
Up to 1,000 square feet $325.00
1,001 to 5,000 square feet $650.00
5,001 to 10,000 square feet $975.00
Over 10,000 square feet $1,300.00
Major Zoning Fee – New Development, Major Remodel,
Demolition with Confirmation, Major Change Order
Up to 5,000 square feet (minimum $325.00) $0.51 / sq. ft.
Over 5,000 square feet $0.62 / sq. ft.
Major Arts/Cultural/Civic/Institutional permits within a PD shall be 125% of the above fee
schedule.
Signs/Awnings/Outdoor Merchandising – Zoning Review Fees
Individual Sign Permit Fee (per sign) $65.00
Multiple Sign Permit Fee (per business, unlimited signs) $163.00
Sandwich Board Sign License (must be renewed annually) Free
Sandwich board locations must be approved by Zoning Officer.
Outdoor Merchandising on Public Property
0 to 4 sq. ft. Free
4 to 50 sq. ft. $65.00
More than 50 sq. ft. $163.00
Outdoor merchandise location must be approved by the Zoning Officer.
Awnings require a Building Permit Refer to Building Permit
Fee Schedule
Individual Banner Installation Fee $67.00
Double Banner Installation Fee $165.00
Light Pole Banner Installation Fee (per pole) $20.00
Fence– Zoning Review Fee
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Single Family and Duplex Residential $65.00
All Other Uses $163.00
Wildlife Resistant Trash and Recycling Enclosures –
Combined Zoning and Building Review Fee
Single Family and Duplex Residential $65.00
All Other Uses $163.00
Enforcement Fees, Fines, and Penalties
No certificate of occupancy or temporary certificate of occupancy shall be issued until all fees
have been paid in full. Failure to pay applicable fees is subject to fines, penalties, or
assessments as assigned by the Municipal Court Judge.
Non-Permitted Work Fee
Work done without a zoning approval (when one is required), without a building permit (when
one is required), or work done counter to an issued zoning approval is subject to this
enforcement fee. Non-permitted work fee is per infraction and per project. Additional hourly
fees may be applicable to account for staff time. No other action on the project may occur
until non-permitted work issue has been rectified to the satisfaction of the Community
Development Director. Any correction requiring a building permit or zoning application shall
also be subject to the Correction Order Fees described below.
First Infraction (minimum of $325) Hourly fee for staff time
in excess of one hour
Second Infraction (minimum of $650) Hourly fee for staff time
in excess of one hour
Third Infraction (minimum of $975) Hourly fee for staff time
in excess of one hour
Correction Order Fee
This fee shall apply to any work required to correct a zoning violation or to permit work that
has been accomplished without a permit or not covered by an issued permit. Infractions are
per project. For any correction requiring a planning review, the planning review fees shall be
increased according to the below schedule.
First Infraction (minimum of $500) Two Times Zoning
Review Fee
Second Infraction (minimum of $500) Four Times Zoning
Review Fee
Third Infraction (minimum of $500; subject to additional
penalties by citation as assigned by the Municipal Judge)
Eight Times Zoning
Review Fee
Municipal Court Enforcement - Zoning
Fees, fines, and penalties by citation for violations of the Land Use Code shall be established
by the Municipal Court Judge according to the scope and duration of the offense. Zoning
Enforcement Fee may include an assessment for administrative time required by the Zoning
Officer to address the violation.
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Sec. 25.12.025. Utility development review fee.
(a) All projects on properties within the City of Aspen that require engineering development review or
that will add, change, or remove plumbing fixtures are subject to the utility development review prior to
issuance of a City building permit; All projects on properties outside City of Aspen limits that may
change or impact City water service are subject to the utility development review prior to submittal of a
Pitkin County building permit application.
(b) Applicable review fees and utility investment charges must be paid prior to issuance of a City of
Aspen building permit, and/or prior to submitting an application for a Pitkin County building permit.
(c) If submitting a building permit application to Pitkin County for a project that may change or impact
City water service, the following documents are required for the utility development review: (1) Utility
development review application; (2) relevant building plans, which may include architectural, civil,
and/or water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator.
(d) The utility development review fee shall be as set forth in Subsection (e) of the Section.
(e) [Utility Development Fees.]
Utility Development Fees 2020 Rate
Projects with 0 to 200 Sq. Ft. of Affected Area $250.00
Projects with 201 to 5,000 Sq. Ft. of Affected Area $1.50/sq. ft.
Projects of 5,001 to 15,000 Sq. Ft. of Affected
Area
$1.50/sq. ft. for 1st 5,000 sq. ft. + $1.25/sq. ft.
thereafter
Projects with more than 15,000 Sq. Ft. of
Affected Area
$1.50/sq. ft. for 1st 5,000 sq. ft. + $1.25/sq. ft. for
next 10,000 sq. ft. + $1.15 sq. ft. thereafter
Project Type Applicability and Calculation
New Construction
(including “scrape and replace”)
Fee calculated according to affected area.
Affected area is calculated as square footage of
the building footprint, plus the square footage of
exterior disturbance. Calculation instructions are
set forth in Section (f), below.
Interior or exterior work that triggers an
engineering development review, or includes
Fee calculated according to utility affected area.
Utility affected area is the total square footage of
all rooms/work areas in which plumbing fixtures
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adding, removing, or otherwise making changes
to any plumbing fixtures on the property
are affected, plus the total square footage of any
exterior disturbance. Calculation instructions are
set forth in Section (g), below.
Interior or exterior work that does not trigger an
engineering development review, and does not
include making any addition(s), subtraction(s), or
other change(s) to plumbing fixtures
No Review or Fee Required.
(f) Calculating affected area for new construction projects -- Affected area shall be calculated as follows:
(1) Enter building footprint alteration. Building footprint alteration is defined as a level 2
alteration of work area within the building.
(2) Enter new square footage. New square footage is the gross floor area being added to the
building or structure as part of the project.
(3) Enter building square footage. Building square footage is the building footprint alteration
plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this
Subsection (f.1) to determine building square footage.
(4) Enter square footage of the grade floor area of the project.
(5) Enter net building square footage. Net building square footage is equal to either the building
square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the
two numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net
building square footage.
(6) Enter the disturbance area. The disturbance area is the exterior area of the building where
the ground is disturbed. This includes soil grading, landscaping, removing impervious area,
adding impervious area, and replacing impervious areas, layback areas, construction access
areas and stock pile areas.
(7) Total Affected Area equals the net building square footage plus the disturbance area. To
arrive at total affected area, add the values calculated in Section (5) and Section (6) of
Subsection (f) of this Section.
(g) Calculating utility affected area for remodel/renovation/alteration projects-- Utility affected area
shall be calculated as follows:
(1) Enter utility building footprint alteration. Utility building footprint alteration is defined as a
level 2 alteration of work area within the building in which plumbing fixtures are affected. For
example, for an interior remodel, the utility building footprint alteration is measured by the
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total square footage of each room in which plumbing fixtures are added, removed, or otherwise
changed.
(2) Enter new square footage. New square footage is the gross floor area being added to the
building or structure as part of the project.
(3) Enter utility building square footage. Utility building square footage is the utility building
footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and
Section (2) of this Subsection (g) to determine utility building square footage.
(4) Enter square footage of the grade floor area of the project.
(5) Enter net utility building square footage. Net utility building square footage is equal to either
the utility building square footage or the grade floor square footage, whichever is smaller. Enter
the smaller of the two numbers calculated in Section (3) or Section (4) of this Subsection (g) to
determine net utility building square footage.
(6) Enter the disturbance area. The disturbance area is the exterior area of the building where
the ground is disturbed. This includes soil grading, landscaping, removing impervious area,
adding impervious area, and replacing impervious areas, layback areas, construction access
areas and stock pile areas.
(7) Total Utility Affected Area equals the net utility building square footage plus the disturbance
area. To arrive at total utility affected area, add the values calculated in Section (5) and Section
(6) of Subsection (g) of this Section.
(h) Definitions:
(1) Building footprint alteration square footage is the work area portions of an existing building
undergoing reconfiguration of space, the reconfiguration or extension of any system, or the
installation of any additional equipment.
(2) Utility building footprint alteration square footage is the total area of rooms within the
building in which any plumbing fixtures are affected. For example, for an interior remodel, the
utility building footprint alteration is measured by the square footage of each room in which
plumbing fixtures are added, removed, or otherwise changed.
(3) New square footage is measured within the inside perimeter of the exterior walls of the new
addition under consideration, without deduction for corridors, stairways, ramps, closets, the
thickness of interior walls, columns or other features. New square footage includes the exterior
usable area under the horizontal project of the roof or floor above not surrounded by exterior
walls.
(4) Building square footage includes both the building footprint alteration square footage and
the new square footage.
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(5) Utility building square footage includes both the utility building footprint alteration square
footage and the new square footage.
(6) Grade floor area is measured within the inside perimeter of the exterior walls of a building,
without deduction for corridors, stairways, ramps, closets, the thickness of interior walls,
columns or other features. Grade floor area includes the exterior usable area under the
horizontal projection of the roof or floor above not surrounded by exterior walls.
(7) Net building square footage includes both the building footprint alteration square footage
and the new square footage; however, the total shall not exceed the area of the grade floor area
of the complete new building.
(8) Net utility building square footage includes both the utility building footprint alteration
square footage and the new square footage; however, the total shall not exceed the area of the
grade floor area of the complete new building.
(9) Disturbance area is defined by exterior area of the building where the ground is disturbed.
This includes, but is not limited to, soil grading, landscaping, removing impervious area, adding
impervious area, replacing impervious area, layback areas, construction access areas, and stock
pile areas.
(10) Affected area is the net building square footage plus the disturbance area, with the net
building square footage equaling the smaller of either the building footprint alteration plus the
new square footage or the grade floor square footage.
(11) Utility affected area is the net utility building square footage plus the disturbance area,
with the net utility building square footage equaling the smaller of either the utility building
footprint alteration plus the new square footage or the grade floor square footage.
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2021-200.
AGREEMENT made this 22 day of December, in the year 2021.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Pete Strecker
427 Rio Grande Place
Aspen, Colorado 81611
Phone: 970.920.5007
And the Professional:
MGT of America Consulting, LLC.,
d/b/a MGT Consulting Group
c/o Brad Burgess
225 Harvard St., Suite 134
Sacramento, CA 95815
Phone: 916.443.3411
For the Following Project:
Development Fee Rate Study
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $62,120
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1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than July
2022_. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the
performance of Professional's services which shall be adjusted as required as the project proceeds,
and which shall include allowances for periods of time required by the City's project engineer for
review and approval of submissions and for approvals of authorities having jurisdiction over the
project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded
by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional based on the
parameters set forth in Exhibit B appended hereto. Except as otherwise mutually agreed to by the
parties the payments made to Professional shall not initially exceed the amount set forth above.
Professional shall submit, in timely fashion, invoices for work performed. The City shall review such
invoices and, if they are considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
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use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
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shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. “Worker without authorization” means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
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2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program procedures
to undertake pre-employment screening of job applicants while the Public Contract for Services
is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant’s violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the s pecific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
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debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.cityofaspen.com/497/Purchasing
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Executive Vice President
12/23/2021 | 3:07:32 PM PST
Brad Burgess
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1/3/2022 | 11:04:02 AM MST
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
The objective of this work is to assess the City’s current development fees and rebase
the unit price of each fee to obtain full cost recovery; where possible, improve the fee
structure for simplification and accuracy (compare current fee structure to othe r
organizations’ (locally and perhaps to other similar type municipalities), and to create
and deliver tools for the City to assess and modify unit rates to reflect the impacts
around cost of service over time.
Recommended fee structures should be based upon a supported methodology that
uses provided financials for the identified City departments, along with historical service
demand statistics, to capture overall direct, indirect, and overhead costs. The current
structure and fee schedule for 2021 are identified in Exhibit C for reference.
Specific scope of work elements will include:
1. Review current fees and rebase the current unit price to align fees with desired
cost recovery targets for said services. To ensure alignment with City Council
expectations, there may be a desire for the contractor to attend (virtually or in-
person) a work-session meeting with Council to confirm recovery / subsidy
targets for development.
2. Review and recommend modifications to the existing fee structure with the intent
of establishing the correct metrics to apply for fee computations and for
opportunities of simplification. This includes the effectiveness of the process
relative to cost recovery, consistency of application, and staff time.
3. Analysis of City provided data around:
a. The number of permit applications (by type) for the last 5 years
b. The number of permits issued (by type and by year) for the last 5 years
c. A sample of the time required to perform various tasks/permits (by type) –
sample data from Sep-Dec 2020.
d. Direct and indirect spending within the development review entities that is
directed towards these review efforts. (Community Development,
Engineering, Utilities, Parks) – 2021 Budget
e. Any other data required for completion of the proposed scope of work.
4. An analysis of various past permits and how the recommended fee structures
would impact the fees collected for these past projects to document the changes
in unit rates on various projects.
5. A summary of benchmark data of fee structures of other similar municipalities
and a comparative analysis of the City’s fees to other entities’ fees. Additionally,
an identification and qualitative impact of possible fees not being charged by the
City of Aspen (such as short-term rental permit fee, construction waste and
demolition fees) that could improve cost recovery and support Council goals
around waste reduction and an even playing field for lodging.
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6. A document to clearly outline the definition and basis for each fee.
7. New tools to quantify revenue expectations and input items around rates and
metrics to modify the fee structure going forward. Additionally, a tool to quantify
the impact of current fee waivers for both nonprofit organizations and affordable
housing projects. These tools will become the property of the City upon
completion of this contract.
8. Routine check-ins with City staff to ensure that assessments and
recommendations are compatible with City goals and values.
9. Attendance and leadership of two outreach efforts with the development
community, one to help inform preliminary recommendations, and one following
the final recommendations are created (supported by City staff).
10. Drafting of a new fee ordinance and attendance and co -presentation of the
proposed fees to the City Council (possible dates in Sept ember).
Final recommended unit rates and rate structure changes, plus new spreadsheet tools,
are targeted to be completed by May 31, 2022. Second outreach meeting with the
development community and final Council presentation would occur thereafter.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
A fixed fee of $62,120 has been established for this project. This reflects the scope of work outlined
above, plus travel expenses, and the consultants estimated 223 hours to complete the objectives
noted for the project.
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MEMORANDUM
TO:Mayor and City Council
FROM:Trish Aragon, P.E., City Engineer
Pete Rice, P.E., Division Manager
Scott Wenning, P.E., Project Manager
Mike Horvath, P.E., Project Manager
THROUGH:Scott Miller, Public Works Director
MEMO DATE:January 3, 2022
RE:4th and Smuggler Stop Sign Warrant
REQUEST OF COUNCIL:It is requested that Council approve Resolution No 10 of 2022,
there by approving the installation of additional stop signs on Smuggler Street at the 4th
street intersection.
SUMMARY AND BACKGROUND: The West End has contacted the City regarding
concerns about traffic and speeding. As a result, the Engineering Department has met
with several representatives from the West End to understand the issues identified. Based
on these meetings along with field observations, Staff believes these concerns fall within
the City’s Neighborhood Traffic Calming Policy (NCTP).
The City of Aspen’s NTCP is part of the City’s commitment to the safety and livability of
residential neighborhoods. Under this policy, City staff works closely with residents within
neighborhoods to identify the motor vehicle speed issues on their streets.
As part of the NTCP, the Engineering Department is in the process of conducting a formal
study to suggest possible traffic calming measures for the West End neighborhood. The
measures could involve physical modifications of the street to control traffic volumes and
to improve pedestrian and bike safety.
One of the concerns that was brought up by the West End neighborhood, included a
request to install an additional stop sign at 4th and Smuggler. Stop signs can seem 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”, a high incidence of drivers
intentionally will violate the stop. When vehicles do stop, the speed reduction is effective
only in the immediate area of the stop sign as a large percentage or motorists then
increase their speed to make up for perceived lost time. This results in increased mid-
block speeds.
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For these reasons, we do not use stop signs for speed control solutions. Instead, they
must be warranted through a process to improve safety at intersections where traffic
volumes, pedestrian volumes or accidents require their installation.
DISCUSSION:The West End contains all-way stop signs at 17 out of 45 signed
intersections. Please see West End stop sign locations in the figure below.
Figure 1: Stop Sign Locations
Many of these stop signs were installed as an attempt to deter and slow traffic.
Unfortunately, “Manual on Uniform Traffic Control Devices” (MUTCD) and many other
studies indicate that when stop signs are used in this manner it creates a high incidence
of drivers intentionally violating the stop. This overexposure to unwarranted stop signs
leads to driver disrespect for stop signs in general, with a subsequent increase in
accidents at warranted stop sign locations. Additionally, installing stop signs can increase
delays and stops which can translate to higher fuel consumption, air quality impacts and
increased travel times.
A stop sign is considered a traffic control device. Section 42-4-105, C.R.S., states that all
traffic control devices placed or maintained by local authorities shall conform to the most
recent edition of the federal MUTCD and the state supplement thereto.
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The Federal Highway Administration (FHWA) publishes the
MUTCD, which contains all national design, application, and
placement standards for traffic control devices. The purpose of
these devices, which includes signs, signals, and pavement
markings, is to promote highway safety, efficiency, and uniformity
so that traffic can move efficiently on the Nation's streets and
highways. Federal, State and local laws required that government
agencies use the MUTCD for determining which traffic control
devices to use and how each device may be used.
These thresholds include such criteria as number of vehicles, number of pedestrians or
other uses, distance to other devices, crash history, and more. Below is the warrant for
the 4th and Smuggler intersection:
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This warrant was performed before the pedestrian walkway was installed on 4
th street,
which is heavily used especially during the summer months for events at the Music Tent.
As a result, it could be possible, based on pedestrian usage, that a stop sign would be
warranted. However, because the most current warrant does not allow for a stop sign,
MUTCD prevents the Engineering Department from allowing the installation of this stop
sign.
Because of the need to control pedestrian interactions at this intersection, Staff believes
a new stop sign may improve safety. Additionally, according to Colorado State Statues,
cities may establish their own warrants or modify those suggested by the MUTCD to suit
their context.
If Council directs staff to install a stop sign at 4th and Smuggler, Staff recommends that
further observations be performed at this intersection this summer to evaluate the
performance and safety of pedestrian/vehicle interactions at this all-way stop intersection.
FINANCIAL IMPACTS:There are financial impacts to increasing the delay that vehicles
will experience with an additional stop sign. However, the direct financial impacts to the
City by the installation of the new signs and intersection observations is approximately
$4,000. If Council requested an updated warrant and review of this intersection the
financial impact would be an additional $5,000.
ENVIRONMENTAL IMPACTS: Stop signs lead to increased levels of air and noise
pollution, as well as increased fuel consumption and greenhouse gas emissions.
Residents living closest to the intersection experience an increase in traffic noise from
vehicles stopping and accelerating (tire noise and engine noise). Stopping and
accelerating also increases environmental emissions and fuel consumption.
However, the addition of stop signs at the 4
th Street and Smuggler Street intersection may
promote pedestrian safety and encourage alternative mobility methods such as walking
or biking. By incentivizing pedestrian safety, some of the environmental impacts may be
mitigated.
ALTERNATIVES:
Perform another warrant: Instead of installing stop signs the City could wait and
perform another warrant this summer to determine if the pedestrian volume at this
intersection warrants additional stop signs.
Install alternative measures for Pedestrian Safety: The City could investigate other
alternatives to improve pedestrian interactions at the intersection, this can include
the installation of rapid flash beacons, cross walks, etc.
RECOMMENDATIONS:MUTCD limits Staff’s ability to approve an installation of a stop
sign at Smuggler Street and 4th street. However, because cities may establish their own
warrants or modify those suggested by the MUTCD to suit their context, Council can
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approve the installation of additional stop signs on Smuggler Street at the 4th Street
intersection. As a result, it is recommended that that Council approve Resolution No. 10
of 2022.
CITY MANAGER COMMENTS:
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RESOLUTION #010
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ALL-WAY STOP SIGN AT THE INTERSECTION
OF 4TH STREET AND SMUGGLER STREET WITHIN THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a memo outlining the
circumstances at the intersection, a true and accurate copy of which is attached hereto as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the installation of an
all-way stop sign at the 4th Street and Smuggler Street intersection.
RESOLVED, APPROVED AND ADOPTED by the City Council of the City of
Aspen on the 11th day of January 2022.
________________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, January 11, 2022.
________________________________
Nicole Henning, City Clerk
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P.O. Box 565
Basalt, CO 81621
MEMORANDUM
TO:City of Aspen, Mayor and Town Council
FROM:April Long, Executive Director, Ruedi Water and Power Authority
DATE:January 4, 2022
RE:January 11 Council Meeting
RWAPA Intergovernmental Agreement Update
Ruedi Water and Power Authority (RWAPA or the Authority) is a regional council on water for the
Roaring Fork watershed offering planning, coordination, and technical assistance to its members;
coordinating and administering programs and planning at a regional level; and providing communication
between local governments and other regional, state, and federal agencies. Our direction is provided by
a Board of Directors (the Board)comprised of an elected official from each of the jurisdictions within the
watershed: Aspen, Snowmass Village, Basalt, Carbondale, Glenwood Springs, Pitkin and Eagle Counties.
Aspen’s current Director is Rachael Richards.
RWAPA was founded in 1981 in response to an opportunity to develop hydropower at Ruedi Reservoir.
Public Service of Colorado (now Excel Energy) had filed for a permit to develop a forebay at Ruedi to
provide peaking power. That plan would have resulted in the inundation of another two miles of the
Fryingpan Valley downstream of the existing dam and would have led to other fundamental changes in
Ruedi operations and management. RWAPA was formed to block that effort by taking advantage of the
federal ‘municipal exemption’ which would have allowed RWAPA to pre-empt the PSC application. As it
turned out, the municipal exemption could only be exercised by an actual municipality. Therefore,
Aspen and Pitkin County formed a Joint Hydropower Department to gain the permit and develop the
hydropower plant. In the meantime, the intergovernmental communication and cooperation that were
fostered by the first few meetings of the RWAPA Board proved to be sufficient reason to maintain the
Authority.
An Intergovernmental Agreement (IGA) between the participating entities, as well as the Authority’s
bylaws, details RWAPA’s purpose, scope, authority, operations, and management. The IGA was last
updated in 2003. The Board requested an update in 2020 to correct two specific issues:
an error in the name that caused issues in filing financial documents with the State –changing
“Ruedi Reservoir Water and Power Authority” to “Ruedi Water and Power Authority”
and to include a major function of RWAPA –the management of the invasive species detection
program at Ruedi Reservoir to protect the waters from the threat of invasion of aquatic
nuisance species (ANS), most notably zebra and quagga mussels.
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P.O. Box 565
Basalt, CO 81621
In the process, other changes were made to provide a general clean-up and more consistent and concise
language. Additionally,a request was made to clarify RWAPA’s decision-making process, which was
addressed by adding a new section, Section 2.b. The final revised IGA has been reviewed by all
participating entities’ legal counsel and approved by the RWAPA Board of Directors.
RWAPA requests approval from each participating entity for the final revised IGA, as attached to this
memorandum. Signatures will be requested via Docusign following approval.
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RESOLUTION #11
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BY,
BETWEEN, AND AMONG THE CITY OF ASPEN, THE COUNTY OF PITKIN, THE
COUNTY OF EAGLE, THE CITY OF GLENWOOD SPRINGS, THE TOWN OF
SNOWMASS VILLAGE, THE TOWN OF BASALT, AND THE TOWN OF CARBONDALE,
REGARDING THE RUEDI WATER AND POWER AUTHORITY (RWAPA). AND
AUTHORIZING THE MAYOR TO EXECUTE SAID IGA ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Intergovernmental
Agreement by, between, and among the City of Aspen, the County of Pitkin, the County of
Eagle, the City of Glenwood Springs, the Town of Snowmass Village, the Town of Basalt,
and the Town of Carbondale regarding the Ruedi Water and Power Authority (RWAPA), a
true and accurate copy of which is attached hereto; and
WHEREAS, the City Council believes that continued participation in RWAPA is in
the best interest of the City of Aspen and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Intergovernmental
Agreement by, between, and among the City of Aspen, the County of Pitkin, the County of
Eagle, the City of Glenwood Springs, the Town of Snowmass Village, the Town of Basalt,
and the Town of Carbondale regarding RWAPA, a copy of which is attached hereto, and
does hereby authorize the Mayor to execute said IGA on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 11
th day of January 2022.
_______________________
Torre, Mayor
I, Nicole Henning, duly appointed City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held January 11, 2022.
_______________________
Nicole Henning, City Clerk
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1
INTERGOVERNMENTAL AGREEMENT
Amended and Re-Adopted this
______ day of _____, ______
This Intergovernmental Agreement is made and entered into this ______ day
of ________, ______, by, between, and among the City of Aspen by and
through its City Council (hereinafter “Aspen”), the County of Pitkin by and
through its Board of County Commissioners (hereinafter “Pitkin County”),
the County of Eagle by and through its Board of County Commissioners
(hereinafter “Eagle County”), the City of Glenwood Springs by and through
its City Council (hereinafter “Glenwood Springs”), the Town of Snowmass
Village by and through its Town Council (hereinafter “Snowmass Village”),
the Town of Basalt by and through its Town Council (hereinafter “Basalt”),
and the Town of Carbondale by and through its Board of Trustees (hereinafter
“Carbondale”).
WITNESSETH:
WHEREAS, each of the parties to this Agreement has the authority or
responsibility for providing water, power or recreation to the residents
within the respective jurisdiction of each, and
WHEREAS, each of the parties has the authority or responsibility for
protecting the quality of the environmental resources within their respective
jurisdictions on behalf of the residents thereof, and
WHEREAS, each of the parties supports keeping local water resources free
of invasive species, and
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2
WHEREAS, the fulfillment of these responsibilities depends on the free
flow of information and mutual discussion between and among the
governmental jurisdictions in the Roaring Fork River watershed, and
WHEREAS, these responsibilities can be accomplished through the
coordinated and mutually supportive action of a consortium of local
governments joined under appropriate statutory authority to address water,
power, recreational, environmental and related land use issues, and
WHEREAS, these responsibilities can best be accomplished with respect to
Ruedi Reservoir, which is the major water supply and recreational reservoir
within the Roaring Fork River watershed and situated in Eagle and Pitkin
Counties, and other local water resources by the creation of a water and
power authority pursuant to an intergovernmental agreement as authorized in
Section 29-1-201, et seq. C.R.S. 1998, as amended (“IGA Statute”).
NOW, THEREFORE, the parties hereby agree as follows:
1. Ruedi Water and Power Authority
a. Creation and Purpose. The parties hereby create the Ruedi Water and
Power Authority (hereinafter “the Authority”) pursuant to the IGA
Statute and specifically the provisions of C.R.S. sec. 29-1-203 and
203.5, which sections shall apply to the Authority as a separate legal
entity. The purposes of the Authority shall include the following:
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3
(1) To promote, sponsor, manage and direct research on issues
pertaining to the protection, improvement, management,
development and use of the water resources of the Roaring Fork
River and its tributaries.
(2) To support and preserve the water resources, systems, and
facilities of the Roaring Fork River watershed for the production,
transmission and sale of hydroelectric power.
(3) To sell, lease or otherwise allocate water supply held by the
Authority under contract with the U.S. Bureau of Reclamation to the
maximum extent permitted by law.
(4) To support, direct, and guide the development, management, and
operations of Ruedi Reservoir on behalf of and for the benefit of the
Roaring Fork River watershed and the residents of the parties’
jurisdictions.
(5) To provide a unified voice for the communities of the Roaring
Fork River watershed on issues pertaining to the management and use
of the water resources of the Roaring Fork River and its tributaries.
Further, and to communicate the interests, priorities, issues, concerns
and requirements of the communities of the Roaring Fork River
watershed to the U.S. Bureau of Reclamation, the U.S. Fish and
Wildlife Service, the State of Colorado, the Colorado River Water
Conservation District, Colorado River Basin Roundtable, and/or any
other appropriate agencies and authorities.
(6) To assist, support, advise, and consult with the parties hereto or
with other parties or agencies expressly approved by the parties hereto
on issues of river or reservoir management, water diversion, water
storage, recreational resources, water quality, riverbed stability,
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4
invasive species, hydropower development or other issues connected
with the management and use of water resources of the Roaring Fork
watershed.
(7) To facilitate communication and cooperation between and among
the communities, governments, interest groups and businesses of the
Roaring Fork River watershed on issues pertaining to the protection,
improvement, management and use of the water resources of the
Roaring Fork River and its tributaries including.
(8) To provide comment, make recommendations or to endorse zoning
or land use plans or decisions as they pertain to the water resources of
the Roaring Fork River watershed. It is expressly recognized by the
parties hereto that nothing in this Agreement is intended to exercise
any control whatsoever over zoning or land use planning in place of
statutory authority over zoning and land use possessed and exercised
by the parties. Nothing in this Agreement shall affect a delegation of
any of these powers or duties of the contracting parties with regard to
the subjects of zoning and land use.
b. Authority and Powers. The Authority shall have all the power
necessary and proper to carry out the purposes for which it is
established pursuant to Section 1.a above and the IGA Statute
including the specific sections thereof referenced above to the fullest
extent permitted by law, including, but not limited to, the following:
(1) To promote, sponsor, manage, plan and direct research on issues
pertaining to the protection, improvement, management,
development, and use of the water resources of the Roaring Fork
River and its tributaries.
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(2) To assist, support, advise, and consult with the parties hereto or
with other parties or agencies expressly approved by the parties
hereto on issues of river or reservoir management, water diversion,
water storage, recreational resources, water quality, riverbed
stability, invasive species, hydropower development or other
issues connected with the management and use of water resources
of the Roaring Fork watershed.
(3) To manage the invasive species protection program and any other
threats to the integrity of the water resources at Ruedi Reservoir.
(4) To develop water resources, systems, or facilities in whole or in
part for the benefit of the watershed and its inhabitants, at the
discretion of the Board of Directors, subject to fulfilling any
conditions or requirements set forth in this Agreement;
(5) To develop electric energy resources and to produce or transmit
electric energy in whole or in part for the benefit of the inhabitants
of the contracting parties;
(6) To advocate for the rehabilitation of any services adversely
affected by the construction of pipelines, facilities, or systems
through the rehabilitation of plant cover, soil stability, and other
measures appropriate to the subsequent beneficial use of such
lands.
(7) To act as a legislative appointee to the Colorado River Basin
Roundtable, at the joint pleasure of the Chairs of the Senate
Agriculture, Natural Resources, and Energy Committee, and the
House Agriculture, Livestock, and Natural Resources Committee.
(8) To make or enter into contracts.
(9) To employ agents and employees.
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(10) To acquire, construct, manage, maintain, or operate water or
electric energy systems, facilities, works or improvements or any
interest therein.
(11) To acquire, hold, lease (as lessor or lessee), sell or otherwise
dispose of any real or personal property, commodity, or service.
(12) To incur debts, liabilities, or obligations.
(13) To sue and be sued in its own name.
(14) To fix, maintain and revise fees, rates and charges for functions,
services or facilities provided by the entity.
(15) To adopt Bylaws by Resolution respecting the exercise of its
power and the carrying out of its purposes, provided that any
Bylaws shall require the unanimous approval of all parties to be
effective.
(16) To exercise any other powers which are essential to the
provision of functions, services, or facilities by the entity and
which are specified in the contract.
(17) To do and perform any acts and things authorized by this
Agreement, through, or by means of an agent or by contracts with
any person, firm, or corporation.
2. Operation and Management
a. General. The Authority shall be operated and managed for the benefit
of the watershed and its inhabitants as directed by the parties to this
Agreement.
b. Board of Directors. The governing body of the Authority shall be the
Board of Directors (hereinafter the “Board”). The Board shall be
comprised solely of elected officials who are serving on the
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governmental bodies of the parties to this Agreement. Each of the
parties shall appoint one (1) Director to the Board and one (1)
Alternate who shall also be an elected official of the appointing party,
who shall serve at least a one-year term. The Directors in turn shall
elect from their members a Chair, Vice-Chair, and Secretary or other
officer of the Board, who shall each serve at least a one-year term.
Compensation of Directors, if any, shall be determined and paid by
each party to this Agreement for its own Director. Should a Director
not be able to attend a meeting of the Board, the Alternate can serve in
their place and with their authority. Should a vacancy arise on the
Board, the party whose directorship becomes vacant shall appoint a
replacement to complete the vacated term. The Board shall meet at
least annually to conduct the business of the Authority and at such
other times as the Board may direct or pursuant to the Bylaws. A
majority of the Directors shall constitute a quorum, and, except as
otherwise provided in this Agreement, the vote of a majority of the
quorum shall be necessary to take action, including without limitation
in matters related to internal operations and policies, existing
programs, hiring employees, agents and consultants, and establishing
schedules and processes for Board meetings. In addition to any other
greater majority requirement set forth herein, however, any action or
decision by the Board in establishing external policies and positions
that will be publicly communicated (for example and without
limitation: Authority positions on local, state and federal legislation,
regulation or policy, or regarding non-Authority projects or programs)
and the approval of new Authority projects or programs not
previously identified or included in Authority-approved plans, will
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require unanimous consent of the Directors. Each member of the
Board shall be entitled to one vote.
c. Officers. The Board of Directors may appoint such officers and
employees of the Authority as it deems necessary for the efficient
operation of the Authority. Such officers and employees may include,
but are not necessarily limited to, an Executive Director. The duties of
the officers and any employees shall be established by the Board and
set forth in the Authority’s bylaws and/or in contractual form.
3. Funding and Sharing of Surplus Revenues and Operating Deficits
Funding of the Authority's normal activities and operations will be
provided by equal contributions from the members or otherwise as may
be adopted by resolution of the Board. The budget for each year will be
determined at such time to allow for incorporation of member
contributions into the subsequent annual budget of each member. Timely
and complete contributions towards annual operating budgets will be a
condition of membership.
Upon the unanimous consent of all parties hereto, the Board of Directors
is authorized to establish an annual amount to be paid by each party as a
condition of continuing membership. The purpose of such payment shall
be to support the mission and services acknowledged herein and to
provide a source of operating funds to the Authority. Payment shall be
subject to annual appropriation by each of the parties to this Agreement,
and each party shall have no obligation to continue this Agreement in any
fiscal year in which no appropriation is made.
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Distribution of surplus revenues will be determined by the Board
annually during budget discussions. The bonds, notes, and other
obligations of the Authority shall under no circumstances be the debts,
liabilities or obligations of the parties to this Agreement. Any party may,
however, subject to any limitation provided by law, contribute to any
operating deficit of the Authority. Such contribution shall become a debt
of the Authority which must be repaid from available funds. The
Authority’s operating revenues shall be applied in the following
priorities:
(1) First to pay all costs or expenses which have been incurred by any
party to this Agreement in furtherance of the Authority’s activities
and which have been approved by the Board for payment.
(2) To repay any contributions by the parties hereto to operating deficits.
(3) To pay all other costs or expenses incurred by the Authority.
4. Contracts
The Authority may only enter into contracts by resolution of the Board
duly adopted by a majority of the quorum present at an official meeting
of the Board.
5. Bonds, Notes or other Obligations.
a. To carry out the purposes set forth in this Agreement, the Authority is
authorized to issue bonds, notes or other obligations payable solely
from the revenues derived from the function, service, system, or
facility, or the combined functions, services, systems, or facilities of
the Authority subject at all times to the unanimous approval of all
parties. The terms, conditions and details of said bonds, notes and
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other obligations, the procedures relating thereto, and the refunding
thereof, shall be set forth in the resolution authorizing said bonds,
notes or other obligations and, as nearly as may be practicable, shall
be substantially the same as those provided in Part 4 of Article 35 of
Title 31, C.R.S. 2018 relating to water and sewer revenue bonds;
except that the purposes for which the same may be issued shall not
be so limited, and except that said bonds, notes and other obligations
may be sold at public and private sale. Bonds, notes or other
obligations issued under this paragraph shall not constitute an
indebtedness of the Authority or of any party hereto within the
meaning of any constitutional and statutory limitation or other
provision. Each bond, note, or other obligation issued under this
paragraph shall recite in substance that said bond, note or other
obligation, including the interest thereon, is payable solely from the
revenues and other available funds of the Authority pledged for the
payment thereof and that said bond, note or other obligation does not
constitute a debt of the Authority or of any party hereto within the
meeting of any constitutional or statutory limitation or provision.
Notwithstanding anything in this paragraph to the contrary, such
bonds, notes and other obligations may be issued to mature at such
times not beyond forty years from their respective issue dates, shall
bear interest at such rates, and shall be sold at, above, or below the
principal amount thereof, all as shall be determined by the Board of
Directors of the Authority.
b. The resolution, trust indenture, or other security agreement under
which any bonds, notes or other obligations are issued shall constitute
a contract with the holders thereof, and it may contain such provisions
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as shall be determined by the Board to be appropriate and necessary in
connection with the issuance thereof and to provide security for the
payment thereof, including, without limitation, any mortgage or other
security interest in any revenues, fund, rights or properties of the
Authority. The bonds, notes and other obligations of the Authority
and the income therefrom shall be exempt from taxation by this State,
except inheritance, estate, and transfer taxes.
6. Addition or Withdrawal of Parties
a. Any governmental entity may join this Agreement on such terms and
conditions as may be agreed upon by all other parties. No such entity
may be added, however, without unanimous approval of the parties to
this Agreement.
b. Any party may withdraw from this Agreement on its own initiative
upon written notice to the Board. The benefits, obligations and rights
of the withdrawing party shall be reasonably determined by
resolution of the Board upon notice of withdrawal in accordance with
this Agreement other adopted policies. This Agreement shall remain
in full force and effect, notwithstanding any such withdrawal, among
the remaining parties.
7. Term of this Agreement
This Agreement shall remain in full force and effect until rescinded by
unanimous vote of the Board and ratification of the rescission by all
parties. Failure of a party to act on a rescission vote by the Board within
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sixty (60) days of the receipt of written notice by such party shall
constitute a ratification of that vote.
8. Amendment
This Agreement may be amended by unanimous agreement of all the
parties to the Agreement. Notwithstanding the foregoing, this Agreement
may not be rescinded during the term of any bonds, notes, or other
obligations of the Authority, unless provision for full payment of such
obligations, by escrow, other otherwise, has been made pursuant to the
terms of such obligations.
9. Parties May Deal with Authority
Each party to this Agreement may deal with the Authority in the same
manner as any individual or separate entity for the acquisition of water,
power, or on any other matter for which the Authority is authorized to
act.
10. Prior Agreement
Execution of this Agreement by all of the parties shall operate to
supersede and replace any Intergovernmental Agreement previously
entered into by the parties, establishing, governing and regulating the
Ruedi Water and Power Authority.
IN WITNESS WHEREOF the undersigned set forth their hand as
follows:
For the Ruedi Water and Power Authority
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_____________________________________ ______________
Chair, Ruedi Water and Power Authority Date
Approved as to Form:
_____________________________________ ______________
Attorney for the Ruedi Water and Power Authority Date
Witness:
_____________________________________ ______________
Executive Director, Ruedi Water and Power Authority Date
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***
For Eagle County
_____________________________________ ______________
Chairman, Eagle County Board of Commissioners Date
Approved as to Form:
_____________________________________ ______________
Eagle County Attorney Date
***
For Pitkin County
_____________________________________ ______________
Chairman, Pitkin County Board of Commissioners Date
Approved as to Form:
_____________________________________ ______________
Pitkin County Attorney Date
***
For the City of Aspen
_____________________________________ ______________
Mayor, City of Aspen Date
Approved as to Form:
_____________________________________ ______________
Aspen City Attorney Date
***
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For the Town of Snowmass Village
_____________________________________ ______________
Mayor, Town of Snowmass Village Date
Approved as to Form:
_____________________________________ ______________
Snowmass Village Town Attorney Date
***
For the Town of Basalt
_____________________________________ ______________
Mayor, Town of Basalt Date
Approved as to Form:
_____________________________________ ______________
Basalt Town Attorney Date
***
For the Town of Carbondale
_____________________________________ ______________
Mayor, Town of Carbondale Date
Approved as to Form:
_____________________________________ ______________
Carbondale Town Attorney Date
***
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For the City of Glenwood Springs
_____________________________________ ______________
Mayor, City of Glenwood Springs Date
Approved as to Form:
_____________________________________ _____________
Glenwood Springs City Attorney Date
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow in attendance.
CITIZEN COMMENTS:
Alia Joonas – Ms. Joonas said she is an owner of Bear Den Aspen along with Bridger Smith. She said they
submitted a letter and would like to get a special permit to be able to keep their west side patio this
winter. They serve breakfast and lunch, and the tables in the sun are the most popular with locals and
visitors. People would still prefer to sit outside even with no distancing rules.
Mayor Torre said he doesn’t want to have this conversation right now and said they need more
information from staff. He thanked her and said they have the opportunity to address this at our next
week meeting after collecting some information.
Ms. Richards added they’ve been in retreat for the past two days. They haven’t had times to look into
the implications and if it’s a single waiver. She’s not prepared to answer tonight. We need to have a little
time to look at it.
Councilor Hauensteinsaid we had a work session where we decided on ROW activation. His preference
is that we don’t do one offs and let staff deal with this administratively. We can circle back on this.
City Manager, Sara Ott, said this request is outside of the boundaries of the rules that were set earlier
this year and council did not set rules for an appeal process.
Councilor Richards said we really don’t know what’s happening with COVID this winter so we might take
a look at it again.
Trish Aragon, City Engineer, said that council directed us to keep the ones that are already existing and
not allow anything new.
Mayor Torre asked about process and asked if they have the opportunity to get more information and
make a decision next week.
Sara said it’s the council’s pleasure, and it needs to be equitable to other businesses.
COUNCIL COMMENTS:
Councilor Mesirow said they’ve been in an all-day housing retreat last couple days. He is feeling so
grateful for colleagues and staff. It really sets the table to take the housing crisis head on. The
framework we have laid out will provide real goals, supercharge existing housingdelivery mechanisms,
and introduce a new paradigm. It’s a long road to delivery but he is honored to be a part of the process.
Councilor Hauenstein said this has been going on for years, and we are all channeling each other on
many issues. The fabric of our community is at the forefront of our thoughts. We are very serious about
this.
Councilor Richards thanked all of the community members and staff who pulled together the mental
health program at the Wheeler last week. This will be an on-going initiative. She has a jury duty call for
Monday the 13th so she may not be at the work session that day.
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021
Councilor Doyle agreed with the previous comments. What we did during the retreat will make a big
impact in Aspen’s future. Our wildfire season is also now year-round.
Mayor Torre thanked Linda Consuegra and Sara Ott for pushing things forward on short notice for the
mental health program. He asked about next steps. We need to engage the mental health coordination
team in the county and use them as the arm we don’t have. The event at the Wheeler was wonderful
and he is proud of the city for putting this on.
Ms. Ott said she is more than happy to reach out and the coordination team would like to engage with
the council. This is an opportunity for us to review this. She’s planning on hosting a round table with
people in the community for February. We’re coordinating for mental health activities this spring but are
not quite ready for public discussion. This will all come out in an info only memo.
Mayor Torre mentioned the Red Brick allocations from ballot question 2A and said they need to give
Sara some direction. Ms. Ott said it’s now called the arts and culture RETT for its broader purpose.
AGENDA AMENDMENTS:
Mr. True proposed to amend the agenda for the introduction of Ordinance #27, Series of 2021, which
imposes a temporary moratorium on any new land use application and building permits, and also
temporarily putting a moratorium on new STR permits and will be declaring this an emergency. Mr. True
said this item will be placed under Action Items and cited an amendment to item 7B.
Councilor Richards motioned according to the language of the city attorney; Councilor Mesirow
seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
CITY MANAGER COMMENTS:
Ms. Ott said she hopes to see Everyone at the grand opening of the new city hall. The ribbon cutting will
be at 11 am. We will be recognizing the artwork and recognizing our Bauhaus heritage. All art is
available for sale and the artists will be in attendance. This is a gold lead building, which is a fantastic
achievement. She encouraged city council to come for the all-staff photo at 10:45 tomorrow.
BOARD REPORTS:
Councilor Doyle said the Nordic Council met on November 24
th and they spoke about the first grooming
of the season, as well as funding for a new snowcat.
Councilor Richards saidwe will have APCHA tomorrow night. She and John did CML this past Friday. She
also had Colorado Cooperation, which is a bi-annual meeting where they spoke about the homeless
issues, STR’s, and the housing crisis. She sent the slides to the other council members. She also recapped
APCHA.
Councilor Mesirow said they will have APCHA tomorrow. He had NWCOG last week and had a legislative
update.
Councilor Hauenstein said they had a CCLC meeting, and they attended the pedestrian corridor open
house with ACRA and city engineering.
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021
Mayor Torre has RFTA and the Board of Health this week and will share agendas when he receives them.
CONSENT CALENDAR:
Councilor Hauensteinpulled Resolution #115, Series of 2021 – Police Electric Vehicles.
Councilor Hauenstein said he was concerned about the cost of Tesla’s and the cost of ownership and
explained why he was skeptical but has come around to being supportive after doing some research.
Councilor Richards said she is supportive as well. she thanked Councilor Hauenstein for his education
and thoughtfulness.
Councilor Doyle said hefully supports it and thanked Councilor Hauenstein for his education.
Councilor Mesirow said he’s really happy to see this forward thinking move. Tesla is a little bougie but
it’s a balance.
Councilor Richards said the Saabs were a little bougie too. She said she missed the work session on this
on Resolution #123, Series of 2021. She said it’s very comprehensive and well done.
Councilor Doyle motioned to approve the consent calendar; Councilor Richards seconded. Roll call vote:
Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS:
Ordinance #27, Series of 2021 –Mayor Torre explained that we will still hear Resolution #124 and
Ordinance #26. He said Ordinance #27 would still require two readings so a special meeting would be
added for tomorrow night.
Mr. True suggested that council motion to read this ordinance tonight and then hold the public hearing
tomorrow night. It’s an emergency ordinance under the charter.
Councilor Hauenstein motioned to read Ordinance #27, Series of 2021; Councilor Richards seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
City Clerk, Nicole Henning, read the ordinance.
Phillip Supino, Community Development Director, said the ordinance was developed after months of
discussion amongst staff, council and the community about a wide range of topics which are outlined in
the ordinance. The emergency declaration is designed to create a pause whereby council and the
community can consider the relationship those emergency conditions and the regulations and policies in
place specific to the residential sector. Mr. Supino continued to explain the ordinance.
Mayor Torre asked about people applying for STR permits and Ms. Ott clarified that people can still
apply tomorrow and those permits will be extended into 2022.
Councilor Hauenstein clarified that the cut off for acceptance of permit applications is tomorrow night
and Ms. Ott confirmed.
Councilor Richards asked what the timeline is needed for the work to be done.
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021
Mr. True said that May 31
st is the extension of 2022 permit. It can be extended by council action. The
last time we did a moratorium, it was extended, and you also have the ability to do it.
PUBLIC COMMENT:
Shannon Woodruff – Ms. Woodrick said it sounds like people will be grandfathered in if they apply by
tomorrow night. She asked who to apply with and Mayor Torre said the finance department.Mr. True
said she would also need to apply for a business license.
Alexandra George – Ms. George said she was previously told there was a moratorium when she came in
and applied a couple of weeks ago. She’s confused. Mr. Supino apologized and said there was some
administrative confusion and that she should be able to apply now. She asked if there will be some
opportunity to talk about this in the coming month. Staff replied yes.
Joy Stryker – Ms. Stryker confirmed that June 8th could be shortened or lengthened. Mayor Torre said
we will work as diligently as possible, and they may not take the full six months.
John Corcoran – Mr. Corcoran said he is confused about the vested rights. Mayor Torre explained that
someone could apply for a new permit after the moratorium expires.
Mr. True asked for a motion to approve the ordinance and set a meeting tomorrow for 7 pm for second
reading and consideration as an emergency ordinance.
Councilor Hauensteinmoved to approve Ordinance #27, Series of 2021 and setting a special meeting for
tomorrow at 7 pm; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow,
yes; Richards, yes; Torre, yes. 5-0, motion carried.
Council took a five-minute break.
Resolution #124, Series of 2021 – Short-Term Rental Policy Resolution - Phillip Supino, Community
Development Director and
Ordinance #26, Series of 2021 –Amending the City of Aspen Land Use Code Vacation Rental Regulations
Mr. Supino said this came about after council gave direction that they had a desire to regulate STR’s,
pause issuance of STR permits and make 2022 code amendments following staff analysis. He explained
that Ordinance #26 would set policy direction for code amendments and direct staff to look at location,
extent, operation, taxation, and permitting for development of new regulations in 2022. The ordinance
would extend 2021 permits to May 31st, 2022, and allow 2022 permits until January 15th, 2022, effective
date. Ideally tonight we will approve the policy resolution and have first reading of Ordinance #26. On
December 14th, we will have second reading and in 2022, we will work with the community to develop
new regulations.
Wendolyn Whitman – Ms. Whitman said her business is Whitman Fine Properties and started in the
business in 1990 and there were no private people paying sales tax and no real estate people paying
sales tax. You guys showed up to the party two years ago demanding money. We have been through an
administrative nightmare. The market had a boom. The craziest boom she has ever seen in 30 years. Her
company alone paid you a million and 4 in sales tax last year. She said this is forcing all of those people
to do their business on the black market like they were years ago. She said the moratorium is turning
your back on the process you’ve created.
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021
John Corcoran – Mr. Corcoran of the Aspen Alps said the Aspen Alps owners would support efforts to
stabilize employee housing. This is a big deal and merits your full attention.
John and Pam Fisher – Mr. Fisher said he is a resident and teacher at Aspen High School since 1970. He
said they rent their private residence for short term with the intent of being able to stay here. Please
consider that this is part of the reason we are able to stay here. Mayor Torre said we appreciate that
and that is part of why we are doing this to support our locals and your concerns are deep in our hearts
too. Ms. Fisher said they haven’t been able to get a hold of anyone in the finance department.
Elizabeth Selzer –Ms. Selzer said she is an accounting professional in the rental community. She
appreciates and recognizes the need for due diligence, but she feels this has been rushed and pushed
like an avalanche. She said she is aware of five different properties who were issued multiple permits, so
that is driving the reported number up. Outside of Mr. Strecker, she has found the city finance
department to be non-responsive, rude and unhelpful. She hasn’t been contacted by anyone and has
been ignored. She disagrees with the community outreach that has been done.
Scott Writer – Mr. Write said the small business owners have been driven out of town. Please be careful
that this proposal doesn’t destroy another class of Aspenites. They have earned their home over the
years, so they are considered wealthy, but for most, it’s all they’ve got. By doing this, you will obliterate
an older class of Aspenites who call Aspen their only home. We are one of the Aspen middle class who
worked our way up. You only have one hometown, and there are a lot of people in his shoes.
Shannon Woodruff – Ms. Woodruff said she got pushed out by an out of state developer at her previous
home. She’s concerned about getting pushed out a second time. She rents her place out here and there.
Ashely Chod – Ms. Chod said this is rushed and this is an ever moving and ever flowing thing. It’s a really
complicated thing. We already have bookings through Food and Wine and next July. There is still a lot of
confusion out there. You will cause more confusion and less compliance, and it will backfire if you put a
pause or moratorium on it.
Joy Stryker – Ms. Stryker asked how do you see this moving forward? What happens in the next 6
months? Mayor Torre said through work sessions. Ms. Stryker said its’ so important to have an owner-
occupied category. Don’t wrap us up into the whole big pot.
Robin Gorog – Ms. Gorog asked how to define a short-term rental. Mayor Torre said it’s less than 30
nights.
Cindy Houben – Ms. Houben said thank you for being so eloquent. Thank you for your forward thinking
and considering all various elements. She hopes everyone wills stay involved and she appreciates what
they are doing.
Tracy Sutton – Ms. Sutton said a lot of good information has been brought out this evening and said
obviously we don’t have correct data. There are lots of things floating around out there. Use us as your
greatest resources. There were a lot of knee jerk reactions today by homeowners, but we need clear
information.
Councilor Doyle motioned to approve Resolution #124, Series of 2021; Councilor Mesirow seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021
Councilor Richards motioned to read Ordinance #26, Series of 2021; Councilor Hauenstein seconded.
Councilor Mesirow thanked everyone for coming in. He also currently owns an STR.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Ms. Henning read the ordinance.
Councilor Mesirow motioned to approve with an amendment setting the limiting date of December
21st, 2021; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes;
Richards, yes; Torre, yes. 5-0, motion carried.
Council took a five-minute break.
ACTION ITEMS: PUBLIC HEARING – Resolution #098, Series of 2021 – Mill Levy Adoption - Pete Strecker
Mr. Strecker summarized the Mill Levy.
Mayor Torre opened the public hearing.
Mayor Torre closed the public hearing.
Councilor Richards motioned to approve Resolution #098, Series of 2021; Councilor Doyle seconded. Roll
call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes, Richards, yes; Torre, yes. 5-0, motion carried.
Ordinance #23, Series of 2021 – Clarifying Tax Code Definition for Motor Vehicle Sales – Pete Strecker
Mr. Strecker summarized the ordinance.
Mayor Torre opened the public hearing.
Mayor Torre closed the public hearing.
Councilor Hauensteinmotioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilor Hauensteinmotioned to adjourn; Councilor Mesirow seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
______________________________
City Clerk, Nicole Henning
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SPECIAL MEETING ASPEN CITY COUNCIL DECEMBER 08, 2021
At 7:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow in attendance.
Mayor Torre said the Sister Cities room is also available for extra space. He said they will be allowing
public comment this evening and will be limiting it to two minutes. This is a full room and there are
around 75 people online as well. We are not looking for any applause after comments are made and we
are asking for your patience. This is not a ban on short-term rentals. This council is interested in a pause,
and we are working in your best interest.
ORDINANCE #27, SERIES OF 2021 –An Ordinance Imposing a Temporary Moratorium on the
Acceptance of Any New Land Use Application Seeking a Development Order or Notice of Approval,
and on the Acceptance of Certain Building Permit applications for All Residential Uses in All Zone
Districts within the City; and on the Issuance of New Vacation Rental Permits; and Declaring an
Emergency – Phillip Supino, Community Development Director
Mr. Supino passed around a revised copy of the ordinance and explained the changes that were made.
He said the effect of the ordinance is to pause significant residential construction for six months, exempt
commercial, lodge, 100% AH, and minor residential work, and to pause 2022 STR permit issuance. Staff
recommends extending 2021 permits to September 30
th, 2022, and allow transfers of permits between
owners, not between properties. Mr. Supino said there were 182 new STR applicants today and as of 4
pm, there are 81 awaiting response. He explained the public and stakeholder outreach plan and forum
in early January.
Mayor Torre brought up the September 30th date and suggested they make this time period shorter. City
Manager, Sara Ott, said the rationale is that they are anticipating the work will be done prior to that
date in quarters one and two. We didn’t want to stop the permits in the middle of a high season. There
will be some overlap of permits under the old regulations and permits under the new regulations; it’s a
trade-off.
CITIZEN COMMENTS:
Bill Guth – Mr. Guth said he lives on 8
th street. He thanked council for their work and service. He said
over 600 people have signed a petition opposing their actions tonight. Most of us in this room are
opposed. There are better ways to accomplish your goals. You need to focus on the long-term impacts
and goals, and he doesn’t think things can be accomplished in 30 or 60 days. He is a champion of
affordable housing. You don’t understand the impacts that this will have on many people.
Mayor Torre asked Mr. Guth if he rents any short-term rentals and he said no.
Chris Burley – Mr. Burley said he is a former Aspen resident and now lives in Carbondale due to a lack of
housing. He is in the real estate business. The effect that this motion will put on our household would be
devastating. His main client in Aspen is someone who works in residential development. This is not going
to improve the affordable housing issue here. Summit county has built thousands of units and you guys
have built a few hundred. Let’s see action.
Kim Raymond – Ms. Raymond is a local architect and has been in town for 40 years. This will have a huge
impact on the work force. It will happen when permits dry up, and there be a lot of families who have
already suffered from COVID and being shut down. She looked up in the charter the emergency
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ordinance and referenced section 4.11. She asked what the emergency is. Rushing something like this
through, makes all of us feel really uneasy.
Dwayne Romero – Mr. Romero is a citizen of Aspen here with his wife and family. He said he appreciates
council’s service. He said this action reminds him of the 2007 emergency preservation ordinance and it
was a couple years before we got out of that. There is a bit of faith and confidence in our councilto
understanding what you are hearing. He feels like the decision has already made though. Please try to
listen and refine and sharpen the instrument.
Ed Foran – Mr. Foran has been a resident since 1993. He has deep concerns about the devastating effect
this could have on this community. Create an advisory committee so you have stakeholders involved
who are champions of affordable housing. There are concerns of how this could impact the mental
health of this community, which is fragile as it is. This could be very devastating.
Bill Stirling – Mr. Stirling said he asked Phillip if vacant lots are included in this. Mr. Supino said if a
development order was needed for the vacant lot, then it would be included in the moratorium. Mr.
Stirling said when he served the city in the 80’s, the council voted in a couple of moratoriums, and one
put a moratorium on demolition of historic structures and that was an example for him of an
emergency. Out of that, grew a lot of things for historic preservation. He feels this is an abuse of the
process to use an emergency ordinance and locks the public out. He asked if this is really an emergency.
Steven May – Mr. May is an architect in Glenwood but has worked on many affordable housing projects
in Aspen. There have been costs and financial implications that haven’t been thought through. He said
potentially tomorrow he would lose 70 % of his projects. He explained the amount of time it takes to
work on one project and the time it takes for permitting. There are more impacts than what you are
considering.
Alexandra George – Ms. George said she was here last night. Her concerns reflect what everyone else
says. Many of us have applied for permits today generally out of fear in what can happen in 24 hours’
notice. Many of us are concerned. This will skew the numbers. She has yet to hear anyone that is in
favor of this moratorium.
Joshua Landis – Mr. Landis said he is a 30 year Aspen local, and an APCHA graduate and seems like there
are only locals here in the room. We’re the ones showing up and we are your people. We all recognize
there is a problem and want to fix it but the effects of this are multi-faceted. This process is flawed. He is
most upset with Skippy because he is in the STR business. It’s a perceived issue that should make you
guys want to table this. We all want to collaborate to fix this.
Bob Bowden – Mr. Bowden has seen a number of moratoriums and has been here for 40 years. The
moratorium is the most sacred authority we give you for when something is truly endangered. The
historic emergency isn’t the same as this. We work really hard and fast to make the best decisions we
can. This is hundreds of people you are going to affect. If you vote yes, I would ask that you suspend
your salaries from the city until the moratorium is lifted.
Ryan Walterscheid – Mr. Walterscheid is a local architect and said he emailed council last night, but also
wanted to come speak in person. He can understand the emergent nature of getting people to apply
and the city being very short staffed. He has lived here long enough to witness three moratoriums. To
Steven’s point, it takes a long time to get through this process. You have a number of brokers who sold
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property early summer and we have been working with them for months now and a lot of money has
been spent. We are under a tremendous amount of pressure. So many community members are
engaged with these residential properties. I’ve seen this happen with commercial development, but
never residential. Please alter the wording of what you have proposed.
Ashley Chod – Ms. Chod thanked council for their service. If you take a pause, you create a false market.
There is a rush now and when you reopen it up, there will be another rush. If you are confident in what
you are passing, you wouldn’t have done it within 24 hours. Thank you so much for giving us public
comment, but you advertised for no public comment. She now lives in Basalt because she can’t afford to
live here either. If you pass this, you’ll lose her trust and the others in the room. She’s not against a fair
playing field or regulation, but please take the time to make these huge decisions with more time.
Grant Purcell – Mr. Purcell said he’s fortunate enough to live in a 400,000 trailer with APCHA. He’s heard
a lot of experts since he’s been here, and they know what they are talking about. They are the people
you need to engage and involve, but that is not what happened. This is where the middle class comes
from. It’s disappointing.
Maleah Nobrega – She is the owner of 700 S. Garmisch, which she bought a year ago. She has been
tirelessly going through this process. It’s been brutal but have still been excited. They have been through
this process for the past year. We have done the mitigation and just have not submitted the permit. The
whole world is contending with low staff. We thought we were safe and would be able to build. It’s a big
deal.
Alex Glenn – Mr. Glenn said he fully supports this decision. He knows it’s difficult but thinks it’s the right
direction.
Judd Clarence – Mr. Clarence represents clients who have spent hundreds of thousands of dollars and
were ready to submit but are now not able to. He’s disturbed by this process council has taken and
there is no emergency. He echoes what people have already said. You people are our representatives.
We say no, so why are you moving forward?
Chris Bendon – Mr. Bendon said he is feeling the impact and spent a lot of time on the phone today with
clients. The impact to these folks is severe and it’s a real impact. He asked some questions based on
what he does how this is all going to work.
Mr. True said we shouldn’t try to evaluate individual scenarios at this time without knowing all of the
facts. It’s difficult to try to have that kind of dialogue right now.
Mr. Bendon would like to have this level of clarity as soon as possible. There are a lot of people in
complete freak out mode in the community right now.
Mr. Supino said that Mr. Bendon knows how to get in touch with staff with any questions.
Mr. Bendon said he sent an email about three hours ago.
Michael Eddinger – Mr. Eddinger thanked council for the opportunity to speak. He’s heard a lot about
the emergent nature of this issue. He’s assuming there is no time or funds to study this. If we have
resources already in place that could be applied to bring people on concurrently to study this, it would
make much more sense.
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Lex Tarumianz – Mr. Tarumianz thanked council for being here. The comments he has heard have been
spot on. He’s thinking back to 2012 said it didn’t make the downtown core any more vibrant. He’s asking
council to really tap the breaks here. We need to look at the land use code in its entirety. It’s highly
complicated. Let’s get the community involved. He doesn’t see the value in an emergency moratorium
such as this.
Jennifer Fulton – Ms. Fulton said she’s raising two daughters and lives in employee housing. She doesn’t
think taking a gigantic segment of our economy is going to help the big picture. Let’s think about other
alternatives. She does a lot of rentals in town, and it provides a lot of jobs. Think of all the trades
involved in building a house. Please consider other ideas without taking away jobs.
Kathy Bender – Ms. Bender said she is an owner at Fasching House, and she plans on renting during the
summer. She never would have bought her property if she knew she couldn’t do rentals. How does the
city benefit if she can’t rent and her place sits empty for 9 months of the year? it’s unfair to punish the
people who have played by the rules all along.
Emily Kelly – Ms. Kelly says she’s owned a property for 24 years and our ability to rent their place is an
affordable way for people to enjoy Aspen.
Mayor Torre reiterated that it is not their intention to ban short term rentals from Aspen.
Laura Moon – Ms. Moon echoed what Kim Raymond and Joshua Landis said. Workers are hard to find
ever since COVID hit. She suggests not throwing the baby out with the bath water and said this is going
to put a short-term pinch on people locally. This is not an emergency.
John Ward – Mr. Ward said he just finished the APCHA meeting with Skippy and Rachel. The way to
solve this is not through a moratorium. You will exacerbate the employment crunch we have today.
Rethink this.
Elizabeth Selzer –Ms. Selzer said she was here last night and that she is an accounting professional in
the vacation rental industry. She wants to reiteratewhat she said last night, and she said council’s
community has spoken to them tonight. It’s your constituency who is against this.
An unidentified female said that she supports the moratorium and thanked council for making the
difficult decision.
Cindy Houben – Ms. Houben thanked council for bringing this forward and considering the moratorium.
Anytime a moratorium has been in place, it has benefitted the community. This will benefit the whole
community in the long run.
Mike Maple – Mr. Maple said he’s incredibly disappointed in the city with this abuse of power. There are
supposed to be facts to support this decision. He encourages members of the community who have the
resources, to challenge this decision. You aren’t going to find the resources to get this done in six
months.
Larissa Louka – Ms. Louka said she loves Aspen and were planning on becoming owners of a STR. We
have a closing in a couple of days. She urges city council to make the right decision. This feels like
communism.
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Caet May – Ms. May asked council if their opinion matters to them. She said she received an email from
the city stating that this moratorium is already in place.
Mayor Torre asked her to send the email over to him.
An unidentified male thanked council for bringing this up and considering the long-term impacts and
how STR’s have affecting the working class in this community.
Sarah Broughton – Ms. Broughton said Bob Bowden said something that gleaned with her. The world
doesn’t stop when we are dealing with big issues. She has seen time and time again, well-intentioned
policies that go wrong. She understands the issues at hand. Let’s roll up our sleeves and collectively see
what we can do, but it’s not by stopping.
Kristi Gilliam – Ms. Gilliam said she’s not in agreement with this at all. She’s purchased a place in 2001.
She doesn’t understand why we’re doing this.
Heather Huitt – Ms. Huitt said her parents bought her condo in 1988. We used to not rent at all, but she
would like the option of renting it.
Katy Frisch – Ms. Frisch said thank you to council for sticking through this. She’s been listening and a
couple things struck her. She said we haven’t heard from council as to why each of you believe this
moratorium solves a problem and what problem it solves. She thinks this is a flawed process. She
doesn’t see the public part of this.
Monica Columbo – Ms. Columbo bought a place in 2011. When you place a moratorium on permits, it
means you are thinking about banning STR’s. This has created a lot of confusion in the market.
Jason Fishburn – Mr. Fishburn said he’s reiterating a lot of what was said tonight. At the end of the day,
he feels it’s a very rushed process. A lot of people depend on this income.
Mr. True added a letter from Ken Citron of Klein Cote Edwards Citron LLC as an objection to the
ordinance.
Chris Bryan – Mr. Bryan is an attorney for Garfield & Hecht. The city is swinging a sledgehammer instead
of a scalpel. This is not an emergency and you have caught everyone by surprise.He spoke to over a
dozen people who are concerned today, and many are contemplating legal actions. Don’t call this an
emergency when it is not. This will be lucrative for lawyers.
COUNCIL COMMENTS:
Councilor Doyle said he has heard the words abrupt and sudden quite a bit tonight. Michael Miracle
showed him an article from a 2017 issue of Outside Magazine, titled “Did AirB&B kill the mountain
town?” The STR’s are affecting mountain towns across the west and the nation. He doesn’t see this as a
sudden or abrupt occurrence. We’ve got some serious problems here in our town and our community
has spoken to us about the over development issues here as well. Those people have spoken to us, and
we are answering to other community members as well. Well deliberated over this for months to come
to this conclusion.
Councilor Richards said when we are looking at 750 million of current permit valuation in the queue,
that is 750 million dollars’ worth of construction that is titled residential but will end up being
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unmitigated lodging. None of these residences were approved to be mini hotels which they are now
being used for. A line has to be drawn somewhere and you have to stop the bleeding somewhere. The
number of letters and emails she’s received are from people buying with commercial interest, not a
residential interest. There are real impacts whether folks think there are or not. This past summer,
we’ve heard about over tourism and people are stressed and not enjoying their town anymore. She
wants to settle one big myth – this won’t create a lot of affordable housing. This is about the continued
community impacts for her. This is the last question as to whether Aspen is a community or a
commodity. We’re hearing a lot of fear from people who already have a unit or a condo in our lodging
zone and those places are not at risk. It’s appropriate for us to take some action. When the purchases of
residential properties are not for residential purposes, she as a leader, has to take a look at it. There is
no chapter on STR’s in the community plan. We need to think about what kind of a community we are
going to be in the future. Thank you for understanding, it’s a tough issue for all of us.
Councilor Mesirow thanked everyone for coming. Our listening to or contemplation of this issue, didn’t
start tonight. It’s been a decade plus of listening to our community. The underlying need for this
moment has been anything but sudden. He has talked to so many of you about this and the
hemorrhaging on our community. In the past two years, the dam broke. Our opportunity here is to stand
in and do something about that. He loved that Rachel said community or commodity. It’s not a question.
He said in the 60’s, Sheldon and Edwards made some tough decisions that drew angry crowds, but we
look back now at a model they created that worked. That model is now broken. It’s not your fault. It
doesn’t mean that all STR’s and development are bad, but the impacts of the residential sector and
development are fighting our community needs. He became convinced that we need the space and
container to build a new system that works for everyone. This space might come with some pain, but
you are all invited to it. He will be supporting this.
Councilor Hauensteinthanked everyone for coming tonight. It’s been painful listening to people talk. We
have to put all of this in balance. His driving document is the community plan and values in the
community plan are still very much a part of the community and it calls for a balance. We are out of
balance. Commercial use used to be the driving force of this town and now it’s residential. All of our
lodges, legacy lodges, all of them are STR’s. What has happened with our community is that the
neighborhoods have become commercial cores. There has been a conflation of work force housing and
we’ve driven a lot of employees out of our community. The pressures on our community are not unique
to Aspen. We’re asking for a pause to do a study to find out what kinds of regulations are appropriate to
contain our community. The fabric of my community is not for sale. He’s been studying his short-term
rental effects for years. We are asking to continue the status quo. We aren’t telling you as of tomorrow,
you can’t rent your properties. It will take time. We will be reaching out for public engagement. It is an
emergency. We are losing the quality of our town. There’s no segue way from subsidized to free market
housing here in Aspen. Unmitigated consumerism takes advantage of the working class. He is going to
support this because he thinks it is an emergency.
Mayor Torre said he agrees with a lot of what was said. When it comes to short term rentals, we allowed
the ability for these permits to go forward and today we took in over 180 new permits. You’re right, If
there are people out there in the world wondering if they should buy property here in Aspen because
they can turn around and short term rent it, and they are turned off from that, he’s going to have to live
with that. The people that actually live here is what is important to me. Regardless of what you’ve read
or heard, this council doesn’t have the intention of stopping the STR’s that we already have here in
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Aspen. The actual scope of what we are trying to impact, is very narrow. We are not looking to eliminate
this completely; we are looking to modify and amend it. In the city of Aspen, 30% of our free-market
housing is lived in and dropping. The reason we are taking a pause on accepting residential applications,
is so we can amend the code to better align it with the AACP. Your permitting process may not be
slowed, because as you know, it takes months to get a permit through a review process right now. My
heart goes out to the people speaking about their livelihood going away. We are going to get out of this,
on both fronts, as quickly as possible. These won’t be sweeping changes and it will strengthen our
community going forward. He said he appreciates everyone coming out tonight. Our intention is to get
the best for our community. It comes with pain for all of us. He wants to have a cooperative relationship
moving forward. Thank you all so much. We will all move forward together.
Councilor Mesirow motioned to approve with language as amended; Councilor Richards seconded.
Councilor Hauenstein offered an amendment to extend the date one week for the short-term rental
applications.
Council did not agree to extend the date.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilor Richards motioned to adjourn; Council Mesirow seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
______________________________
City Clerk, Nicole Henning
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 14, 2021
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow in attendance.
CITIZEN COMMENTS:
Truth Paradise aka Donald Fice – Mr. Paradise said he has been a citizen of Aspen for 35 years. Thank
you for taking on the incredible task of running this town especially with COVID etc. He feels the mask
mandates are a violation of the constitutionof the United States of America. This is a violation of our
rights, and it very clearly states in our declaration, we have certain inalienable rights. The county
commissioners have presumed to take away our right to wear a mask. He loves the commissioners and
says they are good people, but they have a misunderstanding of the law. He would like for council to
have a quorum and come to a decision and speak out. If you agree with me, speak out. Please weigh in
because it’s the most important subject of our time. I beseech you to take this seriously and please
speak your mind. I want to hear from you. Mayor Torre asked him if he would still be wearing a mask
right now if the mandate was not in place and Mr. Paradise said no.
Ellen Kessler – Ms. Kessler said she is here to speak about puppy mills. Spoke about a golden retriever
named Goldie. She was found in a box and was dying of starvation. She said this doesn’t just happen in
faraway places, but these puppies end up here in our stores in Colorado. The state of Colorado has
struggled for three years to pass something to say that this can’t happen in our stores. Please pass an
ordinance here in Aspen. You can be the change. Do it for Goldie and the millions of others like her.
Rudi Taylor – Ms. Taylor said she is the founder of a foundation based in Berthoud. The primary mission
is to end puppy mills through awareness. Please pass an ordinance in Aspen. This isn’t an anti-business
ordinance, it’s anti-cruelty.
Councilor Mesirow said putting together an ordinance would take staff time and we have no puppy mills
or pet stores here. It feels a bit disingenuous to pass something in a place where this issue isn’t going to
happen.
Joyce Cohen – Ms. Cohen said she would like to stress that even if Aspen never has a pet store, we need
to push this to pass on a statewide level. Aspen is very influential. If the states sees cities like Aspen
passing this ordinance, we are likely to have more backing. It would take minutes to put together and is
budget neutral.
Mike Maple – Mr. Maple lives at 1250 Mountain View Drive and said he would like for council to ask for
people’s addresses who are making public comment.
Amy Gab – Ms. Gab said she is confused about who is putting together the mask ordinance. As part of
the hockey league, we’ve had two games instead of six. She’s been told that the Aspen city council is the
one who suspended the games. Playing in a mask is nearly impossible, and it feels like we are being
punished. She’s all for no mask.
Bill Guth – Mr. Guth said he lives on Bleeker Street and would like to speak on Ordinance #24 which is
being presented tonight.
Mayor Torre said it’s a public hearing and he should rejoin for that conversation later.
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Mr. Guth said he is unable to join later and said he’s requesting council slow down on this item in light of
the moratorium last week. He would appreciate if council considered a holistic solution instead of a
piece meal approach.
COUNCILMEMBER COMMENTS:
Councilor Richards said this is the last city council meeting in this building. She’s going to miss the old
place. She wanted to address the comments about masks. We have addressed this repeatedly and
publicly. Torre also attends and participates in the Board of Health meetings. Many cities are blowing up
with COVID again right now and have reinstated their mask mandates. She supports the mask mandate
at this time.
Councilor Mesirow said we’re coming up on the holiday season and can be a very busy and stressful
time. Compounding on a couple years of difficulty, he invites everyone to put out what we seek back.
Treat each other with kindness and compassion. He said the majority of their community supports a
mask mandate and he still supports it.
Councilor Hauenstein said he’s looking forward to getting over to the new building. He has stated his
position on masks previously and he thinks they are appropriate. It’s a health issue not a political issue.
These measures are to protect the public health.
Councilor Doyle said he had nothing to add.
Mayor Torre said he would like to have a moment of remembrance as Steve Marcus has passed away
and said it was COVID related. He called for a moment of silence. Speaking of masks, he’s not excited to
wear a mask, but he’s willing to do it to protect others and himself. He lost his father last year to COVID
issues. We are trying to have uniformity with our county and masks may be one of the few tools we
have to beat this virusand he will continue to support it. We are asking that visitors do the same. No
one likes it but we have to do this together. There is a hockey meeting tomorrow night and will work
with the hockey community to create a safe ice atmosphere, but we have not gotten good compliance
so far and we are trying to keep people safe. As for puppy mills, until he hears more support from other
council members, he won’t be moving forward.
Councilor Richards saidshe agrees with the sentiments of those speakers, but there is a point at which
you can’t shoot all your arrows and hope one lands. She’s concerned about losing their credibility.
Mayor Torre wished everyone a happy holiday season, but reminded everyone of the icy conditions, so
please be careful. It can also be a difficult time for people. There are a lot of mental health resources in
our community. The Hope Center is there for you at 970-925-5858. A phone call can go a long way.
There is also an event going on this evening at Here House.
Councilor Mesirow said Here House has been putting on a series of mental health meetings. At 6:00 p.m.
this evening, Jamie Butemeyer will be leading this meeting and speaking about practical tools around
compassion and healing.
Mayor Torre said there is a full calendar of mental health events coming up. The Wheeler has many
great events coming up, so please check out the schedule. There is comedy, music and magic and some
great shows booked and something for everyone.
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CITY MANAGER COMMENTS:
Ms. Ott said there is a meeting with the hockey community tomorrow in the Pearl Pass room. Something
has to change. There needs to be some compliance. We will continue to enforce the public health order
in our building. The decision to cancel the league rests with herself and the recreation team. The hockey
community knew this would be the consequence of not complying with the public health order.
Tomorrow we have two great open houses for the Lumberyard. At the Limelight, which was just
remodeled, there are sessions from 12-2 and 6-8 and an online option is also available. Please be
prepared to show your vaccination card if attending in person. Today is the last meeting for city council
in this building. We will resume in the new city hall on January 10th.
She addressed the Kids First Advisory Board making a new requirement to be available to community
five days a week with their childcare services. There is one operator choosing to vacate the building. The
advisory board was very conscientious with their discussions. We will move forward with finding a new
operator once the rooms are fully vacated. If you have questions, please give her a call.
BOARD REPORTS -
Councilor Richards said they had their last housing board meeting over the year last week.
Councilor Mesirow said he has a Nordic council meeting tomorrow. Mayor Torre said he heard the golf
course is up and running.
Austin Weiss, Parks and Open Space Director, said they are thrilled to be getting all the trails open. It will
take another storm before they can set the classic tracks. There is also a big race this weekend, and the
Nordic center is open.
Mayor Torre said he had the CAST housing task force last Tuesday. They were looking mostly at policy
advocacy at the state level. Last week was a Wheeler board meeting reaffirming schedules and
protocols. Everyone is very happy about how they are conducting business. He also had a RFTA meeting.
Councilor Hauensteinspoke about RFTA and said they discussedWe-Cycle and expanding it. Most of the
meeting was budget related.
Mayor Torre brought up Bear Den’s request and asked Jim True when they should have the discussion.
Mr. True said they can discuss when they want. Ms. Ott said she sent an email to council regarding some
thoughts on this item. She suggested they add this as an action item.
CONSENT CALENDAR:
Councilor Richards motioned to approve; Councilor Doyle seconded.
Councilor Hauensteinsaid the county should pitch in on the cost of the traffic study for the Lumberyard
project.
Ms. Ott said she discourages the council from doing that.
Chris Everson, Affordable Housing Project Manager, said part of this scope of work is voluntary. It is
partly incumbent on the developer.
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Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
PUBLIC HEARING – Ordinance #24, Series of 2021 – Revised Calculation for Affordable Housing
Mitigation for Single-Family and Duplex Residential Development - Ben Anderson, City Planner & Phillip
Supino, Community Development Director
Mr. Anderson summarized the ordinance and gave an update since the first reading. There are minor
changes to the proposed code language. The planning and zoning commission recommendation and
public comment are included in your packet. Exhibit D is running public comment until packet review.
There is an updated exhibit D with updated comment also provided. This afternoon we received a letter
from Garfield and Hecht.
Councilor Mesirow saidwe’ve heard a lot of feedback since the moratorium, and he’s fully supportive of
this.
Mayor Torre opened the public hearing.
Fred Pierce – Mr. Pierce said he moved to Aspen in 1960 when he was in second grade and came back to
practice law in 1980. Housing has always been challenging in Aspen, even back then. The current
proposal has significant impacts for guys like him. He couldn’t’ remodel his home without triggering
demolition according to the code. There is a broad swath of local working people who you’re affecting
that I don’t think you’ve thought about. You are putting me in a choice of selling or just continuing to
live in a 50-year-old house that needs a lot of work.
Hayley Carmer –Ms. Carmer said she is an attorney for Garfield and Hecht. She did submit a letter this
afternoon. Our primary concern is the fact that we don’t have any new studies to support changing the
mitigation fees. The city must quantify the reasonable impacts. It’s appropriate to go through that
process now as well as in 2015. There is nothing that has been presented to justify why this is a sound
decision. She suggested tabling.
Kim Raymond – Ms. Raymond said she moved to Aspen at barely 18. She bought into employee housing.
Her goal was to move out when she could, so she bought a condo. She recentlygot a permit to add 120
sq ft to her condo. The impact fees for the employee housing are double what her construction costs
are. All of us have places we are living that we would like to improve but this fee is tremendous. It will
make it so a lot of us can’t do things. It’s not fair. There’s needs to be a differentiation there and a fair
way to do this. Table this and work out more of the kinks.
Bill Guth – Mr. Guth said council should realize this is the largest fee increase ever.
Mike Maple – Mr. Maple said it sounds like you are making progress on revisiting the referral
agreement. The staff memo always has financial and environmental impacts, but in this case, they are
blank. You should consider this. This has very real implications for residents of your community. He
spoke about his parents and how he will take care of them. This is real money you guys are asking and is
the same amount it will cost him a year to take care of his parents – 400k. Back in 2015, you created a
95-page study. They did a pretty good job. You are saying that this study was not well done. It’s not
reasonable. You don’t have an adequate basis to make these draconian changes to your code. To
suggest that someone else is going to pay this fee is incorrect.
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 14, 2021
Councilor Hauensteinread a quote from Lao Tzu and said there is a lot of mud in the water right now.
We have an option to approve this ordinance, or we pause it and come back to address it in
consideration with all other factors. He motioned to table Ordinance #24.
Mr. True said that is not a debatable motion if seconded, so if you would like to discuss this first, please
do so.
Councilor Hauensteinwithdrew his motion.
Councilor Richards said she does agree that there is a real issue here. Its’ clear that it’s very personal to
people. It’s worth taking more time on. This work is important, and she would support Ward and tabling
to a date certain so we can work on these types of solutions that have been discussed.
Councilor Doyle thanked all of the speakers. We don’t know everyone’s stories and that’s why we’re
here tonight. Several of us live in free market real estate and this affects us too.
Councilor Mesirow said he is overly very supportive. He does support the numbers. The concerns you
have brought forth are really important to him, however.
Mr. True clarified that if it were tabled, it will be wrapped up into the other work being done during the
moratorium. It won’t necessarily come back on its own. If you continue to a date certain, it will come
back to you. To do it in January, there won’t be a lot of new or different information. Staff would
recommend passing or tabling it and looking at in the future.
Councilor Hauensteinmoved to table; Councilor Mesirow seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Council took a five-minute recess at 8:11 p.m.
PUBLIC HEARING: Ordinance #26, Series of 2021 – Short-term Rental Regulation - James R. True
Mr. True said this just codifies the issue that was addressed in Ordinance #27, Series of 2021.
Mayor Torre opened the public hearing.
Piper Daily – Ms. Daily said that she is Art Daily’s daughter. She cares deeply about this community. She
has a duplex off of Cemetery Lane and her hope is to be able to stay here and rent her house for
necessary income. She really hopes there can be some reconsideration for this ordinance and that there
can be separate rules who are full-time residents.
Councilor Richards said there are many types of STR’s, and they will be taking a look at what is
appropriate and what’s not in order to protect our town. Councilor Hauenstein said this will not affect
her at all. Councilor Richards motioned to approve Ordinance #26, Series of 2021; Councilor Doyle
seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS:
Mayor Torre said they already have outdoor seating on their private property, and they are requesting
to also use the west side. We would have to do this for everyone, so he’s prepared to stand by his
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REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 14, 2021
decision. The outdoor accommodations they currently have suit them. This is not something that should
be coming to city council and is comfortable with letting staff remain in charge of this.
Councilor Doyle said he feels for Bridger and likes the idea of the seating, but exemptions aren’t the
door they want to open. It’s either one or the other.
Ms. Ott confirmed that staff will communicate back to Bear Den that council isn’t pursuing this.
Mayor Torre said maybe they will allow summer dining earlier than normal for this next year.
Ms. Ott asked one last question regarding wanted to clarify a dollar amount for professional services
contracts in regard to the moratorium. She asked about their comfort level giving her the more than the
50k authority. Council agreed, yes.
Councilor Mesirow motioned to adjourn; Councilor Doyle seconded.
Mayor Torre wished everyone a happy holiday. It’s been a great year working together and the direction
they are going in is wonderful. The support we have heard over the last two weeks is indicative of the
amount of time and hard work we’ve given.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
______________________________
City Clerk, Nicole Henning
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MEMORANDUM
TO:Mayor and City Council
FROM:Lisa Rigsby Peterson, Executive Director Wheeler Opera House
THROUGH:Diane Foster, Assistant City Manager
MEMO DATE:January 4, 2022
MEETING DATE:January 11, 2022
RE:Recommended Updates to Wheeler Opera House COVID Safety
Requirements
REQUEST OF COUNCIL:
At the September 28, 2021 City Council meeting, Council directed the City Manager to
enact operational changes related to public health safety by establishing Wheeler Opera
House COVID protocols. These changes went into effect on October 8, 2021 and
included several steps designed to help slow the spread of COVID, including mandatory
mask wearing as well as proof of either full vaccination or a negative COVID test within
72 hours of attendance. Given the current rapid increase in COVID cases in the City as
well as the apparent greatly-shortened transmission time after exposure, staff would like
to update the requirement for a negative COVID test to a same-day test rather than a
72-hour test. Additionally, staff would like the discretion to limit attendance at Wheeler
events through socially-distanced seating measures to approximately 50% of regular
capacity during this period of rapid growth in positive cases.
SUMMARY AND BACKGROUND:
Since the enactment of the additional public health safety measures September 2021,
the Wheeler Opera House has welcomed thousands of patrons to public events. The
protocols dictated in the administrative order have been effective, as no known
transmission cases have been attributed to performances at the Wheeler (other than an
internal cast transmission from artist to artist during a rental event, which did not affect
staff nor patrons). Mask wearing compliance has been excellent, and vaccination and
negative test verifications have been met with nearly universal good will and compliance
by the public. The change from a 72-hour negative test to a same-day negative test is
proposed as the next layer of protection during a time of high transmissibility within our
community to allow the Wheeler to remain open and serve the public. Additionally, the
ability to limit capacity through socially-distanced seating will further support the
Wheeler staff’s efforts at COVID transmission mitigation.
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DISCUSSION:
If Council approves these staff recommendations, it is expected that the new protocols
can be implemented in as soon as seven days. The only people affected by the change
in testing requirements would be those who cannot provide proof of full vaccination. In
recent experience, this represents just a fraction of the patrons attending or staff
working at the Wheeler: the overwhelming majority of patrons are fully vaccinated.
Temporary social distancing measures have been put into place for performances this
upcoming week while the original 72-hour testing requirement still prevails: if the staff is
granted the ability to implement reduced capacity moving forward as the situation
warrants, it can be done immediately in consultation with artists and rental clients.
FINANCIAL IMPACTS:
Should Council support these requests for additional safety measures, the financial
impact would primarily be in the form of foregone ticket revenue at any reduced capacity
performance. The Wheeler staff feel that the ability to remain safely open as a
community resource outweighs the temporary reduction in ticket revenue, particularly in
light of the alternative of no revenue at all.
Additionally, as the requirement for proof of a negative test has always been the
financial responsibility of the patron, there is no additional cost to the Wheeler. The
change might have a financial impact to attendees if they are paying for same-day
testing. This could be mitigated by the soon-to-open local processing laboratory for
same-day PCR test results for all Free COIVD-19 Testing Roaring Fork Valley sites. As
has been true since October 2021, the opportunity to receive a rapid test on the
Wheeler parcel for a $25 fee will continue to be available to patrons.
COMMUNITY IMPACTS:
Keeping the Wheeler open for performances, gatherings, and as a rental venue for
many local organizations contributes to a sense of normalcy for our community. The
proposed additional protocols would allow the Wheeler to operate in as safe a manner
as possible and help to prevent a devastating shutdown as experienced in 2020 and
early 2021.
ALTERNATIVES:
One alternative to the proposed updated protocols would be to require all patrons and
staff at the Wheeler to provide same-day negative test results, whether or not they are
already fully vaccinated. This would add another layer of responsibility upon patrons
and staff who would need to arrange for testing, which might result in a strain on
community testing capacity on a given day. Any delay in results from the tests in this
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scenario could affect a large number of people, which could lead to a great deal of last-
minute decision making and denial of entry.
Another alternative would be to close the Wheeler again. For reference, one community
peer organization, The Arts Contemporary At Willits (TACAW), has recently contacted
patrons to advise them that TACAW will strive to remain open with updated COVID
protocols, including reduced seating capacity. Closure of the Wheeler would result in
the cancellation of upcoming performances and rental events and it would take some
time to once again recover to reopen.
RECOMMENDATIONS:
Staff recommends that City Council direct the City Manager to update the Wheeler
Opera House Safety Measures to include the following:
1)All members of the public two years and older and all City staff and
volunteers who enter the Wheeler for public events must provide proof of
full vaccination or a third-party administered negative COVID test
conducted on the same day as building entry.
2)The Wheeler Executive Director may temporarily reduce seating capacity to
50% of all available seating until such time as rampant community spread
of COVID ceases.
CITY MANAGER COMMENTS:
City Council and direct this change through a motion. The proposed motion would be:
I move that City Council direct the City Manager to update the Wheeler Opera House
Safety Measures to include the following:
1)All members of the public two years and older and all City staff and
volunteers who enter the Wheeler for public events must provide proof of
full vaccination or a third-party administered negative COVID test
conducted on the same day as building entry.
2)The Wheeler Executive Director may temporarily reduce seating capacity to
50% of all available seating until such time as rampant community spread
of COVID ceases.
-SGO
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Phillip Supino, Community Development Director
Ben Anderson, Principal Long-Range Planner MEMO DATE: January 6, 2021
MEETING DATE: January 11, 2021
RE: Moratorium – Council Goals and Priorities
REQUEST OF COUNCIL: As the first step in the response to Ordinance No. 27, Series
of 2021, staff requests that within the discussion on January 11th, Council refine their
goals and priorities for work to be conducted prior to the conclusion of the moratorium on
the topics identified in Ordinance No. 27. Said another way, it is necessary for staff to
have a clear understanding of Council’s view on where to focus our energies for the next
five months and what success will look like when we evaluate our collective efforts on
June 8, 2022.
The discussion on January 11th will be essential in prioritizing the work within staff’s
workplan established in response to the Moratorium. With this direction, staff will then
identify:
1) The policy areas necessary to study in pursuit of Council’s goals.
2) The specific sections of the Land Use Code to evaluate.
3) A prioritization of distinct elements of this work.
4) The necessary components of an effective community engagement plan.
5) The expertise and scope of professional consulting services needed in support
of staff’s work.
It is envisioned that staff will return to Council for a follow-up to present with a work plan
for further direction and approval by Council.
SUMMARY AND BACKGROUND: Ordinance 27 is a response by Council to several
issues that have come together and intersected in recent years in unprecedented ways
for the Aspen community, environment, and economy. Some of the issues identified in
the ordinance are topics that Aspen has wrestled with for decades. Others are newer and
have become part of our context as the result of new technologies; new trends in local,
regional, and national real estate markets; rapid changes in local and global climate and
environmental health; and impacts from the work and living patterns that have shifted in
response to COVID-19. While Aspen has long been a leader in actions addressing
climate change, our understanding has come into more clear view of the impacts that our
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built environment and development patterns have in undermining our responsibility to
global climate efforts and our own clearly defined community climate goals.
From time to time, it is essential for communities to consider the path they are on and
whether it will arrive at the place the community desires to be. While Aspen has unique
characteristics in our residential economy and has unparalleled success over the years
in responding to the challenges of growth and affordable housing, our city is not alone in
viewing the current situation as a crisis. Many of our peer communities in the Roaring
Fork Valley, throughout Colorado, and across the Mountain West are responding to these
issues in unprecedented ways with an urgency consistent with the scale and importance
of the challenge. We are not alone in understanding the critical nature of our response
to what looks, feels, and has been quantified as a conflagration that threatens essential
aspects of our and other communities.
Together, as identified in Ordinance 27, these specific issues have created an
emergency:
• Our current residential development pattern is contrary to strongly stated
community values and goals within the Aspen Area Community Plan (AACP).
• Our current residential development pattern undermines and will prevent Aspen
from meeting our local climate action and environmental protection goals and
responsibly participating in global climate agreements and initiatives.
• Our long-standing Growth Management Quota System no longer manages growth
as it was intended to, nor is it able to responds to the nature of the impacts to the
community of the current residential development pattern or trends in the use of
many of our residences as short-term/vacation rentals.
• Aspen’s Land Use Code does not provide adequate regulations related to short-
term/vacation rentals in managing the impacts to neighbors, ensuring a balance of
land use types within the community, ensuring the use covers its costs to the
community, and ensuring that rentals are safe and provide a quality product to our
visitors.
• Our current residential development pattern does not produce sufficient
opportunities for the development of Affordable Housing to support an adequate
labor market, in meeting the needs of our employees, employers, and the
maintenance of lived-in, vibrant, sustainable community.
• The development procedures in Aspen’s Land Use code often have the effect of
encouraging residential development that may be contrary to our community goals
and discouraging residential development that supports our goals.
Through the adoption of Ordinance 27, Council took the boldest step to date among peer
communities in linking issues of community, environmental, and economic health to
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Staff Memo, Moratorium Goals and Priorities
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specific development activities. This action has set staff on a path to develop new
solutions and regulatory responses to ensure alignment between the Land Use Code and
the Aspen Area Community Plan. The work plan that will result from discussions on
January 11th and February 1st will shape Council, staff, and the community’s response to
these concerns.
STAFF DISCUSSION: As staff views the next several months of our work with Council
and the community, we see three things as essential to success:
1) Identifying effective, practical, and defensible responses to these issues.
2) Taking a realistic approach to the scope and scale of the work that can be
accomplished during the time constraints of the Moratorium.
3) Engaging in an open and honest conversation with the community on the nature
of the problems we are responding to and the solutions that will eventually
be presented for consideration.
Constraints
While the nature of a development moratorium is intended to create a pause, take a
breath, and respond with thoughtful and impactful policy and regulatory solutions to
critical issues, there are constraints that staff, Council, and the community must
acknowledge as we begin this work.
• Time
As Ordinance 27 identifies and is confirmed by a common interest to end the
moratorium as soon as possible, there is not unlimited time to act. The issues
being addressed are daunting problems and we have a limited time to respond.
This constraint forces us to be strategic and focused in identifying a reasonable
and practical scope that will prioritize the most effective solutions. It is essential
that Council prioritize work that requires the protection of the moratorium to
conduct. It is staff’s view that this work ought to focus on those things most
impactful to the pace, scale, and economics of residential development.
• COVID
While we have all been flexible and creative in getting things done over the last
two years, COVID continues to be a challenge that adds an additional degree of
difficulty to this work that must be considered. The types of conversations and
collaboration that best support work of this nature between staff, staff and Council,
and staff with the community are more challenging and less effective if they are
held virtually out of necessity. We are committed to finding solutions to best
address this circumstance and hope that the situation allows for more normal
interactions as we move forward, but this will likely shape the nature of community
engagement as our conversations unfold.
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Staff Memo, Moratorium Goals and Priorities
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• The “wicked” nature of the problems we face
The issues that are addressed by the moratorium are primarily economic and
environmental in nature. While staff has confidence that we can respond with
impactful proposals, these issues are complex and often confounding. If they were
easy issues to define or resolve, Aspen would have already done so. We will need
creative and collaborative effort, patience with the process, and awareness that ,
as has been the case for nearly a half century, the community’s response to these
wicked problems must be iterative and adaptable.
• Conflicting Views
Many of the issues considered by Ordinance 27 relate to topics that have long
been argued in Aspen and elsewhere. As has already been identified in
commentary in our newspapers and on social media, and in public comment as
Ordinance 27 was being considered, there are clear differences of opinion on the
fundamental framing of this situation. As examples, there are competing views on:
1) What is the proper definition of the term “growth”? 2) What is the appropriate
role of affordable housing within Aspen? 3) What aspects of our economy and
community bear responsibility for the currently untenable dynamics and for
supporting potential solutions?
There are many more of these kinds of questions being expressed in the
community, and while a successful moratorium process will hopefully help us all
to better understand these different perspectives, we have to be aware that
some of these topics are things where consensus may not be able to be found.
However, it will be imperative for all involved to understand that any inherent
friction on these topics and in these conversations are between people who care
deeply about and hold a common interest in the future well-being of Aspen and its
citizens and visitors. Staff is committed to providing Council and the community
with the data and framing necessary to achieve shared understanding – knowing
that may not always result in agreement.
What staff has heard
While not to constrain Council’s thinking on this matter or to predetermine the possible
outcomes that may be pursued, some basic framing may be helpful to guide the
conversation on January 11th.
Staff has heard Council members identify the following topics of concern across multiple
work sessions, during the Council goal setting retreat this summer, the more recent
housing-focused retreat, in emails discussing citizen concerns and news stories that
illuminate local and regional issues, and in individual conversations both before and after
the passage of Ordinance 27.
1) Short-Term/Vacation Rentals.
Staff has heard five common concerns related to the expansion of the STR market and
the current regulations that are contained in the Land Use Code:
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Staff Memo, Moratorium Goals and Priorities
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• STRs are a land use distinct from residential and lodge uses. Yet land use
regulations do not make that distinction. This results in a variety of inequities and
community impacts which our current system fails to address.
• Aspen has not sought to mitigate the impacts of STRs on employee generation
and other infrastructure and service demands.
• The community has not established review criteria to ensure basic health and
safety standards for individual STRs, or to provide common expectations related
to property management and guest behavior standards.
• The scale and rapid expansion of STRs are changing the nature of important
aspects of neighborhood and community character in ways that we are just
beginning to understand. It is clear that some STRs are operating as commercial
uses in dedicated residential zone districts.
• STRs, particularly in multi-family developments, have accelerated a transition of
many housing units that previously were owned or rented by working locals into de
facto lodge units. The displacement of locals from these units over time is not a
new trend, but STRs have brought a new scale and pace to this challenge.
2) The pace and scale of free-market residential development and redevelopment.
This basic statement captures a robust range of community and Council concerns:
• Aspen’s Growth Management Quota System does not capture or mitigate the
impacts of current trends in the real estate and development context.
• The cumulative impacts inherent in the demolition and redevelopment of large
single family and duplex residential properties is inconsistent with Aspen’s on-
going leadership in responding to the global climate crisis. Council has expressed
desire to find solutions in reducing the cumulative energy demands and CO2
emissions resulting from our built environment.
• The mass and scale of homes built in response to current trends in single-family
and duplex development are inconsistent with established community values
expressed in the AACP.
• The scale, complexity, and concentration of residential construction projects
creates an undue burden on neighbors who must tolerate construction noise,
parking constraints, and other negative impacts of development that can take
years to complete from start to finish.
• The scale, complexity, and concentration of residential construction projects
creates undue burdens on community infrastructure including roads and bridges,
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Staff Memo, Moratorium Goals and Priorities
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parking, and public utilities, as well as environmental infrastructure like solid waste
management systems, air quality, and water quality.
3) Affordable Housing production.
In Council’s continuous exploration of opportunities to produce more affordable housing
units in meeting the demands of our workforce, community, and economy, the following
questions have been asked:
• Are there opportunities in the Land Use Code to make the development of
affordable housing less difficult and more predictable for both public and private
sector projects?
• Are there additional incentives that could be provided to encourage more private
sector development?
• Are there strategies in the Land Use Code and financial tools that could encourage
the onboarding of new affordable housing units that are “development neutral”?
The idea of development neutral affordable housing broadly means that both in the
funding and creation of the additional AH units that we need, that we avoid new
physical development that the community does not desire.
4) Development Procedures within the Land Use Code
This Council and previous Councils have expressed concerns about our development
review process and have asked the following questions:
• Are there ways to make the review process more efficient and predictable while
still protecting the intent and integrity of a specific review?
• Are there ways to reduce the loopholes in processes that can lead to undesirable
development outcomes, particularly in the residential sector?
• Can we ensure that review boards are granting approvals that align with the intent
and letter of the Land Use Code?
• How can development review processes be designed to make easier the types of
development identified in the AACP as being necessary for the maintenance of
community character and sustainability. Conversely, what processes can be
designed to ensure that other development types cover their costs and impacts to
the community while supporting public goods and infrastructure?
Specific questions for Council
• Do staff’s summaries of the Ord. 27 topics reflect your thinking about those topics?
• Are there policy areas or topics relevant to Ordinance 27 not touched upon in the
descriptions above?
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• Does Council support the concept of prioritizing that work which requires a
moratorium to properly conduct, while putting other work on a longer timeline?
• What ideas for community engagement do you have that staff should include in
project planning?
At the meeting on January 11th, for each of these areas, staff will be asking Council if the
framing above captures their understanding of the concerns that have been previously
expressed. From there, we will work to identify the outcomes or measures of success
Council wishes to pursue in each area.
CONCLUSION AND NEXT STEPS:
The direction from Council that results from this discussion will be essential in developing
effectives response to the Moratorium. Because of the potential expansiveness of these
topics and the time constraints imposed on the process, thoughtful prioritization of our
collective work is crucial to success. While staff will certainly pivot in response to future
Council and community input that may emerge along the way, staff believes that an
upfront, clear and specific statements of what success will mean – will provide the
necessary foundation on which staff can build the process.
Staff has spent the past few weeks bringing consultants online to support various
elements of the project, identified resource needs to support our work, and begun to
conceptualize policy and regulatory ideas to responds to Council and community
direction. Staff expects to return to Council for consideration of a proposed work plan
that outlines specific policy elements to pursue, a plan for community engagement, and
an overall project timeline.
FINANCIAL IMPACTS: None at this time.
ENVIRONMENTAL IMPACTS: None at this time.
ALTERNATIVES: N/A
RECOMMENDATIONS: Staff recommends a robust discussion on January 11th that
establishes Council direction on their desired outcomes and measures of success in
response to Ordinance 27, Series of 2021.
CITY MANAGER COMMENTS:
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