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AGENDA
CITY COUNCIL REGULAR MEETING
February 8, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
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 #012, Series 2022 - Parks Department Fleet Replacement Contract
Welch Equipment
VI.B.Resolution #015, Series of 2022 - Recreation Facility Master Plan Project
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VI.C.Resolution #017, Series of 2022 - Jim Gaffigan Contract
VI.D.Resolution #018, Series of 2022 - Growth Management Allotment Carry-Forward
Review
VI.E.Draft Minutes of January 11th and January 25th
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
IX.A.Ordinance #01, Series of 2022 - Amending Title 5 Of The Aspen Municipal Code,
Marijuana And Alcoholic Beverages
X.ACTION ITEMS
X.A.2022 EOTC Workplan Amendment
X.B.Affordable Housing Strategic Plan
XI.ADJOURNMENT
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MEMORANDUM
TO:Mayor and City Council
FROM:Steve Barr, Parks Operations Manager
THROUGH:Matt Kuhn, Parks and Open Space Director
MEMO DATE:January 26, 2022
MEETING DATE:February 8,2022
RE:Parks Fleet – (3) G.E.M. Electric Utility Vehicles
REQUEST OF COUNCIL:The Parks Department is requesting approval of a contract
with Welch Equipment. for the replacement of (3) G.E.M. Electric Utility Vehicles
SUMMARY AND BACKGROUND: The replacement of this equipment is included in the
2022 Asset Management Plan. City Council approved the Asset Management Plan in the
2022 Budget.
DISCUSSION: The Parks Department utilizes a variety of equipment for our parks,
open space and trails maintenance programs. This contract with Welch Equipment is a
scheduled fleet replacement for each item represented.
Parks department G.E.M. electric utility vehicles are used by staff to perform tasks
throughout the parks and trails systems. The versatility of these vehicles to operate on
trail systems and roadways safely is a large benefit to the Parks Department and the
performance of past models have encouraged us to continue with this model and
manufacturer. It should be noted with every replacement cycle Parks Department
assess the marketplace for sustainable replacement options to each piece of equipment
and at this time we feel this electric option fulfills such an option.
The fleet budget accounts for a five-year replacement cycle for this equipment. The
contract with Welch Equipment is based on a cooperative purchase agreement price
through Sourcewell. With supporting Sourcewell contracts effective until 2025.
FINANCIAL IMPACTS: The contract with Welch Equipment in the amount of $88,115.88
is authorized and accounted for in 2022 fleet vehicles replacement budget. This purchase
is part of the Parks and Open Space Fund budget (100 Fund) and capital project cost
center of 572.81200.57520.51484.
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ENVIRONMENTAL IMPACTS: Maintaining parks and trails provides for green space,
safe winter pedestrian passage and alternative transportation opportunities. These
vehicles use electric power and support the City of Aspen’s choice to seek out sustainable
alternatives.
ALTERNATIVES:Council could direct staff to postpone the replacement contract or seek
alternative vehicles or contracts.
RECOMMENDATIONS:Parks Staff recommends approval of the contract with Welch
Equipment for the replacement of (3) G.E.M. Electric utility vehicles.
PROPOSED MOTION:“I move to approve Ordinance # 012”
CITY MANAGER COMMENTS:
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RESOLUTION # 012
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND WELCH EQUIPMENT 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
three (3) G.E.M. Electric Utility Vehicles between the City of Aspen and Welch
Equipment, 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 three (3) G.E.M. Electric Utility Vehicles between the City of Aspen and
Welch Equipment 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 8th day of February 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, February 8, 2022.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2022-014.
AGREEMENT made as of 12 day of January, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Steve Barr
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Vendor:
Welch Equipment
c/o Keith Fine
2381 1/2 River Road
Grand Junction, Co. 81505
970-623-3953
Kfine@welcheq.com
Summary Description of Items to be Purchased:
(3) G.E.M. Electric Vehicles each with a specific build characteristic for planned work functions.
Exhibits appended and made a part of this Agreement:
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.:_#012-2022
Exhibit A: List of supplies, equipment, or materials to be purchased.
Total: $88,115.88
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The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 585 Cemetery Lane, Aspen CO 81611) [Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereb y made a part of
this Agreement as if fully set out at length herein.
4. Warranties. Attached
5. 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 Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. 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 Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the 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.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. 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.
10. 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
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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 Agreement.
11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this 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 the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor 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 Vendor for the purpose of
securing business.
(B) Vendor 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) Vendor 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 vendor, 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 Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
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and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. 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 using 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.
15. City Council Approval. 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.
16. 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 under this Agreement.
Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. 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, vendor 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.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor 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.
19. 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
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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.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
By: __ _________________________
Aspen City Manager
_______________________________
Date
SUPPLIER:
___________________________
By:________________________________
___________________________________
Title
___________________________________
Date
Approved as to form:
_______________________________
City Attorney’s Office
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Keith Fine
1/13/2022 | 12:12:16 PM PST
Territory Manager
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1/26/2022 | 10:44:58 AM MST
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MEMORANDUM
TO:Mayor and City Council
FROM:Cory Vander Veen, Recreation Director
THROUGH:Austin Weiss, Director of Parks and Recreation
Diane Foster, Assistant City Manager
MEMO DATE:January 31th, 2022
MEETING DATE: February 8th, 2022
RE:Resolution #15 Series 2022 Recreation Facility Master Plan project
REQUEST OF COUNCIL:Staff requests a contract award to Rowland & Broughton and
Perkin & Will in the amount of $148,345 for the completion of a comprehensive facility master
plan for Aspen Ice Garden (AIG) and the Aspen Recreation Center (ARC). Staff also requests
the approval of a contingency budget of $16,655 to be released under the administrative
authority of the City Manager.
PREVIOUS COUNCIL ACTION:Aspen City Council has reviewed and approved funding for
this capital project through the 2021 budget review process.
BACKGROUND:On November 11, 2021, it was communicated to City Council that the
Recreation Department was in the process of seeking contractors for a master plan of AIG and
the ARC. The City of Aspen solicited proposals from qualified firms to perform a
comprehensive master plan involving three areas: the exterior of the AIG, the interior of the
AIG, and the interior of the ARC.
DISCUSSION:The contractor will go through four phases for this project. The first phase is a
discovery phase to include all previous recreation plans and reports. During this discovery
phase, the contractor will conduct discussion sessions with key focus groups (determined by City
staff) to determine the community recreational needs and wants. The contractor will look at
previously planned projects like the outdoor pool that was approved and funded in 2009. This
project was put on hold due to City funding concerns during this economic recession. The other
project that was planned and approved was the ARC upstairs fitness center expansion (cardio
equipment and gymnasium). The contractor will provide a feasibility study for both of these
plans. The overarching goals for this project are:
The contractor will conduct community outreach to gather community feedback
regarding needs and wants
o Create surveys, multiple focus group sessions, community meetings, multiple site
walkthroughs
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Aspen Ice Garden interior master plan and improvement plan with recommendations
Aspen Ice Garden exterior master plan and improvement plan with recommendations
Aspen Recreation Center interior master plan and improvement plan with
recommendations
o Provide a feasibility study of the current designed outdoor pool at the ARC
o Provide a feasibility study of the currently designed fitness expansion at the ARC
Create initial designs and provide renovation plans with estimated construction costs for
the redesign of the interior and exterior of AIG and the interior of the ARC.
Financial impact: The Recreation Department has two approved capital projects to conduct
these two facility masterplans from the approved 2021 capital budget of $165,000. The delay in
the facilities assessment project and time constraints of multiple other capital projects in 2021
caused this master plan project to be delayed until 2022. This project is planned to start in late
February and be completed before September 2022.
Description of Services Total Costs
Phase 1 Discovery $60,000
Phase 2 Big ideas $30,580
Phase 3 Making Decisions $45,840
Phase 4 Recommendations and final; report $7,300
Total $148,345
RECOMMENDED ACTION:Staff requests the City Council approves the contract for
Rowland & Broughton, Perkin & Will in the amount of $148,345 for the completion of a
comprehensive facility master plan. Additionally, staff requests the approval of a contingency
budget of $16,655 to be released under the administrative authority of the City Manager.
PROPOSED MOTION:I move to approve the Resolution #15 series of 2022.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Professional Services contract for Rowland & Broughton, Perkins & Will
B. Resolution #15 Series of 2022
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RESOLUTION # 15
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ROWLAND & BROUGHTON AND 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
FACILITY MASTER PLAN PROJECT, between the City of Aspen and
ROWLAND & BROUGHTON, 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 facility master plan project between the City of Aspen and ROWLAND &
BROUGHTON, 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 8th day of February 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, February 8th, 2021.
Nicole Henning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2021-158.
AGREEMENT made this 2 day of December, in the year 2021.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Cory vander Veen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: 970.544.4104
And the Professional:
Rowland & Broughton
c/o Chris Kastelic Sara Broughton
500 W Main Street
Aspen Colorado 81611
Phone: 970.379.0111
For the Following Project:
Facilities Master Plan
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: $148,345
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Agreement Professional Services Page 1
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 31, 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 on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at 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.
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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 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.
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Agreement Professional Services Page 3
(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 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
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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 certificate shall identify this contract 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.
(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.
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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 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.
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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.
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.
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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.
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
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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.
(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.
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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 specific 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 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]
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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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Sarah Broughton
12/2/2021 | 2:00:44 PM PST
Principal
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
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Agreement Professional Services Page 12
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
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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:February 2, 2022
MEETING DATE:February 8, 2022
RE:Resolution #017, Series of 2022
REQUEST OF COUNCIL:
Staff requests approval of Resolution #017, Series of 2022, directing the City Manager
to sign the contract between the City of Aspen and Chimichanga Productions, Inc.
F/S/O Jim Gaffigan.
SUMMARY AND BACKGROUND:
The City’s procurement process requires Council approval of all contracts with a value
of $50,000 or higher. The value of the contract for the services of Jim Gaffigan, who will
appear at the Wheeler for two sold-out performances on February 19, 2022, is $66,850.
FINANCIAL IMPACTS:
The contractual fee for Jim Gaffigan’s two performances totals $60,000. In addition to
this guarantee, there are additional travel buyout costs of $2,500, a lodging buyout of
$3,100, a $1,000 fee for the opening comedian and two per diems totaling $250. These
out the door cost total the $66,850 and do not include any additional absorbed or
avoided costs that are noted in the contract details incurred by the Wheeler, such as
advertising, stagehands, credit card fees, etc.
Anticipated ticket sales for the two performances total $70,128 and are expected to fully
offset the cost of the two performances.
RECOMMENDATIONS:
Staff recommends that City Council approve Resolution #017, Series of 2022.
CITY MANAGER COMMENTS:
37
RESOLUTION #017
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND CHIMICHANGA PRODUCTIONS, INC. F/S/O JIM GAFFIGAN,
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
between the City of Aspen and Chimichanga Productions, Inc. F/S/O Jim
Gaffigan, 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 $66,850 between the City of Aspen and Chimichanga Productions, Inc. F/S/O
Jim Gaffigan, a copy of which is attached 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 8
th day of February 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, ___________2022.
Nicole Henning, City Clerk
38
MEMORANDUM
TO: Mayor Torre and City Council
FROM: Amy Simon, Planning Director
THRU: Phillip Supino, Community Development Director
RE: Growth Management Allotment Carry-Forward Review
Resolution #018, Series of 2022
DATE: February 8, 2022
__________________________________________________________________________
SUMMARY:
The purpose of this memo is review of the unused growth allotments from 2021 and a Council
decision on the amount to carry-forward to the 2022 development year. The Growth Management
Quota System (GMQS) outlined in LUC Section 26.470 provides specific annual allotments for
various development types in the City. The annual available allotment for each development type
is a combination of the standard annual allotment provided in GMQS and any carry-forward
allotment from the previous year.
The City’s Land Use Code specifies the annual allotments in various land use categories as
follows:
Development Type Annual Allotment
Residential — Free-Market 18 new units
Commercial 33,300 additional net leasable
square feet
Residential — Affordable
Housing
No annual limit
Lodging 112 additional pillows
Essential public facility No annual limit
BACKGROUND:
Growth allotments granted in 2021 are summarized in Exhibit A. The 2021 total development
allotments included no carry-forward from 2020. The allotments received or applied for in 2021
included no free-market residential allotments, no Commercial Net Leasable and four lodge
pillows. Four affordable housing units and 866 square feet of Essential Public Facility space were
approved, but there is no annual limit, or cap, on these categories.
2022 annual allotment +
discretionary
2021 carry-
forward
allotment
=
2022 total
development
allotments
39
Page 2 of 3
According to Section 26.470.120.B of the Land Use Code, “The City Council, at its first regular
meeting of the growth management year, shall review the prior year’s growth summary, consider
a recommendation from the Community Development Director, and shall, via adoption of a
resolution, establish the number of unused and unclaimed allotments to be carried forward and
added to the annual allotment. There is no limit, other than that implemented by the City Council,
on the amount of potential growth that may be carried forward to the next year.”
In 2022, City Council may carry-forward from 2021 up to 18 additional free-market residential
allotments, 33,300 square feet of additional commercial space, and 108 additional lodging pillows.
The Land Use Code provides criteria for Council to consider in determining whether to carry
forward GMQS allotments. The City Council may carry forward any portion of the previous year's
unused allotment in any category, including all or none. Land Use Code 26.470.120.B states:
“The City Council shall consider the following criteria in determining the allotments to be carried
forward:
1. The community's growth rate over the preceding five-year period.
2. The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts and community character.
3. The expected impact from approved developments that have obtained allotments, but that
have not yet been built.”
The specific code language, including the above criteria, can be found in Exhibit B. A summary
of growth over the last decade is provided as Exhibit C.
Any allotments carried forward into the 2022 development year, in addition to the annual
allotments prescribed by the Land Use Code, could be used by development in each category.
Considering the above criteria, and consistent with Council direction for the past 7 years, staff
recommends that none of the remaining 2021 GMQS allotments be carried forward to 2021.
During Council discussions in 2020 and 2021, concerns have been raised about the effectiveness
of the allotments system relative to the original intent of the Growth Management Quota System.
At worksessions in February and April 2021, Council indicated support for meaningful changes to
the program. A summary of the direction given to staff is attached as Exhibit D. Council held
additional discussions about potential Growth Management code amendments, particularly
around affordable housing mitigation, in Fall 2021; and in December 2021 Council enacted a
moratorium on certain types of residential development in order to improve or add regulations to
achieve community goals.
Taking action on the 2021 Growth Management allotments will not prevent future Council action
on the GMQS regulations.
RECOMMENDATION:
Staff recommends City Council approve Resolution #018, Series of 2022, carrying-forward none
of the unused 2021 growth management allotments.
RECOMMENDED MOTION:
“I move to approve Resolution #018, Series of 2022.”
40
Page 3 of 3
ATTACHMENTS:
Resolution #018, Series 2022
Exhibit A – Summary of 2021 growth management allotments
Exhibit B – GMQS Carry Forward Code Language and Review Criteria
Exhibit C – Growth in Aspen over the past decade
Exhibit D – Summary of April 2021 Council Worksession on Growth Management
41
Resolution #018, Series 2022
Page 1 of 1
RESOLUTION #018
SERIES OF 2022
A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE “CARRY-
FORWARD” GROWTH MANAGEMENT ALLOTMENT FROM 2021 TO 2022
WHEREAS, pursuant to City of Aspen Land Use Code Section 26.470.120, the City Council shall
review the prior year's growth summary, consider a recommendation from the Community Development
Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments
to be carried forward and added to the annual allotment; and,
WHEREAS, pursuant to said sections and considering the following criteria, the Community
Development Director has provided a recommendation to carry-forward none of the unused growth
management allotments from 2021:
1. The community's growth rate over the preceding five-year period.
2. The ability of the community to absorb the growth that could result from a proposed development
utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction
impacts and community character.
3. The expected impact from approved developments that have obtained allotments, but that have not
yet been built; and
WHEREAS, on February 8, 2022 the City Council considered the recommendation by the
Community Development Director, and the above criteria and approved Resolution #018, Series of 2022,
by a ___ to ___ (__ to __) vote; and,
WHEREAS, the City Council finds that the decision to carry forward none of the unused growth
allotments from 2021 meets or exceeds all applicable standards and is consistent with the goals and elements
of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO: That the City Council carries forward none of the unused growth management
allotments from 2021 to be available in 2022.
RESOLVED, APPROVED, AND ADOPTED FINALLY this 8th day of February, 2022.
Approved as to form: Approved as to content:
_______________________________ _______________________________
James R. True, City Attorney Torre, Mayor
Attest:
_________________________
Nicole Henning, City Clerk
42
City of Aspen Exhibit A - 2021 Annual Allotments
Growth Management Quota System - Annual Allotments
2021 Free-Market Residential Allotments Commercial
(square feet
net leasable)
Lodge
(pillows)
Affordable
Housing
Units*
Essential
Public
Facilities
(square
feet)*
Ordinance/ ResolutionJan. 2021 thru Dec. 2021
Annual Allotment 18 33,300 112 N/A N/A
Carry-Forward from previous year 0 0 0 N/A N/A
Total Available for Year 18 33,300 112 N/A N/A
LAND USE CASES
1020 E. Cooper Avenue 4 HPC Reso #15, Series 2021
100 Puppy Smith Street (ACES)866 Ordinance #16, Series 2021
355 S. Monarch (Limelight)4 P&Z Reso #5, Series 2021
Remaining Allotments 18 33,300 108 N/A N/A
Source: City of Aspen Community Development Department
* Note: Affordable Housing Units and Essential Public Facilities are tracked, but are not subject to code prescribed allotment caps.
43
Exhibit B
Growth Management Carry Forward Criteria
26.470.120.B, Yearly Allotment Carry-Forward Procedure:
“The City Council may carry forward any portion of the previous year's unused allotment,
including all or none. The City Council shall consider the following criteria in determining
the allotments to be carried forward:”
1. The community's growth rate over the preceding five-year period.
Staff Response: The development counted against Growth Management
allotments has remained fairly consistent over the past few years, though very
far below the caps anticipated to generate a 2% growth rate (see Exhibit C.)
With the 2015-2016 land use moratorium, there was a slight decrease in the
number of applications for commercial projects. In 2017, there were a number
of affordable housing projects applied for and approved. Though not subject
to a cap, Essential Public Facilities have been the largest area of expansion
in the past five years, including approvals for St. Mary’s Church, New City
Hall, Aspen Institute, and ACEs.
City Council has chosen to not roll over leftover allotments from one year to
the next since 2014. Staff finds the number of yearly allotments available to
be more than sufficient for the current rate of requests and approvals. In fact,
staff and Council have discussed the ineffectiveness of the system in tracking
growth and are engaged in revisions.
2. The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts and community character.
Staff Response: Prior to the approval of growth management allotments by
Council, P&Z or HPC, staff is required to review the availability of public
infrastructure and scale of the development proposed. A construction
management plan is created and implemented for each project that is
approved. Based on current data, staff believes there is adequate
infrastructure to accommodate new development within the code-prescribed
limits.
3. The expected impact from approved developments that have obtained allotments, but
that have not yet been built.
Staff Response: The commercial net leasable space for Lift One Lodge was
accounted for in 2015, and the project was amended in 2018 to include an
additional free-market residential allotment, 20 lodge pillows and 1 affordable
housing unit, all of which were accounted for in 2018. Given the number of
projects in the pipeline, including Lift One Lodge, Gorsuch Haus, as well as
Hotel Aspen, Molly Gibson, Aspen Club, and City Affordable Housing
Projects, and the fact that the annual allotments are typically being
44
Exhibit B
Growth Management Carry Forward Criteria
underutilized, staff does not recommend rolling over any unused 2021 Growth
Management allotments.
45
Exhibit C
Growth over 5-10 years
Year F M Residential
units
Commercial
square feet
Lodging
Pillows
Affordable Housing
U nits
Essential Public Facility
s quare feet
GMQS Allotments allowed per year *established in 2008
18 33,300 112 No limit No limit
Utilized GMQS Allotments
2017 0 2 31 9 6 60 9,194
2018 1 4,471 20 9 13,000
2019 1 4,779 0 0 5,372
2020 2 3,056 0 7 8,319
2021 0 0 4 4 866
Total GMQS A llotments and Percentage U tilized 2017 -2021
4
of
108
3.7 %
12,537
of
199,800
6.3 %
114
of
672
17%
80
N/A
36,751
N/A
Year Aspen’s Population
(U.S. Census Bureau)
2010 6,658
2020 7,004
Total change
2010 -2020 +346/5.2%
Average Annual
Growth Rate 201 0 -
2020
+0.52%
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1
FOLLOW-UP MEMORANDUM
CITY COUNCIL WORK SESSION
MEETING DATE: April 26, 2021 (continued from 2/22/21)
FOLLOW-UP MEMO DATE: May 19, 2021
AGENDA TOPIC: Growth Management Quota System and
Affordable Housing
PRESENTED BY: Ben Anderson, Community Development
COUNCIL MEMBERS PRESENT: All five members were present.
_______________________________________________________________________
WORK SESSION DISCUSSION SUMMARY: Staff presented Council with information
related to GMQS, particularly the allotment system and affordable housing mitigation. Staff
presented the premise that aspects of the GMQS, with origins dating back to the mid-1970’s,
are no longer responding to the current development trends as designed in mitigating the
real and perceived impacts of growth.
1. Topic: Our current GMQS toolkit does not have the right tools to respond to the
trends driving Aspen’s current and future development trends.
Council majority consensus. Council agreed with this assertion.
2. Topic: Because affordable housing mitigation is so directly tied to the
development types identified within the GMQS allotment system, the provision of
affordable housing is not commensurate with real and perceived impacts of growth.
Council majority consensus. Council agreed with this assertion.
3. Topic: What should be the appropriate staff response to these issues?
Council majority consensus. Council agreed that the status quo was not an
acceptable condition moving forward and gave direction to staff to study further,
evaluate, and propose responses. Council also agreed that a range of responses
were possible:
• Targeted policy and code responses to specific development types.
• Modifying the current allotment system in response to these issues.
• Rethink direct tie between growth and affordable housing mitigation.
• A full re-evaluation of GMQS as it relates to current and future “growth”
trends.
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2
NEXT STEPS: Council and staff agreed that this is an expansive set of topics and that it
is important to prioritize and be as specific as possible in directing our efforts and proposed
responses. Council offered support for additional staffing and financial resources needed
to complete this work in addition to ComDev’s existing work plan and services.
1. Summer 2021
• Proposed changes to single family and duplex redevelopment AH mitigation
requirements.
• Proposed changes to inclusion of subgrade areas for residential AH
mitigation requirements.
• Continued policy discussion related to Multi-family Replacement
requirements in the GMQS.
Staff requests a Work Session with Council in July 2021 to provide an update on
staff findings related to Single Family residential mitigation and multi-family
replacement policies.
2. Early Fall 2021
• Evaluation of opportunities within Part 700 (Zone Districts) of the LUC for
AH opportunities and in pursuit of other community goals.
• Discussions with Council about desire to update AACP in 2022 and the role
of the AACP in shaping GMQS response.
• Evaluation of short-term rentals in relationship to GMQS concerns and AH
mitigation requirements.
• Continued evaluation of AH Credits program in relationship to overall
GMQS/AH mitigation conversation – and for opportunities for continued
improvements to the program.
• Following discussions with interested stakeholders and further staff
evaluation, proposed policy response strategies to GMQS issues discussed
above.
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1
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 11, 2022
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow in attendance via WebEx.
SCHEDULED PUBLIC APPEARANCES:
Mayor Torre introduced the swearing in of officer Sarah Freihon. Police Chief Bill Linn introduced Ms.
Freihon and said she is from southern California originally and started as an intern for the Aspen Police
Department in 2019 and has now joined our ranks as a police officer. Mayor Torre proceeded to swear
her in.
PUBLIC COMMENT: None.
COUNCIL COMMENTS:
Councilor Doyle said an article in the New York Times talked about 2021 being Earth’s 5
th hottest year on
record. He is pleased to be a part of this council that can help educate our general public that there are
things we can do.
Councilor Richards wished everyone a happy new year. She spoke about Omnicron and is hoping the
surge will come and go quickly. Get boosted as it prevents the severity of the disease. There are
continuing to be economic struggles for members of our community because of the pandemic. The Food
Banks are accepting donations. She is hoping for the best in 2022.
Councilor Hauenstein is hoping that 2022 is the year we can drive the wooden stake through COVID 19.
He spoke about the ideals of the Community Plan and wishes all wellbeing and good health. In the
words of Hill Street Blues, “Be careful out there”.
Councilor Mesirow wished everyone a happy new year. He said 2021 has been very challenging and
scary in many ways. He revealed where our biggest opportunities are. We are rising up to the challenge
and excited for 2022.
Mayor Torre wished everyone a happy new year. Welcome back. He would like to nod towards mental
health awareness in the community. He mentioned Aspen Strong, Mind Springs, the crisis hotline Hope
Center 925-5858. It’s ok to not feel ok. Reach out. The 75th anniversary is today for the Aspen Skiing
Company. There will be a ski parade with a small ceremony. He read a proclamation and made some
additional comments regarding sustainability. Congrats to ski co and all of Aspen. This Friday at the
Wheeler is Aspen History 101 put on by the Aspen Historical Society. It’s a wonderful show. Last thing is
that he received his booster shot today.
CITY MANAGER COMMENTS:
City Manager, Sarah Ott, mentioned an amendment to an emergency order. She asked that they don’t
get caught up in the language. We are taking a look at programming at the Wheeler for the remainder of
the month to make smart decisions. We are looking at going to a vaccination requirement or testing
requirement to use the golf simulator. Council had asked that staff move forward with a mental health
care campaign for launch during the winter high season. We are in final stages of preparation and there
is about $10,000 to purchase ad space and she would like to charge this to council’s budget.
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 11, 2022
Councilor Richards asked at what point would the 10,000 inhibit council’s travel for CML, etc. Ms. Ott
said council’s budget has a discretionary line item for things like this. She has asked Shannon to do a
recap of council’s 2021 travel budget and she will find out if this will require a supplemental. Ms.
Richards said she supports using the funds to move the mental health initiative forward.
Ms. Ott said Aspen Strong is trying to keep a calendar of events. The long-range calendar is full for
council. The affordable housing strategic update will be moved to February 8th.
Ms. Ott also noted that staff would be putting some work session items on the council agenda’s under
action items so the meetings are more evenly distributed.
BOARD REPORTS:
Councilor Richards said the housing board had its first meeting last week and they are continuing to
work through issues on seller’s standards and pilot programs.
Mayor Torre had CASTand spoke about modular construction in Colorado. He has the Board of Health
coming up and wants to get some opinions first. He has the Wheeler board also coming up.
CONSENT CALENDAR:
Councilor Hauenstein said he wants to comment on Resolution #003. It’s fantastic work by Tara Nelson.
And on #007, the tank needs to be drained every year and he’s curious if the water can be used to make
snow for the high school track.
Mayor Torre pulled #001.
Resolution #007, Series of 2022 – Highlands Water Tank Inspection, Design, Build, and Maintenance
Services. Tyler Christoff and Justin Foreman said the timing of the draining of the tank does not coincide
with Nordic skiing. We typically address this in the summertime.
Resolution #003, Series of 2022 – 2022 Regional State and Federal Policy Agenda. Councilor Hauenstein
said this is a wonderful work product and he wants to draw the public’s attention to this. It is available
on the city’s website. Councilor Mesirow asked Tara Nelson to screen share and show the document to
the public. Councilor Mesirow said this work is seen and it’s appreciated and really cool.
Councilor Richards motioned to approve the consent calendar.
Mayor Torre said thank you to Ms. Nelson, really great job.
Resolution #001, Series of 2022 – Designating the Public Place for Posting Notices of Public Meetings.
Mayor Torre said a member of the public has been asking about posting procedures. On this resolution
the website is the only requirement. Should we think about utilizing the newspapers again? We used to
post there. He wants to post a sheet of paper on the 3rd floor. Councilor Richardssupports posting it in a
physical location. She wants more information about publishing in the newspaper. She said there is a
question of which paper are you favoring and there are cost issues.
City Attorney, James R. True, said there are two issues. This resolution covers the legal requirements.
You can adopt as is and council can direct the clerk and other bodies to post physically at a location at
city hall through a window or other device. It’s up to council to do that. As for posting in the newspaper,
there were issues with costs and timing of being able to get it in there on time for publication.
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 11, 2022
Councilor Hauenstein said he is fine to post at the clerk’s office.
Councilor Richards motioned to approve the consent calendar as presented; Councilor Mesirow
seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion
carried.
ACTION ITEMS:
Update to Emergency Administrative Order 01-21 – Lisa Rigsby Peterson – She said they will now
require a same day negative test or a vaccination card, and we do have the mask requirement. The cost
for same day testing is $25.00 a person. They can also limit how many people they let in for each
performance. With these changes, we can continue to stay open. It’s good for the community.
Councilor Richards thanked Lisa. She supports the requests, and she would like to see us be a
vaccination only entry. More and more places are doing this.
Ms. Ott said there is draft motion language in the memo.
Mayor Torre motioned to update the safety measures at the Wheeler to require a proof of vaccination
or negative covid test; Councilor Doyle seconded.
Councilor Mesirow is supportive of this but is concerned about the cost of a same day test. If those
aren’t available, what happens and is that fair.
Councilor Mesirow requested a five-minute break and they reconvened at 6:20 p.m.
Moratorium – Council Goals and Priorities – Phillip Supino and Ben Anderson presented.
Council continued to have a robust conversation in order to arrive at an agreement on problem
statements, identification of goals and priorities and consensus on what will define a successful
outcome to Ordinance #27, Series of 2021.
Councilor Richards motioned 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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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 25, 2022
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein
Mesirow and Richards joining via WebEx.
CITIZEN COMMENTS:
Robert Fryklund – Mr. Fryklund said he lives at 795 Cemetery Lane and that he needs guidance regarding
equal protection to taxpayers to access city facilities and more specifically, the golf course. He’s been a
member of this community since the late 90’s. This year, the qualifications and rules have changed for
the golf course because he doesn’t have a CO drivers license. He would like suggestions on how he can
be put on the “locals list” and gain equal status and rights as a taxpayer.
Mayor Torre asked him to send an email with his information and they will take it from there.
Andrea Bryan – Ms. Bryan said her comments are directed to the Board of Health and Pitkin County, but
she is speaking tonight at council because they are leaders of our community. She wants a return to
normal. She noted that people are shoulder to shoulder in packed bars and restaurants, but their
children are stuck 2020 still masked non-stop. The restrictions on the kids don’t make sense anymore.
Morgan Warth – Ms. Warth said she’s a mental health therapist in the valley. She said the Hope Center
reported a 130% increase in crisis evaluations for kids eleven and under. This is pretty severe. There has
been a 64% increase for adolescents 12-18, and a 28% increase for adults. These are staggering
statistics, and our families are in crisis. There are speech delays in kids due to masks. She’s suggesting a
risk benefit analysis be done.
Anna Zane – Ms. Zane thanked city council for this public forum. She said she’s a mom and she’s calling
for these mask restrictions to end for their children. We must now deescalate the fear culture. Day in
and out our children are the ones who bear the burden of these restrictions. The children are depressed
and scared and continuing to be expected to be resilient. Our children are not ok, and we need a return
to normal. She gave some personal anecdotes. We need your help and feel like we have no where else
to turn.
Jill Edinger – Ms. Edinger said she now lives in Garfield County, and she is here because many other
parents are too scared to speak out. She has a lot of grit and stamina, but she is at her breaking point as
a parent. She’s falling apart at the seams because of the pressure of all the COVID policies. She
constantly has a child home since October because of constant quarantines. The kids feel the stress and
she is feeling despair. This isn’t sustainable and we are going to have a huge mental health crisis so
please consider reasonable policy changes.
Summer Berg – Ms. Berg is also a parent and echoes what other people have said. Government needs to
start being more flexible now. It’s time for the tables to turn and let families make the best decisions for
themselves. It is affecting all of our kids. She’s asking that they start to back off the stringent policies and
put the matters back into families’ hands.
Julia Russo – Ms. Russo is a parent and back in August, she wrote a petition asking for the mask mandate
be amended to be optional for children. Now she’s taking her child down valley for daycare because he
doesn’t have to wear a mask. She said it’s best to let the parents decide what is best for their children at
this point.
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 25, 2022
Alyssa Schmitz – Ms. Schmitz is a mom of three kids. Her kids have been in and out of school due to
COVID restrictions that don’t seem to follow logic. She said she knows that council is doing all they can
to protect the community. She said to consider the impacts that the continued restrictions are having on
children and on the parents. It’s time to get back to normal.
Allison Mengelsen – Ms. Mengelsen said she is a mother of four and a resident of Pitkin County. Now
that we are coming down from the new variant, the masks are unnecessary in the preschool and
elementary classrooms. Our kids are damaged from not seeing smiles or emotions from their friends or
teachers. There are a lot of kids testing for speech errors and are having trouble producing sounds and
letters which also affects their reading development.
Kristen Strope – Ms. Strope said she’s in favor of removing the masks in the schools. She has two kids,
and they live in Eagle County. Her kid got COVID from her. He’s taught in school that he needs to wear
this mask because he’s spreading this deadly disease. The vaccine isn’t helping, and we need to stop the
fear tactic.
Anna Mari – Ms. Mari lives in Aspen, and she’s known as Auntie Anna. She has seen that kids are acting
out and behaving badly and biting teachers. The teachers have become enforcers and they do not want
to be punishing these kids for not wearing masks. They are having to be the police. She has seen
changes for the worse with these kids since the pandemic started. The kids are having anxiety at school
now and it didn’t used to be that way. We, as adults, shouldn’t be playing or having fun if we are still
enforcing the rules with our kids.
Julia DeBacker –Ms. DeBacker said she is a mother of six in Aspen. It’s been beyond tough. She just
wants them to remember their first time in Aspen and the wow, the beauty. For her kids, it’s not Aspen
anymore. Her kids aren’t happy. The kids just want to get back to their Aspen and have fun like they
used to. There’s been many studies of facial recognition in children and children who don’t have this,
have many more problems. She knows that city council can’t change these rules, but she knows their
voice is louder than hers.
Sean Sunkel – Mr. Sunkel said he appreciates council’s influence. He said he’s confused by people being
able to walk into a restaurant and take their mask off once seated, but their children not being able to
walk into their classroom and remove their mask. He works for a doctor who said these masks are a
joke.
Kelly McNicholas Kury – Ms. Kury said it has been a really hard couple of works. She has two kids and
there has been a lot of stress with having even stricter measures recently. She’s not here to advocate for
any mask relief in the schools because she believes the masks have been an effective tool. There is
another voice out there. She understands the burden that has been put on families and there’s so much
more we could be doing together to support families to reduce the stress.
Mike Jenkins – He lives in El Jebel and had a senior at Basalt High School this past year. He said the cloth
masks are not effective and that was a fact put out by the CDC. The omicron variant is like a cold for
most people. Many other cities are dropping their health orders and consider the science on both sides
of the argument. He said he no longer comes up to Aspen because of the mask mandates.
Anna Mari noted that Felicia Aldrich is very much against this also, but is having trouble unmuting
herself.
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 25, 2022
Carrie Downs – Ms. Downs said she lives in Carbondale, and she has had a lot of anxiety as a mom. She’s
considering home school next year. She knows the administration at schools is working very hard. She
has a three-year-old who has been masked for 90% of her schooling. Her own research is showing these
masks are not that beneficial. The kids need to see and speak to each other. She’s not an anti-vaxxer,
but she doesn’t feel this is the childhood her children deserve. It’s gotten to a point that is not
sustainable.
Councilor Richards said takes these concerns and issues very seriously. She appreciates the opportunity
to hear this, but she’s concerned about how this meeting was set up. She is wondering if the school
board was invited to this meeting. Our agenda doesn’t say that city council is having a hearing on this
subject. She doesn’t like a one-sided hearing. She said we aren’t hearing from parents who have
immune compromised issues, etc. It doesn’t seem right that the school board wasn’t invited to this, but
she doesn’t have balancing information from anyone who has a stake in this argument.
Mayor Torre said this is public comment, not a hearing.
Councilor Mesirow thanked everyone for coming and speaking. He is of the age that most of his friends
have small kids, and he finds this tremendously valuable. He’s never had to leave public comment
before because he is crying. This whole council is committed to understanding this fully and it’s time for
us to be human again.
COUNCIL MEMBER COMMENTS:
Councilor Doyle said he doesn’t have any bad news about the environment currently.
Councilor Hauenstein said he shares sentiments with everyone who spoke. He said he wishes we could
all vote here right now to end the pandemic. We don’t have control over the public health orders. He
sympathizes and empathizes with all. You do the best you can with the information you have. We’re all
over it, but it’s not done with us. He said he has seen several pedestrians that have gotten hit on the
streets recently. Be careful out there.
Mayor Torre said Ward was referring to a member of our community who was hit skiing and is currently
waiting for surgery but can’t schedule it due to COVID patients. Our thoughts and prayers go out to her.
Councilor Richards said she was on the CML caucus call today. We should keep an eye on a measure
being introduced to reduce the number of members of the state transportation commission by one and
realign with congressional districts, which means the rural areas of Colorado would only get one
commissioner. She also agrees with Skippy and Ward that the concerns for public safety run the full 360
gamut. It’s not been easy, and we’ve had to make hard decisions. She has sympathy for all of the
parents and the challenges they are facing. We all need a little more empathy with people because we
are all still in the same boat. Percentages are deceptive.
Councilor Doyle said he has a child in the public school system, and she has to wear a mask at school and
while doing activity. It is a difficult situation, but it’s about everyone’s children. He was in a popular
place of business, and he noticed one person in his area who wasn’t wearing a mask and was chatting up
the help and he asked why they didn’t say anything and said they’ve been asked not to. Their employer
doesn’t have their back on the issue. We are all tired of masks, but unfortunately, we don’t have that
power.
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 25, 2022
Councilor Hauenstein said chicken pox parties were one thing, but COVID parties are another and
people are dying.
Councilor Mesirow said that situations change and when they change, requirements change. It’s
appropriate now to look at the impacts of our interventions. It’s been really tough for everyone.
Mayor Torre said he represents us and utilizes council as a team. We recently had our hockey teams
asking us for the same considerations and the recommendation was to not to do any mask removals at
this time, but if vaccinated, they can demask on ice. This is a Board of Health topic so he will be having
conversations with council about how they would like to be represented. If we want to meet again with
the Board of Health at a work session, he is happy to facilitate that.
AGENDA AMENDMENTS:
Councilor Richards requested adding an action item to discuss the request she had made to make a
small donation to the emergency fire relief in Boulder / Superior area.
CITY MANAGER COMMENTS:
Ms. Foster said that City staff will be back to a normal schedule on January 31st. She thanked the staff
who have worked over the past month to keep offices open and available to the public. She mentioned
that the February 1st meeting will be fully virtual. Staff is working towards having the February 7th and 8th
meeting in Council chambers.
CONSENT CALENDAR: Resolution #009 and Resolution #013, Series of 2022 –Red Mountain Waterline
Improvements Construction Contract.
Councilor Richards motioned to approve the consent calendar; Councilor Hauenstein seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
FIRST READINGS OF ORDINANCES: Ordinance #001, Series of 2022 – Liquor & Marijuana Code
Amendments
Councilor Richards motioned for first reading of the Ordinance. Councilor Hauenstein seconded.
Roll Call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
The Deputy City Clerk read the Ordinance.
Mr. True said the changes recommended in Ordinance #001 are the result of recommendation of the
Local Licensing Authority pursuant to their Resolution #1. Their primary concern is related to the
limitations on who can apply to the Licensing Authority reflected in section 1 of the Ordinance. Section 2
& 3 address inconsistencies between provisions that address marijuana licensing and alcohol licensing.
He said he talked with a local attorney regarding some issues she had with language, including
differences in the terms used to describe the length of alcohol licensing and marijuana licensing. Section
4 & 5 address other inconsistencies.
Councilor Hauenstein asked if a renewal of a license is an administrative with an appeal to the LLA. Mr.
True said there is not an appeal to the LLA. He said they are trying to make the review of renewals
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 25, 2022
consistent between alcohol and marijuana renewals. Councilor Hauenstein asked if a license follows a
business in a specific location. Mr. True said the license follows the business, but if there is a change in
ownership or a change in location it must be approved by the LLA. Councilor Hauenstein said that this is
the type of feedback and involvement that they are looking for from commissions and boards.
Councilor Doyle said these seem like some commonsense fixes.
Councilor Richards motioned to approve Ordinance #001 on First Reading. Councilor Doyle seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS:
Resolution #014, Series of 2022 – Aspen Mini Storage Annexation Petition
Ben Anderson, Planner with Community Development
Mr. Anderson said what is before council is an initial step in the entitlement process for the Lumberyard
project. He said there will be three additional meeting with city council as we move toward the
annexation and zoning of the Aspen Mini Storage property. He then described the four steps in the
amendment process, including two steps that will provide the public the ability to make comments. This
process is identical to the process followed 11 or 12 years ago when the city annexed the Lumberyard
property itself. He stated that Resolution #014 mostly goes to show compliance with Colorado statute
requirements. It also a authorizes the initiation of the Land Use processes to annex and zone the
property.
Councilor Richards asked if annexation is subject to referendum. Mr. True said that that was a relatively
controversial question. He said he has had some conversations with other City attorneys, and they
generally believe that it is.
Councilor Hauenstein moved to adopt Resolution #014. Councilor Mesirow seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0. Motion carried.
Emergency Fire Relief Funding Discussion
Councilor Richards referenced the magnitude of the fire in Louisville and Superior earlier this month. She
talked about other examples of mutual aid that occurred between municipalities during specific
disasters. She thought that a token, like a $3000 contribution to the relief funds would be a good human
gesture from the City.
Councilor Mesirow thanked Councilor Richards for bringing this idea to Council. He wants to support
Council in this. He said he first questioned if they were only doing this because it was a similar
community, but after hearing her examples of Weld and Granby he said it was really about
neighborliness, regardless of political beliefs or wealth.
Councilor Hauenstein did not know if $3000 would not do anything and thought maybe some type of art
or sculpture could be commissioned to commemorate it.
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6
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 25, 2022
Councilor Doyle thought this was an awesome opportunity. He thought the amount could be a bit bigger
and suggested $5000. In regard to Councilor Hauenstein’s idea of art, he thought that it should be up to
the community to decide how the money is spent.
Mayor Torre believed in this situation, every penny counts. He wanted to get the word out that the City
of Aspen is looking to do this and see if there were any other members of the community that would like
to participate. He said he was still wondering about the “where” and was interested in the distribution
of different funds that have been created.
Councilor Mesirow suggested that after it was determined where the best place to donate the money,
to potentially create a Go Fund Me page to combine the City’s donation with community member
donations.
Mayor Torre again thanked Councilor Richards for bringing this up and said that it speaks volumes to
where their heart is.
Councilor Mesirow motioned to adjourn; Councilor Richards seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
____________________
Mike Sear, Deputy City Clerk
57
MEMORANDUM
TO:MAYOR and COUNCIL MEMBERS
FROM:JAMES R. TRUE
MEETING DATE:February 8, 2022
RE:Ordinance #1 (Series of 2022)/Liquor and Marijuana Code Amendments
════════════════════════════════════════════════════════
REQUEST OF COUNCIL:
The Local Licensing Authority (LLA), pursuant to Resolution #1 (Series of 2021), has recommended
that Council adopt certain amendments to Title 5 of the Aspen Municipal Code regarding Alcoholic
Beverages and Marijuana.
DISCUSSION:
This item is before Council to consider the adoption on second reading Ordinance #1 (Series of 2022),
which Ordinance would amend various provision of the Aspen Municipal Code regarding Alcoholic
Beverages and Marijuana. Based on comments made at 1st reading and comments from the public,
there are some minor revisions to the Ordinance. Those revisions are set forth below in red. The
revisions are included in the attached Ordinance. The first change is simply to make the alcohol and
marijuana provisions of the length of a license read the same. One said one year the other said twelve
months. They now both read twelve months. The other change appears more substantive, changing
“shall” to “may”. However, the “shall” was carried over from the previous language and is actually
inconsistent with the discretion given to the Clerk and the LLA in following paragraphs. Since the
following paragraphs express the intent of the LLA, I believe that this is an appropriate change at this
time, without the need to consider this further.
As noted at 1st reading, based on discussions and positions expressed by various members of the LLA
over the years, staff prepared a resolution to submit to City Council recommending that it consider
certain code amendments to Title 5, of the Aspen Municipal Code. Resolution #1 (Series of 2021) is
attached. The specific Code changes are outlined below, addressing the sections of the Ordinance.
58
2
Section 1: Amendment regarding qualification for the LLA:
Although the LLA is currently fully constituted, with five regular members and one alternate, there
have been times in which it has been difficult to find applicants. It has been expressed that part of the
difficulty has been disqualification of individuals who work in the industry but are not part of
ownership of any licensed entity. This proposed amendment allows for the appointment of an
individual in the industry, if theindividual does not have an ownership interest in the business.
The recommended amendment to Section 5.04.040(a)(3) of the City of Aspen Liquor code is the
addition of the following at the end such paragraph:
“Financial interest” as used in this paragraph (a)(3) shall not include employees of any
licensed restaurant, bar, or marijuana facility, if the employee has no ownership
interest in the business. Notwithstanding this definition, such appointed member of
the Authority shall be disqualified from consideration of any action regarding his or
her employer.
Sections 2 and 3: Amendments regarding term, inordinate closures, loss of possession and renewals:
LLA members expressed concerns regarding a number of these issues. For instance, questions arose
regarding a circumstance in which a Licensee lost possession of premises but the License itself
remained valid. The LLA also considered circumstances in which there have been lengthy closures
of businesses, with the license remaining valid. In addition, questions were raised regarding the
LLA’s authority to consider and deny a renewal of alcohol licenses. The proposed language addresses
loss of possession and inordinate closures and gives the LLA the ability to deny the renewal of an
alcohol license “for good cause,” which is consistent with the language within the marijuana code.
The LLA considered these issues, which are addressed in different sections of the code for alcohol
and marijuana and recommended the amendments set forth below. Chapter 5.04 addresses alcohol,
which Chapter 5.16 addresses marijuana.
The proposed amendments are as follows:
Sec. 5.04.080. - Term and renewal of licenses, is amended to read as follows:
(a) The term of the City license issued under this Chapter is twelve (12) months from
the date of issuance.
(b) Applicants for State and City license renewal shall apply to the City Clerk on or
before the forty-fifth day prior to the date of expiration of the license.
(c) Upon receipt of a completed application for a license renewal, the City Clerk shall
refer the application to the following City departments: Environmental Health
Department, City Utility Department, City Police Department and the Aspen Fire
Protection District. If the referral comments received by the City Clerk do not
adversely reflect upon the applicant's license, the City Clerk may shall approve the
renewal application forthwith. The City Clerk shall notify the authority of all such
applications for renewals on the first of each month.
59
3
(d) If for any reason the City Clerk decides not to approve a renewal application, he
or she shall place the matter on the agenda of the next regularly scheduled meeting of
the Aspen Local Licensing Authority at which time the authority shall grant the
renewal, order further staff investigation or order a hearing in accordance with state
law. The Local Licensing Authority may refuse to renew a license for good cause.
(e) Notwithstanding the provisions of subparagraph (a), above, a licensee must
maintain possession of leased premises at all times that a license is active. If the
Licensee loses possession of leased premises prior to the end of the license term,
whether through termination, abandonment or any other reason, the license shall be
deemed immediately suspended and all operations of the Licensee pursuant to the
license shall immediately cease. The Licensee may request that the suspension be
lifted pursuant to an application for change of location, pursuant to Section 5.04.120,
or transfer of ownership, pursuant to Section 5.04.130, below. The application to lift
the suspension for a change of location or transfer of ownership may be submitted at
any time during the remainder of the License term. The Licensee may also apply to
lift the suspension upon a showing that the Licensee has regained possession of the
premises.
(f) The license of any Licensee who has ceased operations for a period of in excess of
six (6) months shall be suspended. Such suspension may be lifted by the LLA for
good cause shown to the LLA pursuant to an application for relief. Good cause shall
include any closure pursuant to a general public health order. However, a closure of
a business for violation of a duly issued public health order shall not be deemed good
cause. In the event that a Licensee is aware of an upcoming closure for longer than
six months for construction, remodeling, maintenance or other purpose, the Licensee
may provide the LLA with notice of such closure with a statement of anticipated
reopening date. If closure is based on activity that requires the receipt of a Certificate
of Occupancy (CO) prior to reopening, then no suspension will occur if the business
is open within thirty (30) days of issuance of the CO. For any other reason of closure,
no suspension will occur pursuant to this Section if the business is reopened within
thirty (30) days of the anticipated reopening date, unless such time is extended by the
LLA. If any business is closed for a period of three months immediately prior to the
renewal date of such license, such license renewal shall be reviewed by the LLA,
pursuant to subparagraph (d), above.
Sec. 5.16.090. - Term and renewal of licenses. is amended to read as follows:
a) Each license issued pursuant to this Chapter shall be valid for twelve (12) months
one (1) year from the date of issuance, and may be renewed as provided in the
applicable code, the applicable administrative regulations, and this Chapter, provided,
however, that a license shall not be renewed if the Local Licensing Authority
determines that the licensed premises have been inactive, without good cause, for at
least six (6) consecutive months.
(b) Upon receipt of a completed application for a license renewal, the City Clerk shall
refer the application to the following City departments: Environmental Health
Department, City Utility Department, City Police Department and the Aspen Fire
Protection District. If the referral comments received by the City Clerk do not
60
4
adversely reflect upon the applicant's license, the City Clerk may shall approve the
renewal application forthwith. The City Clerk shall notify the authority of all
applications for renewals on the first of each month.
(c) The Local Licensing Authority may refuse to renew a license for good cause.
(d) No license shall be renewed by the Local Licensing Authority until the licensee
provides verification that the license has been renewed by the State Licensing
Authority.
(e) Notwithstanding anything contained in this Chapter to the contrary, a licensee has
no vested right to the renewal of a license, and no property right in the renewal of a
license.
(f) Notwithstanding the provisions of subparagraph (a), above, a licensee must
maintain possession of leased premises at all times that a license is active. If the
Licensee loses possession of leased premises prior to the end of the license term,
whether through termination, abandonment or any other reason, the license shall be
deemed immediately suspended and all operations of the Licensee pursuant to the
license shall immediately cease. The Licensee may request that the suspension be
lifted pursuant to an application for change of location, pursuant to Section 5.16.100,
or transfer of ownership, pursuant to Section 5.16.120, below. The application to lift
the suspension for a change of location or transfer of ownership may be submitted at
any time during the remainder of the License term. The Licensee may also apply to
lift the suspension upon a showing that the Licensee has regained possession of the
premises.
(g)The license of any Licensee who has ceased operations for a period of in excess of
six (6) months shall be suspended. Such suspension may be lifted by the LLA for
good cause shown to the LLA pursuant to an application for relief. Good cause shall
include any closure pursuant to a general public health order. However, a closure of
a business for violation of a duly issued public health order shall not be deemed good
cause. In the event that a Licensee is aware of an upcoming closure for longer than
six months for construction, remodeling, maintenance or other purpose, the Licensee
may provide the LLA with notice of such closure with a statement of anticipated
reopening date. If closure is based on activity that requires the receipt of a Certificate
of Occupancy (CO) prior to reopening, then the no suspension will occur if the
business is open within thirty (30) days of issuance of the CO. For any other reason
for closure, no suspension will occur pursuant to this Section if the business is
reopened within thirty (30) days of the anticipated reopening date, unless such time is
extended by the LLA. If any business is closed for a period of three months
immediately prior to the renewal date of such license, such license renewal shall be
reviewed by the LLA.
Sections 4 and 5. Procedural amendments
Although these amendments are not addressed in Resolution #1, staff felt that two non-substantive
changes should be adopted pursuant to Ordinance #1. The first is simply an update of the heading for
Chapter 5.04 which currently reads “Chapter 5.04 - Beer and Wine Licensing.” This is proposed
to be amended to read “Chapter 5.04 - Alcoholic Beverages.”
61
5
The other amendment concerns the reorganization of state code adopted in 2018. The Colorado
Liquor Code was part Title 12 of the Colorado Revised Statute for many years, including during the
time that the City created a separate licensing authority. Section 5.04.010 expresses the legislative
intent of our code to adopt and follow state codes and Sections 5.04.020 and 5.04.030, incorporate
C.R.S. Title 12, as amended, into our local code. Since Title 12 was amended and incorporated into
C.R.S. Title 44, for clarity staff recommends that all references in our code to Title 12 be deemed
references to Title 44.
FINANCIAL/BUDGET IMPACTS: None
ENVIRONMENTAL IMPACTS: None
RECOMMENDATION:
The LLA and staff recommend adoption of Ordinance #1 (Series of 2022), as amended.
62
ORDINANCE NO. 1
(Series of 2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 5 OF THE ASPEN MUNICIPAL CODE,
MARIJUANA AND ALCOHOLIC BEVERAGES.
WHEREAS,Title 5, of the Aspen Municipal Code sets forth the City’s regulations of
Marijuana and Alcoholic Beverages as authorized pursuant to the State of Colorado Codes,
formerly Title 12, C.R.S., currently Title 44, C.R.S.; and
WHEREAS, the Local Licensing Authority reviews the local and state laws in order to
accomplish the directions and authority provide to it pursuant to those laws; and
WHEREAS, pursuant to Resolution #1, Series of 2021, the Local Licensing Authori-
ty determined that it would be in the best interest of the City of Aspen, if certain laws un-
der which it works would be amended to address issues that the Local Licensing Authority
has faced in recent years; therefore, it is recommending that the Council adopt the lan-
guage set forth in Sections 1 through 3, below; and,
WHEREAS,given the proposed amendments to Title 5 pursuant to Resolution #1,
staff recommends two changes to the code to provide additional clarity given updates to
the Colorado Revised Statutes in 2018, as set forth in Sections 4 and 5, below.
WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
Section 5.04.040(a)(3) of the City of Aspen Liquor code is hereby amended by adding the
following at the end such paragraph:
“Financial interest” as used in this paragraph (a)(3) shall not include em-
ployees of any licensed restaurant, bar, or marijuana facility, if the employ-
ee has no ownership interest in the business. Notwithstanding this defini-
tion, such appointed member of the Authority shall be disqualified from
consideration of any action regarding his or her employer.
Section 2.
Sec. 5.04.080. - Term and renewal of licenses, is amended to read as follows:
63
(a) The term of the City license issued under this Chapter is twelve (12)
months from the date of issuance.
(b) Applicants for State and City license renewal shall apply to the City
Clerk on or before the forty-fifth day prior to the date of expiration of the
license.
(c) Upon receipt of a completed application for a license renewal, the City
Clerk shall refer the application to the following City departments:
Environmental Health Department, City Utility Department, City Police
Department and the Aspen Fire Protection District. If the referral comments
received by the City Clerk do not adversely reflect upon the applicant's
license, the City Clerk may approve the renewal application forthwith. The
City Clerk shall notify the authority of all such applications for renewals on
the first of each month.
(d) If for any reason the City Clerk decides not to approve a renewal appli-
cation, he or she shall place the matter on the agenda of the next regularly
scheduled meeting of the Aspen Local Licensing Authority at which time
the authority shall grant the renewal, order further staff investigation or or-
der a hearing in accordance with state law. The Local Licensing Authority
may refuse to renew a license for good cause.
(e) Notwithstanding the provisions of subparagraph (a), above, a licensee
must maintain possession of leased premises at all times that a license is ac-
tive. If the Licensee loses possession of leased premises prior to the end of
the license term, whether through termination, abandonment or any other
reason, the license shall be deemed immediately suspended and all opera-
tions of the Licensee pursuant to the license shall immediately cease. The
Licensee may request that the suspension be lifted pursuant to an applica-
tion for change of location, pursuant to Section 5.04.120, or transfer of
ownership, pursuant to Section 5.04.130, below. The application to lift the
suspension for a change of location or transfer of ownership may be submit-
ted at any time during the remainder of the License term. The Licensee
may also apply to lift the suspension upon a showing that the Licensee has
regained possession of the premises.
(f) The license of any Licensee who has ceased operations for a period of in
excess of six (6) months shall be suspended. Such suspension may be lifted
by the LLA for good cause shown to the LLA pursuant to an application for
relief. Good cause shall include any closure pursuant to a general public
health order. However, a closure of a business for violation of a duly is-
sued public health order shall not be deemed good cause. In the event that a
Licensee is aware of an upcoming closure for longer than six months for
construction, remodeling, maintenance or other purpose, the Licensee may
provide the LLA with notice of such closure with a statement of anticipated
reopening date. If closure is based on activity that requires the receipt of a
Certificate of Occupancy (CO) prior to reopening, then no suspension will
occur if the business is open within thirty (30) days of issuance of the CO.
For any other reason of closure, no suspension will occur pursuant to this
Section if the business is reopened within thirty (30) days of the anticipated
64
reopening date, unless such time is extended by the LLA. If any business is
closed for a period of three months immediately prior to the renewal date of
such license, such license renewal shall be reviewed by the LLA, pursuant
to subparagraph (d), above.
Section 3.
Sec. 5.16.090. - Term and renewal of licenses. is amended to read as follows:
a) Each license issued pursuant to this Chapter shall be valid for twelve (12)
months from the date of issuance and may be renewed as provided in the
applicable code, the applicable administrative regulations, and this Chapter,
provided, however, that a license shall not be renewed if the Local Licens-
ing Authority determines that the licensed premises have been inactive,
without good cause, for at least six (6) consecutive months.
(b) Upon receipt of a completed application for a license renewal, the City
Clerk shall refer the application to the following City departments:
Environmental Health Department, City Utility Department, City Police
Department and the Aspen Fire Protection District. If the referral comments
received by the City Clerk do not adversely reflect upon the applicant's
license, the City Clerk may approve the renewal application forthwith. The
City Clerk shall notify the authority of all applications for renewals on the
first of each month.
(c) The Local Licensing Authority may refuse to renew a license for good
cause.
(d) No license shall be renewed by the Local Licensing Authority until the
licensee provides verification that the license has been renewed by the State
Licensing Authority.
(e) Notwithstanding anything contained in this Chapter to the contrary, a li-
censee has no vested right to the renewal of a license, and no property right
in the renewal of a license.
(f) Notwithstanding the provisions of subparagraph (a), above, a licensee
must maintain possession of leased premises at all times that a license is ac-
tive. If the Licensee loses possession of leased premises prior to the end of
the license term, whether through termination, abandonment or any other
reason, the license shall be deemed immediately suspended and all opera-
tions of the Licensee pursuant to the license shall immediately cease. The
Licensee may request that the suspension be lifted pursuant to an applica-
tion for change of location, pursuant to Section 5.16.100, or transfer of
ownership, pursuant to Section 5.16.120, below. The application to lift the
suspension for a change of location or transfer of ownership may be submit-
ted at any time during the remainder of the License term. The Licensee
may also apply to lift the suspension upon a showing that the Licensee has
regained possession of the premises.
(g)The license of any Licensee who has ceased operations for a period of in
excess of six (6) months shall be suspended. Such suspension may be lifted
65
by the LLA for good cause shown to the LLA pursuant to an application for
relief. Good cause shall include any closure pursuant to a general public
health order. However, a closure of a business for violation of a duly is-
sued public health order shall not be deemed good cause. In the event that a
Licensee is aware of an upcoming closure for longer than six months for
construction, remodeling, maintenance or other purpose, the Licensee may
provide the LLA with notice of such closure with a statement of anticipated
reopening date. If closure is based on activity that requires the receipt of a
Certificate of Occupancy (CO) prior to reopening, then the no suspension
will occur if the business is open within thirty (30) days of issuance of the
CO. For any other reason for closure, no suspension will occur pursuant to
this Section if the business is reopened within thirty (30) days of the antici-
pated reopening date, unless such time is extended by the LLA. If any
business is closed for a period of three months immediately prior to the re-
newal date of such license, such license renewal shall be reviewed by the
LLA.
Section 4:
The heading of Chapter 5.04 which currently reads “Chapter 5.04 - Beer and Wine Licens-
ing” is hereby amended to read “Chapter 5.04 - Alcoholic Beverages.”
Section 5:
Any and all references to “C.R.S. Title 12” throughout Title 5 of the Aspen Munic-
ipal Code are hereby deemed to refer to C.R.S. Title 44 and specific references
within Title 5 of the Aspen Municipal Code to state code sections within C.R.S.
Title 12 shall be deemed to refer to a corresponding code sections in C.R.S. Title
44.
Section 6: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 7.Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
66
Section 8. Effective Date.
This ordinance shall be effective thirty days after final adoption.
A public hearing on the ordinance shall be held on the 8th day of February 2022, in the City
Council Chambers, 427 Rio Grande Place, Aspen, Colorado and/or via Webex.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City
Council of the City of Aspen on the 25th day of January 2022.
_________________________
Torre, Mayor
ATTEST:
___________________________
Nicole Henning, City Clerk
FINALLY adopted, passed and approved this ___ day of February 2022.
_________________________
Torre, Mayor
ATTEST:
___________________________
Nicole Henning, City Clerk
Approved as to form:
_____________________
James R True, City Attorney
67
CITY OF ASPEN, COLORADO
LOCAL LICENSING AUTHORITY
RESOLUTION # 01
(Series of 2021)
A RESOLUTION OF THE LOCAL LICENSING AUTHORITY OF THE CITY OF ASPEN,
COLORADO, RECOMENDING TO THE ASPEN CITY COUNCIL CERTAIN
AMENDMENTS TO THE ASPEN MUNICIPAL CODE.
WHEREAS, the Local Licensing Authority is an authority duly established pursuant to the
Aspen Municipal Charter, Title 5 of the Aspen Municipal Code and C.R.S., Title 44; and
WHEREAS, the Local Licensing Authority reviews the local and state laws in order to
accomplish the directions and authority provide to it pursuant to those laws; and
WHEREAS, the Local Licensing Authority has determined that it would be in the best
interest of the City of Aspen, if certain laws under which it works would be amended to address
issues that the Local Licensing Authority has faced in recent years.
NOW, THEREFORE, BE IT RESOLVED BY THE LOCAL LICENSING
AUTHORITY OF THE CITY OF ASPEN, COLORADO,
That the following code amendments be adopted by City Council:
Section 1.
Section 5.04.040(a)(3) of the City of Aspen Liquor code is hereby amended by adding the
following at the end such paragraph:
“Financial interest” as used in this paragraph (a)(3) shall not include employees of
any licensed restaurant, bar, or marijuana facility, if the employee has no ownership
interest in the business. Notwithstanding this definition, such appointed member
of the Authority shall be disqualified from consideration of any action regarding
his or her employer.
Section 2.
Sec. 5.04.080. -Term and renewal of licenses, is amended to read as follows, with changes outlined
in red:
(a) The term of the City license issued under this Chapter is twelve (12) months
from the date of issuance.
(b) Applicants for State and City license renewal shall apply to the City Clerk on
or before the forty-fifth day prior to the date of expiration of the license.
(c) Upon receipt of a completed application for a license renewal, the City Clerk
shall refer the application to the following City departments: Environmental Health
68
Department, City Utility Department, City Police Department and the Aspen Fire
Protection District. If the referral comments received by the City Clerk do not
adversely reflect upon the applicant's license, the City Clerk shall approve the
renewal application forthwith. The City Clerk shall notify the authority of all such
applications for renewals on the first of each month.
(d) If for any reason the City Clerk decides not to approve a renewal application,
he or she shall place the matter on the agenda of the next regularly scheduled
meeting of the Aspen Local Licensing Authority at which time the authority shall
grant the renewal, order further staff investigation or order a hearing in
accordance with state law. The Local Licensing Authority may refuse to renew a
license for good cause.
(e) Notwithstanding the provisions of subparagraph (a), above, a licensee must
maintain possession of leased premises at all times that a license is active. If the
Licensee loses possession of leased premises prior to the end of the license term,
whether through termination, abandonment or any other reason, the license shall
be deemed immediately suspended and all operations of the Licensee pursuant to
the license shall immediately cease. The Licensee may request that the
suspension be lifted pursuant to an application for change of location, pursuant to
Section 5.04.120, or transfer of ownership, pursuant to Section 5.04.130, below.
The application to lift the suspension for a change of location or transfer of
ownership may be submitted at any time during the remainder of the License
term. The Licensee may also apply to lift the suspension upon a showing that the
Licensee has regained possession of the premises.
(f) The license of any Licensee who has ceased operations for a period of in excess
of six (6) months shall be suspended. Such suspension may be lifted by the LLA
for good cause shown to the LLA pursuant to an application for relief. Good cause
shall include any closure pursuant to a general public health order. However, a
closure of a business for violation of a duly issued public health order shall not be
deemed good cause. In the event that a Licensee is aware of an upcoming closure
for longer than six months for construction, remodeling, maintenance or other
purpose, the Licensee may provide the LLA with notice of such closure with a
statement of anticipated reopening date. If closure is based on activity that requires
the receipt of a Certificate of Occupancy (CO) prior to reopening, then no
suspension will occur if the business is open within thirty (30) days of issuance of
the CO. For any other reason of closure, no suspension will occur pursuant to this
Section if the business is reopened within thirty (30) days of the anticipated
reopening date, unless such time is extended by the LLA. If any business is closed
for a period of three months immediately prior to the renewal date of such license,
such license renewal shall be reviewed by the LLA, pursuant to subparagraph (d),
above.
Section 3.
Sec. 5.16.090. -Term and renewal of licenses. is amended to read as follows, with changes outlined
in red:
69
a) Each license issued pursuant to this Chapter shall be valid for one (1) year from
the date of issuance, and may be renewed as provided in the applicable code, the
applicable administrative regulations, and this Chapter, provided, however, that a
license shall not be renewed if the Local Licensing Authority determines that the
licensed premises have been inactive, without good cause, for at least six (6)
consecutive months.
(b) Upon receipt of a completed application for a license renewal, the City Clerk
shall refer the application to the following City departments: Environmental Health
Department, City Utility Department, City Police Department and the Aspen Fire
Protection District. If the referral comments received by the City Clerk do not
adversely reflect upon the applicant's license, the City Clerk shall approve the
renewal application forthwith. The City Clerk shall notify the authority of all
applications for renewals on the first of each month.
(c) The Local Licensing Authority may refuse to renew a license for good cause.
(d) No license shall be renewed by the Local Licensing Authority until the
licensee provides verification that the license has been renewed by the State
Licensing Authority.
(e) Notwithstanding anything contained in this Chapter to the contrary, a licensee
has no vested right to the renewal of a license, and no property right in the
renewal of a license.
(f) Notwithstanding the provisions of subparagraph (a), above, a licensee must
maintain possession of leased premises at all times that a license is active. If the
Licensee loses possession of leased premises prior to the end of the license term,
whether through termination, abandonment or any other reason, the license shall
be deemed immediately suspended and all operations of the Licensee pursuant to
the license shall immediately cease. The Licensee may request that the
suspension be lifted pursuant to an application for change of location, pursuant to
Section 5.16.100, or transfer of ownership, pursuant to Section 5.16.120, below.
The application to lift the suspension for a change of location or transfer of
ownership may be submitted at any time during the remainder of the License
term. The Licensee may also apply to lift the suspension upon a showing that the
Licensee has regained possession of the premises.
(g)The license of any Licensee who has ceased operations for a period of in
excess of six (6) months shall be suspended. Such suspension may be lifted by
the LLA for good cause shown to the LLA pursuant to an application for relief.
Good cause shall include any closure pursuant to a general public health order.
However, a closure of a business for violation of a duly issued public health order
shall not be deemed good cause. In the event that a Licensee is aware of an
upcoming closure for longer than six months for construction, remodeling,
maintenance or other purpose, the Licensee may provide the LLA with notice of
such closure with a statement of anticipated reopening date. If closure is based on
activity that requires the receipt of a Certificate of Occupancy (CO) prior to
reopening, then the no suspension will occur if the business is open within thirty
(30) days of issuance of the CO. For any other reason for closure, no suspension
will occur pursuant to this Section if the business is reopened within thirty (30)
70
days of the anticipated reopening date, unless such time is extended by the LLA.
If any business is closed for a period of three months immediately prior to the
renewal date of such license, such license renewal shall be reviewed by the LLA.
INTRODUCED, READ AND ADOPTED by the Local Licensing Authority of the City
of Aspen on the 7
th day of December 2021.
Bill Murphy, Chairman
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 Local Licensing Authority of the City of
Aspen, Colorado, at a meeting held on December 7, 2021.
Nicole Henning, City Clerk
71
AGENDA ITEM SUMMARY
COUNCIL MEETING DATE: February 8, 2022
AGENDA ITEM TITLE: EOTC 2022 Work Plan – Amendment 1
STAFF RESPONSIBLE: David Pesnichak, Transportation Administrator
ISSUE STATEMENT: Attached for review and approval is a proposed group of amendments to the
2022 EOTC Work Plan originally approved October 28, 2021. The proposed amendments to the 2022
Work Plan are a result of new information regarding the renovations of the Brush Creek Park and Ride
(FLAP Grant improvements).
The purpose of the Work Plan is to provide transparency in the work efforts proposed to advance the 2020
EOTC Strategic Plan and 2020 EOTC Comprehensive Valley Transportation Plan (CVTP).
BACKGROUND: The EOTC has many work items that need to be addressed in the coming years. In
order to ensure we are all moving in an agreed upon direction and that resources are best utilized, the
EOTC approved the 2022 Work Plan in October 2021. The creation of an annual Work Plan is a
requirement of the EOTC Strategic Plan.
This Plan is not intended to be all-inclusive and is anticipated to be updated as needed. As previously
noted, this group of amendments is proposed as a result of new information and staff changes that have
occurred since the adoption of the 2022 EOTC Work Plan in October 2021.
A redline of the proposed changes to the 2022 EOTC Work Plan is attached. As an overview and to
provide some background and description, the proposed amendments are as follows:
Project Proposed
Amendment
Description
Pursue EOTC
Budget Mitigation
Remove from
2022 Work
Plan
This effort has been completed and is recommended to be
removed from the 2022 Work Plan. In November and
December 2021, RFTA committed to assuming the full cost of
the No-Fare Aspen Snowmass Woody Creek transit service
beginning January 1, 2022. In addition, both EOTC and RFTA
staff have signed a Memorandum of Understanding (MOU)
documenting the events and rationale for RFTA assuming the
cost of the No-Fare service.
Brush Creek Park
and Ride: FLAP
Improvements –
Construction
Move from
2022 to 2023
Due to untenably high construction bids received in December
2021 (RFP process led by Federal Highway Administration, or
FHWA), this project is to be advertised again in late summer or
early fall 2022 for construction in 2023. Please see the attached
letter from John Knowles, Project Manager with the FHWA,
Attachment 1.
1 72
As the Committee members may recall, the construction
estimate for this project was about $5.6 million ($6.9 million
total project estimate with construction and design).
Two bids were received for summer 2022 construction as a
result of the construction advertisement led by FHWA which
closed on December 7, 2021. The two construction bids
received came in at about $12 million and $15 million.
As a result of these untenable bids, FHWA has decided to
cancel the two received bids and readvertise the project in late
summer or early fall of 2022 for summer 2023 construction.
This will result in a one-year construction delay.
The cause of these excessively high bids are believed to be a
combination of a shortage of labor, a shortage of materials and
equipment, a high demand for construction contractors, and
FHWA advertisement requirements that may be able to be
removed when this project is readvertised.
As the Committee members may recall, the EOTC financial
match for this project is identified in 2022 within the currently
adopted EOTC budget. Staff proposes to leave the budget as is
for now with any carry forward occurring as a part of the
regular EOTC budget process for 2023.
Brush Creek Park
and Ride:
Recommendation
on Long-Term
Parking Plan
(Parking over 24
hours)
Move from
2022 to 2023
Due to delays in the FLAP Grant Improvements construction
from 2022 to 2023, this effort is proposed to be moved from
2022 to 2023. It was originally planned that a long term
parking plan would be developed in 2022 and implemented in
2023 following construction of the FLAP Grant Improvements.
Since the FLAP Grant Improvements are now delayed until
2023, the earliest implementation of a long term parking plan
can occur is 2024.
In order to take advantage of the additional time afforded by
the FLAP construction delay, staff recommends postponing the
staff recommendation on the Long Term Parking Plan to help
smooth demands on staff as resources are constrained in 2022.
Staff preliminarily anticipates that it may be necessary to
budget to hire a subject matter expert to assist with this project
in 2023. Any funding for this project will be presented and
reviewed in late 2022 as a part of the 2023 regular EOTC
budget development process.
2021 EOTC Near
Term Transit
Improvement
Program: Truscott
to Owl Creek Trail
Clarify Report
Out Timeframe
Following development of the Scope of Work for this project, it
is now clear that the soonest a report out for this project can
come to the EOTC is Spring 2023. This amendment is to
clarify that timeframe.
2 73
2021 EOTC Near
Term Transit
Improvement
Program:
Buttermilk Bike /
Pedestrian
Underpass and
Transit Signal
Bypasses
Clarify Report
Out Timeframe
Following development of the Scope of Work for this project, it
is now clear that the soonest a report out for this project can
come to the EOTC is Spring 2023. This amendment is to
clarify that timeframe.
Regarding the one year food truck / farm stand experiment that is currently permitted by Pitkin County to
take place in 2023 (originally anticipated to be the year following the FLAP grant construction), staff is
recommending that this remain as a 2023 Work Plan item for now. Due to the short timeframe to: 1)
amend the current County Location and Extent Permit from 2023 to 2022, 2) obtain new CDOT approval
for 2022, 3) transparently advertise for and select a vendor(s) through Pitkin County Procurement, and 4)
have the selected vendor sign a lease with CDOT (CDOT is currently facing staff shortages, so processing
times have increased notably), it is currently anticipated that the earliest a vendor could be onsite in 2022
would be mid to late summer. This late arrival of a vendor onsite significantly reduces the ability to
obtain reliable data on whether the food truck would support transit ridership and could thereby hinder the
likelihood of obtaining a long-term food truck / farm stand permit through the County, should it be
desired. In addition, the current County permit limits a food truck/farm stand for one season with any
additional seasons requiring additional County permitting. Staff will adjust the 2023 EOTC Work Plan
related to the food truck / farm stand experiment as necessary as the FLAP construction timeframe
continues to unfold through 2022 and amend the necessary County and CDOT approvals as appropriate.
As an update for ongoing EOTC Work Plan efforts, below is a list and a status description for each of the
ongoing EOTC efforts as identified in the EOTC Work Plan for 2022.
EOTC Retreat / Long-Term Planning Discussion
Staff is currently working to develop the agenda for the EOTC Retreat / Long-Range Planning Discussion
on April 28. The Retreat is currently planned to be a hybrid in-person / virtual event hosted from the City
of Aspen new City Hall. A facilitator has been identified for this discussion. A Pre-Retreat packet is also
in development and will be disseminated in advance of the retreat.
Brush Creek P&R:
Develop Partnership with HCE for EV Charger Install
EOTC staff is working with Holy Cross Energy, the City of Aspen, and CDOT to develop a
partnership to install EV chargers at the Brush Creek Park and Ride following redevelopment of
the facility. In order to allow Holy Cross Energy to install and manage EV chargers at the Park
and Ride facility, which is owned by CDOT, a lease agreement between the relevant parties needs
to be created and executed. CDOT is currently developing a draft lease agreement for local staff
review. Due to staff capacity issues at CDOT, development of the lease is taking longer than
expected.
Bike / Ped Connection to Rio Grande / AABC – Feasibility Study
This is a partnership project between Pitkin County Open Space and Trails Department and the
3 74
City of Aspen Parks and Open Space Department. The Feasibility Study is currently in
development. As identified in the 2022 EOTC Work Plan, the updated Feasibility Study for the
trail connection between the Brush Creek P&R and the Rio Grande Trail / AABC / City of Aspen
will be coming to the EOTC at the March meeting. This study will be reviewed by the Pitkin
County Open Space and Trails Board and the City of Aspen Parks and Open Space Board in
advance of the March EOTC meeting. This timeframe will allow the EOTC to hear the comments
and concerns from each of these boards along with the results from the Feasibility Study.
2021 EOTC Near Term Transit Improvement Program:
Truscott to Owl Creek Trail
EOTC staff have developed a Scope of Work for this project and Pitkin County Procurement has
advertised the RFP. Staff will review the responses from this RFP to identify a consulting team
to move forward with the design of this facility.
Buttermilk Bike / Pedestrian Underpass and Transit Signal Bypasses
EOTC staff have developed a Scope of Work for this project and Pitkin County Procurement has
advertised the RFP. Staff will review the responses from this RFP to identify a consulting team
to move forward with the initial design of this facility.
HOV Lane Enforcement Analysis
EOTC Staff is currently conducting research and gathering information for this effort. This is
currently projected to be reported out to the EOTC at the May meeting.
Analysis of Up Valley and Down Valley BRT Direct Service to Snowmass
EOTC staff have developed a Scope of Work for this project and Pitkin County Procurement has
advertised the RFP. Staff will review the responses from this RFP to identify a consulting team
to move forward with this study.
Additional Permanent Automated Vehicle Counters
EOTC staff have developed a Scope of Work for this project and Pitkin County Procurement has
advertised the RFP. Staff will review the responses from this RFP to identify a consulting team
to move forward with the design and implementation of this project.
BUDGETARY IMPACT:
None.
RECOMMENDED ACTION:
- Adopt staff recommended amendments to the 2022 EOTC Work Plan
(Motion, Second, and Roll Call Vote by Jurisdiction)
Adoption of the annual EOTC Work Plan and amendments thereto requires resolutions of approval from
the City of Aspen, Town of Snowmass Village, and Pitkin County. Draft resolutions are attached to this
memo. An affirmative vote by each jurisdiction is required for adoption and signature on the resolutions
of approval.
4 75
ATTACHMENTS:
1. Letter from the Federal Highway Administration (FHWA) dated January 19, 2022
2. 2022 redline of Amended EOTC Work Plan
3. 2022 clean copy of Amended EOTC Work Plan
4. Town of Snowmass Village Draft Resolution of Approval
5. City of Aspen Draft Resolution of Approval
6. Pitkin County Draft Resolution of Approval
5 76
Central Federal Lands Highway Division 12300 W. Dakota Avenue
Suite 390
Lakewood, CO 80228-2583
January 19, 2022 Office: 720-963-3415
Fax: 720-963-3596
John.Knowles@dot.gov
In Reply Refer To:
HFPM 3-25
David Pesnichak, AICP
Regional Transportation Administrator
Pitkin County – Elected Officials Transportation Committee
530 E Main St., Suite 302
Aspen, CO 81611
Dear Mr. Pesnichak:
This letter is to inform you that Central Federal Lands Highway Division (CFLHD) is in the
process of canceling the current solicitation for bids of the CO FLAP PIT 82(1) Brush Creek
Parking Area project.
On October 25, 2021, CFLHD advertised the subject project as a total small business set-aside
with the intent of awarding the contract to construct the Brush Creek Parking Area and Restroom
during the 2022 construction season. On December 7, 2021, CFLHD received two bids that
were approximately 119% and 174% over the engineer’s estimate. Due to the high bids and the
lack of adequate funds, we have determined that it would be unreasonable to award the contract
at this time. The plan will be to resolicit bids via full and open competition in the Fall of 2022,
with construction beginning in the 2023 construction season. We plan to work with you and
your staff to make any adjustments to ensure a successful procurement.
Sincerely,
John Knowles
Project Manager
JOHN P
KNOWLES
Digitally signed by
JOHN P KNOWLES
Date: 2022.01.19
15:19:12 -07'00'
Attachment 1
6 77
EOTC Work Plan and Meeting Schedule – Amended February 2022
2022
Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Pursue EOTC Budget Mitigation ETOC Staff in Collaboration with RFTA All Year Determine if Transfer of Cost of No-Fare Service to RFTA is Feasible Option to Mitigate the Effects of Sales and Use Tax Collection Changes.
EOTC Administration
EOTC Retreat / Long-Term Planning Discussion EOTC Staff April EOTC Mtg Understanding of future transportation trends and available options for mitigation EOTC Administration
Brush Creek P&R: FLAP Improvements – Construction
Develop Partnership with HCE for EV Charger Install Bike / Ped Connection to Rio Grande / AABC – Feasibility Study – Phase 2
Recommendation on Long-Term Parking Plan
EOTC Staff in Collaboration with RFTA, CDOT, FHWA, COA, and TOSV EOTC Staff
EOTC Staff in Collaboration with PitCo and COA Open Space and Trails
EOTC Staff
All Year
All Year
March EOTC Mtg Review
May EOTC Mtg Review
Complete Construction of Approved FLAP Improvements.
Develop Partnership for Installation of EV Chargers following Completion of FLAP Improvements. Identification of Technically Feasible Alternatives for Connecting BC P&R to Rio Grande / AABC for Public Outreach Consideration in 2022. Staff Recommendation on how Long-Term Parking (over 24 hours) could be Accommodated and Managed
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Electrification of Transit System
Attachment 2
7 78
2021 EOTC Near Term Transit Improvement Program: Truscott to Owl Creek Trail
Buttermilk Bike / Pedestrian Underpass and Transit Signal Bypasses HOV Lane Enforcement Analysis Analysis of Up Valley and Down Valley BRT Direct Service to Snowmass
Additional Permanent Automated Vehicle Counters
EOTC Staff
EOTC Staff
EOTC Staff
EOTC Staff
EOTC Staff
All Year – Report Out Spring 2023
All Year – Report Out Spring 2023
May EOTC Mtg Review
All Year – Report Out Spring 2023
All Year
Planning, Stakeholder Outreach, Design, and Partnership and Funding Identification.
Planning, Stakeholder Outreach, Initial Design, and Partnership and Funding Identification.
Analysis of Manual and Automated Enforcement Methods. Snowmass transit connection analysis to evaluate transit effectiveness and efficiency, and determine cost, frequency, and expected utilization of increased / enhanced service levels. Plan, Design, Permit, Construct Additional Vehicle Counters in Key Locations within Upper Valley
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Lot Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service
Participate in Snowmass Transit Center, Airport, and Regional Transportation Planning / Visioning
Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative
Attachment 2
8 79
2023
Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Continue Progress on Implementation of 2021 EOTC Transit Improvement Program
EOTC Staff
All Year
Continued Implementation of 2021 EOTC Transit Improvement Program
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Airport / AABC Multi-Modal transit Hub and transit Circulation Enhancements
Attachment 2
9 80
Brush Creek P&R: FLAP Improvements – Construction Recommendation on Long-Term Parking Plan Food Truck / Farm Stand – Experiment
EOTC Staff in Collaboration with RFTA, CDOT, FHWA, COA, and TOSV EOTC Staff EOTC Staff
All Year All Year All Year
Complete Construction of Approved FLAP Improvements. Staff Recommendation on how Long-Term Parking (over 24 hours) could be Accommodated and Managed Manage and Execute Food Truck / Farm Stand Experiment if Permitted.
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service Participate in Snowmass Transit Center, Brush Creek P&R Development, Airport, and regional transportation planning / visioning
Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative
Attachment 2
10 81
2022 EOTC Scheduled Meeting Dates
Date Location Time Estimate Anticipated Topic
March 24, 2022 (Thursday) Pitkin County 4pm to 6pm Brush Creek Park and Ride to AABC Trail Connection Review EOTC Retreat / Long-Term Planning Prep – April 28 April 28, 2022 (Thursday) TBD 3pm to 6pm EOTC Retreat/Long-Term Planning Discussion
May 26, 2022 (Thursday) Town of Snowmass Village 4pm to 6pm HOV Lane Enforcement Analysis Review Brush Creek Park and Ride - Long-Term Parking Plan Review (parking over 24 hours) October 27, 2022 (Thursday) City of Aspen 4pm to 6pm 2023 Budget and Work Plan
Note: Additional meeting may be necessary in order to complete necessary tasks identified within this Plan.
Attachment 2
11 82
EOTC Work Plan and Meeting Schedule – Amended February 2022
2022
Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP EOTC Retreat / Long-Term Planning Discussion EOTC Staff April EOTC Mtg Understanding of future transportation trends and available options for mitigation EOTC Administration
Brush Creek P&R:
Develop Partnership with HCE for EV Charger Install Bike / Ped Connection to Rio Grande / AABC – Feasibility Study – Phase 2
EOTC Staff
EOTC Staff in Collaboration with PitCo and COA Open Space and Trails
All Year
March EOTC Mtg Review
Develop Partnership for Installation of EV Chargers following Completion of FLAP Improvements. Identification of Technically Feasible Alternatives for Connecting BC P&R to Rio Grande / AABC for Public Outreach Consideration in 2022.
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Electrification of Transit System
Attachment 3
12 83
2021 EOTC Near Term Transit Improvement Program: Truscott to Owl Creek Trail Buttermilk Bike / Pedestrian Underpass and Transit Signal Bypasses HOV Lane Enforcement Analysis Analysis of Up Valley and Down Valley BRT Direct Service to Snowmass Additional Permanent Automated Vehicle Counters
EOTC Staff EOTC Staff EOTC Staff EOTC Staff EOTC Staff
All Year – Report Out Spring 2023 All Year – Report Out Spring 2023 May EOTC Mtg Review All Year – Report Out Spring 2023 All Year
Planning, Stakeholder Outreach, Design, and Partnership and Funding Identification. Planning, Stakeholder Outreach, Initial Design, and Partnership and Funding Identification. Analysis of Manual and Automated Enforcement Methods. Snowmass transit connection analysis to evaluate transit effectiveness and efficiency, and determine cost, frequency, and expected utilization of increased / enhanced service levels. Plan, Design, Permit, Construct Additional Vehicle Counters in Key Locations within Upper Valley
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Lot Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service
Participate in Snowmass Transit Center, Airport, and Regional Transportation Planning / Visioning
Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative
Attachment 3
13 84
2023
Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Continue Progress on Implementation of 2021 EOTC Transit Improvement Program
EOTC Staff
All Year
Continued Implementation of 2021 EOTC Transit Improvement Program
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Airport / AABC Multi-Modal transit Hub and transit Circulation Enhancements
Attachment 3
14 85
Brush Creek P&R: FLAP Improvements – Construction
Recommendation on Long-Term Parking Plan
Food Truck / Farm Stand – Experiment
EOTC Staff in Collaboration with RFTA, CDOT, FHWA, COA, and TOSV
EOTC Staff
EOTC Staff
All Year
All Year
All Year
Complete Construction of Approved FLAP Improvements.
Staff Recommendation on how Long-Term Parking (over 24 hours) could be Accommodated and Managed Manage and Execute Food Truck / Farm Stand Experiment if Permitted.
Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service Participate in Snowmass Transit Center, Brush Creek P&R Development, Airport, and regional transportation planning / visioning
Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative
Attachment 3
15 86
2022 EOTC Scheduled Meeting Dates
Date Location Time Estimate Anticipated Topic
March 24, 2022 (Thursday) Pitkin County 4pm to 6pm Brush Creek Park and Ride to AABC Trail Connection Review EOTC Retreat / Long-Term Planning Prep – April 28 April 28, 2022 (Thursday) TBD 3pm to 6pm EOTC Retreat/Long-Term Planning Discussion
May 26, 2022 (Thursday) Town of Snowmass Village 4pm to 6pm HOV Lane Enforcement Analysis Review
October 27, 2022 (Thursday) City of Aspen 4pm to 6pm 2023 Budget and Work Plan
Note: Additional meeting may be necessary in order to complete necessary tasks identified within this Plan.
Attachment 3
16 87
TOWN OF SNOWMASS VILLAGE
RESOLUTION NO.
SERIES OF 2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE,
COLORADO, APPROVING THE FIRST AMENDMENT TO THE 2022 WORK PLAN
FOR THE ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC)
WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the
Pitkin County Board of County Commissioners (the "Parties") have previously identified
general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are
eligible for funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated
May 3rd, 2021 which identifies the method and process by which the Parties are to implement
the Plan; and
WHEREAS, at the EOTC meeting held on October 28, 2021, the Parties considered
and approved the attached 2022 work plan for the Pitkin County one-half cent transit sales
and use tax; and
WHEREAS, at the Town of Snowmass Village Council held on ____, 2022, Council
considered and approved the attached first amendment to the 2022 work plan for the Pitkin
County one-half cent transit sales and use tax.
NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of
Snowmass Village, Colorado, that the first amended 2022 work plan for the one-half cent
transit sales and use tax is hereby approved.
READ, APPROVED, AND ADOPTED by the Town Council of the Town of
Snowmass Village, Colorado on the __ of ______, 2022, upon a motion made by Council
Member __________, the second of Council Member __________, and upon a vote of _ in
favor and _ opposed.
TOWN OF SNOWMASS VILLAGE
_________________________
Bill Madsen, Mayor
Attachment 4
17 88
APPROVED AS TO FORM
________________________
John Dresser, Town Attorney
ATTEST:
_________________________
Megan Boucher, Town Clerk
Attachment 4
18 89
RESOLUTION NO. ____
SERIES OF 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE FIRST AMENDMENT TO THE 2022 WORK PLAN FOR THE ELECTED
OFFICIALS TRANSPORTATION COMMITTEE (EOTC)
WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners
and the Town Council of Snowmass Village (the "Parties") have previously identified general
elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for
funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May
3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan;
and
WHEREAS, at the EOTC meeting held on October 28, 2021, the Parties considered and
approved the attached 2022 work plan for the Pitkin County one-half cent transit sales and use tax;
and
WHEREAS, at the Aspen City Council meeting held on ____, 2022, Council considered
and approved the attached first amendment to the 2022 work plan for the Pitkin County one-half
cent transit sales and use tax.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the attached first amendment to the 2022 work plan for the one-half cent transit
sales and use tax is hereby approved.
RESOLVED, APPROVED, AND ADOPTED this __ day of _____, 2022, by the City
Council for the City of Aspen, Colorado.
_________________________
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 _____, 2022.
_________________________
Nicole Henning, City Clerk
Attachment 5
19 90
1
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (“BOCC”) OF PITKIN COUNTY,
COLORADO AMENDING RESOLUTION NO. 001-2021
ADOPTING THE FIRST AMENDMENT TO THE 2022
ELECTED OFFICIALS TRANSPORTATION
COMMITTEE (“EOTC”) WORK PLAN
RESOLUTION NO. ______, 2022
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
(“HRC”) official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the
Pitkin County Board of County Commissioners (the "Parties") have previously identified
general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are
eligible for funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, pursuant to Resolution No. 033-2021 the Board of County Commissioners
entered into an amended Intergovernmental Agreement (IGA) dated May 3rd, 2021 with
other Parties, which identifies the method and process by which the Parties are to
implement the Plan; and
WHEREAS, at the EOTC meeting held on October 28, 2021, and after consideration and
approval by all Parties, the Board of County Commissioners approved Resolution No. 001-
2021 approving the attached 2022 work plan for the Pitkin County one-half cent transit
sales and use tax; and
WHEREAS, at the Pitkin County Board of County Commissioners meeting held on ____,
2022, the Board considered and approved the first amendment to the 2022 work plan for the
Pitkin County one-half cent transit sales and use tax attached hereto as Exhibit “A”; and
WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution of the Board of County
Commissioners (“BOCC”) of Pitkin County, Colorado amending Resolution No. 001-2021
adopting the first amendment to the 2022 EOTC work plan and authorizes the Chair to sign
the Resolution and upon the satisfaction of the County Attorney as to form, execute any
other associated documents necessary to complete this matter.
Attachment 6
20 91
2
INTRODUCED AND FIRST READ ON THE _______ DAY OF_______________, 2022
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE ______DAY
OF _______________ 2022.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE _______ DAY
OF _____________, 2022.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE ______DAY OF _______________ 2022.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE ______
DAY OF _______________ 2022.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE ______DAY OF_______________, 2022.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE _____ DAY OF ____________, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Jeanette Jones Patti Clapper, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
John Ely, County Attorney Jon Peacock, County Manager
Attachment 6
21 92
MEMORANDUM
TO:Mayor and City Council
FROM:Diane Foster, Assistant City Manager
THROUGH:Sara Ott, City Manager
MEMO DATE:February 2, 2022
MEETING DATE:February 8, 2022
RE:Affordable Housing Strategic Plan
REQUEST OF COUNCIL:
Due to the large volume and/or time needed for other agenda items this winter/spring,
staff has placed this this is a work session item on this Regular Meeting agenda. No
formal action is requested at this time. Staff will return to City Council at a later date to
ask City Council to adopt the Affordable Housing Strategic Plan by resolution.
At the February 8 City Council meeting, staff is requesting consensus feedback on this
Affordable Housing Strategic Plan.
SUMMARY AND BACKGROUND:
While the City of Aspen and Pitkin County have been working on affordable housing
independently and collaboratively since the 1970s, the Affordable Housing Strategic Plan
is a forward-looking plan primarily focused on the next five years
At the July 2021 City Council Retreat, the City Council identified three Priority Goals;
affordable housing was one of those goals.
In August 2021 City Council adopted a Goal Resolution that included language that
specified actions to be taken to support the realization of that goal:
The City's Council will continue to evaluate, identify opportunities, plan, partner,
facilitate, and leverage existing and new resources to invest in the development and
maintenance of affordable housing. This will be accomplished through:
a. Convening a City Housing Retreat;
b. Creating an affordable housing strategic plan;
c. Completing Council directed affordable housing development projects;
d. Continuing to seek additional affordable housing development opportunities.
e. Leveraging and amending regulations and policies in support of affordable housing;
and
f. Supporting continuous improvement with the APCHA program, including ensuring
adequate resources
93
The December 2021 City Council Housing Retreat was focused specifically on the
affordable housing needs of the Aspen area, its workforce and community. City Council’s
ideas and direction from that Housing Retreat led to the creation of this Affordable
Housing Strategic Plan. A significant portion of the content of this plan was developed
and/or clarified during the Housing Retreat.
Thanks to the following individuals for their contributions to this plan the many hours spent
discussing various elements and, of course, editing:(in alphabetical order)
Ben Anderson
Chris Everson
Diane Foster
Matthew Gillen
Ron LeBlanc
Scott Miller
Sara Ott
Pete Strecker
Phillip Supino
DISCUSSION:
This is the draft of the Affordable Housing Strategic Plan. Because it is a 33 page plan
plus appendices, staff recommends the following approach to avoid a lengthy group
micro-editing process during a City Council meeting:
1.1st Pass: Read the whole document through without making edits, comments or
notes. This will help you to get familiar with the document very quickly.
2.2nd Pass: High Level Review - Take notes on
a. With which items do you agree and/or don’t need significant changes?
b. With which items do you disagree or which items need may need
substantive changes?
c. What is missing?
3.3rd Pass:Focus on specific areas:
a.For Whom is Affordable Housing Intended & Where Will New Units be
Located?:Do you generally agree with this?
b.Where have we been successful? & Where can we do better in the future?:
Do you generally agree with this?
c.SWOT Analysis - Reminder – SWOT Analysis is not an exhaustive list.
Focus is on high level, major items:
i. Are there major items that should be removed?
ii. Are there major items that should be added
d. Action items
i. Are there any that are included that should be removed?
ii. Are there any that are not included that should be added?
e.Decision Matrix: This was a first draft by staff. Staff does expect City Council
to edit/reprioritize these items as a last step in this review process.
4.Mirco-editing (OPTIONAL):We will not discuss micro-edits at the February 8 City
Council Meeting. If you have micro-edits, please use the guidelines below and feel
free to email micro-edits to Diane Foster. Also – please do not send major changes
when you send micro-edits, those cannot be made without review from the whole
City Counccil :
94
a.Typos: Please feel free to identify any typos that need to be corrected,
although please do not feel that you need to do this. Multiple staff members
have reviewed this document several times – AND undoubtedly, we missed
something.
b.Grammar corrections: Same as typos; please email those to Diane.
c.Syntax errors: Please identify those as well if you see them; same as typos
and grammar, please notify Diane if you find those.
d.Fact corrections:If you find an item that is factually incorrect, please note
that and, if you have the correct information, please include that when you
send it to Diane.
e. Word choice & phrasing: These two are a little trickier. If you think we have
chosen the wrong word or the phrasing is misleading, please let Diane
know. If you simply prefer a different word or different phrasing, please
consider not suggesting a change, as five people changing word choice and
phrasing will be difficult.
Making edits to the electronic document:Just in case you haven’t made
comments before in Adobe Acrobat, here is a tutorial with a short video.
https://helpx.adobe.com/acrobat/using/commenting-pdfs.html
Making edits on paper: If you prefer old school style, you can make
handwritten edits. Please write carefully so Diane can read the edits.
APPENDIX 2022 – 2026 Affordable Housing Strategic Plan
95
AFFORDABLE
HOUSING
STRATEGIC
PLAN
CITY OF ASPEN
2022-2026
96
COMPREHENSIVE STRATEGIC PLAN OF ACTION
TO GENERATE & SUSTAIN AFFORDABLE HOUSING UNITS
POLICY
• APCHA Compliance Actions
• APCHA Policy Actions to
improve sustainability of existing
affordable housing
NEW
DEVELOPMENT
• Complete Burlingame
Phase 3 Project
• Complete Lumberyard Project
• Partnerships
• Regional Collaboration
• Land Banking
DEVELOPMENT
NEUTRAL
HOUSING
SUSTAINABILITY &
COMPLIANCE
3,200 CURRENT UNITS IN THE APCHA HOUSING PROGRAM
• Replace Expiring Deed Restrictions with
Permanent Deed Restrictions
• Incentivize voluntary downsizing
• Other future development
neutral items
• Community Development Policy Actions
• Affordable Housing Certificates Program
• Develop Financial Resources for Construction,
Expiring Deed Restrictions
& Land Banking
• APCHA Policy Actions to increase
numbers of available units
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3
INTRODUCTION
With approximately 3,200 deed restricted affordable homes in the Aspen/Pitkin County area, our affordable
housing programs are the envy of every ski town in the US.
The forethought of elected officials to begin investing in affordable housing in the 1970s and their tenacious
commitment to it since that time has resulted in a vibrant, lived-in community. Interspersed throughout the
community, these 3,200 homes have helped the Aspen community fight the adverse effects of a historic rise
in housing costs, yet we are struggling to now keep up with the market shift in utilization of many homes from
residential to commercial in the form of short term rentals.
The historic and current day support for affordable housing by Aspenites of all economic strata remains strong.
This high level of community support is evidenced by voter-supported funding of the affordable housing program
and the fierceness with which the community defends this valuable and essential asset.
Compared to our peer ski town communities, we are fortunate to have this legacy of success with the development
of affordable housing. Yet, in the present context, several intersecting factors have created a scenario that
leaves the community challenged in sustaining important aspects of our economic and social fabric, In August of
2021, the Aspen City Council established three Priority Goals, with Affordable Housing being one of those. The
adopted Goal Resolution language set out five steps to accomplish this goal, with the first being the December
2021 Aspen City Council Housing Retreat and the second being this output of that retreat, the Affordable
Housing Strategic Plan.
The City Council made clear their intent for this Affordable Housing Strategic Plan to be more than an aspirational
document; they wanted a plan that is actionable. Accordingly, this plan prioritizes a series of actions to happen in
the next five years that can have a significant and positive impact on the quantity of units and overall sustainability
of our community’s affordable housing program.
The Aspen City Council has and will continue to be committed to addressing the need for more affordable
housing – and, as they have stated clearly, “We can’t do it alone.” To solve this challenge, we will need every tool
available to us and we’ll need every partner to do their part.
Thanks to the team who came together to develop this plan (in alphabetical order):
Ben Anderson
Chris Everson
Diane Foster
Matthew Gillen
Ron LeBlanc
Scott Miller
Sara Ott
Pete Strecker
Phillip Supino
ASPEN CITY COUNCIL’S DIRECTION & IDEAS ARE MEMORIALIZED IN THIS PLAN:
Mayor Torre — Rachel Richards — Ward Hauenstein — Skippy Mesirow — John Doyle
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4
City Of Aspen Affordable Housing Strategic Plan _____________________________________________________________________5
What Is The Housing Strategic Plan Goal? .......................................................................................................................5
How Will The Goals Of The Plan Be Achieved? ..............................................................................................................5
A Focus On Action ......................................................................................................................................................................6
Pillars Of The Strategic Plan ...................................................................................................................................................7
Strategic Focus Areas ................................................................................................................................................................7
For Whom Is Affordable Housing Intended? ....................................................................................................................8
Where Will New Units Be Located? .....................................................................................................................................8
Livability Standards For Affordable Housing ....................................................................................................................8
Aspen Area Community Plan: Housing Policies & Policy Categories ___________________________________________9
Looking Back, Moving Forward: Where Have We Been Successful ___________________________________________10
Looking Back, Moving Forward: What Can We Do Better In The Future ____________________________________11
Council’s Support Of Outcomes ...........................................................................................................................................11
Assessing The Need For Affordable Housing In Our Community ______________________________________________12
Summary Of Already-Completed Assessments .............................................................................................................12
Addition Of Updated Data That Informs The Needs ...................................................................................................12
Community Support Of The Need For Affordable Housing .....................................................................................13
Readiness Assessment ___________________________________________________________________________________________________________14
Staffing ............................................................................................................................................................................................14
Financial Capacity on Requested Timeline ......................................................................................................................15
Swot Analysis __________________________________________________________________________________________________________________________16
Action Plan Decision Matrix _____________________________________________________________________________________________________17
Actions ___________________________________________________________________________________________________________________________________18
Replace Expiring Deed Restrictions With Permanent Deed Restrictions ...........................................................18
Complete Lumberyard Project ..............................................................................................................................................19
Complete Burlingame Phase 3 Project ............................................................................................................................20
Community Development Policy Actions ..........................................................................................................................21
Certificates Of Affordable Housing Program Enhancements .................................................................................22
Develop Financial Resources For Construction, Expiring Deed Restrictions & Land Banking .................23
Incentivize Voluntary Downsizing ........................................................................................................................................24
Partnerships .................................................................................................................................................................................25
Apcha Compliance Actions....................................................................................................................................................26
Apcha Policy Actions To Increase Number Of Available Units ...............................................................................27
Apcha Policy Actions To Improve The Sustainability Housing Inventory ............................................................28
Additional Development Neutral Program Elements..................................................................................................29
Land Banking ..............................................................................................................................................................................30
Regional Collaboration .............................................................................................................................................................31
Actions Not Currently Prioritized __________________________________________________________________________________________32
Review Process _____________________________________________________________________________________________________________________33
Appendix _______________________________________________________________________________________________________________________________34
Appendix A: Housing Chapter Of Aspen Area Community Plan ..........................................................................35
Appendix B: Community Afordable Housing And Livability .....................................................................................41
TABLE OF CONTENTS
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5
The City Council will continue to evaluate, identify opportunities, plan, partner, facilitate, and leverage
existing and new resources to invest in the development and maintenance of affordable housing. This will be
accomplished through:
(City Council Goal Resolution August 2021)
CITY OF ASPEN
HOUSING STRATEGIC PLAN
WHAT IS THE HOUSING STRATEGIC PLAN GOAL?
To provide an action plan to support the continued availability of affordable housing that is high quality, sustain-
able, and results in a lived-in community and a healthy workforce.
HOW WILL THE GOALS OF THE PLAN BE ACHIEVED?
POLICY PROGRAMS PARTNERSHIPS
Aspen Area Community
Plan & Land Use Code
encourage, support &
require the creation of
affordable housing within
the urban growth boundary.
City Council’s policy
direction regarding land
acquisition is to consider
any and all acquisitions,
including partnerships.
The Affordable Housing Certificates Program has been
in place since 2010 – with the first project completed
in 2012. This program encourages developers to build
affordable housing by providing a credit for each
affordable housing unit built. That credit can then
be sold to another developer who can use it to fulfill
employee mitigation requirements on a separate project.
The program has included new projects, conversions
of freemarket units to deed-restricted, and historically
designated properties.
The Aspen Pitkin County Housing Authority manages
the sales, rental, management & sustainability of deed
restricted affordable housing.
Development of affordable
housing through private and
public partnerships has and
will continue to provide
an alternative to the
City-as-Developer approach.
With reduced availability of
freemarket housing in the
Roaring Fork Valley, the need
for regional affordable housing
partnerships increases.
Supporting
continuous
improvement with
the APCHA program,
including ensuring
adequate resources
Convening a
City Housing
Retreat
Creating an
affordable housing
strategic plan
Completing
Council directed
affordable housing
development
projects
Continuing to
seek additional
affordable housing
development
opportunities
Leveraging
and amending
regulations
and policies
in support of
affordable
housing
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Every member of the Aspen City Council – both before and during the December 2021 City Council Housing Retreat
– identified the importance of a specific Action Plan within the Affordable Housing Strategic Plan.
Staff has reviewed input received from City Council during the Housing Retreat and over the past few years to
develop this prioritization. Please see page 17 to see how these items were prioritized. Further detail on each action
item can be found starting on page 18.
PRIORITY
• APCHA Compliance Actions
• APCHA Policy Actions to Increase Number Of Available Units
• APCHA Policy Actions to Improve The Sustainability Housing Inventory
• Additional Development Neutral Program Elements
• Land Banking
• Regional Collaboration
HIGHEST PRIORITY
• Replace Expiring Deed Restrictions with Permanent Deed Restrictions
• Complete Lumberyard Project
• Complete Burlingame Phase 3 Project
TOP PRIORITY
• Community Development Policy Actions
• Certificates of Affordable Housing Program Enhancements
• Develop Financial Resources for Construction,
Expiring Deed Restrictions & Land Banking
• Incentivize voluntary downsizing
• Partnerships
A FOCUS ON ACTION
Marolt
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PILLARS OF THE STRATEGIC PLAN
Increase the
quantity of
affordable
housing
Increase
quality of new
& existing
affordable
housing
Preserve
affordability
Provide
community
housing
Ensure the
sustainability
of the
program
Support the
policies
identified in the
Aspen Area
Community Plan
1 2 3 4 5 6
STRATEGIC FOCUS AREAS
SAFE & LIVED-IN COMMUNITY OF CHOICE: Ensure Aspen is an
attractive, diverse and safe city to live, work and visit year-round. This includes
opportunities to access childcare, healthcare, housing, transit, parks, recreation and
technological connectivity.
COMMUNITY ENGAGEMENT: Ensure a trusted dialogue and relationship
in the community that encourages participation, consensus building, and meaningful
engagement.
PROTECT OUR ENVIRONMENT: Ensure that policy decisions, programs and
projects manage impacts to the environment, climate, and public health and well-
being.
SMART CUSTOMER FOCUSED GOVERNMENT: Provide value to the
community by continuously improving services and processes based on feedback,
data, best practices, and innovation.
FISCAL HEALTH & ECONOMIC VITALITY: Promote economic
sustainability of the Aspen community by advancing a healthy, diverse local economy
while responsibly managing revenue streams, community investments, and financial
reserves.
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LIVABILITY STANDARDS FOR AFFORDABLE HOUSING
•environmental sustainability •accessibility
•quality of construction •parking & storage
•unit size •open space & trails
•natural light •public transportation
WHERE WILL NEW UNITS BE LOCATED?
Third Priority:
Outside of City limits
(This is a change from prior policy)
>> To allow for closer proximity to
major medical centers
>> Partnerships with Pitkin County
>> Other regional partnerships
FOR WHOM IS AFFORDABLE HOUSING INTENDED?
Affordable Housing in the Aspen area is both workforce housing and community housing.
The Housing Vision statement in the Aspen Area Community Plan (AACP) makes this clear:
We believe that 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.
The AACP cites the benefits of affordable housing to the Aspen community; it “helps to ensure a vital, demographically
diverse year-round community” made up of “a healthy mix of people, including singles, families and seniors.”
While affordable housing supports the community’s workforce, according to the Mission Statement in the Aspen Pitkin
County Housing Authority’s Regulations, affordable housing is also intended for retirees and people with disabilities who
have been actively employed within Pitkin County prior to retirement and/or disability.
1
2
3
Top Priority:
Within the roundabout,
including in the Core
Second Priority:
Within the
Urban Growth Boundary
Housing developments should endeavor to balance the principles of community, livability and quality against
impacts such as unreasonable levels of cost and construction activity intrusion. Housing structures should utilize
land as efficiently as possible and should seek construction efficiencies to levels that do not sacrifice livability
beyond levels that are not consistent with these goals. Architecture should be sensitive to neighborhood context
to the extent possible while achieving these goals. A myriad of design elements all combine to make a development
livable. As discussed further in Appendix B, these elements include, but are not limited to:
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ASPEN AREA COMMUNITY PLAN (AACP):
Housing Policies & Policy Categories
The policies outlined in the Housing chapter and related housing mitigation policies in the Managing Growth for
Community & Economic Sustainability chapter are intended to meet these challenges as the community continues to
provide affordable housing. A full copy of the Housing section of the Aspen Area Community Plan, pages 38-42, can be
found in Appendix A.
At the same time, the 2012 AACP calls for further research on the physical limits to development in the form of ultimate
build-out, projected future impacts related to job generation, demographic trends, the conversion of local free market
homes and other factors. This kind of statistical analysis will help inform future decision-making and goal-setting in a more
meaningful way.
This plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond
the City and County governmental structures, and continuing to pursue affordable housing projects on available public
land through a transparent and accountable public process.
While past plans have supported "buy-down" alternatives, there has been little comprehensive effort in this regard. A
"buy-down" program may be an expensive proposition, but this plan calls for exploring it more thoroughly. The idea is to
finally determine if the community is willing to pay the price for providing long-term affordable housing by converting
existing free market homes, and/or affordable housing, rather than building new homes.
Little Ajax
(Source: 2012 Aspen Area Community Plan)
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LOOKING BACK, MOVING FORWARD:
Where have we been successful?
With a total of approximately 3,200 deed restricted units within the Aspen/Pitkin County area, 72% (2,303) of which are
located within Aspen City limits, this area is home to what is likely the largest affordable housing program in the nation on
a per capita basis. In the early 1970s, responding to a loss of free-market employee housing, Pitkin County and the City of
Aspen started separate housing programs. Early recognition of the problem and immediate action and sustained investment
has created a housing program that is not only the envy of every ski town, it has been the key to maintaining the soul of the
community.
In 1982 Aspen and Pitkin County
joined together to form the Aspen
Pitkin County Housing Authority.
The City and County jointly fund this
program that is now operating under
the Sixth Amended and Restated
Intergovernmental Agreement,
signed in May 2019.
Importantly, and unlike some other
western ski resort communities, the
Aspen community has consistently
supported affordable housing
through both the 1% Housing Real
Estate Transfer Tax and 45% of the
.45% Housing and Day Care Sales
Tax. These funds have supported
the City in the role of developer —
although private sector companies
are hired to build the units— and
have also allowed the City to join
with private sector developers to
build new affordable housing units.
The aforementioned housing policies
implemented through the Land Use
Code, such as the Affordable Housing
Credits Program and the Growth
Management Quota System, have also
resulted in new affordable housing unit
generation.
COMPLETED PUBLIC PROJECTS: 2000 - 2021
YEAR FACILITY UNITS OWN/RENT
2000 Snyder 15 Own
2001 7th and Main 12 Own
2002 Truscott II 87 Rent
2005 Annie Mitchell 39 Own
2006 Little Ajax 14 Own
2007 Burlingame Ranch I 91 Own
2015 Burlingame Ranch II 86 Own
2020 802 West Main 10 Rent
2020 517 Park Circle 11 Rent
2021 488 Castle Creek 24 Rent
TOTAL COMPLETED 389 257 Own/ 132 Rent
TOTAL FTEs 840
FTEs: Number of full time employees housed
GENERAL RESIDENTIAL DATA (WITHIN THE CITY OF ASPEN)
YEAR 2000 2010 2020
TOTAL HOUSEHOLDS 4,354 5,929 6,197
% CHANGE 2000-2010 // 36.2% 2010-2020 // 4.5%
OCCUPIED HOUSEHOLDS 2,903 3,516 3,540
% CHANGE 2000-2010 // 21.1%% 2010-2020 // 0.7%
VACANT HOUSEHOLDS 1,451 2,413 2,657
% CHANGE 2000-2010 // 66.4% 2010-2020 // 10.1%
% OF VACANT UNITS
(free market and affordable combined)33%41%43%
Source: Colorado State
Demographer’s Office compiled
decennial US Census Data from
2000-2020; and APCHA data
derived from HomeTrek.
Deed Restricted APCHA
Units in COA (Source: APCHA)Total: 2,303
Free-Market Units Total from
Census less APCHA units Total: 3,894
% of Vacant Free-Market Units
(assuming 100% of APCHA units are occupied)68%
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LOOKING BACK, MOVING FORWARD:
What can we do better in the future
At its December 2021 City Council Housing Retreat, the Council identified what has been done well
and what could be done better in the future:
YEAR FACILITY UNITS OWN/RENT
*2022 Burlingame Ranch III 79 Own
**2024-2035 Lumberyard 310 2/3 Rent, 1/3 Own
TOTAL In Process 389 177 Own, 212 Rent
TOTAL FTEs 780
* Currently under construction
** Currently in planning, subject to change
COUNCIL’S SUPPORT OF OUTCOMES
When the City is the developer in an affordable housing project, the City Council has a significant role in the
design and development of that project. During the December 2021 City of Aspen Housing Retreat, the City
Council put forward the following statements in support of successful project outcomes:
PUBLIC PROJECTS CURRENTLY IN PROGRESS
Maintain the
quality of the
community through
sustainability and
have the courage
and political will
to preserve the
community
Ensure community
understanding of
why certain actions
are being taken and
help the community
to understand the
20-year outcomes.
Better
organize and
articulate
priorities
Make improvements
to existing programs,
including better use
of existing housing
stock and utilizing
unused bedrooms
already built
Preservation
and restoration
of existing
housing
Adding
housing
without
construction
when possible
Developing
voluntary
programming
around retirees
and seniors still in
housing by creating
a better situation
for them; provide
incentives to
downsize
Staff will be supported with the resources when they are needed
City Council will take full ownership if we don’t succeed
City Council will not change direction
Council members commit to expressing concerns to staff ahead of time
Trust and have patience with staff
Lead with a public service heart
Burlingame
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ASSESSING THE NEED FOR AFFORDABLE
HOUSING IN OUR COMMUNITY
SUMMARY OF ALREADY-COMPLETED ASSESSMENTS
2012 NEEDS ASSESSMENT: In 2012, staff prepared a strategic review
of affordable housing document for a joint City/County housing work
session which occurred in September of 2012. The 2012 strategic
review hypothesized that from 2012 to 2022, over 650 new housing
units would be needed to overcome the forces of job growth,
gentrification, and retirement.
2019 NEEDS ASSESSMENT: The 2019 Greater Roaring Fork Regional
Housing Study suggested that the need for affordable housing units
in the Aspen-Snowmass area was greater than previously anticipated
and growing. A copy of that report can be found at: apcha.org/
DocumentCenter/View/1197/Final-ReportGreater-Roaring-Fork-
Regional-Housing-Study20190417?bidId=
2019 GREATER ROARING FORK
REGIONAL HOUSING STUDY
UNITS
NEEDED
2017 2027
< 60% AMI 483 481
61-80% AMI 1401 2101
81-100% AMI 766 1204
101-120% AMI 663 861
121-140% AMI 420 245
141-160% AMI 227 327
>160% AMI 0 0
TOTAL NEED 3,960 5,219
ADDITION OF UPDATED DATA THAT INFORMS THE NEED
To prepare for the City’s Lumberyard affordable housing development, in 2021 the City of Aspen commissioned the
Lumberyard Demographic and Market Assessment which found that the Roaring Fork Valley is losing households in
APCHA income categories 1 (up to 50% AMI) and 2 (51-85% AMI) and that most of the job growth in Aspen and Pitkin
County is in APCHA income categories 2 (51-85% AMI) and 3 (86-130% AMI).
The 2021 Lumberyard Demographic and Market Assessment goes on to suggest that rental units should be created
primarily in APCHA income category 2 (38%), followed closely by category 3 (33%) and then category 1 (22%), and with
a few rental units in category 4 (7%). The 2021 study also suggests that ownership units should be created primarily in
APCHA income category 3 (34%), followed by categories 4 (26%) and 2 (23%) while providing some units in category 5
(17%).
A similar income mix should be considered for the 79 units at Burlingame Ranch Phase III which will be available for sale in
in the Fall of 2022.
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COMMUNITY SUPPORT OF THE NEED FOR AFFORDABLE HOUSING
One needs only to read one of the two daily newspapers or listen to the local NPR broadcast to understand the need for
additional affordable housing in our community, as well as for its preservation. These observations are well supported by
longitudinal empirical data.
The recently published results of the 2021 Pitkin County Community Survey also highlighted the community
interest in affordable housing: “Respondents were asked to identify County services and initiatives provided
by the County that they thought should receive the most emphasis, from County leaders, over the next two
years. Forty-nine percent (49.4%) of respondents selected the County’s efforts to address affordable housing,
including quality and quantity, as one of the most important services for the County to provide.”
>>> https://civicclerk.blob.core.windows.net/stream/PITKINCOCO/ca4b2f6d-8481-4c26-98a4-b27638d5d0bc.
pdf?sv=2015-12-11&sr=b&sig=gCFmloI5R0e4y3Q2O0MoRhm3W%2FvCIJKeV1r1Iqx2mfY%3D&st=2022-01-
17T20%3A25%3A08Z&se=2023-01-17T20%3A30%3A08Z&sp=r&rscc=no-cache&rsct=application%2Fpdf
The 2018 City of Aspen Resident Survey cited “Ensuring the availability of adequate workforce housing at a
reasonable cost to rent/purchase” as an essential area for the City government to take action, falling just behind
protecting the quality and quantity of water in the Roaring Fork River.
>>> https://www.cityofaspen.com/ArchiveCenter/ViewFile/Item/500
Similar results are seen in the 2016 Resident Survey, where “Ensuring the availability of adequate workforce
housing at a reasonable cost to rent/purchase” again fell just behind Roaring Fork River water quality and
quantity concerns, but tied with “Managing traffic in town more effectively” for third place.
>>> https://www.cityofaspen.com/ArchiveCenter/ViewFile/Item/53
The 2015 Resident Survey did not include a Roaring Fork River question. In this survey, “Ensuring the availability
of adequate workforce housing at a reasonable cost to rent/purchase.” was the top response.
>>> https://www.cityofaspen.com/ArchiveCenter/ViewFile/Item/52
Burlingame Ranch
2021 Pitkin
County
Community
Survey
2018 City
of Aspen
Resident
Survey
2016
Resident
Survey
2015
Resident
Survey
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14
READINESS ASSESSMENT
STAFFING
Department & City’s Affordable Housing Development Fund
Currently, the City of Aspen has one full time employee in the Capital Asset Department dedicated to the planning
process for new affordable housing developments. Other full-time staff members from the Capital Asset Department
provide construction management support during City-developed projects.
Collaboration with staff from other departments is often leveraged during the planning process and may include
staff from the City Manager’s and City Attorney’s offices, Finance, Community Development, Engineering, Building,
Transportation, Parks, Utilities, Environmental Health and the Aspen Pitkin County Housing Authority.
Funds from the City’s Affordable Housing Development Fund are otherwise typically used to staff projects as needed with
third party professional and/or technical consultants on a project-by-project basis.
Community Development
Community Development has several staff members who focus on the development, implementation, and refinement of
policies that support affordable housing development. During the 2022 Moratorium, Community Development staff will
be working directly on new policies to support City Council’s affordable housing goals. As part of this work, significant
analysis will be conducted that will support improvements to affordable housing efforts beyond the period of the
Moratorium.
APCHA
Compliance: APCHA has two primary staff members who work part time on compliance, namely the Compliance, Policy
& Systems Manager and APCHA’s outside attorney. APCHA’s Executive Director and Deputy Director also participate in
compliance efforts.
Qualifications: Two Qualification Specialists at APCHA ensure that the people who rent or purchase APCHA deed
restricted property meet the requirements as defined in APCHA Regulations.
APCHA Housing Sustainability: General upkeep of rental and ownership properties.
• Rental housing sustainability for city-owned properties (Truscott, Aspen County Inn and Marolt), is managed by
APCHA’s two-member Property Management Team and four-member Maintenance Team.
• Housing sustainability for individual ownership units is a topic the APCHA Board began to address in April 2021,
supported by the Assistant City Manager, APCHA Executive Director, Deputy Director and the Compliance,
Systems and Policy Manager.
• Housing sustainability by Home Owners Associations of condominium and other multi-family developments is a
topic the APCHA Board would like to address in the future. APCHA staff will propose hiring a HOA Specialist
in the future to support this effort as well as to help HOAs of APCHA deed restricted properties with capital
reserve planning.
City Manager’s Office
The City Manager’s Office will be hiring a full time Housing Policy Analyst in the spring of 2022. Additionally, the City’s
Assistant City Manager works part-time on housing topics.
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FINANCIAL CAPACITY ON REQUESTED TIMELINE
Since 2000, over $240 million in dedicated revenues has been invested into the
ongoing operation and expansion of the Aspen Pitkin County Housing Authority
affordable housing inventory. This includes the development of the completed
projects listed above as well as funds invested in upkeep and operation of existing
City-owned facilities.
Funds from this revenue stream are also budgeted annually toward the operation
of the Aspen Pitkin County Housing Authority (APCHA), and those funds are
also matched by Pitkin County. (The table to the right does not include such Pitkin
County funds.)
Funds have also been invested in land banking opportunities for future housing
developments.
Year Housing Fund
Revenues
2000 $5,302,335
2001 $4,845,133
2002 $4,751,964
2003 $8,543,109
2004 $8,090,180
2005 $12,773,154
2006 $14,000,177
2007 $14,075,761
2008 $12,001,447
2009 $8,373,748
2010 $8,321,575
2011 $9,752,953
2012 $8,986,581
2013 $9,584,101
2014 $11,590,103
2015 $13,039,396
2016 $10,084,871
2017 $13,422,231
2018 $13,042,701
2019 $13,784,319
2020 $21,009,309
2021 EST $38,147,667
2000-2021 $243,808,166
Truscott
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A SWOT Analysis tool helps an organization to identify, at a high level, major internal and external Strengths,
Weaknesses, Opportunities and Threats.
•Strengths and Weaknesses are focused internally: What do we do well and where could we improve?
What resources do we have and what resources do we need.
•Opportunities and Threats are externally focused: Outside of our organization, what
opportunities exist? What threats could harm our efforts? What is happening in the market
that could help or hurt us?
STRENGTHS
• Community Support
• City Council Commitment
• Financial Resources
• Knowledgeable Staff
• 3,200 Affordable Housing Units
• Pitkin County Partnership
• Ability to hire outside private-sector
resources
WEAKNESSES
• Maintenance Costs
• Ability to access financial resources quickly
• Development Neutral solutions alone can’t
solve the problem
• Staff workload limits ability to take on new
projects
• Buying down existing free-market
residential and converting to affordable
housing is prohibitively expensive
• Highly dependent on outside resources
OPPORTUNITIES
• Land Acquisitions
• Partnerships with
private & public entities
• Pitkin County potential for county-wide tax
• Regional partnerships
THREATS
• Scarcity of land
• Cost of Construction
• Increased housing costs in entire Roaring
Fork Valley
• Deferred maintenance and escalating
cost of capital repairs in privately-owned
affordable housing HOAs
• Inability of affordable housing residents to
move into free market units in the future
HELPFUL
SWOT ANALYSIS
HARMFUL
EXTERNALINTERNAL111
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2022-2026 — Affordable Housing Strategic Plan
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ACTION PLAN
DECISION MATRIX
Ajax Apartments
Weight on a scale from 1 to 5, where 5 is high 5 3 4 4 5
Category Action Item
Development Neutral Replace Expiring Deed Restrictions with
Permanent Deed Restrictions 4 5 4 5 5 23 96 1
New Development Complete Lumberyard Project 5 4 3 4 3 19 80 2
New Development Complete Burlingame Phase 3 Project 4 3 2 4 5 18 78 3
Policy Community Development Policy Actions 3 4 5 5 2 19 77 4
Policy Certificates of Affordable Housing
Program Enhancements 3 4 5 5 2 19 77 5
Policy Develop Financial Resources for Construction,
Expiring Deed Restrictions & Land Banking 3 4 5 5 2 19 77 6
Development Neutral Incentivize voluntary downsizing 3 5 4 5 2 19 76 7
New Development Partnerships 2 4 2 5 3 16 65 8
Compliance & Sustainability APCHA Compliance Actions 1 4 5 5 1 16 62 9
Policy APCHA Policy Actions to increase
number of available units 1 4 5 5 1 16 62 10
Compliance & Sustainability APCHA Policy Actions to improve the
sustainability housing inventory 1 4 5 5 1 16 62 11
Development Neutral Additional Development Neutral Program Elements 3 4 1 5 2 15 61 12
New Development Land Banking 5 2 1 5 1 14 60 13
New Development Regional Collaboration 2 1 3 4 2 12 51 14Quantity of Affordable Housing UnitsProximity to Services Lower Cost: Most efficient use of land & dollarsSupports AACPHow quickly AF units will be realizedRaw ScoreWeighted Score Rank112
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18
ACTION:
Replace Expiring Deed Restrictions
with Permanent Deed Restrictions
ACTION ITEM OWNERS
Scott Miller, Chris Everson, Pete Strecker, Matthew Gillen
OVERVIEW
There are hundreds of deed restrictions with a sunset clause based on some
triggering event in the future. When those deed restrictions expire, they will be
gone forever. The goal should be to preserve the deed restriction permanently
and provide for the preservation of the integrity of the housing unit associated
with that deed restriction.
After identifying all known expiring deed restrictions, several tools for
preservation of those deed restrictions should be identified and the pros and
cons of each one explored.
Those tools include:
• Purchase the deed restriction and re-write the terms.
• Negotiate a trade with the owner of that deed restriction for
something of value.
• Enforce existing land use code, requiring replacement of
some deed restrictions.
• Legislate new land use code, requiring replacement of
some or all deed restrictions.
• Council and staff then need to actively pursue a strategy for
implementing these tools on an as-needed basis as
opportunities present themselves.
ESTIMATED TIMELINE
Spring 2022:
Update the inventory expiring deed
restrictions.
Summer 2022:
Council worksession to discuss recent
attempts to preserve deed restrictions
& explore the list of possible tools.
Summer 2022:
Include the identified tools into the
Housing Strategic Plan.
Fall/Winter 2022:
Land Use Code (LUC) updates, in
coordination with other potential
amendments to the LUC. There is a
high likelihood that other actions will be
necessary beyond changes to LUC.
HOW THIS ACTION
INCREASES THE NUMBER
By preserving existing deed-restriction now, no
ground will be lost. We will not need to replace
these units with new units simply to get back to the
status quo.
CONNECTION TO AACP
The AACP states that “The provision of affordable
housing remains important” but, “we cannot build
our way out of this challenge.” Preserving existing
deed-restricted housing stock eliminates the need
for entitling and building new deed-restricted
housing on a one-to-one ratio. To the extent that
this can be accomplished, this saves the community
development dollars and the environmental
impacts of construction.
Development Neutral
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ACTION:
Complete Lumberyard Project
ACTION ITEM OWNERS
Scott Miller & Chris Everson
OVERVIEW
The City of Aspen’s Lumberyard affordable housing project site is located just south
of the Aspen airport business center on the east side of Colorado state highway 82.
The City anticipated the development of affordable housing in the area of the current
project site and purchased part of the site in 2007. Later in 2020, the City purchased
the 3-acre Aspen Mini Storage property, bringing the total project site area to about
10.5 acres.
In 2019, Aspen City Council directed the start of a community outreach and conceptual
design process which included a process of community engagement and feedback
to help inform the design process. The 2019 outreach and conceptual design effort
helped to establish that the City should provide a variety of unit types, serving a mix
of demographics, and that the site is appropriate for larger buildings and potentially
higher density than may be appropriate elsewhere. Since parking is challenging at the
airport business center, there was a sentiment that the development should be careful
not to make the parking challenge worse by under-parking any development at the
Lumberyard site. It was also decided that childcare is needed in the community and may
be appropriate at this site
The conceptual design effort studied unit counts ranging from 140 units up to 500+
units, and given the affordable housing crisis in Aspen, City Council set their aim at 310
units of affordable housing to be designed for the site. In order to accommodate the
higher-than-usual density for the site, and to mitigate the impacts of the development
to create a livable neighborhood, it was necessary to explore the use of underground
parking and 4-story building massing. In late 2020, the project team presented a
conceptual master plan with 310 units and 100% underground parking.
Prior to beginning a schematic design process, Aspen City Council had concerns
about impacts of 100% underground parking, building spacing, height, orientation and
highway and airport noise. These concerns and much more are currently being reviewed
through a process of community engagement and City Council feedback, with Aspen
City Council weighing in on the evaluation of four potential site arrangements.
The project aims to create 200+ rental units and 100+ ownership units for the purpose
of housing local community workforce, qualified based on the Aspen Pitkin County
Housing Authority regulations.
To be successful, the project effort will bring together necessary funding to begin
construction of access and infrastructure at the project site in 2024, with phases
of housing development to follow thereafter. With the continued schematic design
process ongoing, a development application is anticipated in mid-2022 and the land use
approval process will be pursued at that time.
ESTIMATED TIMELINE
2022:
Complete Schematic Design, Submit
Development Application for Approval
Process
2023:
PD Recording, Construction Documents,
Building Permit Application Process
2024:
Target for Access & Infrastructure
Construction Start
2025:
Target for First Phase of Housing
Construction to Start
2027:
Target for Occupancy of First Phase of
Affordable Housing
2028+:
Remaining Phases of Housing
Construction and Occupancy TBD
HOW THIS ACTION
INCREASES THE NUMBER
The Lumberyard Project is anticipated to yield
approximately 310 affordable housing units
CONNECTION TO AACP
The creation of affordable housing in the Aspen
area reduces pressures on the valley-wide
transportation system by providing housing
opportunities for local workforce nearer to where
they work and reduces the amount of time spent
commuting for workforce, significantly improving
quality of life. This effort similarly reduces air
quality impacts associated by reducing total
commuter miles.
New Development
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ACTION:
Complete Burlingame Phase 3
ACTION ITEM OWNERS
Scott Miller & Chris Everson
OVERVIEW
Two prior phases have been completed, with a total of 177 affordable units at Burlingame
Ranch. This thriving neighborhood is home to a diverse working population including
many families and children. The third phase of building is currently in process as
of March 2021. The current construction effort will create 79 additional affordable
condominium units in 8 buildings, along with associated landscape and infrastructure.
There are also two remaining single-family units to be constructed before the
subdivision is complete.
The current construction effort utilizes factory-built modular building construction
to shorten the construction timeline and to minimize on-site construction impacts to
the surrounding neighborhood. Foundations are constructed on the site, and modular
buildings are trucked in, lifted and carefully placed, and assembled to completion on the
site. Site retaining, roadway infrastructure, and landscape work is also part of the effort.
The Burlingame Ranch Phase 3 project effort will deliver 79 new affordable ownership
condominiums to Aspen and Pitkin County’s inventory of affordable housing, and sales
are expected to begin September 2022. The architectural character, unit sizes and
interior configurations are consistent with the previous phase
Phase 3 includes carport structures which allow each unit to have one assigned, covered
carport parking space with attached storage closet. There will also be an equal number
of uncovered surface parking spaces to reach an overall parking capacity of 2 parking
spaces per unit. Terms of use for all parking spaces is expected to be governed by the
new phase 3 condominium homeowner’s association, which will be set up in the same
manner as the two existing condominium associations which exist at Burlingame Ranch
already.
Adjacent to public parks and Open Space, the landscape for phase 3 will be integrated
with the prior phases and includes numerous open lawn areas, hundreds of trees and
shrubs, and walkway connections to create a highly accessible community. Those internal
walkway connections are also integrated into the larger trail connection plan, and the
facility will utilize an irrigation system equipped with a raw water source to avoid the use
of potable water for the purpose of watering.
The phase 3 residential program consists of approximately 84,000 square feet of livable
area within a total of 79 condominium units. The condominium units are a mix of flats
and multi-level townhomes with (25) 1-bedroom flat units, (12) 2-bedroom flat units, (5)
2-bedroom townhome units, (23) 3-bedroom flat units, and (14) 3-bedroom townhome
units.
Unit sales for these 79 new affordable homeownership units beginning September
2022 are anticipated to be facilitated by the Aspen / Pitkin County Housing Authority
(APCHA) and are expected to be done via a lottery process. The income levels to be
served by these units is expected to be APCHA income categories 2 through 5, although
the specific details of the number of units in each category and further details of the
sales process will be more closely defined throughout the remainder of 2021 and in the
coming months.
ESTIMATED TIMELINE
Burlingame Phase 3 units
scheduled for sale fall 2022.
HOW THIS ACTION
INCREASES THE NUMBER
Burlingame Phase 3 will result in 79 new ownership
units.
CONNECTION TO AACP
The first phase of Burlingame Ranch affordable
housing was built in 2006.
While land banking is not specifically called out
in the AACP as a strategy, the primary outcome
of the 2007 Housing Summit was to encourage
additional “land banking,” which ultimately resulted
in the purchase of the BMC West property, a
parcel at 488 Castle Creek Road and others.
The 2008 Affordable Housing Plan evaluated
15 potential sites for affordable housing units,
identifying a range of up to 685 possible housing
units.”
New Development
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Community Development works continually to better coordinate the AACP and the
LUC in the creation of affordable housing development opportunities. During the 2022
Moratorium, staff will work directly on several affordable housing- related improvements
to the LUC. The overview below identifies potential policy changes to be evaluated and
proposed during the Moratorium and beyond.
Additionally, Community Development and APCHA will work collaboratively on a number
of these items.
OVERVIEW
• The Land Use Code (LUC) is the mechanism for exacting housing mitigation (units,
fees, credits) from residential, lodge, and commercial development activities. In the
GMQS standards, the creation of FTEs from development activities is the basis for
the system of private sector affordable housing (AH) development.
• There are numerous tools available to ComDev to alter the regulatory, development,
and finance landscape to deliver additional affordable housing to the community,
including:
• Alter zoning standards to permit more density, intensity, and available land for
AH development within the City Limits.
• Create an AH overlay zone over appropriate zone districts that allows for AH
development where applied and with specific standards.
• Increase employee generation and mitigation amounts to require more AH
from private development.
• Require or incentivize on-site AH development for certain project
and use types.
• Restructure the GMQS to decouple AH FTE generation, unit creation, and fee
extraction from development. Assess a fee or tax or certain uses to generate
revenue for AH development, buy-down programs, land acquisition, and AH
development subsidies.
• Alter development review processes to streamline AH development reviews
that meet specific standards.
• Revise development fees to lower costs to AH development.
• Create an impact fee for certain uses or development types which creates a
revenue stream to offer financial subsidies for private sector AH development.
• Affordable Housing by Right in Every Zone
• In addition to the LUC, the AACP is another key tool for encouraging more AH
development over time. The next AACP update could include the following to ensure
more AH is developed:
• Identify, annex (as necessary), and zone specific lands within the UGB for AH
development.
• Tie utilities extension policies outside the City Limits and existing service area
to AH development standards.
• Create policies for the UGB which preclude development of lands within the
UGB for uses other than or prioritizing AH.
• Create policies tying transit MMLOS and transportation network service
extensions to AH development standards.
• Create policies identifying lands in the UGB for AH-focused TOD
developments.
• Adopt clearly articulated land banking policies targeting specific properties in
the UGB appropriate for acquisition and AH development.
ACTION:
Summary of Community Development Policy
Recommendations
ACTION ITEM OWNERS
Phillip Supino & Ben Anderson
ESTIMATED TIMELINE
Once work on the moratorium is
complete, Community Development
staff will revisit this Action Item to
provide a more robust plan.
HOW THIS ACTION
INCREASES THE NUMBER
By ensuring the City’s regulations, policies, and
development and impact fees extract AH units
and revenue commensurate with the employment
generation and community housing impacts.
Further, by leveraging regulatory processes and
police powers to ensure the community gets the
development needed to achieve adopted City
policy.
CONNECTION TO AACP
The following AACP statements (among others)
support this action item.
I.1. Achieve sustainable growth practices to
ensure the long-term viability and stability of our
community and diverse visitor-based economy.
VII.1. Study and quantify all impacts that are
directly related to all types of development.
VII.2. Ensure that all new development and
redevelopment mitigates all reasonable, directly
related impacts.
VIII.1. Restore public confidence in the
development process.
VIII.2. Create certainty in zoning and the land
use process.
II.5. Redefine and improve our buy-down policy
of re-using existing housing inventory.
III.2. Promote broader support and involvement
in the creation of non-mitigation Affordable
housing, including public-private partnerships.
IV.2. All affordable housing must be located
within the Urban Growth Boundary.
IV.3. On-site housing mitigation is preferred.
IV.5. The design of new affordable housing
should optimize density while demonstrating
compatibility with the massing, scale, and
character of the neighborhood.
Policy
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OVERVIEW
The AH Certificates program is more than a decade old. The program has included
new projects, conversions of freemarket units to deed-restricted, and the use of
historically designated properties – all completed by developers in the private
sector. Other than the land use reviews, the City of Aspen did not have to expend
any resources in the development of these units. The FTEs generated by a project
are typically determined by the number of bedrooms in each unit in the project.
Categories of the units are assigned in the deed-restrictions. For the completed
projects, all have been created in Categories 2, 3, and 4. There have been 109
FTEs generated by completed projects to date, with another 43 – either with Land
Use approval or in Land Use Review.
A number of program enhancements have been identified as necessary to improve
program effectiveness, respond to market dynamics, ease program administration,
and ensure the maximization of the benefits to the community and developers
provided by the program. Those program enhancements include:
• permitting program participants to leverage outside tax benefits and
financing to develop AH units for credits;
• aligning the value of a credit with the real-world occupancy of an AH unit;
• ensuring alignment between the value of a credit and the cost to build an
AH unit;
• offering City financial incentives to credits developers to lower barriers to
credits projects;
• improved tracking of credit market dynamics including sale price and
supply and demand.
More detailed program analysis is needed to
determine the full list of possible program
enhancements which could include queue
priority for building permit reviews as
the potential for developer assistance or
partnering. As it is included in the Land Use
Code, the normal LUC amendment process
is required to alter the program.
Since its inception, the AH Certificates
program has succeeded in motivating
private sector development of non-
mitigation AH units. The credits created
by those developments has provided
flexibility to private sector development to
meet its mitigation requirements through
the extinguishment of those credits. This
symbiotic relationship has provided benefits
to both sides of the credits equation.
However, analysis is needed to determine
if the credits program has resulted in more
AH units that would have been required of the same private sector development
activities over the same period of time.
ACTION:
Certificates of Affordable Housing Program Enhancements
ACTION ITEM OWNERS
Phillip Supino & Ben Anderson
ESTIMATED TIMELINE
2022-2023:
program analysis, stakeholder outreach,
ordinance development, Council action
HOW THIS ACTION
INCREASES THE NUMBER
Maximizing the effectiveness of the program will
incentivize private sector AH developers to build
new units, or convert free-market into deed-
restricted affordable units.
CONNECTION TO AACP
The following AACP statements (among others)
support this action item.
I.1. Achieve sustainable growth practices to
ensure the long-term viability and stability of our
community and diverse visitor-based economy.
I.5. Through good land use planning and sound
decision-making, ensure that the ultimate
population density of the Aspen Area does not
degrade the quality of life for residents and the
enjoyment of visitors.
V.2. Facilitate the sustainability of essential
businesses that provide basic community needs.
VII.2. Ensure that all new development and
redevelopment mitigates all reasonable, directly
related impacts.
II.1. The housing inventory should bolster our
socioeconomic diversity.
II.2. Affordable housing should be prepared for
the growing number of retiring Aspenites.
III.2. Promote broader support and involvement
in the creation of non-mitigation Affordable
housing, including public-private partnerships
TABLE 7. AH CERTIFICATES
PROJECTS SINCE 2012
Completed Projects FTEs Generated
301 W. Hyman 14
313/317 AABC 24
210 W. Main 18
518 W. Main 29.66
834 W. Hallam 18.75
815 Vine 3
829 W. Bleeker 1.25
TOTAL 109 FTEs
Projects with approval
or in review
FTEs Proposed
611 W. Main 15.9
1020 E. Cooper 14.1
1235 E. Cooper 12.7
TOTAL 42.7 FTEs
Policy
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OVERVIEW
Taxes
• Current tax collections dedicated to affordable housing (1.0% RETT and 45%
of 0.45% sales tax) sunset 12/31/2040 (Resolution #81, 2008).
• Sales tax collections have been relatively stable, with annual escalation of
about 4-5% per year. RETT collections are extremely volatile & after the recent
two years of record transaction and price appreciation, it is anticipated that
there will be softness in the coming year(s) that will affect collections.
Debt Obligation
Types of debt issuances possible depend on project:
• General Obligation debt – full faith and credit of the City would back this
issuance, but then would require voter approval. Will ensure best borrowing
rate possible. This could allow for an ownership type product to be produced
and sold, and would allow for some immediate payback into the fund when
units are sold.
• Tax Revenue Bonds – This would again require voter approval and would be
limited in the size of the issuance to the pledged resources (tax collections
generated by the sales or RETT taxes) to meet annual repayment terms. Best
leveraged in conjunction with extension of existing taxes noted above, to
maximize the duration for the payback term.
• Certificates of Participation (COPs) can be issued if willing to pledge a city-
owned asset of equal value (either can be the project itself or another asset(s))
– if it were the project, it would then mean the project would be rental units.
This would likely yield a borrowing rate that is one notch below the best rate
the City could achieve under a General Obligation type issuance.
• Does not create new resources but rather just changes the availability of
resources to achieve goals sooner (pledges future resources today and
therefore not available in the future)
• Debt is best for creating or acquiring new assets. It is not as good an option for
preservation of deed restrictions (but is possible).
Establishment of New Sources
• Exploration of new fees to supplement existing tax revenues and other
affordable housing mitigation collections (also under review).
• Collaborate with other jurisdictions to further a regional tax to support greater
housing preservation and development.
ACTION:
Develop Financial Resources for New Construction,
Expiring Deed Restrictions & Land Banking
ACTION ITEM OWNER
Pete Strecker
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
Specifics around any projects are needed to
best match debt issuance options for the desired
outcomes and to maximize the City’s credit rating
wherever possible. Until this is developed, any
debt issuance discussion is premature.
New fee creation will be explored during
the current land use moratorium period and
options will be brought forward to Council for
consideration.
CONNECTION TO AACP
Financing is a required component of any new
affordable housing acquisition or development.
Tax extensions and voter approval for debt
issuance authority are subject to regular
election cycles and would need to be
coordinated with that in mind, plus any
voter outreach effort prior to those voting
periods.
Fees can be adopted at any time, via the
City ordinance process. This will require
two readings and public review period.
Policy
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ACTION:
Incentivize voluntary downsizing to recapture & utilize
unused bedrooms in the existing inventory
ACTION ITEM OWNERS
Chris Everson & Matthew Gillen
OVERVIEW
There are potentially 400+ underutilized bedrooms within the existing inventory.
Subsidies for the creation of each new bedroom can be some $150,000+ per
bedroom for new development. If incentives can be provided for owners/tenants
with unused bedrooms to move to a smaller unit and free up the unused bedrooms
so that they may be utilized to house people, and if this can be done at a lower cost
than developing new bedrooms, then this can save resources such as development
dollars, staff time and the environmental impact of construction.
Actions/tools needed may include:
• Incentive calculation which multiplies the fee in lieu at the category of the
bedroom being traded in by the number of FTE slots being freed up and
adjusting for depreciation. The amount of the incentive should be less than
the subsidy of developing a new bedroom.
• The household which is downsizing may apply their incentive, which is
provided from the 150 Fund, to the purchase or rental of an existing or new
unit, when available, and will receive lottery priority to do so.
• Research and inventory specific units with vacant bedrooms and
communicate incentive to owners/tenants
Draft policy for implementation may include:
• Allow priority in lottery for re-location of target households, target
households should be able to use their priority to move to an existing or
new smaller unit as those come available.
• Implement policy with approval from APCHA board and City Council (for
use of 150 funds)
• Prepare incentive offers and agreements, target specific households for
solicitation of incentive
• Possibly of offering the downsizing household the ability to qualify using
their original category or current category, whichever is lower
• Evaluate the potential use of the Affordable Housing Certificates program
ESTIMATED TIMELINE
Spring/Summer 2022:
Research and inventory specific units
with unutilized bedrooms
Spring/Summer 2022:
Draft policy for implementation - Include
incentive calculation methodology
and priority in lottery for re-sales and
available rentals for re-location of target
households, target households should
be able to utilize their downsizing
incentive for a move to an available
existing (smaller) unit or a newly
developed (smaller) unit as those come
available
Summer/Fall 2022:
Discussions with APCHA Board &
Aspen City Council
Winter 2022/2023:
Implement policy with approval from
APCHA board and City Council (for use
of 150 funds)
Winter/Spring 2023:
Prepare incentive offers and target
those specific households for solicitation
of incentive
HOW THIS ACTION
INCREASES THE NUMBER
By incentivizing downsizing to recapture and
utilize unused bedrooms in the existing inventory,
we can maximize the utilization of the existing
housing stock.
CONNECTION TO AACP
The AACP states, “Deed-restricted housing
units should be utilized to the maximum degree
possible.” For every unused bedroom that
can be recaptured and utilized, this saves the
community development dollars, staff time and the
environmental impact of construction.
Development Neutral
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ACTION:
Partnerships
ACTION ITEM OWNERS
Chris Everson & Scott Miller
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
Under the right conditions, partnerships
can increase the pace of affordable housing
development or redevelopment.
CONNECTION TO AACP
012 AACP appendix
III.2 Promote broader support and involvement
in the creation of non-mitigation Affordable
housing, including public-private partnerships.
(Collaborative Initiative, Incentive Program)
II.2.a Establish a working group of people who
represent the City, County, public agencies,
and the private sector to implement the policy.
Explore models of producing affordable housing
units, including quasi-public housing development
corporations. (I - APCHA, Housing Frontiers,
City and County Managers, private sector, taxing
districts)
II.2.b Explore the creation of a program where
the City or County would provide a tax benefit,
payment or life-estate planning or other financial
incentive to a free-market homeowner to include
their property in the City/County’s land banking
for future affordable housing. (I - City Manager,
County Manager)
II.2.c Explore creating a program for deed
restrictions for a defined duration. (I - APCHA)
II.2.d Explore the benefits of expediting specific
affordable housing projects through the
development and construction phase.
OVERVIEW
Partnerships for Affordable Housing typically fall into three categories, (1) between
one or more governmental jurisdictions, (2) between a government and a non-profit,
and (3) between a government and private sector organizations.
The most common type of partnerships between one or more governmental
jurisdictions involves a city partnering with other cities to create an entity similar
to a housing authority. Some housing authorities have taxing authority, others do
not (APCHA). Local governments frequently form partnerships with non-profit
organizations to operate a housing program or manage a public housing project.
Sometimes the non-profit organization is eligible for grants that a governmental
jurisdiction is not. Non-profits also appeal to philanthropic organizations and
individuals who can claim tax deductions for making contributions.
Public–private partnerships (P3s or PPPs) often involve agreements among one or
more government entities and one or more private sector companies to design,
build, finance, operate, and/or maintain projects, facilities or operations which may be
funded and operated through a partnership of government and one or more private
sector companies. PPPs can be effective, but also bring challenges such as land cost,
funding, connections to the free market, expiring deed restrictions, and misalignment
of values.
Agreements to design, build, operate and maintain can be complex and can be effort-
intense to put in place and may incur significant legal fees due to the need to hire
attorneys to write complex, binding legal agreements which include arrangements
and terms that require certain obligations and guarantee and secure the cash flows
and involve outside funding mechanisms as well as management terms.
But PPPs can bring some benefits to the development process. Project risks can
be transferred to private partners, and greater price and schedule certainty can be
achieved. There can be opportunity for innovative design and construction techniques,
and public funds can be freed up for other projects or purposes. These potential
benefits come with limitations such as increased financing costs, limited flexibility and
often few bidders to partner with on such projects.
The amount of effort and/or risk taken on by a government or quasi-government entity
may be modified by including more or less of a role in the service or facility being
created. A PPP may be created so that the government or private sector partners
take on more or less of the work to create the service or facility sought.
Risks and/or activities transferred in PPP Agreements may include design,
construction, financing, operations, maintenance and may even include reversionary
rights. Financing risks may include financing costs, inflation, design/construction risks,
unforeseen project site conditions, permitting, and more. Operation and maintenance
risks may include facility maintenance and operations, future unforeseen conditions,
underutilization of assets, rent risks, and more.
In considering where to place itself on the spectrum, public agencies need to consider
questions about benefits of private sector innovation, benefits to accessing private
financing, private-sector performance incentives, and other private-sector tools which
public agencies may have difficulty managing.
New Development
No specific timeline can be
established for partnerships
at this point.
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OVERVIEW
APCHA has a compliance program to ensure affordable housing units are housing
people who qualify with APCHA’s rules and regulations, as created by APCHA’s
Board of Director. Concurrently, APCHA fully supports keeping qualified people
in their units.
APCHA’s compliance process starts with qualifications. APCHA is continually
seeking to improve performance to ensure that qualified buyers and renters
receive all due consideration during the qualification process, and that unqualified
applicants do not proceed in the process and are clearly and transparently
informed. Similarly, APCHA residents must comply with APCHA regulations,
including but not limited to, residency and work qualifications. It is APCHA’s
responsibility to the Aspen community to resolve noncompliance fairly and swiftly.
• Automated identification of violations: APCHA cross references the list
of all APCHA property with the City’s short term rental database.
• Voluntary reporting of violations: “Report a Concern” is a button on
APCHA’s website homepage. This allows members of the community to
notify APCHA of violations. Importantly, it can be difficult for APCHA to
investigate some compliance cases if the reporting individual is anonymous.
• Hearing Officer: APCHA has hired and outside hearing officer to resolve
compliance cases where needed.
• Outreach and Communication: The best way to maintain compliance
is education. APCHA is revamping its communication and outreach
strategies with an emphasis on interactive, accessible forums and
education.
ACTION:
APCHA Compliance Actions
ACTION ITEM OWNER
Matthew Gillen
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
Compliance actions are important because
they ensure that affordable housing units
are being occupied by individuals who meet
the qualifications as outlined in the APCHA
Regulations. Because Compliance is a handled on
a case by case basis and it time intensive, it does
not result in a significant increase in available units.
CONNECTION TO AACP
The plan says, “all deed-restricted housing
units should be utilized to the maximum degree
possible”, which includes ensuring that units are
used by qualified residents.
This is an ongoing effort.
Compliance &
Sustainability
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OVERVIEW
APCHA has a responsibility to maximize value to the community and efficiency
and impact of APCHA housing. A simple measure of that impact is ensuring that
APCHA houses the maximum number of individuals possible in the available
housing units. Such a simple measure however, does not take into account
the wishes, goals and needs of APCHA residents, for whose benefit APCHA
properties were constructed. People’s needs and desires change over the years,
thus APCHA must seek voluntary, flexible, incentivized programs to maximize
occupancy in APCHA units.
• Maximum age of Dependent: In November 2021 APCHA lowered the
maximum age of a dependent from 24 to 19 in the employee housing
regulations, to free up space previously used by adult dependents.
• Monitoring “Excess” Units: Through the new HomeTrek system APCHA
can now better monitor and assess unit usage.
• “Buy Down/Right Sizing”: The APCHA board will examine possible
programs to incentivize people, voluntarily, to move to small units, after, for
example retirement.
• In Complex Bidding: Currently bidders in the same housing complex have
a priority over outside bidders. This policy is an effort to sustain community
ties.
ACTION:
Potential APCHA Policy Actions to
increase number of available units
ACTION ITEM OWNER
Matthew Gillen
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
By providing residents who have outgrown their
properties an incentive – and importantly no
disincentives -- those residents may voluntarily
want to move to another unit.
CONNECTION TO AACP
The plan clearly says: “All deed-restricted housing
units should be utilized to the maximum degree
possible.”
These are ongoing policy actions,
some of which have recently been
implemented – such as the Dependent
Age – and others are still under
development or under consideration
by the APCHA Board.
Policy
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OVERVIEW
With affordable housing in the Aspen area in such short supply, APCHA has a
responsibility to obtain maximum impact and value from existing APCHA housing
stock, while also protecting residents’ rights and benefit under APCHA regulations.
Part of this effort is maintaining the sustainability and lifespan of APCHA housing
stock. Each APCHA housing unit that has lifespan extended reduces the need for
a new unit.
Owners of APCHA deed-restricted housing units are responsible for upkeep
and maintenance of their homes, but, unlike the free-market housing cannot
recoup the full value (generally restricted to 10 percent), of home improvements
upon sale. Coupled with the fact that, due to the scarcity of housing in the Valley,
sellers find buyers willing to buy less than adequately maintained homes, there are
disincentives for APCHA deed-restricted homeowners to invest and maintain their
homes. Further, some APCHA units, such as mobile homes have a limited lifespan,
and must be periodically replaced.
Actions:
• Home Inspection Program prior to Resale: APCHA has difficult role while
facilitating the sale of APCHA deed-restricted units, representing both the
seller (and preserving equity gained during the home’s ownership period),
and the buyer (ensuring the home is in acceptable or good condition to buy).
In January 2022, APCHA fully implemented a home inspection program to
improve transparency as buyers and sellers negotiate.
• Mobile Home Pilot Program: APCHA is exploring a pilot program to assist
owners of mobile homes in replacing their homes.
• Sellers Standards/Capital Repairs: APCHA will continue to monitor
and seek ways to maintain the standard of units sold by APCHA owners,
balanced with the equity of the seller.
• Ten Percent Capital Improvement Cap: The APCHA Board is currently
considering offering to homeowner who update their deed restriction
an addition ten percent capital improvement allowance to support the
maintenance of homes. This updated deed restriction also allows for capital
improvements above the ten percent cap for approved energy and water
efficiency and life/safety improvements.
• Encourage HOAs to Prepare Capital Reserve Studies: Homeowner
associations should be aware of their potential needs for capital improvement.
APCHA will be looking at the issue of HOA Capital Reserves in the future.
• Hire Contract Grant Writer: APCHA has funding and will hire a grant
writer for funding sources to support individuals who want to make repairs
to their APCHA Deed Restricted Property
ACTION:
APCHA Policy Actions to improve the sustainability of
the APCHA deed restricted housing
ACTION ITEM OWNERS
Matthew Gillen & Diane Foster
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
Maintaining existing housing units is minimizes the
need to replace or perform extensive repairs on
units.
CONNECTION TO AACP
The Aspen Area Community plan calls for
deed-restricted housing units to “be used
and maintained for as long as possible, while
considering functionality and obsolescence.”
These are ongoing policy actions,
some of which have recently been
implemented – such as the Home
Inspection Program – and others are
still under development or under
consideration by the APCHA Board.
Compliance &
Sustainability
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OVERVIEW
This program has not yet been fully fleshed out. Staff from multiple departments,
including and importantly, Community Development, will need to work on this post
moratorium.
The development neutral program will pursue two different paths. First, policies
and investments will be explored that would lead to the conversion of existing
free-market units into deed-restricted affordable units. Second, the potential of
new streams of revenue form currently unmitigated economic activities and the
high value of real estate will be evaluated.
The revenue would mitigate impacts to the community from real estate
speculation, development, and resulting demands for services. The development
neutral program supports of number of complimentary policies, including
promoting appropriate residential density, re-using and sustaining existing
buildings, mixing free-market and AH units within neighborhoods, and requiring
development to mitigate for its impacts.
Specifically on the topic of “buydowns”/ purchase of free market property for the
purpose of converting to affordable housing: While past plans have supported
“buy-down” alternatives, there has been little comprehensive effort in this regard.
A “buy-down” program may be an expensive proposition, but this plan calls for
exploring it more thoroughly. The idea is to finally determine if the community is
willing to pay the price for providing long-term affordable housing by converting
existing free market homes, and or affordable housing, rather than building new
homes. This type of program has two significant cost-related challenges:
1. Purchase of free market residential property is typically 1.5X the cost of
developing new residential property, and
2. Converting purchased free market residential property to practical, usable
affordable housing will add additional cost to this effort and could cause
the purchase/conversion process to cost 3X to 4X that of developing new
affordable housing.
It is unlikely that this could be accomplished at any meaningful scale without a 3-
to 5-fold increase to the current affordable housing tax revenues.
ACTION:
Additional Development Neutral Program Elements
ACTION ITEM OWNERS
Phillip Supino &
Pete Strecker
HOW THIS ACTION
INCREASES THE NUMBER
By exacting taxes to generate new revenue, the
City will increase funds available to purchase free
market units to bring into the AH system.
CONNECTION TO AACP
The following AACP statements (among others) support
this action item.
I.1. Achieve sustainable growth practices to ensure the
long-term viability and stability of our community and
diverse visitor-based economy.
I.5. Through good land use planning and sound
decision-making, ensure that the ultimate population
density of the Aspen Area does not degrade the
quality of life for residents and the enjoyment of
visitors.
II.1. The housing inventory should bolster our
socioeconomic diversity.
II.5. Redefine and improve our buy-down policy of re-
using existing housing inventory.
III.2. Promote broader support and involvement in
the creation of non-mitigation Affordable housing,
including public-private partnerships.
IV.2. All affordable housing must be located within the
Urban Growth Boundary.
IV.3. On-site housing mitigation is preferred.
IV.5. The design of new affordable housing should
optimize density while demonstrating compatibility
with the massing, scale, and character of the
neighborhood.
The current buy-down policy permits development with
an AH mitigation requirement to fulfill that requirement
through the purchase and deed-restriction of a free-
market housing unit, adding it to the APCHA system. In
the years since the creation of this policy, free market
housing has increased exponentially in value. Therefore,
individual buy-down units are a far less financially viable
option for development with a mitigation requirement
versus the purchase of AH credits or paying cash-in-lieu.
Simultaneously, the community has seen a significant
decrease in commercial development and, therefore,
the creation of new FTEs requiring housing units as
mitigation. This and other trends have reduced the
prevalence of the development of on-site AH units.
These dynamics have combined to decrease the number
of AH units brought into the system by the private sector,
relying instead on AH credits and City-built projects
to deliver the bulk of new AH units in recent years. It
has also increased the rate of population decline in
residential neighborhoods, undermining city policies
related to a healthy lived-in community, a diversity of
housing types and occupants in neighborhoods, and the
maximum utilization of residential housing units in town.
ESTIMATED TIMELINE
2022: economic analysis, case studies and
legal analysis, legislative development
2023: legislative process, TABOR vote
Ongoing: program development and
management
Development Neutral
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OVERVIEW
By definition, land banking is the process of acquiring and holding land for future
development, re-development, or land trade.
Success requires cohesive partnerships among a variety of stakeholders and
all levels of government, as well as confidentially. As land is a finite resource,
acquiring sites for future use as affordable housing preserves future opportunities
for the City to act typically in partnership with a private contractor. The investment
in the land can serve as a way to secure more financing options and at more
favorable terms. Land banking positions the City to take advantage of favorable
market conditions.
Due to the nature of property acquisition in the public sector, specific properties
cannot be mentioned. Infill development alone cannot address mounting
affordable housing demands. City Council’s policy direction regarding land
acquisition is to consider any and all acquisitions, including partnerships.
Actions:
1. Continue to seek appropriate land for land-banking.
2. Consider an incentive program for sellers ??? Dedicate housing to family
name, other family incentives of value? Consider a tongue in cheek “cash
for homes” marketing effort, which would probably make national news.
3. Consider creating or enabling fast-track for Council approval of potential
contract to buy when needed. For example, 1.22 acres at 688 Spruce
Street was purchased by a private buyer before staff could bring it to
Council’s attention. Land purchase price was in range of other City
projects, ended up a missed opportunity for potentially around 20 new
units.
4. Consider purchase of parcels discussed with Council in executive session.
Consider a means of public discussion for potential conversion of other
City assets.
5. AACP Appendix
III.2.b Explore the creation of a program where the City or County would
provide a tax benefit, payment or life-estate planning or other financial
incentive to a free-market homeowner to include their property in
the City/County’s land banking for future affordable housing. (I - City
Manager, County Manager)
ACTION:
Land Banking
ACTION ITEM OWNERS
Scott Miller & Chris Everson
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
The availability of additional land creates more
housing opportunities, quantifying the number
is very difficult. The increase of AH units is
dependent on several factors: zoning, mass and
scale, NIMBYism, the useful amenities available
to the community, good design, incorporation of
smart growth principles.
CONNECTION TO AACP
The AACP provides guidance with respect to:
• Continuation of the Aspen Idea
• Environmental Stewardship
• Sustainable development
• Emphasis on quality and livability
• Addresses Housing and Daycare needs
Ongoing
New Development
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OVERVIEW
At the direction of the City Manager, city and APCHA staff have been active
participants in the Roaring Fork Valley Roadmap process, facilitated by Pitkin
County. The group has embraced the concept of collaboratively address the topic
of workforce sustainability. In October approximated fifty stakeholders participated
in a series of focus groups that included representatives from Roaring Fork Valley
nonprofits, local governments and agencies and the private sector. This group
recommended a specific focus on a regional affordable housing project, there was
also strong support for addressing issues related to diversity, equity and inclusion
as well as mental wellness.
While this project is still in its early stages, there has been active and consistent
participation from all of the Roaring Fork Valley local government staff, along with
DOLA staff. The collective and overwhelming consensus of stakeholders that more
affordable housing is needed in the Valley aligns well with City Council’s critical goal
of increasing the number of affordable housing units.
Concurrently, the Roaring Fork Roadmap team has been in discussions with a
Housing Coalition group that initiated discussions about forming some type of more
formal regional housing group. While that group had a temporary hiatus during the
early part of the pandemic, the group has been meeting again to develop a plan for
better regional collaboration around affordable housing.
Recently these two groups have discussed how working together and in
collaboration with DOLA could yield results. Staff will keep Council updated as this
project moves forward.
Unrelated to the item above, during the December 2021 City Council Housing
Retreat, the City Council expressed support for Pitkin County considering a county-
wide tax to support affordable housing. The City Council has not taken, nor have
they been asked for a formal position on this topic.
ACTION:
Regional Collaboration
ACTION ITEM OWNER
Diane Foster
ESTIMATED TIMELINE
HOW THIS ACTION
INCREASES THE NUMBER
Affordable housing is an issue facing all
communities in the Roaring Fork Valley and
beyond. Where state and federal funding for
affordable housing will likely be available, a
regional effort is more likely to be successful than
individual localities seeking funding.
CONNECTION TO AACP
While the AACP encourages partnerships, the
AACP is generally silent on regional collaboration
Staff will provide City Council an
update on progress later in 2022
New Development
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In any strategic plan that contains action items, it is also important to identify what action will not be pursued. Below
is a list of action we will not undertake at this point due to one or more of the following reasons
• Council asked staff NOT to pursue this strategy; and/or
• Lower chance of success than other strategies
These items could be pursued at a later date should Council’s policy direction change or is market conditions
change.
• Encourage new free market development in order to receive required affordable housing mitigation results
• Vail InDeed Model – Not pursing this model because
• It creates additional RO units; not the Category of units we need the most
• No rental caps
• No appreciation cap
• Buy Downs: Buying down existing free-market residential and converting to affordable housing is prohibitively
expensive, given available resources and compared to the actions which have herein been prioritized.
ACTIONS NOT CURRENTLY PRIORITIZED
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An outcome of the July 2021 City Council Retreat, City Council adopted three Critical Goals in August 2021.
The Housing Critical Goal reads as follows:
Increase number of Affordable Housing Units: In order to deliver an affordable housing
system that is high quality, sustainable, and results in a lived-in community, Council will continue
to evaluate, identify opportunities, plan, partner, facilitate, and leverage existing and new
resources to invest in the development and maintenance of affordable housing.
This will be accomplished through:
• Convening a City Housing Retreat;
• Creating an affordable housing strategic plan;
• Completing Council directed affordable housing development projects;
• Continuing to seek additional affordable housing development opportunities;
• Leveraging and amending regulations and policies in support of affordable housing; and
• Supporting continuous improvement with the APCHA program, including ensuring adequate resources.
Since August 2021 Council has been presented with updates to the Housing Critical Goal and specific actions to further
that goal on a regular basis at Regular Meetings where Council has approved policy, Work Sessions to provide staff
direction on various affordable housing projects and program and through Information Only Memos.
The three departments primarily responsible for delivering on the Housing Critical Goal – the Capital Asset Department,
Community Development and Housing/APCHA – have all already scheduled appearances before City Council and
Information Only Memos for the entire 2022 calendar year. Rather than a wholesale review of this Housing Strategic Plan,
this Plan is a living document whose contents will be updated throughout the year.
That being said, staff does plan to do an annual review of overall progress and make whatever modifications are necessary
to the plan at that time.
REVIEW PROCESS
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APPENDIX A:
HOUSING CHAPTER OF
ASPEN AREA COMMUNITY PLAN
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38
2012 Aspen Area Community Plan
HousingHousing
Vision
We believe that 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.
Philosophy
We are committed to providing affordable housing because it supports:
• A stable community that is invested in the present and future of
the Aspen Area.
• A reliable workforce, also resulting in greater economic
sustainability.
• Opportunities for people to live in close proximity to where they
work.
• A reduction in adverse transportation impacts.
• Improved environmental sustainability.
• A reduction in downvalley growth pressures.
• Increased citizen participation in civic affairs, non-profit activities
and recreation programs.
• A better visitor experience, including an appreciation of our
genuine, lights-on community.
• A healthy mix of people, including singles, families and seniors.
Many of the philosophical statements in the 2000 AACP still ring true
today:
“We believe it is important for Aspen to maintain a sense of
opportunity and hope (not a guarantee) for our workforce to
become vested members of the community. ... (We seek) to
preserve and enhance those qualities that has made Aspen a
special place by investing in our most valuable asset – people.”
“Our housing policy should bolster our economic and social
diversity, reinforce variety, and enhance our sense of community
by integrating affordable housing into the fabric of our town. A
healthy social balance includes all income ranges and types of
people. Each project should endeavor to further that mix and to
avoid segregation of economic and social classes ...”
Living in affordable housing is not a right or a guarantee, but a
privilege, carrying with it responsibilities to future generations, such as
long-term maintenance and regulatory compliance.
The creation of affordable housing is the responsibility of our entire
community, not just government. We should continue to explore
methods that spread accountability and responsibility to the private
sector, local taxing districts and others.
We continue to support the following statements from the 1993
and 2000 AACP: “Housing should be compatible with the scale and
character of the community and should emphasize quality construction
and design even if that emphasis increases [initial] costs and lessens
production, [within reason].” At the same time, new construction
should emphasize the use of durable and renewable materials in order
to improve our environmental stewardship.
We should demonstrate our commitment to future generations by
providing educational outreach regarding long-term maintenance
and regulatory compliance by adopting a strategic plan for long-term
maintenance of publicly-owned rental properties, and for handling
“unique” properties, such as those with a sunset on deed restrictions.
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39
2012 Aspen Area Community Plan
Housing
At the same time, we need a new focus on the issues surrounding
retirement in affordable housing, as we are on the brink of a rising
retiree demographic. In addition, we should continue to provide
housing that accommodates the needs of people with disabilities.
The provision of affordable housing remains important due to several
factors, including the continued conversion of locally-owned homes to
second homes, a trend of a more costly down-valley housing market
and the upcoming trend towards retirement in affordable housing.
With limited vacant land in the Aspen Area and limited public funds, we
cannot build our way out of this challenge.
Our affordable housing program is continually encountering new
crossroads that demand creative thinking, understanding and
thoughtful action.
What’s Changed Since 2000
Since the adoption of the 2000 AACP, a total of 652 new affordable
housing units have been constructed, with another 181 approved but
not yet built. By any measure, these are impressive accomplishments,
but various relevant trends have continued to challenge the goal of
establishing and maintaining a “critical mass” of working residents, as
stated in the 2000 AACP.
While the ratio of local workers living in affordable housing units
increased from 25% to 32% from 2000 to 2008, the ratio of local
workers living in free market homes dropped from 22% to 13%, the
result of continued conversion of locally-owned free market homes to
second homes.
At the same time, the economic boom period of 2004 to 2007 saw a
dramatic increase in the cost of downvalley land and homes, reducing
opportunities for Aspen workers to find free market ownership options
in the valley. While the recession has rolled back prices, this plan must
assume that the economy will experience another period of prosperity
during the life of the plan. In addition, the number of retirees in deed-
restricted housing is estimated to jump from approximately 310 today
to more than 800 in 2021.
The 2007 Housing Summit considered all these factors and more. The
primary outcome of the Summit was to encourage additional “land-
banking,” which ultimately resulted in the purchase of the BMC West
property, a parcel at 488 Castle Creek Road and others. The 2008
Affordable Housing Plan evaluated 15 potential sites for affordable
housing units, identifying a range of up to 685 possible housing units.
Aspen Area Housing
History
In the early 1970’s free-
market housing that had
primarily housed local
employees was being
demolished and redeveloped
as second homes. By
1974, the City and County
began addressing this trend
by establishing separate
affordable housing programs
and 14 years later formed
the joint Aspen/Pitkin County
Housing Authority (APCHA).
APCHA is currently funded
through a City of Aspen sales
tax and a Real Estate Transfer
Tax (RETT).
The State enacted legislation
in 2001 granting Housing
Authorities across the state
specific powers to raise
revenue through sales taxes,
use taxes, an ad valorem
(property) tax, and/or a
development impact fee. To
date, APCHA has not pursued
these revenue sources. The
City of Aspen has a housing
sales tax, and both the City of
Aspen and Pitkin County have
Housing Mitigation fees.
APCHA operates under the 4th
Amended Intergovernmental
Agreement between the
City of Aspen and Pitkin
County. This agreement has
eliminated APCHA’s role as an
active developer of workforce
housing; that role has been
assumed by the City of Aspen.
Currently, APCHA is principally
involved in the qualification,
sales, and enforcement of
the housing program and is
involved in the oversight of
over 2,800 units of deed-
restricted housing. The
APCHA Board of Directors
alone, or in concert with
other entities, suggests new
policy, programmatic changes,
and legislation, or makes
recommendations, as required
by the City, County or State.
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2012 Aspen Area Community Plan
Housing
What’s New in the 2012 AACP
Linkages
The creation of Affordable housing can help reduce pressures on the
valley-wide transportation system by providing housing opportunities
for our local workforce in the Aspen Area, while reducing air quality
impacts associated with a commuting workforce. Affordable housing
is also critical to a viable economy, and helps to ensure a vital,
demographically diverse year-round community. At the same time,
limited opportunities and funds mean we cannot build our way
out of the housing problem, and we recognize that new affordable
housing includes infrastructure costs ranging from transportation
to government services, schools and other basic needs. Controlling
growth and job generation can reduce the pressure to provide
affordable housing.
Housing
Growth &
Economy
Transportation
Community
Character
The re-use of philosophical language from past community plans is
due largely to the long-term support in the Aspen Area for affordable
housing as a critical tool to maintain a strong year-round community.
Some shifts in policy direction for the 2012 AACP can be attributed to
the long-term growth and maturation of the housing program, bringing
greater awareness of the need for long-term capital reserves and
maintenance for individually-owned and rental properties, as well as
publicly-owned rental properties.
Another difference in the 2012 AACP is the decision not to establish a
specific number of housing units to be developed during the 10-year
life of the plan. This should not be perceived as a wavering of support
for affordable housing units. The plan calls for exploring the potential
of a new housing unit goal, but specific research on this topic was not
conducted as part of this plan.
This plan focuses on the ongoing challenges of establishing and
maintaining a “critical mass” of working residents. The policies outlined
in the Housing chapter and related housing mitigation policies in the
Managing Growth for Community & Economic Sustainability chapter
are intended to meet these challenges as the community continues to
provide affordable housing.
At the same time, the 2012 AACP calls for further research on the
physical limits to development in the form of ultimate build-out,
projected future impacts related to job generation, demographic
trends, the conversion of local free market homes and other factors.
This kind of statistical analysis will help inform future decision-making
and goal-setting in a more meaningful way.
Instead, this plan emphasizes the need to spread accountability
and responsibility for providing affordable housing units beyond
the City and County governmental structures, and continuing to
pursue affordable housing projects on available public land through a
transparent and accountable public process.
While past plans have supported “buy-down” alternatives, there has
been little comprehensive effort in this regard. A “buy-down” program
may be an expensive proposition, but this plan calls for exploring it
more thoroughly. The idea is to finally determine if the community is
willing to pay the price for providing long-term affordable housing by
converting existing free market homes, and or affordable housing,
rather than building new homes.
On the Horizon
As the community continues
to provide affordable housing,
it is important to recognize
and understand future
challenges.
We must continue to track
changes to the Colorado
Common Interest Ownership
Act (CCIOA) and update our
housing policies on a timely
basis.
APCHA should vigorously
promote adoption of CCIOA
by existing associations, and
require new associations to
adopt CCIOA.
Lending practices are
changing, resulting in new and
potentially difficult financing.
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2012 Aspen Area Community Plan
Housing
Policy
Categories
Collaborative Initiative
Collaborative Initiative, Work
Program for APCHA
Collaborative Initiative, Work
Program for APCHA
Collaborative Initiative
Incentive Program, Proposed
Code Amendment
Housing Policies
I. SUSTAINABILITY AND MAINTENANCE
I.1. Affordable housing should have adequate capital reserves for
major repairs and significant capital projects.
I.2. Deed-restricted housing units should be utilized to the maximum
degree possible.
I.3. Deed-restricted housing units should be used and maintained for
as long as possible, while considering functionality and obsolescence.
I.4. Provide educational opportunities to potential and current
homeowners regarding the rights, obligations and responsibilities of
home ownership.
I.5. Emphasize the use of durable and environmentally responsible
materials, while recognizing the realistic lifecycle of the buildings.
II. PROGRAM IMPROVEMENTS
II.1. The housing inventory should bolster our socioeconomic diversity.
II.2. Affordable housing should be prepared for the growing number of
retiring Aspenites.
II.3. Employers should participate in the creation of seasonal rental
housing.
II.4. Employers who provide housing for their workers through
publicly-owned seasonal rental housing should assume proportionate
responsibility for the maintenance and management of the facility.
II.5. Redefine and improve our buy-down policy of re-using existing
housing inventory.
II.6. Eliminate the Accessory Dwelling Unit (ADU) program, unless
mandatory occupancy is required.
III. FISCAL RESPONSIBILITY
III.1. Ensure fiscal responsibility regarding the development of
publicly-funded housing.
III.2. Promote broader support and involvement in the creation of non-
mitigation Affordable housing, including public-private partnerships.
Community Goal
Community Goal, Work
Program for APCHA
Collaborative Initiative,
Incentive Program
Collaborative Initiative,
Incentive Program
Work Program for APCHA
Proposed Code Amendment
Collaborative Initiative
Collaborative Initiative,
Incentive Program
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2012 Aspen Area Community Plan
Housing
Policy
Categories
Housing Policies
IV. LAND USE & ZONING
IV.1. Affordable housing should be designed for the highest practical
energy efficiency and livability.
IV.2. All affordable housing must be located within the Urban Growth
Boundary.
IV.3. On-site housing mitigation is preferred.
IV.4. Track trends in housing inventory and job generation to better
inform public policy discussions.
IV.5. The design of new affordable housing should optimize density
while demonstrating compatibility with the massing, scale and
character of the neighborhood.
IV.6. The residents of affordable housing and free-market housing
in the same neighborhood should be treated fairly, equally and
consistently with regard to any restrictions or conditions on
development such as parking, pet ownership, etc.
V. HOUSING RULES AND REGULATIONS
V.1. The rules, regulations and penalties of affordable housing should
be clear, understandable and enforceable.
V.2. Ensure effective management of affordable housing assets.
Incentive Program, Proposed
Code Amendment
Proposed Code Amendment
Work Program for Planning
Department & APCHA,
Proposed Amendment
Data Needs
Proposed Code Amendment
Proposed Code Amendment
Work Program for APCHA
Work Program for APCHA
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APPENDIX B:
COMMUNITY AFFORDABLE HOUSING
AND LIVABILITY
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CONNECTION TO AACP
Within the introduction of the 2012 Aspen Area Community Plan, two of the stated central themes are “Emphasize the quality and
livability of affordable housing.” and “Provide for a critical mass of year-round residents.”
Within the housing implementation portion of the appendix of the AACP is an implementation step that, in part, states, “Amend the
Housing Guidelines to establish livability standards that promote pride of living in affordable housing.”
And although the AACP also encourages area employers to participate in the creation and maintenance of seasonal rental housing,
the sections shown above, along with many other such statements in the AACP, support the Housing Philosophy stated within the
AACP, which aims to nurture a stable, year-round community, with a reliable workforce with an opportunity to live near where they
work, and with a healthy mix of people, including singles, families and seniors.
LIVABILITY AND COMMUNITY ENGAGEMENT
For public affordable housing developments, the City of Aspen performs typically performs rigorous community engagement, seeking
input from the community at large and neighborhood stakeholder groups. A significant portion of such community engagement is
typically devoted to affordable housing elements related to livability.
At each stage of the design development process, input received from the community engagement process is typically filtered
through Aspen City Council. This often results in a careful balance of various priorities such as livability, quality, neighborhood
impacts and project cost. And there are many more detailed project elements that require balancing as well, such as environmental
sustainability, accessibility, total cost of ownership or tenancy, constructability and more. These topics are interconnected with the
meaning of livability among the Aspen affordable housing community.
LIVABILITY – GENERAL PRINCIPLES
Goals: Housing developments should endeavor to balance the principles of community, livability and quality against impacts such as
unreasonable levels of cost and construction activity intrusion. Housing structures should utilize land as efficiently as possible and
should seek construction efficiencies to levels that do not sacrifice livability beyond levels that are not consistent with these goals.
Architecture should be sensitive to neighborhood context to the extent possible while achieving these goals.
Density: Density should be considered as more than just a number and should consider neighborhood context, available open space,
amenities and other considerations related to community character. Successful housing developments have been created in Aspen
with density ranging from around 7 units per acre up to nearly 80 units per acre.
Quality: Quality construction should be employed to mitigate sound and vibration transmission and to promote energy efficiency. It
is important to people not to feel as densely housed as they actually are, and it is possible to invest in construction quality, up to a
point short of diminishing returns, to make a densely populated facility feel as livable as possible given available resources.
Environmental Sustainability: Environmental sustainability standards which are consistent with community goals should be integral
to the construction quality program. Investments in sustainability measures should be carefully prioritized to be consistent with
housing development goals.
Housing Unit Sizes: Housing for a diverse population of income levels should not discriminate livable space based on incomes.
Creating equitably sized housing units of standardized sizes can create construction efficiencies and increases flexibility to transfer
units among households of different income levels. The Colorado Division of Housing has established “indicators of modest but
decent housing” with suggested sizes of 500 square feet for studio or efficiency units, 700 square feet for one-bedroom units, 900
square feet for two-bedroom units and 1,200 square feet for three-bedroom units.
necessary and where a high level of livability is otherwise demonstrated, with reduction criteria such as significant storage space,
above average natural light, efficient/flexible unit layout, site amenities including parks and open space, and above ground unit
versus below ground units.
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The APCHA Affordable Housing Development Policy includes the following Minimum Unit Sizes and defines an “occupancy standard”
based on 400 square feet per “employee”.
Unit Minimum Net Sq Ft Occupancy Standard
Studio 500 1.25
1-Bedroom 700 1.75
2-Bedroom 900 2.25
3-Bedroom 1,200 3.00
In practice, the occupancy standard is less of an actual counting mechanism for occupancy and more of a conversion tool and
general benchmark related to the 400 square feet per “employee” standard.
The APCHA Affordable Housing Development Policy allows for the reduction of unit sizes by up to 20% in cases where both
necessary and where a high level of livability is otherwise demonstrated, with reduction criteria such as significant storage space,
above average natural light, efficient/flexible unit layout, site amenities including parks and open space, and above ground unit
versus below ground units.
Accessibility: Affordable housing facilities should be accessible above and beyond code requirements where possible. Varying
levels of accessible dwelling units include Type A Full Accessibility, Type B Adaptable and Type C Visitable. Type A Full Accessibility
units should be included at or above code minimums, and all other unit should be Type B Adaptable where possible. Townhome units
or units which otherwise include a stairway internal to the unit should be Type C Visitable, and Universal Design should be used in
common area facilities.
Noise and Air Quality: Locations for affordable housing should be sought which have favorable noise and air quality characteristics.
For locations where noise and air quality characteristics are not without flaws, mitigation techniques should be implemented to
reduce adverse impacts to reasonable levels.
Pedestrian Safety and Automobile Circulation: Whenever possible, housing developments should prioritize pedestrian movement
over automobile movement and pedestrian safety over automobile circulation.
Community Open Space: Community open space should be created to maximize the use of available land and should be landscaped
to facilitate peaceful, playful and socially interactive enjoyment with turf or low-grow grasses as well as strategically placed shrubs
and trees to facilitate demarcation of areas and/or privacy where needed. A mix of non-programmed and lightly programmed areas
are encouraged.
Parks and Trails: Parks and trails provide community benefits and should be connected to housing developments where possible.
The use of boulder retaining walls can create material cost efficiencies and can be a contextually sensitive means of retaining earth
as opposed to engineered alternatives.
Parking and Storage: Parking and storage are key attributes that relate to day-to-day interaction with a housing facility. Local
workers may not use their cars every day, but they have a right like everyone else to keep a car in their possession, particularly
because Aspen is a remotely located City. Affordable housing units do not generally afford the amount of space that suburban
living in America generally affords so convenient access to a reasonable amount of storage space is a key attribute to any housing
unit. Parking and storage should be located within reasonable distance to one’s housing. The use of carport structures can be an
equitable means of providing covered parking without a high level of expense and can be used where needed to retain earth or
serve as sound barriers from nearby sources of noise.
Total Cost of Ownership: Total cost of ownership or total rent should be considered in affordable housing designs. The use of
durable assemblies and materials as well as low-maintenance mechanical systems along with operational efficiency considerations
such as ease of snow removal and landscaping can help keep long-term costs down. Thoughtful design for management of snow,
ice, moisture and freeze/thaw conditions can eliminate the need for gutters and downspouts and can help keep maintenance costs
down.
Wildlife: Sensitivity to wildlife and surrounding open areas is extremely important. Trash, recycling and compost staging
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facilities should meet local codes and guidelines related to “wildlife-proof” requirements and recommendations and should otherwise
be consistent with wildlife management practices. Mail and transit stop facilities should attempt to keep people separated from
areas which could potentially attract bears or other wildlife.
Site Lighting & Facilities: Site lighting should provide safety while remaining contextually sensitive and where possible should
employ the use of timers and/or sensors to be as energy efficient as possible. Guide-on principles can be equally safe and less
intrusive than flooding large areas with light. External availability of water and electrical sources are amenities that tenants and/or
homeowners highly appreciate. “Dark skies” and other code-related requirements and recommendations should be rigorously met.
Public Transportation: Access to public transportation is a must. Reduction of daily automobile trips should be encouraged through
availability of convenient, multi-modal transportation alternatives.
LIVABILITY – CHECKLIST
The outline below is a useful inventory of decision points for considering characteristics which affect livability.
Density, Environmental Sustainability, Accessibility
Family oriented vs. non-family oriented
Working vs. retirement orientation
Flats versus multi-level townhomes & accessibility
On-grade access, stairs to get to unit, below-grade, partial below grade units
Ceiling heights greater than 8 feet, 8’-6” to 9’-0 where possible
Minimum bedroom size, 10 feet
Storage
Internal to the unit, Kitchen cabinets, Laundry, Foyer/mud – front and rear, linen closets, oversize bedroom closets (upper
shelves for seasonal storage), Additional unfinished areas, storage closets under stairways
Lockable external storage, enclosed preferred to cages, proximity to unit, outdoor gear storage, bikes, kayaks, skis,
snowboards, fishing, etc.
Trash/recycling/compost & mail facilities
Proximity to units, aesthetics, durability, parcel boxes, wildlife-proofing, separating trash from mail due to wildlife safety,
lighting
Outdoor living
Private outdoor space is preferred by most people, grill, patio, enlarged covered balconies, avoid drip through, snow
barriers/trellis
Parking
Location on site and relationship to pedestrians, streets/alleys
Quantity per unit, per bedroom
Above grade uncovered, above grade covered, lots, street, head-in, parallel, angle, on-site, offsite
Guest / visitor / service usage, loading zone
Accessible parking
Proximity to unit
Dimensions of spaces / access, geometry of getting in and out
Integrated storage with parking
Snow removal, snow storage, haul-off, street clearing, secondary clearing
Public space/recreation
Location, trail, pedestrian access, on-site open site areas, landscape
Flexible use spaces, fencing, demarcation, open
Child safety, dog parks, community gardens, programmed spaces
Access to public transportation
Secure, covered bike storage at transportation nodes
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Noise
Unit-to-unit transmission, wall/wall, floor/ceiling, STC, IIC
Outdoor noise, mitigation, berms, trees, façade
Lighting
Natural light
Indoor lighting
Exterior lighting
Ventilation / heating / cooling
Low voltage & electric - controls, network outlets, electric outlets, cable/satellite, utility usage, lighting, etc.
Laundry in unit versus common, size & fit, maintenance, availability
Heating – type
Heat pumps (cooling?), mini splits, ducted, radiant, baseboard, cove
100% electric where possible
Common vs. in-unit
Hot water heating – common versus in-unit, tank, tankless, efficiency, accessible location, floor drain
Solar and PV accessibility/orientation, roof space for p/v, rooftop decks
Pets, service animals, emotional support animals, cleanup, bags, dna testing
Landscaping
Turf, native grasses, low-grow, low water
Upkeep, Irrigation
Hose bibs
Community gardens
Stormwater, raingardens
Kitchen
Single, double sinks
Electric appliances, refrigerator, dishwasher, disposal, range type, microwave, range hood externally vented
Solid countertops, island or space for dining table
Trash, recycling, compost
Storage, cabinets, soffits, natural light/windows
Bathrooms
Quantity per unit
Lighting
Tubs, showers, toilets
Storage
Ventilation
Finishes, durability, aesthetics
Sinks, single vs. double, fixture counts, types
Maintenance
Access to HVAC equipment, accessible filter locations, spare filters
Appliances, Floor coverings
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