HomeMy WebLinkAboutagenda.council.worksession.20230911AGENDA
CITY COUNCIL WORK SESSION
September 11, 2023
4:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Work Session
I.A Boards & Commission Interviews
I.B Public Safety Systems Project and Aspen Police Department Update
I.C Seasonal and Temporary Land Use Policy Discussion
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Board & Commission Interviews MEMO - 9.11.23.pdf
APD Update 091123.pdf
WorkSession9_11_Temp Struct. and Outdoor Heating.pdf
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MEMORANDUM
TO: Mayor and City Council
FROM: Kim Ferber, Chief of Police
THROUGH: Sara Ott, City Manager
MEMO DATE: August 31, 2023
RE: Public Safety Systems Project and Aspen Police Department Update
REQUEST OF COUNCIL:
The police department would like to provide City Council information about an upcoming
Public Safety Systems Project and an update about the current state of the organization
and service requests.
DISCUSSION:
Public Safety Systems Project:
The police department, in collaboration with other emergency responding agencies in
the upper Roaring Fork Valley, have unanimously recommended an upgrade to
computer aided dispatching (CAD) and the records management system (RMS) to
increase reliability, reduce over burdening during a major critical incident, and update
mission critical technology in the Pitkin County Regional Emergency Dispatch Center.
The project will enhance technology, increase efficiency and redundancy capabilities,
and solidify the 9-1-1 Dispatch for at least 15 years.
Staffing:
Year to date, one lateral police officer, one records specialist, and the evidence
technician (pilot program) position have been filled. Currently there is one police officer
vacancy and two unfilled overhire positions. The lateral police officer and evidence
technician have completed training; the records technician began training on August
28th.
High Visibility Efforts:
There has been a desire from the community to see an increase in law enforcement
presence in neighborhoods and the core. In support, foot and bicycle patrols have been
directed and more recently tracked through an internal software platform called
SmartForce. SmartForce is a tool that enables staff to better manage departmental
functions and improve community-policing strategies. Since July 1st, team members
have tracked their daily foot and bike patrols in SmartForce and averaged 1.5 hours of
high visibility presence per officer, per day.
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Innovation and Enhancements:
Staff has identified areas of opportunity to expand knowledge and leverage technology
to support crime victims and continue successful prosecutions. License Plate Reader
technology is being utilized and a Digital Forensics Expert position has been created
within the organization. Having a Digital Forensics Expert will increase staff’s ability to
identify leads and secure critical evidence, support neighboring law enforcement
agencies investigative efforts, and significantly reduce previous waiting periods for
evidence processing.
In April, an audit of all evidence being held by the police department was completed.
Staff utilized recently developed “How to” documents, to ensure uniformity and
standardization for ongoing accuracy in this high liability area. As a result, staff
documented 100% accuracy during the audit. Additionally, a recent 3% audit of
randomly selected evidence was conducted with 100% accuracy.
Staff also collaborated with key stakeholders and other law enforcement agencies in
Colorado to innovate and streamline PR Bond processes and Probable Cause
Statements; stood up a steering committee to enhance the Human Service Officer
(HSO) program, increased focus on employee health and wellness; and are conducting
an operational needs assessment.
Areas of Opportunity:
Year to date, staff are managing 823 active alarm permits and police officers have
responded to 51 permitted alarms, all of which were false alarms. In support of City
Council’s goals, the police department is looking for opportunities to improve alarm
processes with a focus on customer accessibility.
Staff is discussing patrol’s schedule to assess operational effectiveness, ensure
customer service standards are being met, and enhance safety. Part of the discussion
includes the impact(s) of mandatory supplemental shift coverage: There have been 638
hours of mandatory shift coverage and 540 hours of special event coverage required
year to date.
Service Requests:
Between January 1 and June 30, staff has responded to 6,649 calls for service and
9,646 year to date.
In the first six months of the year, staff also investigated 299 crashes; two of the
crashes involved bicyclists and three involved a pedestrian.
Aspen continues to be a very safe place to live, work, and visit. The support of our
community, our ongoing partnerships, and our commitment to community-policing
continues to be an effective strategy.
CITY MANAGER COMMENTS:
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Ben Anderson, Community Development, Deputy Director
THROUGH: Phillip Supino, Community Development Director
MEMO DATE: September 4, 2023
MEETING DATE: September 11, 2023
RE: Temporary Structures and Uses, and Outdoor Heating
REQUEST OF COUNCIL:
As the Winter approaches and downtown businesses (particularly restaurants) are
making plans in preparation for the coming season, Community Development staff
requested to hold a discussion with Council on two, intertwined topics that have regularly
been items of interest on Council agendas over the last few years. On these topics, staff’s
ultimate desire is to deliver a consistent and fair message to businesses, while also
remaining true to previously approved Council policy direction and regulatory
requirements.
First, on the topic of temporary enclosures, staff will present to Council the existing code
processes for the application and review of proposals to temporarily enclose outdoor
seating areas. The presentation on temporary structures is intended to be informational
in nature, and staff will be prepared to answer any questions that Council may have.
Secondly, as a related but distinct topic, staff requests direction on how to respond to
businesses (again, particularly restaurants) who have previously used, or are intending
to use heaters (either electric or propane/natural gas) in making outdoor spaces more
comfortable and inviting for their guests. This is a more complex topic that intersects with
building and energy code requirements and Aspen’s climate goals.
Both topics will likely be revisited in future discussions under the commercial vitality
elements of Council’s Community Building and Health goal.
BACKGROUND AND STAFF DISCUSSION:
Temporary Enclosures
Historically, restaurants have used tents and other temporary structures to provide
additional capacity for guests during the busiest times of the year – particularly during the
week of Christmas/New Year. The temporary use of tents or similar structures for 14
days or less within a year can be approved administratively and other than necessitating
a tent permit and safety inspection – have no other requirements (most notably, no
affordable housing mitigation). This is due to the temporary nature of these improvements
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Temporary Structures and Outdoor Heating
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relative to the employee generation, community character, and development impacts from
permanent or seasonal uses.
If a property desires to use tents for more than 14 days within a year, the code requires
a more rigorous review process. These requests are subject to three areas of review:
Temporary Uses, Commercial Design Review (primarily around materials), and GMQS.
If approved, temporary structures can be used for no more than 180 days within a given
year. Review is by Council and can be granted a recurring annual approval up to a
maximum of 10 years. Affordable Housing mitigation is required and is calculated based
on the square footage of the tent(s) and the number of days in a given year that the tent(s)
will be up (including set-up and take-down).
Prior to 2020, most of the requests that staff received for these reviews were from
properties that regularly host weddings and other special events. In this scenario, most
tents are up for only a few days to host an event and then are taken down between events.
Recently, and in many ways connected to the COVID response and aftermath, staff has
received several requests for the enclosure of existing outdoor patio space in allowing for
more restaurant tables for guests during the winter season. These requests have tended
to fit into two different scenarios: stand-alone tents or the enclosure of existing canopies
or trellis structures. The code treats both scenarios identically.
During the COVID response, regulations and the review process for these types of
structures were paired down to allow for social distancing requirements while still ensuring
that the structures were safely constructed. Additionally, structures of this type were
allowed in the right-of-way. As the impacts of COVID in the community diminished,
Council provided direction to staff to return to the code requirements for these structures
and any structures that had been erected in the right-of-way were no longer allowed.
To summarize the existing code requirements for the extended use of temporary
structures (on private property, not right-of-way) for restaurants and other businesses:
• Any use of temporary structures for more than 14 days requires a Council review
and approval – through a land use application process.
• Use is allowed up to 180 days within a year.
• The land use reviews required are: Temporary Use, Commercial Design Review,
and GMQS. Staff has tended to recommend denial of these requests in visible
locations in the downtown core as they typically cannot meet material standards
under Commercial Design Review.
• Temporary structures are also reviewed under building codes under a reduced
set of requirements that are primarily intended to ensure life safety (example: fire
resistive materials) and do not have any standards related to thermal envelope.
This means that temporary uses and structures do not comply with adopted City
energy codes.
• If approved, GMQS affordable housing mitigation requirements are calculated
based on the size of the enclosure and the number of days it is up. The yearly
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Temporary Structures and Outdoor Heating
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affordable housing fee for a typically sized restaurant enclosure is in the $10-15K
range.
Prior to the winter season, if Council members receive inquiries from restaurant or
business owners about the process related to temporary enclosures, please direct
interested parties to ComDev’s Planner of the Day service to request a PreApplication
Summary for reviews of this type. 970.429.2764 or planneroftheday@gmail.com.
Outdoor Heaters
Used throughout the year, outdoor heating sources are a ubiquitous presence on public
and private property in the patio seating and entry areas of Aspen’s restaurants. Across
these spaces, both electric and propane/natural gas are utilized. Some of these heat
sources are hard-wired or plumbed and installed permanently following the issuance of a
building permit. More typical though are the portable, non-permanent, propane heaters.
This second type of heater does not require a building permit – which means they are
generally deployed without reviews under fire, life-safety, or energy codes. Aspen Fire
Protection District does do periodic walk-throughs with restaurants and other businesses
using these heaters to provide guidance so that the heaters are being used safely.
While it certainly makes sense as to why restaurants use these heaters, in many cases
on a year-round basis, the increasing use of outdoor heaters has raised Council and
community questions about their intersection with recently updated energy and building
codes, Aspen’s long-standing Renewable Energy Mitigation Program (REMP)
requirements, and staff’s desire to be fair and consistent in application of the community’s
codes. Council comments have also raised questions about the compatibility of outdoor
heaters in meeting Council’s adopted science-based climate goals.
Aspen’s building and energy codes have two goals related to outdoor amenity energy
uses (including outdoor heating):
1) To encourage to the degree possible, the use of electricity in powering the
energy use.
2) To require photovoltaic off-sets or cash-in-lieu mitigation in meeting the
requirements of REMP – for all outdoor energy uses.
In the practical pursuit of these goals, outdoor heating related to restaurants creates
challenges:
• Portable propane heaters do not require a building permit – and therefore are not
subject to the same regulations (REMP) as electrical or natural gas heaters that
are permanently installed and permitted.
• Portable propane heaters are not measured and therefore not included in Aspen’s
Greenhouse Gas Emissions Inventory. On an annual basis, a single propane
heater used typically consumes as much energy as 320 sq.ft. of snowmelt, or a
115 sq.ft. heated pool.
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Temporary Structures and Outdoor Heating
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• However, installing electrical heaters as the desired alternative can be difficult. At
times, existing electrical service for older buildings cannot support the electrical
loads generated by the new heaters.
• Because of the fluid nature of the restaurant industry and of the tenant/landlord
relationship, installing electric heaters can create significant project costs including
REMP requirements that are usually born by the tenant.
• REMP requirements are calculated over a 20-year time horizon. This makes sense
for outdoor energy use for homes and other types of commercial properties but
may be unreasonable to assess on tenants that have an uncertain amount of time
in a particular location – that they don’t necessarily own or have control over.
While these concerns and challenges identify the difficulty of this topic, staff remains
obligated to carry out the City’s climate goals and the intent and letter of our building and
energy codes that were updated in pursuit of these goals. Also essential is the ability to
be fair and consistent across our work on behalf of our customers. For these reasons,
staff requests direction from Council.
Questions:
1) While the increasing use of portable, propane heaters is moving Aspen further
away from the City’s Climate Goals, staff believes that it would be unfair and
imprudent to implement any new requirements for this Winter. Does Council
agree that we should proceed with the status quo (no rules related to
standalone propane heaters) for this Winter season?
2) Looking further out in time, does Council agree that outdoor heating of spaces
associated with restaurants should be subject to building and energy code
requirements, including REMP – even for heaters that do not at this time require
a building permit?
3) If yes to #2, does Council agree that code and REMP requirements for outdoor
heating associated with restaurants may need to be different than other more
permanent outdoor energy uses?
4) If rules were shaped to respond to the specific nature of restaurant use of
outdoor heating, would Council wish to incentivize the use of electric heating,
instead of propane?
Depending on Council direction, staff would be prepared to return to Council in Q1 of
2024 with proposals to respond to the topic of outdoor heating related to restaurants.
RECOMMENDATIONS: Staff recommends a continuation of the status quo this winter
and requests that Council work with staff to develop revised temporary use and/or outdoor
heating regulations that respond to our current context, fairly mitigate the impacts of
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Temporary Structures and Outdoor Heating
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outdoor heating across all users and ensure greater code compliance in commercial
settings.
FINANCIAL IMPACTS: None, at this time.
ENVIRONMENTAL IMPACTS: This topic creates visible contradictions to Aspen’s
consistent stance as a community committed to reducing or mitigating our contribution to
greenhouse gas emissions. Because the emissions from portable propane heaters is not
included in the community Greenhouse Gas Emissions inventory, the full impact of this
uses cannot be assessed. The City has decades-old policies discouraging the heating of
the outdoors with non-renewable energy sources and mitigating the impacts from that
heating.
ALTERNATIVES:
CITY MANAGER COMMENTS:
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