HomeMy WebLinkAboutminutes.council.20180813Regular Meeting Aspen City Council August 13, 2018
1
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #109 and #110, Series of 2018 – As-needed HVAC and Plumbing Services .................... 4
Resolution #120, Series of 2018 – Community Broadband – Mammoth Networks MSA Approval ... 4
Resolution #117, Series of 2018 – Stage Two Water Shortage ............................................................ 4
Resolution #112, Series of 2018 – Consulting Services for the Uphill Recreation Plan ...................... 4
Resolution #118, Series of 2018 – Early approval of 2018 Fall Supplemental Budget for ARC Boiler
replacement ................................................................................................................................................... 4
Resolution #113, Series of 2018 – Coordination of November 6, 2018 General Election to execute
IGA 4
Board Appointment ............................................................................................................................... 4
Minutes – July 23 and July 30, 2018 .................................................................................................... 4
ORDINANCE #18, SERIES OF 2018 – 500 W. Main Street – Historic Landmark Lot Split, TDRs,
Special Review and Variations ..................................................................................................................... 4
ORDINANCE #22, SERIES OF 2018 – 333 Park/931 Gibson Avenue Relocation .................................... 4
ORDINANCE #16, SERIES OF 2018 - Purchasing Threshold Increase .................................................... 6
ORDINANCE #17, SERIES OF 2018 – Water Efficient Landscape Ordinance ......................................... 6
RESOLUTION #115, SERIES OF 2018 – Setting the ballot title of a Charter amendment submitted by
petitioners regarding election dates............................................................................................................... 6
ORDINANCE #19 AND #20, SERIES OF 2018 – Ballot language to amend Section 10.5 of the Charter
regarding enterprise fund bonding ................................................................................................................ 7
ORDINANCE #21, SERIES OF 2018 – Ballot language to amend Section 11.4 of the Charter regarding
franchises ...................................................................................................................................................... 8
Regular Meeting Aspen City Council August 13, 2018
2
At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch and Mullins
present.
CITIZEN COMMENTS
1. Roy Saba, president of two boards of the Hunter Creek Condo Association, said they handle all
the grounds outside the drip lines. We have some land we want to put up for sale including
portions of parcels 1 and 2. Approximately half an acre in each. You own parcel #3. APCHA
suggested I make that offer to you here. I need some help from council in my meetings with the
parking department to change the parking on Lone Pine Rd. Currently it is 24 hour parking.
About two weeks ago I went to the open space and trails meeting and suggested to them that we
would offer them parking if they could look in to patrolling the trail.
2. Courtland said she recently moved here. She is reading a book and asked council about their
views on immigration.
3. Lee Mulcahy spoke about another enforcement issue and asked why he can’t be given a hearing.
4. Toni Kronberg passed out handouts. She said she supports the county, sheriff and police being at
Galena plaza. The community supports that because there are buildings there now. There are
two lawsuits asking for a vote on the city offices. She put together a score card for the six
properties council can consider. She wants council to do a score card so the community can see
what council is considering.
5. James Hoggie, homeless since 2011, said he is functioning in the community with the help of Lee
bringing food to the homeless center. They are caring and good people. Everyone deserves a
second chance.
6. Sandy Mulcahy said you’ve heard us complain about APCHA since last June. 10 days ago there
was a work session with the BOCC about APCHA. One of our biggest issues is with the rules
and deadlines. It needs to be reorganized. We just ask you for a hearing.
CITY COUNCIL COMMENTS
Councilwoman Mullins gave a thanks to Roy. She said she wishes we had a better response to the
Mulcahys. I would like to get this resolved too. We are not the governing body of APCHA. There is not
a whole lot we as city council can do. There is a severe water shortage, the ditches are about half full. It
is a very serious issue and everybody needs to be thinking about how they can save water. She asked if
we can we change how we irrigate at Cozy Point. Ben Carlson, parks, said the plan has been to irrigate
from 6am to noon or 1 at which point the ditch is given over to other users. There are a number of fields
we have to get through in a week to produce the forage for the horses. We can draw back the time by
three hours each day. Councilwoman Mullins said she wants to make sure we are being as judicious as
we can. Mr. Carlson said in a typical season we would be watering 24 hours a day. Councilwoman
Mullins said Roaring Fork Conservancy, a non profit in Basalt, just had its grand opening and it is
impressive what they are doing to preserve water. Thursday I’m testifying in front of Colorado Air
Quality Control Commission to support legislation and suggest it get expanded.
Councilman Frisch said we are putting in a stage 2 water enforcement shortage. Does the city have set
guidelines to follow as the different stages come in. Mr. Carlson replied there is a plan in place. When
the first restrictions came in we found we could meet the guide and reduce by 20%. In July we found we
could reduce by 29%. There is a plan in place. It doesn’t mean you might not see a brown space.
Councilman Frisch gave a hats off to Rotary for a successful Ducky Derby and the Salvation Ditch for
some extra water. Hats off to Nancy and Sandra for a great back country marathon.
Mayor Skadron said the Aspen community picnic is Wednesday 4:30 to 7 at the Red Brick. It’s free.
Regular Meeting Aspen City Council August 13, 2018
3
BOARD REPORTS
Councilwoman Mullins attended the RFTA meeting where the board voted unanimously to put a 2.65
mill levy on the November ballot. We had started with a much higher amount. There are a lot of projects
to keep the service up to expectations. The first meeting about outreach will be this Thursday.
Councilman Frisch said CORE will be at the work session tomorrow. Nordic is a bit quiet at the moment.
He will be reporting back on Sister Cities and CCLC.
CONSENT CALENDAR
Reso #112 - Uphill plan
Councilman Frisch said people have been asking about this and it is much more that what is being chatted
about.
Jessica Garrow, community development, said the current work stems from an economic development
plan at the end of 2015. Ongoing work includes attending the outdoor retailer show and support of the
Friday meet ups to uphill during ski season. The big ticket items include a symposium pulling industry
leaders together and an uphill plan to what would uphill look like in the valley. Phillip Supino,
community development, said the larger approach is important to understand what the existing conditions
are including trail and access points and the 10th mountain hut system. The effort is understanding what
we have to work with and targeted areas.
Mayor Skadron asked for a comment on the symposium. Mr. Supino said from the development plan it is
building on the 2014 symposium. The idea is to bring together a combination of development people as
well as idea and cultural side people. Bring them to Aspen and facilitate a conversation and demonstrate
how great our existing assets and amenities are.
Reso #117 – stage 2 water shortage
Councilwoman Mullins asked what is the goal you are trying to attain and summarize the restrictions.
Are there enforcement consequences.
Margaret Medellin, utilities, said we are recommending stage 2 shortage conditions. We came to you in
May in response to snow pack conditions and we recommended stage 1. After a warm and dry spring and
summer, conditions have deteriorated and we are recommending stage 2. Stage 1 was voluntary, stage 2
requires mandatory restrictions. These restrictions will be mandatory and will have consequences with a
written warning for the first violation with a $500 fine for a second violation. The list of prohibitions and
restrictions are geared to maintaining healthy landscapes. We are asking people to be thoughtful about
water use.
Ryland French, utilities, said the focus of the restrictions are on lawn watering to three days per week and
30 minutes per zone. Native zones to two days a week. 10 am to 6 pm. No washing paved areas and a
requirement to repair leaking irrigation systems. Councilwoman Mullins asked when was the last time
we went to stage 2. Ms. Medellin replied this is the first time.
Mayor Skadron asked how much moisture do we need to move out of stage 2. Ms. Medellin stated there
are different forecasts. It will be a very significant amount to bring us back to normal. We will need a
normal snowpack to bring us out of stage 2. Even though we welcome the rains it is not doing much to
help our supply it will only lower our demand. We need a good snowpack. Mayor Skadron said this is a
result of a low snowpack. Ms. Medellin replied absolutely.
Councilman Frisch said we are in this for the remainder of the season. Ms. Medellin replied we anticipate
we are in this for the remainder of the season.
Reso #118 – boiler replacement
Mayor Skadron said it seems to me that much of the work that was done on the original ARC, we are
replacing all too often components of the building that were to last far longer than they are. Cory Vander
Veen, recreation, replied they were to be 30 year boilers. It is a combination of wear and tear and how we
are using the facilities. Jack Wheeler, asset, said we have had problems with the boilers from the start.
Regular Meeting Aspen City Council August 13, 2018
4
The team at the ARC has done a great job of holding the manufacture accountable. It makes more sense
to take this step than to do a blanket replacement..
• Resolution #109 and #110, Series of 2018 – As-needed HVAC and Plumbing Services
• Resolution #120, Series of 2018 – Community Broadband – Mammoth Networks MSA Approval
• Resolution #117, Series of 2018 – Stage Two Water Shortage
• Resolution #112, Series of 2018 – Consulting Services for the Uphill Recreation Plan
• Resolution #118, Series of 2018 – Early approval of 2018 Fall Supplemental Budget for ARC
Boiler replacement
• Resolution #113, Series of 2018 – Coordination of November 6, 2018 General Election to execute
IGA
• Board Appointment
• Minutes – July 23 and July 30, 2018
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Frisch. All in
favor, motion carried.
ORDINANCE #18, SERIES OF 2018 – 500 W. Main Street – Historic Landmark Lot Split, TDRs,
Special Review and Variations
Councilwoman Mullins moved to continue Ordinance #18, Series of 2018 to August 27, 2018; seconded
by Councilman Frisch. All in favor, motion carried.
ORDINANCE #22, SERIES OF 2018 – 333 Park/931 Gibson Avenue Relocation
Sarah Yoon, community development, told the Council this will relocate the historic residences to a new
lot at 931 Gibson. The home is located in the R6 zone. The property contains two historic resources
where the original site of the historic home was located on Main Street. The home was originally
relocated in the 1960’s. It was designated in 1995. 931 Gibson is the receiving property and is zoned
R15A and currently has a residence located on the property. There is a demolition permit that has
expired. The requests are to demo the non historic additions, relocate to the new site and rescind the
designation. Once relocated to 931 Gibson the property will be designated and the existing residence will
be demolished. HPC is the recommending body and they reviewed the application on July 11th. It was a
unanimous 7-0 vote for demolition of the non-historic home and relocation. They also recommended to
rescind the designation if the relocation is approved as well as designation if the historic home is
relocated to 931 Gibson. They also said a separate application for 931 would be needed for a secondary
home. There were four public comments received, two expressing concern of what would be built on
931. One spoke in support for relocation and one spoke against relocation and the award of potential
floor area bonus of any future applications. One additional comment of support was received after the
packet was submitted and will be included with the second reading packet. Staff and HPC find that the
applicant does meet all of the required criteria for demolition, relocation and designation. With
relocation, 333 Park is not a historic district and the lot is not the original location. The relocation itself
will not present any adverse impacts on the area and staff and HPC also find that the relocation is an
acceptable preservation method in this case because it provides the best preservation outcome. The
applicant had a number of conversations with engineering and the parks department to determine an
appropriate relocation route. The public hearing is scheduled for August 27th and a site visit is scheduled
for that day as well.
Chris Bendon, representing the applicant, said they have had a good process with HPC resulting in
unanimous support. We are continuing to work with referral agencies on the logistics of the move and
route. We are continuing to do outreach with the neighbors to let them understand what the proposal is.
We have reviewed the draft ordinance and are comfortable with it. We will have a full presentation on
the 27th.
Regular Meeting Aspen City Council August 13, 2018
5
Councilwoman Mullins said tonight we are just being asked to consider relocation, demolition, rescinding
and reinstating designation. Ms. Garrow replied for first reading and setting the public hearing for August
27th. Councilwoman Mullins said in terms of any kind of incentives, floor area bonus. Ms. Garrow said
that would be part of a future application to HPC if the relocation is approved. Councilwoman Mullins
said her understanding is the house at 333 was relocated from Main Street where the library is now and
we need to rescind that designation so we can relocate it and once it is on the new lot. Ms. Garrow said
there would be designation on the new lot. Councilwoman Mullins asked how big is the lot that it is
leaving and how big is the lot it is going to and what is the zoning. Ms. Garrow replied the Gibson lot is
just over 15,000 square feet in size and the Park lot is just over 6,000 square feet. Councilwoman Mullins
asked what would be allowable development on those lots. Ms. Garrow said allowable floor area are
identified on page 132 of the packet. For Park Avenue, allowable is between 3,246 square feet for a
single family up to 3,607 for a duplex. Councilwoman Mullins said you can do two units. Ms. Garrow
replied yes. For the Gibson lot it is 4,529 square feet. Councilwoman Mullins said with the historic
property there, then it would be a split lot. What about HPC review. Would they be reviewing the
historic building and the development on the lot adjacent to it at 931. Ms. Garrow replied yes.
Councilwoman Mullins asked if they have any purview over 333. Ms. Garrow stated once the
designation would be removed they would not.
Councilman Frisch asked about how often we are creating new historic lots. Is this a new model of
development going forward that we are going to see a lot. Is this supported because it is legally allowed
but a loop hole that we are not thrilled about or is it something that we are actually proactively promoting
as a way to benefit and focus on the historic preservation program. Ms. Garrow said we can provide more
detail at second reading. What we have done as staff is look closely at the relocation criteria and HPC did
as well during their review and believe that in this very unique instance it is maybe one of very few
instances that makes sense to relocate off site as a way to better preserve the structure. Councilman
Frisch said there are a few comments that I’m reading as a historic structure is better if it is more
prominent as opposed to where it originally was. Maybe not everyone wants to be prominent and I take a
little concern that trying to trophy size every historic property we can. If they happen to be in a humble
place, so be it. If it is in a place that is going to have the place fall apart then we can have that discussion
but there are a few comments about prominence and I’m worried about that as a direction that we are
giving.
Councilwoman Mullins asked is there any precedence for this. Ms. Garrow said there was a relocation in
1998 regarding 134 ½ w Hopkins and the Zupansis property. Councilwoman Mullins said not just
relocation but the lot split as well. Ms. Garrow said we do lot splits all over. Councilwoman Mullins said
she would like to have some conversation about is it appropriate for the neighborhood.
Councilman Frisch said we have seen historic structures move from one historic property to another
property. We are being asked to waive a magic wand and deem the lot historic. I’m concerned minimally
about what direction that is being done and what are those ramifications.
Mr. Bendon said I think it will be helpful of us to walk through our reconnaissance of the property as
well. There is a lot of back story we owe you to how did we get here.
Mayor Skadron asked do you live on the property. Brian replied we will live on the property. Mayor
Skadron said one of the hardest things for council is grasping historic preservation principles. What value
is a historic preservation designation if the designation can be rescinded simply upon request of a
developer or property owner. Mr. Bendon said the value is in the resource itself not the dirt.
Councilwoman Mullins said you could do a lot split on the property where it currently sits. Mr. Bendon
said it is a 15,000 square foot lot. We are not proposing a lot split. You start to run out of places to add
on to the resource. Councilwoman Mullins said to me it looks like at 333 Park you could restore the
Regular Meeting Aspen City Council August 13, 2018
6
house, split the lot and add one. Ms. Garrow said it is very difficult to do because of the steep slopes and
the stream margin you can’t restore the historic placement without running in to competing values.
Councilman Frisch moved to read Ordinance #22, Series of 2018; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO 22
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING
DEMOLITION, RELOCATION, RESCINDING DESIGNATION, DESIGNATION FOR THE
PROPERTY LOCATED AT 333 PARK AVENUE AND 931 GIBSON AVENUE, AS LEGALLY
DESCRIBED IN ATTACHMENT A
Councilman Frisch moved to adopt Ordinance #22, Series of 2018 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #16, SERIES OF 2018 - Purchasing Threshold Increase
Mayor Skadron said we have been through the details. He asked if there are any questions.
Mayor Skadron open the public comment. There was none. Mayor Skadron closed the public comment.
Councilwoman Mullins moved to adopt Ordinance #16, Series of 2018; seconded by Councilman Frisch.
Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #17, SERIES OF 2018 – Water Efficient Landscape Ordinance
Lee Ledesma, utilities, said this will modify the ordinance that was passed 15 months ago. Primary
changes are to extend the pilot program to the end of 2018. We are also recommending changes to the
standards as a response to community input. This will increase the water budget from 7.5 to 8.5 and
provide rain barrel incentives. It will just modify what was already adopted. Ben Carlson, parks, said one
benefit from the ordinance is we found low to medium turf grass that will be available to applicants. The
city is also using this grass.
Councilman Frisch said thanks for the hard work on this. I got a tour of the different grass options. We
will see some installs this fall. Mr. Carlson said there are handouts in the back. Councilman Frisch said
he is supportive of this and wants to make sure the grasses work long term. Jeff Woods, parks, said Ski
Co used it at Elk Camp last year. We are very confident.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #17, Series of 2018; seconded by Councilman Frisch.
Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
RESOLUTION #115, SERIES OF 2018 – Setting the ballot title of a Charter amendment submitted by
petitioners regarding election dates
Jim True, city attorney, stated this involves a charter amendment submitted by petitioners to move the
election day from May to March. They submitted petitions and obtained the appropriate number of
signatures. Council has to act at their next regular meeting. This is that meeting. This resolution sets the
ballot title that will be submitted to the county clerk. Note that what I proposed is the entire language of
the amendments be submitted on the ballots. Because this does affect the term for upcoming elected
Regular Meeting Aspen City Council August 13, 2018
7
individuals, that should be clearly set forth in the title itself. We had to address the terms for people
previously elected to and a few other provisions regarding the organizational meeting.
Art Daily, representing the petitioners, said this is the opportunity to increase voter participation across
the board. He whole heartily supports it. It is good for the community and widens the opportunity.
Mr. True said just to make sure we are clear, the terms for anyone elected in March will be shorter by
two months.
Mayor Skadron said nothing is ever easy. As I mentioned to the Next Gen committee, I generally support
the spirit. I’m working through some things that may be an issue. One of the issues is the actual election
cycle. I’m fearful of what it does to the quality of the candidate and forces a campaign through a busy
holiday season. One of the benefits of the current May election is that it is off season. This forces
campaign issues through a holiday ski season. Mr. Daily said I understand that point. I prefer to support
maximum voter participation.
Councilman Frisch moved to adopt Resolution #115, Series of 2018; seconded by Councilwoman
Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #19 AND #20, SERIES OF 2018 – Ballot language to amend Section 10.5 of the Charter
regarding enterprise fund bonding
Mr. Ture said both of these address the same issue. As discussed in the work session we discussed
bringing the charter up to speed with TABOR. When adopted in 1992 there were inconsistencies that led
to a requirement that led to any effort by an enterprise to go out an obtain any financing, our charter
would require it to go to a vote, TABOR would exempt that. Our charter would allow enterprises to fund
through general obligation bonds but TABOR prevents that. We are trying to put them in sync. This
would allow a utility enterprise to obtain financing without going to a vote. During the work session
Councilman Myrin wanted to put some limitation on that. Councilman Frisch agreed with that. I have
prepared two options, one with no limitations and one with a funding under an amount of 10 million
dollars. I recommend you adopt both at first reading and when the entire board is here you discuss both
alternatives. You could put both on the ballot then the one with most positive votes would go into effect.
I’m not sure I would recommend that. The 10 million, I think Bert had mentioned that.
Councilman Frisch said I’m supportive of passing these on first reading.
Mayor Skadron said this is our version of getting in line with tabor. Mr. True replied correct. Because of
our charter and the amendment that was pre tabor. Tabor envisioned certain things should be run as a
business.
Councilman Frisch moved to read Ordinance #19, Series of 2018; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 19
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTION 10.5. TO ALLOW A
DULY CREATED ENTERPRISE TO ISSUE REVENUE BONDS WITHOUT SUBMISSION TO THE
ELECTORATE CONSISTENT WITH THE PROVISIONS OF THE COLOADO CONSTITUTION
KNOWN AS THE TAXPAYER BILL OF RIGHTS (TABOR)
Regular Meeting Aspen City Council August 13, 2018
8
Councilman Frisch moved to adopt Ordinance #19, Series of 2018 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
Councilwoman Mullins moved to read Ordinance #20, Series of 2018; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO 20
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTION 10.5, TO ALLOW A
DULY CREATED ENTERPRISE TO ISSUE REVENUE BONDS IN AN AMOUNT NOT IN EXCESS
OF $10,000,000 WITHOUT SUBMISSION TO THE ELECTORATE CONSISTENT WITH THE
PROVISIONS OF THE COLORADO CONSTITUTION KNOWN AS THE TAXPAYER BILL OF
RIGHTS (TABOR)
Councilwoman Mullins moved to adopt Ordinance #20, Series of 2018 on first reading seconded by
Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #21, SERIES OF 2018 – Ballot language to amend Section 11.4 of the Charter regarding
franchises
Mr. True said we have a very unusual provision that requires any franchise to be submitted to a vote of
the electorate. There are other communities that have that but it is more and more rate. In certain
instances it can cause problems with trying to present to the electorate a complicated franchise agreement.
We are always worried that we get the information out so the electorate can process it. It will come up
with Comcast. What we are proposing is we get the city in line so that Council adopts franchises.
We would not that the deadline for any other ballot issues that don’t require adoption by ordinance is
September 7th.
Councilwoman Mullins moved to read Ordinance #21, Series of 2018; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO. 21
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING
THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTION 11.4, TO MODIFY
THE MANNER IN WHICH FRANCHISES ARE GRANTED.
Councilwoman Mullins moved to adopt Ordinance #21, Series of 2018 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
Councilman Frisch moved to adjourn at 6:45 p.m.; seconded by Councilwoman Mullins. All in favor,
motion carried.
Linda Manning, City Clerk