HomeMy WebLinkAboutminutes.council.20100927 Regular Meeting Aspen City Council September 27, 2010
PROCLAMATION — H.B. 1017 — Aspen Affordable Housing Day 2
PITKIN COUNTY CLERK — Election Information 2
ICLEI AWARD 2
CITIZEN PARTICIPATION 2
COUNCILMEMBER COMMENTS 3
CONSENT CALENDAR 4
• Resolution #77, 2010 — Burlingame II Implementation Contracts - Architect,
Program Manager, Contractor at -risk; Engineer 5
• Minutes — August 4; September 13, 2010 5
ORDINANCE #17, SERIES OF 2010 — Code Amendment Signs 5
RESOLUTION #78, SERIES OF 2010 — Extension of Vested Rights Dancing Bear 8
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Regular Meeting Aspen City Council September 27, 2010
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Torre,
Skadron, Romero and Johnson present.
PROCLAMATION — H.B. 1017 — Aspen Affordable Housing Day
Mayor Ireland and Council thanked the following for helping to pass HB10 -1017:
Housing Colorado, Colorado Coalition for the Homeless, Colorado Association of Homes
and Services for the Aging, Lutheran Advocacy Ministry of Colorado, AARP Colorado,
All Families Deserve a Chance Coalition, Voices for Justice, Colorado Counties Inc.,
Colorado Municipal League, Rep. Daniel Kagan, Sen. Betty Boyd, Rep. Paul
Weissmann, Rep. Terrance Carroll, Sen. Brandon Shaffer, Sen. Gail Schwartz, Rep.
Kathleen Curry, Aspen Mayor Mick Ireland, Pitkin County Attorney John Ely, APCHA
Counsel Tom Smith, Tim Belinski of Joseph Freed and Associates, and, most of all, the
Aspen Pitkin County Housing Authority and proclaimed September 27 as Aspen
Affordable Housing Day and presented the proclamation to Tom McCabe, housing
director.
PITKIN COUNTY CLERK — Election Information
Janice Vos- Caudill and Dwight Shellman, Pitkin County Clerk's Office, outlined that
October 4 is the last day to register to vote for the November election; that early voting
starts October 18 and the last date to early vote is October 29` Ms. Vos - Caudill noted
that residents can go to pitkinvotes.org to check their voter information. Ms. Vos - Caudill
stated it is important that elector's information is updated as that determines what
questions one votes on. There are also sample ballots online so people can be prepared at
the polls. Mail in ballots will be mailed out October 12` Shellman said people who will
be leaving before the ballot is ready and going to parts of the world where mail service is
difficult can vote a mail -in ballot in the office of the Pitkin County Clerk.
ICLEI AWARD
Lauren McDonnell, ZGreen program, told Council the city received an award for energy
efficiency innovation for small communities for the ZGreen program in Aspen. Ashley
Cantrell, environmental health department, presented Council with reusable water bottles
to promote Aspen water and t -shirts supporting ZGreen.
CITIZEN PARTICIPATION
1. Marilyn Marks noted there are 10 official write in candidates and if one votes for
any of these, they need to write in the name and fill in the oval for that office. Ms. Marks
encouraged Council to make sure the public has a process for formalized written feed
back for the AACP. Ms. Marks stated she is concerned that the ordinance regarding the
Given Institute is an emergency ordinance and that it may set a precedent for land use
matters. The community deserves to have a dialogue about this issue. Ms. Marks said
she would like the first reading of this ordinance made moot unless Council justifies it
was an emergency.
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Regular Meeting Aspen City Council September 27, 2010
2. Toni Kronberg brought up the outside swimming pool at the ARC, which is not
one of Council's top ten goals. Ms. Kronberg asked how this project fits in with the
budget and the city's plans. Ms. Kronberg said the county has stated they are no longer
funding the recycle center and the city will have to pick up that expense or do away with
the recycle center. The county is working on implementing curbside recycling
throughout the county and the recycle center may become redundant. Ms. Kronberg
suggested a footprint at Burlingame for a gondola terminal station be included in the
planning. Ms. Kronberg asked why the city is allowing the Wienerstube to be
demolished when they recommended Sandy's and Bidwell buildings be recycled.
3. Bill Wiener proposed a canine Octoberfest for Aspen where people with different
dog breeds could bring them to the park and display them and suggested a dog food
company may sponsor this.
4. Emzy Veazy brought up a sales tax holiday like over Columbus Day holiday or
over Thanksgiving. Veazy presented articles from Beverly Hills about a zip code
celebration which Aspen could have 8/16/11.
5. Ross Cribbs reminded Council he appeared before them in June and since then
has followed appropriate channels in his request to create a small gallery from an interior
pedestrian corridor in a building in the commercial core. Chris Bendon, community
development department, said Council would have to have a work session to direct staff
to develop a code amendment to address this issue. Cribbs said his correspondence from
staff was that they were unprepared to recommend a work session and needed Council
direction. Council agreed to have staff schedule a work session to address this issue.
6. Blanca O'Leary brought up voter registration and the deadline next Monday,
October 4 and encouraged people to register if they are not. On Saturday at the
Farmer's Market there is a voter registration table. Ms. O'Leary said on Sunday in
Paepcke Park there is a voter registration and ice cream Democratic rally.
7. Bob Wade told Council snow fencing has been flown out of Independence Pass
and thanked Council for their support of Independence Pass Foundation. This is mostly
volunteer work done with a lot of different agencies.
COUNCILMEMBER COMMENTS
1. Councilman Romero brought up the work that has been done by Summit 54 to
support education in the elementary and middle schools levels. Summit 54 refers to the
number of 14ers in Colorado and is a symbol of leadership and serving a good example
for the youth and Tony Cain is a good example of giving back more than he takes.
2. Councilman Skadron said he attended a hockey game which included Red Wing
hockey players at the ARC and left with an appreciation for having a facility like the
ARC, which helps make Aspen a community and a place to have community events.
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Regular Meeting Aspen Citv Council September 27, 2010
3. Councilman Torre congratulated the Aspen High School football team for a
winning homecoming game and said he attended the pep rally downtown and it, too,
reinforces the community and the support for school teams.
4. Councilman Torre said he feels a 40% voter turn out is abominable and would
like to encourage everyone to register and to vote in the upcoming election.
5. Mayor Ireland noted for the first time ever, Aspen High School is ranked number
1 in football.
6. Mayor Ireland reported he attended the Wapiyapi ride, a fund raiser for cancer.
Mayor Ireland said he thought the ride was moderately difficult and Denis Murray did the
ride in a hand cycle.
7. Mayor Ireland said there have been stories in the newspaper about a group of
citizens meeting to talk about the hydro plant; the city is not participating in these
meetings and hopes some accommodations can come out of this toward a solution.
8. Steve Barwick, City Manager, asked that the Given institute be added to the
agenda. Councilman Torre moved to add extending Ordinance #48 negotiations for the
Given Institute to the agenda as an action item; seconded by Councilman Johnson. All in
favor, motion carried.
9. Councilman Skadron reported he attended a CORE meeting last week and the
Department of Energy is about to issue a $4.9 million grant, the money coming as a result
of the energy smart program. The money will be managed through Eagle County and is
intended for 3 counties, including Pitkin County. The money will be used for staff, to
monitor and track the program, revolving bridge loads for energy improvements. The
CORE board discussed solar rebate recommendations for community solar farms; its
funding and its viability.
CONSENT CALENDAR
Councilman Torre said he would like to discuss Resolution #77, 2010, Burlingame
Implementation Contracts. Councilman Torre said he would like to know where the city
is with the Burlingame process, that the city has conducted innumerable meetings with
the public. Councilman Torre said this is the next phase of the delivery process and he
would like the community to be aware of this. Chris Everson, affordable housing project
manager, reported during the 2010 budget process, Council authorized funding for
Burlingame phase II integrated project delivery design. Council requested the contracts
be organized so that they could be phased in alignment with the integrated delivery
process. The initial contracts covered conceptual, criteria design and detailed design
phases. Since March 2010, the design team has been going through a public outreach
process available to everyone in the community. The evolution of the design process was
discussed. Everson noted the project is at 100% detail design and the next step is to go
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Regular Meeting Aspen City Council September 27, 2010
into the implementation documents or construction documents phase. Everson said the
$586,000 requested has already been budgeted and is not a change order.
Councilman Torre noted this project has been highly scrutinized by Council a number of
times. Council has looked many things, including the layout. Councilman Johnson asked
what are the next steps and the timing. Everson said November 23` there is a work
session to deliver the guaranteed maximum price proposal. The design team is working
on an application for P &Z which should be delivered in fall of this year. It will not be
before Council until the fall of 2011. The design team will also be working on
construction documents for the project. Everson said the schedule is early next year for a
fully designed facility that could be built when the time is appropriate.
Councilman Romero said the process has flexibility to focus on phase - ability of the
project with discrete points of stop and of start.
Councilman Torre moved to approve the consent calendar; seconded by Councilman
Skadron. The consent calendar is:
• Resolution #77, 2010 — Burlingame II Implementation Contracts - Architect,
Program Manager, Contractor at -risk; Engineer
• Minutes — August 4; September 13, 2010
All in favor, motion carried.
ORDINANCE #17, SERIES OF 2010 — Code Amendment Signs
Drew Alexander, community development department, pointed out the proposed changes
fall under exempt signs, prohibited signs, how to measure signs, placement, etc.
Alexander explained for several years staff has been struggling with the sign code which
in practice is hard to implement, and is overly complex in how signage is allotted to
businesses. Alexander told Council staff has been working on these changes since
September 2009 and has had meetings with CCLC, with P &Z, with ACRA board and
staff hosted two open houses. Alexander noted staff has kept the community updated by
e -mail with the proposed revisions. Staff also looked at other towns' sign codes and
talked to a long time local sign painter.
Alexander noted there are options with pros and cons. The first changes are proposed
signage allotment; option A is the current code and option B is a change to a business
based system rather than a building based system. There are exceptions for buildings
that occupy half a block or 27,000 square feet of lot area and they would get 20 square
feet of signage. Offices and service uses, depending on the number of tenants in a
building, 4 or more tenants operating under that use, the allotment would be 3 square feet.
A building could have a directory sign for 1 square foot of exempt signage for each of the
uses in the building.
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Regular Meeting Aspen City Council September 27, 2010
There can be one projecting and hanging sign per facade without counting towards the
signage allotment, which is an additional 6 square feet of signage. Alexander said a
facade is the street facing element of a building; anything facing one -way on a building.
Alexander said there is a bonus for cut out signs; it is only counted at half its geometric
shape. Alexander noted this adds flexibility to the sign code to put the decisions in the
hands of the designer to maximize signage for a business. Alexander showed examples
of how this would work on a 15' store front. Alexander pointed out the current code
would allow one or several businesses to use up all the sign allotment leaving nothing for
businesses moving in.
Chris Bendon, community development department, said the proposed amendments are
more fair and simpler to administer. Alexander said option C would require looking at
the particular business space within a building. Alexander said Council could pick a new
option D with less restrictive numbers. Alexander told Council he visited 20 businesses
and measured their signage and for retail and restaurant are mostly at or slightly above 6'.
Mayor Ireland suggested "grandfathering" those businesses that are over the new 6'
regulations because there is not outrageous non - compliance. Alexander said that is an
option.
Mayor Ireland questioned including political yard signs which typically disappear after
an election. Mayor Ireland agreed these should not be in public rights -of -way. Bendon
agreed with eliminating the political sign regulations; it may be getting into free speech.
Mayor Ireland suggesting continuing the ordinance to have a grandfather provision added
to the ordinance and to have more discussion on political signs. Councilman Torre said
one of his goals was to allow more creativity downtown. Councilman Johnson said he
wants to be careful not to overburden small businesses having to do new signs or not
being able to have going out of business signs. Councilman Johnson suggested either
increasing the amount of square footage allowed or keeping it at 6' and increasing the
bonus allowed.
Councilman Skadron asked if there is one recommendation to Council from the citizens'
groups. Alexander said the 6' square feet was discussed; however, most of the
discussions centered around sandwich boards. Councilman Torre said many buildings
have restrictions on signs imposed by the landlord. Alexander said in his zoning reviews
for signs, many landlords are not involved with signage.
Alexander told Council awning signs were discussed at the P &Z level. There are 3
components to awning — slope, side and skirt. Option A would allow wording on plane
and skirt; logos on icons limited to 1 square feet. Lettering and logos are required in a
consistent horizontal or vertical bond, one band allowed per awning plane or skirt. The
existing size regulation is 18" for the first letter and 12" for all others. Option B would
not allow signage on the slope plane. Option C signage allowed only on skirt and Option
D no signage on awnings allowed. The current sign code is most similar to A without
language about consistency on the bands.
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Regular Meeting Aspen City Council September 27, 2010
Alexander pointed out there are 5 options on sandwich board signs. The ordinance does
not contain a direction. Option A is no sandwich board signs. Alexander noted the
enforcement would be the easiest in this option; however some stores are difficult to
locate and need some directional signs. Option B is to enforce the existing sign code
which would result in a reduction of the existing sandwich boards. Bendon said this
option may not address the criticism of clutter of sandwich boards. Bendon said staff's
desire to easily comprehensible and enforceable sign code.
Alexander said option C has criteria for business to qualify for sandwich boards, like
businesses with no store front parallel to the adjacent right -of -way; upper level or
subgrade businesses with common access through a common entry way; businesses that
are obscured by buildings or other businesses. Option D would allow directory signs for
multi -tenant buildings a 3' square foot direction sign exempt from the signage allotment.
Another option would grant board signs for 1 week or certain time periods; these signs
would have stickers with the expiration date.
Angie Marasco, Tanya Gibb Gallery, on Hyman Mall on the corner of the alley noted
they have a challenging location and there are many sandwich boards in the area. Ms.
Marasco said she feels sandwich boards devalue the look of the mall; however, that may
not be fair for businesses that do not have a storefront location. Option C seems the
fairest option for all businesses. All the sandwich boards often set up a blockade across
the mall. Option C would require smaller signs. Stephan Isberian said generally the
town looks good. Isberian said the signage allotment is fair. Isberian said in this
economy, businesses need to do everything they can to get people pay attention to what is
there. Isberian said he likes the city going through this exercise and noted that
enforcement is important in what is acceptable and what is not.
Mayor Ireland said a large complaint is the way sandwich boards have been placed,
causing people to weave to avoid them. Isberian said he objects to 15 signs in store
windows announcing deals or going out of business. Justin Barrow questioned whether
most businesses are within the existing or proposed sign code. Barrow said there are a lot
of businesses that do not fit, like national retailers with posters in the windows — what is a
display and what is a sign. Barrow asked if buildings without an awning could have extra
sign space. Bendon pointed out it is measured whether it is on the awning or on the
window, you get the same square footage.
Bendon told Council staff could do more reconnaissance on existing businesses before
final adoption. Bendon said there could be a benchmark for businesses that have larger
than average square footage but not quite half a block. Bob Wade said he most favors
option C on the sandwich boards because there is too much clutter. Wade said the mall
feels like dodge ball rather than a pedestrian environment. Wade said he would not want
to see awning signs incentivized on buildings like the Elks building. Wade said option A
for sign allotment is good. Wade said it would be expensive for businesses to have to
change because of a new sign code.
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Regular Meeting Aspen City Council September 27, 2010
Heather Isberian said she is concerned about enforcement of sign regulations, which is
currently a complaint based system. Ms. Isberian said she finds it difficult to complain
about other businesses. Ms. Isberian told Council being able to put signs out announcing
sales works and it would be difficult if these were limited to 4 or 6 weeks.
Mayor Ireland said Council favors option C for sandwich boards, more data on present
degree of compliance, and what grandfathering of signs would look like.
Councilman Romero moved to continue Ordinance #17, Series of 2010, to October 25;
seconded by Mayor Ireland. All in favor, motion carried.
RESOLUTION #78, SERIES OF 2010 — Extension of Vested Rights Dancing Bear
Councilman Romero recused himself'. Mayor Ireland said his issue with extending vested
rights is that the property needs to be cleaned up and there has to be a point where this
project gets remediated if it does not work. Mayor Ireland said he would like extension
of vested rights conditioned on cleaning up the site and removing not needed equipment.
Jennifer Phelan, community development department, said this request is to extend
vested rights and the building permit approvals for 219 East Durant, Dancing Bear phase
II to June 2014. The approval is for 11 time share units, 21 keys and 2 on site affordable
housing units. The approvals expire on June 2011. This property is in receivership and
active litigation. Ms. Phelan said the applicants feel the extension of vested rights is
necessary to resolve those issues. Ms. Phelan noted there are recommended conditions of
approval. Staff requests within 30 days an amendment to the adoption of the subdivision
improvement agreement be approved. Most conditions have to do with site work to be
completed in the next 60 days.
Jean Colter, representing the receiver, said the city should consider requiring a more
permanent fence surrounding the site. Councilman Johnson said he would like to see
fencing that secures the site and looks nice visually. Ms. Colter committed to cleaning
up the site as well as to continual monitoring. Councilman Torre asked what the options
for this property are. Ms. Colter said one of the major issues preventing movement of the
project is litigation and bankruptcy proceedings with no clear owner of the property. The
trustees are charged with maintaining and protecting the property while the issues are
being resolved. Ms. Colter said the reason for 3 years is to have enough time to resolve
these issues and to have a known development. Councilman Torre asked if denying this
extension would give the city greater flexibility to see a new application. Jim True,
special counsel, opined it would not. Mayor Ireland noted this request would allow the
applicants to refinance in order to complete the project. Mayor Ireland said he would like
a condition added that the vested rights will take effect when the site is cleaned up and
fencing installed. Tom Todd, attorney for the receiver, said the receiver may not have the
authority to post bonds and he will research this.
Mayor Ireland moved to approve Resolution #78, Series of 2010, Extension of vested
rights for the Dancing Bear conditioned additionally upon vested rights taking effect
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Regular Meeting Aspen City Council September 27, 2010
when the clean up and fencing is complete and a bond is posted for restoration of the
property or security acceptable to the city attorney shall be posted for remediation of the
property at the end of vesting; seconded by Councilman Johnson.
Mayor Ireland opened the public hearing.
Hugh Hatcher, 205 E. Durant, representing South Point condominiums, reminded
Council their building is right next to this construction site. Hatcher said he has met with
the receivers and agrees the most viable alternatives to getting this project underway by
2014 is to support this extension. Hatcher said their condominium association worked
with the developers on the approved plans and their issues were resolved in those plans
and they feel they have an investment in the approved plan.
Councilman Torre stated he is opposed, generally, to vested rights as an extension of
construction -based problems in the community. Councilman Torre questioned whether
this project was in the best interests of the community when originally approved and
now. Councilman Torre noted he likes the inclusion of financial assurances but feels
some or all of the 14 conditions should have already been worked out.
All in favor with the exception of Councilman Torre, motion carried.
Jim True, special counsel, reminded Council extending Ordinance #48 negotiations for
the Given Institute has been extended to October 25 and staff is requesting an extension
of that one more day to October 26 to match the demolition permit.
Councilman Johnson moved to extend Ordinance #48 negotiations for the Given Institute
to October 26; seconded by Councilman Torre. All in favor, motion carried.
Mayor Ireland moved to go into executive session at 8:00 p.m. pursuant to 24- 6- 402(4)(a)
The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property
interest and (b) Conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions; seconded by Councilman Torre. All in
favor, motion carried.
Mayor Ireland moved to come out of executive session at 8:50 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Councilman Torre moved to adjourn at 8:50 p.m.; seconded by Councilman Johnson. All
in favor, motion carried.
Kathryn ` Koch, ity Clerk
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