HomeMy WebLinkAboutminutes.council.20140512Regular Meeting Aspen City Council May 12, 2014
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SCHEDULED PUBLIC APPEARANCES .................................................................................... 2
National Police Appreciation Week Proclamation...................................................................... 2
CITIZEN COMMENTS AND PETITION ..................................................................................... 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
AGENDA DELETIONS AND ADDITIONS ................................................................................ 2
BOARD REPORTS ........................................................................................................................ 3
CONSENT CALENDAR ............................................................................................................... 3
□ Resolution #62, Series of 2014 – Sky Hotel Food Service Contract – USA Pro Challenge 3
□ Resolution #61, Series of 2014 – Extension of Aspen Modern Negotiation Period – 120
Red Mountain Road ............................................................................................................. 3
□ Resolution #63, Series of 2014 – 2014 RNL Facility Master Planning Contract
Amendment 1 ....................................................................................................................... 3
□ Minutes – April 28, 2014 ..................................................................................................... 3
ORDINANCE #12, SERIES OF 2014 – Pfister Subdivision Amendment ............................. 3
ORDINANCE #13, SERIES OF 2014 – Pitkin County Library, 120 N. Mill Street,
Ordinance Amendment ............................................................................................................... 4
ORDINANCE #10, SERIES OF 2014 – 905 E. Hopkins Ave (Mountain House) – Lot Split 5
Regular Meeting Aspen City Council May 12, 2014
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Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Romero,
and Mullins present.
SCHEDULED PUBLIC APPEARANCES
National Police Appreciation Week Proclamation. Mayor Skadron read the proclamation and
declared May 11-17, 2014 as Aspen Police appreciation week to recognize the dedication and
service of Aspen police officers for safeguarding our communities.
Jay Maytin, chair of the historic preservation commission, presented the 25th annual historic
preservation award to the White House Tavern with recognition to the Hillstone Restaurant
Group, Rowland and Broughton, John Olson Builders, Albright and Associates, and Vann
Associates.
Ann Mullins presented the Elizabeth Paepcke award for historic preservation to Aspen
Community Church recognizing Aspen Community United Methodist Church; Fonda Patterson
and David Ellis, board of trustee’s representatives; Mary Kay Oxley Foundation; William H
Baker Construction; Jim Curtis, owner’s representative; Mills & Schnoering Architects; Pattillo
Associates Engineers; Gallegos Corporation and Liz Means Consulting.
CITIZEN COMMENTS AND PETITION
Patrick Segal complimented the Aspen Times on the commentary by Paul Anderson on
Apartheid and Israel.
COUNCILMEMBER COMMENTS
1. Councilman Frisch said he was is Switzerland and it’s good to be back in Aspen.
2. Councilwoman Mullins said Arbor Day was a great turnout and fun.
3. Councilwoman Mullins said the science fair at Jimmy’s on Sunday was a great fair with
tons of kids and experiments. There is one more next Sunday from 12-4.
4. Mayor Skadron said he was in New York City for a Streets as Places conference. While
there he purchased a ten dollar 24 hour pass for city bike. He said it works there and is
excited for our second season of we cycle.
AGENDA DELETIONS AND ADDITIONS
The action item Tree Permit Appeal – 206 Lake Avenue has been deleted from the agenda.
Regular Meeting Aspen City Council May 12, 2014
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BOARD REPORTS
Councilwoman Mullins said at the last POD meeting, health and human services groups, there
was a mental health forum and there will be a follow up meeting on the 28th from 6-8:30 pm at
Roaring Fork High School.
Councilman Frisch was at the CORE retreat and will have more information at the next meeting
Mayor Skadron attended the RFTA meeting but there was not a quorum from RFTA so no votes
were taken.
CONSENT CALENDAR
Mayor Skadron pulled Resolution #62, Series of 2014 – Sky Hotel Food Service Contract – USA
Pro Challenge. Councilwoman Mullins asked why there was only one bid. Sandra Doebler,
special events, told the Council it went out as three different RFP’s through the purchasing
process and this was the only response. Mayor Skadron asked what the 28,000 dollars includes.
Ms. Doebler replied it is for box lunches for two days for the entourage and the VIP tent. She
stated this amount is in the budget and on par with what was spent last year.
□ Resolution #62, Series of 2014 – Sky Hotel Food Service Contract – USA Pro Challenge
□ Resolution #61, Series of 2014 – Extension of Aspen Modern Negotiation Period – 120
Red Mountain Road
□ Resolution #63, Series of 2014 – 2014 RNL Facility Master Planning Contract
Amendment 1
□ Minutes – April 28, 2014
Councilman Frisch moved to approve the Consent Calendar; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE #12, SERIES OF 2014 – Pfister Subdivision Amendment
Chris Bendon, community development, told the Council this is an amendment to a three lot
subdivision located in the Maroon Creek Club. There are both city and county regulations here.
The request is to strike the county approvals and replace them with city approvals. This requires
an amendment to the subdivision and a new plat. Staff is recommending approval and the public
hearing is set for May 27.
Councilman Romero asked if this needed to be coordinated with the HOA. Mr. Bendon replied
it is recognized as a different subdivision than the Maroon Creek Club so the HOA would not
apply.
Councilman Romero asked if the county is a referring body. Mr. Bendon said it is not on their
boundary.
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Councilwoman Mullins asked why the county code is still in place when the lots were annexed.
Mr. Bendon said they should have been converted into city.
Mayor Skadron asked if there are unintended costs the city is burdened with. Mr. Bendon said it
will be simpler for staff to review building permits and for designers to work within one set of
code.
Councilman Frisch moved to read Ordinance #12; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE NO. 12
(SERIES OF 2014)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A MINOR
SUBDIVISION AMENDMENT AND AN AMENDMENT TO THE ANNEXATION
AGREEMENT FOR THE ARTHUR O. PFISTER SUBDIVISION LOTS 2 AND 3, CITY OF
ASPEN, PIRKIN COUNTY, COLORADO.
Councilman Romero made a motion to approve Ordinance #12, Series of 2014, on first reading;
seconded by Councilwoman Mullins. Roll call vote; Councilmembers Romero, yes; Mullins,
yes; Frisch, yes; Mayor Skadron, yes. All in favor, motion carried.
ORDINANCE #13, SERIES OF 2014 – Pitkin County Library, 120 N. Mill Street, Ordinance
Amendment
Jennifer Phelan, community development, told Council this is to amend the approvals granted for
the Pitkin County Library to reflect the new design proposal. Ordinance #19 of 2012 approved a
7,200 square foot addition to the library and are now proposing a more modest addition. Ms.
Phelan stated staff recommends approval and the public hearing is scheduled for May 27th.
Councilman Frisch moved to read Ordinance #13; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE NO. 13
(SERIES OF 2014)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO ORDINANCE NO.19 (SERIES OF 2012) THAT APPROVED THE
PITKIN COUNTY LIBRARY TO CONSTRUCT A TWO STORY ADDITION TO THE
EXISTING FACILITY, 120 N. MILL STREET, CITY OF ASPEN, COLORADO, LEGALLY
DESCRIBED AS LOTS 2 AND 3 OF THE RIO GRANDE SUBDIVISION.
Councilman Romero moved to approve Ordinance #13, Series on 2014, on first reading;
seconded by Councilman Frisch. Roll call vote; Councilmembers Romero, yes; Mullins, yes;
Frisch, yes; Mayor Skadron, yes. All in favor, motion carried.
Regular Meeting Aspen City Council May 12, 2014
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ORDINANCE #10, SERIES OF 2014 – 905 E. Hopkins Ave (Mountain House) – Lot Split
Justin Barker, community development, said the current property is 12,000 square feet. The
proposal is to subdivide into two fee simple lots of 6,000 square feet each. Currently the
property is zoned as residential multi-family with a lodge preservation overlay. The proposal
meets all the subdivision review criteria. There would be a nonconformity with the lot split since
the lodge would span over the new lot line. The code does allow for this as long as the
nonconformity is remedied before the filing of the plat. The typical timeframe for this is 180
days and the applicant has asked for it to be extended to one year. The building and engineering
departments believe 180 days is adequate to receive the necessary permitting and staff is
recommending that.
Mr. Barker addressed the questions from first reading including why is rezoning not part of this
hearing. He told Council the LP overlay would still remain on the property allowing for a
broader variety of future uses. He also said there were no prior bankruptcies that would limit
future uses. Mr. Barker said the nonconforming structure has a right to remain under the current
code and staff is supportive to prevent any new nonconformities from being created.
Mr. Barker said staff is supportive of the request with the condition that the lodge shall be
removed no later than 180 days from the approval of the ordinance.
Stan Clauson said they initially requested a one year extension but would like to extend it further
to two years. He said the applicants would like to look at other alternatives.
Councilman Romero asked how many lodge rooms are in the Mountain House. Mr. Clauson
replied 26. Councilman Romero asked if the intention is to continue to operate. Mr. Clauson
said it is.
Councilwoman Mullins asked what the downsides are to extend to two years from 180 days. Mr.
Barker said there is no guarantee as to what would happen over the two years. With 180 days
there would be more certainty.
Councilman Frisch stated he does not see a lot of downsides as it provides more options for the
applicant. It also allow them to keep the lodge open longer. He said he would be supportive of
the two years.
Mayor Skadron said he is concerned and suggested a continuance to see if a lodge incentive may
work since they are being reworked in the near future. He said once Council agrees to the
Ordinance it fails to become a negotiation. The applicant is in the position to demand or
demolish.
Councilman Romero asked if the lodge will be open this summer. Mr. Michael Brown told the
Council they are involved with city staff to work on the lodging incentives and plan on running
the lodge for the summer.
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Mayor Skadron asked if the meeting were to be continued until the lodge incentives were worked
out, what kind of incentives would be favorable. Mr. Clauson said generally, associated
residential development is the best incentive for redevelopment and preservation of lodges. He
said the requirements have been met and is unsure of the basis for continuance. Mr. Bendon told
the Council that the land use application and the code under which it was submitted won’t
change. The criteria are straight forward and almost an administrative review. If it was
continued the code under which they applied wouldn’t change so it would be the same criteria.
He said there is nothing wrong with extending to two years but there may be the situation where
the applicant already has an approval and is pursuing another one. Mayor Skadron asked what
the basis for a recommendation longer than 180 days would be. Mr. Bendon said if it was a
complex project.
Mayor Skadron opened the public comment.
1. John Werning told the Council he built and managed the Mountain House for 33
years. He said it is the vibrant center for that side of town. He said the Brown
brothers are in the lodging business and they can come up with something that works
for the community. He said the two year extension is a no-brainer.
2. Patrick Segal said this should not be an administrative decision but a community one.
He said Council should continue and consider the use of eminent domain.
3. Marcia Goshorn told the Council she supports the two year extension and would love
to see it stay a hotel. She suggested the City do more to market the small lodges and
use the marketing fund to promote them.
4. Julianne Steel said they have a right to do the lot split but need to look at the local’s
point of view. She said the area will be in flux for two years and is concerned with
the uncertainty of what will happen.
5. Mr. Barker said he received an email from Bill Tomcich expressing his concern for
the loss of the lodging units and the impact it may have on the other lodging
properties in town.
Mayor Skadron closed the public comment.
Councilman Frisch said he is going to support the two year extension. He said he would rather
see what the two years bring as far as additional approvals then have a wrecking ball tear down
the lodge now.
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Councilwoman Mullins said the two year extension is great and would like to see it remain a
lodge. She understands the uncertainty of the neighbors. She said she would support continuing
for two months to see what the lodging incentives may do.
Councilman Romero said he appreciates the eminent domain suggestion but it is off the table for
him. He said procedurally could Council justify a continuance when all the criteria is met. He
said he believes the two year extension is in everyone’s interest and says yes.
Mayor Skadron said his suggestion of a continuance was for mutual benefit. He brought up the
December Daily News article where Michael Brown said “The city would need compelling
commercial incentives in order to continue as a lodge” and to “implement the most drastic
incentives”. Mayor Skadron asked if there is desire to see the Mountain House property as a
hotel in the future. Mr. Brown said drastic was in the context of the incentive matrix that was
prepared by community development. He said they continue to have ongoing dialog with
community development.
Mr. Clauson said typically a continuance is used to gather additional facts and in this case there
are none.
Mayor Skadron asked what was in the drastic column. Mr. Bendon told the Council it includes a
lot of the things they have been talking about but to the extreme.
Councilman Frisch moved to adopt Ordinance #10 with the condition that the plat filing deadline
is extended form 180 days to two years; seconded by Councilman Romero. Roll call vote;
Councilmembers Romero, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. All in favor,
motion carried
Councilman Romero made a motion to adjourn at 7:00 pm, seconded by Councilman Frisch. All
in favor, motion carried.
Linda Manning City Clerk