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HomeMy WebLinkAboutminutes.council.20140908Regular Meeting Aspen City Council September 8, 2014 1 SCHEDULED PUBLIC APPEARANCES. ................................................................................................. 2 CITIZEN COMMENTS AND PETITION ................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #97, Series of 2014 – Aspen Junior Hockey Lease ...... Error! Bookmark not defined. Resolution #101, Series of 2014 – South Monarch Street Pedestrian and Drainage Improvements Project – Change order .................................................................... Error! Bookmark not defined. Minutes – August 11, 2014 ............................................................. Error! Bookmark not defined. Resolution #102 – Approval of the COA Lease for Space at 101 Founders Pl ....Error! Bookmark not defined. Suites 104 and 105. ......................................................................... Error! Bookmark not defined. Ordinance #27, Series of 2014 – 417 and 421 W. Hallam Street, Amendment to Landmark Designation .. 3 Resolution #103 – Series of 2014 – Police Department Temporary Use at Obermeyer Place ..................... 5 Ordinance #21, Series of 2014 – 301 Lake Avenue, AspenModern Negotiation for Voluntary Landmark Designation ................................................................................................................................................... 5 Ordinance #22, Series of 2014 – Rubey Park – PD Amendment ............... Error! Bookmark not defined. Ordinance #24, Series of 2014 – Charter Amendment regarding Council VacanciesError! Bookmark not defined. Ordinance #25, Series of 2014 – Charter Amendment regarding Term Limits ......... Error! Bookmark not defined. Resolution #99, Series of 2014 – Submitting Charter Amendment to the Electorate regarding Council Vacancies .................................................................................................... Error! Bookmark not defined. Resolution #100, Series of 2014 – Submitting Charter Amendment to the Electorate regarding Term Limits .......................................................................................................... Error! Bookmark not defined. 417 and 421 W Hallam Street – Notice of Call Up for HPC Conceptual Approval .. Error! Bookmark not defined. Ordinance #20, Series of 2014 – Chart House and Dancing Bear Lodge PUD Amendment – Pedestrian Tunnel ......................................................................................................... Error! Bookmark not defined. Regular Meeting Aspen City Council September 8, 2014 2 Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Mullins, Daily, and Frisch present. SCHEDULED PUBLIC APPEARANCES – Josh Wolman, the new Headmaster for Aspen Country Day School told the Council he and his family moved to Aspen on July 14th from Boston. He has received a warm welcome from everyone and thanked the community. ACDS is opening with 208 students, pre-K through eighth grade where half the students are from outside of Aspen. He said his goal is about community outreach and integration. CITIZEN COMMENTS AND PETITION 1. Albert Sanford, owner of Gallery Maximillian said there is a problem with outside for profit businesses coming to Aspen in high season during the busiest weeks and weekends to draw business from traditional businesses like his. They advertise they are selling seized assets but if you read the fine print that is not what they are selling. They rotate between the Limelight, St. Regis and Westin. They are taking advantage of guests coming to Aspen. They send out mailers and hired kids to distribute booklets. They park their trucks with advertising on the trucks all over town. There are shows at the Ice Garden and with the City being landlord. They are bringing outside vendors in to compete with galleries and shops. Councilman Frisch said they are on the Agenda for the 17th CCLC meeting. It is one thing to have a pop up shop but these people zip in and out. He heard they are not paying sales tax and he has concerns about that. He is not sure how much we can do to stop a private hotel. Mayor Skadron suggests when they go to CCLC to engage Riley Tippet. He would like Riley’s input and to carry this to the Chamber. Jim True said they can address the Ice Garden and the sign code as well as parked trucks and sales tax. They try to monitor these events and for the most part they do get business licenses and pay sales tax. Council can make decisions as to how their property is used. Auctions at hotels will need investigated from a legal standpoint. Councilman Frisch said when the Saturday market first started there was lots of concern that it would hurt local retailers. It has not and has been a real boom. These guys have good history of sales records that show what they were doing before these people came to town and have proof of loss of customers. Don Stone told the Council three years ago sales in July were down about 20%. This year sales were zero over the same time. He suggested a special permit be applied for and part of the application should include negative economic impact for other businesses in the City. He asked why Aspen needs an additional twenty jewelry stores. He proposed these events occur on other days that are not the typically high sales days for the local businesses. There should be someone who monitors that taxes are collected at the event. He said there are four issues, existing economic establishments playing with a level field, City or State problems with tax collection, is the purchaser getting a fair and honest shake and weather these events should occur. Jim Pomeroy said when he get phone calls and sees this he has talked to the hotels. When he sees trucks he has told them they need to move on. He has also told the sellers they can’t park their trucks in the core. 2. Phillip Kalfas requested that Council buy down his Burlingame ranch unit. It was originally up for sale in December 2011 for 262,700 dollars. There has only been one serious buyer in two years. He dropped the price in February and there have been nine people interested since June but none have the money. He is asking Council to redesignate to category three. He received a letter from APCHA stating they support this. Mayor Skadron said the APCHA letter puts Council in an uncomfortable position. He is not sure how the City would manage it. It would require the City to show a future obligation for all Regular Meeting Aspen City Council September 8, 2014 3 affordable housing owners. Mr. Kalfas said the units were designed to sell and maybe should not have been designated as category four to begin with. People are afraid to buy because they can’t re-sell it. Steve Barwick said he prefer that Staff meet with Mr. Kalfas and take this back to the housing board. It sets a precedent and need a thorough discussion. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins said the town seems more crowded than previous summers. We need to figure out what we are trying to accomplish with the events and which add to the Aspen experience. Council needs to look at what events fit best with town and what the town’s capacity is. 2. Councilwoman Mullins said she has received many comments on the facility plan expressing options two and three are good alternatives. She would like to re-open the discussion and get more input from the consultants. 3. Councilman Frisch said school back in session. 4. Councilman Frisch said it has been a vibrant busy summer. It is great we have a lot of people around. 5. Councilman Frisch gave a hats off to Keith and the crew who put on the mac and cheese fest. 6. Mayor Skadron congratulated everyone who participated in the mac and cheese fest and to Keith who organized it. He tasted 14 different varieties and it was a fun day. Thanks to Craig and Samantha for letting the judges stage on their front porch. 7. Mayor Skadron thanked Steve Aiken and the golf course crew for hosting the 30th annual Mayors tournament. It was his first time golfing and it was a fun day. 8. Mayor Skadron attended the Ice Garden 50th anniversary and it was fun to be there with long time locals. 9. Mayor Skadron squashed the rumor that City Council is not in secret negotiations with a beer company to paint the town gold! CONSENT CALENDAR Resolution 104- Red mountain water line replacement Councilwoman Mullins asked how long the construction will take. Andy Rossello, water department, said four to six weeks. She asked what they are doing to minimize construction impacts. Mr. Rossello said the project is on private property and they are trying to minimize haul routes and trips. There is a 20 foot swath to cut and install the water line. They have a very strong re-vegetation project and plan to meet with the property owner in the spring. It is outside the City and they will follow all County requirements. Resolution 106 – Source Gas utility easement Councilwoman Mullins complimented Staff and said it is a really successful partnering for a bunch of agencies. She sees no downsides and thanked Austin for a good project. Austin Weiss, parks department, said it is a win win and will result in a much better trail. Mayor Skadron said they saw this area at the site visit. There are no funds involved but a savings of 65,000 dollars. Mr. Weiss said they had budgeted the money for the trail re-route but Source Gas will pick it up. Resolution 107- Hopkins pedestrian connectivity contract change order Councilwoman Mullins said it is a good idea to tag this on with the other project. She asked if they are using something like a Silva Cell for stormwater drainage and tree planting. Garett Sabourin, Regular Meeting Aspen City Council September 8, 2014 4 engineering, said for this situation they are working with the parks department and because of the amount of area they are going with permeable pavers instead of Silva Cell. Councilwoman Mullins asked if lighting and bike racks were addressed. Mr. Sabourin said the bike rack will be replaced with new ones. Tyler Christoff, engineering, said the existing light spacing will be maintained. She asked if there is any way to match blocks on the east and west and line them up. Mr. Christoff said there will be overall coordination. Mayor Skadron said the 50,000 dollar change order is being driven by the market. Mr. Christoff said they received a number of bids and see increasing costs with each. Mayor Skadron asked if they are comfortable that another change order won’t be requested. Mr. Christoff said the work has not begun yet. He said they are confident they will finish within the budget. Resolution #104, Series of 2014 – Red Mountain Road Waterline Replacement Resolution #106, Series of 2014 – Source Gas Utility Easement Resolution #105, Series of 2014 – Aspen Substation Upgrade & Deer Hill Second Feeder Resolution #107, Series of 2014 – Hopkins Pedestrian Connectivity Improvements Project: Construction Change Order Approval Minutes – August 25 and 26, 2014 Councilwoman Mullins moved to approve the consent calendar; seconded by Councilman Daily. All in favor, motion carried. Ordinance #28, Series of 2014 – 1006 E Cooper Avenue – Establishment of Transferable Development Rights Amy Simon, community development, told the Council 1006 E Cooper is a landmark designated property with a Victorian miner’s cabin. HPC recently approved a project that demolishes the non-historic construction and develops a new addition. The allowed floor area for this property is 2,201 square feet and the applicant proposed 529 square feet less than allowed and received no bonuses. They would like to create two TDRs with the unused development. Staff recommends approval. Councilman Frisch asked if there are any TDRs by right. Ms. Simon said it all has to come to Council. He asked if we have ever run into an instance where the house has been so small they would want to see it put elsewhere. Ms. Simon said there are a few cabins that have been stripped down. Councilman Daily moved to read Ordinance #28, Series of 2014; seconded by Councilman Frisch. All in favor, motion carried ORDINANCE NO. 28 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 1006 E. COOPER AVENUE, LOT L AND THE WEST 10’ OF LOT M, BLOCK 34, CITY AND TOWNSITE OF ASPEN, COLORADO Councilwoman Mullins moved to adopt Ordinance #28, Series of 2014 on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council September 8, 2014 5 Ordinance #28, Series of 2014 – 518 W Main Street – Subdivision Amendment Sara Adams, community development, told the Council this is a 100 percent affordable housing project comprising 11 units. It was approved in 2011. Peter Fornell the owner, requests an amendment to the ordinance to section 8 to allow owner selection of one of the units to a qualified purchaser. Any subsequent purchasers would have to go through the lottery. Staff is recommending approval. There is nothing in the land use code that restricts the developer from selecting the initial purchaser. APCHA is also supportive. Second reading is scheduled for September 22. Councilman Frisch said he was on Council when this was originally proposed. He said in the past some amount of projects have been like this. He said overall it is a valuable tool to use to encourage affordable housing. Councilman Daily said it is a modest proposal and he is comfortable with it. Mayor Skadron said he will support it but is concerned with setting a precedent. He said there needs to be a discussion about this in the land use code. Councilman Daily moved to read Ordinance #29, Series of 2014; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 29 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUBDIVISION AMENDMENT FOR THE DEVELOPMENT OF THREE MULTI-FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND ½ OF LOT 0, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Daily moved to adopt Ordinance #29, Series of 2014 on first reading; seconded by Councilwoman Mullins. Roll call vote, Councilmembers; Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Ordinance #26, Series of 2014 – Maroon Creek Club – Planned Development Amendment Jennifer Phelan, community development, said this is a request by the Maroon Creek Club to allow for the extinguishment of TDRs on 43 lots. The applicant is the master HOA, represented by Bill Lukes. Maroon Creek Club was approved in 1993 and annexed in 1996. The subdivision is 369 acres located on both sides of highway 82. There are 43 free market single family home sites. These lots are located off of Tiehack. They contain between 15, 000 to 166, 000 square foot lots. Of the 43 lots, 10 are allowed 10,000 square feet in floor area; 25 are allowed 6,000 square feet and 8 are allowed 5,500. The request is to allow up to 3 TDRs on the 10 larger lots to allow up to 10,750 square feet of floor area. Two TDRs would be permitted on 33 of the lots which would allow up to 6,000 or 6,500 square feet of floor area. This allows for up to 96 TDRs to be extinguished on these properties. It is roughly an increase of 7.5-9% floor area per lot. Part of the reason for the request is to allow the landing of TDRs because the program was not in effect when the property was subdivided and annexed into City. It is an opportunity to land square footage on the outskirts of town. Staff recommends approval. Councilman Frisch said there is an oversupply of TDRs and they need to be used. He said there could be some pushback about urban sprawl. With the reduction of residential components going downtown we have lost a lot of places where these could be put in place. It is more beneficial for lots that have not been built on but if we want to support the program they need to land somewhere. He is not sure where else we could look for landing places. Regular Meeting Aspen City Council September 8, 2014 6 Councilman Daily said he agrees with Councilman Frisch. It is a creative attempt at additional landing sites. It has the support of the HOA. He is in favor of the proposal. He asked how many TDRs are available today. Councilman Frisch said it would be nice to know how many and what they are trading at. Ms. Simon said there is an amendment with the program to require we be informed of the value any time a sale takes place. Mayor Skadron asked the difference between 36 homes and 43 lots. Mr. Lukes said there are eight vacant lots. Mayor Skadron asked if these are desirable units and what is driving the desire for TDR’s. Mr. Lukes said there is not a huge demand for additional square footage. They felt that modest increases could be absorbed on many of the lots and is sort of a why not situation. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Ms. Simon said there are 64 TDRs that have been approved by ordinance and 22 have landed. 42 are available. Councilwoman Mullins said she supports this. It creates a good market; less than 10% of allowable square footage would be added, the homes are larger and can absorb the development, minimum impact to the development and it supports the TDR program. Mayor Skadron asked if Council should give consideration that larger properties get four. Councilwoman Mullins said to keep it at three and they can revisit it later. Councilmembers Frisch and Daily agree with Councilwoman Mullins. Mayor Skadron said they are creating 96 landing sites tonight. Ms. Simon said that’s great. Mayor Skadron said he will support as well. Councilwoman Mullins moved to adopt Ordinance #26, Series of 2014; seconded by Councilman Daily. Roll call vote, Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Ordinance #21, Series of 2014 – 301 Lake Avenue – AspenModern negotiation for historic designation of 301 Lake Avenue Ms. Simon said this was continued from the 8-25 meeting. It is for voluntary landmark and AspenModern designation. The changes since the last application include only five years of vested rights instead of 10. It would reduce the number of TRDs awarded from two to one. There are also changes to the proposed design. The overall length of the addition has decreased one foot six inches on the Lake Avenue end and three inches on the west. The width of the proposed addition has decreased by one foot. The site coverage decreased by 553 square feet. Part of this is the footprint of the addition is smaller and there was a miscalculation that included the overhangs. The site coverage has decreased to 48.3 percent but is still 859 square feet over the allowable. The height of the proposed garage has dropped six inches to 12 foot 3 inches. They will not place a roof deck on the garage. Staff and HPC recommend approval. Derek Skalko said they did go back to parks and engineering and they are at the same place. Regular Meeting Aspen City Council September 8, 2014 7 From the August 25th meeting they have removed the right of way encroachment and further pushed the garage in to 10 feet four inches. The garage is still at one foot six inches off the alley. Currently they have reduced the mass by one foot across. The addition is significantly below the height limit allowed. There is extensive vegetation on site and it will continue. From North Street to the addition it is 98 feet back. By reducing the height it is bringing more of a view of the Lundy house. Moving west they brought the height down by six inches. At first hearing the call out was 1.12.9 and now it is 1.12.3. They have dropped the height of the garage seven to nine feet over the last 4 months. The site coverage is now 48.3 percent, a decrease of six percent from the last meeting. This was accomplished by reducing the mass and Mr. Skalko’s error in computing based on engineering standards. This is not out of line with the neighborhood. He showed a map of the neighborhood with one home at 49.8 percent, the Block’s house is at 40.4 percent, another at 50.9 percent and one at 20.7. Considering the right of way, they all come in around the same at 30 percent. Looking at site coverage for the actual property and then taking into consideration the right of ways that encompass the properties they are right in the middle. They are a one story property for the most part in the addition. Mitch Haas said there are six lots on the block. They are third if ranked from highest to lowest. Mayor Skadron asked why the right of way discussion is it part of a private application. Mr. Hass said it addresses perception. Councilman Frisch said there are two big issues, the concern about daylight and the neighbors. He said he can’t figure out why the neighbors don’t want a 13 foot structure when it could be close to 30. It would be a disaster to see the house come down. He is glad they lowered the one part and it is a one story house. The other concern is just how big the house is. They have to give credit to a one story house. The lower height is worthy of additional site coverage. Mr. Skalko said it is not a gun to the puppy’s head. If the house goes away there is the ability to duplex the property. If that happens the square footages are all the same, nothing goes away. The above grade square footages would be more if the house goes away. In a duplex scenario the garages double and the mass goes up. Councilman Frisch said it is long and low versus high and more traditional. Mr. Haas said they made a lot more of the subgrade area count towards livable area. They are using the space below ground rather than stack it up on a second story. The tradeoff for lower height is a lot more subgrade space which increases the site coverage. Mayor Skadron asked the applicant to comment on the green canopy. Mr. Skalko said there is a heavy amount of vegetation that will remain intact. They intend to have plantings and be visually obscured by natural vegetation. Mr. Haas said it is necessary to remove some trees to accommodate the addition but there will still be a lot of trees. If it becomes too ornate and too soft it will compete with the house. Mayor Skadron asked about outreach with the neighbors that has been done since the last meeting. Mr. Haas replied none. Mayor Skadron opened the public comment. 1. Martin Block said Victor Lundy designed his own house without a garage and did not need one. He said to get rid of the garage it isn’t needed. The hearings are unfair to the people who are participating and aren’t the developers. Letters from west end residents have been against the proposal and none in favor that have not originated from the developers. Council has only listened to historical preservation Staff and commission. Why do they deserve transferable development rights and be vested for five years. There are two historic houses immediately adjacent and they are wrecking both of them to save the Lundy house. He feels the Council should be listening to the voters and the residents of the west end. Regular Meeting Aspen City Council September 8, 2014 8 2. Beata Block handed out her comments to the Council. 3. Bill Stirling said the applicant has compromised with the request of the neighbors. It has been an extensive series of changes and responses by the applicant. 4. Paul Taddune thanked the Council for their time and consideration spent on the project. He would like clarification on 12.9 or 12.3 on the height of the roof of the garage. He mentioned the requests at end of Ms. Block’s letter for the possibility of a sound barrier during construction, object to 10 year vesting, will City require a restriction on hours of construction, some form of dust and dirt mitigation and who would the neighborhood turn to if the rules not adhered to. Mayor Skadron said the reality is if this comes down, what goes up has far greater impact than what goes up. Mr. Block said if all of the legal set backs are kept, 8 feet from alley and 10 from their house, there will be no construction that will block their light and air. The back yard will remain untouched. If the garage was gone they would be ok. Mr. Skalko said they reduced the height an additional 6 inches from the 8-25 meeting. The plate call out is 1.12.3 if off an architectural 100. This means 12 feet 3 inches would be the callout for the plates. Where the ground sits finished versus existing may be off a few inches but the building itself will be 12 feet three inches tall. Mr. Skalko said if the house is torn down they will push back the garage three feet but can go up 35 feet. The required setback off the alley is only five feet not eight. New development will have more impact. Mr. Haas said they will develop on the largest area of the lot and it will include two dwelling units. Mayor Skadron closed the public comment. Councilwoman Mullins said she does not want to see the home torn down and would like to see Mr. Lundy honored. It is important to save these homes but there needs to be some compromise. To restore the home as much as we can and find a sympathetic development solution that maintains the character of the home, site and neighborhood is what we need to strive for. The applicant has come up with something that works. The addition is narrower and shorter and more background to the original house. It creates a place for the original resource to sit. The north elevation shows this best and the east is successful. The elevation along the alley is the least successful. They applicant has addressed her suggestions. She support this and the applicants have done a good job. They have enhanced it with the final version. Councilman Daily said he agrees with Councilwoman Mullins. The final proposed adjustments as well as previous adjustments are reasonably responsive to the concerns of the neighbors and Council. Not fully responsive but then it is an application that is a matter of wide and difficult compromise. He said he wishes we could do more to reduce the perceived adverse impacts. It has gone as far as we can to encourage the applicant to make further adjustments. It is balanced and he supports the proposal. He does not think a two story duplex is a desirable alternative. Councilman Frisch said it is an important piece of property that needs to be saved. The applicant has done a really good job of presenting where they are and other solutions. He would rather have it look like this than see the building go down and a two story house. He thinks this is the best thing for the community to see. We have some of the tightest and restrictive building codes and restrictions. The City has construction hours and dust mitigation. He is happy with five years vesting but would rather see three. He is supportive and will be voting yes. Regular Meeting Aspen City Council September 8, 2014 9 Mayor Skadron said the request for a sound barrier has come up previously. Mr. Skalko said there are thorough construction mitigation requirements and they will adhere to all standards. Mayor Skadron asked why is five years vesting necessary. Mr. Skalko replied there is concern with possible changes or economic events that may prevent building. It does not extend the construction period. Mayor Skadron asked what recourse the neighbors have should development not adhere to the rules. Mr. True said they can address the matters with the construction management administrator with the engineering department. Any noise issue can be brought to environmental health. Mayor Skadron said he is sensitive to Dr. Block’s comments. The community’s interest is not being served because the preservation incentives being offered have been quite aggressive. He is sensitive to the Block’s but something will be done and what is proposed tonight will have less of an impact on the west end and will be less that what could be seen. He received a text from Councilman Romero and he said after reading the packet he generally supports. Mayor Skadron said he supports as well. The applicant asked for two TDRs to help offset the construction costs. Councilwoman Mullins said she can support two TDRs. Councilman Frisch said he supports one but two works as well. Councilman Daily said he is comfortable with one. Mayor Skadron agreed with one. Councilman Frisch moved to adopt Ordinance #21, Series of 2014; seconded by Councilman Daily. Roll call vote; Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Action Items 601 E Hopkins-Commercial Design Review- Notice of Call-up 620 E Hyman Avenue –Commercial Design Review – Notice of Call-up Councilwoman Mullins asked if Staff feels the materials adhere to the guidelines. Ms. Phelan replied yes. They suggested expanded use of materials at 601 but the board did not feel it was necessary. No Call up. Vacation Rental Permit Report – The update was a requirement of the program. Resolution #109, Series of 2014 – Approval of purchase of an affordable housing unit at 947 W Hallam Street Barry Crook said this unit was purchased by the City and deeded to APCHA for the affordable housing pool. The owner died and the unit is now owned by his brother who is not eligible. The unit is not in a condition to sell. No certificate of occupancy has ever been issued. The current owner is not interested in doing the work to get the CO. The solution the City came up with is to offer the same amount of money the brother paid and his current out of pocket costs. The City would assume ownership and do the work and put the unit back into the program to sell. There is a cost and a loss to City but less than the other options out there. It is prudent for the City to assume the burden and resell. Councilman Daily said it is the best alternative. Councilwoman Mullins moved to adopt Resolution #109, Series of 2014; seconded by Councilman Frisch. All in favor, motion carried. Councilwoman Mullins moved to adjourn at 7:45 pm; seconded by Councilman Daily. All in favor, motion carried. Linda Manning – City Clerk